Applicability of FR 22(I)(a)(1) in CCS(RP) Rules, 2016 (7th CPC) on Promotion/MACP- DoPT OM on method of fixation of pay from DNI

Applicability of FR 22(I)(a)(1) in CCS(RP) Rules, 2016 (7th CPC) on Promotion/MACP- DoPT OM on method of fixation of pay from DNI

Applicability of FR 22(I)(a)(1) in CCS(RP) Rules, 2016 (7th CPC) on
Promotion/MACP- DoPT OM on method of fixation of pay from DNI
*** No.13/02/2017-Estt.(Pay-I), Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training ** North Block, New Delhi, Dated 27th July, 2017** OFFICE MEMORANDUM **Subject: Availability of option for fixation of pay on promotion from
the Date of Next Increment (DNI) in the lower post and method of
fixation of pay from DNI, if opted for, in context of CCS (RP) Rules,
2016-regarding.

No.13/02/2017-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 27th July, 2017
OFFICE MEMORANDUM
 

Subject: Availability of option for fixation of pay on promotion from
the Date of Next Increment (DNI) in the lower post and method of
fixation of pay from DNI, if opted for, in context of CCS (RP) Rules,
2016-regarding. 
 
Prior to implementation of 6th CPC Report, the pay fixation on promotion
was governed by provisions of FR 22(I)(a)(1). In 6th CPC context, the first
part of FR 22(I)(a)(1) was replaced by Rule 13 of CCS (RP) Rules, 2008.
Similarly, consequent upon implementation of CCS (RP) Rules, 2016 in 7th
CPC context, the pay fixation on promotion is regulated by the provisions
of Rule 13 of CCS (RP) Rules, 2016. This rule regulates pay fixation on
promotion if the same is opted by the employee from the date of promotion
itself. The issue of relevancy of provisions of FR 22(I)(a)(1) as well as
the methodology of fixation of pay on promotion to post carrying duties and
responsibilities of greater importance, of a Government Servant in case he
opts for pay fixation from the Date of Next Increment (DNI) has been
considered in this Department. 
2. In this context, proviso under FR 22(I)(a)(1) inter-alia provides that
the Government Servant (other than those appointed on deputation basis to
ex-cadre post or on ad-hoc basis or on direct recruitment basis) shall have
the option, to be exercised within one month from the date of promotion, to
have the pay fixed under this rule from the date of such promotion or to
have the pay fixed from the date of accrual of next increment in the scale
of the pay in lower grade. 
3. After due consideration in this matter, the President is pleased to
decide as follows: 
(i) FR 22(I)(a)(1) holds good with regard to availability of option clause
for pay fixation, to a Government Servant holding a post, other than a
tenure post, in a substantive or temporary or officiating capacity, who is
promoted or appointed in a substantive, temporary or officiating capacity,
as the case may be, subject to the fulfilment of the eligibility conditions
as prescribed in the relevant Recruitment Rules, to another post carrying
duties ‘or responsibilities of greater importance than those attaching to
the post held by him/her. Such Government Servant may opt to have his/her
pay fixed from the Date of his/her Next Increment (either 1st July or 1st
January, as the case may be) accruing in the Level of the post from which
he/she is promoted, except in cases of appointment on deputation basis to
an ex-cadre post or on direct recruitment basis or appointment/promotion on
ad-hoc basis. 
(ii) In case, consequent upon his/her promotion, the Government Servant
opts to have his/her pay fixed from the date of his/her next increment
(either 1st July or 1st January, as the case may be) in the Level of the
post from which Government Servant is promoted, then, from the date of
promotion till his/her DNI, the Government Servant shall be placed at the
next higher cell in the level of the post to which he/she is promoted. 
Illustration:
illustration-7th-cpc-pay-fixation-on-dni
(iii) Subsequently, on DNI in the level of the post to which Government
Servant is promoted, his//her Pay will be re-fixed and two increments (one
accrued on account of annual increment and the second accrued on account of
promotion) may be granted in the Level from which the Government Servant is
promoted and he/she shall be placed, at a Cell equal to the figure so
arrived, in the Level of the post to which he/she is promoted; and if no
such Cell is available in the Level to which he/she is promoted, he/she
shall be placed at the next higher Cell in that Level. 
Illustration:
illustration-7th-cpc-pay-fixation-on-dni-fr-22-i-a-1
 
(iv) In such cases where Government Servant opts to have his/her pay fixed
from the date of his/her next increment in the Level of the post from which
he/she is promoted, the next increment as well as Date of Next Increment
(DNI) will be regulated accordingly. 
4. It is further reiterated that in order to enable the officials to
exercise the option within the time limit prescribed, the option clause for
pay fixation on promotion with effect from date of promotion/DNI shall
invariably be incorporated in the promotion/appointment order so that there
are no cases of delay in exercising the options due to administrative
lapse. 
5. In so far as their application to the employees belonging to the Indian
Audit and Accounts Department is concerned, these orders issue in
consultation with the Comptroller Auditor General of India. 
(Pushpender Kumar)
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Under Secretary to the Government of India

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