How to avail pay protection under fr 22b
Querist :
Anonymous
(Querist) 23 March 2023
This query is : Resolved
I worked in Ordnance factory Itarsi for 5 and half years in pay level 4. When I was in level 1 in OFI, I applied for railway service in pay level 2 for the post of technician grade 3. I was approved NOC by Ordnance factory. I was promoted to pay level 4 in 2022. After that I got my appointment letter from Railway Board Kolkata. So, I technically resigned on lien basis from previous department and now I have joined in rail. Now, what is the process to avail previous basic pay by the DOP&T rule of FR 22 B. Please help, guiding legal process.
Querist :
Anonymous
(Querist) 23 March 2023
Present administration don't know the proper rules, so they are delaying
P. Venu
(Expert) 23 March 2023
FR 22 B has since been deleted.
Presently, FR 22 provides as fellows:
F.R. 22 (I) The initial pay of a Government servant who is appointed to a post on a time
scale of pay is regulated as follows:
(a)(1) Where a Government servant holding a post, other than a tenure
post, in a substantive or temporary or officiating capacity is promoted or
appointed in a substantive temporary or officiating capacity, as the case
may be, subject to the fulfillment of the eligibility conditions as prescribed
in the relevant Recruitment Rules, to another post carrying duties and
responsibilities of greater importance than those attaching to the post held
by him, his initial pay in the time-scale shall be fixed by giving one
increment in the level from which the Government servant is promoted and
Part- A : Pay fixation on promotion and availability of option:
he or she shall be placed at a cell equal to the figure so arrived at in the
level of the post to which promoted or appointed and if no such cell is
available in the level to which promoted or appointed, he shall be placed at
the next higher cell in that level.
Save in cases of appointment on deputation to an ex cadre post or
to a post on ad hoc basis or on direct recruitment basis, the Government
servant shall have the option, to be exercised within one month from the
date of promotion or appointment, as the case may be, to have the pay
fixed under this rule from the date of such promotion or appointment or to
have the pay fixed initially at the next higher cell in the level of the post to
which he or she is promoted on regular basis and subsequently, on the
date of accrual of next increment in the level of the post from which
Government Servant is promoted, his pay shall be re-fixed and two
increments (one accrued on account of annual Increment and the second
accrued on account of promotion) shall be granted in the level from which
the Government Servant is promoted and he or she shall be placed at a
cell equal to the figure so arrived, in the level of the post to which he or
she is promoted; and if no such cell is available in the level to which he or
she is promoted, he or she shall be placed at the next higher cell in that
level.
In cases where an ad hoc promotion is followed by regular
appointment without break, the option is admissible from the date of initial
appointment or promotion to he exercised within one month from the date
of such regular appointment.
In cases where an officer has retired as ad hoc before being
regularised to that post and later on has been assessed during the
process of regularisation and found fit by the competent authority along
with his or her juniors, who are still in service and are eligible to avail of
the option facility from a date on which the retired employee was still in
service, the same option facility shall also be extended to the retired
employee, to be exercised within three months from the date when his or
her junior became eligible to avail of option facility and in cases where
such retired employee was himself the junior most, he or she may
exercise the option facility within three months from the date when his or
her immediate senior became eligible to avail of option facility:
Provided that where a Government servant is immediately before
his promotion or appointment on regular basis to a higher post, drawing
pay at the maximum of the level of the lower post, his initial pay in the level
of the higher post shall be fixed at the cell equal to the figure so arrived at
in the level of the post to which promoted or appointed by increasing his
pay in respect of the lower post held by him on regular basis by an amount
equal to the last increment in the level of the lower post and if no such cell
is available in the level to which he is promoted or appointed, he shall be
placed at the next higher cell in that level.
(2) When the appointment to the new post does not involve such
assumption of duties and responsibilities of greater importance, he shall
draw as initial pay, the stage of the time scale which is equal to his pay in
respect of the old post held by him on regular basis, or if there is no such
stage, the stage next above his pay in respect of the old post held by him
on regular basis:
Provided that where the minimum pay of the time scale of the new
post is higher than his pay in respect of the post held by him regularly, he
shall draw the minimum as the initial pay:
Provided further that in a case where pay is fixed at the same
stage, he shall continue to draw that pay until such time as he would have
received an increment in the time scale of the old post, in cases where
pay is fixed at the higher stage, he shall get his next increment on
completion of the period when an increment is earned in the time-scale of
the new post.
On appointment on regular basis to such a new post, other than to
an ex-cadre post on deputation, the Government servant shall have the
option, to be exercised within one month from the date of such
appointment, for fixation of his pay in the new post with effect from the
date of appointment to the new post or with effect from the date of
increment in the old post.
(3) When appointment to the new post is made on his own request
under sub-rule (a) of Rule 15 of the said rules, and the maximum pay in
the time-scale of that post is lower than his pay in respect of the old post
held regularly, he shall draw that maximum as his initial pay.
(b) If the conditions prescribed in clause (a) are not fulfilled, he shall draw as
initial pay on the minimum of the time-scale:
Provided that, both in cases covered by clause (a) and in cases,
other than the cases of re-employment after resignation or removal or
dismissal from the public service, covered by Clause (b), if he—
(1) has previously held substantively or officiated in
(i) The same post, or
(ii) A permanent or temporary post on the same time-scale, or
(iii) A permanent post or a temporary post (including a post in a body,
incorporated or not, which is wholly or substantially owned or
controlled by the Government) on an identical time-scale; or
(2) is appointed subject to the fulfilment of the eligibility conditions as
prescribed in the relevant Recruitment Rules to a tenure post on a timescale identical with that of another tenure post which he has previously
held on regular basis;
then the initial pay shall not, except in cases of reversion to parent
cadre, governed by proviso(1)(iii) be less than the pay, other than special
pay, personal pay or any other emoluments which may be classed as pay
by the President under rule 9(21)(a)(iii) which he drew on the last
occasion, and he shall count the period during which he drew that pay on
a regular basis on such last and any previous occasions for increment in
the stage of the time-scale equivalent to that pay. If, however, the pay last
drawn by the Governments servant in a temporary post had been inflated
by the grant of premature increments, the pay which he would have drawn
but for the grant of these increments shall unless otherwise ordered by the
authority competent to create the new post, be taken for the purposes of
this proviso to be the pay which he last drew in the temporary post which
he had held on a regular basis. The service rendered in a post referred to
in proviso (1)(iii) shall, on reversion to the parent cadre count towards
initial fixation of pay, to the extent and subject to the conditions indicated
below:-
(a) The Government servant should have been approved for
appointment to the particular grade or post in which the previous
service is to be counted;
(b) all his seniors, except those regarded as unfit for such
appointment, were serving in posts carrying the scale of pay in
which benefit is to be allowed or in higher posts, whether in the
Department itself or elsewhere and at least one junior was holding
a post in that Department carrying the scale of pay in which the
benefit is to be allowed; and
Page 5 of 18
(c) the service will count from the date his junior is promoted on a
regular basis and the benefit will be limited to the period the
Government servant would have held the post in his parent cadre
had he not been appointed to the ex-cadre post.
(II) The President may specify post outside the ordinary line of service the
holder of which may, notwithstanding the provisions of this rule and subject to
such conditions as the President may prescribe, be given officiating promotion
in the cadre of the service which the authority competent to order promotion
may decide, and may thereupon be granted the same pay whether with or
without any special pay attached to such posts as they would have received if
still in the ordinary line.
(III) For the purpose of this rule, the appointment shall not be deemed to
involve the assumption of duties and responsibilities of greater importance if
the post to which it is made is on the same scale of pay as the post, other than
a tenure post, which the Government servant holds on a regular basis at the
time of his promotion or appointment or on a scale of pay identical therewith.
(IV) Notwithstanding anything contained in this rule, where a Government
servant holding an ex-cadre post is promoted or appointed regularly to a post
in his cadre, his pay in the cadre post will be fixed only with reference to his
presumptive pay in the cadre post which he would have held but for his
holding any ex-cadre post outside the ordinary line of service by virtue of
which he becomes eligible for such promotion or appointment.
[Notification No. 1/10/89-Estt.(Pay-I) dated 30.08.1989]
[Notification No. 13/1/2017-Estt.(Pay-I) dated 19.11.2018]
[ Notification No. 1/10/89-Estt.(Pay-I) dated 28.11.1990]
Consolidated instructions on Pay Fixation issued by DoPT could be accessed at https://dopt.gov.in/sites/default/files/Pay%20Fixation%20-%20Information%20document.pdf
kavksatyanarayana
(Expert) 23 March 2023
“In case of candidates working in Public Sector undertakings (PSUs), Universities, Semi-Government Institutions or Autonomous Bodies, who are appointed to a post as direct recruits on or after 01.01.2016 on selection through interview by a properly constituted agency including Departmental Authorities making recruitment directly, their initial pay shall be fixed at a stage in the level of the post so that the pay and Dearness Allowance as admissible in the Government, protects the pay and Dearness Allowance drawn in the PSU etc.. If there is no such stage in the post, the pay shall be fixed at the stage next below that pay. If the maximum pay in the level applicable to the post in which the person is appointed is less than such pay arrived at, his initial basic pay shall be fixed at such maximum pay of the post. Similarly, if the minimum pay in the level applicable to the post in which such person is appointed is more than such pay arrived at, his initially basic pay shall be fixed at such minimum pay of the post. The pay fixed under this formulation will not exceed the highest cell value applicable for the level of the post in the pay matrix, to which he is appointed." [Para 2 of OM No. 12/3/2017-Estt.(Pay-I) dated 28.07.2017]
Dr J C Vashista
(Expert) 24 March 2023
Very well explained and advised by experts.
T. Kalaiselvan, Advocate
(Expert) 24 March 2023
Central Government Servant who after technical resignation, is appointed to new post in the different service or cadre in Central Government through direct recruitment. (a) Pay protection under FR 22-B(1) will be available to the Government servant if he holds a lien on his previous permanent post.
Pay protection under FR 22-B(1) will be available to the Government servant if
he holds a lien on his previous permanent post.
[Para 4 of OM No. 12/2/2017-Estt.(Pay-I) dated 05.08.2020]
Pay Protection will be granted to the candidates serving in PSU's/Govt. Pay Protection on New PostDuring the joining time, the teacher shall be entitled to the pay drawn by him/her in the earlier post, irrespective of whatever post held by him/her is equivalent, lower or higher in grade and/or in responsibilities.
Pay Protection will be granted to the candidates serving in PSU's/Govt. Pay Protection on New PostDuring the joining time, the teacher shall be entitled to the pay drawn by him/her in the earlier post, irrespective of whatever post held by him/her is equivalent, lower or higher in grade and/or in responsibilities.
Sudhir Kumar, Advocate
(Expert) 23 March 2023
