PROTECTION OF PAY ALLOWED ON APPOINTMENT TO A LOWER POST
PROTECTION OF PAY ON APPOINTMENT TO A LOWER POST
Subject: Protection of pay to the Central Government Servants consequent to their appointment to a new post in different service or cadre in Central Government, through direct recruitment.
1. The undersigned is directed to say that consequent to various references received from Ministries/Departments on protection of pay under FR 22-B(1), a need has been felt to issue guidelines on the manner of fixation of pay in respect of the Central Government Servant who after technical resignation, is appointed to new post in the different service or cadre in Central Government through direct recruitment where either higher responsibilities are involved or not, as the case may be, in 7th Central Pay Commission scenario.
2. Provisions of FR 22-B(1) inter-alia provide as under:
“P.R. 22-B.(1) Notwithstanding anything contained in these Rules, the following provisions shall govern the pay of a Government servant who is appointed as a probationer in another service or cadre, and subsequently confirmed in that service or cadre-
(a) during the period of probation, he shall draw pay at the minimum of the time scale or at the probationary stages of the time scale of the service or post, as the case may be:
Provided that if the presumptive pay of the permanent post on which he holds a lien or would hold a lien had his lien not been suspended, should at any time be greater than the pay fixed under the clause, he shall draw the presumptive pay of the permanent post;
(b) on confirmation in the service or post after the expiry of the period of probation, the pay of the Government servant shall be fixed in the time-scale of the service or post in accordance with the provisions of Rule22 or Rule 22-C, as the case may be
3. Consequent upon the implementation of 7th CPC Report and CCS (RP) Rules, 2016, the President is pleased to allow protection of pay in the light of the provisions laid down under FR 22-B(1) to Central Government employee who is appointed as probationer in another service or cadre either carrying higher responsibilities or not, as the case may be and subsequently confirmed in that service or cadre, in the manner as illustrated in the link below.
NOTE-I: ‘Presumptive pay of a post’ when used with reference to any particular Government servant, means the pay to which he would be entitled if he held the post substantively and were performing its duties, but it does not include special pay unless the Government servant performs or discharges the work or responsibility, in consideration of which the special pay was sanctioned.
NOTE-II: ‘Substantive pay’ means the pay inclusive of special pay sanctioned in lieu of higher time-scale of pay, other than special pay, personal pay or emoluments classed as pay under Rule 9 (21) (a) (iii) to which a Government servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.
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