Clarification – Annual Increment as on 01.2.2014 on Grant of BS17 to Superintendent – Refixation – Option 19.05.2015
OFFICE MEMORANDUM
Subject: Annual Increment as on Grant of BS17
I am directed to refer to this Department’s notification bearing even number dated 04.03.2015 and to state that a question has arisen about admissibility of annual increment as on 01.12.2014 to Superintendents who were allowed higher time scale BS- 17 w.e.f. 10.09.2014.
2. It is clarified that the Superintendents who have been allowed higher time scale (BS-17) w.e.f. 10.09.2014 are entitled to exercise option in terms of this Department’s circular letter No. FD(PC)3-1/83(Pt. II) dated 06.05.1986 for re-fixation of pay after availing increment on 1 December, 2014 in previous scale, i.e., BS-16
It has been decided, after due consideration, that where a post has been upgraded between 2nd June and 30 November of a calendar year, the incumbent of such a post should be allowed refixation of pay with reference to his notional pay in the lower scale on 1st December of that year subject to the exercise of an option by the incumbent of the past, provided that other conditions of earning the increment are fulfilled. This order would take immediate effect.
The initial pay shall not be less than the pay other than special pay, Personal or emoluments classed as pay by the competent authority under rule 2.44 (a) (i), which he drew on the last such occasion, and he shall count for increments the period during which he drew that pay on such last and any previous occasions.
The concession is admissible under clauses (1) (ii) and (I) (iii) of the above proviso in respect of previous service in temporary posts is subject to the conditions that where the Government servant’s pay in his previous post was inflated by the grant of advanced increments for any cause, his initial pay in his new post shall, unless otherwise ordered by the authority competent to create the post, be fixed by counting for increments from the minimum of the scale the period of service rendered by him in the previous post or posts on the same or on identical time-scale.
Explanation-Reversion to the ordinary cadre of a service from a tenure post included in that cadre or from a tenure or special post not included in it, does not constitute substantive appointment to the post and therefore does not fall under this rule.
Exception 1- The special pay drawn by a Senior Assistant Superintendent in the Jail Department shall be regarded as part of his substantive pay for the purposes of fixing his initial pay on his promotion to the rank of Deputy Superintendent.
Exception 2.-The condition in sub-clause (iii) of the first proviso that the temporary post should be on the same time-scale as a permanent post shall not be enforced when a temporary post is (i) created by one Government or Department for the purpose of work of the same nature as the ordinary work for which permanent posts exist in a cadre under a different Government or Department and (ii) sanctioned on a time-scale identical with the time-scale applicable to the permanent posts in the cadre under the different Government or Department.
NOTE 1.If the Government servant is entitled to overseas pay in the new post, but was not drawing overseas pay in the old post, the overseas pay in the new post shall not be taken into account in determining the stage in the time-scale of the new post to which he is entitled under clause (a).
NOTE 2.For the purposes of this rule sterling overseas pay shall be converted into rupees at 28.1/29/32d to the rupee or at such rate of exchange as the Central Government may hereafter fix for the purpose.
NOTE 3. When a Government servant is appointed to a higher post on the date on which his increment in the lower substantive post falls, due, his substantive pay for the purpose of fixing his initial pay in the higher post shall be inclusive of his increment accruing on that date.
NOTE 4. Government servant when appointed to a post substantively while officiating in is entitled to have his pay fixed a new under this rule with reference to his substantive, pay at the time in respect of his old permanent post.
NOTE 5. When the next increment in the time-scale of either the new or old post falls, the Government servant should draw the next increment in the time-scale of the new post, and forthwith lose the personal pay allowed under clause (0) (i) of this rule and all connections with the Time-scale of his old post. The personal pay is given to a Government servant only for the purpose of initial pay and not any Subsequent stage in the new lime-scale in which the Government servant might draw less pay than he would have drawn had he remained in the old time-scale.
NOTE 6. A time-scale may be of recent introduction, where as the cadre or class to which it is attached may have been in existence on a graded scale before the time-scale came into force or it may be that one time-scale has taken the place of another.
If a Government servant has held substantively, or officiated in, a post in the cadre or class prior to the introduction of new time-scale, and has drawn during the period salary or pay equal to a stage, or intermediate between two stages in the new time-scale, then the initial pay in the new time-scale may be fixed at the salary or pay last drawn and the period during which it was drawn may be counted for increment in the same stage, or if the salary or pay was intermediate between two stages, in the lower stage of that time-scale.
NOTE 7. Cases may arise in which a Government servant while officiating in a higher may take regular leave for a short period and thus revert to his substantive post in which during the leave an increment accrues to him which raises his substantive pay so as to equal the pay he was drawing in his officiating post. As under rule 4.14 officiating pay has to be fixed on each occasion of appointment to a higher post carrying greater responsibility, the Government servant on re-appointment to the higher post on return from leave is able to get the benefit of the next stage in the time-scale of that post, which be would not get if he continues in officiate without a break. The automatic, fixation in such cases of officiating pay at a rate higher than that drawn on a previous occasion, which the rule allows, is not justifiable, so in these cases the powers conferred by rule 8.16 or 4.16 can reasonably be exercised Customize.
instance, if the competent authority feels that a Government servant who in the normal course would continue to officiate in a higher post has applied for a short period of regular leave with the deliberate intention of getting the benefit of the increment accruing to him in his substantive scale of pay during the leave for the fixation of his pay in the officiating post on his re-appointment to it, it will be for the consideration of that authority whether the leave applied for should not be refused under rule &.16. 11,on the other hand, the effect of they have on the Government servants officiating pay on subsequent re- appointment to the higher post is not realized at the time, or the competent authority is satisfied that they have applied for is really necessary or even if a short break in officiating service occurs in the natural course of events, the power conferred by rule 4 16 to reduce officiating pay may quite reasonably be exercised so as to limit the officiating pay on re-appointment to the higher post to what the Government servant would have drawn had he continued to officiate without a break.
Note 8. NOTE &See also notes 3 and 4 under rule 4.6.
Note 9. Under rules 44 and 4.13 it is necessary for the purposes of fixing the initial pay of a Government servant transferred from one post to another on a different scale of pay in a substantive or officiating capacity, to determine the degree of responsibility attaching to the two posts. A declaration of relative degree of responsibility shall therefore be necessary and will be given by the competent authority. Such declarations will however, be necessary only in cases where there is some doubt as to the relative degree of responsibilities attaching to the two posts.
NOTE 10 . The intention underlying the restrictive sub-clause of the proviso to clause (b) of this rule is to prevent men who were given enhanced rates of pay when competition in the labor market was keen and qualified men scarce from carrying the inflated pay with them after those conditions had abated to any other posts to which they might be appointed. Accordingly this sub-clause applies even la the case of a temporary Government servant who is appointed to another temporary post Either on the abortion of his previous temporary pal of for other reasons. In the latter case, however, when the transfer has been made in the interest of Public Service the restriction in question may be relaxed by the authority competent to create the post.
The words “minimum of the scale” appearing “in the restrictive sub-clause of the proviso should be taken to mean the minimum of the previous post in which the advance increments were granted.
NOTE 11. It is permissible to post-date the substantive promotion of a Government servant to a higher post up to a date when it will be to his benefit to be promoted under the operation of this rule. This date may be selected at the option of the Government servant concerned, which must be exercised athin six months from the date of order making the promotion and when once exercised must be final. No compensation will be given for any consequences which may follow from the exercise of this option When the option has been exercised an entry should be made to this effect in the service book of the Government servant concerned and Attested by the head of the office.
These orders will apply to promotions in the same class of appointments and not to cases where there is a complete change in the nature of the appointment and they should be confined to departments or establishments divided into grades. NOTE 12 For so long as the promotion is deferred under the orders in paragraph (a) above, the place in the superior grade will remain vacant, but promotions can be made in the place of the Government servant who would have been promoted from the date the vacancy originally occurred as if the promotion had actually taken place on that date. All that would happen la an excess appointment in the lower grade against a vacancy left unfilled in the higher grade and this is permissible under rule 7.15 of the Punjab Financial Rules, Volume I.
4.5. The initial substantive pay of a Government servant who is appointed substantively to a post on a time-scale of pay which has been reduced for reasons other than a diminution in the duties or responsibilities attached to posts thereon and who is not entitled to draw pay on the time-scale as it stood prior to reduction, is regulated by rule 4.4 provided, in cases, other than cases of re-employment after resignation from the public service covered by clause (a) or clause(b), of that rule if ho either-
- has previously held substantively or officiated in
i. the same post prior to reduction of its time scale, or
ii. a permanent or temporary post on the same time scale as the un reduce time
scale of the post.
Here’s a simplified conclusion for the situation:
An employee was promoted to BS-17 (Superintendent) on February 1, 2014, and received an annual increment. They were later given an option to refix their salary on May 19, 2015. The salary refixation will be based on the promotion date and the option they chose in 2015. The key point is that their pay is being adjusted considering the promotion and the chosen refixation date.
In short, the salary will be recalculated to reflect both the promotion in 2014 and the new option exercised in 2015.
