Refresh Rulings ( Published on 28/03/2012)

1.     Pay & Allied Issues

1.      What are all the conditions for claiming stepping up of Pay with juniors?

Ø  (i) Both senior and junior must be in the same cadre in identical pay scales and also in the same recruiting unit.

(ii) Posts to which they are promoted must also be identical and same.

(iii) At the time of promotion, senior must be getting equal or more pay than junior.

(iv) Anomaly should be direct result of application of FR 22 (c) or any pay fixation rules.

2.      How option can be made for pay fixation on date of promotion which will be advantageous?

Ø  As per the revised pay rules, if the promotion is in between 2^nd July to 31^st December, his next increment will be from 1^st July of the same year. If the promotion is accorded in between 1^st Jan to 30^th June in a year, his increment will be drawn only in the next year. So, one has to carefully study before making option for pay fixation at the time of promotion.

3.      What is the restriction under FR 35 for officiating pay when a Government is ordered to work in higher posts?

Ø  As per DOPT OM No. F/1/4/2009 - Estt (pay I) dt. 08.03.2010, for employees receiving pay in the pay band up to Rs.14880 PM (our cases), 15% of the basic pay subject to a maximum of Rs. 2000/- PM (including the difference of grade pay between the feeder and the promotional post). The annual increment @ 3% of the basic pay so fixed shall be granted.

4.      What are all the cases which will not construe under the pay anomalies?

Ø   (i) Senior getting less pay in lower post due to postponement of date of next increment on account of his proceeding on extraordinary leave.

(ii) Senior refusing promotion leading to early promotion of the junior and later promotion of the senior.

(iii) Junior getting higher pay in lower post due to adhoc arrangements.

(iv) Senior joining higher post later and getting lower pay.

(v)  Senior appointed to lower post later than the junior but getting promoted earlier than the junior.

(vi) Senior direct recruits getting less pay than the junior promotees whose pay is fixed with reference to pay last drawn.

(vii)Junior getting more pay due to additional increments earned on acquiring higher qualifications.

(DOP&T OM No. 4/7/92 – Estt (Pay I) dt. 04.11.93)

5.      Whether stepping up of pay can be allowed second time with another official?

Ø  As per DOPT order dated 22.07.1985, the benefit of stepping up of pay can be allowed to senior official second time, provided the anomaly has arisen with reference to the pay of the same junior, with reference to whom the pay of the senior was stepped up first time. As such there is no provision to step up with another person directly.

Courtesy : http://aipeup3tn.blogspot.in/