IT Correspondent
Mumbai, Aug. 13:
New Delhi, Mumbai: The Department of Personnel and Training of the Union Ministry of Personnel, Public Grievances and Pensions has issued an Office Memorandum (OM) regarding the protection of pay to the central government employee consequent to appointment to a new post in different service or cadre in Central Government, through direct recruitment where either higher duties and responsibilities are involved or not, as the case may be, under FR 22-B(1), in the 7th Central Pay Commission (CPC) Scenario.
The pay protection under FR 22-B(1) will be available to the Government servant if he holds a lien on his previous permanent post. No stepping up of pay of senior government employee shall be allowed on the basis of the pay protection granted under FR 22-B(1) to junior Government employee of that particular service/cadre.
The OM stated that consequent upon the implementation of 7th CPC Report and CCS (RP) Rules, 2016, the President of India 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 a 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. This order takes effect from Jan 1, 2016.
The OM stated 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 employee 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.
The provisions of FR 22-B(1) provides – “Notwithstanding anything contained in these Rules, the following provisions shall govern the pay of a government employee 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 employee shall be fixed in the time-scale of the service or post in accordance with the provisions of Rule 22 or Rule 22-C, as the case may be.
The protection of pay will be in the manner as below:
Manner of fixation of pay of government servant under FR 22-b(1) consequent to his appointment in lower post through direct recruitment, where higher duties and responsibilities are not involved: A Central Government Employee on his appointment to a post in lower Level in different service or cadre in Central Government which does not carry duties and responsibilities of greater importance than those attached to the post held earlier by him on regular basis before such appointment and having a provision of probation period in new post, may during probation draw the presumptive pay of the post held earlier by him on regular basis, if it is higher than the minimum of the Time Scale of the new post. He would also draw annual increments on such presumptive pay.
However, it is to be ensured that during probation, presumptive pay should always be greater than the pay of the new post after drawl of increment(s). Subsequently, on successful completion of his probation, his pay will be fixed under FR 22(l) (a)(2). Protection of Pay in the above manner should not, at any of these stages, exceed the maximum of the Level of the new post in Pay Matrix.
