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Amendment in FR 22(I)(a)(1) – DoPT Orders dt. 19.11.2018

December 6, 2018 admin 13 Comments

Amendment in FR 22(I)(a)(1) – DoPT Orders dt. 19.11.2018

The Fundamental (Amendment) Rules, 2018 – Amendment in FR 22(I)(a)(1)-reg.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 19th November, 2018

G.S.R.370.— In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Fundamental Rules. 1922, namely:-

  1. (1) These rules maybe called the Fundamental (Amendment) Rules, 2018.
    (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rules. 1922, in rule 22. in sub-rule (1), in clause (a). for sub-clause (I). the following sub clause shall be substituted, namely:-

“(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 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 in 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.”

[F.No. 13/1/20 17-Estt.(Pay-t)J
RAJEEV BAHREE, Under Secy.

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Filed Under: Dopt Orders, Dopt Orders 2018

Comments

  1. Anand yogi says

    December 24, 2021 at 6:19 pm

    If I take technical resignation from 4600 grade pay job and joins 4200 grade pay job then what effect will be on my salary….
    Is there any pay protection in this particular case?

    Reply
    • M.K.KUMAR says

      December 25, 2021 at 9:35 am

      From the 6th CPC there’s no pay scales for the post/designation. It depends upon the accepting the authority and also the reasons of technical resignation.

      Reply
  2. RAVI KUMAR says

    October 8, 2020 at 7:41 pm

    /I have been granted Non Functional Upgradation to PB2 5400 GP from PL8 to PL9 w.e.f. 30 May 20. My basic pay is Rs.76500 in PL8 with DNI 1-7=20.

    How & where will my PAY gets fixed at ?

    Reply
    • M.K.KUMAR says

      October 9, 2020 at 11:25 am

      Since 1-7-20 as 78,800 & January option is good than from 1-1-2021 as rs. 81,200 in level 8 DNI 1-1-2022 as rs.82,600 in level 9.

      Reply
  3. P K Satapathy says

    October 5, 2020 at 2:06 pm

    I got promoted on 4.4.2018 from level 11 to level 12 and my basic pay was 80900 will my date of next increment change

    Reply
    • M.K.KUMAR says

      October 6, 2020 at 10:58 am

      Opinion January increment is good. So your basic pay as on 1-7-18 as 83,300 in Level 11 and from 1-1-2019 as 83600 in level 12.

      Reply
      • P. K. SATAPATHY says

        October 7, 2020 at 3:06 pm

        But in case of my pay fixation on 1.7.2018 the basic pay will be 86100 and in this case will be date of next increment change to 1.1.2019

        Reply
        • M.K.KUMAR says

          October 8, 2020 at 12:50 pm

          There’s no pay of 86100 in stage Level 11.

          Reply
  4. Pravin says

    January 26, 2019 at 9:36 pm

    I have joined new post in central govt.at level 8 with higher responsibility by technical resigning and having lein at ex cadre permanent post in level 7 on 01.03.2018. now probation for 01 year. How will be my pay fixation and annual increment. Please illustrate. Whether this notification will be applicable

    Reply
    • M.K.Kumar says

      January 28, 2019 at 5:30 pm

      If you have applied through proper channel your basic pay & service will be protected. Increment will be given on completion of first year in July.

      Reply
      • Pravin says

        January 30, 2019 at 8:12 pm

        Thank you sir for prompt reply. Yes sir I HV applied through proper channel,, having lein on previous post. Whether my pay will be fixed after completion of probation as per fr 22 b ( 01 Increament) and annual Increament in July 18. As per new dopt order ( amendment in fr 22 1a1. option choice is available or not. Please explain.

        Reply
        • M.K.Kumar says

          January 31, 2019 at 11:15 am

          No, this option is not for you, since you have got next higher level of matrix with previous basic pay. The options are for got lower basic pay comparing to senior to his retiring stage and also those who are getting upgradrations of MACP due to completion of six months for increment option January/July. i.e. since your basic pay (new recruit) is higher than your senior affected less pay i & in retiring stage due to your appointment he will be benefited equal to your pay.

          Reply
  5. B.P.Verma says

    December 20, 2018 at 10:34 am

    Please provide the procedure of pay fixation on promotion as per 7th CPC as latest amendment .

    Reply

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