Pay Protection Rules in 7th Pay Commission

Pay Protection Rules in 7th Pay Commission

Stepping up of pay is one of the pay protection rule for Central Governmet employees. In case of a junior gets higher pay than a senior, the stepping up of pay rule will be adopted as per the existing pay revied rules. The 7th Pay Commission described certain conditions in its report as follows:

7. Fixation of Pay in the Revised Pay Structure

(i) In cases where a senior Government servant promoted to a higher post before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of January, 2016, the pay of senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such stepping up shall be done with effect from the date of promotion of the junior Government servant subject to the fulfilment of the following conditions, namely:-

(a) both the junior and the senior Government servants belong to the same cadre and the posts in which they have been promoted are identical in the same cadre;

(b) the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay are identical;

(c) the senior Government servants at the time of promotion are drawing equal or more pay than the junior;

(d) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22 or any other rule or order regulating pay fixation on such promotion in the revised pay structure:

Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub rule shall not be invoked to step up the pay of the senior officer.

(ii) The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Fundamental Rule 27 and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.

DoPT Order on Stepping up of Pay

An important order issued by the DoPT on 4th November 1993 regarding the Stepping up of pay:

No.4/7/92-Estt.(Pay-I)
GOVERNMENT OF INDIA,
DEPARTMENT CF PERSONNEL & TRAINING

New Delhi the 4-11-1993

OFFICE MEMORANDUM

Subject : Stepping up of Pay

Cases for stepping up of the Pay of Seniors in a pay scale to that of Juniors are generally considered if the following conditions are satisfied : –

(a) both the junior and senior officer should belong to the same cadre and the posts in which they- have been promoted or appointed should be identical and in the same cadre ;

(b) the scales of pay of the lower and higher posts in which the junior and senior officer are entitled to draw pay should be identical;

(c) the anomaly should be directly as a result of the application of FR 22-C. For example, if even in the lower post the junior officer draws from time to time a higher rate of pay than the senior by virtue of grant of advance increments or on any other account the above provisions will not be involved to step up the pay of senior officer.’

Instances have come to the notice of this Department requesting for stepping up of pay due to the following reasons :-
a) where a senior proceeds on Extra Ordinary Leave which results in postponement of Date of next Increment in the lower post, consequently he starts drawing less pay than his junior in the lower grade itself. He, therefore, cannot claim pay parity on promotion even though he may be promoted earlier to the higher grade;

(b) If a senior foregoes/refuses promotion leading to his junior being promoted/appointed to the higher post earlier, junior draws higher pay than the senior. The senior may be on deputation while junior avails of the ad-hoc promotion in the cadre. The increased pay drawn by a junior either due to ad-hoc promotion in the cadre. The increased pay drawn by a junior either, due to ad-hoc officiating/ regular service rendered in the higher posts. for periods earlier than the senior, cannot therefore, be as anomaly in strict sense of the term

(c) If a senior joins the higher post later than the Junior for whatsoever reasons, whereby he draws less pay than the junior, in such cases senior cannot claim stepping up of pay at par with the Junior.

(d) If a senior is appointed later than the Junior in the lower post itself whereby he is in receipt of lesser pay than the junior, in such cases also the senior cannot claim pay parity in the higher post though he may have been promoted earlier to the higher post.

(e) Where a person is promoted from lower to a higher post his pay is fixed with reference to the pay drawn by him in the lower under FR 22-C and he is likely to get more pay than a direct appointee. For example a UDC on promotion to the post of Assistant gets his pay fixed under FR 22-C with reference to the pay drawn in the post of UDC , whereas the pay of Assistant (DR) is fixed normally at the minimum under FR 22-B(2). In such cases the senior direct recruit cannot claim pay parity with the Junior promoted from a lower post to higher post as seniority alone is not a criteria for allowing stepping up.

(f) Where a Junior gets more pay due to additional increments earned on higher qualifications

3. In the instances referred to in paragraph 2 above , a junior drawing more pay than the senior will not constitute an anomaly. In such cases, stepping up of pay will not , therefore , be admissible.

4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the comptroller and Audit general of India.

5. Hindi version will follow

(Mrs. Revathy Iyer)
Deputy Secretary to the Govt of India

Dopt orders on Stepping up of Pay