Fixation of Pay: RBE No.198/1991 – Amendment to IREC – R-II

No.F(E)II/89/FR-1/1, dated 12.12.1991

Sub: Amendment to Rules 1313 (FR-22), 1316 (FR-22C), 1325 (FR-30) and 1326 (FR-31).

1. In exercise of the powers conferred by proviso to Article 309 of the Constitution, the President is pleased to direct that Rules 1313 (FR-22), 1316 (FR-22C), 1325 (FR-30) & 1326 (FR-31) of the Indian Railway Establishment Code, Vol.II (Sixth Edition-1987) be amended/ deleted as in the advance copy of Correction Slips No.14 & 15 sent herewith.

2. These rules will not apply to ad-hoc promotions from Group ‘B’ to Group ‘A’ and ad-hoc promotions within Group ‘A’ for which separate orders issued by the Ministry of Railways will hold good.

3. In all matters, not specifically covered under these rules, Ministry of Railways orders/ President’s decisions issued from time to time as contained under erstwhile Rules 1313 & 1316 will continue to apply.

4. These rules shall come into force from the date of issue.

Indian Railway Establishment Code, Vol.II

(Sixth Edition-1987)

ADVANCE CORRECTION SLIP No.14

The existing Rule 1313 (FR-22) of the Indian Railway Establishment Code, Volume-II (Sixth Edition 1987) shall be substituted by the following:

Rule 1313 (FR-22) (I):

The initial pay of a Railway servant who is appointed to a post on a time scale of pay is regulated as follows:

(a)   (1) Where a Railway 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 fulfilment 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 of the higher post shall be fixed at the stage next above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued or rupees twenty-five only, whichever is more.

Save in cases of appointment on deputation to an ex-cadre post, or to a post on ad-hoc basis, the Railway 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 stage of the time scale of the new post above the pay in the lower grade or post from which he is promoted on regular basis, which may be refixed in accordance with this rule on the date of accrual of next increment in the scale of the pay of the lower grade or post. In cases where an ad-hoc promotion is followed by regular appointment without break, the option is admissible as from the date of initial appointment/ promotion, to be exercised within one month from the date of such regular appointment;

Provided that where a Railway servant is, immediately before his promotion or appointment on regular basis to a higher post, drawing pay at the maximum of the time scale of the lower post, his initial pay in the time scale of the higher post shall be fixed at the stage next above the pay notionally arrived at 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 time scale of the lower post or rupees twenty-five, whichever is more;

(2) When the appointment to the new post does not involve such assumption of duties and responsibilities or greater importance, he shall draw as initial pay, the stage of the time scale which is equal to his pay in respect of the old post held by him on regular basis, or, if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis;

Provided that where the minimum pay of the time scale of the new post is higher than his pay in respect of the post held by him regularly, he shall draw the minimum as the initial pay;

Provided further that in a case where pay is fixed at the same stage, he shall continue to draw that pay until such time as he would have received an increment in the time scale of the old post; in cases where pay is fixed at the higher stage, he shall get his next increment on completion of the period when an increment is earned in the time scale of the new post.

On appointment on regular basis to such a new post, other than to an ex-cadre post on deputation, the Railway servant shall have the option, to be exercised within one month from the date of such appointment, for fixation of his pay in the new post with effect from the date of appointment to the new post or with effect from the date of increment in the old post.

(3) When appointment to the new post is made on his own request under [Rule 227 (a) (2) – RI (F-15A) (2)] and the maximum pay in the time scale of that post is lower than his pay in respect of the old post held regularly, he shall draw that maximum as his initial pay.

(b)   If the conditions prescribed in clause (a) are not fulfilled, he shall draw as initial pay on the minimum of the time scale.

Provided that, both in cases covered by clause (a) and in cases, other than the cases of re-employment after resignation or removal or dismissal from the public service, covered by clause (b), if he;

(1) has previously held substantively or officiated in:-

(i) the same post, or

(ii) a permanent or temporary post on the same time scale; or

(iii) a permanent post ora temporary post (including a post in a body, incorporated or not, which is wholly or substantially owned or controlled by the Government) on an identical time scale; or

(2) is appointed subject to the fulfilment of eligibility conditions as prescribed in the relevant recuitment rules to a tenure post on a time scale identical with that of another tenure post which he has previously held on regular basis; then the initial pay shall not, except in cases of reversion to parent cadre, governed by proviso (1) (iii) be less than the pay, other than special pay, personal pay or any other emoluments which may be classed as pay by the President under [Rule 1303 (iii) – RII (FR-9 (21) (a) (iii)] which he drew on the last occasion, and he shall count the period during which any previous occasions for increment in the stage of the time scale equivalent to that pay. If, however, the pay last drawn by the Railway servant in a temporary post had been inflated by the grant of premature increments, the pay which he would have drawn but for the grant of these increments shall, unless otherwise ordered by the authority competent to create the new post, be taken for the purposes of this proviso to be the pay which he last drew in the temporary post which he had held on a regular basis. The service rendered in a post referred to in proviso (1) (iii) shall, on reversion to the parent cadre, count towards initial fixation of pay, to the extent and subject to the conditions indicated below:-

(a) The Railway servant should have been approved for appointment to the particular grade or post in which the previous service is to be counted;

(b) all his seniors, except those regarded as unfit for such appointment, were serving in posts carrying the scale of pay in which benefit is to be allowed or in the higher posts, whether in the Department itself or elsewhere and at least one junior was holding a post in that Department carrying the scale of pay in which the benefit is to be allowed; and

(c) the service will count from the date his junior is promoted on a regular basis and the benefit will be limited to the period the Railway servant would have held the post in his parent cadre had he not been appointed to the ex-cadre post.

Railway Board’s Orders:

(1) These rules will not apply to ad-hoc promotions from Group ‘B’ to Group ‘A’ and ad-hoc promotions within Group ‘A’ for which separate orders issued by Railway Board will hold good.

(2) Duties and responsibilities of greater importance for the purpose of Rule 1313 (FR. 22):-

(i) For the purpose of fixation of substantive pay (including presumptive pay) a junior scale post shall be deemed to carry duties and responsibilities of greater importance than those attached to Class II post (including the post of an Assistant Accounts Officer).

(This takes effect from 2nd July, 1959)

(ii) Appointments of the following classes shall be deemed to involve the assumption of duties and responsibilities of greater importance:-

(a) appointment to the Assistant Officer’s grade or Lower Gazetted Service from a non-gazetted post;

(b) appointmeit to the District Grade from an Assistant Officer’s or lower grade post;

(c) appointment to junior administrative post from the District or lower grade;

(d) appointment to a senior or inter-administrative post from a junior administrative post;

(e) appointment to a senior administrative post from an intemediate administrative post;

(f) appointment to a sonior administrative post in the erstwhile scale of Rs.1800-2250 from a senior administrative post in the scale of Rs.1800-2000 (RS).

(3) A temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on a different rate or pay is not the same post as the permanent post even though the duties ramain the same.

II.    The President may specify posts outside the ordinary line of service the holder of which may, notwithstanding the provisions of this rule and subject to such conditions as the President may prescribe, be given officiating promotion in the cadre of the service which the authority competent to order promotion may decide, and may thereupon be granted the same pay whether with or without any special pay attached to such posts as they would have received if still in the ordinary line.

III.   For the purpose of this rule, the appointment shall not be deemed to involve the assumption of duties and responsibilities of greater importance if the post to which it is made is on the same scale of pay as the post, other than a tenure post, which the Railway servant holds on a regular basis at the time of his promotion or appointment or on a scale of pay identical therewith.

IV.   Notwithstanding anything contained in this rule, where a Railway servant holding an ex-cadre post is promoted or appointed regularly to a post in his cadre, his pay in the cadre post will be fixed only with reference to his presumpive pay in the cadre post which he would have held but for his holding any ex-cadre post outside the ordinary line of service by virtue of which he becomes eligible for such promotion or appointment.

Indian Railway Establishment Code, Vol.II

(Sixth Edition-1987)

ADVANCE CORRECTION SLIP No.15

Rules 1316 (FR-22C), 1325 (FR-30) and 1326 (FR-31) shall be omitted.

[Authority: Railway Board’s letter No.F(E)II/89/FR-1/1, dated 12.12.1991]

Download Railway Board Circular RBE No.198/1991

Forward reference ⇒ dated 12.06.2023,