Fixation of Pay: RBE No.138/2007 – On Promotion

No.E(P&A)II-2007 PP-12, dated 31.10.2007

Sub: Option for fixation of pay on promotion from the date of increment in the lower post.

1.     Attention is invited to this Ministry’s letter No.E(P&A)II/81/PP-4, dated 13.11.1981 and 16.01.1985 (RBE No.17/1985) where in instructions regarding option for fixation of pay on promotion and incorporating the option clause in the promotion order were issued. This Ministry is still receiving cases for condoning the delay in exercising option for pay fixation on the grounds that there was no option clause in the promotion order.

2.     (a) Fixation of pay on promotion to a post carrying duties and responsibilities of greater importance is governed by the provisions under Rule 1313(1)(a)(1) [FR 22(1)(a)(1)(1)]-R-II (Sixth Edition – 1987) Second Reprint Edition 2005, and where the appointment to the new post does not involve assumption of duties and responsibilities of greater importance by Rule 1313(1)(a)(2) [FR 22(1)(a)(2)] – R-II (Sixth Edition – 1987)/ Second Reprint Edition 2005.

(b) The saving clause of Rule 1313 [FR 22(1)(a)(1)] – R-II (Sixth Edition-1987) Second Reprint Edition 2005, lays down that except 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 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 re-fixed in accordance with this rule on the date of accrual of next increment in the scale of 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.

(c) Under Rule 1313 [FR 22(1)(a)(2) – R-II (Sixth Edition – 1987)/ Second Reprint Edition 2005, also there is a provision that on appointment on regular basis to such new post, other than 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 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.     It is reiterated that in order to enable the officials to exercise the option within the time limit prescribed, the option clause should invariably be incorporated in the promotion/ appointment order so that there are no cases of delay in exercising the options due to administrative lapse.

4.     Whenever any instances of non-incorporation of the option clause in the promotion/ appointment order are noticed, responsibility must be fixed and the concerned official(s) taken up under the Railway Servants (Discipline and Appeals) Rules.

5.     It is, therefore, requested that these instructions may please be brought to the notice of all concerned for guidance and strict compliance.

6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Download Railway Board Circular RBE No.138/2007

Forward reference ⇒ RBE No.