IREC Rule No.1316: [FR-22(C)] Fixation Of Pay On Promotion From One Substantive Post To Another Carrying Duties Of Greater Importance

1316. [FR-22(C)] Fixation Of Pay On Promotion From One Substantive Post To Another Carrying Duties Of Greater Importance:-

Deleted – Except President’s Decisions and Railway Board’s Orders.

[Authority: RBE No.198/1991, No.F(E)II/89/FR-1/1, 12.12.1991, ACS No.14] 

President’s Decisions: 

(1)   A question has been raised as to whether the provisions of Rule 1316 would be applicable even in cases of promotion to ex-cadre post

It is clarified that Rule 1316 shall be applicable in such cases also provided that railway servant is entitled to draw pay in the scale of pay attached to the higher ex-cadre post, in accordance with the terms of deputation or transfer sanctioned for him. Where, however, according to the terms of deputation or transfer railway servant is given his grade pay of the post held by him in his own cadre plus a deputation allowance or special pay at a fixed rate or related to such grade pay, the question of applying provisions of Rule 1316 shall not arise.

Similarly, in the case of a railway servant who draws pay in the scale of pay attached to an ex-cadre post if he reverts to his parent cadre, and is appointed in that cadre to a post higher than the ex-cadre post immediately held before reversion, his pay shall be fixed in accordance with Rule 1316 with reference to the pay drawn or admissible to him in the post in his cadre except that the benefit of service rendered upto 17.11.1966 in an ex-cadre post in an identical time scale of pay or in higher scale shall be given for pay fixation/increments in the post in the parent service / cadre to which the officers reverts to the extent admissible under orders in force prior to 18.11.1966. These cases also, the orders shall not be applicable if in the ex-cadre post, the railway servant has been allowed to draw pay on the basis of his pay in parent cadre and a deputation allowance or special pay.

[Authority: No.E(P&A)II/73/PP-3, 16.05.1973]

(2)   Whether the benefit of fixation of pay under Rule 1316 [FR-22(C)] can be given in the case of terms under ‘Next Below Rule’.

It is clarified that Rule 1316 [FR-22(C)] can be applied in fixing pay under ‘Next Below Rule’.

Under Rule 1316 certain points of doubt under the above order are clarified as under;

	Points Raised	Clarification
i	Whether It would be admissible to step up the pay of a senior railway servant in terms of Rule 1316 if the promotion of junior railway servant is in a lien / short term vacancy.	The benefit of stepping up of pay of seniors with reference to that of juniors can be given only in cases where the promotions of the senior and the junior are on a regular basis.
	[Authority: RBE No.225/1990, No.E(P&A)II/90/PP-2, 30.11.1990, ACS No.6 R-II]
ii	How the orders regarding stepping up of pay will be applied in cases where the pay of  a senior employee promoted earlier has been withheld or has been reduced to a lower stage in the time scale in the higher, post with or without cumulative effect.	In cases where the increment in the higher post has been withheld or where a railway servant’s pay is reduced to a lower stage in the time scale of the higher post without cumulative effect, the orders of stepping up will be applicable from the date of expiry of the penalty by which time a junior had already been promoted subject to the fulfillment of other conditions laid down therein. In the case of persons whose increment has been withheld or whose pay has been reduced to a lower stage of the time scale in the higher post with cumulative effect, the orders of stepping up shall not be applicable.
iii	Whether the orders of stepping up would apply to persons whose juniors pay in the lower post was inflated on account of the proviso to and exception below Rule 1313 (FR-22) having been allowed.	If as a result of application of the proviso to and the exception below Rule 1313 (FR-22) the pay of the junior is more than that of the senior in the lower post, there would be no question of stepping up the pay of the senior in the higher post. If despite the application of the proviso to and the exception below Rule 1313 (FR-22) the junior’s pay is less than that of the senior and on promotion the former’s pay happens to be greater than the pay of latter by virtue of the provisions of Rule 1316 [FR-22(C)], stepping up will have to be done with reference to the actual pay drawn by the junior in the higher post.
iv	Whether the orders of stepping up would be applicable to a railway servant in the lower post who is promoted to the higher post earlier than his senior due to high ranking given to him, if the senior in the lower post who is promoted later gets a higher pay.	No. The orders of stepping up are not applicable in cases where the junior employee in the lower grade is promoted earlier due to high ranking given to him by the Selection Board and the senior employee (in the lower grade) is promoted later.
v	In cases where the list of seniority in the lower post is maintained locally and in higher posts the same is maintained on all-railways basis, how the orders of stepping up will be made applicable?	According to the provisions of stepping up orders, both the junior and senior railway servants should belong to the same cadre. To illustrate, in a case where a senior employee of one seniority (promotion) group maintained locally is promoted earlier to a higher post on the basis of list of seniority which is maintained on all-railway basis, he can get his pay stepped up only with reference to the pay of a junior belonging to the same seniority group in the lower post which was maintained locally.
	[Authority: PC-65/PP-1, 18.09.1965 & No.PC-60/PP-1, 19.03.1966]
vi	How the pay of a railway servant fixed under this Rule on promotion to a higher post should be regulated when a junior to him in the lower post is promoted to the same higher post after earning increments in the lower post and thereby getting his pay in the higher post fixed at a stage higher than that of the senior railway servant.	In order to remove anomaly, the railway servant may be given an option for fixation of his pay on promotion as under; (a) Either his initial pay may be fixed in the higher post on the basis of Rule 1316 [FR-22(C)] straightaway without any further review on accrual of increment in the pay scale of the lower post; or (b) His pay on promotion may be fixed initially in the manner as provided under Rule 1313 [FR-22(A)(1)] which may be re-fixed on the basis of the provisions of Rule 1316 [(FR-22(C)] on the date of accrual of next increment in the scale of pay of the lower post. If the pay is fixed under (b) above, the next date of increment will fall due on completion of 12 months qualifying service from the date the pay is re-fixed on the second occasion. Option may be given within one month of the date of the promotion. Option once exercised shall be final. This is applicable to promotions effected on or after 01.05.1981.
	[Authority: No.E(P&A)II-81/PP-4, 13.11.1981]

(4)   Whether the increase by one increment in the lower scale as contemplated in Rule 1316 should be given as a matter of course while fixing the pay in the higher post or that an order of the competent authority allowing the railway servant to cross the efficiency bar in the lower scale if involved should be required before fixing pay in the higher post.

It has been decided that no orders of passing the efficiency bar in the lower scale are necessary for the purpose of fixing the pay in the higher post.

[Authority: No.PC-60/PP/1, 01.01.1962]

(5)  In Regard To Re-Fixation Of Pay On Confirmation In A Post After Introduction Of Rule 1316 [FR-22(C)]:

(i)  A question has been raised as to how the pay on substantive appointment to a post should be regulated after introduction of Rule 1316 [FR-22(C)].

It has been decided that as in the case of railway servants who are governed by Rule1313 (FR-22) and whose officiating pay has been fixed under Rule 1326 (FR-31) read with Rule 1313 (FR-22), confirmation is an occasion for re-fixation of pay. Their pay on confirmation should be re-fixed but this re-fixation shall be under the Rules applicable to the railway servant but for introduction of Rule 1316 [FR-22(C). However, if any junior promoted after 01.04.1961 gets pay more than his seniors, the seniors will be entitled to the benefit of stepping up of their pay if the same is advantageous to them.

(ii) It is further clarified that on the introduction of Rule 1316 [FR-22(C)] with effect from 01.04.1961, confirmation is not an occasion for re-fixation of pay if pay had once been fixed under that rule.

[Authority: No.PC-60/PP-1, 27.06.1966]

(6)   The position in regard to application of Rule 1316 [FR-22(C)] – In cases of railway servants who are appointed to higher posts with the approval of Union Public service Commission and in whose case the Commission have made a specific recommendation regarding the initial pay is that in a case where the Union Public Service Commission recommend a specific rate of pay to be given to the railway servants, the person concerned should be eligible for that rate of pay. However, if on the contrary the Commission recommends that the pay should be fixed under the normal rules then the pay may be fixed under Rule 1316 [FR-22(C)] subject, of course to the condition that the post is higher than the post previously held by the employee.

In order to enable the Accounts / Audit authorities to see that the pay has been fixed in accordance with the above, in all cases of appointment of Government / railway servants to other posts through Union Public Service Commission / Railway Recruitment Board, re-commendation of the Commission in the matter of pay i.e. whether it is a specific rate of pay or pay to be fixed under the Normal Rules, as the case may be, should invariably be indicated in the order or notification appointing the employee concerned to the railway post.

[Authority: No.PC-64/PP-4, 07.09.1966]

(7)   Reference Para 3 of President’s Decision No.1 under Rule 1316 [FR-22(C)] – A point has been raised as to how the pay of a person reverting from an ex-cadre post to an identical / equivalent cadre post in the parent department is to be fixed.

It has been decided that where a person goes from post ‘A’ in his parent department to a post ‘B elsewhere and reverts to post ‘C’ in his parent department and post ‘C’ is higher than post ‘A’ but not higher than post ‘B’, the pay in the post ‘C’ should be fixed under Rule 1316 [FR-22(C)] with reference to pay in post ‘A’ However, the service rendered against post ‘B’ up to 17.11.1966 shall be taken into account in fixing the pay against post ‘C’, if this is more advantageous to the railway servant.

(8)   Application of Rule 1316 [FR-22(C)] to State Government servants on appointment to higher posts under the Administrative Control of the Railway Board.

A question has been raised as to whether Rule 1316 [FR-22(C)] is applicable to State Government servants on appointment to higher posts under the Government of India and whether for purpose of fixation of pay of state Government servants on appointment under the Government of India, the Dearness Allowance admissible under the State government may be included in basic Pay.

It has been decided that;

(i)  When a State Government servant is appointed to a railway post which carries duties or responsibilities of greater importance than those attaching to the post held by him under the State Government, the initial pay of the official in the railway post shall be fixed under Rule 1316 [FR-22(C)] at the stage next above the pay of the post of State Government as arrived at under (ii) below.

(ii) The Pay of the post in the State Government shall first be increased by one increment and Dearness Allowance if any admissible under the State Government which shall be treated as basic pay for the purpose of fixation of pay in the railway post shall be added there-to subject to the following conditions;

(a)   The maximum amount of Dearness Allowance to be taken into account will be Rs.100 or the actual amount of Dearness Allowance that will be taken into account by the State Government concerned for fixation of pay in their revised scales, if revision has taken place, whichever is less.

(b)   From the basic pay so arrived at, the dearness Allowance at the revised rates admissible according to the Railway Rules should be deducted.

Note:

(1) For assessing the relative degrees of responsibility of the posts under the state Government and those under the railway Board, all relevant factors including the duties attached to the post, will be taken into consideration.

(2) However when a State Government servant drawing pay in the revised scale (after merging of dearness Allowance) under the State Government is appointed to a post on the railways and the post carries duties or responsibilities of greater importance than those attaching to the post held by him under the state Government, the initial pay of the official in the railway post should be fixed under Rule 1316 [FR-22(C)] with reference to his basic pay only and the provisions contained in para (ii)(a) and (b) will not apply in such cases.

[Authority: No.PC-64/PP/4, 21.04.1964 and No.PC-66/PP/9, 02.12.1966]

(9)(i) By a strict application of the above rule, it may happen that a railway servant promoted or appointed to a higher post on or after 01.04.1961 may draw a lower rate of pay in that post than another railway servant, junior to him in the lower grade and promoted or appointed subsequently to another identical post.

(ii) In order to remove this anomaly it has been decided that in such cases the pay of the senior employee in the higher post should be stepped up to a figure equal to the pay as fixed for the junior employee in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior employee and will be subject to the following conditions namely;

(a)   Both the junior and senior employees 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 they are entitled to draw pay should be identical; and

(c)   The anomaly should be directly as a result of the application of Rule 1316 [FR-22(C)]. For example, if even in the lower post the junior employee draws from time to time a higher rate of pay than the senior by virtue of fixation of pay under the normal rules, say due to grant of advance increments or due to accelerated promotion, etc. the provisions contained in this letter will not be invoked to step up the pay of the senior employee.

(iii) The orders re-fixing the pay of the senior employees in accordance with the provisions of this letter shall be issued under Rule 1321 [FR-27].

The next increment of the senior employee will be drawn on completion of the requisite qualifying service with effect from the date of re-fixation of pay.

Note: These provisions are also applicable to cases where a senior Railway servant promoted to a higher post before 01.01.1973 draws less pay in the revised scales promulgated on the recommendations of the 3^rd Pay Commission when his junior promoted to that higher post after 01.01.1973 provided the scales of the lower and higher posts in question, both revised and unrevised, are identical. The benefit of stepping up is admissible only if the promotions are on regular basis.

[Authority: RBE No.225/1990, No.E(P&A)II/90/PP-2, 30.11.1990, ACS No.7 R-II]

(iv)   These orders take effect from 02.02.1966. Cases of seniors drawing less pay than juniors in respect of promotions occurring on or after 01.04.1961 may also be regulated under these orders but the actual benefit would be admissible from 02.02.1966.

(10) The benefit of stepping up of pay under President’s Decision above, should also be allowed to such of the seniors as are confirmed in the higher grade before the junior is promoted to the higher grade. In such cases the conditions for the eligibility to the benefit of stepping up of pay, viz, conditions (a) and (c) of para 2 Decision No.4 should be determined with reference to the date on which the senior employee was promoted to the higher post but the quantum of stepping up of pay will depend on the pay admissible to the junior man on the date of his promotion to the higher post.

[Authority: No.PC-60/PP/1, 22.07.1966]

(11) Benefit of pay admissible in an intermediary higher post which would have been held by a railway servant but for his promotion to still higher post. The point whether after introduction of rule 1316 [FR-22(C)] a railway servant, who, while holding a post is appointed to officiate in a higher post, can be allowed protection of officiating pay of an intermediary post to which he would have been appointed in an officiating capacity but for his officiating pay of the intermediary post happens to be higher than the officiating pay admissible in the higher post, has been considered and it has been decided that:

(i)    The pay that the railway servant would have got from time to time in the intermediary post but for his appointment in the higher post shall be protected by grant of personal pay, from the date his next (eligible), junior in the relevant seniority (promotion) group is promoted to the intermediary post. The pay in the higher post will not be re-fixed under Rule 1316 [FR22(C)] with reference to the proforma pay in the intermediate grade.

(ii)    In case any junior is promoted to the higher post after first getting promotion in the intermediary post, the senior directly promoted to the higher post, will be entitled to the benefit of stepping up if due, in terms of President’s Decision No.3 above.

[Authority: No.PC-64/PP/5, 05.01.1967 and, 08.03.1968]

Railway Board’s Orders:-

A point has been raised as to how the pay of a railway servant who happens to be promoted to two different post carrying higher responsibilities on the same date should be regulated after the introduction of Rule 1316 [FR-22(C)] with effect from 01.04.1961.

(i)  He should be deemed to have been promoted first to the lower post and pay fixed under Rule 1316 [FR-22(C)] R-II provided it is certified that he would have held this post for a period not less than 22 days but for his promotion to the higher post.

(ii)    He should subsequently be promoted to higher post and pay fixed under Rule 1316 [FR-22(C)] R-II with reference to the pay arrived at in (i) above.

[Authority: No.PC-57/PP/13, 27.07.1967]