RBE No. 84/1985: Fixation of Pay – On Promotion – Clarification

S.N.

Points of doubt

Clarification

1

Whether the option is to be exercised by employee on promotion or it is to be obtained by the Administration from the employee concerned.

In the order promoting the Railway servant it may be mentioned that he has to exercise the option within one month. On his promotion the pay should be first fixed under Rule 2018(B) (FR-22C) R-II and in case he exercises an option in terms of para 2(b) of letter dated 13.11.1981 within the prescribed period of one month, his pay should be fixed under Rule 2017(a)(i) [(FR-22(a)(i)] R-II, with effect from the date of his promotion and then under Rule 2018(B) (FR-22C) R-II only with effect from the date of accrual of next increment in the feeder post.

2

Whether the option may be allowed in all cases of appointment to higher post involving fixation of pay under Rule 2018(B) (FR-22C) R-II.

The option is to be allowed only in case of promotion to higher post in the normal line in a cadre/ department. The letter dated 13.11.1981 will not be applicable in cases of appointment by transfer on deputation and the like as also ex-cadre appointments. Cases where this has been incorrectly allowed should be reviewed and pay correctly re-fixed.

3

Whether the option is to be restricted only to cases of promotions where there is an impending anomaly on eventual promotion of junior person in due course in terms of Para 1 of letter dated 13.11.1981.

The option may be uniformly allowed in respect of all promotions affected on or after 01.05.1981, where the fixation of pay is to be made under Rule 2018(B) (FR-22C) R-II, irrespective of the fact whether there is an impending anomaly or not.

4

Whether the option may be allowed in case of ad-hoc promotions also.

No. The option is not admissible in respect of ad-hoc promotions. However, in cases where such a promotion is followed by regular appointment to a higher post without break, the option may be allowed as from the date of initial appointment to the higher post, to be obtained within one month from the date of such regular appointment.

5

Whether the option may be allowed in cases where the initial fixation of pay in the scale of higher post in the manner provided under Rule 2017(a)(i) [(FR-22(a)(i)] R-II and the one under Rule 2018(B) (FR-22C) R-II both happens to be the same.

Yes, the option may be allowed. (Past cases where option was not allowed, may be reopened and an option for pay fixation obtained from the employees concerned within a period of three months from the date of issue of this letter and their pay re-fixed, wherever necessary. Arrears of pay on account of such re-fixation of pay may also be allowed in such cases).

6

In cases of promotion from Class II post to Senior Scale Class-I posts in certain services, the method of pay fixation involves notional fixation in Class-I Junior Scale under Rule 2018(B) (FR-22C) R-II initially enroute fixation to Senior Scale. Can the option be allowed in such cases?

No. The fixation of pay under the concordance table laid down in Board’s letter No.PC-III/74/ROP/I/23, dated 26.11.1975 do not provide for re-fixation of pay in the senior scale from the date other than the date of actual promotion. The option under letter dated 13.11.1981 therefore cannot be allowed in such cases.

7

Weather fixation of pay under the fourth proviso to Rule 2018(B) (FR-22C) R-II will be permissible in cases where the pay fixation on promotion is regulated in terms of the second option as contained in Para 2(b) of letter dated 13.11.1981.

No. The protection of officiating pay drawn during earlier occasion available under the fourth proviso to Rule 2018(B) (FR-22C) R-II will not be applicable in cases regulated in terms of para 2(b) of letter dated 13.11.1981.