F.R. 22-B

Fixation of pay on promotion/appointment to a higher post after introduction of FR 22-B.

(i) In order to remove the anomaly of a Government servant promoted or appointed to a higher post on or after the enforcement of Rule 22-B, and drawing a lower rate of pay in that post, than another Government servant junior to him in the lower grade and promoted or appointed subsequently to another identical post it has been decided that in such cases the pay of the senior officer in the higher post should be stepped upto a figure equal to the pay as fixed for the junior officer in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior officer and will be subject to the following conditions, namely :

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

(c) The anomaly should be directly as a result of the application of Fundamental Rule 22-B. 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 etc., the above provision will not be invoked to step up the pay of the senior officer.

The orders refixing the pay of the senior officers in accordance with the above provisions shall be issued under Fundamental Rule 27. The next increment of the senior officer will be drawn on completion of the requisite qualifying service with effect from the date of refixation of pay.

(ii) In some cases the pay of a junior person promoted to a higher post after accrual of his increment in the lower post will be higher than his senior promoted before accrual of his increment. It is, therefore ordered that in case of promotion, option may be given to Government servants for fixation of pay on promotion as under :

(a) either his initial pay may be fixed in the higher post on the basis of Fundamental Rule 22-B, straightway 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 Fundamental Rule 22(a)(i) which may be refixed on the basis of the provisions of Fundamental Rule 22-B on the date of accrual of the next increment in the scale of the 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 fixed on the second occasion.

Option may be given within one month of the date of promotion. Option once exercised shall be final. (Please see the below given Notification).

[Provided that if the employee does not exercise his option, in writing, within the stipulated time of one month from the date of promotion, the competent authority (Drawing Officer/Head of the Office, etc.) shall fix the pay by adopting the method which may be most beneficial to the employee as per rules in force.]

(G.O.Ms.No. 145, Fin. (FR-II), Dt. 19-5-2009]

This amendment shall take effect from the date of issue. The cases already settled need not be reopened. The change will only be prospective and cases under litigation will not be covered.

Order :—Employees who were promoted to higher post on and after 25-12-1982 to 22-8-1983 are allowed time upto 31-1-84 to exercise option if they have not done so till now to revise the option, if already exercised. If the employees do not avail of this opportunity their pay may be fixed with ref. to F.R. 22-B with effect from the date of promotion or in accordance with the option if any already exercised.

Ref. :— Letter No. PAO/Admn. II/Unit I/85-86/364, Dt. 15-3-1986 of Pay and Accounts Officer, Hyderabad.

Order :—With reference to his letter cited, Pay and Accounts Officer, Hyderabad is informed that the Pay will be fixed under F.R. 22(a)(i) when a Government Servant appointed to a new post involves assumption of duties or responsibilities of greater importance than those attaching to such permanent post till 24-12-1982. F.R. 22-B is introduced in G.O. Ms. No. 239, Finance & Planning (F.R. II) Department, dated 23-8-1983, and the provisions of this rule come into force on 25-12-1982 as per the amendment issued in G.O. Ms. No. 332, Finance & Planning (F.R. II) Department, dated 13-12-1983 with monetary benefit from 23-8-1983.

According to the proviso to F.R. 22, there is no objection to fix the pay (i.e., initial fixation) again under F.R. 22-B on repromotion to a particular post, if the pay so fixed is advantageous i.e., if it is more than the pay last drawn in that post on the previous occasion.

(G.O.Ms. No. 190, Fin. & Plg. (FW-FR.II) Dept., Dt. 24-8-1999)

Ref. :- 1. G.O.Ms. No. 27, Fin. & Plg. (FW-FR.II) Dept., Dt. 17-1-1978.

G.O.Ms. No. 341, Fin. & Plg. (FW-FR.II) Dept., Dt. 27-12-1996. G.O.Ms. No. 108, Fin. & Plg. (FW-FR.II) Dept., Dt. 16-07-1997.

G.O.Ms. No. 165, Fin. & Plg. (FW-FR.II) Dept., Dt. 28-9-1997.

Order :—In the G.O. 1st read above, orders were issued for protection of Special Pay sanctioned to the Typists and Steno-Typists, Selection Grade Stenos and P.A to Secretaries with reference to the qualifications in Typewriting and Stenography as Basic Pay for the purpose of fixation of pay on promotion to higher posts which does not carry Special Pay. Accordingly the pay in the higher post have been fixed meeting the sum total of Pay and Special Pay as Basic Pay and that the pay in the higher post has been fixed at the higher stage in accordance with the notional rules. On a further examination, the Government have issued orders in G.O. 2nd read above, cancelling the orders issued in the reference 1st read above, on the ground that there is no similar provision in respect of employees of Government of India and other employees of the State Government.

Consequent on the representation of A. P. Secretariat Association, the orders cancelling the G.O. Ms. No. 27, Finance & Planning (FW-FR.II) Department dated 7-1-1978 were kept in abeyance in the G.O. 3rd read above. On a further review, Government have cancelled the orders issued in the reference 3rd read above in the G.O. 4th read above. Consequently the orders issued in the G.O. 1st read above have become inoperative from 27-12-1996.

Aggrieved by the decision of the Government in cancelling the orders issued in G.O. 1st read above, the A. P. Secretariat Association and the A. P. State Typists and Stenographers' Association have represented to the Government to revive the orders issued in G.O. 1st read above on the ground that it is causing hardship to the employees concerned. They have also stated that the Special Pays to Typists and Stenographers in the State with reference to the qualifications is different-from the Special Pay attached to posts in some other cadres. It was further represented that comparison with the Typists and Stenographers in Government of India is not appropriate since Government of India did not prescribe any additional qualification for appointment of Typists and Stenographers but they have to pass recruitment test, and that decision of the Government in withdrawing the benefit of protection of Special Pay is causing hardship to the cadre. They have accordingly requested the Government to revive the orders in G.O. 1st read above with effect from 27-12-1996 i.e., from the date of issue of orders in G.O. Ms. No. 341, Finance & Planning (FW- FR.II) Department dated 27-12-1996.

In the circumstances stated above and keeping in view of the representations made by the A. P. Secretariat Association and A. P. State Typists & Stenographers' Association, Government after careful examination of the matter, hereby order that the order issued in G.O.Ms.No.27, Finance & Planning (FW-FR.II) Department dated the, 17th January, 1978 shall be revived with effect from the 27th December, 1996.

The above orders are however, applicable only to those persons who are already in service and whose services have been regularised and shall not apply to the future recruits who are appointed subsequent to the issue of these orders.

All Departments of Secretariat are requested to take action accordingly. (Memo. No. 771/Ser.III.1/97-13, Education (SE.Ser.III) Department, Dt. 4-12-1999)

(G.O.Ms.No. 319, Irrigation & CAD (CAD.SER.I) Department, Dt. 24-09-1998)

Ref. :-1. G.O.Ms.No. 123, I&P (Ser.IV) Department, dated 27-02-1978.

G.O.Ms.No. 238, I&CAD (SER.VI) Department, dated 7-8-1995.

Order : —The Employees Associations/Unions have put forth a demand to protect the pay of Work Inspectors on their appointment to the posts of Draughtsman Grade III. The Engineer-in-Chief (Irrigation Wing) in his letter read above has informed that the Government in the G.O. first read above issued orders amending Special Rules for Andhra Pradesh Engineering Subordinate Services making a provision for appointment of Workcharged establishment as Draughtsman Grade III by recruitment by transfer. But the G.O. is silent about the protection of pay to the Workcharged establishment consequent on appointment as Draughtsman Grade III.

Orders were issued in the G.O. second read above, protecting the last pay drawn by the Workcharged Employees who have completed 10 years of service and opted to Government service as per fundamental rules. Though the G.O. is not specific about the protection of pay of the Workcharged Establishment who have been recruited by transfer as Draughtsman Grade III, it is implied that their pay may be protected as per Fundamental Rules. But, the last pay drawn by the Workcharged employees who have not completed 10 years of service is not protected on appointment as Draughtsman Grade III.

The Engineer-in-Chief (Irrigation Wing) has requested the Government to protect the last pay drawn by the Work Inspectors in Workcharged Establishment on appointment to Draughtsman Grade III in cases where the workcharged employee has not completed 10 years service in Workcharged Establishment before their appointment to Draughtsman Grade III.

Government after careful examination of the matter hereby order that the last pay drawn by the Work Inspectors in Workcharged Establishment on appointment to Draughtsman Grade III, in respect of the workcharged employees who have not completed 10 years of workcharged service before their appointment to Draughtsman Grade III shall be protected as per FRs.

(Cir. Memo. No. 5476-A/137/FR.II/07, Finance (FR-II), dated 12-03-2007)

Order : —It is noticed that certain cases files are being received from the Departments of Secretariat, regarding stepping up of pay on par with the junior after retirement of the Government servants. In some cases, the representations are filed for stepping up of pay relating to the initial category post in which the employee was appointed 20 to 25 years ago.

The situation of senior Government servant drawing less pay than the pay of his junior arises due to application of Automatic Advancement Scheme (AAS) and also introduction of the new Rule of FR 22-B. In these cases, the senior gets promotion without availing the benefit of Automatic Advancement Scheme or FR 22-B, as the case be and gets his pay fixed in the promotion post and the junior gets promotion after getting the benefits of AAS or FR 22-B and he gets his pay fixed accordingly. Consequently, the pay of the junior would be more than that of the senior. In that situation orders have been issued in G.O.Ms.No. 297, Fin. & Plg. (FW.PRC.I) Dept., Dt. 25-10-1983, G.O.Ms.No. 182, Fin. & Plg. (FW.PRC.I) Dept., Dt. 7-5-1984, G.O.Ms.No. 75, Fin. & Plg. (FW.PRC.II) Dept., Dt. 22-2-94 and G.O.Ms.No. 223, Fin. & Plg. (FW.PRC.II) Dept., Dt. 10-9-1996 to rectify the anomaly by way of stepping up of pay of the senior on par with that of the junior.

Certain requests / representations are being received from the seniors with a request to step up their pay on par with the junior after lapse of several years after the junior as promoted to the next higher category. In certain cases, the representations are filed after retirement of both the senior and the junior. In such cases, the competent authorities have examined the requests of the individuals and sent the files to Finance Department with a request to rectify the anomaly stating that the old records of two to three decades ago are not available. In the absence of the relevant records of pay fixation of both the senior and the junior, it is not possible to verify the pay fixations done 20 to 30 years ago.

In the circumstances stated above, and after careful examination, Government hereby clarify that, for settlement of the cases of stepping up of pay of the senior Government servants on par with the pay of their juniors as per Rules, the requests / representations of the senior Government servants must be received upto a period of five years after the promotion of their junior. Under no circumstances, such representations beyond five years after promotion of their junior can be allowed.

Pay Fixation under F.R. 22-B

[ Example :—A Government servant drawing a basic pay of Rs. 590/- w.e.f. 1-5-84 in the scale of Rs. 435-10-455-15-650 promoted on 11-1-84 to a higher post in the scale of Rs. 530-15-590-20-850. His normal date of increment in the lower post is 1st May of every year]. [Memo. No. 7039/A 33/PRC-1/84, F&P, Dt. 8-6-85]

Pay Fixation :

Pay to be fixed in the higher post w.e.f 1-11-84 (530-850) 610/-
(next stage)

(He will continue to draw his pay at Rs. 610/-p.m. for 1-11-84 to 30-4-85).

620/-

Revision of Option Exercised - Orders - issued

[G.O.Ms.No. 102, Fin. & Plg. Dept., dated 19-3-1991]

Ref. :—(1) G.O. Ms. No. 239, Fin. & Plg. (FW-FR.II) Deptt., Dt. 23-8-1983.

(2) Govt., Memo.No. 4073/4/FR.II/A1/90 of F&P (FW-FR.II) Dept., Dt. 11-2-1990.

Order :—In the G.O., read above orders have been issued by the Government that the Government servants who are promoted or appointed to the posts carrying duties and responsibilities of greater importance than those attached to the posts held by them have to exercise their option for fixation of their pay in the promotion post under the provisions of FR 22-B either directly from the date of their promotion or from the date of accrual of next increment in the lower category within a period of one month from the date of promotion and option once exercised shall be final.

2. Despite the fact that the employees were already allowed to exercise revised option for fixation of pay under F.R. 22-B only in cases where the date of increment is altered or the circumstances that existed as on the date of exercising the option have materially altered by any orders of Government or authority vide Memo., 2nd read above, a number of individual proposals are being referred by different departments for change of options already exercised or for exercise of revised options indicating various reasons under which they could not exercise their options within the time limit and or pointing out in some cases the resultant financial loss in view of the wrong options exercised etc. Government after careful consideration of the above proposal hereby order :—

(i) to extend the time limit upto 30-6-1991 for exercising revised options to those employees who consider that they have exercised incorrect options and to those employees who have not exercised the option at all within the stipulated time but who intend exercising options ; and

(ii) that in respect of the Government servants to be promoted in future they may be given only one opportunity to revise their option provided such revised option shall be within a period of one year from the date of promotion.