Let me know why have u mentioned the date of confirmation (01.11.2005) of the GS. Do u believe that the regularisation and/or fixation of pay is always related to the confirmation in service? This is true only for the govt. servants joining another central govt. service as PROBATIONER, with past service benefits and remain on probation for initial two years. Their pay is regulated by FR 22B during probationary period and thereafter by FR22I(a)(1) or FR22I(a)(2), as the case may be. This is NOT applicable for other officers who are appointed in the central govt. service on temporary basis and required to remain ON PROBATION for initial two years. Their pay in probationary period is fixed under FR22I(a)(1) or FR22I(a)(2), as the case may be.
Now let us work out as follows:
Gr-A officer who has been in central govt. service, with scale of pay Rs 8000-13000 w.e.f. 01.11.03, has got his pay fixed w.e.f. 01.01.2006 under the 6th CPC.
(a) In case he is appointed to another Gr-A post under cent. govt., with entitlement to the benefits of past service, his last pay so fixed w.e.f. 01.01.2006 in previous deptt would be REFIXED AT HIGHER FIGURE by allowing notional increment (3%) if the new Gr-A post carries DUTIES & RESPONSIBILITIES of GREATER IMPORTANCE ( as GENERALLY indicated by HIGHER scale of pay). So, re-fixation of pay w.e.f. the date of joining i.e. 10.04.2006 in new service. But no annual increment shall be allowed on 01.07.2006. Pay shall be fixed under FR 22 I(a)(1) read with Rule 13(i) of CCS (RP) Rule ,2008. Such kind of case is treated as “as good as promotion”. This not a true promotional case as the govt. servant is not promoted to the higher post through the Departmental Promotion Committee. That’s why he can’t exercise the option for date of fixation. See proviso to FR 22 I(A)(1).
(b) If he is appointed to another Gr-A post under cent. govt., with entitlement to the benefits of past service, his last pay so fixed w.e.f. 01.01.2006 in previous deptt would REMAIN TO BE UNCHANGED (“PROTECTED”) if the new Gr-A post carries DUTIES & RESPONSIBILITIES of EQUAL IMPORTANCE ( as GENERALLY indicated by identical scale of pay). So, no pay fixation in new service. Only protection is allowed. Pay is regulated by FR 22 I(a)(2).
This is the difference in the application of FR 22 I(a)(1) & FR 22 I(a)(2) – first one for taking over of charge of higher post (like promotion) and, 2nd for taking over charge of a post meant for same duty & responsibility.
When the govt. servant initially joined the Gr-B post carrying scale Rs 7500-12000 (revised as GP 4800 in PB-2: Rs 9300-34800) on 01.11.03 and was appointed to a Gr-A post carrying GP 5400 in PB-3 (Rs 15600-39100) through UPSC w.e.f. 10.04.2006. Fixation procedure is same as illustrated in Case 1 (a). Fixation under FR 22I(a)(1) as he joins higher post with continuity of service benefits.
It is now clarified that since he is selected by UPSC on the basis of open competition he is, of course, a DIRECT RECRUIT but, not a FRESH RECRUIT as this is NOT HIS FIRST APPOINTMENT IN GOVT. SERVICE – he is NOT A NEW ENTRANT IN GOVT. SERVICE after 01.01.2006. He appeared before UPSC as a GOVT. CANDIDATE, under intimation to his deptt. (for UPSC selection, applications need not be forwarded through proper channel). This is his SECOND APPOINTMENT in govt. service. So, all the service benefits shall be allowed to him as per rules. Now u think, what’s the use of service continuity if pay is not protected or hiked in new service! What’s the use of change of job if there is no additional benefits! Is it that changing a job in govt. deptt. through UPSC/ any such authority is a punishment! Is it justified! Is it permitted by any financial rules of the govt.! Why to take so much of pain for forwarding the application through proper channel ! So, the concept of “entry level pay” has no application here b’coz he entered govt. service on 01.11.03 when he got the entry level pay.
In such cases all the benefits which are attached to the normal transfer case are also allowed to the govt. servants who change job with past service benefits.
U have seen Rule 8 on page 39 in Part-II, Secn-3 in EXTRAORDINARY. Pls again see the Memorandum of explanations of Rule 8 on page 61 of the same Notification. Concentrate on the phrase “Fresh recruit” which does not always correspond to the meaning of "Direct recruit".
Pls go by the logic and not always by the literal meaning. Adjudge the situation. Consider “sthaan”, “kaal”, & “ patro”. This is called MERIT OF THE CASE which is of prime importance in context of operation of rules. Pay commission is not wrong, our understanding of the application of Rule 8 is wrong that is to say, we could not understand the merit of the rule..
In my case, I joined Gr-B Gazetted post (Rs 7500-12000) in Nov.2000 through UPSC. As usual, my pay drawn under 5th CPC was fixed in old service at Rs “X” in GP 4800 in PB-2 w.e.f. 01.01.2006 on the basis of fitment table, on the 6th CPC recommendations. As per special provision of 6th CPC the officers drawing pay in the scale Rs 7500-12000 are eligible to get scale 8000-13500 (non-functional basis) after completion of 4 years of regular service ( not a MACP). Since I completed 4 yrs of regular service in 2004 and implementation of 6th CPC took effect from 01.01.06 my pay was refixed at Rs “Y” with GP 5400 in PB-2 (and not in PB-3) with reference to the previously fixed pay Rs. X & GP 4800, by allowing one increment w.e.f. 01.01.2006. So, new pay Rs. Y = (Rs X + 4800)x3%. I joined new Gr-A service in Oct.2009 with past service benefits, in the pay structure of GP 5400 & PB-3 (15600-39100). Since it was a change of job from Gr-B to Gr-A service involving assumption of HIGHER DUTIES AND RESPONSIBILITIES in new post, my last pay drawn in the previous office, say Rs “Y4”, was again fixed at Rs. “Z” by allowing one increment (3%) on (Rs Y4 + 5400) with effect from the date of joining (08.10.09) the Gr-A service. It is also there in the rule that pay is to be fixed if there is change of either the Grade Pay or the Pay Band.
It means my pay was fixed on three occasions – at the time of conversion from 5th CPC to 6th CPC w.e.f. 01.01.06, refixation of newly fixed pay under 6th CPC again w.e.f. 01.01.06 due to change of GP from 4800 to 5400 in PB-2 and, finally w.e.f. 08.10.2009 (date of appointment in new Gr-A service) due to change of job to higher post and Pay Band (PB-3) though there was no change of Grade Pay (5400).
If promotion takes place in identical GP and PB, pay is again fixed in the same scale by increasing notionally to give financial benefits because of ASSUMPTION OF DUTIES AND RESPONSIBILITIES OF GREATER IMPORTANCE in higher post. For example, when Sr. Accounts Officers (Group-B Gazetted post with GP 5400 in PB-3 and not PB-2) of Indian P & T Accts., Finance Service, Defence Accts. are promoted to Group-A Gazetted post carrying GP 5400 in PB-3 (i.e. identical pay scale) they also get one notional increment under FR 22I(a)(1) because of change of position from Group-B Gazetted to Group-A Gazetted involving assumption of higher duties and responsibilities though there is change of neither PB nor GP.
Therefore, promotion means increase of duties and responsibilities and hence, financial benefit is allowed irrespective of the fact that whether or not the employee was drawing pay in lower or identical pay structure in lower post.Thanks for giving me the opportunity to share my knowledge and experience with you and, I will be really happy if it can benefit you in future. More interactions expected especially from "som" and "nemo" who only assign reputation points from the background. Ha-Ha -Ha!!