Sunday, 10 June 2018

Detailed Notes on Increment-Authority/FR 24/Notional/Stoppage of increment/sragnation/Drawl of increment/

Detailed Notes on Increment
1. Types of Posts:
There are 3 types of posts
   (i)   Permanent Post
   (ii)  Temporary Post
  (iii)  Tenure Post

   (i) Permanent Post: The post which carries a definite scale of pay and sanctioned without limit of time is called Permanent Post(FR 9(22)). Whenever a person is appointed against a permanent post he is said to be appointed in a substantive capacity and the pay that is allowed on account of such substantive appointment is known as substantive pay.
No person can be paid anything less than substantive pay at any time as a result of fixation of pay in a new scale. If it has to be fixed at a stage less than substantive pay such a drop has to be protected by grant of personal pay.

Exceptions: 1. Reversion on own request 2. Reversion on punishment.

   ii) Temporary Post: The post which carries definite scale of pay and sanctioned for a limited period is called Temporary Post(FR ((30)).
A Govt. servant is said to officiate in a post on which another Govt. servant holds a lien. The pay allowed in such a post is known as officiating pay.

   iii) Tenure Post: This also a permanent post but a person appointed against that post can hold office only for a limited period (FR 9(30-A)).
Ex: Governor, CAG etc.,

2. Provisions under FR:
The general rules relating to pay fixation are contained in FRs 19 to 35. FR 19: Next – below Rule
FR 20: Pay of candidates undergoing training
FR 22: When the appointment to another post is in a substantive capacity
FR 24 to 26: Increments (State & Subordinate Service Rules Rule10(g), 13,17(c) FR 27: Pre-mature increments
FR 28,29: Reduction of Pay as Penalty
FR 30,31: When the appointments are made in officiating capacity
FR 35: Pay of officiating Govt. at an amount less than that admissible.

3. Increment:

   (i) Authority: 

         FR 24,25,26,27 and FR 31A and Rule 10D, 13 of State & Subordinate Service Rules.

   (ii) FR 24:

       • An increment shall ordinarily be drawn as a matter of course unless it is withheld.
       • An increment may be withheld from a Govt. servant by the State Govt. or by any authority to whom the State Govt. may delegate this power if his conduct has not been good, or his work has not been satisfactory.
       • In ordering the withholding of an increment the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments.

   (iii) The Service which counts for increments:

          1) All duty in a post on a time scale (FR 26(a))
          2) Service in another post, other than a post carrying less pay, whether in a substantive or officiating capacity, service on deputation out of India, and leave other than extraordinary leave shall count for increments in the time scale applicable to the post on which the Govt. servant holds a lien (FR 26(b)(i)).
         3) All leave other than EOL and the period of deputation out of India shall count for increment in the time scale applicable to a post in which a Govt. Servant was officiating at the time he proceeded (FR 26(b)(ii))
         4) The period of EOL taken on account of illness or for any other cause beyond the Govt. servant’s control or for prosecuting higher scientific or technical studies with an undertaking to serve the Govt. on return from leave for a period of atleast 5 years, sanctioned by the Govt. (FR 26(b)(ii) Proviso)

HODs are empowered to count the EOL upto 6 months vide G.O.Ms.No.43, F&P, Dt.05.02.76 and G.O.Ms.No.261, F&P, Dt.23.-6.76)
         5) Service in another post of Govt. of another state in India or the Central Govt. in officiating capacity (Note under FR 26(b)  vide G.O.Ms.No.294,Fin., Dt.14.09.64 and G.O.Ms.No.183, Fin., Dt.19.07.65)
         6) The period of officiating service in the higher post counts for increment in the lower post (FR 26(c)).
         7) Foreign Service counts for increments in the post he would hold a lien (FR 26 (e)).
         8) Joining time counts for increments in the post he would hold a lien (FR 26 (f)).
        9) The EOL granted on the request of the individual for regularization of the dismissal / deemed suspension / suspension period, after exhausting all the available leave may also be counted for the purpose of notional increments and pension (Note 2 under the proviso to FR 26(b)(ii) vide G.O.Ms.No.307, Fin.(FR.II) Dept., Dt.03.12.2012)

(iv) Service which does not count for increment:

    1)    The period of Willful absence from duty which is treated as Dies-non (FR 18).
    2)    The period of Suspension treated as not duty (FR 54-B(1)(b).
    3)   The period of Suspension and period of service preceding the suspension, if the Suspension is made for misconduct (Note 5(a) under FR 24).
   4)    EOL sanctioned for private affairs (or) for regularizing the period of suspension ( FR 26(b)(ii) and Memo No. 11302/FR.II/64-4, Fin., Dt.16.06.64).
   5)  The period of EOL taken on account of illness or for any other cause beyond the Govt. servant’s control or for prosecuting higher scientific or technical studies with an undertaking to serve the Govt. on return from leave for a period of atleast 5 years, not sanctioned by the Govt. (FR 26(b)(ii) Proviso)
   6)   Over-stayal of leave not regularized (Ruling 2 under FR 26(b)).
   7)   Officiating service in a lower time scale without specific sanction of Govt. will not count for increments in the substantive post on a higher scale (Ruling 9 under FR 26(b)).
   8)   The service rendered in temporary capacity without having prescribed minimum qualifications for the post (Memo No.2329/64-1, GA (Ser.A), Dt.08.12.64).

(V) Sanction of Notional Increment:

     1) The pay of a Govt. servant whose date of seniority/promotion has been revised and fixed from an earlier date, pay may be refixed on the basis of notional duty in the post from time to time. Monetary benefit shall be payable only for the period he actually discharged the duties of the post. Pensionery benefits shall also be revised on the basis of notional pay in case of retirement/death. (FR 26(aa) and Note 1,2,3,4 under FR 26(aa) vide G.O.Ms.No.163, F&P, Dt.30.06.78 and G.O.Ms.No.286, F&P, Dt.10.11.78).
     2) If Increment falls due on the day following retirement, he may be given the benefit of increment notionally purely for the purpose of pensionary benefits (G.O.Ms.No.235, F&P (FW.FR.II) Dept., Dt.27.10.98).

(VI) Stoppage of Increment:

     1) Without Cumulative Effect: The officer’s pay is restored to what it would have been, had his increment not been withheld from the next natural date from which he would have drawn an increment.(Ruling 1 under FR 24).

     2) With Cumulative Effect: It will have effect on the postponement of the future increments .
     3) In case of stoppage of increments, the increments falling due immediately after the date of issue of the order should be withheld.  The employee shall not be recommended for promotion during the period for which the increments were ordered to withheld with effect from the date of the issue of the order (G.O.Ms.No.342, GA (Ser.V) Dept., Dt.04.08.97 and Circular memo No. 34663/Ser.C/99, GA (Ser.C) Dept., Dt.04.11.99).
     4) The authority withholding an increment of an officer should expressly state in the order that the period for which the increment has been stopped will be exclusive of any interval spent on leave before the period is completed (Instruction under FR 24).
     5) When an increment of an officer is withheld with cumulative effect, it is not the intension that the instruction under FR 24 should be applied. (Ruling 2(b) under FR 24).
     6) The authority withholding the increment in an officer’s pay as a punishment should make it clear in the order whether it will affect the officer’s pension and if so to what extent (Ruling 4 under FR 24). If the punishment is withholding the increment with cumulative effect, it wiil have effect on the Officer’s Pension also (G.O.Ms.No.252, Fin.(FR.I) Dept.,Dt.29.08.06).

(VII) Stagnation Increments:

     1) RPS 93: All the employees falling under Grade I To XXXII are entitled for 3 stagnation increments beyond the time scale and they shall count for the purpose of pension and pensionery benefits (G.O.(P).No.18, F&P (FW.PC.I) Dept., Dt.19.01.94).
     2) The stagnation increments beyond the time scale in RPS 93 be reckoned as pay for purpose of fixation of pay on promotion on to the higher posts/AAS. (G.O.Ms.No.173, F&P (FW.PC.II) Dept., Dt.07.10.97).
     3) The stagnation increments be sanctioned at the higher rate as admissible to the Pay. (Memo No.5763/59/PC-1/99-1, F&P (FW.PC.I) Dept., Dt.27.02.99).
     4) RPS 99: 3 stagnation increments sanctioned beyond the time scale and they shall be treated as regular increments for all purposes such as fixation of pay on promotion/AAS. (G.O.Ms.No.152, F&P (FW.PC.I) Dept., Dt.04.11.2000).
     5) The pay in RPS shall be fixed at the next stage over the aggregate  by adding Stagnation Increments to the maximum of the Scale. If the aggregate is more than the elongated scale even after allowing 3 stagnation increments, then the difference will be treated as Personal Pay to be absorbed in future increases of pay.

(Clarification issued vide Memo No.40577/581/PC.I/2000, F&P (FW.PC.I) Dept, Dt.23.11.2000).

     6) RPS 2005: All the employees falling under Grade I – Grade XXXII are entitled for 5 stagnation increments beyond the time scale and they shall be treated as increments for all purposes such as fixation of pay on promotion/AAS, Pension etc., (G.O.(P).No.180, Fin.(PC.I) Dept., Dt.29.06.06).
     7) Stagnation increments are allowed at the higher rate beyond the time scale of pay in the revised pay scales 2005, since the Master Pay Scales is elongated one. (Memo No.21445/367/A1/PC.I/2007, Fin. (PC.I) Dept., Dt.25.04.08).
     8) RPS 2010: Govt. have sanctioned 3 stagnation increments falling under Grade I to XXXII, to be allowed beyond the time scale and these shall be treated as increments for all purposes such as fixation of pay on promotion/AAS, Pension etc., (G.O.Ms.No.52, Fin.(PC.I) Dept., Dt.25.02.10).
     9) RPS 2015: Govt. have sanctioned 5 stagnation increments to Grade I
– XXXII beyond the time scale and these shall be treated as increments for all purposes such as fixation of pay on promotion/AAS, Pension etc., (G.O.Ms.No.25, Fin.(HR-V-PC) Dept., Dt.30.04.15).

(VIII) Drawl of Increment:

     1) Increment will be drawn from first day of the month in which it is due. The first increment in the case of initial appointment or promotion will be drawn a few days in advance of the completion of 12 months (G.O.Ms.No.133, F&P, Dt.13.-5.74 and G.O.Ms.No.192, F&P, Dt.01.08.74).
     2) In arriving at the date of next increment, the periods which do not count for increment will be added to the normal date of increment and if that date falls in the middle of the month, increment will be drawn from the first day of that month.
     3) If the employee is on leave on the first day of that month in which it is due, it will be drawn from the date of joining duty after leave.
     4) Increments withheld as a penalty without cumulative effect will be drawn from the date following the date of expiry of penalty. (Memo no.49463- A/21111/FR.II/74.1, F&P, Dt.06.10.74).

(IX) Sanction of Increments:

     1) No increment should be given unless an increment certificate in APTC Form 49 is enclosed by the drawing officer. If increments are granted on the assumption of satisfactory completion of probation without an order of a competent authority, the drawing officer should append a certificate in the increment certificate as prescribed therein (Ruling 5(b) under FR 24).
     2) An increment watch register has been prescribed in G.O.Ms.No.104, Fin. & Plg. (FW.A&L) Dept., Dt.08.03.76.
     3) To ensure prompt drawl of increments the drawing officer should verify the Service Books of all his subordinates in the month of December of  every year and maintain a register showing the names of all persons for whom increments are due in each month of succeeding year in the APTC Form 106 and if persons are transferred to his office, their names should be entered in the relevant pages with reference to their rates of increments. (Note 3 under SR 13, TR 16 of APTC Vol.I).
     4) Passing of an Examination or test confers on a Govt. servant the title to any right, benefit or concession, such should be deemed to have accrued on the day following the last day of the examination or test which he passed. (Ruling 2 under FR 26(b).
     5) When the period of probation is two years and when increment is annual, the probationer is entitled to draw the first increment after commencement of probation; his second increment will have to be drawn only w.e.f. the date following the date of declaration of probation but the period of service from the date of the first increment shall count for subsequent increments. (FR 31-A(2)(i)(a)).
     6) Increment Sanctioning Authority: The drawing Officer in each department is authorized to release and to sign the increment certificate of the Govt. employees in each Department. In cases where the Drawing Officer and the officer who maintain the service records of the employees  is different, a certificate of service particulars eligible for earning increment shall be given by the authority who maintain the service registers to the Drawing Officer, release of the increment. (Memo No.16965/677/A&L/5, F&P (FW.A&L) Dept., Dt.13.02.87).

(X ) Some other Important FR Provisions:

     1) FR 25 Sanction of Efficiency Bar Increment: Where an efficiency bar is prescribed in a time scale the next increment after such bar should not be given without the specific sanction of authority competent to withhold increments.
     2) FR 27 Sanction of Premature Increments:
          a) An authority may grant a premature increment to a Govt. service on a time scale of pay if that authority has power to create a post in the same cadre on the same scale of pay.
           b)  Govt. is the competent authority to create or abolish a post on a time scale of pay.
          c) The Administrative Depts. of the Secretariat have to obtain the prior approval of Finance Dept. to grant advance/premature increments.



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