Can we revise FR 22 fixation Option ?

After implementation of Sixth Pay Commission report there are various situations where an employee will be getting lesser pay than his junior. Normally, we can claim for removal of such pay anomaly as per procedures laid out.

However, in one of such situations employees may not be in a position to claim removal such anomaly. This situation was highlighted by Mr.Rajasekar, Intelligence Officer, Directorate of Revenue Intelligence, Chennai, who is a GConnect user. He explains that an option exercised under FR 22 (I) (a) (1) for postponement of increment may be a cause for receiving lesser pay than your juniors, when pay fixation procedures were changed on a later date by the Govt. This situation is explained below.

Two gentlemen A and B joined in Central Government Service in the same cadre on a same date during April 1994. Based on ranking in the selection examination & interview Officer B is junior to the Officer A. Till a particular period, both drew same salary and their increment month was April of every year. After implementation of 5th Pay Commission report with effect from 1996 by Government, they claimed to remove a pay anomaly as one of their juniors viz., Officer C, was drawing more pay than them. Since the said junior’s increment month was fixed in January he was getting more pay than Officer A and B. The claim of Officer A and B along with others who were sailing in the same boat were considered and their increment month was also advanced to January.

Afterwards, on 01.04.2004, the pay scale of the cadre in which Officer A and B are working was upgraded to the next pay scale. On account this up- gradation of Pay Scale, Officer A and B exercised their option for fixation of pay under FR 22 (I) (a) (1). Interestingly, this time, Officer A opted for pay fixation on the date of up-gradation (i.e.) on 01.04.04, and thereafter he started getting his annual increment in April. However, Officer B opted for pay fixation on the date of his next increment (i.e.) on 01.01.05 and he continued to get his annual increment in January.

Now, comes the implementation of Sixth Pay Commission report which paved the way for uniform annual increment in July for all employees. This causes fixation of lesser 6cpc revised pay for Officer A when compared to Officer B and C who are juniors to him. This is because Officer A is fixed with 6cpc revised pay on the basis of his pre-revised basic pay for which annual increment for the year 2006 was yet to be given as on 01.01.2006, as Officer A was due for his next increment only in April 2006.

From the above illustration, it could be understood that the change of increment month in respect of Officer A from January to April during 2004, is the cause for fixation of reduced revised pay to Officer A though he is senior to Officer B and Officer C. Whether this increment could be re-fixed to January as on 2004, for consequent higher pay benefits to Officer A ?

Mr.Rajasekar is of the view that as per the Office Memorandum No: 16/8/2002- Estt (Pay-I) dated 25.02.03, issued by DOPT, in the event of unanticipated developments or change of rules etc., the option exercised under FR 22 (I) (a) (1) by the Officer A for fixation of revised pay on 1.04.2004, consequent on his appointment in the higher grade on 1.4.2004, could be revised so that he in his revised option letter can opt for fixation of revised pay on the date of his original increment due in the year 2005 (i.e.) on 1.1.2005.

The text of the relevant Office Memorandum dated 25.02.03 is reproduced below. (Reference- Swamy’s Fundamental Rules – FR 22 – Para (17-A) page 57)

“A demand was raised by the staff side in the National Council (JCM) that a Central Government Servant may be allowed to revise the option exercised by him on promotion/appointment on higher grade/Post under FR 22 (I) (a) (1) in the event of unanticipated developments or change of rules, etc. The staff side had also demanded that a specific provision to this effect be incorporated in the existing rules/orders.

2. The demand of staff side has been examined by the Government and the President is pleased to decide pursuant to any unforeseen developments or change of rules, a Government Servant may give revised option for pay fixation under FR (I) (a) (1) within one month from the date of orders of such unforeseen developments or change of rules. Acceptance of such revised option may thereafter be examined and decided on merits by the Ministry/Department concerned with the approval of Department of Personnel and Training. In case it is decided to allow fresh option to the Government Servant concerned, the option once exercised shall be treated as final. The past cases of similar nature can be referred to this Department which will be decided on merit “