7.44 (i) On first appointment to a post, the pay of a Government servant should be fixed at the minimum of the scale of the post.
(ii) In case of first appointment under Government fixation of initial pay can be done by grant of not more than six premature increments subject to the conditions:
(a) In cases of persons recruited through the Federal Public Service
(b) No premature increment should be granted in cases of ad hoc appointments in anticipation of FPSC recommendations.
(c) In posts where recruitment is not made through F. P. S. C. premature increments should be granted only after the appointing authority certifies that suitable persons of requisite qualifications arc not available on the minimum of the sanctioned pay scale of the posts.
(Item 16 of Annexure II to the of the Ministry of Finance O. M. No. F. 1(5) R-12/80, dated 11th March, 1981 and F.1 (7) R-12/81, dated 14th October, 1981.)
(iii) In cases other than cases of re-employment after resignation from public service or after removal from public service for inefficiency, misconductor as a disciplinary measure, a Government servant has previously held substantivelyor officiated in
(a) the same post, or
(b) a permanent or temporary post on the same time-scale, or
(c) a permanent post other than a tenure post on an identical time-scale, or (d) a temporary post on an identical time-scale, such post being on the same time scale as a permanent post, or
(e) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post, which he has previously held substantively or in which he has previously officiated,
then his initial pay should not be less man the pay, other than special pay and personal pay etc., which he drew on last such occasion. The period during which the Government servant drew that pay on such last or previous occasions will also count for increment.
7.45 The condition that the temporary post should be on the same time scale as a permanent post should not be enforced when a temporary post is (i) created by one Government or Department for the purpose of work of the same nature as the ordinary work for which permanent posts exist, in a cadre under a different Government or Department and (ii) sanctioned on a time-scale indentical with the time-scale applicable to the permanent posts in the cadre under the different Government or Department.
7.46 The following principles of general application should also be kept in view, while dealing with the cases of fixation of pay:
(i) The Ministry of the Head of an Administrative Department is competent to declare, as to the relative degree of responsibility of two posts for the purpose of these rules.
(ii) A temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on a different rate of pay is not the same post as the permanent post even though the duties remain the same, for purposes of these rules. The temporary post would be regarded as having ceased to exist and to have been replaced by the permanent post.
suspended lien will be treated a 'substantive pay' for the purposes of these rules, which would mean that the substantive pay in respect of a provisional substantive appointment is taken into consideration in determining the initial pay of a Government servant on his appointment to another post. When the initial pay of a Government servant in a post is thus fixed, it will not be affected even if during the tenure of his appointment to that post he reverts from his provisional appointment.
(iv) If a Government servant has been officiating in a post and is later on appointed against die same post in substantive capacity he isentitled to get his pay fixed a new under F. R. 22 with reference to hissubstantive pay at the time in respect of his old permanent post.
(v) If the pay last drawn by a Government servant in temporary post has been inflated by the grant of premature increments, the pay which he would have drawn but for the grant of these increments should be taken into account for the purposes of fixation of pay under F.R. 22, unless the competent authority decides otherwise.
(vi) When a Government servant is appointed to officiate in a post on a time-scale of pay, but in terms of F. R. 35 his pay is fixed below the minimum of the time-scale, he must not be treated as having effectually officiated in that post within the meaning of F. R. 22 or counted towards duty for purposes of increments under F. R. 26.
(vii) If the time-scale of a post is reduced for reasons other than a diminution in the duties or responsibilities attached to that post and a Government servant appointed to it is not entitled to draw pay on the time-scale as it stood prior to the reduction on re-appointment to that post his pay should be fixed under F. R. 22 in such a way as if the reduced time-scale was in force from the very beginning.
(viii) Where a civil servant is not transferred from one post to another, but is transferred from a lower to a higher scale, initial pay in the higher scale will be fixed at the stage next above the pay admissible in the lower scale as on the eve of transfer to the higher scale. This decision is applicable with effect from 1st March, 1972.
[c. f. M/o Finance O.M. No. D-438-R 4/75-F. 2(31) RI/75,dated 18-6-1975].
7.47 Fixation of pay on the change of scale of a post (F. R. 23): If the scale of pay of a post is changed the holder of the post is treated as having been transferred to another post on the new pay and his pay is refixed under para 7.45 (viii) as if the transfer to the new post did not involve assumption of higher responsibilities. In such cases where the pay of a post is changed, the government servant concerned has an option to retain his old pay until the date on which he earns his next increment or any subsequent increments in the old scale, or until he vacates his post or ceases to draw pay in the time-scale. The option once exercised is deemed as final.
7.48 A very important point which has to be borne in mind in the context of this rule is that the substantive part of the rule and its proviso cannot be operative at one and the same time. During the period the option exercised underthe proviso operates, the substantive position of the rule remains inoperative. Any failure to exercise the option from whatever cause entails forfeiture of the benefit of the rule.
cases in which time-scale of pay has been substitutedby a graded scale of pay.
7.50 If the maximum of pay of a post is changed without affecting the minimum and the rate of increment the refixation of pay should be done as if the Government servant was transferred to a post which did not involve assumption of higher responsibilities even if the Government servant might be holding the post substantively.
7.51 Drawal of increment (F.R.24): The increment in a time-scale is drawn as a matter of course, unless it is withheld by the competent authority as a disciplinary measure due to misconduct or unsatisfactory work. Whenever an increment is withheld, the authority withholding the increment should state the period for which the increment has been stopped
7.52 Conditions of service for increments (F.R.26): The service in a post in a timescale counts for increments, asfollows:
-(a) All duty in a post on a time-scale and periods of leave other than extraordinary leave count for increments in that time-scale.
(b) If a Government servant holds a lien or a suspended lien against a post, the service in another post, whether in a substantive or officiating capacity, service on deputation count for increment in that post. If the President is satisfied that extraordinary leave was taken
on account of illness or for any other cause beyond the Government servant's control, he can direct that the extraordinary leave may count towards increment.
(c) If a Government servant officiating in a post or holding a temporary post in a time-scale is appointed to officiate in another post which does not carry less pay than the pay of his original post, then on reappointment to the lower post the service in the higher post counts for increments in the lower post. But the period officiating service in the higher post, which would count for increment in the lower post would be restricted to the period during which the Government servant would have held the lower post but for his appointment in the higher post. This also covers the case of a Government servant who might not actually have been officiating in the lower post at the time of his appointment to the higher post, but he would have officiated as such but for appointment to the higher post.
(d) Foreign service counts for increments in the time-scale of the post in Government service on which the Government servant holds a lien or a suspended lien. If the Government servant receives any officiating promotion while he is on foreign service, the period counts for increment for the duration of such promotion the foreign service counts for increment in a temporary post also, if the Government servant returns to the temporary post.
7.53 Following are the important decisions having a bearing on the calculation of increments:
-(i) When a Government servant officiating in a post is transferred to officiate in another post, the period of joining time should be treated as duty in the post, the pay of which is drawn by the Government servant during the joining time and it is to count for increment in the same post.
scale of the post.
(iii) If a probationer is confirmed at the end of a period of probation exceeding twelve months he is entitled to claim retrospectively the increments which but for his probation, he would have received in an ordinary course.
(iv) The concession contemplated in F. R. 26(c) is admissible irrespective of the fact whether the higher post is within or outside the Department to which the Government servant belongs. This equally applies to the Provincial Civil Service officers holding the 'Listed Posts'.
7.54 Grant of advance increments (F.R.27): An authority competent to create a permanent post in the same cadre on the same scale of pay can grant premature increment to a Government servant on a time-scale of pay.
7.55 In regard to the grant of advance increment, usually the intention is that the officer should be entitled to the increments in the same manner as if he had reached his position in the scale in the normal course, and unless there are orders otherwise, he should be placed on exactly the same footing as an officer who has so risen. It would mean thatnormally an officer will get the next increment after completion of duty for one year at the stage from the date the advance increment was granted. However, if the orders envisage that the original date of increment will not be disturbed the increment may be allowed accordingly.
7.56 The expression "Scale of pay" represents the maximum of the scale which is to be taken into consideration for determining the authority competent to sanction increments rather that the stage to which the advance increment has been given.
FIXATION OF PAY ON REVERSION TO A LOWER POST ORREDUCTION OF STAGE (F. RS. 28 & 29):
7.57 If a Government servant is transferred from a higher to a lower grade or post as measure of punishment, the competent authority may allow him to draw any pay as it may deem proper subject to the condition that it should not exceed the maximum of the scale of pay of the lower grade or post. In a case where a Government servant on account of misconduct or inefficiency is reduced to a lower grade or post or to a lower stage in the time-scale, the competent authority should clearly state the period for which the punishment would be effective and whether, on restoration it should operate to postpone future increments, and, if so, to what extent. The authority concerned should specifically mention whether the reduction would have the cumulative effect and if the increments would be admissible during the period the reduction was in force. In short the contents of the orders in this respect should be specific and leave no room for any doubt or equivocation.
7.58 Presumptive pay of the post (F.R.31): A Government servant officiating in a post draws the presumptive pay of the post except in those cases where the pay has been restricted under F. Rs.30 and 35. But if at any stage the presumptive pay of the post on which the Government servant holds a lien or a suspended lien is greater than the presumptive pay of the officiating post, he draws the presumptive pay of the permanent post. The cases of those Government servants who have been appointed to certain posts at their own request under F.
R. 15 are, however, excluded from the provision of the latter part of the rule.
leave. It sometimes happened that their substantive pay had increased in the mean-time and when the refixation of pay was done on return from leave the pay was fixed at a higher stage than what they had been drawing prior to their proceeding on leave. The Government had an impression that some Government servants proceeded on regular leave deliberately merely to avail themselves of the aforesaid benefit. In order to put the check against this manipulation of rules the Government have decided that when a Government servant applies for leave and there is reason to believe that the leave was being applied for in order to secure the benefit of the refixation of pay, the grant of regular leave may be refused under F. R. 67.
In cases where this position is not realised in advance or the leave is granted on genuine grounds, then on refixation, the officiating pay may be restricted under F. R. 35 so as to limit it to the pay the Government servant would have drawn, had he not proceeded on regular leave. In short, the refixation of pay on return from regular leave should be done in such a way so as to disallow an increase in the officiating pay over the pay the Government servant was drawing prior to his proceeding on leave.
7.60 Personal rate of pay (F. R. 33): If a Government servant is appointed to officiate in a post the pay of which was fixed at a rate personal to another Government servant, the competent authority may fix his pay at any rate, but not more than the pay already fixed.
If the post carries a time-scale pay the pay should be allowed at the minimum of the scale and increments as stipulated therein.
7.61 Restriction on officiating pay (F.R.35) :(i) The pay of an officiating Government servant can be fixed by a competent authority at an amount less than that admissible under the rules.
(ii) One class of cases falling under F. R. 35 is that in which Government Servant merely holds charge of the current duties and does not perform the full duties of the post.
[Para 12 (i) Chapter IV, Section I of the Manual of Audit Instructions].
(iii) An Officer appointed to hold current charge of a higher post is allowed, in terms of F. R. 35 and provision to Section 17 of the Civil Servants Act, 1973, pay in his own grade plus additional pay equal to 20% of his grade pay.
(Establishment Division O.M. No. 1/21/76-AR1/RI. dated 18-6-1980)
7.62 The powers conferred under the above rule can be exercised in individual cases by a special order. The general application of this rule will be ultra-vires of F. R. 35. In financial emergencies and on administrative consideration the Government has, however, resorted to this rule in a general way. The 30% orders, which were in force from 1st July, 1948 to 31st March, 1951 and 30th September 1951 and the length of service formula under the Revision of Pay Rules, 1951 as amended from time to time, may be referred to in this behalf.
ACTING PROMOTIONS (F. R. 36):
7.63 When Government servants are treated as on duty while on a course of instructions or training or in other circumstances stated in F.R.9(6)(b) the Local Government may allow acting promotion in their places by general or special orders. It is in pursuance of these orders that acting promotions are made in the place of Government servant undergoing trainging in Pakistan Army Reserve of Officers or the Pakistan Territorial Force.
pay is reduced by any amount by which the recipient's pay is increased. As soon as the increase is equal to the personal pay, it is ceased to be drawn.
PAY OF TEMPORARY POST (F. RS 39 & 40):
7.65 When temporary post is created and it is to be filled by a person who is not already a Government servant, he should be allowed the minimum pay that would be necessary to secure the services of a person capable of discharging efficiently the duties of the post.
7.66 In case the temporary post is such as is to be filled by a person who is already in Government service, its pay should be fixed after taking into consideration the character of responsibility of the work to be performed and the existing pay of the Government servant of a status sufficient to warrant his selection for the post.
7.67 While dealing with the fixation of pay in such cases, it should be borne in mind that temporary posts may be divided into two categories (1) posts created to perform the ordinary work for which permanent posts already exist in a cadre and (2) isolated posts created for the performance of special tasks unconnected with the ordinary work which a service is required to perform. The posts in the first category should be treated as temporary addition to the cadre of a service and the holders of these posts should draw pay in the time-scale of the post without any extra remuneration. If any of these posts involve decided increase in work and responsibility in comparison with the duties of the parent cadre generally, a special pay may be sanctioned in addition.
For the second category of posts, if these involve greater responsibilities or increase in work as compared to those of the posts in the regular line, extra remuneration may be sanctioned, but it, in no case, should exceed, without the specific sanction of the Ministry of Finance, one-fifth of substantive pay or Rs. 10 a day, whichever is less.