Save as provided in regulation 11, 12 and 14, where a Sansthan employee holding a post in a substantive, temporary or officiating capacity, is promoted or appointed in a substantive, temporary or officiating capacity, to another post including an ex-cadre post, his initial pay shall be regulated as follows: -
(1) When appointment to the new post involves assumption of duties or responsibilities of greater importance than those attaching to the old post and,-
(a) if he is holding a post not higher than a Group B post, his initial pay in the timescale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by one increment at the stage at which such pay has accrued and in the case of a Sansthan employee drawing pay at the maximum of the pay-scale, by an amount equivalent to the last increment; and
(b) if he is holding a post higher than a Group B post, he will draw as initial pay, the stage of the time-scale next above his pay in respect of the old (lower) post.
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(2)
(3) If the appointment to the new post does not involve such assumption,-
(a)
(b) if there is a stage in the time-scale of the new post which is equal to his pay in the old post, he shall draw pay at that stage;
if there is no such stage, he will draw pay at the stage next above his pay in the post:
Provided that, a Sansthan employee on his appointment to such a new post, may at his option, to be exercised within one month from the date of his appointment, elect for fixation of his pay in one of the following manners, namely: -
(1) either to get his initial pay fixed straightaway with effect from the date of his appointment to the new post; or
(11) to get his pay fixed with effect from the date of his next increment in the old post.
In either case, the date of next increment will fall due only on completion of the required period of qualifying service from the date the pay 1s fixed in the new post.
If the minimum of the time-scale of the new post is higher than his pay in the old post, he will draw that minimum as initial pay.
When appointment to the new post is made, -
(a)
(0) on his own request;
on account of discharge of a Sansthan employee owing to the abolition of his permanent post or owing to change in the
1.०९ nature of the duties of that post, and if he opts for acceptance of another appointment or transfer to another establishment even on a lower pay, if offered; and if the maximum of the time-scale of that post to which he is appointed or transferred, is less than his pay in respect of the old post, he will draw that maximum as initial pay:
Instructionl.- By the strict application of the above Regulation it may happen that Sansthan employee promoted and appointed to a higher post, he may draw a lower rate of pay in that post than another Sansthan employee junior to him in the lower grade but promoted and appointed subsequently to another identical post.
In such cases the pay of the senior Sansthan employee in the higher post should be stepped up to figure equal to the pay as fixed for the junior Sansthan employee in that higher post under regulation 28 with effect from the date of promotion of the junior Sansthan employee and it should be subject to following conditions viz.: -
(1) both, the junior and senior Sansthan employee should belong to one and the same cadre and the post in which they have been promoted or appointed, should be identical and in the same cadre and in the same line of promotion;
(it) the scales of pay of the lower and higher post in which they are entitled to draw pay should be identical;
(iii) the anomaly should be directly as a result of the application of this Regulation. For 110 example, if even in the lower post the junior Sansthan employee draws from time to time a higher rate of pay than the senior by virtue of fixation of pay under the normal Regulations or by grant of advance increments for any other reason, these provisions shall not be invoked to step up the pay of the senior Sansthan employee;
(iv) the next increment of the senior person whose pay has been stepped up should be drawn on completion of the requisite service with effect from the date of refixation of pay.
Instruction 2.- In case, a senior Sansthan employee promoted is drawing less pay than his junior promoted subsequently to another identical post, the pay of the senior Sansthan employee should be stepped up to a figure equal to the pay of his junior in that higher post under regulation 28 with effect from the date of promotion of his junior subject to the fulfillment of the conditions mentioned at clauses (i) to (iv) of instruction 1, above.