Admissibility of Pay Protection: If a Government employee while officiating in a higher post draws pay at a rate higher than his Senior Officer either due to fixation of his pay in the higher post under the normal rules, or due to revision of pay scales, the pay of the Government employee senior to him shall be re-fixed at the same stage and from the same date his junior draws the higher rate of pay irrespective of whether the lien in the lower post held by the Senior Officer is terminated at the time of re-fixation of pay, subject to the conditions that both the Senior and Junior Officers should belong to the same cadre and the pay scale of the posts in which they have been promoted are also identical.
The benefit of this rule shall not be admissible in case where a senior Government employee exercises his option to retain un-revised scale of pay, or where the pay drawn by the senior officer in the lower post before promotion to the higher post was also less than that of his junior. (Rule 55(4) of WBSR)
What to do?
Each individual case of disparity of pay of the senior Government employee, caused due to introduction of the Career Advancement Scheme, be examined carefully with reference to the following papers and referred to the Finance Department through the respective administrative department together with the views of the administrative department for decision:-
- Service Book (s) of both the senior and junior Government employees, and,
- Statement showing the particulars in detail in respect of service rendered and pay drawn both by the senior and junior Government employees right from the date of their appointment under Government.
A little more:-
A purely fortuitous officiating promotion given to an officer who is junior to an officer outside the regular line does not in itself give rise to any claim.
A Government employee under training instruction in India / abroad and whose absence has been treated as the period spent on duty, may be promoted to the next higher grade with effect from the date he would have been so promoted had he not proceeded on training instruction provided the following conditions are fulfilled:-
- be had been, approved for promotion to the next higher grade; and
- all his seniors, except those regarded as unfit for promotion to the particular higher grade, available have been promoted to that grade.
He may also be allowed to draw such officiating pay in the next higher grade which he would have drawn from time to time had he been on duty other than duty.
On an enhancement in the grade pay of the lower post as a result of increment or otherwise, the pay of such Government employee shall be re-fixed from the date of such enhancement as if he was appointed to officiate in that post on that date where such re-fixation is to his advantage. Provided that such lower officiating post was held for not less than 3 years or would have been so held but for officiating in other higher cadre posts; Provided further that the provisions in Rule 42A(1) of WBSR shall not be applicable in the matter of re-fixation of pay.