Annual increment during probation period on promotion is restricted for what purpose

The public sector employees are eligible for annual increments on technical resignation under specific conditions, such as when appointed to a new post in another government department or service, and the previous service is counted for the new post's minimum eligibility, according to rules like Fundamental Rules (FR) 26 and CCS (RP) Rules, 2016.

 The employee's pay is protected and they receive increments on a presumptive pay of their previous post if it is higher than the new post's scale during probation. 

The primary condition is that the employee has been appointed to a new post in another Central Government department or service through direct recruitment. 

For the duration of the probation in the new post, the employee draws the presumptive pay of their previous post if it is higher than the minimum pay of the new scale.

Annual increments are drawn on this presumptive pay, as if they were still in the previous post.

Upon successful completion of probation and confirmation, the pay is fixed in the new post under the relevant Fundamental Rules, with the previously drawn increments taken into account

Pay protection under FR 22-B(1) is available if the government servant holds a lien on their previous permanent post. 

Admittedly, your pay has been fixed every time joined a new employer. Consequently, respective increment falls on completion of qualifying period from the date of such pay fixation.

Well advised by learned senior expert.

agreed but the 2nd CPSU has sought 3yrs experience ,which was the minimum eligibility criteria .and the same was fulfilled.

just for Example.

1cpsu annual increment is in August every year.

joined in 2nd CPSU in july 1st and resigned in january to join in 3rd CPSU.( where the probation period is one year in 2nd CPSU).

1.the legimate due of granting annual increment is to be fulfilled by 2nd CPSU since the employee is neither fresher, nor joined for a post for which experience is not sought.

2.in such case which CPSU is supposed to provide annual increment, there is the service continuity of the empoyee in all the 3cpsus? i mean when service continuity is there how the employee has to loose the annual increment inspite of getting selected by providing requiste experience for a post for which experience is sought

If you are aggrieved over the pay fixation and the subsequent increment and feel that your rights have been deprived, you may make a representation in writing to the department HOD or the competent authority through proper channel and get your grievances redressed. If the reply is not satisfactory you may contemplate to escalate the matter legally for remedy and relief.

Hi Mr. Murali, 

On the facts you have shared, your movement from the 1st CPSU to the 2nd CPSU and then to the 3rd CPSU was through proper channel by way of technical resignation, each time to a higher post with service continuity preserved. The 2nd CPSU extended pay protection and a notional increment at entry but placed you on probation for one year. During this probation your due date of annual increment, carried forward from the 1st CPSU’s last pay certificate, fell, yet the 2nd CPSU did not release the increment even though it also knew in writing of your impending joining in the 3rd CPSU and relieved you accordingly. The questions are whether the increment falling during probation was payable by the 2nd CPSU, whether any part of that benefit could be released after you cleared probation in the 3rd CPSU, and whether it ought to have been granted at the time of your technical resignation from the 2nd CPSU.

Under the governing framework of the Fundamental Rules, particularly FR 26 on counting past service for increments and FR 22B(1) on pay protection on movement through proper channel, read with the CCS (Revised Pay) Rules and the Department of Personnel and Training instructions on technical resignation, past service that is not interrupted and is accepted as qualifying service must be counted for the purposes of determining the next increment. Where the recruitment to the new post prescribed prior experience and the move was via proper channel with service continuity, the next increment is ordinarily due on the same cycle as if you had continued in the previous post, even if you are serving a probationary period in the new post. The fact of being on probation does not by itself extinguish the entitlement to an increment when the qualifying service requirement is met.

In your case, since the 2nd CPSU accepted your previous service to meet the eligibility condition and extended pay protection, it was obliged to release the increment on the due date falling during probation. The 3rd CPSU would fix your pay on the basis of the last pay actually drawn in the 2nd CPSU, so if the increment was never granted before your relief, it would not be automatically factored into your pay there unless the 2nd CPSU rectifies the omission. If the increment date fell before your last day of duty in the 2nd CPSU and you fulfilled all conditions under FR 26, the denial of the increment would be contrary to the rules.

The proper course for you is to submit a detailed representation to the competent authority in the 2nd CPSU, referring to FR 26, FR 22B(1), the CCS (Revised Pay) Rules, and the relevant Department of Personnel and Training office memoranda on technical resignation, requesting sanction of the increment and consequent refixation of pay. If your representation is rejected or remains unanswered, you may seek relief before the Central Administrative Tribunal for a direction to grant the increment and adjust your pay accordingly, ensuring the corrected pay is protected in the 3rd CPSU.

For further talks, connect with me at adv.vishesh@icloud.com

To my knowledge, a CPSU employee is not a Government servant and provisions of Fundamental Rules are of any application. May be, some aspects of their employment conditions are based on the same principles.

Also, generally, Central Administrative Tribunal has no jurisdiction over grievances of CPSU employees.

sir,

then where should the CPSU employee should appeal.?

Remedy lies in appraoaching a civil court or the High Court in WP. However, to the best of my knowledge and understanding, you are excited over an non-issue.