murali (asst manager) 30 August 2025

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

While I was in 1st CPSU, I applied through proper channel to 2nd CPSU & 3rd CPSU simultaneously.

1. I made Technical Resignation in 1st CPSU & Joined to higher post in 2nd CPSU.

2nd CPSU gave pay protection & notional increment for joining in higher post.

Probation period in 2nd CPSU is one year.

In the meantime of probation period in 2nd CPSU, I got the opportunity to join in 3rd CPSU in higher post than 2nd CPSU.

Since 2nd CPSU is writtenly aware that I have obligation with 3rd CPSU & 2nd CPSU has accepted my Technical Resignation & relieved me to join in 3rd CPSU.

My date of Annual Increment falls in the probation period of 2nd CPSU (date of Annual Increment forwarded by 1st CPSU in its last pay certificate to 2nd CPSU).

But 2nd CPSU has not given me annual increment.

Since 2nd CPSU is writtenly aware that I have obligation with 3rd CPSU prior my joining in 2nd CPSU & 2nd CPSU has also accepted my Technical Resignation to join in 3rd CPSU,

1. whether 2nd CPSU has to give the Annual Increment which falls in the probation period of 2nd CPSU or not?

2. After clearing the probation period in 3rd CPSU?

3. annual increment to be given at the time of technical resignation from 2nd CPSU?

please provide relevent circulars/cases or judgements

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T. Kalaiselvan, Advocate (Advocate) 31 August 2025

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.