Section 4(1) in The Indian Police Service (Pay) Rules, 2007
(1)The initial pay of a member of the Service who opts or deemed to have opted in accordance with these rules, to be governed by the revised scale on and from the 1st day of January, 1996 or from a later date, which shall be re-fixed as from that date separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien had it not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely,-(A)in the cases of all members of the Service,-(i)an amount representing forty per cent of the basic pay in the existing scale shall be added to the existing emoluments' of the member of the Service;(ii)after the existing emoluments have been so increased, the pay shall thereafter be fixed in the revised scale at the stage next above the amount computed:Provided that -(a)if the minimum of the revised scale is more than the amount so arrived at, the pay shall be fixed at the minimum of the revised scale;(b)if the amount so arrived at is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale:Provided further that where in the fixation of pay, the pay of a member of the Service drawing pay at more than four consecutive stages in an existing scale gets bunched, that is, gets fixed in the revised scale at the same stage, the pay in the revised scale of such member of the Service who is drawing pay beyond the first four consecutive stages in the existing scale shall be stepped up to the stage where such bunching occurs, by the grant of increments in the revised scale in the following manner, namely:-(a)for a member of the Service drawing pay from the 5th up to the 8th stage in the existing scale, by one increment;(b)for a member of the Service drawing pay from the 9th up to the 12th stage in the existing scale, if there is bunching beyond the 8th stage, by two increments;(c)for a member of the Service drawing pay from the 13th up to the 16th stage in the existing scale, if there is bunching beyond the 12th stage, by three increments.If by stepping up of the pay as referred to above, the pay of a member of the Service gets fixed at the stage in the revised scale which is higher than the stage in the revised scale at which the pay of a member of the Service who was drawing pay at the next higher stage or stages in the same existing scale is fixed, the pay of the latter shall also be stepped up to the extent by which it falls short of that of the former:Provided also that while fixing the pay it shall be ensured that every member of the Service shall get at least one increment in the revised scale of pay for every three increments (inclusive of stagnation increments), if any, in the existing scale of pay.Explanation. - For the purposes of this clause, "existing emoluments" shall include-(a)the basic pay in the existing scale;(b)dearness allowance appropriate to the basic pay admissible at index average 1510 (1960 = 100); and(c)the amounts of first and second instalments of interim relief admissible on the basic pay in the existing scale.(B)in the case of a member of the Service who is in receipt of special pay component with any other nomenclature in addition to the pay in the existing scale, such as personal pay for promoting small family norms, Central (deputation on tenure) Allowance, etc., and in whose case the same has been replaced in the revised scale with corresponding allowance or pay at the same rate or at a different rates, the pay in the revised scale shall be fixed in accordance with the provisions of clause (A) and in such cases, the allowance at the new rate as recommended, shall be drawn in addition to the pay in the revised scale of pay.Note 1: Where the increment of a member of the Service falls on 1st day of January, 1996, he shall have an option to draw the increment in the existing scale or the revised scale.Note 2: Where a member of the Service is on leave other than the Study Leave granted under the All India Services (Study Leave) Regulations, 1960, on the 1st day of January, 1996, he shall become entitled to pay in the revised scale of pay from the date he resumes duty and in case of a member of the Service under suspension, he shall continue to draw the subsistence allowance based on the existing scale of pay and his pay in the revised scale of pay will be subject to the final order in the pending disciplinary proceedings.Note 3: Where the existing emoluments as calculated in accordance with clause (A) or clause (B), as the case may be, exceed the revised emoluments in the case of any member of the Service, the difference shall be allowed as personal pay to be absorbed in future increases in pay.Note 4: Where in the fixation of pay under these rules, pay of a member of the Service who in the existing scale was drawing immediately before the 1st day of January, 1996, more pay than another member of the Service junior to him in the same cadre, gets fixed in the revised scale at a stage lower than that of such junior, his pay shall be stepped up to the same stage in the revised scale as that of the junior.Note 5: Where a member of the Service is in receipt of personal pay on the 1st day of January, 1996, which together with his existing emoluments as calculated in accordance with clause (A) or clause (B), as the case may be, exceeds the revised emoluments, then, the difference representing such excess shall be allowed to such member of the Service as personal pay to be absorbed in future increases in pay.Note 6: Where a senior member of the Service is promoted to a higher post before the 1st day of January, 1996 and is drawing less pay in the revised scale than his junior who is promoted to the higher post on or after the 1st day of January, 1996, the pay of the senior member of the Service shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and the stepping up shall be done with effect from the date at promotion of the junior member of the Service subject to the fulfilment of the following conditions, namely:-(a)both the junior and the senior member of the Service shall belong to the same cadre and the post in which they have been promoted shall be identical in the same cadre;(b)the pre-revised and revised scale of pay of the lower and higher posts in which they are entitled to draw pay shall be identical;(c)the senior member of the Service at the time of promotion has been drawing equal or more pay than the junior; and(d)the anomaly shall be directly as a result of the application of the provisions of this clause. If even in the lower post, the junior officer was drawing more pay in the pre-revised scale than the senior by virtue of any advance increments granted to him, provisions of this clause need not be invoked to step up the pay of the senior member of the Service.Note 7: The order relating to re-fixation of the pay of the senior member of the Service in accordance with the above provisions shall be issued under the relevant rules and the senior member of the Service shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.Note 8: Subject to the provisions of sub-rule (1) of rule 3, if the pay as fixed in the officiating post under this rule is lower than the pay fixed in the substantive post, the former shall be fixed at the stage next above the substantive pay.Note 9: In the case of a member of the Service who is in receipt of personal pay for passing Hindi Pragya and such other examinations under the Hindi Teaching Scheme prior to the 1st day of January, 1996, while the personal pay shall not be taken into account for the purpose of fixation of initial pay in the revised scale, he shall continue to draw personal pay after fixation of his pay in the revised scale on and from the 1st day of January, 1996 or Subsequently for the period for which he would have drawn it but for the fixation of his pay in the revised scale and the quantum of such personal pay shall be paid at the appropriate rate of increment in the revised scale from the date of fixation of pay for the period for which the member of the Service would have continued to draw it.Explanation. - For the purposes of this rule, "appropriate rate of increment in the revised scale" means the amount of increment admissible at and immediately beyond the stage at which the pay of the member of the Service is fixed in the revised scale.(C)Where a member of the Service continues to draw his pay in the existing scale and opts for revised scale from a date later than the 1st day of January, 1996, his pay from the later date in the revised scale shall be fixed under these rules and for this purpose his pay in the existing scale shall be the same as of existing emoluments as calculated in accordance with clause (A) or clause (B), as the case may be, subject to the conditions that the basic pay to be taken into account for calculation of those emoluments shall be the basic pay on the later date and where the member of the Service is in receipt of special allowance, his pay shall be fixed after deducting from those emoluments an amount equal to the special allowance at the revised rates appropriate to the emoluments so calculated.
