Section 7(9) in Jammu and Kashmir Civil Services (Revised) Pay Rules, 2018
(9)(i)In cases where a senior Government servant promoted to a higher post before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is promoted to the higher post on or after the 1st day of January, 2016, the pay of senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such stepping up shall be done with effect from the date of promotion of the junior Government servant subject to the fulfillment of the following conditions, namely :-(a)both the junior and the senior Government servants belong to the same cadre and the posts in which they have been promoted are identical in the same cadre ;(b)the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay are identical ;(c)the senior Government servant at the time of promotion is drawing equal or more pay than the junior ;(d)the anomaly is directly as a result of the application of the provisions of these rules or Article 77(B) of J&K CSRs or any other rule or order regulating pay fixation on such promotion in the revised pay structure :Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub-rule shall not be invoked to step up the pay of the senior officer.(ii)The order relating to re-fixation of the pay of the senior officer in accordance with clause (i) shall be issued under Government Instruction No. 4 below Article 77-B of Jammu and Kashmir Civil Service Regulations and the senior officer shall be entitled to the next increment on completion of his required qualifying service with effect from the date of re-fixation of pay.
