Section 38(2) in West Bengal Municipal (Employees' Service) Rules, 2010
(2)On an enhancement in the grade pay of the lower post as a result of increment or otherwise, the pay of such employee shall be re-fixed under sub-rule (1) from the date of such enhancement as if he were 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 three (3) years or would have been so held for officiating in other higher posts :Provided further that the provisions of sub-rule (1) of rule 29 shall not be applicable in the matter of re-fixation of pay under sub-rule (2) of this rule.
