7. Fixation of pay in the revised pay structure at the time of migration.
(1)The pay of a Government employee who opts or is deemed to have opted under rule 6 to be governed by the revised pay structure with effect from 1st day of January, 2016 or a different date of migration shall, unless the Government by special order in any specific case otherwise directs, be fixed separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if such lien had not been suspended, and in respect of his pay in the officiating post held by him, in the following manner, namely:-(i)the pay in the applicable Level in the Pay Matrix shall be the pay obtained by multiplying the existing basic pay by a factor of 2.57, rounded off to the nearest rupee and the figure so arrived at shall be located in the respective Level in the Pay Matrix and if such an identical figure corresponds to any Cell in the applicable Level of the Pay Matrix, the same shall be the pay, and if no such Cell is available in the applicable Level, the pay shall be fixed at the immediate next higher Cell in that applicable Level of the Pay Matrix. (Illustration-I - See Schedule-V)(ii)if the minimum pay or the first Cell in the applicable Level is more than the amount arrived at as per sub-clause (i) above, the pay shall be fixed at minimum pay or the first Cell of that applicable Level. (Illustration-II - See Schedule-V)(2)Where in fixation of pay, the pay of Government employees drawing pay at two or more stages in the existing Pay Band and Grade Pay or scale, as the case may be, get fixed at same Cell in the applicable Level in the Pay Matrix, one additional increment shall be given for every two stages bunched and the pay of Government employee drawing higher pay in existing pay structure shall be fixed at the next vertical Cell in the applicable Level.Explanation. - For this purpose, the pay drawn by two Government employees in a given Pay Band and Grade Pay or scale where the higher pay is at least 3 percent more than the lower pay shall constitute two stages. Employees drawing pay where the difference is less than 3 percent shall not be entitled for this benefit.(3)If by stepping up of the pay as above, the pay of a Government employee gets fixed at a stage in the revised pay structure which is higher than the stage in the revised pay structure at which the pay of a Government employee who was drawing pay at the next higher stage or stages in the same existing pay structure gets fixed, the pay of the latter shall also be stepped up to the extent by which it falls short of that of the former.(4)Where in the fixation of pay under sub-rule (1), the pay of a Government employee, who, in the existing pay structure, was drawing immediately before the 1st day of January, 2016 pay greater than another Government employee junior to him in the same cadre, gets fixed in the revised pay structure in a Cell with pay lower than that of such junior, his pay shall be stepped up to the same Cell in the revised pay structure as that of his junior.(5)If a Government employee was under reduction of pay or stoppage of increment as a penalty on the 1st January 2016, his pay shall be fixed in the revised pay structure on the basis of emoluments he drew on the 1st January 2016 and he shall continue to draw the pay so fixed in the revised scale till the expiry of the period of penalty. His pay in the revised scale shall be refixed immediately following the date of expiry of the period of penalty with reference to the emoluments which he would have drawn on the 1st January, 2016 taking the fact into consideration whether the penalty awarded is with or without cumulative effect.Illustration. If a Government employees increment falling due on the 1st January, 2016 had been postponed for a year without cumulative effect, his actual present emoluments as on the 1st January 2016 would be the basis for determination of his revised pay with effect from the 1st January, 2016 and the pay so fixed shall be in force upto the 31st December 2016. However, for purpose of determination of his pay with effect from 1st January 2017 his pay on the 1st January 2016 shall be refixed notionally based on the present emoluments which he would have received on the 1st January 2016 but for his penalty and he will get the next increment on the 1st January 2017 from that stage.If, however, the penalty of stoppage of increment due on the 1st January 2016 had been awarded with cumulative effect, the revised pay shall be fixed based on the actual present emoluments as on the 1st January 2016. There shall be no refixation of pay in this case.
