(1)Where in the fixation of pay in the revised pay structure upon appointment or promotion to a higher post, pay of a Government employee gets fixed higher than that of a Government employee senior to him, who has been promoted earlier to the same higher post in the same cadre, the pay of such senior Government employee in the revised pay structure shall be stepped up to the same Cell in the revised pay structure as that of his junior in that higher post and such stepping up shall be done with effect from the date of promotion of the junior Government employee subject to the fulfilment of the following conditions, namely:-(a)both the junior and the senior Government employees should 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 employees at the time of promotion should have drawn equal or more pay than the junior;(d)the anomaly should have arisen directly as a result of the application of the provisions of Fundamental Rules or any other rule or order regulating pay fixation on such promotion in the revised pay structure;Provided that where the pay of the junior employee is greater than that of the senior on account 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 employee.(2)The order relating to re-fixation of the pay of the senior employee in accordance with sub rule (1) shall be issued under the provisions of Fundamental Rules and the senior employee shall be entitled to the next increment on completion of the required qualifying service one year with effect from the date of re-fixation of pay.
