PAY FIXATION RULES

1.  TITLE AND COMMENCEMENT
These rules will be called "SJVN Pay Fixation Rules".

2.  APPLICABILITY:
The rules shall be applicable to all employees appointed to posts in the regular establishment of the Company including:

• Probationers;

• Lien Holders;
• Deputationists on foreign service terms; and 

But shall not be applicable to:

• Apprentices engaged under the Apprentices Act, 1961.

• Muster roll, Daily rated, Casual, Badli or Substitute employees;
• Apprentices/Trainees on fixed stipend/remuneration engaged under Company’s own Training Schemes
• Those appointed on consolidated salary.

3.1.  Direct Recruitee
The initial basic pay of an employee newly appointed to a post under the Company shall be fixed at the minimum of the scale of pay to which he is appointed, except in the following cases:

1. After carrying out due process of selection if departmental candidates selected for higher posts which involves higher responsibilities and pay scales his Pay will be fixed as on promotion.

2. In the case of person who are already in employment with the Central Government, State governments, Public sector Undertakings or other Public bodies, pay on appointment to a post under the Company will be fixed at the stage in the scale that total emoluments (comprising of pay and DA) being drawn in the previous employment are protected and if there is no corresponding stage in the scale, at the next higher stage. Herein pay includes Basic Pay, Interim Relief/Adhoc pay, NPA and Personal Pay.

3. Over and above to para (ii) above maximum 5 increments may be granted with the approval of Appointing Authority by considering following:

1. One increment if next increment is due within three months.
2. Abundance/Scarcity in a discipline viz-a-viz the requirement of Company.
3. Recommendation of Selection Committee on the basis of performance in the interview.
4. Any other aspects.

3.2 Re-employed Pensioners
3.2.1 No protection of the scales of pay of the post held by them prior to retirement shall be given.

3.2.2 In all cases where the pension is fully ignored, the initial pay on reemployment shall be fixed at the minimum of the scale of pay of the reemployed post.

3.2.3 In cases where the entire pension and pensionary benefits are not ignored for pay fixation, the initial pay on reemployment shall be fixed at the same stage as the last pay drawn before retirement. If there is no such stage in the reemployed post, the pay shall be fixed at the stage below that pay. If the maximum of the pay scale in which a pensioner is reemployed is less than the last pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of the reemployed post. Similarly, if the minimum of the scale of the pay in which a pensioner is reemployed is more than the last pay drawn by him before retirement his initial pay shall be fixed at the minimum of the scale of pay of the reemployed post. However, in all these cases, non-ignorable part of the pension shall be reduced from the pay so fixed.

3.2.4 The reemployed pensioner will in addition to pay as fixed under Rule 3.2.3 above shall be permitted to draw separately any pension sanctioned to him and to retain any other form of retirement benefits.

3.2.5 In the case of persons retiring before attaining the age of 55 years and who are reemployed, pension (excluding pension equivalent of gratuity) shall be ignored for initial pay fixation to the following extent:

i) In the case of Service Officers and officers holding Group ‘A’ posts on the civil side, the first Rs. 1500/- of pension; and

ii) In the case of service personnel below Commissioned officer rank and Officer holding Group ‘B’ or lower post on the civil side at the time of retirement, the entire pension.

3.2.6 Re-employed Pensioners means a pensioner who have superannuated or voluntary retired or discharged before appointment in SJVNL but does not include separation on account of resignation.

3.3.1 For deputationists from Central government
Pay of the employees of central government appointed in the corporation on deputation to posts carrying same / higher scale of pay shall be fixed in accordance with the deputation/ Foreign Service rules of the Central Government as amended from time to time. The present rules regarding pay fixation of the Govt. are detailed at Appendix-I.

3.3.2 For deputationists from other than Central government
3.3.2.1 The terms and conditions of deputation will be decided by mutual agreement between the lending organization, employee concerned and the SJVN. On the basis of agreement, if an employee opts for pay scales of SJVN within one month of deputation, the pay will be fixed in the following manner.

3.3.2.2 The pay in the scale of pay under SJVN will be fixed at a stage equal to “Total Pay”. If there is no such stage the pay will be fixed at the stage in the scale immediately next higher stage. In no case, the pay thus fixed should exceed the maximum of the pay scale. Total pay falling short of the minimum of the scale, the pay will be fixed at the minimum.

3.3.2.3 Special pay and local/compensatory allowance, house rent allowance, project allowance, conveyance allowance or any other allowances or perquisites of any nature shall not be taken into account.

3.3.2.4 When an employee on deputation to the Company gets a promotion in his parent department/organization or if the scale of pay of the post in his parent department/organization or SJVN undergoes a change, the pay of the employee shall be refixed in the scale of the Company with effect from that date in accordance with the formula given above by taking into account his basic pay and other elements mentioned above in his parent department/organization on that date, if however, such refixation of pay is not beneficial to the employee, he may continue to draw his existing pay and allowances in the SJVN scale.

3.3.2.5 However in case of promotion from one grade to another in SJVN, made with the prior concurrence of the parent department/organization pay will be refixed in accordance with the pay fixation rules of SJVN, taking into account the pay drawn by him in the SJVN before promotion. In the event of a reduction in rank of the employee in the parent department/organization while on deputation to SJVN the employee shall continue to draw the pay and allowances already fixed in the SJVN scale, so long as he continues to hold a post in the same grade in SJVN

3.4 Lien Holder.
3.4.1 For employees who keep a lien in their parent Department:-
a.  In the case of incumbents who join the corporation from Central government after retaining their lien their pay shall be fixed initially as per Government of India Orders. However, on termination of lien with the parent organization their pay will be refixed from the date of their joining the Corporation with reference to the recommendation of the Selection committee as approved by the Appointing authority but no arrears shall be paid for the period unto the date of termination of lien in the Parent Department.

b.  In the case of employees drawn from State Governments, Central / State Government Undertakings, where there is no objection from the concerned parent departments / organizations, they will be allowed the Pay as recommended by the Selection Committee (and approved by the Appointing authority) at the time of Selection, from the date of joining the Company, irrespective of the fact whether they retain a lien or not, in their parent department. Where however, the parent department objects, to the fixation of pay as above, the principle detailed in para (a) above will be followed.

3.5 Deputationists on absorption.
3.5.1 At the time of absorption the pay of an employee who had opted for his parent pay scale while on deputation to SJVN shall be fixed in the similar manner as indicated in rule 3.3.2.1 to3.3.2.2. However, in cases where such fixation of pay on permanent absorption results in drop in the emoluments drawn by the employee, the difference between the pay so fixed and pay plus Deputation (Duty) Allowance drawn prior to absorption may be allowed as Personal Adjustment out of which first 500 will be absorbed in future increases in pay. In case, an employee absorbed after 4 years of deputation (when no Deputation Allowance is admissible) pay be fixed by restricting to Pay + Deputation Allowance which the employees would have got immediately before permanent absorption had it not been discontinued at the end of 4th year of deputation. Here pay means basic and or DA.

4.  Fixation of Pay on Promotion:
4.1.1 When an employee is promoted to the next higher post/scale of pay, his basic pay in the promoted Pay Scale shall be fixed at a stage next above the pay notionally arrived at by increasing his pay in the pre-promoted scale of pay by one increment.

Provided that if an employee is promoted from S4 to E1 level before completing 3 years period at S4 level, no promotional benefit shall be allowed and only placement in higher post/scale of pay shall be considered by protecting pay drawn by the employees at S4 level. Similarly, employees at W7 and above level is promoted to S1 level before completing eligibility period, no promotional benefit will be allowed and pay fixation will be done by protecting pay.

4.1.2 If an employee is drawing pay at the maximum or higher than the maximum of the pre-promotional scale, his pay will also be fixed in the manner indicated above by adding one notional increment at the rate of last increment in the pre-promotion scale. If pay fixed in such a manner happens to be more than the maximum of the promoted pay scales, the pay shall be fixed at the maximum of the promoted scale of pay and difference shall be allowed as Personal Pay which will be treated as Basic Pay for all purposes to be absorbed in future promotion/revision.

4.1.3 If the date of annual increment in the pre-promotion scale of an employee happens to coincide with his date of promotion, his pay in the pre-promotion pay scale, to be reckoned for the purpose of pay fixation referred to in rule 4.1.2 above, will be the pay which would have been his pay after drawl of increment.

4.1.4 In case pay fixed in above manner happens to be lower than minimum of Promotional Scale, the pay scale be fixed at the minimum of the Promotional Scale.

4.1.5 In case of proforma promotion, pay shall be fixed in manner as specified under Clause 4.1.1, 4.1.2, 4.1.3 & 4.1.4 from the date of promotion. However, no arrear shall be paid for deputation period.

4.2 Provision regarding departmental trainees:
4.2.1 A departmental trainee i.e. serving employee of the company subsequently selected as Trainee/Apprentice under the Company’s own Training Scheme will be allowed the same stipend as admissible to other trainees of his category.

Provided, however, that where the stipend is less than the sum total of his pay and dearness allowance which he would have drawn, the same will be protected.

4.2.2 The pay of a departmental trainee, on successful completion of his training, will be fixed at the minimum of the pay scale of the post in which he is regularized.

Provided, however, that where the basic pay which he would have drawn in the lower post/scale is more than the minimum of the pay scale, the pay will be fixed at the corresponding stage if it coincides with a stage in the higher pay scale and at the next higher stage if it does not so coincide.

5.  Fixation of pay on reduction to lower post/scale of pay.
In case of reduction to a lower post/scale of pay as a measure of penalty, transfer to a lower post/scale of pay on written request of the employee, re-employment in a lower post/scale of pay as a measure of rehabilitation on account of being declared medically unfit for holding/discharging the duties of the previous post or other wise, the pay of an employee will be fixed in the lower scale of pay in such a manner that pay drawn in the previous post is protected subject to the condition that it would not exceed the maximum of the pay scale of the lower post. If there is no appropriate stage in the lower scale of pay, the pay will be fixed at next lower stage and the difference will be paid as Personal Pay, not to be absorbed in future increments.

6.0 Drawl of Increment.
1.  The following will count for increment.

• service rendered in a post in equivalent or higher grade;
• all kinds of leave other than Extra Ordinary Leave.
• joining time in continuation of duty;
• joining time in continuation of leave if the last day of the leave immediately before the commencement of joining time counts for increment in the post; and
• oreign service.

2.  The following shall not count for increment:

• EOL for (3) three months or more on any account including on Medical ground.
• Period for suspension unless ordered otherwise by the disciplinary/appellate/reviewing authority;
• Period of overstayal of sanctioned leave unless regularized by grant of leave; and
• Period of overstayal of joining time unless regularized by grant of leave.

3.  The first increment in a scale of pay shall be drawn from the first date of the quarter (referred to as standard dates hereinafter) falling in the next calendar year as detailed below:

Provided that where the appointment/promotion is subject to probation for a specified period, the increment shall be granted only after satisfactory completion of probation, but from the dates as applicable and as indicated above.

Provided further that where completion of probation period is held up due to want of satisfactory reports about character and antecedents and/or medical examination reports, an employee may be granted annual increment at the discretion of the management if the delay in getting medical/character and antecedents reports is not directly attributable to the employee concerned.

6.3.1 In case of extension of the period of probation, no increment shall be granted till probation is satisfactorily completed. In case probation has been extended for three months or more but less than 6 (six) months, the date of increment will be shifted from 1st January to 1st April, 1st April to 1st July, 1st July to 1st October and 1st October to 1st January as the case may be. The same principle will be followed for the period of Probation Extension in excess of three months of six months, nine months or one year and so on.

6.3.2 In respect of a departmental trainee who is allowed protection of basic pay and dearness allowance in terms of rule 4.3 annual increments(s) occurring during the period of training will be regulated in a manner as if he continues to hold his previous post.

6.3.3. EOL taken on any account including on medical ground will not count for increment. In case, where the Extra-ordinary Leave is 3 (three) months or more but less than 6(six) months during incremental year to which the increment pertains, the date of increment will be shifted from 1st January to 1st April, 1st April to 1st July, 1st July to 1st October and 1st October to 1st January as the case may be. The same principle will be followed for the period of EOL in excess of three months of six months, nine months or one year and so on.

6.3.4. In case of stoppage/withholding of increment as a measure of penalty for a specified period, no increment will accrue during such period, on the expiry of the specified period, the employee will draw the pay which would have been drawn by him had no such penalty been imposed unless the punishment order states that the penalty will have a cumulative effect. If the punishment order states that it will have cumulative effect, then on the expiry of the period of penalty, the employee shall not be allowed the increment which he would have drawn. In other words, he will be allowed the increment at the rate next to the pay drawn by him, after the expiry of the period of penalty.

6.3.5 In case of reduction to a lower post/ scale of pay as a measure of penalty, the next increment in the lower post/scale of pay will be drawn on his usual increment date. In other words the pay of the employee will be raised by one increment from the stage to which his pay had been reduced due to imposition of penalty on his usual increment date in the time scale.

6.3.6 In case of reduction to a lower post/scale of pay for a specified period as a measure of penalty, the next increment will be drawn as per rule 6.3.5. However at the time of restoration Disciplinary Authority may decide to fix the pay in the following manners.

• The Pay of employee be fixed at the same stage to which he would have been entitled to had no such penalty been imposed. 
  Or
• The pay of the employee be fixed by not treating the period of reduction for notional increment of restored post/scale of pay subject to protection of pay drawn by employee in lower post/scale of pay at the time of restoration. If there is no appropriate stage in the scale of pay to which he is restored, the pay will be fixed at next higher stage.

6.3.7 If an order of penalty of stoppage/withholding or increments or reduction to lower stage in a time scale or reduction to a lower post/scale of pay is modified by the competent/appellate/reviewing authority on appeal or review the period from the effective date of imposition of such penalty by the disciplinary authority to the date on which the order of penalty is modified will count for the purpose of increment in the post/scale of pay which he was holding immediately before imposition of the penalty or in other post which he would have held but for the order of penalty, to the extent the modified order permits of such counting.

6.3.8 If an order of penalty of stoppage/withholding of increments or reduction to a lower stage in a time scale or reduction to a lower post/scale of pay is set aside by the Appellate/Reviewing Authority on appeal or review, service rendered by an employee at the stage the increment was stopped/withheld or in the lower stage in the time scale or in the lower post/scale of pay from the effective date of imposition of such penalty to the date on which the order of penalty is set aside will count for increment in the post/scale of pay which he was holding immediately prior to imposition of the penalty provided that he would have continued to hold that post/scale of pay but for the order of penalty.

6.4 Notwithstanding anything contained hereinbefore, the first increment in case of deputationists, in whose case the pay fixation on absorption is done on the basis of pay drawn in parent pay scale immediately before the date of absorption, shall be drawn from the relevant standard dates with reference to their respective date of drawl increment in the parent pay scale immediately prior to their effective date of absorption.

6.4.1 If an employee at the time of absorption has already drawn increment in the Parent Pay in respect of quarter as specified in Column No. 1 of the table under Rule 6.3, in such cases next increment will be drawn as per Rule 6.3.

6.4.2 Further at the time of absorption the increment is due in Parent Pay within the quarter in which employee absorbed in SJVN in such cases the increment may be allowed at the time of joining and the next increment will be drawn in SJVN as per Rule 6.3.

6.4.3 The second and subsequent increments in a scale of pay shall be drawn on completion of one year’s service from drawl of the last increment from either of the four standard dates as mentioned earlier.

6.5 An employee who stagnates at the top of his pay scale will be allowed one increment at the rate of last increment in his pay scale on completion of two occasions on which he would have been entitled for increments. The number of increments to be so granted shall be limited to the maximum of 3 in a particular scale of pay provided the employee is otherwise eligible for grant of such increment but for his stagnating at the maximum of the pay scale.

Provided further that his stagnation does not arise out of his reduction to a lower post/scale of pay for any reason whatsoever or due to his refusal to accept the promotion offered to him.

6.6 Annual increments wherever applicable will be drawn as a matter of course by the concerned Finance and Accounts Department unless it is withheld by specific order in writing of the competent authority. In the case of probationers the first increment shall be granted only on a specific order/communication from the concerned Personnel Department.

6.7 Treatment of Special Increment for promoting Small Family Norms
The Special Increment drawn by the employees in parent/previous organization cadre for promoting Small Family Norms before absorption to SJVN/appointment shall be paid at the same rate as drawn by employee in parent/previous organization. However, SJVN shall consider revision in rate of special increment in case same is revised in parent/previous organization of the employees.

7.0 Removal of anomalies in pay fixation
1.  If an employee promoted to a post draws a lower rate of pay in that post in relation to another employee junior to him in the lower grade and promoted subsequently to the same higher post, the pay of the senior employee in the higher post will be stepped upto a figure equal to the pay fixed for the junior employee in that higher post. This will be done with effect from the date of promotion of junior employee and shall be subject to the following conditions.

1. the anomaly has arisen directly as a result of the application of normal pay fixation rules;

2. the scales of pay of the corresponding lower and the higher posts of both the senior and junior employees are identical.

3. Both the junior and the senior employees should belong to the same cadre and line of promotion and the posts in which they have been promoted are identical and in the same line of promotion:

4. The employee whose pay is to be stepped up is senior both in the higher as well as the lower posts/scale of pay; and

5. The benefit of stepping up can be allowed to the senior employee only if he was not drawing or would not have been drawn less pay in the lower post than his junior. For this purpose, comparison of pay has to be made first in the lower post when an anomaly arises in the higher post. A notional figure for the senior employee is to be arrived at in the lower post and then compared with his junior in the lower grade just before the promotion.

Provided that provision contained in these rules shall not be invoked if in the lower post the junior employee drew a higher rate of pay than his senior.

2.  If any employee promoted to a post draws a lower rate of pay in that post in relation to the pay he would have drawn in the lower post but for his promotion, his pay will be stepped up by one increment in the higher post/scale of pay. This will be done with effect from due date of his increment in the lower post/scale of pay.

3.  In cases where the pay is stepped up under the above rules or under the provisions contained elsewhere under these rules, the next annual increment subsequent to the date of which pay is so stepped up shall be drawn only from the relevant standard date falling in the next calendar year and not from the original due date of increment.

8.  General
1.  Fixation of pay shall be the responsibility of the concerned Personnel Department. However, in cases of pay fixation on a deputationist/lien holder and appointment of re-employment pensioners, the concerned Personnel Department will fix the pay in consultation with Corporate Personnel Department

2.  Incase of any doubt in regard to interpretation of any provision of these rules and also in respect of cases not covered by these rules, the matter will be referred to CMD/D(P) whose decision shall be final and binding.

Appendix-I

1.  Exercise of option:
1.  An employee appointed on deputation may elect to draw either the pay in scale of pay SJVN or his basic pay in the parent cadre plus Deputation (Duty) Allowance thereon plus personal pay, if any.

2.  The SJVN should obtain the option of the employee within one month from the date of joining in SJVN unless the employee has himself furnished the option.

3.  The option once exercised shall be final. However, the employees may revise the option under the following circumstances which will be effective from the date of occurrence of the same:-

1. When he receives proforma promotion or is appointed to non-functional selection grade in his parent cadre;
2. When he is reverted to a lower grade in his parent cadre;
3. When the scale of pay of the parent post on the basis of which his

Note:- Revision in the rates of DA, HRA or other allowances either in the parent or borrowing organization shall not be an occasion for revision of the earlier option.

4.  If the pay of an employee in his cadre post undergoes downward revision, the pay in the SJVN post is also liable to be refixed on the basis of revised pay and in accordance with the revised option or existing option, if the employee does not revise his option.

2.  Pay fixation.
1.  When an employee on deputation elects to draw pay in the scale of pay of SJVN, his pay shall be fixed as under:

1. When the pay scale of the post in the parent cadre and that attached to ex-cadre post are based on same index level and the DA pattern is also same, the pay may be fixed under the normal fundamental rules.

2. If the appointment is made from a post whose pay structure and/or DA pattern is dissimilar to that in the parent organization, pay may be fixed by adding to his grade pay, one increment in his scale of his regular parent post (and if he was drawing pay at the maximum of the scale, by the increment last drawn) and equating the pay so raised plus dearness allowance (and additional or adhoc dearness allowance, interim relief, etc., if any) with emoluments comprising of Pay plus DA, ADA, Interim Relief, etc., if any, admissible in the borrowing organization and the pay may be fixed at the stage in the pay scale of the ex-cadre post at which total emoluments admissible in ex-cadre post as above equal the emoluments drawn in the cadre and if there is no such stage, the pay may be fixed at the next higher stage;

3. Pay fixed under (i) and (ii) shall neither be less than the minimum of the scale of the ex-cadre post nor shall it exceed the maximum of that scale.

3.  Deputation (Duty) Allowance.
1.  The deputation(duty) allowance admissible shall be at the following rates:-

• 5% of the employee’s basic pay, subject to a maximum of Rs. 500 p.m. when the deputation is with in the same station;
• 10% of the employee’s basic pay, subject to a maximum of Rs. 1,000/- p.m. in all other cases.

The Deputation (Duty) Allowance as above shall be further restricted as under-

1. Pay plus Deputation (Duty) Allowance does not exceed the maximum of scale of pay of ex-cadre post;
2. In the cases where pay scales are dissimilar, then pay plus Deputation (Duty) Allowance plus DA/ADA/IR etc., does not exceeds the pay at the maximum of Ex-cadre post plus DA and IR, etc., thereon.
3. Pay plus Deputation (Duty) Allownace as above shall at no time exceed Rs. 22,400 p.m.

2.  Whenever extension of the period of deputation for the fifth year or the second year in excess of the period prescribed in the Recruitment Rules is granted, it would be on the specific understanding that the officer would not be entitled to draw Deputation( Duty) Allowance. The officers who opted to draw pay in the scale of the ex-cadre post shall, however, continue to draw pay in that scale during the extended tenure also.

3.  In cases where a person on deputation/foreign service is transferred by the borrowing authority from one station to another without any change in the post held by him, the rate of Deputation (Duty) Allowance will remain the same as was decided at the time of initial posting and will not undergo nay change.

Note:- The provisions contained in the Annexure are the summary of Central Government Rules regarding fixation of pay of deputationists during the period of deputation. These may be considered only as a guide. Detailed rules and regulations on the subject are contained in Appendix-5 of FRSR – Part-1 (15th Edition of Swami’s Compilation) as amended from time to time which may be referred to for further guidance.