Save as otherwise provided in these rules, a Government servant
shall draw pay in the Level in the revised pay structure applicable to the post
to which he is appointed:
Provided that a Government servant may elect to continue to draw
pay in the existing pay structure until the date on which he earns his next or
any subsequent increment in the existing pay structure or until he vacates his
post or ceases to draw pay in the existing pay structure:
Provided further that in cases where a Government servant has been
placed in a higher grade pay or scale between 1st day of January, 2016 and the
date of notification of these rules on account of promotion or upgradation, the
Government servant may elect to switch over to the revised pay structure from
the date of such promotion or upgradation, as the case may be.
Explanation 1 - The option to retain the existing pay structure under the
provisos to this rule shall be admissible only in respect of one existing Pay
Band and Grade Pay or scale.
Explanation 2 - The aforesaid option shall not be admissible to any person
appointed to a post for the first time in Government service or by transfer
from another post on or after the 1st day of January, 2016, and he shall be
allowed pay only in the revised pay structure.
Explanation 3 - Where a
Government servant exercises the option under the provisos to this rule to
retain the existing pay structure of a post held by him in an officiating
capacity on a regular basis for the purpose of regulation of pay in that pay
structure under Fundamental Rule 22, or under any other rule or order applicable
to that post, his substantive pay shall be substantive pay which he would have
drawn had he retained the existing pay structure in respect of the permanent
post on which he holds a lien or would have held a lien had his lien not been
suspended or the pay of the officiating post which has acquired the character
of substantive pay in accordance with any order for the time being in force,
whichever is higher.
