F.R. 22

[(1) When a Government servant is appointed to officiate in a post on a time-scale of pay but has his pay fixed below the minimum of the time scale under F.R. 35, he must not be treated as having effectually officiated in that post within the meaning of Rule 22, or having rendered duty in it within the meaning of Rule 26 ; such an officer on confirmation, should have his initial pay fixed under Rule 22(a) and draw the next increment after he has put in duty for the usual period required calculated from the date of his confirmation].

[Paragraph 12(ii), Chapter IV, Section 1 of Manual of Audit Instructions (Reprint)]

[(2) In the case of a Government servant appointed substantively to a post in which he had previously officiated and whose present substantive pay is the same as the pay which he drew when last officiating, old Rule 22(b) laid down that he should draw an initial pay equal to that pay and count for increment in that stage the period during which he was drawing that pay. But the position has been servant when appointed to a post substantively while officiating in it is entitled to have his pay fixed anew under the revised Rule 22 with reference to his substantive pay at the time in respect of his old permanent post].

[C.A.G's. Letter No. T-1176-A/170-34, Dt. 11-9-1934]

[(3) In connection with the application of the Government of India's decision embodied in item (15) of the Instructions below, a question was raised as to whether the decision would affect any of the existing Audit Instructions issued under Rule 22. The decision has no bearing on any of the Audit Instructions referred to above. The decision does not refer to cases of transfer from one temporary post to another such post, or from a temporary post to a permanent post, it refers only to cases of conversion of a temporary post into a permanent one on a different rate of pay. There is also nothing in the decision of the Government of India which debars service in a temporary post created as an addition to a cadre and on the same time-scale from counting towards increments in a permanent post in that cadre, even after such temporary post has been abolished. The position obtained before the issue of the Government of India's decision remain unaffected even after the issue of that decision].

[C.A.G's. Endorsement No. 209-A/2-36, Dt. 24-6-1937]

(4) to (6) [Not Printed]

(7) When the next increment in the time-scale of either the new or the old post falls due, the Government servant should draw the next increment in the time-scale of the new post, and forthwith loose the personal pay and all connection with the time-scale of his old post. The personal pay is given to a Government servant only for the purpose of initial pay and not at any subsequent stage in the new time-scale in which the Government servant might draw less pay than he would have drawn had he remained in the old time-scale.

(8) When the pay of a post is changed, but not its duties, and the old pay is split up into pay and special pay, the initial pay fixed for the holders of the post under the new scale, both pay and special pay should under clause (a)(ii) of the rule, not exceed his old pay. Thus an officer on Rs. 450/- whose post is changed into one on Rs. 350-25-500 plus Rs. 100/- special pay should get Rs. 350/- plus Rs. 100/- special pay and not Rs. 450/- plus Rs. 100 special pay.

[(9) In the case of a Government servant whose post is abolished owing to reduction of establishment, and who is provided with an appointment in a new office, his initial pay in the new post should not be fixed under Rule 22(a), as it is not a case of transfer, from one scale of pay to another but of the abolition of one appointment followed by re-appointment to a new post within the meaning of Article 426, Civil Service Regulations.

If however, the conditions laid down in the proviso to Rule 22(b) are fulfilled in such a case, the pay may be regulated under that proviso].

[C.A.G's. Letter No. 467-E/2088/25, Dt. 30-1-1926]

[Exception :—The pay of employees retrenched owing to reduction of staff as measure of economy when absorbed on an identical post or a lower one should be fixed at the minimum of the time-scale applicable to the post in which they were absorbed actually, plus grade increments counting the length of their previous continuous service in the equivalent as well as higher grade, if any, for the purpose, provided they have not received any pension or gratuity in respect of their previous service. In case where such pension or gratuity was given, the pay on absorption should also be fixed in the above manner provided the persons concerned agreed to surrender the entire amount of pension, or gratuity received by them. Otherwise, only the minimum of the time-scale of the post in which they are absorbed should be allowed. The refund of the pension or gratuity already received by such persons may be made in one lump or in such instalments as may be prescribed by the appointing authority.

The term " continuotus service " denotes the service put in by a Government servant, before retrenchment means and includes the length of service ending with the date of retrenchment as reduced by periods of extraordinary leave measured in completed years].

[ G.O.Ms.No. 219, Fin., Dt. 14-4-1972 ]

(10) to (12) [Not Printed] .

(13) Notwithstanding anything contained in Rule 22(a)(ii), a Junior Assistant appointed substantively as Senior Assistant in the Ministerial Service or the Judicial Subordinate Service shall draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post.

[(14) The Government of India have, in consultation with the Comptroller and the Auditor-General of India, decided that, for the purpose of F.Rs. 22 and 23, a temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on the same or a different rate of pay, is not the "same post" as the permanent post, even though the duties remain the same. In other words, in view of F.R. 9(30), the temporary post is to be regarded as having ceased to exist and to have been replaced by the permanent post. The incumbent of the temporary post is thus entitled to the pay of the permanent post if it is on a fixed rate of pay, or to the minimum pay of the time-scale of the permanent post, unless the case is covered by the concession admissible under proviso 1(ii) and 1(iii) under Rule 22].

[ Govt. of India, Fin., Endorsement No.F. 27(25)-Ex. I/36, Dt. 3-9-1936 ]

Note :—The net effect will be that service in temporary post on a certain scale of pay when converted into a permanent post on a different scale of pay will not count for increments in the latter scale.

[ G.O.Ms. No. 433, Fin., Dt. 29-9-1963 & Govt. of India, Fin., Letter No. F. 27(25) Ex. 1/36, Dt. 30-6-1937 ]

(15) and (16) [Not Printed]

[(17) See ruling (9) under Rule 23].

[ G.O.Ms.No. 101, Fin. (FR.-I) Dept., Dt. 18-5-1966 ]

Service in temporary post which if abolished counts towards fixation of pay in permanent post

If a temporary post created as an addition to a cadre is abolished service in that post counts towards increments in a permanent post in that cadre if the person who holds the temporary post is on abolition of the temporary post appointed to a permanent post in that cadre ruling 3 under F.R. 22.

Fixation of pay on the introduction of new time-scale

When a time-scale is introduced in a cadre already in existence in a granted scale or when the time-scale of the post is changed the pay of the Govt. Servant should be fixed as follows :

(i) He should be given the same pay drawn in old scale, in the New Time Scale also if it is a stage in New Time Scale.

(ii) If it is not stage, his pay in the new time-scale should be fixed at a lesser stage and the difference should be granted as a personal pay.

The period during which he draws that pay in that grade or scale counts for in such lower stage. It may generally be seen that when the time-scale of pay of the post is changed the Govt. specially indicate in their order the method of fixing the pay in the new scale where any departure from the normal method of fixation is intended.

When the pay of a post is changed but its duties and the old pay is split up into pay and special pay the initial pay the holder of the post under the New Scale with Pay and Special pay should under clause (a)(ii) of F.R. 22 not exceed his old pay.

Ref.* :—1. G.O.Ms.No. 321, Fin. & Plg. (FW.PRC.I) Dept., Dt. 7-10-1989.

G.O.Ms.No. 302, Fin. & Plg. (FW.PRC.II) Dept., Dt. 18-7-1990.

G.O.Ms.No. 287, Fin. & Plg. (FW.PC.I) Dept., Dt. 3-12-1991.

G.O.Ms.No. 79, Fin. & Plg. (FW.PC.I) Dept., Dt. 18-5-1992.

G.O.Ms.No. 150, Fin. & Plg. (FW.PC.I) Dept., Dt. 2-9-1992.

G.O.Ms.No. 39, Fin. & Plg. (FW.PC.I) Dept., Dt. 1-2-1993.

Order :—In the G.O. 1st read above, orders were issued revising the pay scales of the Police Radio Organisation from 1-10-1989. In the G.Os. 2nd, 5th and 6th read above, orders were issued revising the pay scales of State Government employees based on the recommendations of the Anomalies and Regrouping Committee from 1-4-1990. In the G.O. 4th read above, orders were issued revising the pay scales of the Medical Officers as recommended by the Anomalies and Regrouping Committee from 1-4-1992. In the G.O. 3rd read above, orders have been issued revising the pay scales of the Non-Teaching Staff of Universities in the light of recommendations of the Prof. Navenaatha Rao Committee. In all these cases, the pay fixation is ordered to be done under F.R. 22 (a)(ii).

Several employees have been representing to the Government that as a result of the fixation under F.R. 22(a)(ii), they have been losing one increment perennially and therefore have requested the Government to allow fixation of pay under F.R. 22(a)(i). Govt. have examined the representation and rejected the request.

The Pay Revision Commissioner, 1993 among other things have however, made the following observations :

“Several representations were made to the Commission that with the implementation of the recommendations of the Anomalies and Regrouping Committee for higher pay scales, Government allowed pay fixation with effect from 1-4-1990 under F.R. 22(a)(ii). It was stated that by this some of them suffered a loss. Commission has considered this issue. It would amount to reopening a settled matter. Commission is of the view that it is for Government to take a suitable decision, if it feels it necessary or desirable to amend the existing orders in this regard.”

Government have examined the above recommendations and after careful consideration, and in partial modification of the orders issued earlier hereby order that the pay shall be fixed in the revised scales assigned in the orders issued in the G.Os. 1st to 6th read above, in the light of recommendations of the Anomalies and Regrouping Committee of Prof. T. N. Rao Committee in 1986 Pay Scales under F.R. 22(a)(i) read with F.R. 31(2) with effect from the respective dates from which the revised scales come into force notionally with monetary benefit from 1-4-1993.

(Circular Memo. No. 30990 - A/424/A-1/FR.II/98, Finance & Planning (FW. FR.II) Department, Dt. 3-8-1998)

Order :—Instances have come to the notice of the Government that certain Departments of Secretariat and Heads of Departments are fixing the pay of Government Servants on their conversion to another post in terms of FR 22(a)(i). Fixation in terms of FR 22(a)(i) is to be done only in case of appointments to posts carrying higher duties and responsibilities, i.e., in other words on promotion to higher posts. Conversion is done only in the cases where the two posts carry equal scale of pay (ex. Typist to Assistant/Junior Assistant or L.D. Steno to Junior Assistant or U.D. Steno to Senior Assistant etc.) and also on the request of the individuals. Since conversion is not a promotion fixation of pay in these cases has to be done only in terms of FR 22(a)(ii). The Departments of Secretariat and the Heads of Departments are therefore requested to keep this in view while fixing the pay of Government Servants in cases of conversion to another post carrying same scale of pay or different scales of pay.

Fixation of pay on promotion from a post which carries Special Pay to a post which does not carry Special Pay – Modification – Orders – Issued.

(G.O.Ms. No. 190, Fin. & Plg. (FW-FR.II) Dept., Dt. 24-8-1999)

Note :—Full text is printed at Page No. 128 of this book.

Suits – A.P. Admn. Tribunal – Allowing Telangana Beneficial Scales of Rs. 81-130/75-150 under Telangana – Safeguards – Clarification.

(Memo. No. 17453/Ser.II.2/98-11, Education (SE.SER.II) Dept., Dt. 11-09-2000)

Note :—Full text is printed at Page No. 130 of this book.

Workcharged Established – Protection of pay to the Work Inspectors after their appointment to the post of Draughtsman, Grade III.

(G.O.Ms.No. 319, Irrigation & CAD (CAD.SER.I) Department, Dt. 24-09-1998)

RULES REGARDING PAY FIXATION

The rules regarding pay fixation are mainly dealt with in Fundamental Rules 22, 26, 30, 31 and 35. They are discussed at length with illustrations in the following pages. There are 3 types of posts, viz.,

(1) Permanent post ; (2) Temporary post ; (3) Tenure post.

A Permanent Post is defined as one which carries a definite scale of pay and sanctioned without limit of time. Whenever a person is appointed against a permanent post he is said to be appointed in a substantive capacity and the pay that is allowed on account of such substantive appointment is known as substantive pay. Along with the appointment the Government Servant gets a title to the post which is known as 'Lien'.

No person can be paid anything less than substantive pay at any time as a result of fixation of pay in a new scale. If it has to be fixed at a stage less than substantive pay such a drop has to be protected by grant of personal pay.

Exceptions :—(1) When Government Servant is reverted to a lower time-scale at his own request.

(2) Whenever a Government Servant is reverted to a lower time-scale as a result of disciplinary proceedings.

A Temporary Post is defined as one carrying a definite scale of pay and sanctioned for a limited period. The pay drawn in such a post is known as the pay drawn in a temporary post, and the Government Servant so appointed is said to hold the temporary post. A Government Servant is said to officiate in a post on which another Government Servant holds a lien or a vacant permanent post. The pay allowed in such a post is known as officiating pay do not include special pay, personal pay etc.

A Tenure Post is also a permanent post but a person appointed against that post can hold office only for a limited period.

Example :—Governor, Comptroller and Auditor-General of India, etc.

Two time-scales are said to be identical when the minimum, maximum rate of increment and period of increment are common in them, one time-scale is said to be on the same time-scale as the other if two scales are identical and they also belong to same cadre.

FIXATION OF PAY

Fundamental Rules 22, 26, 30 and 31 govern the fixation of pay of Government Servant. The pay of the Govt. Servant is fixed under F.R. 22 when the appointment to another post is in a substantive capacity while F.Rs. 30 and 31 prescribe the procedure in fixing the pay when such appointments are made in officiating capacity. F. Rs. 27 and 35 also deal with the fixation of pay. The conditions on which the service counts for increments are laid down in F.R. 26 while F.R. 27 deals with the grant of premature increments.

F.R. 35 deals with the fixation of pay at an amount lesser than that admissible under Rules.

Fundamental Rule 22. This Rule deals with the fixation of pay of Government Servant when he is appointed to a post (Tenure or Non-Tenure) substantively when such appointments involve the assumption of duties or responsibilities of greater importance or not. When a Government Servant, holding lien on a permanent post, other than a tenure post, is appointed substantively to a new post (tenure or non-tenure) which involves the assumption of duties or responsibilities of greater importance than those attached to such permanent post, he will draw as initial pay at the stage of the time-scale next above his substantive pay in respect of the old post. The date of next increment shall be after putting in the requisite service for earning increment from the date of increment.

FIXATION OF PAY WHEN A GOVERNMENT SERVANT HOLDING LIEN ON A PERMANENT POST IS APPOINTED SUBSTANTIVELY TO A NEW POST INVOLVING THE ASSUMPTION OF DUTIES OR RESPONSIBILITIES OF GREATER IMPORTANCE [F.R. 22 (a)(i)]

When a Government Servant holding a post substantively carrying the scale of pay Rs. 700-30-1000-40-1200 and drawing a sub pay of Rs. 760/- from 1-1-77 was substantively appointed to a post involving higher responsibilities carrying the scale of Rs. 750-45-1200-50-1300 on 13-6-77. Fix his pay on his promotion substantively in higher post on 13-6-77.

The stage in the scale of Rs. 750-45-1200-50-1300 next above his substantive pay is Rs. 795/-. Hence his pay on 13-6-77 i. e., the date of substantive appointment should be fixed at Rs. 795/-.

In this case as he was promoted substantively on 13-6-1977, he loses all his connection with the lower post. The next increment raising his pay from Rs. 795/- to 840/- should be granted after one year from the date of fixation i.e., from 13-6-78 giving monetary benefit from 1-6-78 provided he is on duty from the date of such fixation.

Fixation of pay when a Government servant is promoted to a post outside the regular line and returning to post in the regular line on promotion :—A Government Servant holding a substantive post in a regular line is promoted to a higher post outside, regular line. While working in outside the regular line he is repatriated on promotion to a post above his substantive post in a regular line. In such cases, benefits accrued outside the regular line shall end with the temporary tenure of the post and cannot be carried forward and counted in the regular line. However to avoid sudden drop in the emoluments, the pay drawn outside the regular line shall be protected treating the excess as personal pay to be merged in future rise in pay on account of grant of increments. In all such cases, the pay in the post to which he has been promoted in the regular line, shall be fixed on the basis of presumptive pay of the Government servant in the lower post.

A Government Servant drawing a substantive pay of Rs. 446/- in the scale of Rs. 410-18-590-20-750 from 1-1-76 was promoted to a post outside the regular line on 1-7-76, carrying a scale of pay of Rs. 600-30-960-35-1100/-. He was repatriated to a post on promotion carrying the scale of pay of Rs. 480-25-780-30-900/- on 1-5-78 in the regular line. Regulate his pay in all these three posts.

(i) When he was drawing substantive pay of Rs. 446/- in the regular line, he was appointed to a post outside the regular line on 1-1-76. Hence his pay in the new scale was fixed at the initial pay of the time-scale i.e., Rs. 600/- on 1-1-76.

(ii) His increments in the lower post were granted on 1-1-77 and 1-1-78. Similarly his increment in the tenure post out-side the regular line was also granted on 1-1-77.

(iii) When he was appointed on promotion to a post in a regular line on 1-5-78 his pay was fixed at Rs. 505/- which is just above the presumptive pay in the substantive post and he was allowed personal pay which is the difference between the pay fixed and pay drawn outside the regular line.

(i.e., 630—505=125/-).

FIXATION OF PAY WHEN A GOVERNMENT SERVANT IS APPOINTED TO A POST SUBSTANTIVELY NOT INVOLVING ASSUMPTION OF DUTIES AND RESPONSIBILITIES OF GREATER IMPORTANCE THAN THOSE ATTACHED TO THE OLD POST [F. R. 22(a)(ii)]

(i) When a Government Servant holding a substantive post is appointed to a new post which does not involve assumption of duties and responsibilities of greater importance than those attached to the old post, his pay in the new post will be fixed at the stage of time-scale which is equal to his substantive pay in the old post. The date of next increment shall be the one on which he would have got an increment had he continued in the old post.

A Government Servant while drawing a substantive pay of Rs. 290/- in the scale of Rs. 250-10-430, with effect from 1-1-77 was appointed substantively to a post (Tenure or Non-Tenure) carrying the scale of pay of Rs. 260-10-340-11-450 on 1-8-1977, which does not involve assumption of higher responsibilities. Fix his pay in the new post and indicate the date of earning of increment in the new post. (ii) If there is no stage equal to his substantive pay, the initial pay has to be fixed at a stage next below the substantive pay the difference being compensated by the grant of personal pay. The personal pay will get merged on the date of next increment. The increment has to be however regulated as indicated above.

A Government Servant while drawing substantive pay of Rs. 464/- in the scale of Rs. 410-18-590-20-750 w.e.f. 1-1-77 was appointed substantively to a post (Tenure or Non-Tenure) carrying the scale of pay Rs. 430-20-650-25-800/- on 1-8-77 which does not involve assumption of higher responsibilities. Fix his pay in the new post and indicate the date of earning the increment in the new post.

The due date of earning increment in the old post is 1-1-78. Hence he was given the increment in the post on 1-1-78 and the personal pay of Rs. 14/- allowed on the date of appointment i.e., 1-8-78 to protect him from loss of substantive pay got merged in the increment given on 1-1-78. He will get next increment on 1-1-79.

(iii) If the minimum of the new time-scale is more than substantive pay, the initial pay shall be fixed at the minimum. The date of next increment shall be after one year from the date of appointment.

A Government Servant drawing a substantive pay of Rs. 270/- in the scale of Rs. 250-10-430 w.e.f. 1-1-77 was appointed substantively to a post carrying a scale of Rs. 290-11-400-15-520 which does not involve higher responsibilities on 1-4-77. Fix his pay in the New Post and also indicate the date of earning increment. If a Government Servant is appointed to a lower post at one's own request both the posts being in substantive capacity, the initial pay has to be fixed on principles of F.R. 22(a)(ii) which is applicable to appointment not involving higher responsibilities.

FIXATION OF PAY IN THE NEW POST WHEN A GOVERNMENT SERVANT IS TRANSFERRED TO ANOTHER POST AT HIS OWN REQUEST CARRYING LESS PAY THAN THE PAY OF PERMANENT POST [F. R. 22(a)(iii)]

But if the maximum of the time-scale of new post is less than the substantive pay in the old post, he will draw the maximum of the time-scale of the new post as his initial pay under F.R. 22(a)(iii).

No personal pay is admissible in such cases

A Government Servant drawing Rs. 505/- P.M. as substantive pay from 1-1-78 in Non-Tenure Post carrying the time-scale of pay of Rs.480-25-780-30-900 has been transferred at his own request substantively to a post on the time-scale of Rs. 430-20-650-25-800 on 1-6-78. Fix his pay in the New Post.

This fixation is done under F.R. 22(a)(ii) vide F.R. 22(a)(iii).

If in the above illustration, the Government servant was drawing Rs. 840/- in old post w.e.f. 1-1-78 was transferred at his request on 1-6-78 how do you fix the pay ?

The pay is fixed at Rs. 800/- which is the maximum of time-scale of the post to which he has been transferred at his request although his pay in the substantive post from which he was transferred was Rs. 840/- P.M. from 1-1-78. No personal pay can be granted in this case as the transfer is at request. While working in non-tenure permanent post, if a Govt. Servant is appointed to a post which is not higher to the permanent post in an officiating capacity not involving assumption of higher responsibilities, his pay should not be fixed in the officiating post at all. Till such time he is confirmed in the post, the substantive pay from time to time has to be allowed. On confirmation, the pay has to be fixed in the new post on the principles laid down under F.R. 22(a)(ii).

FIXATION OF PAY WHEN A GOVERNMENT SERVANT IS APPOINTED TO A POST IN AN OFFICIATING CAPACITY INVOLVING OR NOT INVOLVING HIGHER RESPONSIBILITIES [F.Rs. 30 & 31]

FIXATION UNDER F.R. 30

A Government Servant working in a Non-tenure permanent post carrying the scale of pay of R. 240-10-320 and drawing a pay of Rs. 250/- w.e.f. 1-6-74 was appointed to officiate in another post in an officiating capacity on 1-9-74, the scale of which is Rs. 250-8-274-12-382, which does not involve assumption of higher responsibilities. He was confirmed in the officiating post on 1-8-76.

F.R. 30 deals with, in the main cases where Government servants having a lien on a permanent non-tenure post are appointed to officiate in another post not involving greater duties and responsibilities. This rule states that in a case where a person having lien on a permanent post is appointed to officiate in another post carrying no greater duties and responsibilities he shall be entitled only to the substantive pay which he is drawing in the old post.

This rule is based on the basic principle that an employee having a lien on a permanent post is entitled to his substantive pay wherever he works in a post carrying the same duties and responsibilities. So long as the duties and responsibilities do not alter, he will neither get any benefit in case the post in which he is officiating carries a higher scale nor will he loose anything in case the post in which he is officiating carries a lesser scale. It will be noticed that if he is appointed to officiate in post carrying greater duties or responsibilities his case is governed by F.R. 22(a)(i). This rule i.e., F.R. 30 comes into play only if the following conditions are satisfied :—

(1) the person appointed to officiate in another post is having lien on a permanent non-tenure post ; (2) the post in which he is appointed to officiate does not involve the assumption of duties and responsibilities of greater importance than those attached to the non-tenure post in which he is having lien ; and

(3) the post in which he is appointed to officiate is not one of the posts enumerated in the schedule to Rule 30.

Under F.R. 30, there is virtually no fixation of pay at all in the new post. Whatever a person draws as substantive pay in the non-tenure post he is automatically given that pay in the new post neither less nor more.

FIXATION OF PAY UNDER F.R. 31

The fixation of pay in officiating appointments not covered by Rule 30 is done under Rule 31. F.R. 30 deals with the cases where a person having a lien on a permanent non-tenure post is appointed to officiate in a post not involving duties and responsibilities of greater importance while F.R. 31 is intended to govern all other cases. The other cases may be where :

(i) a person without any lien on any post is appointed to officiate in another post involving duties and responsibilities of greater importance or otherwise;

(ii) where a person having a lien or a suspended lien on a permanent tenure post is appointed to officiate in a post involving duties and responsibilities of greater importance or otherwise;

(iii) where a person having a lien on a permanent non-tenure post is appointed to officiate in a post involving duties and responsibilities of greater importance.

In all such cases the Govt. Servant on his officiating appointment will be allowed the presumptive pay of that post. Presumptive pay here means the pay to which the Govt. Servant would be entitled to receive if he held that post substantively, [F.R. 9 (24)]. Hence his pay requires to be fixed under Rule 22(a)(i) F.R. 31(i).

On enhancement in the substantive pay, as the result of increment or otherwise, the pay of such Govt. Servant shall be refixed under F.R. 31(1) from the date of such enhancement as if he is appointed to officiate in that post on that date where such refixation is to his advantage. [F.R. 31(2)].

A Govt. Servant drawing a substantive pay of Rs. 500/- with effect from 1-1-76 in the scale of Rs. 410-18-590-20-750/- was appointed to officiate in a post in a scale of Rs. 480-24-780-30-900 with effect from 1-6-76 involving responsibilities and duties of greater importance. Regulate his pay. Explanation :—The fixation of pay on 1-6-76 has been done at a stage next above his substantive pay in the lower post, on 1-1-77 he earned increment in the lower post raising his pay from Rs. 500/- to 518/- which had become more than the officiating pay i.e., Rs. 505/-. Hence his pay has been refixed on 1-1-77 at Rs. 530/- i.e., a stage next above his substantive pay. It may be seen that his presumptive pay in the officiating post under F.R. 31 increases from time to time as and when person's substantive pay increases by the drawal of increments or revision in the pay scales etc. Effect of an order issued confirming the individual in the officiating post with retrospective effect.

In the case of a Govt. Servant officiating in a post whose pay had been fixed under Rule 31(2), if he is confirmed in that post from a retrospective date, the refixation of pay done under Rule 31(2) after the date of his confirmation will have to be revised and the over payments consequent on such revision will first be set off against the arrears, if any, that might become payable to the Govt. Servant and the balance of any which cannot be set off against the arrears, shall be waived Rule (9) under F.R. 31 introduced by G.O.Ms.No. 2131, Finance, Dt. 11-11-59 and G.O.Ms.No. 241, Fin., Dt. 3-6-61.

If the Govt. Servant in the above illustration is confirmed in the officiating post on 10-11-78 with retrospective effect from 1-11-1976. What is the effect ?

The refixation already made on 1-1-77 should be cancelled as he loses all his connections to the lower post as he was confirmed in the higher post. Hence he would not be entitled to the increment raising his pay from Rs. 500/- to 518/- in the lower post on 1-1-77 and refixation at Rs. 530/- in the higher post on 1-1-77. Hence his pay has to be revised as follows :

The over payment made as a result of this revision should be waived.

Enhancement of substantive pay during Leave

[If the increment of the Govt. Servant in his substantive post falls due during the period of leave, his pay in the officiating post can be refixed under F.R. 31(2) if such refixation is to his advantage subject to the following conditions:

(i) The refixation will be done only if the period of leave counts for increments in the officiating post.

(ii) The monetary benefit of refixation can be claimed only from the date of resumption of duties after expiry of leave but his next increment in the officiating post will accrue to him from an earlier date in the next year calculated with reference to the date of refixation of pay].

[Ruling 9 under F.R. 31] [If the leave period does not count for increment in the officiating post his pay will be refixed only from the date of his rejoining duty after the expiry of such leave. It is subject to the fulfilment of conditions laid down in Rule 26 (b)(ii) or 26(b) and subject to the production of necessary certificates prescribed under the said provisions].

[Ruling 10 under F.R. 31]

In the above illustration the individual was granted Earned Leave from 1-12-77 to 31-1-78. How do you fix the year ?

The refixation on 1-1-77 is subject to the production of certificate by the competent authority to the effect that the individual would have continued to officiate in the said post but for his proceeding on leave.

For the purpose of Rules 22, 30, 31 and 31-A, the officiating pay drawn by a Government servant can be treated as substantive pay if the following three conditions are satisfied :—

(1) If he is an approved probationer.

(2) If he had put in a minimum of three years of service in that post.

(3) His confirmation is not delayed due to his fault or short coming.

Exception

If the last pay drawn in the old post does not exceed Rs. 1200/- P.M. the above conditions need not be applied but such pay can be taken as substantive pay for the purpose of fixation of pay. This exception will also apply to cases of promotions under Rule 10(a) or 37(a).

Note & Exception under Rule 22

Fixation of pay under F.R. 22(b) when an appointment is made in a substantive capacity to a new post when he does not hold a lien/suspended lien/provisional lien on a permanent Non-Tenure Post. (i) If a Government Servant does not have a lien/suspended lien/provisional lien on a non-tenure post and is appointed to a permanent post in substantive capacity, his initial pay will be fixed at the minimum of the time-scale of the New Post, F.R. 22(b).

(ii) F.R. 22(b) applies not only at the time of fresh appointment in a substantive capacity but also when the substantive appointment is while the Government Servant is officiating in a permanent Non-Tenure post, or permanent tenure post or temporary post holding a lien on a permanent tenure post.

(iii) F.R. 22(a) deals with the cases of fixation of pay when a person holding a lien on a permanent post other than tenure post is appointed to a new post, while F.R. 22(b) is applicable to cases where the appointee does not hold a lien on a permanent post other than a tenure post.

(iv) The general rule is that where a person who is not holding a lien on a permanent post or who is holding a lien on a temporary post is appointed to a new post, he will draw the minimum of the time scale attached to that new post, unless he is an approved probationer and has but in a continuous service exceeding three years as indicated in Note 3 to F.R. 22.

A Government Servant drawing Rs. 260/- in an officiating capacity w.e.f. 1-1-78 on the scale of Rs. 240-10-420 has been appointed substantively to a post on scale of Rs. 250-10-430 with effect from 1-1-78. His initial substantive pay will be fixed at Rs. 250/- being the minimum of the new post.

Fixation of pay on re-appointment to the same post

If a Government Servant holding substantively or in officiating capacity a post previously, and is reappointed to the same post, or to another post carrying the same scale of pay or indentical scale of pay, his pay on reappointment shall not be less than the one drawn by him (other than special pay or any emoluments classed as pay) prior to his reversion. This rule is not applicable in case of re-employment after resignation, removal or dismissal from service. He will count the period during which he drew that pay on such last and any previous occasions for increment in the stage of the time-scale equivalent to that pay. If the last pay drawn has been inflated by the grant of premature increments the last pay that would be the pay which he would have drawn but for the grant of increments unless otherwise ordered by the authority competent to create the post. Pay drawn in the post held on temporary basis under Rules 10(a) or 37(a) of General Rule will be treated as officiating pay for the purpose, (Note 4, F.R. 22). The provision is intended to give the Government servant the benefit of the same pay on reappointment to the post which he held previously. The reappointment may be :—

(i) to the same post,

(ii) to another post carrying the same time-scale of pay which is attached to the post held by him previously,

(iii) to a post carrying indentical scale of pay, (iv) to a tenure post on the same time scale of pay or indentical scale of pay.

(1) An officiating L.D.A. drawing a pay of Rs. 320/- w.e.f. 1-1-78 in a scale of Rs. 250-10-430/- is appointed temporarily as U.D.A. in the scale of Rs. 310-14-380-15-560 on 1-2-78. He acted in the capacity as U.D.A. till 31-5-78 and he was reverted on 1-6-78 as L.D.A. He has again promoted U.D.A. temporarily on 1-8-78. Fix his pay.

[Reversion from 1-5-78 to 31-7-78 to the post of L.D.A. 1-8-78 — 324 F.R. 22(b)]

Though he was officiating U.D.A. has his service is more than three years in the post of L.D.A., his pay has to be fixed at Rs. 324/- on 1-2-78 in U.D.A. category. Again on his reappointment on 1-8-78 his basic pay of Rs. 324/- is protected under F.R. 22(b) on his reappointment to the same post.

In the earlier Illustration, the individual was reappointed to the same post i.e., U.D.A. Then he was allowed pay of Rs. 324/- on the date of reappointment as U.D.A. i.e., on 1-8-78. Assuming he was reappointed as U.D. Clerk carrying the same scale of pay Rs. 310-14-380-15-560 on 1-8-78 as that was attached to the post of U.D.C. his pay will have to be fixed at Rs. 324/- only.

If he was reappointed on 1-8-78 to a post viz., Civil Supplies Inspector with indentical scale of pay with Efficiency Bar, it makes no difference. Even then he would be allowed pay of Rs. 324/- on 1-8-78.

The basic point to be borne in mind in all the above cases is that he should be given protection to the pay drawn previously on his reappointment to the same post on the same time-scale of pay or to a post on the identical scale of pay or to a tenure post on the same scale of pay or identical scale of pay.

On reappointment the service rendered in the post in which the pay is protected, will count for increments also.

A Government Servant drawing substantive pay of Rs. 270/- w.e.f. 1-1-75 in a permanent non-tenure post on a time-scale of Rs. 180-9-273-10-350 officiated in a higher post on the time-scale of Rs. 275-10-355-12-475 from 1-2-75 to 30-6-75, 1-10-75 to 31-3-76. He was again promoted to the higher post on 1-6-76. His pay and the date of his increment will be fixed as follows :— Note :—His substantive pay on 1-6-76 is Rs. 280/-. Pay in the higher officiating post has been fixed with reference to F.R. 31 read with F.R. 22(a)(i). The fixation of pay under F. R. 31 has been explained in the preceding pages.

He will get next increment in the higher post on 1-3-77 as according to proviso 1 (i) to F.R. 22 he will count the period of 3 months from 1-1-76 to 31-3-76 for the purpose of increment in the higher scale.

A Govt. Servant drawing a pay of Rs. 207 in a non-tenure post w.e.f. 1-2-74 in the scale of Rs. 180-9-270-10-350 has been retrenched from 1-4-74 and was re-appointed on 1-11-74. His pay on 1-11-74 will be fixed at Rs. 207 under proviso 1(i) to F.R. 22. Next increment on 1-9-75 (proviso 1 (i) to F.R. 22).

A Government Servant drawing substantive pay of Rs. 250/- in permanent Non-tenure post in the scale 205-9-295-10-375 w.e.f. 1-1-74 has been promoted to officiate in the higher post on scale of Rs. 240-10-430 w.e.f. 1-4-74. He was reverted to his original post from 1-12-74 and was promoted from 1-2-75. He was again reverted from 1-7-75 w.e.f. 1-2-75 he was again promoted to officiate in other higher post carrying the same time-scale as the first higher post. His pay will be fixed as follows : Next increment in the 2nd higher post accrues on 1-8-76.

Note :—Only on 1-6-75 he is allowed Rs. 270/- after giving increments as he draws Rs. 260/- in the same time-scale for 12 months. On 1-8-75 he is normally entitled to pay of Rs. 260/- under F.R. 13 read with F.R. 22(a)(i). But as he has drawn Rs. 270/- previously in the same time-scale he is allowed Rs. 272/- under proviso 1 (i) to F.R. 22.

Substantive appointment to a tenure post on identical time-scale with the tenure post previously held proviso (2) to F.R. 22. When a Government Servant is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held :

(a) he will be allowed the benefit of pay last drawn in the old tenure post; and

(b) he will count the period during which he draw that pay in the old post for increment in the new tenure post.

A Govt. Servant drawing substantive pay of Rs. 1,000/- w.e.f. 1-1-74 in a permanent non-tenure post carrying scale of Rs. 700-30-1000-40-1200 was appointed to officiate in a tenure post carrying a scale of Rs. 1000-50-1500 w.e.f. 1-4-73. From 1-5-75 he was reverted to his original post. Again w.e.f. 1-9-75 he was appointed substantively to another tenure post carrying scale of Rs. 1000-50-1500. His pay and the date of next increment will be fixed as follows : Note : —The 1st tenure post and the second tenure post are identical. His pay in the permanent non-tenure post 1-9-75 is Rs. 1,040/- and normally his pay has to be fixed at 1050/- in the second tenure post under F.R. 22(a)(i). In view of the proviso (2) to F. R. 22 he is allowed Rs. 1,100/- being the pay last drawn in the first tenure post. His increment in the 2nd tenure post accrues on 1-8-1976 (1-4-1975 to 30-4-1975 and 1-9-1975 to 31-7-1976=12 months).

FIXATION OF PAY AT AN AMOUNT LESS THAN ADMISSIBLE — F.R. 35

F.R. 35 empowers the Govt. (Powers delegated to Head of Department) to fix the pay of an officiating Govt. Servant at an amount less than that admissible under the Rules. This rule makes it possible to dispense with the charge allowances and the system of holding charge. It also permits fixing definite rates of allowances for definite acting incumbent. Those who merely hold charge of the current duties and do not perform the full duties fall under this rule.

The pay of a Govt. Servant appointed to officiate in a post carrying a time-scale of pay Rs. 250-10-430 may be fixed at Rs. 200/- involving F.R. 35, though under F.Rs. 31 and 22(b) he is entitled to pay of Rs. 250/-.

Fixation of initial pay of Govt. Servant on his confirmation in a post on which he draws now less than the minimum of the time-scale attached thereto :

The period during which the pay of the Govt. Servant is fixed below the minimum of the time-scale does not count for increment as he should not be treated as having effectively officiated or rendered duty within F.Rs. 22 and 26. On confirmation his pay should be fixed under F.R. 22(b) and he will draw the next increment after he has put in duty for the usual period calculated from the date of confirmation under ruling 2 under F.R. 35.

A Govt. Servant has been appointed to officiate in the scale of Rs.253-10-430 w.e.f. 1-1-78 but his pay fixed at Rs. 200/- under F. R. 35. While he is continuing he is confirmed in the post w.e.f. 1-7-78. His pay on 1-7-78 will be fixed at Rs. 250/- and he will draw his increment on 1-7-79.

A Government Servant was appointed to officiate in the scale of Rs. 250-10-430 w.e.f. 1-1-77 and was allowed a pay of Rs. 250/-. He was reverted to his substantive post from 1-1-77. Again he was appointed to officiate in the same post on the scale of Rs. 250-10-430 w.e.f. 1-10-77 but was allowed the pay of Rs. 200/- P.M. from 1-3-78 he was confirmed in the said post. His pay and the date of next increment will be fixed as follows :—

A Govt. Servant was drawing a substantive pay of Rs. 320/- in the scale of Rs. 300-10-330 w.e.f. 1-1-78. The scale of post was changed as Rs. 310-14-380-15-560 on 1-4-78. Fix his pay.

The service from 1-1-78 to 31-3-78 in the old scale will count for increment in the scale. The personal pay granted from 1-4-78 will get merged.

Change of Scale of pay and pay split up into pay and Special pay

An officer on fixed pay of Rs. 600/- whose pay is changed into one of Rs. 500-25-750/- Plus Rs. 100/- Special pay should get Rs. 500/- plus 100/- Special Pay and not Rs. 600/- plus 100/- Special pay.

PAY FIXATION OF PROBATIONERS

F.R. 31(A)

A probationer shall draw pay as follows :— (a) A probationer who does not hold a permanent post shall draw :—

(i) while undergoing a course instruction or training the pay specified in the special rules in that behalf.

(ii) after completion of instruction or training the pay at the minimum of the time-scale. But the pay allowed shall not be less than the pay if any drawn in the same post or in the same time-scale in a temporary capacity under Rule 10(a) or 31(a) of the State and Subordinate Service Rules.

(b) A person who holds a permanent post in a Subordinate Service is appointed as a probationer in a corresponding Service or in another Service shall draw the minimum of the officiating post, if it is higher than his substantive pay without any regard to F.R. 30. But if such minimum is lower than the substantive pay, his pay should be fixed under F.R. 30.

If such probationer is appointed to a higher post, the fixation of pay has to be done under F.R. 22 or 31 as the case may be. A probationer whether he is a direct recruit, transferee, or promotee shall be entitled to draw the first increment after the commencement of probation after putting in the service necessary to earn increment and inclusive of the period of instruction or training according to his service rules. His next increment shall be drawn only from the date on which he is declared to have completed his probation satisfactorily but the period of service from the date of first increment shall count for subsequent increment.

Where the period of probation is one year the first increment itself can be drawn only from the date of satisfactory completion of probation.

Exercise :—A is appointed as a probationer in the scale of Rs. 280-10-340-15-430 from 26-10-74. He was working as an emergency candidate in the same post having already drawn two increments on that date. He was to be on probation for a period of 2 years within a spell of 3 years of duty. He was on E.L. from 11-1-75 to 9-3-75. It was certified that but for going on leave he would have continued to work in that post when his probation be declared and how his pay is fixed.

Scale : 280-10-340-15-430.

PAY FIXATION OF RETRENCHED EMPLOYEES

PRINCIPI E

The pay of employees retrenched owing to reduction of staff as a measure of economy when absorbed on an identical post or a lower one should be fixed at the minimum of the time scale of the absorbed post and grade increments counting their completed year of continuous service in the previous post should be given.

Next below Rule

A B C D E F

400-40-800

A : CB : DE : F

This rule lays down certain conditions under the right to promotion or a person who happens to be outside the department at the time of his chance for promotion comes in the department are protected. The following conditions are to be satisfied :

All the Seniors to the person who is outside the department should have been promoted.

Atleast one Junior should have been promoted to the higher grade in the department.

The person himself should be found fit for promotion.

Subject to the fulfilment of the above conditions one more person outside the department can also be promoted on the date of promotion of his junior in the regular department. The benefit of this rule is the person so promoted is deemed to be in the higher scale, without actually taking charge of the higher post in the department. In other words while remaining outside, he is brought on a par with his junior in regard to pay fixation and the date of increment in the higher scale. This rule however operates on a "one for one" basis i.e., for every one junior promoted to the higher post in the department one more senior must among the persons outside can be promoted to the higher scale.

M N O P Q R are working in post A 400-40-800 P & Q are deputed to foreign service on grade pay+deputation allowance. M N & O are promoted to the higher post B (from 1-8-76). P claims to be promoted to higher post from this date, under the next below rule. Is this correct ?

Answer :—This is not correct. Unless 'R' is promoted, 'P' cannot have a claim for promotion under the next below rule.

Fixation of pay when reverted to a lower grade as a measure of penalty (F.R. 28) :

F.R. 28 :—If a Govt. servant is reverted to a lower grade as a measure of penalty he may be allowed to draw pay not exceeding the maximum of the lower grade, but it should not exceed the pay which he would have been drawn by the operation of F.R. 22. The authority ordering reduction may not specify the period for which the reduction shall be effective but where the period is specified it shall also state whether on restoration the period shall operate to postpone the future increments or not. If a Government servant is reduced to a lower stage in the time-scale as a measure of penalty, the authority ordering the reduction shall state the period for which it shall be effective and whether on restoration, the period shall operate to postpone the future increments or not.

Increments :

An increment shall be drawn as a matter of course unless withheld. (F.R. 24).

The following provisions prescribe the condition under which service counts, for increment in a time-scale :

(a) All duty in a post on time scales counts for increments in that time-scale. (F.R. 26(a)).

(b) Service in another post other than post confirming less pay, whether substantive or officiating deputation out of India and leave other than E.Q.L. shall count for increment in the substantive post. (F.R. 26(b)(i)).

(c) Leave with allowances will count in officiating post for increment if a certificate is issued by competent authority that he would have continued to officiate in the post but for going on leave. (F.R. 26(b)(ii)). (d) E.Q.L. count for the increment in the following :

(i) On Medical Certificate.

(ii) Any other cause beyond the control of Govt. Servant.

(iii) For prosecuting higher scientific or technical studies with an undertaking to serve the Govt. on return from leave for a period of 5 years. (Proviso to F.R. 22(b)).

The discretion to count the period is however left to the Government.

(e) The period of Service in a higher post will count for increment in the lower officiating post if a certificate is given that for his officiating, the Govt. Servant would have officiated in the lower post. F.R. 26(e).

(f) Foreign service counts for increment in the substantive post. In officiating post a certificate is to be issued to count the period. F.R. 26(e).

(g) Joining time counts for increment in substantive and officiating post. F.R. 26(f).

If an increment accrues during the period of leave or joining time following leave then the benefit should be given only on return from leave.

Broken periods of service in a post will count for increments at that stage. (Proviso to F.R. 22).

Increments to probationers are regulated as follows :

If the probation is prescribed as one year, then the first increment after commencement of probation can be released only on completion of probation.

If probation is two years then the first increment can be released on the due date of accrual but next increment should be released only from the date of declaration of completion of probation. However subsequent increments will be restored on the due date. F.R. 31(a).

Increments to purely temporary/emergency promoters can be allowed and if they satisfy all conditions prescribed for a probationer in the service rules.

This rule regulates the fixation of pay of a Government servant who is appointed substantively to a post on a time scale of pay. This rule can be divided into two important parts. Clause(a) of the rule is one part which deals with the fixation of pay when a person holding a lien on a permanent post, other than a tenure post, is appointed to a new post.

The second part of the rule in clause (b) thereof which concerns itself with the fixation of pay in the new post where the appointed does not hold a lien on a permanent post, other than a tenure post. These two parts of the rule are explained below separately.

First part of Clause (a) : —This clause deals with fixation of pay of a person who holds a lien on a permanent post other than a tenure post, or would hold a lien on such a post had his lien not been suspended when he is appointed to a new post. The condition precedent for the application of this part of the rule is that the person must be holding a lien on a post other than tenure post. Otherwise this rule does not come into play at all. If he is thus holding a lien on a permanent post his pay on his appointment to the new post is fixed depending upon the following three circumstances : (a) whether the post to which he is newly appointed involves assumption of duties or responsibilities of greater importance; (b) does not involve such assumption of duties or responsibilities of greater importance ; and (c) when the appointment of the new post is made at his own request.

Fixation of pay under clause (a) :— Where the new post involves the assumption of duties or responsibilities of greater importance :—The basic principle in the fixation of pay is that an employee should be paid according to the duties and responsibilities he assumes in the post he is holding. If a person is appointed to a new post involving the assumption of duties or responsibilities of greater importance his initial pay in the new post is fixed at the stage of the time-scale next above his substantive pay in respect of the old post.

Example (1) :—Where a permanent L.D.C. drawing on 19-1-1982 a basic pay of Rs. 530/- in the time-scale of Rs. 425-10-460-15-650 is appointed to the post of a U.D.C. in the time-scale of Rs. 530-15-590-20-850, his basic pay will be fixed at Rs. 545/- in the new post of U.D.C. His pay, as is seen will be fixed at a stage of time-scale of the new post next above his substantive pay in respect of his earlier post of L.D.C. This is because the duties and responsibilities attached to the post of U.D.C. are greater than those of L.D.C.

Note I :—It is not laid down in this rule nor is possible to do so, as to which of the posts can be said to involve the assumption of duties or responsibilities of greater importance. This aspect has to be decided with reference to the nature of the duties and responsibilities of the new post as compared to the duties and responsibilities of the old post and where the time-scale of pay of the new post is higher than the old post, it can reasonably be assumed that the new post carries duties or responsibilities of greater importance. It is the natural assumption that the Government would not fix a higher scale of pay unless the duties and responsibilities are of greater importance. Therefore it is not necessary that there should be a specific declaration by the Government that a particular post carries duties or responsibilities of greater importance than another specified post. It should be decided only with reference to the relative time-scales and the nature of duties and responsibilities.

Note II :— Substantive Pay :—Protection is afforded only to substantive pay. Substantive pay means the basic pay drawn by a permanent incumbent. But in many cases it so happens that even after several years of service one may not be confirmed. In order to remove hardship in such case and afford protection to persons who are confirmed even after several years of service, Note (3) to F. R. 22 lays down that the pay of an approved probationer having a service exceeding three years is substantive pay.

Cases where the new post does not involve duties or responsibilities of greater importance :—In case a permanent incumbent is appointed to a new post not involving duties or responsibilities of greater importance his pay has to be regulated under sub-clause (2) of clause (a) of F.R. 22. It is necessary to point out here that clause (a) deals with a case where a person holding a permanent post, other than a non-tenure post is appointed to a new post. Where a permanent incumbent is appointed to a new post the general rule is that he should not incur any loss on his appointment to a new post and the basic pay he was drawing in the old post should be protected. Sub-clause (2) of clause (a) of this rule enunciates this principle. In a case where a permanent incumbent is appointed to a new post involving duties or responsibilities of no great importance, his basic pay in the new post has to be fixed in the time-scale of the new post at a stage where it is equivalent to the amount of pay he was drawing in the old post.

Example (2) : —Mr. A, drawing basic pay of Rs. 590/- in the time-scale of Rs. 530-15-590-20-850 is appointed to a new post carrying a time-scale of Rs. 575-20-775-25-950 but not involving higher responsibilities, then his pay in the new post should be fixed at Rs. 575/- only and the difference of Rs.15/- should be treated as personal pay as laid down in F.R. 22(a)(ii).

The above example is one where the basic pay which Mr. A was drawing in the old post does not happen to be a stage in the time-scale fixed for the new post. In case his basic pay in his old post happens to be a stage in the time-scale attached to the new post he will draw the same basic pay in the new post also. In cases however the amount of basic pay a permanent employee draws does not happen to be a stage in the scale attached to the new post, his pay should be fixed at a lower stage and the difference should be given as personal pay until such time as he would have received an increment is earned in the time-scale of new post, whichever is less. This is intended to see that the permanent incumbent does not incur monetary loss.

Example (3) : —Mr. C, in the scale of Rs. 750-30-1030-35-1300 drawing a basic pay of Rs. 840 on 1-1-1980 is appointed to a new post on 1-11-1980 carrying a scale of Rs. 800-35-1010-40-1850. His pay in the new post on 1-11-1980 will be fixed at Rs. 835/- plus a personal pay of Rs. 5/-. He will continue to get the personal pay of Rs. 5/- only until 1-11-1981 when he will get his increment of Rs. 30/- in the old post thus raising his basic pay to Rs. 870/- on 1-1-1981. As Rs. 870/- is a stage in the new post his pay in the new post will be fixed at Rs. 870/- on 1-1-1981. He will get his next increment in the new post only on 1-1-1982.

Where the minimum of the new post exceeds the substantive pay of a permanent incumbent in a non-tenure post his pay in the new post will be fixed at the minimum of the new post.

Example (4) : —Mr. E, permanent incumbent on a non-tenure post drawing a basic pay of 455/- in the time-scale of Rs. 420-10-455-15-650 is appointed to a new post carrying a scale of Rs. 530-15-590-20-850. His basic pay in the new post will be fixed at Rs. 530/- i.e., the minimum in the time-scale attached to the new post.

Appointment at request : —If a permanent incumbent on a non-tenure post gets himself appointed to a new post at his own request and the maximum pay admissible to the new post is less than his substantive pay he was drawing in the old post, he will draw the maximum pay admissible to the new post as initial pay.

Example (5) : —Mr. F, drawing a basic pay of Rs. 1050/- on a non-tenure post carrying the time-scale of Rs. 600-25-900-30-1050 post to be appointed to a post carrying a scale of Rs. 575-950, he will draw a basic pay of Rs. 950/- only in the new post. He is not entitled to any protection of his pay in the old substantive post he was holding because the appointment to the new post has been made at his own request which implies that he is prepared to accept the consequential loss.

Clause (b) of F.R. 22 :—It has already been pointed out that clause (a) applies to a case where a person holds a lien on permanent non-tenure post or would hold a lien on such a post had his lien not been suspended. Clause (b) applies to other cases such as where a person is not holding lien at all on any post or holding a lien on a tenure post, or a fresh appointee.

The general rule is that where a person who is not holding a lien on a permanent post or who is holding a lien on a temporary post is appointed to a new post he will draw the minimum of the time-scale attached to that new post, unless he is an approved probationer and has put in a continuous service exceeding three years, as indicated in Note 3 to F.R. 22.

Proviso to Clause (b) :—There may be certain occasions when a person might have been appointed as substantively or in an officiating capacity in a new post and might have been reverted back to his old post. The proviso to clause (b) is intended to protect the pay of the person drawn by him when he held the post previously. The proviso seeks to give him the same pay on reappointment to the post which he had previously held. This re-appointment may be of four different types.

Sub-clause (i) :—Re-appointment to the same post :—An officiating L.D.C. drawing a basic pay of Rs. 545/- on 1-1-1980 in the time-scale of Rs. 425-10-455-15-650 is appointed temporarily as U.D.C. on 1-2-1980 in the time-scale of Rs. 530-15-590-20-850. He acted in the capacity of U.D.C. upto and inclusive of 1-6-1982 and has been reverted as L.D.C. with effect from 2-6-1982. He has again been promoted as U.D.C. on 1-8-1982. His pay will be fixed as follows :

On the date of promotion as U.D.C. he was drawing basic pay of Rs. 545/- in the category of L.D.C. Though he was not holding the post of L.D.C. in a substantive capacity his basic pay in the category of L.D.C. enjoys protection as he is an approved probationer with more than three years service. Therefore, he will draw a basic pay of Rs. 560/- on the date of his appointment as U.D.C. i.e., 1-2-1980. He would draw increments in the category of U.D.C. on 1-2-1981 and 1-2-1982. Thus on 1-2-1982 he would be drawing a basic pay of Rs. 590/- in the category of U.D.Cs. On 2-6-1982 (A.N.) when he was reverted from the category of U.D.Cs. he was drawing a basic pay of Rs. 520/-. This basic pay of Rs. 590/- is protected by sub-clause (i)(1) of the proviso to clause (b) of F.R. 22 on reappointment to the post of U.D.C. on 1-8-1982.

Sub-clause (ii) :—Permanent or temporary post on the time-scale :—The earlier example was where L.D.C. was appointed as U.D.C. and was reverted from that post and re-appointed to the same post of U.D.C. In that example, as he was reappointed to the same post of U.D.C. the pay which he had drawn earlier as U.D.C. was protected on re-appointment to the same post. Clause (ii)(1) of the proviso seeks to protect the pay on re-appointment to a permanent or temporary post on the same time-scale. That means, if the person who was reverted from the post of a U.D.C in the earlier example is re-appointed to the post of a U.D.C. Accountant instead of to the post of U.D.C. in the same time-scale, still he enjoys protection of his pay of Rs. 590/- drawn by him when he earlier officiated as U.D.C.

Sub-clause (iii) :— Where the re-appointment is to a post on an identical time-scale :—Sub-clause (i) of clause (1) to the proviso deals with a case where re-appointment is to the same post. Sub-clause (ii) deals with a case where re-appointment is to a post on the same time-scale and this clause i.e., sub-clause (iii) deals with a case where a person had previously held substantively or officiated in a permanent non-tenure post and is reverted and re-appointment to a post with identical time-scale, he will be entitled to draw the basic pay which he had drawn earlier.

Similarly, even if a person had once acted in a temporary post having a scale identical to that of a permanent post, the same principle holds good. The means, if the person had earlier acted as U.D.C. in a temporary post that post of U.D.C. being an additional post in the category of U.D.Cs. permanently created, the person on re-appointment to a post on identical scale, gets the same benefit.

It may however be pointed out that in the revised pay scales of 1978 there are no identical scales and therefore clause (iii) is of no use at present.

Re-appointment to a tenure post :—Clause (1) of the proviso deals with non-tenure post. Clause (2) of the proviso deals with reappointment to a tenure post with identical time-scale.

Increments :—The proviso to clause (b) of Rule 22 is intended to protect the pay of person who held a post substantively or officiating in the post is reverted or re-appointment to the same post or to a post with the same time-scale or to post with an identical time-scale. As the pay is protected on re-appointment the proviso also counts the service rendered in the post in which the pay is protected.

Example :—Mr. A, an LDC drawing a substantive pay of Rs. 575/- in the time-scale of Rs. 425-10-455-15-650 on 1-4-1978 has been promoted as UDC on 2-5-1978. He officiated as UDC upto and inclusive of 1-6-1982 and has been reverted as LDC on 2-6-82. He has been re-promoted on 2-8-82. His pay will be fixed as follows : Note :—It will be noticed that the period from 2-5-82 to 2-6-82 and the period from 2-8-82 to 2-7-83 have been taken into consideration for increment. The period from 2-6-82 to 1-8-82 has been excluded because during that period he was on reversion.

An important point :—The proviso to clause (b) does not apply to cases of re-employment after resignation, removal or dismissal from public service.

The following extract from the Government of India, Ministry of Finance (Department of Expenditure) Office Memorandum No. 3379E-III (B)/65, Dt. 17th June, 1965, received with Comptroller and Auditor General's Endorsement No. 958-Auditor/92-65, Dt. the 28th June, 1965, explains the fixation of pay on re-employment after resignation—

The question whether the benefit of past service for purpose of fixation of pay can be given to a Government servant who resigns his post before taking up appointment in the new post in the same or another Department, has been under the consideration of the Government of India. Normally the benefit of past service is given only in those cases where such service has not been terminated by resignation/removal/dismissal. The President has, however, decided that in case where Government servants apply for posts in the same or other department through Proper Channel and on selection, they are asked to resign the previous posts for administrative reasons, the benefit of past service may, if otherwise admissible under the rules, be given for purposes of fixation of pay in the new post treating the resignation as a technical formality. The pay in such cases may be fixed under FR 27. These orders will have effect from the 17th June, 1985 and past cases will not be reopened. Outstanding cases may, however be dealt with in accordance with these rules.

The principle enunciated in the above Memorandum of Government of India applies equally to State Government servants who are asked to resign on administrative grounds.