F.R. 35

Scope of the Rule

(1) One class of cases falling under this rule is that in which a Government servant merely holds charge of the current duties and does not perform the full duties of the post.

Fixation of initial pay of a Government servant on his confirmation in a post in which he officiated previously but drew pay which was less than the minimum of the time-scale attached thereto.

(2) 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 Rule 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(b) and draw the next increment after he has put in duty for the usual period required calculated from the date of his confirmation.

(3) If a Government servant appointed to officiate in a higher post takes charge of that post on an afternoon, and earns an increment in the scale attached to his permanent post with effect from the next day, his pay in the officiating post should be fixed with reference to the substantive pay on the date of taking over charge, even though he will draw the officiating pay with effect from the next day only, i.e. , the increment should not be taken into account in fixing his officiating pay.

The head of a department is empowered to exercise full powers under this rule.