F.R. 49

(1) In the case of All-India Services, the State Government possess full powers in the matter of combining appointments under Rule 49.

Interpretation of the term “independent” occurring in the rule

(2) Two posts of Assistant Secretaries, Deputy Executive Engineers, etc., shall be regarded as independent for the purpose of Rule 49, even though the duties of two such posts are similar. The posts of an Assistant Secretary or Deputy Executive Engineer, should respectively be treated as subordinate to the post of Deputy Secretary or Executive Engineer etc., of the same Department, even though they are not normally expected to discharge duties of the former posts.

[G.O.Ms No. 2484, Finance, Dt. 1-12-1960]

Note 1 :—No additional pay is admissible to the Accountant in District Police Office for holding additional charge of the post of an assistant in that office.

Note 2 :—The posts of Firka Revenue Inspectors are independent posts for the purpose of Rule 49.

(3) [Not Printed].

Pay for an additional post

(4) As Rule 49(b) requires that such pay as may be considered ‘reasonable’ in circumstances, may be given, half the presumptive pay of the post is not, therefore, to be regarded as the amount automatically permissible.

Admissibility of overseas pay in respect of more than one post

(5) [Not Printed].

(6) Presumptive pay for the purpose of Rule 49(b) should according to Rule 9(24), be taken to be what the Government servant who is placed in additional charge will draw as initial pay in the time-scale of the additional post under Rule 22, were he formally transferred to it. In cases, however, in which the maximum pay of the lower post, is less than the pay of the Government servant in his substantive post, the application of Rule 22 is not clear, and accordingly it has been decided under Rule 8 that in such a case, the maximum of the pay of the lower post should be taken as the presumptive pay for the purpose of Rule 49(b).

Admissibility of the special pay attached to a post or granted for the collateral duties of the post for purposes of determining additional pay

(7) In cases where the responsibility, or work in consideration of which the special pay is sanctioned is inseparable from the post and the special pay forms part of the permanent emolument of the post, the special pay cannot count for purposes of additional pay which must be calculated upon the officer's substantive pay only. Other cases where the work or responsibility of a post is increased by the addition of a second, but not independent post, e.g., the Principal of Medical College holding the additional post of Professor of Midwifery, do not fall within the terms of Rule 49 and the special pay will not enter into the calculation of additional pay; but the holders of such posts may receive the full special pay attached to them whether they hold two independent posts or not.

(8) The Second Saturday of a month is not a working day for the purpose of these instructions.

(9) No additional pay should be allowed, unless the officer has held additional charge for a period which, excluding holidays and optional holidays availed of and periods of casual leave, if any, exceed 14 working days.

Note :—Omitted by G.O.Ms.No. 401, Finance, Dt. 4-12-1964.

(10) An order appointing an officer to hold the current charge of the duties of a post, should, in the absence of any specific direction to the contrary, be deemed to clothe the officer with all the powers vested in full fledged incumbent of that post, eventhough he may not get the full pay of the post. Such an officer should not, however, modify or over-rule the orders of the regular incumbent of the post, except in an emergency without obtaining the orders of the next higher authority. Where the appointment to hold the current duties of a post involves the exercise of statutory or such other powers conferred on the holders of the post, the appointment should also be notified in the Gazette.

[G.O.Ms No. 41, Finance, Dt. 1-2-1961]

The competent authority who appoints a Government servant to hold or officiate in a second post in addition to his own will declare whether he officiates in or holds full charge of the additional post or is appointed merely to discharge the current duties. He should also specify in each case the amount of additional pay and allowances, if any to be granted, the amount being subject to the following limits :

(a) If the Government servant is appointed to officiate in a second post, and to hold in addition full charge of his own post he may be allowed to draw pay admissible under clause (a) of Rule 49, and in addition in respect of additional post, pay which should not exceed one-fifth of his officiating pay. The pay admissible under clause (a) of Rule 49, may however, be specifically be reduced by the competent authority at its discretion.

If a compensatory allowance is attached to the additional post he may be permitted to draw it in full. If such allowance is attached to the additional post, as well as his own post, the allowance which may be granted to him should not exceed the larger of the two allowances.

(b) If the Government servant is appointed to hold full charge of a second post in addition to his own, the additional pay which may be granted to him in respect of additional post, should not exceed one-fifth of his officiating pay. The drawal of compensatory allowances will be regulated as in clause (a) above.

(c) If the Government servant is appointed to discharge only the current duties of a second post in addition to his own, the additional pay which may be granted to him in respect of the additional post, should not exceed one-tenth of his officiating pay, in addition to pay, and compensatory allowances, if any admissible in his regular post. [G.O.Ms.No. 2484, Fin., Dt. 1-12-1960]

Note 1 : —In case of a Government servant who has a lien or no lien on a permanent post, the pay which he draws in a higher officiating post from time to time but for appointment to one or the other of the higher posts may be considered as substantive pay for purpose of these instructions, subject to the condition that he is an approved probationer and that he has put in a continuous service of three years in that post and that the delay in his confirmation is not due to his fault or short coming.

[G.O.Ms. No. 256, Finance, Dt. 3-9-1969]

Note 2 : —The additional pay that may be granted to a Government servant under clauses (a) and (b) should in no case exceed half the minimum pay of the additional post, and the additional pay that may be granted under clause (c) should in no case exceed one-fourth of the minimum pay of the additional post.

Note 3 : —[ Not Printed ].

No additional pay should be granted unless the previous incumbent of the additional post held, has actually given over charge thereof under orders of competent authority and unless the period of additional charge exceeds fourteen working days in the case of full additional charge and one month in the case of discharge of current duties only. [G.O.MsNo. 197, Finance, Dt. 4-7-1964]

The drawal of additional pay should not be allowed for a period exceeding six months, out of which in respect of the first three months, the rate of additional pay should be as laid down in instruction 1 above and for the succeeding period it should be one half thereof. [G.O.Ms.No. 197, Fin., Dt. 4-7-1964]

Additional pay should be granted only if the post held in additional charge is independent and not subordinate to the regular post held by the Government servant concerned.

Note : —In the case of a Non-Gazetted Ministerial Government servant, additional pay should be granted subject to the head of office certifying that additional charge arrangement could not be avoided due to lack of suitable candidate for promotion or appointment from the approved list or the Employment Exchange as the case may be.

[G.O.Ms.No. 2484, Finance, Dt. 1-12-1960]

Non-Gazetted Ministerial employees of Panchayat Samithis and Zilla Parishads are eligible for the additional charge allowance in terms of the provisions under Rule 49 of F.R. [Govt. Memo. No. 4161, Est. II/77-1, P.R., Dt. 26-11-1977]

Additional remuneration should not be allowed as a matter of course or granted when the extra duties to be performed are only nominal or comparatively light. Additional remuneration should not be allowed during any period of vacation, unless the additional duty is actually performed during such period.

A School Assistant who is placed in full additional charge of the post of Headmaster or Headmistress in a Government Secondary and Training Schools and draws additional pay therefor, may be allowed the special pay attached to the latter post.

The additional pay drawn under the above rules may be reckoned as pay for calculation of D.A., H.R.A., C.C.A. etc. [G.O.Ms.No. 401, Fin., Dt. 17-11-1977]

[Govt. Rev. No. 24587/376/FR I & L/13-I, Dt. 19-2-1974]

Order :—In respect of combination of appointments under F.R. 49 the grant of C.A. is under F.R. 49 (c) read with instructions thereunder. According to the instructions, if a C.A. is regulated attached to the additional post, an employee appointed to the post under F.R. 49 may be permitted to draw it in full. If such allowance is attached to it, the additional post, as well as his own post, the allowance which may be granted to him should not exceed the larger of the two allowances. In view of this question of calculating separately, the D.A., H.R.A. & C.A. on the “additional pay” drawn in respect of second post does not arise.

(2) The additional pay sanctioned under F.R. 49 shall not be treated as pay for purpose of working out average pay for drawing leave salary as the same is not specifically classed as pay under F.R. 9(21)(a)(iii).

(3) Further, the “additional pay” sanctioned under F.R. 49 is a separate entity, being temporary addition in nature and shall not be taken into account for working out marginal adjustments in calculating “adhoc increase in D.A. etc., that may be sanctioned by Govt. from time to time.”

[Cir.Memo.No. B-92-7/044/450/FR.II/A2/92 of Fin. & Plg. Dept., Dt. 6-4-1985]

Order : —In consonance with the provision under Fundamental Rule 49 and according to Delegation 1 thereunder a Head of the Department is empowered to appoint a Government servant to hold a post temporarily (i.e., to place a Government servant in full additional charge) for a period not exceeding 3 months, in not more than two posts which are either Gazetted or non-Gazetted below the regional level i.e., confined to a single district. The competent authority who appoints a Government servant to hold full additional charge of a second post in addition to his own, is the authority who is empowered to sanction the additional pay for the first three months at 1/5th of the officiating pay of the Government servant, in terms of Instruction 1 read with 1(b) under F.R. 49. Thus the Head of the Department, in case the additional charge is upto first three months and the Government in case beyond first three months and upto six months, should place a Government servant in full additional charge.

No Government employee should be placed in full additional charge and no additional pay is sanctioned unless the previous incumbent of the additional post held has actually given over the charge of the post to the new incumbent and that the additional pay is not admissible if the full additional charge arrangement or discharging of current duties does not exceed fourteen working days and one month respectively, as per Instruction 2 under F.R. 49. Hence, there exists no provision for placing an employee in full additional charge and claiming additional pay with retrospective effect.

In case where full additional charge arrangements is to be extended or continued beyond the first three months, the Head of the Department shall submit the proposal to that effect well in advance and obtain prior approval of the concerned Administrative Department of the Secretariat if such an arrangement is inevitable. Under no circumstances, the Head of the Department should come up with such proposal long after the termination of such an arrangement. Instructions to this effect were already issued in Cir. Memo.No. 3917/127/FR.II/82, Dt. 23-3-1982.

After getting prior approval or sanction of the concerned Administrative Department of the Secretariat for extension or continuation of the full additional charge arrangement either for the next three months or less in respect of Gazetted Officers the Head of the Department is then empowered to sanction the additional pay for the period beyond first three months and upto the maximum permissible period of six months or less as the case may be, in terms of orders, issued delegating the powers to them in G.O.Ms.No. 282, Fin. & Plg. (FW.FR.I) Department, Dt. 11-8-1977. However, since no delegation of powers was made in respect of Non-Gazetted Officers for payment of additional pay for the period beyond first three months and upto six months or less as the case may be, the orders of Government are necessary.

Further, it has come to the notice of this Department that full additional charge arrangements are being made by posting employees of various Corporations/ Societies etc., in the Government posts. Such arrangements are not permissible under F.R. 49, since the provisions under Fundamental Rule 49 are applicable only to the Government employees holding full additional charge of Government posts.

Very often, this department is coming across a situation where clarifications are sought by the Departments of Secretariat on the admissibility of additional pay when orders were issued keeping employees in full additional charge in vacant posts. When the bills have been preferred on the P.O.O. it is stated that, they are being returned on the ground that additional pay is not admissible for the additional charge arrangements made against vacant posts, as per Government instructions.

It has been noticed that, the Department of Secretariat, and the Heads of Departments while making full additional charge arrangements in their Departments, the orders issued are bereft of the details such as (1) whether the full additional charge arrangements are made against leave vacancy or against-retirement of a member of service and (2) name of such employee in whose place the full additional charge arrangement was made. Thereby the audit office appears to have been experiencing difficulty in identifying the post(s) against which the full additional charge arrangements are made/continued while processing the claims for additional pay. Hence the claims which are bereft of the above information are subjected to return. However, no additional charge arrangements are to be made against a vacant post. That is to say the additional charge arrangements should not be made against newly created posts which were not at all filled up originally after creation by posting any employee in such post. Instructions to this effect were already issued in Memo.No. 8345/175/F.R.II/85-1, Fin. & Plg. (FW : FR.II) Department, Dt. 6-4-1985.

Hence all the Secretariat Departments and Heads of Departments are informed that whenever any full additional charge arrangements are made they may follow the above instructions scrupulously to avoid any irregularity in placing an employee in full additional charge of while sanctioning additional pay therefor.

(Memo. No. 20225/219/FR.II/99, F & P (FW.FR.II) Dept., Dt. 23-07-1999)

Ref. := 1. Cir. Memo. No. B-92-7/044/450/FR.II/A2/92, of Fin. & Plg. (FW.FR.II) Dept., Dt. 28-10-1992.

G.O.Ms.No.189, of G.A. (Ser.C) Dept., Dt. 20-4-99.

Order :—It has been brought to the notice of the Government that whenever any Government employee is placed under suspension in any disciplinary case, the consequential vacancy is being filled up either by promotion or appointment by transfer by an eligible person. It is further noticed that inordinate delay is being caused to dispose of such disciplinary cases. Thereby, the person promoted or appointed by transfer is being continued in such vacancy for a long time.

Government after careful examination of the above position hereby decided to issue further instructions to Cir. Memo. 1st cited to the effect that Full Additional Charge arrangements shall be made in the vacancies arising due to placing of a Government servant under suspension in any disciplinary case, wherever necessary under F.R. 49 and shall not be filled up by promotion or appointment by transfer.

(Circular Memo. No. 15727-A/187/A2/FR.II/2000, Finance and Planning (FW-F.R.II) Dept., Dt. 27-5-2000)

Order :—It has been brought to the notice of the Government that several Drawing & Disbursing Officers are preferring claims in respect of full Additional Charge Allowance including the Compensatory Allowance of the additional (second) post at rates prescribed under instruction No.1(b) of FR.49, which is not in accordance with the rules in force.

Therefore, it is hereby clarified that if a Compensatory Allowance is attached to the additional post, the Government Servant may be permitted to draw it in full. If such allowance is attached to the additional post, as well as his own post, the compensatory allowance which may be granted to him should not exceed the larger of the two allowances.

All the Departments of Secretariat and Heads of Departments are requested to follow the above instructions scrupulously.

(Memo. No. 25778/350/A2/Fr.II/2000, F & P (FW.FR.II) Dept., Dt. 02.09.2000)

Order :—In the reference cited, the Director of Treasuries and Accounts, A.P., Hyderabad has requested a clarification on the admissibility of D.A., H.R.A. & C.C.A. on Additional Pay sanctioned under FR. 49.

It is clarified that orders were issued in G.O.Ms.No. 401, Finance & Planning (FW.FR.I) Dept., Dt. 17.11.77 to the effect that the additional pay admissible under FR. 49 shall be treated as pay under FR. 9 (21)(a) and that the Additional Pay sanctioned under FR. 49, may be reckoned as pay for the purpose of calculation of Adhoc Dearness Allowance, House Rent Allowance, City Compensatory Allowance and Leave Salary.

Deputation out of India

The head of a department is empowered to appoint for a period not exceeding 3 months a Government servant to hold temporarily or to officiate in, not more than two posts which are either Gazetted or non-Gazetted below the regional level (i.e.), confined to a single district. In the case of other Gazetted posts, the Head of a department may make similar appointment when it is not proposed to grant any additional pay and allowances.

Note :—The power under this delegation may be exercised by the Chief Conservator of Forests in respect of all Forest Officers other than Conservators, namely the District Forest Officers, Working Plan Officers, and other officers of the same rank holding posts inter-transferable, irrespective of the extent of jurisdiction whether it ranges over one district or more.

The Inspector-General and Inspector-General of Police is empowered to delegate to the Deputy Inspectors-General of Police the power to appoint for a period not exceeding 3 months, Inspectors, Sub-Inspectors, Office Superintendents and Accountants of District Police Offices to hold in additional charge temporarily, another post.

[Not Printed].

The Collector/Special Collectors are empowered to make additional charge arrangements in respect of post of Deputy Collectors/Tahsildars/Deputy Tahsildars, confined to their Districts/Jurisdiction for a period not exceeding three months under intimation to the Commissioner of Land Revenue, subject to the condition that any additional pay and allowances shall not be proposed to be granted.

[G.O.Ms.No. 182, Fin. & Plg., Dt. 5-5-1976]

The Additional Registrar of Co-operative Societies dealing with non-Gazetted establishment is empowered to appoint Non-Gazetted Government Servants, for a period not exceeding 3 months to hold temporarily or officiate in not more than two Non-Gazetted posts below the regional level and to grant additional pay and allowances subject to the limits prescribed in F.R. 49 and instructions thereunder. [G.O.Ms No. 352, Fin. & Plg., Dt. 16-12-1980]

[6. The Head of the Department is empowered to appoint for a period not exceeding 3 months, a Government Servant who is working in a Corporation and Agencies like I.T.D.A., D.R.D.A., etc., on deputation/Foreign Service, to hold full additional charge of a Government post in the Government Department either Gazetted or Non-gazetted, below the regional level i.e., confined to a single district. Beyond the initial period of 3 months, in cases where the additional charge arrangements are to be continued for a further period, Government in the concerned administrative department are competent to continue for a further period and the payment of additional pay should not be allowed for a period exceeding six months. The expenditure on account of additional pay in such cases shall be borne by the Foreign employer initially and such Foreign employer may claim reimbursement of such additional pay from the concerned Government Department/Office in which the Officer performs the additional duties by following the orders issued in G.O.Ms.No. 35, Finance, Dt. 21-1-1976 for claiming reimbursement. The provisions of Fundamental Rule 49 will be applicable in respect of all other conditions for placing in additional charge and payment of additional pay.]

[Added by G.O.Ms.No. 152, Fin. & Plg. (FW : FR-II) Dept., Dt. 13-5-1993]