22.10.1990 - Clarification on Restriction of Officiating pay under FR 35
This Office Memorandum clarifies the circumstances under which restrictions on officiating pay under Fundamental Rule 35 apply following the amendment of the Fundamental Rules on pay fixation. It decides that restrictions under Fundamental Rule 35 shall not be invoked when a promoted employee fulfills the prescribed eligibility conditions, but may be applied to non-regular promotions within the cadre if pay fixation results in a substantial increase.
- For appointment on promotion in the normal line within the cadre that is not on a regular basis, pay may initially be fixed under FR-22(I)(a)(1) (erstwhile FR-22-C).
- If pay fixation on such non-regular promotion results in a substantial increase, the pay may be restricted under FR-35 in accordance with DP&T O.M. No. 18/12/85-Estt.(Pay.I) dated 18.7.1986, as modified by O.M. No. 18/26/86-Estt.(Pay.I) dated 29.7.1987.
- Restrictions under FR-35 are not to be invoked where a Government servant holding a post in a substantive, temporary, or officiating capacity is promoted or appointed to another post carrying duties and responsibilities of greater importance, provided the eligibility conditions prescribed in the relevant Recruitment Rules are fulfilled.
- Under amended FR-22(I)(a)(1), which was introduced through Notification No. 1/10/89-Estt.(Pay.I) dated 30.8.1989 amending FRs 22, 22-C, 30, and 31, pay fixation applies in all cases of promotion where the employee meets the eligibility conditions prescribed in the relevant rules.
- In respect of persons serving in the Indian Audit and Accounts Department, the orders are issued after consultation with the Comptroller and Auditor General of India.
No. 1 /10/89-Estt.(Pay.I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, the 22.10.1990
OFFICE MEMORANDUM
Subject:- Restriction of officiating pay under FR-35- Clarification regarding
The undersigned is directed to say that prior to the issue of this Department's Notification No.1/10/89- Estt.(Pay.I) dated 30.8.1989, amending FRs 22, 22-C 30 & 31, FR 22-C was applicabla for pay fixation on promotion on regular as well as on ad hoc basis. It has, however, now, been provided in the amended rule that FR- 22(1)(a)(1), will apply in all those cases of pay fixation where the promoted persons fulfil the conditions of eligibility prescribed in the relavant Rules for promotion. With the issue of the said amendment it has become necessary to specify under what circumstances, the restrictions imposed under FR-35 and as communicated in this Deptt.'s 0.M. No. 18 /12 /89-Estt.(Pay.I) dated 18.7.86 and O.M. No. 18/26/86- Estt.(Pay.I) dated 29.7.87 would apply.
2. The matter has been considered and the President is now pleased to decide that in cases of appointment on promotion in the normal line within the cadre but which are not on regular basis, initially the pay may also be fixed under FR-2 2(I)(a)(1)(erstwhile FR-22.C). If there is substantial increase in pay s0 fixed, the pay may be restricted under FR-35 in accordance with the provisions contained in DP&T's O.M. No. 18/12/85-Estt.(Pay.I) dated 18.7.86 and modified vide No. 18/26/86-Estt.(Pay.I) dated 29.7.87.
3. The effect of this order is that restrictions under FR.35 are not to be invoked where a Govt. servant holding the post in substantive or temporary or officiating capacity is promoted or appointed in substantive or temporary or officiating capacity as the case may be, subject to the fulfilment of the eligility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance.
4. In so far as parsons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.
Hindi version is enclosed.
(T.O. Thomas)
UNDER SECRETARY TO THE GOVT. OF. INDIA
To
All Ministries/Deaprtments of Govt. of India
(As par Standard list)
Copy also forwarded to:-
- Controller General of accounts/Controller of Account Ministry of Finance.
- Secretaries to Union Public Service Commission / Supreme Court of India/Election Commission/Lok Sabha Sectt./Rajya Sabha Sectt./Cabinet Sectt./Central Vigilance Commn. / President's Sectt./Vice President's Sectt./Prime Minister's Office/Planning Commission.
- Department of Personnel & Training (AIS Div.)/JCA. Admn. - Section
- Addl. Secretary (Union Territories), Ministry of Home affairs
- All State Governments and Union Territories.
- Governors of all States/Lt. Governors . of Union Territories
- Secretary, National Council (Staff Side), 13-C, Feroz Shah Road, New Delhi.
- All Members of the Staff side of the National Council of JCM/Departmental Council.
- All Officers/Sections of the Department of Personnel and Training/Department of A.R.&P.G./Department Of Pensions and. Pensioners' Welfare.
- 200 spare copies.
(T.O. THOMAS)
UNDER SECRETARY TO THE GOVT. OF INDIA