Fixation of Officiating pay under FR 22-C/FR 31
Government Of India
Ministry of Finance
(Department Of Expenditure)
New Delhi, dated 6th Auguest, 73.
Subject: Fixation of Officiating pay under FR 22-C/FR 31.
The undersigned is directed to refer to para 3 of this Ministry’s O.M.No.f.2(9)Estt.III/60 dated 28.4.60 (copy enclosed) which provides that the officiating pay of the government servant would be refixed under FR 31(2) from the date of return from leave, where the period of leave does not count for increment in the officiating post, because the government servant is deemed to lose all connaction with that post during that period. A question has been raised whether similar refixation can also be alowed under Fr 22-C if the government servant proceads on extra – ordinary leave on private affairs which does not count for uncrement in the officiating post.
2. The question has been considered in consultation with the comptroller and auditor genral of india. after the introductio of FR 22-C which secks to eliminate alotgether the process of repeated refixation of officiating pay envisaged under the provisions of FR 31(2), it will not be in accordance with the spirit of the rules, to allow a refixation of pay again under FR 22-C in same officiating post by treating short spells of extra – ordinary leave as effective breaks in the officiating appointment involving a notional reversion to the lower cadre post.It has accordinly been decided that so long as it is clear that but for the spell of extra-ordinary leave the individual wouldhave conitned to officiate in the same post, there should be no need for the refixation of pay in that post with reference to any increase in pay accruing in the lower post by annual increment etc.
3. The provisions of para 3 of the O.M.of 28-04-60 referred to above will also stend modified as follows:-
If, however, the period of leave does not count for increment in the officiating post, the govt servant will be entitled to get his officiating pay refixed in case of any increase in the substentive pay occurring during the period of such leave, only from the date of his roturn from leave and in thatcase the next increment will fall due only on complation of prescribed period of prescribed period of duty for earnins increments reckoned form the date of resuming charge unless he becomes entitled to refixation of pay under FR 31(2) once again from an earlier date.
4. These orders will take effect from the date of issue and the earlier cases should be decided in accordance with the rules praviling at the relavant date.
Deputy Secretary to the Govt. of India.