Central Civil Services (Revised Fay) Rules, 1960 -Fixation of Pay in the officiating post under Rule 10(3)
No.12(4)-Est(Spl)/60
Government of India
Ministry of Finance
(Department of Expenditure)
New Delhi-2, dated the 24th February, 1961
From
Shri Hot Chand,
Under Secretary to the Govt* of India.
To
The Accountant General,
Mysore, Bangalore,
Subject; Central Civil Services (Revised Fay) Rules, 1960 -Fixation of Pay in the officiating post under Rule 10(3).
Sir,
I am directed to refer to your letter No.GAD.4/C.II/ 1114 dated the 15th November, 1960, on the subject mentioned above and to say that the ceiling limits laid down in Rule ’10(2) of the Central Civil Services (Revised Pay) Rules, 1960 are applicable in respect of pay in the revised scale fixed under Rule 10(1). If on refixation of pay under sub-rules (1) and (2) of rule 10, the basic pay in the officiating post is equal to or lower than the substantive pay, the former shall be refixed under sub-rule (3) of rule 10, at the stage next above the substantive pay, even though the pay so refixed exceeds the ceiling limits or the total of pay and personal pay.
2.In the case referred to in your letter, the incumbent’s officiating basic pay in the revised scale will be fixed at Rs,700 in the scale of R.400-400-450-30-510-EB-700-40-1100-50/2-1250 as his officiating pay (excluding personal pay in the revised scale) is Rs.510 which is less than his substantive pay of Rs.590 fixed for him in the revised scale of Rs.350-900. He will draw his next increment on the date it falls due in the revised scale viz.,1-7-1960 as the provisions of rule 11 are applicable only when pay is fixed under rule 10(1).
Yours faithfully,
( HOT CHAND )
Under Secretary to the Government of India.
Copy of letter No.G.a.D.4/C.II/1114. dated the 15th November, 1960 from the Office of the Accountant General, Mysore, Bangalore, addressed to the Deputy Secretary to the Government of India, Ministry of Finance, New Delhi.
Subjects- Central Civil Services (Revised Pay) Rules, 1960 -Fixation of pay in the officiating post under Rule 10(3).
According to Rule 10(3) of the Central Civil Services (Revised Pay) Rules, 1960 if the pay in the officiating post fixed in accordance with Rules 10(1) and 10(2) is equal to or lower than the pay as fixed in the substantive post, the former should be refixed at the stage next above the substantive pay. But it is not clear whether such a refixation has to be done even in cases where the pay in the substantive post is above the stage pay in the officiating post but is less than the total pay in the officiating post, inclusive of the personal pay allowed as per Note I below rule 10(2) and also whether such refixation has to be done even if the benefit consequently accruing exceeds the ceiling limit laid down in Rule 10(2)
A concrete case is given below by way of Illustrations:-
|
|
Substantive post |
Officiating Post |
|
Old Scale |
Standard Class II Rs.275- 800). |
Central Services Class I Grade II (Junior scale). (Rs.350-850) |
|
New Scale |
(Rs.350-900) |
(Rs.400-1250) |
|
Pay in the old scale on 1.7.1959 |
Rs.500 |
Rs.530 |
|
Dearness Allowances |
Rs.70 |
Rs.85 |
|
Total |
Rs.590 |
Rs.615 |
|
Pay fixed in the revised scale (i), Rule 10(1) |
Rs.590/- |
Rs.820 |
|
Pay fixed in the revised scale (ii) ,Rule 10(2). |
Rs.590 |
Rs.665(Rs.510 + Personal pay) as per note 1 under Rule 10(2) ceiling, limit of Rs.50/- applied) |
In the explanatory memorandum it has been stated that Rule 10(3) follows the provisions of FR31(2). As according to F.R.31(2) the pay in the officiating post has to be fixed at the stage next above Rs.590/- in the substantive. post, the pay of the officer will have to be fixed at Rs.700/- in the scale 400-1250. But such fixation would exceed the ceiling limits fixed under Rule 10(2) of the pay fixation rules. Therefore the pay to be allowed in such cases may please be clarified.
A very early reply is requested.
Source: http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/24-02-1961.pdf