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krishnan09
10-03-2010, 07:59 PM
Restriction of officiating pay under FR 35

As per Fundamental Rules (FR.35) the Central Government may fix the pay of an officiating Government servant at an amount less than that admissible under these rules. The orders are being issued from time to time indicating the circumstances and the extent to which provisions of FR35 would apply. That means there is no fixed rule for adopting. There is a doubt, whether this time the restriction is applicable for adhoc/local promotion and regular also as was prevailing till 4th cpc. With the changes of circumstances often for restriction, the government used to specify under what circumstances the restrictions imposed under FR35.

1. During the time of 5th cpc, the restriction (FR.35) was adopted on promotion in the normal time within the cadre but which are not on regular basis, so as not to exceed the basic pay in the revised scales by more than the amount 15% or 12.5% subject to below Rs.8000 and above Rs.8000 respectively or maximum of rS.1000/- per month .

2. This time circumstances for changes was “ replaced the existing criteria of basic pay regarding imposition of the above restriction by the criteria of pay in the pay band” . Accordingly enhanced the maximum limit to Rs.2000/- with a change of pay in the pay band upto and above Rs.14,880/- or the same percentage.

3. During 5th cpc, under FR 35, government said that restriction will not be invoked in respect of regular cadre promotion and granted fixation at the minimum/or otherwise of the scale where the employee who becomes due for promotion falls within the zone of consideration and fulfils all the conditions of eligibility prescribed in the Recruitment Rules for promotion.

4. This 6th cpc, the above para 3 is purposely avoided in the Office Memorandum which needs clarification in the OM dated 8.3.2010. There is a doubt, whether this time the restriction is applicable for adhoc/local promotion and regular also as was prevailing till 4th cpc. With the change of circumstances for restriction, the government used to specify under what circumstances the restrictions imposed under FR35. This time simply mentioned pay in the pay band that too including the difference of grade pay between the feeder and the promotional post.

5. In 5th cpc, pay is to be fixed under FR22(1)(a)(1) initially and restricted under FR.35

As per my observation, it is applicable for all kind of promotions this year until and unless any clarification issues.

Kindly give suggestions for better clarity.
krishnan

Victor
13-05-2011, 09:34 PM
The OM dated 8.3.2010 only tries to revise the old ceilings prescribed under FR 35, consequent to implementation of CCS(RP) Rules, 2008. The OM in fact takes cognizance of the various orders "issued from time to time indicating the circumstances and the extent to which provisions of FR 35 would apply". DOPT has not superseded or withdrawn any of these orders. Hence, these orders continue to be applicable even after the issue of OM dated 8.3.2010.

Victor