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View Full Version : Restriction of pay under FR.35 - Whether the OM is genuine?



krishnan09
12-05-2011, 09:30 PM
I would like to know whether the following OM of DOPT is genuine. If not fake one, why the contents are not followed while fixing the pay of Kabui restricting pay under FR.35.


No.F.1/4/2009-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi the 8th March, 2010.

OFFICE MEMORANDUM

Subject: Restriction of officiating pay under FR 35 - clarification - regarding.

The undersigned is directed to say that in terms of the provisions contained in Fundamental Rule 35, the Central Government may fix the pay of an officiating Government Servant at an amount less than that admissible under the Fundamental Rules. Accordingly, orders have been issued from time to time indicating the circumstances and the extent to which provisions of FR 35 would apply. This Department's OM NO. 18/7/98-Estt (Pay-I) dated 15th December, 1998 lays down the ceilings based on the pay scales sanctioned by the Government on the recornendation of the Fifth Central Pay Comission.

2. The question of revising these ceilings consequent upon implementation of CCS(RP) Rules, 2008, which have replaced pre-revised pay scales by the running pay bands and grade pay, has been considered by the Government and the President is pleased to decide to replace the existing criteria of basic pay regarding imposition of the above restriction by the criteria of pay in the pay band. Accordingly, the pay under FR 35 shall be restricted so as not to exceed the basic pay in the revised scales by more than the amounts shown below:


a) For employees in receipt of Pay in the pay band above Rs.14,880 p.m. 12-1/2% of the basic pay subject to a maximum of Rs.2,000 p.m. (including the difference of grade pay between the feeder and the promotional post)

a) For employees in receipt of Pay in the pay band upto Rs.14,880 p.m. 15% of the basic pay subject to a maximum of Rs.2,000 p.m. (including the difference of grade pay between the feeder and the promotional post)


3. Insofar as the rate of increment to be drawn in cases where the pay is fixed under FR 35 is concerned, the Government servant may be allowed to draw his annual (F.No.1/4/2009-Estt(Pay-I) dated 8 March, 2010) increment @ 3% of the basic pay granted to him after imposition of restrictions under FR 35.

4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.

5. Hindi version will follow.

(RITA MATHUR)
DIRECTOR ( PAY)

Victor
13-05-2011, 09:45 AM
"...Restriction of officiating pay under FR 35 will not be invoked in respect of regular cadre promotion 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."
DOPT OM No. 18/7/98-Estt (Pay-I) dated 15th December, 1998

Also please refer to GIO (3) below FR 35.

As Shri Kabui was promoted on a regular basis within his cadre, the provisions of FR 35 will not be attracted in his case.

Victor

krishnan09
13-05-2011, 07:41 PM
Dear Mr.Victor

I have already given my observation on this aspect long back in discussion forum ie., on 10.3.2010. See this link http://gconnect.in/forums/showthread.php?1239-Restriction-of-officiating-pay-under-FR-35

krishnan

Victor
13-05-2011, 09:33 PM
Dear Mr.Victor

I have already given my observation on this aspect long back in discussion forum ie., on 10.3.2010. See this link http://gconnect.in/forums/showthread.php?1239-Restriction-of-officiating-pay-under-FR-35

krishnan

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