Fixation of officiating pay under F.R. 31
No.F.2(49)-E.III/61
Government of India
Ministry of Finance
(Department of Expenditure)
New Delhi-2, the 13th September, 1961.
OFFICE MEMORANDUM
Subject:- Fixation of officiating pay under F.R. 31.
The undersigned is directed to say that doubts have been raised in the matter of fixation of pay under F.R. 31 in the following types of cases, namely:-
(a)whether refixation of officiating pay under F.R. 31(2 ) will be permissible in a case where the increment of a Government servant at a particular stage or the Efficiency Bar stage in the officiating post has been withheld for failure to pass a department examination;
(b)whether in cases where the refixation of pay under F.R. 31(2) takes the pay of a Government servant above the Efficiency Bar stage, such refixation should be allowed automatically even if the competent authority feels that the Government servant is not fit to cross the efficiency bar, for reasons other than failure to pass a departmental examination.
2.In respect of cases falling under para 1(a) above even under the existing provision of F.R. 31, the refixation of pay can be denied by involving the provisions of F.R. 35. This is because of the fact that the refixation of pay under F.R. 31(2) is also subject to the provisions of F.R. 31(2) is also subject to the provisions of F.R. 35. However F.R. 31 is being amended as in the advance copy of the Notification enclosed.
3.In regard to cases falling under para 1(b) above, it has been clarified in this Ministry’s Office Memorandum No.F.2(40)-Est.III/59 dated the 1st September, 1959 that the refixation of pay above the efficiency bar stage will be automatic. However, in cases where the competent authority feels that such refixation should not be allowed for the reason that the Government servant concerned is not actually fit to cross the Efficiency bar, the refixaiton of pay can be denied by invoking the provisions of F.R. 35 by issue of special orders in respect of each such case.
In cases where no such special orders are issued the position would be as stated in this Ministry’s Office Memorandum dated the 1st September 1959 quoted above.
4.In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders have been issued after consultation with the Comptroller and Auditor General.
Sd/-
(RABI RAY)
Deputy Secretary to the Govt. of India.
http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/13-09-1961.pdf