Waiving recovery of pay and allowances overdrawn in cases where the pay has been reduced on refixation in the scales prescribed under the Central Civil Services (Revision of Pay) Rules, 1947

Waiving recovery of pay and allowances overdrawn in cases where the pay has been reduced on refixation in the scales prescribed under the Central Civil Services (Revision of Pay) Rules, 1947

No.F.4 (12)-Est.(Spl)/48

Government of India.

Ministry of Finance.

 New Delhi, the 30th March, 1943

 OFFICE MEMORANDUM

 Subject:- Waiving recovery of pay and allowances overdrawn in cases where the pay has been reduced on refixation in the scales prescribed under the Central Civil Services (Revision of Pay) Rules, 1947,

The Undersigned is directed to say that at the time of issue of the Cental Service (Revision Of Pay) Rules, 1947, all the administrative authorities were requested to complete the revision of scales of pay of posts in the establishments under their control, as quickly as possible.  It was expected that the process would be completed within a short period after the 15th August, 1947, the date preceding the last date from which the prescribed scales were to be effective.  Accordingly, it was decided that recovery of overpayments pertaining to the period thereafter should be recovered on fixation of pay in the prescribed scale.  For one reason or another, the process was delayed in some cases, with the result that the incumbents of such posts continued to  draw pay in the “existing scales” for long periods beyond the date from which the prescribed scales were to be effective.  Eventually when their pay was refixed in the prescribed scales in the accordance with the Central Civil Services (Revision of Pay) Rules, 1947 or under the normal rules where the Government servant concerned was appointed to the post after the crucial date of election, there was a reduction in pay in some cases, particularly in the case of holders of non-permanent posts.  As a result, large sums have become recoverable in some cases, and it has been represented that the recovery of the overpayments will cause undue hardship to the affected individuals.  After careful consideration of these factors, the Governor-General has decided to waive the recovery of amounts which were actually overdrawn on or before the date of issue of the formal orders prescribing the scales of pay for the posts concerned.  In case where overpayments which would have been waived under these orders have already been recovered, the amounts so recovered should be refunded to the Government servant concerned after making necessary adjustments, in respect of the overpayments, if any, made after date on which the scale was prescribed for the post.

 2. These orders do not in any way affect the recovery of overpayments to be effected as a result of change in the date of option made in accordance with the orders issued from time to time. e.g. this Ministry’s Office Memorandum No.F.10(90)-Est(Spl)/48, dated the 17th December, 1948.

 3. The undersigned is also directed to say that it is necessary to prescribe scales of pay under the Central Civil Services (Revision of Pay) Rules, 1947, for all posts which were in existence on the 16th August, 1947. Similarly posts created after that date have to be brought within the pay structure recommended by the Central Pay Commission by suitably revising, wherever necessary, the scales of pay sanctioned for the posts at the time of their creation.  Administrative authorities are requested to verify whether scales of pay have been prescribed for all the posts in the establishment under them.  If there are any posts for which scales have yet to be prescribed, proposals in respect of such posts should be sent to the Ministry of Finance by the 30th April, 1949 at the latest.

 Sd/-

(B.L. Batraj)

Deputy Secretary to the Government of India.

 Source: http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/30-03-1949.pdf