IREC Rule No.1303: [FR-9(21)(a) Pay

1303. [FR-9(21)(a) Pay:-

Pay means the amount drawn monthly by a Government servant as;

(i)  The pay other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre; and

(ii)  Overseas pay, special pay and personal pay; and

(iii) Any other emoluments which may be specifically classified as pay by the President.

Average Pay means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay;

Provided that in respect of any period spent on Foreign Service out of India the pay which the railway servant would have drawn if on duty in India but for Foreign Service out of India shall be substituted for the pay actually drawn;

Provided further that in the case of railway servants entitled to running allowance, average pay for the purpose of leave salary shall include a fixed component representing pay element in the running allowances as notified by government through administrative instructions from time to time.

Audit Instructions: 

(1)   Average Pay: According to the definition of ‘Average Pay’ in this Rule, the average is to be taken of the monthly pay earned during the 12 complete months immediately preceding the month in which the leave is taken and for this purpose ‘the 12 complete month immediately preceding’ should be interpreted literally. 

(2)   Definition Of Month: The term ‘Month’ in this Rule means ‘Calendar Month’ in calculating a period expressed in terms of months and days, complete calendar months, irrespective of number of days in each, should first be calculated and the odd number of days calculated subsequently.

(3)   Ministerial servant means a railway servant of a subordinate service whose duties are entirely clerical and any other class of servant specially defined as such by general or special order of a competent authority.

(4)     In the case of Civil Government servant sent for training or embodied / called upon for duty in the Territorial Army. Auxiliary Air Defence Reserve, the leave salary should be calculated on the basis of the pay which he would have received if he had not proceeded on training etc. the pay under the Army / Air Force Rules actually drawn during the period of training or embodiment should not be taken into account for this purpose.