IREC Rule No.1317: (FR-23) Change Of Pay Of Post

1317. (FR-23) Change Of Pay Of Post:-

The holder of a post, the pay of which is changed shall be treated as if he were transferred to a new post on the new pay; provided that he may at his option retain his old pay until the date on which he has earned his next or any subsequent increment on the old scale, or until he vacates his post or ceases to draw pay on that time-scale. The option once exercised is final.

Audit Instructions:

(1)   Officiating Railway Servants: This rule applies to an officiating as well as to a substantive holder of a post.

(2)   Subsequent Increment: The expression subsequent increment in the old scale in the proviso to FR-23 should be held to include grade promotion in cases in which a time-scale of pay has been substituted for a grade scale of pay.  

Government Of India’s Decision: 

The Government of India has decided that FR-23 equally applies in cases where a revision of pay is accompanied by change in status of a post. In such cases, the post virtually continues as before. Where, however, a revision of pay is concurrent with a specific change in the duties and responsibilities attached to the post, the old post will be deemed to have been substituted by a different post. In such cases the individual will be treated as having been appointed to a higher or lower post, as the case may be, and pay will be fixed under the relevant rules, and not under FR-23.

[Authority: Government Of India, Ministry Of Finance O.M.No.1(40)E/III(A)65, 06.11.1965]

Government Of India’s Orders: 

Option Available For Upward / Equivalent / Downward Revision: A question has been raised whether the option under FR-23 is available to the holder of a post, the time-scale of which is reduced or whether in such cases the Government servant should be brought on compulsorily to the reduced time-scale and his pay fixed thereon in accordance with FR-22(A) matter has been carefully considered in consultation with the Ministries of Home Affairs, Law and the Comptroller and Auditor General and the following clarification is issued;

(1)   Under FR-23 the holder of a post, the pay of which is changed, is entitled to the option to retain his old pay until the date on which he has earned his next or any subsequent increment on the old scale, or until he vacates his post or ceases to draw pay on that time-scale.

(2)    In view of these provisions, it is clarified that in the case of a Government servant holding a post at the time of revision of the time-scale of that post, the option under FR-23 as stated above shall be available to him irrespective of the fact whether the revision of the pay scale is in upward or equivalent or downward direction.

(3)   The question of fixation of pay in the revised scale under FR-22(A) in cases of reduction of time-scale of pay of a post will arise only when the government servant does not opt under FR-23 to retain the old scale.

(4)   In cases when a Government servant is not holding a post at the time of reduction of its time scale, but has held the same post prior to the reduction of the time-scale, the question of giving option under FR-23 to retain the old scale, on reappointment to the same post after the reduction of the scale of pay does not arise. In such cases on reappointment after the date of reduction of the scale, the pay shall be fixed in accordance with the provisions of FR-22(A).

[Authority: Government Of India, Ministry Of Finance O.M.No.2(62)-Estt.III/60, 29.08.1960]

       Date Of Next Increment In Case Of Fixation At The Minimum:

(1) When the scale of pay of a post is revised upwards without involving assumption of duties and responsibilities of greater importance, the fixation of pay of the incumbents is regulated under FR-23 and FR-22(a)(ii) read with Audit Instruction (I) below FR-22. In other words, the pay of the incumbent is fixed at the same stage, if any, in the new scale and if there is no such stage, at the stage next below in the new scale and the difference allowed as personal pay to be absorbed in future increases in pay. In both the cases, the next increment will be drawn on the date of increment in the old scale or in the new scale, whichever is earlier.

(2) In cases where the minimum pay of the revised scale is higher than the pay drawn by the Government servant in the old scale, his pay will be fixed at the minimum of the revised scale. A question has been raised as to when the Government servant will be eligible to draw the next increment after such initial pay fixation at the minimum of the scale.

(3) It is hereby clarified that the next increment in the cases of the kind mentioned in the preceding paragraph should be allowed in the revised scale, only after completion of full incremental period of 12 months / 24 months, as the case may be, at that stage, from the date of fixation of initial pay in the revised scale, subject to the provisions of FR-26.

[Authority: Government Of India, Ministry Of Home Affairs, Deptt.Of Personnel & A.R., O.M. No.F-13/14/83-Estt.P-I, 09.01.1984]