IREC Rule No.1329: (FR-35) Fixation Of Pay At An Amount Less Than That Admissible Under Rules
- (FR-35) Fixation Of Pay At An Amount Less Than That Admissible Under Rules:-
A Competent authority may fix the pay of an officiating railway servant at an amount less than that admissible under these rules.
Audit Instruction:
(1) Holding charge of current duties – One class of case falling under this rule is that in which a Government servant merely holds charge of the current duties and does not perform the full duties of the post.
(2) See entry (3) under Audit Instruction under FR-22 (1313).
Government of India’s Decision:
Special order necessary to exercise power under FR-35 (1329): In a case in which a local Government issued orders of a general nature under FR-35 (1329), restricting the officiating pay of government servants to an increase equal only to ascertain percentage of the minimum pay of the higher post, the government of India pointed out that reaching this rule with the rules substantively regulating the rate of officiating pay and in particular with FR-31 (1326), it is clear that the power conferred by FR-35 (1329) is not exercisable save by special order passed in an individual case and on a consideration of the facts of the case. A general order purporting to oust universally the operation of FR-31 (1326) would be ultra vires of FR-35 (1329), it would constitute the grossest possible fraud thereon.
[Authority: Government Of India, Finance Department No.F-9 (5)R-I/33, 28.03.1933]