IREC Rule No.1333: (FR-40) Fixation Of Pay On Temporary Post
- (FR-40) Fixation Of Pay On Temporary Post:-
When a temporary post is created which will probably be filled by a person who is already a government servant, its pay should be fixed by the competent authority with due regard to;
(a) The character and responsibility of the works to be performed; and
(b) The existing pay of railway servants of a status sufficient to warrant their selection for the post.
Government Of India’s Orders:
(1) Pay On Special Duty Or Deputation: Although it has been incorrect since the Fundamental rules superseded the Civil Service Regulations to refer to officials holding temporary posts created for special purposes outside the regular line of their service as being on deputation or on special duty, recommendations are still commonly made in the absolute terms of the Civil service Regulations; and these terms are accordingly used for convenience in this order. All such posts are now technically temporary posts added to the cadre of the holder’s services; and the rule governing the fixation of pay for the holders is FR-40 (1333).
The correct method is to fix a consolidated pay split up, if convenience so dictates, into rupee and sterling elements. Possibly through the influence of FR-22 (1313) and FR-30 (1325), before they were amended in March, 1930, to eliminate the unintentional extravagance of enhanced pay for a mere change in the character of duties performed, the tendency has gradually grown up of sanctioning enhanced pay for all posts temporarily created outside the ordinary with scant regard to the provisions of FR-40 (1333). It has accordingly been ordered that the following principles should strictly be observed in fixing pay of such posts;
(i) A Government servant placed on ‘Special Duty’ or ‘On Deputation’ should have the pay of his temporary post fixed at what his pay would have been from time to time in the regular line had he not been so deputed.
Note: If the sanctioning authority is satisfied that Government servant so deputed would otherwise have been advanced very shortly afterwards to a post carrying higher pay than that which he was drawing at the time his ‘Special Duty’ or ‘Deputation’ begins and would continue to hold such a post for approximately the same period as his temporary post is expected to last, it may take this fact into account and fix a uniform pay throughout the period.
(ii) The sole criterion for sanctioning enhanced pay in such cases is proof of a decided increase of work or responsibility in comparison with the duties of the post which the Government servant would otherwise occupy in the regular line. Where the test of comparative responsibility is not practicable, FR-40 (1333) may be followed.
(iii) Any extra remuneration sanctioned because of such increased work or responsibility should in no case exceed, without the special sanction of the Finance Department, one-fifth or substantive pay.
Government servants deputed to posts substantially parallel in work and responsibility to the posts which they would otherwise have occupied, should receive no increase in pay, though the peculiar circumstances in which their duty is to be performed may justify reasonable compensatory allowances. An excellent example of this type will be found in the personnel deputed to Committees and Commissions. Government servants deputed as members of Committees and Commissions will ordinarily be performing no more responsible duties than they would have performed had they remained in the ordinary line of their service; and it is only in exceptional cases that any extra remuneration can be justified. The foregoing principles may, however, have to be relaxed in exceptional cases, where having regard to the importance of the duties, it is necessary to secure officers with special qualification on special items.
[Authority: Government Of India, Finance Department Memo No.F-13-XIX-Ex 1/31, 07.01.1932]
(2) As the fixation of a consolidated rate of pay of temporary posts has on some occasions led not to economy but to extravagance, the orders contained in Item (1) above are amplified and restated as follows;
Temporary posts may be divided into two categories;
(i) Posts created to perform the ordinary work for which permanent posts already exist in a cadre, the only distinction being that the new posts are temporary and not permanent; and,
(ii) Isolated posts created for the performance of special tasks unconnected with the ordinary work which a Service is called upon to perform. An example of the latter type of post would be a post on a commission of enquiry. A distinction by strict verbal definition is difficult, but in practice there should be little difficulty in applying the distinction in individual cases. The former class of post should be considered to be a temporary addition to the cadre of a service who every may be the individual appointed to the post. The latter class of temporary post should be considered as unclassified and isolated ex-cadre posts.
(3) Temporary posts which by this criterion should be considered as the temporary additions to the cadre of a Service should be created in the time-scale of service ordinarily without extra remuneration. Incumbents of these posts will, therefore, draw their ordinary time-scale pay. If the posts involve decided increase in work and responsibility in comparison with the duties of the parent cadre generally, it may be necessary to sanction a special pay in addition.
(4) For isolated ex-cadre posts, it may occasionally be desirable to fix consolidated rates of pay. Where, however, the post is to be held by members of a service it will ordinarily be preferable also to create the post in the time-scale of the holder’s service.
[Authority: Government Of India, Finance Department No.F-27(34)-Ex 1/36, 15.12.1936 and, Railway Board’s Case No.F(E)52 CD-I/(1)]
Government Of India’s Decision:
The instructions laid down in Government of India’s order above should be generally followed when special temporary appointments are made; and departure there-from should be personally sanctioned by the General Manager.
[Authority: No.1111-EG, 14.09.1933 and No.1196-EG, 22.12.1933]