CHAPTER IV
PAY
GENERAL
4.1. (1) Subject to the rules contained in this Chapter, a competent authority may fix the pay of a Government employee, but his pay shall not be so increased as to exceed the pay sanctioned for his post without the sanction of the authority competent to create a post in the same cadre on a rate of pay equal to his pay when increased:
Provided that the Government employee except a member of service of the Punjab Civil Service (Judicial Branch), specialist doctors and the employees covered under clause (a) of rule 4.4, shall be entitled to receive the fixed monthly emoluments, during the period of his probation:
Provided further that when the services of a Government employee, who was receiving fixed monthly emoluments during the period of probation are confirmed, the period spent on probation by him, shall not be treated to be the time spent on the time scale applicable to his post.
Explanation.–The expression “fixed monthly emoluments” means the amount drawn monthly by a Government employee equal to the minimum of the pay band of the service or post to which he is appointed and shall not include grade pay, special pay, annual increment or any other allowance, except travelling allowance drawn with reference to the grade pay of the relevant service or post. It shall also not include any other emoluments which may be specifically classed as part of pay by the competent authority, as provided in rule 2.44(b).
(1A) The provisions of sub-rule (1), shall have effect notwithstanding anything inconsistent therewith contained in these rules or other rules for the time being in force.
(2) Notwithstanding the restriction referred to in or imposed by clause (1) above, a competent authority may grant to any Government employee:–
(i) personal pay as defined in clause (a) of rule 2.47, or
(ii) special pay as defined in rule 2.52 or
(iii) both personal pay and special pay.
Note 1. Omitted.
Note 2. Omitted.
Note 3.– (a) The following principles should be strictly observed for the grant of personal pay as defined in rule 2.47:–
No application for the grant of compensatory personal pay should be entertained unless–
(i) the Government employee’s service has consistently been of exceptional merit;
(ii) the Government employee is fit for promotion, but there is no normal avenue of promotion within his line, and
(iii) the Government employee has been at least 5 years on the same pay, or if his pay is progressive, on the maximum pay of his post and that he must have put in 20 years of continuous Government service.
(b) The mere fulfillment of the conditions mentioned above should not be regarded as securing a personal pay to a Government employee as a matter of course, the purpose of the conditions being to enable obviously weak claims to be summarily rejected.
(c) Individual cases of Government employees who hold isolated posts which form a cadre by themselves in a particular office, will not be covered normally under this rule.
4.2 Omitted.
4.3 In respect of any period treated as duty under rule 2.16 (b), a Government employee may be granted such pay as the competent authority may consider equitable but in no case exceeding the pay which the Government employee would have drawn had he been on duty other than duty under rule 2.16 (b).
Explanation 1. Omitted.
Explanation 2. Omitted.
Note. Omitted.
FIXATION OF INITIAL PAY
4.4 The initial substantive pay of a Government employee who is appointed substantively to a post on a time-scale of pay is regulated as follows:–
(a) If he holds a lien on a permanent post, other than a tenure post–
(i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of rule 4.13) than these attaching to such permanent post, he will draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post;
(ii) when appointment to the new post does not involve such assumption, he will draw as initial pay the stage of the time-scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage, the stage next below that pay plus personal pay equal to the difference; and in either case will continue to draw that pay until such time as he would have received an increment in the time-scale of the old post or for the period after which an increment is earned in the time-scale of the new post, whichever is less. But if the minimum of the time-scale of the new post is higher than his substantive pay in respect of the old post he will draw that minimum as initial pay;
(iii) when appointment to the new post is made on his own request under rule
3.17 (a) and maximum pay in the time-scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay.
Note. Omitted.
(b) If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial pay the minimum of the time-scale, on appointment in Government service in the case of member of Punjab Civil Service (Judicial Branch), specialist doctors and on completion of probation in other cases:
Provided both in cases covered by clause (a) and in cases, other than cases of re-employment after resignation or removal or dismissal from the public service, covered by clause (b), that if he either –
(1) has previously held substantively or officiated in –
(i) the same post, or
(ii) a permanent or temporary post on the same time-scale, or
(iii) a permanent post other than a tenure post or a temporary post (including a post in a body, incorporated or not, which is wholly or substantially owned or controlled by the Government) on an identical time-scale; or
(2) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated, then the initial pay shall not be less than the pay, other than special pay, personal pay or emoluments classed as pay by the competent authority under rule 2.44(b), which he drew on the last such occasion, and he shall count for increments the period during which he drew that pay on such last and any previous occasions for increment in the stage of the time-scale equivalent to that pay. If, however, the pay last drawn by the Government employee in a temporary post has been inflated by the grant of premature increments the pay which he would have drawn but for grant of these increments shall unless otherwise ordered by the authority competent to create the new post, be taken for the purposes of this proviso to be the pay which he last drew in the temporary post.
The service rendered in a post referred to in proviso (1) (iii) shall, on reversion to the parent cadre, count towards initial fixation of pay, to the extent and subject to the conditions indicated below:–
(i) The Government employee should have been approved for appointment to the particular grade/post in which the previous service is to be counted;
(ii) all his seniors, except those regarded as unfit for such appointment, were serving in posts carrying the scale of pay in which benefit is to be allowed or in higher posts, whether in the department itself or elsewhere, and at least one junior was holding a post in the Department carrying the scale of pay in which the benefit is to be allowed; and
(iii) the service will count from the date his junior is promoted and the benefit will be limited to the period the Government employee would have held the post in his parent cadre had he not been appointed to the ex-cadre post.
The previous service rendered in the same post on identical time scale or a post having identical two/three/four tier scales of pay or in which time bound placements or grant of higher pay scales are provided as in the new post in a Government Department shall, in addition to the protection of pay actually drawn in the corresponding scale under the rule, count his previous service in the cadre of transferee Department for the purpose of Assured Career Progression Scheme as per instructions issued by the Punjab Government from time to time. This benefit is allowed to the junior employee as a measure personal to him and without creating any right for the senior employee to claim equality in pay and pay scale with junior who receives higher pay/pay scale due to his previous service and such employee will not be entitled to take benefit of his previous service towards seniority.
(c) (i) Notwithstanding anything contained in these rules, where a Government employee holding a post in a temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time scale of the higher post shall be fixed at the stage next above his pay drawn by him in the lower post provided it is certified by the Head of the Department in which the Government employee was holding the lower post that he would have continued to officiate in the lower post but for his promotion/appointment to the higher post:
Provided that if a Government employee either –
(a) has previously held substantively or officiated in –
(i) the same post, or
(ii) a permanent or temporary post on the same time-scale, of
(iii) a permanent post other than a tenure post, or a temporary post (including a post in a body, incorporated or not, which is wholly or substantially owned or controlled by the Government) on an identical time-scale ; or
(b) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated ; then proviso to rule 4.4 (b) shall apply in the matter of the initial fixation of pay and counting of previous service for increment.
(ii) The provisions of sub-rule 2 of rule 4.14 shall also be applicable in any case where the initial pay is fixed under this clause. In cases, where a Government employee is, immediately before his promotion or appointment to a higher post, drawing pay at the maximum of the time scale of the lower post, his initial pay in the time scale of the higher post shall be fixed in the same manner as provided in sub-clause (1) above.
Explanation.–Reversion to the ordinary cadre of service from a tenure post included in that cadre or from a tenure or special post not included in it, does not constitute substantive appointment to a post for the purpose of this rule.
Note.–For the purposes of rule 4.1 and 4.4, a specialist doctor shall mean a M.B.B.S. doctor, who possesses a Post Graduate degree in any medical speciality, or a Post Graduate diploma in the specialities of Radiology, Anaesthesia, Paediatrics, Gynaecology and Psychology.
Note 1.–When a Government employee is appointed to a higher post on the date on which his increment in the lower substantive post falls due, his substantive pay for the purpose of fixing his initial pay in the higher post shall be inclusive of his increment accruing on that date.
Note 2. Omitted.
Note 3.–When the next increment in the time-scale of either the new or old post falls due, the Government employee should draw the next increment in the time-scale of the new post, and forthwith lose the personal pay allowed under clause (a) (ii) of this rule and all connections with the time-scale of his old post. The personal pay is given to a Government employee only for the purpose of initial pay and not any subsequent stage in the new time- scale in which the Government employee might draw less pay than he would have drawn had he remained in the old time-scale.
Note 4. Omitted.
Note 5.– See also notes 3 and 4 under rule 4.6.
Note 6.–Under rule 4.4 and 4.13, it is necessary for the purpose of fixing the initial pay of a Government employee transferred from one post to another on a different scale of pay in a substantive or officiating capacity, to determine the degree of responsibility attaching to the two posts. A declaration as to the relative degree of responsibility shall, therefore, be necessary and will be given by the competent authority. Such declarations will, however, be necessary only in cases where there is some doubt as to the relative degree of responsibilities attaching to the two posts.
Note 7.–The intention underlying the restrictive sub-clause of the proviso to clause (b) of this rule is to prevent men, who were given enhanced rates of pay when competition in the labour market was keen and qualified men scarce, from carrying the inflated pay with them after those conditions had abated to any other posts to which they might be appointed. Accordingly this sub-clause applies even in the case of a temporary Government employee who is appointed to another temporary post on the abolition of his previous temporary post or for other reasons. In the latter case, however, when the transfer has been made in the interest of public service, the restriction in question may be relaxed by the authority competent to create the post.
The word “minimum of the scale” appearing in the restrictive sub-clause of the proviso should be taken to mean the minimum of the previous post in which the advance increments were granted.
Note 8.–It is permissible to post-date the substantive promotion of a Government employee to a higher post up to a date when it will be to his benefit to be promoted under the operation of this rule. This date may be selected at the option of the Government employee concerned, which must be exercised within six months from the date of order making the promotion and when once exercised must be final. No compensation will be given for any consequences which may follow from the exercise of this option. When the option has been exercised, an entry should be made to this effect in the service book of the Government employee concerned and attested by the Head of the Office.
These orders will apply to promotions in the same class of appointments and not to cases where there is complete change in the nature of the appointment and they should be confined to departments or establishments divided into grades.
For so long as the promotion is deferred under the orders in paragraph 1 above, the place in the employee grade will remain vacant, but promotions can be made in the place of the Government employee who would have been promoted from the date, the vacancy originally occurred as if the promotion had actually taken place on that date. All that would happen is an excess appointment in the lower grade against a vacancy left unfilled in the higher grade and this is permissible under rule 7.15 of the Punjab Financial Rules, Volume I.
Note 9. Omitted.
Note 10.–In those cases, where there is some doubt as to the relative degree of duties and responsibilities attaching to the two posts, the same shall be determined by keeping in view the following factors:–
(i) the relative degree of duties and responsibilities of two posts shall be determined with reference to the entry scale of the post held by an employee. The higher scale or higher grade pay granted to an employee on such post under an Assured Career Progression Scheme or otherwise, shall not be taken into account;
(ii) a post having the lower minimum of the entry scale of pay or lower grade pay, shall generally be considered the lower post as compared to a post carrying higher minimum of time scale or higher grade pay; and
(iii) where the entry pay scales of both the higher and lower posts are identical, the higher and lower posts shall be determined by the Administrative Department in consultation with the Department of Finance.
FIXATION OF INITIAL PAY UNDER THE REVISED PAY STRUCTURE
4.4-A. Subject to the provisions of rule 4.4, the initial pay of a Government employee, who is governed by the revised pay structure, is regulated as follows:–
(i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance than those attaching to the old post on which he holds a lien, his initial pay shall be fixed by granting him the benefit of one increment and the grade pay of the new post;
(ii) when appointment to the new post does not involve duties and responsibilities of greater importance he shall draw as initial pay, which is equal to the substantive pay in respect of the old post. However, the higher grade pay, if any admissible under this clause shall be absorbed at the time of grant of benefit of fixation of pay under an Assured Career Progression Scheme; and
(iii) when a Government employee is appointed to a post carrying lower grade pay on his own request under rule 3.17(a), his initial pay shall be fixed equal to the pay-in-pay band drawn by him in the old post plus the grade pay of the new post. However, if the maximum of the pay band in the time scale of lower post is less than his substantive pay in respect of the old post, his initial pay shall be fixed equal to the maximum of the pay band plus the grade pay of the new post.
Explanation.–The expression “revised pay structure” means the pay structure consisting of running pay bands and grade pay which came into force with effect from the 1st day of January, 2006 under the provisions of the Punjab Civil Services (Revised Pay) Rules, 2009.
Note.–The pay of the Government employees, who are promoted in the higher grade, shall continue to be regulated in accordance with the provisions of rule 11 of the Punjab Civil Services (Revised Pay) Rules, 2009.
4.5 The initial substantive pay of a Government employee who is appointed substantively to a post on a time-scale of pay which has been reduced for reason other than a diminution in the duties or responsibilities attached to posts thereon and who is not entitled to draw pay on the time-scale as it stood prior to reduction, is regulated by rule 4.4: Provided, in cases, other than cases of re-employment after resignation or removal or dismissal from the public service, covered by clause (a) or clause (b) of that rule if he either –
(1) has previously held substantively or officiated in –
(i) the same post prior to reduction of its time-scale, or
(ii) a permanent or temporary post on the same time-scale as the unreduced time scale of the post, or
(iii) a permanent post other than a tenure post, or a temporary post, on a time-scale of pay identical with the unreduced time scale of the post, such temporary post being on the time-scale as a permanent post, or
(2) is appointed substantively to a tenure post, the time-scale of which has been reduced without a diminution in the duties or responsibilities attached to it, and has previously held substantively or officiated in another tenure post on a time-scale identical with the unreduced time-scale of the tenure post, then the initial pay shall not be less than the pay, other than special pay, personal pay or emoluments classed as pay by the competent authority under rule 2.44(b), which he would have drawn under rule 4.4 on the last such occasion, if the reduced time-scale of pay had been in force from the beginning and he shall count for increments the period during which he would have drawn that pay on such last and any previous occasion: Provided that service rendered on pay at a stage in a time-scale which is less than the minimum of the revised scale shall not count for increment in that scale.
Note 1. Omitted.
4.5-A. (1) Notwithstanding anything contained in these rules, the following provisions shall govern the pay of a Government employee who is appointed as a probationer in another Service or cadre, and subsequently confirmed in that Service or cadre –
(a) during the period of probation he shall draw pay at the minimum of the time-scale or at the probationary stages of the time-scale of the service or post, as the case may be:
Provided that if the presumptive pay of the permanent post, other than a tenure post, on which he holds a lien, should at any time be greater than the pay fixed under this clause, he shall draw the presumptive pay of the permanent post;
(b) on confirmation in the service or post after the expiry of the period of probation, the pay of the Government employee shall be fixed in the time-scale of the Service or post in accordance with the provisions of Rule 4.4.
(2) The provisions contained in sub-rule (1) shall apply mutatis mutandis to cases of Government employees appointed on probation with definite conditions against temporary posts in another Service or cadre where recruitment to permanent posts of such Service or cadre is made as probationers, except that in such cases the fixation of pay in the manner indicated in clause (b) of sub-rule (1) shall be done under Rule 4.14 of these Rules immediately on the expiry of the period of probation and on regular officiating appointment to a post, either permanent or temporary in the Service or cadre.
(3) Notwithstanding anything contained in these rules, a Government employee appointed as an apprentice in another Service or cadre shall draw –
(a) during the period of apprenticeship, the stipend or pay prescribed for such period provided that if the presumptive pay of the permanent post, other than a tenure post, on which he holds a lien, should at any time be greater than the stipend or pay fixed under this clause he shall draw the presumptive pay of the permanent post;
(b) on satisfactory completion of the apprenticeship and regular appointment to a post in the Service or cadre, the pay as fixed in the time-scale of the Service or post under Rule 4.4 or 4.4 (c) or 4.14 of these Rules.
4.6 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; subject to such restrictions as the competent authority may in each case lay down.
Note 1.–This rule applies to an officiating as well as to a substantive holder of a post.
Note 2.–If the maximum pay of a post is altered with no change in the rate of increment and the minimum, the initial pay of the holder of that post should be fixed under rule
4.4 (a) (ii) and not under rule 4.4 (a) (i) even though he may be holding the post substantively. See also note 4 below.
Note 3.–For the purpose of rules 4.4 and 4.6 a temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on the same or a different rate of pay is not the “same post” as the permanent post even though the duties remain the same. In other words in view of rule 2.58, the temporary post is to be regarded as having ceased to exist and to have been replaced by the permanent post. The incumbent of the temporary post, is thus entitled only to the pay of permanent post if it is on a fixed rate of pay or to the minimum pay of the time scale of the permanent post if it is on a time-scale unless his case is covered by the concession admissible under proviso (i), (ii) and (i), (iii) to rule 4.4. Consequently, service in a temporary post, created on a certain scale of pay when converted into a permanent post on a different scale or pay, will not count for increments in the latter scale.
Note 4.–The orders in note 3 above do not refer to cases of transfer from one temporary post to another such post or from a temporary post to a permanent post. Nor do they debar service in a temporary post, created as an addition to a cadre, and on the same time-scale, from counting towards increments in a permanent post in that cadre even after such a temporary post has been abolished.
INCREMENTS
4.7 An increment shall ordinarily be drawn as a matter of course, unless it is withheld. An increment may be withheld from a Government employee by a competent authority if his conduct has not been good or his work has not been satisfactory. In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments.
Note.–In the case of an officer/official who does not fulfil the basic condition laid down in the respective Service Rules regarding the minimum number of years of service, in the lower rank and who is promoted to a higher post by invoking an alternative provision in the relevant rules specifying the extent of relaxation of the basic condition, referred to above, the initial pay in his case would be the minimum of the post to which he is promoted/appointed till he fulfils the condition of completing the basic minimum period of service prescribed and the first annual increment will be granted after one year of the date of completion of the minimum length of qualifying service/experience, necessary for appointment to the service, cadre or the post. In other words for the purpose of 1st increment his appointment shall be deemed to have started on the date on which he completes the minimum qualifying service/experience, as is necessary for appointment to the service, cadre or the post concerned. This restriction will however not apply in cases where the officer/official was drawing pay more than the minimum of the higher post. In such cases pay shall be fixed in accordance with the provisions of rule
4.4 of these rules. The first annual increment in such a case also will, however, be granted after one year of the date of completion of the minimum length of qualifying service/experience.
ASSURED CAREER PROGRESSION SCHEME
4.8 A Government employee is entitled to the benefit of fixation of pay under the Assured Career Progression Scheme notified by the Government from time to time subject to such terms and conditions, as may be specified:
Provided that grant of benefit of such Scheme, shall also be subject to the following general terms and conditions:–
(a) a Government employee, who forgoes promotion offered to him, shall not be eligible for benefits under the Assured Career Progression Scheme; and
(b) only the Service which counts for seniority and increments in a cadre against a post, shall be reckoned for the grant of benefit under the Assured Career Progression Scheme.
4.9 The following provisions prescribe the conditions on which service counts for increments in a time-scale:–
(a) All duty in a post on a time-scale counts for increments in that time-scale: provided that, for the purpose of arriving at the date of the next increment in that time- scale the total of all such periods as do not count for increment in that time-scale shall be added to the normal date of increment.
Note 1.– See also clause (e) of this rule.
Note 2.–In the case of a Government employee who, while officiating in a post, proceeds on training or to attend a course of instruction and who is treated as on duty while under training, these periods of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction for which he is allowed the pay of the officiating post during such period.
Exception 1.–The period of training at Phillaur of probationary Inspectors and Sub-Inspectors of Police during which time they draw pay below the minimum rates in the time-scale of pay counts towards increments in the time-scales applicable to them.
Exception 2.–The period of training spent by Probationary Inspectors of Police in districts, during which time they draw pay below the minimum rates of the time- scales applicable to them, counts towards increments in such time-scales.
Note 3.–A period of overstayal of leave does not count towards increments in a time- scale unless under rule 8.121 (b) it is converted into extraordinary leave and under the proviso to clause (b) below, the extraordinary leave is specially allowed to count for increments.
Note 4.–If a probationer, other than a probationer receiving fixed monthly emoluments, is confirmed at the end of a period of probation exceeding twelve months, he is entitled to claim retrospectively the increments, which but for his probation he would have received in the ordinary course. This provision is applicable only to cases where the normal probationary period itself is more than twelve months and not to the type of cases where the normal probationary period of a probationer is extended on account of his failure to pass the departmental examination within the time limit prescribed for the purpose. In other words, in cases where the normal probationary period is itself more than twelve months, on confirmation the officer may be given the increments which he would have drawn but for his probation, and arrears in this regard may also be allowed to the officer. On the other hand, in cases where the period of probation is extended on account of failure to pass the departmental examination while there is no objection to the pay and increments being regulated on confirmation at the end of the extended probationary period on the basis of what the officer would have drawn but for his probation no arrears on this account should be allowed to him for the period prior to the date of confirmation. This would mean that the increment of the officer is withheld without cumulative effect for failure to pass the departmental examination and cannot be considered as a penalty within the meaning of Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.
(b) (i) Service in another post other than a post carrying less pay referred to in clause (a) of rule 3.17, whether in a substantive, or officiating capacity, service on deputation out of India and leave except extraordinary leave taken otherwise than on medical certificate count for increments in the time-scale applicable to the post on which the Government employee holds a lien.
(ii) All leave except extraordinary leave taken otherwise than on medical certificate and the period of deputation out of India shall count for increment in the time-scale applicable to a post in which a Government employee was officiating at the time he proceeded on leave or deputation out of India and would have continued to officiate but for his proceeding on leave or deputation out of India:
Provided that the competent authority may in any case in which it is satisfied that the extraordinary leave was taken for any cause beyond the Government employee’s control or for prosecuting higher scientific and technical studies, direct that extraordinary leave shall be counted for increments under clause (i) or (ii).
Note 1.–The period of annual holidays with wages corresponding to earned leave will count towards increments in the case of temporary workmen governed by the Factories Act in grades in which the appointing authority will in each case certify that the workman concerned would have actually continued to work in that grade, but for his proceeding on leave and the period of leave will count for increments only to the extent it is covered by the certificate. A permanent workman working in a higher grade in an officiating capacity may also count such leave towards increments in that higher post subject to the certificate in the case of temporary workmen.
Note 2.–In the case of Group „C‟ and Group „D‟ Government employees, whenever the requisite certificate under this rule is issued by the Administrative Authority, a very concise entry such as “Certificate under rule 4.9 (b) (ii) of the Punjab Civil Services Rules, Volume I, Part I issued for the period from to should be recorded after the entry regarding leave in the service book.
Note 3.–In the case of Government employees engaged on contract who are governed by the leave terms mentioned in appendix 16 in Part II of this Volume, certificate under rule 4.9(b)(ii) may be dispensed with where such officers are appointed on contract to specific posts and proceed on leave from these posts.
Note 4.–In the case of officers who are given contracts without specifying any particular posts and other contract officers, who, though appointed initially in specific posts, are transferred in an officiating capacity to other posts, and who proceed on leave thereafter, the certificate under rule 4.9 (b) (ii) will be necessary to count the period of such leave for increments in the posts which they hold in an officiating capacity immediately prior to proceeding on leave.
Note 5.–In the case of a Government employee proceeding on leave, where no officiating arrangement is made in the leave vacancy and the Government employee is likely to return to the same post after leave, the certificate that he would have actually continued to officiate in the post but for his proceeding on leave shall be issued by the leave sanctioning authority at the time of grant of leave.
In all other cases, the certificate shall be issued by the appointing authority.
Exception.–The above certificate in respect of all the employees of the Punjab Vidhan Sabha should be issued by the Secretary and in respect of the Secretary Punjab Vidhan Sabha by the Speaker, Punjab Vidhan Sabha.
Note 6.–In the case of temporary/officiating Government employees, a certificate that Government employee concerned would have continued to officiate in that post but for his proceeding on extraordinary leave is necessary and the period of extraordinary leave would count for increment only to the extent covered by the certificate.
Note 7.–Quasi permanent Government employees will be treated in the same way as permanent Government employee in respect of the specified post in which they have been declared quasi-permanent, but in respect of other posts in which they may be officiating the certificate of continued officiation as envisaged in clause (b) (ii) would be necessary as in the case of temporary Government employees.
(c) (i) If a Government employee, while officiating in a post or holding a temporary post on a time-scale pay, is appointed to officiate in a higher post or to hold a higher temporary post, his officiating or temporary service in the higher post, shall, if he is re-appointed to the lower post or is appointed or reappointed to a post on the same time scale of pay count for increments in the time-scale applicable to such lower post. The period of officiating service in the higher post which counts for increment in the lower is, however, restricted to the period during which the Government employee would have officiated in the lower post but for his appointment to the higher.
This clause applies also to a Government employee who is not actually officiating in the lower post, at the time of his appointment to the higher post, but who would have so officiated in such lower post or in a post on the same scale of pay had he not been appointed to the higher post.
(ii) If a Government employee on reversion from an ex-cadre post to the parent cadre is appointed to a post on a scale lower than that of the ex-cadre post but not on the same time-scale as the post held at the time of his transfer to the ex-cadre post, the service rendered on the higher scale in the ex-cadre post shall count for increments in the time-scale applicable to the cadre post subject to the conditions as are laid down for cases falling under proviso (i) (iii) to Rule 4.4 (b).
Note 1.–For the purpose of clause (c) of this rule, the officiating and temporary service in higher post will also include the periods or all leave, except extraordinary leave taken otherwise than on medical certificate, provided it is certified by the appointing authority that the Government employee would have actually officiated in the lower post but for proceeding on leave while officiating in the higher post.
Note 2.–These benefits shall also be extended to State Government employees officiating in higher posts or holding higher temporary posts under the Central Government.
(d) Foreign service counts for increments in the time-scale applicable to,–
(i) the post in Government service on which the Government employee concerned holds a lien, and
(ii) any post in the parent cadre on a lower scale of pay to which the Government employee is appointed on reversion from the ex-cadre post subject to the fulfilment of the conditions mentioned in proviso (1) (ii) to Rule 4.4 (b).
(iii) the post in Government service in which the Government employee was officiating immediately before his transfer to foreign service, for so long as he would have continued to officiate in that post or a post on the same time-scale but for his going on foreign service.
(e) Joining time counts for increment,–
(i) If it is under clause (a) or clause (c) of Rule 9.1, in the time-scale applicable to the post on which a Government employee holds a lien as well as in the time-scale applicable to the post, the pay of which is received by a Government employee during the period; and
(ii) If it is under clause (b) of rule 9.1 in the time-scale applicable to the post/posts in which the last day of leave before the commencement of the joining time counts for increment.
4.9-A. Notwithstanding anything contained in the foregoing rule, the annual increments shall be allowed with effect from the first day of the month in which they fall due under the normal rules regulating increments.
Note 1.–The increment of an employee on leave due on the first day of the month will be drawn from the date of resuming his duty on return from leave, because during leave the employee gets leave salary only.
Note 2.–In cases in which there is postponement due to employees proceeding on leave without pay which is not counted for increment, normal increment will be granted from the first day of the month in which the postponed increment, as worked-out under the existing rules and orders, falls.
Note 3.–In a case where the date of appointment of an employee is 19th December, 1975, he will be given increment on 1st December, 1976 before completing 12 months service. Similarly, when he is promoted to a higher grade on 19th December, 1976 he will get increment on 1st December, 1977 before completing 12 months service in officiating grade.
Note 4.–The periods of service at the same stage count for increment. In regard to the point whether increment is to be allowed on the specific date when the employee completes one year‟s service at the same stage or on the first day of the month, when by counting those broken periods the date of next increment falls on a date later than the first day of the month the increment will be payable from the first day of the month in which the next increment falls due, after counting the broken periods equal to one year, provided the Government employee has also been holding the post from the first day of that month to the date it falls due. In case he is not holding the post on the first day of the month, the increment will be granted from the date it falls due.
Note 5.–Where the normal increment is withheld for specific period and the period of such penalty expires after first day of the month, increment will be granted or restored from the date of the penalty ceases.
Note 6.–This rule is not applicable to advance or enhanced increments which are allowed as a result of passing of certain examinations. Such increments, if possible, will be governed by separate rules and orders.
4.10 Subject to any general or special orders that may be made by the competent authority in this behalf, an authority may grant a premature increment.
Note 1.–A proposal to grant an increment in advance of the due date should always be scrutinized with special jealousy as it is contrary to the principle of a time-scale of pay to grant an increment before it is due. Such a grant should not be made or advised except in very rare circumstances which would justify a personal pay to a Government employee whose pay is fixed.
Note 2.–The expression “scale of pay” represents the maximum of the scale which is to be taken into account for determining the authority competent to sanction increments rather than the stage of it.
Note 3.–The grant of premature increments to members of the Provincial Civil Medical Service is governed by the rules in Appendix XI to the Punjab Medical Manual.
Note 4.–In the case of increments granted in advance, it is usually the intention that the Government employee should be entitled to increments in the same manner, as if he had reached his position in the scale in the ordinary course and in the absence of special orders to the contrary he should be placed on exactly the same footing, as regards future increments, as a Government employee, who has so risen.
TRANSFER FROM A HIGHER TO A LOWER GRADE OR FROM A HIGHER STAGE TO A LOWER STAGE
4.11 The authority which orders the transfer of a Government employee as a penalty from a higher to a lower grade or post may allow him to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper:
Provided that the pay allowed to be drawn by a Government employee under this rule shall not exceed the pay which he would have drawn by the operation of rule
4.5 read with clause (b) or clause (c), as the case may be, of rule 4.9.
4.12 (1) If a Government employee is reduced as a measure of penalty to a lower stage in his time-scale, the authority, ordering such reduction shall state the period for which it shall be effective and whether, on restoration the period of reduction shall operate to postpone future increments and, if so, to what extent.
(2) If a Government employee is reduced as a measure of penalty to a lower service, grade or post, or to a lower time-scale, the authority ordering the reduction may or may not specify the period for which the reduction shall be effective; but where the period is specified, that authority shall also state whether, on restoration, the period of reduction shall operate to postpone future increments, and if so, to what extent.
Note 1.–Having regard to the principle underlying rule 4.12, the question as to whether an increment falling due during the period of reduction should or should not be allowed is one necessarily to be decided with reference to the exact terms of the order of the punishing authority. If the Audit Officer feels any doubt about the intention underlying the orders of the punishing authority, he has simply to ascertain it and act accordingly.
Note 2.–If the reduction to a lower post or grade is for an unspecified or indefinite period, the pay of the Government employee, on re-appointment to the higher post or grade shall be regulated under the normal rules and not under rule 4.12.
Note 3.–(a) Every order passed by the authority imposing on a Government employee the penalty of reduction to a lower stage in a time-scale should indicate –
(i) the date from which it will take effect and the period (in term of years and months) for which the penalty shall be operative;
(ii) the stage in the time-scale (in terms of rupees) to which the Government employee is reduced; and
(iii) the extent (in terms of years and months), if any, to which the period referred to at
- above should operate to postpone future increments.
It should be noted that reduction to a lower stage in a time-scale is not permissible under the rules either for an unspecified period or as a permanent measure. Also when a Government employee is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction. The period to be specified under (iii) should in no case exceed the period specified under (i).
(b) The question as to what should be the pay of a Government employee on the expiry of the period of reduction should be decided as follows:–
(i) If, the order of reduction lays down that the period of reduction shall not operate to postpone future increments, the Government employee should be allowed the pay which he would have drawn in the normal course but for the reduction.
(ii) If the order specifies that the period of reduction was to operate to postpone future increments for any specified period the pay of the Government employee shall be fixed in accordance with (i) above but after treating the period for which the increments were to be postponed as not counting for increments.
(iii) In order to ensure, that the object underlying Rule 4.12(1) of not allowing increments during the period of reduction is achieved, every order passed by a competent authority imposing on a Government employee the penalty of reduction to a lower stage in a time scale should invariably specify that stage in terms of rupees to which the Government employee is reduced as in the following form :–
The has directed that Shri should be reduced to a pay of Rs. for a period of with effect from .
4.12-A. Where an order of penalty of withholding of increment of a Government employee or his reduction to a lower service, grade or post, or to a lower time-scale, or to a lower stage in a time-scale, is set aside or modified by a competent authority on appeal or review, the pay of the Government employee shall, notwithstanding anything contained in these Rules, be regulated in the following manner:–
(a) if the said order is set aside, he shall be given, for the period such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn;
(b) if the said order is modified, the pay shall be regulated as if the order as so modified had been made in the first instance.
Explanation:–If the pay drawn by a Government employee in respect of any period prior to the issue of the orders of the competent authority under this rule is revised, the leave salary and allowances (other than travelling allowance), if any, admissible to him during that period shall be revised on the basis of the revised pay.
Note.–In respect of cases falling under clause (a) of this rule, service rendered by the Government employee in the lower service, grade or post or lower time-scale or lower stage in the time-scale or at the stage the increment was withheld, from the date of imposition of such penalty by the disciplinary authority to the date on which the order of penalty is set aside by the competent appellate or reviewing authority shall count for increment or for other purposes in the post which he was holding immediately before the imposition of the penalty provided that he would have continued to hold that post but for the order of penalty. In respect of cases falling under clause (b) of this rule, such service from the date of imposition of the penalty by the disciplinary authority to the date on which the order is modified by the appellate or reviewing authority, shall be counted for the purpose of increment or for other purposes in the post which he was holding immediately before the imposition of the penalty or any other post which he would have held but for the order of penalty, to the extent, the modified order permits of such counting. For example, if an officer of a Group „A‟ Service in the higher scale of pay of Rs. 15600-39100+5400 Grade Pay is reduced to a Group „B‟ Service in the pay scale of Rs. 10300-34800+4400 Grade Pay, for a period of, say, two years, and if after six months, the order is modified by the appellate authority as reduction to the Group „A‟ Service in the lower scale of Rs. 10300-34800+5000 Grade Pay, the period of six months shall count for increment in the lower scale. If, on the other hand, the order of penalty is modified as reduction to a lower stage in the time-scale of Rs. 15600-39100+5400 Grade Pay, for a specified period or withholding of increment in that time-scale for a specified period, the period that has already elapsed since the date of imposition of the original penalty shall be taken into account only for the purpose of computing the specified period of penalty under the modified order.
Administrative Instruction.–A permanent post vacated by reduction of a Government employee to a lower service, grade or post or to a lower time scale, should not be filled substantively until the expiry of a period of one year from the date of such reduction.
Where on the expiry of the period of one year, the permanent post is filled and the original incumbent of the post is reinstated thereafter, he should be accommodated against any post which may be substantively vacant in the grade to which his previous substantive post belonged.
If there is no such vacant post, he should be accommodated against a supernumerary post which should be created in this grade with proper sanction and with the stipulation that it would be terminated on the occurrence of the first substantive vacancy in that grade.
PAY OF OFFICIATING GOVERNMENT EMPLOYEES
4.13 (1) Subject to the provisions of rules 4.22 to 4.24, a Government employee who is appointed to officiate in a post shall not draw pay higher than his substantive pay in respect of a permanent post, other than a tenure post, unless the post in which he is appointed to officiate is one enumerated in the schedule to this rule or unless the officiating appointment involves the assumption of duties and responsibilities of greater importance than those attaching to the post, other than a tenure post on which he holds a lien:
Provided that the competent authority may exempt from the operation of this rule, any service which is not organised on a time-scale basis and in which a system of acting promotions from grade to grade is in force at the time of the coming into force of these rules:
Provided further that the competent authority may specify posts outside the ordinary line of a service the holders of which may, notwithstanding the provisions of this rule and subject to such conditions as the competent authority may prescribe, be given any officiating promotion in the cadre of the service which the authority competent to order promotion may decide and may thereupon be granted the same pay (whether with or without any special pay, if any, attached to such posts) as they would have received if still in the ordinary line.
(2) For the purpose of this rule, the officiating appointment shall not be deemed to involve the assumption of duties or responsibilities of greater importance if the post to which it is made is on the same scale of pay as the permanent post, other than a tenure post, on which he holds a lien, or on a scale of pay identical therewith.
Note 1.–The words „duties‟ and „responsibilities‟ used in this rule are to be interpreted in a wide sense as including besides the works to be performed the general responsibilities and liabilities incidental to being member of a particular service. See also note 7 below rule 4.4.
Note 2.–Omitted.
Note 3.–With reference to the 2nd proviso in clause (1) of this rule it has been decided not to issue a list of the posts of the kind referred to therein, but to deal, on its merits, with each case as it arises. In each case so dealt with, adequate safeguards should be laid down so as to prevent the tenure of posts outside the ordinary line of a service by unduly senior Government employees which might cause undue expense and be in other ways contrary to public interest and also to prevent Government employee from receiving the rate of pay attached to selection posts which they would have been regarded as unfit to hold if present in the ordinary line. This point should be carefully kept in view by the authority recommending a case for the declaration by the competent authority.
Note 4.– (i) Punjab Government have sanctioned the adoption of the following guiding principles for purpose of clarifying the position and for the working of the convention usually known as the “next below rule”:–
(1) A Government employee out of his regular line should not suffer by forfeiting officiating promotion which he would otherwise have received, had he remained in his regular line.
(2) The fortuitous officiating promotion of some one junior to a Government employee who is out of the regular line does not in itself give rise to a claim under the next below rule.
(3) Before such a claim is established, it should be necessary that all the Government employees senior to the Government employee who is out of the regular line have been given officiating promotion.
(4) It is also necessary that the Government employee next below him should have been given promotion, unless in any case the officiating promotion is not given because of inefficiency unsuitability or leave.
(5) In the event of one or more of the three bars mentioned above, of being applicable to the Government employee immediately below the Government employee outside his regular line, the same Government employee even more junior should have received officiating promotion and the Government employees, if any, in between that should have been passed over for one of these reasons.
(ii) The holders of special (interim) posts such as Secretaryship to a Governor or a State Government should be ready to accept loss of officiating promotion in a higher scale or grade to higher posts in the ordinary line for short periods, not exceeding three months, in consequence of their incumbency of special posts, and that when the stage is reached at which their retention involves loss of substantive or lengthy officiating promotions the proper course would be to make arrangements to enable them to be released from the special post rather than to compensate them for the loss of officiating promotion under the next below rule.
(iii) In cases where an officer is deprived of officiating promotion to a higher paid post owing to it being impracticable for the time being to release him from the special post outside the ordinary line no compensation shall be granted in respect of the first three months of his retention in the lower paid post unless the conditions of the next below rule as satisfied.
(iv) In cases where the period for which officiating promotion is lost exceeds three months the officer concerned may be granted the pay of the higher paid post for the excess period but arrangements should be made wherever possible to avoid depriving officers of lengthy period of officiating promotions.
(v) Save in exceptional circumstances, no officer to whom the next below rule would apply should be retained in a lower paid post for more than six months beyond the date on which he becomes entitled to officiate continuously in a higher post.
(vi) The expression “posts outside the ordinary line of a service” in the second proviso to rule also includes, besides ex-cadre posts, special posts outside the ordinary line, which are borne on the cadre of a service. Holders of such posts can be given the benefit of a declaration under that rule provided that the conditions precedent to the applicant of the next below rule are fulfilled in their case.
(vii) Cases of those holders of posts in the ordinary line, who may suffer loss of officiating promotion owing to it being impracticable to release them from their posts, can also be dealt with under the second proviso to rule 4.13 if the conditions precedent to the application of the next below rule are satisfied in any case.
(viii) In the case of officers, who in the public interest have to be deprived of officiating promotions whether they are serving outside the ordinary line or in the ordinary line and in which case the conditions laid down in the next below rule are not satisfied, the instructions contained in clauses (iii) and (iv) above will apply.
(ix) The benefit of officiating promotion under the next below rule should be allowed subject to the fulfilment of the conditions only against promotions in a cadre in vacancies of more than 90 days duration. In other words, the initial vacancy as well as subsequent vacancies on the basis of which the benefit is to be continued should each be of more than 90 days duration. The benefit should not be allowed in respect of promotions against a chain of vacancies which taken together extend beyond 90 days.
ORDERS OF THE PUNJAB GOVERNMENT
In some instances claims have been supported for the protection of more than one officer in respect of a single officiating appointment in cases where a consecutive series of two or more officers in a cadre are on deputation to posts outside the regular line, and the officer next below them is promoted to officiate in a higher post in the cadre. In order to eliminate any doubt in the matter, it has been decided by Government that one officer and one officer only, namely, the most senior fit officer who is not debarred by the conditions prescribed for the application of the rule should be allowed the benefit under the “next below” rule.
In may happen that the senior most officer serving outside the regular line does not require to be protected under the „next below‟ rule by his belonging to one or other of the types indicated below:–
(i) An officer serving outside the ordinary line holds a post carrying a scale of pay identical with that of an administrative post in the ordinary line, and is, by virtue of a declaration in terms of the exception below rule 4.13; eligible for the pay and incremental benefits of the higher post in the ordinary line.
(ii) An officer outside the regular line holds a post (generally temporary) carrying better pay than the “identical” scale.
In such cases, the protection under the “next below” rule in respect of any one vacancy occurring in the regular line may go to the next senior most fit officer of the series serving outside the cadre who is not independently protected in respect of pay increment or pension by belonging to one or other of these types.
Note 5.–In the case of ministerial and other establishment in which there are no grades the proviso in clause (1) of this rule is intended to cover, where necessary, all cases of the grant of officiating allowances from one fixed rate of pay to another without change of duty.
Note 6.– (i) It is not intended that the phrase “outside the ordinary line of service” in the second proviso to clause (1) of this rule should be rigidly interpreted either as “outside the cadre of a service” or as “outside the ordinary time-scale.” The form of words adopted in this rule gives discretion to the competent authority in regard to a case where exceptional circumstances which could not be foreseen and provided for by rule, might arise.
(ii) The specification of a post under this proviso will enable a Government employee to count service in that post for increment in the grade in which he would have officiated, had he not been holding the specified post.
Note 7.–The pay of a Government employee officiating in a post the pay of which is subject to increase upon the passing of an examination or on the completion of a service is the pay which he would, from time to time, receive if he held the post substantively.
Note 8.–The pay of a Government employee officiating in a post the pay of which has been reduced from the next succession thereto is the reduced pay.
Note 9.–It is not the intention behind rule 4.14 under which the title to presumptive pay is always subject to the provisions of this rule that the presumptive pay of the post as determined by rule 4.4(a) (ii) be allowed as a matter of course. According to rule 4.13, where the officiating appointment does not involve the assumption of duties and responsibilities of greater importance it is not permissible for the Government employee to draw pay higher than his substantive pay (if any) in respect of a permanent post. In other words, while the Punjab Civil Services Rules are not prohibitive in respect of officiating promotions in such circumstances they, undoubtedly restrict the officiating pay to the substantive pay from time to time of the Government employee concerned.
The case of a Government employee without a permanent post and, therefore, having no substantive pay in respect of such a post, is however, different. Rule 4.13 being inapplicable in such cases, he is entitled to have his pay regulated exclusively under rule 4.14 read with rule
4.4 (b) but to check any extravagance in officiating pay in such cases, it is always open to the competent authority to take resort to the provisions of rule 4.16.
Note 10. Omitted.
Note 11.–A declaration by Government that a particular post involves more important duties or duties of a different character justifies the grant of officiating pay to a Government employee appointed to the post from another post in the same cadre.
Note 12.–Normally no pay higher than the substantive pay is admissible on an officiating appointment to a selection grade post which does not involve assumption of duties or responsibilities of greater importance except where such a post has been included in the Schedule to rule 4.13 of Punjab Civil Services Rules, Volume I, Part I. It has now been decided in relaxation of the provisions of rule 4.13 ibid that –
(i) officiating appointments to the Selection Grade may be permitted in such cases;
(ii) the pay in such cases may be fixed in the Selection Grade under the provisions of rule 4.4 (a) (ii) of the Punjab Civil Services Rules, Volume I, Part I, and that
(iii) the benefit of the “Next Below Rule” may be extended in such cases, subject to all the conditions of that rule being satisfied.
(iv) Pay of a Government employee, who on the date of his placement in the selection grade, was drawing pay, –
(i) at the maximum of the ordinary scale; or
(ii) at the maximum of the ordinary scale plus ex-gratia biennial increment, shall be
regulated as follows, namely:–
(a) pay shall be fixed at the next stage in the selection grade where pay at the maximum of the ordinary scale plus ex-gratia biennial increment, as the case may be, has been drawn for one year or more than one year;
(b) period of service amounting to less than one year rendered at the maximum of the ordinary scale or at the maximum of the ordinary scale plus ex-gratia biennial increment, as the case may be, shall be counted for the purposes of increment in the selection grade; and
(c) the next increment in the selection grade shall accrue after rendering the requisite qualifying service in the selection grade.
SCHEDULE
District and Sessions Judge, Selection Grade
4.14 (1) Subject to the provisions of Rules 4.13 and 4.16 a Government employee who is appointed to officiate in a post shall draw the presumptive pay of that post.
(2) On an enhancement in the substantive pay, as a result of increment or otherwise, the pay of such Government employee shall be re-fixed under sub-rule (1) from the date of such enhancement as if he was appointed to officiate in that post on that date where such re-fixation is to his advantage.
Note 1.–See also notes 7 and 8 below rule 4.13.
Note 2.–In the case of a Government employee whose officiating pay on refixation under clause (2) of this rule carries his pay above the efficiency bar stage in the time-scale of the officiating post, the Government employee concerned should be deemed to have automatically crossed the efficiency bar at the time of relaxation of officiating pay and the question of application of efficiency bar shall not arise. In the case of a Government employee officiating in a post and whose pay had been refixed under clause (2) of this rule, if he is confirmed in that post from a retrospective date, the refixation of pay done under clause (2) above after the date of his confirmation will have to be revised and consequently over payments, if any, should be recovered.
Note 3.–In the case of a person proceeding on leave, if the period of leave counts for increment in the officiating post under rule 4.9 (b) subject to the fulfilment of the conditions and production of the necessary certificates, his officiating pay may be re-fixed under rule 4.14(2) from the very date of increment or increase in the substantive pay as if he was appointed to officiate in that post on that date. The benefit of the increase in officiating pay can be had by him only from the date of resumption of duties but his next increment in the officiating post will accrue to him from an earlier date in the next year calculated with reference to the date of refixation of pay.
If, however, the period of leave does not count for increment, in the officiating post, the Government employee loses all connection with that post during that period and he will be entitled to get his officiating pay fixed only from the date he returns from leave in which case the next increment will fall due only after completion of the prescribed period of duty from the date of resuming charge unless he becomes entitled to refixation of pay under rule 4.14 (2) once again from an earlier date.
Note 4.–Where the increment of a Government employee in the post in which he is officiating has been withheld under rule 4.7 without any reference to the increments that will accrue to him in the post held by him substantively, the provisions contained in sub-rule (2) of this Rule shall not apply before the date from which the orders withholding the increment finally cease to be operative. However, the Government employee may be allowed during the period of penalty of withholding of increment, his substantive pay from time to time if the same happens to be more than the officiating pay.
These provisions shall also apply in respect of a Government employee whose pay in the post held by him in an officiating capacity has been withheld at a particular stage or the efficiency bar stage of the time-scale of that post for failure to pass a departmental examination.
Note 5.–The pay of the Government employee who was not actually officiating at the time of enhancement of his substantive pay, but would have officiated under the „next below rule‟, but for his deputation to some other post/officiating appointment to a still higher post, shall be re-fixed under clause (2) above notionally in the post in which he would have continued to officiate but for his deputation to some other post/appointment in an officiating capacity to a still higher post. As and when the Government employee reverts to that post, from deputation/higher post, the actual pay to be given to him on the date of reversion will be arrived at with reference to such notional pay.
4.15 When a Government employee officiates in a post, the pay of which has been fixed at a rate personal to another Government employee, the competent authority may permit him to draw pay at any rate not exceeding the rate so fixed or, if the rate so fixed be a time-scale, may grant him initial pay not exceeding the lowest stage of that time-scale and future increments not exceeding those of the sanctioned scale.
Note 1.–This rule prescribes the initial rate of pay only. If the pay personally fixed is on a time-scale it is not intended that an officiating incumbent should be debarred from drawing increments in that time-scale according to the ordinary rules.
Note 2. Omitted.
4.16 A competent authority may fix the pay of an officiating Government employee at an amount less than that admissible under these rules.
Note 1.–One class of cases falling under this rule is that in which a Government employee merely holds charge of the current duties and does not perform the full duties of the post.
Note 2.–When a Government employee is appointed to officiate in a post on a time- scale of pay but has his pay fixed below the minimum of the time-scale under this rule he must not be treated as having effectually officiated in that post within the meaning of rule 4.4 or having rendered duty in it within the meaning of rule 4.9.
Such a Government employee, on confirmation, should have his initial pay fixed under rule 4.4 (b) and draw the next increment after he has put in duty for the usual period required, calculated from the date of his confirmation.
Note 3.–The power conferred by this rule is not exercisable save by a special order passed in an individual case and on a consideration of the facts of that case. A general order purporting to oust universally the operation of rule 4.14 would be ultra vires of this rule. Although, the practice of passing ostensibly special order on every individual case would not be ultra vires of this rule it would constitute the grossest possible fraud thereon.
4.17 A competent authority may issue general or special orders allowing acting promotions to be made in the place of Government employees who are treated as on duty under rule 2.16 (b).
Note.–Acting promotions have been permitted under this rule in place of Government employees who are treated as on duty under item 1 (i), of the Schedule to Chapter II.
PERSONAL PAY
4.18 Except when the authority sanctioning it orders otherwise, personal pay shall be reduced by any amount by which the recipient‟s pay may be increased, shall cease as soon as his pay is increased by an amount equal to his personal pay.
4.19 Omitted.
PAY OF TEMPORARY POSTS
4.20 When a temporary post is created which may have to be filled by a person not already in Government service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post.
4.21 When a temporary post is created which will probably be filled by a person who is already a Government employee, its pay shall be fixed by the competent authority with due regard to –
- the character and responsibility of the work to be performed; and
- the existing pay of Government employees of a status sufficient to warrant their selection for the post.
Note 1.–Under these rules, special duty or deputation in India will not be recognised. A temporary post will be created for the performance of that duty. If the special duty is to be undertaken in addition to the ordinary duties of the Government employee then rules 4.20 and
4.22 will apply.
Note 2. Omitted.
Note 3.–(1) Temporary posts may be divided into two categories, viz., 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 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 posts should be considered to be a temporary addition to the cadre of a service whoever may be the individual appointed to the post; while the latter class of temporary posts should be considered as unclassified and isolated ex-cadre posts.
(2) Temporary posts which by this criterion should be considered as temporary additions to the cadre of a service should be created in the time-scale of the service, ordinarily without extra remuneration. Incumbents of these posts will, therefore, draw their ordinary time-scale pays. If the posts involved decided increases in work and responsibility in comparison with the duties of the parent cadre generally, it may be necessary to sanction special pay in addition. Such special pay may only be allowed with the approval of the competent authority.
(3) 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 to create the post in time-scale of the holder‟s service. The observations contained in paragraph 2 above will apply with equal force to the grant of special pay over and above the ordinary time-scale.
COMBINATION OF APPOINTMENTS
4.22 The competent authority may appoint one Government employee to hold substantively, as a temporary measure or to officiate in, two or more independent posts at one time. In such cases, the Government employee shall draw the highest pay to which he would be entitled if his appointment to one of the posts stood alone:
Provided that the employee must fulfil the requisite qualifications and conditions for services for both the posts.
4.23 When a Government employee holds charge of the current duties of a post after being relieved of those of his substantive post, he officiates in that post. If it is not considered that he is entitled to the full officiating pay of the post, his pay may be fixed under rule 4.16. This should be done whenever the Government employee is not carrying out the full duties of the post.
Note. Omitted.
4.24 When a Government employee holds current duty charge of another post, in addition to that of his own substantive post, he does not officiate in the former post and as such is not entitled to any additional remuneration.