INDIAN RAILWAY ESTABLISHMENT MANUAL - VOL. I
TABLE OF CONTENTS

CHAPTER 13

RAILWAY FUNDAMENTAL RULES PAY AND INCREMENTS

1301. (F.R.9) Definitions. - Unless there be something repugnant in the subject or context ,the terms defined in Vol. I of this Code are applicable to this Chapter and succeeding Chapters of this volume.

1302. (F.R.17)

1. Pay and Allowances. - Subject to any exceptions specifically made in these rules and to the provision of sub-rule (2) a railway servant shall begin to draw the pay and allowances attached to his tenure of post with effect from the date he assumed the duties of the post, and shall cease to draw them as soon as he ceases to discharge those duties:

   Provided that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence

   Audit Instructions

   Date of reckoning pay and Allowances.

   1. Government servant will begin to draw the pay and allowances attached to his tenure of post with effect from the date on which he assumes the duties of that post if the charge is transferred before noon of that date. If the charge is transferred in the afternoon, he commences to draw them from the following day. This rule does not, however, apply to cases in which it is the recognised practice to pay a Government servant at higher rate for more important duties performed during a part only of a day.
   2. The date from which a person recruited overseas shall commence to draw pay on first appointment shall be determined by the general or special orders of the authority by whom he is appointed.

1303. (F.R.9) (21) (a) - Pay. - Pay means the amount drawn monthly by a Government servant as :-

1. 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
2. overseas pay, special pay and personal pay; and
3. any other emoluments which may be specifically classified as pay by the President .

Average Pay. - 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 definitions 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.

1304. (F.R. 9) (20) - Overseas Pay. - Overseas pay means pay granted to a railway servant in consideration of the fact that he is serving in a country other than the country of his domicile.

1305. (F.R. 9) (23) - Personal Pay. - Personal pay means additional pay granted to a railway servant-

1. to save him from a loss in substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; or
2. in exceptional circumstances, on other personal considerations.

Government of India's decision

1. All cases in which it is proposed to grant personal pay under F.R.9 (23) (b) may be referred to the Railway Board. In submitting such cases the instructions conveyed in Railway Board's letter No.0193-F dated the 6th September, 1938 should be carefully borne in mind.
2. Principles to determine grant of personal pay. - The following principles should be strictly observed for the grant of personal pay under F.R.9 (23) (b): --

   No application for the grant of a compensatory personal pay should be entertained unless-

   1. the officer's service has been consistently satisfactory and has been of a character superior to what is ordinarily expected of the incumbent of the appointment;
   2. the officer is fit for promotion but there is no possibility of giving him any advancement in the near future; and
   3. the officer has been at least for the five years on the same pay or if his pay is progressive, on the maximum pay of his appointment.

   The mere fulfilment of the conditions mentioned above should not be regarded as securing a personal pay to an officer as a matter of course, the purpose of the conditions being to enable obviously weak claims to be summarily rejected.

   (M.F.D. No. D-4171-Ex-II/33 dt.26-10-33)

1306. (F.R. 9 (24) ) - Presumptive pay of a post. - When used with reference to any particular railway servant, means the pay to which he would be entitled if he held the post substantively and were performing its duties; but it does not include special pay unless the railway servant performs or discharges the work or responsibility, in consideration of which the special pay was sanctioned.

Audit Instructions

Presumptive pay of a post. --The first part of the definition in intended to facilitate the use of the term in relation to a Government servant who has been absent from a post for some time but still retains lien on it.

1307. (F.R. 9 (25)) - Special Pay :- means an addition, of the nature of pay to the emoluments of a post or of a railway servant, granted in consideration of—

1. the specially arduous nature of duties; or
2. a specific addition to the work or responsibility and includes non-practicing allowance granted to doctors in lieu of private practice.

Authority competent to grant special pay.--The power of granting special pay as defined in this Rule shall be exercised only by the authority empowered to regulate the scales of ordinary pay.

(G.I., H.D. letter No.F-272-23 dated 16th Sept. 1926)

Railway Ministry's Orders

Two rates of Special Pay.--When a post on the cadre of a service carries different rates of special pay for "old entrants" and "new entrants", single rate of special pay should be granted to all future incumbents of the post and that this should be the rate, if any, considered suitable for "new entrants".

(Railway Board's letter No. 9916-F-IV dt. 25th May, 1938.)

Audit Instructions

Calculation of Special Pay in certain cases. - When special pay has been sanctioned in the form of a portion or percentage of pay in the ordinary line and the pay in the ordinary line includes an element of sterling overseas pay, such special pay should be determined as follows—

1. the special pay is admissible on the sterling overseas pay as well as on the rupee basic pay;
2. the special pay must be expressed and drawn wholly in rupee;
3. the sterling overseas pay should for the purpose of calculating the special pay be converted into rupees at the rate of 1$.6d. to the rupee.

Audit Ruling

A provision in the contract of a Government servant appointed to a particular post that he should "also do all things that may be required of him" does not contemplate his being required to perform onerous additional duties in another post without remuneration.

1308. (F.R. 9 (27)) - Substance grant means a monthly grant made to a railway servant who is not in receipt of pay or leave salary.

1309. (F.R.9(28))  - Substantive Pay means the pay other than special pay, personal pay or emoluments classed as pay by the President under Rule 1303(iii), to which a railway servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.

NOTE--In the case of a person with a lien on a permanent post under a State Government, "Substantive Pay" means the "substantive pay" as defined in the relevant rules of the State Government concerned.

1310.(F.R. 9 (31))

1. Time-scale pay means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to a maximum . It includes the class of pay formerly known as progressive.
2. Time-scales are said to be identical if the minimum, the maximum, the period of increments and the rate of increment of the time-scale are identical.
3. A post is said to be on the same time-scale as another post on a time–scale, if the two time-scales are identical and the posts fall within a cadre, or a class in a cadre, such cadre or class having been created in order to fill all posts involving duties of approximately the same character or degree of responsibility, in a service or establishment or group of establishments; so that the pay of the holder of any particular post is determined by his position in the cadre or class, and not by the fact that he holds that post.

Railway Board's Orders

Method of calculation of average cost of a post on a time-scale of pay.

1. The President has decided that in the case of Groups C and D establishment on a time- scale of pay, the mean cost of the scale of pay applicable to such establishment should be taken to be the 'average cost' of that time-scale.
2. The 'average cost' of a Group A or B post should be worked out in accordance with the following formula—

    

   		A+C(-A)		1-.004 S
   Average cost	=	-----------	[1-(S+1){.006+	----------	}-]
   		2+2		G-E

    Where -

   A- minimum pay,

   C-pay just before promotion to the second grade,

   S-period of rise from A to C,

   E-average age at entry in the first grade, and

   G-average age at the time of promotion to the second grade

   (Railway Board's letter No.2038-F,dt. 11thJan 1937)

1311. F.R.20--Pay during periods treated as Duty under Rule 103(15), (a) (F.R.9 (6) (b)).- In respect of any period treated as duty under Rule 103 (15) (a) (F.R.9 (6) (b)), a railway servant may be granted such pay as competent authority may consider equitable but in no case exceeding the pay which the Railway Servant would have drawn had he been on duty under rule F.R.9 (6) (b).

Government of India's decision

1. Pay during training of officers of A.I.R.O.-- A Government servant, who as an officer of the Army in India Reserve, carries out his military training on the expiry of leave out of India taken from his civil appointment, and before joining his civil appointment for duty, should receive pay as follows—
   1. Joining time civil pay from the date of disembarkation in India to the date preceding that on which his military training commenced.
   2. Full civil pay during the period of training.

   (G.I.,F.D.No.F-14(25)-R.1/31 dt. 17thAugust.1931.)

2. Pay during training of Reservists of the Indian Army in civil Employ. --A reservist of the Indian Army in Civil employ will, when called up for periodical military training receive military pay allowances. He will also receive the excess, if any, of the civil pay over his military pay, provided that this concession is specifically sanctioned by the Department of the Government of India or attached and subordinate office concerned, or by the Local Government in whose employ the reservist is serving in his Civil capacity. Except where the Civil pay of the reservist is met from the Army Estimates, the extra expenditure involved will not constitute a charge against the Army Estimates.

   The periods spent in training and on the journey to and from the place of training, will be treated as duty for purposes of Civil leave, pension and increments of Civil pay.

   (G.I.F.D.No.F-22-R.1/32 dt. the 14thApril, 1932.)

3. Pay of temporary/officiating railway servants during the period treated as duty under F.R.9 (6)(b).- In the case of a temporary/ officiating railway servant without any lien on a permanent post treated as on duty under the said rule the authority to whom powers have been delegated under F.R.20 (511) may fix the rate of pay to be given to him for such period, provided that it shall not, in any case, be more than the officiating pay which the railway servant would have drawn in the normal course.

   (Railway Board's letter No.F(E)59/FR-1/2 dt.25th May 59.)

Audit Instructions

1. Pay during training of an officiating officer- A Government servant who is treated as on duty during a course of instructions or training and who, at the time when he was placed on such duty, was drawing higher pay on account of an officiating appointment but for such instructions or training, be allowed to draw pay equivalent to what he would have drawn had he been holding the officiating appointment.
2. Interpretation of certain expressions used in F.R.20 (Rule 1311).– The expressions "the pay of any officiating appointment" occurring in F.R.20 (Rule 1311) should be taken to mean "the pay which the Government servant drew in the post which he held substantively" and "the pay which the Government servant drew in the post in which he officiated" respectively. In neither case is there any restriction on the kind 'pay' to be drawn, and the expression should, therefore, be held to include special pay, if any, which the Government servant drew in the post which he held substantively or in an officiating capacity.

1312. (F.R.21)--Time Scale Pay. --Rules 1313 to 1323 (F.R.22 to 29) and Rule 1326 (F.R.31) shall not apply to any time scale of pay in so far as they are inconsistent with the specific terms sanctioned for such time scale by the President.

1313. (FR-22)

1. The initial pay of a railway servant who is appointed to a position a time scale of pay is regulated as follows:--
   1.  
      1. Where a Railway servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity as the case may be, subject to the fulfilment of the eligibility conditions as prescribed in the relevant Recruitment Rules, 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 the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued or rupees twenty five only, whichever is more.

         Save in cases of appointment on deputation to an ex-cadre post, or to a post on ad-hoc basis, the railway servant shall have the option, to be exercised within one month from the date of promotion or appointment as the case may be, to have the pay fixed under this rule from the date of such promotion or appointment or to have the pay fixed initially at the stage of the time scale of the new post above the pay in the lower grade or post from which he is promoted on regular basis, which may be re-fixed in accordance with this rule on the date of accrual of next increment in the scale of the pay of the lower grade or post. In cases where an ad-hoc promotion is followed by regular appointment without break, the option is admissible as from the date of initial appointment/ promotion, to be exercised within one month from the date of such regular appointment:

         Provided that where a railway servant is, immediately before his promotion or appointment on regular basis 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 at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the time scale of the lower post or rupees twenty five, whichever is more;

      2. When the appointment to the new post does not involve such assumption of duties and responsibilities or greater importance, he shall draw as initial pay, the stage or the time scale which is equal to his pay in respect of the old post held by him on regular basis, or, if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis; 

         Provided that where the minimum pay of the time scale of the new post is higher than his pay in respect of the post held by him regularly, he shall draw the minimum as the initial pay;

         Provided further that in a case where pay is fixed at the same stage, he shall continue to draw that pay until such time as he would have received an increment in the time scale of the old post; in cases where pay is fixed at the higher stage, he shall get his next increment on completion of the period when an increment is earned in the time scale of the new post.

         On appointment on regular basis to such a new post, other than to an ex-cadre post on deputation, the Railway servant shall have the option, to be exercised within one month from the date of such appointment, for fixation of his pay in the new post with effect from the date of appointment to the new post or with effect from the date of increment in the old post.

      3. When appointment to the new post is made on his own request under (Rule 227 (a) (2)-RI (FR-15A) (2)) and the maximum pay in the time scale of that post is lower than his pay in respect of the old post held regularly, he shall draw that maximum as his initial pay. 
   2. If the conditions prescribed in clause (a) are not fulfilled, he shall draw as initial pay on the minimum of the time scale.

   Provided that, both in cases covered by clause (a) and in cases, other than the cases of re-employment after resignation or removal or dismissal from the public service, covered by clause (b), if he;

   1. has previously held substantively or officiated in –
      1. the same post, or
      2. a permanent or temporary post on the same time scale; or
      3. a permanent 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 subject to the fulfilment of eligibility conditions as prescribed in the relevant recruitment rules to a tenure post on a time scale identical with that of another tenure post which he has previously held on regular basis;

      then the initial pay shall not, except in cases of reversion to parent cadre, governed by proviso (1) (iii) be less than the pay, other than special pay, personal pay or any other emoluments which may be classed as pay by the President under Rule 1303 (iii)- R-II (FR-9 (21) (a) (iii)) which he drew on the last occasion, and he shall count the period during which he drew that pay on a regular basis 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 Railway servant in a temporary post had been inflated by the grant of premature increments, the pay which he would have drawn but for the 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 which he had held on a regular basis. 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:

      1. The Railway servant should have been approved for appointment to the particular grade or post in which the previous service is to be counted;
      2. 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 the higher posts, whether in the Department itself or elsewhere and at least one junior was holding a post in that Department carrying the scale of pay in which the benefit is to be allowed; and
      3. The service will count from the date his junior is promoted on a regular basis and the benefit will be limited to the period the Railway servant would have held the post in his parent cadre had he not been appointed to the ex-cadre post.

   Railway Board's Orders

   1. These rules will not apply to ad-hoc promotions from Group 'B' to Group 'A' and ad-hoc promotions within Group 'A' for which separate orders issued by Railway Board will hold good.
   2. Duties and responsibilities of greater importance for the purpose of Rule 1313 (FR-22):
      1. For the purpose of fixation of substantive pay (including presumptive pay) a junior scale post shall be deemed to carry duties and responsibilities of greater importance than those attached to Class II post (including the post of an Assistant Accounts Officer).

         (This takes effect from 2nd July, 1959)

      2. Appointments of the following classes shall be deemed to involve the assumption of duties and responsibilities of greater importance-
         1. appointment to the Assistant Officer's grade or Lower Gazetted Service from a non-gazetted post;
         2. appointment to the District Grade from an Assistant Officer's or lower grade post;
         3. appointment to junior administrative post from the District or Lower grade;
         4. appointment to a senior or inter-administrative post from a junior administrative post or from a lower grade;
         5. appointment to a senior administrative post from an intermediate administrative post;
         6. appointment to a senior administrative post in the erstwhile scale of Rs. 1800-2250 from a senior administrative post in the scale of Rs. 1800-2200 (RS). 
   3. A temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on a different rate of pay is not the same post as the permanent post even though the duties remain the same.
2. The President may specify posts outside the ordinary line of service the holder of which may, notwithstanding the provisions of this rule and subject to such conditions as the President may prescribe, be given 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 attached to such posts as they would have received if still in the ordinary line.
3. For the purpose of this rule, the appointment shall not be deemed to involve the assumption of duties and responsibilities or greater importance if the post to which it is made is on the same scale of pay as the post, other than a tenure post, which the railway servant holds on a regular basis at the time of his promotion or appointment or on a scale of pay identical therewith.
4. Notwithstanding anything contained in this rule, where a Railway servant holding an ex-cadre post is promoted or appointed regularly to a post in his cadre, his pay in the cadre postwill be fixed only with reference to his presumptive pay in the cadre post which he would have held but for his holding any ex-cadre post outside the ordinary line of service by virtue of which he becomes eligible for such promotion or appointment.

(Authority No. F(E)II/89/FR-1/1 dated 12-12-1991)

1314. (F.R.22A) - Fixation of pay on re-appointment. - The initial substantive pay of a railway servant who is appointed substantively to a post on a time scale of pay which has been reduced for reason other than 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 1313 (F.R.-22) provided that in the case of re-appointment on or after 1-6-1950 both in cases covered by clause 'a' of that Rule and in cases other than those of re-employment after resignation from the public service covered by clause 'b', that if he either-

1. has previously held substantively or officiated in -
   1. the same post prior to reduction of its time scale, or
   2. a permanent or temporary post on the time scale as the unreduced time scale of the post; or
   3. a permanent post other than a tenure post or a temporary post, on time scale of pay identical with the unreduced time scale of the post, such temporary posts being on the same timescale as a permanent post other than a tenure 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 President, under Rule 103(35) (FR-9) (21) (a) (3) which he would have drawn under Rule 1313 (F.R.22) 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.

1315. (F.R.22B)

1. Notwithstanding anything contained in these Rules, the following provisions shall govern the pay of a railway servant who is appointed as probationer in another service or cadre and subsequently confirmed in that service or cadre-
   1. during the period of probation he shall draw pay at the minimum of the time scale or at the probationary stages or the time scale of the service or the 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 or would hold a lien had his lien been not suspended; should at any time be greater than the pay fixed under this clause, he shall draw the presumptive pay of the permanent post;

   2. On confirmation in the service or post after the expiry of the period of probation, the pay of the railway servant shall be fixed in the time scale of the service or post in accordance with the provisions of the Rule 1313 (FR 22) or Rule 1316 ( F.R.22 C) as the case may be:

      Provided that the pay shall not be so fixed under Rule 1313 (F.R. 22) or Rule 1316 (F.R.22C) with reference to the pay that the railway servant would have drawn in the previous post held by him in temporary capacity and he shall continue to draw pay in the time scale of service or post as admissible under the normal rules.

      (Rly. Board's letter No. F(E)II/79/FR-1/3 dated 12-3-1980.)

2. The provision contained in sub-rule (1) shall apply mutatis-mutandis to cases of railway servants appointed on probation with definite conditions against temporary post in another service or cadre whether recruitment to permanent post as 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 1326 (F.R.31) 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 railway servant appointed as an Apprentice in another service or cadre shall draw-
   1. 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 or would hold a lien had his lien not been suspended, should at any time be greater than stipend or pay fixed under this clause, he shall draw the presumptive pay of the permanent post;
   2. 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 1313 (F.R.22) or 1316 (F.R22C) or Rule 1326 (F.R.31) as the case may be:

      Provided that the pay shall not be so fixed with reference to the pay that the railway servant would have drawn in the previous post held by him in temporary capacity and he shall continue to draw pay in the time scale of service or post admissible under the normal rules.

      (Rly. Board's letter No. F(E)II/79/FR-1 dated 12-3-80.)

1316. (F.R.22 C). Deleted except President's Decisions and Railway Board's Orders .

PRESIDENT'S DECISIONS

1. A question has been raised as to whether the provisions of Rule 1316 would be applicable even in cases of promotion to ex-cadre.

   It is clarified that Rule 1316 shall be applicable in such cases also provided that railway servant is entitled to draw pay in the scale of pay attached to the higher ex-cadre post, in accordance with the terms of deputation or transfer sanctioned for him. Where, however, according to the terms of deputation or transfer railway servant is given his grade pay of the post held by him in his own cadre plus a deputation allowance or special pay at a fixed rate or related to such grade pay, the question of applying provisions of Rule 1316 shall not arise.

   Similarly, in the case of a railway servant who draws pay in the scale of pay attached to an ex-cadre post if he reverts to his parent cadre, and is appointed in that cadre to a post higher than the ex-cadre post immediately held before reversion, his pay shall be fixed in accordance with Rule 1316 with reference to the pay drawn or admissible to him in the post in his cadre except that the benefit of service rendered upto 17-11-1966 in an ex-cadre post in an identical time scale of pay or in higher scale shall be given for pay fixation/ increments in the post in the parent service/cadre to which the officers reverts to the extent admissible under orders in force prior to 18-11-1966. These cases also, the orders shall not be applicable if in the ex-cadre post, the railway servant has been allowed to draw pay on the basis of his pay in parent cadre and a deputation allowance or special pay.

   (E(P&A) II / 73/ PP-3 dated 16.5.73.)

2. Whether the benefit of fixation of pay under Rule 1316 (F.R. 22C) can be given in the case of terms under 'Next Below Rule'.

   It is clarified that Rule 1316 (F.R.22C) can be applied in fixing pay under 'Next Below Rule'.

3. Under Rule 1316 certain points of doubt under the above order are clarified as under: -

    

   	Points		Clarification
   (i)	Whether It would be admissible to step up the pay of a senior railway servant in terms of Rule 1316 if the promotion of junior railway servant is in a lien/short term vacancy.		The benefit of stepping up of pay of seniors with reference to that of juniors can be given only in cases where the promotions of the senior and the junior are on a regular basis.
   (ii)	How the orders regarding stepping up of pay will be applied in cases where the pay of senior employee promoted earlier has been with held or has been reduced to a 'lower stage' in the time scale in the higher, post with or without cumulative effect.		In cases where the increment in the higher post has been withheld or where a railway servant's pay is reduced to a lower stage in the time scale of the higher post without cumulative effect, the orders of stepping up will be applicable from the date of expiry of the penalty by which time a junior had already been promoted subject to the fulfilment of other conditions laid down therein. In the case of persons whose increment has been withheld or whose pay has been reduced to a lower stage of the time scale in the higher post with cumulative effect, the orders of stepping up shall not be applicable.
   (iii)	Whether the orders of stepping up would apply to persons whose juniors pay in the lower post was inflated on account of the proviso to and exception below Rule 1313 (F.R.22)--having been allowed.		If as a result of application of the proviso to and the exception below Rule 1313 (F.R.22) the pay of the junior is more than that of the senior in the lower post, there would be no question of stepping up the pay of the senior in the higher post. If despite the application of the proviso to and the exception below Rule 1313 (F.R.22) the junior's pay is less that that of the senior and on promotion the former's pay happens to be greater than the pay of latter by virtue of the provisions of Rule 1316 (F.R.22C), stepping up will have to be done with reference to the actual pay drawn by the junior in the higher post.
   (iv)	Whether the orders of stepping up would be applicable to a railway servant in the lower post who is promoted to the higher post earlier than his senior due to high ranking given to him, if the senior in the lower post who is promoted later gets a higher pay.		No. The orders of stepping up are not applicable in cases where the junior employee in the lower grade is promoted earlier due to high ranking given to him by the Selection Board and the senior employee (in the lower grade) is promoted later.
   (v)	In cases where the list of seniority in the lower post is maintained locally and in higher posts the same is maintained on all-railways basis, how the orders of stepping up will be made applicable?		According to the provisions of stepping up orders, both the junior and senior railway servants should belong to the same cadre. To illustrate, in a case where a senior employee of one seniority (promotion) group maintained locally is promoted earlier to a higher post on the basis of list of seniority which is maintained on all-railway basis, he can get his pay stepped up only with reference to the pay of a junior belonging to the same seniority group in the lower post which was maintained locally.
   (vi)	How the pay of a railway servant fixed under this Rule on promotion to a higher post should be regulated when a junior to him in the lower post is promoted to the same higher post after earning increments in the lower post and thereby getting his pay in the higher post fixed at a stage higher than that of the senior railway servant.		In order to remove anomaly, the railway servant may be given an option for fixation of his pay on promotion as under :- Either his initial pay may be fixed in the higher post on the basis of Rule 1316 (F.R.22C) straightaway without any further review on accrual of increment in the pay scale of the lower post  or His pay on promotion may be fixed initially in the manner as provided under Rule 1313 (F.R.22 (A)(1)) which may be re-fixed on the basis of the provisions of Rule 1316 (F.R.22C) on the date of accrual of next increment in the scale of pay of the lower post. If the pay is fixed under (b) above, the next date of increment will fall due on completion of 12 months qualifying service from the date the pay is re-fixed on the second occasion. Option may be given within one month of the date of the promotion. option once exercised shall be final. This is applicable to promotions effected on or after 1-5-81.

   (Board's letter No. PC-65/PP-1 dated 18-9-1965 and PC-60/PP-1 dated 19-3-1966)

   (Railway Board's letter No. E(P&A)II-81/PP-4 dated13-11-1981.)

4. Whether the increase by one increment in the lower scale as contemplated in Rule 1316 should be given as a matter of course while fixing the pay in the higher post or that an order of the competent authority allowing the railway servant to cross the efficiency bar in the lower scale if involved should be required before fixing pay in the higher post.

   It has been decided that no orders of passing the efficiency bar in the lower scale are necessary for the purpose of fixing the pay in the higher post.

   (Authority Board's letter No.60/PP/1 dated 1-1-1962.)

5.  
   1. In regard to re-fixation of pay on confirmation in a post after introduction of Rule 1316 (F.R.22C).--(i)A question has been raised as to how the pay on substantive appointment to a post should be regulated after introduction of Rule 1316 (F.R.22C). It has been decided that as in the case of railway servants who are governed by Rule 1313 (F.R.22) and whose officiating pay has been fixed under Rule 1326 (F.R.31) read with Rule 1313 (F.R.22), confirmation is an occasion for re-fixation of pay. Their pay on confirmation should be re-fixed but this re-fixation shall be under the Rules applicable to the railway servant but for introduction of Rule 1316 (F.R.22C). However, if any junior promoted after 1-4-1961 gets pay more than his seniors, the seniors will be entitled to the benefit of stepping up of their pay if the same is advantageous to them.
   2. It is further clarified that on the introduction of Rule 1316 (F.R.22C) with effect from 1-4-1961, confirmation is not an occasion for re-fixation of pay if pay had once been fixed under that rule.

      (Railway Board's letter No. PC-60/PP-1 dated 27-6-1966.)

6. The position in regard to application of Rule 1316 (F.R.22C).--In cases of railway servants who are appointed to higher posts with the approval of Union Public service Commission and in whose case the Commission have made a specific recommendation regarding the initial pay is that in a case where the Union Public Service Commission recommend a specific rate of pay to be given to the railway servants, the person concerned should be eligible for that rate of pay. However, if on the contrary the Commission recommend that the pay should be fixed under the 'normal rules' then the pay may be fixed under Rule 1316 (F.R.22C) subject, of course to the condition that the post is higher than the post previously held by the employee.

   In order to enable the Accounts/ Audit authorities to see that the pay has been fixed in accordance with above, in all cases of appointment of Government/railway servants to other posts through Union Public Service Commission/Railway Recruitment Board, recommendation of the Commission in the matter of pay i.e. whether it is a specific rate of pay or pay to be fixed under the 'normal rates', as the case, may be should invariably be indicated in the order or notification appointing the employee concerned to the railway post.

   (Rly. Board's letter No.PC-64/PP-4 dated 7-9-1966.)

7. Reference Para 3 of President's Decision No.1 under Rule 1316 (F.R.22C).A point has been raised as to how the pay of a person reverting from an ex-cadre post to an identical/ equivalent cadre post in the parent department is to be fixed.

   It has been decided that where a person goes from post 'A' in his parent department to a post 'B' else where and reverts to post 'C' in his parent department and post 'C' is higher than post 'A' but not higher than post 'B', the pay in the post 'C' should be fixed under Rule 1316 (F.R.22C) with reference to pay in post 'A' However, the service rendered against post 'B' upto 17-11-66 shall be taken into account in fixing the pay against post 'C', if this is more advantageous to the railway servant.

8. Application of Rule 1316 (F.R. 22-C) to State Government servants on appointment to higher posts under the Administrative Control of the Railway Board. A question has been raised as to whether Rule 1316 (F.R. 22-C) is applicable to State Government servants on appointment to higher posts under the Government of India and whether for purpose of fixation of pay of state Government servants on appointment under the Government of India, the Dearness Allowance admissible under the State government may be included in basic Pay. It has been decided that—
   1. When a State Government servant is appointed to a railway post which carries duties or responsibilities of greater importance than those attaching to the post held by him under the State Government, the initial pay of the official in the railway post shall be fixed under Rule 1316 (F.R. 22-C) at the stage next above the pay of the post of State Government as arrived at under (ii) below.
   2. The Pay of the post in the State Government shall first be increased by one increment and Dearness Allowance if any admissible under the State Government which shall be treated as basic pay for the purpose of fixation of pay in the railway post shall be added there-to subject to the following conditions: -
      1. The maximum amount of Dearness Allowance to be taken into account will be Rs.100 or the actual amount of Dearness Allowance that will be taken into account by the State Government concerned for fixation of pay in their revised scales, if revision has taken place, whichever is less.
      2. From the basic pay so arrived at, the dearness Allowance at the revised rates admissible according to the Railway Rules should be deducted.

   NOTE (1). - For assessing the relative degrees of responsibility of the posts under the State Government and those under the railway Board, all relevant factors including the duties attached to the post, will be taken into consideration.

   NOTE (2). - However when a State Government servant drawing pay in the revised scale (after merging of dearness Allowance) under the State Government is appointed to a post on the railways and the post carries duties or responsibilities of greater importance than those attaching to the post held by him under the State Government, the initial pay of the official in the railway post should be fixed under Rule 1316 (F.R. 22-C) with reference to his basic pay only and the provisions contained in para (ii) (a) and (b) will not apply in such cases. (Board's letter No. PC-64/PP/4 dated 21st April1964 and No.PC-66/PP/9 dated 2nd December, 1966).

9.  
   1. By a strict application of the above rule, it may happen that a railway servant promoted or appointed to a higher post on or after 1st April, 1961 may draw a lower rate of pay in that post than another railway servant, junior to him in the lower grade and promoted or appointed subsequently to another identical post.
   2. In order to remove this anomaly it has been decided that in such cases the pay of the senior employee in the higher post should be stepped up to a figure equal to the pay as fixed for the junior employee in that higher post. The stepping up should be done with effect from the date of promotion or appointment of the junior employee and will be subject to the following conditions namely:-
      1. Both the junior and senior employees should belong to the same cadre and the posts in which they have been promoted or appointed should be identical and in the same cadre;
      2. The scales of pay of the lower and higher posts in which they are entitled to draw pay should be identical; and
      3. The anomaly should be directly as a result of the application of Rule 1316 (F.R. 22-C). For example, if even in the lower post the junior employee draws from time to time a higher rate of pay than the senior by virtue of fixation of pay under the normal rules, say due to grant of advance increments or due to accelerated promotion, etc., the provisions contained in this letter will not be invoked to step up the pay of the senior employee.
   3. The orders refixing the pay of the senior employees in accordance with the provisions of this letter shall be issued under Rule1321 (F.R.27).

      The next increment of the senior employee will be drawn on completion of the requisite qualifying service with effect from the date of refixation of pay.

      NOTE: These provisions are also applicable to cases where a senior Railway servant promoted to a higher post before 1.1.1973 draws less pay in the revised scales promulgated on the recommendations of the 3rd Pay Commission when his junior promoted to that higher post after 1.1.1973 provided the scales of the lower and higher posts in question, both revised and un-revised, are identical. The benefit of stepping up is admissible only if the promotions are regular basis.

      Authority: Ministry of Railways' letter No. E(P&A)II/90/PP-2, dated 30-11-1990.

   4. These orders take effect from 2nd February 1966. Cases of seniors drawing less pay than juniors in respect of promotions occurring on or after 1st April, 1961 may also be regulated under these orders but the actual benefit would be admissible from 2nd February, 1966.
10. The benefit of stepping up of pay under President's Decision above, should also be allowed to such of the seniors as are confirmed in the higher grade before the junior is promoted to the higher grade. In such cases the conditions for the eligibility to the benefit of stepping up of pay, viz, conditions (a) and (c) of para 2 Decision No. 4 should be determined with reference to the date on which the senior employee was promoted to the higher post but the quantum of stepping up of pay will depend on the pay admissible to the junior man on the date of his promotion to the higher post.

    (Board's letter No.PC-60/PP/1, dated 22nd July,66.)

11. Benefit of pay admissible in an intermediary higher post which would have been held by a railway servant but for his promotion to still higher post. The point whether after introduction of rule 1316 (F.R.22-C) a railway servant, who, while holding a post is appointed to officiate in a higher post, can be allowed protection of officiating pay of an intermediary post to which he would have been appointed in an officiating capacity but for his officiating pay of the intermediary post happens to be higher than the officiating pay admissible in the higher post, has been considered and it has been decided that-
    1. The pay that the railway servant would have got from time to time in the intermediary post but for his appointment in the higher post shall be protected by grant of personal pay, from the date his next (eligible), junior in the relevant seniority (promotion) group is promoted to the intermediary post. The pay in the higher post will not be refixed under Rule 1316 (F.R.22C) with reference to the proforma pay in the intermediate grade. 
    2. In case any junior is promoted to the higher post after first getting promotion in the intermediary post, the senior directly promoted to the higher post, will be entitled to the benefit of stepping up if due, in terms of President's Decision No.3 above.

       (PC-64/PP/5, dated 5-1-1967 and8-3-1968.)

Railway Board's Orders

A point has been raised as to how the pay of a railway servant who happens to be promoted to two different post carrying higher responsibilities on the same date should be regulated after the introduction of Rule 1316 (F.R.22C) with effect from 1st April 1961.

1. He should be deemed to have been promoted first to the lower post and pay fixed under Rule 1316 (F.R.22-C) RII provided it is certified that he would have held this post for a period not less than 22 days but for his promotion to the higher post.
2. He should subsequently be promoted to higher post and pay fixed under Rule 1316 (F.R.22-C) with reference to the pay arrived at in (i) above.

   (Board's letter No.PC-57/PP/13 dated 27th July, 1967.)

1317. (F.R.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 F.R.23 -, should be held to include grade promotion in cases in which a time-scale of pay has been substituted for a graded scale of pay.

Government of India's decision

The Government of India have decided that F.R. 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 F.R.23.

(G.I., M.F. O.M.No, 1(40)EIII(A)65, dated 6-11-65.)

Government of India's Orders

Option available for upward/ equivalent/ downward revision. - A question has been raised whether the option under F.R.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 F. R. 22-A. The 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 F.R.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 F.R.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 F.R. 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 F.R.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 F.R. 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 F.R. 22-A.

   (G.I.,M.F.,O.M.No.2(62)-Estt.III/60 dt 29th August,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 F.R.23 and F.R. 22 (a) (ii) read with Audit Instruction (I) below F.R.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 F.R.26.

   (G.I. M.H.A., Deptt. Of Personnel & A.R., O.M. No. F.13/14/83-Estt.P-I, dated the 9th January, 1984.)

1318. (F.R. 24) Increments in Time-scale. – An increment other than the increment next above an efficiency bar shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be withheld from a railway servant by a competent authority if his conduct has not been good or his work 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.

Notwithstanding anything contained in these rules, on or after 1-11-73, the increment shall be drawn as from the 1st of the month in which it falls due under the normal rules and the date of next increment shall be reckoned on this basis viz. 1st of the month in which initially the increment was drawn on or after 1-11-73.In such cases, the pay of railway servants on promotion/appointments to higher grades/posts shall be fixed in the higher scale after taking into account the increment to be drawn from the first of the month notwithstanding that the date on which that increment actually falls due is after the date of promotion.

(Railway Board's letter No. PC-III/74/INC/1 dt. 17-1-74 and dated 3-6-75.)

When the increment is withheld for a specified period as a measure of penalty, the increment should be drawn from the date from which the penalty imposed ceases to operate. The subsequent increment shall however be admitted/drawn from the first of the month in which they fall due under normal rules, the period of dies-non like break in service etc. being treated in the same way as leave without pay.

(Railway Board's letter No. PC-III/75/Inc/2 dt. 10.11.75)

1319. (F.R.25). - Increments above an efficiency Bar. - Where an efficiency bar is prescribed in time-scale, the increment next above the bar shall not be given to a railway servant without the specific sanction of the authority empowered to withhold increments under Rule 1318 (F.R. 24) or the relevant disciplinary rules applicable to the railway servant or of any other authority whom the competent authority may, by general or special order, authorize in this behalf.

PRESIDENT'S ORDERS

A railway servant against whom an efficiency bar has been in force or whose increment has been withheld for failure to pass a prescribed examination, may be allowed to draw pay at the stage which he would have ordinarily reached but for his detention at the bar or withholding of increment and he may be allowed to draw his future increments from the original date of increment. In other words, ordinarily the detention at the efficiency bar stage or withholding of increment for failure to pass a prescribed examination will have only the effect of postponing the drawl of increment above that stage by the time taken in qualifying for crossing that stage. In particularly bad cases, however, the authority competent to sanction increments may allow the railway servant to recommend his ascent in the time-scale from the stage at which he was detained only from the date on which the bar is removed or on which he passes the examination.

(Railway Board's letter No. E(NG)62-ICI/3,dated 12-12-1963)

Government of India's Orders

Revised procedure for efficiency bar application and fixation of pay on restoration.

1. The Third Central Pay Commission have made the following recommendation in regard to crossing of Efficiency Bar by Government servants, vide recommendation No.37 of their Report:-

   "There should be a more effective application of efficiency bars than has been done hitherto. Measures should be taken to ensure that crossing the efficiency bar is no longer a routine matter and that those who do not pull their weight are denied further increments".

   Government have since accepted the above recommendation of the Third Central Pay Commission.

2. In order to ensure effective implementation of the aforesaid recommendation, the Third Central Pay Commission have indicated certain further steps in para 17 of Chapter 8 of their Report (Vol. I). These have been accepted by Government and the following decision s have been taken:
   1. Cases of railway servants for crossing the Efficiency Bar in a time-scale of pay shall be considered by a standing Committee of three officers for various categories of employees which shall be the same as the Departmental Promotion committee constituted for the purpose of considering cases of confirmation of the government servants concerned. The Committee shall be nominated by the Head of the department in case of non-Gazetted staff and by the General Manager in case of Gazetted officers. (Railway Board's letter No. PC-III/76/EB/1 dated 19-1-78).Where, however, in a Department Promotion Committee for considering case of confirmation, a Member of the Union Public Service Commission is associated, it shall not be necessary to associate the Member of the Commission in the Committee for considering cases of Government servants for crossing of the Efficiency Bar. It is not essential for the Committee considering case of railway servants for crossing the Efficiency Bar to sit in a meeting to consider such cases, but it may consider such cases by circulation of papers. The Committee shall make its recommendations to the authority competent to pass an order declaring the employee to cross the Efficiency Bar.
   2. In respect of Railway servants in Group 'C' and 'D':-
      1. Trade tests wherever these are being conducted for crossing the efficiency bar should continue.
      2. Where confidential reports are not maintained, the review of the Committee shall be on the basis of the service record and the report of the immediate supervisor of the concerned employee.
      3. Where confidential reports are maintained, the Committee of the three officers appointed for the purpose, shall make a report on the basis of reports of the immediate superior as well as confidential reports.
      4. Oral/written test will not be held in (ii) and (iii) above.
      5. Also, the Artisan staff shall not be subjected to a trade test as in (i) above and their cases shall be processed according to (ii) and (iii) above.

      (Railway Board's letter No. PC-III/76/EB/1 dated 11-8-78 and 31-5-79.)

   3. Where a railway servant who has been held up at the Efficiency Bar stage on the due date on account of unfitness to cross the Efficiency Bar is allowed to cross the Efficiency Bar at a later date as a result of subsequent review which should also be done in accordance with procedure mentioned in para 2(1) above, the increment above the Efficiency Bar shall be allowed to him from the date of such order to cross the Efficiency Bar. Where, it is proposed to fix his pay at a higher stage, taking into account the length of service from the due date for crossing the Efficiency Bar, the case should be referred to the next higher authority for a decision.
   4. At regular intervals, which may be prescribed by the Railway Board/General Managers concerned, the Divisional Railway Managers, Heads of Deptt. And General Managers and competent authority in Railway Board should review the position obtaining in that Ministry/Railway regarding sanction of increments above the Efficiency Bar stage in order to see whether the authorities concerned are being objective and not either to lenient or too strict enforcing the Efficiency Bar.
   5. The Ministry of Railways may undertake every three years or so, a method study to see the working of the system of considering railway servant's suitability for crossing the Efficiency Bar and suggest improvements therein.

1320. (F.R.26) Reckoning Service for increments. - The following provisions prescribe the conditions on which service counts for increments in a time-scale -

1. 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.

2.  
   1. Service in another post, other than a post carrying less pay referred to in clause (a) of Rule 227 (F.R.15) whether in a substantive or officiating capacity, service on deputation out of India and leave except extraordinary leave taken otherwise than on medical certificate, shall count for increments in the time-scale applicable to the post on which the railway servant holds a lien, as well as in the time-scale applicable to the post or posts, if any on which he would hold a lien had his lien not been suspended.

      Provided that the service rendered in an ex-cadre post shall not be reckoned for fixation of pay in another ex-cadre post and the pay in subsequent ex-cadre post shall be fixed under the normal rules with reference to pay in the cadre post.

   2. 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 railway servant 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 he is satisfied that the extra-ordinary leave was taken for any cause beyond the railway servant's control or for prosecuting higher scientific and technical studies, direct that extraordinary leave shall be counted for increments under clause (i) or (ii).

3.  
   1. If a railway servant, while officiating in a post or holding a temporary post on a time-scale of 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 re-appointed to a post on the same time-scale of pay, count for increment 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 post is, however, restricted to the period during which the railway servant would have officiated in the lower post but for his appointment to the higher post. This clause applies also to a railway servant 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 time-scale of pay had he not been appointed to the higher post.
   2. If a railway servant on reversion from an ex-cadre post to the present 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 same conditions as are laid down for cases falling under proviso (1)(iii) to Rule 1313 (F.R.22).
4. Foreign service counts for increments in the time-scale applicable to-
   1. the post in railway service on which the railway servant concerned holds a lien as well as the post or posts if any, on which he would hold a lien had his lien not been suspended;
   2. The post in railway service in which the railway servant 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; and
   3. Any post in the parent cadre on a lower scale of pay to which the railway servant is appointed on reversion from the ex-cadre post subject to the fulfilment of the conditions mentioned in proviso (1) (iii) to Rule 1313 (F.R.22).
5. Joining time counts for increment-
   1. if it is under clause (a) or clause (c) of F.R.105 (Rule 1101) in the time scale applicable to the post on which a railway servant holds a lien or would hold a lien had his lien not been suspended as well as in the time-scale applicable to the post, the pay of which is received by a railway servant during the period; and
   2. if it is under clause (b) of F.R.105 in the time-scale applicable to the post/ posts on which the last day of leave before commencement of joining time counts for increments.

   Explanation. -For the purposes of this rule, the period treated as duty under sub-clause (b) of clause (6) of F.R. 9 (Rule 103(15)) shall be deemed to be duty in a post if the railway servant draws pay of that post during such period.

   Government of India's Orders

   In connection with leave taken by X,--the Deputy Director, Intelligence- when the organisation was on a temporary basis, the question was raised whether the order contained in paragraph 8 of the Finance Department Resolution No. 1559-E.A., dated the 16th August,1921, vide Government of India's orders (1) above were applicable to him. The Government of India have consulted the Auditor General who agrees that outside the transitional stage when posts on graded pay were changed to time-scales, these orders do not permit any concessions which are not now admissible under the ordinary Fundamental Rules, while on the other hand they restrict the grant of the concessions which is permissible under Fundamental Rule 26(d).As, however, these orders are permissible under Fundamental Rule 21 (Rule1312) in the case of time-scale sanctioned by the Secretary of State, his sanction is necessary to their cancellation. The Secretary of State in Council as authorized the Government of India to apply in consultation with the Auditor General the principles of the Fundamental Rules in cases in which concessions admissible under the Fundamental Rules cannot be applied to a period of service in administrative post.

   Audit Instructions

   1. Intention of F.R.26(c ) (Rule 1320).--The intention of this rule is to allow the concession irrespective of whether the higher post is within or outside the Department to which the Government servant belongs.
   2. Overstayal of leave.--A period of overstayal of leave does not count for increment in a time-scale unless under F.R. 85(b) it is commuted into extraordinary leave and under the proviso to F.R.26(b) (1320b), the extraordinary leave is specially allowed to count for increments.
   3. Increment admissible to a probationer.--If a probationer 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.
   4. Increments of officiating government servants during absence on duty. --In the case of a Government servant who, while officiating in one post, is appointed to officiate in another, the period of joining time spent in proceeding from the one post to the other should be treated as duty in the post, the pay of which the Government servant draws during the period and will count for increment in the same post under F.R. 26(a) (1320a). In the case of a Government servant 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 the period of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction if he is allowed the pay of the officiating post during such period.
   5. Although joining time taken under Rule 1101 (Fundamental Rules105(b) and (c) is treated as duty under Rule 103(15)(a)(i) [Fundamental Rule 9(6)(a)(ii)] it cannot be treated as duty for the purposes of increment in an officiating post in as much as only leave salary is drawn for the period.

   Railway Board's orders.- Increments for service in temporary post converted into permanent post.-- Service in a temporary post which is converted into a permanent post on a different rate of pay shall not count for increments in the latter post even though the duties remain the same.

   (Railway Board's letter No. 0154-F dated 23rd July, 1937.)

   PRESIDENT'S DECISION NO.1

   As to whether the certificate as contemplated in F.R.26(b)(ii) (1320(b)(ii) can be issued to more than one officer in respect of the same post and for the same period of leave if the condition laid down therein, namely their continuance otherwise in the post in question is fulfilled in each case, the President has been pleased to decide that the certificate envisaged in the aforesaid rule may be furnished by the competent authority, if necessary, in respect of more than one person, subject, of course, to other consideration namely, their continuance otherwise in the post in question.

   (Railway Board's letter No. F(E)52-RC-3(1), dated 25th October, 1957.)

   PRESIDENT'S DECISION NO.2

   The benefit of Rule 1320 is admissible also to a Railway servant who while officiating in a higher post or holding a temporary post under the administrative control of the Ministry of Railways is appointed to officiate in higher posts or appointed to hold higher temporary posts or appointed to higher temporary posts under a State Government.

   (Railway Board's letter No. F(E)58/PA-1/3 dated 23rd December, 1958.)

   PRESIDENT'S DECISION NO.3

   A question has been raised whether a certificate as envisaged in F.R. 26(b)(ii)/ 1320(b)(ii) would be necessary in the case of Railway servants engaged on contract who are governed by the leave rules applicable on the Indian Railways. It has been decided that the certificate under the above rule may be dispensed with in case where officers are appointed on contract to specific posts and proceed on leave from those posts.

   In the case of officers who are given indefinite contracts without specifying any particular posts and other contract officers who, though appointed initially to specific posts, are transferred in an officiating capacity to other posts and who proceed on leave thereafter, the certificate under the above rule 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.

   (Railway Board's letter No. F (E)58/ICI/1, dated 19th December, 1958.)

1321. (F.R. 27) - Premature Increments. -Subject to any general or special orders that may be made by the President in this behalf, an authority may grant a premature increment to a railway servant on a time-scale of pay if it has power to create a post in the same cadre on the same scale of pay.

Government of India's Orders

1. Intention as regards future increments.-In the case of increments granted in advance, it is usually the intention that the officer 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 an officer, who has so risen.

   (G.I., F.D., No. 752-C.S.R., dated 6th July, 1919.)

2. No obligation to state reasons for action taken under Fundamental Rules.--The President has decided that the Government are not prepared to state the reasons for their action under any of the Fundamental Rules when the said rules themselves contain no such condition or stipulation.

   (G.I., F.D., letter No. F-69-RI/28, dated 22nd May, 1928.)

PRESIDENT'S DECISION

The powers under Rule 1321 (F.R. 27) should not be exercised by the competent authorities to grant premature increments:

1. as reward for meritorious work;
2. in disregard of the advices given by the associate finance in any individual case of fixation of pay;
3. in disregard of the normal rules governing fixation of pay except in cases of hardship or where the circumstances are unusual; or
4. to take into account the monetary equivalent of certain perquisites allowed, special pay drawn, or deputation allowance granted in a previous post, for the purpose of fixing the initial pay on appointment to another post where such monetary benefits are not permissible.

(Railway Board's letter No. F(E)II-68F.R.1/1 dated 20th March, 1968) (No. 365 dated 1st January, 1972.)

1322. (F.R. 28) Pay on Reduction to Lower Post. - The authority which orders the reduction of railway servant as a penalty from a higher to a lower post or time-scale, may allow him to draw any pay, not exceeding the maximum of the lower post, or time-scale which it may think proper.

Provided that the pay allowed to be drawn by a Railway servant under this rule shall not exceed the pay which he would have drawn by the operation of Rule 1313 (F.R.22) read with Clause (b) or Clause (c) as the case may be, or Rule 1320 (F.R.26).

1323. (F.R. 29).

1. If a Railway servant 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 Railway servant 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.

1324. (F.R. 29-A). - Where an order of penalty of withholding of increment of a railway servant 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 railway servant shall, notwithstanding anything contained in these Rules, be regulated in the following manner: --

1. 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 pay which he would have been entitled had that order not been made and the pay he had actually drawn;
2. 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 railway servant 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.

1325 . (F.R.30). Deleted.

1326. (F.R. 31). Deleted.

1327. (F.R. 31-A). - Notwithstanding the provisions contained in these rules, the pay of a railway servant whose promotion or appointment to a post is found to be or to have been erroneous shall be regulated in accordance with any general or special orders issued by the competent authority in this behalf.

1328. (F.R. 33). - When a railway servant officiates in a post the pay of which has been fixed at a rate personal to another railway servant, a 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.

Audit Instruction

"The lowest stage of that time-scale". - If a Government servant, who is personally qualified to draw overseas pay, if appointed to officiate in a post on a time-scale, the pay of which is fixed personally for the substantive holder of the post and includes sterling overseas pay, the lowest stage in the time-scale, for the purposes of F.R. 33 (1328) is the minimum of the time-scale, plus the sterling overseas pay included in the pay fixed personally for the substantive holder of the post.

1329. (F.R. 35). - 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 F.R. 22 (1313).

Government of India's Decision

Special order necessary to exercise power under F.R. 35 (1329).--In a case in which a local Government issued orders of a general nature under F.R. 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 F.R.31 (1326), it is clear that the power conferred by F.R.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 F.R. 31 (1326) would be ultra vires of F.R. 35 (1329), it would constitute the grossest possible fraud thereon.

(G.I. F.D. letter No. F-9(5)RI /33 dt. 28th March, 1933)

1330. (F.R. 36). - A competent authority may issue general or special orders allowing officiating promotions to be made in the place of railway servant who are treated as on duty under Rule 103 (16) (b).

Government of India's order

1. Officers of A.I.R.O.--Acting promotions may be made in the place of Government servants undergoing training in the Army in India Reserve of Officers and the Indian Territorial Forces, who under paragraph 38, Appendix XXX, Regulations for the Army in India, Army Instruction (India), No.E-37 of 1927 and royal Air Force Instruction (India), No. 87 of 1927, are treated during the period of training as on duty for the purpose of civil leave and pension and for increments of civil pay.

   (G.I., F.D. Memo No. F-60-RI/28 dated 30th April, 1928 and C.I., F.D., No. F-111-1/30 dated 16th August, 1930.)

2. In the case of railway officers undergoing training at the Railway Staff College, Baroda, Indian Railways School of Advanced Permanent Way Engineering, Poona, Indian Railway School of Signal Engineering and Telecommunications, Secundrabad and Indian Railway School of Mechanical and Electrical Engineering, Jamalpur, the period so spent may be treated as duty and officiating arrangement may be made by the Railway Administrations vice the officers so deputed. This is, however, subject to restriction laid down in connection with acting promotions.

   (Rly. Board's letter No. E(GR)1167 TR 1-6, dated 11th April, 1967.)

   (No. 369, dated 1st January, 1972.)

1331. (F.R.37) - Personal Pay. - 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, and shall cease as soon as his pay is increased by an amount equal to his personal pay.

1332. (F.R. 39) - Pay of Temporary Posts. - 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.

1333. (F.R.40).- 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-

1. the character and responsibility of the work to be performed; and
2. 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 service and the rule governing the fixation of pay for the holders is Fundamental Rule 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 Fundamental Rule 22 (1313) and 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 fundamental rule 40 (1333).It has accordingly been ordered that the following principles should strictly be observed in fixing pay of such posts.