Restriction of officiating pay under FR 35 as per 7th CPC

 Kayveeyes’ Daily Rules Recap 
24. Restriction of officiating pay under FR 35 :

I. FR 35 and its Application:
• FR 35 allows the government to limit the pay of an officiating government servant.
• Specific orders outline the circumstances and extent of these restrictions.

II. Revised Ceilings under 7th CPC:
• The government has revised the pay restriction ceiling under FR 35 after the implementation of the 7th Central Pay Commission (CPC).
• The increase in basic pay during an officiating appointment is limited to 12.5% or Rs. 6700 per month, whichever is lower.

III. Method of Pay Fixation:
• For promotions within the cadre but not on a regular basis: 
o Initial pay is fixed under relevant rules.
o If the increase is within the 12.5% or Rs. 6700 limit, no FR 35 restriction applies.
o If the increase exceeds the limit: 
 Pay is restricted as per the 12.5% or Rs. 6700 ceiling.
 If no matching cell exists in the officiating post's pay matrix, the officer is placed in the next higher cell.
o If the restricted pay falls below the first cell of the officiating post's level: 
 Pay is fixed in the original post's level.
 The officer draws increments in the original post's level until reaching the minimum of the officiating post's level.
 After one year of reaching the officiating post's minimum, the officer draws increments in the officiating post's level.

IV. Applicability:
• FR 35 restrictions apply to promotions within the cadre that are not regular appointments.
• Restrictions do not apply to regular cadre promotions where the employee meets all eligibility criteria.

V. Date of Effectiveness:
• The revised ceilings and procedures are applicable from the date an employee started drawing pay under the 7th CPC (Central Civil Services (Revised Pay) Rules, 2016).

I. FUNDAMENTAL RULE
In terms of the provisions contained in Fundamental Rule 35 (FR 35), the Central Government may fix the pay of an officiating Government servant at an amount less than admissible under the Fundamental Rules. Accordingly, orders have been issued from time to time indicating the circumstances and the extent to which provisions of FR 35 would apply.

II. REVISED CEILINGS IN 7TH CPC CONTEXT
The question of revising the ceilings for restriction of basic pay under FR 35 after implementation of CCS (RP) Rules, 2016 was considered by the Government. It was decided that the pay under FR 35 shall be restricted in a manner so that the increase in the basic  pay of  the post held  by the Government Servant prior to the officiating appointment shall not exceed 12.5% subject to a maximum of Rs. 6700 per month. Any increase in excess of 12.5% of the basic pay with a further ceiling of Rs. 6700 per month shall be treated as substantial increase for the purposes of FR 35.

III. METHOD OF PAY FIXATION 
In case of appointment on promotion in the normal line within the cadre but which is not on regular basis, initially the pay may also be fixed under relevant rules. After such fixation of pay, if it is found that there is no substantial increase in the pay so fixed as defined in para 2 above, the restriction under FR 35 will not be applied. However, after such fixation of pay, if it is found that there is substantial increase in the pay so fixed, the restriction as mentioned in para 2 above will be applied. In that case, after restriction of basic pay if there is no such Cell equal to the amount so arrived after restriction is available in the Level of Pay Matrix of the officiating post, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached. The Government servant will earn his annual increment on the basic pay so fixed after imposition of restrictions under FR 35.
2. However, in the cases where the pay of the officer after imposition of  the restrictions in the manner indicated above is fixed at less than the value of the first Cell of the Level of the officiating post, in that case, his pay will be fixed in the Level of post held by him before such officiating appointment. If no such Cell equal to the amount so arrived after restriction is available in the  Level of post held  by him before such officiating appointment, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached and he will draw his annual increment(s) in that Level of the lower post till he reaches the minimum of the Level of the officiating post. After one year of reaching/surpassing the minimum of the Level of the officiating post, the officer will become entitled to increment in the Level of the officiating post and his pay will be fixed in Cell 2 of the Level of the pay matrix of the officiating post.

IV. APPLICABILITY
In cases of appointments on promotion in the normal line within the cadre but which are not on regular basis, the pay shall be restricted under FR 35 in the manner given above. However, restriction of officiating pay under FR 35 will not be invoked in respect of regular cadre promotion where the employee who becomes due for promotion falls within the zone of consideration and fulfils all the conditions of eligibility prescribed in the Recruitment Rules for promotion.

V. DATE OF EFFECTIVENESS
The new rates are applicable with effect from the date an employee drew pay in the revised scale of pay applicable in accordance with Central Civil Services (Revised Pay) Rules, 2016.

 

 

 

Courtesy : yourskayveeyes.blogspot.com