GOVERNMENT OF TAMIL NADU

                                                                           Personnel and Administrative
                                                                          Reforms (FR.I) Department,
                                                                          Fort St.George, Madras-9.

  Letter No.105475/FR.I/87-2, Dated : 19.1.1988

 From

Thiru J.ANJANI DAYANAND, IAS.,
Special Commissioner and
Secretary to Government and
Agricultural Production Commissioner. 

To

All Commissioners and Secretaries to Government, Madras-9.
All Heads of Departments, including all Collectors/District Judges.
The Accountant General-I, Madras-18.
The Accountant General-II, Madras-18,
The Accountant General, Madras-35.
The Pay and Accounts Officer, madras
The Pay and Accounts Officer, (East), Madras-5.
The Pay and Accounts Officer (South), Madras-35.
The Assistant Pay and Accounts Officer, Madras-9.
The Secretary, Tamil Nadu Public Service Commission, Madras-2.
The Registrar, High Court, Madras-1.
All Treasury Officers.
 

Sir,
                         Sub : Fundamental rules – Fixation of pay under Fundamental Rule 22-B
                                  in higher posts – option for fixation of pay after accrual
                                 of next increment in the lower post – Orders issued.

…..

 As per the fifth proviso to FR.22-B, a Government servant on promotion/appointment to a higher post involving assumption of duties and responsibilities of greater importance than those attached to the post held by him, shall have option for fixation of pay under FR.22-B from the date of such promotion/appointment or initially in the manner as under FR.22(1)(b)(i) and refixation of pay under FR.22-B on the date of accrual of next increment in the lower post.  The option should be exercised within one month from the date of promotion/appointment, failing which pay shall be fixed under FR.22-B on the date of promotion/appointment to the higher posts.  Instances have come to the notice of the Government that, after having fixed the pay of the Government servant in the higher post, his pay in the lower post has been refixed, consequently the date of his increment in the lower post have been changed and pay in the higher post required refixation with reference to the revised pay in the lower post.  A point arose, whether in such case, the individual can be allowed revised option for fixation of pay. Again in the case of temporary promotion, pay is fixed under FR.22-B, if the individual satisfies all the rules relating to regular appointment to the post.  In such cases, if the services of the individual are regularized, from a date subsequent to the date of initial temporary promotion/appointment his pay should be refixed in the higher post with effect from the date of regularization of services in the higher post and increments, if any, granted should be revised.  A point arose, whether in such cases also, the individual can be allowed revised option. Government have examined the above matter and decided to give revised option in the above cases.

 2. The Government accordingly direct that, revised option for fixation of pay under fifth proviso to FR.22-B shall be admissible when the pay of a Government servant is refixed in the higher post, consequent on the revision of his pay in the lower post, or consequent on the regularization of his services in the higher post from a date susbsequent to the date of initial temporary promotion/appointment to the higher post which the pay is already fixed.

 3.Revised option in the above cases shall be exercised by the Government servants within one month from the date of issue of orders refixing the pay in the lower post or regularizing the services in the higher post, as the case may be.  If no option is exercised within the above period, pay shall be refixed under FR.22-B.

 4. Amendments to Fundamental Rules will be issued separately.

                                                                                               Yours faithfully,
                                                                                                Sd/xxx
                                                                                    For Special Commissioner and
                                                                                    Secretary to Government and
                                                                                            Agricultural Production Commissioner.