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GOVERNMENT OF TAMIL NADU
Personnel and Administrative
Reforms (FR.DO.1) Department,
Secretariat, Madras-600 009.
Letter No.15739/FR.DO.1/92-2, Dated 12.1.1993.
From
Thiru M.Ahmed, IAS.,
Secretary to Government.
To
All Secretaries to Government,
Secretariat, Madras-9.
Sir,
Sub : Fundamental Rules – Assistant Section Officers/Section Officers
Of Departments of Secretariat – Recruitment by transfer of
Service as Deputy Block Development Officers etc/Deputy
Collectors etc. – Reversion to Secretariat – Regulation of
pay in Regular line – Instructions – Issued.
Ref : 1.Govt. Lr.No.81530/FR.I/91-1, Personnel and
Administrative Reforms, dated 28.1.1992.
2. From the President, Tamil Nadu Secretariat Association,
letter, dated 10.2.92.
……
As per Fundamental Rule 26©, the period spent on other duty in a higher post by transfer of service can be taken into account for regulation of notional increment in the regular line and movement to Selection Grade/Special Grade. In the Government letter first cited, the departments of Secretariat were informed that the requests from the Government Servants for relaxation of relevant provisions of Fundamental Rule 26 in their favour to regulate increments by counting services rendered in a post carrying lesser scale of pay cannot be considered and that their pay should be regulated as per Fundamental Rule 22.
2. Certain Assistant Section Officers in the Departments of Secretariat in the lower scale of pay of Rs.1400-2600 were appointed as Deputy Block Development Officers in Rural Development Department/Field officers in the Small Savings Department in the higher scale of pay of Rs.1600-2660 by transfer of service prior to 1.6.1988. The scales of pay of the posts of Deputy Block Development Officers and Field Officers have become lesser consequent on the revision of scale of pay of Assistant Section Officers in Secretariat from Rs.1400-2600 to Rs.1640-2900 with retrospective effect from 1.6.1988. Certain Assistant Section Officers who get themselves reverted to the regular line after the revision of the scale of pay of Assitant Section Officer as Rs.1640-2900 have represented to relax Rule 26© of Fundamental Rules in their favour so as to regulate their increments by counting the services rendered in the posts outside the regular line which carry lesser scale of pay. The Tamil Nadu Secretariat Association has forwarded the representation of the petitioners.
3. The appointment from a feeder post to another post/service is made in accordance with the methods laid down in the Special Rules of the respective Services in Government Departments. The Asssistant Section Officers in Secretariat in the pre-revised scale of pay of Rs.1400-2600 are appointed as Depputy Tahsildars in Revenue Department and as Assistant Commercial Tax officers in Commercial Tax Department, both in the scale of pay of Rs.1600-2660 by transfer of service in addition to the posts of Deputy Block Development Officers in Rural Development Department and Field Officers in the Small Savings Department. Smilarly the post of Section Officer in Secretariat is a feeder category for appointment to the post of Deputy Collectors, Divisional Development Officer, Deputy Commercial Tax Officers and Commercial Tax Officers, Accounts Officer, etc., by transfer of service. Consequent on the upward revision of scale of pay of Assistant Section officer with retrospective effect from 1.6.1988, ordered in G.O.Ms.No.432, Finance, dated 17.6.91 the scales of pay of Deputy Block Development Officers, Field Officers, Deputy Tahsildars, Assistant Commercial Tax officers outside the regular line etc, have become lesser. The scale of pay of Section Officers including Selection Grade Section officers which were either identical or low have become higher than that of Deputy Collectors, Divisional Development officer, Deputy Commercial Tax officers and Commercial Tax Officers etc., after the introduction of the Revised Scales of pay Rules, 1989 issued in G.O.ms.No.666, Finance (PC) dated 27.6.1989 and the upward revision of scale of pay ordered in G.O.Ms.No.304, Finance (PC), dated 28.3.1990. The Assistant Section officers and Section officers including Selection Grades in the said categories who were appointed on transfer of service in the posts outside the regular line which carry lesser scales of pay have therefore become ineligible for regulation of increment on repatriation to Secretariat with reference to the provisions in Fundamental Rule 26 ©. Thus an anomaly had crept in the regulation of pay of Assistant Section Officers and Section Officers on their reversion to Secretariat on account of the introduction of the Revised scale of pay Rules, 1989.
4. The Government after careful examination have decided to rectify the anomaly referred to in para 3 above. I am, therefore, directed to request you to examine the cases of such Assistant Section Officers and Section officers and to relax the provisions of Rule 26© of Fundamental Rules in their favour who were appointed on transfer of service to posts outside the regular line which carried identical/higher scale before 1.6.88 who had to draw lesser scale of pay than that of the posts outside the regular line after 1.6.88 and who got reverted to Secretariat immediately after the upward revision of scales of pay for the purpose of regulation of increment in the regular line. These orders will not apply to Government Employees who continue in another service outside the regular line even after the revision of scales of pay in the regular line with effect from 1.6.1988.
Yours faithfully,
Sd/xxxxx
For Secretary to Government.
Copy to :
The President,
Tamil Nadu Secretariat Association,
Madras.9.
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