The Indian Administrative Service
(Pay) Rules, 1954— Rules
1.
Short
Title
2 Definitions
3 Time-Scales of
Pay
4 Fixation of
initial pay in the time-scales
5 Regulation
of increments
5A Stagnation Increments
6 Withholding
of increments
7 Grant of
advance increments
8 Pay of
officers holding posts enumerated in Schedule III
8A Pay of members of
Indian Frontier Administrative Service
9 Pay of members of the’ Service appointed to
posts not included in
Schedule III
10 Power to exempt
1OA Fixation
of pay and increments of officers appointed to the Service under the I.A.S.
(Special Recruitment) Regulations, 1966
1OF
Authority to exercise powers under Rules
6, 7 & 9 in relation to a joint cadre
12 Interpretation
13 Repeal and
Saving
Government of India’s Decisions
Under Rule 4
Government of India’s Decisions under Rule 5
Government of India’s Decisions under Rule 6
Government of India’s Decisions under Rule 7
Government of India’s
Decisions under Rule 9
THE INDIAN ADMINISTRATIVE SERVICES (PAY) RULES, 1954
In exercise of the powers conferred by sub-section (1) of
section 3 of the All India Services Act, 1951 (61 of
1951), the Central Government after consultation with the Governments of the
States concerned hereby makes the following rules namely:—
1. Short
title.—These rules
may be called the Indian Administrative Service
(Pay) Rules, 1954.
2. Definitions—In these rules unless the context
otherwise requires— 2(a) ‘cadre’ and ‘cadre post’ shall have the meanings
respectively assigned to them in the Indian Administrative Service (Cadre)
Rules, 1954;
2(b) ‘departmental examination’ means such examination as may be
prescribed by the State Government from time to time for members of the Service
allotted to the cadre of the State or posted to that State for training;
2(c) ‘direct ‘recruit means a person appointed to the Indian
Administrartive Service in accordance with rule 7 of the Indian Administrative
Service (Recruitment) Rules, 1954;
12(cc) Indian Civil Service member of the Indian Administrative Service’
means a person who was initially appointed to the Civil Service of the Crown in
India known as the Indian Civil Service and who subsequently became a member of
the Indiati Administrative Service;
2(d) ‘member of the Service’ means a member of the Indian Administrative
Service;
2(e) ‘promoted officer’ means an officer. appointed to the Indian
Administrative Service by promotion from a- State Civil Service in-accordance
with sub-rule (1) of rule of the Indian Adminisrative Service (Recruitment)
Rules, 1954;
2(f) ‘Schedule’ means a Schedule
appended to these rules;
2(g) ‘State’ means 2(a State specified in the First Schedule
to the Constitution and include a Union Territory);
2(h) ‘State Cadre’ and ‘Joint Cadre’ have the meanings respectively
assigned to them in the Indian Administrative Service (Cadre) Rules, 1954;
2(i) ‘State Civil Service’ shall have the meaning assigned to it in the
Indian Administrative Service (Recuritment) Rules, 1954;
32(j) ‘State Government concerned’ in relation to a Joint Cadre means the
Joint Cadre Authority.
43. Time-scales of Pay.— 3(1) The scales of pay admissible to a Member of the Service and
the dates with effect from which the said scales shall be deemed to have come
into force, shall be as follows:— Junior Scale-Rs. 2200-75-2800-EB-100-4000
with effect from the 1st day of January, 1986.
Senior Scale
(i) Time Scale-Rs.3200-100-3700,-125-4700 witheffect from the 1st day of
January,1986.
(ii)Junior Administrative
Grade-Rs. 3950-125-4700-150-5000(non-functional) with effect from the
1st day of January, 1986.
Provided that a member of the Service shall be appointed to the
senior time scale on his completing 4 years of service, subject to the
provisions of Sub-rule 2 of Rule 6A of the Indian Administrative Service
(Recruitment)Rules, 1954 and to the Junior Administrative Grade on
complcting 9 years of service.
Note:—The four years and nine years of service in this rule
shall be calculated from the year of allotment assigned to him under Regulation
3 of the Indian Administrative Service (Regulation of Seniority) Rule, 1954
1Inserted
vide D.P. & AR. Notification No. 31/7/72-AIS(II) dated 22-5-73.
2Substituted
with effect from 1-11-1956 (vide MHA Notification Nos. 1321./56-AIS(l11) dated
the 28th February, 1958) and further amended with effect from the 4th
September, 1958 (vide MHA
Nctification No.
5i25t58.AIS(1I)-I, dated the 8-7-1959).
3lnserted
vide D.P. Notification No. 1Y471-A1S(1) dated 11-1-72.
4Substituted
w.e.f. 1-1-86 vide D.P. & T. Notification No. 11030’7i87-AIS(1I) dated
13.3.87.
(iii) Selection Grade:—Rs. 4800-150-5700 with effect from
the 1st day of January,1986
Supertime scale:—Rs. 5900-200-6700 with effect from the 1st
day of January,1986.
Above supertime scale:—(i)Rs.7300-100-7600; (ii)Rs.8000
(Fixed)with effect from the 1st day of January.1986.
Provided that a member of Service may elect to continue to
draw pay in the existing scale until the date on which he earns his next or any
subsequent increment in the existing scale or until he vacates his post or
ceases to draw pay in that scale. The option shall be exercised in accordance
with- such orders as may be issued by the Central Government in this behalf.
Explanation 1: The option to retain the existing scale under
the proviso to this rule shall be admissible only in respect of one existing
scale.
Explanation 2: The aforesaid option shall not be admissible
to any person appointed to the service on or after the 1st day of January, 1986
and he shall be allowed pay only in the revised scale.
Explanation 3: Where .a member of the Service exercises an
option under the proviso to this rule to retain the existing scale in respect
of a post held by him in an officiating capacity on a regular basis for the
purpose, of regulation of pay in that scale, his substantive pay shall be the
substanftve pay which he would have drawn had he retained the existing scale in
the Permanent post on which he holds a lien or would have held a lien had his
lien not been suspended or the pay of the officiating post which has acquired
rthe character of substantive pay in accordance with any order’ for the time
being in force whichever is higher.
3(2)(i) A member of the service shall be entitled to draw
pay in the selection grade only on appointment to that grade.
53(2)(ii) The pay of a member of
the Service in the Junior Administrative Grade shall, on appointment to
the Selection Grade, be fixed7ja) at the stage which is equal to his pay in the
Junior Administrative Grade or if there is no such stage, the stage next above
that pay or (b) the minimum of the Selection Grade, whichever is higher.
53(2)(iii) The next increment in
the Selection Grade would accrue after rendering the requisite qualifying
service in that grade. Where, however, pay has been fxed at the same stage of
the Junior Administrative Grade, the -incremènt will become admissible on the
date it would have become due in that grade but for his appointment to the
Selection Grade.
Provided that all leave, except extra-ordinary leave taken
otherwise than on medical certificate; shall count for increment in the
Selection Grade.
Provided also that the Central Government may, in ease in
which it is satisfied that the extra-ordinary leave was taken for any cause
beyond the cntrol of tFe men~ber of the Service or for prosecuting higher
Sdentific or Technical Studies, direct that such extraclrdinary leave shall be
counted for increment under this sub-rule.
63(2A) Appointment to the
Selection Grade and to posts carrying jay above the time .scale of
pay in the Indian Administrive Service shall be made by selection on merit,
with due regard to seniority;
7Provided that no member of the
Service shall be eligible for appointment to the Selection Grade unless he has
entered the fourteenth year of Service calculated from the year of allotment
assigned to him under rule 3 of the Indian Administrative Service (Regulation
of Seniority) Rules, 1954, oy under regulation 3 of the Indian Administrative
Service (Seniority of Special Recruits) Regulations, 1960, as the case may be.
3(3). The initial pay of a member of the service who elects
or deemed to have elected, in accordance with these rules, to be governed by
the revised scale on and from the 1st day of January, 1986 or from a later date
shall be re-fixed as from that date separately in respect of the pay drawn in a
substantive or officiatiug capacity in Ihe following manner
3(3) (i) An amount representing
20% of the basic pay in the existing scale subject to a minimum of Rs. 75/ shall be added to the “existing emoluments” of the member of
the service.
5Sustituted
vide DP & T Notification No. 20011/L-89-AIS(1I) dated 10-11.89.
6lnserted
vide MHA Notification No. 1/46’67-AIS(H)-A dated 21.11-68.
7lnserted
vide DP & T Notification No. 28/7/74-AIS(11)(B) dated 15-11-74.
3(3) (ii) After the existing emoluments have been so increased the pay shall
thereafter be fixed in the revised scale at the stage next above the amount
thus computed:
Provided that if the amount so computed is less than the
minimum of the revised scale, the pay shall be fixed at the minimum of that
scale
Provided further that if the amount so computed is more than
the maximum of the revised scale, the pay shall be fixed at the maximum of that
scale.
Explanation: For the purpose of this sub-rule “existing emoluments” shall
include
(a)
the
basic pay in the existing scale;
(b)
the
dearness pay, additional dearness allowance and adhoc dearness allowance
appropriate to the basic pay admissible
at index average 608 (1960-100); and
(c)
the amounts of first and second installments
of interim relief admissible on the basic pay in the existing scale.
3(3)(iii)In the case of members of service who are in
receipt of special pay in addition to pay in the existing scales and in whose
case special pay continues with the revised scale of pay either at the same
rate or at a different rate, the pay in the revised scale shall be fixed in
accordance with the provisions of this sub-rule with reference to existing
emoluments calculated in accordance with the Explanation thereto, after
excluding the existing special pay and the amounts admissible thereon with
reference to dearness pay, additional dearness allowance and ad hoc dearness
allowance, and in such cases special pay at the new rate shall be drawn in
addition to the pay so fixed in the revised scale.
Note 1: Where a member of the Service is holding a permanent post and is
officiating in a higher post on a regular basis and the scales applicable to those
two posts are merged into one scale, the pay shall be fixed under this sub-rule
with reference to the officiating post only, and the pay so fixed shall be
treated as substantive pay.
Note 2: Where
the existing emoluments as calculated in accordance with this sub-rule exceed
the revised emoluments in the case of any member of the service, the difference
shall be allowed as personal pay to be absorbed in future increases in pay.
Note 3: Where in a fixation of pay under this sub-rule, the pay of members of
the service drawing pay at more than five consecutive stages in an existing
scale gets bunched, that is ,to say, gets fixed in the revised scale at the
same stage, the pay in the revised scale of such of the members of the service
who are drawing pay beyond the first five consecutive stages in the existing
scale shall be stepped up to the stage where such bunching occurs, as under, by
the grant of increment(s) in the revised scale in the following manner,
namely:—
(a) for member of Service drawing pay from the 6th upto the 10th stage
in the existing scale—By one increment;
(b) for member of Service drawing pay from the 11th upto 15th stage in
the existing scale if there is bunching beyond the 10th stage—By two
increments;
(c)for members of Service drawing
pay from the 16th upto 20th stage in the existing scale, if there is bunching
beyond the 15th stage—By three increments.
If by stepping up of the pay as above, the pay of a member
of the Service gets fixed at a stage in the revised scale which is higher than
the ‘stage in the revised scale at which the pay of the member of the service
who was dr4wing pay at the next higher stage or stages in the same existing
scale is fixed, the pay of the latter shall be stepped up only to the
extent by which it falls short of that of the former.
Note 4: Where
in the fixation of pay under this sub-rule the pay of a member of Service who,
in the existing scale was drawing immediately before the 1st day of January,
1986 more pay than another member of the service junior to him in the same
cadre, gets fixed in the revised scale at a stage. lower than that of such
junior, his pay shall be stepped upto the ‘same stage in the revised scale as
that of the junior.
Note 5: Where a member of the Service is in receipt of personal pay on the
1st day of January, 1986, which together with his existing emoluments as
calculated in accordance with this sub-rule exceeds the
Note 6: In
cases, where a senior member of the Service promoted to a higher post before
the 1st day of January, 1986 draws less pay in the revised scale than his
junior who is promoted to the higher post on or after the 1st day of January,
1986, the pay of the senior member of the Service should be stepped up to an
amount equal to the pay as fixed for his junior in that higher post. The
stepping up should be done with effect from the date of promotion of the junior
member of the Service subject to the fulfillment of the ‘following conditions,
namely
(a) both the junior and the senior
member of the Service should belong to the same cadre and the posts in which
they have been promoted should be identical in the same cadre;
(b) the pre-revised and revised scales of pay
of the lower and higher posts in which
they are entitled to draw pay should be identical; and
(c) the anomaly should be directly
as a result of the application of the provisions of this sub-rule. If even in
the lowest post, the junior officer was drawing more pay in the pre-revised
scale than the senior by virtue of any advance increments granted to him,
provisions of this Note need not be invoked to step up the pay of the senior
officer.
4. Fixation of initial pay in the time scales.—
4(1) The initial pay of a direct recruit shall be fixed at
the minimum of the junior time- scale.
8Providcd that, if a direct recruit
holds a lien, or would hold the lien, had his lien not been suspended, on a
permanent post, under the rules applicable to him prior to his appointment to
the Indian Administrative Service 4(1)(a) his initial pay shall be regulated as
follows:
(i)
he
shall, during the period of probation, draw the pay of the permanent post, if
it is more than the minimum of the junior scale;
(ii) on confirmation in the Indian
administrative Service,
(1) if he was holding a
Class I post before appointment to the Indian Administrative Service, his pay
shall be fixed at the same stage as the pay in the Class I post if there be
such a. stage in the junior scale admissible to a member of the Service, or at.
the next lower stage, if there is no such stage in the junior scale admissible
to a member of the Service. Where the pay so fixed in the Indian Administrative
Service is less than his pay in the Class I post, he shall be allowed the
difference as personal pay to be absorbed in future increments; and
(2) if he was holding a
post lower than a Class I post, his pay shall be fixed at stage next above the
pay notionally arrived at by increasing his pay in respect of the lower post by
one increment at the stage at which such pay had accrued;
4(1)(b)
he shall however, cease to earn any increments in the junior scale, until,
having regard to his length of service, he becomes entitled to a higher pay,
Provided further that he shall draw the pay
admissible under rule 7 if that is more than the pay referred to in the
Preceding proviso.
94(1A)
The initial pay of a member of the Service appointed in accordance with rule 7A
of the Indian Administrative Service (Recruitment) Rules, 1954. shall be fixed
in the junior time-scale at the stage which he would have reached on the date
of his appointment to the Indian Administrative service, if he had been
appointed in that scale on that date in the year of allotment.
4(2)
The pay of a member of the Service in the junior scale shall, on appointment to
a post on the senior time scale, be fixed at the stage next above the pay
nationality arrived at by increasing his pay in the lower scale by one
increment at the stage at which such pay accrued (or .by an amount equal to the
last increment in the lower scale if he was drawing pay at the maximum of the
lower scale) or the minimum of the higher scale whichever is higher.
4(3) The initial pay of a promoted officer who prior to the
date of his appointment to the Indian Administrative Service had not held a
cadre post in an officiating capacity shall he fixed in accordance with the
principles laid down in Section I of Schedule II.
8Insered
vide DP & T Notification No. 1167/70-AIS(II)—A, dated 10-4-73.
9Inscrted
vide MHA
Notification No. t/48/66-AIS(II)-B, dated 28.9.68
10Substituted
vide DP & T Notification No. 110307,S7-AIS(lI) dated 13-3-87.
4(4)
The initial pay of a promoted officer who on the date of his appointment to the
Indian Administrative Service had held or is holding continuously a cadre post in
an officiating capacity shall be fixed in accordance with the principles laid
down in Section II of Schedule II.
tt(Explanation)
4(5)
The initial pay
of an officer of State Civil Service who has been appointed to hold a cadre
post in an officiating capacity in accordance with rule 9 of the Indian
Administrative Service. (Cadre) Rules, 1954, shall be fixed in the manner
specified in Section III of Schedule II.
4(6)
The initial pay of an officer not belonging to a State Service on appointment
to the Indian Administrative Service under sub-rule (2) of rule 8 of the Indian
Administrative Service (Recruitment) Rules, 1954, shall be fixed by the Central
Government in consultation with the State Government concerned.
Provided that in no case shall such an officer
be granted higher rate of pay in the senior scale of the service than that
admissible to a direct recruit of the same length of recognised service.
Explanation.—The
term ‘recognised service in relation to an officer recruited to the Indian
Administrative Service under sub-rule (2) of rule 8 of the Indian
Administrative Service (Recruitment) Rules, 1954, means his employment in a
gazetted post after attaining the age of twenty-five years in Government
Service.
124(6A)
The initial pay of a person, who is not a member of the Service and who is also
not a member of a State Civil Service, shall, on appointment to a cadre post in
an officiating capacity in accordance with rule 9 of the Indian Administrative
Service (Cadre) Rules, 1954, be fixed ad hoc by the Central Government in
consultation with the State Government concerned.
134(6B) The pay of a member of the
Service in the senior time scale shall, on appointment to the Junior
Administrative Grade, be fixed (a) at the stage which is equal to his pay in the Senior Time Scale or if there is no such
stage, the stage next above that pay or (b) the minimum of the Junior
Administrative Grade, whichever is higher. . The
next increment in the Junior Administrative Grade would accrue after rendering
the requisite qualifying service in the grade.
Where,
however, pay is fixed at the same stage of the Senior scale, increment will
become admissible on the date it would have become due in the Senior Scale but
for appointment to Junior Administrative Grade.
Provided that all leave, except extraordinary
leave, taken otherwise than on medical certificate, shall count for increment
in the Junior Administrative Grade.
Provided also that the Central Government may, in a case in
which it is satisfied that the extraordinary leave was taken for any cause
beyond the control of the member of the service or for prosecuting higher
scientific or Technical studies, direct that such extraordinary leave be
counted for increment under this sub-rule.
144(6C) The pay of a member of the
Service in the Selection Grade shall, on appointment to the Super-time Scale be
fixed in the same manner as in sub-rule (2) above.
5(1)
Subject to any orders passed by the State Government concerned under rules 6
and 7, the increment admissible to a member of the service in the junior or
senior time scale shall— 5(1)(i) in the case of a member appointed under
rule 715 or rule 7A of the Indian
Administrative Service (Recruitment) Rules, 1954, accrue on the expiry of each
year from the date of his appointment to the service; and
16Provided
that increments falling due after the 1st November 1973, shall accrue on the
first day of the month in which they would have accrued;
5(1)(ii) in the case of an officer
appointed under rule 8 of the Indian Administrative Service (Recruitment)
Rules, 1954, on completion of one year s service from the date of his
appointment to the 17lndian Administrative Service or on completion
of one year’s service from the date of his pay has been fixed in accordance
with the provisions of Section I or Section II of schedule II, as the case may
be.
16Provided that increments falling due after the 1st November, 1973,
shall accrue on the first day of the month in which they would have accrued:
11Omitted
vide MHA Notification No. 14/39/65-AIS III Dated 20.3.68.
12Inserted
vide DP & T Notification No. 113&/70-AIS(II)-A dated 14-12-71.
13Substttu.ted
Vide DP & T Notification No. 2001J/1/89-AIS(II) dated 10-11-89.
15inserted vide DP & T
Notification No. 1 1030/7/87-AIS(II), dated 13-3-87.
15lnserted vide MHA
Notification No. 1148/66-AIS(1J), dated. 28-9-68.
16Substituted
we.f. 1-1-73 vide DP & AR Notification No. 28/7/74-AIS (II)-A dated
15-1 1-74.
17tnserted
and substituted ‘Vde DP & T Notification No 1 1030/15/75-AIS(II),
dated 5-6-76.
Provided
further that—18 for the purpose of calculating one year’s service
for drawl of increment in the senior time scale of the Indian Administrative
Service by a promoted officer, broken periods of service rendered in any cadre
post in accordance with rule 9 of the IAS (Cadre) Rules. 1954 shall be taken
into account. In the case of a war service candidate appointed in the month of
November or December of any year to a vacancy reserved for a war service
candidate in the Indian Administrative Service, the date of appointment for the
purpose of these rules shall be deemed to be the first day of November of that
year.
5(1)(iii) In the case of all other members
of the Service appointed to the Indian Administrative Service at any time
before the commencement of these rules, their increment shall be regulated in
accordance with the orders in force immediate before the date of such
comincement.
11[Explanation]
195(2) In the case of a member of
the Service recruited under Rule 7 of the Indian Administrative Service
(Recruitment) Rules, 1954, increment in the junior scale and senior time scale
and Junior Administrative Grade shall accrue on completion of one year’s
service in the junior scale, senior time scale or the junior Administrative
Grade, as the case may be, subject to the provision of sub-rule (3A).
5(3)
The increments in
respect of any other member of the Service recruited under rule 8 of the Indian
Administrative Service (Recruitment) Rules, 1954, shall be regulated with
reference to the stage at which the initial pay in the senior time scale has
been fixed.
195(3A)
The next increment of a member of the Service whose pay has been fixed under
sub-rule (3) of rule 3 shall accrue to him on the date on which it would have
accrued to him in the scale of pay applicable to him immediately before the 1st
day of January, 1986.
Provided that in cases where the pay of a
member of the Service is stepped up under sub-rule (3) of rule 3 the next
increment shall be granted on the completion of qualifying service of twelve
months from the date of the stepping up of the pay in the revised scale.
Provided further that in cases other than
those covered by the preceding proviso, the next increment of a member of the
Service whose pay is fixed on the 1st day of January, 1986 at the same stage as
the one fixed for another member of the Service junior to him in the same cadre
and drawing pay at a lower stage than him in the existing scale, shall be
granted on the same date as admissible to his junior, if the date of increment
of the junior happens to be earlier.
Provided also that in the case of persons who
had been drawing maximum of the existing scale for more than a year as on the
1st day of January, 1986, next increment in the revised scale shall be allowed
on the 1st day of January, 1986.
Note
1: Wherever the pay has been fixed in terms of the above provisos the
efficiency bar will become operative only with reference to such bars in the
revised scale, irrespective of whether a member of the service had crossed or
not crossed or had been held up at the efficiency bar in the existing scale.
Note
2: Where by the grant of additional increments in terms of tile third proviso
in the revised scale applicable to the substantive post, the substantive pay of
a member of the service exceeds his officiating pay at any time the member of
the service may be allowed, in addition to officiating pay; the difference
between the officiating pay and substantive pay as personal pay to be absorbed
in future increments for the periods during which the substantive pay exceeds
officiating pay.
5(4)
Increments
admissible to a member of the Service to whom the time scales of pay specified
in rule 3 do not apply shall be regulated in accordance with the appropriate
orders in force immediately before the commencement of these rules.
5(5)
(a) The
increments admissible to a member of the Service in the scale of pay other than
the time-scale of pay specified in rule 3 shall be regulated with reference to
the length of his service in that scale of pay, previous service, if any shall
count for increment, if it is:—
(i)
Service in a cadre post; or
(ii)
Service in a permanent or temporary post (including a post in a body
incorporated or not, which is wholly or substantially owned or controlled by
the Government) in the said scale or higher scale of pay:— Provided that
Service in a post outside the cadre including service in a pose under the
Central Government, shall count for increment on reversion to the cadre,
subject to the following conditions, namely:—
(a) The member of the Service should have been
approved by the Government of the State on the cadre of which he is borne; for
appointment to posts in the said scale;
(b) all his seniors in the cadre, except those
18lnserted and substituted vide DP
Notification No. 20018’4/15-AIS 111-A dated 25-1.78.
19Substituted
w.e.f. 1.1.86 vide DP & T Notification No. 11031Y7/87.AIS(I1) dated 13.387 regarded as unfit for such
appointment, were serving in posts carrying pay in the said scale in which
benefit is to be allowed or in higher posts, and at least one junior was
holding a cadre post under the Government of the State on the cadre of which he
is borne, carrying pay in the said scale;
(c) the service shall count
from the date on which his junior is promoted and the benefit shall be limited
to the period during which he would have held a post under the Government of
the State on the cadre of which he is borne, had he not been appointed to a post
outside the cadre.
Note: The pay of a member of the service under this
proviso shall be regulated with reference to the pay drawn by his junior
holding a cadre post in the said scale without the condition of ‘one for one’
being satisfied.
5(5)
(b) when a member
of the Service, while holding post outside the cadre, including a post under
the central Government, has been granted
proforma promotion to a post in the scale of pay above the time scale of pay
specified in rule 3 by the Government of the State on the cadre of which he is
borne, the period of service covered by the proforma promotion shall, on his
subsequent reversion to the cadre and appointment to a post in the said scale,
count towards the initial fixation of pay and increments; subject to the following
conditions namely:—
(i) the member of the
service concerned should have been approved by the State Government for
appointment to the said scale during the relevant period;
(ii) all his seniors
(excluding those considered unfit) should have started drawing pay in that
scale on or before the date from which the proforma promotion is granted to
him;
(iii) the junior next below
the officer (or, if that officer has been passed over the reason of
inefficiency or unsuitability or because he is on leave or serving outside the
ordinary line or forgoes promotion on his own volition to that grade the
officer next junior to him not so passed over) should also have started drawing
pay in that scale from that date and his appointment thereto not being fortuitous;
and
(iv) the benefit should be
allowed on ‘one for one’ basis.
5(5)
(c) When a member
of the Service holds an ex-cadre post in a time scale of pay identical with the
time scale of pay of an ex-cadre post held by him on an earlier occasion, his
initial pay in the latter ex-cadre post shall not be less than the pay which he
drew on the previous occasion and he shall count the period during which he
drew that pay on such last and on any previous occasion for increment in the
stage of the scale equivalent to that pay. The service so rendered shall, on
his reversion to the cadre, count towards initial fixation of pay to the extent
and subject to the conditions stipulated in clause (a).
5(5)
(d) All leave
except extra ordinary leave taken otherwise than on medical certificate and the
period of deputation out of India shall count for increment in the scale of pay
above the time scale of pay applicable to a post held by a member of the
Service at the time he proceeded on leave or deputation out of India, and would
have continued to hold that post but for his proceeding on leave or deputation
out of India:—
Provided
that the Central Government may, in any case in which it is satisfied that the
extraordinary leave was taken by a member of the Service for any cause beyond
the control of such member or for prosecuting higher scientific and technical
studies, direct that such extraordinary leave shall be counted for increments
under this clause.
5(5)
(e) The following note shall be inserted with effect from the 1st November,
1973, namely:— Note.—Increments
falling due after the 1st November, 1973 shall accrue on the first day of the
month in which they would have accrued.
5A. Stagnation Increments.— A member of the service drawing pay in the junior
scale/senior scale junior Administrative grade/selection grade/super-time scale
shall be eligible for one increment for every two years of service rendered
after reaching the maximum of that scale, subject to a maximum of three
increments.
Note: The stagnation increments, shall be in the
nature of personal pay and shall not be taken into account for the purpose of fixation of pay on promotion to higher post or
for applying to ceiling on pay plus special pay, under these rules.
20(1) The
State Government may withhold for such
time as it may direct an increment due the any direct recruit or to any
Non-State Civil Service officer appointed to the Indian Administrative Service,
who has failed to pass the departmental examination or examinations within such
time as the State Government may by general or special order, prescribe, but
the withholding of such increments shall have no cumulative effect.
6(2) Where an efficiency bar has been prescribed in the
time-scale of pay, the increment next above the bar shall not be given to a
member of the Service without the specific sanction of the authority competent
to withhold increments:
20Substituted
vide MHA Notification No. 1195/68.AIS(II), dated 28-3-69.
Provided that he application of the efficiency bar in the
junior time scale shall not affect the pay of a member of tile Service in the
senior time-scale of pay, wherein his pay shall be regulated according to his
length of service.
217 Grant of Advance increments.—Notwithstanding anything
contained in rule 13 of the Indian Administrative Service (Probation) Rules, 1954,
the State Government shall sanction the second and third increments due to
a direct recruit or to any officer recruited in accordance with rule 7A of the
Indian Administrative Service (Recruitment) Rules, 1954, as soon as he passes
the prescribed departmental examination or examination irrespective of his
length of service, after which he shall be entitled to draw pay at the rate
corresponding to his position in the time scale:
Provided that the third increment under this
rule shall be granted retrospectively from the date of passing the prescribed
departmental examination, or the last of the prescribed departmental
examinations, as the case may be, on the successful completion of the probation
and confirmation:
Provided further that a direct recruit or any
officer recruited in accordance with rule 7A of the Indian Administrative
Service (Recruitment) Rules, 1954, who has been exempted from appearing for the
whole or any part of the departmental examination or examinations, for the
reason that he had already passed such a examination or examinations or part
thereof before he became a member of the Service, shall for the purpose of this
rule, be deemed to have passed the departmental examination or examinations or
part thereof, as the case may be, from the date of the earliest of such
examination, examinations or part thereof, in which he would have appeared, but
for the exemption, after he became a member of the Service.
8. Pay
of officers holding posts enumerated in Schedule III.—Any member of the Service
appointed to hold a post specified in Schedule III shall for so long as he
holds that post, be entitled to draw the pay indicated for the post in the said
Schedule:
Provided that no member of the Service shall
at any time draw pay less than that which he is entitled to draw under rule 4
and rule 5.
22[Proviso deleted.]
238-A. Pay of members of the Indian Frontier Administrative
service appointed to hold posts
enumerated in Schedule III,—Notwithstanding anything contained in these rules, a member of
the Indian Frontier Administrative Service recruited to that Service prior to
the 1st January, 1968 and appointed to hold a post specified. in schedule III
shall, for so long as he holds that post, be entitled to draw the pay indicated
for that post in the said Schedule.
9. Pay of members of the Service appointed to posts not
Included in schedule III—9.(1) No member of the Service shall be appointed to a post other
than a post specified in Schedule III, unless the State Government concerned in
respect of posts under its control, or the Central Govt. in respect of posts
under its control as the case may be, make a declaration that the said post is
equivalent’ in status and responsibility to a post specified in the said
schedule.
9(2)
The pay of a member of the Service on appointment to a post other than a post
specified in Schedule III shall be the same as he would have been entitled to,
had he been appointed in the post to which the said post is declared
equivalent.
9(3)
For the purpose of
this rule ‘post other than a post specified in schedule .111’ includes a post
under a body (incorporated or not which is wholly or substantially owned or
controlled by the Government).
249(4) Notwithstanding
anything contained in this rule, the State Government concerned in respect of
any posts under its control, or the Central Government in respect of any posts
under its control, may, for sufficient reasons to be recorded in writing, where
equation is not possible, appoint any member of the Service to any such post without
making-a declaration that the said post is equivalent in status and
responsibility to a post specified in Schedule III.
259(5) A
member of the Service on appointment to a post referred to in sub-rule (4), in
respect of which no pay or scale has been prescribed, shall draw such rate of
pay as the State Government, in consultation with the Central Government in the
case of a post under the control of the State Government or as the Central
Government in the case of a post under the control of the Central Government
may, after taking into account the nature of duties and responsibilities
involved in the post4 determine.
2tSubstituted
w.e.f.1-1-1973 vide D. P. & A. R. Notification No.
11030/25/76-AIS(ll), dated 17-7-1979.
22Second
proviso omitted vide DP & AR Notification No. 31/7/72-AIS(II), dated
22-5-73.
23Inserted
vide DP & AR Notification No. 11030/9/77-AIS(Il), dated 19-7-77.
24Amended
or added by MHA Notification No. 1i99/58-AIS(lI), dated the 25-7.1959.
25Added
vide MHA Notification No. 1/63/59-AIS(1I), dated the 22-6-1960.
9(6)
A member of the Service on appointment to a post referred to in sub-rule (4),
in respect of which any pay or scale of pay has been prescribed, shall draw where the
pay has been prescribed, the prescribed
pay and where scale of pay has been prescribed, such rate of pay not exceeding
the maximum of the scale as may be fixed in
this behalf by the State Government or as the case may he, by the Central Government:
Provided
that the pay allowed to an officer under this sub-rule and sub-rule (5) shall
not at any time be less than what he would have drawn had he not been appointed
to a post referred to in sub-rule (4).
9(7)
At no time the number of members of the Service appointed to hold posts, other
than cadre posts referred to in sub-rule (1) and sub-rule (4), a of Rs.8,000 per month and
which are reckoned against the State Deputation Reserve, shall except with the
prior approval of the Central Government exceed the number of cadre posts at
that level-of pay in a State cadre or, as the case may be, in a joint cadre.
9-A.
Pay of Indian Civil Service members of the Indian Administrative Service.- An
Indian Civil Service member of the Indian Administrative Service, holding a
post specified in schedule IV, or a post declared by the Central Government to
be equivalent to such a post, shall, for so long as he holds that post, be
entitled to draw pay as indicated against the post in the said Schedule;
279B.
Pay of members of the Service appointed to hold more than one post.—The grant
of additional pay to a member of the Service appointed to hold more than one
post simultaneously shall be regulated:—
(a) in the ease of a member of the service serving
in connection with the affairs of the Union, by the rules, regulations and
orders applicable to officers of the Central service, Class I;
(b) in the case of a member of the service serving
in connection with the affairs of a State by time rules, regulations and orders
applicable to officers of State Civil services. Class I.
289C.Regulation
of Pay of members of service appointed to hold posts under the Central
Government carrying the scale of pay of Rs. 4500-150-5700—Notwithstanding
anything contained in rules 8 and 9, a member of the Service appointed to hold
a post under the Central Government, in the scale of pay of Rs. 4500-150-5700,
shall draw his grade pay plus Central (Deputation
on Tenure) Allowance at the rate of 15% of grade pay subject to a ceiling of
Rs.500/- per month and subject also to the condition that pay plus Central (Deputation
on Tenure) Allowance shall not exceed Rs.6150A
Note:—The Central (Deputation on Tenure) Allowance specified
in this Rule shall he admissible to a member of the Service only during the
normal tenure of deputation as prescribed by the Central Government from time
to time.
10.
Power
to exempt.—The Central Government may, with
the concurrence of the State Government concerned, exempt any officer of a
State Civil Service included in List II or List III prepared by the Special
Recruitment Board under the Indian Administrative Service (Extension to States)
Scheme and appointed to Indian Administrative Service, from all or any of the
provisions of these rules.
2910A. Fixation of pay and increment of officers appointed to the service
under the Indian Administrative’ Service (Special Recruitment) Regulations,
1966.—Notwithstanding
anything contained ‘in these rules, the pay and increments of officers
appointed to the Service in accordance with the regulations framed under
sub-rule (3) of rule 4 of the Indian Administrative Service (Recruitment)
Rules, 1954, will be governed by such
regulations, as the Central Government may from time to time, make in
consultation with the State Governments.
3010-B.
Fixation of pay and scales of pay of
officers appointed to the Indian Administrative Service on Its initial
constitution in the State of Jammu and Kashmir.—Notwithstanding anything
contained in these rules, in relation to the State of Jammu & Kashmir, the
pay of officers appointed to the Indian Administrative Service at the time of
the initial constitution of the State Cadre, shall be fixed in the junior or
senior scales of pay in accordance with such principles as the Central
Government may, in consultation with the State Government, determine.
3110-C.
Fixation of pay and scales of pay of
officers appointed to the Indian Administrative Service on initial constitution
of Joint Cadre for Union Territories.—Notwithstanding anything contained in these rules, in
relation to the Union Territories, the pay of officers appointed to the Indian
Administrative Service at the time of the initial constitution of the Joint
cadre shall be fixed in accordance with such principles as the Central
Government may determine.
26Added
videDP&T Not. No. 11030/t/~9-AIS (II), dt. 3.2.89.
27Added
vide DP Notification No. 11030/2/75-AIS(II)-A dated 3-10-75.
28Subsdtuted
vide DP &T Not. No. 11030/449-AIS(11)-A, dm13.89.
29Mroducect.
w.e.t. 20th December,
1956 vide MHA Notification No. 1Y4L57-AIS(II), dated 13-1-1958.
30lntroduced
w.e.f. the 4th September, 1958 vide MHA
Notification No. 5125/58-AIS(II)(2), dated the 8-7-1959.
3tSubstituted
w.e.f. 1-1-68 vide MHA Notification
No. 13/3/67.AIS(I)(3), dated 29.12.67.
3210D. Fixation of pay and scales of pay of
officers appointed to the Indian Administrative Service on Its Initial
constitution in the State of Nagaland.—Notwithstanding anything contained in these rules, in
relation to the State of Nagaland, the pay of officers appointed to the Indian
Administrative Service at the time of the initial constitution of the State
Cadre shall be fixed in the junior or senior scales of pay in accordance with
such principles as the Central Government may, in consultation with the State
Government determine.
3310-E.
Fixation of pay and scales of pay of
officers appointed to the Service on the initial constitution in the State of
Sikkim.—Notwithstanding
anything contained in these rules in relation to the State of Sikkim, the pay
of officers appointed to the Service at the time of the initial constitution of
the State shall be fixed in the junior or senior scales of pay in accordance
with such principles as the Central Government may, in consultation with the
State Government determine.
10-F. Authority
of
exercise powers under rules 6, 7 and 9 In relation to a Joint cadre.—The powers under rules 6 and 7,
in the case of a member of the Service borne on a Joint Cadre, shall be
exercised by the Joint Cadre Authority. The powers under rule 9 in relation to
the members of the Service and in relation to posts, borne on a Joint Cadre
shall be exercised by the Government of the Constituent State concerned.
11.
Amendment of Schedule.—the Central Government may, after consultation with the
State Government, amend Schedule III.
12 Interpretation.—If any question arises as to the interpretation of these
rules, the Central Government shall decide the same.
13.
Repeal
and saving.—Any rules corresponding to these
rules and in force immediately before the commencement of these rules are
hereby repealed:
Provided
that any order made or action taken under the rules so repealed shall be deemed
to have been made or taken under the corresponding provisions of these rules.
36SCHEDULE I
Deleted
SCHEDULE II
(See rules 4 and 5)
Principles of Pay Fixation of
Promoted Officers on Appointment to the Indian Administrative Service and of
Members of the State Civil Service Appointed to officiate In cadre posts
In
this Schedule unless the context otherwise requires, the term—
37(i)
‘actual pay’ means the pay whether in the lower scale or in the higher scale,
to which a member of the State Civil Service is entitled by virtue of his
substantive position in the cadre of that service, and if the State Government
have not revised the scales of pay applicable to the State Civil Service as on
the 1st day of January, 1986 thereafter actual pay includes dearness allowance,
dearness pay, interim or additional relief admissible on such pay at the rates
in force as on the first day of January, 1986.38
(ii)
‘assumed pay’ means the pay which a member of the State Civil Service,
officiating or confirmed in a higher scale Would have, drawn in the lower scale
(which does not include higher scale) of his service had he not been
officiating or confirmed in the
higher scale and if the State Government have not revised scale of pay
applicable to the State Civil Service as on the first day of January, 198638
or thereafter assumed pay includes dearness allowance, dearness pay, interim or
additional relief admissible on such pay at the rates in force as on the first day of January, 198638
(iii)
‘higher scale’ means any scale of pay higher than the ‘lower scale’ prescribed
for the State Civil Service and in force on the first day of January, 198638
or any date subsequent thereto, the subsequent date being the date on which the
scales of pay applicable to the State Civil Service were revised for the first
time after the first day of January, 198638 provided that in tile
later case the dearness allowance, dearness pay, interim or additional relief
sanctioned by the State Government after the first day of January, 198638
and merged in the revised pay scale shall be excluded
32Added
w.e.f. 1-1-68 vide MHA Notification No. 13/1/67-AIS(1)(3), dated 5-1-68.
33lnserted
vide D. P. Notification No. 11031/43/77-AIS(II), dated 13-10-78.
34Inserted
vide D. P. Notification No. 13/4/71-A1S(I), dated 11-1-72.
35Substituted
vide D. P. & A. R. Notification No. 7/I/73.AIS(III)-I, dated 3-1-75
36Deleted
w.e.f. 1-1-86 vide D. P. & AR. Notification No. I
1030/7/87-AIS(I1)-A, dated 13-3-87.
37lnserted
vide D. P. & A.R. Notification No. 11030/’29/77-AIS(IV), dated
31-5-79.
38Substituted
vide D. P&T. Notification No. I
1030i7/87-AIS(11), dated 13-3-87.
(iv)
‘lower scale’ means the ordinary or the lowest scale of pay prescribed for the
State Civil Service and in force on the first day of January, 1986 or any date
subsequent there to, the subsequent date being the date on which time scales of
pay applicable to the State Civil Service were revised for the first time,
after the first day of January, 198638 provided that in the latter
case the dearness - allowance, dearness pay, or.
additional relief sanctioned by the State Government after-- the first day of
January, 198638 and merged in the revised pay scale shall be
excluded.
SECTION
I
FIXATION OF INITIAL PAY OF
PROMOTED OFFICER FALLING UNDER RULE 4(3)
(1) The initial pay of a
promoted officer shall be fixed at the stage of the Senior time scale of the
Indian Administrative Service equal to his actual pay in tile lower scale or
his assumed pay in the lower scale, as the case may be, increased at the rate
of one increment in the senior time scale of the Indian Administrative Service
for every three years of service in the State Civil Service. The resultant
increase shall be subject to a minimum of Rs. 200 and maximum of Rs. 300 over
his pay in the State Civil Service
Provided
that,—
(i) where however, the amount arrived at after the addition of such
minimum or maximum increase corresponds to a stage in the senior time scale of the Indian Administrative service,
the initial pay shall be fixed at that stage; and where it does not correspond
to a stage in the Senior time scale of the Indian Administrative Service the
initial pay shall be fixed at the next higher stage of that scale; and
(ii) for the Purpose of this clause, service in the State Civil Service
shall include such-service in a former State, now merged in ;the State
concerned, as may be equated to service in the State Civil Service by the
Central Government in consultation with the State
Government concerned.
Explanations.—
(i) In the case of a
promoted officer whose actual pay in the lower scale of the State Civil Service
is less than the minimum of the senior time scale of the Indian Administrative
service, the rate of increment shall be taken as 39Rs. 100 for each
increment
(ii) In the case of a promoted officer whose actual pay in
the lower scale of the State Civil Service is equal to or above the minimum of
the senior time scale of the Indian Administrative Service, the rates of
increment shall be equal to the rates admissible in the senior time scale of
the Indian Administrative service at the stage to which the actual pay
corresponds or, if there is no such stage, the next lower stage.
(2)
The initial pay of a promoted officer who is substantive in the higher scale of
the State Civil Service shall be fixed at the stage of the senior time scale of
tile Indian Administrative Service next above his actual pay iii the higher scale:
Provided
that in a case where the pay in the senior time scale of the Indian
Administrative Service calculated in accordance with clause (1) is higher than
that admissible under this clause, the promoted officer shall be entitled to
such higher pay.
(3) A promoted officer,
who, at the time of his appointment to the Indian Administrative Service was
officiating in the higher scale of the State Civil Service and whose initial
pay in the senior time scale of the Indian Administrative Service is fixed in
accordance with clause (1) shall, in case his officiating pay ill tile higher
scale is higher than the initial pay so fixed in the senior time scale of the
Indian Administrative Service, be entitled to a personal pay equal to the
difference provided that the State Government certifies that the promoted
officer would have continued to officiate in the higher scale but for his
appointment to the Indian Administrative Service. Tile personal pay shall be
absorbed in future increments and increases in his pay, if any, including
special pay, additional pay and any other form of pay.
(4) In the case of a
promoted officer appointed to the Indian Administrative Service on probation,
on any enhancement of his actual pay in tile State Civil Service In which he
holds a lien, as a result of. an increment in the lower scale or the higher
scale of that service, or in the event of confirmation in tile higher scale of
the State Civil Service the officer shall, during the period of probation, be
entitled to have his pay in the senior time scale of the Indian Administrative
Service recalculated in accordance with the principles laid down in this
Section on the basis of his enhanced pay in the State Civil Service, as if he
was promoted to the Indian Administrative Service with effect from the date of
such enhancement.
39Substituted
w.ef. 1-1-1986 vide D. P.
& T. Notification No. 1I030/7/87-AIS(IT), dated 13-3-87.
(5) If a promoted officer appointed to
the Indian Administrative Service on probation is confirmed with effect from a
date prior to the date of his promotion to the Indian Administrative Service in
the Higher scale of the State Civil Service in which he holds a lien during the
period of probation and there is, thus, an enhancement of his actual pay in the
State Civil Service, his pay in the senior time scale of the Indian
Administrative Service shall be recalculated in accordance with the Principles
laid down in this Section on the basis of his enhanced pay in the State Civil
Service, as if he was promoted to the Indian Administrative Service with effect
from the date of such enhancement.
(6)
Where a promoted officer who on the date of his appointment to the Indian
Administrative Service had held or is holding continuously a post other than a
cadre post under the State Government or the Central Government or on foreign
Service and the post is:
(a) in a time scale identical
to the time scale of a cadre post, or
(b) equal in status and responsibilities to a
cadre post, and the State Government concerned furnishes a certificate to the
Central Government ~within three months of his appointment to a post other than
a cadre post or within three months of the date on which the next junior Select
List Officer is appointed to a cadre post, whichever is later, that he would
have so officiated in a cadre post under rule 9 of the Indian Administrative
Service (Cadre) Rules, 1954, but for his appointment to a post 5ther than a
cadre post:—
(i) as relating to a post under clause (a) for a period not exceeding
one year and, with the approval of tile Central Government, for a further
period not exceeding two years, or
(ii) as relating to a post in clause (b), for a period not exceeding
three years, his initial pay in the senior time scale of the Indian
Administrative Service fixed in accordance with clause (1) shall not be at a
stage lower than tile pay he drew or draws in the said non-cadre post:
Provided that the number of
officers in respect of whom the certificate shall be current at one time shall
not exceed one-half of the maximum size of the Select list permissible under
sub-regulation (1) of regulation 5 of the Indian Administrative Service
(Appointment by promotion) Regulations, 1955 and follow the order in which the
names of such officers appear in the Select List:
Provided further that such certificate shall
be given only if, for every of senior officer in the Select List appointed to a
non-cadre post in respect of which the certificate is given, there is one
junior Select List officer officiating in a senior post under rule 9 of the
Indian Administrative Service (Cadre) Rules, 1954:
Provided also that the number of officers in
respect of whom the certificate is given, shall not exceed the number of posts by
which the number of cadre officers holding non-cadre posts under the control of
the State Government falls short of the deputation reserve sanctioned under the
Schedule to the Indian Administrative Service (Fixation of Cadre Strength)
Regulations, 1955.
(7) The basic pay of a
promoted officer shall not, in any case, be fixed below the minimum of the
senior time scale.
(8) Notwithstanding
anything contained in any clause in this Section, the basic pay of a promoted
officer on the Indian Administrative Service Time-scale shall not at any time
exceed the basic pay he would have drawn on the Indian Administrative Service
Time-scale as a direct recruit on that date if he had been appointed to the
Indian Administrative Service on the date of he was appointed to the State
Civil Service.
(9) Notwithstanding anything contained in any clause in this
Section, the pay of a promoted officer, whose pay has been fixed in the senior
scale of the Indian Administrative Service prior to the date of publication in
the Official Gazette of the Indian Administrative Service (Pay) Eleventh
Amendment Rules, 1976, in accordance with tile existing provisions of the
Indian Administrative Service (Pay) Rules, 1954, shall not be fixed in the
revised senior scale of tile Indian Administrative Service under the Section at
a stage lower than the pay fixed earlier.
ILLUSTRATIONS39
The method
to be followed in fixing the pay of a promoted officer under clause (1) of this
section is indicated below
The
following data in respect of the - promoted
officers to be noted down
(a) Actual pay of the officer in the State Civil Service or, as tile case may be, his assumed
pay in that service;
(b) Completed years of Service in the State Civil Service and calculated
at the rate of one increment every three years of service in the State Civil
Service.
(c) Number of increments in the senior time scale of the Indian
Administrative Service
II. Tabulate the information as follows to arrive at the initial
pay to be fixed in the senior time scale of Indian Administrative Service
A B C D
(a) Pay
in State Civil Service 2650 3500 3900 3250 3700
(b) Completed
years of Service in State Civil Service 7 6 18 17 3
(c) Number
of increments 2 2 6 5 1
(d) Amount
of increments 200 200 600 500 100
(e) Pay
arrived at by addition of (a) and (d) 2850 3700 4500 3750
(f) Stage
at which pay should be fixed 3200 3700 4575 3875 3800
(g) Resultant
increase 550 200 675 625 100
(h) Actual
amount of increase subject to the minimum and max- 200 200 300 300 200
imum specified
(i) Pay
arrived at by addition of (a) and (h) 2850 3700 4200 3550 3900
(j) Stage
at which pay should be fixed in the senior time scale of 3200 3700 4200 3600 3900
Indian Administrative
Service
(a) is a case where the resultant increase exceeds
the maximum increase of Rs. 300 and tile pay in the State Civil Service plus
Rs. 300 results in a figure below Rs, 3200’-. Hence pay is fixed at the minimum
of the senior scale.
(b) is a case where the resultant increase is Rs.
200 and the pay fixed corresponds with the stage in the senior time scale of
the lAS and as such pay is to be fixed at that stage amid not at the higher
stage.
(c) is a case where the resultant increase exceeds
tile maximum increase of Rs. 300’-, pay is to be fixed at the stage in the
senior scale equal to the pay in the State Civil Service plus Rs.300/-.
(d) is a case where the resultant increase exceeds
the maximum increase of Rs. 300, and pay in this case is to be fixed at the
stage of the senior time scale next above the pay in the State Civil Service
plus Rs. 300’-.
(e) is a case where the resultant increase is less
than the maximum increase of Rs. 200’-. In such a case pay is to be fixed-in
the stage of the senior time scale at the stage equal the pay in the State
Civil Service plus Rs. 200/-.
SECTION
II
Fixation of initial pay of
promoted officers failing under rule 4(4)
(1) In the case of a promoted
officer who has already officiated in a cadre post and such an officiation has
been held by the Central Government and wherever necessary in consultation with
the Union Public Service Commission, to be in accordance with the rule 9 of the
Indian Administrative Service, (Cadre) Rule, 1954, prior to his appointment to
the Service, his pay shall be fixed at a- stage not lower than the pay he drew
in the Senior time scale of the Indian Administrative Service while last
officiating in a cadre post.
(2) In the case of a promoted
officer appointed to the Indian Administrative Service on probation, on any enhancement of his actual pay in the State Civil Service in
which he holds a lien, as a result of an increment in tile lower scale or the
higher scale of that service, or in the event of confirmation in the higher
scale the officer shall, during the period of probation, be entitled to have
his pay in the senior time scale of the Indian Administrative Service
recalculated in accordance with the principles laid down in the Section I on
the basis of his enhanced pay in the State Civil Services, as if he was
promoted to the Indian Administrative Service with effect from the date of such
enhancement.
(3) If a promoted officer
appointed to the Indian Administrative Service on probation is confirmed in the higher scale of the State Civil Service in which he holds a lien during the period of
probation and there is, thus, an enhancement of his actual pay in the State
Civil Service, his pay in the senior time scale of the Indian Administrative
Service shall be recalculated in accordance with the principles laid down in
Section I on the basis of his enhanced pay in the State Civil Service, as if he
was promoted to the Indian Administrative Service with effect from the date of
such enhancement.
SECTI0N
III
Fixation
of initial pay of a member of the State Civil Service falling under rule 4(5)
(1)
The initial pay of member of the State Civil Service appointed to officiate in
a cadre post shall be fixed in accordance with the principles enunciated in
Section I:
Provided
that if such a member of the State Civil Service had already officiated in
cadre post with the approval of the Central Government and in consultation with
the Union Public Service Commission, as the
case may be, his pay under this section shall be fixed at a stage not lower
than .the pay he drew in the senior time scale of the Indian Administrative Service while last officiating in such a
post subject to the condition that the period of
earlier officiation in a cadre post is in accordance with the provisions of
rule 9 of the Indian Administrative Service (Cadre) Rules, 1954.
Note:—
In the case of a member of the State Civil Service who has been officiating in
a cadre post from a date prior to the
first day of 3anuary, 1973, his pay in the senior time scale of the Indian Administrative Service shall be
recalculated in accordance with the principles enunciated in Section I, as if
he was appointed to officiate in the cadre post with effect from the first day
of January, 1973.
(2) On any enhancement of
his substantive pay in the State Civil Service as a result of an increment in
the lower or the higher scale of that service, a member of the State Civil
Service officiating in a cadre post shall be entitled to have his pay in the
senior time scale of the Indian Administrative Service recalculated in
accordance with the principles laid down in Section I on the basis of his
enhanced pay in the State Civil Service as if he was appointed to officiate in
the cadre post with effect from the date of such enhancement.
(3) if a member of the
State Civil Service offciating in a cadre post is promoted substantively to the higher scale of pay of tile State Civil Service his pay
in the senior time scale of the Indian administrative Service shall be
recalculated it’ accordance with the principles enunciated in Section 1, as if
he was appointed to officiate in the cadre post with effect from the date of
such enhancement.
(4) Increments of pay in
the senior time scale of the Indian Administrative Service shall be granted to
a member of the State Civil Service officiating in a
cadre post on completion of one full years’ service on any stage of that scale:
Provided that for the purposes of calculating one years’
service under this clause,—
(i) Broken periods of
officiating service on a particular rate of pay which is in accordance With the provisions of rule 9 of the Indian Administrative
Service (Cadre) Rules, 1954, shall be taken into account;
(ii) Leave except
extraordinary leave otherwise than on medical certificate, taken during
officiation in cadre posts shall count for increment if, on the expiry of the
leave, the officer returns to the same post on the same rate of pay and tile
State Government certifies that, but for proceeding on leave, the officer would
have continued to officiate in tile same
or any other cadre post. The Central ‘Government may, in any case in which it
is satisfied that the extraordinary leave, taken otherwise than on medical
certificate, was taken for any cause beyond the control of the officer
concerned or for prosecuting higher scientific and technical studies, direct
that extraordinary leave, taken otherwise than on medical certificate, shall count for increment;
(iii) Any period of service on a particular rate of pay covered
under clause (6) of section I, shall be taken into account;
Provided
further that a member of the State Civil Service officiating in a cadre post
shall not be granted an increment in the Senior time scale of tile Indian
Administrative Service unless he completed an aggregate period of eight years’
service in the State Civil Service.
(5) The pay of a member
of the State Civil Service officiating in a cadre post and such an officiation
has been held by the Central Government in consultation
with the Union Public Service Commission
wherever necessary, to be not in accordance with the provisions of rule
9 of the Indian Administrative Service
(Cadre) Rules, 1954 shall be regulated in the scale of the State Civil Service,
subject to any modifications made by the Central Government in this regard.
(6) Notwithstanding
anything contained in any clause in this Section, where the Central Government
is satisfied that the operation of any clause, or clauses of this Section
causes undue hardship in any particular case, it may, by order, dispense with
or relax the requirements of that clause or clauses, as the case may be, to
such an extent and subject to such exceptions amid conditions, as it may
consider necessary for dealing with the case in a just and equitable manner.
74Note—Whenever (DTA of Rs. 500/~is
indicated, pay in the Junior Administration Grade plus Central (Deputation on
Tenure) Allowance shall not exceed Rs. 5000/. P.M. and pay in the Selection
Grade plus CDTA shall not exceed Rs. 6150/. per month.
Note—(2) The Central
(Deputation on Tenure) Allowance specified in this rule shall be admissible to a member of the
service only during the normal tenure of deputation as prescribed by the
Central Government from time to time.
Government of India’s Decisions Under Rule 4:
A question arose as to how and under what circumstances the
ex-cadre posts, under the. State Government, or under a body, incorporated or
not, which is wholly or substantially or controlled by the State Government, or
the Government of India should be
declared equivalent to cadre post and how he pay of Select List Officers
appointed to such posts should be regulated
78Added w.e.f. 1.11.62 vide DP&T
Notification No. 11158/62—AIS (II) dt. 7.3.63.
5Substituted vide DP&T
Notification No. 1103W22/78 AIS(Jl) dt. 10.5.79.
(Add w.e.f. 7.6.60 vide
DP&T Notification No. 11139/61 AIS(II) dt. 13.3.62.
1.2. The Government
of India have held that there is nothing in the IAS/IPS (Pay) Rules, 1954 to
show that fixation of pay and regulation of increments of State Civil or Police
Service Officers in the Select Lists, appointed to non-cadre posts declared
equivalent to cadre posts, is required to be done under the provisions of these
Rules. The Pay Rules only regulate fixation of pay and the regulation of
increment of State Civil / Police Service Officers appointed to the IAS/IPS in
a substantive capacity or appointed to hold the cadre posts in an officiating
capacity in accordance with rule 9 of the IAS/IPS (Cadre) Rules, 1954.
1.3. It was observed that
item (iv) given below Part II—Principles for fixation of officiating pay of a
State Civil / Police Service Officer
appointed to officiate in a cadre post in the Ministry of Home Affairs’ letter
No. I/27/59-AIS (LI), dated the 23rd March, 1960, had created confusion and the
State Government had been declaring non-cadre posts as equivalent to cadre
posts under rule 9 of the IAS / IPS (Pay) Rules, 1954. even when such
non-cadre posts were held by select List Officers. This Procedure was
unauthorised and irregular. Declaration under rule 9 of the IAS/.[PS (Pay)
Rules, 1954, is to be made only when an ex-Cadre post is held by a member of
the Service and not a Select List Officer. It is for the State Government
concerned and not the Central Government to regulate the fixation of pay and
the regulation of increments of Select List Officers appointment to non-cadre
posts under their control in any way they deem fit.
1.4 Since item (vi)
contained in Part II of Ministry of Home Affairs letter No. 1/27/59-AIS(LI).
dated the 23rd March, 1960 has created confusion and distortion of the IAS/IPS
cadres, it has been decided to delete the this
there from. The pay and increments of the Select List Officers appointed
to cadre-posts will be regulated as explained above.(G.I.., M.H.A. letter No.
15/38/66-AIS(III), dated 30-4-1960)
2.1.
The Government of India have decided that the cases already decided prior to
the issue of the orders contained in Ministry of Home Affairs letter No.
15/3&’66-AIS(III), dated 20-4-1966 and No. 37/ 7/66-AIS(III), dated
17-6-1966 need not be response.
2.2.
Non-cadre posts are not to be declared as equivalent to cadre posts by the
State Government under rule 9 of the IAS/IPS (Pay) Rules, 1954. But it would be
open to the State Government to issue such declaration under their own powers
and to furnish to the Accountant General with the
instruction to regulate the pay of Select List officers in terms of Schedule II
to the Pay Rules. It is not permissible under the All India Services Act, 1951
to regulate the appointment of Select List Officer (non-cadre officer) in a
non-cadre post even though the Non-cadre post is declared by the State
Government as equivalent to a cadre post. Rule 9 of the IAS/IPS (Pay) Rules, 1954
applies only to officiation of Select List Officers in cadre posts as defined
in the cadre Rules.
[G.I.,
M.H.A. letter No. 15/62/66
AIS(III), dated
28-12.1966.]
3.1
The Government of India have decided that if non-cadre officer (Select List
Officer)is appointed to hold a cadre post as a temporary measure under rule 9
of IAS/IPS (Cadre) Rules, 1954 for a period exceeding 3 months without the
approval of the Central Government his appointment will be treated as
unauthorised and his pay is to be regulated in accordance
with items (i), (ii) and (iii) of Part II of the Ministry of Home Affairs
letter No. 1/27/59-AIS (II), dated 23-3-1960.
3.2.
If a non-cadre Officer (Select List Officer) holding a cadre post in the
IAS/IPS is for any reason transferred to a non-cadre post (ex-cadre post)
declared by the State Government, equivalent to a cadre post under their own
powers (not under rule 9 of the IAS/lPS Pay Rules, but by the independent
action of the State Government), his pay in such post is to be regulated not
under the provisions of IAS / IPS (Pay) Rules, 1954 but under the order of the
State Government concerned. The State Government will have to furnish a formal
declaration of equivalent to the Accountant General and they have to take a
decision whether the Select List Officer holding the equivalent non-cadre post
should be remunerated in the senior scale of IAS/IPS in terms of Schedule II to
the Pay Rules.
3.3. If the State Civil /
Police Service Officer (Select List Officer) is appointed to hold a cadre post
as a temporary measure, out of turn for any reasons, he will be entitled to pay
in the senior scale of IAS/IPS for a period not exceeding 3 months vide part I
of this Ministry’s letter referred to in pars I above. If such officer continue
to hold the cadre post beyond 3 months, his pay will be regulated as stated in
para I above. In this connection attention is invited to the Ministry of Home
Affairs letter No. 19/3/66-ALS(LII), dated 26-4-1966.
[G.I., MHA letter- No. 1S/64/66.AIS(III), dated 27-1-1967.]
Government of
India’s Instructions:
(1) The officiating
pay of State Civil / Police Service Officers appointed to officiate in Indian
Administrative Service/Indian Police Service, Cadre post is to be regulated in
the manner indicated below.
I. Circumstances, in which officiating pay is to
be fixed in the Indian Administrative Service/Police Service.—State Civil
Police Service officers appointed to officiate in cadre posts are ‘entitled to
get their officiating pay fixed in the senior time-scale of the Indian
Administrative Service/Indian Police Service in the. following Circumstances:’
(I) if the vacancy
is not ‘likely to
last for a period exceeding three months;
(ii) the Central Government have been informed if the vacancy is to
exceed a period of three months but’ is less than six months and the Central
Government do not issue any directions to revert the officer from the cadre
posts; and
(iii) in case the period exceeds six months, the officer has been
approved by the Union Pub-lice Service Commission and his name included in the
Select List.
Note:—In case a Non-State Civil Service Officer is appointed to hold an Indian Administrative Service Cadre post in accordance with the provisions of Rule 9 of the Indian Administrative
Service (Cadre) Rules, 1954, his officiating pay
in the Indian
Administrative Service will be fixed by the Central Government in consultation with the State Government concerned.
II.
Principles for fixation of officiating pay.—The officiating pay of State Civil
/ Police Service officer appointed to officiate in cadre post in the circum
stances specified in paragraph 2 above, will be fixed in the senior time-scale
of Indian Administrative Service/Indian Police Service under sub-rule (5) subject
to the following conditions:—
(i) State Civil / Police Service officers appointed to officiate in
cadre posts in accordance with the provisions of rule 9 of the India
Administrative Service/Indian Police Service (Cadre) Rules, 1954, will be
entitled to pay, during the period of their officiation under sub-rule (5), upto
a maximum period of six months or date of reversion, which-ever is earlier,
after which, if they are not approved by the Union Public Service Commission
for officiating in cadre posts, these rules will cease to apply to them.
However, subject to sub-para (iii) of this para, there would be no objection to
remunerate these officers at the ‘initial pay fixed for them in the senior time-scale of the Indian
Administrative Service/Indian Police Service till the date of reversion as a
result of disapproval by the Central Government or the Union Public Service
Commission. The entire period of’ such officiation would not count for purposes
of pay fixation, if such officers are promoted later on.
Note:—If an officer is included in the Select List from a date after
the expiry of six month, from the date of officiation in the cadre post, the period of officiation, preceding the six
months prior to the date of approval by the Union Public Service Commission,
will not count for the purpose of fixation of the pay and regulation of
increments unless the entire officiation of the officer has specifically been
approved by the Union Public Service Commission at the time of inclusion of his name in the said list.
(ii) In cases where the
requirements of Rule 9 of the Cadre Rules have not been fulfilled, the
non-cadre officer shall be remunerated the pay which he would have drawn in the
State Service had he not been appointed to a cadre ,post.
(Dept. of Personnel letter
No. 1/13/68-AIS-I1I, dated 23-6.71.]
(iii) If, in a
case, when a State Civil Police Service officer appointed to officiate in a
cadre post is reverted due to his officiation not being approved, there is an
enhancement in the substantive pay on the ordinary time-scale or Selection
Grade of the State Service scale during the first three months, he will be
entitled to reflexation of his pay in the Indian Administrative Service/Indian
Police Service on the basis of his enhanced pay under clauses (2) and (3) in
Section III of Schedule II and will continue drawing the refixed pay till the
date of his reversion:
(iv) The officiating pay of
a State Civil/Police Service officer fixed on the basis of his substantive pay
in the Selection Grade of the State Civil/Police Service is not to be refixed
on an enhancement of assumed pay in the ordinary time-scale of the State Civil/
Police Service.
(v) The officiating pay of
an officer, officiating in the Selection Grade of the State Civil / Police
Service on the date of his appointment to cadre post, is to be fixed under
clause (3) in Section I of Schedule II and not under clause (3) in Section III.
Clause (3) in Section III will come into play only when the officer, while
officiating in the Cadre post, is substantively promoted to Selection Grade of
the State Civil/Police Service.
(vi)
Deleted.
(vii) If a State
Civil/Police Service officer is not confirmed in the State Civil/Police Service
and is appointed to officiate in a cadre post, he should be given the minimum
of the senior time-scale of the Indian Administrative Service/Indian Police
Service from the date of his officiating appointment to the cadre post.
(viii) For comparing the
length of a State Civil / Police Service officer’s service with that of an
Indian Administrative Service/Indian Police Service officer for the purpose of
clause (5) in Section I of Schedule II, the total period of State Civil
/ Police Service (including
sub-pro-term and officiating service) which was followed without interruption
by substantive service is to be taken into account. All the periods of service
rendered by a State Civil/Police Service officer before his confirmation in the
State Civil / Police Service which were counted for increments in the State
Civil/Police Service should be taken into account for computing completed years
of service in the State Civil/Police Service. For this purpose, non-continuous
State Civil/Police Service (excluding subordinate service) may also count, if
it was rendered by the officer after his regular selection for appointment to
that Service. Service as a probationer, even though it ‘is rendered on a
remuneration below the minimum of the time-scale of the State Civil / Police
Service may also be taken into account for this purpose, provided that such
service has been counted for all purposes e.g., eligibility for
promotion etc. in the State Civil/Police Service by the State Government.
III.
Special
pay—(i) A State
Civil / Police Service officer officiating in a cadre post will be entitled in
addition to officiating pay in the senior time-scale of the Indian
Administrative Service/Indian Police Service, to the special pay, if any,
attached to the cadre post.
(ii) A non-cadre officer
holding a cadre post without valid approval under Rule 9 of the Cadre Rules can
be allowed a special pay also provided it is certified by the State Government
that the officer would have drawn the special pay in the State Civil Service
but for being appointed to a post included in an All India Service.
[Dept. of Personnel letter No. 1/13/68-AIS(II), dated 19-1-72.1
[G.I., MHA ‘letter No. 1/27/59-AIS(II), dated 23rd March, 1960, read
with letter NQ,. V101160-AIS(II), dated 6th May, 1961 and letter No. 15/38/66.A1S(III), dated 20th April, 1966]
2. The State Governments have
been requested that while sending proposals for grant of proforma promotion
they should see that all the conditions laid down in the Ministry of Finance
letter No.F. .2 (55)-Est. 111-46, dated 2-4-1946 (copy enclosed) for grant of
benefit of ‘next below-rule’ are fulfilled by the officers concerned.
[Q.I., MW A. letter
No. 3/1167.AIS-Ill, dated 27.1-67.]
Copy
of the letter No. F.2(25)-Est-III/46, dated the 2nd April, 1947 from the’
Ministry of Finance, Government of India, New Delhi, to all Provincial Governments.
Sub: Clarification to- the Secretary of -State’s
rulings to the ‘Next-below rule’.
I am directed ‘to state that doubts have
frequently been expressed by Provincial Governments and Audit Officer regarding
the exact scope of the various rulings issued by the Secretary of State in
connection with the operation -of the ‘next-below-rule’. For avoidance of doubt
the extent decisions on this subject have been summarised below.
2.
The working rule sub joined to this paragraph may be taken to express the
convention which is commonly known as the “next-below-rule”, as
originally approved and its provisions the modifications made from time to time
by the Secretary of State. The intention underlying the “rule” is that an
officer out of this regular line should not suffer by foregeting the
officiating promotion which he would otherwise have received had he remained in
his original line. The so-called “rule” is not a rule of any independent application. It sets out only the guiding principles for application in any ease in which the Governor
General in council, or the Governor exercising his individual judgement in
virtue of the powers conferred on him by the Secretary of State’s rule of the
14th April, 1942 (published with Home Department Notification No. 195/40-Ests.
dated the 9th June, 1942), proposes to regulate officiating pay by special
orders under the
second proviso to Fundamental Rule 30(1). The condition precedent to the
application of the ‘next
below rule’ must therefore be fulfilled in each individual case before action may be taken under this proviso. It also follows
that the benefits of
officiating promotion is to be given only in respect of the period or periods
during which the conditions of the ‘next-below-rule’ arc satisfied. Rule—when
an officer in a post (whether within the cadre of his service or not) is for
any reason prevented from officiating in his turn in a post on higher scale or
grade borne on the cadre of the service to which he belongs he may be
authorised by special order of the appropriate for officiating promotion into
such scale or grade, and thereupon be granted the pay of that scale or grade,
if that be more advantageous to him, on each occasion on which the officer
immediately junior to him in the cadre of his service (or if that officer has
been passed over by reason of inefficiency or unsuitability or because he is on
leave or serving outside the ordinary line or foregoes officiating promotion of
his own volition to that scale or grade then the officer next junior to his not
be passed over) draws officiating pay in that scale or grade.
Provided that all officers senior to the
officer to whom the benefit under the substantive part of this rule to be
allowed are also drawing unless they have been passed over for one or other of
the reasons aforesaid officiating pay in the said or some higher scale or grade
within the cadres.
Provided further that, except in eases, covered by any
special order of the Secretary of State not more than one officer (either the
senior most fit officer a series of adjacent officers outside the ordinary
line, or, if such an officer either foregoes the benefit of his own volitions
or does not require the’ benefit in virtue of his holding a post outside the
ordinary line which secures him at least equivalent benefits in respect of pay
and pension then the next below in the series) may be authorised to draw the
pay of the higher scale or grade in respect of any one officiating vacancy
within the cadre filled by his junior under this rule.
3. The “next below rule” set
out in the preceding paragraphs should be applied with regard to the rulings or
decisions mentioned hereunder:
(i) A purely fort--utious
officiating promotion given to an officer who is junior to an officer outside
the regular line does not in itself give rise to a claim under the “next below
line”.
(ii) The expression “outside
the ordinary line” occurring in Fundamental Rule 39(1) is not intended to be
rigidly interpreted as necessarily involving a post either “outside the cadre of a Service” or! “outside the ordinary time scale.”
(iii) Although certain
special posts in cadre may be considered to be posts outside the ordinary line
of a service for the purpose of applying the “next below rule” (vide the Secretary
of State’s orders in India Office letter No. S&G 5O79/44, dated the
2nd January, 1945 copy forwarded with Home Department letter No. 143/44-Ests.
dated the 26th April, 1945) there are no orders to cover the converse type viz,
the treating as cadre posts of those posts created by Government in India which
are declared to be equivalent in status and responsibility to permanent posts
included in Secretary of State’s cadre. Now that the powers of Government in
India to add temporary posts to the cadre of a Secretary of State Service have
been withdrawn under the Constitution Act of 1935, the benefit under the
next below rule may not be allowed without the sanction of the Secretary of
State to an officer outside the ordinary
line if an officer junior to him is appointed to a post created and declared by
a Government in India to be so equivalent.
(v) If Government have
approved in any department a list of officers in order of merit for promotion
to administrative rank or a selection grade, then that order will prevail as
the order of seniority for the purpose of the “next below rule” over the order
of seniority of the officers in the ordinary gradation list of their cadre.
4.
The Secretary of State has held that holders of special (e.g. tenure) posts such as Secretary ships to a Governor or a Provincial ‘Government should be ready to
accept loss of officiating promotion for periods to posts on a higher scale Or
grade in the Ordinary line in consequence of their incumbency and that, when
the stage is reached at which their retention involves loss of substantive or
lengthy officiating promotions the proper course is to make arrangements to
release them the special posts rather than to compensate them for the loss of
officiating promotion under the “next below rule”. “Short periods” should be
interpreted as meaning period not exceeding three months.
If in such a case conditions of the “next
below rifle” are not satisfied and an officer is deprived of officiating
promotion owing to its
being impracticable
for the time being to release him from the special post, he may be granted with
the approval of the Governor General in Council or of the Governor acting in
his individual iudgement according as the office concerned is serving at the
Central or in the Province such compensation for loss of officiating promotion
as would ‘have been admissible under the next below rule for the period in
excess of the first three months of his retention in the special post in the
public interest. No specification of declaration in terms of the second proviso
to Fundamental Rule 30(1) by the Governor General Council or the Governor will
be necessary in these cases and it will suffice if those authorities issue the
requisite orders granting the officer concerned the compensation on that basis.
As in the case of the “next below rule” the periods for which compensation
equivalent to the “next below rule” benefit is allowed will count for increment
in the higher scale or grade in which are officers would have officiated, had
he not been holding the special post in the public interest.
If, however, in such a case the conditions of the “next below rule”
are satisfied the officer concerned may be granted under the. second proviso to
Fundamental Rule 30(1) the concession admissible not the “next below rule” but,
save in exceptional circumstances, such an officer should not be retained in
the special post if the .pay attached thereto is lower than that admissible to him under the
“next below rule” for more than 6 months beyond the date from which the “next below rule” begin to
operate. The sanction of the Secretary of State is, however, necessary for
exceeding this time in individual cases in exceptional circumstances
This letter issues with the approval of Secretary of State.
[G.R., MHA letter No. 3/1/67.AIS(III), dated 27-1-1%7]
Government of India’s Instructions under Rule 5:
The increments of the State Civil/Police
Service officers appointed to officiate in cadre posts will be regulated in accordance with the provisions of Clause (4) in
Section III of Schedule II, subject to the following conditions:—
(i) Only the period of earned leave upto a maximum of 120 days taken at
a time, is to count . for increments in officiating
appointment provided the State Government certify that but for his proceeding
on leave, the officer would have continued to officiate in the cadre posts. In
the case of permanent State Civil/Police Service Officers who have been
continuously officiating in the cadre post for more than three years at the
time they proceeded on leave and would have continued to officiate in the cadre
posts but for their proceeding on leave, leave other than extraordinary leave
will count for increments in that time-scale. For the purpose of reckoning the
three year’s limit, officiating service in the cadre post in the Indian
Administrative Service/Indian Police Service will include periods of leave,
including extraordinary leave’ during which the officer would have officiated
in the post.
(ii) When the officiating pay of an officer is refixed under clauses (2)
and (3) in Section III of Schedule tthe period of one year for the purpose of
next increment should be calculated from the date the pay is so refixed.
(iii) No increment is to be allowed to an officer whose officiation in a cadre post
beyond a period of three months/six months is not approved by the Central
Government/the Union Public Service. Commission, as the case may be, he may be
given only the pay as fixed/refixed for him under sub-para (i)/ (iii) of para
II of Government of India’s Instructions below rule 4 till the date of reversion from cadre post.
Note—It will be the responsibility
of the State Government to inform the Audit
Officer as soon as they receive directions from the Central Government that the
requirements of the
Indian Administrative! Police Service (Cadre) Rules, 1954 have been
satisfied. The officer may then be allowed an
increment, if due, in the
Indian Administrative Service, Indian Police Service time-scale.
(iv) The period of officiation of an officer not approved by the Union Public Service
Commission wilt not count for increments in case the officer is promoted again
to the Indian Administrative. Service/Indian Police Service.
(v) For purposes of calculating six year’s service as required under the
second proviso below clause (4) in Section III of Schedule II, the periods
mentioned in clauses (a) to (d) of para 13 of Ministry of Home Affairs’ “Pay
Instructions”, dated 22nd June, 1952, should be taken into account subject to the
conditions laid down therein. In addition, service as a probationer even though
it is on a remuneration below the time-scale of the State Civil/Police Service
may also be taken into account provided that such service has been counted for
all purposes e.g. eligibility for promotion etc. in the State Civil/Police
Service by the State Government.
(vi) In the case of a State Civil / Police Service officer appointed to
officiate in a cadre post on or after 14th September, 1954, his first increment
should be allowed to him as soon as he completes six year’s service in the State Civil / Police
Service and the Indian
Administrative Service/Indian Police Service provided that he has in the meantime also completed one year’s
service in the Indian
Administrative Service/ Indian Police Service. As regards officers who started
officiation before 14th September, 1954, those of them who were substantively
appointed to the Indian Administrative Service/Indian Police Service with
effect’ from a date prior to 14th September, 1954, will have their pay and
increments regulated under ‘pay instructions’ dated 22nd June, 1952. The pay
and increments of all other officers will be regulated in accordance with the
principles enunciated above.
(vii) Period of suspension which is not treated as a period spent on duty vide rule
9 of the All India
Services (Discipline and Appeal) Rules, 1955 and which is also not treated as
one spent on leave, will also have the effect of postponing the increments..
[Q.I., MHA letter
No. l/27/59-AIS(II), dated 23rd March, 1960 read with letter No.
l/10I/60-AIS(II), dated 6th May, 1961 and letter No. 15/38/66-AIS(IlI), dated 20th April, 1966.1
2. The service
rendered by a member of the IAS/ IPS in a post under the Government of India or
under the Government of a State other than the cadre on which is borne carrying
a scale of pay above the time scale, shall on his reversion and being appointed
to a post carrying a scale of pay identical to the scale of pay of the post
held outside the cadre, count towards initial fixation of pay to the extent and
subject to the conditions indicated below:—
(a) The member should have been approved by the State Government
concerned for appointment to the same scale during the relevant period.
(b) All his seniors except those regarded as unfit for such appointment
were serving in posts carrying pay in an identical scale or in. higher posts
and at least one junior was holding a post under the Government of the State on
the cadre of which he is borne carrying a pay in an identical scale.
(c) The service will count from the date his junior is promoted and
the benefit will be limited to the period he would have held the post under the
Govt. of the State on the cadre of which he is borne, had he not been appointed
on deputation.
These instructions arc in supersession of those contained in the
Ministry of Home Affairs O.M. No. 11291/58-AIS(II), dated the March, 1959.
[Deptt. of Personnel & AR letter No. l/I5o/AIS(II)), dated 4-1-74, 9/2/74.AIS(II), dated 17-1-75,
6/18./74-AIS(II), dated 17-1-75 and 9/2/74-AIS(II),
dated 16475]
3.
When a member of an All India Service has been granted proforma promotion to
the super time scale by the State Government, the service rendered by the
officer from the date of such promotion will count for the purpose of fixation
of initial pay and drawal of increments if he is appointed to super time scale.
post in the cadre on his. reversion. The grant of proforma promotion is subject
to the following conditions being satisfied:—
(a) The member of the All
India Service concerned should have . been
approved by tile State Government for
appointment to the super time scale during the relevant period;.
(b) all his seniors
(excluding those considered unfit) should have started drawing pay in the super time scale on or before the date from which the
proforma promotion is sought to be granted to him;
(c) the junior next below
the officer concerned (or, if the officer has been passed over by reason of inefficiency or
unsuitability or because he is on leave or serving outside the ordinary line forgoes
promotion of his own volition to that grade, the officer next junior to him not so passed over) should also have
started drawing pay in
the super time scale from
that date and his appointment thereto not being fortuitous; and
(d) the benefit should be
allowed on ‘one for one’ basis.’
[Department of
Personnel & A.R.
letter No. 1 103071/75-A1S(ll),
dated 8-7-75].
Government of India’s Decisions under Rule 6:
1. The Government of India
have decided that the criterion for crossing the efficiency bar in the junior
time scale of the Indian Administrative/Police Service should be the officers’
performance in the Service and not his suitability to hold a senior time scale
post. Thus if an officer is not fit to hold a senior time scale post, he should
not obviously be promoted to senior timescale, but as long as he is good enough
for the junior timescale, there is no reason why he should not be allowed to
cross the efficiency bar in the junior scale.
[Q.I., MHA letter
No. 1/77/55-AIS(I), dated 16th August, 1955 read with letter No. 20/12/49-AIS,
dated the 26th June, 1950.]
2.1
The increment of a member of the Service was withheld under sub-rule (1) for
failure to pass the departmental examination and his pay restricted at Rs. 350.
He was, however, promoted to officiate in the senior post of Superintendent of
Police in view of his seniority. The question arose as to how his pay should be
regulated in the senior post.
2.2 Under rule 8, the member
is entitled to draw pay in the senior timescale during the period he hold the
senior post. Since, however, his pay in the junior time scale has been
restricted at Rs. 350, it was decided
that he should be remunerated at Rs. 600 with effect from the date he took over
as Superintendent of Police and his future increments regulated with reference
to his pay in the junior time-scale.
[G.I. MHA Letter
No. 1/111/59-AIS(II), dated 5th October1959]
3 Members of the Indian Administrative Service
may be allowed to cross the Efficiency Bar in the revised senior scale keeping in view the provision of F. Rs. 24
and 25. In the case of the members of the Service serving under the
State Government amid organisations
under their control necessary concurrence to cross tile Efficiency Bar in the revised senior
scale may’ be issued by the State Government concerned. In the ‘case of the
members of the Service on deputation to the Central Government or other bodies
under their control necessary orders may be issued. by the Ministry/Departments
of the Government 01 India concerned.
[Department of Personnel letter No.
220010/1/75-AIS(I), dated 17-3-75].
Government of India’s Decisions under Rule 7:
(1)
The second and third increments shall accrue to the member of the I.A.S. from
the date of his passing the departmental examinations but shall become payable
only after the first increment raising his pay to Rs. 400, has become due. The
drawl of the second and third increment may be simultaneous with the first
increment but, in no case, before the first increment has become due.
[G.I. MHA letter No. 1/27/58-AIS(H), dated 30th October,
1958.]
(2)
It has been decided that those open market special Recruits, whose initial pay
has been fixed beyond the second/third incremental stages in the junior
time-scale of the I.A.S. need not be given any advance increments on passing
the prescribed departmental examinations’.
[G.I. MHA letter No.
V79/59-AIS(xI), dated 3rd July, 1959.]
(3)
An I.P.S. Officer shall on passing the prescribed departmental examinations, be
entitled to have his pay fixed at Rs. 410 and 440. The second and third
increases shall accrue to him from the date of his passing the departmental
examination but shall become payable only after the first actual increase
raising his pay to Rs. 380 has become due. The drawl of the second and third
increases may be simultaneous with the first increase but in no case, before
The first increase has become due.
[G.I MHA letter-No. 1/97/57-AIS(II), dated 21st July, 1959.]
(4)
A member of the Service, who has failed to qualify in one subject in the
Departmental Examination, was exempted temporarily from passing tile
examination in that subject and allowed to draw advance increments under this,
rule. The question arose whether this was in order.
The
underlying object of this rule is to give incontive to direct recruits to pass
the prescribed departmental examination fully as early as possible. The
intention is not to exempt an officer temporarily from passing in a particular
subject simply, with a view to giving him advance increments. Temporary
exemption indicates that the ‘ officer
has not gained sufficient proficiency in the subject and that he would be
required to pass the examination in the particular subject at a future date. It
would be a different matter if a particular
officer, in view of his previous special experience of training in a particular
subject, is exempted permanently from passing the examination in that subject.
In such a case there would be justification for giving advance increments after
exempting the officer permanently from passing the examination in the
particular subject.
[G.I. MHA letter No.
1/152/58-AIS(Il), dated 16th September, 1959.]
(5) A question arose whether a member of the Service who had
been exempted from passing the language test of the higher grade because he had
passed an equivalent test before his appointment to the Service, was entitled
to the grant of advance increments under this rule.
As the member concerned has been exempted from passing the
language examination, he is not required to pass it again. He is, therefore,
entitled to the grant of advance increments under this rule, provided he has
already passed the other parts of the departmental examination or is exempted
from appearing in these
parts.
[G.I. MHA letter No.
1/15/60-AIS(II), dated 9th February, 1960.]
Government of India’s Decisions under Rule 9:
(1) A question arose whether’ the State
Governments were competent to equate an ex-cadre to a cadre post in the Indian
Administrative Service, even though the time scale of the ex-cadre post was not
identical with the senior time scale of the Indian Administrative Service. The
basic criterion for such equation is the nature and responsibilities of duties
attached to the post and not the pay attached to the post. It is, therefore,
within the competence of the State Government to declare such equation.
[G.I.MHA letter No.
32/52/56-AIS(II), dated 10th July, 1956].
(2) A question are whether equation, of an ex-cadre post under a State
Government to a post included in Schedule-Ill-C was in the order. Under
sub-rule (1), it is only necessary that the post with which the ex-cadre post
is equated, should be specified
in Schedule III, it
is not necessary that the Scheduled post should be under the State Government
and included in the State Cadre.
[G.I. MHA letter No. 1/54/59-AIS(II),
dated 9th November,1959].
(3) A question arose whether a declaration under rule 9 had anything to
do with the special pay, if any to be granted to a member while holding a
non-cadre post.
Special pay is normally granted to an incumbent of a post in
consideration of (i) the specially arduous nature of the duties or (ii) a
specific addition to the work or responsibilities of the post. “In cases, where
an I.A.S. officer is appointed to an ex-cadre post, the State Government should
first decide in the light of the above principles whether the duties and
responsibilities attached to such a post justify the grant of any special pay
or not. After examining this aspect the ex-cadre post may be equated to a post in
Schedule III, which carries/does not carry the desired special pay. An
I.A.S. Officer appointed to an ex-cadre post would thus ‘get a special pay, if
tile cadre post, to which it is equated carries a special pay.
[G.I. MHA letter
No. 1/86/60-AIS(II), dated 23rd May, 1960].
(4) It has been decided
that the administrative Ministries/Departments concerned should be delegated
the power to equate an ex-cadre post to a post specified in Schedule III, if
the time scale of pay of the ex-cadre post is identical to the time scale of
the post in the said Schedule to which it is sought to be equated, provided
that, for this purpose, the time scale of the post in the Schedule shall be
that applicable to holders of the post other than the members of the
I.A.S./I.P.S. The prior concurrence of the Ministries of Home Affairs and
Finance (Department of Expenditure) is not, therefore, necessary for equating
the ex-cadre post to a scheduled post carrying pay in the prescribed time-scale
identical to the time-scale of the ex-cadre post. Copies of the orders should,
however, be endorsed to tile Ministries
of Home, Affairs and Finance for record.
As
regards ex-cadre posts, the time-scale of pay of which are not identical with
that of any scheduled post, the. concurrence of the Ministries of home Affairs
and Finance (Department of Expenditure) should be obtained before making a
declaration under this rule and the fact declaration issues in consultation
with the said Ministries indicated in the body of the communication issues.
[G.I. MHA letter No. 11/3/60-AIS(II), dated 6th January, 1961].
(5) See
Government of India’s Decision (6.2) below rule 4 of the I.A.S. (Cadre) Rules,
1954
(6) See Government of India’s Decision below rule 4.
(7) Where the administrative Ministry/Department is of the view that
there is no post in Schedule Ill to which the post in question can be equated
in status and responsibilities there the prior concurrence of the Department of
Personnel and Ministry of Finance (Department of Expenditure) should be taken
before the Administrative Ministry dispenses with the equation in terms of
sub-rule (4). This power should be used sparingly and only on administrative
grounds not related to conferment of any pecuniary benefit on a particular
incumbent.
Where an order dispensing with an equation
has been issued in terms of sub-rule (4) of Rule 9 and the post to which a
member of the Indian Administrative Service is to be appointed does not change any prescribed pay
or scale the incumbent has to be fixed ad hoc. In such cases the pay of the incumbent should be fixed only
after getting the concurrence of the Department of Personnel and the Department
of Expenditure of the Ministry of Finance.
[Deptt. of Personnel & A.R. O.M. No. 1/107/70-AIS(I1), dated 22/4/1972]