Delegation of powers to Expenditure Divisions to deal with certain types of cases finally without consulting the Establishment Division
No.F.2(45)E.III/60
Government of Indie.
Ministry of Finance
(Department of Expenditure)
New Delhi-2, the 5th August,1960
OFFICE ORDER
Subject:- Delegation of powers to Expenditure Divisions to deal with certain types of cases finally without consulting the Establishment Division.
with a view to facilitate the expeditious disposal of cases referred by the administrative Ministries to the Ministry of Finance (Department of Expenditure), it has been decided that the various Expenditure Divisions may dispose of, finally, cases relating to the grant of benefit under the ’next below rule1 for a period not exceeding six months from the date of proforma promotion. The present policy in regard to the general applicability of the rule is briefly indicated below for convenience. The grant of benefit under the ‘next below rule’ is subject to the fulfilment of certain conditions which have been enumerated in the late Finance Department letter No.F. 2( 25)-Est.III/46, dated the 2nd April, 1947(copy enclosed). Particular attention is invited to the three conditions mentioned in paragraph 2 of this letter which are as follows:-
a) that all the officers senior( except those who have been passed over by reason of inefficiency or unsuitability or because the officers are on leave or serving outside the ordinary line or forgo officiating promotion on their own volition) to the officer to whom the benefit under ‘next below rule’ is to be given from a particular date should have been promoted to the higher grade on such date;
b) that the officer immediately junior to the officer (or if that officer has been passed over for One or “other of the reasons aforesaid then the officer “Next junior to him not so passed over) to whom the benefit under ‘next below rule’ is to be given should have been promoted to the higher grade 011 the particular date; end
c) that not more than one officer ( either the senior most fit officer in a series of adjacent officers outside the regular line, or, if such an officer forgoes officiating promotion for certain reasons) 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 promotion of his junior.
It is also necessary for the Administrative Ministry to issue a declaration under the second proviso to F.R.30(1) with the concurrence of this Ministry and also a notification relating to the proforma officiating promotion in the case of gazetted officers as envisaged in the Ministry of Borne Affairs’ Office Memorandum No. 1 3/2/57-Est( A) dated 24th October, 1957. Horn ally the officer concerned will be entitled only to the protection of the officiating pay which he would have got had he been in the regular line and no other additional pay such as deputation special pay which he would have been getting till then would be admissible.
2, The period of six months upto which the Expenditure Divisions are now being authorised to grant the benefit under the ’next below rile’ should be considered as the upper limit and in all cases it should be ensured that the officer to whom this benefit is given is reverted to his parent cadre as early as possible but not later than six months from the date from which the ‘next below rule’ begins to operate.
3. Cases where Government servants are deputed to hold posts outside India are not covered by these orders. Such cases and also proposals where the benefit under the ’next below rule’ is to be given for a period beyond six months may continue to be referred to the Establishment Division as heretofore.
Sd/-
( R. P. Padhi )
Joint Secretary to the Govt.of India.
Source: http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/05-08-1960.pdf