Grant of option under F.R.23 to the holder of a post whose tine scale is reduced
No.F2(62) – Est.III/60
Government of India
Ministry of Finance
(Department of Expenditure)
New Delhi-2, the 29th August, 1960
OFFICE MEMORANDUM
Subjects- Grant of option under F.R.23 to the holder of a post whose tine scale is reduced.
The undersigned is directed to say that a question has been raised whether the option under F.R.23 is available to the holder of a post, the time-scale of which is reduced or whether in such cases the Government servant should be brought on compulsorily to the reduced time scale and his pay fixed thereon in accordance with F.R.22 – A. The matter has been carefully considered in consultation with the Ministries of Home Affairs, Law and the Comptroller and Auditor General and the following clarification is issued.
2. Under F.R.23 the holder of a post, the pay which is changed,is entitled to the option to retrain his old pay until the data on which he. has earned his next or any sub sequent increment on the old scale, or until he vacates his post or ceases to draw pay on that time-scale.
3. In view of these provisions, it is clarified that in the case of a Government servant holding a post at the time of revision of the time scale of that post, the option under F.R.23 as staged above shall be available to him irrespective of the fact whether the revision of the pay scale is in the upward or equivalent or downward direction.
4.The question of fixation of pay in the revised scale under F.R.22-A in cases of reduction of time Scale of pay of a post will arise only when the Government servant does not opt under F.R.23 to retain the old scale.
5.In cases when a Government servant is not holding a post at the time of reduction of its time scale, but has held the same post prior ” to the reduction of the time-scale, the question of giving option under F.R.23 to retain the old scale, on reappointment to the same post after the reduction of the scale of pay does not arise. In such cases, on re appointment after the date of reduction of the pay scale, the pay shall be fixed in accordance with the provisions of F.R.22-A.
Sd/-
(V.Doraiswamy)
Deputy Secretary to the Govt. of India.
Source: http://finmin.nic.in/the_ministry/dept_expenditure/notification/payfixation/29-08-1960.pdf