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IREC Rule No.1317: (FR-23) This is an example widget to show

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1317. (FR-23) Change Of Pay Of Post:- added then this will be replaced by
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The holder of a post, the pay of which is changed

shall be treated as if he were transferred to a new
post on the new pay; provided that he may at his
option retain his old pay until the date on which he
has earned his next or any subsequent increment
on the old scale, or until he vacates his post or
ceases to draw pay on that time-scale. The option
once exercised is Gnal.

Audit Instructions:

(1) Ociating Railway Servants: This rule

applies to an ociating as well as to a
substantive holder of a post.

(2) Subsequent Increment: The expression

subsequent increment in the old scale in the
proviso to FR-23 should be held to include
 grade promotion in cases in which a time-scale
of pay has been substituted for a grade scale of
pay.

Government Of India’s Decision:

The Government of India has decided that FR-23

equally applies in cases where a revision of pay is
accompanied by change in status of a post. In such
cases, the post virtually continues as before. Where,
however, a revision of pay is concurrent with a
speciYc change in the duties and responsibilities
attached to the post, the old post will be deemed to
have been substituted by a di erent post. In such
cases the individual will be treated as having been
appointed to a higher or lower post, as the case may
be, and pay will be
xed under the relevant rules, and not under FR-
23.

[Authority: Government Of India, Ministry Of

Finance O.M.No.1(40)E/III(A)65, 06.11.1965]

Government Of India’s Orders:

Option Available For Upward / Equivalent /

Downward Revision: A question has been raised
whether the option under FR-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 xed thereon in accordance
with FR-22(A)
matter has been carefully considered in consultation
with the Ministries of Home A airs, Law and the
Comptroller and Auditor General and the following
clariYcation is issued;

(1) Under FR-23 the holder of a post, the pay of

which is changed, is entitled to the option to
retain his old pay until the date on which he has
earned his next or any subsequent increment on
the old scale, or until he vacates his post or
ceases to draw pay on that time-scale.

(2) In view of these provisions, it is claried 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 FR-23 as stated
above shall be available to him irrespective of
the fact whether the revision of the pay scale is
in upward or equivalent or downward direction.

(3) The question of xation of pay in the revised

scale under FR-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 FR-
23 to retain the old scale.

(4) 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 FR-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 reappointment after the date of
reduction of the scale, the pay shall be
xed in accordance with the provisions of FR-
22(A).

[Authority: Government Of India, Ministry Of

Finance O.M.No.2(62)-Estt.III/60, 29.08.1960]

Date Of Next Increment In Case Of Fixation

At The Minimum:

(1) When the scale of pay of a post is revised

upwards without involving assumption of
duties and responsibilities of greater
importance, the xation of pay of the incumbents
is regulated under FR-23 and FR-22(a)(ii) read
with Audit Instruction (I) below FR-
22. In other words, the pay of the incumbent is
xed at the same stage, if any, in the new scale
and if there is no such stage, at the stage next
below in the new scale and the dierence
allowed as personal pay to be absorbed in
future increases in pay. In both the cases, the
next increment will be drawn on the date of
increment in the old scale or in the new scale,
whichever is earlier.

(2) In cases where the minimum pay of the

revised scale is higher than the pay drawn by
the Government servant in the old scale, his
pay will be xed at the minimum of the revised
 scale. A question has been raised as to when the
Government servant will be eligible to draw the
next increment after such initial pay
xation at the minimum of the scale.

(3) It is hereby clari ed that the next increment in

the cases of the kind mentioned in the preceding
paragraph should be allowed in the revised
scale, only after completion of full incremental
period of 12 months / 24 months, as the case
may be, at that stage, from the date of Hxation of
initial pay in the revised scale, subject to the
provisions of FR-26.

[Authority: Government Of India, Ministry Of

Home A airs, Deptt.Of Personnel & A.R., O.M.
No.F-13/14/83-Estt.P-I, 09.01.1984]

← IREC Rule No.1316: [FR-22(C)] Fixation Of Pay On Promotion From

One Substantive Post To Another Carrying Duties Of Greater
Importance

IREC Rule No.1318: (FR-24) Increments In Time-scale →

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