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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.6714 of 2018
and
W.M.P.No.8492 of 2018, DATED: 08.12.2022
Fundamental Rule 22B of the Tamil Nadu Government provides that, when a Government servant holding a post in a substantive or officiating capacity is appointed in a substantive capacity to another post, his initial pay in the level of the higher post in the pay matrix shall be fixed by granting one increment in pay in the level of the lower post and he shall be placed at a cell equal to the pay so arrived at in the level of the higher post in the pay matrix of the higher post. If the pay so arrived at in the level in the lower post after granting one increment is lower than the minimum pay or the first cell in the level of the higher post, the initial pay shall be fixed at minimum pay or the first cell of the level of higher post.
FR.22-B Clarification
FR.22-B, a Government servant on promotion/appointment to a higher post involving assumption of duties and responsibilities of greater importance than those attached to the post held by him, shall have option for fixation of pay under FR.22-B from the date of such promotion/appointment or initially in the manner as under FR.22(1)(b)(i) and refixation of pay under FR.22-B on the date of accrual of next increment in the lower post. The option should be exercised within one month from the date of promotion/appointment, failing which pay shall be fixed under FR.22-B on the date of promotion/appointment to the higher posts. Instances have come to the notice of the Government that, after having fixed the pay of the Government servant in the higher post, his pay in the lower post has been refixed, consequently the date of his increment in the lower post have been changed and pay in the higher post required refixation with reference to the revised pay in the lower post. A point arose, whether in such case, the individual can be allowed revised option for fixation of pay. Again in the case of temporary promotion, pay is fixed under FR.22-B, if the individual satisfies all the rules relating to regular appointment to the post. In such cases, if the services of the individual are regularized, from a date subsequent to the date of initial temporary promotion/appointment his pay should be refixed in the higher post with effect from the date of regularization of services in the higher post and increments, if any, granted should be revised. A point arose, whether in such cases also, the individual can be allowed revised option. Government have examined the above matter and decided to give revised option in the above cases.
The Government accordingly direct that, revised option for fixation of pay under fifth proviso to FR.22-B shall be admissible when the pay of a Government servant is refixed in the higher post, consequent on the revision of his pay in the lower post, or consequent on the regularization of his services in the higher post from a date susbsequent to the date of initial temporary promotion/appointment to the higher post which the pay is already fixed.
