Rule 29 - Pay Fixation After Penalty Reversal
Original Rule Text
F.R. 29. (1) If a Government servant is reduced as a measure of penalty to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent.
(2) If a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower time-scale, the authority ordering the reduction shall specify,—
(a) the period for which the reduction shall he effective;
(b) whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent; and
(c) whether the Government servant shall regain his original seniority in the higher service, grade or post or time-scale on his restoration to the service, grade or post or time-scale from which he was reduced.
F.R. 29-A. Where an order of penalty of withholding of increment of a Government servant or his reduction to a lower service, grade or post, or to a lower time-scale, or to a lower stage in a time-scale, is set aside or modified by a Competent Authority on appeal or review, the pay of the Government servant shall, notwithstanding anything contained in these rules, be regulated in the following manner:—
(a) If the said order is set aside, he shall be given for the period such order has been in force, the difference between the pay to which he
would have been entitled had that order not been made and the pay he had actually drawn;
(b) If the said order is modified, the pay shall be regulated as if the order as so modified had been made in the first instance.
EXPLANATION.— If the pay drawn by a Government servant in respect of any period prior to the issue of the orders of the Competent Authority under this rule is revised, the leave salary and allowances (other than Travelling Allowance), if any, admissible to him during that period shall be revised on the basis of the revised pay.
What This Means
FR 29-A deals with a situation where a penalty imposed on a government employee, such as withholding an increment or reducing their rank/pay, is overturned or changed by a higher authority after an appeal or review. This rule explains how the employee's pay should be adjusted in such cases, overriding any other conflicting rules. Essentially, it ensures that the employee is fairly compensated after the penalty is deemed inappropriate or excessive.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies when a penalty (withholding increment, reduction in rank/pay) is overturned or modified.
- 2Deals with the regulation of pay after the penalty is reversed.
- 3The Competent Authority's decision on appeal/review is crucial.
- 4This rule takes precedence over other conflicting rules regarding pay fixation.
- 5Aims to ensure fair compensation after an incorrect penalty.
Practical Example
Mr. Verma, a Junior Engineer, had his increment withheld for one year due to a minor procedural lapse. He appealed this decision, and the appellate authority found the penalty too harsh and reduced it to a warning. As per FR 29-A, Mr. Verma's pay will now be re-fixed as if the increment was never withheld. He will receive arrears for the period his increment was wrongly withheld, and his future increments will be calculated based on the original schedule. If, instead, Mr. Sharma, a Section Officer, was demoted to Assistant Section Officer and his pay reduced, and this demotion was overturned on appeal, his pay would be restored to what it was before, and he would receive arrears for the difference.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What happens if my increment was withheld, but the order is later reversed?▼
Does this rule apply if my penalty is only partially modified?▼
Who is considered the 'Competent Authority' in this context?▼
If my pay is restored, will I also get back my seniority?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to F.R. 29-A, when does the rule regarding pay regulation apply?