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Rule 35 - Officiating Pay | KartavyaDesk

FR/SR

Original Rule Text

F.R. 35. The Central Government may fix the pay of an officiating Government servant at an amount less than that admissible under these rules.

What This Means

Fundamental Rule (FR) 35 grants the Central Government the authority to set the pay of a government employee who is temporarily holding a higher position (officiating) at a rate lower than what would normally be calculated based on the rules. This means that even if the standard calculation suggests a certain pay scale for the officiating role, the government has the discretion to offer a lower amount. This rule is not frequently invoked but provides flexibility in specific circumstances.

This rule is primarily applicable when the government believes that paying the full officiating pay would be financially unsustainable or inappropriate given the nature or duration of the officiating assignment. It affects government employees who are temporarily promoted or assigned to a higher post, particularly in situations where the government deems it necessary to control expenditure or where the officiating arrangement is of a very short duration or involves minimal additional responsibilities. The decision to apply FR 35 rests with the Central Government and is subject to administrative review.

Essentially, FR 35 acts as a safeguard, allowing the government to manage its financial resources effectively while still ensuring that employees are compensated fairly for their work, even in officiating capacities. It's a discretionary power that is used judiciously, balancing the employee's entitlement with the government's fiscal responsibility.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •FR 35 allows the Central Government to fix officiating pay below the standard calculation.
  • •The rule provides flexibility for managing government finances during temporary promotions.
  • •It applies to government servants officiating in higher posts.
  • •The decision to apply FR 35 rests with the Central Government.
  • •The rule is used judiciously, considering both employee entitlement and fiscal responsibility.

Practical Example

Ms. Anjali Sharma, a Section Officer in the Ministry of Finance, is asked to officiate as an Under Secretary for a period of three months due to the incumbent's long-term leave. According to the standard rules, her officiating pay would be calculated based on the Under Secretary's pay scale, potentially resulting in a significant increase. However, given the short duration of the officiating assignment and the Ministry's budget constraints, the Central Government decides to invoke FR 35. Instead of the full officiating pay, Ms. Sharma receives a fixed allowance of ₹5,000 per month in addition to her regular pay as a Section Officer. This is deemed fair compensation for the additional responsibilities without significantly impacting the Ministry's budget. This decision is communicated to Ms. Sharma in writing, explaining the application of FR 35.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

Does FR 35 mean the government can arbitrarily reduce my pay when I officiate?▼
No, FR 35 is not arbitrary. It's a discretionary power of the Central Government, used judiciously and typically in situations where full officiating pay is deemed unsustainable or inappropriate. You should receive written communication explaining the application of FR 35.
Can I appeal if FR 35 is applied to my officiating pay?▼
Yes, you can appeal the decision through the appropriate administrative channels within your department. Your appeal should clearly state the reasons why you believe the application of FR 35 is unjustified in your case.
Is FR 35 frequently used?▼
No, FR 35 is not frequently used. It's reserved for specific circumstances where the government deems it necessary to manage its financial resources effectively during temporary promotions or assignments.
Does FR 35 affect my pension benefits?▼
The impact on pension benefits depends on the length of the officiating period and the specific pension rules applicable to you. Consult with your department's pension cell for clarification.
What factors does the government consider before applying FR 35?▼
The government considers factors such as the duration of the officiating assignment, the financial implications of paying full officiating pay, the nature of the additional responsibilities, and the overall budgetary constraints.

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 Fundamental Rule 35, which entity has the authority to fix the pay of an officiating Government servant at an amount less than that normally admissible?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 113Fundamental Rules & Supplementary Rules - Rule 113 - Chapter VII

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