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Rule 39 - Temporary Post Pay | KartavyaDesk

FR/SR

Original Rule Text

F.R. 39. Pay of temporary posts.— When a temporary post is created which may have to be filled by a person not already in Government service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post.

What This Means

Fundamental Rule 39 (FR 39) deals with how the salary is determined for temporary positions created within the government. Essentially, it states that when a new temporary post is established, and it's likely to be filled by someone who isn't already a government employee, the salary offered should be the minimum amount necessary to attract a qualified candidate. The goal is to ensure the government can secure competent individuals to perform the job effectively without overspending.

This rule applies specifically when a temporary position is created and the government anticipates hiring someone from outside the existing government workforce. It directly affects the department creating the position, the finance department responsible for approving the budget, and potential candidates applying for the temporary role. It ensures a balance between attracting talent and responsible use of public funds.

In essence, FR 39 promotes fiscal prudence by preventing inflated salaries for temporary positions while ensuring the government can still attract qualified individuals to fill these roles. This is a key aspect of efficient public administration and resource management.

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

Key Points

  • •Applies to temporary posts intended to be filled by non-government employees.
  • •Pay is fixed at the minimum necessary to attract a qualified candidate.
  • •Aims to balance attracting talent with fiscal responsibility.
  • •Focuses on efficient use of public funds.
  • •Affects hiring departments, finance departments, and potential candidates.

Practical Example

The Ministry of Agriculture decides to create a temporary position for a 'Data Entry Operator' to assist with a new agricultural census project. They anticipate hiring someone from outside the government service. According to FR 39, the ministry, in consultation with the finance department, must determine the minimum salary required to attract a candidate with the necessary skills (e.g., typing speed, data entry experience). They research prevailing market rates for similar roles in the private sector. After assessment, they determine that a salary of ₹25,000 per month is sufficient to attract qualified candidates. They cannot arbitrarily set the salary at ₹40,000 without justification, as that would violate the principle of FR 39. The justification for the ₹25,000 salary is documented and approved before advertising the position.

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 no one applies at the initially fixed salary?▼
The department can re-evaluate the salary based on market conditions and the skills required. They need to justify any increase and obtain necessary approvals.
Does FR 39 apply if the temporary post is filled by an existing government employee?▼
No, FR 39 specifically addresses situations where the temporary post is likely to be filled by someone *not* already in government service. Other rules would apply to existing employees.
How is the 'minimum necessary' salary determined?▼
It's determined by considering factors like the skills required, market rates for similar roles, and the budgetary constraints of the department. Research and documentation are crucial.
Is FR 39 applicable to contractual appointments?▼
Yes, FR 39 is applicable to contractual appointments where the appointee is not already a government employee. The principle of fixing the pay at the minimum necessary to secure the services of a capable person still applies.
What documentation is required when fixing the pay under FR 39?▼
Documentation should include the justification for the salary level, research on market rates, and approvals from relevant authorities, such as the finance department. This ensures transparency and accountability.

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 39, when fixing the pay of a temporary post likely to be filled by someone not already in government service, what is the primary consideration?

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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