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Rule 40 - Temporary Post Pay | KartavyaDesk

FR/SR

Original Rule Text

F.R. 40. When a temporary post is created which will probably be filled by a person who is already a Government servant, its pay should be fixed by the Central Government with due, regard to— (a) the character and responsibility of the works to be performed, and (b) the existing pay of Government servants of a status sufficient to warrant their selection for the post.

What This Means

Fundamental Rule (FR) 40 deals with how the government decides the salary for a temporary position when it's likely to be filled by someone already working for the government. Essentially, it ensures fairness and considers the nature of the new job and the existing employee's current pay scale. The government doesn't want to overpay or underpay someone taking on a temporary role, especially when that person is already familiar with government procedures and pay structures.

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

Key Points

  • •Applies specifically to temporary posts likely to be filled by existing government servants.
  • •The Central Government is responsible for fixing the pay.
  • •Pay is determined based on the nature and responsibility of the temporary role.
  • •The existing pay of suitable government servants is a key consideration.
  • •The goal is to ensure fair compensation reflecting the new responsibilities and the employee's current status.

Practical Example

Imagine Ms. Priya Sharma, a Section Officer in the Ministry of Finance drawing a basic pay of ₹60,000. A temporary post of Under Secretary is created for a specific project with a tenure of one year. The Ministry anticipates that Ms. Sharma is the most suitable candidate. Before offering her the position, the Central Government, following FR 40, will assess the responsibilities of the Under Secretary role. Considering the increased workload and decision-making authority, and keeping in mind Ms. Sharma's current pay, they might fix the pay for the temporary Under Secretary post at ₹75,000, ensuring it's commensurate with the new responsibilities and her existing status.

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 40 apply if the temporary post is filled by direct recruitment?▼
No, FR 40 specifically applies when the temporary post is likely to be filled by an existing government servant. Direct recruitment would fall under different rules and regulations.
Who determines the 'character and responsibility of the work' mentioned in FR 40?▼
The Central Government, specifically the relevant department or ministry creating the temporary post, is responsible for assessing and defining the character and responsibility of the work.
What happens if the existing government servant refuses the temporary post due to the offered pay?▼
The government servant is not obligated to accept the temporary post. The department may then consider other suitable candidates or revise the pay scale if necessary, within the framework of FR 40 and other relevant rules.
Is the pay fixed under FR 40 considered pensionable pay?▼
The pensionability of the pay fixed under FR 40 depends on the specific rules governing pension benefits applicable to the employee and the nature of the temporary post. Generally, if the temporary post is later made permanent and the employee is confirmed, the service rendered in the temporary post may be counted for pension.

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 40, which authority is responsible for fixing the pay of a temporary post likely to be filled by an existing government servant?

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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