THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(13) Note under Fundamental Rule 22 shall also apply to cases of fixation of pay underFundamental Rule 22 (1) (a) (ii), that is, to cases not involving assumption of higher responsibilities orduties.(Finance Memorandum No. 95974/FR/59-2, dated 7th November 1959.)(13) Note under Fundamental Rule 22 shall also apply to cases of fixation of pay underFundamental Rule 22 (1) (a) (ii), that is, to cases not involving assumption of higher responsibilities orduties.(Finance Memorandum No. 95974/FR/59-2, dated 7th November 1959.)(14) Note under Fundamental Rule 22 shall apply to regular appointments and not to those madeunder Rule 10 (a) (i) or 39 (a) of the Tamil Nadu State and Subordinate Service Rules.(Finance Memorandum No. 95974/FR/59-2, dated 7th November 1959.)(15) The Statutory Rules issued for the various services will override the Fundamental Rules,where the latter are repugnant to the former. Consequently the pay of an officer appointed to a postin service should be fixed with reference to the Statutory Rules relating to that service notwithstandinganything contained in the Fundamental Rules. Thus when a Government servant holding apermanent post in one service is on probation in a post in another service, in which he is merelyofficiating, enhanced pay in respect of his officiating post may be granted under the Statutory Rulesrelating to that service if admissible under these rules. A declaration from Government as to theadmissibility of officiating promotion under Rule 22 (1) (b) (ii) is not necessary in such cases.(G.O. Ms. No. 485, Finance, dated 31st August 1932.)(16) The condition in Rule 22 (1) (b) (ii) is waived in the cases of Upper Subordinate of the TamilNadu Agriculture Department so as to allow acting promotion from one field rate of pay to anotherwithout change of duty except in vacancies caused by grant of leave other than extraordinary leavewithout allowances.(G.O. Ms. No. 1496, Development, dated 24th October 1922 and(G.O. Ms. No. 2603, Development, dated 13th October 1943 and Finance MemorandumNo. 105731/FR/85-9, dated 7th May 1958.)Counting of service in the special post for increment.(17) (i) It is not intended that the phrase “outside the ordinary line of service” in the second provisoto Rule 22 (1) (b) (ii) should be rigidly interpreted either as “outside the cadre of a service” or as“outside the ordinary time-scale”. The form of words adopted was designed to allow Government toexercise their discretion in regard to cases where exceptional circumstances which could not beforeseen and provided for by rule might arise.(ii) The specification of a post under this proviso will enable a Government servant to countservice in that post for increment in the grade in which he would have officiated had he not beenholding the specified post.(18) Though no change of duties is involved, deputation pay in England may be enhanced onaccount of officiating promotion in India.(Ruling 13, Section IV of Compilation of Audit Rulings.)(19) A declaration by Government that a particular post involves more important duties or duties ofa different character justifies the grant of officiating pay to a Government servant appointed to the postfrom another post in the same cadre.(Ruling 14, Section IV of Compilation of Audit Rulings.)(20) The words “duties” and “responsibilities” used in Rule 22 (1) (b) (ii) are to be interpreted in awide sense as including besides the work to be performed, the general responsibilities and liabilitiesincidental to being member of a particular service.(Comptroller and Auditor-General’s No. 3971-A/676-23, dated 13th September 1923.)31