THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

Explanation 1.—Where a Government servant is appointed or promoted to a higher post in hisregular line while he is holding an intermediary post outside his regular line, the presumptive pay ofthe Government servant in the lower post which he would have drawn in his regular line but for hisappointment on deputation or transfer of service to an intermediary post outside his regular line aloneshall be taken into account for the purpose of fixation of his pay under this rule.[G.O.Ms.No.434, Finance (F.R.I.), dated 2nd May 1975.]Explanation 2.—Where a Government servant is appointed or promoted to a higher post in hisregular line while he is holding an intermediary post outside his regular line and on which he is havinga lien or service rights shall be allowed initial fixation of pay under Fundamental Rule 22 (a) or (b)according as the higher post carries duties and responsibilities higher than those attached to theintermediary post outside the regular line. For this purpose, his pay in the post outside the regular lineshall be taken only where he has a lien or service rights in that post. Where a Government servantdoes not have lien or service rights in intermediary posts outside the regular line, his initial pay fixationshall be governed by F.R. 22-B as in Explanation-1.[G.O. Ms. No. 956, Personnel and Administrative Reforms (F.R.I.), dated 30th August 1976 - witheffect from 2nd May 1975.]Explanation 3.—Omitted.[G.O. Ms. No. 778, Personnel and Administrative Reforms (F.R.III) Department, dated 8th August1986—with effect from 1st October 1984.]Explanation 4.— Cases where the period of absence is treated as “non-duty” under rule 18, thesixth proviso to this rule shall not apply and the period of service prior to such “non-duty” shall notcount for increment.[G.O. Ms. No. 764, Personnel and Administrative Reforms (FR. III) Department, dated 31st July1985—with effect from 31st July 1985.]RULINGS(1) The orders of the Government shall be necessary for the fixation of pay of a Governmentservant under Fundamental Rule 22-B if he is appointed to a post to which service rules or adhocrules have not been framed.(Finance Memo. No. 160950/F.R./65-2, dated 20th January 1966.)(2) In case where both the senior and junior are drawing the same rate of pay in the lower post, thesenior who was promoted to the higher post before drawing the next increment in the lower postwould be drawing less pay than his junior, who was promoted to the higher post after drawing the nextincrement in the lower post. In such cases, the pay of the senior officer in the higher post should bestepped up to a figure equal to the pay fixed for the junior officer in that higher post and the steppingup should be done with effect from the date of promotion or appointment of the junior and also subjectto the following conditions:—(i) Both the junior and senior officers should belong to the same cadre and the post in whichthey have been promoted or appointed should be identical and in the same cadre;(ii) The scales of pay of the lower and higher posts in which they are entitled to draw payshould be identical;(iii) The anomaly should be directly as a result of the application of Fundamental Rule 22-B.For example, if, even in the lower post the junior officer draws from time to time, a higher rate of paythan the senior by virtue of grant of advance increments, the provisions contained in this order shouldnot be invoked to step up the pay of the senior officer; and(iv) The orders refixing the pay of the senior officers in accordance with the provisions of thisorder should be issued under Fundamental Rule 27. The next increment of the senior officer will bedrawn on completion of the requisite qualifying service with effect from the date of refixation of pay.The above ruling shall take effect from the 1st September 1966. Cases of seniors drawing lesspay than juniors in respect of promotions occurring on or after the 1st June 1962 shall also beregulated under the above ruling but the actual monetary benefit shall be admissible only with effectfrom the 1st September 1966.(G.O. Ms. No. 1374, Finance, dated 9th December 1966.)37