Officiating at a higher post
Raja Babu
(Querist) 02 June 2011
This query is : Resolved
Very frequently is is seen, even in govt. service that a person is asked to officiate at a higher post. Generally officiating carry an officiating allowance which is a small fraction of difference of pays of two posts. I would like to know
1. Is there a maximum time for which a person can be asked to officiate at a higher post (as per govt of india service regulations)
2.Since the employee concern is supposed to discharge all the duties associated with higher post but his pay and perks are not at par, isn't it against equal pay for work policy? in other words an exploitation?
Isaac Gabriel
(Expert) 02 June 2011
Owing to public exigencies the higher officlas have to be assinged additional charges of vacant posts to meet out unforseen emergencies. There is no time limit for such additional charges of officiating posts.It is a responsibility casted upon the Government servants in accordance with the service regulations and so it will not attract the point No.2
R.Ramachandran
(Expert) 03 June 2011
Dear Mr. Raja,
I think you are confusing the issues.
If a person is asked to officiate in the higher post, then he will get all the pay benefits as applicable to the higher post during the time when he is officiating in the higher post. (I do not know what do you mean by saying 'pay and perks are not at par').
HOWEVER, INSTEAD OF OFFICIATING, IF THE EMPLOYEE IS ONLY ASKED TO LOOK AFTER THE HIGHER POST, then he will not get any higher pay benefits.
So you have to be very clear whether it is 'officiating' or 'looking after'?
Raja Babu
(Querist) 03 June 2011
Thanks Mr Isaac and Mr Ramchandran.
Mr Ramchandran, I am not confusing. I mean officiating not looking after.
As far as I know after implementation of 6th pay commission, Govt of India officials may get at most Rs 2000 as officiating allowance.
Now assume an officer who is in pay band 3 has to officiate in a post of PB-4 he will get 2000/- as officiating allowance whereas on average the difference of pay is not less than 10000/-. If this officiating continues for years, I call it exploitation. However as Mr Issac clarified one has to (suffer) because his higher authorities are not finding time to finalise promotion list in time.
R.Ramachandran
(Expert) 03 June 2011
Dear Mr. Raja,
Please paste the orders whereby you (or anyone in whose behalf you posted the query) have been asked to officiate. Let me see.
Please also indicate the order / government rules under which 'Officiating Allowance' is being granted. (I am not sure whether this is the new rule introduced after the 6th pay commission.)
Raja Babu
(Querist) 04 June 2011
It is difficult to paste the officiating order but I am pasting the 2nd one
No.F.1/4/2009-Estt(Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi the 8th March, 2010.
OFFICE MEMORANDUM
Subject: Restriction of officiating pay under FR 35 - clarification - regarding.
The undersigned is directed to say that in terms of the provisions contained in Fundamental Rule 35, the Central Government may fix the pay of an officiating Government Servant at an amount less than that admissible under the Fundamental Rules. Accordingly, orders have been issued from time to time indicating the circumstances and the extent to which provisions of FR 35 would apply. This Department's OM NO. 18/7/98-Estt (Pay-I) dated 15th December, 1998 lays down the ceilings based on the pay scales sanctioned by the Government on the recornendation of the Fifth Central Pay Comission.
2. The question of revising these ceilings consequent upon implementation of CCS(RP) Rules, 2008, which have replaced pre-revised pay scales by the running pay bands and grade pay, has been considered by the Government and the President is pleased to decide to replace the existing criteria of basic pay regarding imposition of the above restriction by the criteria of pay in the pay band. Accordingly, the pay under FR 35 shall be restricted so as not to exceed the basic pay in the revised scales by more than the amounts shown below:
a) For employees in receipt of Pay in the pay band above Rs.14,880 p.m.
12-1/2% of the basic pay subject to a maximum of Rs.2,000 p.m. (including the difference of grade pay between the feeder and the promotional post)
a) For employees in receipt of Pay in the pay band upto Rs.14,880 p.m.
15% of the basic pay subject to a maximum of Rs.2,000 p.m. (including the difference of grade pay between the feeder and the promotional post)
3. Insofar as the rate of increment to be drawn in cases where the pay is fixed under FR 35 is concerned, the Government servant may be allowed to draw his annual (F.No.1/4/2009-Estt(Pay-I) dated 8 March, 2010) increment @ 3% of the basic pay granted to him after imposition of restrictions under FR 35.
4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.
5. Hindi version will follow.
(RITA MATHUR)
DIRECTOR ( PAY)
