Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Central Civil Services (Revision Pay ) Rules, 1997

Wednesday, June 30, 2010
Central Civil Services (Revision Pay ) Rules, 1997

Central Civil Services (Revision Pay ) Rules, 1997 (came into force on 1st day of January 1996 — Rules 3(2) and 3(5) — Words “Existing scale” and “Revised scale” — Meaning of — Held, “existing scale” in relation to a Government servant means the present scale applicable to the post held by the Government servant (or as the case may be, personal scale applicable to him) as on the 1st day of January, 1996 whether in a substantive or officiating capacity — “Revised scale” in relation to any post specified in column 2 of the First Schedule means the scale of pay specified against that post in column 4, thereof unless a different revised scale is notified separately for that post.

 
Central Civil Services (Revision Pay ) Rules, 1997

Central Civil Services (Revision Pay ) Rules, 1997 (came into force on 1st day of January 1996 — Rules 5, 6 and 7 — Exercise of option by the Govt Servant — Held — On a combined reading of Rules 5 and 6, it is clear that a Government servant under suspension on the 1st day of January, 1996 is entitled to exercise his option within three months of the date of his return to duty if that date is later than the date prescribed in the sub rule and if the intimation is not received he is deemed to have elected to be governed by the revised scale of pay with effect on and from the 1st day of January, 1996 on his return to duty — Respondent herein did not return to duty since he was dismissed from service and hence there was no question either exercising the option or the application of the deeming provision. Ref: Government of India order G.M.O.M. No. F-2(36)-Ests/-III/58 dated 27th August, 1958.

 
Central Civil Services (Revision Pay ) Rules, 1997

Central Civil Services (Revision Pay) Rules, 1997 (came into force on 1st day of January 1996) — Rules 5, 6 and 7 — FR 53(1)(ii)(a) with the clarification with Office Memorandum dated 27th August, 1958 — Revised Pay Rules came into force on 1st January, 1996 when the respondent was under suspension and later he was dismissed from service on 04.08.2005 — Held, the benefit of pay revision or the revision of subsistence allowance did not accrue to him — The Tribunal as well as the High Court have committed an error in holding that the respondent is entitled to the benefit of Revised Pay Rules. Ref: Government of India order G.M.O.M. No. F-2(36)-Ests/-III/58 dated 27th August, 1958.

 
Central Civil Services (Revision Pay ) Rules, 1997

Central Civil Services (Revision Pay) Rules, 1997 (came into force on 1st day of January 1996) — Rules 5, 6 and 7 — FR 53(1)(ii)(a) with the clarification with Office Memorandum dated 27th August, 1958 — Whether Govt. servant is entitled for the subsistence allowance based on the pay revision while he was under suspension — Held, on a combined reading of Note 3 to Rule 7 of the Revised Pay Rules and FR 53(1)(ii)(a) with the clarification with Office Memorandum dated 27th August, 1958 it is clear that if the revision of pay takes effect from a date prior to the date of suspension of a Government servant then he would be entitled to benefit of increment in pay and in the subsistence allowance for the period of suspension, but if the revision scale of pay takes effect from a date falling within the period of suspension then the benefit of revision of pay and the subsistence allowances will accrue to him, only after reinstatement depending on the fact whether the period of suspension is treated as duty or not. Ref: Government of India order G.M.O.M. No. F-2(36)-Ests/-III/58 dated 27th August, 1958.

 
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