FR 35 officiating pay limit
FR 35 lets the government cap officiating pay. The 7th CPC limit restricts the increase to 12.5 per cent of basic pay, up to a maximum of Rs. 6,700 a month.
FR 35 is the Fundamental Rule that lets the Central Government cap officiating pay. When a government servant is placed temporarily in a higher post on an officiating basis, the rule allows the government to fix the pay for that higher post at less than the amount otherwise admissible, so that a temporary stint does not automatically confer the full higher-post pay. Under the 7th CPC the cap is expressed as a limit on how much the pay may rise: the increase over the pre-officiating basic pay must not exceed 12.5 per cent, subject to a maximum of Rs. 6,700 a month. This article explains the power, the ceiling, the substantial-increase test that triggers it, the exemption for regular promotions, the pay-matrix placement rules, and the link to the abolished Railways charge allowance.
What FR 35 does
Fundamental Rule 35 empowers the Central Government to fix the pay of an officiating government servant at an amount less than that admissible under the Fundamental Rules. It is, in effect, a power to restrict, and it exists because officiating in a higher post is a temporary, reversible arrangement. Without FR 35, an employee holding a higher post for a short administrative spell could draw the full pay of that post; the rule allows the government to hold the pay down so that officiating pay reflects the temporary character of the charge, not a permanent elevation.
The ceilings under FR 35 have been revised after each pay commission by decision of the Government of India, through the 4th, 5th and 6th CPC orders, and most recently for the pay matrix.
The 7th CPC ceiling
For the pay matrix , the restriction is expressed as a cap on the increase in basic pay. The pay under FR 35 is restricted so that the increase in the basic pay over the post held before the officiating appointment shall not exceed 12.5 per cent, subject to a maximum of Rs. 6,700 a month. The rule is set out in the Department of Personnel and Training Office Memorandum No. 1/4/2017-Estt.(Pay-I) dated 28 February 2019, and it takes effect from the date an employee draws pay in the revised scale under the CCS (Revised Pay) Rules, 2016 . It replaced the 6th CPC ceiling in the order of 8 March 2010, which had operated in the running-pay-band and grade-pay system.
The substantial-increase test
The ceiling works through a substantial-increase test, which decides whether FR 35 bites at all:
- when an officiating appointment is made, the pay is first fixed under the normal rules;
- if the resulting increase over the pre-officiating basic pay is within 12.5 per cent and within Rs. 6,700 a month, there is no substantial increase, and FR 35 is not applied;
- if the increase exceeds 12.5 per cent of the basic pay, or exceeds Rs. 6,700, it is a substantial increase, and the pay is restricted under FR 35.
So FR 35 is not a routine cut on every officiating appointment. It only operates where the normal fixation would produce a jump larger than the permitted 12.5 per cent or Rs. 6,700, which is why many short officiating spells attract no restriction at all.
Regular promotions are exempt
An important limit is that FR 35 is not invoked for a regular cadre promotion. Where the employee who becomes due for promotion falls within the zone of consideration and fulfils all the conditions of eligibility prescribed in the recruitment rules, the restriction does not apply, and the pay is fixed in full under the normal pay fixation on promotion rules. FR 35 is aimed at officiating or ad-hoc appointments to a higher post that are not on a regular basis, not at genuine promotions. This is the same distinction that runs through the treatment of officiating pay : the temporary, reversible arrangement is treated differently from the regular advancement.
Placement in the pay matrix
Applying a percentage cap to a grid of fixed cells raises the question of where exactly the restricted pay lands, and the rules answer it in two situations:
- No matching cell in the officiating level. If, after restriction, there is no cell in the level of the officiating post equal to the figure arrived at, the officer is placed at the next higher cell in that level, even if this breaches the restriction limit, and earns annual increments on that pay.
- Restricted pay below the first cell of the officiating level. If the restricted pay is less than the first cell of the officiating level, the pay is instead fixed in the level of the pre-officiating post. If there is no equal cell there either, the officer is placed at the next higher cell in that lower level, and draws increments there until reaching the minimum of the officiating level. After one year of reaching or surpassing that minimum, the officer becomes entitled to an increment in the officiating level, and the pay is fixed in Cell 2 of that level.
These placement rules keep the restricted pay on a real cell of the matrix while preserving the intent of the ceiling, and they are worked through with illustrations in the DoPT order.
The link to charge allowance
FR 35 officiating pay also absorbed a Railways allowance. In the Railways, officers who officiated in a higher post in administrative exigencies were paid a charge allowance. The 7th CPC did not include charge allowance in its report, so it was abolished, and the Railway Board adopted the DoPT FR 35 officiating pay instructions in its place. So FR 35 officiating pay now does the work that charge allowance used to do for temporary charge of a higher post, within the ceiling described above, a change explained further under charge allowance and current duty .
Frequently Asked Questions (FAQs)
What is FR 35?
What is the FR 35 limit under the 7th CPC?
What is a substantial increase under FR 35?
Does FR 35 apply to a regular promotion?
What happens if the restricted pay has no cell in the pay matrix?
What is the connection between FR 35 and charge allowance?
When did the current FR 35 ceiling take effect?
Related Articles
- Officiating pay
- Charge allowance and current duty
- Fundamental Rule 22
- Pay fixation on promotion
- Pay fixation
- Pay fixation on reversion
- Deputation in central government
- Pay matrix
- Annual increment
- Date of next increment
- Pay protection
- Personal pay
- Railway employees
- Allowances for central government employees
- CCS (Revised Pay) Rules, 2016
- Seniority
- Take-home salary of central government employees
- Central government employees in India
External references
- Department of Personnel and Training
- DoPT establishment (Pay) officiating circulars
- Department of Expenditure
- Ministry of Railways
References
- Fundamental Rule 35: power of the Central Government to fix the pay of an officiating government servant at an amount less than that otherwise admissible under the Fundamental Rules.
- Department of Personnel and Training Office Memorandum No. 1/4/2017-Estt.(Pay-I) dated 28 February 2019: restriction of officiating pay under FR 35 in the context of the CCS (Revised Pay) Rules, 2016, so that the increase in basic pay over the pre-officiating post does not exceed 12.5 per cent, subject to a maximum of Rs. 6,700 a month, with any increase in excess treated as a substantial increase.
- Earlier ceilings under FR 35: Office Memorandum No. 18/7/98-Estt.(Pay-I) dated 15 December 1998 (5th CPC) and Office Memorandum No. 1/4/2009-Estt.(Pay-I) dated 8 March 2010 (6th CPC running pay bands and grade pay).
- Pay-matrix placement rules under the 2019 order: placement at the next higher cell where no matching cell is available in the officiating level even if the limit is breached, and fixation in the level of the pre-officiating post where the restricted pay falls below the first cell of the officiating level, with entry into Cell 2 of the officiating level after one year of reaching its minimum.
- Non-application of FR 35 to regular cadre promotions of employees within the zone of consideration who fulfil the eligibility conditions, and the Railway Board’s adoption of FR 35 officiating pay in lieu of the charge allowance abolished after the 7th CPC.