1000 TIT BITS ON DISCIPLINE -132
536. Pay fixation on Reduction.
F.R. 28 provides that the authority which orders such a penalty may allow the Government servant to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper, but such pay should exceed the pay which he would have drawn by the operation of F.R. 22, read with clause (b) or clause (c), as the case may be of F.R. 26. Once the pay is so fixed, the regulation of increments in the lower appointment will be made under the normal rules unless the increments in that post are also withheld
[GI MOF O.Ms. No. F.2(47)E.III/60, dated 16-8-1960 and No. F.2(18)-E. III/61, dated 17-5-1961).
537. Pay fixation does not amount to double jeopardy.
It has been held by the Supreme Court in Union of India v. G. Veerasamy, (2003)10 SCC 251, that where the rules allow pay fixation on reduction to a lower stage, such pay fixation does not amount to double jeopardy.
538. Pay fixation on Restoration.
Where the penalty is for a specified period, the pay on restoration to the original post or grade shall be regulated -
(i) if the order of reduction lays down that the period shall not operate to postpone future increments, the Government servant shall be allowed the pay which he would have drawn in the normal course but for his reduction to the lower post.
(ii) if the order lays down that the period of reduction shall operate to postpone his future increments, for any specified period which shall not exceed the period of reduction to the lower post or grade, the pay of the Government servant on restoration shall be fixed in accordance with (i) above, but after treating the period for which increments are to be postponed as not counting for increments (ibid.)
539. Pay fixation on re-appointment to the higher post.
Where the penalty is for an unspecified period, if and when the Government servant is re-appointed to the higher post in the normal course, the pay in the higher post shall be regulated in accordance with the normal rules relating to pay fixation
540. Compulsory Retirement
The penalty differs from ‘Dismissal or ‘Removal form Service' in regard to retirement benefits. While dismissal or removal from service entails forfeiture of past service and deprivation of retirement benefits [Rule 24, C.C.S. (Pension) Rules, 1972] (except the grant of compassionate allowance on humanitarian grounds, in deserving cases), the person on whom the penalty of Compulsory Retirement is imposed remains entitled to the proportionate pension on the basis of the service rendered by him [Rule 40, ibid.]. There is also no bar to his re-employment under the Government. Right to leave preparatory to retirement is, however, forfeited in view of the provisions of S.R. 234.
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