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Section 12: Pay on re-appointment after a break

These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Pay and Allowances) Regulations, 2008.State Regulations of Maharashtra · 1981

The provisions of regulation 10 do not apply in the case of a Trust servant who is re-appointed after a physical break exceeding twenty-four hours following resignation, removal or discharge on reduction of establishment or after invalidation out of service, Such an appointment amounis tw a fresh appointment for the purpose of regulation 10, and the Trust servant will therefore, draw the minimum of the time=seale: Tf in any case it is considered that a higher vate of pay should be given, the pase can he dealt with under regulation 250 Note ~If the new appointment involves movement from one | station to another, for the purpose of computing “Physical break of more than 24 hours”, the maximum period to cover actual journey shall be excluded.

13, When pay of a post is changed.- The holder of a post, the pay wf which is changed, shall be treated as if he were transferred to a new post on the new pay:

15

Provided that, except in cases where the pay-scale of the post has been changed as a result of change in the duties or responsibilities, he may al his option, retain his old pay until the date on which he has earned his next or any subsequent increment, on the old scale or until he vacates his post or ceases to draw pay in that time-scale. The aption once exercised is final Note 1~ The option to retain the old scale under this regulation is also available to a Trust servant not actually holding the postat the time of revision of the scale provided that,- - ) ) - - iy heholds a lien or suspended lien on that post, or (i} it is eertified by the authority competent to male appointment to the lower post that he would have held that post but for holding a higher post, Note @ - The option exercised under this vegulation should bean option between clear alternatives so that if an option 15 exercised when the alternanives are not clear or the alternatives with reference to which option was exercised are subsequently altered by orders having retrospective effect or otherwise, the option becomes vitiated and. as such must be held to be null and void from the beginning, Note 8- A Trust servant under suspension should be allowed to exercise the option under the above regulation when the pay scale attached to his post is changed, even while he is under suspension. The result of such option will be that when the revised scale of pay takes effect from a date prior to that of suspension, he will be entitled to the benefit | ef the increase in pay, ifany, in respect of the duty period | before suspension, and also in the subsistence allowanee for the period of suspension, [Phowever, the revised scale of pay fakies effect from the date falling within the period of suspension, the benefit of option will acerue to him in respect of the period of suspension only afier his reinstatement, depending on the fact whether the period of suspension 15 treated as duty or not, Nate 4~ The option referred w in the above regulation should be exercised and communicated to the Executive Ofticer within a period of two months from the date of issue of arders sanctioning the revised scale. Failure to do so will mean that the incumbent has automatically come aver to the revised scale from the date from which the revision is effective.

116 14, Pay on reversion ta lower post as a penalty.- The anthority which orders the transfer of a T'rust servant as a penalty from higher to lower grade or pest, may -allow him to draw any pay, not excecding the maximum of the lower grade or post, which it may think proper:~

Provided that, the pay allowed to be drawn by a Trust servant under this regulation shall not exceed the pay “which he would have drawn by the operation of Regulation 10 read with sub-regulation (1) or (2), as the case may be, of regulation 27.

15, Relation of officiating pay to substantive pay.- (1 '} Except in the cases covered Dy sub-regulation (3) of regulation 10, if the pay of a Trust servant, officiating in a post is at any time, less than his substantive pay, he shall draw his substantive pay, {2) Tf a Trust servant is officiating in a post curying duties and responsibilities of greater importance than those attached to the post held by him in a substantive cipacity and, if there is an enhancement in his substantive pay as 4 result of increment or otherwise, his pay in the payscale of the higher post shall he refix at the stage next ahove his subistantive pay, if such refixacion 15 to his advantage.

Note- The provisions contained in this regulation will not be applicable in the following cases, namely:

(&) 4 Trust servant whose increment 15 withheld with or without permanent cffect, as a measure of punishment, (b} & Trust servant who is on probation.

Where this provision sits

ActThese Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Pay and Allowances) Regulations, 2008.
Section12
Marginal notePay on re-appointment after a break
JurisdictionState of Maharashtra
StatusIn force as published by the source

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