Fixation of pay under fr 49(iii) - reg.
Vasudevan
(Querist) 17 April 2026
This query is : Resolved
Respected Learned Experts. I am a central government retired employee. While I was in service, I had been assiged with the duties and role of an higher officer (my next promotional cadre) from 11.04.2014 to 25.01.2017. After my retirement, I had asked for the pay benefit under FR 49(iii) for discharging the duties of the higher post. My request has been turned down by the Competent Authority in the year 2023 stating the provision of FR 49(v). I had immediately filed OA before the CAT. During the argument, the Bench has raised query on the delay of 6 years in filing the OA, It has further raised an objection that the role/duties of the higher post is only assigned and you have not been appointed on current charges to that post. The Respondent department has not raised the query of delay in its reply version. Similarly, it is the fault of the Respondent who had directed to discharge the work of the higher post without any formal appointment order to the higher post. In the above circumstances, I request all the Learned Experts kindly to suggest how to anwer the query raised by the Bench. Whether duty assigned to discharge the higher post in the absence of formal appointment order to that post is an offence committed by me. It is the directions issued by the Head Office to all the Branch Head to assign the work of the higher post who are holding next below lower post. Please guide me with your expertise know;edge as I am appearing as Party In Person before the Tribunal. My sincere thanks to one and all in the Expert Forum for your continued tireless guidance extended to me in all these days. Once again thanks in anticipation.
T. Kalaiselvan, Advocate
(Expert) 18 April 2026
Even though you are appearing as party in person, if you don't know the procedures of law or law itself then there's no point in fighting it as party in person, you will lose the case very easily and soon
Hence you better consult an experienced lawyer in the local outside court and pursue the matter as suggested.
Dr. J C Vashista
(Expert) 18 April 2026
It is advisable to contact, consult and engage a local prudent lawyer practicing / service matters in CAT/ High Court / Supreme Court to protect your interest
Vasudevan
(Querist) 18 April 2026
Respected Learned Experts, I am not financially sound enough to engage a profesional to pursue my case. Please suggest the points on the query raised by me and oblige. Once again thanks to one and all in the Forum.
T. Kalaiselvan, Advocate
(Expert) 19 April 2026
You can get only limited advise or opinions through public forums like this hence in your interest you approach an advocate for personal and elaborate advises.
Vasudevan
(Querist) 19 April 2026
Much obliged by the response of the Learned Experts S/Shri T. Kalaiselvan and Dr. J.C. Vashista. Once again thank you to one and all in the Forum.
kavksatyanarayana
(Expert) 19 April 2026
If you are appointed as FAC of that higher post, then you will get the benefit under FR.49. Not necessary to get separate orders if you are given FAC.
Vasudevan
(Querist) 20 April 2026
Much obliged for the response of Learned Expert Shri KAVK Satyanarayana. Kindly tell me what is the abrevation of FAC please.
Vasudevan
(Querist) 21 April 2026
Respected Learned Expert, please clarify what is FAC.
T. Kalaiselvan, Advocate
(Expert) 21 April 2026
You may please note that Under FR 49(iii) a Government servant who is formally appointed to hold full additional charge of another post is entitled to additional pay.
The quantum is 10% of the basic pay of the additional post, subject to conditions.
namely that the additional post must be in the same office or another office under the Government. The additional charge must be independent and substantial, not routine. The arrangement must be formally ordered by competent authority. This is not a promotion, but just a dual responsibility arrangement.
Also note that the additional pay is generally allowed only if the arrangement exceeds 14 days. Pay is calculated from the date of assumption of additional charge, subject to this condition. The ceiling will be thus, i.e., Total pay (original + additional) should not exceed the pay of the higher post. If duties are full-fledged and independent, FR 49(iii) applies.The FR 49(iii) compensation applies till officiating promotion is granted.
In service law (especially under FR 49), FAC means a Government servant is entrusted with Full Additional Charge of another post, in addition to their own duties.
Vasudevan
(Querist) 22 April 2026
Respected Learned Expert Shru T. Kalaiselvan, I much obliged for your detailed explanation and guidance. Once again my heartiest thanks to one and in the Expert Forum.
Vasudevan
(Querist) 27 April 2026
Much obliged to Learned Expert Shri KAVK Satyanarayna sir. Once again my sincere thanks to one and all in the Forum.
