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The utility of this rule lies in its applicability to cases of fixation of Pay where the application of normal rules gives rise to extreme hardship or difficulties. The main rule governing fixation of pay on promotion or on initial appointment to a post is FR 22(I). The Competent Authorities may, in their discretion, fix the pay of a Government Servant at a stage higher than that permissible, under FR 22(I) by invoking the powers under FR 27. There are, however, certain limitations to the use of their discretion; for example, it is a long established convention that FR 27 should not be resorted to in any case in order to give a higher initial pay than the recommended by the UPSC. The powers to disregard the provision of FR22(I) must be exercised with discrimination. Recourse should not be taken to FR 27 so often to reduce FR 22(I) to a mere nullity The powers under FR 27 shall not be used to grant premature increments in the following cases:- i. As reward for meritorious work; ii. in disregard of the advice given by the Ministry of Finance in any individual case of fixation of pay; iii. in disregard of the normal rules governing fixation of pay except in cases of hardship or where the circumstances are unusual; or iv. To take into account the monetary equivalent of certain perquisites allowed, special pay drawn, or Deputation Allowance granted in a previous post, for the purpose of fixing the initial pay on appointment to another post where such monetary benefits are not admissible. These orders do not affect the use of FR 27 where specifically allowed under special Government orders already in existence. Condone of resignation for the purpose of fixation of pay- The Government of India have decided that in cases where Government Servant apply for posts in the same or other departments through proper channel and on selection, they are asked to resign the previous posts for administrative reasons, the benefit of past service may, if otherwise admissible under rules, be given for purposes of fixation of pay in the new post treating the resignation as a ‘technical formality’. This benefit is admissible also to Government servants who applied for posts in same or other Departments before joining Government service and on the account the application was not routed through proper channel. The pay in such case may be fixed under FR 27. Wrong fixation under FR27- Once fixation was done by Competent Authority in exercise of the discretion vested in it under FR 27 that authority was not competent under the law to reduce initial pay originally fixed even when such pay was based on some data which subsequently turned to be incorrect. [GIO (14), FR 27] Para 2 of BSNL corporate office letter dated 19-03-2013 cited above reference (6) reads as follows “The benefit of the above orders (i.e 03-01-2012, 19-03-2012 and 20-12-2012) is applicable from the date of joining the service in case of DR. executive and from the date of promotion in case of departmental candidates. Thus all the executives who belong to the JTO batches of 2007 & 2008 recruitment years and JAO DR. and Departmental specified in the above mentioned orders are eligible to get the aforesaid benefit irrespective of the fact that they resigned or took VRS before the issue of said orders.” The 2007 & 2008 JTOS’ recruitment comprises of DR.JTOs recruited from the open market and the internal Officials (TTAs) selected against DR. JTO Quota. Hence departmental candidates as mentioned in the BSNL Corporate Office letter dated 19-03-2013 refers to the Internal Officials (TTAs) recruited against DR.JTO Quota as Departmental Outsiders. Further it is clearly mentioned that all the Executives who belong to the JTO batches of 2007 & 2008 recruitment years and JAOs DR (2010 Batch) and Departmental specified in the above mentioned orders are eligible to get the aforesaid benefit. Para 2 and 3 of BSNL Corporate Office letter dated 11-11-2014 cited above reference (7) reads as follows “ It is informed that clarification regarding benefits of past service for fixation of pay in the post of DR. JTO has already been issued vide point no ‘4’ of this office letter no. 5-31/2001-Pers-IV dated 23.06.2010. However the matter has been examined in consultation with EF branch of this office and it is clarified that para‘4’ of the above clarification will be applicable to internal officials selected against DR. JTO quota of 2007 and 2008 batch also, provided they have applied through proper channel.” TELEWAVE 15 MARCH-2016