Section 158 in Bihar Board's Miscellaneous Rules, 1958
158. Acting allowance permissible in Commissioner's and District Officers' establishments.
- It is permissible to appoint any officer holding substantively one of the posts in the upper division of Commissioners, or District Officers' establishments to officiate in any other post carrying higher pay. An officer so officiating will, in the absence of any special order to the contrary, draw as acting allowance the full amount whereby the pay of the post in which he officiates exceeds the pay of the post which he holds substantively. Similarly a lower division clerk, officiating in a post in the upper division will draw the allowance. It will however not be admissible for any officer other than the one actually performing, whether in a substantive or officiating capacity, the duties of a particular post, to draw the pay attached to that post.Illustration 1. - The Treasurer of a district officer drawing a pay of Rs. 150 dies. The man appointed to do the work of Treasurer will draw Rs. 150, the pay of the post, and no other post in the office will be effected in any way thereby unless the actual work of treasurer is given to some existing member of the establishment.Illustration 2. - The Head Assistant in a district office on Rs. 150, goes on six month's leave, and the Revenue Peshkar on Rs. 100 is appointed to perform his duties. The latter will draw [Rs. 50] [Now Rs. 1200.] as acting allowance, if a lower division clerk does the Revenue Peshkar's work he will draw his time-scale pay plus acting allowance equal to the difference between that and Rs. 100. No other change will be made in the upper division i.e., it will not, for instance be permissible to show the second correspondence clerks of Rs. 90 as acting in the post of Revenue Peshkar and the lower division clerk as acting as second correspondence clerk.Exceptions to this principle must not be allowed, even as a temporary measure, otherwise there will be not merely a breach of the rules but also a grave risk of most undesirable confusion. Cases may, however, occasionally arise in which a junior may be appointed to act in a post carrying more pay than the lowest post in the upper division with the result that the incumbents of these posts feel aggrieved at the grant of higher emoluments to their junior. In such cases the officer making the appointment should consider in each case whether the full pay should not be allowed.
