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State of Jharkhand - Section

Section 803 in Bihar Education Code, 1961

803. Different scales of pay.

- In Articles 804 to 811 which follow three separate scales of pay are shown for each of the different services in the Department:-
(a)The new scales of pay do not apply to those Government servants, who on the 31st August 1932 (i) held a post under Government in substantive capacity or held a lien on such a post, (ii) held a post under Government in a temporary or officiating capacity and had held that post or a post in the same service or cadre for not less than one year without a break of service, or (iii) were probationers within the meaning of rule 41 of the Bihar Service Code.
(G. O. no. 5090-A., dated the 16th November 1938.)
(b)If, on or after the 1st September 1932, a Government servant is promoted either substantively or as an officiating measure to a service other than that to which he has hitherto belonged or, being a member of the General State Service, or of the General Subordinate Service, is promoted either substantively or as an officiating measure, to another post included in the same service, he shall, notwithstanding, the provision in clause (e), draw pay in the new scale in respect of duty rendered on or after the 1st June 1936, in the service, or post to which he is promoted.
Exception. - The rule in this clause does not apply to a Government servant who is confirmed without break in a service which he has officiated continuously from the 31st August 1931.(G. O. no. 3810-A., dated the 31st March 1936.)
(c)The prescribed scales of pay apply to-
(i)pre-1932 entrants who may within the prescribed time, elect these rates of pay;
(ii)all posts-1932 entrants, provided that a post-1932 entrant other than the holder of a war-time or a temporary post may, within the prescribed time, elect to continue in his existing scale until he vacates the post or ceases to draw pay on that scale.
Note. - For the purposes of the provision to rule (6) above, a Government servant shall not be deemed to have vacated the post or ceased to draw pay in the scale attached thereto if his tenure of the post is interrupted by leave, officiating promotion to another post or transfer to another post of the same class.