Section 29(2) in West Bengal Municipal (Employees' Service) Rules, 2010
(2)Notwithstanding anything contained in the foregoing provisions of this rule, in the case of continuous officiating in the higher post with effect from a date prior to the 1st April 1981 where the substantive pay of an employee fixed in the revised scale in terms of Government, Resolution No. 15/C-9/ MIM-3/81 dated the 20th April, 1982 for the employees of the Municipalities, and Resolution No. 19/C-9/MIM-3181 dated th3 20th April, 1982 for the employees of the Notified Area Authorities becomes higher than, or equal to, his officiating pay fixed under sub-rule (1), the officiating pay in the revised scale shall be refixed in the scale of pay of the officiating post under sub-rule (2) of rule 40, read with clause (i) of sub-rule (1) of the provision of rule 28 at the next higher stage of his substantive pay fixed in the revised scale.Note : An option for fixation of pay under sub-rule (1) may be given by an employee on promotion as under (i)either his initial pay may he fixed in the higher post under sub-rule (1) of this rule straightway without any further review on accrual of increment in the pay scale of the lower post; or(ii)his pay on promotion may he fixed initially in the manner provided under clause (1) of sub-rule (1) of rule 28 which may be re-fixed on the basis of sub-rule (1) of this rule on the date of accrual of next increment in the scale of pay of the lower post :Provided that if the pay is fixed under this sub-rule the next increment shall fall due on completion of 12 months qualifying service from the date the pay is re-fixed in the second occasion but drawal of increment shall be with effect from the 1st day of the month so completed :Provided further that option in. such cases may be exercised within 30 days from the date of promotion and that option once exercised shall be final :Provided also that if at any time, after exercising the option or expiry of the time of exercising option, as prescribed in this rule, an employee intends either to exercise his option or to change his option, exercised earlier, the State Government may, after considering the facts, relax these rules for the purpose.
