Section 5 in The Rajasthan Municipalities (Class IV Services) (New Pay Scales) Rules, 1973
5. Opinion to elect the existing scale.
- (i) Subject to provisions of Rule 4 of these rules a member may elect to continue to draw pay in the existing pay scale till the date on which he earns his next or any subsequent increment in the existing pay scale or until he vacates his post or ceases to draw pay in that pay scale.(ii)An existing member may exercise option to retain his existing pay scale under clause (i) in any of the following circumstances :-(a)while holding a permanent post in a substantive capacity but not officiating on higher post;(b)while holding a permanent or temporary post in temporary capacity without having any lien on any post;(c)while officiating on higher post whether permanent or temporary retaining lien on a permanent post or where he would have officiated in one or more posts but for his being on leave or on foreign service provided that:-(i)the option in such cases shall be admissible in respect of existing pay scales attached either to the post held by him in an officiating capacity or to his substantive post and not for both the existing pay scales and if such a member exercises option to retain existing pay scale in respect of the post held by him in officiating capacity, his pay in the event of his reversion to the lower post held in a substantive capacity and also on re- promotion to the same higher post after reversion shall be fixed in the new pay scale only, and(ii)the option to retain existing pay scale in respect of the post held in officiating capacity shall not be allowed to a member of Service who was not qualified to hold a higher post or who was not senior enough for regular promotion or who was fortuitously appointed on purely temporary basis for example against leave vacancy or against a short term vacancy caused by deputation of the senior person for training within India or abroad or deputation to foreign service etc.
