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Showing contexts for: FR 9 in Dr. Mahabir Prasad Yadav vs Lakshmibai College on 27 July, 2020Matching Fragments
22. It is also useful to extract FR 9(12) which defines „Pay‟ and FR 9(21) as under:-
"9(12) "Leave-salary" means the monthly amount paid by Government to a Government servant on leave."
xxxx xxxx xxxx "9(21) (a) "Pay" means the amount drawn monthly by Government servant as-
(i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre, and
(ii) overseas pay, technical pay, special pay and personal pay, and
(iii) any other emoluments which may be specially classed as pay by the Governor-General in Council."
23. FR 9 (12) defines Leave-Salary to mean the monthly amount paid by the Government to a Government servant on leave. Conjoint reading of FR 9(12) with FR 53 indicates that 50% of the pay, with Dearness Allowance, if admissible, will be the Subsistence Allowance during suspension. Monthly amount drawn by a Government Servant, sanctioned for the post held by him substantively, is „Pay‟. Thus, a person holding a post substantively is entitled to Pay Revision from time to time, under the successive Pay Commissions in his tenure. There is no provision under the Rules which disentitles a person on leave from being paid Leave- Salary on the revised pay benefits under the Revised Pay Rules. As a corollary, half pay envisaged as Subsistence Allowance under FR 53 (1)(ii)(a) would contemplate periodic revisions based on Pay Revisions under the various Central Pay Commissions.