GOVERNMENT OF
ANDHRA PRADESH
FINANCE (FR.II)
DEPARTMENT
Cir. Memo. No.
27703/778-A/FR.II/2012 Date.26-2-2013
Sub: Fundamental Rules
- Sanction of increments for the suspension Period without regularizing the
same - Instructions - Issued.
* * * * *
As per proviso under FR. 26(a)
"for the purpose of arriving at the date of next increment, the total of
all such periods as do not count for increment in that time scale shall be
added to the normal date of increment".
2. Thus, for giving next increments
the periods which are not treated as duty such as Extra-ordinary leave on
private affairs, dies-non, not duty period etc., should not be taken into
account. In cases of suspension / deemed suspension after finalization of the
disciplinary / criminal proceedings, if the suspension period is regularized as
"duty", then only it will count for sanction of increments.
Otherwise, i.e., in case it is regularized as "not duty", then it
will not count for sanction of increments.
Hence, unless the suspension period is regularized as either
"duty" or "not duty", the next date of increment could not
be arrived as per FR.26.
3. It has come to the notice of the
Government that the Government servants who were kept under suspension, after
their reinstatement pending finalization of the departmental proceedings /
criminal cases requesting for sanction of increments for the suspension
period also without regularizing the same.
4. It is also noticed that the
Hon'ble APAT and Hon'ble High Courts in their judgments are giving directions
for sanction of increments for the suspension period even though the final
orders were not issued by the disciplinary / competent authority for
regularization of suspension period / deemed suspension period, and in some
cases to those employees who are still under suspension and quoting ease laws,
in private publications of Fundamental Rules (which are not authorized
Fundamental Rules) stating that during the suspension period contract subsists.
Further in some instances Government is directed to release increments as no action
is taken under A.P.C.S. (CC&A) Rules to withhold the increments. Because of the said court orders, the
administrative departments concerned are facing difficulty in contesting such
cases and also in implementation of the said orders, as they are contrary to
the provisions of the Fundamental Rules.
5. As per FR.24 "an increment
shall ordinarily be drawn as a matter of course unless it is withheld. An
increment may be withheld from a Government servant by the State Government, or
by any authority to whom the State Government may delegate this power if his
conduct has not been good, or his work has not
been satisfactory. In ordering the withholding of an increment the withholding
authority shall state the period for which it is withheld, and whether the
postponement shall have the effect of postponing future increments."
6. But the cases of suspension
cannot be termed as "ordinary" to sanction increments as a matter of
course. Therefore, as in the case of Extraordinary leave on private affairs,
and dies-non, the period of suspension also does not count for increment,
unless it is regularized as duty. During Extra-ordinary leave, dies-non also
the employee is a Government servant, and other provisions are applicable to
the employee, yet the employee is not eligible for the benefits of increment
for such period. In cases of suspension
wherein the disciplinary action is pending, the increments are not being
withheld, but only are not being released. Thus "non-release" of increments is
distinct from "withholding" of increments. In such cases action under the provisions of
A.P.C.S. (CCA) Rules, 1991 is not required. Only in case of withholding
increments necessary / action has to be taken as per A.P.C.S. (CC&A) Rules
1991.
7. In view of the above, and Rule
position mentioned at paras 1-6 ante, all departments of Secretariat and Heads
of departments are requested to examine all the cases keeping in view the above
clarification and also issue instructions to their subordinate officers
accordingly, and also bring to the notice of
concerned Government Pleaders the difference between non-release of increments
and withholding, the same, and various provisions with reference to the
increments under Fundamental Rules, and file appeals in the higher courts /
forums when orders are in contravention of Fundamental Rules.
Dr. N. SAMBASIVA
RAO
Principal
Secretary to Government. (FP)
