GOVERNMENT OF
ANDHRA PRADESH
ABSTRACT
Fundamental Rules - Amendment to
F.R. 54 (5) and FR 54-(B)(7), F.R. 26 (b)(ii) for counting EOL for sanction of
notional increments and Pension - Orders - Issued.
FINANCE (FR.II)
DEPARTMENT
G.O. Ms. No. 307 Date.03-12-2012
Read
the following:
1.G.O. Ms. No.3, Finance (FR.II) Dept. dt. 4-1-2006
2.
U.O. No. 37392/Vig.1(2)/2009, dt.29-01-2011 from Revenue Dept.
ORDER:
In the G.O. 1st read
above the discretion of the competent authority for counting the not-duty
period for a specific purpose was withdrawn when the period of deemed
suspension / suspension is regularized as "not duty". Hence, the
Govt. servant would not be entitled for leave, increments and pension for
suspension and dismissal period when it is treated as "not duty".
2. In the U.O. Note 2nd read
above it has come to the notice of Finance Department that in many cases, the
Hon'ble High Court of Andhra Pradesh / A.P. Administrative Tribunal while
acquitting the Public Servant in Criminal Appeals from the Criminal Charge
ordered to regularize the suspension period and dismissal period as not duty
and to count the interregnum periods (suspension / dismissal) for the purpose
of pensionary benefits and also to pay interest on certain issues. In such
matters when consulted the Law Department, while citing the Apex Court judgements,
advised that the suspension period and the interregnum period between the date
of dismissal and reinstatement of a Public servant be counted for purpose of
pensionary benefits. But there is no provision in Fundamental Rules for such
payments to the Public Servant for any pay and allowances for the above periods
except the subsistence allowance, as per the rules in force now.
3. According to FR. 54 (5), and FR.
54-(B)(7) when period of deemed suspension / suspension is regularized as 'not
duty' the period of absence from duty including the period of suspension
preceding his dismissal, removal or compulsory retirement, as the case may be,
shall not be treated as a period spent on duty and the authority competent may
convert the above periods into leave of any kind due and admissible to the
Govt. servant, if he so requests.
4. It is observed that in cases
where there is long pendency of litigation, there is no benefit due to
conversion of leave of any kind due and admissible to the Public servant, since
the Public servant would not have such long period of leave at his credit.
Hence, if such long periods are treated as Extra-ordinary leave,
they will not count for increments and affecting pay and allowances culminating
in the reduction of pension which will be a double jeopardy on the public
servant. The long pendency of the trial in lower court and also in Appellate
Court inay not be attributable to the public servant. In such cases there is
case for counting the Extra-ordinary Leave granted for regularizing the
suspension / dismissal period for the purpose of pensionary benefits and
notional increments on the request of the individuals.
5. As there is no provision now in
Fundamental Rules for counting the 'not duty' period for purpose of leave,
increments and pension, Government after careful examination have decided to
amend the clauses under FR. 54 (5) and FR 54-(B)(7) by adding the words
"that the leave granted on EOL under the above clause, after exhaustion of
other types of leave like Earned Leave, Half-pay Leave may be counted for
purpose of notional increments and pension"
6. Further, a note may be added
under FR. 26 (b)(ii) to the above effect.
7. Accordingly, the following
notification shall be published in the Extraordinary issue of A.P. Gazette.
NOTIFICATION
In exercise of the powers conferred
by the proviso to article 309 of the constitution of India and of all other
powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the
following amendment to the Fundamental rules as subsequently amended from time
to time.
AMENDMENT
In the said rules;
i) Under the proviso to sub-rule
(5) of FR. 54, the following shall be added as Note "(C)" "that
the Extraordinary leave granted after exhaustion of all available leave under
the above clause may be counted for the purpose of notional increments and
pension"
ii) Under the proviso to sub-rule
(7) of rule 54-(B) the following shall be added as Note "(C)"
"that the Extraordinary Leave granted after exhaustion of all available
leave under the above clause may be counted for the purpose of notional
increments and pension"
iii) Under the proviso to FR. 26
(b) (ii) after the existing Note, the following shall be added as Note-2;
"The Extraordinary Leave
granted on the request of the individual for regularization of the dismissal /
deemed suspension / suspension period, after exhausting all the available leave
may also be counted for the purpose of notional increments and pension"
(By order and in
the name of the Governor of Andhra Pradesh)
DR. D. SAMBASIVA
RAO,
Principal
Secretary to Govt. (FP)
