ABSTRACT
Sub: FUNDAMENTAL RULES - Amendment to FR
22-B - Orders - Issued.
FINANCE (FR.II)
DEPARTMENT
G.O. Ms. No.145 Dated:
19-5-2009
Read
the following:
1. G.O.Ms.No.239, Fin. & Plg.
(PW.FR.II) Dept., dt. 23.8.1983.
2. Government Memo. 4073/4/FR.I/ Al 90,
Fin. & Plg. (FW-FR.11) Dept., dt. 11.2.1990.
3. G.O.Ms.No.102, Fin. & Plg.
(FW-FR.11) Dept., dt. 19.3.1991.
In the G.O. first read above,
orders have been issued by the Government that the Government Servants who are
promoted or appointed to the posts carrying duties and responsibilities of
greater importance than those attached to the posts held by them have to
exercise their option for fixation of their pay in the promotion post under the
provisions of FR 22-B either directly from the date of their promotion or from
the date of accrual of next increment in the lower category within a period of
one month from the date of promotion and option once exercised shall be final.
2. In the Memo. second read above,
orders were issued giving an opportunity to the Government Servant for
exercising revised option for fixation of pay under FR 22-B only in cases where
the date of increment is altered or the circumstances that existed as on the
date of exercising the option have materially altered by any orders of
Government or Authority.
3. In the GO third read above,
orders were issued extending the time limit up to 30.6.1991 for revised options
to those employees who exercised incorrect options and to those who have not
exercised option at all within the stipulated time. It was further ordered that
the Government Servants to be promoted in future shall be given only one
opportunity to revise their options provided such revised option shall be
within a period of one year from the date of promotion.
4. According to the executive
instructions under the heading (a) failure to exercise option for alternative
formula under rule 46 of the AP Revised Pension Rules, if the option was not
exercised, the retirement gratuity has to be calculated under the formula
whichever is beneficial to the employee. Under rule 56(b) thereof where option
is not exercised by the eligible member (s) of the family of the deceased
Government Servants, within the period specified or required, the pensionary
benefits which may be most beneficial to the heirs, under the pension rules,
applicable to the Government Servants, on the date of retirement/ death shall
be applied and the pensionary benefits sanctioned accordingly.
5. Often cases relating to the employees
who did not exercise option for fixation of pay within the stipulated period of
time, as prescribed under rules, are referred to Finance Department, for
exercising option after a long lapse of time and based on the rule position,
the cases were rejected, and the employees are approaching the Hon'ble Courts
for redressal of the grievance. There is also no deeming provision under FR
22-B as in the AP Revised Pension Rules, 1980.
6. Therefore, Government after
careful examination of the issue, so as to avoid the avoidable litigation and
adjudication in connection with exercise of option under FR 22-B, have decided
to amend FR 22-B on the analogy of the provision as contained in the Revised
Pension Rules, 1980.
7. Accordingly, the following
notification shall be published in the extraordinary issue of the Andhra
Pradesh Gazette, dated.
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.
AMENDMENT
In the said rules in FR 22-B, after
ruling l(ii)(b), the following proviso shall be inserted, namely,
"Provided that If the employee
does not exercise his option, in writing, within the stipulated time of one
month from the date of promotion, the competent authority (Drawing Officer / Head
of the Office, etc.) shall fix the pay by adopting the method which may be most
beneficial to the employee as per rules in force".
Note: "This amendment shall
take effect from the date of issue. The cases already settled need not be
reopened. The change will only be prospective and cases under litigation will
not be covered."
8. These orders are available on
internet and can be accessed at the address http:/www.goir.ap.gov.in.
(By order and in
the name of the Governor of Andhra Pradesh)
Dr. SAMEER SHARMA
Secretary to
Government (FP)
