GOVERNMENT
OF ANDHRA PRADESH
Fundamental Rules -
Amendment to sub-rule (4) of FR 54, sub-rule (2)(i) of FR 54-A and sub-rule (5)
of FR 54-B - Orders - Issued.
FINANCE
(FR.II) DEPARTMENT
G.O.Ms.No.30 Dated:15-02-2007
Read the following:
According to FR 53, subsistence allowance has to be paid to the suspended employees at an amount equal to the leave salary which the Government servant would have drawn, if he had been on leave on half average pay, or half pay, apart from the admissible allowances as per rules. In terms of proviso thereto, the amount of subsistence allowance can be enhanced or reduced by an amount not exceeding 50% of the subsistence allowance already admissible.
2. Accordingly to the existing provisions of FR 54(4), FR 54-A(2)(i) and FR 54-B(5), where the order of dismissal, removal or compulsory retirement or suspension is set aside by the appellate or the reviewing authority or by the court solely on the ground of non-compliance with the requirement of clause (1) or clause (2) of Article 311 of the Constitution, and no further inquiry is proposed to be held, the Government servant shall be paid such amount (not being whole) of the pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal of compulsory retirement, as the case may be subject to not less than the subsistence allowance already paid under FR 53.
3. Based on the above rules, the competent authorities in certain cases are giving nearly full pay and allowances for the period under suspension or covered by dismissal, with the result it nullifies the very purpose and intention of these Fundamental Rules. Certain Departments also recommended pay and allowances up to 99% of usual pay for the suspension period based on the above provisions under Fundamental Rules while treating the suspension / dismissal period as not duty.
4. In view of the above, it is proposed to restrict the powers of the competent authorities for payment of the quantum of pay and allowances to that of subsistence allowance already paid to the Government servants while under suspension, dismissal, removal or compulsory retirement after reinstatement of the Government servant besides treating the suspension, dismissal, removal or compulsory retirement period as not duty.
5. Further, as per the Cir.Memo. read above, it has been the consistent view of the apex court that the acquittal does not automatically entitle one to get consequential benefits and the appointing authorities cannot be made liable to pay back wages for the period for which they could not avail the services of employees.
6. Thus, after careful examination of the issue, Government have taken a view to amend the sub-rule (4) of FR 54, sub-rule (2)(i) of FR 54-A and sub-rule (5) of FR 54-B.
The
following notification shall be published in the extraordinary issue of the
Andhra Pradesh Gazette:
IN THE SAID RULES –
1. For sub-rule (4) of rule 54 the following
shall be substituted, namely
“(4) In cases other than those covered by sub-rule (2) including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or the reviewing authority solely on the ground of non-compliance with the requirement of clause (1) or clause(2) of Article 311 of the Constitution and no further inquiry is proposed to be held the pay and allowances payable to the Government servant for the period of dismissal, removal or compulsory retirement or suspension prior to such dismissal, removal or compulsory retirement, as the case may be, shall be limited to the subsistence allowance entitled / already paid under FR 53, for the entire period during which the Government servant was not on duty”
2. for clause (i) of sub-rule (2) of rule
54-A the following shall be substituted, namely, -
“(i) Where the dismissal, removal or compulsory retirement of a Government servant is set aside by the court solely on the ground of non-compliance with the requirements of clause (1) or clause (2) of article 311 of the Constitution, and where he is not exonerated on merits, the pay and allowances payable to the Government servant for the period of dismissal, removal or compulsory retirement or suspension prior to such dismissal, removal or compulsory retirement, as the case may be, shall be limited to the subsistence allowance entitled / already paid under FR 53 for the entire period during which the Government servant was not on duty.”
3. for sub-rule (5) of rule 54-B the
following shall be substituted, namely,
“(5) In cases other than those falling under sub-rule (2) and (3) the pay and allowances payable to the Government servant for the period of suspension, shall be limited to the subsistence allowance already paid under FR 53”.
(By order
and in the name of the Governor of Andhra Pradesh)
