GO.Ms.No:3, Dt:04-01-2006

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Fundamental Rules - Amendment to FR 54 and FR 54-B - Orders - Issued.

FINANCE (FR.II) DEPARTMENT

G.O.Ms.No.3                                                                                                                  Dated:04-01-2006

Read the following:

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ORDER:

According to sub-rule (5) of Fundamental Rule 54 and sub-rule (7) of Fundamental Rule 54-B, the dismissal / Suspension period shall not be treated as duty in cases falling under sub-rule (4) of FR 54 and sub-rule (5) of FR 54-B, unless the competent authority, specifically directs that it shall be so treated for any specified purpose.

2. As per the above rules, some of the Departments are interpreting that while treating the dismissal, removal or compulsory retirement/ suspension period as not-duty, it shall be treated as duty for a specific purpose like increments, pension and leave etc.

3. Since a proviso is already made under sub-rule (5) of F.R 54 and sub-rule (7) of FR 54-B that if the Government servant so desires the period of absence / suspension shall be converted into leave of any kind due and admissible to the Government servant, the Government after careful examination have decided to omit the words "unless the competent authority specifically directs that it shall be so treated for any specified purpose," in sub-rule (5) under FR 54 and sub-rule (7) under FR 54-B.

4. 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,-

1. In sub-rule (5) of rule 54, the following expression occurring at the end shall be omitted namely:-

 

"Unless the competent authority specifically directs that it shall be so treated for any specified purpose."

2. In sub-rule (7) of rule 54-B, the following expression occurring at the end, shall be omitted namely: -

 

"Unless the competent authority specifically directs that it shall be so treated for any specified purpose:"

(By order and in the name of the Governor of Andhra Pradesh)

 
RANJEEV R ACHARYA
Secretary to Government (FP)


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