Fundamental Rules (FR)

Table of Contents(toc)

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PART - 01

CHAPTER -I: Extent of Application

F.R. 1.

These rules may be called the Fundamental Rules. They shall come into force with effect from 1st January 1922

RULING

The State Government may, by general or special order, permit deviations from any provisions of a purely procedural nature contained in any rule made or confirmed under Article 309 of the Constitution of India:

Provided that such deviations shall not affect the conditions of service, the pay and allowances or the pension of officers, subject to the rule making control of the President of the Republic of India.

F.R. 2. 

The Fundamental Rules, apply, subject to the provisions of Rule 3 to all Government Servants paid from the Consolidated Fund of the State and to any other Class of Government servants to which the Government may, by general or special order, declare them to be applicable. The Government may, in relation to the services under their administrative control other than All India Services make rules modifying or replacing any of the Fundamental Rules

Provided that these rules shall not be modified or replaced by the Governor under Article 309 of the Constitution of India to the disadvantage of any person already in service except in respect of matters relating to the age of superannuation. [Proviso is added by A.P. Act No. 23 of 1984] 

Note (1):

A Government servant who is paid from the Consolidated Fund of the State and who is temporarily transferred to any of the Defence Services shall remain subject to these Fundamental Rules.

Note (2):

The Service Rules shall be taken to embody and indicate fully all the provisions governing the services concerned. As laid down in the service rules the Fundamental Rules will govern a service only in the matter of leave, leave salary, pension and other such conditions of service, as have not been provided for in the Service Rules. If any provisions of the Fundamental Rules is repugnant to any provision of the Services Rules, then the provision of the Services Rules shall prevail and the provision of the Fundamental Rules shall be to the extent of the repugnancy be void. [Sub. by G.O.Ms.No.128, Fin., Dt. 29-04-1969]

RULINGS

(1) The State Government have full powers to introduce revised and less liberal leave rules for Government servants subject to their rule making powers with regard to the persons appointed on or after the 1st January, 1922. [G.l.F.D. Lr.No. Fl2(20) R 1-1-32, Dt. 30-5-1932]

(2) Even in cases where they merely record the orders of the Government of India regarding Fundamental Rules, Civil Services Regulations etc., it may be assumed that the Instructions issued by the Government of India will apply to Government servants under the rule making control of the State Government.

(3) Interpretations of Fundamental Rules issued by the President of India from time to time under Rule 8 may be held to apply to the members of all the State and Subordinate Services under their rule making control in the absence of orders to the contrary. [Sub. by G.O.Ms.No. 128, Fin., Dt. 29-4-1969]

F.R. 2-A.

[Omitted by G.O.Ms.No. 128, Finance, Dt. 29-4-1969]

F.R. 3.

Unless in any case, it is otherwise distinctly provided by or under the rules, these rules do not apply to Government servants whose conditions of service are governed by Army or Marine Regulations. 

F.R. 4. & 5.

[Omitted by G.0.Ms.No. 128, Finance, Dt. 29-4-1969] 

F.R. 5-A.

The Government may relax the provisions of rules or orders in such manner as may appear to them to be just and equitably provided that where any such rule or order is applicable to the case of any person or class of persons, the case shall not be dealt with in any manner  less favourable to him or them, than that provided by that rule or order - Added by G.O.Ms.No. 128, Fin., Dt. 29-4-1969.

RULING

F.R. 5-A applies only to relaxations in individual cases. General exemptions from the natural operation of rules can be made only by amendment of the rules by competent authority.

F.R. 6.

Government may delegate to any of its officers, subject to any conditions which it may think fit to impose, any power conferred upon it by these rules with the following exceptions 

(a) all powers to make rules. 

(b) the other powers conferred by Rules 6, 9(6)(b), 44, 45, 83, 108A, 119, 121 and 127{c) and by the first proviso to clause (I) of Rule 30. 

F.R. 7

No powers may be exercised or delegated under these rules except after consultation with the Finance Department. It shall be open to that department to prescribe, by general or special order, cases in which its consent maybe presumed to have been given, and to require that its opinion on any matter on which it has been consulted shall be submitted to the Governor by the consulting department. 

Instructions under Rule 7

The previous consent of the Finance Department required under this rule to the exercise or to the delegation of the powers conferred upon the State Government under the Fundamental Rules, may be presumed to have been given in all cases except the following :

(1) Proposals involving fresh delegation cf power to authorities subordinate to the State Government.

(2) Proposals for the issue of new Subsidiary Rules· or the amendment of existing ones where the power to make rules has been conferred on the State  Government, viz., 9(6)(b) ; 10 ; 44 ; 45 ; 45-A, 48-C; 47; 66; 68; 74; 82; 93; 101 to 104; 106; 119 and 130.

Note:-All orders issuing new Subsidiary Rules or amending the existing ones will be issued in the Finance Department.

(3) Proposals to issue orders under the following rules, unless covered by the Subsidiary Rules and/or instructions already issued under them:

Fundamental Rules 9(6)(b), 19, 20, 27, 31, 33, 35, 36, 40: when the pay of the temporary post exceeds Rs. 250 or is higher than the minimum allowed for a corresponding permanent post, 44, 45, 45-A, 46 and 47 for honoraria in excess of budget provision, or for which no scales have been laid down and for permitting the acceptance of fees for work done during official time with the use or assistance of Government apparatus, materials etc., 48-A, when it involves any payment to a Government servant on account of the invention, 49 ; note 3 under 51 when the pay of the Government servant deputed exceeds Rs. 250 per mensem or the deputation extends beyond the financial year, or when there is no budget provision

F.R. 8

The power of interpreting these rules is reserved to the State Government. (G.O.Ms.No.128, Finance, Dt. 29-4-1969).

RULING

The omission of general principles of interpretation included in the second sub-paragraph of Article 4 of the Civil Service Regulations, viz., that a Government servant's claim to pay and allowances should be regulated by the rules in force at the ti.me in respect of which the pay and allowances are earned, to leave by the rules in force at the ti.me the leave is applied for and granted, etc., in the Fundamental Rules does not mean that the principles are to be abrogated and the intention is that they should be followed.

CHAPTER -II: Definitions

F.R. 9. 

Unless there be something repugnant in the subject or context, the terms defined in this chapter are used in the rules in the sense  here explained 

(1) ------

( 1-A) "Allotment" means grant of a licence to a Government  servant to occupy a house owned, leased or requisitioned by the  Government or a portion thereof, for use by him as a residence.  [G.O.Ms.No. 213, Finance, Dt. 13-7-1970]

(2) ------

(3) Omitted by G.O.Ms.No. 30, Fin. & Plg., Dt. 2-3-95

(4) "Cadre" means the strength of a service or a part of service sanctioned as separate unit. 

(5) "Compensatory allowance" means an allowance granted to meet personal expenditure necessitated by the special circumstances in  which duty is performed. It includes travelling allowance. 

(6) "Duty"-

(a) Duty includes- 

(i) Service in India as a probationer or apprentice, provided that such service is followed by confirmation; 

(ii) Joining time.

(iii) [Deleted];

(iv) (Omitted by G.O.Ms.No. 30, Fin. & Pig., Dt. 2-3-95)

(b) The State Government may issue orders declaring that, in circumstances similar to those mentioned below, a Government servant may  be treated as on duty

(i) During a course of instruction or training in India; 

(ii) In the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through  a course of training at a university, college or school in India during the  interval between the satisfactory completion of the course and his assumption of duties. 

(ii-A) The State Government may declare that in the case of  any particular class of Government stipendiary students, a period of training  as a stipendiary before substantive appointment as a Government servant shall  count for leave and increment of pay subject to any conditions which maybe  imposed in such declaration. 

(iii) During preparation in India for an examination in any oriental language. 

(iv) (Omitted by G.O.Ms.No. 30, Fin. & Pig., Dt. 2-3-95)

PART - 02

CHAPTER -III: General Conditions of Service

F.R. 10.

Except as provided by this rule, no person may be  substantively appointed in Indian to a permanent post in Government service  without a medical certificate of health. [The State Government] may make  rules prescribing the form in which medical certificate should be prepared,  and the particular medical or other officers by whom they should be signed.  It may, in individual cases, dispense with the production of a certificate, and  may by general order exempt any specified class of Government servants from  the operation of this rule. [G.O.Ms.No. 3, Fin., Dt. 8-1-1969 and  G.O.M.S.No. 12, Fin., Dt. 7-2-1995]

F.R. 11. 

Unless in any case it is otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him, and he may be employed in any manner required by proper authority without claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from general revenues, from a local fund or from the funds of a body whether incorporated or not which is wholly or substantially owned or controlled by the  Government.

F.R. 12.

(a) Two or more Government servants cannot be appointed substantively to the same permanent post at the same time.

(b) A Government servant cannot be appointed substantively except as a temporary measure, to two or more permanent posts at the same time.

(c) A Government servant cannot be appointed substantively to a post on which another Government servant holds a lien.

F.R. 12-A. 

Unless in any case it be otherwise provided in these rules a Government servant on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously  acquired on any other post.

F.R. 13.

Unless his lien is suspended under Rule 14 or transferred under Rule 14-B, a Government servant holding substantively a permanent post retains a lien on that post:-

( a) while performing the duties of that post;

(b) while on foreign service, or holding a temporary post, or officiating in another post;

(c) during joining time on transfer to another post; unless he is transferred substantively to a lower post on lower pay, in which case his lien  is transferred to the new post from the date on which he is relieved of his  duties in the old post;

(d) [ x x x ] while on leave other than refused leave granted after the date of compulsory retirement under Rule 86, or Rule 7 of Andhra Pradesh  Leave Rules, 1933, and [Omitted by G.O.Ms.No.384, Fin., Dt.06-10-1994]

(e) while under suspension.

F.R. 14.

(a) [The State Government] shall suspend the lien of a  Government servant on a permanent post which he holds substantively if he is appointed in a substantive capacity:-[G.O.Ms.No.12, Fin. & Pig. (FW:FR.l) Dept., Dt. 07-02-1995] 

    (1) to a tenure post, or 

    (2) Omitted by G.O.Ms.No.81, Finance, Dt. 20-04-1970. 

    (3) Provisionally, to a post on which another Government servant would hold. a lien not been suspended under this rule.

(b) [The State Government] may, at its option, suspend the lien of a Government servant on a permanent post which he holds substantively if he is deputed out of India or transferred to foreign service, or, in circumstances not covered by clause (a) of this rule, is transferred, in an officiating capacity to a post in another cadre, and in any of these cases, there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three years ;[G.O.Ms.No.81, Fin., Dt. 20-04-1970 & G.O.Ms.No.12, Fin., Dt. 07-02-1995]

(c) Notwithstanding anything contained in clause (a) or (b) of this rule, a Government servant's lien on a tenure post may in no circumstances be suspended. If he is appointed substantively to another permanent post, his lien on the tenure post must be terminated;

(d) If a Government servant's lien on a post is suspended under clause (a) or (b) of this rule, the post may be filled substantively and, the Government servant appointed to hold it substantively shall acquire a lien on it; 

Provided that the arrangements shall be reversed as soon as the suspended lien revives;

Note 1:-This clause applies if the post concerned is a post in a selection grade of a cadre.

Note 2:-When a post is filled substantively under this clause the appointment will be termed a provisional appointment; the servant appointed will hold a provisional lien on the post; and that lien will be liable to suspension under clause (a) but not under clause (b) of this rule.

(e) [xx x] A Government servant's lien which has been suspended under clause (a) of this rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-clause (1) or (3) of that clause.  [Omitted by G.O.Ms.No. 384, Fin. (FR.I) Dept., Dt. ______

(f) A Government servant's lien which has been suspended under clause (b) of this rule shall revive as soon as he ceases to be on deputation out of India or on foreign service or to hold a post in another cadre, provided that a suspended lien shall not revive because the Government servant takes leave if there is reason to believe that he will, on return from leave, continue to be on deputation out of India or on foreign service or to hold a post in another cadre and the total period of absence on duty will not fall short of three years or that he will hold substantively a post of the nature specified in sub-clause (1) or (3) of clause (a). (G.O.Ms.No. 81. Finance, Dt. 20-4-________

[(g) The Lien of (i) a Government employee, appointed outside the regular line from the date of his relief; (ii) a Government employee who resigned/are relieved from a post to join in a different post to which he is selected by direct recruitment, from the date of his resignation/relief from the old post; and (iii) a Government employee who is transferred from one department to another on request or otherwise by way of departmental transfers from the date of his relief shall stand automatically suspended even if it is not mentioned in such orders and such Govt. employees shall automatically acquire provisional lien in the new departments, in which they join].  [G.O.Ms.No.144, Fin. & Pig. (FW.FR.I) Dept., Dt. 19-05-2009]

Delegation under Rule 14(b)A,  head of the department is empowered to suspend a lien in respect of any post to which it or an authority subordinate to it can appoint. Instruction under Rule 14(b) 

The lien of an officer cannot .be suspended while he is on probation in another post. If the officer completes the period of probation satisfactorily, suspension of lien may be made with retrospective effect from the date on which the officer was transferred to other duty, provided that the conditions in Rule 14 (b) are otherwise satisfied.

RULINGS 

Provisionally substantive appointments 

1). The period of three years prescribed in this rule applies to the probable duration of the absence of any particular officer from his own substantive appointment and not to the permanency of the post to which he is transferred. In case of posts sanctioned for a shorter period and subsequently extended to three years, suspension of lien is permissible from the date of the creation of temporary post; but whether the provisionally substantive arrangement is permissible from the date or from any subsequent date is a matter which is entirely at the discretion of the head of the office or of the Government. [G.l.F.D. No. 172, CSR., Dt. 10-03-1913]

(2) The tenn 'cadre' used in Rule 14(b) will, according to the definition in Rule 9(4) as amended in the Government of India, Finance Department Resolution  No. F.I. (9)-Rl/36, dated the 9th July 1936, apply to all the posts in a service sanctioned as a separate unit. The expression 'separate unit' is meant to cover all posts in service appointments to which are made by the same authority.

(3) The expression 'separate unit' in the above sub-paragraph is intended to apply to posts in different offices or establishments and not to those in the same office or establishment.

(4) The suspension of the lien ______ officer-under Rule 14(b) is permissible only in the case of transfers to another service and not where an officer in the subordinate service is promoted to the corresponding State service.

(5) With effect from the 27th November 1944, the suspension of lien under Rule 14(b) is not permissible when a Government servant holding a lien on a permanent post is promoted to another post in the same service or department.

(6) The Commissioner of Land Revenue is empowered to suspend the lien of the members of its staff deputed to the districts as Tahsildars and Deputy Tahsildars.

(7) The Director of School Education/Collegiate Education is empowered to suspend the lien of the members of the staff of his office transferred to the  Educational Subordinate Service provided that the conditions laid down in Rule  14( b) are satisfied.

F.R. 14-A. 

(a) Except as provided in clauses (c) and (d) of this rule [x xx] a Government servant's lien on a post may in no circumstances be terminated, even with his consent, if the result will be to leave him without a lien or a suspended lien upon a permanent post.[G.O.Ms.No. 81, Fin., Dt. 20-04-1970 & Omitted by G.O.Ms.No.384, Fin. (FR.I), Dt. 06-10-1994]

Note :-The competent authority may refuse consent to a Government servant being confirmed or retained in a permanent post outside the cadre on which he is borne unless he makes a written request that his lien on the permanent post in his parent office should be terminated.

(b) Omitted by G.O.Ms.No. 81, Finance, Dt. 20-04-1970.

(c) Notwithstanding the provisions of Rule 14(a), the lien of a Government servant holding substantively a permanent post shall be terminated while on refused leave granted after the date of compulsory retirement under Rule 86 or Rule 7 of Andhra Pradesh Leave Rules, 1933, [xxx] or to the post of Chief Engineer of the Public Works Department or on his appointment as the Chairman or any other member of a Union Public Service  Commission or as the Chairman or any other member of a State Public  Service Commission. [G.O.Ms.No. 120, Fin., Dt. 14-06-1966 &Omitted by G.O.Ms.No. 384, Fin., Dt. 06-10-1994]

(d) A Government servant's lien on a post shall stand terminated on his acquiring a lien on a permanent post, (whether under the Central  Government or any other State Government) outside the cadre on which he is borne. [G.O.Ms.No. 81, Finance, Dt. 20-04-1970]

[(e) The lien of a Government employee, which was automatically suspended from the date of his relief in the parent department under clause 

(g) under FR-14 shall automatically get terminated in the parent department on the date on which his probation is declared in the new department or on the date on which his probation is deemed to have been declared in the new department, or on the date on which he/she completes 3 years of service in the new department, whichever is earlier].[G.O.Ms.No.127, Fin. (FR.I) Dept., Dt. 08-05-2012]

F.R. 14-B. 

Subject to the provisions of Rule 15, [the State  Government] may transfer to another permanent post in the same cadre, the  lien of Government servant who is not performing the duties of the post to  which the lien relates, even if that lien has been suspended.[Subs. by G.O.Ms.No.12. Fin. & Pig. (FW:FR.I) Dept., Dt. 07-02-1995] 

[Note-I: The Lien of a Government employee, which was automatically terminated  under clause (e) under FR 14-A in the parent department shall automatically be transferred  to the new department from that date.

Note-II: The existing employees who are working in the departments other than parent departments shall exercise option within two (2) months from the date of issue of these orders and if no option is exercised within two (2) months the employee is deemed to have  opted to continue in the other service and his lien in the parent department shall automatically  be terminated. However after exercising the option within two (2) months they may be  allowed four (4) months to get relief from other department and to join in parent department  i.e. total six (6) months time shall be allowed].[G.O.Ms.No. 144, Fin. & Pig (FW:FR.I) Dept., Dt. 19-05-2009].

Delegation under Rule 14-B  

A Head of Department is empowered to transfer a lien provided that it or an authority subordinate to it is authorized to make appointments to both the posts concerned.

F.R. 15.

(a) [The State Government] may transfer a Government servant from one post to another; provided that, except- [Subs. by G.O.Ms.No.12, Fin. & Pig. (FW:FR.I) Dept., Dt.07-02-1995)(1) on account of inefficiency or misbehavior, or (2) on his written request, a Government servant shall not be transferred substantively to, or, except in a case covered by Rule 49 appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien, had his lien not been suspended under Rule 14. 

(b) Nothing contained in clause (a) of this rule, or in Clause (13) of Rule 9 shall operate to prevent the retransfer of a Government servant to the  post on which he would hold a lien had it not been suspended in accordance with the provisions of clause (a) of Rule 14.

F.R. 16.

A Government servant may be required to subscribe to a  provident fund, a family pension fund or other similar fund in accordance  with such rules as [the Government or] may by order prescribe.  [Subs. by G.O.Ms.No.12, Fin., Dt. 07-02-1995].

F.R. 17.

(1) Subject to any exceptions specifically made in these rules.  an officer shall begin to draw the pay and allowances attached to his tenure of  a post, with effect from the date when he assumes the duties of that post, and  shall cease to draw them as soon as he ceases to discharge those duties.

(2) [Omitted by G.O.Ms.No. 30, Fin. & Pig. {FW: FR.I), Dt. 02-03-1995) 

Instructions under Rule 17

1. Ordinarily, the duties of a post shall be assumed and given up by the relieving and relieved Government servants simultaneously at headquarters. both of  them being present. They should both sign a certificate indicating the place and the  date and hour at which the change in the incumbency of the post has taken place.  The transfer should ordinarily not take place on a Sunday.

Note :- A Government servant nominated for training in India and whose period or  training is treated as duty under F.R. 9(6)(b)(i) shall be required to relinquish his post and  prepare a charge report even if no officiating arrangement is made in his place. He shall intimate to the Audit Officer, Head of the Department or office concerned through the Training Institute/Office etc., the date and hour of reporting for training and. on relief, of the completion  of training. [G.O.Ms.No .10, Finance, Dt. 16-02-1966]

2. The Government in the case of Heads of Departments and the Head of the Department concerned in other cases, may direct that the transfer shall be effected  at a specified place other than the headquarters or that the two Government servants  concerned shall communicate to one another by post or telegram that they have  respectively assumed or given up the duties of a post with effect from a specified date.

 The above directions may be issued only for special reasons of public nature  or when a Government servant who has been transferred, is spending a vacation at  a place other than his headquarters. The exact nature of the reasons should be  recorded as a part of the order, full consideration being given to the financial effect  which the order will produce. [GO.Ms.No. 757, Fin., Dt. 02-07-1951]

3. A Government servant will begin to draw the pay and allowances attached to the tenure of a post with effect from the date on which he assumes the duties of  that post if the charge is transferred before noon of that date. If the charge is  transferred in afternoon, he commences to draw them from the following day. This  rule does not however, apply to cases in which it is the recognized practice to pay a Government servant at a higher rate for more important duties performed during  a part only of a day.

 RULINGS

(1) Transfer of an officer is not completed until the certificate of transfer of charge has been signed by both the relieving and the relieved Government servants.  When once signed, the relieved Government servant must be regarded as on joining  time and must take charge of his new office before its expiry. Ordina-rily, the  transfer should be completed before the expiry of joining time of the relieving  Government servant and it is his duty to arrive at the place of transfer in time to  enable him within his joining time to complete the transfer. In cases in which the  relieving Government servant does not sign the transfer certificate within this period.  he should be treated as having exceeded his joining time.[G.O.Ms.No. 633, Finance, Dt.01-10-1906]

(2) In cases where Store-keepers in the Agricultural Department are transferred and the transfer of charge is prolonged so that two Government servants  will be entitled to draw pay and allowances simultaneously for the same appointment,  the procedure laid down in paragraph 513 of the Public Works Account Code should  be followed. An officer of the Agriculture Department not below the rank of Deputy  Director of Agriculture will certify whether the period spent is reasonable or not.

 The Director of Marketing and the Deputy Director of Agriculture, as the  case may be, is empowered to sanction a reasonable period upto a maximum of  five days for handing and taking over charge by the Agricultural Demonstrators.  Farm Managers, Research Assistants or Marketing Assistants and to permit them to  draw pay and allowances simultaneously in the same post for the period. He should  certify whether the time spent is reasonable or not. The procedure laid down in  paragraph 513 of Public Works Account Code should be followed. [G.O.Ms.No. 2320, Fin., Dt.23-08-1960, G.O.Ms.No. 2521. Fin., Dt. 22-12-1960 & G.O.Ms.No. 388. Fin, Dt. 01-06-1963]

(3) In cases involving transfer of charge of an officer elsewhere than at headquarters, the exact nature of the reasons should be expressed on the face of the  record and that Audit Officers should challenge all orders in which this has not been  done - Vide the second sub-paragraph of Instruction {I) under Rule 17.  [GIFD. Letter No. F. 227-C/SR/26. Dt. 27-3-1926 & CAG's Letter No. 909, Admn./175-A, 7126. Dt. 17-09-1926]

(4) If, in consequence of the absence during vacation of a Government servant whose leave is governed by Rule 82, it is necessary to place another  Government servant in charge for the performance of work that may arise during the  vacation such charge must be arranged for without expense to Government.  [G.O.Ms.No. 806, Public, Dt. 16-08-1960] 

Dates of Appointment and reversion of, Military Officers lent to Civil Department

(5) In the event, however, of an officer proceeding on leave direct from the borrowing department, his services will be replaced at the disposal of tht  lending department from the date following the date of tennination of the leave  on average pay or privilege leave. as the case may be, granted by the borrowing  department. The allocation of transit pay and allowances, travelling allowances  and leave salary, will in such cases, be governed by the ordinary rules. irrespective  of the date of reversion. 

(6) Reserve Inspectors and Accountants-in-charge of District Police Stores may be allowed by the District Superintendent of Police extra joining time to cover  the actual period of transfer of charge, subject to a maximum of three working days.  [G.O.Ms.No. 2038, Home, Dt. 10-07-1946] 

(7) A Junior Superintendent in charge of Fire Service Branch Stores in the Office of the Inspector General of Police, may be allowed by the Inspector-General  of Police, extra joining,time to cover the actual period of transfer of charge, subject  to a maximum of three actual working days. [Memo. No. 69234-FR/55-3, Finance, Dt. 10-01-1956]

(8) The District Registrar is empowered to sanction a reasonable period not exceeding three days for handing and taking over charge of officer by the Joint Sub Registrars or Sub-Registrars in his district while on transfer and to permit them to  draw the pay and allowances under ruling (1) simultaneously in the same post for  that period. The District Registrar should certify that the time spent in each case is  reasonable. [Memo. No. 94627/FR/58-3, Fin., Dt. 12-12-1958].

F.R. 18. 

Unless the Government in view of the exceptional  circumstances of the case otherwise determine, no Government servant shall  be granted leave of any kind for a continuous period exceeding five years.

Note 1:- Wilful absence from duty not covered by grant of any leave will be treated  as a 'dies-non' for all purposes viz., increment, leave and pension.

Note 2:- Extraordinary leave to the extent of 36 months shall count as qualifying  service when taken on M.C. or due to inability to join or rejoin duty on account of Civil  Commotion. If the E.O.L. is availed for prosecuting higher scientific and/or technical studies such leave will count as qualifying service, to the extent of36 months, provided the Government  Servant serves the Government for atleast 36 months after completing the studies.

Note 3:- Interruptions between two or more spells of service shall be treated as  automatically condoned without any formal orders of the sanctioning authority, excluding  however, the periods of interruptions themselves. - Notes 2 & 3 are added by GO.Ms.No. 87, Fin., Dt. 13-03-1979

Note 4:- In all cases of unauthorised absence to duty for a continuous period of  exceeding "one year", the penalty of removal from service shall be imposed on the Fovernment  employee, after duly following the procedure laid down in the Andhra Pradesh Civil Services  (CCA) Rules, 1991] (Added by G.O.Ms. No. 8, Fin. (Fr-I), Dept. Dt. 08-01-2004

CHAPTER -IV: Pay

F.R. 19. 

Except in the case of personal pay granted in the  circumstances defined in Rule 9(23)(a), the pay of a Government servant  shall not be so increased as to exceed the pay sanctioned for his post without  the sanction of an authority competent to create a post in the same cadre on  a rate of pay equal to his pay when increased]. [Subs. by G.O.Ms.No. 12, Fin. and Pig. (FW.FR.I) Dept., Dt. 7-2-1995.

F.R. 20.

In respect of any period treated as duty under Rule 9(6)(b), a Government servant may be granted such pay as the Government may  consider equitable but in no case exceeding the pay which the Government  servant would have drawn had he been on duty other than duty, under Rule  9(6)(b).

Note (1): In the case of a Government servant whose period of absence from an  officiating post is treated as duty under Rule 9(6)(b). he may be allowed the officiating pay  which he would have drawn but for such absence provided he has put in not less than 3 years’ service on the officiating post immediately preceding the period of such absence. 

Note (2): A Government servant whose absence from duty for undergoing training/  instruction in India/abroad, is treated as duty under Rule 9(6)(b) of the Fundamental Rules  can be promoted to the next higher grade during such training/instruction, if he is otherwise  entitled to such promotion subject to the following conditions, namely: 

(i) He has been approved for promotion to the next higher grade; and

(ii) All his seniors except those regarded as unfit for promotion to the particular higher grade, have been promoted to that grade. And he may be granted such pay as the  Government may consider equitable but in no case exceeding the pay which the Government  servant would have drawn had he been on duty, other than duty under the said Rule 9(6)(b).  G.O.Ms.No. 26, Fin. & Pig., Dt. 08-02-1982.

RULINGS

(1) The word 'pay' in Rule 20 should be held to include special pay, if any admissible to the Government servant had he been on duty other than duty under Rule (9)(6)(b)]. [G.O.Ms.No. 2230, Finance, Dt. 01-07-1960

(2) In case where Government servants who with less than 3 years officiating service are deputed for training which is treated as duty under Rule 9(6)(b), and are allowed by specific orders to draw such officiating pay which they would have drawn but for the training, such orders may be deemed to have been issued with due regard to the note under Rule 20 as inserted by G.O.Ms.No. 2230, Finance, dated 01-07-1960. 

The officiating pay last drawn by the Government servants can be admitted for the training period in such cases, subject however to the competent authority furnishing a certificate in each case that the Government servant would have continued in the officiating post from which he was deputed but for the training. [G.O.Ms.No.431, Finance, Dt. 22-10-1962]

Pay of candidates undergoing Training in Revenue Subordinate Service 

(3) Officiating Section Officers of the Secretariat and Superintendents, Office of the Commissioner of Land Revenue, who are deputed to undergo training in the Revenue Subordinate Service will draw during such training the pay which they draw in the officiating post held by them prior to the deputation, and which they would have continued to hold but for the deputation.

Pay of candidates undergoing training in the maintenance of Revenue Records and Registration

(4) Candidates undergoing this training may draw during the period, the pay of the officiating post held by them for so long a period as they would have held the Officiating post had they not been deputed for the training.

Pay of Revenue Subordinates undergoing training in Angular Survey

(5) The Commissioner of Land Revenue may permit the revenue subordinates under-going training in angular survey with a survey party to draw during the period of their training the pay of any officiating appointment held by them at the time when they were deputed for such training and for so long a period as they would have held the officiating post had they not been deputed for such training.

Pay of Revenue Subordinates undergoing

Taluk Head Accountant's training

(6) Collectors are empowered to permit the clerks to undergo treasury training, to draw during the period of training the pay of any officiating appointment held by them, at the time they were deputed for such training. But this rate of pay  should only be allowed for a period during which the accountant would have held the officiating appointment had he not been deputed for the training.

(7) Omitted by G.O.Ms.No. 410, Finance, Dt. 15-12-1964.

(8) Approved probationers in the category of Junior Assistants, officiating Senior Assistants promoted from the Junior Assistants, and approved probationers who were directly recruited to the category of Senior Assistants in the Office of the Commissioner of Land Revenue, have been permitted to undergo survey training and to serve as Revenue Inspectors. The periods spent on survey training and as Revenue Inspectors will be deemed to be periods of duty under Rule 9(6)(b)(i). [G.O.Ms.No. 391, Fin. & Pig. (F.R.l.), Dt. 30-12-1975]

The Junior Assistants/Senior Assistants will continue to be borne on the establishment of the Commissioner of Land Revenue and substitutes may be appointed in their places in that establishment.

The Junior Assistants/Senior Assistants, during the period of their training; continue to the rates of pay of the posts in the office of Commissioner of Land Revenue, from which they have been deputed, so long as they do not cease to have places in that office; if, for any reason, an Assistant in the office of Commissioner of Land Revenue while undergoing training as a Revenue Inspector, ceases to have a place in the office in which he has been working, he will be given the minimum pay of a Junior Assistant, in the mufassal for the period during which he will have no place in the parent office.

One acting vacancy in the grade of Junior Assistant, should be kept unfilled in the district concerned for every Assistant deputed to the district from the office of the Commissioner of Land Revenue.

(9) & (10) [Not Printed]

F.R. 21. 

Omitted by G.O.Ms.No.30, Fin. & Pig. (FW:FR.l) Dept., Dt.02-03-1995

F.R. 22. 

The initial substantive pay of a Government servant who is appointed substantively to a post on time-scale of pay is regulated as follows:

(a) If he holds a lien on a permanent post, other than a tenure post, or would hold a lien on such a post had his lien not been suspended

(i) When appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purpose of Rule 30), than those attaching to such permanent post, he will draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post;

(ii) When appointment to the new post does not involve such assumption he will draw as initial pay the stage of the time scale which isequal to his substantive pay in respect of the old post, or if there is no such stage, the stage next below that pay, plus personal pay equal to the difference,  and in either case will continue to draw that pay until such time as he would have received an increment in the time-scale of the old post, or for the period after which an increment is earned in the time-scale of the new post, whichever is less. But if the minimum pay of the time-scale of the new post is higher than his substantive pay in respect of the old post, he will draw that minimum as initial pay;

(iii) When appointment to the new post is made on his own request under Rule 15(a) and the maximum pay in the time-scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay;

[(iv) The pay of a regular Government servant (not appointed under emergency provisions) when appointed directly to another post, under the Government on selection by the A.P. Public Service Commission, shall be fixed in the new post at a stage which is not lower than the pay drawn by him in the earlier post.] [G.O.Ms.No.213, Fin., Dt. 13-07-1983]

[Provided that if there is no stage in the pay scale of the new post, the pay shall be fixed in the new post at the stage next below the pay protecting the short fall, if any, as personal pay to be absorbed in future rise in pay on account of grant of increment or otherwise;

Provided further that the benefit shall be- confined to the Government employees only. The employees working in Central Government, Universities, Aided Institutions, etc., who are appointed to the Govt. service on selection by the Andhra Pradesh Public Service Commission or District Selection Committee are not eligible for the benefit provided under sub-clause (iv) of this rule.] [Added by G.O.Ms.No.297, Fin. & Pig. (F.W.F.R.11), Dt. 14-10-1996]

(b) If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial pay the minimum of the time-scale:

Provided, both in cases covered by clause (a) and in cases other than cases of re-employment after resignation, removal or dismissal from the public service covered by clause (b), that if he either-

(1) has previously held substantively or officiated in

(i) the same post, or 

(ii) a permanent or temporary post on the same time-scale, or

(iii) a permanent post, other than a tenure post, on an identical time-scale, or a temporary post on an identical time-scale such post being on the same time-scale as a permanent post ; or

(2) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated, then the initial pay shall not be less than the pay other than special pay, personal pay or emoluments classed as pay by the Governor under Rule 9(2l)(a)(iii), which he drew on the last such occasion, and he shall count the period during which he drew that pay on such last and any previous occasion for increment in the stage of the time-scale equivalent to that pay. If, however the pay last drawn by the Government servant in a temporary post has been inflated by the grant of prematw·e increments, the pay which he would have drawn but for the grant of those increments shall, unless otherwise ordered by the authority competent to create the new post, be taken for the purposes of this proviso to be the pay which he last drew in the temporary post.  

Note 1& 2 :- [Not Relevant]

Note 3:-The benefits, monetary or otherwise, that accrue or have accrued during the tenure of the promotion of a Government servant, outside the regular line shall end with the temporary tenure uf that post and such temporary benefits shall not he perpetuated by being carried forward and i:ounted towards lixation of pay on promotion in the regular line, to the detriment of seniors. However, to avoid sudden drop in the emoluments, the pay drawn outside the regular line shall be protected treating the excess as personal pay, to be absorbed in future rise iu pay un ai:cuunt of grant of increments or otherwise. 

In respect of cases pending upto 9th December, 1969 the officiating pay drawn inappointments made outside the regular line may be taken into account for the purpose of fixation of pay in case of promotion in the regular line only, if it has bt:en drawn for more than three years. 

[Note 3 and exception thereunder omitted and explanation thereunder is made. G.O.Ms.No. 285, Fin & Pig., Dt.19-07-1993]

[Note 4:-For the purpose of fixation nf pay under the proviso to Rule 22(b), the pay drawn in the post held on temporary basis under Rule 10(a) ur 37(a) of the Andhra Pradesh State and Subordinate Servii:e Rules shall be treated as officiating pay]. [G.O.Ms.No.362, Fin., Dt.11-09-1961 & G.O.Ms.No.158, Fin., Dt.23-04-1962].

RULINGS

[(1) When a Govenunent servant is appointed to officiate in a post on a time-scale of pay but has his pay fixed below the mini.mum of the time scale under F.R.35, he must not be treated as having effectually officiated in that post within the meaning of Rule 22, or having rendered duty in it within the meaning of Rule 26 ; such an officer on confirmation, should have his initial pay fixed under Rule 22(a) and draw the next increment after he has put in duty for the usual period required calculated from the date of his confirmation]. [Paragraph 12(ii), Chapter IV. Section I of Manual of Audit lustructions (Reprint)

[(2) In the case of a Govenunent servant appointed substantively to a post in which he had previously officiated and whose present substantive pay is the same as the pay which he drew when last officiating, old Rule 22(b) laid down that he should draw an initial pay equal to that pay and count for increment in that stage the period during which he was drawing that pay. But the position has been servant when appointed to a post substantively while officiating in it is entitled to have his pay fixed anew under the revised Rule 22 with reference to his substantive pay at the time in respect of his old permanent post]. [C.A.G's. Letter No.T-1176-A/170-34, Dt. 11-09-1934]

[(3) In connection with the application of the Government of India's decision embodied in item (15) of the Instructions below, a question was raised as to whetherthe decision would affect any of the existing Audit Instructions issued under Rule 22. The decision has no bearing on any of the Audit Instructions referred to above. The decision does not refer to cases of transfer from one temporary post to another such post, or from a temporary post to a permanent post, it refers only to cases of conversion of a temporary post into a permanent one on a different rate of pay. There is also nothing in the decision of the Government of India which debars service in a temporary post created as an addition to a cadre and on the same time-scale from counting towards increments in a permanent post in that cadre, even after such temporary post has been abolished. The position obtained before the issue of the Government of India's decision remain unaffected even after the issue of that decision]. [C.A.G's. Endorsement No. 209-A/2-36, Dt. 24-06-1937]

(4) to (6) [Not Printed]

(7) When the next increment in the time-scale of either the new or the old post falls due, the Government servant should draw the next increment in the timescale of the new post, and forthwith loose the personal pay and all connection with the time-scale of his old post. The personal pay is given to a Government servant only for the purpose of initial pay and not at any subsequent stage in the new timescale in which the Government servant might draw less pay than he would have drawn had he remained in the old time-scale.

(8) When the pay of a post is changed, but not its duties, and the old pay is split up into pay and special pay, the initial pay fixed for the holders of the post under the new scale, both pay and special pay should under clause (a)(ii) of the rule, not exceed his old pay. Thus an officer on Rs. 450/- whose post is changed into one on Rs. 350-25-500 plus Rs. 100/- special pay should get Rs. 350/- plus Rs. 100/- special pay and not Rs. 450/- plus Rs. 100 special pay.

[(9) In the case of a Government servant whose post is abolished owing to reduction of establishment, and who is provided with an appointment in a new office, his initial pay in the new post should not be fixed under Rule 22(a), as it is not a case of transfer, from one scale of pay to another but of the abolition of one appointment followed by re-appointment to a new post within the meaning of Article 426, Civil Service Regulations. If however, the conditions laid down in the proviso to Rule 22(b) are fulfilled in such a case, the pay may be regulated under that proviso]. [CA.G's. Letter No. 467-E/2088/25, Dt. 30-01-1926]

[Exception:-The pay of employees retrenched owing to reduction of staff as measure of economy when absorbed on an identical post or a lower one should be fixed at the minimum of the time-scale applicable to the post in which they were absorbed actually, plus grade increments counting the length of their previous continuous service in the equivalent as well as higher grade, if any, for the purpose, provided they have not received any pension or gratuity in respect of their previous service. In case where such pension or gratuity was given, the pay on absorption should also be fixed in the above manner provided the persons concerned agreed to surrender the entire amount of pension, or gratuity received by them. Otherwise, only the minimum of the time-scale of the post in which they are absorbed should be allowed. The refund of the pension or gratuity already received by such persons may be made in one lump or in such instalments as may be prescribed by the appointing authority.

The term "continuous service" denotes the service put in by a Government servant, before retrenchment means and includes the length of service ending with the date of retrenchment as reduced by periods of extraordinary leave measured in completed years]. [G.O.Ms.No.219, Fin., Dt. 14-04-1972]

(10) to (12 ) [Not Printed].

(13) Notwithstanding anything contained in Rule 22(a)(ii), a Junior Assistant appointed substantively as Senior Assistant in the Ministerial Service or the Judicial Subordinate Service shall draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post.

[(14) The Government of India have, in consultation with the Comptroller and the Auditor-General of India, decided that, for the purpose of F.Rs. 22 and 23, a temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on the same or a different rate of pay, is not the "same post" as the permanent post, even though the duties remain the same. In other words, in view of F.R. 9(30), the temporary post is to be regarded as having ceased to exist and to have been replaced by the permanent post. The incumbent of the temporary post is thus entitled to the pay of the permanent post if it is on a fixed rate of pay, or to the minimum pay of the time-scale of the permanent post, unless the case is covered by the concession admissible under proviso l(ii) and l(iii) under Rule 22]. [Govt. of India, Fin., Endorsement No.F. 27(25)-Ex. 1/36, Dt. 03-09-1936]

Note:-The net effect will be that service in temporary post on a certain scale of pay when converted into a permanent post on a different scale of pay will not count for increments in the latter scale. [G. O.Ms. No. 433, Fin., Dt. 29-09-1963 & Govt. of India, Fin., Letter No. F. 27(25) Ex. 1/36, Dt. 30-06-1937]

(15) and (16) [Not Printed]

[(17) See ruling (9 ) under Rule 23]. [G.O.Ms.No.101, Fin. (FR.-I) Dept., Dt. 18-05-1966]

F.R. 23. 

The holder of a post, the pay of which is changed shall be treated as if he was transferred to a new post on the new pay; provided that he may at his option retain his old pay until the date on which he has earned his next or any subsequent increment on the old scale, or until he vacates his post or ceases to draw pay on that time-scale. The option once exercised is final.

RULINGS

Application of the Rule to Officiating Government Servants

(1) Rule 23 applies to an officiating as well to a substantive holder of a post, whether such officiating incumbent holds any substantive post to the subsidiary rule under Government or not.

Any break in the officiating period such as that due to transfer to another post or leave without pay, or non-employment would operate as a vacating of the post. The pay during any subsequent officiating period in the post would be governed by Rule 31 read with proviso (1) to Rule 22 subject in the case of Government servants under the Andhra Pradesh Government who hold no substantive post to the subsidiary rule under Rule 35.

(2) In connection with the question whether the pay of a Government servant officiating in a temporary post involving assumption of greater responsibilities should be re-fixed with reference to his substantive pay on a change of the pay of the temporary post, it has been held as under :-

According to Rule 23, the holder of a post, the pay of which is changed, shall be treated as if he were transferred to a new post on a new pay. Therefore, though the duties are not changed but remained the same, the post on the new pay is for the purpose of these Rules treated as one different from the previous post on the old pay. Pay has, therefore, to be refixed under Rule 22 and such refixation can be only with reference to the substantive pay of the Government servant.

(3) If the maximum pay of a post is altered with no change in the rate of increment and the minimum, the initial pay of the holder of that post should be fixed under Rule 22(b) and not under Rule 22(a), even though he may be holding the post substantively.

(4) The expression "subsequent increment on the old scale" in the proviso to Rule 23 should be held to include grade promotion in cases in which a time-scale of pay has been substituted for a graded scale of pay.

[(5) In a case in which the old and new scale after revision consisted of a number of grades, the Government of India have decided that the expression "ceases to draw pay on that time-scale" occuring in Rule 23 gives the power to a Government servant to elect to remain in one of the grades in the old scale till his promotion to a higher grade in the new scale]. [Government of India, No. F 45-R-1/30, Dt. 10-2-193]

[(6) As Rules 22 to 29 apply to any time-scale sanctioned by the President of the Republic of India only so far as such application is not consistent with terms specially sanctioned in relation to such time scale. Rule 23 cannot be held to operate without the specific order of the President of the Republic of India in the case of any revision of such time-scale]. [C.A.G's. Letter No. I 09-A/94-32, Dt. 18-5-1932]

(7) When special pays attached to posts are abolished or reduced, the existing incumbents are allowed to draw the special pays at the original rate as personal pay so long as they continue to hold the posts. In such cases the personal pay is admissible to permanent incumbent, if any, as well as to officiating incumbents. In the case of officiating Government servants or Government servants appointed substantively to a cadre and not to individual posts in that cadre, it has been decided that for purposes of eligibility to draw the personal pay, the continuity of tenure of a Government servant in the post should be considered unbroken if (1) he takes leave on average pay not exceeding four months and returns to the same post on the expiry of his leave or (2) he is deputed temporarily on other duty for administrative reasons, or (3) officiates in a higher post and returns to the same post on the expiry of such duty, provided that it is certified by Government in the case of a gazetted officer, and by the head of the department in the case of the nongazetted officer, that the incumbent would have continued to hold the appointment in respect of which the "personal pay" was granted but for such deputation or promotion as the case may be.

[Note-1: The term "same post" in the above rule should be interpreted to cover posts of the same category in a cadre and not necessarily the post at the same station]. [G.O.Ms No. 822, Finance, Dt. 30-12-1933]

[Note-2: For purposes of the orders embodied in the second sub-paragraph persons in receipt of the same scale of pay in the Ministerial Service should be treated as belonging to a particular cadre. For example, all Lower Division Clerks on Rs. 250-430/- should be treated as belonging to one cadre while Upper Division clerks on Rs. 310-560/- should be treated as belonging to another cadre]. [G.O.Ms.No. 180, Fin. & Pig. (PRC-II) Dept., Dt. 15-7-1975]

(8) The protection afforded by Rule 23 applies only to special pays attached to posts. Unhealthy localities special pays are not attached to posts but are fixed with reference to localities. They are not admissible to all persons holding the posts (which would be the case if the special pays were attached to the posts) as persons who are natives of or are domiciled in the locality are not eligible for them.

[(9) The provisions of these rules will equally apply in cases where a revision of pay is accompanied by change in status of the posts. In such cases, the posts virtually continue as before. Where however, a revision of pay is concurrent with a specific change in the duties and responsibilities attached to the posts, the old post will be deemed to have been substituted by a different post. In such cases, theindividual will be treated as having been appointed to a higher post or a lower post, as the case may be, and pay will be fixed under the relevant rules and not under this rule]. [G.O.Ms.No.101, Finance, Dt.18-5-1966]

CLARIFICATION - F.R. 23

The following letter No. (40)-E-III (A)/65, Dt. 6-11-1965 of the Government of India, Ministry of Finance (Department of Expenditure), New Delhi, clarifies F.R. 23.

The undersigned is directed to refer to Fundamental Rule 23 which provides that holder of post, the pay of which is changed, shall be treated as if he were transferred to a new post on the new pay, provided that he may at his option retain his old pay until the date on which he has earned his next or any snbsequent increment on the old scale or until he vacates his post or ceasts cu draw pay on that time-scale. In connection with the application of this rule, a question was raised whether it would equally apply in case in which the pay scale of a post is revised and such revision is accompanied by change in status.

2. The Government of India have decided that F.R. 23 will equally apply in a case where a revision of pay is accompanied by change in status of the post. In such case the posts virtually continue as before. Where however a revision of pay is concurrent with a specific change in the duties and responsibilities attached to the post, the old post will be deemed to have been .0 nbstituted by a different post. In such cases the individual will be treated as havi,1g been appointed to a higher or lower post, as the case may be and pay will be fixed under the relevant rules and not under F.R. 23.

3. In so far as servants serving in the Indian Audit and Accounts Department are concerned, these orders have been issued in consultation with the Comptroller and Auditor-General of India.

The benefit under F.R. 23 does not ensure to the holder of a temporary post if that temporary post is abolished and a permanent post with a lesser scale of pay is created. Though the duties are one and the same, the temporary post completely goes of existence and a new post with a different time scale emerges and therefore, the incumbent has no option except to draw the pay in the new permanent post.

Example (1) :- Mr. A is holding a temporary post in the time-scale Rs. 410 - 625. The scale of pay of the temporary post is changed into Rs. 350-550. Mr. A has an option to retain old scale of pay.

Example (2) :- Mr. A holding a temporary post on Rs. 410-625. The said post is abolished and permanent post is created in its place on a time-scale of Rs. 350-5.50. Mr. A has no right to opt to retain the old scale. He automatically goes to the new scale notwithstanding the fact that there is no change in the duties and responsibilities.

F.R. 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. [Subs. by G.O.Ms.No. 12, Fin. & Pig. (PW : FR.-1) Dept., Dt. 7-2-95)

Note 1 :- The authority competent to withhold increments from a Government servant is the authority in which such power has been vested by the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. [G.O.Ms.No. 45, Fin., Dt. 17-2-1965]

Note 2 :- The procedure that should be followed for stoppage of increment. of a Government servant under the rule-making control of the Government of Andhra Pradesh is the procedure prescribed in the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.

Instruction under Rule 24

An authority withholding an increment of a Government servant should expressly state in the order that the period for which the increment has been stopped will be exclusive of any interval spent on leave before the period is completed.

RULINGS

(1) The order withholding an ordinary increment in a time-scale must specify the period for which it is to be withheld if the order is to be operative. If the order does not state that the withholding of the increment shall have the effect of postponing future increments, it shall be assumed that the officer's pay is restored to what it would have been, had his increment not been withheld from the next natural date from which he would have drawn an increment.

The effect of an order withholding a particular increment is that the officer remains on the same pay without any increment for the period for which that order withholds that increment.

(2)

(a) All orders withholding increments issued by administrative authorities in the case of audit gazetted officers should be scrutinized in audit to see if they are in accordance with the above instructions. As regards non-gazetted officers, heads of departments and officers will be responsible for seeing that the instruction is observed.

(b) When an increment of an officer is withheld with cumulative effect, it is not the intention that the instruction under Rule 24 should be applied.

(3) [Not Relevant]

Effect of stoppage of increment of pension

(4) 

(a) Where it is proposed to withhold an increment in an officer's pay as a punishment, the authority inflicting the punishment should before the order is actually passed, consider whether it will affect the officer's pension, and if so, to what extent if it is decided finally to withhold the increment, it should be made clear in the order that the effect of the punishment on the pension has been considered and that the order is intended to have this effect.

(b) [Not Printed]

(5) 

(a) If a Government servant is suspended for misconduct, neither the period of suspension nor any period of service preceding the suspension shall be allowed to count towards the period necessary to earn an increment - G.O.Ms. No. 212, Finance, Dt. 16-5-1961

(b) No Government servant shall be given his increment unless an increment certificate as prescribed in the Treasury Code Form 49 is signed by the drawing officer and attached to the pay bill.  These orders are applicable to all Government servants who are on incremental scales of pay whether the increments accrue annually or at other intervals. In cases in which increments are granted based on the assumption of completion of probation without an order by the competent authority, the drawing officer should record a certificate in the corresponding increment certificate to the following effect [Certified that the appropriate authority, not having passed an order declaring satisfactory completion of probation since a period of one year has elapsed after the due date for the completion of probation (including extension of probation) and the Government servant has also passed all the prescribed tests; satisfied all other conditions prescribed for completion of probation, and that no disciplinary proceedings as contemplated under General Rule 25 are pending against him on the date of expiration of the prescribed or extended period of probation, the probation is deemed to have been completed satisfactorily with retrospective effect from. .......... ] [Subs. by G.O.Ms. No. 424, Finance, Dt. 23-12-1964]

[The drawing officer should ensure that the above certificate is recorded on the periodical increment certificate whenever the increment is granted based on the assumption of completion of probation without an order by the competent authority]. [G.O.Ms. No. 208, Dt. 13-3-1964 and Memo. No. 32271/FR/63, Dt. 7-8-1963]

Notes 1 and 2: [Not Relevant]

(6) and (7) [Not Relevant]

[(8) and (9) Omitted by G.O.Ms. No. 315, Finance, Dt. 11-7-1972]

F.R. 25. 

Where an efficiency bar is prescribed in a time-scale, the increment next above the bar shall not be given to a Government servant without the specific sanction of the authority empowered to withhold increments, under Rule 24 or the relevant disciplinary rules applicable to the Government Servant or of any other authority whom the Government may by general or special order authorise in this behalf.

RULINGS

1 and 2. [Not Printed].

F.R. 26. 

The following provisions prescribe the conditions on which service counts for increments in a time-scale;

[(a) All duty in a post on a time-scale counts for increments in that time-scale Provided that 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]. [G.O.Ms.No. 177, Fin., Dt. 23-7-1968]

Note 1:- An officiating Government servant who has no substantive appointment and who has been discharged from service cannot count non-continuous officiating service for increment in a time-scale.

Note 2 :- The break in service of an officiating Government servant caused by his discharge under Rule 8(a)(iii) of the State 'and Subordinate Service Rules shall be condoned so as to enable him to count for increments the service prior to the break.

[Note 3 :- A Government servant of the Police Subordinate Service can count for increments the service rendered prior to suspension imposed on him as a specific penalty]. [G.O.Ms.No. 249, Fin., Dt. 13-12-1967 & Memo No. 11710/184/FRI/68, I. Dt. 3-9-1968]

[(aa) The pay of a Government servant whose date of seniority/ promotion has been revised and fixed from an earlier date, pay may be refixed on the basis of notional duty in the post from time to time. For this purpose, the periods for which the Government servants concerned would have officiated in the higher post if he had been promoted actually on that date may be reckoned and weightage for only such period given from the notional date or promotion. The non-qualifying periods like extraordinary leave, suspension etc., should also be deducted from this period]. [G.O.Ms.No. 163, Fin. & Pig. (FRI), Dt. 30-6-1978]

Note 1 :- Monetary benefit arising out of re-fixation as above, shall be limited to the duty periods and arrears shall be payable only for the periods during which the Government servant actually discharged the duties of the post. Arrears shall not be payable for the notional duty periods assigned as a result of revision of seniority position.

Note 2 :- While a Government servant who is already promoted before the revision of seniority and who is assigned an earlier date of promotion, shall be allowed arrears resulting from the pay fixation in the manner set out in Note I above for the periods during which he actually discharged the duties of the post and in the case of Government servant who has been promoted before the revision of his seniority but is promoted after the review, he shall be allowed monetary benefit of pay fixation from the date of promotion only.

Note 3 :- In the case of Government servant who has already retired or died before the revision of his seniority and re-fixation of pay, the arrears shall be payable in the manner indicated in Note 2 above, and pensionary benefits shall also be revised on the basis of the notional pay fixation in the manner indicated in Note (2) above and the monetary benefit of Pension/Family Pension or Death-cum-retirement gratuity as the case may be, shall be allowed from the date of retirement/death. [G.O.Ms.No. 163, Fin. & Pig., Dt. 30-6-1978]

[Note 4 :- In regard to selection grades, the position is that if by virtue of revised seniority Government servant concerned is to be allowed selection grade scale, it may be allowed with arrears if duties have been discharged in the normal grade of that post. In the case of those who lost their seniority, however, their pay is brought down to the ordinary scale from the original date, their pay fixed in the ordinary scale of pay, ignoring the intervening appointment to selection grade and the correct rate of pay so properly fixed in the ordinary scale, is to be allowed from the date of issue of the orders]. [G.O.Ms.No. 286, Fin. & Pig., Dt. I 0-11-1978]

(b) 

(i) Service in another post, other than a post carrying less pay referred to in clause (a) of Rule 15, whether in a substantive or officiating ,capacity, service on deputation out oflndia, and leave other than extraordinary leave shall count for increments in the time-scale applicable to the post on which the Government servant holds a lien, as well as in the time-scaleapplicable to the post or posts, if any, on  which he would hold a lien had his lien not been suspended;

ii) All leave other than extraordinary leave and the period of deputation out oflndia shall count for increment in the time-scale applicable to a post in which a Government servant was officiating at the time he proceeded on leave or deputation out of India and would have continued to officiate but for his proceeding on leave on deputation out of India.

Provided that the Government may, in any case in which they are satisfied that the extraordinary leave was taken on account of illness or for any other cause beyond the Government servant's control or for prosecuting higher scientific or technical studies with an undertaking to serve the Government on return from leave for a period of atleast 5 years, direct that extraordinary leave shall be counted for increment under clause (i) or (ii).

[Note :- When a Government servant of the State of Andhra Pradesh while officiating in a post. is on deputation in the service of the Government of another State in India or the Central Government, the period of such deputation shall count for increment in the time-scale applicable to the post in which he was officiating at the time of deputation. The period of deputation which counts for increment in the posts in which the Government servant was officiating at the time of deputation shall be limited to the period during which he would have continued so to officiate but for his deputation]. [G.O.Ms.No. 294, Fin., Dt. 14-9-1964 and G.O.Ms.No. 183, Fin., Dt. 19-7-1965].

[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] [G.O.Ms.No. 307, Fin.(FR-11), Dt. 03-12-2012]

(c) If a Government servant while officiating in a post or holding a temporary post on a time-scale of pay, is appointed to officiate in a higher post or to hold a higher temporary post his officiating or temporary service in the higher post shall, if he is re-appointed to the lower post, or is appointed or re-appointed to a post on the same time-scale of pay count for increments in the time-scale applicable to such lower post.

The period of officiating service in the higher post which counts for increment in the lower is, however, restricted to the period during which the Government servant would have officiated in the lower post but for his appointment to the higher post. This clause applies also to a Government servant who is not actually officiating in the lower post at the time of his appointment but who would have so officiated in such lower post or in a post on the same time-scale of pay had he not been appointed to the higher post.

(d) Deleted.

(e) Foreign service counts for increments in the time-scale applicable to 

(i) The post in Government service on which the Government servant concerned holds a lien as well as the post or posts, if any on which he would hold a lien had his lien not been suspended;

(ii) any post to which he may receive officiating promotion under Rule 113 for the duration of such promotion; and 

(iii) the post in Government service held by him in an officiating or a temporary capacity, subject to the condition that the period of foreign service which counts for increments in the officiating or temporary post will be restricted to the period during which the Government servant would have held the officiating or temporary post but for his appointment in foreign service.

[Note-1 : The Commissioner of Land Revenue may issue Certificates to the effect that the SpeciaVOrdinary Grade Deputy Collectors would have officiated in the post but for their deputation to Foreign Service]. [G.O.Ms.No. 174, Fin. & Plg., Dt. 30-4-1976]

[Note-2 : When Government servants are transferred to Corporations/Universities etc., along with the posts, the services rendered under such organisations till their final absorption in the organisation or reversion to Government service shall count for the purposes of increments in the officiating/temporary posts held by them at the time of their transfer to foreign service. No certificate under F.R. 26(e)(iii) shall be necessary in such cases]. [G.O.Ms. No. 335, Fin. & Plg., Dt. 28-9-1977]

(f) Joining time counts for increments :-

(i) if it is under clause (a) or clause (d) of Rule 105, in the time-scale applicable to the post on which a Government servant holds a lien or would hold a lien had his lien not been suspended, as well as in the time-scale applicable to the post, the pay of which is received by a Government servant during the period; and

(ii) if it is under clause (b), or clause (c) of Rule 105 in the time-scale applicable to the post/posts on which the last day of leave before the commencement of the joining time counts for increment. Delegation under Rule 26 [The Heads of the Departments are empowered to count the extraordinary leave taken on account of illness on medical certificate, for prosecuting higher scientific or technical studies for a period not exceeding six months towards the grade increment, [in respect of Government servants, working under them]. [G.O.Ms.No.43, Fin. & Plg., Dt. 5-2-76 & G.O.Ms.No.261, Fin & Plg., Dt.23-6-1976]

RULINGS 

under Rule 26(a) Increment admissible to a probationer 

(1) If a probationer is confirmed at the end of a period of a probation exceeding twelve months, he is entitled to claim retrospectively the increments which, but for his probation, he would have received in the ordinary course.

[(2) In cases where the passing of an examination or test confers on a Government servant the title to any right, benefit or concession, such title shouldbe deemed to have accrued on the day following the last day of the examination or test which he passed. In cases where the examination or test can be passed in instalments, the title to the right, benefit or concession will be deemed to have accrued on the day following the last day of the examination in the subject or subjects in which he has passed. [G.O.Ms.No. 446, Public (Services), Dt. 1-5-1937]

[The above ruling does not apply to District and Sessions Judges recruited direct from the Bar on probation. Increments may be allowed to such officers in accordance with rules (c) and (e) of the rules regulating the pay of officers promoted from a State Service to hold Indian Civil Service posts or otherwise appointed to hold such posts]. [Government of India Letter No. F. 129/34, Home (Estt.), Dt. 29-3-1935)

Note :- The right conferred by passing the examination is the right to draw an increment from the day following the last day of the examination, provided that the person concerned is otherwise eligible for the increment.

(3) to (7) [Not Relevant]

(8) The rules for permanent incumbents embodied in the special rules for the Public Subordinate Service issued under the Police Act will apply automatically to all the holders of temporary posts. Hence ad-hoc rules will not be issued in respect of these temporary posts.

(9) [Not Printed]

(10) A question was raised whether a Government servant appointed to a post neither as a probationer, nor under the emergency provisions (e.g., a Sherishtadar appointed as Assistant Secretary to Government under Rules 2(3) and 6 of the Special Rules for the General Service, Class IX) can draw increments in the time scale of pay attaching to that post after putting in the necessary period of duty. There is no provision in the Service Rules which prevents him from drawing increments, nor will the provisions of Rule 31-A relating to probationers and approved probationers apply to him. In such a case Rule 26 will apply and he will accordingly be eligible to draw increments.

(11) In the case of a Government servant without a substantive post who has been continuously in Government employ, but whose tenure of officiating service in a time-scale is interrupted by duty in another post whether on time-scale or fixed pay, his intervening service should not be regarded as a break of continuity of service for the purpose of Note 1 under Fundamental Rule 26(a).

Note :- Interruption of continuous officiating service in a time-scale by duty in a post borne on the workcharged establishment or by service in the post of a copyist in the Judicial Department or by service in the post of Process Amin in the Revenue Department is not a break of continuity of service for the purpose of Note I under Rule 26(a).

(12) When the tenure of officiating service of a Government servant in a time-scale of pay is interrupted by duty in a post of Copyist or Examiner in the Revenue Department his intervening service should not be regarded as a break of continuity of service for the purpose of Note 1 under Rule 26(a).

(13) [Omitted]

RULINGS 

under Rule 26(b)

(1) [Not Prillted]

Effect of overstayal of leave on increments 

(2) A period of overstayal of leave does not count towards increments under the Fundamental Rules unless under Rule 85(b) it is commuted into extraordinary leave, and under Rule 26(b) extraordinary leave is allowed to count for increments. [Letter No. T. 1091-A/90-35, Dt. 2-9-1935 from the C.A.G., Madras]

(3) [Not Prillted]

Conditions under which a Government servant officiating in a post can count a period of absence on duty from the post for increments in the time-scale attached to it

(4) 

(i) In the case of a Government servant, who, while officiating in one post, is appointed to officiate in another, the period of joining time spent in proceeding from one post to the other shall be treated as duty in the post, the pay of which the Government servant draws during the period and will count for inc:i;ement in the same post under Rule 26(a).

(ii) In the case of a Government servant who, while officiating in a post, proceeds on training or to attend a course of instruction, and who is treated as on duty, while under training, the period of such duty will count for increment inthe post in which he was officiating prior to his being sent for trammg or instruction if he is allowed the pay of the officiating post during such period]. [G.I.F.D., Letter No. F. 250-C.S.R., Dt. 19-12-1924]

(5) Deleted.

Effect of leave taken by officiating Government servants for increments

(6) The period of compulsory leave i.e., one month's leave each year, taken by officiating Assistant Surgeons in the Radiology Department will reckon as service for increments.

(7) to (8) [Not Relevant].

(9) Officiating service in a lower time-scale will not count for increments in the substantive post on a higher scale without the specific sanction of Government in each case.

(10) and (11) [Not Printed].

RULINGS 

under Rule 26(b)(ii)

(1) Omitted.

[(2) The certificate required to be issued under Rule 26(b )(ii) shall be issued by the authority competent to sanction leave to the Government servant concerned. The certificate issued in the case of a non-gazetted Government servant shall be recorded in a very concise form, such as "certificate under F.R. 26(b )(ii) issued for the period from ............. to ............. " after the entry regarding leave in the service book]. [G.O.Ms. No. 843, Finance, Dt. 3-10-1959, G.O.Ms. No. 2185, Finance, Dt. 23-11-1959, G.O.Ms. No. 2293, Finance, Dt. 8-12-1959 & G.O.Ms.No. 173, Finance, Dt. 12-1-1960].

[(3) Also refer to ruling (2) under F.R. 31-A].

[G.O.Ms.No. 527, Fin., Dt. 23-9-1963]

RULINGS

under Rule 26(c)

[(1) The intention of the rule was to introduce a fresh concession permitting a Government servant to count officiating service in a higher post as service for increment in a lower post if he is re-appointed to the lower post. This is not merely an alternative to the ordinary rule in Rule 26(a) which permits such officiating service to count for increment in the higher post]. [C.A.G's Endt. No. 6-A-412/23, Dt. 7-1-1924]

A Government servant can also count this officiating service in the higher post for increments in that post if he is subsequently appointed to it either in an officiating or permanent capacity.

(2) Rule 26(c) should be applied also to officiating Government servants without substantive appointments.

[(3) The intention of Rule 26(c) is to allow the concession, irrespective of whether the higher post is within or outside the Department to which the Government servant belongs]. [Paragraph 8, Chapter IV, Section I of Manual of Audit Instructions.

(4) For the purpose of Rule 26( c ), it is not necessary that reappointments to the lower post on reversion from the higher officiating or temporary post should be made immediately in continuation of the duty in the higher post. Any interruption due to leave, or reversion to the permanent post will not deprive a Government servant of the concession of counting his service in the higher post for increments in the lower post, if appointed thereto subsequently.

(5) [Not Printed].

(6) If a Government servant while officiating in a post is appointed to officiate in a higher post, his officiating service in the higher post will, if he is reappointed to the lower post, count for increment in the lower post, even though his officiating pay in the higher post is less than his officiating pay in the lower post.

Example: A Government servant officiating as an Examiner or Copyist on Rs. 47/- per mensem in the scale of Rs. 45-1-50 if appointed to officiate as clerk on Rs. 45 per mensem in the scale of Rs. 45-90 can count his officiating service as clerk on Rs. 45/- per mensem for increment as Examiner in the stage of Rs. 47/-.

(7) In order to allow the period of officiating service in a higher post to count for increment in a lower post under the second sentence of Rule 26(c), a certificate to the effect that the officer would have officiated in the lower post had he not been appointed to officiate in the higher post, should be obtained from the authority competent to appoint the officer to the lower officiating post.

(8) [Not Printed].

(9) For the purpose of Rule 26(c), the officiating and temporary service in the higher post will include the periods of leave which count for increments in that post under Rule 26(6)(ii). 

[(10) The service as Lecturer (Clinical or non-clinical) on the special scale of pay in the teaching line should be counted for increments in the post of Civil Assistant Surgeon in the Andhra Pradesh Medical Service). [G.O.Ms. No. 2096, Fin., Dt. 29-10-1959]

Implications of Rule 26(a) to (c)

The implications of clauses (a) to (c) of Rule 26 are as under :-

(i) Clause (a) prescribes that all duty, whether in a substantive or officiating capacity, in a post, permanent or temporary, either continuous or in different spells, counts for increment in the time-scale applicable to the posts. All the other clauses provide for circumstances in which interruptions in duty in a post may so count.

(ii) Clause (b) prescribes that Government servant holding a permanent post in a substantive or provisionally substantive capacity, is entitled to count interruptions of duty in that post due to (1) service in another post (Permanent or temporary) whether in a substantive or officiating capacity, or (2) service on deputation or (3) leave with leave salary, for increment in the time-scale applicable to that permanent post. This clause, thus, excludes from its scope interruptions of duty in an officiating capacity in a permanent post or in any capacity in a temporary post, these are covered by clauses (b)(ii) & (c).

(iii) Clause (c) applies where the intenuption of duty in an officiating capacity in a permanent post, or in any capacity, in a temporary post, is caused by appointment to a higher permanent post in an officiating capacity, or to a higher post in any capacity. It provides that, subject to the restriction in the penultimate sentence of the clause, such intenuption counts for increments in the time-scale applicable to that lower-post, which he held previously, if he is re-appointed to the lower post, whether immediately or on reversion or after break. [C.A.G's Letter No. 117-A/185-44, Dt. 5-4-1945].

F.R. 27. 

An authority may grant a premature increment to a Government servant on a time-scale of pay, if it has power to create a post in the same cadre on the same scale of pay.

[Exception: In respect of the posts which are created by the General Administration Department, being the authority to create posts in the Secretariat Departments, the Administrative Departments of Secretariat concerned may at their discretion, grant advance increments to the incumbents of the posts only with the previous approval of the Finance Department]. [G.O.Ms.No. 217, Finance, Dt. 13-10-1966].

Note 1:- [Not Relevant].

[Note 2 :- The exercise of power under this rule shall not be used by the Departments of Secretariat or other competent authorities to grant premature increments :-

(i) as reward for meritorious work;

(ii) in disregard of the advice of the Finance Department in any individual case of fixation of pay;

(iii) in disregard of the normal rules governing fixation of pay except in cases of hardship or where the circumstances are unusual; or

(iv) to take into account the monetary equivalent of certain pre-requisites allowed, special pay drawn or deputation allowance granted in a previous post, for the purpose of fixing the initial pay on appointment to another post where such monetary benefits are not permissible]. [G.0.Ms. No. 187, Finance, Dt. 23-6-1970].

The above provisions will not, however, affect the use of Rule 27 where specifically allowed under separate Government orders already in existence.

RULINGS

Effect of grant of premature increments on future increments

(1) When increments are granted in advance, it is usually the intention that the Government servant should be entitled to subsequent increments in the same manner as if he has reached his position in the scale, in the ordinary course, and in the absence of special orders to the contrary he should be placed on exactly the same footing as regards future increments as a Government servant who has so risen.

(2) In drafting the Fundamental Rules, it was clearly recognised that Rule 27 would enable initial rate of pay to be fixed otherwise than in the manner enunciated in Rule 22. [C.A.G's. D.O. No. 2-A/408-23, A.G.P. and T., Dt. 3-1-1924]

(3) The expression 'scale of pay' represents the maximum of the scale which is to be taken into account for determining the authority competent to sanction increments rather than the stage of it. [Letter No. 145-A/3-23, from Auditor, Government of India sanctions]

(4) [Not Printed].

Note :-Not Relevant.

F.R. 28. 

The authority which orders the transfer of a Government servant as a penalty from a higher to a lower grade or post may allow him to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper:

Provided that the pay allowed to be drawn by a Government servant under this rule shall not exceed the pay, which he would have drawn by the operation of Rule 22 read with clause (b) or clause (c), as the case may be, of Rule 26.

F.R. 29. 

(1) If a Government servant is reduced, as a measure of penalty, to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective, and whether, on restoration, it viz., the period of reduction, shall operate to postpone future increments, and, if so, to what extent.

(2) If a Government servant is reduced, as a measure of penalty, to lower service, grade or post, or to a lower time-scale, the authority ordering the reduction may or may not specify the period for which the reduction shall be effective, but where the period is specified, that authority shall also state whether, on restoration, the period of reduction shall operate to postpone, future increments, and if so, to what extent.

INSTRUCTION

An authority ordering the reduction of an officer for any specified period should expressly state in the order that the period for which the reduction has been ordered will be exclusive of any interval spent on leave before that period is completed.

RULINGS

(1) 

(a) Every order of reduction passed under Rule 29(1) should indicate:-

(i) The date from which it will take effect and the period (in terms of years and months) for which the penalty shall be operative. It should be noted that the reduction is not permissible either for an unspecified period or as a permanent measure.

(ii) The extent (in terms of years and months) if any, to which the period referred to in (i) above, should operate to postpone future increments, the period specified under this clause, shall in no case exceed the period specified in clause (i) above.

(iii) The stage in the time-scales (in terms of rupees) to which the Government servant is reduced. The order of reduction to the lower stage in a time-scale, shall be as in the following form" The . ...................................... has decided that Shri. ....................................... . should be reduced to a pay of Rs ............................ for period of .................... .. with effect from ............................... .

(b) The pay of the Government servant on restoration after expiry of the period of reduction shall be decided as follows :-

(i) if the order of reduction lays down that the period of reduction shall not operate to postpone future increments, the Government servant shall be allowed the pay which he would have drawn in the normal course but for the reduction. If, however, the pay drawn by him immediately before reduction was below the efficiency bar, he shall not be allowed to cross the bar, except in accordance with the provisions of Rule 25.

(ii) if the order lays down that the period of reduction shall operate to postpone future increments, the pay of the Government servant on restoration shall be fixed in accordance with (i) above, but after treating the period for which the increments were to be postponed as not counting for increments.

(2) (a) Every order of reduction passed under Rule 29(2) should indicate:-

(i) The date from which it will take effect and in cases where the reduction is proposed to be imposed for a specified period, the period (in terms of years and months) for which the penalty shall be operative. It should be noted that the reduction may be for an unspecified or an indefinite period and in cases where no period has been specified in the order of penalty, the conclusion is that the penalty is for an unspecified period.

(ii) The extent (in terms of years and months) if any, to which the period referred to in (i) above shall operate to postpone future increments on restoration, after the specified period. The period specified under this sub-clause shall in no case exceed the period specified under sub-clause (i) above.

(b) The pay of the Government servant on reduction and on reappointment shall be decided as follows

(i) When a Government servant is reduced to a lower service, grade, or post to lower time-scale, whether for a specified or unspecified period, the pay in the lower service, grade or post or a lower time-scale, shall be regulated in accordance with Rule 28.

(ii) In cases where the period of reduction is specified, the pay of the Government servant on re-appointment to the higher post or grade shall be decided as follows:-

(a) If the order of reduction lays down that the period shall not operate to postpone future increments, the Government servant shall be allowed the pay, which he would have drawn in the normal course but for his reduction. If the pay drawn by him immediately before the reduction was below the efficiency bar, he shall not be allowed to cross the bar except in accordance with the provisions of Rule 25.

(b) If the order lays down that the period of reduction shall operate to postpone his future increments, the pay of the Government servant on restoration shall be fixed in accordance with (i) above but after treating the period of which increments are to be postponed as not counting for increments.

(iii) In cases where the period of reduction is for an unspecified period, the pay of the Government servant if and when he is reappointed to the higher post/grade in the normal course, will be regulated only in accordance with the normal rules relating to pay fixation]. [G.O.Ms.No. 242, Fin., Dt. 3-6-1961 read with [G.O.Ms.No.523, Fin., Dt. 20-9-1963]

F.R. 29-A. 

Where an order of penalty of withholding of increment of a Government servant or his reduction to a lower service, grade or post or to a lower time-scale, or to a lower stage in a time-scale, is set aside or modified by a competent authority on appeal or review, the pay of the Government servant shall, notwithstanding anything contained in these rules, be regulated in the following manner:

(a) If the said order is set aside, he shall be given, for the period such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn ;

(b) If the said order is modified, the pay shall be regulated as if the order as so modified had been made in the first instance.

Explanation :-If the pay drawn by a Government servant in respect of any period prior to the issue of the orders of the competent authority under this rule is revised, the leave salary and allowances ( other than travelling allowance) if any, admissible to him during that period shall be revised on the basis of the revised pay.

F.R. 30. 

Pay of officiating Government servants :

(1) Subject to the provisions of Chapter VI, a Government servant, who is appointed to officiate in a post, shall not draw pay higher than his substantive pay in respect of a permanent post, other than a tenure post, unless the post in which he is appointed to officiate is one of those enumerated in the schedule to this rule or unless the officiating appointment involves the assumption of duties and responsibilities of greater importance than those attaching to the posts, other than a tenure post, on which he holds a lien or would hold a lien had his lien not been suspended:

Provided that the State Government may exempt from the operation of this rule any service other than an All India Service which is not organised on a time-scale basis and in which a system of acting promotion from grade to grade is in force at the time of the coming into force of these rules;

Provided further that the Governor may specify posts of outside the ordinary line of a service, the holders of which may, notwithstanding the provisions of this rule, and subject to such conditions as the Governor may prescribe, be given any officiating promotion in the cadre of the service which the authority competent to order promotion may decide, and may thereupon be granted the same pay (whether with or without any special pay attached to such posts), as they would have received if still in the ordinary line.

(2) For the purpose of this rule, the officiating appointment shall not be deemed to involve the assumption of duties or responsibilities of greaterimportance if the post to which it is made is on the same scale of pay as the permanent post, other than a tenure post, on which he holds a lien or would hold a lien, had his lien not been suspended or on a scale of pay identical therewith.

SCHEDULE

(1) District and Sessions Judge, Grade - I.

(2) to (9) [Not Printed]

Note :-In the case of ministerial and other establishments in which there are no grades in the sense in which the word is used in the Civil Service Regulations, the exception under Rule 30 is intended to cover where necessary all cases of the · grant of acting allowances from the fixed rate of pay to another without change of duty in other than All India Services. [Govt. of India, Fin. Dept., No. 738-C.S.R., Dt. 13-7-1922 in G.O.No. 662, Finance, Dt. 5-8-1922]

RULINGS

(1) The Statutory Rules issued for the various services will -override the Fundamental Rules, where the latter are repugnant to the former. Consequently the pay of an officer appointed to a post in a service should be fixed with reference to the Statutory Rules relating to that service notwithstanding anything contained in the Fundamental Rules. Thus when a Government servant holding, a permanent post in one service is on probation in a post in another service, in which he is merely officiating, enhanced pay in respect of his officiating post may be granted under the Statutory Rules relating to that service if admissible under these rules.

A declaration from the Government as to the admissibility of officiating promotion under Rule 30 is not necessary in such cases.

(2) [Not Printed]

Counting of service in the special post for increment

(3) (i) It is not intended that the phrase "outside the ordinary line of service" in the second proviso to clause (i) of Rule 30 should be rigidly interpreted either as "outside the cadre of a service" or as "outside the ordinary time-scale".

The form of words adopted was designed to allow the Government to exercise their discretion in regard to cases where exceptional circumstances which could not be foreseen and provided for by rule, might arise.

(ii) The specification of a post under this proviso will enable a Government servant to count service in that post for increment in the grade in which he would have officiated had he not been holding the specified post.

Note: [Not Printed].

(4) and (5) [Not Printed].

(6) A declaration by a State Government that a particular post involves more important duties or duties of a different character justifies the grant of officiating pay to a Government servant appointed to the post from another post in the same cadre. [Ruling (14), Section N of Compilation of Audit Rulings]

(7) The words 'duties' and 'responsibilities' used in Rule 30 are to be interpreted in a wide sense as including besides the work to be performed the general responsibilities and liabilities incidental to being a member of a particular service. [C. & A.G's No. 3971-A/676-23, Dt. 13-9-1923]

(8) Higher officiating pay is not permissible in cases where different posts on different scales of pay have been merged into a single revised scale.

(9) [Not Printed]

(10) The pay of draughtsmen promoted as supt:rvisors in the Public Works and Roads and Buildings Departments should be fixed in the scale of pay applicable to supervisors, at the stage next above the pay they are actually drawing at the time of promotion, subject to the following conditions :-

(i) Once the pay of such promotees is fixed in the category of supervisors as mentioned above, they will not be entitled to the higher rates of pay to which they would become eligible from time to time, consequent on their promotion to higher grades in the category of draughtsmen ; and

(ii) in cases where a draughtsman, officiating in a higher grade post is promoted as supervisor, he will be eligible to have his pay as supervisor fixed as mentioned above, only if he would have continued to officiate in the higher grade post but for his appointment as supervisor. If out for his appointment as supervisor, he would have been holding a lower grade post in the category of draughtsmen, his pay should be revised accordingly i.e., he should be allowed to draw as supervisor, the minimum of the scale of pay of supervisor or his pay as draughtsman, whichever is higher.

(11) and (12) [Not Printed].

(13) See Ruling (9) under Rule 23. [G.O.Ms.No. 101, Finance, Dt. 18-5-1966

F.R. 31. 

(1) Subject to the provisions of Rules 30 and 35, a Government servant who is appointed to officiate in a post will draw the presumptive pay of that post.

(2) On an enhancement in the Substantive pay, as a result of increment or otherwise, the pay of such Government servant shall be refixed under sub-rule (1) from the date of such enhancement as if he was appointed to officiate in that post on that date where such refixation is to his advantage.

[Note :- Where the increment of a Government servant in the post in which he is officiating has been withheld under Rule 24 without any reference to the increments that will accrue to him in the post held by him substantively, the provisions contained in subrule (2) of this Rule shall not apply before the date from which the orders of withholding the increment finally cease to be operative. However, the Government servant may be allowed during the period of penalty of withholding of increment, his substantive pay from time to time, if the same happens to be more than the officiating pay. These provisions shall also apply in respect of a Government servant whose pay in the post held by him inan officiating capacity has been withheld at a particular Stage, or the efficiency bar stage of the time-scale of that post for failure to pass the departmental examination]. [G.O.Ms. No. 1698, Fin., Dt. 28-11-1958, G.O.Ms.No. 2373, Fin., Dt. 19-9-1960 and G.O.Ms.No. 80, Fin., Dt. 3-3-1962]

RULINGS

Pay of officiating Government servants, when the pay of post is reduced

(1) The pay of a Government servant officiating in a post the pay of which has been reduced with effect from the next succession thereto is regulated on the reduced pay. 

When the pay is subject to increase

(2) The pay of a Government servant officiating in a post, the pay of which is subject to increase upon the passing of an examination or upon the completion of a certain period of service is the pay which he would from time to time receive if he held the post substantively.

Example of proviso to Rule 31

(3) Section Officers of the Secretariat and Superintendents of the Office of Commissioner of Land Revenue, when sent to districts as Tahsildars or Deputy Tahsildars, shall not draw, while serving as Tahsildar or Deputy Tahsildar, pay or increments in excess of that sanctioned for Tahsildar or Deputy Tahsildar as the case may be. Subject to this limitation, a Section Officer/Superintendent, when sent out as Tahsildar / Deputy Tahsildar, may draw as starting pay his permanent pay as Section Officer / Superintendent. He will also be allowed to count any period of Service as Section Officer/Superintendent in the particular stage in his permanent scale of pay, for increments to the next stage in the scale of pay sanctioned for Tahsildars, e.g., a Section Officer/Superintendent who has put in four months' service on Rs. 300/240 will be allowed tp draw Rs. 320/250 in the scale of pay sanctioned for Tahsildars after he has put in eight months' service as Tahsildar.

Exception:-The above ruling does not apply to cases of Section Officers of the Secretariat and Superintendents of Commissioner of Land Revenue, who are deputed for training in the Revenue Subordinate Service under the Scheme sanctioned in G.O.Ms.No. 276, Revenue, Dt. 31-1-1950.

(4) [Not Printed]

Fixing of initial pay of persons without substantive appointment on re-employment after discharge for want of vacancies

(5) If a person without any substantive appointment is selected for admission to a service and is ousted for want of vacancy, he will, on reappointment, start only on the minimum pay in the time-scale applicable to the post with reference to Note I under Rule 26 (a), unless advance increments are sanctioned by Government under Rule 27.

Pay of Military Officers in Civil Employ

(6) [Not Printed]

(7) Please see Ruling ( l0)(a) under Rule 19 regarding the grant of personal pay to save, from loss in emolwnents, officers holding permanent posts on promotion to higher posts on the new revised scale of pay.

(8) [Not Printed].

[(9) In the case of a Government servant officiating in a post whose pay had been re fixed under Rule 31 (2) if he is confirmed in that post from a retrospective date, the re fixation of pay done under Rule 31 (2) after the date of his confirmation will have to be revised and the overpayments consequent on such revision will first be set off against the arrears, if any that might become payable to the Government servant for a portion of the period from the date of confirmation to the date of issue of orders of confirmation. The balance of the overpayments that cannot be set off against the arrears, if any, shall be waived]. [G.O.Ms.No. 241, Fin., Dt. 3-6-1961]

[(10) In the case of a person proceeding on leave, if the period of leave counts for increment in the officiating post, either under Rule 26(b )(ii) or 26(b) subject to the fulfilment of the conditions and production of the necessary certificates, his officiating pay may be re fixed under Rule 31 (2) from the very date of increment or increase in the substantive pay, as if he was appointed to officiate in that post on that date. The benefit of the increase in officiating pay can be had by him only from the date of resumption of duties, but his next increment in the officiating post will accrue to him from an earlier date in the next year calculated with reference to the date or refixation of Pay.  If, however, the period of leave does not count for increments in the officiating post, the Government servant loses all connections with that post during that period and he will be entitled to get his officiating pay refixed only from the date he returns from leave in which case the next increment will fall due only after completion of the prescribed period of duty from the date of resuming charge unless he becomes entitled to refixation of pay under Rule 31 (2) once again from an earlier date]. (G.O.Ms.No. 1, Fin., Dt. 3-1-1961]

(ll) See Ruling (9) under Rule 23. (G.O.Ms.No. 101, Fin., Dt. 18-5-1966]

F.R. 31-A.

 (1) Subject to the provisions of Rules 26 (c) and 35 and of sub-rule (2) of this rule, a probationer and an approved probationer, in any service on duty shall draw pay as follows (a) A probationer who does not hold a permanent post shall draw-

(i) while undergoing a course of instruction or training, the pay specified in the special rules in that behalf ; and

(ii) after completion of the course of instruction or training or where there is no prescribed course of instruction or training, the pay of the lowest grade or the minimum pay in the time-scale of pay, as the case may be, applicable to his class or category, subject to such orders as the State Government may from time to time issue.

[Note :- The pay to be allowed under this clause shall not be less than the pay, if any, drawn in the same post or a post on the same time-scale in a temP.orary capacity, under Rules l 0(a) or 37(a) of the Andhra Pradesh State and Subordinate Service, Rules]. [G.O.Ms.No. 158, Fin., Dt. 23-4-1962]

(b) A person who holds a permanent post-

(i) in a subordinate service and is appointed as a probationer in a corresponding State Service or in another State or Subordinate Service, shall draw the minimum pay of the officiating post, if it is higher than his substantive pay, without any regard to Rule 30, but if such minimum pay is lower than his substantive pay, the stage at which his pay should be fixed in the time-scale of the officiating post shall be determined with due regard to Rule 30 ;

[Note :-The pay to be allowed under this clause shall not be less than the pay, if any, drawn in the same post or a post on the same time-scale in a temporary capacity under Rule IO (a) or 37 (a) of the Andhra Pradesh State and Subordinate Services.]. [G.O.Ms.No. 158, Fin., Dt. 23-4-1962]

(ii) in a State Service and is appointed as a probationer in another State Service, shall draw pay as in sub-clause (i);

(iii) in a class or category and is appointed on probation to class or category in the same service involving assumption of duties and responsibilities of greater importance shall draw pay under Rules 22 and 31.

(c) An approved probationer shall draw such pay as would be admissible to him, if he was a full member of the service in the class or category in which he is holding a post.

(2) 

(i) 

(a) Probationers whose period of probation is two years and whose increment is annual :-A probationer, whether he is a direct recruit, transferee or promotee, shall be entitled to draw the first increment after the commencement of probation after putting in the service necessary to earn the increment, exclusive of the period during which he was undergoing a course of instruction or training, if any, applicable to the class or category of the post he holds ; his next increment shall, however, be drawn only with effect from the date on which he was declared to have completed his probation satisfactorily, but the period of service from the date of the first increment shall count for subsequent increments.

(b) Probationers whose period of probation is one year and whose increment is annual and probationers whose period of probation is two years and whose increment is biennial :-A probationer for whom the period of probation is one year and whose increment is annual or a probationer for whom the period of probation is two years and whose increment is also biennial, shall be entitled to draw the first increment after the commencement of probation only with effect from the date of satisfactory completion of probation, but the period of service from the date of regular appointment exclusive of the period during which he was undergoing a course of instructionor training, if any, applicable to the class or category of the post he holds shall count for subsequent increments.

[Note: The second increment in the cases coming under sub-clause (a) and the first increment in the cases coming under sub-clause (b) shall be paid from the date of satisfactory completion of the prescribed period of probation irrespective of the date of issue of orders declaring completion of probation]. [G.O.Ms.No. 358, Fin., Dt. 8-5-1956)

[(c) Probationers whose period of probation is one year and whose increment is biennial :-When a probationer is not declared to have completed his probation satisfactorily within the period prescribed and his probation is extended, the first increment after commencement of probation shall be postponed until he completes his probation. It shall not however be postponed if it falls due after he completes his probation satisfactorily. The period of service from the date of regular appointment exclusive of the period during which he was undergoing a course of instruction or training, if any, applicable to the class or category of the post he holds, shall count for subsequent increments]. [G.O.Ms.No. 278, Fin., Dt. 22-4-1957]

(ii) A probationer or approved probationer shall be entitled to draw the enhanced pay admissible if any, under Rule 31, if at any time that  happens to exceed the officiating pay otherwise admissible under clause (b) or clause (c) of sub-rule (i) as the case may be.

[(iii) A probationer recruited direct to the Andhra Pradesh Administrative Service shall during the period of probation draw a pay at such rate the Government may from time to time decide. On satisfactory completion of the period of training he shall be eligible to draw the minimum pay in the time-scale of the post but shall not be eligible to draw the first increment until he passes the prescribed tests and satisfactorily completes the prescribed period of probation. The pay of a person who was in receipt of pay higher than the minimum pay in the time-scale of the post shall be regulated in such manner as may be laid down by the Government. The postponement of declaration of probation on account of not passing the tests shall not, however, have the effect of postponing future increments after he has passed the prescribed tests and after he has satisfactorily completed his probation]. [G.O.Ms.No. 294, Fin. & Pig., Dt. 16-07-1976].

RULINGS

[(1) The increment or increments which are required to be drawn with effect from the date of satisfactory completion of probation under clauses (a), (b) and ( c) of Rule 3 l -A(2)(i) do not refer to advance increments, if any, allowed under Rule 27 or higher stage allowed under Rule 31 (2) etc., but refer to increments actually earned by service in the time-scale of the post]. [G.O.Ms.No. 168, Fin., Dt. 17-4-1961]

[(2) In the case of retrospective regularisation of services, the increments already drawn, will not be affected and the first increment after the commencement of probation occurring in Rule 31-A (2) may be taken as meaning the first increment due after the issue of the orders declaring the commencement of the probation. [G.O.Ms.No. 158, Fin., Dt. 23-4-1962]

[(3) The period of leave taken during probation will, to the extent permissible under Rule 26(b)(ii), count for all increments except the increment due on declaration of satisfactory completion of probation]. [G.O.Ms. No. 527, Fin., Dt. 23-9-1963]

F.R. 32. 

Omitted.

F.R. 33. 

When a Government s ervant officiates in a post the pay of which has been fixed at the rate personal to another Government servant, [the State Government] may pennit him to draw pay at any rate not exceeding the rate so fixed or, if the rate so fixed be a time-scale, may grant him initial pay not exceeding the lower stage of that time-scale and future increments not exceeding those of the s anctioned scales. [Subs. by G.O.Ms.No.12, Fin. & Plg. (FW: FR.-1) Dept., Dt. 7-2-95]

[Note :-Rule 33 prescribes the initial rate of pay of an officer officiating in a post the pay of which has been fixed at a rate personal to another Government servant. If the pay thus personally fixed is on a time-scale, it is not intended that an officiating incumbent should be debarred from drawing increments in the time-scale according to the ordinary rule]. [Comptroller and Auditor-General's Letter No. 144-A/34-24, Dt. 2-3-1922].

F.R. 34. 

Omitted.

F.R. 35. 

[The State Government] may fix the pay of an officiating Government servant at an amount less than that admissible under these rules, [Subs. by G.0.Ms.No. 12, Fin. & Plg. (FW : FR.-1) Dept., Dt. 7-2-95].

Note :- This rule makes it possible to dispense with charge allowances and the system of holding charge. It also obviates the necessity for special rule fixing definite rates of allowances for definite acting incumbents. There may be other cases also in which the Government will wish to give less than the full pay, particularly those of Government servants without substantive posts and cases in which they exercise the powers conferred by the exception under Rule 30.

Delegation under Rule 35:

The head of a department is empowered to exercise full powers under this rule.

RULINGS

Scope of the Rule

(1) One class of cases falling under this rule is that in which a Government servant merely holds charge of the current duties and does not perform the full duties of the post.

Fixation of initial pay of a Government servant on his confirmation in a post in which he officiated previously but drew pay which was less than the minimum of the time-scale attached thereto.

(2) When a Government servant is appointed to officiate in a post on a time-scale of pay but has his pay fixed below the minimum of the time-scale under Rule 35, he must not be treated as having effectually officiated in that post within the meaning of Rule 22, or having rendered duty in it within the meaning of Rule 26. Such an officer, on confirmation, should have his initial pay fixed under Rule 22(b) and draw the next increment after he has put in duty for the usual period required calculated from the date of his confirmation.

(3) If a Government servant appointed to officiate in a higher post talces charge of that post on an afternoon, and earns an increment in the scale attached to his permanent post with effect from the next day, his pay in the officiating post should be fixed with reference to the substantive pay on the date of talcing over charge, even though he will draw the officiating pay with effect from the next day only, i.e., the increment should not be taken into account in fixing his officiating pay.

F.R. 36. 

The State Government may issue general or special orders allowing acting promotions to be made in the place of Government servants who are t reated as on duty under Rule 9(6)(b).

Subsidiary Rules under Rule 36

1. In cases where a cadre includes provision for a training reserve and in the case of members of the process service establishment undergoing training in survey schools, officiating arrangements are inadmissible in the place of Government servants deputed from training.

2. In other cases, officiating arrangements are allowed if the period of training extends to one month or more. If it is less than a month, no arrangements can be made except under the special sanction of Government.

3. [Not Printed].

RULINGS

(1) In future, substitutes may be appointed in the place of Government servants undergoing training in the Indian Territorial Anny. But the appointing authorities are required to be that, as far as possible, no substitute is appointed when the period of training is less than one month.

(2) & (3) [Not Printed]

[(4) The order of Government in allowing acting promotions under Rule 36 in place of a Govt. servant, who is treated as on duty under Rule 9(6)(b) during the period of training or course of instruction, carries with it the consent of the Government to any increase over the sanctioned strength and it is not necessary to create a new post in order to accommodate him during such training or course of instruction since the very order posting him for training etc., would be considered of sanction in this behalt]. [G.0.Ms. No. 410, Fin. Dt. 15-12-1964]

F.R. 37. 

Personal Pay :- Except when the authority sanctioning it, orders otherwise, personal pay shall be reduced by any amount by which the recipients' pay may be increased, and shall cease as soon as his pay is increased by an amount equal to his personal pay.

INSTRUCTION

[An authority withholding an increment of an officer shall expressly state in the order that the period for which the increment has been withheld shall be exclusive of any interval spent on leave, before the period is completed). [G.0.Ms. No. 310, Fin. & Plg., Dt. 12-11-1975)

F.R. 38. 

[Omitted by G.O.Ms.No. 30, Fin. & Plg., Dept., Dt. 2-3-95]

F.R. 39. 

Pay of temporary posts :- When a temporary post is created which may have to be filled by a person not already in Government service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post.

RULING

[Not Relevant]

F.R. 40. 

When a temporary post is created which will probably be filled by a person who is already a Government servant, its pay should be fixed by [the State Government] with due regard to [Subs. by G.O.Ms.No. 12, Fin. & Plg. (FW : FR.-I) Dept., Dt. 7-2-95)

(a) the character and responsibility of the work to be performed; and

(b) the existing pay of Government servants of a status, sufficient to warrant their selection for the post.

Instruction under Rule 40 

When a subordinate authority intends appointing a person already in Govt. service to a temporary post, which he is empowered to create, he cannot under the above rule, fix the pay of the temporary post created at an amount in excess of the pay of Government servant, without the sanction of Government.

RULINGS

[Not Relevant]

F.R. 41. 

Cancelled.

F.R. 42. 

Cancelled.

F.R. 43. 

Omitted by G.O.Ms.No. 30, Fin. & Pig. (FW: FR-I) Dept., Dt. 2-3-95]

CHAPTER - V: Additions to Pay

F.R. 44. 

Compensatory Allowances :- Subject to the general rule that the amount of compensatory allowance should be so regulated that the allowance is not on the whole a source of profit to the recipient, the State Government may grant such allowances to any Government servant under its control and may make rules prescribing their amounts and the conditions under which they may be drawn. [Subs. by G.O.Ms.No. 39, Fin. & Pig. (FW : FR-I) Dept., Dt. 9-3-1995]

Note (I) to (5). [Not Printed]

Subsidiary Rules under Rule 44

[1. Compensatory Allowances include-

    (a) House-Rent Allowances;

    (b) Local Allowances granted on account of the expensiveness or unattractiveness of a locality;

    (c) Other miscellaneous allowances, such as uniform allowances, ration allowances, etc.;

    (d) Travelling Allowances;

    (e) [Not Printed]

    (f) [Omitted]. [G.O.Ms.No. 71, Fin. & Pig. (FW: FR-I) Dept., Dt. 27-4-1998, w.c.f. 1-3-1996)

2. A Compensatory Allowance attached to a post will be drawn in full by a Government servant performing the duties of the post.

3. House-rent allowance :- A howse-rent allowance attached to a post will be paid to the Government servant officiating in the post, provided that, subject to mutual arrangement, it may continue to be paid to the Government servant for whom he is officiating for a maximum period of four months.

4. Local and miscellaneous allowance:- The competent authority may, after recording his reasons, which should be communicated to the Audit department, permit a Government servant proceeding on leave, or relieved temporarily or preparing for or attending an examination, or transferred temporarily from a post to which an allowance coming under clauses (b) and ( c) of Rule l is attached, to draw the allowance or part of the allowance for a period not exceeding four months, without prejudice to the Government servant officiating for him also drawing it. The competent authority, in arriving at a decision, will be guided by the following considerations:-

Whether the Government servant is expected to return to a post to which a similar allowance is attached, and whether he will continue to be involved during leave etc., in the expenses to meet which the compensatory allowance was granted.  In the absence of these considerations the allowance cannot be drawn.

Note 1:- The competent authority under this rule is the authority who sanctions the leave, relief or transfer.

[Note 2 :- 

(a) The authority sanctioning the leave or transfer shall certify that, on the expiry of the leave or temporary transfer, the Govt. servant is likely to return to the post, to which the allowance is attached or to any other post carrying a similar, allowance; and 

(b) The Government Servant shall produce a certificate to the effect that he has continued for the period for which the allowance is claimed, to incur the whole or a considerable part of the expenditure for which the allowance was granted]. [G.O.Ms. No. 127, Finance, Dt. 20-03-1976)

Note 3 :- [Not Printed].

4-A. In the absence of the certificate referred to in the first paragraph in Note 2 to Subsidiary Rule 4, a Government servant may be permitted to draw house-rent allowance during the leave period, provided that-

(i) he actually returns to the same post from which he proceeded on leave, or to another post carrying a similar allowance;

(ii) he certifies that he has incurred during the leave, the expenses to meet which the allowance is claimed; and

(iii) the allowance shall be drawn only on the return of the Government servant from leave.

[Note 1 :- House-rent Allowance shall be drawn during the leave or temporary transfer if:-

(a) the authority sanctioning the leave or transfer certifies that the Government servant on the expiry of the leave or temporary transfer is likely to return to duty at thestation from which he proceeded on leave or is transferred, or at another station in which he will be entitled to a similar allowance, and 

(b) the Government servant certifies either:-

(i) that he or his family or both continued to reside, for the period for which the allowance is claimed in the station from which he proceeded on leave or transferred; or

(ii) that for the period for which the allowance is claimed, he continued to incur the whole or a considerable part of the expenditure on rent for which the allowance was granted.

[Note 2 :- For the purpose of this rule the word "family" shall in the case of a male Government servant, include his wife, and children, including an adopted son, residing with and wholly dependant on him, and in the case of a female Government servant, shall not include her husband, unless he is wholly dependant on her; nor shall the term include a married daughter, with effect on and from the date on which she was placed under her husband's protection]. [G.O.Ms.No. 127, Fin. & Plg., Dt. 20-3-1976]

5. When a Government servant is transferred from a post in which he draws a compensatory allowance (other than a travelling allowance) to a post to which a compensatory allowance of a like nature is attached, he may draw the allowance during joining time provided that, if the rates of the allowances differ, he may draw the lower rate only.

[Note :- Medical Officers drawing compensatory allowance for loss of private practice under this subsidiary rule should certify that they did not have any private practice during the period of joining time]. [G.O. Ms. No. 593, Finance, Dt. 9-8-1956]

6. Travelling allowance has been dealt with separately. [Vide the Andhra Pradesh Manual of Special Pay and Allowances]

7. [Not Relevant].

RULINGS

(1) [Not Printed].

(2) A Hill Allowance is a compensatory allowance.

(3) to (7) [Not Printed].

Local and miscellaneous allowances

(8) Subsidiary Rule 4, read with Rule 93, will permit the drawal by officers under the administrative control of the State Government of the compensatory allowances during the first four months of leave irrespective of the nature of the leave, whether it be on average or half average pay.

(9) Compensatory allowance may be drawn during maternity leave provided the conditions specified in Subsidiary Rule 4, under Rule 44 are fulfilled.

(10) Women Government servants governed by the Andhra Pradesh Leave Rules are eligible to draw compensatory allowance during maternity leave in accordance with Subsidiary Rule 4 under Rule 44 i.e., for the first 120 or 50 or 30 days as the case may be.

(11) to (13) [Not Printed].

[(14) In the case of Government servants suffering from Tuberculosis/ Cancer and also other ailments, such as Mental illness, Heart diseases, Leprosy and Renal failure, Compensatory and House Rent allowances may be allowed upto eight months whether the leave is on medical certificate from the very commencement; or is in continuation of any other kind of leave]. [G.O.Ms.No. 186, Finance, Dt. 23-6-1970 and G.O.Ms.No. 449, Fin., Dt. 20-10-1976 and G.O.Ms.No.268, Fin., Dt. 29-10-1991]

(15) to (17) [Not Printed].

F.R. 45.

[The State Government] may make rules laying down the principles governing the allotment to officers serving under its administrative control, for use by them as residences, of such buildings owned or leased by it, or such portions thereof, as the Government may makes available for the purpose. Such rules may lay down different principles for observance in different localities or in respect of different class of residences, and may prescribe the circumstances in which such an officer shall be considered to

be in occupation of a residence. [Subs. by G.O.Ms.No. 12, Fin. & Plg., Dt.07-02-95]

Subsidiary Rules under Rule 45

1. Allotment of Residences :-  (i) Buildings acquired, constructed or leased by Government for the occupants of particular post shall ordinarily be occupied by the officers holding those posts.

[(ii) Where any question is raised as to which officer has the prior title to occupy a particular house, or if no officer wishes to occupy a house, as to which officer shall be required to pay rent for it, the question shall be decided by the Collector and the Superintending Engineer sitting together. In case any difference of opinion arises between the Collector and the Superintending Engineer, the opinion of the Collector shall prevail]. [G.0.Ms.No. 242, Finance, Dt. 25-03-1963]

(iii) It will be the duty of the Executive Engineer to report every case of vacancy as soon as it is known that it is likely to arise and to talce prompt steps to ensure that no house is allowed to remain vacant for a day longer than is unavoidable.

2. Exchange of residential buildings by officers of the same station: Any two officers at a station may exchange the buildings allotted to them with each other as a purely private arrangement, but each officer will continue to be responsible for the rent of the building assigned to him.

3. Sub-letting of residence :- The sub-letting of an official residence may be permitted only under the following conditions:

(i) the previous sanction of Government should be obtained for subletting;

(ii) the officer will still remain personally responsible for the rent and for any damage caused to the building beyond fair wear and tear;

[Note :- The standard licence fee payable by the allottee of the quarter should be collected from the original allottee of the quarter, with whom any other Government servant is permitted to share the accommodation, who is not eligible for such fee or compensatory allowance]. [G.O.Ms.No. 126, Finance, Dt. 3-5-1974]

(iii) Government will not recognize the sub-tenancy;

(iv) the rent to be charged by the officer to his tenant should not, except with the sanction of the State Government in special circumstances, exceed the rent paid by the officer to Government;

(v) sub-tenancy should continue only for so long as the officer who makes the arrangement holds the appointment for which the official residence is provided.

4. Officers on leave :-  An officer who goes on leave should be held to have ceased to be in occupation pf the building from the date of commencement of leave, unless, for any reason, a competent authority decides otherwise.

Note 1 :-  The local administrative head of the department may grant permission to occupy Government quarters to officers proceeding on leave on average pay not exceeding four months; in other cases the permission of the State Government is necessary.

Note 2 :-  The Director of Agriculture may permit Government servants on transfer to retain upto a maximum period of one month the Government quarters allotted to them in their previous posts. A Government servant in last grade service, whether permanent or not, proceeding on leave without allowances for a period not exceeding one month, may be permitted to occupy Government quarters during the period of leave on payment of rent concessional rates. Such permission will be granted by the authority competent to make a permanent appointment to the post held by the Government servant.

5. An incumbent, whether pennanent or temporary, of an appointment, for whose benefit a house has been constructed or purchased or leased by Government under the conditions specified in paragraphs 269-A and 269-B of the Public Works Department Code, will be held responsible for the prescribed rent during his tenure of the appointment. In the following cases, however, no rent will be recovered, provided, that the Head of the Department or the authority competent to make a permanent appointment to the post for the incumbent of which the house is intended furnishes a certificate to the officer responsible for the recovery of rents that the conditions laid down are satisfied

(i) when an officer is holding, as a temporary measure under Rule 49, an appointment to which a Government residence is attached, in addition to his substantive appointment and does not actually occupy the house;

(ii) when an officer in addition to the duties of such an appointment carries on the duties of another appointment which preclude him from occupying the house;

(iii) when an officer is officiating in an appointment for a period not exceeding one month and does not wish to occupy the house; and

(iv) when an officer is officiating in an appointment for a period not exceeding nvo months and the circumstances are such as to preclude him from occupying the house.

Note :- An officer who is merely discharging the current or routine duties of an appointment to which an official residence is attached is not bound to occupy it and he should not be considered as the incumbent of the appointment for purposes of recovery of rent.

RULINGS

Convention regarding reimbursement by the Government of India to State Government and vice versa of the difference between the standard licence of buildings and licence fee actually recovered from their officers occupying them

(1) 

(a) The Government of India and the Government of Andhra Pradesh, Assam, Bihar, Gujarat, Jarnmu and Kashmir, Kerala, Nagaland, Tamil Nadu, Maharashtra, Karnataka, Orissa, Punjab, Rajastban and Uttar Pradesh have mutually agreed that when residential accommodation owned by the Government of India is provided by that Government to the officers of any of the above mentioned State Government or vice versa, by official arrangement the licence fee for such accommodation shall be charged at the rate of 10% of their emoluments or the standard licence fee of the building adopted by either Government for their own employees, whichever is less, except that in case of quarters occupied by employees of the Central Government in the State of Orissa, licence fee will be charged at the rate of 10% of their emoluments or I 0% of the maximum of the pay range fixed for that quarter by the State Government, whichever is less; [G.O.Ms.No. 179, Finance, Dt. 2-9-1967]

(b) The Government of Madhya Pradesh and West Bengal have expressed their inability to accept a corresponding convention. In cases where accommodation is provided to a Government of India Officer by the State Government which is leased or requisitioned or which is provided at the Officer's own request, and not by official arrangement, the entire licence fee charged by the State Government will be payable by the officer. Residential accommodation will be deemed to have been procured by official arrangement, only if it is done under orders of an authority competent to assume on behalf of Government responsibility to provide residential accommodation.

((2) The allotment of residences, owned by the Government of India, to officers of the Central Departments under the administrative control of State Governments will be regulated by executive orders, the allotment being done as though the State Government's own rules applied]. [G.I., Dept. of Ind., Dt. 20-3-1936 & No.Mis. 926, Dt. 15-4-1936)

Recovery of Licence fee in excess of 10 percent of emoluments

((3) Under Clause IV (c) (ii) of Rule 45-A and 45-B, a State Government may recover licence fee in excess of 10 percent of a Government servant's emoluments, but not in excess of the standard licence fee as defined in clause III of the rule]. [G.I., F.D., Letter No. F. 291-R-1-27, Dt. 14-2-1928)

((4) A Government servant who, at his own request, is supplied with a residence owned or leased by the Central Government of a class higher than that for which he is eligible, when a house of his class is available for him, should be charged the full standard licence fee fixed for the residence and should not be given the benefit of the 10 percent concession afforded by clause IV(b) of Rule 45-A]. [G.I., F.D., letter No. F. 3-XI-R, 1/28, Dt. 23-3-1928]

(5) All District Magistrates and Commissioners of particular State Government having been provided with armed guards for their protection, it was found ne􀃇essary in some cases to erect quarters for them within the compound of the residences allotted to the officers. As the cost of housing of these guards is to be borne by the State Police Department, the question arose whether the cost of erection of these quarters could not be excluded from the capital cost of the residences for the purpose of calculating of the standard licence fee to be recovered from the officer concerned. It was held that Rule 45 gives the State Government the power to exclude the cost of the quarters under reference from the capital cost of the residences for the purpose of fixing standard licence fee. [Auditor Gen. letter No. T. 863-Admn. Il/247-32, Dt. 19-7-1932]

[(6) When a Government servant is pennitted to occupy Government quarter during leave, licence fee should be recovered from him at the rate at which be is allowed to pay while on duty]. [G.O.Ms.No. 3494, W., Dt. 29-11-29 & No. 395, W., Dt. 8-2-30]

[(7) The term "The local administrative head of the department" occurring in the note below Subsidiary Rule 4 under Rule 45 includes heads of offices also]. [Memorandwn No. 41308-1 C.S.R. (Finance), Dt. 4-12-1941]

[(8) 

(i) When residential buildings owned, leased or requisitioned by the State Government are allotted to Central Government servants at their own request, full licence fee of the buildings should be charged from them. If, however, the accommodation is provided at the official request of the appropriate authority, licence fee should be recovered at l 0% of the emoluments of the person concerned]. [Fin. Memo. No. 25081/FR/56-4, Dt. 17-7-1956 & G.O.Ms.No. 213, Fin., Dt. 13-7-1970]

(ii) The residential accommodation provided to Central Government servants in accordance with the instructions in sub-paragraph (i) above, should conform to the standards of accommodation laid down by the State Government for their own officers. In cases of officers who are allotted accommodation of a higher class at their own request than that to which they are entitled according to the standards, full licence fee of the buildings should be recovered from them even though the accommodation may have been procured under official arrangements.

F .R. 45-A-I.

This rule applies to members of the State and Subordinate Services, members of Work charged establishments and persons paid from contingencies, holders of special posts and the membt:rs of All India Services under the administrative control of Government. [Subs. by G.O.Ms.No. 37, Fin. & Pig. (FW: FR-I) Dept., Dt. 9-3-1995]

F.R. 45-A-II.

For the purpose of the assessment of licence fee, the capital cost of a residence owned by Government shall include the cost or value of sanitary, water-supply and electric installations and fittings and [the cost of land and expenses on its development] and shall be either: [G.O.Ms.No. 154, Fin. & Pig. (FW: FR.I) Dept., Dt. 1-7-1981]

(a) the cost of acquiring or constructing the residence and any capital expenditure incurred after acquisition or construction; or, when this is not known,

(b) the present value of the residence.

Note :-The cost of restoration or special repairs shall not be added to capital cost or present value, unless such restoration or repairs add to accommodation or involve replacement of the existing type of work by work of a more expensive character.

Illustration :-The cost of replacing palmyrah rafters by Karimarudu or bamboo hurdling by teakwood reapers, or lime plastering by cement plastering should not be added to the capital cost of a building. The cost of deepening a well in order to restore the normal water supply should not be added to the capital cost of a building. But the cost of replacing country tiles by Mangalore tiles, or a mud compound wall by a wall of brick in mortar plastered with cement, or a cement floor by tiles should be dealt with in accordance with clauses (a) and (b) of paragraph 93 of the Andhra Pradesh Public Works Department Code.

Provided that-

(i) [The State Government] may make rules providing the manner in which present value of residences shall be determined.

(ii) [The State Government] may make rules determining what expenditure is to be regarded, for purpose of sub-clause (a) above, as expenditure upon the preparation of a site. [Subs. by G.O.Ms.No. 12, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-2-95]

[Explanation :- Where the amount spent on preparation of the site in the case of old residences is not available it may be taken as ten percent of the capital cost of the structure, if such residences are double storeyed and twenty percent of the cost of the structure if the residences are single storyed]. [G.O.Ms.No.201, Fin. & Plg., Dept., Dt. 13-8-81, w.e.f. 1-7-1981]

Subsidiary Rule under proviso (ii), Rule 45-A-11

[The expenditure incurred on such works as:-

(a) raising, levelling and dressing sites;

(b) construction of revetments, retaining walls, compound walls, fences and gates;

(c) storm-water drainage; and

(d) approach roads and paths within the compound; shall be regarded as expenditure upon preparation of a site]. [G.O.Ms.No. 296, Finance, Dt. 21-2-1958]

(iii) [The State Government] may, for reasons which should be recorded, authorize a revaluation of all residences of a specified class or classes within a specified area to be conducted under the rules referred to in proviso (i) above, and may revise the capital cost of any or all such residences on the basis of such revaluation; [Subs. by G.O.Ms.No. 12, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-2-95]

(iv) the capital cost, howsoever calculated, shall not take into consideration (1) any charges on account of establishment and tools and plant other than such as were actually charged direct to the work in cases in which the residence was constructed by Government or (2) in other cases, the estimated amount of such charges;

(v) [The State Government] may, for reasons which should be r.ecorded, write off a specified portion of the capital cost of a residence[ Subs. by G.O.Ms.No. 12, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-2-95]

(1) when a portion of the residence must be set aside, by the officer to whom the residence is allotted, for the reception of official and non-official visitors visiting him on business; or

(2) when it is satisfied that the capital cost, as determined under the above rules would be greatly in excess of the proper value of the accommodation provided;

(vi) in assessing the cost or value of the sanitary, water-supply and electric installations and fittings, the State Government may by rules determine what are to be regarded as fittings for this purpose.

F.R. 45-A-III. 

The standard rent of a residence shall be calculated as follows :-{a) In the case of leased residences, the standard rent shall be the sum paid to the lessor plus an addition determined under rules which [the State Government] may make, for meeting, during the period of lease, such charges for both ordinary and special maintenance and repairs and for capital expenditure or additional or alterations as may be charged on Government and for the interest on such capital expenditure, as also for municipal and other taxes in the nature of house or property tax payable by Government in respect of such residences. [Subs. by G.O.Ms.No. 12, Fin. & Pig. (FW : FR-I) Dept., Dt. 7-2-95]

Subsidiary Rule under Rule 45-A-III (a)

Additions and alterations to leased residences :-In the event of any addition or alteration to the building being made with the consent of the owner subsequent to the signing of the lease at the request of the occupant and at  Government expense, the following rules should govern the recovery of rent:-

(i) If the lessor agrees to take over the work done on the expiry of the lease and to pay to Government the original cost of that work less an allowance for deterioration, which should be fixed before the work is done, the standard rent will be raised so as to cover-

(a) such percentage rate as may be prescribed from time to time as the standard of return on productive irrigation works on the capital cost of additional work;

(b) the percentage or amount fixed for deterioration;

(c) the annual estimated charges for maintenance and repairs of the additional work (if repairs are executed by Government);

(ii) if the landlord refuses to accept any liability for the additional work, the standard rent will be raised so as to cover during the period of the lease -

(a) the capital sum expended, including interest at such percentage rate as may be prescribed from time to time as the standard ofreturn on productive irrigation works;

(b) the annual estimated charges for maintenance and repairs of the additional work.

Note :-Toe standard rent should be fixed when the work is completed.

In case (i) the capital cost will be held to be the total expenditure less half the amount which will be recovered on account of deterioration.

In case (ii), interest will be calculated on half the amount of the outlay.

(b) in the case of residential buildings owned by Government, the standard rent shall be calculated on the capital cost of the buildings, and shall be either-

(i) a percentage of such capital cost equal to such rate of interest as may from time to time be fixed by [the Governor] plus an addition for municipal and other taxes in the nature of house or property tax payable by Government in respect of the residence and for both ordinary and special maintenance and repairs such addition being determined under rules which the State Government may make, or (G.O.Ms.No. 12, Dt. 7-2-1995]

(ii) six percent per annum of such capital cost, whichever is less.

Note :-[Not Relevant].

Subsidiary Rule under Rule 45-A-111 (b)

The addition for maintenance and repairs under Rule 45-A-III (b)(i) shall be 2 percent per annum of the capital cost of the building including the capital cost or value of sanitary and water supply installations and fitting plus 3½ percent per annum of the capital cost or value of the electric installations and fittings; municipal taxes, if payable, shall be added separately.

(c) In all cases standard rent shall be expressed as standard for a calendar month and shall be equal to one-twelfth of the annual rent as calculated above subject to the proviso that, in special localities or in respect of special classes of buildings, State Government may fix a standard rent to cover a period greater than one month but not greater than one year. Where Government takes action under this proviso, standard rent so fixed shall not be a larger proportion of the annual rent than the proportion which the period of occupation as prescribed under F.R. 45 above bears to one year.

Note 1: For the purpose of sub-clauses (a) and (b) above, the additions for both the ordinary and special maintenance and repairs shall not include anything for the establishment and tools and plant charges except to the extent allowed under proviso (iv) to clause II.

Note 2: A State Government may by rule permit minor additions and alterations, the cost of which does not ·exceed a prescribed percentage of the capital cost of the building, to be made during such period as the rule determine without the rent of building being increased.

Instruction under Rule 45-A-111 (c)

Rounding of rents :-The standard rate of rent of a building should be fixed at the nearest half-rupee or rupee according as the calculated amount is less than Rs. 5/- or otherwise. In regard to rent of Rs. 5/- and above fractions of half rupee and over should be treated as one rupee, those below half rupee being ignored.

With respect to rent below Rs. 5/-, fraction of one fourth rupee and above should be taken as half a rupee, those of three-fourth rupee and over being rounded off as one rupee.

F.R. 45-A-IV. 

When a Government supplies an officer with a residence leased or owned by Government, the following conditions shall be observed

(a) The scale of accommodation supplied shall not except at the officer's own request, exceed that which is appropriate to the status of the occupant.

(b) Unless in any case it be otherwise expressly provided in these rules, he shall pay (i) rent for the residence, such rent being the standard rent as defined in clause ITI above or 10 percent of his monthly emoluments, whichever is the less, and (ii) municipal and other taxes payable by Government in respect of residence not being in the nature of house or property tax.

[Exception :- The rate of recovery of rent from the Government employees who occupy quarters after 1-3-1979, shall be at 7½% of emoluments upto a pay of Rs. 500/- and 10% of emoluments on pay above Rs. 500/- in the Revised Pay Scales, 1978. Such of those Government employees in occupation of quarters as on 1-5-1975, paying licence fee at 7½% of emoluments and continuing in quarters of the same category on 1-3-1979 shall pay 5% of emoluments subject to the condition that the rent to be recovered at the reduced rate is not less than what is being recovered on 1-3-1979. Government employees in occupation of quarters after 1-5-1975 and continuing in all quarters of the same category on 1-3-1979, and paying rent at 7½% or 10% as the case may be and governed by the Revised Pay Scales, 1978, shall pay the rent as detailed hereunder from 1-3-1979 subject to the condition that the licence fee to be recovered at the reduced rate is not less than what is being recovered on 1-1- 1979). [G.O.Ms.No. 96, Fin. & Plg., Dt. 22-4-1981, w.e.f. 1-3-79]

    (i) Employee drawing pay upto Rs. 500/- in the Revised Pay Scales, 1978

    (ii) Employees drawing pay above · Rs. 500/and below 1,500/- in the Revised Pay Scales, 1978

    (iii) Employees drawing pay above Rs. 1,500/ in the Revised Pay Scales, 1978.

            50% of emoluments

            7½% of emoluments.

            10% of emoluments.

Note 1: For the purpose of clauses III and IV(b)(ii) or Rule 45-A the portions of property tax levied on Government buildings by local bodies representing water, drainage, lighting and scavenging taxes shall be treated as being not in the nature of house or property tax. [G.O.Ms.No. 415, Finance, Dt. 1-11-1961]

Note 2: When two officers who are husband and wife, occupy a Government residential building, the monthly emoluments of the officers in whose favour the quarter is allotted shall be taken into account for the purpose of calculation of standard licence fee under this clause. [Subs. by G.O.Ms.No. 147, Fin. & Pig. (FW : FR-I) Dept., Dt. 6-6-1995, w.e.f. 1-9-1994).

(c) Notwithstanding anything contained in sub-clause (b) above, [the State Government]; may- [Subs. by G.O.Ms.No. 12, Fin. & Pig., Dt. 7-2-95]

(i) at any time, after the standard rents have been calculated under the provisions of clause III above, group a number of residences, whether in a particular area or of a particular class or classes, for the purpose of assessment of rent subject to the following conditions being fulfilled

(1) that the basis of assessment is uniform; and

(2) that the amount taken from any officer shall not exceed 10% of his monthly emoluments.

(ii) by general or special order, provide for taking rent in excess of that prescribed in sub-clause (b) above from an officer-

(1) who is not required or permitted to reside on duty at the station at which the residence is supplied to him, or

(2) who, at his own request, is supplied with accommodation which exceeds that which is appropriate to the status of the post held by him, or

(3) who is in receipt of a compensatory allowance granted on account of dearness of living, or

(4) who is permitted to sub-let the residence supplied to him, or 

(5) who sub-lets without permission the residence supplied to him, or

(6) who does not vacate the residence after the cancellation of allotment.

Instructions under Rule 45-A-IV (c)(ii) (1), (2) and (3)

(1) When a Government servant, who is provided by the Government with a residence attached to the post held by him occupies, for his own convenience, an additional residence either at or outside the headquarters or, occupies accommodation at the headquarters in excess of that appropriate to his status the standard rent as defined in Rule 45-A III(b) or ten percent of salary or.the concessional rate that may be applicable to him, whichever is least, shoi.μ9 · be recovered for the residence attached to the post held by him. The full standard rent as defined in Rule 45-A III(b) should be recovered for the additional residence or the additional accommodation occupied by the Government servant at or outside his headquarters irrespective of his salary or of the recovery of rent for the residence attached to the post held by him.

(2) When a building is leased by the State Government for an officer who is not entitled to rent free quarters, the full rent which the Government will have to pay for the building as well as any other incidental expenditure involved in securing a residence for him should be recovered in all cases from the officer occupying the building.

(3) When a Government employee who is allotted a Government quarter, for his own convenience, occupies an additional Government quarter, either at or outside the headquarter, he shall be required to pay the rent prevailing in the locality for similar accommodation belonging to the private owner as stipulated in para 275 of A.P.P.W. "D" Code or the full standard rent as defined in Rule 45-A-III (b) whichever is higher, for the first quarter from the date on which he takes possession of the second quarter till he vacates the first quarters]. [G.O.Ms.No. 292, Fin. & Pig., Dt. 30-10-1974]

Subsidiary Rule under Rule 45-A-IV

In the case of Government servant occupying Government residential building, rent shall be recovered from them for the period of their occupation during joining time on transfers at the rate at which they are payable before their transfer.

Rent shall be recovered at the same rates from Government servants on transfer who are allowed to occupy Government residential buildings beyond their joining time because neither the Government servants holding additional charge of the posts nor the incoming regular incumbents of the posts for whom the said buildings are intended are in need of them for the period of such extended occupation, provided that the new posts to which the Government servants are transferred do not carry higher scales of pay. In cases where the new posts to which the Government servants are transferred carry higher scales of pay, their enhanced rates of pay shall be taken into consideration for calculating rent at l0 percent of their emoluments from the actual dates of their joining the new posts.

Rent shall also be recovered at the rates specified in the first paragraph from Government servants on transfer, proceeding to new station, during their joining time and occupying the Government residential buildings attached to such posts, if vacant earlier than actually taking over charge of the new posts, for the period of such occupation during the Joining time.

F.R. 45-A-V. 

In special circumstances, for reasons which should be recorded, [the State Government]-

(a) may, by general or special order, grant rent free accommodation to any officer or class of officers, or

(b) may, by special order, waive or reduce the amount of rent to be recovered from any officer, or

(c) may, by general or special order, waive or reduce the amount of municipal and other taxes, not being in the nature of house or property tax, to be recovered from any officer or class of officers.

[Subs. by G.O.Ms.No.12, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-2-95)

Note 1: A sanction accorded under clause V(a) of Rule 45-A will not exempt the occupant from liability for payment or rent for water supply, sanitary and electric installations and fittings which will be charged on the basis of 60% on their capital cost except in the case of the following officers who have been exempted from the payment of such rent

            [(a) Government servants drawing a pay of less than Rs. 75/- a month];

            [G.O.Ms. No. 318, Finance, Dt. 16-12-1965]

            [(b) Nursing staff, House Surgeons and House Physicians in hospitals].

            [G.O.Ms.No. 508, Finance, Dt. 26-12-1970]

Explanation (1) :-The term "nursing staff" shall include matrons, ward sisters, staff nurses, pupil nurses, maternity assistants, house-keepers, Government stipended pupil, maternity assistants trained in English or in the languages of the State, female nursing orderlies and female attendants in mental hospitals when they are provided with rent-free quarters.

Explanation (2) :- Government servants who are entitled to rent free accommodation are not eligible for free supply of water. [G.O.Ms.No. 508, Fin., Dt. 26-12-1970]

(c) Superior and Subordinate staff in the Government Houses.

Note 2 : In the case of buildings rented by the Government rent for water-supply, sanitary and electric installations should be based on the cost of the installations as estimated by the Officers of Roads and Buildings Department.

Instructions under Rule 45-A-V

Exemptions from payment of rent may be sanctioned, with the previous approval of Government, when a building is rendered uninhabitable by reason of extensive repairs or for any other cause and is so certified by the Executive Engineer. The latter should forward his certificate to the Superintending Engineer who will report to Government whether partial or total remission of rent should be allowed and for what period.

In the case of buildings in charge of the Revenue Department in the Agency tracts, the certificate of uninhabitability may be furnished by the Tahsildar or the Deputy Tahsildar concerned. The certificate should be countersigned by the Assistant Agent and forwarded to Government through the Agent to the Governor. The Agent will report to Government whether partial or total remission of rent should be allowed and for what period.

When only a portion of a Government residence becomes uninhabitable, the occupant will be allowed the benefit of a remission or rent, only if the standard rent of the building excluding the proportionate rent of the portion rendered uninhabitable falls below 10% of the occupant's emoluments.

Inconvenience caused by petty or ordinary annual repairs is insufficient to warrant a remission of rent.

The total amount of rent and service taxes recoverable from any Government servant in respect of a Government residential building owned by Government shall not exceed 10% of his emoluments. Government servants entitled to rent free quarters will be exempted from the payment of service taxes. The concessional rates of rent fixed for certain Government Servants under clause VI(v) of the Manual of Special Pay and Allowances, Part I, shall be treated as the limits in force the total of rent and service taxes, i.e., service taxes shall not be recovered from the occupant in addition to the rent at the concessional rate.

Note 1 : Heads of the departments may sanction remission of rent under the above instruction upto a limit of Rs. 100/- in each case.

Note 2 : A Government servant provided with free quarters may continue to occupy them free of rent when he proceeds on leave for a period not· exceeding four months provided no substitute is appointed in nis place or if a substitute is appointed, quarters are available for the substitute without any extra expense to Government. If the leave is extended beyond the four months limit, rent free occupation of the quarters must cease.

Note 3 : A permanent incumbent may during absence on leave or on duty elsewhere, be per.mitted by the Superintending Engineer to store at his own risks, free of rent, his furniture and other belongings in his residence when both the conditions specified below are fulfilled:

(1) The temporary incumbent does not require the residence and is exempted from the payment of rent for it; and

(2) Arrangements cannot be made to lease the house during the absence of the permanent incumbent. The concession of storage of furniture and other belongings under this note, free of rent is subject to the condition that if a claim for vacancy remission of property-tax becomes inadmissible consequent on such storage, an amount equal to be the vacancy remission of tax that would otherwise have accrued is recovered from the Government servant concerned:

Provided that if a claim for vacancy remission of property-tax or taxes for specific services such as water, electricity, scavenging, etc., becomes inadmissible, consequent on the storage of furniture etc., an amount equal to the vacancy remission of taxes that would otherwise have accrued shall be recovered from the Government servant who enjoyed the concession;

Provided, fwther that the permission for storage of furniture etc., free of rent shall be given for a limited period not exceeding eight months.

Note 4 : The consent of the Finance Department may be presumed to have been given to all sanctions accorded by Government under this instruction.

F.R. 45-A-VI. 

If a residence is supplied with services, other than water-supply, sanitary or electric installations and fittings, such as furniture, tennis court, or garden maintained at the cost of Government, rent shall be charged for these in addition to the rent payable under clause IV. The tenant will also be required to pay the cost of the water, electric energy, etc., consumed. [The State Government] may make rules prescribing how the additional rent and charges shall be determined and such rules may also authorise the remission or reduction of the additional rent or charge in special circumstances for reasons which should be recorded.

[Subs. by G.O.Ms.No. 12, Fin. & Pig. (FW : FR-I) Dept., Dt. 7-2-95)

Note :-The Government of India have decided that the value of the site should be excluded in calculating the additional rent to be charged for special services under this rule which involve the provision of additional site.

Subsidiary Rules under Rule 45-A-VI

1. If in any case furniture is supplied to a residential building, a rent of 15 per cent per annum should be recovered on its capital cost.

2. [Not Relevant].

3. The charges for current or for excess water consumption should be paid by the tenant unless specially exempted under the above rule.

Note : A sanction accorded under Subsidiary Rule 5 under Rule 45 will be held to exempt an officer from the liability for the charges mentioned in Rule 45-A-VI also.

4. In the case of Government buildings providing combined office and residential accommodation, the charges on account of excess water should be borne by Government and the tenants in the proportion of the excess water actually consumed. Separate meters should be supplied to the residential and non-residential portion for this purpose.

F.R. 45-A-VII. 

[The State Government] may be rule prescribe that this rule shall apply, with effect from any date not earlier than the 1st of April, 1924, to any Government servant or class-I Government servants other than those mentioned in the rule. (Subs. by G.0.Ms.No. 12, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-2-95]

Subsidiary Rules under Rule 45-A-VII

Rule 45-A and the subsidiary rules thereunder shall, with effect from 1st April, 1924, apply to members of State and Subordinate Services and to the holders of special posts.

F.R. 45-B 

Additions to Pay 

Note :- Members of the work-charged establishment and menials paid from contingencies will be considered as coming within the scope of this subsidiary rule. F.R. 45-A-VIII. [Omitted by G.O.Ms.No. 30, Fin. & Pig. (FW: FR-I) Dept., Dt. 2-3-95]

F.R. 45-B.I.

This rule applies to Government servants other than those to whom Rule 45-A applies or is made applicable under the provisions of clause VII of that rule, or than those occupying residences beionging to the Indian Railway, or rented at the cost of railway revenues.

F.R. 45-B.II. 

For the purposes of sub-clause (b) of clause III, the capital cost of a residence owned by Government shall not include the cost or value of such special services and installations (including furniture, tennis courts and sanitary, water-supply or electric installations and fittings) as it may contain; and shall be either-

(a) the cost of acquiring or constructing the residence, including the cost of site and its preparation and any capital expenditure incurred after acquisition or construction; or, when this is not known,

(b) the present value of the residence including the value of site.

Note :- The cost of restoration or special repairs shall not be added to capital cost or present value, unless such restoration or repairs add to accommodation or involve replacement of the existing type of work by work of a more expensive character.

Provided that-

(i) [The State Government] may make rules providing the manner in which the present value of residences, including sites, shall be determined;

(ii) [The State Government] may make rules determining what expenditure is to be regarded for the purpose of sub-clause (a) above as expenditure upon the preparation of a site;

(iii) [The State Government] may, for reasons which should be recorded, authorise a revaluation of all residences of a specified class or classes within a specified area to be conducted under the rules referred to in proviso (i) above, and may revise the capital cost of any or all such residences on the basis of such revaluation;

(iv) The capital cost, howsoever calculated, shall not take into consideration (1) any charges on account of establishment and tools and plant other than such as were actually charged direct to the work in cases

in which the residence was constructed by Government, or (2) in other cases, the estimated amount of such charges;

(v) [The State Government] may, for reasons which should be recorded, write off a specified portion of the capital cost of a residence

(1) when a portion of the residence must be set aside, by the Government servant to whom the residence is allotted, for the reception of official and non-official visitors visiting him on business, or

(2) when it is satisfied that the capital cost, as determined under the above rules, would be greatly in excess of the proper value of the accommodation provided;

(vi) In assessing the cost or value of the sanitary, water supply and electric installations and fittings, [the State Government] may, by rules, determine what are to be regarded as fittings for this purpose.

F.R. 45-B.III. 

The standard Licence Fee of a residence shall be calculated as follows :-

(a) In the case of leased residences, the standard Licence Fee shall be the sum paid to the lessor, plus an addition determined under rules, which [the State Government] may make, for meeting, during the period of lease, such charges for both ordinary and special maintenance and repairs and for capital expenditure on additions or alterations as may be a chargeon Government and for the interest on such capital expenditure, as also for municipal and other taxes in the nature of house or property tax payable by Government in respect of such residence.

(b) In the case of residences owned by Government, the standard Licence Fee shall be calculated on the capital cost of the residence, and shall be a "percentage of such capital cost equal to such rate of interest as may from time to time be fixed by [the Governor] plus an addition for municipal and other taxes in the nature of house or property tax payable by Government in respect of the residence and for both ordinary and special maintenance and repairs, such addition being determined under rules which [the State Government] may make.

(c) In all cases, standard Licence Fee shall be expressed as standard for a calendar month and shall be equal to one-twelfth of the annual Licence Fee as calculated above, subject to the proviso that, in special localities or in respect of special classes of residence [the State Government] may fix a standard Licence Fee to cover a period greater than one month but not greater than one year. Where the State Government takes action under this proviso, standard Licence Fee so fixed shall not be a larger proportion of the annual Licence Fee than the proportion which the period of occupation as prescribed under clause I above bears to one year [G.O.Ms.No. 12, Fin. & Pig. (FW : FR-I) Dept., Dt. 7-2-95]

Note 1 :-For the purpose of sub-clauses (a) and (b), above, the additions for both ordinary and special maintenance and repairs shall not include anything for the establishment and tools and plant charges, except to the extent allowed under proviso (iv) to clause II.

Note 2 :-The State Government may by rule permit minor additions and alterations, the cost of which does not exceed a prescribed percentage of the capital cost of the residence, to be made during such period as the rule may determine, without the licence fee of the residence being increased.

F.R. 45-B.IV. 

When Government supplies a Government servant with a residence leased or owned by Government, the following conditions shall be observed -

(a) The scale of accommodation supplied shall not, except at the officer's own request, exceed that which is appropriate to the status of the occupant.

(b) Unless in any case, it be otherwise expressly provided in these rules, he shall pay (i) Licence Fee for the residence, such Licence Fee being the standard Licence Fee and defined in clause III above or 10 percent of his monthly emoluments whichever is the less; and (ii) municipal and other taxes payable by Government in respect of the residence not being in the nature of house or property tax.

(c) Notwithstanding anything contained in sub-clause (b) above [the State Government] may-[G.O.Ms.No. 12, Fin. & Plg. (FW: FR-I) Dept., Dt. 7-2-95]

(i) at any time, after the standard Licence Fee have been calculated under the provisions of clause III above, group a number of residences, whether in a particular area, or of particular class or classes for the purpose of assessment of Licence Fee subject to the following conditions being fulfilled:-

(1) that the basis of assessment is uniform; and

(2) that the amount taken from any Government servant shall not exceed 10 percent of his emoluments;

(ii) by general or special order, provide for taking a Licence Fee in excess of 10 percent of his emoluments from a Government servant-

(1) who is not under its own administrative control, or

(2) who is not required or permitted to reside on duty at the station at which the residence is supplied to him, or

(3) who, at his own request, is supplied withaccommodation which exceeds that which is appropriate to the status of thepost held by him, or F.R.-15.

(4) who is in receipt of a compensatory allowance granted on account of dearness of living.

Instructions under Rule 45-B-IV

When a building is leased by the State Government for an officer who is not entitled to licence fee free quarters, the full licence fee which the Government will have to pay for the building as well as any other incidental expenditure involved in securing a residence for him should be recovered in all cases from the officer occupying the building.

F.R. 45-B.V. 

In special circumstances, for reasons which should be recorded, [the State Government]- [G.O.Ms.No. 12, Fin. & Plg. Dt. 7-2-95]

(a) may, by general or special order, grant Licence Fee free accommodation to any Government servant or class of Government servants, or

(b) may, by special order waive or reduce the amount of Licence Fee to be recovered from any Government servant.

F.R. 45-B.VI. 

If a residence is supplied with one or more of the following or similar services, furniture, installations (including fittings) for water or electricity supply or for sanitary purposes, tennis court, or garden maintained at the cost of Government, Licence Fee shall be charged for these in addition to the Licence Fee payable under clause IV. The tenant will also be required to pay meter hire and the cost of the water, electric energy, etc., consumed. [The State Government] may make rules prescribing how the additional Licence Fee and charges shall be determined, and such rules may also authorise the remission or reduction of the additional Licence Fee or charge in special circumstances for reasons which should be recorded. (G.O.Ms.No. 12, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-2-95]

F.R. 45-B.VII. [Not Related]

F.R. 45-C. 

For the purposes of Rule 45-A 'emoluments' means

(i) pay;

[(i-a) 'dearness pay']; [G.O.Ms.No. 189, Finance, Dt. 29-7-1975]

(ii) payments from general revenues and fees, if such payments or fees are received in the shape of a fixed addition to monthly pay and allowances as part of the authorized remuneration of a post;

(iii) compensatory allowances other than travelling allowance, uniform allowance, outfit allowance, special outfit allowance, uniform grant, and grant for horse and saddlery, compensatory allowance allowed in lieu of residential attender whether drawn from the Consolidated Fund of India or of a State or from a local fund;

(iv) [Not Related]; [G.O.Ms. No. 139, Finance, Dt. 16-6-1981]

Additions to Pay 

(v) pension, other than a pension drawn under the provisions of Chapter XXXVIII, Civil Service Regulations, or compensation received under the Workmen's Compensation Act, 1923, as subsequently amended;

[Note : The amount of pension to be taken into account will be the amount originally sanctioned i.e., before commutation, if any, and will also include the pension equivalent of death-cum-retirement gratuity and other forms of retirement benefits, if any e.g., Government's contribution to a Contributory Provident Fund, commuted value of pension, etc.] [G.O.Ms.No. 1328, Finance, Dt. 7-3-1960]

(vi) in the case of a Government servant under suspension and in receipt of a subsistence grant, the amount of the subsistence grant, provided that, if such Government servant is subsequently allowed to draw pay for the period of suspension, the difference between the rent recovered on the basis of the subsistence grant and the rent due on the basis of the emoluments ultimately drawn shall be recovered from him. [It does not include allowance attached to the Indian Police Medal]. [Subs. by G.O.Ms.No. 37, Fin. & Plg. (FW : FR-I) Dept., Dt. 9-3-1995]

Note 1 :-The emoluments of a Government servant paid at piecework rates shall be determined in such manner as the State Government may prescribe.

Note 2 :-The emoluments of an officer on leave mean the emoluments drawn by him for the last complete calendar month of duty performed by him prior to his departure on leave.

Note 3 :-The Government of India have held that in cases in which a portion of the pension has been commuted the term "pension" occurring in the rule means the full sanctioned pension prior to commutation.

[Note 4 :-The percentage rate of Dearness allowance sanctioned from time to time shall not be reckoned as emoluments. However, in respect of Government servants who do not opt to the Revised Pay Scales, 1978 and remain in pre 1978 scales of pay, dearness allowance admissible at the rate which existed as on 1-4-1978 appropriate to the basic pay in that scale shall be reckoned as emoluments]. [G.O.Ms. No. 196, Fin. & Plg., Dt. 22-4-1981, w.e.f. 1-3-1979]

Note 5 :-Family Pension granted to a Government servant shall not be reckoned as emoluments for purposes of recovery of rent under this rule.

Subsidiary Rule under Rule 45-C

The emolwnents of a Government servant paid at piece-work rates will be the total emolwnents actually earned, by the Government servant during the calendar month.

RULINGS

Remuneration drawn by Veterinary Assistant Surgeons from Municipal Funds for meat inspection work

(1) The remuneration upto a maximum of Rs. 15 per mensum pennitted to be drawn by the Veterinary Assistant Surgeons from Municipal funds for meat -- --- inspection work need not be taken into account as a fixed addition to pay with reference to clause (ii) of Rule 45-C, in calculating the licence fee recoverable from the Assistant Surgeons for the Government quarters occupied by them.

Recovery of rent from a Government servant under suspension, who is subsequently reinstated

(2) In the matter of calculation of emoluments under Rule 45-C for the purposes of recovery of rent, a suspended Government servant who is treated as on leave (either on average pay or on half average pay), subsequently reinstated and whose period of suspension is treated as leave (either on average pay or on half average pay) should not be treated differently from a Government servant who goes on leave in the usual course. Such cases should accordingly be dealt with under Note 2 below 45-C and not under clause (vi) under that rule. Interpretation of Rule 45-C (ii) regarding the counting of fees received by a Government servant as "emoluments" for the purpose of Rule 45-A

[(3) Under Rule 45-C, fees received by a Government servant in the shape of a fixed addition to monthly pay any allowances as a part of the authorized remuneration of a post count as, 'emoluments' for the purpose of Rule 45-A. As under supplementary Rule 12, one-third of any fee in excess of Rs. 50/- or if a recurring fee of Rs. 50 a year, is normally required to be credited by the Government servant concerned to general revenues and only two-thirds of such fee is retained by him, a question has arisen whether the entire amount of the fees so received by the Government servant or only the actual amount retained by him after crediting one-third share to the Government should count as "emoluments" for the purpose of assessment of the house rent.

As the benefit of the portion of the fees credited to the Consolidated Fund of India by the Government servant does not accrue to him, the Government of India has decided with the concurrence of the Comptroller and Auditor-General of India that under Rule 45-C (ii) only that portion of the fees received by a Government servant which he is allowed to retain under the rules framed under Rules 46, 46-A and 47, will count as "emoluments" for the purpose of Rule 45-A.

(The above mentioned orders of the Government of India will also be applicableto Government servants under their rule-making powers.)

[(4) The honorarium of Rs. 50/- and Rs. 35/- per mensum permitted to be drawn by the Senior and Junior Commissioned Officers of the N.C.C. respectively in the G.O.Ms.No. 3432, Education, Dt. 26-12-1958 need not be taken into account as fixed addition to pay with reference to clause (ii) of Rule 45-C in calculating the rent recoverable for the Government quarters occupied by the said Commissioned

Officers]. [Memo. No. 58016/1058-F.R./62-1, Dt. 21-8-1962]

EXECUTIVE INSTRUCTION

Inclusion of half the Compensatory Allowance in the emoluments of Govt. servants for the purpose of calculation of rent [G.O.Ms.No. 127, Fin., Dt. 27-6-67]

[See Executive Instruction No. I under F.R. 45]

F.R. 46. 

(a) Fees :  Subject to any rules made under Rule 46-A and Rule 47, a Government servant may be permitted, if this can be done without detriment to his official duties and responsibilities, to perform a specified service or series of services for private person or body or for a public body, including a body administering a local fund and to receive a remuneration therefor, if the service be material, a non-recurring or recurring fee.

Note (1): This clause does not apply to the acceptance of fees by medical officers in civil employ for professional attendance which is regulated by the orders of [the Governor]. [G.0.Ms.No. 12, Fin. & Pig., Dt. 7-2-1995]

Note (2): [Not Related]

Note (3):The Government employees may be liberally permitted to undertake Literally Work or the writing of text-books (writing work). [G.O.Ms.No. 54, Fin. & Pig., Dt. 4-3-1975]

(b) Honoraria : [The State Government] may grant, or permit a Government servant to receive an honorarium as remuneration for work performed which is occasional or intermittent in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons which should be recorded in writing exists for a departure from this provision, sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the prior consent of the State Government and its amount has been settled in advance. [G.O.Ms.No. 12, Fin. & Plg., Dt. 7-2-1995]

(c) Fees and honoraria : In the case of both fee and honoraria, the sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in Fundamental Rule 11, and shall record also the reasons which in his opinion justify the grant of the extra remuneration.

RULINGS

Grant of Honoraria or Fees

(1) The rule requires that the reasons for the grant should be recorded in writing, so that the honorarium or fee should be subject to departmental and audit scrutiny. Audit Officers may, therefore, require that the reasons for the grant of an honorarium or fee should be communicated to them in each case.

(2) and (3) [Not Relevant]

Grant of honoraria for Conferences and overtime work

[(4) Temporary increase in work to the staff of an office due to the holding of special conferences under the auspices of a department or subordinate authority or of inter-departmental committees are normal incidents of Government service, and form part of the legitimate duties of the Government servants employed on the work within the meaning of Rule 11. The Government servants so employed have therefore no claim to extra remuneration under Rule 46.) [G.O.Ms. No. 669, Finance, Dt. 17-10-1930]

Honorarium for the books written by Government Servants

(5) Government servants may accept the fee, or honorarium for the books written by him.

(6) The income derived by a Government servant from the scale of books or royalties on the books written by him without the aid of knowledge acquired during the course of his service, but with his scholarly study of the subject, be exempted from any portion thereof being credited to the Government account [on the strength of the certificate given by the Department concerned] with the consent of Finance Department. [G.O.Ms. No. 125, Finance, Dt. 24-3-1977]

Executive Instruction under F.R. 46(b)

[G.O.Ms. No. 447, Finance Department, Dt. 28-1-1960]

Ref : From the Govt. of India, Ministry of Finance (Dept. of Expenditure) of the Memo.No.F. 15(39)-E. Il(B)/59, Dt. 14-9-59.

Order: A question has been raised whether under Fundamental Rule 46(b) an honorarium can be granted to a Gazetted Officer in consideration of long hours of work put in by him in connection with the setting up of a corporation Committee when in similar circumstances non-gazetted officers are sanctioned honorarium.

The question has been examined and the Government have decided that, following the Government of India, honorarium should not be granted to Gazetted Officers engaged on work in connection with the setting up Companies, Corporations etc., which forms a part of their normal duties even if they work beyond office hours.

F.R. 46-A. 

The Governor may make rules prescribing the conditions and limits subject to which, a fee may be received by a medical officer in civil employ for services, other than professional attendance.

Note :-[Relevant].

F.R. 47. 

Subject to the provisions of the rules made by the Governor under Rule 46-A, [the State Government] may make rules prescribing the conditions and limits subject to which authorities subordinate to it may sanction the grant or acceptance of honoraria, and the acceptance of fees, other than the acceptance of fees by medical officer in civil employ for professional attendance. (G.O.Ms.No. 12, Fin. & Pig., Dt. 7-2-1995]

Subsidiary Rules under Rules 46 and 47

1. The amount of an honorarium or fee must be fixed with due regard to the value of the service in return for which it is given.

[Note (1) :-Unless the Government by special order otherwise direct, one-third of any fees in excess of Rs. 400/- or, if a recurring fee, of Rs. 250/- a year paid to a Government servant shall be credited to general revenues]. [G.O.Ms.No.- 274, Fin., Dt. 12-10-1965 & Govt.Memo.No. 8350 FR.1/65-1, Dt. 14-4-1967]

[Note (2) :-The following instructions may be kept in view by the sanctioning authorities in deciding the grant of honorarium to the Government servants

(i) No honorarium is admissible for temporary increases in work which are normal incidents of Government work and form part of the legitimate duties of Government servants according to Rule 11 of Fundamental Rules.

(ii) Honorarium should not be granted to officers engaged in work in connection with setting up of companies, corporations, etc., which forms part of their normal duties, even if they work after the office hours - Fundamental Rule 46.

(iii) No honorarium should be given when a Government servant performs duties of another sanctioned post in addition to the normal duties attached to his own post.

(iv) No honorarium should be granted in cases where overtime allowance has been paid to the staff in connection with the same work]. [G.O.Ms.No. 79, Finance, Dt. 17-2-1971]

[Exception : The scientists, technologists and medical specialists working under the State Government, who in the overall interests of research and development, are permitted by Government to take full time assignment either in foreign countries or within the country, as visiting professors, students, etc., in Universities or Scientific/Medical Institutions may be allowed to retain in toto the remuneration received by them, subject to the following conditions:

(a) They may be granted extraordinary leave during the period of such assignments;

(b) The assignments should not be of more than two years duration at a time; and

(c) They shall pay pension contributions to the Government of Andhra Pradesh, as payable under the provision of Fundamental Rules by Government servant sent on deputation on Foreign Service. In the case of those who are governed by the Contributory Provident Fund Rules, they should themselves contribute the employers' share of contribution ; and

(d) These orders do not apply to,-

        (i) temporary employees with less than 3 years of continuous service;

        (ii) re-employed pensioners ; and

        (iii) persons appointed on contract.

        [G.O.Ms. No. 387, Finance, Dt. 20-10-1970]

[2. Sanction must not be given to the acceptance of an honorarium or fee unless the work for which it is offered has been undertaken with the knowledge and sanction of the competent authority who must certify that its performance will involve no detriment to the official duties of the Government servant performing it]. [G.O.Ms.No. 308, Finance, Dt. 22-10-1969]

[Exception : A Government servant may, )lowever, accept without the sanction of any authority, any examinership in respect of the examinations conducted by the Union Public Service Commission, Andhra Pradesh Public Service Commission, State Board of Technical Education and Training, Director of Employment and Training, Board of Secondary Education, Commissioner for Government Examinations, or any assignment as paper setter, moderator or examiner, by the Institute of Secretariat Training and Management of the Government of India and receive any remuneration offered therefore, subject to the condition that his official duties do not suffer thereby and also subject to the condition that when a practical test is required to be c1;nducted by the Government servant, at a place other than his headquarters, permission to leave the headquarters is obtained from his immediate superior officer, provided the period of absence from Headquarters does not exceed three days. The first three days of such absence of a Government servant from his Headquarters may be treated as duty and the period in excess of three days may be treated as leave to which he is eligible]. [G.O.Ms.No. 472, Fin., Dt. 21-10-1972]

3. No Government servant may act as an arbitrator in any case which is likely to come before him in any shape, by virtue of any judicial or executive post which he may be holding.

3-A. 

(i) When a Government servant is appointed to act as an arbitrator, in a dispute between the Department of the Government in which he is working, and a private party he should not be granted any honorarium.

(ii) If, however, he is appointed as an arbitrator between a Private Party and the Government Department other than the one in which he is working, he may undertake such work and receive honorarium, therefor on the following conditions

(a) Before undertaking the work, the Government servant shall as required under Rule 46 (b), obtain the prior approval of the competent authority, who shall decide whether, consistently with his official duties, he may be allowed to undertake the work and receive honorarium for it.

(b) The honorarium may be paid to him at the rate of Rs. 30/- per day or Rs. 15/- per half-day subject to a maximum of Rs. 500/- per case. For this purpose, a day means more than two hours continuous work on any day and halfday means work for two hours or less. He shall record a certificate in writing indicating whether he has done a day's work or half day's work on a particular day.

Explanation :-The term 'work' used above means only the time spent on the hearing of the case and does not include that spent on reading of the case papers or studying the case.

(iii) In either of the above two cases, when any costs on account of arbitration are awarded, against a Private Party the entire amount on recovery by the Department concerned, shall be credited to Government and shall not be paid to the arbitrator.

[(iv) A Government servant may, with the prior permission of the competent authority as required under Rule 46 (a), accept the appointment as an arbitrator in a dispute between Private Parties. At the time of giving such permission, the competent authority shall decide whether, consistently with his official duties, he may undertake the arbitration work and also whether he may accept any fee for F.R. 48] Additions. to Pay  it from the parties to the dispute. This fee shall be subject to the provisions of Subsidiary Rule I]. [G.O.Ms.No. 302, Finance, Dt. 18-9-1964)

[4. A Government servant called upon by a Court of Law to act as a Commissioner to give evidence on technical matters may comply with the request, provided that the case is not of such a nature as will be likely to come before him in the course of his official duties, and may accept such fees as are fixed by the Court]. (G.O.Ms.No. 934, Finance, Dt. 19-2-1960)

RULING

Remuneration granted for on purely personal grounds--whether a recurring honorarium [The honorarium paid to an officer selected as an examiner or lecturer on purely personal grounds irrespective of his position under Government, though these grounds may bring about his appointment in successive years, or for a term of years, should not be treated as a recurring charge].

[Memo. No. 24365/816/A2/F.R.-I, Dt. 6-7-1982]

F.R. 48. 

A Government servant is eligible to receive without special permission and except as otherwise provided by a general or special order of the Governor, to retain :-

(a) the premium awarded for an essay or plan in public competitions;

(b) any reward offered for the arrest of a criminal or for information or special service in connection with the Administration of Justice ;

(c) any reward payable in accordance with the provisions ofany Actor Regulation or Rules framed thereunder ;

(d) any reward sanctioned for services in connection with the administrative of the 􀃥ustoms and excise laws ; and

(e) any fees payable to a Government servant for duties which he is required to perform in his official capacity under any special or local law or by order of the Government.

Note-1 :-All Police Officers, other than gazetted officers, are permitted to accept

(a) special rewards offered by the Government;

(b) special rewards offered by private persons, subject to sanction by the InspectorGeneral of Police as to whether the reward should go to the individuals concerned or to a Police Fund, or partly to each;

(c) to (e) [Not Printed].

Sub-Inspectors of Police and Sergeants are permitted to accept money rewards on recognition of the work of special merit. Except as provided above, officers in the Police Department other than Head Constables and Constables shall not receive without the permission of the Government any reward or fee of the kind referred to in clauses (b) to (d) of the rule.

Note-2: (1) All Government Officers, as well as Ministers appointed as Government Directors of the Companies, Corporations or Bea,rds will be eligible to receive in the first instance, the full amount of sitting fees payable to them under the rules of the Companies etc., concerned.

(2) Ministers in all cases and the Government Officers in the following cases shall credit to Government in full, the fees received by them

(a) when the Officer is on deputation to the concerned Company etc., as its Managing or Operative Director ;

(b) when the Government pays for the whole time services of the Officers, Company, etc., having been formed purely for legal or administrative purposes, wholly consisting of Government officials (e.g., the Andhra Pradesh State Electricity Board).

(3) In all other cases, the Government Directors (other than a Minister) may retain, out of the fees received by them, a sum of Rupees twenty five or fifty for each meeting attended by them, according as the meeting is held within the State or outside the State as the case may be, and shall credit the balance, if any to the Government under intimation to the Accountant-General.

(4) It is not necessary for a Government Director unless he himself so desires, to remit into Government Treasury, the sitting fees creditable to Government, immediately on receipt of such fees. It would suffice if such remittances are made into Government Treasury, once in a month, but before the 5th of the month following that to which the remittance relates.

((5) Toe Accountant-General will verify the intimations of payments of sitting fees of Government Directors received from the companies, etc., with the monthly remittances into the Treasury made by the Government Directors concerned and bring any discrepancy to the notice of such Government Directors and their superior officers.] [G.O.Ms.No. 2296, Finance, Dt. 3-8-1960]

EXECUTIVE INSTRUCTION

Sitting fees to Government Officers appointed as Directors of Industrial and other concerned -Furnishing of monthly statements to audit for verification.

[Memorandum No. 42514/496/F.R. J/68-1, Finance, Dt. 26-8-1968]

Ref :-

1. Govt., Memo. No. 2473/91-FR/64, Dt. 4-3-1964.

2. From the Accountant General, A.P., Hyd., Lr. No. GAD l/Gen./65, Dt. 26-6-1968 and Lr. No. GAD 1/Genl. 73, Dt. 22-7-1968.

Order :-According to Note 2(3) and (5) under F.R. 48, the Government Director ( other than a Minister) may retain a specific portion of the fees received by them for each meeting attended by them and shall credit the balance, if any to Government under intimation to the Accountant General, Andhra Pradesh, who shall verify the intimations of payments of sitting fees to Government Directors received from the companies etc., with the monthly remittances into the Treasury made by the Government Directors and their superior officers.

(2) The Accountant General has now reported that intimations regarding remittances of sitting fees etc., are not being received in his office either from any of the companies or from the Government Directors regularly. He has therefore suggested that necessary instructions may be issued to send to his office monthlystatements of sitting fees etc., paid to Government Directors and that in cases where no meetings are held in a month and where the meetings are held but no sitting fees are paid, nil returns may be sent to his office so that they may have complete information in this regard.

(3) The Government, accept the above suggestion of the AccountantGeneral and hereby direct that all the Government Directors should furnish monthly statements to the office of the Accountant General regularly indicating remittances of sitting fees made into treasuries including nil statements wherever necessary.

(4) Similar instructions to the concerned companies shall be issued by the Industries and Food & Agricultural Departments.

F.R. 48-A. 

A Government servant whose duties involve the carrying out of scientific or technical research shall not apply for or obtain, or cause or pennit any other person to apply for, or obtain a patent, for an invention

made by such Government servant, save with the pennission of [the State Government] and in accordance with such conditions as the State Government may impose. (G.O.Ms.No. 12, Fin. & Plg., Dt. 7-2-95]

F.R. 48-B. 

If a question arises, whether a Government servant is a Government servant to whom Rule 48-A applies, the decision of [the State Government] shall be final. [G.O.Ms.No. 12, Fin. & Plg., Dt. 7-2-95]

Instructions under Rules 48-A and 48-B - [Not Related]

CHAPTER - VI: Combination of Appointments

F.R. 49. 

The State Government may appoint one Government servant to hold substantively, as a temporary measure, or to officiate in not more than two independent posts at one time. In such cases, his pay is regulated as follows :-

(a) the highest pay, to which he would be entitled if his appointment to one of the posts stood alone, may be drawn on account of his tenure of that post;

(b) for the other post he draws such reasonable pay and in no case exceeding half the presumptive pay (excluding overseas pay) of that post, as the State Government may fix; and [Explanation :-For the purpose of this rule, the term independent post should be interpreted as meaning separate or distinct post, the second or the additional post not being subordinate to the first or regular post.] [G.O.Ms. No. 116, Finance, Dt. 16-4-1969]

[Note :-In respect of two posts, which are borne in the same service or cadre or, are in the same line of promotion, the scale of pay should be taken as a criterion to decide whether one of the two posts is subordinate to the other. If the two posts are borne on different services and are not in the same line of promotion, the scale of pay need not be the criterion and in such cases additional charge arrangements, may be made, whenever necessary, as the two posts are to be regarded as independent posts, the second or the additional post not being subordinate to the first or regular post]. [G.O.Ms No. 320, Finance, Dt. 15-12-1965]

(c) if compensatory allowances are attached to one or more of the posts, he draws such compensatory allowances as [the State Government] may fix, provided that such allowances shall not exceed the total of compensatory allowances attached to all the posts. [G.O.Ms.No. 12, Fin. & Pig., Dt. 7-2-95]

INSTRUCTIONS

1. The competent authority who appoints a Government servant to hold or officiate in a second post in addition to his own will declare whether he officiates in or holds full charge of the additional post or is appointed merely to discharge the current duties. He should also specify in each case the amount of additional pay and allowances, if any to be granted, the amount being subject to the following limits

(a) If the Government servant is appointed to officiate in a second post, and to hold in addition full charge of his own post he may be allowed to draw pay admissible under clause (a) of Rule 49, and in addition in respect of additional post, pay which should not exceed one-fifth of his officiating pay. The pay admissible under clause (a) of Rule 49, may however, be specifically be reduced by the competent authority at its discretion. If a compensatory allowance is attached to the additional post he may be permitted to draw it in full. If such allowance is attached to the additional post, as well as his own post, the allowance which may be granted to him should not exceed the larger of the two allowances.

(b) If the Government servant is appointed to hold full charge of a second post in addition to his own, the additional pay which may be granted to him in respect of additional post, should not exceed one-fifth of his officiating pay. The drawal of compensatory allowances will be regulated as in clause (a) above.

(c) If the Government servant is appointed to discharge only the current duties of a second post in addition to his own, the additional pay which may be granted to him in respect of the additional post, should not exceed one-tenth of his officiating pay, in addition to pay, and compensatory allowances, if any admissible in his regular post. (G.O.Ms.No. 2484, Fin., Dt. 1-12-1960)

Note 1 :-In case of a Government servant who has a lien or no lien on a permanent post, the pay which he draws in a higher officiating post from time to time but for appointment to one or the other of the higher posts may be considered as substantive pay for purpose of these instructions, subject to the condition that he is an approved probationer and that he has put in a continuous service of three years in that post and that the delay in his confirmation is not due to his fault or short coming. [G.O.Ms. No. 256, Finance, Dt. 3-9-1969]

Note 2 :-The additional pay that may be granted to a Government servant under c;lauses (a) and (b) should in no case exceed half the minimum pay of the additional post, and the additional pay that may be granted under clause (c) should in no case exceed onefourth of the minimum pay of the additional post.

Note 3 :-[Not Related].

2. No additional pay should be granted unless the previous incumbent of the additional post held, _has actually given over charge thereof under orders of competent authority and unless the period of additional charge exceeds fourteen working days in the case of full additional charge and one month in the case of discharge of current duties only. [G.O.MsNo. 197, Finance, Dt. 4-7-1964)

The drawal of additional pay should not be allowed for a period exceeding six months, out of which in respect of the first three months, the rate of additional to pay should be as laid down in instruction above and for the succeeding period it should be one half thereof. [G.O.Ms.No. 197, Fin., Dt. 4-7-1964)

3. Additional pay should be granted only if the post held in additional charge is independent and not subordinate to the regular post held by the Government servant concerned.

Note :-In the case of a Non-Gazetted Ministerial Government servant, additional pay should be granted subject to the head of office certifying that additional charge arrangement could not be avoided due to lack of suitable candidate for promotion or appointment from the approved list or the Employment Exchange as the case may be. [G.0.Ms.No. 2484, Finance, Dt. 1-12-1960]

Non-Gazetted Ministerial employees of Panchayat Samithis and Zilla Parishads are eligible for the additional charge allowance in terms of the provisions under Rule 49 ofF.R. [Govt. Memo. No. 4161, Est. 11/77-1, P.R., Dt. 26-11-1977]

4. Additional remuneration should not be allowed as a matter of course or granted when the extra duties to be performed are only nominal or comparatively light. Additional remuneration should not be allowed during any period of vacation, unless the additional duty is actually performed during such period.

5. A School Assistant who is placed in full additional charge of the post of Headmaster or Headmistress in a Government Secondary and Training Schools and draws additional pay therefor, may be allowed the special pay attached to the latter post.  The additional pay drawn under the above rules may be reckoned as pay for calculation of D.A., H.R.A., C.C.A. etc. [G.O.Ms.No. 401, Fin., Dt. 17-11-1977].

Delegation under Rule 49

1. The head of a department is empowered to appoint for a period not exceeding 3 months a Government servant to hold temporarily or to officiate in, not more than two posts which are either Gazetted or non-Gazetted below the regional level (i.e.), confined to a single district. In the case of other Gazetted posts, the Head of a department may make similar appointment when it is not proposed to grant any additional pay and allowances.

Note :-The power under this delegation may be exercised by the Chief Conservator of Forests in respect of all Forest Officers other than Conservators, namely the District Forest Officers, Working Plan Officers, and other officers of the same rank holding posts inter-transferable, irrespective of the extent of jurisdiction whether it ranges over one district or more.

2. The Inspector-General and Inspector-General of Police is empowered to delegate to the Deputy Inspectors-General of Police the power to appoint for a period not exceeding 3 months, Inspectors, Sub-Inspectors, Office Superintendents and Accountants of District Police Offices to hold in additional charge temporarily, another post.

3. [Not Relevant]

4. The Collector/Special Collectors are empowered to make additional charge arrangements in respect of post of Deputy Collectors / Tahsildars / Deputy Tahsildars, confined to their Districts / Jurisdiction for a period not exceeding three months under intimation to the Commissioner of Land Revenue, subject to the condition that any additional pay and allowances shall not be proposed to be granted. [G.O.Ms.No. 182, Fin. & Pig., Dt. 5-5-1976]

5. The Additional Registrar of Co-operative Societies dealing with non- Gazetted establishment is empowered to appoint Non-Gazetted Government Servants, for a period not exceeding 3 months to hold temporarily or officiate in not more than two Non-Gazetted posts below the regional level and to grant additional pay and allowances subject to the limits prescribed in F.R.49 and instructions thereunder. [G.O.Ms No. 352, Fin. & Pig., Dt. 16-12-1980]

6. The Head of the Department is empowered to appoint for a period not exceeding 3 months, a Government Servant who is working in a Corporation and Agencies like I.T.D.A., D.R.D.A., etc., on deputation/Foreign Service, to hold full additional charge of a Government post in the Government Department either Gazetted or Non-gazetted, below the regional level i.e., confined to a single district. Beyond the initial period of 3 months, in cases where the additional charge arrangements are to be continued for a further period, Government in the concerned administrative department are competent to continue for a further period and the payment of additional pay should not be allowed for a period exceeding six months. The expenditure on account of additional pay in such cases shall be borne by the Foreign employer initially and such Foreign employer may claim reimbursement of such additional pay from the concerned Government Department / Office in which the Officer performs the additional duties by following the orders issued in G.O.Ms.No. 35, Finance, Dt. 21-1-1976 for claiming reimbursement. The provisions of Fundamental Rule 49 will be applicable in respect of all other conditions for placing in additional charge and payment of additional pay. [Added by G.O.Ms.No. 152, Fin. & Plg. (FW: FR-II) Dept., Dt. 13-5-1993]

RULINGS

(1) In the case of All-India Services, the State Government possess full powers in the matter of combining appointments under Rule 49. Interpretation of the term "independent" occurring in the rule (2) Two posts of Assistant Secretaries, Deputy Executive Engineers, etc., shall be regarded as independent for. the purpose of Rule 49, even though the duties of two such posts are similar. The posts of an Assistant Secretary or Deputy Executive Engineer, should respectively be treated as subordinate to the post of Deputy Secretary or Executive Engineer etc., of the same Department, even though they are not normally expected to discharge duties of the former posts. [G.O.Ms No. 2484, Finance, Dt. 1-12-1960]

Note 1:- No additional pay is admissible to the Accountant in District Police Office for holding additional charge of the post of an assistant in that office.

Note 2 :- The posts of Firka Revenue Inspectors are independent posts for the purpose of Rule 49.

(3) [Not Relevant].

Pay for an additional post

(4) As Rule 49(b) requires that such pay as may be considered 'reasonable' in circumstances, may be given, half the presumptive pay of the post is not, therefore, to be regarded as the amount automatically permissible. Admissibility of overseas pay in respect of more than one post

(5) [Not Relevant].

(6) Presumptive pay for the purpose of Rule 49(b) should according to Rule 9(24), be taken to be what the Government servant who is placed in additional charge will draw as initial pay in the time-scale of the additional post under Rule 22, were he formally transferred to it. In cases, however, in which the maximwn pay of the lower post, is less than the pay of the Government servant in his substantive post, the application of Rule 22 is not clear, and accordingly it has been decided under Rule 8 that in such a case, the maximwn of the pay of the lower post should be taken as the preswnptive pay for the purpose of Rule 49(b). Admissibility of the special pay attached to a post or granted for the collateral duties of the post for purposes of determining additional pay

(7) In cases where the responsibility, or work in consideration of which the special pay is sanctioned is inseparable from the post and the special pay forms part of the permanent emolwnent of the post, the special pay cannot count for purposes of additional pay which must be calculated upon the officer's substantive pay only. Other cases where the work or responsibility of a post is increased by the addition of a second, but not independent post, e.g., the Principal of Medical College holding the additional post of Professor of Midwifery, do not fall within the terms of Rule 49 and the special pay will not enter into the calculation of additional pay; but the holders of such posts may receive the full special pay attached to them whether they hold two independent posts or not.

(8) The Second Saturday of a month is not a working day for the purpose of these instructions.

(9) No additional pay should be allowed, unless the officer has held additional charge for a period which, excluding holidays and optional holidays availed of and periods of casual leave, if any, exceed 14 working days.

Note :-Omitted by G.O.Ms.No. 401, Finance, Dt. 4-12-1964.

(10) An order appointing an officer to hold the current charge of the duties of a post, should, in the absence of any specific direction to the contrary, be deemed to clothe the officer with all the powers vested in full fledged incwnbent of that post, eventhough he may not get the full pay of the post. Such an officer should not, however, modify or over-rule the orders of the regular incwnbent of the post, except in an emergency without obtaining the orders of the next higher authority. Where the appointment to hold the current duties of a post involves the exercise of statutory or such other powers conferred on the holders of the post, the appointment should also be notified in the Gazette.

(G.O.Ms No. 41, Finance, Dt. 1-2-1961]

EXECUTIVE INSTRUCTIONS

1. Delegation of powers - Sanction of additional charge allowance under F.R. 49/H.C.R. 223 - Certain clarifications - Issued. [Cir. Memo. No. 67343-A/FR 784/64-2, Finance, Dt. 4-12-1964]

Ref :-

1. G.O.Ms.No. 2484, Fin. (FR), Dt. 1-12-1960.

2. From the A.G., (A.P.) Hyd., Lr. No. GX/Rev. II/1100, Dt. 11-3-1964 addressed to Secretary to Govt. Revenue Department, Hyderabad.

3. G.O.Rt.No. 474, Rev., Dt. 25-6-1964.

Order :-

According to the Delegation No. l under F.R. 49 as amended in G.O.Ms. No. 2484, Fin. (FR), Dt. 1-12-1960, the Head of a Department is empowered to appoint for a period not exceeding 3 months a Govt. servant to hold temporary or to officiate in not more than two posts which are either non-Gazetted or Gazetted below the regional level i.e., confined to a single district. The Accountant-General in his letter second cited has contended that the Board of Revenue is not empowered under the aforesaid delegation, to appoint an Asst. Secretary, Board of Revenue, to hold additional charge of another post Asst. Secretary, Board of Revenue, as the posts of Asst. Secretaries, Board of Revenue, cannot be considered to be below regional level and that orders of Government ratifying the action of the Board in making such additional charge arrangements will be necessary.

2. The question has been examined and it has been decided that Gazetted posts in the offices of Heads of Departments and Directorate offices should be considered to be above regional level (i.e., not confined to a single district for purpose of Delegation 1 under F.R. 49, in as much as the nature and scope of the work attached to such posts is of Statewide jurisdiction.

3. In all such cases of additional charges arrangements of Gazetted posts in the Offices of Heads of Departments and Directorate Offices, the orders of Government will be necessary for making additional charge arrangements and for payment of additional charge allowance.

2. Sanction of additional pay under F.R 49 - Certain instructions - Issued. [Cir. Memo. No. 5213/102/FR-I/17-J, Finance, Dt. 15-11-1971]

Ref :-From the A.G., A.P., Hyd., Letter No. G.A.D. 1/Genl., 162, Dt. 20-1-1971.

Order :- 

In the letter cited the Accountant-General, Andhra Pradesh, has brought to the notice of the Government that in the various sanctions accorded by the Government/Head of Departments under F.R. 49 for additional remuneration, the term additional charge allowance, is being used. As no term as the additional charge allowance is found in Fundamental Rule 49, the Accountant-General, has suggested that the term 'additional pay' may be used in all sanctions that are accorded under F.R. 49 as the additional remuneration that is payable to a Government servant for holding additional charge of another independent post has only to be classified as pay under F.R. 9(2 l )(a)(iii).

All the Departments of the Secretariat and Heads of Departments are therefore requested not to use hereafter the 'charge allowance' but to use the correct term 'additional pay' in the sanctions that are accorded by them under F.R. 49. [G.O.Ms.No. 274, Fin., Dt. 8-8-1977]

In case where an approved probationer or Government Servant holding post in temporary capacity without having a lien on a permanent post holds additional charge of another post such person shall be eligible for additional pay for holding additional charge of another post, and for this purpose, the pay drawn by him shall be treated to be substantive pay. This principle shall also apply to permanent employees of local bodies who hold temporary posts or officiate in posts under Govt. if they have no lien on a permanent post under Govt. When a pensioner is re-employed, his substantive pay prior to retirement shall be considered as substantive pay for this purpose. [These orders shall have retrospective effect from 3-9-69, but in cases in which additional pay was paid already need not be re-opened. All pending cases on the date of issue of these orders shall however be decided in the light of these orders]. [G.O.Ms.No. 121, Fin., Dt. 3-5-1978) Government have decided to extend the facility ordered in G.O.No. 274, Fin., Dt. 8-8-77 to the permanent Government servants for enabling them to draw additional charge allowance on the officiating pay. (These orders shall have retrospective effect from 3-9-69, but the cases in which the additional pay was paid already need not be reopened. All pending cases on the date of issue of these orders shall however be decided in the light of these orders.)

[G.O.Ms.No. 401, Fin., Dt. 17-11-1977)

3. Additional pay under F.R. 49 - payment of D.A., H.R.A. and C.A. on Additional pay - Clarification. [Govt. Rev. No. 24587/376/FR I & UJJ-I, Dt. 19-2-1974]

Order :-

In respect of combination of appointments under F.R. 49 the grant of C.A. is under F.R. 49 (c) read with instructions thereunder. According to the instructions, if a C.A. is regulated attached to the additional post, an employee appointed to the post under F.R. 49 may be permitted to draw it in full. If such allowance is attached to it, the additional post, as well as his own post, the allowance which may be granted to him should not exceed the larger of the two allowances. In view of this question of calculating separately, the D.A., H.R.A. & C.A. on the "additional pay" drawn in respect of second post does not arise.

(2) The additional pay sanctioned under F.R. 49 shall not be treated as pay for purpose of working out average pay for drawing leave salary as the same is not specifically classed as pay under F.R. 9(2l )(a)(iii).

(3) Further, the "additional pay" sanctioned under F.R. 49 is a separate entity, being temporary addition in nature and shall not be taken into account for working out marginal adjustments in calculating "adhoc increase in D.A. etc., that may be sanctioned by Govt. from time to time."

4. Instructions regarding sanction of additional pay under F.R. 49.  [G.O.Ms. No. 274, Fin. & Pig., (Fin.-Wing. F.R.-1.) Dept., Dt. 8-8-1977]

Order :-

In the Government Order G.O.Ms.No. 256, Finance, dated 3-9- 1969, orders were issued that in the case of a Government servant who has a lien or no lien on a permanent post the pay which he draws in a higher officiating post from time to time but for appointment to one or the other of the higher posts may be considered as substantive pay for purposes of the Instructions, subject to the condition that he is an approved probationer and that he has put in a continous service of three years in that post and that the delay in his confirmation is not due to his fault or shortcoming. Consequent on the issue of above orders, Government servants who were not approved probationers and also temporary Government servants who were having no lien on permanent posts were denied the payment of additional pay for holding additional charge of another post.

2. After careful consideration, Government direct that in case where an tin-approved probationer or a Government servant holding post in temporary capacity without having a lien on a permanent post holds additional pay for holding additional charge of another post, and for this purpose the pay drawn by him shall be treated to be substantive pay. This principle shall also apply to permanent employees of local bodies who hold temporary posts or officiate in posts under Government if they have no lien on a permanent posts under Government. Then a pensioner is re-employed, his substantive pay prior to retirement shall be considered as substantive pay for this purpose.

3. These orders shall have restrospective effect from 3-9-1969 but the cases in which additional pay was paid already need not be re-opened. All pending cases on the date of issue of these orders shall however be decided in the light of these orders.

5. Larger Delegation of Financial Powers to Heads of Departments. [G.O.Ms. No. 282, Fin. & Pig., (Fin.-Wing. F.R.-1.), Dt. 11-8-1977]

Order :-

The committee constituted by the Government have recommended for larger delegation of financial powers to the· Heads of Departments in respect of the following 

(i) The Heads of Departments may be empowered to sanction additional charge allowance to all Gazetted Officers instead of coming to Government.

(ii) The Heads of Departments may be empowered to sanction leave to Gazetted Officers upto two months, where no leave arrangement is proposed.

(iii) 

(a) Cases relating to special joining time, upto ten days may be left to be decided by the Administrative Departments themselves.

(b) Cases of overstayal, after handing over charge in the old station on account of administrative delay, in issuing posting orders of the other circumstances beyond the control of the officer upto a fortnight may be delegated to the Administrative Departments.

(iv) Cases of treating periods of suspension as duty where the officer has been honourably acquitted of the charges against him or where proceedings have been dropped, may also be left to the Administrative Departments without being referred to the Finance Department.

The Government have accepted the above recommendations and hereby order the delegation of powers as in items (i) and (iv) above. These delegated powers in respect of the cases of Heads of the Departments will be exercised by the Government in the Administrative Department concerned.

6. Instructions regarding sanction of additional pay under F.R. 49. (G.O.Ms. No. 401, Fin. & Pig., (Fin.-Wing. F.R.-1.), Dt. 17-11-1977)

Order :-

In view of the instructions issued in the Circular Memo.No. 242587/ 376/FR.I & L/73-1, Dt. 19-2-1974, the Accountant General, A.P. Hyderabad has raised certain points in his letter second cited, Government of India to whom the matter was referred, have clarified that pay for the purpose of grant of various allowances like House Rent Allowance, City Compensatory Allowance. Dearness Allowance to Central Government employees means pay as defined in F.R. 9(2l)(a), that additional pay sanctioned under F.R. 49 fonns part of pay under F.R. 9(2l)(a); and that leave salary is also based on pay as defined in F.R. 9(21). The State Government have examined the matter and have decided to follow the procedure obtaining in Government of India.

2. Government direct that for the purpose of calculation of Adhoc Dearness Allowance, House Rent Allowance and City Compensatory Allowance, pay shall be as defined in F.R. 9(21)(a).

3. Government also direct that additional pay admissible under F.R. 49 shall be treated as pay under F.R. 9(2l)(a) and that the additional pay sanctioned under F.R. 49 may be reckoned as pay for purposes of calculations of Adhoc Dearness Allowance, House Rent Allowance, City Compensatory Allowance and Leave Salary. The instructions issued in the circular Memo.No. 24587/376/FR.I & L/73-1, Dt. 19-2-1974 and the orders issued in sub-para (vii) of the G.O.Ms.No. 341; Finance and Planning (PRC-I) Department, dated 27-11-1975 shall stand modified to this extent.

4. These orders shall come into effect from the date of issued of these orders and shall not apply to the past cases.

7. Instructions regarding sanction of additional pay under F.R. 49.

(G.O.Ms. No. 121, Fin. & Pig., (Fin.-Wing. F.R.-1.), Dt. 3-5-1978)

Order :-

In the G.O.Ms.No. 274, Finance and Planning (FW : FR-I) Department, dated 8-8-1977, orders were issued pennitting temporary Government servants to draw additional charge allowance at the rates admissible under the rules on the officiating pay drawn by them when they hold charge of another post.  This facility is not available to the pennanent Government servants, as they are eligible to draw additional charge allowance on the substantive post held by them and not on the officiating pay drawn by them.

2. After careful consideration of the issue, Government have now decided to extend the above facility to the pennanent Government servants for enabling them to draw additional charge allowance on the officiating pay.

3. These orders shall have retrospective effect from 3-9-1969 but the cases in which the additional pay was paid already need not be re-openeed. All pending cases on the date of issue of these orders shall however be decided in the light of these orders.

8. Instructions regarding Practice of Additional Charge arrangements in newly created posts.

[Memorandum No. 8345/175/FR.JI/85-J, Dt. 6-4-1985]

Order :-

The Pay and Accounts Officer has brought to the notice of Government that several Departments and Offices are making additional charge arrangements under Rule 49 of Fundamental Rules against newly created posts. He has requested the Government to issue necessary instructions in this regard.

2. The attention of the Departments of Secretariat/Heads of Departments etc., is invited to Instruction (2) under F.R. 49 according to which no additional - pay should be granted unless the previous incumbents of the additional post has actually handed over charge thereof under the orders of the competent authority.  A newly created post does not satisfy this essential conditions for making additional charge arrangements.

3. Further, according to instruction (4) under F.R. 49, additional remuneration should not be allowed as a matter of course. Normally, the newly created posts are utilised from the date of filling-up of these posts by promotion OR direct recruitment. It is not correct to utilise the newly created posts for making additional charge arrangements.

4. The Departments of Secretariat/Heads of Departments/Heads of Offices are therefore informed that the practice of making additional charge arrangements against newly created posts is not in accordance with rules and should not be resorted to under any circumstances. The arrangement should be resorted to where the post is actually held by some other person and be vacates the post for any reason and gives over charge to the person placed in additional charge of that post. If there is pressure of work and delay in tilting-up of newly created posts, the work may be suitably distributed among the existing persons without resorting to additional charge arrangements under F.R. 49.

5. Cases already settled otherwise need not however be re-opened.

9. Avoidance of additional charge arrangements in respect of Class-IV Employees etc.

[Memorandum No.0166/16/FR.II/90 of Fin. & Pig. (FW.FR-1/) Dept., Dt. 6-4-1985]

Order :-

The Pay and Accounts Officer, Hyderabad, has brought to the notice of Government, that be has received from some of the Departments of the Secretariat, the additional charge arrangements that are allowed to Class-IV Staff. He has brought to the notice of the Government, that in one case a Chowkidar was given additional charge for attending to the duties of another Chowkidar and in another case one Cycle Orderly was placed in full additional charge of another post of Cycle Orderly, while a Class-IV employee was placed to hold full additional charge of a post of Shroff.

2. It is felt that the work attached to the Chowkidars, Drivers, etc., are of special nature and these personnel cannot be asked to look after the work of a second individual for obvious reason that they cannot handle two works at a time.

Similarly an Attender and Record Assistant cannot handle another post of an Attender and Record Assistant.

3. The question of allowing additional charge to Class-IV employees etc. has been examined and it has been decided that the Chowkidars, Class-IV employees, Record Assistants and Drivers and hereby prohibited to hold full additional charge of another post and for payment of Additional Pay under F.R. 49.

4. All the Departments of Secretariat and the Heads of Departments are, therefore, requested not to place a Chowkidar, a Class-IV employee etc., to hold full additional charge to another post of Chowkidar, Attender etc.

10. Instructions regarding making additional charge arrangements. [Cir.Memo.No. B-92-7/044/450/FR.ll/A2/92 of Fin. & Pig. Dept., Dt. 6-4-1985]

Order :-

In consonance with the provision under Fundamental Rule 49 and according to Delegation thereunder a Head of the Department is empowered to appoint a Government servant to hold a post temporarily (i.e., to place a Government servant in full additional charge) for a period not exceeding 3 months, in not more than two posts which are either Gazetted or non-Gazetted below the regional level i.e., confined to a single district. The competent authority who appoints a Government servant to hold full additional charge of a second post in addition to his own, is the authority who is empowered to sanction the additional pay for the first three months at 115th of the officiating pay of the Government servant, in terms of Instruction 1 read with l(b) under F.R. 49. Thus the Head of the Department, in case the additional charge is upto first three months and the Government in case beyond first three months and upto six months, should place a Government servant in full additional charge.

2. No Government employee should be placed in full additional charge and no additional pay is sanctioned unless the previous incumbent of the additional post held has actually given over the charge of the post to the new incumbent and that the additional pay is not admissible if the full additional charge arrangement or discharging of current duties does not exceed fourteen working days and one month respectively, as per Instruction 2 under F.R. 49. Hence, there exists no provision for placing an employee in full additional charge and claiming additional pay with retrospective effect.

3. In case where full additional charge arrangements is to be extended or continued beyond the first three months, the Head of the Department shall submit the proposal to that effect well in advance and obtain prior approval of the concerned Administrative Department of the Secretariat if such an arrangement is inevitable. Under no circumstances, the Head of the Department should come up with such proposal long after the termination of such an arrangement. Instructions to this effect were already issued in Cir. Memo.No. 3917/127/FR.II/82, Dt. 23-3-1982.

4. After getting prior approval or sanction of the concerned Administrative Department of the Secretariat for extension or continuation of the full additional charge arrangement either for the next three months or less in respect of Gazetted Officers the Head of the Department is then empowered to sanction the additional pay for the period beyond first three months and upto the maximum permissible period of six months or less as the case may be, in terms of orders, issued delegating the powers to them in G.O.Ms.No. 282, Fin. & Plg. (FW.FR.I) Department, Dt. 11- 8-1977. However, since no delegation of powers was made in respect of NonGazetted Officers for payment of additional pay for the period beyond first three months and upto six months or less as the case may be, the orders of Government are necessary.

5. Further, it has come to the notice of this Department that full additional charge arrangements are being made by posting employees of various Corporations/ Societies etc., in the Government posts. Such arrangements are not permissible under F.R. 49, since the provisions under Fundamental Rule 49 are applicable only to the Government employees holding full additional charge of Go􀁷ernment posts.

6. Very often, this department is coming across a sftuation where clarifications are sought by the Departments of Secretariat on the admissibility of additional pay when orders were issued keeping employees in full additional charge in vacant posts. When the bills have been preferred on the P.O.O. it is stated that, they are being returned on the ground that additional pay is not admissible for the additional charge arrangements made against vacant posts, as per Government instructions.

7. It has been noticed that, the Department of Secretariat, and the Heads of Departments while making full additional charge arrangements in their Departments, the orders issued are bereft of the details such as ( 1) whether the full additional charge arrangements are made against leave vacancy or against-retirement of a member of service and (2) name of such employee in whose place the full additional charge arrangement was made. Thereby the audit office appears to have been experiencing difficulty in identifying the post(s) against which the full additional charge arrangements are made/continued while processing the claims for additional pay. Hence the claims which are bereft of the above infom1ation are subjected to return. However, no additional charge arrangements are to be made against a vacant post. That is to say the additional charge arrangements should not be made against newly created posts which were not at all filled up originally after creation by posting any employee in such post.  Instructions to this effect were already issued in Memo.No. 8345/175/F.R.II/85-l, Fin. & Plg. (FW : FR.II) Department, Dt. 6-4- 1985.

8. Hence all the Secretariat Departments and Heads of Departments are informed that whenever any full additional charge arrangements are made they may follow the above instructions scrupulously to avoid any irregularity in placing an employee in full additional charge of while sanctioning additional pay therefore

11. Making of additional charge arrangement in respect of the vacancies arising due to placing of a Government Servant under Suspension - Instructions.

(Memo. No. 20225/219/FR.ll/99, F & P (FW.FR.11) Dept., Dt. 23-07-1999)

Ref. :- 

1. Cir. Memo. No. B-92-7/044/450/FR.11/A2/92, of Fin. & Pig. (FW.FR.11) Dept., Dt. 28-10-1992.

2. G.O.Ms.No.189, of G.A. (Ser.C) Dept., Dt. 20-4-99.

Order :-

It has been brought to the notice of the Government that whenever any Government employee is placed under suspension in any disciplinary case, the consequential vacancy is being filled up either by promotion or appointment by transfer by an eligible person. It is further noticed that inordinate delay is being caused to dispose of such disciplinary cases. Thereby, the person promoted or appointed by transfer is being continued in such vacancy for a long time.

2. Government after careful examination of the above position hereby decided to issue further instructions to Cir. Memo. 1st cited to the effect that Full Additional Charge arrangements shall be made in the vacancies arising due to placing of a Government servant under suspension in any disciplinary case, wherever necessary under F.R. 49 and shall not be filled up by promotion or appointment by transfer.

12. Sanction of Full Additional Charge Alowance under F.R.49-Admissibility of Compensatory Allowance - Clarificatory Instructions - Issued. (Circular Memo. No. 15727-A/187/A2/FR.II/2000, Fin., and Plg (FWF. R.11) Dept., Dt. 27-5-2000)

Order :-

It has been brought to the notice of the Government that several Drawing & Disbursing Officers are preferring claims in respect of full Additional Charge Allowance including the Compensatory Allowance of the additional (second) post at rates prescribed under instruction No. l (b) of FR.49, which is not in accordance with the rules in force.

2. Therefore, it is hereby clarified that if a Compensatory Allowance is attached to the additional post, the Government Servant may be permitted to draw it in full. If such allowance is attached to the additional post, as well as his own post, the compensatory allowance which may be granted to him should not exceed the larger of the two allowances.

3. All the Departments of Secretariat and Heads of Departments are requested to folow the above instructions scrupulously.

13. Payment of Compensatory Allowances to the Government Servants under suspension - Certain Clarification - Issued - Regarding. 

(Memo. No. 17982/212/A2/FR.II/2000, Fin., and Plg. (Fin.Wing-F.R.11) Dept., Dt. 23-8-2000)

Ref. :- 

1. Cir.Memo.No.40986/489/A2/F.R.II/99-2, Dt. 01-04-2000

2. From the Pay & Accounts Office, A.P., Hyderabad Lr.No.PAO/Co-ordn/ 58/2000, Dt. 03-05-2000 Order :-In the reference 2nd cited, the Pay and Accounts Officer, Andhra Pradesh, Hyderabad has sought clarification on the admissibility of the following Allowances to the Government Servant under suspension.

        (a) Compensatory Allowance     

        (b) Dearness Allowance.

With reference to para (a) above, necessary clarification was issued in the reference Ist cited. With reference to para (b) above, it is hereby clarified that as per proviso (iii) under F.R.53(1)(ii)(a), the rate of Dearness Allowance will be based on the increased or, as the case may be, the decreased amount of subsistance allowance admissible under clauses (i) and (ii) of the above said value.

14. Admissibility ofD.A., H.R.A. & C.C.A. on Additional Pay sanctioned under FR. 49 - Clarification.

(Memo. No. 25778/350/A2/Fr.JJ/2000, F & P (FW.FR.11) Dept., Dt. 02.09.2000)

Order :-

In the reference cited, the Director of Treasuries and Accounts, A.P., Hyderabad has requested a clarification on the admissibility of D.A., H.R.A. & C.C.A. on Additional Pay sanctioned under FR. 49.

2. It is clarified that orders were issued in G.O.Ms.No. 401, Finance & Planning (PW.FR.I) Dept., Dt. 17.11.77 to the effect that the additional pay admissible under FR. 49 shall be treated as pay under FR. 9 (21)(a) and that the Additional Pay sanctioned under FR. 49, may be reckoned as pay for the purpose of calculation of Adhoc Dearness Allowance, House Rent Allowance, City .Compensatory Allowance

and Leave Salary.

GOVERNMENT OF INDIA INSTRUCTIONS

(For guidance only)

Additional charge of the routine duties of another post - guidelines issued:- As per F.R. 49(iv) no additional pay is admissible to a Government servant who is appointed to hold current charge of the routine duties of another post irrespective of the duration of the additional charge. In practice it is observed that in a number of cases, officers are appointed to hold additional charge of current duties of another post but the duties are not defined in the order and therefore, the officer performs all the functions of the other post including even some statutory function. However, no additional remuneration is paid to him in view of the specific language of the order of his appointment. In certain other cases, an officer is asked to hold additional charge of another post (which implies full charge of the other post), but he is not formally appointed to that post and, therefore, no additional remuneration is paid to him under F.R. 49. [G.I., Dept. of Per. & Trg., O.M. No. 4/2/89-Est. (Pay-II), Dt. 11-8-1989]

2. With a view to avoiding recurrence of such situations, the following guidelines may be followed while considering the question of entrusting additional charge of another post to an officer

(i) When an officer is required to discharge all the duties of the other post including the statutory functions, e.g., exercise of power derived from Acts of Parliament such as Income Tax Act or the Rules, Regulations, Bye-Laws made under various Articles of Constitution such as F.Rs., C.C.S. (C.C.A.) Rules, C.S.Rs., D.F. P.Rs., etc., then steps should ·be taken to process the case for getting the approval of the competent authority and formal orders appointing the officer to the additional post should be issued. On appointment, the officer should be allowed t.½.e additional remuneration as indicated in F.R. 49.

(ii) Where an officer is required only to attend to the usual routine day-today work of non-statutory nature attached to the post, an office order may be issued clearly stating that the officer will be performing only the routine day-to-day duties of non-statutory nature and that he would not be entitled to any additional remuneration. The office order should also specify what duties he would be discharging or what duties he would not be discharging.

CHAPTER - VII: Deputation out of India

F.R. 50.

No deputation of a Government servant out of India shall be sanctioned without the previous approval of the Central Government.

F.R. 51.

(1) When a Government servant is, with proper sanction, temporarily deputed for duty out of India either in connection with the post held by him in India or in connection with any special duty on which he may temporarily be placed, he may be allowed by the President to draw during the period of deputation the same pay which he would have drawn had he remained on duty in India;

Provided that a Government servant, who is placed on deputation while already on leave out of India on average pay, may be required by the President to continue to be on leave, in which case he shall be given during that period, in addition to his leave salary, an honorarium of one-sixth of the pay which he would have drawn had he remained on duty in India; the cost of passages from and to India shall be borne by him. (G.O.Ms.No. 37, Fin. & Pig. (FW : FR-I) Dept., Dt. 9-3-1995)

(2) A Government servant on deputation may also be granted a compensatory allowance in a foreign country of such amount as the President may think fit.

(3) The foreign exchange equivalent of the pay, honorarium or compensatory allowance admissible under sub-rule (1) or sub-rule (2) shall be calculated at such rate of exchange as the President may by order prescribe.

EXECUTIVE INSTRUCTIONS

1. Halting Allowance admissible to officers sent abroad on deputation - Rates as revised by the Govt. of India - Adopted. (G.O.Ms.No. 617, Finance Department, Dt. 28-7-1956)

Ref :-

1. From the Govt. of India, Ministry of Finance, Lr.No. 2(11) E (Coard.)/55, dated 10-11-55.

2. From the Govt. of India, Ministry of Finance, Lr.No. F. 2(3) E (Coard)/56, dated 7-4-56.

3. From the Govt. of India, Ministry of External Affairs, Lr. No. F. 2(53) E. 11/55, dated 30-7-56.

Order :

Section IV below F.R. 51 contains the rate of halting allowance admissible to officers of this State sent on deputation to United Kingdom and other places abroad. These rates are based on those adopted by the Govt. of India from time to time. The Govt. of India have now revised the rates of halting allowance in respect of their officers. The question of adopting the rates of Govt. of India in respect of officers of this State has been examined and it has been decided that the rates as adopted by the Govt. of India should be followed in respect of officers under the rule making control of this State. It has also been decided that the revised rates should be adopted with effect from the dates they were adopted by the Govt. of India.

2. Different rates have been prescribed for different places subject to certain conditions and stipulations. As the places involved are many, it is considered unnecessary to communicate the rates of allowances admissible in various places to all Heads of Depts. etc. A set of orders which are issued by the Govt. of India and which contain the rates of allowances admissible in various places is sent to the Accountant General, Andhra, for his information. Another set of orders is kept with the Govt. in the Finance Department for reference by the Depts. of the Secretariat.

3. The question of incorporating the rates of allowance admissible in suitable places in the Fundamental Rules will be considered in due course after the Govt. of India incorporate the rates in their F.Rs.

*****

2. Deputation - Deputation abroad of Officials for attending courses at various training institutions in foreign countries - Enhancement of equipment allowance, Pre-post course attachment with the High Commission / Embassy of India etc. - Orders - Issued. (G.O.Ms.No. 201, Fin. & Pig., Dept., Dt. 17-7-1991)

Ref :-

1. G.O.Ms.No. 398, Finance & Pig. (FW : TA) Dept., Dt. 24-9-1962.

2. G.O.Ms.No. 319, Finance & Pig. (FW: TA) Dept., Dt.28-11-1974.

3. U.O. Note No. 79059-8/993ffA/78-J, Fin. & Pig. (FW : TA) Dept., Dt. 17-11-1978.

4. G.O.Ms.No. 252, Finance & Pig. (FW: TA) Dept., Dt. 29-9-1981.

5. From the Govt. of India, Min i stry of Finance, Department of Expenditure Lr. No. 19036/7/85-E.IV, New Delhi, Dt. 13-11-1985.

6. G.O. No. EST-1090-290N, Dt. 15-9-1990, of Labour and Employment Department, Govt. of Gujarat, Gandhinagar.

Order:

In the reference 1st to 4th read above, Government of Andhra Pradesh have issued certain guidelines etc., for deputation of Officers of State Government for attending courses at various Training Institutions in Foreign Countries.

2. Government have reviewed the facilities which are in existence in this State to the Officers of State Government deputed for attending training courses abroad and after careful consideration, hereby order extension of the following facilities/concessions to them :

(1) Salary Advance for the period of training :-Advance of salary for the full period of training to the Government Officers deputed by State Government for attending long term training courses outside India shall be paid in one lumpsurn and it should be adjusted in one lumpsurn after completion of training from the salary drawn for the training period after reporting for duty. No interest shall be charged on the above advance.

(2) Advance for purchase of Foreign Exchange :-An Interest Free loan, equal to the amount of Foreign Exchange eligible as per Reserve Bank of India's clearance, subject to a ceiling of Rs. 50,000/- shall be sanctioned to the Officers deputed by Government for attending long term training courses abroad for a

minimum period of 12 weeks. The above loan may be recovered in 25 instalments after the Officer rejoins duty. The Officers of State Government deputed by Government for seminars, conferences or other official work are not eligible for the above interest free loan.

(3) Air Port Tax :-Air Port Tax shall be sanctioned to the Officer of State Government deputed by Government for attending courses abroad. The order of deputation shall provide for Re-imbursement of Air Port Tax.

(4) Equipment Allowance :-The Equipment Allowance of Rs. 625/- now sanctioned as per the order issued in the G.O. 4th read above, shall be increased to Rs. 2,000/- to an Officer who is deputed abroad for training for more than 12 weeks.  However, Officers who pay short visits to attend Seminars, Conferences etc., shall be paid Equipment Allowance of Rs. 625/- only.

(5) Attachment of the Officers deputed for training abroad with the Embassy / High Commission of India in the Country of their visit :-The Officer of State Government deputed for training abroad shall be attached to the Embassy / High Commission of India in the Country of their visit as follows:-

-- Table --

3. The expenditure on account of Officer's attachment with the Embassy / High Commission of India will be borne by the Government of Andhra Pradesh.  The deputation order shall incorporate this clause to facilitate the drawal of per diem charges from the Embassy/High Commission concerned.

*****

F.R. 51-A.

When a Government servant is with proper sanction deputed for duty out of India to hold a regularly constituted permanent or quasi-permanent post, other than a post borne on the cadre of the service to which he belongs, his pay shall be regulated by the orders of the Central Government.

CHAPTER - VIII: Dismissal, Removal & Suspension

F.R. 52.

The pay and allowances of a Government servant who is dismissed or removed from service cease from the date of such dismissal or removal.

F.R. 53.

(1) A Government servant under suspension [or deemed to have been placed under suspension] by an order of the appointing authority shall be entitled to the following payments, namely: (G.O.Ms. No. 481, Fin., Dt. 22-12-1971)

(i) (Not Relevant).

(ii) In the case of any other Government servant:-

(a) a subsistence allowance 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 on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary:

Provided that where the period of suspension exceeds [three months], the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows (G.O.Ms.No. 134, Fin., Dt. 10-6-1981)

(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 percent of the subsistence allowance admissible during the period of first three months, if, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government servant;

(ii) the amount of subsistence allowance may be reduced by a suitable amount not exceeding 50 percent of the subsistence allowance admissible during the period of the first [three months] if, in the opinion of the said authority, the period of suspension has been prolonged due to reasons to be recorded in writing directly attributable to the Government servant; (G.O.Ms.No. 134, Fin., Dt. 10-6-1981).

(iii) the rate of dearness allowance will be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under clauses (i) and (ii) above.

(iv) the amount of subsistence allowance shall be restricted to 50% in all cases where a prima-facie case is established on charges ofcorruption, misappropriation and demand or acceptance of illegal gratification until finalisation of the disciplinary case. (Added by G.O.Ms.No. 2, Finance (FR.II), Dt.04-01-2006.) - (Further past cases already decided need not be opened)

(b) any other Compensatory Allowances admissible from time to time on the basis of pay of which the Government servant was in receipt on the date of suspension subject to the fulfilment of other conditions laid down for the drawal of such allowances. [G.O.Ms.No. 193, Fin .. Dt. 22-9-1966]

(2) No payment under sub-rule ( 1) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.

Provided that where a penalty of dismissal, removal, or compulsory retirement imposed upon a Government servant is set aside and he is deemed to have been placed or to continue to be under suspension from the date of such dismissal, or removal or compulsory retirement, [under sub-rule (3) or sub-rule ( 4) of Rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, I 991], and he fails to produce such certificate for any period or periods during which he is deemed to be placed or to continue to be under suspension, shall be entitled to the subsistence allowance and other allowances equal to the amount by which his earnings during such period or periods as the case may be fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him;  where the subsistence allowance and other allowances admissible to him, where the subsistence allowance and other allowances admissible to him are equal to or less than the amount earned by him, nothing in this proviso shall apply to him. (G.O.Ms. No. 224, Finance, Dt. 03-07-1964 and Subs. by G.O.Ms.No. 384, Fin. & Pig., Dt. 07-12-94).

RULINGS - Subsistence grant

(I) Arrears of subsistence allowance due to a Government servant should not be withheld, but be paid to him after adjusting the same against the following amounts, if any, due by him to the Government :-

[G.O.Ms. No. 111, Fin., Dt. 15-3-1961 & G.O.Ms. No. 178, Fin., Dt. 8-5-1962]

(i) Income-tax and surcharge (provided to the employee's yearly income calculated with reference to subsistence allowance is taxable);

(ii) House rent and allied charges, i.e., electricity, water, furniture, etc.;

(iii) Re-payment of loans and advances taken from Government at such rates as the Head of the Department deems it right to fix;

(iv) Over payments (having due regard to the circumutances of each case). Recoveries of over payments from the Government servant under suspension should not ordinarily be made at a rate greater than one-third of subsistence allowance; exclusive of dearness allowance, if any, admissible under Rule 53(i).

(v) 

(a) Though the proviso to F.R. 53(i)(ii)(a) does not specifically provide for a second or subsequent review there is no objection to such review(s) being made by the competent authority. Such authority shall be competent to pass orders to increase or decrease the rates of subsistence allowance upto 50% of the subsistence allowance initially granted, according to the circumstances of each case.  A second or subsequent review can be made at any time at the discretion of the competent authority. (G.O.Ms. No. 178, Finance, Dt. 09-06-1969)

(b) It is permissible to reduce the amount of subsistence allowance once increased on the basis of the first review, upto 50% of the amount of subsistence allowance initially granted, if the period of suspension has been prolonged for reasons directly attributable to the Government servant i.e., by his adopting dilatory tactics. Similarly, in a case where the amount of subsistence allowance has been reduced after the first review, the same can be increased upto 50% of the amount initially granted, if the period of suspension has been prolonged for reasons not directly attributable to the Government servant and the Government servant has given up dilatory tactics.

Note 1: Arrears of subsistence allowance to a Government servant should not be adjusted against any amounts due by him to the Government. (G.O.Ms. No. 2002, Fin., Dt. 17-10-1957).

Note 2: If a Government servant under suspension is dismissed or removed from service, arrears of subsistence allowance, if any, due to him upto the date of termination of proceedings should be paid to him. (G.O.Ms. No. 2002, Fin., Dt. 17-10-1957).

(2) Where an individual is due to be discharged from service on account of the expiry of the sanction of the post held by him, or otherwise becomes liable to be retrenched when he is under suspension, the question whether he should be so discharged, or whether to enable disciplinary proceedings being continued, special steps should be taken to provide a post for him should be examined on the merits of each case, and his post extended for an appropriate period. In these circumstances, the vacancy caused by the extension should not, however, be filled.

The authority competent to dismiss or remove the officer concerned from service, may, in such circumstances issue orders extending the term of the post without reference to the higher administrative authorities ordinarily competent to sanction · such extension or to the Finance Department, if delay is anticipated in obtaining sanction, before the expiry of the term of the post under the normal procedure. Otherwise the sanction of the competent authority should be obtained as usual. (G.O.Ms.No:2142, Finance, Dt. 16-05-1960)

EXECUTIVE INSTRUCTIONS

1. Payment of Compensatory Allowance in lieu of residential attender for the period of suspension - treated as duty. (Circular Memo.116/A2/FR.II/91, Fin. & Pig. Dept., Dt. 09-04-1991)

Order:

A point has arisen whether the Compensatory Allowance in lieu of residential attenders can be paid to the employees for the period of suspension which is ultimately regularised and treated as duty under relevant rules of F.Rs.

2. Government after careful consideration of the issue hereby order that Compensatory Allowance in lieu of residential attenders will not be admissible during the periods of suspension which is regularised and treated as duty in tenns of the rules under F.Rs. since perfonning duty during active service is different from that of the periods treated as duty such as Joining Time / Leave / Compulsory wait / fraining etc., without active service, on the analogy of instructions issued in the Circular Memo cited.

*****

2. Payment of Subsistence Allowance during the period of suspension. (Circle Memo. No. 13431-160-AF.R.l//93, Fin. & Pig., Dt. 1-4-1993)

Order:

It has come to the notice of Government that the employees who are kept under suspension beyond 6 months are not receiving subsistence allowance beyond 6 months on the ground that the suspension has to be reviewed by the competent authorities. In this connection, the following instructions are issued for

implementation by all the competent authorities who place a Government servant under suspension in public interest.

2. According to Rule 18 (c) (i) of A.P. Civil Services (CC &A) Rules, 1963, an officer should not be kept under suspension for a period exceeding 6 months nonnally and the disciplinary proceedings should be finalised within that period. The cases of Officers who are placed under suspension should be reviewed by the authorities higher or by the Government themselves every six months, in order to ensure that suspensions are not continued indefinitely without justification.

3. According to F.R 53 (i) (ii) (a), subsistence allowance at an amount equal to the leave salary which the Government Servant would have drawn, if he had been on leave on behalf average pay, or half pay has to be paid, apart from the admissible allowances as per Rules. In tenns of provision thereto, the amount of subsistence allowance can be enhanced or reduced by an amount not exceeding 50% of the subsistence allowance already admissible under the circumstances mentioned at (i)/(ii) under the above provision. Under Fundamental Rules, there is no bar or restriction limiting payment of subsistence allowance upto a period of six months in cases when the period of suspension is to be reviewed. In other words, the subsistence allowance according to F.R 53(i)(ii)(a) and in terms of proviso thereto, depending upon the situation of the case specified in item Nos. (i) and (ii) under the proviso, as the case may be, has to be paid, as long as a person is continued under suspension even if the period is extended by undertaking a review or not.

4. Thus, the subsistence allowance shall not be denied to the suspended employee on any ground unless the suspended employee is unable to furnish a certificate that he is not engaged in any other employment etc., during the period to which the claim relates.

5. According to the instructions, revision of subsistence in terms of proviso to Clause (ii) (a) of Sub-rule (i) of F.R 53 should not be given retrospective effect.

6. It is observed that payment of subsistence allowance is being delayed on the ground that the suspension is being reviewed. In this connection, the attention of the Departments of Secretariat, and the Heads of Departments is invited to the orders issued in G.O.Ms.No. 205, G.A. (Ser.C) Dept., Dt. 17-3-1990. There is no need for withholding the subs{stence allowance pending review as, even if the higher authority decides, that it would no longer be necessary to continue the employee under suspension, the reinstatement will be only with prospective effect.  In view of this, even if a review is pending with a higher authority, which is a nonstatutory review it is not necessary to withhold the payment of subsistence allowance.

*****

3. Payment of Subsistence Allowance during Suspension period - Further instructions. (Circular Memo. No. 29730-A/458/A2/FR.JI/94, Fin. & Pig., Dt. 15-9-1994)

Ref:

Circular Memo.No. 13431/160-A/FR.II/93, Dt. 1-4-1993 of the Fin. & Plg. (FW) Deptt.

Order:

In the Circular Memo. 1st cited detailed instructions were issued for prompt payment of subsistence allowance to the employees who were placed under suspension. The Joint Action Committee of Employees, Teachers and Workers of Andhra Pradesh, however, represented to the High Power Committee of Secretaries to Government that the employees who were placed under suspension were not being paid subsistence allowance and were subjected to much difficulty and harassment. The High Power Committee in their Report submitted to Government made the following observations:

According to the existing instructions, there is no bar or restriction limiting payment of subsistence allowance upto a period of six months.  Subsistence Allowance is to be paid as long as a person is continued under suspension, even if the period is extended. The review envisaged for every six months during the period of suspension is only to ensure that the suspensions are not continued indefinitely without justification. There is, therefore, no need for withholding the subsistence allowance pending review.

The High Power Committee also recommended that instructions already issued by the Finance Department in Circular Memo. 1st cited may be reiterated and that disciplinary action may be taken against the officials who fail to comply with these instructions.

All the Departments of Secretariat and the Heads of Department are therefore requested to follow the instructions issued in the Circular Memo first cited scrupulously and ensure prompt payment of subsistence allowance to the employees who are placed under suspension. They are also informed that any failure to comply with these instructions will attract disciplinary action against the officers concerned.

All the Departments of Secretariat and the Heads of Departments are also , requested to bring these instructions to the notice of all the concerned under their administrative control for strict compliance.

*****

4. Certificate to be submitted by the suspended official under F.R. 53(2). (G.O.Ms.No. 82, G.A.D., Dt. 1-3-1996)

Order:

Under F.R. 53(2), the suspended official shall submit to the competent authority, a certificate that he/she is not engaged in any other employment, business, profession or vacation. The format of certificate to be submitted shall be in the format as shown in Form I annexed to this Order.

FORM - I

STANDARD FORM OF CERTIFICATE TO BE FURNISHED BY THE SUSPENDED OFFICIAL UNDER F.R. 53(2)

I .............................. (name of Government servant) having been placed under suspension by Order No . ........... Dt... ........ while holding the post of ...................... do hereby certify that I have not been employed in any business.

Name of the Government servant:                                                                                 Signature

Address:

*****

5. Payment of Interim Relief to those who are under suspension. (Memo.No.44113/541/PC.III/98-1, Fin. & Plg. (FW.PC.I) Dept., Dt. 11-11-1998)

        Ref: 

                1. G.O.(P)No. 117, Fin. & Pig. (FW.PC.I) Dept., Dt. 3-7-98.

                2. From the CAO, o/o the DG & IGP, Lr. No. Pl/90/97, Dt. 28-10-98.

Order:

In the G.O. first cited, orders were issued sanctioning an Interim Relief of 11 % to the State Government employees ftom 1-6-98, pending Revision of Pay Scales. In the reference 2nd cited, a clarification has been sought for regarding admissibility of Interim Relief to those who are under suspension.

The issue has been examined. Interim Relief cannot be treated neither as pay or wage or as an allowance. Hence, it is hereby clarified that Interim Relief is not admissible during the period of suspension.

6. Payment of subsistence allowance - Further Instr uctions. (Memo. No. 39071/47 JIA2/FR.II/99, F & P (FW.FR-1/) Dept., Dt. 28-02-2000)

        Ref.:

                1. Memo. No. 13431-160/A/F.R.Il/93, Dt. 1-4-93.

                2. Memo. No. 29730-A/458/A2/Fr.Il/94, Dt. 15-9-94.

Order:

In the Circular Memos. 1st and Ilnd cited, detailed instructions were issued for prompt payment of subsistence allowance to the employees who were under suspension.

2. The Supreme Court of India in a case of the State of Maharashtra Vs. Chandrabhan, 1983(2) SLR 493, while allowing the writ petition, dismissed the Civil Appeal has clarified that on payment of subsistence allowance during the period of suspension when the Government Servant is lodged in prison on conviction by trial Court. The observations of the Supreme Court is as follows :-

"If the Civil Servant under suspension pending departmental enquiry on a criminal trial started against him, is entitled to subsistence allowance at the normal rate which is a bare minimum required for the maintenance of the Civil Servant and his family, he should undoubtedly get it even pending his appeal filed against his conviction by the trial Court, and his right to get the normal subsistence allowance pending consideration of his appeal against his conviction should not depend uponthe chance of his being released on bail and not being lodged in prison on conviction by the trial Court. Whether he is lodged in prison or released on bail on his conviction pending consideration of his appeal, his family requires the bare minimum by way of subsistence allowance."

3. Keeping in view, the above judgement of the Apex Court, Government hereby order that a Government servant under suspension whether he is lodged in prison or released on bail on his conviction pending consideration of his appeal, be paid subsistence allowance.

F.R. 54.

(1) When a Government servant who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation [while under suspension or not] the authority competent to order reinstatement shall consider and make a specific order - (Added vide G.O.Ms.No.384, Fin. & Pig. (FW-FR-I) Dept., Dt.07-12-94)

(a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; (Subs. by G.O.Ms.No. 384, Fin. & Pig. (FW : FR-I) Dept., Dt. 7-12-94) and 

(b) whether or not the said period shall be treated as a period spent on duty.

(2) Where the authority competent to order reinstatement is of opinion that the Government servant who had been dismifsed, removed or compulsorily retired has been fully exonerated, the Government servant shall, subject to the provisions of sub-rule (6), be paid the full 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 or compulsory retirement, as the case may be;

Provided that where such authority is of opinion that termination of the proceedings instituted against the Government servant has been delayed due to reasons directly attributable to the Government servant, it may after giving him an opportunity to make his representation (within sixty days from the date on which the communication in this regard is served on him - Inserted by G.O.Ms.No. 384, Fin. & Pig. (FW : FR-II) Dept., Dt. 07-12-1994) and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing that the Government servant shall, subject to the provisions of sub-rule (7), be paid for the period of such delay, (only such amount (not being the whole) of such pay and allowances  - Substituted by G.O.Ms.No. 384, Fin. & Pig. (FW: FR-II) Dept., Dt. 7-12-1994) as it may determine.

(3) In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period spent on duty for all purposes.

[(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 I already paid under FR 53, for the entire period during which the Government servant was not on duty.  - Subs. by G.O. Ms. No. 30, Finance (FR-II) Dept., Dt. 15-02-2007]

(5) In a case falling under sub-rule (4), 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, [ x x x ] : [Omitted by G.O.Ms.No. 3, Fin., Dept., Dt. 4-1-2006]

Provided that if the Government servant so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be shall be converted into leave of any kind due and admissible to the Government servant.

Note :-The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of-

(a) extraordinary leave in excess of three months in case of non-permanent Government servant: and

(b) leave of any kind in excess of five years in the case of permanent or nonpermanent Government servant.

[(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]. (G.O.Ms.No. 307, Fin. (FR-II) Dept., Dt.03-12-2012]

(6) The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which, such allowances are admissible.

(7) [The amount] determined under the proviso to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under Rule 53. (G.O.Ms.No. 384, Fin. & Pig. (FW : FR-II) Dept., Dt. 07-12-1994)

(8) Any payment made under this rule to a Government servant on his reinstatement shall be subject to adjustment of the amount, if any, earned, by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the Government servant.

Instructions under Rule 54

1. A Government servant who has been committed to prison either for debt or on criminal charges should be considered as under suspension from the date of his arrest and therefore entitled only to subsistence grant under Rule 53 until the termination of the proceedings against him, when ifhe is not dismissed, an adjustment of his pay and allowances should be made according to the conditions and terms prescribed in Rule 54, the full amount being given only in the event of a Government servant being considered to be acquitted of blame, or (if the imprisonment was for debt) of its being proved that the Government servant's liability arose from circumstances beyond his control.

2. The amount of subsistence grant, already drawn, should be adjusted against the pay and allowances or a proportion of them or leave salary which may be granted under Rule 54 and the excess, if any recovered.

3. The grant of pay and allowances or a proportion of them under Rule 54 does not cancel any officiating arrangements that may have been in force while the Government servant was under suspension or dismissal.

4. In deciding whether any pay and allowances should be granted under Rule 54 to a Government servant in temporary employ, the period for which the temporary post has been sanctioned should be taken into consideration.

5. A permanent post vacated by the dismissal, removal or compulsory retirement of a Government servant should not be filled substantively until the expiry of the period of one year from the date of such dismissal, removal or compulsory retirement, as the case may be. Where, on the expiry of the period of one year, the permanent post is filled and the original incumbent of the posts is reinstated thereafter, he should be accommodated against any post which may be substantively vacant in the grade to which his previous substantive post belonged.  If there is no such vacant post, he should be accommodated against a supernumerary post which should be created in this grade with proper sanction and with the stipulation that it would be terminated on the occurrence of the first substantive vacancy in that grade. (G.O.Ms.No. 110, Finance, Dt. 14-3-1961)

RULINGS

(1) An appellate authority may convert a period spent under suspension into one of leave, if the leave is admissible.

(2) The word 'proceed!ngs' occurring in Instruction 1 under Rule 54 has reference only to departmental proceedings and not to the proceedings of a Court of Law.

(3) 

(a) Before inserting the proviso under clause (5) of Rule 54, the position was the period spent under suspension, removal/dismissal could be treated as leave by the competent authority irrespective of the wishes of the Government servant in the matter. It was felt that conversion of the period into one of leave unilaterally by the competent authority on its own motion might result in the Government servant being in reality penalised monetarily or in the matter of leave at his credit. It was, therefore, decided that the period of absence in such cases should not be converted into leave unless the Government servant concerned desired that the period should be treated as leave.

Under Rule 54, it is necessary for a competent authority only to specify whether a period of absence from duty caused by dismissal, removal or suspension followed by reinstatement should be treated as 'duty' or 'not duty'. If a Government servant requests that such a period of absence should be converted into leave the competent authority may accede to such request if he thinks fit and modify the order already passed under Clauses (1), (3) and (5) of Rule 54. It is however, open to the reinstating authority to refuse the request of the Government servant. (G.O.Ms.No. 2119. Finance, Dt. 14-11-1959)

(b) If a Government servant under suspension dies before the conclusion of disciplinary or Court proceedings against him, the period of suspension of the Government servant concerned should be regularised as if the Government servant was never placed under suspension. In view of definition of pay and special pay under Rule 9(21) and 9 (25), special pay attached to the post would also be admissible in addition to full pay and allowances for the period of suspension.

EXECUTIVE INSTRUCTION

Government Servant dies while under Suspension (G.O.Ms.No:275, Fin. and Pig. (Fin. Wing FR.I). Dt. 08-08-1977)

Order:

The declaration that the suspension of a Government servant is wholly unjustified and the fact that the Government servant under suspension dies before the conclusion of disciplinary or Court proceedings against him warrant that the period of suspension of the Government servant concerned should be regularised as if he were never placed under suspension. In view of definitions of 'Pay' and 'Special Pay' under Fundamental Rule 9(21) and Fundamental Rule 9(25), 'Special Pay' attached to the post would also be admissible in addition to full pay and allowances for the period of suspension. The procedure is being followed by the Government of India.  After careful consideration, the State Government have decided to adopt the above procedure of the Government of India, with immediate effect.

F.R. 54-A

(1) Where the dismissal, removal or compulsory retirement of a Government servant is set aside by a Court of law and such Government servant is reinstated without holding any further inquiry, the period of absence from duty shall be regularised and the Government servant shall be paid pay and allowances in accordance with the provisions of subrule (2) or (3) subject to the directions, if any, of the Court. (G.O.Ms.No. 481, Finance, Dt. 22-12-1971)

(2) [(i) Where the dismissal, removal or compulsory retirement of a Government servant is set aside by the court solely on the ground of noncompliance 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.] [Subs. by G.O. Ms. No. 30, Finance (FR-11) Dept., Dt. 15-02-2007]

(ii) The period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of judgment of the Court shall be regularised in accordance with the provisions contained in sub-rule (5) of Rule 54.

(3) If the dismissal, removal or compulsory retirement of a Government servant is set aside by the Court on the merits of the case, theperiod intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be. [Provided that back wages to a suspended/dismissed employee can not be paid as a matter of course in cases where the employee has been acquitted by the courts on benefit of dpubt]. [Added by G.0.Ms.No. 2, Finance, (FR.II), Dt.04-01-2006. Further past cases already decided need not be opened]

(4) The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible.

(5) Any payment made under this rule to a Government servant on his reinstatement shall be subject to adjustment of the amount if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of reinstatement.  Where the emoluments admissible under this rule are equal to or less than thos·e earned during the employment elsewhere, nothing shall be paid to the Government servant.

F.R. 54-B.

(1) When a Government servant who has been suspended is reinstated or would have been so reinstated but for his retirement [xxxxxxx] while under suspension; the authority competent to order reinstatement shall consider and make a specific order- [Omitted by G.O.Ms.No. 384, Fin. & Pig. Dept., Dt. 7-12-1994]

(a) regarding the pay and allowances to be paid to the Government servant for the period of suspension ending with reinstatement or the date of his retirement on superannuation, as the case may be; and (b) whether or not the said period shall be treated as a period spent on duty.

(2) Notwithstanding anything contained in Rule 53, where a Government servant under suspension dies before the disciplinary or Court proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid.

(3) Where the authority competent to order reinstatement is of the opinion that the suspension was wholly unjustified, the Government servant shall subject to the provisions of sub-rule (8), be paid the full pay and allowances to which he would have been entitled, had he not been suspended:

Provided that where such authority is of the opinion that the termination of the proceedings instituted against the Government servant had been delayed due to reasons directly attributable to the Government servant, it may after giving him an opportunity to make his representation [within sixty days from the date on which communication to this regard is served on him] and after considering the representation, if any submitted by him, direct for reasons to be recorded in writing, that the Government servant shall be paid for the period of such delay [only such amount (not being the whole) of such pay and allowances as it may determine].  [G.O.Ms.No. 384, Fin. & Pig. (FW : FR-II) Dept., Dt. 7-12-1994]

[Note :-For the purposes of sub-rule (2) and (3) above full pay includes special pay attached to the post which the Government servant was holding immediately before the suspension] [G.O.Ms. No. 267, Fin. & Pig., Dt. 17-10-1978]

(4) In a case falling under sub-rule (3) the period of suspension shall be treated as a period spent on duly for all purposes.

[(5) In cases other than those falling under sub-rules (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]. [Subs. by G.O. Ms. No. 30, Finance (FR-II) Dept., Dt. 15-02-2007]

(6) Where suspension is revoked pending finalisation of the disciplinary or Court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings against the Government servant, shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-rule (1 ), who shall make an order according to the provisions of sub-rule (3) or sub-rule (5) as the case may be.

(7) In a case falling under sub-rule (5) the period of suspension shall not be treated as a period spent on duty, [ x x x ] [Omitted by G.O.Ms.No. 3, Fin., Dept., Dt. 4-1-2006]

Provided that if the Government servant so desires, such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the Government servant.

Note :-The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of-

(a) extraordinary leave in excess of three months in case of non-permanent Government servant ; and

(b) leaw of any kind in excess of five years in the case of permanent or nonpermanent Government servant.

[(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]. [G.O.Ms.No. 307, Fin. (FR-II) Dept.. Dt. 3-1 2-2012)

(8) The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall be subject to all other conditions under which such allowances are admissible.

(9) [The amount] of the full pay and allowances determined under the proviso to sub-rule (3) or under sub-rule (5) shall not be less than the substantive allowance and other allowances admissible under Rule 53. [G.O.Ms.No. 384, Fin. & Pig. (FW: FR-11) Dept., Dt. 7-12-1994]

EXECUTIVE INSTRUCTION

Payment of consequential benefits i.e. back wages for period of suspension in the case of acquittal in Court cases - Certain clarificatory instructions based on Judgment of the Supreme Court of India - Issued.  (Cir. Memo. No. 32419/838/FR-Il/2003, Fin.(FR-II) Department, Dt.19-06-2004)

Order:

According to Instruction I under FR 54 a Government Servant, who has been committed to prison either for debt or on criminal charges should be considered as under suspension from the date of his arrest and therefore entitled only to subsistence allowance under Rule 53 until the termination of the proceedings against him, when, if he is not dismissed, an adjustment of his pay and allowances should be made according to the conditions and terms prescribed in Rule 54, the full amount being given only in the event of Government servant being considered to the acquitted of blame, or (if the imprisonment was for debt) of its being proved that the Government servants' liability arose from circumstances beyond his control.

2. FR 54-A(l) also lays down that where the dismissal, removal or compulsory retirement of a Government servant is set aside by a court of law and such Government servant is reinstated without holding any further inquiry, the periodof absence from duty shall be regularised and the Government servant shall be paid, pay and allowances in accordance with the provisions of sub-rule (2) or (3) subject to the direction, if any, of the Court.

(2) (i) Where the dismissal, removal or compulsory retirement of a Government servant is set aside by the court, solely on the ground of noncompliance with the requirements of [clause (1) or clause (2) of Article 311 of the Constitution], and where he is not exonerated on merits, the Government servant shall, subject to the provisions of sub-rule (7) of Rule 54, be paid [ such amount (not being the 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 or compulsory retirement, as the case may be, as the competent authority may detern1ine, after giving notice to the Government servant of the quantum proposed and after considering the representation, if any, submitted by him, in that connection within such period [which in no case shall exceed sixty days from the date on which the notice has been served] as may be specified in the notice.

3. The Hon'ble Supreme Court of India in Civil Appeal No.1868 of 1977 reported in AIR in case of Krishna Kanth Raghunath Bibharvnekar vs. State of Maharashtra & others held that "Acquittal does not automatically entitle one to get the consequential benefits." The operative portion of the Judgment is as follows:-

"Ranjit Kumar, learned Counsel for the appellant, contends that under Rule of the Maharashtra Civil Services (Joining Time, Foreign Services, and Payment during Suspension, Dismissal and Removal) Rules, 1991 (for short, the 'Rules'), the Rules cannot be applied to the appellant nor would the respondents be justified in treating the period of suspension of appellant, as the period of suspension, as not being warranted under the Rules. We find no force in the contention. It is true that when a Government servant is acquitted of offences, he would be entitled to reinstatement.

But the question is: whether he would be entitled to all consequential benefits including the pensionary benefits treating the suspension period as duty period, as contended by Shri Ranjit Kumar? The object of sanction of law behind prosecution is to put an end to crime against the society and laws thereby intends to restore social order and stability. The purpose of prosecution of a public servant is to maintain discipline in service, integrity, honesty and truthful conduct in performance of public duty or for modulation of his conduct to further the efficiency in public service. The Constitution has given full faith and credit to public acts. Conduct of Public servant has to be an open book; corrupt would be known to everyone. The reputation would gain notoriety. Though legal evidence may be insufficient to bring home the guilt beyond doubt or fool-proof. The act of reinstatment sends ripples among the people in the office / locality and sows wrong signals for degeneration of morality, integrity and rightful conduct and efficient performance of public duty. The constitutional animation of public faith and credit given to public acts, would be undermined. Every Act or the conduct of a public servant should be to effectuate the public purpose and constitutional objective public servant renders himself accountable to the public. The very cause for suspension of the petitioner and taking punitive action against him was his conduct that led to the prosecution of him for the offences under the Indian Penal Code. If the conduct alleged is the foundation for prosecution, though it may end in acquittal on appreciation lack of sufficient evidence, the question emerges: whether the Government servants prosecuted for commission of defalcation of public funds and fabrication of the records though culminated into acquittal, is entitled to the reinstated with consequential benefits? In our considered view, this grant of consequential benefits with all back-wages etc. cannot be as a matter of course. Wethink that it would be deleterious to the maintenance of discipline if a person suspended on valid considerations is given full back wages as a matter of course, on his acquittal. Two courses are open to the disciplinary authority, viz, it may enquire into misconduct unless, the self-same conduct was subject of charge and on trial acquittal was accorded on a positive finding that the accused did not commit the offence at all; but acquittal is not on benefits of doubt given. Appropriate action may be taken thereon. Even otherwise, the authority may, on reinstatment after following the principles of natural justice, pass appropriate order including treating suspension period as period of not on duty ( and on payment of subsistence allowance etc.) Rules 72(3), 72(5) and 72(7) of the Rules give a discretion to the disciplinary authority.  Rule 72 also applies, as the action was taken after the acquittal by which date rule was in force. Therefore, when the suspension period was treated to be a suspension pending the trial and even after acquittal, he was reinstated into service, he would not be entitled to the consequential benefits. As a consequence he would not be entitled to the benefits of nine increments as stated in para 6 of the additional affidavit. He is also not entitled to be treated as on duty from the date of suspension to the date of the acquittal for purpose of computation of pensionary benefits. The applicant is also not entitled to any other consequential benefits as enumerated in paragraphs 5 and 6 of the additional affidavit: Under these circumstances, we do not think that the Tribunal has committed any error: The appeal is accordingly dismissed but, in the circumstances of this case no costs."

4. When an employee was suspended from service on being arrested for criminal offence and subsequently acquitted, the Supreme Court in Management of Reserve Bank of India vs. Bhopal Sing Panchal (AIR 1994 SC 552) held that, "the employee does not automatically become entitled to full pay and allowances for suspension period. The court observed that during this period the employee renders no work. He is absent for reasons of his own involvement in the misconduct and the bank is in no way responsible for keeping him away from his duties. The Bank therefore, cannot be saddled with the liability to pay him his salary and allowances for the period. That will be against the principle of "no work, no pay" and positively inequitable to those who have to work and earn their pay."

5. In another case of K. Ponnamma (Smt) vs. State of Kera/a and Others, SLP (C) No. 4885 of 1997 (From the Judgment and Order dated 7.11.1996 of the Kerala High Court in W.A.No. 850 of 1996), decided on March 17, 1997, and delivered the following judgment:

"A reading of R.56 and 57 would clearly indicate that where an officer has been kept under suspension, on account of the pendency of the charges/detention for 48 hours and continued to remain under suspension pending the trial of the criminal charges, statutorily he/she is disabled to perform the duties of the post. On reinstatement under R. 56, the competent authority shall have a duty to consider whether, on reinstatement, the suspended officer would be entitled to the payment of full pay, etc. for the period of his suspension. The mandate of R. 56 is that the competent authority should consider the case in accordance with the rules and pass the order. The nature of the order is discretionary depending upon the facts in the case. It is seen that on account of the involvement of the petitioner in a criminal charge by statutory operation, she was under suspension till she was acquitted. On acquittal, the departmental enquiry was conducted as to the nature of the order to be made under R. 56 Accordingly, the authority, in its discretion, found that the payment of the salary during the period of suspension except suspension allowance already paid, could not be granted. It being in accordance with the rules, the High Court has committed no error warranting interference."

6. In Ranchhodji Chaturji Thakore vs. Superintendent of Engineer, Gujarat Electricity Board (Special Leave Petition No. 22538 of 1996) Supreme Court of India, 1997 (2) SLJ 38, delivered the following judgment:

"This case does not warrant interference for the reason that, admittedly, the petitioner was charged for an offence under Section 302 read with Section 34 IPC for his involvement in a crime committed on 1-10-1986. The Sessions Judge had convicted the petitioner under Section 302 read with Section 34 IPC and sentenced him to undergo imprisonment for life. On that basis, the respondents had taken action to have him dismissed from services since he was working as a Junior Clerk in the respondent-Electricity Board. The petitioner challenged the validity of the dismissal order by way of a special civil application field under Article 226 of the Constitution.

Pending disposal, the Division Bench of the High Court by its judgment dated 14-10-1992 acquitted him of the offence. Consequently, while disposing of the writ petition, the learned Single Judge directed the respondent to reinstate him into the service with continuity of the service, but denied back wages. The petitioner then filed Letters Patent Appeal No 319 of 1993 which was dismissed by the impugned order dated 26-08-1993. Thus, this special leave petition.

The reinstatment of the petitioner into the service has already been ordered by the High Court. The only questidn is whether he is entitled to back wages. It was his conduct of involving himself in the crime that was taken into account for his not being in service of the respondent. Consequent upon his acquittal, he is entitled to reinstatement for the reason to at his service as terminated on the basis of the

conviction by operation of prov so to the statutory rules applicable to the situation.

The question of back wages would be considered only if the respondents have taken action by way of disciplinary proceedings and the action was found to be unsustainable in law and he was become relevant. Each case requires to be considered in his own backdrop. In this case, since the petitioner had involved himself from rendering the service on account of conviction and incarceration in jail. Under these circumstances, the petitioner is not entitled to payment of back wages. The learned Single Judge and the Division Bench have not committed any error of law warranting interference."

7. In Union of India vs. Jaipal Singh in Civil Appeal No.8565 of 2003 @ Spl. Leave petn. (C) No. 24017 of 2002), dated November 3, 2003 held that:

The above appeal has beeJ filed against the order of the Division Bench of the High Court of Punjab and Ha􀂈ana at Chandigarh dated 30-10-2001 in CWP No.12929 of 1999 whereunder the Division Bench has allowed the writ petition filed bythe respondents with full back wages and consequently benefits. The respondent was involved in a criminal case and he was charge-sheeted for an offence under Section 302 read with Section 34 of the IPC along with his brother and though he was convicted by the learned Addi · onal Sessions Judge, Rewari for the same by a judgment dated 5-3-1997, on rther appeal, before the High Court, the Division Bench of the High Court returned a verdict of acquittal. As a consequence thereof, since, he was not reinstated in spite of the order of acquittal, he moved the High Court and obtained orders, as noticed supra. Aggrieved, the appellants have come before this Court.

Heard Mr. Raju Ramachanhran, learned Additional Solicitor General appearing for the appellants, who placed strong reliance upon the decision of this court in 1996 (11) SCC 603 (1997 AIR SCW 1128 : AIR 1997 SC 1802). Ranchhodiji Chaturji

Thakore vs. Superintendent Engineer, Gujarat Electricity Board, Himmatnagar (Gujarat) and Anr; wherein this Court in a case identical to the facts of the present case, has chosen to order only reinstatement but denied back-wages on the ground that the department was in no way concerned with the criminal case and, therefore, cannot be saddled with liability also for back wages for the period when he was out of service during/ after conviction suffered by the respondent. In the criminal case, Per contra, Mr.Ranbir Singh Yadav, learned counsel for the respondent sought to place reliance upon on order of this Court dismissing the special leave petition filed summarily against the judgement of the very case High Court, dated 19-07-2001 in CWP No.10201 of 2000. Learned counsel for the respondent, by inviting our attention to the judgement of the High Court in that case contended that on facts the case on hand was also similar to the case considered therein but this Court dismissed the special leave petition when the relief granted for reinstatement and back wages was contested by the authorities before this Court.

On a careful consideration of the matter and the materials on record, including the judgement and orders brought to our notice, we are of the view that it is well accepted that on order rejecting a special leave petition at the threshold without detailed reasons therefor does not constitute any declaration of law by this Court or constitute a binding precedent. Per Contra, the decision relied upon for the appellant is one on merits and for reasons specifically recorded therefor and operates as a binding precedent as well. On going through the same, we are in respectful agreement with the view taken in 1996(1) sec 603 (supra) (1997 AIR sew 1128; AIR 1997 SC 1802). If prosecution, which ultimately resulted in acquittal of the person concerned was at the behest or by department itself, perhaps different considerations may arise. On the other hand, if a citizen the employee or a public servant got involved in a criminal case and if after initial conviction by the trial Court, he gets acquittal on appeal subsequently, the department cannot in any manner be found fault with for having kept him out of service, since the law obliges, a person convicted of an offence to be so kept out and not to be retained in service. Consequently, the reasons given in the decision relied upon, for the appellants are not only convincing but are in consonance with reasonableness as well. Though exception taken to that part of the order directing reinstatement cannot be sustained and the respondent has to be reinstated, in service, for the reason that the earlier discharge was on account of those criminal proceedings and conviction only, the appellants are well within their rights to deny back wages to the respondent for the period he was not in service. The appellants cannot be made liable to pay for the period for which they could not avail of the services of the respondent. The High Court in our view, committed a grave error, in allowing back wages also, without adverting to all such relevant aspects and considerations. Consequently, the order of the High Court in so far as it directed payment of back wages are liable to be and is hereby set aside.  

The respondent will be entitled to back wages from the date of acquittal and except for the purpose of denying the respondent actual payment of back wages, that period also will be counted as period of service, without any break. The reinstatement, if not already done, in terms of the order of the High Court will be done within thirty days from today. 

The appeal is allowed and disposed of on the above terms.

8. All the Department of Secretariat and all HODs/PSU's/Universities etc., may keep in view the above observation of Supreme Court of India while deciding the issue and communicate all subordinates concerned.

F.R. 55. 

Leave may not be granted to a Government servant under suspension.

CHAPTER - IX: Retirement

F.R. 56. 

This Rule has been replaced by "The Andhra Pradesh Public Employement (Regulation of Ae of Superannuation) Act, 1984, (Act No.23 of 1984)". See the Act in Appendix 'A'.

F.R. 57. 

Ccncelled

PART - 04

CHAPTER - X: Leave

F.R. 58. 

Not relevant

RULINGS
The leave salary of menials paid from contingencies whose services have been declared pensionable, should be regulated in accordance with the note under F.R. 87.

F.R. 59. 

Not relevant

F.R. 60. 

Leave is earned by duty only. For the purpose of this rule a period spent in foreign service counts as duty if contribution towards leave salary is paid on account of such period. (To be revised).

F.R. 61 - Omitted.

(Omitted vide G.O. Ms. No. 12, Fin., Dt. 16-1-1965).

F.R. 62 - Omitted. 

(Omitted vide G.O. Ms. No. 12, Fin., Dt. 16-1-1965).

F.R. 63 - Omitted.

(Omitted vide G.O. Ms. No. 12, Fin., Dt. 16-1-1965).

F.R. 64 - Omitted.

(Omitted. Since High Court Judges Act, 1954 deals with the Conditions of Service of High Court Judges.).

F.R. 65

(a) If a Government servant, who quits the public service on compensation or invalid pension or gratuity, is re-employed and if his gratuity is thereupon refunded or his pension held wholly in abeyance, his past service thereby becoming pensionable on ultimate retirement, he may,at the discretion of the authority sanctioning the re-employment and to such extent as the authority may decide, count his former service towards leave.

(b) A Government servant who is dismissed or removed from the public service, but is reinstated on appeal or revision, is entitled to count his former service for leave. (To be deleted)

RULINGS

(1) - omitted as is not relevant.

(2) - omitted as is not relevant.

Leave to officers whose posts are to be abolished

(3) A Government servant who holds no lien on any other post except that which it is proposed to abolish, may be granted leave upto the amount which was admissible to him immediately before the abolition of his post, but in that case the orders abolishing the post should state explicitly that the post is abolished form the date on which the leave so granted terminates. [Letter No. 64 l-A-194/22, Dt. 13-09-1922]

Exception: In the case of employees retrenched owing to reduction of staff as a measure of economy, when absorbed on an identical post or lower one, the preretrenchment service may not count for the purpose of leave, that is such persons may not be allowed to carry over to their account any leave to their credit under the leave rules by which they were governed at the time of their retrenchment.

The carry forward of leave is however permissible to such of the Government employees: (1) Who have received the orders of appointment to the new post while in the old post or while on terminal leave, and join the new post availing the joining time only.

(2) Who have received the orders of appointment soon after discharge from the old post and have joined the post without delay, provided the period of break has been converted into joining time without pay by the Head of Department, in joining the new post which does not exceed 30 days and that the Government servant has rendered not less than three years continuous service on the date of discharge.

In cases where the period of break in service exceeds 30 days the question of condoning the break for purposes of carry forward of leave may be examined with reference to the orders issued on the subject from time to time in consultation with the Finance Department. [G.O.Ms.No. 219, Finance, Dt. 14-0-1972]

Leave to Government servants whose substantive posts are abolished and who hold temporary or officiating posts

(4) In the case of Government servants, who are under the administrative control of the State Government and are thrown out of permanent posts but continue to hold temporary posts or to officiate in other posts without a break, the leave earned by them while holding the permanent post will not lapse and can be carried forward under Subsidiary Rule 3 to Rule 103 and Rule 65(a). They are not, however,

eligible for the concessions admissible under Rule 81.

(5) Resignation of the public service, even though it is followed immediately by re-employment, should entail forfeiture of past service for the purpose of leaveunder the Fundamental Rules and should, therefore, constitute an "interruption of duty".

F.R. 66

The State Government may make rules specifying the authorities by whom leave other than special disability leave under Rule 83, may be granted.

Subsidiary Rule under Rule 66

The authorities specified in column (1) of the table below are empowered to grant leave other than special disability leave to the Government servants specified in the corresponding entry in column (2) thereof to the extent specified in the corresponding entry in column (3) of the said table:

--- Table ---

F.R. 67

Leave cannot be claimed as of right. When the exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.

Note:-The workers in the Government Press, who came within the purview of Chapter IV-A of the Factories Act, 1934, and who have completed a period of 10months continuous service within the meaning of the Explanation of Section 49-8 of the said Act, shall be allowed leave to the extent provided in Section 49-8 (I) of that Act.

RULING

Powers of competent authority to decide nature of leave A Government servant cannot be compelled against his wishes to take leave on half average pay when leave on full average pay is admissible to him. These orders must not be interpreted as interfering with the discretion entrusted to an authority competent to grant leave to determine whether leave should or should not be granted. [C.A.G.'s letter No. 588-A-72/73, Dt. 26/30-4-1923 and No.153-A 70/32, Dt. 6-7-1932]

F.R. 68

Leave ordinarily begins on the day on which transfer or change is effected and ends on the day preceding the day on which charge is resumed. The State Government may, however, make rules defining the circumstances in, and the conditions on which Sundays or other recognised holidays may be prefixed or affixed to leave. [G.O.Ms.No. 361, Fin., Dt. 2-11-1964 & G.O.Ms.No. 158, Fin., Dt. 26-5-1969]

Subsidiary Rules under Rule 68
1. When the day immediately preceding the day on which a Government servant's leave begins or immediately following the day on which his leave expires is a holiday or one of a series of holidays, the Government servant may leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays provided that:-

(a) his transfer or assumption of charge does not involve the handing or taking over of securities or of moneys other than a permanent advance;

(b) his early departure does not entail a correspondingly early transfer from another station of a Government servant to perform his duties; and

(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

2. On condition that the departing Government servant remain responsible for the moneys in his charge, the head of the department concerned may declare that proviso (a) under Rule 1 is not applicable to any particular case.

3. Unless the authority sanctioning the leave on transfer in any case otherwise directs-

(a) if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the first day after the holidays, and

(b) if holidays are affixed to leave, the leave or joining time is treated as having terminated on, and any consequent re-arrangement of pay and allowancestakes effect from the day on which the leave would have ended if holidays had not been affixed.

Explanation 1:- In deciding whether the absence of a Government servant during holidays involves the transfer of a Government servant .from another station for the purpose of this rule, account should be taken only of the substitute who takes the place of the Government servant, not of all the Government servants in the chain of arrangements arising from one Government servant's absence on leave.

Explanation 2:-The term "holiday" used in Rules 1 and 3 above should be held to mean-

(a) a holiday prescribed or notified by or under Section 25 of the Negotiable Instruments Act, 1881 or restricted (i.e., optional holiday), and [G.O.Ms.No. 478, Fin., Dt. 07-12-1969]

(b) with reference to any particular public office, a day on which such office is ordered, by notification of Government in the Gazette, to be closed for the transaction of public business without reserve or qualification.

The term does not include a vacation except in the case of District and Sessions Judges and Additional Sessions Judges nor such local holidays as may be granted at the discretion of heads of offices nor holidays which are merely permissible or discretionary.

Note: When a Government servant is certified medically fit for joining duty, holiday(s), if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any preceding the day he is so certified shall be treated as part of the leave. When the certificate is of a date intervening the holidays, the entire period of holidays may be treated as part of leave. (G.O.Ms.No.319, Fin. & Pig., Dt.18-12-1981]

4. In the case of District and Sessions Judges, and Additional District and Sessions Judges, the term "holidays" includes vacation subject to the condition that the period of the vacation is treated as leave for purposes of-

(a) the maximum amount of leave on average pay admissible at any one time under Rule 81 (b) except when leave on average pay does not exceed four months and is not combined with any other leave;

(b) the maximum period of absence from duty under Rule 81 ( d), and

(c) the first four months of leave on average pay under Rule 89.

Note :-The restrictions in clauses (a) to (c) apply to all cases where vacation is prefixed to leave, even though the officer may not cease to discharge the duties of the post till after the vacation.

5. The following procedure is prescribed when vacation or gazetted holidays are permitted to be prefixed or affixed to leave

(i) When they are prefixed to leave, the Government servant proceeding on leave will report before leaving the station, or if for urgent reason the leave is granted during vacation or gazetted holidays, as soon as it is granted that he will cease to discharge the duties of his post with effect from the end of vacation or holidays. The relieving Government servant will then assume the duties of the post at the end of the vacation or holidays in the ordinary course.

(ii) When a vacation or holidays are affixed to leave, the officiating Government servant will be relieved in the ordinary way before the vacation or holidays, and the officer on leave will return at the end of the vacation or holidays but will be regarded as having assumed the duties of the post with effect from the commencement of the vacation or holidays.

(iii) Except in cases covered by (i) and (ii) above, instruction under Rule 17, which requires transfer of charge certificates to be signed by both the relieved and relieving officers on the day on which charge is transferred should be strictly followed.

RULINGS

Interpretation of Rule 68

(1) The joining time of a Government servant who returns from leave out of India and disembarks not at the first port of call in India, but at another such port, should be reckoned from the date of arrival of vessel at the second or subsequent port at which he actually disembarks whether the sea journey from the first port of call in India to the subsequent port of disembarkation is made in the same steamer which takes him to the first port of call or in some other steamer.

[(2) The second sentence of Rule 68 will not be applicable in the case of officers returning from leave out of India exceeding four months. The joining time, whenever admissible, should be regulated under Rule 105(b)(i)] [C.A.G's. Letter No. 92-A/34-39, Dt. 13-02-1939]

Treatment of holidays prefixed to vacation and leave

(3) Holidays preceding vacation which is prefixed to leave should be excluded from calculation for purposes of reckoning-

(a) the maximum amount of leave on average pay admissible at any one time; and

(b) the period during which the maximum of average pay does not apply;

Holidays intervening between vacation and leave should however be treated as part of the vacation for all purposes. But where holidays intervene between two spells of leave, whether such holidays are in combination with vacation or not, they should be treated as leave. Under Subsidiary Rule 4 under Rule 68, a vacation be interposed between two periods of leave and when a vacation falls between two periods of leave, it should be treated as leave.

(4) Saturdays excepting the Second Saturdays of a month shall not be treated as gazetted holiday for the staff employed in educational institutions.

(5) Local holidays notified in the district gazettes cannot be permitted to be prefixed to leave as such notification cannot be regarded as 'notification by Government' in the Gazette contemplated in the explanation 2 to Subsidiary Rule 2 under Rule 68. [Accountant-General's Orders, Dt:13-09-1940]

(6) In the case of District and Sessions Judges, where vacation is combined with leave, any portion of the vacation that is not covered by medical certificate should be taken into account in calculating the maximum limit of four months on average pay that may· be taken at any one time without medical certificate.

F.R. 69

A Government servant on leave may not take any service or accept any employment including the setting up of a private professional practice as accountant, consultant, or legal or medical practitioner without obtaining the previous sanction of:

(a) the President, if the proposed service or employment lies elsewhere than in India; and
(b) the authority empowered to appoint him, if the proposed service or employment lies in India.

Note 1:-This rule does not apply to casual literary work, or to service as an examiner or similar employment; nor does it apply to acceptance of foreign service which is governed by Rule 110. [G.O.Ms.No. 500, Finance, Dt. 28-07-1955]

Note 2 :-This rule does not apply where a Government servant has been allowed to take up a limited amount of private practice and receives fees therefor as part of his conditions of service e.g., where a right of private practice has been granted to a medical officer. [G.O.Ms.No:2664, Finance, Dt. 23-12-1959]

Subsidiary Rule under Rule 69

No Government servant, who immediately before going on leave preparatory to retirement, held a gazetted post either in a permanent or an officiating capacity should be permitted, except for special reasons, to accept any employment, until such leave expires and he enters on pension.

RULINGS

Officer appointed on a short-term contract under a State Government Employment under another Government during leave granted by the first Government on expiry of his agreement

(1) On a question raised as to whether the rule in the last sub-paragraph of Article 44 of the Audit Code is applicable to the case of an officer appointed for a short-term, on a contract, who on leaving service under a State Government, on the expiry of his agreement, is granted all the leave certified to be admissible to him, and takes up employment under another State Government during such leave, it has been decided as follows, in consultation with the Govt. of India;

If the terms of a temporary officer's contract permit him to take leave, and enjoy leave salary after the termination of his work, with a State Government, he will, while on such leave, be on a footing different from that of a man in ordinary permanent service. What the State Government is bound to give him is, in effect, pay at certain fixed rates for specified period after he has ceased to serve it. During this period the State Government has no control over his movements and cannot order him to take complete rest except by making use of Rule 69. If the original employing Government gives permission under Rule 69, the officer may take up employment under another Government during his leave. As each State Government has now full powers to make leave rules for the class of Government servants in question, any restriction of the kind laid down in the last sub-paragraph of Article 44 of the Audit Code is inconsistent with the present constitutional position. The restriction in that article which is based on Finance Department Resolution No. 3205-P, Dt. 27-06-1910, applies therefore to servants of the Union Government only.

(2) This rule should not be construed as permitting a Government servant who avails himself of leave on medical certificate, to undertake regular employment during leave. [G.O.Ms.No. 24, Finance, Dt. 08-01-1931]

(3) An officer of the State service who is substantively promoted to the corresponding All India Service becomes or acquired that status of a member of the latter service and as such under Rule 69(b) the sanction of the President of the Republic of India is necessary to his taking up private employment in India, while on leave.

(4) The Inspector-General of Police or the Commissioner of Police as the case may be is competent to permit members of the Police Subordinate Service to accept private employment outside Indian Union while on leave preparatory to retirement.

(5) Although the grant of permission to take up private employment during leave on medical certificate is technically covered by the provisions of Rule 69, such an arrangement is clearly contrary to the spirit of the regulations as it is not the intention that the leave which can be obtained on the strength of a medical certificate should be allowed to a Government servant the state of whose health enables him to earn a competence by private employment. Rule 69 should not therefore be construed as permitting a Government servant who avails himself of leave on medical certificate to undertake regular employment during such leave.

Terms of re-employment to be granted to officers during leave preparatory to retirement, refused leave availed of during periods of re-employment and after termination thereof

(6) When a Government servant, who is on leave under Rule 86 is employed in any post under the State Government, he may continue to enjoy his leave concurrently with such employment but his leave salary, which may be drawn in addition to pay of the post in which he is employed will be restricted to the amount of leave salary admissible in respect of leave on half average pay.  [G.O.Ms.No.2, Finance, Dt.03-01-1959]

No leave will be earned in respec;t of such period of employment during leave. During such employment he may also be granted dearness and compensatory allowances, if any, admissible on the basis of pay. These allowances will neither be admissible on leave salary nor will the leave salary be taken into account in calculating the allowances.

Note 1:-A Government servant may be permitted to avail of the refused leave either in wholeor in part at any time during the period of re-employment even though leave earned during the period of re-employment is at his credit, if such a course is to his advantage. The leave salary for the period of such leave will be the same as would have been admissible to him in the normal course but for re-employment reduced by the amount of pension and or pension equivalent of gratuity and other retirement benefits, but he will not be entitled to draw his re-employment pay in addition to leave salary during the period of refused leave so availed of. [G.O.Ms.No. 13, Finance, Dt. 18-01-1964]

The grant of such leave during the period ofre-employment will, however, be conditional on the re-employing authority being able to grant any part of the refused leave during the period of re-employment.

Note 2:-(i) the unutilised portion of the refused leave may be allowed to be availed of on termination of the period of re-employment. This facility is not applicable to the Government servant who seeks purely private employment. [G.O.Ms.No.520, Finance, Dt. 22-11-1972]

(ii) the leave salary for the period of such leave would be the same as would have been admissible in the normal course but for re-employment reduced by the amount of pension and pension equivalent of gratuity and other retirement benefits.

(iii) the leave salary for the refused leave which is permitted to be availed of on termination of the period of re-employment would be borne by the Department which would have borne it, had the leave been enjoined before re-employment and not postponed.

(iv) to the extent the leave earned during the period of re-employment is not availed of during the period of re-employment itself it will be allowed to be availed of on termination of re-employment provided it is applied for and it is refused in exigencies of public service and provided further the leave on average pay or earned leave carried forward under (2)(i) above and the earned leave allowed as terminal leave shall together not to exceed the limit upto which leave on average pay or earned leave can be allowed at a time under the rules applicable to the Government servant concerned before retirement.

(v) if a person has on the date of re-employment enjoyed a portion of the refused leave, the leave admissible to him on finally remitting office after re-employment will be composed of the unavailed portion of such leave and the leave earned during the period of re-employment in such manner as the officer desires and the incidence of such leave salary will follow in which the two leaves are combined. Formal sanction to such leave should be accorded by the authority or authorities empowered to sanction prior to and during reemployment.

(7) When a Government servant is permitted, during leave preparatory to retirement before attaining the age of superannuation or during leave under Rule 86 to take up employment under the Union Government or a State Government or under a private employer or local body, his leave salary will also be restricted as in Ruling (6) above.

[(8) During re-employment after retirement from pensionable service, an officer's pension is either held in abeyance or is allowed to be drawn separately, a suitable reduction being made in the re-employed pay wherever necessary. An officer whose pension is drawn separately during re-employment and who proceeds on earned leave or half pay leave or commuted leave, will be entitled to leave salary based on the net re-employed pay (i.e., exclusive of the pension and / or pension equivalent of gratuity) and will continue of draw the pension separately in addition.  An officer whose pension has been held in abeyance will draw the leave-salary based on the net-employed pay (i.e., pay minus the amount of the uncommuted pension and/or pension equivalent of gratuity) and in addition an amount equivalent to the pension which was held in abeyance. In either case the leave salary (exclusive of pension or the amount equivalent to pension which was held in abeyance and / or pension equivalent of gratuity) admissible during half pay leave or commuted leave will be subject to the monthly maximum of Rs. 750/- and Rs. 1,500/- respectively]. [G.O.Ms.No.1480, Finance, Dt. 24-08-1959]

During the period of extraordinary leave, an officer whose pension has been held in abeyance will be allowed to draw only an amount equivalent to the pension which was held in abeyance, where the pension is drawn during the period of extraordinary leave also.

The leave sa!ary in respect of earned leave, half pay leave and commuted leave of officers, who were governed by the Contributory Provident System prior to retirement, will be based on the net re-employed pay. They will not draw any leave salary during the period of extraordinary leave.

F.R. 70

All orders recalling a Government servant to duty before the expiry of his leave should state whether the return to duty is optional or compulsory. If the return is optional, the Government servant is entitled to no concession. If it is compulsory, he is entitled-

(a) If the leave for which he is recalled is out of India-

(i) to receive free passage to India ; and provided that he has not completed half the period of his leave by the date of leaving for India on recall or three months, whichever period is shorter, to receive a refund of the cost of his passage from India;

(ii) to count the time spent on the voyage to India as on duty for purposes of calculating leave; and

(iii) to receive leave salary during the voyage to India, and for the period from the date of landing in India to the date of joining his post to be paid leave salary at the same rate at which he would have drawn it had he not been recalled but returned in the ordinary course on the termination of his leave and for the latter period, travelling allowance under rules made in this behalf under Rule 44.

(b) If the leave for which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw travelling allowances under rules made in this behalf under Rule 44 for the journey, but to draw until he joins his post leave salary only.

(F.R. 70 is to be modified keeping in view Rule 23 of Central Leave Rules.)

RULINGS

Recall of Government servants from leave out of India

(1) All orders recalling a Government servant from leave out of India should be communicated to him through the High Commissioner for India. The orders should state whether the return to duty is optional or compulsory as required by R.70.

Treating vacation permitted to be combined with leave as part of leave

(2) Vacation should be treated as leave for the purpose of Rule 70(a)(i) only to the extent it operates by virtue of Rule 82(d) to reduce the amount of leave on average pay ordinarily admissible. The same principle will apply where the vacation of District and Sessions Judges is treated as recognized holidays, but its combination with leave on average pay is subject to the conditions as laid down in Rule 82(d). [Government of India, Finance, Letter No. 7(48)-R. 1/40, Dt. 12-08-1940)

Terms to be granted to officers on leave during preparatory to retirement

(3) When a Government servant who has proceeded on leave preparatory to retirement is required for employment during such leave in any post under the State Government and he is recalled to duty with his consent, such recall will be treated as 'optional' for the purpose of Rule 70.

(4) The expression on the termination of his leave in clause (a)(iii) of Rule 70 means on the termination of the period of leave as determined by his recall as opposed to the whole of the leave he was originally granted. The effect of this interpretation will be to make the same leave salary admissible for the period of transit in India as would be admissible had the return to duty been voluntary and the period of voyage been proper and the period of transit in India been proper or joining time under Rule 105, as the case may be.

F.R. 71

No Government servant who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness in such form as the Government may by order prescribe. The Government may require a similar certificate in the case of any Government servant who has been granted leave for reasons of health, eventhough such leave was not actually granted on medical certificate.  (Slightly modified F.R.71, keeping in view Rule 24(3) of Central leave Rules, 1972.

Note 1 :-A Government servant who has taken leave on medical certificate out of India may not return to duty until he has produced a medical certificate of fitness from two medical practitioners in the following form:

We certify that we have carefully examined CD of the ......................... department and find that he is in good health and fit to return to his duty in India.

Date ....................... .

Place ...................... .

If the certificate be signed by foreigners, it should be attested by Consular or other authority as bearing the signatures of qualified medical practitioners (vide Government of India, Finance Department, Letter No. 197, CSR., dated 06-03-1922, recorded in G.O.No.230, Finance, dated 16-03-1922).

Note 2 :-A Government servant who has taken leave in India on medical certificate may not return to duty until he has produced a medical certificate of fitness in the following form:

"Signature of applicant-

We the members of a Medical Board

Civil Surgeon of

do hereby

                A Registered Medical Practitioner of certify that Well have carefully examined A.B.C. of the department whose signature is given above, and find that he has recovered from his illness and is now fit toresume duties in Government service. Well also certify that before arriving at this decision, Well have examined the original medical certificates and statements of the case (or certified copies thereof, on which leave was granted or extended, and have taken these into consideration in arriving at our / my decision)".

If the Government servant on leave is gazetted officer who has taken leave on certificate granted by a Medical Board, the certificate of fitness to return to duty should also be from a Medical Board except (1) in case in which the leave is not more than three months, or (2) in cases in which the leave is for more than three months or leave for three months or less is extended beyond three months but the Medical Committee granting the original certificate or the certificate for extension state at the time of granting such certificate, that the Government servant need not appear before another Committee for obtaining the certificate of fitness to return to duty.

In the case in items (1) and (2) above, the certificate should be signed by a Commissioned Medical Officer or a Medical Officer in-charge of a civil station. If the Government servant on leave is not a gazetted officer, the authority under which the Government servant will be employed on return from leave may, in its discretion, accept a certificate signed by any registered medical practitioner (vide Government oflndia, Finance Department No. E.7(35)-R. 1/34, Dt. 21-5-1935).

Delegation under Rule 71

The authority by whom leave has been granted to a Government servant for reasons of health, though not on a medical certificate, has power to require the submission on a medical certificate of fitness before he returns from leave.

F.R. 72

(1) A Government servant on leave may not return to duty before the expiry of period of the leave granted to him, unless he is permitted to do so by the authority which granted him leave.

(2) Notwithstanding anything contained in sub-rule (1), a Government servant on leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty, save with the consent of the authority empowered to appoint him. (F.Rs. 71 and 72 are same as Rule 24 of Central leave Rules, 1972).

Instructions under Rule 72

1. A Government servant desiring to return to duty within the period of his leave should communicate his desire to the authority which sanctioned the leave sufficiently early to enable suitable arrangements, to be made.

2. A Government servant returning to duty at a time other than that fixed for him by the authority which granted him leave has no claim to be appointed to any particular post and is liable to be kept on subsistence grant until a suitable vacancy occurs.

3. No formal cancellation of the unexpired portion of leave is necessary when a Government servant returns to duty before the expiry of his leave.

F.R. 73

A Government servant who remains absent after the end of his leave is entitled to no leave salary for the period of such absence, and that period will be debited against his leave account as though it were leave
on half pay, unless his leave is extended by the State Government. Wilful absence from duty after the expiry of leave may be treated as misbehaviour for the purpose of Rule 15. (slightly changed).

Note:-A temporary Government servant working under emergency provisions who remains absent from duty after applying for leave or extension of leave to which he is not entitled to under the rules shall be deemed to have been discharged from duty with effect from the date from which he is not entitled to any leave unless the leave applied for is granted by the Government in relaxation of relevant rules. [G.O.Ms.No.436, Finance, Dt.11-06-1957)

Delegation under Rule 73

The authority by whom leave has been granted to a Government servant who remains absent after the end of his leave is authorised to extend his leave, provided that the grant of leave for the total period of absence is within his powers.

F.R. 74

(a) Subject to any instructions which may be given by the President of India in connection with the control of the issue of money from Treasuries or by the Comptroller and Auditor-General in India in order to secure efficiency and uniformity of Audit, the State Government may make rules prescribing the procedure to be followed in India:-

        (i) to (iii) [Not Relevant]

        (iv) in the maintenance of records of service.

(b) [Not Relevant].

Note 1 :-The Subsidiary rules framed under this rule will be found in Annexure II.

Note 2 :-The provisions relating to the Recording and Alteration of Date of Birth are covered by the "Andhra Pradesh Public Employment (Recording and Alteration of DateBirth) Rules, 1984" (Appendix 'C').

SECTION III - Special and Ordinary Leave Rules

F.R. 75 - Not relevant

F.R. 76

A leave account shall be maintained for each Government servant in terms of leave on average pay. (See Annexure-II of Part-1)

F.R. 77 - Not relevant

RULING

Leave Account

Fractions of a day should not appear in the leave account. Fractions below half should be ignored and those of half and more should be reckoned as one day.

Note :-In the case of officers subject to the A.P. Leave Rules, 1933, fractions of a day should however be rounded as indicated in instruction 6 in the form of leave account relating to earned leave.

F.R. 78

The amount ofleave debited against a Government servant's leave account is-

(a) the actual period of leave on average pay, taken excluding the special disability leave on average pay under Rule 83(7), and

(b) half the period of leave on half average pay (other than special disability leave) or on quarter average pay or of special disability leave on average pay under Rule 83(7)(b).

Note:-The Government of A.P. may consider to modify FR.78, after going through the general rulings of the Central Government. The authors have omitted material not required.

F.R. 79 - Not relevant

Note :-The Government of A.P. may consider to delete FR.79.

F.R. 80

The amount of leave due to a Government servant is the balance of leave at his credit in the leave account.

F.R. 81

Leave may be granted to a Government servant at the discretion of the authority entitled to grant the leave, subject to the following restrictions:

(a), (b) & (c). [Not Relevant].

(d) The maximum period of continuous absence from duty on leave granted otherwise than on medical certificate is twenty-eight months. The period shall in no circumstances be exceeded by a Government servant who is on leave preparatory to retirement.

Note:- A Government servant who is compulsorily retired from service before completing 25 years of qualifying superior service may be given leave preparatory to retirement, provided the grant of leave does not vitiate the orders of compulsory retirement.

( e) When a Government servant returns from leave which was not due and which was debited against his leave account, no leave will become due to him until the expiration of a fresh period spent on duty sufficient to earn a credit of leave equal to the period of leave which he took before it was due.

RULINGS

Rulings issued under FR. 81 are no longer relevant.

F.R. 82

EXECUTIVE INSTRUCTION

Earned leave to the Teaching and Non-teaching staff working in schools (G.O.Ms.No. 317, Edn., (Ser.VJ Dept., Dt. 15-9-1994)

Order:

Government after careful consideration direct that all Teaching and Non-teaching staff in the Educational Institutions who are availing summer vacations and are eligible for 5 days Earned leave per annum shall be eligible for 6 days earned leave per annum, subject to the provisions of F.R. 82. The earned leave shall be credited in advance in two instalments of 3 days each on first day of January/July of every year.

F.R. 83.

(1) Subject to the conditions hereinafter specified the State Government may grant special disability leave to a Government servant whether, permanent or temporary, who is disabled by injury intentionally

inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position.

(2) Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice. But the President of India, if he is satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.

(3) The period of leave granted shall be such as is certified by a Medical Board in the case of Gazetted Government servants and Civil Surgeons in the case of non-Gazetted Government servants to be necessary. It shall not be extended except on the certificate of a Medical Board in the case of Gazetted Government servants and Civil Surgeons in the case of non-Gazetted Government servants and shall in no case exceed 24 months.

Note:-If the period of leave recommended does not exceed two months a certificate from a Govt. Medical Officer shall be sufficient. [G.O.Ms. No. 40, Fin., Dt. 3-6-1961]

(4) Such leave may be combined with leave of any other kind.

(5) Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(6) Such leave shall be counted as duty in calculating service for pension, and shall not, except as provided in Rule 78(b ), be debited against the leave account.

(7) Leave salary during such leave shall be equal-

(a) for the first four months of any period of such leave, including a period of such leave granted under clause (5) of this rule, to average pay, and

(b) for the remaining period of any such leave to half average pay, or at the Government servant's option, for a period not exceeding the period of average pay which would otherwise be admissible to him, to average pay 

Provided that the maxima specified in the table in sub-rule (2) of Rule 89 shall notwithstanding anything contained in that rule apply to the whole period of such leave and the minima specified in the table in Rule 90 shall apply when leave salary during such leave is equal to half average pay, subject to the conditions stated in that rule and the notes thereunder.

(8) In the case of a person to whom the Worlanen's Compensation Act, 1923, applies the amount of leave salary payable under this rule shall, with effect from the 1st July, 1924, be reduced by the amount of compensation payable under Section 4( l )(d) of the said Act.

(9) The provisions of this rule apply to a civil servant disabled in consequence of service with a military force, if he is discharged as unfit for further military service, but is not completely and permanently incapacitated for further civil service, and to a civil servant not so discharged who suffers a disability which is certified by a Medical Board to be directly attributable to his service with a military force ; but in either case, any period of leave granted to such a person under military rules in respect of his disability shall be reckoned as leave granted under this rule for the purpose of calculating the period admissible.

RULING

Intention of special disability leave

The intention of the leave rule is not that special disability leave should be given to cover any portion of an officer's military service but that it should be admissible only after the officer's discharge as unfit for further military service. [G.I., F.D., No. F. 21-11, CSR/24, Dt. 30-7-1924]

F.R. 83-A. 

The State Government may extend the application of the provisions of Rule 83 to a Government servant, whether permanent or temporary, who is disabled by injury, accidentally incurred in or in consequence of his official position, or by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he holds. The grant of this concession is subject to the further conditions

(i) that the disability, due to disease, must be certified by the medical authority specified in sub-rule (3) of Rule 83 to be directly due to the performance of the particular duty; and

(ii) that, if the Government servant has contracted such disability during service otherwise than with a military force, it must be, in the opinion of the Government so exceptional in character; and

(iii) that the period of absence recommended by the medical authority specified in sub-rule (3) of Rule 83 may be covered in part, by leave under this Rule and in part by other leave and that the amount of special disability leave granted on average pay may be less than four months.

RULING

Special Disability Leave can be granted to the Government employees who sustain injuries in road accidents while proceeding on official duty from their offices to another Office or Court or a Workpost or the Field but not in Road Accidents while going to office from residence and vice-versa.

F.R. 83-B. [Not Relevant].

F.R. 84. 

Leave may be granted to Government servants, on such terms as the [Governor] may by general order prescribe, to enable him to study scientific, technical or similar problems or to undergo special courses of instruction. Such leave shall not be debited against the leave account. [Subs. by G.O.Ms.No. 12, Fin. & Pig., Dt. 7-2-95)

Note :-The Govemmel)t of India are pleased to prescribe the rules given in the annexure below to regulate the grant of leave to officers for the study of scientific, technical and similar problems, or in order to undertake special courses of instruction.

ANNEXURE

Rules for the grant of additional leave to Government servants for the study of scientific, technical or similar problems, or in order to undertake special courses of instruction.

The following rules are to study leave only. They are not intended to meet the case of Government servants deputed to other countries at the instance of Government either for the performance of special duties imposed on them or for investigation of specific problems connected with their technical duties. Such cases will continue to be dealt with on their merits under the provisions of Rules 50 and 51 of the Fundamental Rules. The rules apply to the Archaeological Department, the Public Health and Medical Research Departments, the Botanical Survey (including the officers of the Royal Botanical Garden, (Calcutta), the Civil Veterinary Department, the Factory Department, the Geological Survey, the Agricultural Department, the Meteorological Department, the Railway Department (Traffic, Locomotive and Engineering Branches), the Telegraph (including the Wireless) Branch of the Indian Posts and Telegraphs Department, the Zoological Survey, the Education Department, the Public Works Department and the Forest Department (except in respect of continental tours, to which special rules apply). The rules also apply to officers of the Indian Civil Service (irrespective of the source of recruitment), or of the Judicial Branch of the State Civil Service, who have been admitted to the rules for the assistance of officers on leave in the United Kingdom who wish to prosecute their legal studies at one of the Inns. of Court, London, or the King's Inns., Dublin, both during the period when they are reading for the examinations prescribed for a call to the English or the Irish Bar, and also during the period when they are reading in the Chambers of practising Barrister in England, but in their case study leave should not ordinarily be granted after the twelfth year of service. The rules may be extended by the authorities empowered to sanction study leave under Rule I to any Government servant, including a Government servant of a State Service not belonging to any of the Departments mentioned above, in whose case the sanctioning authority is of opinion that leave should be granted in the public interests to pursue a special course of study or investigation of a scientific or technical nature.

Note :-The extension of these rules to the Public Works and Railway Departments does not affect the existing rules under which Government servants are allowed to visit engineering works when on leave in Great Britain.

1. The powers granted by these rules to the Government of India or to State Government may be delegated by them to the High Commissioner for India, subject to any condition they may think fit to impose.

1-A. Extra leave on half average pay for the purpose of study leave may be taken either in or outside India. It may be granted to a Government servant of any of the departments named above by the Government or Chief Commissioner under whom he is serving, provided that when a Government servant borne permanently on the cadre of one State or Department is serving temporarily in another State or Department the grant of leave is subject to the conditions (a) that the sanctioning authority can make local arrangements to carry on his work in his absence, and (b) that the sanction of the State or Department to which he is permanently attached is obtained before leave is given. Study leave should not ordinarily be granted to Government servants of less than five years' service or to Government servant within three years of the date at which they have the option of retiring or if they have the option of retiring after 20 years service, within three years of the date at which they will complete 25 years service. Nor should it be granted to Government servants who are about to retire on proportionate pension.

Note: Department of the Government of India may grant study leave to Government servant under their administrative control, subject to the restrictions which apply to the powers of Government.

2. The grant of study leave should be made with due regard to the exigencies of the public service. In no case should the grant of this leave, in combination with leave other than extraordinary leave or leave on medical certificate, involve an absence of over 28 months from a Government servant's regular duties, or exceed two years in the whole period of a Government service; nor should it be granted with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave. A period of 12 months at one time should ordinarily be regarded as suitable maximum, and should not be exceed save for exceptional reasons.

3. Deleted.

4. When a Government servant has been granted a definite period of study leave and finds subsequently that this course of study will fall short of the sanctioned period to any considerable extent, his absence from duty should be reduced by the excess period of, study leave unless he produces the assent of the sanctioning authority in India to his taking it as ordinary leave.

5. Except as provided in Rule 6, all applications for study leave should be submitted with the Audit Officer's certificate to the Head of the Department through the prescribed channel and the course or courses of study contemplated and any examination which the candidate proposes to undergo should be clearly specified therein.

If the course of study, is in Europe or America, and Head of the Department should also forward to the Secretary of the High Commissioner for India, General Department, a copy of the approved programme of study. If it is not possible for the Government servant to give full details, as above, in his original application or if, after leaving India, he wishes to make any changes in the programme which has been approved in India, he should submit particulars as soon as possible to the Secretary to the High Commissioner for India, General Department. In such cases, he should not, unless prepared to do so at his own risk commence the course of study, nor incur any expenses in connection therewith, until he receives approval to the course through the High Commissioner.

6. Government servants on leave in Europe or America who wish to convert part of the leave into study leave or to undertake a course of study during leave, should before commencing study and before incurring any expenses in connection therewith, submit a programme of their proposed course of study to the Secretary to the High Commissioner for India, General Department. The programme should be accompanied by an official syllabus of the course, if one is available, and by any documentary evidence that particular course or examination has the approval of the authorities in India. In the absence of such evidence the programme may, if approved by the High Commissioner, be proceeded with, but no study leave allowance will be admissible until the concurrence of the authority concerned in India is received.

Similarly Government servants on leave in the United Kingdom who desire to have it extended for the purpose of study under these rules, should address the Secretary to the High Commissioner for India, but in addition to furnishing a statement of the proposed study they must support their applications with documentary evidence of their having obtained the approval of the authorities concerned in India to their applying for an extension of leave.

They must also produce documentary evidence of the concurrence of the authority concerned in India to the grant of study leave and/or study allowance.

6-A. ·No course of study will be recognized as qualifying for the grant of study allowance or for study leave for any other purpose, unless it has been approved in atleast broad outline by the sanctioning authority in India in accordance with Rules 5 and 6 above, and unless in cases where it has not been found possible to submit full particulars to the authorities in India, it has been approved in detail by the High Commissioner before it is begun.

7. A study allowance will be granted for the period spent in prosecuting a definite course of study at a recognized institution or in any definite tour of inspection of any special class of works as well as for the period covered by any examination at the end of the course of study. The rates as at present fixed are 16 sh. a day in the United Kingdom, 1 pound a day on the continent of Europe and 30 sh. a day in the United States of America. These rates are liable to revision. The rate to be granted to Government servants who take study leave in other countries including India, will be specially considered by the Government of India or the State Government in each case. In no case will subsistence allowance be granted in addition to study allowance and ordinarily travelling expenses will not be paid, but in exceptional cases claims will be considered on their merits by the Government of India or the State Government.

8. A study allowance will be admissible upto 14 days for any period of vacation. A period during which a Government servant interrupts his course for his own convenience cannot be considered as vacation. Study aliowance may be given at the discretion of the Government of India or the State Government for any period up to fourteen days at one time during which the officer is prevented by sickness duly certified by a medical practitioner from pursuing the sanctioned course of study. In the case of a Government Servant retiring from the service without returning to duty after a period of study leave the study allowance will be forfeited. If the Government servant is under civil rules the study leave will be converted into ordinary leave to the extent of the ordinary leave standing to his credit at the date of retirement. Any balance of the period of the study leave mentioned above which cannot be so converted will be excluded in reckoning service for pension.

9. Government servants granted study leave are ordinarily required to meet the cost of fees paid for course of study. In exceptional cases the Government of India or the State Government will be prepared to consider proposals that such fees should be paid by Government.

10. On completion of a course of study a certificate on the proper form (which may be obtained from the High Commissioner), together with certificates of examinations passed or of special study, shall, when the study leave has been taken in Europe or America, be forwarded to the High Commissioner. When the study leave has been taken in any other country certificates of examinations passed or of special study, which should show the dates of commencement and termination of the course, with any remarks by the instructor, shall be forwarded to the authority which sanctioned the leave. In the case of a definite course of study at a recognized institution the study allowance will be payable by the High Commissioner or by the authority in India, as the case may be, on claims submitted by the Government servant from time to time, supported by proper certificates of attendance. When the programme of study approved under Rule 5 does not include or does not consist entirely of such a course of study the Govt. servant shall submit, to the High Commissioner, or to the authority in India which sanctioned his leave, as the case may be, a diary showing how his time has been spent, and the report indicating fully the nature of the methods and operations which have been studied and including suggestions as to the possibilities of applying such methods or operations to India. The sanctioning authority in India will decide whether the diary and report show that the time of the Government servants has been properly employed, and will determine accordingly for what period the study allowance referred to in Rule 7 may be granted.

11. Study leave will count as service for promotion and pension but not for leave. It will not affect any leave which may already be due to a Government servant ; it will count as extra leave on half average pay and will not be taken into account in reckoning the aggregate amount of leave on half average pay taken by the Government servant towards the maximum period admissible under the Fundamental Rules.

Note :-The Secretary of State has decided that study leave as well as the special leave granted to officers in civil employ appointed to the Commonwealth Fund Service Fellowship for the period for their absence from duty in India should not be taken into account in calculating service for proportionate pension.

12. During study leave a Government servant will draw half average pay as defined in Rule 9(2) of the Fundamental Rules, subject to the maximum and minimum laid down in Rules 89 and 90 ibid. The rate of exchange prescribed by the Secretary of State-in-Council for the conversion of leave salary (other than that admissible during the first four months of a period of leave on average pay) shall apply to study leave allowances. A Government servant may, subject to the approval of the proper authorities being obtained as required by Rule 5 or 6, undertake or commence a course of study during leave on average pay, and subject to paragraphs 7 and 8, draw study allowance in respect thereof provided that study allowance is not drawn for an aggregate period exceeding two years, during the whole of a Government servant's service. This rule applies to military officers in civil employment taking leave under the Fundamental Rules.

Note :-A Government servant governed by the Andhra Pradesh Leave Rules, 1933 shall not be eligible for the benefit of the maximum leave salary prescribed in Rule 90 of the Fundamental Rules. He will draw during study leave half-pay subject to the limits prescribed in the Andhra Pradesh Leave Rules, 1933.

13. On an application for study leave in Europe or America being sanctioned by Government, it should inform the High Commissioner of the particulars of the case. When such leave is sanctioned by a Chief Commissioner, a report should be made to the Government of India, who will inform the High Commissioner. It will be necessary for the Government servant concerned to place himself in communication with the High Commissioner, who will arrange any details and issue any letters of introduction that may be required. If all cases in which study leave in any other country is sanctioned the particulars should be reported to the Government of India.

Note 1:-The Government of India have also decided that extra-ordinary leave may be taken in conjunction with study leave without regard to the maximum prescribed in Rule 2 of the Study Leave Rules.

Note 2:-(a) Government of India's orders regarding Common-wealth Fund Service Fellowships and Rockfeller Foundation Fellowships :-(i) Civilian Officers including Indian Medical Service Officers, in civil employ, appointed to the Commonwealth Fund Service Fellowships should be granted for the period of absence from duty in India special leave on half average pay which should be treated as analogous to study leave, that is, it will count as service for promotion and pension but not for proportionate pension and will not be debited against the officer's leave account.

[G.Os (Department of Education, Health and Lands) Letter 876-G, Dt. 11-6- I 929, G.O.Ms. No. 767, Public, Dt. 19-7-1929 and No. 85, Public (Services), Dt. 10-1-1934)

The Government of India have directed that, in future whenever a civilian officer including officers of the Indian Medical Service in civil employ, is appointed to a Commonwealth Fund Service Fellowship, he should be told that, as the fund grants a "travel allowance" for journeys to and from America, he should in no case draw upon his passage account for the cost of those journeys. These orders do not apply to the passage account of the officer's family.

(ii) Officers in Government service holding Rockfe/ler Foundation Fellowship should be granted the following terms :-(I) Pay that the scholars would have drawn had they remained on duty in India, subject to usual restrictions in hard currency areas. In case family allowance is granted by the Rockfeller Foundation, pay will not be admissible.

(2) No compensatory allowance will be admissible.

(3) Period of absence will be treated as duty and not as leave except in the case of those who are granted family allowance. In such cases the period of absence should be treated as extraordinary leave and as required under Rule 85 the consent of the scholar should be obtained in writing before such leave is granted.

(4) The stipend, travel expenses and other allowances, granted by the Rockfeller Foundation other than the family allowance, will be admissible.

(b) In the case of officers belonging to the State and Subordinate Service and holders of special posts selected for the Commonwealth Fund Service Fellowships, the period of absence from duty will be treated as leave. They will not be eligible for any compensatory allowance while holding the Fellowships.

RULINGS

Eligibility of Non-Gazetted Government Servants to Study Leave Rules

(1) The Study Leave Rules are not ordinarily applicable to non-gazetted Government servants. Any proposals for the grant of study leave to the non-gazetted Government servants under the respective control of the Union and State Governments should be sent to them for consideration only in very exceptional circumstances.

Delegation of powers to the High Commissioner

(2) Under Rule I of the Study Leave Rules the Government oflndia and the State Government have delegated to the High Commissioner the same powers as those possessed by him prior to the amendment published in Government of India, Finance Department Resolution No. 3-11 CSR/26, Dt. 18-1-1926, and subject to the same conditions as detailed in paragraph 3 below.

The Government of India and the State Government have delegated to the High Commissioner their powers under Rule 8 and published in Government of India, Finance Department, Resolution No. F. 12-R/128, Dt. 26-4-1928, regarding the grant of study allowance during sickness upto a limit of 14 days at one time.

Application for Grant of Concessions allowed by Study Leave Rules

(3) The High Commissioner for India has been permitted to exercise discretion in dealing with applications from Government servants prosecuting courses of study or tours of inspection for the grant of concessions under the Study Leave Rules particularly as regards travelling expenses (Rule 7) and fee (Rule 9), etc.

In order to enable him to deal with such applications, the reports! from India under Rule 13 of the Study Leave Rules, and the documentary evidence furnished to officers under Rule 6 conveying concurrence to the course of study should specially state whether the Government of India or the State Government concerned are prepared to meet the cost of travelling expenses or tuition fees, should the High Commissioner consider their grant desirable. A report under Rule 13 is not necessary in cases where Government servants are on leave out oflndia and wish to convert part of their leave into study leave or to extend their leave for study but the information will be given in the documentary evidence furnished to the Government servant under Rule 6. In the absence of this information the High Commissioner will have to consult the State Government before exercising discretion.

The limit of two years of absence includes the period of vacation if any.

(4) The limit of 28 months of absence from an officer regular duties prescribed in this rule includes the period of vacation, if any, with which study leave and other leave may be combined.

(5) Study leave is not "active service" within the meaning of Article 8, Civil Service Regulations, and it cannot count for proportionate pension under the Premature Retirement Rules.

(6) [Not Relevant].

Study allowance for the period of private work during study leave

(7) The Government of India and the State Government have agreed to the grant of study allowance to officers for the period during study leave devoted to the collating and elaborating in the form of readable report of the notes made and literature collected during their tour of inspection.

In the case of an officer granted study leave with the object of taking a definite course of study or preparing for a specific examination, attendance at an institution or supervision by a responsible authority is the normal procedure. The Study Leave Rules should be more strictly adhered to in this case and private work at home is not therefore accepted for purposes of study leave.

(8) A Government servant of a vacation department can draw study allowance during vacation if he prosecutes his studies during the period. The period of such vacation will be taken into account in calculating the maximum period of two years for which study allowance is admissible.

(9) Study leave may be granted to an officer of less than five years' service at the discretion of the authority competent to grant the leave.

F.R. 85. (a) 

Extraordinary leave may be granted in special circumstances 

(1) when no other leave is by rule admissible, or

(2) when, other leave being admissible, the Government servant concerned applies in writing for the grant of extraordinary leave. Such leave, is not debited against the leave account. No leave salary is admissible during such leave.

Note :-If an authority competent to sanction leave has reason to believe that an attempt is being made by the Government servant to derive the benefit under Article 408 of the Civil Service Regulations in applying extraordinary leave in continuation of and beyond a period of continuous absence in leave with allowances for 28 months preparatory to retirement, such authority should refuse the extraordinary leave in such cases by exercising the discretion vested in it under Rule 67. [G.O.Ms. No. 2052, Fin., Dt. 14-4-1960]

See Rule 16 of the Revised Leave Rules, 1933

(b) The authority which has the power to sanction leave may grant extraordinary leave as in clause (a) in combination with, or in continuation of, any leave that is admissible, and may commute retrospectively periods of absence without leave into extraordinary leave.

(c) When extraordinary leave is granted to a Military Commissioned Officer subject to these rules, he will continue to be treated as in civil employ for all purposes, until he is placed on military temporary non-effective pay by the order of a medical board. If, after being placed on military temporary non-effective pay, he returns to duty in India, he will have no claim to reinstatement in civil employ.

EXECUTIVE INSTRUCTION

Grant of Extra Ordinary Leave on Medical Certificate.

Memo. No. 21102-B/37 l/A2/FR.J/98, Fin. & Pig. Dt. 7-8-1998. 

RULINGS

(1) to (3) and (5) Not printed. The Govt. have to consider to delete them.

Casual Leave

(4) The rules regarding the grant of casual leave to Government servants under the administrative control of the State Govt. are printed as Annexure VII.

F.R. 86. (a) 

Leave at the credit of a Government servant in his leave account shall lapse on the date of compulsory retirement. Provided that if in sufficient time before that date he has-

(1) formally applied for leave due as preparatory to retirement and been refused it, or

(2) ascertained in writing from the sanctioning authority that such leave if applied for would not be granted in either case the grounds of refusal being the requirements of the public service, then the Government servant may be granted, after the date of retirement, the amount of leave so refused subject to a maximum of six months.

(b) A Government servant retained in service after the date of compulsory retirement shall earn leave on average pay at the rate of 1/11 th of duty performed after that date and shall be allowed to add thereto any amount of leave which could have been granted to him under clause (a) had he retired on that date. The total period which he may take on each occasion shall not exceed six months. When his duties finally cease, the Government servant may be granted leave preparatory to retirement upto a maximum of six months, as follows :-

(i) the balance after deducting the amounts of leave, if any, taken during the period of extension from the amount of leave which could have been granted to him under clause (a) had he retired on the date of compulsory retirement, plus

(ii) the amount of leave earned under this clause which is due to the Government servant and which he has in sufficient time during the period of extension :-

(1) formally applied for as preparatory to final cessation of his duties, and been refused, or

(2) ascertained in writing from the sanctioning authority, that such leave would not be granted if applied for; in either case the ground of refusal being the requirements of the public service

Provided that every Government servant :-

(a) who, after having been under suspension is reinstated within six months preceding the date of his compulsory retirement and was prevented by reason of having been under suspension from applying for leave preparatory to retirement shall be allowed to avail of such leave as he was prevented from applying for, subject to a maximum of six months reduced by the period between the date of reinstatement and the date of compulsory retirement;

(b) who is not retired from service on attaining the age of compulsory retirement while under suspension under F.R. 56(c) and was prevented from applying for leave preparatory to retirement on account of having been under suspension, shall be allowed to avail of the leave to his credit subject to a maximum of six months, after the termination of proceedings preparatory to retirement as if it had been refused as aforesaid, if, the opinion of the authority competent to order reinstatement, he has been fully exonerated and the suspension was wholly unjustified;

(c) The grant of leave under this rule, extending beyond the date on which a Government servant must compulsorily retire, beyond the date up to which a Government servant has been permitted to remain in service, shall be considered as an extension of service.

[Note(1) :-Leave which is not preparatory to retirement and which is refused by the competent authority in the interest of public service will not entitle an officer to the protection of Rule 86, after the date of superannuation.

Note (2): The leave applied for during the last spell of extension of service as preparatory to final cessation of duties and formally refused in the interests of public service only should be treated as refused leave under this rule].

Instructions under Rule 86

1. All leave under Rule 86 shall be granted only by Government.

2. When the Government servant is permitted by a special order to avail himself of the period of leave refused within the meaning of Rule 86, during reemployment or on the tennination of re-employment, the leave taken during the period of re-employment shall be debited first against the credit of leave earned during that period, until it is exhausted, and then against any credit of leave refused under Rule 86 (a) and allowed to be carried forward.

RULINGS

Application of the Rule

(1) This rule simply limits the amount of leave that may be granted to Government servants who have reached or are about to reach the date on which they are required to retire. The kind of leave and the leave salary are detennined not by this rule but by the general rules in Rules 81 and 87. The proviso to Rule 81 (b )(ii) should therefore be held to apply in cases of leave granted under Rule 86.

The Government of India have ruled that the limit of six months laid down in Rule 86(b) should be held to include periods of vacation prefixed or affixed to leave.

This ruling of the Government of India will be applicable to the officers under the rule-making control of the State Government also.

[(2) A Government servant retained in service after the age of compulsory retirement is entitled to earn leave under clause (b) of Rule 86 and a debited balance, if any, on the date he attained that age should be considered as wiped off]. [G.I., F.D., No. F. 12(31)/R.I/32, Dt. 30-5-1932]

[(3) Compulsory recall of an officer from leave preparatory to retirement should be deemed to be a constructive refusal of the balance of leave unenjoyed for purposes of Rule 86). [G.I.F.D. Letter No. F. 7(12) R. I. /41, Dt. 10-3-1941]

(4) While the amount of the leave refused under Rule 86 (a) is fixed, the quality of that leave (i.e., on average or half average pay) whether it is taken before or after the date of compulsory retirement or· after the date of final cessation of duties may be varied within the normal leave rules to the advantage of the Government servant concerned in accordance with the leave earned and standing to his credit on the date on which he proceeds on leave prior to the date of compulsory retirement whenever he takes a portion of hill refused leave before that date ultimately on the date of his compulsory retirement, and no second application for leave in sufficient time and its refusal are necessary merely to ensure this variation. Similarly, the character of any period of leave on average pay admissible under Rule 86(a), original or so modified, may, if the Government servant so desires, be converted within the quantum admissible into a portion on average and the balance on half average pay.

No such conversion however is admissible in respect of the leave on average pay (not in terms of average pay) earned under (b) clause of this rule.

(5) Leave sanctioned preparatory to retirement but which could not be enjoyed due to the exigencies of public service may be treated as a constructive refusal of leave for purposes of Rule 86.

[(6) When a Government servant who has proceeded on leave preparatory to retirement is required for employment during such leave in any post under the Government, he will be recalled to duty and the unexpired portion of his leave from the date of rejoining duty will be cancelled. The leave so cancelled will be treatedas leave refused under Rule 86, and it may be granted from the date of compulsory retirement of the Government servant. Such recall will be treated as optional for the purposes of Rule 70]. [G.O.Ms.No. 882, Finance, Dt. I 9-7-1952]

(7), (8), (9) & (10) Not Relevant.

[(11) Leave taken during the period of extension should be debited first against the credit of leave earned during such extension, until it is exhausted, and then against any credit of leave refused under Rule 86( a) and carried forward under Rule 86(b)]. [C.A.G's. Letter No. 405 N259-40, Dt. 29-11-1940]

(12) Not Printed. The Govt. of A.P. may consider to delete. -Authors.

((13) Rule 86 (b) as amended by Government of India, Finance Department, Notification No. F. 7(66)-R.l./40, Dt. 17-10-1940, necessitates a change in the existing method of maintaining the leave account during the period of extended service.

Under the old Rule 86(b) the leave admissible to a Government servant who was retained in service after the date of compulsory retirement, whether during the period of extended service or on the expiry of it, was granted against the total credit of leave due and not separately against the leave refused under clause (a) of the rule and carried over, and the leave earned under clause (b) during the period of extension.

Under the amended rule it will, however, be necessary to exhibit in the leave account the two component parts of the total credit as distinct and separate items and to grant leave against the balance of either the one or the other of the two categories of leave.

As it would be advantageous to the Government servant to consume first the leave earned during the period of the extended service and then the leave carried forward, which would be free from the restriction of 'application in sufficient time', it has been decided with the concurrence of the Government of India that the leave taken during the period of extension should be debited first against the credit of leave earned during that period, until it is exhausted, and then against any credit of leave refused under Rule 86(a) and carried forward under Rule 86(b)].

(14) The leave earned by the period of duty intervening between the refusal of leave pending retirement and the date of compulsory retirement is merged in the common pool in the leave account and forms an indistinguishable part of the total leave at credit the whole of which, with the exception only of the net amount of leave refused, lapses under clause ( a) of Rule 86 on the date of compulsory retirement. The grant of any leave between the date from which the "refusal of leave" took effect and the date of superannuation should, therefore, be held to be a grant of leave against the amount of leave originally refused. The amount of leave admissible under clause (a) after superannuation in such a case is, therefore, the amount of leave originally refused minus the amount of the post-refusal leave enjoyed and this difference is subject to a maximum of six months. This principle applies equally to leave available under clause (b ), including that earned in respect of duty during a period of refused leave.

(15) Mr. X who was due to retire on superannuation pension on 16th September, 1947, applied for leave on average pay for four months from 10th February, 1947 which ·was refused by Government in the exigencies of public service. He again applied for three months and six days' leave from 10th June, 1947 which was againrefused by Government except for fifteen days. The Officer again applied for the leave from 16th September, 1947. The question arose whether he should be given leave on 16th September, 1947:-

1. the amount of refused leave for three months and six days less fifteen days, or

2. the accumulated refused leave of four months, and three months and six days subject to a maximum of six months, or

3. the longest of the two periods of refused leave, viz., four months.

The Comptroller and Auditor-General decided that the officer can be granted after the age of superannuation only the leave preparatory to retirement that was refused, viz., three months and six days less fifteen days availed of. The four months' leave on average pay applied for by him was not preparatory to retirement and hence its refusal by Government in the interest of public service does not entitle him to the protection of Rule 86 after the date of superannuation.

SECTION V - Leave Salary

F.R. 87. 

Subject to the conditions in Rules 81, 88, 89, 90 and 91, a Government servant on leave shall, during leave, draw leave-salary as follows:-

(a) If the leave is due, leave-salary equal to average pay or to half average pay, or to average pay during a portion of the leave, and half average pay during the remainder, as he may elect ; and

(b) If the leave is not due, leave-salary equal to half average pay:

Provided that when a non-gazetted Government servant takes leave, and

(i) his pay is less than Rs. 300 ; or

(ii) the leave taken does not exceed one month his average pay, for the purpose of this rule may be taken to be the pay which he would draw in the permanent post held substantively by him at the time of taking leave, if this pay be more than the average pay]. [Amendment issued under the Civil Service (Governor's Provinces) Delegation Rules, 1926]

Note 1 :-Not Printed. Note I is covered by Rule 29 (b) of the Revised Leave Rules, 1933. The Govt. of A.P. may therefore delete Note I. -Authors.

Note 2 :-In cases coming under the proviso to these rules, the leave-salary of a Government servant who is in permanent employment and who has been continuously officiating in another post for more than three years (including periods of leave, deputation, foreign service, etc., during which he would have officiated in. that post but for such leave, deputation, foreign service, etc.), at the time he proceeds on leave shall be calculated as if he was the substantive holder of the post in which he was so officiating or in which he would have so officiated but for his officiating appointment in an equivalent or a still higher post.

In allowing the benefit of this note, the authority which is competent to fill the specified post in respect of which the benefit is proposed to be granted should furnish a certificate in the following form to enable audit to admit the claim.

CERTIFICATE

    Certified that on the* .............................................................................................. Sri/Srimati/Kumari ................................................. has been continuously officiating in the post**.....................................for more than three years inclusive of the following periods during which he/she would have officiated in the post but for the following events :-

1. Periods of officiation in the specified post.

2. Periods of officiation in equivalent or higher posts in the same Department.

3. Periods of deputation.

4. Foreign Service.

5. Periods of leave.

Signature ............................... .

Designation ........................... .

* The date preceding the date of commencement of leave to be specified here.

** Designation of the post to be specified here. (G.O.Ms.No. 2277, Fin., Dt. 26-7-1960 & G.O.Ms.No. 2413, Fin. Dt. 13-10-1960)

RULINGS

(1), (2), (3) & (4) Not Relevant. 

Interpretation of the term "pay" in the expression "the pay which he would draw" occurring in clause (ii) of the proviso

[(5) This term should be interpreted as including "special pay" whether attached to a post or personal to particular Government servant, since in either case the Government servant would draw it in the post which he holds substantively]. [G.I., F.D., Letter No. F. 374 C.S.R. 26, Dt. 27-11-1926]

[(6) When a Government servant belonging to a cadre is actually holding substantively a particular permanent post in the cadre at the time of taking leave, he must be considered as the substantive holder of that particular post at the time and if a special pay is attached to that post, he may, if the other conditions of the first proviso to Rule 87 are fulfilled, draw leave-salary equal to his substantive pay plus the special pay which he was drawing at the time of taking leave].

[C.A.G's. Letter No. T. 717-A/167-38, Dt. 13-7-1938 to A.G., Central Revenues,

received with the C.A.G's. Endt. No. 331-A/167-38, Dt. 16-7-1938]

Note :-When the special pays for typewriting and shorthand are not attached to any particular post but are sanctioned for a particular office or offices as a whole (e.g., special pays for shorthand and typewriting in the Judicial Department) a Government servant, who is in receipt of such special pay at time of proceeding on leave, cannot draw the special payas part of the pay of the post held substantively by him at the time of taking leave under the first proviso to Rule 87, but can draw only average pay as defined in clause (2) of Rule 9.

(7) Not Relevant. 

Interpretation of the words "at the time of taking leave" occurring in the same clause 

[(8) The phrase "at the time of taking leave" denotes a point in time and that point is the moment at which leave begins. If therefore, a Government servant proceeds on leave with effect from the forenoon of a day on which an increment falls due, this increment cannot be taken into account in the calculation of his leavesalary.   His increment does not begin to accrue until the previous midnight is past and by that time he is assumed to be on leave and therefore incapable of drawing increment because he is no longer on duty. (G.I., F.D., Nos. F. 454-R.I. 27, Dt. 10-12-1927 & F. 454-R.I. 27, Dt. 23-3-1928]

(9) Not Relevant. - As Revised Leave Rules, 1933 are in force.

Leave-salary of approved probationers

(10) As under Subsidiary Rule 2 to Rule 104 approved probationers in superior service are eligible to be granted such leave as would be admissible to them if they held their posts substantively, their leave-salary should also be governed by conditions applicable to permanent Government servants. They should, however, be granted under Rule 87 average pay only during period of leave on average pay, as they have no substantive pay in respect of any permanent post held by them.

Definition of pay occurring in the rule

[(11) The term 'pay' in the expression "his pay is less than Rs. 300/-" occurring in the proviso should be interpreted according to the definition in Rule 9(21)]. [G.I., F.D., No. 143-X-C.S.R., Dt. 24-2-1925]

An increment falling due during leave on average pay for four months taken on other than the first occasion after 1st January, 1922 does not take immediate effect but only from the date of the Government servant to duty. This does not however have the effect of postponing date of accrual of future increments.

Commutation of leave

(12) Not Relevant. 

[Note :-A Government servant elected to take leave on average pay in India for a certain period followed by leave on half average pay in England for a further period, though for a portion of the latter he was eligible for leave on average pay. The reason was that for the period of leave on half average pay which he spent out of Asia, he found it advantageous to draw the minimum rate of leave-salary.· He returned to India sooner than he expected and asked for the unexpired portion of his leave on half average pay to be commuted into leave on average pay as he could no longer enjoy the benefit of minimum leave-salary. By being allowed to take leave on half average pay first and then to commute a part of it into leave on average pay afterwards, an officer might manage to get average pay for a full year's leave instead of only for 8 months. The Comptroller and Auditor-General has held that an actionwhich would bring about such a result must be held to constitute a manipulation of the Fundamental Rules and that therefore such a commutation of leave on half'average pay into leave on average pay would be incorrect]. [C.A.G's. Endorsement No. 536-255/27, Dt. 9-11-1927, communicating copy of his Letter No. 535-A, 255-27 to the Examiner of Customs Accounts, Calcutta, Dt. 9- I I -1927)

(13) Not printed. In view of G.O.Ms. No. 437, Finance, 1976 this provision may not be operative. 

(14) Applications for extensions of leave by such a Government servant should be treated in the same way as similar applications from other non-gazetted servants.

(15) Not Relevant. 

F.R. 88. 

[Not relevant]

F.R. 89. 

[Not relevant]

F.R. 90. 

[Not relevant]

F.R. 91.

[Not relevant]

F.R. 92. 

[Omitted]

Authors' Note :-The Govt. of A.P. may consider to delete, in view of the introduction of Revised Leave Rules, 1933, and farther there are no employees at present governed by leave rules under F.Rs.

F.R. 93. 

A compensatory allowance should ordinarily be drawn only by a Government servant actually on duty, but the Government may make rules specifying the conditions under which a Government servant on leave may continue to draw a compensatory allowance, or a portion thereof, in addition to leave-salary. One of these conditions should be that the whole or a considerable part of the expense to meet which the allowance was given continues during leave.

Note :-See Subsidiary Rules under Fundamental Rule 44.

RULINGS

Treatment of vacation as "leave" for the purpose of Rule 93

(1) When vacation is combined with leave, the entire period of vacation and the leave should be taken as one spell of leave.

(2) [Not Relevant]

NOTIFICATION

Dearness Allowance - Admissibility of D.A. during Half Pay Leave

[G.O.(P).No. 21, Fin. & Pig., Dt. 19-1-1994]

Note :-For the text See notification in Annexure XIII

SECTION VI - Exceptions and Special Concessions

F.R. 93-A to 99.

[Not relevant].

F.R. 100.

[Omitted by G.O.Ms. No. 12, Finance, Dt. 16-1-1965].

F.R. 100-A.

Deleted

F.R. 100-B.

Deleted

F.R. 101.

The Government may make rules regulating the grant to Government servants under its control of-

(a) maternity leave to female Government servants; and

(b) leave on account of ill-health to members of subordinate services specified in such rules, whose duties expose them to special risk of accident or illness.  

Such leave is not debited against the leave account Subsidiary Rules under Rule 101 (a) - Maternity leave

[(1) A competent authority may grant maternity leave of full pay to married female Government servants for a period of ninety days]. [G.O.Ms. No. 219, Fin. & Pig., Dt. 25-6-1984]

Explanation :-The provisions of these rules shall apply to the grant of maternity leave in cases of confinement and shall apply to such leave in cases of miscarriage [including abortion] subject to the following modifications, namely: [Ins. by G.O.Ms. No. 129, Finance, Dt. 13-8-1985]

(i) that the leave does not exceed six weeks ; and

(ii) that the application for the leave is supported by a certificate from a Registered Medical Practitioner.

Note :-Approved probationers in superior service governed by the Andhra Pradesh Leave Rules, 1933, shall be eligible for maternity leave as for permanent Government servants.

(2) Maternity leave may be combined with leave of any other kind, but any leave applied for in continuation of the former may be granted only if the request be supported by a medical certificate.

[Note :-Regular leave in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the female Government servant producing amedical certificate to the effect that the condition of the ailing baby warrants mother's personal attention and her presence by the baby's side is absolutely necessary]. [G.O.Ms. No. 2391, Finance, Dt. 3-10-1960]

(3) All Heads of Departments and other competent authorities may grant maternity leave to women Government servants under their control subject to the restrictions laid down in the Subsidiary Rules under Rule 66.

Subsidiary Rules under Rule 101 (b) - Hospital Leave

(1) The grant of hospital leave is subject to the condition that the leave salary is not in addition to the benefits to which the employee may be entitled under Section 4(1)(d) of the Workmen's Compensation Act but is inclusive of them.

[(2) All last grade Government servants and subordinates of the following classes, whether in last grade or superior service are eligible for hospital leave Police Head Constables and Constables, Daffadars, Jails Matrons, and Head Warders and Warders, Foresters, Forest Guards, Forest Reserve Watchers, Head Warders, Warders and Servants in Mental Hospitals, Petty Officers of the Excise Department, Press Employees and Syces in the Animal Husbandry Department, Leading Fireman, Fireman, Firemen-drivers, Driver-mechanics, Workshop Staff, Ambulance Drivers and Ambulance Attendants in the Fire Service Department. [Vide Rule 46 of C.S.L. Rules, 1972]

(2-A) A Government servant who holds only temporary or officiating post and has no lien on a permanent post is not entitled to hospital leave. The provision shall not apply to a Police Constable or Head Constable or a Forest Reserve Watcher or a Leading Fireman or Fireman in the Fire Service Department or any of the employees of the Government Press including men paid from Day-extra establishment and menials paid from contingencies but exceeding those classified under Ministerial Services.

Note :-The concession will not apply to the workshop staff, fireman drivers, drivers, mechanics, ambulance-drivers or ambulance attendants as they do not undertake special risks in the course of their duties.

(3) Hospital leave on half average pay may be granted for a period not exceeding six months in every three years service to a Government servant of one of these classes mentioned in Subsidiary Rule 2 when he is detained in hospital or is receiving medical aid as an outpatient, that is to say, a Government servant may not take more than six months hospital leave before he has completed his third year of service, not more than si>.. months between completing his third year and sixth year of service and so on. It is inadmissible when such treatment is necessitated by intemperance or irregular habits. It may be combined with other leave which may be admissible provided that the total period of leave so combined shall not exceed 28 months.

(4) If the detention in hospital was due to an injury received or a disease contracted in the course of duty, and it is also certified not to have been due to imprudence, average pay may be allowed for a period not exceeding three months in every three years. If the medical officer certifies that the injury or disease necessitates detention in hospital, that there is no hospital within convenient distance to which the patient may be sent and that home treatment is possible, treatment as an out-patient may be considered to be detention in hospital for the purpose of this sub-rule.

(5) The following menials employed in the Government Medical Institutions are liable to contract illness in the performance of their duty. If the head of the office is satisfied that an illness has been contracted or aggravated through the discharge of their duty, they may be allowed half pay while it continues whether a substitute is paid or not ; but the period of leave on half pay shall not exceed six months in any one term of three years, whether the leave is taken in one period or by instalments; Dhobis, Barbers, Attendants, Ambulance Attendants, Lascars, Ayahs, Sweepers, Disinfecting Coolies, Cooks, Maties, Water-men and Women, Chauffeurs, or Ambulance Car Drivers, Drivers of Steam Laundries, Maistries and Assistant Maistries, Carpenters, Painters, Bricklayer and Mason, Tailors, Nursing Orderlies and Thoties.

RULINGS

Hospital leave to temporary or officiating servants

( 1) A Government servant who holds only a temporary or officiating post and has no lien on permanent post is not entitled to hospital leave, but only to leave under Rule 103.

(2) Maternity leave may be granted in continuation of other kinds of leave.

(3) Not Printed. As F.R. 87(b)(ii), it is to be deleted by Govt. -Authors. Calculation of hospital leave

(4 ) The exact intention of the Subsidiary Rules 4 and 5 under Rule 101 ( b) is as follows :-

(i) The six months' leave referred to in Subsidiary Rule 3 is admissible to the Government servants referred to in Rule 2 in every three years of service , that is to say, a constable may not take more than six months hospital leave before he has completed his third year of service ; not more than six months between completing his third and sixth year and so on.

(ii) The three months' leave on average pay referred to in Subsidiary Rule 4 should be reckoned as part of the six months referred to in Subsidiary Rule 3, that is, the Government servants mentioned in Subsidiary Rule 2 are eligible for three months' leave on average pay followed by three months' leave on half average pay in every three years of service. The total period of hospital leave should still not exceed six months during any period of three years. An application for hospital leave should be examined to see how much hospital leave the individual will have taken during the period of three years, counting back from the date on which the hospital leave applied for will expire.

Press Employees

(5) The Subsidiary Rules under Rule 101(b) are applicable to all "press employees" including piece workers, permanent and temporary, the men paid from the contingencies and those on daily wages.

6) The limit of eight months is not applicable when hospital leave is taken in combination with ordinary leave on average pay on medical certificate.

Explanation of detention in hospital

(7) Attendance by a policeman unfit for duty at a hospital as an out- patient is not "detention in hospital" for the purposes of the above rule.

F.R. 102.

[Not Printed]

F.R. 103. 

The Government may make rules regulating the leave which may be earned by-

(a) temporary and officiating service;

(b) service which is not continuous; and

(c) part-time service, or service which is remunerated wholly or partially by the payment of honoraria or daily wages 

Provided that such rules shall not grant more favourable terms than would be admissible, if the service were substantive, permanent and continuous.

The condition of an extra expense to the Government referred to in this rule shall not apply to the unpassed ex-settlement clerks re-employed in Revenue and other departments.

Subsidiary Rule under Rule 103(a)

1. A temporary Engineer of the Public Works Department may be granted leave on such terms and with such leave-salary as Government may think fit in eachindividual case provided that the leave and leave-salary are not in excess of those admissible to a Government servant subject to the A.P. Leave Rules, 1933.

2. Leave may be granted to any other Government servant without a lien on a permanent post while officiating in a post or holding a temporary post, provided that the grant of leave involves no extra expenses to the Government.

[On this condition, such a Government servant may be granted :-

(a) leave-salary equivalent to average pay upto one-eleventh of the period spent on duty, subject to a maximum of four months at a time, or

(b) on medical certificate, leave on leave-salary equivalent to half average pay for three months at any one time, or

(c) extraordinary leave under Rule 85 for three months at any one time.]

Note-1: The Govt. reserve the power to waive the proviso that there should be no extra expense in special cases.

Note 2 :-Not Printed. 

Note 3 :-Health Inspectors have been permitted to count their previous pensionable service under local bodies for leave in combination with subsequent Government service subject to the following conditions:

(i) such service should be allowed to count for leave in combination with the subsequent Government service provided the Health Inspector has completed his period of probation, and is not likely to revert from Government service ; and

(ii) the leave salary is debited to the local bodies concerned until the amount of leave at the credit of such Health Inspector at the time of transfer to Government service is entirely exhausted. In the case of Local Fund and Municipal servants who are merely acting or Probationary Health Inspectors, their leave should continue to be regulated by Subsidiary Rule 2 to Rule 103(a).

[Note 4 :-The grant of leave as terminal benefit to temporary Government servants governed by the Andhra Pradesh Leave Rules, 1933, contained in Annexure III to these rules is permissible subject to the following conditions

(1) Earned leave to the extent due and admissible at a time can be sanctioned to temporary Government servants (other than those employed on contract basis) at the discretion of the sanctioning authority on the termination of service.

(2) Such leave will be admissible when termination of service is on account of retrenchment or on the abolition of posts before attaining the age of superannuation even when the leave has not been applied for and refused in public interest.

(3) Such leave will not be admissible in the following circumstances :-

(a) where the employee concerned has been dismissed or removed from service, or

(b) where the services of the employee concerned have been terminated under Civil Services (Safeguarding of National Security) Rules, or 

(c) where the employee concerned resigns the post of his own volition, unless resignation is for reasons of ill-health, or for other reasons beyond his control provided that the sanctioning authority may in such cases grant, at its direction terminal leave not exceeding half the amount of earned leave to the credit of the Government servant concerned.

(4) In a case where any notice of termination of service is required to be given under the terms of employment of the temporary Government servant concerned, and where he is relieved before the expiry of the notice, such period of notice or the unexpired portion thereof should run concurrently with the leave granted.

(5) In a case where the services of a temporary Government servant are lent by commercial concerns or Semi-Government Organisations on terms which include the payment of leave salary contribution, such leave will be at the cost of and within the discretion of the parent employer and not of the Government.

(6) These benefits are not applicable to apprentices and persons in non-continuous employment of Government who will continue to be governed by the normal rules applicable to them]. [G.0.Ms. No. 319, Finance, Dt. 15-12-1965]

Explanation :-For the purpose of this Note the following are also treated as Temporary Government Servants :-

(a) re-employed pensioners who are treated as new entrants in the matter of leave subject to the condition that such pensioners will not be entitled to draw their pension during the terminal leave if the pension has been held in abeyance during the period ofre-ernployment;

(b) persons employed on contract basis for a period exceeding one year;

(c) unqualified persons who may have to vacate their temporary posts to make room for qualified candidates; and

(d) persons whose services may have to be dispensed with as a matter of administrative convenience as an alternative to the initiation of disciplinary proceedings against them.

[Exception: In the case of a Government servant officiating in a permanent post or holding a temporary post in a vacation department, leave granted under clause (a) of this rule shall be on leave-salary equivalent to half average pay ; provided that such a Government servant may be granted, under that clause, leave on leave-salary equivalent to average pay to the extent of one month for each year of duty in which he has availed himself of not more than 15 days of the vacation).[Govt. of India, Fin., Resolution No. 783-CSR., Dt. 8-7-1922]

3. If such a Government servant is, without interruption of duty appointed substantively to permanent post, his leave account will be credited with the amount of leave which he would have earned by his previous duty if he had performed it while holding a permanent post substantively, and debited with the amount of leave actually taken under Rule 2. Leave taken under Rule 2 is not an interruption of duty for the purpose of this rule. This rule has retrospective effect in the case of Government servants in permanent service at the time these rules come into force.

Temporary and officiating service rendered under the Government of India or any State Government and followed by confirmation under the Government of Andhra Pradesh without interruption of duty will, upto the extent mentioned above, be taken into account for the purpose of the leave account, provided that under the rules laid down by the other Government, such service would have counted had the Government servant in question continued in the service of that Government without a break of service till confirmation.

Subsidiary Rules under Rule 103(b)

Service in an establishment which is employed only at certain seasons in each year does not qualify for leave except in the case of men who are drafted into such an establishment from other permanent or temporary posts.

Subsidiary Rules under Rule 103(c)

1. Subject to the condition that the grant does not involve extra cost to Government, Law Officers and other part-time Government servants may be granted leave as follows

(i) if they hold permanent appointments, leave not exceeding that admissible to a full-time permanent Government servant; and

(ii) if they hold temporary or officiating appointments, leave not exceeding that admissible to a full-time temporary or officiating Government servant.

Note (i) :-This rule does not apply to part-time service in posts held as collateral charges by officers who have another main appointment under Government. In such a case, no leave is earned in respect of service in the collateral posts.

Note (ii) :-The condition that the grant should not involve extra cost does not apply to the part-time services of Post Officers.

2. Subsidiary Rule 1 of the Maternity Leave Rules issued under Rule 101 (a) applies to women employed under Government at piece-rates or daily rates in permanent or quasi-permanent concerns.

RULINGS

Leave of re-employed pensioner

(1) The service of a person who is re-employed after having retired on superannuation or retiring pension should be regarded as temporary and his leave regulated by Rule 103. [Vide also ruling under Rule 65(a)).

(2) A question having been raised whether it is necessary to extend the period of temporary post so as to cover the period of leave granted to its holder after he has ceased to perform the duties of the post, the Government of India have decided that an extension is expedient only in cases where the grant of leave is subject to the condition of no expense to Government but improper in the absence of this condition.

Extra Expenses

(3) (a) The term "extra expenses" occurring in Subsidiary Rule 2 under Rule 103(a) should be interpreted to mean the net extra cost to Government involved in the chain of officiating arrangements made in the vacancy of the absentee.

(b) The net extra cost of Government for the purpose of calculating the sum available for payment to the absentee should then be worked out as shown below:-

(i) leave reserve establishments :-Sum total of enhanced officiating Pay (acting allowances) granted to the Government servants in the chain of arrangements made in the vacancy of the absentee.

(ii) Non-leave reserve establishments :-Sum total of enhanced officiating pay (acting allowances) granted to the Government servants in the chain of arrangements made in the vacancy of the absence, as in (i) above, plus entire pay of the substitute, that is, the pay of the outsiders without a substantive post, appointed in the last place in the chain.

(4) The different kinds of leave referred to in clauses (a), (b) and (c) of Subsidiary Rule 2 to Rule 103(a) are cumulative and alternative.

(5) The interruption of duty referred to in Article 420(g) of the Civil Service Regulation constitute an interruption of duty within the meaning of this rule.

(6) For the purposes of Subsidiary Rule 3 under Rule 103(a) suspension should be treated as an interruption of duty and will involve the forfeiture of pastservice. [Note :-The Board of Revenue (Land Revenue and Settlement) have been empowered to declare that interruption of duty due to suspension will not involve the forfeiture of past service for purposes of leave in individual cases of the temporary subordinates of the Survey and Settlement Department provided that the whole record of the individual member is such as to justify exceptional treatment]. [G.O.Ms.No. 2023, Fin., Dt. 20-4-1937]

(7) Leave earned by an officiating Government servant without substantive appointment in one department may be carried forward on appointment to another department of Government, provided there is no break in the continuity of the Government servant's service.

(8) In the case of a Government servant without substantive appointment, who has been continuously in Government employ, service in a post borne on a work-charged establishment should not be regarded as an interruption of duty for the purpose of Subsidiary Rule 3 under Rule 103(a). The Service in the work-charged establishment will not, however, count as duty for purposes of leave-salary.

(9) Vacation may be combined with leave granted under Subsidiary Rule 2(a) under Rule 103(a) or under Rule 3 of the leave terms for Contact Officers issued in G.O. No. 423, Finance, Dt. 5-7-1935, and vacation when so combined should be treated as leave for the purpose of the limit prescribed in the above rules.

F.R. 104. 

During their period of probation or apprenticeship, probationers and apprentices are entitled to leave as admissible under instructions given below.

Subsidiary Rules under Rule 104

(1) In these rules-

(a) Probationer means a Government servant recruited with a view to substantive appointment to the cadre of a department on completion of his period of probation.

(b) Appren{ice means a person deputed for training in a trade or business with a view to employment in Government service, who draws pay at monthly rates from Government during such training but is not employed in or against a substantive vacancy in the cadre of a department.

(2) Leave may be granted to a probationer, who has not completed his period of probation, in accordance with the provisions of Subsidiary Rule 2 under Rule 103(a). If however, the probationer has completed the period of his probation and is awaiting appointment as a full member of the service, he may be granted such leave as would be admissible to him if he held his post substantively otherwise than on probation. The rule does not apply to probationer in the last grade service.

(3) Leave of the following kinds may be granted to an apprentice :-

(a) On medical certificate, leave on leave salary equivalent to half average pay for a period not exceeding one month in any year of apprenticeship.

(b) Extraordinary leave under the A.P. Revised Rules, 1933.

RULINGS

Leave to an apprentice

[(1) Under the Subsidiary Rule under Rule 104 an apprentice will be eligible in each year of apprenticeship for leave on half pay on medical certificate upto a maximum of one month but no accumulation of such leave is admissible]. [G.O.Ms. No. 1318, Development, Dt. 9-9-1926]

[(2) Apprentice on confirmation cannot count their apprentice period for leave as if it had been service rendered substantively in a permanent post. They are governed by Subsidiary Rule 3 under Rule 104 which provides only for leave during the apprentice period]. [ C.C.A's. Letter No'. 42-A-248/31, Dt. 3-2-193 2 to A.G., Central Revenues, communicated with his Endt. No. 42-218/31, Dt. 4-2-1932]

Leave to an approved probationer

[(3) An approved probationer can be granted leave only if he would have otherwise continued on duty]. [G.O.Ms. No. 2677, Home, Dt. 13-5-1939]

Note:- There is, however, no objection to more than one approved probationer being reckoned against the same vacancy if they are granted leave concurrently.

CHAPTER - XI: Joining Time

F.R. 105. 

Joining time may be granted to a Government servant, to enable him-

(a) to join a new post to which he is appointed while on duty in his old post ; or

(b) to join a new post :-

(i) on return from earned leave of not more than four months duration ; or

(ii) when he has not had sufficient notice of his appointment to the new post, on return from leave other than that specified in sub-clause (i); or

(c) to travel from the port of debarkation or, in the case of arrival by air, from its first regular port in India, and to organise his domestic establishment when he returns from leave, study leave or deputation of more than four months duration ; or

(d) 

(i) to proceed from a specified station to join a new post in a place in a remote locality which is not easy of access

;

(ii) to proceed on relinquishing charge of a post in a place in a remote locality which is not easy of access to a specified station

[Proviso (Not Relevant)]

[(e) The surplus staff transferred from one post to another shall be eligible for joining time.

(f) No joining time is admissible in cases of temporary transfer for a period not exceeding 180 days. Only the actual transit time, as admissible in case of journeys on tour, may be allowed]. [Added by G.O.Ms.No. 84, Fin., Dt. 15-4-1981]

Note 1 :-The following audit instruction has been issued under this rule :-

If vacation is combined with leave, joining time should be regulated under clause (b) (i) of Rule 105, if the total period of leave and vacation combined is less than four months' duration and under clause (c) if the leave out of India and vacation combined is more than four months.

[Note 2 :-Probationers holding training posts which they may be considered as taking with them on transfer are entitled to joining time on transfer under this rule. In other cases no joining time is admissible, but the time reasonably required for the jowneys between the place of training and the station to which the Government servant is posted immediately before and after the period of training shall be treated as part of that period.

In the case of a Civil Officer granted commission in the Army, Reserve of officers and of persons deputed for training in the Indian Territorial Army the period of training will not, however, include the time spent in journey to and from the station at which training is carried out]. [G.O.Ms.No. 17, Finance, Dt. 9-1-1970]

[Exception :-Section Officers and Assistant Section Officers in Secretariat Departments, Superintendents and Senior Assistants in the Office of Commissioner of Land Revenue, and Headquarters Staff of Andhra Pradesh Ministerial Service, may avail full joining time admissible as on transfer when they are deputed to undergo training as Tahsildars and Revenue Inspectors, as the case may be, in the districts.] [G.O.Ms.No. 143, Finance, Dt. 27-5-1970]

Note 3 :-Probationers and approved probationers in one service when appointed to the same or another service by direct recruitment shall be allowed joining time and transit pay but not travelling allowance.

[Note 4 :-Where a Government servant on return from leave has compulsorily to wait for orders of posting and such period of waiting is treated as duty, the joining timeshall be allowed to the Government servant in continuation of such period of waiting]. [G.O.Ms.No. 139, Finance, Dt. 7-4-1962]

RULINGS

1. to 3. [Not Relevant].

Admissibility of joining time to Government Servants sent for training 

4. If, in addition to the time actually required for the journey to and from the place of training, the need of a few days relief from work to prepare for departure exists, there is no objection to grant of casual leave for the purpose, provided that grant of the leave does not cause any evasion of the rules regarding date of reckoning for allowances and charge of office.

5. Assistant Collectors who are deputed for training in Survey and Settlement are eligible only for the time actually required for the journey, as joining time. As regards Sub-collectors deputed for Judicial training, there is a definite transfer from the executive to the Judicial line, and such officers should be allowed joining time

6. to 7. [Not Relevant].

8. A Government servant, on return from leave of not more than four months duration and transferred to a post which he was in additional charge at the time of his proceeding on leave, may be granted joining time under Rule 105(b)(i), provided there is a change of headquarters.

9. A Government servant who is deputed for training should be deemed to be on duty while on training, in the post he was holding immediately before proceeding on training and if he is posted at the end of the training to a different place he should be allowed joining time under Rule 105(a).

Note :-Joining time under th.is ruling is reckoned from the date of relief from training.

10. The term 'time actually required for the journey' occurring in Note 2 to Rule 105 and in the ruling thereunder means the period admissible under Subsidiary Rule 2 under Rule 106 to cover the actual journey.

F.R. 106. 

[The State Government] may make rules regulating the joining time admissible in each of the cases mentioned in Rule 105 and specifying the places and stations to which clause ( d) of that rule shall apply. Such rules should b e framed with due regard to the time required for actual transit and for the organization of domestic establishment. [G.0.Ms.No. 12, Fin. & Pig. (FW:FR.I) Dept., Dt. 7-2-1995)

Subsidiary Rules under Rule 106

1. Not more than one day is allowed to a Government servant in order to join a new post when the appointment to such post does not necessarily involve change of residence from the station to another :-

(a) A holiday or Sunday counts as a day for the purpose of this Rule. No joining time is admissible in cases where the change of post does not involve an actual change of office.

[(b) When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s)]. [G.0.Ms.No. 158, Fin., Dt. 26-5-1969]

2. In cases involving a change of station, the joining time allowed to a Government servant is subject to a maximum of 30 days, 6 days are allowed for preparation and, in addition a period to cover the actual journey calculated as follows:-

[(a) A Government Servant is allowed :

--------- Table ----------

[(b) (i) For purposes of journey by air under clause (a)(i) a part of a day should be treated as one day.

Note :-Except in the case of journey performed by air, which will be covered by the provisions in clause (a) (i) of Subsidiary Rule 2 of Rule 106, in cases where the old headquarters and new headquarters are connected by rail, the joining time shall be calculated as admissible for a journey by rail]. [G.O.Ms.No. 207, Finance, Dt. 6-10-1966]

[(ii) For any fractional portion of any distance described in clause (a)(ii), an extra day is allowed]. [G.O.Ms.No. 233, Finance, Dt. 16-7-1964]

(c) When part of the journey is by steamer, the limit of six days for preparation may be extended to cover any period unavoidably spent in waiting for the departure of the steamer.

[(d) Travel by road not exceeding 8 Kilometres to or from a railway station at the beginning or at the end of a journey does not count for joining time]. [G.O.Ms. No. 293, Finance, Dt. 5-4-1963].

(e) A Sunday does not count as a day for calculation in this rule, but Sundays are included in the maximum period of 30 days.

3. By whatever route a Government servant actually travels, his journey time, shall unless the Head of the Department for special reasons otherwise orders, be calculated by the route which travellers ordinarily use.

(4. The joining time shall be calculated from the old headquarters in all cases including where a Government servant receives his transfer orders or makes over charge of the old post in a place other than his old headquarters or where the headquarters of a Government servant while on tour is changed to the tour station itself or where his temporary transfer is converted into permanent transfer]. [G.O.Ms.No. 84, Fin., Dt. 15-4-1981]

5. (i) Within the maximum of 30 days, the Head of the Department may extend the joining time admissible by rule-

(a) when the Government servant has been unable to use the ordinary mode of travelling or, notwithstanding due diligence on his part has spent more time on the journey than is allowed by the rules, to the extent of the time actually taken; or

(b) when such extension is considered necessary for the public convenience or for saving such public expenditure as is caused by unnecessary or purely formal transfers to the extent necessary ; or

(c) when the rules have in any particular case operated harshly; as, for example, when a Government servant though no fault on his part misses a steamer or fallen ill on the journey to the extent necessary, on such condition as to allowances or otherwise as the Head of the Department may think fit.

Note 1 :- (i) The District Superintendents of Police in the case of subordinates of and below the rank of Sub-Inspectors and Deputy Inspector-General of Police in the case of Inspectors, are authorised to extend the joining time under this rule.

(ii) All other cases require the sanction of the State Government.

[Note 2 :-The District Collectors and the Special Collectors are authorised to extend the joining time under this rule in the case of non-gazetted staff under their control]. [G.O.Ms. No. 179, Finance, Dt. 19-6-1969]

6. When a Government servant, returning from leave or deputation out of India exceeding four months, takes joining time before joining his post, his joining time shall begin from the date of his arrival at the port of disembarkation, or, if he returns by air, from the day following that on which the aircraft in which he returns arrives at its first regular port in India, and be calculated from such port as prescribed in Rule 2 ; provided that where the joining time so calculated is less than ten days, he may avail himself of joining time for ten days.

[7. If a Government servant in transit to transfer is directed to proceed to a place different from that indicated in the initial transfer order, he shall be entitled to joining time already availed of upto the date of receipt of revised orders plus fresh spell of full joining time from the date following the date of receipt of the revised orders. The fresh spell of joining time in such cases shall be calculated from the place in which he receives orders as ifhe is transferred from that place]. (G.O.Ms. No. 84, Fin., Dt. 15-4-1981]

[8. If a Government servant takes leave while in transit from one post to another, the period which has elapsed since he handed over charge of his old post must be included in his leave. On the expiry of the leave the Government servant may be allowed normal joining time Provided that in cases where leave on medical grounds is taken after availing of normal joining time, the split-up of the spell of absence allowing joining time first and leave afterwards may be allowed to stand]. [G.O.Ms.No. 143, Fin., Dt. 27-5-1970]

[9. If a Government servant is appointed to a new post while on earned leave for not more than four months, his joining time shall be calculated from his old station or from the place at which he received the orders of appointment, whichever calculation will entitle him to the less joining time. If, however, such a Government servant actually performs the journey of his old station from the station where he was spending the leave for winding up his personal affairs, his joining time will be calculated from his old station to the new station, irrespective of the place where he spends leave or receives posting orders. A certificate to the effect that he had actually performed the journey from the station where he was spending the leave to the old station for winding up his personal affairs, should be furnished by the Government servant to the Head of the Office along with his charge report for assumption of the charge at the new station if he is a Gazetted or a non-Gazetted Government servant subordinate to the head of office].(G.O.Ms.No. 301, Finance, Dt. 27-7-1962]

In cases falling under this rule, when a Government servant joins his post before the expiry of his leave plus full joining time admissible, the period shorttaken shall be considered as leave not enjoyed, and a corresponding portion of the leave sanctioned shall be cancelled without any reference to the authority which granted the leave.

10. The authority which granted the leave will decide whether the notice referred to in Rule 105(b)(ii) was insufficient.

11. When vacation begins or holidays immediately preceding vacation begin, during or immediately after the expiry of the joining time admissible to a Government servant, or when a Government servant is transferred during a vacation, he may be permitted to join at the end of the vacation although the usual joining time is thereby exceeded.

12. When a Government servant under the administrative control of the State Government is transferred to the control of another Government which had made rules prescribing the amounts of joining time, his joining time for the journey to join his post under that Government and for the return journey will be governed by those rules, [unless different provisions are expressly made in terms of deputation/foreign service by mutual agreement between the lending and borrowing authorities]. [G.0.Ms. No. 497, Fin., Dt. 9-11-1972]

Note :-The authority sanctioning the transfer may in special circumstances, reduce the period of joining time admissible under the above rules.

[ 13. Government servants transferred at their own request may be allowed joining time subject to the condition that the authority sanctioning the transfer may reduce the period of joining time admissible to the extent necessary in the interests of public service]. [G.O.Ms. No. 497, Finance, Dt. 9-11-1972]

[14. For appointment to posts under the State Government on the results of a competitive examination and/or interview open to Government servants and others, State Government employees will be entitled to joining time under these rules. But temporary employees of the State Government who have not completed 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay.

15. The joining time shall commence from the date of relinquishment of charge of the old post, if the charge is made over in the forenoon or the following date if the charge is made over in the afternoon].

[G.0.Ms.No. 84, Fin., Dt. 15-4-1981]

RULINGS

1. The rules regarding joining time contained in Chapter XI of the Fundamental Rules are applicable to last grade employees.

2. to 4. [Not Relevant]

5. Transfers which do not involve change of building should not be treated as involving change of office for the purpose of this Rule and no joining time is admissible in such cases.

Note :-It is reasonable to allow joining time of one day in case where the transfer of charge of the post and talcing over by the relieved officer of another post cannot be done on the same morning, eventhough no change of building is involved. Government authorise the Heads of Departments to sanction one day's joining time in such cases with reference to the facts of each case.

6. [Not Relevant]

7. The Sunday immediately following the joining time, when the Government servant returns to duty on the following Mondays does not form part of the joining time. It should be suffixed to joining time as in the case of holidays for purposes of leave.

8. [Not Printed].

9. The period of joining time admissible to a Government servant who proceeds on earned leave not exceeding four months, from his old post and is at the end of it transferred to a new post at another station where he was spending his leave and receives the order of posting is only one day under Subsidiary Rule l to Rule I 06.

10. For the purpose of Subsidiary Rule 9, "the period short-taken" should be calculated with reference to the actual date of joining the new post and the assumed date of joining, i.e., the date on which the Government Servant would have joined the new post had he availed himself of the full period of joining time admissible to him under the rules.

F.R. 107. 

A Government servant on joining time shall be regarded as on duty, and shall be entitled to be paid as follows

[(a) A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay, equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to dearness allowance, if any appropriate to the joining time pay. In addition, he can also draw compensatory allowances like City Compensatory Allowance, House Rent Allowance as applicable to the old Station from which he was transferred. He shall not be allowed conveyance or fixed travelling allowance]. [G.O.Ms. No. 84, Fin., Dt. 15-4-1981]

(a-A) Officers of the Educational Department with or without substantive appointment who are deputed to undergo a recognised course of training, in a training institution may be allowed pay for the period spent in transit to and from the training institution at rates not exceeding half of the pay they drew prior to their deputation.

(b) [Not Relevant].

Note 1 :-[Not Relevant].

(c) [Not Relevant].

Note 2 & 3 :--Omitted. [G.O.Ms. No. 497, Finance, Dt. 9-11-1972)]

RULINGS

1. The question as to how (i) the period of taking over charge of a new post by a relieving officer is to be treated and (ii) the pay and allowances for such periods should be regulated in cases where the charge transferred consists of several stores and/or scattered worlcs which the relieving and the relieved Government servants are required to inspect together before the transfer of charge is completed, has been examined. It has been decided that the relieving Government servant should be treated as on 'duty', if the period spent in carrying out these inspections is not considered excessive by the Head of the Department and in the case of Public Works Department by the Superintending Engineers.

2. A question arose whether during the period occupied in handing over and taking over charge of several stores, and/or scattered works referred to in ruling (I) above both the relieved and relieving officers are entitled to free quarters or house-rent allowance in lieu thereof. It has been decided by the Comptroller and Auditor-General of India, in consultation with the Government of India, that the concession of house-rent allowance or free quarters ordinarily admissible to an Officer should be allowed to both the relieved, and the relieving officers, in the circumstances explaihed above]. (G.O.Ms.No. 2116, Finance, Dt. 3-11-1959]

3. Omitted by G.O.Ms.No. 497, Finance, Dt. 9-11-1972.

4. and 5. [Not Relevant].

6. For a Government servant, who while officiating in one post is appointed to officiate in another, the period of joining time spent in proceeding from one post to the other should be treated as duty in the post, the pay of which the Government servant draws during the period; and will count for increments in the same post under Rule 26(a). For a Government servant, who, while officiating in a post proceeds on training or to attend a course of instruction and who is treated as on duty, while under training, the period of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction if he is allowed the pay of the officiating post during such period.

7. [Deleted].

8. For the purpose of Rule 107(a), pay should be taken to be as defined in Rule 9(2 l )(a).

9. [Not Relevant].

10. Whenever a Government servant officiating in a higher post is in transit consequent on reversion to his substantive post, but is subsequently reappointed to the same officiating post, before taking charge of the substantive post, the claim for 'transit pay' should be based only on his substantive pay and such period of joining time will not count for increment in the officiating post.

l 1. to 14. [Not Relevant].

15. Deleted by G.O.Ms.No. 74, Finance, Dt. 7-3-1964.

F.R. 108. 

A Government servant who does not join his post within his joining time is entitled to no pay or leave salary at the end of the joining time. Wilful absence from duty after the expiry of the joining time may be treated as mis-behaviour for the purpose of Rule 15.

F.R. 108-A. 

A person in employment other than Government service or on leave granted from such employment; if in the interests of Government he is appointed to a post under [the State Government] may, at the discretion of the State Government be treated, as on joining time while he prepares for and makes the journey to join the post under the Government, and while he prepares for and makes the journey on reversion from the post underGovernment to return to his original appointment. During such joining time he shall receive pay equal to the pay or in the case of joining time immediately following leave granted from the private employment to the leave salary, paid to him by his private employer prior to his appointment to Government s ervice, or pay equal to the pay of the post in Government service, whichever is less. [G.O.Ms.No. 12, Fin. & Plg. (FW : FR-I), Dept., Dt. 7-2-1995].

P A R T - 05

CHAPTER - XII: Foreign Service

(FR 109 TO 127)

F.R. 109.

Omitted vide G.O.Ms.No:30, Fin. & Pig., Dt. 02-03-1995.

F.R. 110.

(a) No Government servant may be transferred to foreign service against his will Provided that this s ub-rule shall not apply to the transfer of a Government servant to the service of body, whether incorporated or not, which is wholly or substantially owned or controlled by the Government.

(b) A transfer to foreign service outside India may be sanctioned by the President of India.

(c) Subject to any restrictions which the President of India may by a general order impose, in the case of transfer to the service of a State, a transfer to foreign service in India may be sanctioned, by [the State Government] under which the State Government servant transferred is serving. [Subs. by G.O.Ms.No. 12, Fin. & Pig. (FW : FR-I), Dept., Dt. 7-2-1995]

Note :-The restrictions imposed by or under clauses (b) and (c) of Rule 110 on the powers of the State Government do not apply in relation to Government servants under their rule making control.

Delegations under Rule 110(c)

1. The Commissioner of Land Revenue may sanction transfer of non-gazetted Government servants under his control to foreign service in the State.

2. The Directors of Medical Education, Health and Family Welfare Departments may sanction the transfer of medical officers and subordinates of and below the rank of Assistant Surgeons to foreign service in the State.

3. The Registrar of Co-operative Societies may sanction the transfer of non-gazetted Government servants under his control to foreign service in the Co-operative Institutions in the State. The Joint Registrar of Co-operative Societies may sanction the transfer of Junior and Senior Inspectors of Co-operative Societies to foreign service in the Co-operative Institutions in the State.

4. The Director of School / Higher Education may sanction the transfer of non-gazetted Government servants under his control to foreign service under local bodies and private bodies.

5. The Director of Municipal Administration may sanction the transfer of non-gazetted staff under his control to foreign service under local bodies.

6. The Director of Treasuries and Accounts may sanction the transfer of non-gazetted Govt. servants under his control to foreign service in the State.

7. The Engineer-in-Chief of Irrigation & CAD, Roads and Buildings Departments may sanction the transfer of officers and staff of and below the rank of Deputy Executive Engineers under their control to foreign service in the State strictly in accordance with rules.

8. The Director of Fisheries may transfer non-gazetted staff to the Cooperative Institutions, Companies, etc., in the State on foreign service.

9. The Heads of Departments, may sanction the transfer of non-gazetted Government servants under their control, on foreign service to Mandal Parishads and Zilla Parishads. [G.O.Ms.No. 509, Fin .. Dt. 26-12-1970]

10. [Not Printed]

11. The Commissioner of Endowments may transfer non- gazetted staff of his Department on foreign service. [G.0.Ms.No. 509, Fin., Dt. 26-12-1970]

12. The Chief Conservator of Forests may sanction the transfer of nongazetted Government servants (both executive and ministerial) in the Forest Department to the Andhra Pradesh Forest Development Corporation, [and other Organisations like Paper Mills having relation with Forest Department in their working on foreign service terms. [G.0.Ms. No. 114, Fin., Dt. 17-3-1976 & G.O.Ms. No. 29, Fin., Dt. 19-1-1978)

13. The Director of Local Fund Audit may transfer Non-Gazetted Government servants, under his control to Foreign Service in the State. [G.O.Ms. No. 431, Fin., Dt. 7-12-1977]

14. & 15. The Chief Engineers (Panchayat Raj) and (RWS & Adrnn.) may depute the Assistant Executive Engineers of Deputy Executive Engineers of Panchayat Raj Engineering services on foreign service terms within the State strictly in accordance with rules. [G.0.Ms.Nos. 330 & 331, Fin., Dt. 17-11-1980]

RULINGS

1. to 3. [Not Relevant].

F.R. 111.

A transfer to foreign service is not admissible unless :

(a) the duties to be performed after the transfer are such as should, for public reasons, be rendered by a Government servant ; and

(b) the Government servant transferred holds, at the time of transfer, a post paid from general revenues ; or holds a lien on a permanent post, or would hold a lien on such a post had his lien not been suspended.

Note 1 :-The Government of India have held that the transfer of a temporary Government servant to foreign service is permissible.

Note 2 :-The loan of a Government servant to a private undertaking is to be regarded as a very exceptional measure requiring special justification on a rigorous application of tht: principle enunciated in clause (a) of this rule.

RULINGS

Government Servants on Probation

The transfer to foreign service from the date on which an individual is appointed to a post under Government on probation is permissible.

F.R. 112. 

If a Government servant is transferred to foreign service while on leave, he ceases, from the date of such transfer, to be on leave and to draw leave salary.

F.R. 113.

A Government servant transferred to foreign service, shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his transfer and may be given subject to the conditions prescribed under the second proviso to F.R. 30(i) such substantive or officiating promotion in those cadres as the authority competent to order promotion may decide. In giving promotion, such authority shall also take into account the nature of the work performed in foreign service.

F.R. 114.

 A Government servant in foreign service will draw pay from the foreign employer from the date on which he relinquishes charge of his post in Government service. Subject to any special restriction, which the Government may by general order impose, the amount of his pay, the amount of joining time admissible to him and his pay during such joining time will be fixed by the authority sanctioning the transfer in consultation with the foreign employer.

Delegations under Rule 114

[l. The authorities delegated with powers under F.R. 110(c) to transfer Government servants referred to in the delegation have power to fix the pay of such Govt. servants in foreign service, also subject to the following conditions] [Memo.No. 21282/240/F.R.-I/71-I, Dt. 14-6-1971]

(a) [Not Relevant]

(i) Payment of leave and pension contribution by the foreign employer;

(ii) Grant of travelling allowance under the Andhra Pradesh Travelling Allowance Rules;

(iii) Grant of House Rent Allowance and other Compensatory Allowances at the appropriate rates provided that :-

(1) such allowances are specifically admissible under the rules to the Government servants stationed in the same localities; and

(2) the foreign employer meets the cost of such allowances.

(c) In the case of medical officers and subordinates lent to local bodies, the pay shall be admissible in the cadres in which they held posts prior to their transfer but such Compensatory Allowances are attached to the posts in foreign service may be permitted to be drawn.

Note (1) :-The travelling allowance of a Government servant, both in respect of the journey on transfer to foreign service and journey on reversion therefrom to Government service will be borne by the foreign employer.

N.B.:-The above note applies even in cases where the Government servant, lent talces leave on reversion before joining duty under Government.

Note (2) :-The Following orders regulate the amount of remuneration which may be sanctioned by the Government, to a Government servant when transfer to foreign service is involved :-

1. The pay which a Government servant transferred to foreign service, shall receive in such service must be precisely specified in the orders sanctioning the transfer. Ifit is intended that he shall receive any remuneration, or enjoy any concession of pecuniary value, in addition to his pay proper, the extent, nature of such remuneration, or concession must be similarly specified. No Government servant will be permitted to receive any remuneration or enjoy any concession which is not so specified; and if the order is silent as to any particular remuneration or concession, it must be assumed that the intention is that it shall not be enjoyed.

2. No order of transfer to foreign service shall be issued by Government without previous consultation with its Finance Department. It shall be open to that department to prescribe by general or special order cases in which its consent may be presumed to have been given. (vide instructions under Rule 7)

3. The following two general principles must be observed by Government in sanctioning the conditions of transfer

(a) The terms granted to the Government servant must not be such as to impose an unnecessarily heavy burden on the foreign employer;

(b) The terms granted must not be so greatly in excess of the remuneration which the Government servant would receive in Government service as to render foreign service appreciably more attractive than Government service.

4. Provided that the two principles laid down in paragraph (3) above are observed, Government Pay sanction the grant of the following concessions by theforeign employer. Such concessions must not be sanctioned as a matter of course but in those cases only in which their grant is in accordance with local custom and is in the opinion of the Government justified by the circumstances. The value of the concessions must be taken into account in determining the appropriate rate of pay for the Government servant in foreign service :-

(a) The payment of contributions towards leave salary and pension under the ordinary rules regulating such contributions;

(b) The grant of travelling allowance under the ordinary travelling allowance rules of the Government or under the rules of the foreign employer, and of Fixed Travelling Allowance, Conveyance Allowance etc.;

[Note :-All India Service Officers, may be deputed to autonomous bodies. Corporations whether incorporated or not which are wholly or substantially owned or controlled by the State Government]. [G.O.Ms. No. 19, Finance, Dt. 20-1-1973]

(c) The use of tents, boats and transport of the foreign employer on tour;

(d) The grant of free residential accommodation which may be furnished in cases where the Government consider this to be desirable, on such scale as may seem proper;

(e) The use of motors and carriages of the foreign employer.

5. The grant of any concessions not specified in paragraph (4) above, requires the sanction of Government.

Note (3) :-When a Government servant is transferred to foreign service under a private employer, the authority sanctioning the transfer should require the employer to deposit security equivalent to three months' pay of the Govt. servant in foreign service.

For this purpose, the term "private employer" will not include -

Reserve Bank of India, Municipalities, all local bodies in the State, all Public Sector undertakings of the Government of India, and of the State. [G.O.Ms.No. 412, Finance, Dt. 16-12-1964]

Note (4) :-The whole expenditure in respect of any compensatory allowance for periods of leave, in or at the end of foreign service, shall be borne by the foreign employer.

RULINGS

Procedure on Retirement of Government Servants on Foreign Service

1. When any Government servant lent on foreign service conditions, retires from Government service, without at the same time retiring from service of his foreign employer, the Head of the Department or the Government shall communicate to the foreign employer, a statement showing the date of retirement and the amount of pension sanctioned to the Government Servant, so as to give the foreign employer, the opportunity, ifhe be so inclined of revising the then existing terms of employment.

2. [Not Relevant].

F.R. 115. 

(a) While a Government servant is on foreign service, contributions towards the cost of his pension must be paid to general revenues on his behalf.

(b) Contributions towards the cost of leave salary also must be paid.

(c) Contributions due under clauses (a) and (b) above shall be paid by the Government servant himself unless the foreign employer consents to pay them. They shall not be payable during leave taken while on foreign service.

(d) By special arrangement made under Rule 123(b), contributions on account of leave salary may be required in the case of foreign service outside India also, the contributions being paid by the foreign employer.

Note 1 & 2 :-[Not Relevant].

F.R. 116.

The rate of contributions payable on account of pension and leave salary shall be such as the State Government may by general order prescribe.

Note (1) :-The pension and leave salary contributions recoverable at the rates prescribed should be rounded off to the nearest rupee, fractions equal to 50 paise and above being rounded off to the next higher rupee. [G.O.Ms.No. 293, Fin., Dt. 25-8-1971]

Note (2) :-For the purpose of contribution for pension, Government servants have been classified in the following four grades.

---------------------------- Table -----------------------------------

In G.O.Ms.No. 34, Finance (FR-I) Department, dated 13-2-1968, orders amending rates of pension contribution payable during the active foreign service have been issued. The amendment came into effect from 1-4-I 967. Further, in G.O.Ms.No. 247, Finance (FR-I) Department, dated 26-8-1969, the following amendment has been issued :

"(1) In Annexure 'B' to Rule 116 for the existing provisions under the heading "Rates of monthly contribution for leave salary payable during active foreign service in respect of", the following Notes shall be substituted namely :-

Note 1 :-The rates of contribution for pension and leave salary specified in Annexure 'B' and in the table above for Class II Central Services, Class III Central Services and Class IV Central Services shall also apply to all the State and Subordinate Services including last grade service respectively, subject to the following modifications :-

( a) in case of members belonging to superior or last grade service subject to the A.P. Leave Rules, 1933, the rate of monthly contribution of leave salary shall be I 1% of the pay, he would have drawn from time to time in Government service, if his services are lent on foreign service terms and 11% of such pay plus deputation allowance in respect of deputation to other Governments.

(b) in respect of the posts specified in the schedule below, the rates of contribution for pension and leave salary fixed for Class 1 Central Service Officers shall apply.

Note 2 :-The maximum monthly pay is to be assessed as per the provisions of Note (2) FR. 116, following the Government of India resolution No. F1 (I ) -RII 37, dated 1-12-1938. As the Revised Rates of Pension Contribution mentioned in Annexure B, which came into force with effect from the 1st April, 1967, include an element for the grant of extraordinary pension also, the liability for the same will, in future fall on the State Government and there will be no necessity to include a separate clause in the foreign service terms to indicate the foreign employers liability in this respect". The amendment came into effect from 1-4-1967.

Annexure - A

Annexure - B

RULINGS

1. to 7. [Not Relevant]

[8. Contributions towards the leave salary and pensions of the officers and subordinates of the Co-operative Department lent to foreign service under Co-operative Societies should be recovered in accordance with Rule 127. If the person lent is allowed any additional pay during foreign service, the rate of leave salary contribution arrived at under Rule 127 should be increased pro rata by the rate of percentage addition on pay sanctioned during foreign service]. [G.O.Ms.No. 20, Finance, Dt. 23-1-1962]

9. In respect of temporary Government servants in foreign service, pension contribution should be recovered from the foreign employer at the rates prescribed in Rule 116.

F.R. 117.

(a) The rates of pension contribution prescribed under Rule 116 will be designed to secure to the Government servant the pension that he would have earned by service under Government if he had not been transferred to foreign service.

(b) The rates of contribution for leave salary will be designed to secure to the Government servant leave salary on the scale and under the conditions applicable to him. In calculating the rate of leave salary admissible, the pay drawn in foreign service, less, in the case of Government servants paying. their own contributions, such part of pay as may be paid as contribution will count as pay for the purpose of Fundamental Rule 9(2). In the case of a Government servant governed by the Andhra Pradesh Leave Rules, 1933, the pay in excess of that admissible under the State Government or the special pay or the deputation allowance drawn in foreign service shall not be taken into account for the purpose of calculating the contribution for leave salary.

[However, deputation allowance which is of the nature of special pay drawn by such Government servants while on deputation to other Governments shall count as pay for purposes of leave salary contribution]. [Added by G.O.Ms.No. 247, Fin., (F.R.-1) Dept., Dt. 26-8-1969, w.e.f. 8-4-1964]

Note (i) :-The sub-rule (b) of F.R. 117 was substituted by G.O.Ms.No. 89. Finance and Planning (FW-F.R.-1) Department, Dt. 3-4-1975 as follows:

"(b) The rates of contribution for leave salary will be designed to secure to the Government servant leave salary on the scale and under the conditions applicable to him. In calculating the rate of leave salary admissible, the pay drawn in foreign service, less. in the case of Government servants paying their own contributions, such part of pay as may be paid as contribution will count as pay for the purpose of leave salary. In the case of a Government servant governed by the Andhra Pradesh Leave Rules, 1933 the leave salary contribution will be recovered @11 % of pay drawn in foreign service".

Note (ii) :-In G.O.Ms.No. 289, Finance and Planning (Finance Wing. F.R.1) Department dated 27-10-1975 the above notification was cancelled through the following notification :-

"In exercise of the powers conferred by the proviso to Article 309, read with Article 313 of the Constitution of India. the Governor of Andhra Pradesh hereby cancels the notification issued in G.O.Ms.No. 89, Finance and Planning (Finance Wing F.R.I) Department, Dt. 3-4-1975 and published at page 496 of Part I of the Andhra Pradesh Gazette, dated 19th June, 1975, provided that such cancellation shall not affect the cases in respect of which final decision has not been taken".

Note (iii) :-In G.O.Ms.No. 197, Finance and Planning (Finance Wing. F.R.I) Department. dated 15-6-1976, the following amendment is issued to the Notification issued in G.O.Ms.No. 289, Finance Department, dated 27-10-1975.

"In exercise of the powers conferred by the proviso to Article 309. read with Article 313 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendment to the Notification issued in G.O.Ms.No. 289, Finance and Planning (Finance Wing F.R.I) Department, Dt. 27-10-1975 and published at page 1147 of Part I of the Andhra Pradesh Gazette, dated 20-11-1975. The amendment hereby made shall be deemed to have come into force on the 3rd April, 1975".

Amendment

In the said notification for the words "provided that such cancellation shall not affect the cases in respect of which final decision has not been taken" the following shall be substituted, namely :-

"Provided that such cancellation shall not affect :-

(a) the previous operation of the said order or anything duly done thereunder;

(b) any right, privilege, or obligation or liability acquired, accrued or incurred under the order ; and

(c) any action or proceedings in respect of any such right, privilege, obligation or liability and any such action or proceeding may be continued, as if the said order has not been cancelled".

Note (iv) :-Subsequently in G.O.Ms.No. 364, Finance and Planning (FW - F.R.I) Department, dated 15-10-1977, the following notification is issued in cancellation of the notification issued in G.O.Ms.No. 197, Finance Department, dated 15-5-1976.

"In exercise of the powers conferred by the proviso to Article 309, read with Article 313 of the Constitution of India, the Governor of Andhra Pradesh hereby cancels the notification issued in G.O.Ms.No. 197, Finance and Planning (Finance Wing F.RI) Department, Dt. 15-5-1976, published at page 580, Serial No. 98 of Part I of Andhra Pradesh Gazette, Dt 10th June, 1976".

F.R. 118.

 Omitted.

F.R. 119.

 In the case of transfer to foreign service, the State Government may-

(a) remit the contributions due in any specified case or class of cases, and

(b) make rules prescribing the rate of interest, if any, to be levied on overdue contributions. [G.O.Ms.No. 37, Fin. & Pig. (FW:FR.I) Dept., Dt. 9-3-1995]

Subsidiary Rules under Rule 119(b)

1. Contributions for leave salary or pension due in respect of a Government servant on foreign service may be paid annually within fifteen days from the end of each financial year, or at the end of the foreign service, if the deputation on foreign service expires before the end of financial year. If the payment is not made within the said period, interest must be paid to Government on the unpaid contribution unless it is specially remitted, at the rate of 7.3% per annum from the date of expiry of the period aforesaid upto the date on which the contribution is finally paid. The interest shall be paid by the Government servant or the foreign employer according as the contribution is paid by the former or the latter.

[2. The leave salary and pension contributions should be paid separately, as they are creditable to different heads of accounts, and no dues recoverable from Government on a ny account should be set off against these contributions.] [G.O.Ms.No. 291, Finance, Dt. 20-8-1977]

[Note :-If for any reason, the provisional or final rates of contributions are not communicated to the foreign employer in time (i.e., before the instalments become due). the penal interest shall be levied after a period of one month from the date of issue of the orders communicating the provisional rates by the sanctioning authority. [G.O.Ms. No. 416. Finance. Dt. I 0-11-1970]

3. If any amount due, including interest, is not paid within twelve months of its accrual, the Head of the Department or the Officer maintaining the record of foreign service shall intimate to the Government servant the amount due up-to-date, and infonn him that in consequence of the default he has forfeited his claim to pension and leave salary as the case may be. In order to revive his claim the Government servant must at once pay the amount due and represent his case to the Government who will finally deal with it.

4. Interest on overdue contributions will not be remitted by Government, save in very exceptional circumstances.

RULINGS

[Not Relevant]

F.R. 120.

 A Government servant in foreign service may not elect to withhold contributions and to forfeit the right to count as duty in Government service, the time spent in foreign employ. The contributions paid on his behalf maintains his claim to pension, or pension and leave salary, as the case may be, in accordance with the rules of the service of which he is a member. Neither he nor the foreign employer has any right of property in a contribution paid, and no claim for refund can be entertained.

F.R. 121.

 A Government servant transferred to foreign service may not, without the sanction of [the Sate Government], accept a pension or gratuity from his foreign employer in respect of such service. [G.O.Ms.No. 12, Fin. & Plg. (FW: FR-I) Dept. Dt. 7-2-1995]

F.R. 122. 

A Government servant in foreign service may not be granted leave otherwise than in accordance with the rules applicable to the service of which he is a member, and may not take leave or receive leave salary from Government, unless he actually quits duty and goes on leave.

F.R. 123.

 (a) A Government servant in foreign service out of India, may be granted leave by his employer on such conditions as the employer may determine. In any individual case, the authority sanctioning the transfer may determine beforehand, in consultation with the employer, the conditions on which leave will be granted by the employer. The leave salary in respect of leave granted by the employer will be paid by the employer and the leave will not be debited against the Government servant's leave account.

(b) In special circumstances, the authority sanctioning a transfer to foreign service out of lndia, may make arrangement with the foreign employer, under which leave may be granted to the Government servant in accordance with the rules applicable to him as a Government servant, if the foreign employer pays to general revenues leave contribution at the rates prescribed under Rule 116.

RULING

[Not Relevant]

F.R. 124.

A Government servant in foreign service, if appointed to officiate in a post in Government service, will draw pay calculated on the pay of the post in Government service, on which he holds a lien or would hold a lien, had his lien not been suspended and that of the post in which he officiates. His pay in foreign service will not be taken into account in fixing his pay.

F.R. 125.

A Government servant reverts from foreign service to Government service on the date on which he takes charge of his post in Government service Provided that if he takes leave on the conclusion of foreign service before rejoining his post his reversion shall take effect from such date as [the State Government] on whose establishment he is borne may decide. [G.O.Ms.No. 12, Fin. & Plg. (FW: FR-I) Dept. Dt. 7-2-1995]

Delegation under Rule 125

The authority which granted the leave is empowered to decide the date of reversion of the Government servant returning after leave from foreign service. If joining time or travelling allowance or both will be admissible to the officer, the date of reversion from foreign service should not be earlier than the date on which he will take charge of the post in Government service, unless the foreign employer agrees to pay the transit pay (including leave and pensionary contribution) and the travelling allowances.

F.R. 126.

When a Government servant reverts from foreign service to Government service, his pay will cease to be paid by the foreign employer, and his contributions will be discontinued, with effect from the date of

reversion.

F.R. 127.

When an addition is made to a regular establishment on the condition that its cost or a definite portion of its cost shall be recovered from the persons for whose benefit the additional establishment is created, recoveries shall be made under the following rules :-

(a) The amount to be recovered shall be the gross sanctioned cost of the service, or of the portion of the service, as the case may be, and shall not vary with the actual expenditure of any month.

(b) The cost of the service shall include contributions at such rates, as may be laid down under Rule 116, and the contributions shall be calculated on the sanctioned rates of pay of the members of the establishment.

Note :-[Not relevant].

(c) [The State Government] may reduce the amount of recoveries or may entirely forego them. [G.O.Ms.No. 12, Fin. & Plg., 7-2-1995]

Note :-This Rule is applicable to temporary as well as permanent establishments. If in any case it is certain that pensionary claims will not arise, application may be made for the waiver under Rule 127(c) of the recovery of the contribution for pension.

Instructions under Rule 127

1. No contribution need be recovered from Local Bodies, and Municipal Councils on account of :-

(a) Panchayat and Town Surveyors for the periods during which they are on leave without a substitute;

(b) Chairman employed under the Panchayat and Town Surveyors for the periods during which they are granted leave without pay, and without a substitute.

2. No contributions need be recovered from Local Bodies on account of the Government Medical Officers attached to Local Fund and Municipal Medical Institutions, or the periods during which the posts of Medical Officers in the institutions are kept vacant at the instance of, or with the approval of the Director of Health, provided that these periods shall not include periods of the absence of the officers on casual leave, or on other duty to which they are deputed by local bodies.

3. [Not Relevant]

Delegation under Rule 127

The Registrar of Co-operative Societies is empowered to sanction the following allowances, in the case of the non-Gazetted Officers of his department holding posts sanctioned under this rule :-

Grant of house rent allowance, and other compensatory allowances at the appropriate rates, provided that-

(i) such allowances are specifically admissible under the rules to Government servants stationed in the same localities; and

(ii) the entire cost of such allowances is recovered from the institution for whose benefit the Government servant is employed;

(iii) the Special Category, [Deputy Registrar of Co-operative Societies is empowered to create posts under F.R. 127 subject to Budget provision in regard to all non-Gazetted staff in the district]. [G.O.Ms.No. 285, Fin., Dt. 22-10-1975]

[(iv) The Director of Industries and Commerce is empowered to depute the non-Gazetted staff working in his department to the Corporations etc., on the normal terms and conditions of foreign service]. [G.O.Ms.No. 320, Fin., Dt. 19-11-197]

RULINGS

1. [Not Relevent].

2. The whole expenditure on account of cost of living and dearness allowance, compensatory allowances and house rent allowances for the periods of leave should be included for purposes of recovery under Rule 127 (b), and no addition need be made in respect of pension contribution, as such dearness allowance does not count towards pension.

3. Health Officers deputed to festival or epidemic duties under the Local Bodies, should be dealt with under Rule 127, and recoveries effected from the Local Bodies concerned in accordance with clauses (a) and (b) of that rule.

4. It is not necessary to issue any general orders fixing a time limit and a rate of penal interest in respect of recoveries made in the case of additional establishment falling under Rule 127. Recovery of Pensionary contribution on the special pay drawn. by member of establishments falling under Rule 127

5. In the case of members of State and Subordinate Services the term pay occurring in ruling (2) under Rule 127 should be taken to include also 'special pay'. Special pays drawn, by members of Superior Service do not however count for the purpose of recovery of pension contribution to be recovered in their cases, is the average of the rates prescribed in Rule 116.

6. & 7. {Not Printed}.

8. Unless recovery of contribution is waived by Government the average cost of the posts sanctioned under Rule 127 should include that of vacant posts.

[Paras 2 & 3 Not Relevant]

9. In the case of establishments created under Rule 127, the transit pay and the travelling allowances both ways also should be recovered from the person or body for whose benefit the additional establishment is created. No recovery need, however be made when a change is effected in the personnel of the establishment for reasons for which the person or body is not responsible (e.g., in case of change of cfficers made for the convenience of Government service). The recoveries made towards transit pay should be based on the gross sanctioned cost of the service and should include contributions for leave salary and pension.

Note :-[Not Relevant]

10. The usual proportion of one-third of the pay of Chairman employed under a Town Surveyor may be debited to State Fund when the Town Surveyor is absent on leave and no substitute is appointed:

Provided that-

(a) the period of absence of the Town Surveyor does not exceed one month, and

(b) another Town Surveyor is placed in additional charge.

11. [Not Relevant]

12. The pay of all Assistant District Health Officers will be met in the first instance from State Funds and 50 percent of the average cost of the posts of officers including proportionate leave and pensionary contributions will be recovered from the Local Bodies concerned. The travelling allowance of the officers for tours within the district for the discharge of their duties shall be met from the funds of the Local Bodies concerned. The transit pay and travelling allowance of the officers when transferred from one local body to another or from the Government Department to a local body will be met from the State Funds.

The recovery of contributions may be waived for the periods during which the posts of the Assistant District Health Officers under a Local Body is vacant, provided that the period of vacancy exceeds 14 days in each case.

Whenever the Commissioner of a Municipality holds additional charge of the post of Municipal Health Officer, for not less than one month, additional pay at the rate of one-tenth of his pay as Commissioner may be allowed to him from out of the funds of the Municipal Council for the period during which he held such additional charge. During that period the recovery of the contributions due from the Municipal Councils towards the pay, leave allowance and pension of the Health Officer may be waived. Formal orders of the Government sanctioning the waiver of recovery of contribution in each individual case are not necessary. It is sufficient, if the Director of Health intimates the audit, the period for which any particular post is vacant.

13. No pension contribution need be recovered in respect of establishment manned by personnel who have retired from Government on pension and have been re-employed on Government work as no pensionary liability is incurred in respect of such persons.

14. [Not Relevant]

15. The contributions in respect of Municipal Health Officers and Assistant District Health Officers lent to Local Bodies under Rule 127 should not include dearness allowance. The amount of dearness allowance paid to them should be recovered from the Local Body concerned with reference to the amount of dearness allowance actually drawn during such leave, viz., at 50 percent in the case of Assistant District Health Officers and 25 percent in the case of Municipal Health Officers.

16. The recoveries to be made in respect of the additional establishments sanctioned under Rule 127 are given below :-

(i) Average cost plus Special pay based on the average cost,

(ii) Dearness Allowance based on the average cost plus special pay (based on the average cost),

(iii) House Rent Allowance based on the average cost or the average cost plus special pay as the case may be,

Note :-The recovery of House Rent Allowance should be based on the rate admissible for the place where the post is located. Where House Rent Allowance is not admissible for any place, no recovery in respect of this allowance should be made.

(iv) Other Compensatory Allowance based on the average cost or average cost plus special pay as the case may be,

(v) Leave salary contribution based on (i) to (iv) above, if the Government servant is governed by Andhra Pradesh Leave Rules, 1933.

(vi) Pension contribution based on the total of the monthly maximum pay of the time scale attached to the post sanctioned, and special pay in relation to that maximum. The contribution is recoverable in respect of non-permanent Government servants also who have no substantive posts.

Note :-[Not Relevant]

CHAPTER - XIII: Service under Local Funds

(FR 128 TO 130)

F.R. 128.

Government servants paid from Local Funds which are administered by Government are subject to the provisions of Chapter I to XI of these rules.

F.R. 129.

The transfer of Government servants to service under Local Funds which are not administered by Government will be regulated by rules in Chapter XII.

F.R. 130.

Persons transferred to Government service from a Local Fund which is not administered by Government will be treated as joining a first post under Government and their previous service will not count as duty performed. (The State Government) may, however, allow previous service in such cases to count as duty performed on such terms as it thinks fit. (vide G.O.Ms.No. 12, Fin. & Plg., Dt.7-2-95).

OPEN - Fundamental Rules - References (open)

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