GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Services - Applicability of ruling under F.R. 26(a) - conferring of right to draw increment or any benefit or concession on the Government servants on the day following the last day of the examination or test which an individual passes – Clarification - Issued.
GENERAL ADMINISTRATION (SERVICES-A) DEPARTMENT
GO.Ms.No.270 Dated:30-4-1984
Order:
The issue
relating to the correct view that has to be taken on the applicability of
ruling under Fundamental Rule 26(a) i.e. conferring of right to draw increment
or any benefit or concession the Government Servants on the day following the
last day of the examination or test which an individual passes to matters
relating to seniority, promotion, etc., has been under the consideration of
Government for some time past. To see the matters free from doubt and to avoid
the scope of misinterpretation to the above ruling, the following clarification
is issued with a view to have an uniform pattern while deciding such cases in public
services.
2. The ruling under Fundamental Rule 26(a)
reads as follows:
"(1) If a probationer is confirmed at
the end of a period of 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 titles should be 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 etc.,
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. The Andhra Pradesh Administrative Tribunal, in a case, has observed that the ruling under Fundamental Rule 26(a) cannot be interpreted to affect adversely the rights which accrued to another person service who had been validly promoted under rules. In fact, it cannot be stretched to reverse the seniority of or the right accrued to any particular individual. The ruling under Fundamental Rule 26(a) has to be in consonance with the principles of natural justice and cannot have the result of reversing the seniority of a person validly promoted under the rules.
4. The aforesaid ruling (2) under Fundamental Rule 26(a) prescribed the conditions for the grant of increments. It is now a settled principle of interpretation that the context in which a provision is made should not be lost sight of. In view of this, ruling (2) under Fundamental Rule 26(a) should not be read in isolation and it has to be confined only to the sanction of increments and its scope cannot be widened out of context to matters relating to seniority, promotions, etc.
5. All Departments of Secretariat, Heads of Departments are therefore, requested to keep the above position in view while examining cases under the provisions of Fundamental Rule 26(a).
(By order and in the Name of the Governor of Andhra
Pradesh)
K.OBAYYA
Secretary to Government
State and Subordinate Service Rules (open)
Good metirial received
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