Service Rules - Questions

1.  To whom are the Fundamental Rules applicable?

A. Under FR 2 the Fundamental Rules are applicable to the Government Employees who are paid from consolidated Funds of the State and not applicable to the Employees who are paid from contingency fund and part time work who are paid from contingency fund.

2.  Can the head of an office automatically apply the provisions in these Rules?

A. Under FR 7, the powers of each functionary are laid down.  He has to obtain the permission of higher authority for the items not covered in FR 7.

 

3.  Supposing the Head of the office has a doubt in regard to these Rules, what is the position?

A. Under FR 8, if there are any doubts, the concerned authority has to approach the Government since the Government are only authority to give clarification.

 

4.  Can a Head of a Department relax the provisions of these Rules in case of hardship to the Employees in the application of the particular Rule?

A. Under FR 5, the powers of relaxation of Rules are in the hands of Government only. Hence the Head of the Department cannot relax the Rules.

 

5.  Can a Head of a Department delegate the powers vested on him under these Rules to his Subordinates?

A. As per FR 6, and 7, the Government only are the competent authority to delegate powers. The Finance Department has to be consulted in this regard. The Head of a Department cannot delegate their powers on their own accord without permission and concurrence of the Finance Department.

 

6. What are the components of the duty period?

A.     The following are the components of duty periods

a)      Service in a post

b)      Joining time

c)      Training period

d)      Foreign duty with the permission of Government

e)      The period spent in foreign service

f)       Pension and contribution

g)      Leave salary contribution are paid by the Foreign Employer.

 

7.  What are the limitations in regard to acceptance of Fees?

A. Source is other than the consolidated amount paid by Govt., Rs.  250/¬ per annum, If it is recurring the ceiling being Rs. 400/- per annum, if it is non-recurring, 1 /3 has to be paid to Government. The employee can receive @ Rs. 400/- subject to stipulation under FR 9.

 

8. Can a Government servant accept honororia without any restrictions?

A. No, under FR 9 and FR 49 Rules relating to acceptance of honororia are clearly mentioned. Unless he gets permission, he cannot receive any honoraria from sister Government organisation.

 

9.  What is meant by compulsory wait and who is the competent authority to regularise a period of compulsory wait?

A. The period of compulsory wait to join a new post for a Government Employee is called compulsory wait. It has to be sanctioned by the Government in the Finance Department. Powers are delegated to the different Departments in the Secretariat to regularise compulsory wait for a period of 30 days.  In the case of any delay the competent authority should be consulted.

10. What is meant by Special Pay? Does it count for calculation of the allowances and for purpose of Pay Fixation?

A. Special Pay is an addition to the pay and allowance normally drawn. The Special Pay cannot be counted for the Pay, in the case of promotion and transfer. In the case of Stenographers and Typists only the Special Pay may be merged when they get promotion to higher posts.  The facility applies to those who are in service on 24-4-98. 

11. When is a Subsistence allowance payable?

A. It is payable to a person who is not in receipt of Pay and when a Government Employees who is placed under Suspension as per Rules contained in FR 53.

12. What is meant by Identical Pay Scale?

A. Under FR 9, Section-39, an Identical Pay Scale means, Pay Scales of whose minimum, and maximum are same.

13. What is meant by the term efficiency bar?

A. In the new scales 1978 and 1992 there is no provision for efficiency bar.

14. What is meant by the term 'lien'?

A. lien is a title of on employee to hold substantive post as per G.O.Ms. No. 663, confirmation of an employee in the first entry post is a necessity.

15. What is the Significance of certificate of health?

A. Under FR 10, the format of certificate of health. Whether there is any limitation to utilise the service of the employee both physically and mentally. It is necessary for every Government employee, soon after joining of the service.

 

16. What is the maximum period of leave, an employee con be granted under special circumstances?

A. Under FR 18, no Government servant can be granted any type of leave, for a period exceeding Five years.

17. What is meant by the term diesnon?

A. Under FR 18, term diesnon means the wilful absence from duty. The period does not count for Pension, Increment, the employees is not entitled for salary etc.

18. Can the head of an office insist his subordinate to discharge official duties on a public holiday? 

A. Under FR 11, if the urgency of the work required the Head of office can ask the employee to attend office on a public holiday.

19. Can a probationer be subjected to fresh medical examination during the period of probation?     

A. The Head of the office feels that the health of the employee is deteriorated after joining duty a fresh medical examination can be asked to produce vide FR 10.

20. When there is a transfer of an employee from one post to the other is additional time granted to enable handing over of charge to the successor?        

A. If there are large stores in-charge of employees and the transfer is a place having no change involving into another quarters the Head of Department may allow one day to hand over charge to successor to the usual joining time of one day. In case of normal joining time, the periods ore standardized by the Government.

  

21. How ore the services of a Government employee regularised when he is working outside the Deportment and proceeds on leave directly from the borrowing deportment and when the leave is granted by the borrowing Department?  

A. Under Rule No. 5 FR 17, when an employee with another Department which is called borrowing Department, proceeds on leave and leave is granted by borrowing Department, the services on leave and the replace are at the disposal of the lending Deportment only on the termination of the sanctioned leave. The transformation should be regularised as per the normal rules in force.    

 

22. Con the Head of an office admit an employee who has unauthorisedly absented himself from duty pending regularisation of the period of unauthorised absence? 

A. Under FR 18, the Head of the office necessarily has to admit an employee.

 

23. Who can sanction leave applied by a Government Employee for under- taking employment abroad?

A. In case of employment abroad, the sanctioning authority is the Government.

 

24. What is the procedure in regard to serving of notice on employee who has been absent unauthorizedly from duty?

A. Under FR 18, if a government employee is absent, the competent authority has to initiate disciplinary action. The charge has to be communicated to the employee by register post with acknowledgement due. If the employee refused to receive notice or is not available the notice has to be published in the A.P. Gazette and it will be deemed to have been served on the employee.

25. What is meant by the next below Rule?

A. Under FR 19, it means to extend the benefit of higher pay of the person, who is working in foreign service to his senior who is not disturbed and in the regular line.

26. What is the Significance of the Master Pay Scale?

A.  2500 - 19500 is the Master Pay Scale.  All the different Scales are fitted in this scale.

27. What are the emoluments taken into consideration in respect of a Pay fixation?

A. In respect of Pay fixation only basic pay has to be taken into consideration. However, the special pay of a Typist can be taken into consideration.

28. Is it a necessary condition that a pay fixation arises only when the employee is appointed in a time scale?

A. As per FR 35, the pay of an employee can be fixed at a stage below the minimum of time scale. In the case of consolidated pay the pay fixation does not arise. 

 

29. Is a Pay fixation allowed where an employee of an autonomous Government Corporation is appointed to Government service on direct recruitment?

A. There is no such provision.

30. A Regular Government Employee working in another Government Deportment on section by direct recruitment to another post under the Government of Andhra Pradesh is allowed the benefit of Pay fixation taking into consideration the Pay drawn by him in the earlier post but if there is no stage in the new Pay scale equivalent to the pay drawn by him in the earlier post, what is the action taken?

A. In such cases the pay is fixed in new scale, which is next below the pay drawn. The difference has to be shown as personnel pay.  The personnel pay will be merged in the pay at the time of sanctioning next increment.

31. We have seen under FR 22 a(iv) that the pay drawn by an employee in the old post as a result of regular recruitment on direct recruitment to another post is protected. Is it permissible in such cases to have a refixation under FR 31 (2) when there is a notional increase in the pay drawn by the employee in the old post as is down in the regular promotions in the Department?

A. There is no provision for a second pay fixation under FR 31 (2).

32. How is the pay of employee on deputation outside the regular line regularised on repatriation to the department in the same post which held before deputation outside?

A. The pay drawn by the employee in regular line will be protected on repatriation to regular deportment, if repatriation to the same new post, the pay will be protected on promotion there is no provision to drawn difference between the pay paid.

33. What is the marked difference between a pay fixation under FR  22 a(i) and FR 22(b)?

A. The marked difference between the pay fixation under FR 22 a(i) and FR 24(6) fixation stipulates the pay should be fixed at a stage next above drawn by the employee in the lower post. FR 22 pay fixation is permissible only in respect of promotion.

34. What is the time allowed for exercising an option for pay fixation under FR 22(8)?

A. The time allowed for exercising an option for pay fixation under FR 22(8) is one month from the date of taking charge of the post.

35. If no option is exercised within one month of the date of promotion how is the pay fixation under FR 22(6) regulated?

A. In such cases pay fixation under FR 22(6) is date of promotion.

 

36. Can a Drawing Officer automatically allow a pay fixation under special grade SPP (1) and SPP (11), the moment required service is completed?

A. No, the competent authority who orders for advancement of special grade promotion is appointing authority and Drawing Officer is not the appointing authority. He cannot allow automatically.

 

37. What is the advancement scheme applicable to those employees like Attenders, Drivers, Roneo operators who do not have promotional avenues to the next higher post?

A. The Attender, Roneo operator, Driver who do not have promotional avenues to the next higher grade or SAPP (1), SAPP (11). They will be allowed special grade after completion of SAPP service.

 

38. Can the pay of an employee be fixed at a stage below the minimum of the pay scale?

A. Generally, it is not possible to fix at stage minimum pay scale.  As per FR 35, the pay of an employee can be fixed at a stage below the minimum of pay scale.

39. Is a government employee who has been charge sheeted for omissions and commissions in the discharge of his functions entitled to an inurement which falls due before the conclusion of the proceedings?

A. In such case the employee is not under suspension he will be sanctioned increments. In case if there are any proceedings against the employee the increments will not be sanctioned.

 

40. What are the periods of service which count for increment?

A. As per FR 26, all periods of duty with allowances, the service in higher post or in identical post count for increment.

 

41. Are stagnation increments automatically available for all the employees?

A. In pay scales of 1978 and 1992 provide the institution of stagnation increment. But in the recent revision of pay scale there is no provision for stagnation increment.

 

42. How is the family planning increment granted to an employee exhibited?

A. Family planning increment will be shown as personnel pay throughout the services irrespective of promotion etc.,

 

43. What are the conditions for the grant of family planning incentive increment?

A. The family planning incentive increment will be granted to those employees who are in service and whose age is not more than the 50 years in case of male employees and not more than 45 years in case of female employees. They should not have more than two living children. The operation has to be conducted in Government Hospitals, if it is in private hospital, it should be certified in five days by Government Doctor.

44. If the family planning incentive increment amount countable for purpose of pay fixation of a pension?

A. It is not countable.

45. If the increment of an employer falls due while he is on leave whether it can be released?

A. Increment falls due to an employee while he is on leave can be released on paper. The actual payment will be from the date of joining duty.

 

46. If as a result of availment of extraordinary leave by a Govt., employee, the increment falls due on a day other than the first of the calendar month, what is the procedure adopted?

A. In such cases increment falls due on a day, other than first day of a calendar month, the increment has to be sanctioned as per the illustration under FR 26 and the individual also can claim from first day of calendar month in which he is on duty.

 

47. How is the increment of a Probationer regulated?

A. In case of Direct recruit the period of probation is two years within a continues period of 3 years. If the probationer fulfils all the qualifications and also pass the test prescribed. There is no bar for sanctioning 1^st increment but second increment will be released only on declaration of probation. Similarly in the case of regular employee, the 1^st and 2^nd increments can be released vide FR 26.

 

48. Do the broken periods of service of an officiating Govt., employee who has been reverted to a lower post and repromoted to the higher post be counted for purpose of computing his increment on promotion to the higher post for a second time?

A. In such cases the broken periods of service will count for increments as per FR 26 (c).

 

49. How is the increment of an employee linked with the passing of a test or an examination regulated?

A. Under FR 26, the increment can be sanctioned from the next date of passing the test i.e., the next day of the examination of the test conducted.

 

50. What is meant by the term stoppage of increment with cumulative effect?

A. Stopping increment with cumulative effect means stopping of increment permanently i.e., only as per the orders of punishment issued by the Concerned authority indicating the details.

 

51. What are the salient aspects to be noted in the operative part of the stoppage of increment order?

A. The following are the salient features

a.       The period of stoppage.

b.      Whether the stoppage is cumulative effect or for a particular period.

c.       Whether the stoppage on pensionary benefits of the employees is to be consider or not.

d.      If the employee is officiating in higher post, it should be mentioned that the stoppage is for higher post and lower post.

52. How are the erroneous promotions, erroneous pay fixations regulated?

A. The erroneous promotion has to be rectified by reverting the employee. Similarly, the erroneous payments have to be recovered. Necessary action has to be taken against the officer who has issued such orders.

 

53. How are the compensatory allowances of an employee with a state wide jurisdiction / regional jurisdiction / district jurisdiction regulated when he proceeds on leave?

A. The compensatory allowances eligible at the place of work will be sanctioned; if he rejoins duty in the same place. If he joins duty at the place other than the place of work, he is transferred the competent authority has to issue orders sanctioning eligible compensatory allowances.

54. Is house rent permissible during the period of joining time?

A. As per FR l 06 during the period of joining time compensatory allow­ ances are permissable.

55. Are house-rent allowances permissible at district Headquarters as well as Mandal headquarters?

A. Yes, house rent is permissible to District Head Quarters / Mandel headquarters.

56. Is an employee residing in his own house entitled to house rent allowance?

A. Yes.

 

57. How is the standard rent in respect of a private building leased by Government for accommodating for a Government Official calculated?

A. In respect of accommodation for the Govt., Official as per FR  45 A (3), the rent is payable to the building taking into consideration repairs etc.,

 

58. What is the quantum of additional pay permissible in respect of a period of full additional charge?

A. Quantum of full additional charge 1/5^th of the basic pay towards the additional charge. If any additional allowance is available to pay, they will be given.

59. How long is the additional pay granted? Is there any criteria at all to regulate the additional pay?

A. Additional pay can be granted for six months additional charges  allowance are not allowed for holding charge of lower post or newly created post are holding additional charge for more than one post.

60. What is the criteria for acceptance of honoraria by Govt. Employee.

A. FR 47, Stipulate that no honoraria is permitted, unless the Govt., permits the employees to accept the honoraria.

 

61. Can the Head of a Department permit the appointment of a Govt., employee on Foreign Service Terms, outside India ?

A. No, the sanction of Govt., is necessary.

 

62. Is an employee who is either dismissed or removed from public service entitled to any pay and allowances?

 A. No, He is not entitled any pay and allowances from the date of issue of such orders.

 

63. Is a suspended employee entitled to pay and allowances?

A. No., a suspended employee is not entitled to any pay and allowance.   But he is paid subsistence allowance, half of the basic pay corresponding DA and compensatory allowances corresponding to the basic pay drawn 12 before suspension.

64. How long is the subsistence allowance payable?

A. As long as the Government employee is on suspension.

 

65. What is a review mechanism in regarding to the payment of subsistence allowance?

A. Under FR 53, Government the suspension order will reviewed after 3 months. If delay is due to the suspended employee the allowance is reduced to 50%. If the delay is administrative delay the subsistence allowance can be released 50% or more.

 

66. Is there any time limit in regard to placement of an officer in additional charge of another independent post?

A. Under FR 49, there is no prescribed time limit. The person is not entitled for payment for additional charge allowance not more than 3 months at first instance, another 3 months can be sanctioned by the Government.

 

67. Is the drawl of additional pay soon after the period of additional charge is over automatically made by the drawing officer?

A. In respect of any employee the sanction of the competent authority for payment of additional charge is needed. It cannot be paid automatically.

 

Fees: A recurring or non-recurring remuneration payable to a Govt. employee for the service rendered to a non-government organisation under proper permission. Payment is made from a source other than the consolidated fund.

 

Honorarium: The extra remuneration payable to a Govt. employee for the work rendered by him to another Govt. organisation.

Fundamental Rules (open)

Fundamental Rules - References (open)