Professional Documents
Culture Documents
FR 9(21)(a)
Definition:
(i) pay, other than special pay or granted in view of his personal
qualifications, sanctioned for a post held by him substantively or in an
officiating capacity or to which he is entitled by virtue of his position in the
cadre.
Personal Pay:
SR-11 says that no Government servant shall undertake any work for
another Government or private person or private body or accept any payment
without the sanction of competent authority.
(iv) Any award under the provisions of the law relating to administration of
customs and excise.
Among Fee and Honorarium:
(i) Unearned income (Like income from property, income from security,
Dividend etc.);
(ii) Income from the efforts in the area of Literary, Artistic, Scientific,
Cultural, Sports and Technological;
(i) Where permission is needed for undertaking the work but the fee
can be retained in full as in the following cases:
(ii) In the following cases permission is essential and also 1/3 of the
fee in excess of Rs.1,500/- should be remitted to Government:
(a) Sale proceeds or royalty of the books which is only a compilation of
Rules and orders;
(b) Performing clerical and administrative work for any private body
including Literary, artistic, scientific, cultural and charitable institutions and
also co-operative societies which is not subject to Government control;
The competent authority should certify that the work was undertaken
without detriment to official duties.
Honorarium:
(ii) Prior permission of the competent authority is essential before the work
is undertaken
Time Scale Pay: Time scale pay means the pay which rises from
minimum to maximum through periodical increments and the increments are
normally progressive.
Identical Time Scale: The time scales are said to be identical if the
minimum, maximum period of increment and rate of increment are identical in
the said scale. (We compare only the time scale not the duties and
responsibility, Example: Assistant and Grade ‘C’ Steno).
Same time scale: Two posts are said to be in the same time scale,
if the scales are identical and the posts are borne in the same cadre.
Example Desk Officer and Section Officer (Here we compare both time scale
and duties and responsibilities).
Tenure post means a permanent post which an individual may not hold
for more than a specified period.
The title to hold a regular post is subject to the condition that the junior
most in the grade he will be reverted to lower grade if the number of persons
so entitled is more than the post available in the grade.
(iii) When a Government servant acquires his lien against another post, he
loses his previous lien. In other words no official can hold more than
one lien at a time;
Medical Examination:
In respect of item 2, public interest should be the guiding factor and the
circumstances have been detailed in CCS (CCA) Rules.
Withdrawal of Resignation:
(ii) If the resignation has been accepted but the official has yet not been
relieved i.e. to be relieved from a future date and if any request of withdrawal
is made, normally the request for withdrawal should be allowed. If such a
request is to be refused, the reasons should be recorded in writing in the file
and the Government servant informed.
(iii) Once the resignation has become effective and official has been
relieved, its withdrawal can be accepted by the appointing authority only
under following circumstances:
(a) The Government servant has not resigned for taking up any
appointment in any private or commercial company or Public Sector
Unit owned or financed by Government of India.
In all other cases and also in the case of temporary employees the
withdrawal is allowed only with the sanction of Government of India in the
Department of Personnel & Training.
What is Dies-non?
Break in service forfeits past service for the purpose of the prescribed
minimum service for LTC, qualifying service for Departmental examination
and qualifying service for pension.
The review immediately after three months is obligatory and the second
or subsequent review is recommendatory.
Retrospective grant of subsistence allowance or variation of
subsistence allowance is in order.
(ii) For HRA beyond 120 days, he has to certify that he continued, for the
period for which HRA is claimed, to retain the house at the same station or
within the qualifying limit paid rent and did not sublet;
(iii) For CCA, for the period beyond 120 days he is to certify that he or his
family or both continued, for the period for which CCA is claimed to reside at
the same station or its qualifying limits from where he was suspended.
(b) Licence fee and other allied charges like electricity, water etc.;
Optional deductions:
Inadmissible deductions:
In all other cases i.e. where the Government servant was not fully
exonerated or where the order of dismissal/removal was set aside by the
appellate authority for non-compliance of procedure and no further enquiry is
ordered, the Government servant will be paid only a proportionate pay &
allowances and not full. This reduced amount should not be less than the
subsistence allowance already paid. A notice of 60 days for representation
should also be given. The period of absence will not be treated as duty,
unless specifically declared for any purpose. On the request of the
Government servant and on the discretion of the competent authority the
period of absence can be treated as leave admissible with no limitation on
powers.
Any amount earned by the Government servant during the period from
the date of dismissal to the date of re-instatement should be adjusted and no
payment will be made if such earnings are equal to or more than the amount
determined and payable.
(c) In the case of death during suspension and where minor penalty is
imposed on a suspended employee as a result of departmental proceedings,
entire period of suspension will be treated as duty with full pay & allowances.
In all other cases i.e. where the suspension was found not wholly
unjustified, the Government servant will be paid only proportionate pay &
allowance and not full. The reduced pay & allowances should not be less
than the subsistence allowance already paid. 60 days notice should be
given. The period of absence will not be treated as duty instead on the
request of the Government servant and at the discretion of the competent
authority the period will be treated as leave admissible, subject to adjustment
of leave salary.
There are three (3) occasions which do not fall under the above
categories:
In the case of item No.2 & 3, the period of absence will be treated as
dies-non.
For calculating additional pay, the pay in respect of each additional post
should be calculated independently;
Group ‘B’,’C’ & ‘D’: Ignore full pension. Fix his pay at the minimum of the
Pay Band + Grade Pay + corresponding DA + HRA + Transport Allowance +
Pension + Dearness Relief. Increment should be drawn on the basic pay of
the re-employed post.
Group ‘A’: Fix in the stage of the Pay Band of the re-employed post
corresponding to the last pay drawn in the retired post. For example a
Deputy Secretary retired in the Pay Band of Rs.15,600-39100 + Grade Pay of
Rs.7600/- retired with a pay of Rs.23720/- + Rs.7600/- (Total Rs.31320/-),
appointed on re-employment in the Group ‘A’ post of Pay Band Rs.15600-
39100/- + Grade Pay Rs.6600/-.
The maximum basic pay cannot exceed the Grade Pay of the re-
employed post + Pay in the Pay Band of Rs.67000 i.e. maximum of PB-4.
The DA would be on the pay originally fixed i.e. on Rs.31320/-. Similarly, he
will get increment on this pay fixed in the re-employed post.
Group ‘BCD’: Fix the pay at the minimum of the Pay Band of the re-
employed post + Grade Pay + DA + Other allowances as applicable to basic
pay + Pension + Dearness Relief.
Group ‘A’: Fix at the stage of the last pay drawn, in the new post. For
example a Deputy Secretary retired in Pay Band of Rs.15600-39100 + Grade
Pay Rs.7600 (Total Pay Rs.31320/-) is re-employed in Group ‘A’ in the Pay
Band of Rs.15600-39100 + Grade Pay Rs.6600. The pay in the re-employed
post would be Rs.24720/- + Grade Pay Rs.6600/- (Total Rs.31320/-) which is
equal to the last pay drawn. From the pay so fixed, deduct the entire pension
and this balance would be the take home salary. Dearness Allowance will be
on the original pay fixed + other compensatory allowances on such pay. In
addition he will get pension but without Dearness Relief.
The maximum basic pay should not exceed the Grade Pay + maximum
of Pay Band – 4 i.e. Rs.67000/-.
Admissibility:
(i) To join a new post on transfer in public interest either in the same
station or in the new station;
(ii) When proceeding on leave from a place in a remote locality or to a
place in a remote locality;
(iii) While returning from leave from a place in a remote locality or to a place
in remote locality;
Salient Features:
(b) Only one day is allowed if the transfer is at the same station or another
station which does not involve change of residence;
(i) 1000 Kms. and Less – 10 days and 12 days if the journey involves
more than 200 Kms. road travel.
(ii) 1001 Kms. To 2000 Kms. – 12 days. 15 days if the journey involves
more than 200 Kms. Road travel.
(d) Holidays following the joining time is deemed to have been extended;
(e) Joining time is calculated from old Head Quarters to new Head
Quarters in the following cases:
(i) Where the official get transfer orders at the old Head Quarters;
(ii) Where the official takes over the charge at a place other than old Head
Quarters;
(iii) Where the Head Quarters has been changed while on tour, to the tour
station;
(vi) If the transfer orders have been cancelled during joining time, the
intervening period will be treated as joining time;
(vii) Similarly, if the transfer is modified while spending this joining time at a
different station, a fresh spell of joining time from the date of receipt of
revised orders from the place he gets his revised orders to the new
Head Quarters, will be allowed;
(viii) Any kind of leave can be combined with joining time, except casual
leave;
(ix) Joining time is not allowed if the transfer is at request. However, if the
transfer is after the completion of normal tenure, then joining time is
allowed;
(x) Leave sanctioning authority can grant regular leave to cover the period
from the date of relieving to date of joining time, even if the official is not
eligible for joining time;
(xi) If an official was relieved, on the afternoon of the day, the holidays
following the date of reliving will be treated as joining time;
(xii) Joining time is treated as duty. Pay at the old post including HRA will
become payable;
(xiv) Increment falling during joining time will be drawn only after joining duty;
(xv) Holidays cannot be prefixed, if the charge is handed over in the
forenoon, Joining time starts from that day. If the charge is handed
over in the afternoon, joining time starts from next day;