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FUNDAMENTAL RULE & SUPPLIMENTARY RULES

FR 9(21)(a)

Definition:

Pay: Pay means the amount drawn monthly by a Government servant as

(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.

(ii) Special pay and personal pay;

(iii) Any other emoluments classified as pay by general or special order


made by the President.

Special Pay: Special pay now termed special allowance, is an addition in


the nature of pay, to the emoluments of the post or of a Government servant
granted in consideration of specially arduous nature of duties or specific
addition to work or specific addition to responsibility. It includes Non
Practising Allowance granted to doctors in lieu of private practice. Normally
special allowance is not treated as pay for any other purpose like Dearness
Allowances, House Rent Allowance, City Compensatory Allowance or
pension. However, for fixation of pay under certain conditions it is protected.
Duty deputation allowance is also treated as special pay. Non Practising
Allowance is treated as pay for all service matters like DA, TA and other
retirement benefits, including fixation of pay except allotment of Government
accommodation.

Arduous Nature of duty - Cashier


Specific addition to responsibility – Mail Peon
Specific addition to responsibility – Desk Officer

Personal Pay:

(i) Means additional pay granted to a Government servant to save him


from the loss in substantive pay in respect of a permanent post other than a
tenure post due to revision of pay due to reduction of a substantive pay
otherwise than as a disciplinary measure.

(ii) In exceptional circumstances on other personal considerations.


Substantive Pay: Substantive pay means other than special pay
or personal pay or any emoluments classified as pay by President, to which
the Government servant is entitled due to the post to which he has been
appointed substantively.

Presumptive Pay: Presumptive pay of a post when used with reference


to the particular Government servant means the pay to which he would be
entitled if he held the post substantively and were performing the duties. It
does not include special pay unless the Government servant discharges the
same duty in consideration of which the special pay was granted.

Compensatory allowance: Granted to meet personal expenditure


necessitated by the special circumstances in which duties are performed.
Example: HRA, Project allowance, Border allowance, Special Compensatory
Allowance etc. These allowances should be so regulated that it is not a
source of profit to the recipient.

Fee and Honorarium: (Very Important)

FR – 11 provides that whole time of the Government servant is at the


disposal of the Government and he can be employed in any manner by the
competent authority without any claim of any additional remuneration.

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.

However, FR-46(b) and FR-46(c) allow additional remunerations for


additional work under certain circumstances.

Following are neither fee nor honorarium. These works can be


undertaken without permission and payment also accepted without sanction:

(i) Premium for any essay/plan in any public competition;

(ii) Award for helping the arrest of a criminal;

(iii) Any award under the provisions of any special law;

(iv) Any award under the provisions of the law relating to administration of
customs and excise.
Among Fee and Honorarium:

Fee is a recurring or non-recurring payment to Government servant


from a source other than Consolidated Fund of India/State/UTs, made directly
or indirectly through intermediaries.

However, following does not come within the purview of Fee:

(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;

Please note no permission is needed either for undertaking these work


nor for accepting any payment.

Subject to the above, SR-11 provides two categories of fees:

(i) Where permission is needed for undertaking the work but the fee
can be retained in full as in the following cases:

(a) Sale proceeds/royalty on a book (Not merely a compilation but with


scholarly analysis of the subject – Joint Secretary of the concerned Ministry
should certify and DOP&T to concur);

(b) In connection with the examinations conducted or lectures given with


reference to universities, statutory bodies, public sector undertaking or
autonomous bodies;

(c) TA/DA paid to the Government servant, if it is not a source of profit;

(d) Scholarship/stipend received during study leave;

(e) Writing of study reports or research papers for international


organisations;

(f) Exploitation of patent with permission;

(g) Income from occasional participation in sports or games or athletics as


umpire or referees.

(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;

(c) Income from private trade/part time employment with permission;

(d) Exploitation of patent without permission.

What is 1/3 credit?

Except in cases where a Government servant is permitted to retain the


fees, 1/3 of the amount should be remitted to the Government. In all other
cases, where the amount of fees exceeds Rs.1500/- subject to a minimum of
Rs.1500 retained by him.

Competent Authority: Head of Department upto Rs.3,000/- in each


case of non-recurring and upto Rs.3,000/- per annum in the case of recurring.
Beyond Rs.3,000/- the Department is competent.

The competent authority should certify that the work was undertaken
without detriment to official duties.

Honorarium:

(i) It is a recurring or non-recurring payment granted to a Government


servant from Consolidated Fund of India/State/UTs as remuneration for
a special work of occasional or intermittent character.

(ii) Prior permission of the competent authority is essential before the work
is undertaken

(iii) The amount of remuneration should be settled in advance;

(iv) The work performed should be occasional or intermittent in character


and should be so laborious or of such special merit as to justify a
special award.

Honorarium should not be paid for any temporary increase in work or


for attending the duties of a sanctioned post in addition to normal duties.
Similarly, no honorarium is paid in cases where over time has been paid for
that particular work and also it should not be paid to the officers for work
connected with setting up of companies.
Sanction is not necessary for accepting honorarium from UPSC or SSC,
if the Department has already sent the intimation to these institutions
nominating the officers.

Upto Rs.2500/- per annum, head of Department is competent. Beyond


Rs.2500/-, Financial Advisor’s approval is essential and Department can
sanction upto Rs.5000/- per annum.

Beyond Rs.5000/- per annum, Finance Ministry is competent.

Subsistence Grant: Means a monthly grant payable to a Government


servant who is not in receipt of pay or leave salary.

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).

Distinguish between Permanent Post, Temporary Post & Tenure post:

Permanent post is a post carrying a definite rate of pay sanctioned for


an indefinite period.

Temporary post is a post carrying a definite rate of pay sanctioned for a


limited time.

Tenure post means a permanent post which an individual may not hold
for more than a specified period.

Officiate: Means a Government servant officiate in a post when he perform


the duties of a post on which another person is holding a lien. A Government
servant may be appointed to officiate in a vacant post also.
Foreign Service: Means a service in which a Government servant
receives his salary with sanction of the Government from any source other
than consolidated fund of India/State/UT.

Apprentice: Apprentice is a person merely recruited for training to future


employment under the Government. He does not hold any post during the
period of apprenticeship. The period of apprenticeship does not count for
increment. He receives only stipend not salary. It does not count for pension
except for SAS Accountant.

Probationer: Probationer is a person appointed against a permanent


vacancy in the cadre. The period of probationer ship counts for increment.
The service counts for pension also if followed by confirmation.

On probation: On probation means when a Government servant is


promoted from one post to another he generally placed on probation i.e. on
trial to find out his suitability for the post.

Lien: Lien means the title of a Government servant to hold on regular


basis either immediately or on termination of period of absence a post
including tenure post to which he was appointed on regular basis and on
which he was not on probation.

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.

Confirmation is to be made only once in the entry grade. No


confirmation is needed in the higher post on promotion. Nevertheless the
appointment to a higher post on direct recruitment requires confirmation in
that post.

Confirmation has been delinked from the availability of permanent


vacancy in the grade. The officers successfully completing the probation will
be confirmed irrespective of availability of permanent vacancy. If recruitment
rules do not prescribe any probation, the official promoted on regular basis is
entitled to the benefit of confirmation. If period of probation is prescribed, in
the promoted post, the appointing authority will review the position on
completion of probations and declare the successful completion of probation.
Seniority in the post is to be decided by the merit in the initial appointment
and confirmation has no impact.

If confirmation is found erroneous it can be cancelled, provided the


orders are issued contrary to the rules and the appointing authority has no
powers to relax the condition.
The Government servant can retain the lien in the following
circumstances:

(i) When on duty;

(ii) On Foreign Service;

(iii) Holding a temporary post or officiating in another post;

(iv) During joining time;

The lien is not retained in the following cases:

(i) When a Government servant takes immediate absorption to another


post outside his service;

(ii) When on foreign service/deputation, he continues beyond the maximum


admissible limit;

(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;

Lien cannot be terminated if the result is to leave a Government servant


without lien on a regular post.

With effect from 01.04.1988, confirmation is to be made only once in the


entry grade.

Medical Examination:

No person shall be appointed in India under the Government without


medical examination. Following are the exceptions:

(i) A Government servant recruited through competitive examination who


had to undergo medical examination in accordance with the conditions for
appointment;

(ii) A qualified student of Thompson College, Roorkie, permanently


appointed to CPWD within 18 months of his completion of studies in
accordance with the regulation prescribed;
(iii) A Government servant appointed in a temporary vacancy for a period
not exceeding 3 months. If such an official continues beyond three months
health certificate is essential. If a person is appointed for 3 months and again
after a break re-appointed for less than 3 months, no medical examination is
essential;

(iv) A temporary Government servant who has already been medically


examined in one office and transferred to another office without break in
service;

(v) A retired Government servant re-employed immediately after


retirement. However, a person who resigned on health ground cannot be re-
appointed without medical examination;

(vi) A permanent non-gazetted Government servant of the state appointed


to non-gazetted post in central Government needs no medical examination;

(vii) Similarly, a permanent gazetted officer from the state appointed in


gazetted status in central Government needs no medical examination.

Appointment of pregnant women in Government service:

A pregnant women who is selected for the post in Central Police


Organisation (CPO) or for the post which require elaborate training or for the
post which involves hazardous nature of duties, should not be appointed, if
they are pregnant over 12 weeks. Instead they will be appointed only after
medical examination which should be conducted after 6 weeks from the date
of delivery. The post will be kept vacant. Their seniority will also be
protected.

Resignation: (Very Important – PQ)

The appointing authority is competent to accept the resignation.

Resignation should be normally accepted because it is not in the


interest of the Department to keep an unwilling worker.

There are two exceptions:

(i) Where the Government servant is engaged in a work of importance;


and

(ii) Where, the Government servant is under suspension or facing


disciplinary proceeding or judicial proceedings.
In the case of item 1, where it would take time to make alternate
arrangement for filling up of the post, the resignation should not be accepted
straightaway but only when the alternate arrangement has been made.

In respect of item 2, public interest should be the guiding factor and the
circumstances have been detailed in CCS (CCA) Rules.

The resignation becomes effective when it is accepted and the official


relieved.

Withdrawal of Resignation:

There are three situations:

(i) Resignation submitted but not yet accepted;

(ii) Resignation submitted, accepted but official not relieved; and

(iii) Resignation submitted, accepted and official relieved.

(i) If a Government servant, who has submitted his resignation, sends an


intimation in writing to the appointing authority withdrawing his resignation
before it is accepted, the resignation is deemed to have been withdrawn
automatically. There is no question of any acceptance.

(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.

(b) There is no improper conduct after resignation.

(c) The resignation was tendered by the official under certain


compelling circumstances involving no reflection on integrity and that
there is a material change in the circumstances given by the
Government servant.
(d) The period between date of relief and date on which the person is
allowed to rejoin as a result of permission to withdraw the resignation, is
not more than 90 days.

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.

FR – 17A – Dies-non and break in service – Very Important (PQ)

Habitual absence from duty without permission or overstayal of leave or


overstayal of joining time is a serious misconduct, deserving disciplinary
action.

What is Dies-non?

Any period of wilful absence not covered by grant of leave is dies-non.

Following can be treated as dies-non by leave sanctioning authority:

(i) When an official is absent without permission;

(ii) Left office while on duty without permission;

(iii) Refused to do duty while in office.

However, a day on which an official comes late cannot be treated as


dies-non. Dies-non is not break in service and will not forfeit past service.
The period of dies-non will not count for any purpose like increment, credit of
leave, pension and also for the time bound promotion (ACP,MACP).

What is break in service?

A period of unauthorised absence shall be deemed to cause an


interruption or break in service in the following circumstances:

(i) A period of unauthorised absence by the official in Industrial


establishment, participating in strike which has been declared illegal;

(ii) Official in non-industrial establishment as a result of concerted or co-


ordinated and intentional action such as unauthorised absence during
the period of strike without justification;
(iii) Unauthorised absence which stands singly neither preceded by any
leave nor followed by any leave;

(iv) Desertion from duty.

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 period of break in service can be condoned for one or more


purposes but it should be considered separately and independently at the
request of the official.

Condonation of break in service for the purpose of pension can be considered


suo-motu.

Before ordering break in service under FR-17-A, a reasonable


opportunity and personal hearing should be given. This order will not affect
promotion through DPC.

For the period of unauthorised absence from duty or overstayal of leave


or overstayal of joining time, no pay will be given. The period of absence due
to overstayal of leave or overstayal of joining time will be debited to half pay
leave account to the extent available and the balance under extra ordinary
leave with no leave salary.

Even if the period is regularised no pay and allowances is admissible.

Suspension and Subsistence allowances:

For the first three months, the subsistence allowance is payable at an


amount equal to the leave salary which the Government servant would have
been paid if he is on leave on half pay and correspondence dearness
allowance for such leave salary.

If the period of suspension exceeds three months, it should be revised


or continued at the same rate.

It may be increased or decreased by not exceeding 50%, if the period


of suspension is prolonged for the reasons not directly attributable or directly
attributable to the Government servant and the dearness allowance for such
subsistence allowance.

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.

In addition to subsistence allowance any other compensatory allowance


like HRA, CCA, is also payable on the basis of the pay which the official was
getting on the date of suspension, subject to furnishing required certificates
as under:

(i) Non-employment certificate;

(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.

(iv) No subsistence allowance if the official is engaged in any other gainful


employment;

(v) Subsistence allowance should never be denied unless a suspended


employee is unable to produce the required certificates;

(vi) Law of limitation does not apply to the payment of arrears of


subsistence allowance.

(vii) If the Head Quarter of the Government servant is changed in public


interest, he is entitled for HRA, CCA relevant to the new Head Quarter.

What recoveries/deduction can be made from the subsistence


allowance?

The deduction can be classified into three groups:

(i) Compulsory deductions;

(ii) Optional deductions i.e. with the consent of official;

(iii) Inadmissible deductions.


Compulsory deductions:

(a) Income Tax, if the actual income including subsistence allowance


exceeds the limit;

(b) Licence fee and other allied charges like electricity, water etc.;

(c) Repayment of loan and advances taken from the Government;

(d) CGHS contribution;

(e) Central Government Employees Insurance Scheme – 1977


contribution;

(f) Central Government Employees Group Insurance Scheme – 1980


subscriptions.

Optional deductions:

(a) Refund of GPF advance;

(b) PLI premium;

(c) Premium towards co-operative society or credit societies towards the


recoveries made by these societies.

Inadmissible deductions:

(a) GPF subscription;

(b) Court attachment;

(c) Recoveries of loss to the Government for which the Government


servant is responsible.

With regards to overpayment, recovery can be made at the discretion of


the competent authority. If such recoveries are effected, the recovery should
not exceed 1/3 of the subsistence allowance, excluding Dearness Allowance
and other compensatory allowances.

Re-instatement of Government Servant under suspension:

When a Government servant who has been dismissed or removed or


compulsorily retired, is re-instated, the disciplinary authority is to make
specific orders of the following:
(i) Pay and allowances for the period of absence;

(ii) Whether the period of absence shall be treated as duty or not;

These are discussed under following circumstances:

(a) Re-instatement as a result of appeal, revision or review:If a Government


servant who has been dismissed, removed or compulsorily retired, is re-
instated on appeal and if the Disciplinary Authority is of the opinion that the
Government servant has been fully exonerated, the entire period of absence
will be treated as duty with full pay & allowances. However, if the Competent
Authority is of the opinion that though the Government servant was fully
exonerated, the termination of proceedings was delayed due to the reasons
attributable to Government servant, he may order that the Government
servant be paid only a proportionate pay and allowances and not full. Such
deduction can be made only after giving a notice of 60 days for making
representation against the proposal. The reduced pay and allowances should
not be less than the subsistence allowance already paid. The period of
absence will no doubt be treated as duty.

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.

(b) Re-instatement in Court cases: If the dismissal/removal/compulsory


retirement is set aside by the court on merit of the case, the entire period
treated as duty with full pay and allowances. The amount earned between
the date of dismissal to the date of re-instatement will be adjusted in the
amount due to be paid.
In all other cases that is where the case was set aside not on merit but
for non compliance of stipulated procedure or for violation of article 311, the
Government servant will be paid only a proportionate pay & allowance and
not whole and the reduced pay & allowance should not be less than the
subsistence allowance already paid. Before ordering deduction 60 days
notice is mandatory. The period of absence will not be treated as duty unless
declared for a specified purpose, at the discretion of competent authority and
on the request of the Government servant, the period can be treated as leave
admissible, subject to adjustment of leave salary and the earnings through
elsewhere from the date of dismissal to the date of re-instatement should be
adjusted.

(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.

Where the suspension is considered wholly unjustified, the entire period


of suspension is treated as duty with full pay & allowances. However, if the
competent authority is of the opinion that though the suspension is wholly
unjustified, the proceedings were delayed due to the Government servant,
then the Government servant will be paid only a proportionate pay and
allowances and not full. For this purpose 60 days notice should be given.
The reduced pay and allowances should not be less than the subsistence
allowances already paid. The period of absence will no doubt be treated as
duty.

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:

(i) A Government servant who is prematurely retired under FR – 56 (j) or


FR – 56 (l) or rule 48, is re-instated either on appeal or through court;

(ii) Where a Government servant under suspension is compulsorily retired


on the conclusion of disciplinary proceedings; and
(iii) A Government servant was under suspension and on the conclusion of
disciplinary proceedings he was dismissed from service and the penalty was
modified as compulsory retirement on review or revision.

In the case of item No.1, the entire period of absence to be treated as


duty with full pay and allowances;

In the case of item No.2 & 3, the period of absence will be treated as
dies-non.

FR – 49: Combination of appointments:

Combination of appointment is a rare phenomena in which a


Government servant already holding a post in substantive or officiating
capacity is appointed to officiate as a temporary measure in one or more post
of other independent post at a time. In such cases the pay is regulated as
under:

(i) When a Government servant is formally appointed to a higher post in


the same office as his own and in the same cadre/line of promotion in
addition to his own duties, his pay will be fixed in the higher post except
where the pay has to be restricted under FR – 35. He will not get any
additional pay for the duties in the lower post.

(ii) Where a Government servant is appointed to hold dual charge of two


posts in the same cadre, in the same office, carrying identical scale of pay, no
additional pay is given irrespective of duration. However, the special pay, if
any, attached to the additional post should be given.

(iii) Where a Government servant is appointed to another post or posts


which are not in the same office or though in the same office, are not in the
same cadre/line of promotion, he will be allowed the pay of the other post or
highest post. If he holds the charge of more than two posts, in addition to
10% of presumptive pay of the additional post or additional posts, if the
additional charge is held for a period exceeding 45 days but not exceeding 3
months. If the period exceeds three months, approval of DOP&T is essential.

The aggregate of pay + additional pay should not exceed Rs.80,000/-


per month;

No additional pay for holding current charges of routine duties of


another post irrespective of duration;
If the compensatory allowances are attached to one or more post, the
Central Government will fix such allowances provided that the amount so
fixed shall not exceed the total of such allowances attached to all the post.

For calculating additional pay, the pay in respect of each additional post
should be calculated independently;

Dearness Allowance should be on the basic pay fixed at the highest


post;

Appointment of Government servant in full additional charge of the


Public Sector Unit is not permitted, nor any additional pay for holding such
additional charges.

Re-employment of Pensioners [Very Important]

Fixation of pay in the case of re-employed pensioner: There are two


categories:

(i) A pensioner retired before 55 years and then re-employed; and

(ii) A pensioner retired after 55 years and then re-employed.

Retired before 55 years: This is divided into two categories:

(a) Group ‘BCD’; and

(b) Group ‘A’

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 pay in the re-employed post would be Rs.24720 (Rs.31320-6600) +


Rs.6600/- (Total Rs.31320/-).
Now take the pension, deduct Rs.4000/-, deduct this balance from the
pay as fixed in the pre-para. For example pension is Rs.14000. Therefore,
Rs.14000-4000 = Rs.10000/-

Deduct this Rs.10000 from the pay so fixed. In other words:

Rs.31320-10000=Rs.21320. This will be the take home salary.

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.

(ii) Retired after 55 years and then re-employed: This is also


divided into two categories:

(a) Group ‘BCD’; and

(b) Group ‘A’

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/-.

Joining Time: It is the time allowed for a Government Servant to join a


new post or to travel to a station where he was posted.

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;

(iv) Once in a calendar year, to the officials domiciled in Andaman Nicobar


and Lakshadweep island while proceeding on leave for home town in
another island and returning there from;

(v) Permanent/temporary officials of Central Government and permanent


and quasi permanent officials of State Government on appointment to
the post through competitive examination open to Departmental
candidates and outsiders (In this case no joining time pay is allowed
unless they have three years service);
(vi) To surplus staff transferred from one post to another under re-
deployment scheme;

(vii) To the officials discharged due to reduction of establishment from one


Central Government office and appointed to another Central
Government office, if the orders have been received while in service. If
they are appointed after discharge, the break should not exceed 30
days. This is allowed only if they have completed 3 years service.

Salient Features:

(a) Only actual time, as on tour, is allowed for temporary transfers;

(b) Only one day is allowed if the transfer is at the same station or another
station which does not involve change of residence;

(c) The rate of joining time will be:

(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.

(iii) Above 2000 Kms. – 15 days and this is the maximum.

If the journey is by air, maximum joining time 12 days.

(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;

(iv) When temporary transfer converted into permanent transfer.

(v) Joining time can be extended in extreme circumstances upto 30 days


by Head of Department and beyond 30 days by Department;

(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;

(xiii) Overstayal of joining time is treated as dies-non;

(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;

(xvi) If a Government Servant is not permitted to avail full joining time or if he


joins the new post without availing full joining time and later takes his
family to the new station within the permissible time, the unutilised
portion of joining time will be credited to his earned leave account
subject to the ceiling already prescribed.

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