FR & SR AN OVERVIEW

Prepared by: Savithri S Mani

What is FR & SR

■ 130 Fundamental Rules

■ 335 Supplementary Rules

■ Existing since 1922!

Before we proceed

■ How familiar are you with the following

terms?

– Pay; Basic Pay; substantive pay;

presumptive pay; overseas pay;

officiating pay; personal pay;

subsistence allowance

– Probation; probationer;

– Dies non; break in service

Pay means

The amount drawn monthly by a GS as

I. The pay, [other than Special Pay granted in view of his personal qualification], which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre; and

II. Overseas Pay, Special Pay and Personal Pay & NPA

III. Any other emoluments which may be specially classed as pay by President

FR 9(21(a)

NB: From 1.1.2006 it means Pay in Pay Band + GP+NPA

From 1.1.2016 it means Pay in Pay Matrix

Definitions

■ In other words - pay is comprehensive –

includes substantive pay, special pay,

personal pay and other emoluments

■ Substantive pay – pay to which a GS is

entitled on his appointment substantively or

by reason of his substantive position in that.

Definitions

■ Presumptive pay - means the pay to which a

gs would be entitled, presuming that he

held the post substantively and was

performing its duties. It includes special

pay only if he performs or discharges the

work or responsibility

■ Basic pay – different stages of pay in the

pay scale at which pay will be fixed.

Definitions

■ Personal Pay – for protecting from loss – personal

■ Special pay – arduous nature of duties or specific addition of work – attached to the post – is taken into account for calculating of encashment of leave, licence fee and in certain circumstances for fixation of pay

■ Compensatory allowance – given to meet personal expenditure due to special circumstances

■ Subsistence allowance – monthly allowance granted to a gs – equal to half pay leave salary – can be increased or decreased by 50%

Definitions

■ Officiating Pay – Pay drawn while a GS officiates in a post, I.e. when he performs the duties of a post on which another person holds a lien.

■ Overseas pay – Pay granted to a Government servant in consideration of the fact that he is serving in a country other than the country of his domicile.

■ Reemployment – appointment after retirement

■ Extension of Service – extension of the service in the same cadre / post beyond the date of superannuation

Definitions

■ Apprentice – a person recruited for training with a view to future employment – service does not count for increment – only entitled to hpl on mc for one month and EoL

■ Probationer - a person appointed with definite conditions of service like departmental exam – service is counted for increment. Increment is not granted during the period of probation

■ A person on probation – he holds a post on substantive basis and is appointed to another post. Entitled for pay fixation – Draws increment

Definitions

■ Fee is a recurring or non-recurring payment to a government servant as remuneration for service done by him for a private person or body or for a public body including a body administering a local fund from a source other than the consolidated fund of India / state / union territory. Unless specially exempted by Government where the fees exceed Rs. 1500/- (in a FY)one-third is to be credited to Govt. (the amount retained should not fall below Rs. 1500)

Definitions

■ Honorarium – is a recurring or non-recurring

payment granted to a government servant

from the consolidated fund of India / State /

Union Territory as remuneration for a

special work of an occasional or intermittent

character. Government do not have any

share in the case of honorarium.

(FR 9 (6-A), 9(9) and SR 12)

Definitions

■ Identical Scale – minimum, maximum, the period and the rate of increments are identical – duties and responsibilities attached to the posts are not taken into consideration

■ Same time scale – scales are identical, they fall within a cadre or a class in a cadre, - duties and responsibilities are of similar character or degree

Definitions

■ Foreign Service – paid from a source other

than Consolidated Fund of India / State / UT

■ Deputation out of India – Posted temporarily

for duty out of India but paid from

Consolidated Fund of India / State / UT

Definitions

■ Temporary Post is a post carrying a definite rate of pay sanctioned for a limited period and a person can be appointed against that post to perform its duties.

■ Supernumerary post is a permanent post created in an abstract form simply to accommodate the lien of a Government servant. Later it is abolished

■ Tenure post – is a permanent post (sanctioned without limit on its existence) but individual can hold it for a limited period

Define Duty

■ Duty means the period during which a GS performs the duties of a post.

– Service as a Probationer / apprentice – followed by confirmation

– Joining time

– During instruction or training in India

– Even during interval if to be appointed later

General Conditions of Service (FR-10)

Except as provided by this rule, no

person may be appointed to a post in

Government service without a medical

certificate of health. The CG may make

rules prescribing the form in which

medical certificates should be prepared,

and the particular medical or other

General Conditions of Service (FR-10)

officers by whom they should be

signed. It may, in individual cases,

dispense with the production of a

certificate and may by general

orders exempt any specified class of

Government servants from the

operation of this rule.

Medical Certificate of Health - Exceptions

■ A GS recruited through a competitive exam

■ A temporary GS when transferred

■ A retired GS on reemployment immediately

■ A GS appointed in a temp vacancy for a period not exceeding three months

■ A person reemployed after resignation provided he has been certified fit according to medical standards not lower than those required for his new post.

Whole time of government servant

Unless in any case it be otherwise

distinctly provided, the whole time of a

GS 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

Whole time of government servant

services required of him are such as

would ordinarily be remunerated from

general revenues, from a local fund or

funds of a body incorporated or not,

which is wholly or substantially owned or

controlled by Government.

Lien

■ ‘Lien’ means the right / title of GS to hold a

regular post, whether permanent or

temporary, either immediately or on the

termination of the periods of absence.

■ Unless in any case it is otherwise provided

in these rules, a GS on acquiring a lien on a

post will cease to hold the lien previously

acquired on any other post.

Lien

■ A GS retains a lien:

– While performing duties

– While on foreign service or holding a temporary post or officiating in another post

– During joining time

– While on leave

– While under suspension

Service Book

■ Contemporary record in minute details

■ To be maintained for every GS except for those recruited against purely temporary vacancies not likely to last for more than a year and not eligible for permanence

■ Must be maintained from the date of his first appointment and to be transferred with him

Service Book

■ Entries – Every step in the GS’s official life

– Every period of suspension, interruption, etc. with its period

– Reduction to lower post, with reasons;

– Certificate of annual verification of services; and

– The fact of availing Leave Travel Concession for himself and / or for his family

– To be attested by HOD or by an officer authorised by him

Service Book

■ Statements / Declarations etc. – Electing scale of pay and statements of fixation of

initial pay in the relevant scales of pay

– Certificate of medical fitness obtained at the time of initial entry in GS

– Declaration of details of family obtained under Rs. 54 (12) of CCS (Pension) Rules, 1972

– Home town declaration furnished by the GS

– All nominations in respect of DCRG, Group Insurance Scheme etc.

Service Book

■ Service book to be shown to GS every year and his signature obtained

■ When transferred to a foreign service and transfer back, SB has to be sent to Accounts Officer for noting down the details.

■ Photograph of the GS has to be affixed on the first page.

■ Only copy of SB to be given to GS on retirement, resignation or discharge etc.

Joining Time

■ Transfer in Public interest

■ Distance from old HQ to new HQ

■ Within same station & no change of residence 1 day

■ No JT for temp transfer not exceeding 180 days. Actual transit time will be admissible.

■ Unavailed JT to be credited to EL on order to join before lapse of JT or when he is taking his family subsequently within the time limit. (1 m before relieving or 6 months after relieving. Can be extended in deserving cases)

Joining Time

Distance (in

Kilometers)

JT Admissible Involves road

journey for more

than 200 kms.

1000 or less 10 days 12 days

1001-2000 12 “ 15 “

Above 2000 *15 “ 15 “

* Only 12 days, if the journey is performed by air

Joining Time

■ No credit to EL if the JT of one day is admissible from transfer and the same is not available.

■ JT can be combined with leave of any kind and any duration, except CL

■ Holidays cannot be prefixed. But if holiday(s) follow(s) JT, it shall be deemed to have been extended to cover such holidays9s)

Joining Time

■ JT treated as duty and pay & allowances at old rate

■ If increment falls during the period of JT, the enhanced pay will be drawn only on joining duty

■ JT may be extended upto 30 days by HOD and beyond 30 days by departments of GOI

■ Fresh spell of JT if again transferred while in transit

■ JT commences on the same day if forenoon and if afternoon the next day

Joining Time

■ Penalty for overstayal – No pay or leave salary

– Period – dies non

– Period will not count for pension or for

increment

– Willful absence to be treated as misbehaviour

under FR 15. Action to be taken under the

relevant discipline rules.

Date of Birth

■ Declare at the time of entry – Matriculation certificate or Municipal Birth certificate

■ Or declare approximate age or year or month and year of birth

■ Assumed date of birth

Date of Birth

– If approx. age only – the number of years representing the age declared to be deduced and assumed date arrived at

– If the year of birth only is declared, assumed date will be 1st July of the year

– If the month and the year are declared, assumed date will be 16th of that month of the year

Date of Birth

■ Entry of DOB to be made in service records

■ Normally cannot be altered except for clerical error. Else prior order of HOD required

■ Subsequent alteration – sanction of Ministry / Department

Date of Birth

– Written request within five years of his entry in to Government service

– Genuine bona fide mistake had occurred

– The change would not make him ineligible to appear in the examinations and entry to GS

– Belated claims to be rejected.

Change of Name

■ Addition / deletion or change in name / surname.

– Deed in the prescribed form to be executed

– To be advertised in prominent local newspaper as well as Gazette of India

Change of Name

– Submit copy of deed, ad & notification

– Changed will be entered in service records

■ Addition / change in surname on account of marriage / remarriage of a female GS – only intimation with details

■ Reversion to maiden name on divorce / death of husband of Female GS – only intimation & request

Resignation

■ Generally to be accepted

■ Exceptions

– Alternative arrangements may take time

– Vigilance case is pending

■ If it is cheaper to the public exchequer and the case do not

involve moral turpitude or the evidence is not strong, may

consider accepting – approval of HOD (Gr. C & D) – Minister

(Gr. A & B)

Resignation

■ To be accepted by Appointing authority

■ Effective Date - Competent authority to decide – The date from which alternative arrangements

can be made; or

– If on leave – either immediately or on termination of leave

– Where notice is prescribed, leave may be counted towards notice period

Resignation - Withdrawal

■ Before it becomes effective – deemed to be

automatically withdrawn

■ Accepted but GS not relieved – normally to be

allowance otherwise reasons to be given in writing

■ After it has become effective

– Resignation was tended under compelling

circumstances and there is a material change in the

circumstances

– Do not reflect on his integrity, efficiency or conduct

Resignation - Withdrawal

– That the conduct of the person was in no way improper during the period from the date on which the resignation became effective to the date of request for withdrawal;

– That the period of absence from duty between the date on which the resignation

Resignation - Withdrawal

– became effective and the date on which the person is allowed to resume duty is not more than 90 days;

– That the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty is not more than 90 days

Resignation - Withdrawal

■ That the post which was vacated by the GS on the acceptance of the resignation or any other comparable post, is available

■ That the GS did not resign his post with a view to taking up an appointment in a private commercial company, or public sector undertaking / body controlled and financed by the Government

■ The acceptance order will include condonation of interruption in service but the period will not qualify for service.

Unauthorised absence

■ Unauthorised absence not covered by grant of leave will constitute interruption in service entailing forfeiture of past service for the purpose of pension.

■ Requires condonation by the appointing authority which should be considered by it suo moto

■ Only individual cases will be treated as dies non

Unauthorised absence

■ Unauthorised absence will be treated as break in service

– During a strike declared illegal – industrial

establishments

– Acting in combination or in concerted manner, such as

during a strike of other employees

– Remaining absent unauthorisedly or deserting a post –

by an individual employee

– Strike includes a general, token, sympathetic or similar

strike and participation in a bandh or similar activities

Attendant disabilities

■ Dies non – period will be counted out for increment, leave and pension

■ Break in service – ineligibility to LTC, to appear in departmental examination etc.

■ Will not affect special pay, allowances and promotion through DPC

■ For the purpose of pension, to be condoned by AA

■ Order imposing Break In.Service to be issued after giving opportunity

Unauthorised absence in continuation of leave

■ Will be debited against half pay leave

account. Excess if any will be treated as

EoL.

■ No leave salary

■ Will also render to disciplinary action

treating as misconduct.

Dies Non

■ When the official remains absent from duty without

prior information

■ When on duty in office, the official leaves the office

without proper permission; and

■ The official remains in office, but refuses to

perform duty assigned to him

■ Dies non can not be marked for late coming