CHAPTER XVIIRules for Reckoning Service
Section ISPECIAL ADDITIONS
403. An incumbent of one of the offices enumerated below, appointed on account of professional or other special qualifications, whose whole pensonable service has been passed in one or other of such offices, shall, if appointed at an age exceeding 25, be entitled to reckon as service qualifying for super annuation pension (but not for any other class of pension) the actual period by which his age may at the time of appointment have exceeded 25 years, subject to the proviso that five years shall be the maximum period which can be so added. No officer can claim the benefits of this article unless his actual qualifying service at the time, he quits Government service is not less than ten years.
Exceptionsubsequent promotion to an appointment which is not one of the offices enumerated in this article, but is of similar nature and carries not less pay, does not deprive an officer of the concession prescribed above, provided that he has, when so promoted, completed not less than five years qualifying service in one of the offices enumerated in this article.
NOTEThe provisions of this article do not apply to officers of the departments and holders of the appointments mentioned therein who are under the rule-making control of the Government of Uttar Pradesh, and are recruited on or after October 1, 1938.
Decisions of the State Government
1. Article 403 of the Civil Service Regulations shall be read and applied as if the holders of the posts enumerated below were mentioned in that article, viz. :
(i) Deputy Superintendent, Government Printing and Stationery.
(ii) Gazetted posts of the technical and industrial institutions.
(iii) Gazetted posts in the Thomason Civil Engineering College, Roorkee, other that those mentioned in Article 404-A.
(iv) Superintendents of Public Gardens.
(v) Assistant Chemical Examiners.
(vi) Inspectors of Registration appointed by direct recruitment.
(vii) Members of the U.P. Public Health Service recruited on or after July 4, 1931.
[This order except item (vii) has effect from September 12, 1929, vide Finance Department notification no. A-953/X-155, dated July 20,1932.
Item (vii) was added by notification no. A-1099/X-155, dated December 15, 1936.]
The above concession will not apply to officers who join service in a non-gazetted capacity.
[Vide Finance Department endorsement no. 2364-I/XVIII-563, dated March 20, 1933.]
NOTEMembers of the U.P. Public Health Service who held non-pensionable appointments before July 4, 1931, but were subsequently appointed to pensionable posts on or before July 4, 1931, are also entitled to the concession under this article.
404-A. For officers mentioned in Article 349-A, the concession of adding to qualifying service is as follows:
In the case of ......Educational (.......Provincial Services), ......Factory and Boiler and Smoke Nuisance Inspection, ......the Provincial Judicial Services, Distillery Experts in the......Excise Department......Superintendent of Provincial Government Press,......*(Provincial Medical Service, Chemical Examiner, Provincial Agricultural Service, Agricultural Engineers to Government, Deputy Directors of Gardens, Professors and Assistant Professors of Mechanical and Electrical Engineering in the Thomason Civil Engineering College, Roorkee), and of such other appointments as may be definitely specified in this behalf in other Departments, except those included in clause (i) of Article 474-A, in which recruitment is likely to take place normally after 25 years of age, officers recruited over that age may add to their service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding five years by which their age at recruitment exceeded twenty-five years. This concession will not be granted to individual officers appointed at an age exceeding twenty-five years to Departments or appointments other than those included above. No officer can claim the benefit of this article unless his actual qualifying service at the time he quits Government service is not less than ten years.
Note 1.The term "age at recruitment" shall be interpreted as the date of commencement of continuous service, whether in a substantive or officiating capacity, in a post to which this article applies; all service (if any) rendered by the officer before attaining the age of 30 years (or before the date of his continuous appointment to such a post, whichever is earlier) being ignored.
Note 2.The extra years conceded in this article count towards the limit of 28 years qualifying service prescribed in Article 475-A.
Rules 1.The benefit of this article will not be admissible in a case where the officer is initially appointed to a post not included in it but is subsequently appointed to such a post.
2The provisions of this article apply to members of the Bar directly appointed before the 23rd February, 1937, to judicial posts ordinarily reserved for members of the Indian Civil Service, but in their case the maximum period to be added will be ten years.
3 and 4Not printed.
5The provisions of this article do not apply to officers of the departments and holders of the appointments mentioned therein who are under the rule-making control of the Government of the Uttar Pradesh and are recruited on or after October 1, 1938.
Ruling of the Comptroller and Auditor-General
The date of first officiating appointment should be taken as the date of recruitment for the purpose of Article 404-A (Auditor-General of Indias letter to A. G., U. P., no. 8-A/171-47, dated January 10, 1948.
Section IIPERIODS OF LEAVE
Superior and Inferior Services
407. Except as provided in Article 408, time passed on leave other than privilege leave, or subsidiary leave taken under the Rules in force prior to 29th July, 1920, does not count as service.
In the case of inferior servants, however, who were in service on October 1, 1947, any leave taken by them prior to that date counts as service to the extent to which it counted under the rules applicable to such servants prior to that date.
NOTE1. In the case of Government servants on foreign service out of India, leave granted to them by the foreign employer on full or average pay or equivalent terms, will up to a limit to four months on any one occasion be treated as privilege leave for the purpose of this article. All other leave with allowances will be dealt with as in Article 408, Civil Service Regulations.
NOTE2. In the case of Government servants recruited to the Provincial Subordinate and Specialist Services on or after January 1, 1936. any period of "earned leave" not exceeding 120 days in any one spell shall count as "privilege leave" in the calculation of service for pensions and additional pensions. Earned leave alternating with deputation out of India shall not be split up into different periods separated by deputation but treated as one continuous spell of leave which shall count for pension under this article up to a limit of 120 days, earned leave in excess of 120 days in any one spell shall count under Article 408.
NOTE3. Earned Leave in excess of period of 90 days taken in accordance with the order contained in Paragraph 7 of G.O. no G-1353/X232-1945, dated October 25, 1945, will count for pension as privilege leave under Article 407 instead of as leave with allowance under Article 408.
Decisions of the Government of India regarding Articles 407 and 408
The Government of India have decided that a period of military service, which has been allowed to count as part of service qualifying for pension under civil rules under Article 356, should be included in total service for the purpose of Article 408*. Privilege leave and other leave with allowances taken during the period of military service will count for pension under Articles 407 and 408 respectively like corresponding leave taken under civil leave rules. 408. Notwithstanding anything contained in Article 407, all periods of leave with allowances, except the leave refused under Fundamental Rules 86 or 86-A, shall count as service.
409. Not printed.
410. Time passed on leave obtained to be present at an examination which he passed before an officer is eligible for higher subordinate appointments, such as Deputy Magistracies, counts.
411. the government of India may at its discretion decide in the case of an officer (including a person in training for, but not actually appointed to, Government service), who is selected to undergo a course of training, whether the time spent in training shall count as service qualifying for pension. The State Government exercises similar powers in respect of officers serving under it.
NOTE1. The government of India and State governments may delegate their power under this article to Heads of Departments as regards officers serving under them.
NOTE2. the Government of India or a State Government may issue general orders under this article in regard to any specified class of officers under training.
Decision of the State Government
Counting of period spent in training in pension The Governor in Council has been pleased under Article 411 C. S. R. to declare that periods spent in training by Government servants holding lien on permanent and pensionable posts shall be treated as service qualifying for pension.
Deputation out of India
412. When an officer is deputed out of India on duty, the whole period of his absence from India counts. When an officer on leave out of India is employed, or is detained after the termination of his leave on duty, the period of such employment or detention counts.
Recall to duty
413. Time spent on the voyage to India by an officer who is recalled to duty before the expiry of any recognised leave out of India counts provided his return to duty is compulsory.
SECTION III SUSPENSION, RESIGNATION AND BREAKS IN SERVICE
Periods of Suspension
416. Time passed under suspension pending enquiry into conduct counts, if the suspension is immediately followed by reinstatement, but time passed under suspension adjudged as a specific penalty does not count.
417. If an officer who has been suspended, pending enquiry into his conduct is reinstated, but with forfeiture of any part of his allowances for the period of suspension, his period does not count (save with the special sanction of the Head of the Department) unless the authority who reinstates the officer expressly declares at the time that it shall count.
Resignations and Dismissals
418. (a) Resignation of the public service, or dismissal or removal from it for misconduct, insolvency in-efficiency not due to age, or failure to pass a prescribed examination entails forfeiture of past service.
(b) Resignation of and appointment to take up another appointment, service in which counts, is not a resignation of the public service.
419. (a) a Government servant who is dismissed, removed or compulsorily retired from public service, but is reinstated on appeal or revision, is entitled to count his past service.
(b) the period of break in service between the date of dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement, and the period of suspension (if any) shall not count unless regularised as duty or leave by a specific order of the authority which passed the order of reinstatement.
420. an interruption in the service of an officer entails forfeiture of his past service, except in the following cases:
(a) authorised leave of absence.
(b) unauthorised absence in continuation of authorised leave of absence so long as the office of the absentee is not substantively filled; if his office is substantively filled the past service of the absentee is forfeited.
(c) suspension immediately followed by reinstatement which need not be to the same office.
(d) abolition of office or loss of appointment owing to reduction of establishment.
(e) transfer to non-qualifying service in an establishment under government control, the transfer must be made by competent authority; an officer who voluntarily resigns qualifying service cannot claim the benefit of this exception. Transfer to a grant-in-aid school entails forfeiture.
(f) not printed.
(g) time occupied in transit from the one appointment to another provided that the officer is transferred under the orders of the competent authority, or if he is non-gazetted officer with the consent of the head of his old office.
421. The authority who sanctions the pension may commute retrospectively periods of absence without leave into leave without allowances.
"422. Interruptions in service either between to spells of permanent and temporary service or between a spell of temporary and permanent service or vice versa may be condoned by the Pension Sanctioning Authority subject to the following conditions, namely
(1) the interruptions should have been caused by reasons beyond the control of the government servant concerned;
(2) Service preceding the interruptions should not be less than of five years duration, and in cases where there are two or more such interruption, the total service, pensionary benefits in respect of which will be lost if the interruption are not condoned should not be less than five years, and
(3) Interruptions should not be more than of one years duration and in cases where there are two or more such interruptions the total period of interruptions sought to be condoned, should not exceed one year."
(The amendment takes effect from the date of publication in the Gazette).Provided that the above power may be exercised by the pension sanctioning authority in cases in which the qualifying service even otherwise is not less than of ten years duration.
Decisions of the State Government
It has been decided, in relaxation of the provisions of Article 422, that in case of re-appointment of a retrenched person on the same or any other post, the interruption between the date of retrenchment and re-appointment shall be treated as condoned but the period of interruption shall not be included in qualifying service.
[Finance Department no. G-2/3060/X-6-67, dated the 30th January, 1968.]*422-A. Deleted. *423. Deleted.
Decision of the State Government
With effect from April 1, 1961, Article 370-A, has been deleted and Article 370 has been re-written envisaging the counting towards pension of all continuous temporary or officiating service under the government of Uttar Pradesh followed without interruptions by confirmation in the same or any other post except in the cases mentioned therein. A question has been raised whether in view of the absence of a reference of Article 370 in the note under Articles 422 and 422-A interruptions could as from April 1, 1961 be condoned between spells of temporary service or between spells of temporary and permanent service. It is hereby clarified that condonation of such interruptions is not permissible under Articles 422-A or 422 C. S. R.
[Finance Department O. M. no. G-23729/X904-(15)-60, dated the 27th December, 1966].
423. (1) Upon any condition which it may think to impose, the authority competent to sanction the pension of an officer may condone a deficiency of three months in his qualifying service.
(2) The State Government may similarly condone a deficiency not exceeding twelve months.
(3) If an officer claiming superior service has also rendered inferior service.......................the State Government under whom he is serving may condone a deficiency in his qualifying service for pension on the superior scale not exceeding one-half of his inferior service subject to a maximum of twelve months in all.
Decision of the State Government
General principal governing condonation of deficiency in service:
(1) Condonation will not be considered where the services of an officer are terminated owing to
(b) voluntary retirement
(c) dismissal or discharge.
(2) Condonation may be considered if the services have been terminated owing to
(a) the abolition of a post, provided that the period of service rendered by the officer concerned is not less than 15 years, or
(b) the officer having lost all earning capacity owing to circumstances connected with the performance of his official duties, or
(c) ill health, provided that the Officer has not less than 15 years actual service (excluding period of leave) to his credit and the ill health has not been caused by irregular or intemperate habits, or
(d) the Officer having attained the age of superannuation provided that the total qualifying and non-qualifying service rendered by him is not less than 25 years.
Note the above principles are not intended to apply to cases falling under clause (3) of Article 423 since that clause does not strictly deal with condonation of deficiency in service but rather allows commutation of inferior service into superior service for the purpose of pension.