CHAPTER XVI—Conditions of Qualifying Service

SECTION I—DEFINITION OF QUALIFYING SERVICE

Beginning of service

358. (a) Except for Compensation gratuity, an officer’s service does not in the case of Superior and Inferior services qualify till he has completed twenty years of age.

(b) In other cases, unless it be otherwise provided by special rule of contract the service of every officer begins when he takes charge of the office to which he is first appointed.

Note 1—Not printed.

Note 2—Not printed.

359. The following exceptions are admitted to twenty years rule:—

(3) Sub-assistant Surgeons count service from the date they pass their final examination.

NOTE—Pupils of the Civil Hospital Assistant Class in Medical Colleges who were granted leave under Article 52(c) count service from the date on which the leave begins.

360. Deleted.

Conditions of qualifications

361. The service of an officer does not qualify for pension unless it conforms to the following three conditions:—

First—The service must be under Government.

Second—The employment must be substantive and permanent.

Third—The service must be paid by Government.

These three conditions are fully explained in the following Section.

(1) The service of a Treasurer of one or more District Treasuries who does not himself do the work of office in any of the Treasuries, but appoints an agent to do it for him, is not pensionable as no claim to pension is admitted when a person’s whole-time is not retained for public service [Article 352 (c) C.S.R.] but is merely paid for work done for the State.

[Government of India, Finance Department no. 3230, dated the 9th July, 1895]

(2) In cases in which a Divisional Treasurer is a firm consisting of several partners, each of whom does the work of one of the Divisional Treasuries each such partner actually performing the work of a Treasurer at a separate treasury is entitled to pension.

[Government of India, Finance Department no. 895-P, dated the 12th February, 1907]

361-A. The Government of India may, however, in the case of service paid from General Revenues even though either or both of conditions (1) and (2) are not fulfilled:—

(1) declare that any specified kind of service rendered in a non-gazetted capacity shall qualify for pension;

(2) in individual cases and subject to such conditions as it may think fit to impose in each case, allow service rendered by an officer to count for pension.

Subject to such conditions as it may think fit to impose, the State Government may delegate its powers under this Article to the Heads of Departments.

NOTE—Not printed.

Decisions of the Government of India

The Local Government can allow the benefit of Article 368 (now Article 361-A, Civil Service Regulations), irrespective of the provisions of Article 381-B, Civil Service Regulations to an officer whose whole service was temporary whether followed by permanent service or not.

[Government of India, Finance Department no. 895-P, dated 12th February, 1907]

Decisions of the State Government

Treatment of temporary service of men who are enlisted as constables in connection with additional police appointed under section 15 of the Police Act, 1861—The Governor in Council is pleased under Article 361-A of the Civil Service Regulation to declare that the temporary service of men who are enlisted as constables in connection with additional Police appointed under section 15 of the Police Act, 1861, or special temporary reserves and who are subsequently enlisted in the regular police shall count for pension provided the interruptions between temporary service and confirmation in the regular line are condoned under the rules published in government order in notification No. A—5203/10-255 Dated the 10th October 1930 vide G.O. No. 1306/VIII—106, Dated the 8th March, 1932 the term "Special temporary reserves" used in G.O. No. 306—VIII—106 Dated March 6, 1932. dose not include the Five Hundred Constables Who were temporarily appointed under G.O. No. 440/VIII-521, dated March 6, 1933, to replace the men deputed to the Hardwar Ardh-Kumbh Mela of 1933. In the case of those 500 constables the Governor in council is pleased, under article 361-A civil service regulations to declare that their temporary service shall count for pension if they are subsequently enlisted in the regular police.

[Vide G.O. no. 2149/VIII—106, dated the 27th November 1933]

2. Counting of temporary service of certain constables for pension—(I) The Governor has been pleased under Article 361-A to declare that the temporary service of men who were enlisted as constables during the year 1939-40 and 1941 in connection with various schemes concerned with War expansion and Political activities such as vulnerable point guards, protection of strategic railways. District Intelligence staff expansion. Criminal Investigation Department expansion, etc. and who are subsequently enlisted in the regular Police shall qualify for pension.

[Police Department G.O. no. 1667/VIII—23241, dated the 29th July, 1941]

3. The temporary service of constables enlisted in connection with the Police arrangements for the Allahabad kumbha Fair of 1942 in accordance with the orders issued in G.O. no. 334-P/VIII, dated the 30th June, 1941, who subsequently joined the regular Police Force, shall count for pension.

Any interruption between the temporary service of the constables mentioned above and their confirmation in permanent posts should be condoned under the rules published with Finance Department, notification no. A—5203/X—255, dated the 10th October, 1930.

4. The Governor has been pleased to declare under Article 361-A, C.S.R. that the temporary service of constables enlisted in the year 1942 and subsequent years until the termination of the war in connection with the various schemes connected with the war, and who are subsequently either absorbed or re-enlisted in the regular police shall qualify for pension.

5. Date from which orders relating to pensionary concessions should take effect—Such cases are of two types:—

(i) Those in which the Head of a Department himself requests Government to Grant a Concession under Article 361-A or 422-A, or 423 or 371, C.S.R. and sanctions the pension after the matter has been settled.

(ii) Those in which retired Government servant makes a request for a concession under one of the above mentioned article after he has actually been granted a pension.

The Governor has decided that the question of giving retrospective effect does not arise in cases falling under class: (i) i. e., it will automatically be allowed to him as the pension is sanctioned after the grant of concession. In the cases falling under class (ii) retrospective effect should not be given to orders if a concession is granted. But if benefit of doubt is given because Government have failed to keep the necessary papers to prove whether the Pensioner’s contention is right or wrong or the Pensioner is given what was his right but which was not sanctioned in the first instance for some reasons or other, then the order should be given retrospective effect. In the orders granting a pensionary benefit the date of effect should invariably be mentioned.

[U.P. Finance (M) Department, notification no. M-253/X-612-43, dated the 9th February, 1945]

6. The Governor in Council is pleased to declare under Article 361-A, Civil Service Regulations, that service rendered in the Auxiliary Police Force should count for pension in the case of men who are accepted for transfer to the Regular Police Force. This sanction, so far as pension is concerned should be restricted to cases in which the pension does not exceed Rs. 5 per mensem, vide Note (a) to Article 361-A, Civil Service Regulation.

7. The continuous service in the mobilized Civil Guards shall count for pension in the case of any member who has enlisted or who may hereafter enlist the U.P. Police.

8. The Governor has been pleased to declare, under Article 361-A, Civil Service Regulations that the temporary service of passed cadets of 1944 and subsequent sessions of the Police Training College until the termination of the war rendered in vacancies in connection with war schemes shall qualify for pension.

9. Substantive service in a permanent post qualifies for pension unless the service in a particular permanent post is specifically declared as non-qualifying under Article 350, C.S.R. When a temporary post is made permanent or a permanent post is sanctioned, it is not necessary to state that the post in question would also be pensionable under Article 361 C.S.R.

[P.H. Department G.O. no. 3391/XVI—901-1948 dated the 24th February, 1950]

361-B. Not printed.

Section II—FIRST CONDITION

362. The service of an officer does not qualify unless he is appointed and his dues and pay are regulated by the Government, or under conditions determined by the Government. The following are examples of officers excluded from persion by this Article :

(1) * * * * * *

(2) Officers of a Municipality :

(3) Officers of Grant-in-aid Schools and Institutions (e.g., the Asiatic society and Canning College at Lucknow):

(4) Subordinates appointed by treasurers on their own responsibility, e.g., Tahsildars in the Province of Agra...................

363. Not printed.

364. Not printed.

Service paid from contract allowances

365. Service on an establishment paid from a Contract Establishment Allowance, with the detailed distribution of which the Government does not interfere, does not qualify, whether such contract allowance is a fixed amount or consists of fees.

Exception—Service of whole-time regular servants paid from contingencies up to March 31, 1947, who were in service on that date, shall qualify from the following date.

"366. An Officer retiring on or after April 1, 1962 shall count his service, including continuous temporary or officiating service on establishment paid from the House-hold Allowance of the Governor, only if such temporary or officiating service is followed without interruption by confirmation in any pensionable post.

NOTE—If service rendered in a work charged or non-pensionable establishment or in a post paid from contingencies falls between two periods of temporary service on establishment paid from the House hold Allowance of the Governor or between periods of temporary service and permanent service which qualifies for pension, it will not constitute an interuption of service."

(The amendment takes effect from April 1, 1962).

Service under an employer other than Government

367. In the following cases Service under an employer to whose position Government has succeeded qualifies :

(a) Service rendered to an Indian State and continued to the British Government on the lapse are annexation of the State, when old age are infirmity renders the officer a fit object for pension.

(b) Not printed.

Section III—SECOND CONDITION

General principles

368. Service does not qualify unless the officer holds a substantive office on a permanent establishment.

369. An establishment, the duties of which are not continuous but are limited to certain fixed periods in each year, is not a temporary establishment. Service in such an establishment, including the period during which the establishment is not employed, qualifies; but the concession of counting as service the period during which the establishment is not employed does not apply to an officer who was not on actual duty when the establishment was discharged, after completion of its work, or to an officer who was not on actual duty on the first day on which the establishment was again re-employed.

370. Continuous temporary or officiating service under the Government of Uttar Pradesh followed without interruption by confirmation in the same or any other post shall qualify except—

(i) periods of temporary or officiating service in non-pensionable establishment;

(ii) periods of service in work-charged establishment; and

(iii) periods of service in a post paid form contingencies.

(The amendment takes effect from April 20, 1977)

NOTE—If service rendered in a non-pensionable establishment, work-charged establishment or in a post paid from contingencies, falls between two periods of temporary service in a pensionable establishment or between periods of temporary service and permanent service in a pensionable establishment, it will not constitute an interruption of service.

Apprentices and probationers

372. Service as an apprentice does not qualify, except in the following cases:—

373. The service of a probationer who holds a substantive office and draws substantive pay qualifies. So does that of an officer who is on probation for a substantive office if he is employed in a vacancy reserved for him pending probation, and in which no other officer simultaneously counts service.

Decisions of the Government of India

(1) Probationary service not followed by confirmation does not qualify for pension.

[Government of India, Finance Department Memo no. 1620, dated March 31, 1868, and Government of India, Finance Department U.O. no. 6786-C.S.R. dated the 22nd December, 1925].

NOTE—It has been decided by the Auditor-General with the concurrence of Government of India that the above orders do not debar a Government servant from counting his probationary period for pension though he is confirmed in a post other than in which he was appointed on probation.

[Auditor-General’s no 316-A/153-39, dated the 27th June, 1939]

(2) A man having no, substantive appointment, officiating for some time in a vacancy caused by the absence of the permanent incumbent; can count his officiating service even if his subsequent probationary service in which he was engaged in continuation of his officiating service fails to satisfy the conditions of Article 373 and hence does not qualify.

[Government of India, Finance Department no. 3084-F, dated the 13th May, 1904]

(3) A Government servant holding a substantive appointment in one office and transferred as a probationer on a subsistence allowance to another office may count towards leave and pension his services in the latter capacity. It is essential, however, that the officer should retain a lien on his substantive appointment so that he may return to it in the event of his not being confirmed. Moreover, as under Article 355 (b) C.S.R. two officers cannot simultaneously count service in respect of the same office, no other officer may either be confirmed in the appointment substantively held by him or count for pension his service in that appointment.

[Government of India, Finance Department no. 59 C.S.R., dated the 15th May, 1912, and Auditor-General’s decision no 46, in summary of Audit decision (Punjab during 1912-13)].

Decisions of the State Government

(2) Cadets, who pass from the P. T. C., Moradabad, and are posted to districts for practical training before their appointment as probationary Sub-Inspectors of Police hold no substantive posts while under training and their service for that period cannot qualify for pension.

[G. O. no. 2398/VIII—450, dated November 20, 1935]

374. Police probationers and temporary and officiating Assistant Superintendents of Police in all Provinces count their service as follows :—

(1) If recruited in England—from the date from which they draw pay.

(2) If recruited in India under the orders in Secretary of State’s despatch no. 14, dated the 15th March, 1894—from the date of assuming charge of their appointments.

(3) If recruited in India before the date of the orders of 1894 mentioned in (2) above—from the date either of attaining the age of 20 years or of assuming charge of their appointments, whichever is later, provided that the service has been continuous.

Article 375 — deleted w.e.f. April 1, 1961

Permanent Officer deputed

376. An officer on a permanent establishment detached on temporary duty, on the understanding that when the temporary duty ceases, he will return to permanent establishment, counts his detached service.

Decisions of the State Government

The term "temporary duty" mentioned in this article does not cover the case of a Government servant whose tenure in the duty was temporary although the post in which he performed the duty was permanent. It applies only to such cases in which the duty itself was temporary. Consequently, a Government servant holding substantively a permanent pensionable post can count temporary duty for pension only when it is rendered in a temporary post created for a limited time and not when it is rendered in a permanent non-pensionable post. Time passed on duty by such a Government servant on a permanent non-pensionable post does not, therefore, qualify for pension.

In view of this it was directed that whenever a appointing authority makes such transfers, it should clearly explain to the government servant concerned that his service in the non-pensionable post will not qualify for pesion and should give him the option to accept or refuse such a transfer. If he refuses the offer other arrangements should be made to fill up the vacancy.

[G. O. no. A-1104/X-199, dated 21st September, 1936]

Decisions of the Government of India

(1) A permanent officer doing temporary duty counts his detached service in respect of his permanent appointment and not in respect of his temporary duty (See Article 490).

[Government of India, Finance Department no. 1009-F, dated the 3rd March, 1897]

(2) When, under Article 89, a Local Government suspends the lien of an officer on his substantive appointment, he counts service for pension in respect of the quasi-permanent appointment he, actually holds and consequently his locum tenens counts service in respect of his substantive provisional appointment.

[Government of India, Finance Department no. 5040-P, dated the 8th September, 1905].

(3) The expression "temporary duty" occurring in this article means duty in a temporary post.

[Government of India, Finance Department no. 385—CSR-26, dated the 8th February, 1927].

(4) The Government of India with the Secretary of State’s approval, have decided that service rendered by Civil Assistant Surgeons as temporary officers in the Indian Medical Service, Whether before or after the 1st September, 1921, should be allowed to count for leave, promotion and pension under the Civil Rules of their reversion to Civil employment.

[Government of India, Army Department letter no. Z—7602—2-DM. S. I., dated the 12th November, 1929, copy received with Government of India, Finance Department endorsement no. F-164-R.I.-29, dated the 7th January, 1930].

(5) Civil Sub-Assistant Surgeons transferred to military duty during the present war will count their actual military service as double for purposes of pay, promotion and pension in the Medical Department, but the Provincial Government (U. P.), have agreed to meet the enhanced pensionary liability on account of the Civil Sub-Assistant Surgeons deputed by them for military duty, counting "active military service" double for pension.

(6) It has been ruled by the Government of India, that Article 376, Civil Service Regulations refers to cases of officers detached on duty in temporary appointment and does not cover the case of an officer officiating in a permanent non-pensionable post.

[Government of India, Finance Department letter no. F-385—CSR/26, dated the 8th February, 1927].

377. The preceding article permits the temporary suspension of the second condition of qualifying service which forms the subject of this section; it does not authorise any relaxation of first condition (Section II) or in the third condition (Section IV).

378. Service as Private Secretary to the Governor-General, a Governor or a Lieutenant-Governor, qualifies provided that the officer belonged, before his appointment as Private Secretary, to the Civil Service of Government, whether the Indian Civil Service or not.

Substantive Office Abolished

379. If the substantive office of an officer is abolished within the meaning of Article 426, but the officer is at the time, on special duty, or is, on abolition of his office, deputed on special duty, his service on special duty qualifies, but the duty must be special, mere employment, in continuation of permanent employment, in a temporary appointment which happens at the time to be vacant, does not qualify.

1. Not printed.

Piece Work

380. A Press servant who is paid for piece-work, is treated as having held a substantive office, if—

(i) he is employed; not casually, but as a member of fixed establishment; and

(ii) during the last seventy-two months of his actual employment he has been attached to one office uninterruptedly for twenty-four months or it has not been through his own choice or misconduct that he has not been so attached.

Surveys and Settlements

381. (a) The service of an officer not merely temporarily engaged in the under mentioned Settlement and Survey Departments which are (or were) on a quasi-permanent footing qualifies :

(Not printed).

(b) Except in the regular Department and to the extent above specified, Settlement and Survey service does not count unless it is followed, without interruption, by qualifying service. Settlement Service followed, without interruption, by pensionable service paid from a Patwari Fund also qualifies.

(c) Service as measurers employed in the record-of-rights work in Berar counts when such service is followed, without interruption, by qualifying service.

NOTE—1. From the dates mentioned, the following posts have been declared to be on quasi-permanent footing :

(a) In the settlement office in Uttar Pradesh from October 1, 1899 :

Head and Second Clerk.

Sadar Munsarim.

Settlement Officer’s Reader.

Nazir and Record-keeper.

(a) had not completed an aggregate of three years’ service in the Settlement Department on April 1, 1941, or

(b) rejoin the Settlement Department after April 1, 1941, with less than an aggregate of three years’ previous service in that Department,

(c) join the Settlement Department for the first time after April 1, 1941.

NOTE—2. Not printed.

Decisions of the State Government

Settlement service will count to the same extent as temporary or officiating service counts under Article 370.

[G. O. no. G-2-2772/X—913-50, dated 20th August, 1962.]

Decisions of the Government of India

(1) All Settlement service even if paid from contingent grant followed without interruption by qualifying service counts.

[Government of India, Finance Department no. 85—P, dated the 6th January, 1908.]

(2) An interruption between an officer’s non-qualifying service in the Survey and Settlement Department and his subsequent qualifying service may be condoned under Article 422, Civil Service Regulations in order to make the former service qualifying under Article 381(b) Civil Service Regulations.

[Government of India, Finance Department no. 100, C. S. R., dated the 23rd January, 1918.]

382. Deputy Collectors and similar Gazetted officers, when not specially employed for temporary work, are not affected by the preceding article, as they count service independently of the particular department to which the happen for the time to be attached.

Exception

383. A Medical Officer in-charge of a Government vessel may count his service a float, if he is transferred, without interruption of his service, to the Civil Medical Service.

384. Not printed.

Section IV— THIRD CONDITION

Sources of Remuneration

385. Service which satisfies the conditions prescribed in Sections II and III qualifies, or does not qualify, according to the source from which it is paid; with reference to this article, service is classified as follow :—

(a) Paid from the General Revenues.

(b) Paid from Local Funds.

(c) Paid from Funds in respect to which the Government holds the position of Trustee.

(d) Paid by Fees levied by law, or under the authority of the Government or by Commission.

(e) Paid by the Grant, in accordance with law or custom, or a tenure in land, or of any source of income, or right to collect money.

General Revenues

386. Service paid from the General Revenues qualifies. The fact that arrangements are made for the recovery, on the part of the Government, of the whole, or part, of the cost of a establishment or officer, does not affect the operation of this principle : Provided that the establishment or officer is appointed, controlled, and paid by the Government.

NOTE—In making arrangements for the recovery or cost of establishments, it should not be or gotten that Government has to bear not only the immediate cost but also that of leave allowances and pensions—(See Article 783).

Examples—

(f) when Police officers are entertained at the cost of individual and corporate bodies an additional charge of one-fourth of the pay of officers whose pay is not less than Rs. 100 a month, and of three-sixteenths of the pay of others must be defrayed by persons for whose benefit the officers are employed :

Provided always that the additional charge shall not be made when such officers do not belong to the regular Police, but are only temporarily engaged, their service not counting for pension, or when the pay of the officers is a charge upon the General Revenued—[See Article 495 (b)].

387. Not printed.

388. Not printed.

389. Not printed.

Local Funds and Trust Funds

390. Service paid from a Local Fund qualifies, or does not qualify, according to the Rules laid down in Chapter XIII.

391. Service paid from Funds which Government hold only as a Trustee such as under a Court of Wards or in an Attached Estate, does not qualify.

Fees and Commission

392. Except when fees or commission are drawn in addition to pay from the General Revenues, service in an office paid only by fees whether levied by law or under the authority of Government or by a commission, does not qualify:

1. Service as official assignee does not qualify.

2. Not printed.

Tenures in Lands etc

393. Service paid by the grant, in accordance with law or custom, of a tenure in land, or of any other source of income, or right to collect money, does not qualify.

394. Not printed.

Section V—DISTINCTION BETWEEN SUPERIOR AND INFERIOR SERVICE

395. Qualifying service is divided into Superior and Inferior.

396. Appendix 7-A, Part I, contains a list of appointments specially classed as superior. All service on pay exceeding Rs. 10 in an appointment not mentioned in Appendix 7-A is superior and service (in such an appointment) on pay not exceeding Rs. 10 is inferior:

(1) The State Government may transfer any appointment or a class of appointments on pay exceeding Rs. 15 a month from the inferior to the superior class unless the appointment falls under one or the other of the following entries in Appendix 7-A, Part I :—

(a) menials and inferior servants,

(b) messengers, orderlies, and other petty officers.

NOTE—If the pay of appointment is progressive the maximum pay is the criterion for the purpose of the above rule.

(2) The State Government may also transfer individual appointments irrespective of pay from the inferior to the superior category.

397. Cancelled.

398. Not printed.

399. The claims of an officer, promoted from an Inferior to a Superior grade as a reward for meritorious service, will be specially considered by the State Government under whom the officer is serving. This rule is to be strictly interpreted and a claim under it can be founded only on exceptional promotion made out of the ordinary course.

Exceptional cases

400. If an officer holds two or more offices, each of which is Inferior by reason of its pay not exceeding Rs. 10, he cannot count service as superior on the ground that his aggregate pay exceeds Rs. 10 unless the offices were arranged and their pay determined with the intention that they should be held by one individual.

401. Not printed.

402. (a) When the regular duties of an officer whose pay exceeds Rs. 10 but who bears an Inferior designation, are really such as are ordinarily performed by a Superior servant, his claim to pension should be specially referred to the State Government.

NOTE—It is not intended by this Article that an Inferior servant should count service as, Superior in virtue of his voluntarily assisting in Superior work. It provides for the case of a person who is engaged under due authority to do superior work, though with an Inferior desigation.

(b) On the other hand, an officer whose real duties are those of an Inferior servant, even though his pay exceed Rs. 10 is not entitled to pension on the Superior scale merely because he draws pay under a Superior designation.

Examples—Accountants in the Province of Agra who served under the designation of Potdars. A lithographic Pressman designated as "Copying Clerk".