CHAPTER XVIII—JOINING TIME

Rules made by the Governor under Fundamental Rule 106

173. Not more than one day is allowed to a government servant in order to join a new post when the appointment to such post does not necessarily involve a change of residence from one station to another. A holiday counts as a day for the purpose of this rule.

NOTE—No joining time is admissible in the case of a Government servant transferred from one department to another under the control of the same officer and in the same station.

174. In cases involving necessary change of station, the joining time-allowed to a government servant is subject to a maximum of 30 days. Six days are allowed for preparation and, in addition, a period to cover the actual journey calculated as follows:

(a) A government servant is allowed—for that portion of the journey which he travels or might travel—

One day for each—

(b) For any fractional portion of any distance prescribed in clause (a) an extra day is allowed.

(c) When part of the journey is by steamer, the limit of six days for preparation may be extended to cover any period unavoidably spent in awaiting the departure of the steamer.

(363)

174-175] SUBSIDIARY RULES [CHAP. XVIII

(d) Travel by road not exceeding eight Kilometers to or from a railway station at the beginning or end of a journey does not count for joining time.

(e) A government servant whose pay does not exceed Rs. 100 is not ordinarily expected to travel by motor-car or horse-drawn conveyance plying for public hire and his joining time is calculated accordingly.

(f) A Sunday will count as a day for the purpose of the calculations in this rule.

*(g) When a Government Servant on transfer joins the new post at the new station without

*This insertion shall be deemed to have come into force w.e.f. 14-7-88 vide Notification no. G-1-1038/x-204/81 dated 4-9-1989.

availing of the full joining time of 6 days admissible to him under clause (a) he may be allowed to avail the unavailed period of joining time as special Casual leave within six months from the date of his transfer.

NOTE—The presiding officers and the establishment of the peripatetic court of the second Civil Judge, Meerut, Additional Civil Judge, Moradabad Additional Munsif, Moradabad, and the Additional Munsif of Kaimganj, Farrukhabad, will on the occasion of their transfer from one place to another within their jurisdiction, be entitled to the full joining time admissible under the above rule; provided that the period of their stay at the place of transfer is not less than two months, otherwise they will be entitled only to the period spent on the journey.

Exception—The authority sanctioning the transfer may, in special circumstances, reduce the period of joining time admissible under this rule.

175. When a government servant returning from leave out of India exceeding four months takes joining time before joining his post, his joining time shall be calculated as prescribed in rule 174 provided that it shall, if he so desires, be subject to a minimum of ten days.

NOTE—In the case of Government servants recruited to the provincial, specialist and subordinate services on or after January 1, 1936, and inferior government servants the term "four months" occurring in this rule shall be taken to mean "120 days."

176. By whatever route a government servant actually travels his joining time shall, unless a competent authority for special reasons otherwise orders, be calculated by the route which travellers ordinarily use.

177. If a government servant is authorized to make over charge of a post elsewhere than at his headquarters, his joining time shall be calculated from the place at which he makes over charge.

178. If a government servant is appointed to a new post while in transit from one post to another, his joining time begins on the day following that on which he receives the order of appointment.

NOTE—A second period of six days for preparation should not be included in the joining time of a Government servant when his appointment is changed while he is in transit from one appointment to another.

179. If a government servant takes leave while in transit from one post to another, the period which has elapsed since he handed over charge of his old post must be included in his leave, unless the leave is taken on medical certificate. In the latter case the period may be treated as joining time.

Order of the Governor regarding rule 179

It has been decided that the principle underlying Audit Instruction no. 4 below Fundamental Rule 105 is applicable also to the balance of joining time admissible on return from leave in the case of a government servant who proceeds on leave on average pay for a period not exceeding four months on medical certificate while in transit from one post to another. The balance of joining time to which the government servant will be entitled is the full joining time admissible under Fundamental Rule 105(b) (i) reduced by the period of joining time actually availed of prior to the commencement of the leave on medical certificate. Should the government servant join his new appointment before the expiry of such leave plus the balance of joining time admissible, the leave should be re-adjusted on the analogy of Audit Instruction no. 4 below Fundamental Rule 105.

180. If a government servant is appointed to a new post while on leave on average pay of not more than four months’ duration, his joining time will be calculated from his old station or from the place in which he received the order of appointment, whichever calculation will entitle him to the less joining time.

Provided that if he receives intimation of his posting to another station before proceeding on leave on average pay of not more than four months’ duration, his joining time will be calculated from his old station or from the place from which he proceeds to join his new appointment, whichever calculation will entitle him to the less joining time.

NOTE—In the case of Government servants appointed to the provincial, specialist and subordinate services on or after January 1, 1936, and inferior Government servants the term "leave on average pay of not more than four months, duration" occurring in this rule shall be taken to mean "earned leave not exceeding 120 days".

181. The authority which granted the leave will decide whether the notice referred to in Fundamental Rule 105 (b)(ii) was insufficient.

182. A government servant transferred to a post in a vacation department during vacation may join his new post at the end of the vacation even though the joining time calculated under rule 174 above is thereby exceeded.

183. The sanction of the Government is required to the grant of joining time in excess of 30 days and such sanction will be given only in cases in which the spirit of the rules is not infringed.

Audit instruction regarding rule 183

Extension of joining time beyond a period of 30 days for the reasons stated in clause (b) of Subsidiary Rule 184 should be treated as a case in which the general spirit of the rules has been observed.

184. Within the prescribed maximum of 30 days a competent authority may, on such conditions as it thinks fit, grant to a government servant a longer period of joining time than is admissible under the rules in the following circumstanes:

(a) when the government servant has been unable to use the ordinary mode of travelling or, not withstanding due diligence on his part, has spent more time on the journey that is allowed by the rules; or

(b) when such extension is considered necessary for the public convenience or for the saving of such public expenditure as is caused by unnecessary or purely formal transfers; or

(c) when the rules have in any particular case operated harshly, as for example, when a government servant has though no fault on his part missed a steamer or fallen sick on the journey.

184–A. When a government servant under the administrative control of one Government is transferred to the control of another Government which has made rules prescribing the amounts of joining time, his joining time for the journey to join his post under the borrowing Government and for the return journey will be governed by the rules of the borrowing Government. This rule will apply even to cases where the government servant is on leave either before his transfer or before returning to his original post.