CORRIGENDA—I
1. Fundamental Rule 18 (Chapter III—General conditions of Service—page 25) may be substituted as under:—
*18. Unless the Government, in view of the special circumstances of the case, otherwise determine, after five years continuous absence from duty elsewhere than on foreign service in India, whether with or without leave, no Government servant shall be granted leave of any kind. Absence beyond five years will attract the provisions of rules relating to disciplinary proceedings.
2. Fundamental Rule 22 (Chapter IV—pay—Pages 28-37) may be substituted as under and Auditor General’s decision, Audit Instructions and orders of Governor regarding rule 22 will remain unchanged:—
†22. The initial substantive pay of a government servant who is appointed substantively to a post on a time-scale of pay is regulated as follows:—
(a) If he holds a lien on a permanent post other than a tenure post or would hold a lien on such a post had his lien note been suspended—
(i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of rule 30) than those attaching to such permanent post, he will draw as initial pay at the stage of the time-scale next above his substantive pay in respect of the old post;
(ii) when appointment to the new post does not involve such assumption, he will draw as initial pay at the stage of the time-scale which is equal to his substantive pay in respect of the old post, or, if there is no such stage, the stage next below that pay, plus personal pay equal to the difference and, in either case, will continue to draw that pay until such time as he would have received an increment in the time-scale of the old post, or for the period after which an increment is earned in the time-scale of the new post, whichever is less. But if the minimum pay of the time-scale of the new post is higher than his substantive pay in respect of the old post, he will draw that minimum as initial pay;
(iii) when appointment to the new post is made on his own request under rule 15 (a) and the maximum pay in the time-scale of that post is less than this substantive pay in respect of the old post he will draw that maximum as initial pay.
(b) If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial pay the minimum of the time-scale;
Provided that where a government servant holding a post in a temporary or officiating capacity and drawing pay in a pay scale, the maximum of which (exceeds Rs. 1,200 or Rs. 1,720 in the scales of pay introduced with effect from August 1, 1972 or July 1, 1979) respectively, or Rs. 2,050 with effect from January 1, 1984 (in respect of scale of pay introduced with effect from July 1, 1979) is appointed or promoted to another post carrying duties or responsibilities of greater importance, his initial pay in the time scale of the higher post will be fixed at the stage
*(This amended rule shall be deemed to have come into force w. e. f. 12-9-89 vide Notification No. G-4-34/X-89-4-83, dated 12-9-89.)
†(This amended rule shall be deemed to have come into force w. e. f. 1-7-79 vide Notification No. G-2-692/X-303-81 dated 26-7-1988).
next above the pay drawn in the pay scale of the lower post. The benefit of pay so fixed is, however, restricted to the period during which the government servant would have continued to work on the lower post but for his appointment/promotion to the higher post.
Provided further that both in cases covered by clause (a) and in cases, other than cases of re-employment after resignation or removal or dismissal from the public service, covered by clause (b), if he either
(1) has previously held substantively or officiated in—
(i) the same post, or
(ii) a permanent post or temporary post on the same time-scale, or
(iii) a permanent post, other than a tenure post, on an identical time-scale, or a temporary post on an identical time-scale, such post being on the same time-scale as permanent post; or
(2) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated,
then the initial pay shall not be less than the pay, other than special pay, personal pay or emoluments classed as pay by the Governor under rule 9 (21) (iii), which he drew on the last such occasion, and he shall count the period during which he drew that pay on such last and any previous occasions for increments in the stage of the time-scale equivalent to that pay. If, however, the pay last drawn by the government servant in a temporary post has been inflated by the grant of premature increments, the pay which he would have drawn but for the grant of those increments shall be taken for the purposes of this proviso to be the pay which he last drew in the temporary post.
Exception—The condition in paragraph (iii) of the second proviso that the temporary post should be on the same time-scale as a permanent post shall not be enforced when a temporary post is (i) created by one Government or Department for the purpose of work of the same nature as the ordinary work for which permanent posts exist in a cadre under different Government or Department, and (ii) sanctioned on a time-scale identical with the time-scale applicable to the permanent post in the cadre under the different Government or Department.
(c) when, after initial fixation of pay in the pay scales introduced with effect from July 1, 1979, appointment is made to a selection grade post in a substantive or officiating capacity, the pay will be fixed at the stage next above the pay in respect of the ordinary grade and the benefit of the second proviso of F.R. 30 may be extended in such cases subject to all the conditions of that rule being satisfied.
NOTES—(1) if the Government servant is entitled to overseas pay in the new post but was not drawing overseas pay in the old post the overseas pay in the new post shall not be taken into account in determining the stage in the time-scale of the new post to which he is entitled under clause (a).
(2) For the purposes of this rule sterling overseas pay shall be converted into rupees as such rate of exchange as the Government may by order prescribe.
3. Fundamental Rule 22-B (Chapter IV-Pay-pages 35-36) may be substituted as under. Other provisions under sub-rule (2) (i) (pages 36-39) will remain the same:—
*22-B (1) Notwithstanding any thing contained in these rules, where a Government servant holding a post in a substantive, temporary or officiating capacity is promoted or appointed either in a substantive, temporary or officiating capacity to another post carrying duties and responsibilities of greater importance than those attached to the post held by him, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the pay arrived at by notionally increasing his pay in respect of the lower post by one increment at the stage at which such pay has accrued:
Provided that—
(i) the provisions of this rule shall not apply where a Government servant holding a post in a substantive, temporary or officiating capacity and drawing pay in a pay scale the maximum of which exceeds Rs. 900 p.m., Rs. 1200 p.m., Rs. 1720 p.m. ( Rs. 2050 p.m. with effect from January 1, 1984) or Rs. 4500 p.m. respectively in the scales introduced with effect from April 1, 1965, August 1, 1972, July 1, 1979 or January 1, 1986, is appointed in a substantive, temporary or officiating capacity to a post carrying higher duties or responsibilities; and
(ii) the provisions of Fundamental Rule 22-B (1) shall be deemed to have been made applicable without any pay limit with effect from January 1, 1988.
Provided further that the provision of sub-rule (2) of Fundamental Rule 31 shall not be applicable in any case where the initial pay is fixed under this rule:
Provided also that where a Government servant is immediately before his promotion or appointment to higher post, drawing pay, at the maximum of the time-scale of the lower post, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by an amount equal to the last increment in the time-scale of the lower post:
Provided that if a Government servant either:
(1) has previously held substantively or officiated in —
(i) the same post, or
(ii) a permanent or temporary post on the same time-scale, or
(iii) a permanent post other than a tenure post or a temporary post on an identical time-scale, or
(2) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held substantively, or in which he has previously officiated;
*(This amended rule shall be deemed to have come into force w.e.f. 1-1-86 vide Notification No. G-2-818/X-303-83 dated 4-8-1989.)
The proviso to Fundamental rule 22 shall apply in the matter of the initial fixation of pay and counting of previous service for increment.
4. Fundamental Rule 23 (1) (part II Chapter IV-pay-page 40) will remain as it is. Sub-Rule (2) and Note 1 and 2 may be substituted as under. Audit instructions and Orders of Governor regarding Rule 23 will remain the same:–
(2) Notwithstanding anything contained in sub-rule (1) above, a Government servant may, insofar as the option for the new scales of pay introduced with effect from April 1, 1965, is concerned, elect the said new scales of pay either from the aforesaid date or from the date of his next increment in the old scale of pay falling immediately after the said date, and the like option shall be separately available to him in respect of the post, if any, on which he may be officiating.
*NOTE—1. Sub-Rule (2) of Fundamental Rule 23 will also apply mutatis mutandis to cases of option for the new scales of pay introduced with effect from August 1, 1972 or July 1, 1979 subject to the condition that it will also apply to cases of option where a Government servant elects the new scales of pay from the date of his appointment falling between August 1, 1972 and March 7, 1973 or July 1, 1979 and September 30, 1981 respectively.
†NOTE—2. Sub-Rule (2) of Fundamental Rule 23 will also apply mutatis mutandis to cases of option for the new scales of pay introduced with effect from January 1, 1986, subject to the condition that a Government servant may elect the said new scales of pay from the date of his next or any subsequent increment or from the date of his appointment falling between January 1, 1986 and March 31, 1989 (both dates inclusive).
5. Under Fundamental Rule 30 (part II-Chapter IV-pay-page 52) Note (2) may be added as under. Other provisions under Rule 30 will remain unchanged.
(2) For the purpose of this rule, the officiating appointment shall not be deemed to involve the assumption of duties or responsibilities of greater importance if the post to which it is made is on the same scale of pay as the permanent post, other than a tenure post, on which he holds a lien or would hold a lien had his lien not been suspended or on a scale of pay identical therewith.
6. Fundamental Rule 31 (1) (part II-Chapter IV-pay-page 57) will remain as it is. But Sub-Rule (2) and Not will be substituted as under. Audit Instruction and Orders of Governor regarding Rule 31 will remain the same.
**(2) On an enhancement in the substantive pay, as a result of increment or otherwise, the pay of such Government servant shall be fixed under sub-rule (1) from the date of such enhancement as if he was appointed to officiate in that post on that date where such re-fixation is to his advantage:
*This note shall be deemed to have come into force w.e.f. 1-7-79 vide Notification No.G-2-1697/X-534 (9)-82, dated 25-6-1983.
†The note-2 shall be deemed to have come into force w.e.f. 1-1-86 vide Notification No. G-2-523/X-308-89, dated 16-8-89.
**(This amended sub-rule shall be deemed to have come into force w. e. f. 1-1-1986 vide Notification No. G-2-523/X-308-89, dated 16-8-1989.)
Provided that insofar as the new scales introduced with effect from April 1, 1965, August 1, 1972, July 1, 1979 and January 1, 1986 are concerned, nothing in this sub-rule shall entitle the Government servant to claim re-fixation of pay in the post in which he is officiating until the date of option exercised by him in respect of that post:
Provided further that nothing in the preceding proviso shall apply where the pay scale relating to the higher post has not been revised with effect from the said date:
Provided also that the provisions of Fundamental Rule 22-B shall not be applicable in the matter of re-fixation of pay under sub-rule (2).
NOTE— Where the increment of Government servant in the post in which he is officiating has been withheld under rule 24 or rule 25, without any reference to the increments that will accrue to him in the post held by him substantively, the provisions contained in sub-rule (2) of this rule shall not apply before the date from which the orders withholding the increment finally cease to be operative. However, during the period of penalty of withholding the increment, the Government servant may be allowed pay equal to his substantive pay from time to time if the same happens to be more than the officiating pay, the difference between the substantive pay and the officiating pay being allowed to the Government servant in the shape of personal pay.
7. Regarding Orders of the Governor under Fundamental Rule 56 (part II-Chapter IX-Compulsory Retirement-Page 109) the following may be added:–
Repealed w.e.f. 18-4-75 vide Notification No. G-2-58/X-534 (19) 90 Dated 18-1-90.
8. Regarding Sub-Rule (1) (Earned Leave) under Fundamental Rule 81-B (part II-Chapter X-Leave-page 129) the following may be added as foot-note:–
*For calculation of leave see revised order contained in O.M. No. G-4-1751/??-201-76 dated 24-6-78.
9. Regarding Sub-Rule (3) (Leave on private affairs) under Fundamental Rule 81-B (Part II-Chapter X-Leave-page 132) the following may be added as foot-note:–
*For calculation of leave see revised order contained in O.M. No.?-4? 03/??–200-79 dated 30-10-79.
10. Fundamental Rule 87-A (part II-Chapter X-Leave-page 150) may be substituted as under:–
*87-A. A Government servant subject to the leave rules in Fundamental Rule 81-B, when on leave, shall be entitled—
(1) If on earned leave, or on leave on medical certificate against the limit of twelve months laid down in that rule, to leave salary equal to the pay drawn immediately before proceeding on leave;
Provided that if the government servant is reverted from a post carrying a higher scale of pay to a post carrying a lower scale of pay and proceeds on leave, from the date of his reversion, he will
*(This amended rule shall be deemed to have come into force with effect from April 1, 1978 vide Notification No. G-4-1395/X-38-200-76, dated October 13, 1988).
be entitled to leave salary equal to the pay which would have been admissible under the rules had he not proceeded on leave;
(2) If on leave on private affairs under sub-rule (3) or on leave on medical certificate under the first proviso to sub-rule (2) (i) of Fundamental Rule 81-B, to leave salary equal to half the amount specified in sub-rule (1).
(3) If on commuted leave, to leave salary, equal to the amount admissible under sub-rule (1).
(4) If an extraordinary leave, to no leave salary.
NOTE—In the case of a person to whom the provisions of Employees State Insurance Act, 1948, apply the leave salary payable under this rule in respect of leave on medical certificate shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.
Orders of the Governor regarding Rule 87-A
(1) In the cases of government servants to whom rule 87-A applies, the authority competent to grant leave has no power to alter the nature of leave applied for.
(2) The authority which granted leave to a government servant governed by rule 87-A, can commute it retrospectively into leave of a different kind which was admissible at the time the leave was originally granted but the government servant concerned cannot claim it as a matter of right. (See also orders of the Governor under subsidiary Rule 158.)
(3) The Commutation of one kind of leave into another automatically carries with it the drawal of arrears of leave salary or recovery of amounts overdrawn.
(The above Orders of Governor shall be deemed to have come into force with effect from April 1, 1978 vide Notification No. G-4-1895/X-38-200-76, dated October 13, 1988).
11. Subsidiary Rules 12, 13,14,15,16 and 17 (part III-Subsidiary Rules-Chapter III-Certificate of fitness for Govt. Service-page 215-217) may be substituted as under:—
*12. The Certificate shall, except in the case of women candidates be signed by senior Superintendent, Chief or Principal Superintendent of the Government Hospital of the district in which the candidate is resident or in which he is to be employed, provided that a Senior Superintendent, Chief or Principal Superintendent of the District Government Hospital shall not examine a candidate or grant him a certificate except on the written request of the appointing authority. In such a Government Hospital where the post of Senior Superintendent, Chief or Principal Superintendent does not exist or the incumbent is not appointed or is on long leave and the Superintendent or other officers of Senior scale is incharge, the certificate shall be signed by the Chief Medical Officer of that district.
* 13. Before the authorised Medical Officer is requested to examine a candidate, the appointing authority shall, as far as possible, satisfy himself that the candidate has not previously been rejected as unfit for permanent employment by any medical authority and if the candidate has been so rejected the appointing authority shall bring the fact prominently to the notice of the
(*These amended rules shall be deemed to have come into force w.e.f. 10-4-1990 vide Notification No. G-1-152/X-534(15)67 dated April 10, 1990.)
Medical Officer to whom the case is referred under Rule 12 or Rule 17 for examination and shall state the cause of the rejection, if known or ascertainable, by a letter.
*14. Deleted.
*15. If in any case a candidate is not satisfied with the decision of Senior Superintendent, Chief or Principal Superintendent, Chief Medical Officer or Superintendent (woman) as the case may
be, he may appeal to the Divisional Medical Invaliding Board through the head of the office or department concerned, and the latter shall forward the appeal to the Board. The Board shall on receipt of the appeal fix a date for its disposal and intimate the candidate on the time and date fixed. The candidate may appear before the Board on the date fixed at his own expense.
*16. When a government servant in whom a defect has been noticed by the examining medical officer, but which defect is not considered to be a disqualification for employment in the particular office or department in which he is serving, is subsequently transferred to another office or department the duties of which are of a different character, the transfer shall not be regarded as permanent until the Medical Officer has at the written request of the head of the new office or department, certified either that the defect previously noticed has disappeared or that it does not constitute a disqualification for the new duties entrusted to the government servant.
*17. No woman candidate for permanent employment in the service of the Government shall be required to undergo a Medical examination by a male Medical Officer. In such a case the appointing authority may accept certificate in the prescribed form from a Senior Superintendent, Chief or Principal Superintendent (woman) of the district Government Woman Hospital. In such a district Hospital when the posts of Senior Superintendent, Chief or Principal Superintendent (woman) do not exist or the incumbents are not appointed or they are on long leave, the certificate shall be signed by the Superintendent (woman) of the district Hospital.
NOTE—Deleted.
*(These amended rules shall be deemed to have come into force w.e.f. 10-4-1990 vide Notification No. G-1-152/X-534(15)67 dated 10-4-1990.)
