APPENDIX I

(REFERRED TO IN RULE 12)

The All-India Services (Travelling Allowances) Rules, 1954

In exercise of the powers conferred by sub-section (1) of section 3 of the All-India Services Act, 1951 (LXI of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules. namely:—

1. Short title—These rules, may be called the All-India Services (Travelling Allowance) Rules. 1954.

2. Definition—In these rules, unless the context otherwise requires—

(a) "Government" means in the case of a member of the Service serving in connection with the affairs of the Union, the Central Government, and in the case of a member of the Service serving in connection with the affairs of a State, the Government of that State.

(b) "Member of the Service" means a member of an All-India Service as defined in section 2 of the All-India Services Act, 1951.

3. Regulation of travelling allowance—(1) Every member of the service shall be entitled to the highest class of accommodation (which does not include air-conditioned accommodation in the case of travel by railway) for travel (on duty in India). In all other respects the travelling allowance admissible to such member and the conditions in which those allowances are payable shall be regulated by the appropriate rules of the Government under whom he is serving for the time being:

Provided that Government may by general or special order regulate the entitlement of a member of the Service to travel by air-conditioned accommodation:

Provided further that in the absence of first class accommodation on any particular train, a member of the Service may, at his option, travel by air-conditioned accommodation, and shall, when so travelling, be entitled to draw rail fare at the presumptive first class rate, in addition to such allowance for incidental expenses of the journey as may be admissible under the appropriate rules aforesaid.

(2) In respect of journey by land, sea or air, on duty outside India, a member of the Service shall be entitled to accommodation in accordance with the rules and orders on the subject governing members of the Indian Foreign Service ‘A’.

4. Travelling Allowance on transfer or deputation—The travelling allowances of a member of the Service who is serving under one Government shall, on transfer or deputation or service under any other Government, be governed by the rules of the Government under whom he is transferred or deputed to serve unless by a special or general order of the Government he continues to be governed by the rules of the Government under whom he was serving before such transfer or deputation:

Provided that in the case of a member of the Service transferred or deputed to serve under a constituent State or a joint cadre an order under this shall rule be passed by the joint cadre authority.

Government of India’s Decision

A question arose whether officers of the All India Services, who were borne on State cadre but were serving the Central Government at the time of retirement and who retired from service without reverting to the parent State Cadre, were entitled to travelling allowance admissible to Central Government servants on retirement under Ministry of Finance O.M. no. 5(109)-E IV-57, dated the 11th July, 1960.

The Government of India have held that in view of the provisions of rules 3 and 4 of the All-India Services (Travelling Allowance) Rules,1954 such officers are entitled to the benefit of retirement travelling allowance admissible under the orders of the Central Government referred to above.

(G.I., M.HA., O.M. no. 5/4/66-AIS (II), dated the 25th January, 1966).

5. Interpretation—If any question arises as to the interpretation of these Rules, the Central Government shall decide the same.

6. Repeal and Saving—All rules corresponding to these Rules in force immediately before the commencement of these Rules and applicable to members of the Service are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these Rules.

(No. 28/1/54—AIS (II), dated the 14th September, 1954)

Executive orders/instructions issued under the All-India Services (Travelling Allowance) Rules, 1954.

1. Conveyances at government expense of families and personal effects of officers who die while in service—In the case of All-India services officers, who die while in service, the following concessions will be admissible to members of their families, as defined in S. R. 2(8) for, purpose of Travelling Allowance Rules, provided the journey is completed within six months after the death of the officer.

2. Travel expenses will be admissible by the shortest route from the last headquarters of the officer to his normal place of residence which shall be the permanent home as entered in his service book or record or such other place as might have been declared to be the permanent home by the officer while in service.

3. The amount of travel expenses payable to the members of the family will be:

(a) For journey by rail and/or steamer—

(i) Actual fare (without the incidentals) of the class of accommodation, to which the deceased officer was himself entitled, for each member of the family.

(ii) Actual cost of transportation of personal effects on the scale admissible under S. R. 116(a)(II)(iii).

(b) For journey by road—

(i) One mileage allowance for one member of family, a second mileage allowance, if two other members of family, and a third mileage allowance, if more than two other members of family travel, at the rate applicable to the deceased officer.

(ii) Actual cost of transportation of personal effects on the scale admissible under S. R. 116(a)(II)(iii).

4. If at the time of the death of an officer, a member of his family happens to be at a station other than the officer’s last headquarters or being there proceeds to a station other than the normal place of residence, such member may draw the actual fare for the journey made by rail or steamer, road mileage for the actual distance of road journey and cost of transport of personal effects from the place where he was at the time of the officer’s death to the place to which he actually travelled, provided that the total expenses claimed shall not exceed the total mileage allowance and cost of transportation of personal effects up to the prescribed limit that would have been admissible, had such member travelled from the headquarters of the officer to the normal place of residence. (Government of India, Ministry of home Affairs letter no. 4/8/56-AIS (III), dated 17th January, 1958).

2. Travelling allowance for journeys to peruse official records at outstations in disciplinary cases—All-India Services Officers serving in connection with the affairs of the Union, who undertake journeys to outstations to peruse official records for the preparation of their defence in connection with the disciplinary proceedings instituted against them may be given travelling allowance as for a journey on tour without any allowance for halts. The travelling allowance will be allowed from the headquarters of the officer or from any other place where the officer may be spending his leave or where the suspended officer has been permitted on his own request to reside, but not exceeding what would be admissible had the journey been undertaken from the headquarters of the officer. The grant of the travelling allowance will be subject to the following further conditions:

(i) the inquiring officer certifies that the official records to be consulted are relevant and essential for the preparation of the defence statement;

(ii) the competent authority certifies that the original records could not be sent to the headquarters station of the officer or the bulk of the documents ruled out the possibility of copies being made out, and sent, and

(iii) the Head of Office under whose administrative control the officer is, certifies that the journey was performed with his approval.

(2) It has also been decided that, in the case of officers not under suspension at the time of undertaking the journey, the period spent in transit to and fro and the minimum period of stay required at the place where official records are made available for perusal should be treated as duty or leave, according as the officer is on duty or on leave at that time. In case of officers under suspension, who are subsequently reinstated in service, the period will be treated as duty, leave or otherwise in accordance with the orders passed by the competent authority under rule 9 of the All-India Services (Discipline and Appeal) Rules, 1955.

(3) In so far as All-India Services Officers serving in connection with the affairs of the States are concerned the State Governments have been requested to consider the desirability of framing similar instructions.

(Government of India, Ministry of Home Affairs, letter no. 16/5/59 AIS (II), dated the 19th November, 1959).

3. Travelling allowance on retirement—(1) Orders have been issued sanctioning the grant of travelling allowance to retiring Central Government servants vide Government of India, Ministry of Finance, O. M. No. 5(109), EIV / 57, dated the 11th July, 1960 (extract reproduced below). These orders are applicable to All-India Services Officers serving in connection with the affairs of the Union. As far as All-India Services Officers serving in connection with the affairs of the States are concerned the State Governments have been requested to take necessary action to extend the instructions, referred to above, under their own rules.

(Government of India, Ministry of Home Affairs, letter no. 16/15/60-AIS (II), dated the 27th October, 1960 and the 3rd February, 1962).

Extract from Government of India, Ministry of Finance O. M. No. 5(109)-EIV-57, dated the 11th July, 1960.

The President is pleased to sanction the grant of travelling allowance to retiring Central Government servants on the scale and the conditions set out in the succeeding paragraphs.

(2) The Travelling allowance referred to will be admissible in respect of the journey of the Government servant and members of his family from the last station of his duty to his home town and in respect of the transportation of his personal effects between the same places. The precise entitlement under the concession will be as follows:

(a) For journeys by rail and/or steamer—

(i) Actual fares including the tax on fares of the class of accommodation to which the Government servant was entitled on the date when he was last on duty in respect of self and members of his family, as defined in S. R. 2(8). No allowance for incidental expenses would be admissible.

(ii) Actual cost of transportation of personal effects on the scale admissible under S. R. 116(a)(I)(iii).

(b) For journeys by road—

(i)One mileage allowance for the Government servant, a second mileage allowance if two members of the family travel with him, and a third mileage allowance if more than two members of his family travel with him at the rate applicable to the Government servant on the date when he was last on duty.

(ii) Actual cost of transportation of personal effects on the scale admissible under S. R. 116(a)(II)(iii).

(c) For journeys partly by one mode of travel and party by another—

As admissible under sub-paras (a) and (b) above, in so far as they are respectively applicable.

Note—(1) The actual cost of transporting a motor car or other conveyance maintained by a government servant before his retirement is not reimbursible under these orders, but the motor car or conveyance may be treated as part of the personal effects for the purpose of the application of the scale referred to in clauses (a) to (c) above.

Note—(2) No mileage allowance will be admissible for journeys between residence and the railway station or bus terminal as the case may be at either end.

(d) For journeys performed in the officer’s own car or in a private car between stations connected by rail/steamer—

As admissible under sub-para (b), limited to railway/steamer as admissible under sub-para (a).

(3) The grant of the concessions will be further subject to the following conditions, clarifications and subsidiary instructions:

(i) The concession will be admissible by the shortest route from the last place of duty of the government servant to his home town. The place which a government servant may have declared to be his home town for the purposes of the leave travel concessions, sanctioned under the Ministry of Home Affairs O. M. No. 43/1/55 Est(A)-Part II, dated 11th October, 1956, shall be regarded as his home town for the purposes of these orders also. Failing a declaration by the government servant of his home town for the purpose of the leave travel concession, the place entered in his service book or other service record may be treated to be his home town.

(ii) Where a government servant wishes to settle down not in his home town but at another place, he may be permitted to avail the concession up to the later place. In that event the amount reimbursible to him would be that which would have been admissible had he actually proceeded to his home town, or the amount reimbursible had the latter place been the ‘home town’, whichever is less.

(iii) The concession may be availed of by a government servant who is eligible for it at any time during his leave preparatory to retirement or during refused leave or within 6 months of the date of his retirement.

(iv) The concession will be admissible to permanent Central government servants who retire on a retiring pension or on superannuation, invalid or compensation pension. It will not be so admissible to government servants who quit service by resignation or who may be dismissed or removed from service.

(v) The concession will also be admissible to (i) quasi-permanent employees and (ii) temporary employees who retire on attaining the age of superannuation or are invalided or are retrenched from service, without being offered an alternative employment, provided that they have put in a total service of not less than 10 years under the Central Government at the time of retirement / invalidment / retrenchment.

(vi) In the case of a person whose domicile is elsewhere than in India or who intends to reside permanently outside India after retirement, the concession will be admissible up to the railway station nearest to the port of his embarkation. In the case of such a person who travels by air, the concession of travelling allowance by rail/road under these orders will be admissible up to the airport of employment for himself and members of his family, and up to the port of despatch for his personal effects.

(vii) Where an officer is re-employed under the Central Government while he is on leave preparatory to retirement or within six months of the date of his retirement, the concession admissible under these orders may be allowed to be availed of by him within six months of the expiry of the period of his re-employment.

(viii) In the case of a Government servant who availed of the Leave Travel Concession under the All-India Services (Leave Travel Concession) Rules, 1974 during one year preceding the date of retirement or commencement of leave preparatory to retirement, as the case may be, the amount of travelling allowance admissible under these orders will be reduced by the amount reimbursed to him on account of the Leave Travel Concession as above. These conditions may be waived by the Controlling Officer in case of invalidment from service.

(4) The Travelling Allowance claims admissible under these orders will be on Travelling Allowance Bill forms like Transfer Travelling Allowance claims. The claims of officers who were their own controlling officers before retirement, will, however, be countersigned by the next superior administrative authority. The claim of an officer who before retirement was employed as the Comptroller and Auditor General or as a Secretary to the Government of India may be countersigned by his successor-in-office. The certificates required to be furnished by the officers in respect of Transfer Travelling Allowance claims will also be required to be furnished in respect of claims for travelling allowance under these orders.

(5) Before re-imbursing the travelling allowance admissible under these orders, the countersigning authorities should satisfy themselves, as far as possible, that the claimant and members of his family actually performed the journeys to the home town or the other place to which he might have proceeded to settle there, e.g. by requiring the production of original railway vouchers relating to transportation of personal effects, conveyance etc.

(6) Payment of travelling allowance claims under these orders may be made by the Treasury Officer in relaxation of rule 21 of the Central Treasury Rules, i.e. he may make the payment of such claims even after the issue of a last pay certificate and without asking the retired officer to surrender the last pay certificate which will be required for the purpose of the finalization of his pension.

(7) The concession admissible under these orders will be admissible to all persons who retire on and after the date of issue of these orders.

                                                    back2_b.gif (10045 bytes)    home4_b.gif (7945 bytes)