Saturday, March 28, 2009

Appendix-24

.(i) Under the provisions of sub Rule (1) of Rule 4 A of Punishment and Appeal Rules 1987, an appointing authority or any other authority to which it is subordinate or the punishing authority for minor punishment or any other authority empowered to do so by the Governor of Haryana may place a Govt. employee under suspension, when
a) a disciplinary proceedings against him is contemplated or is pending, or
b) a case against him in respect of any criminal offence is under investigation, inquiry or trial.
In case where the order of suspension is made by any authority lower than the appointing authority, such authority shall at once report to the appointing authority the circumstances in which the order was issued.
(ii) Under the provisions of sub Rule (2) of Rule 4A of Punishment and Appeal Rules, 1987, a Govt. employee shall be deemed to have been placed under suspensipn by an order of appointing authority :
a) with effect from the date of his detention when he is detained in custody on a criminal charge or otherwise for a period lasting more than 48 hours.
b) With effect from the date of his conviction and on conviction of an offence he is sentenced to imprisonment for a period lasting more than 48 hours although as a result of this conviction, he is not dismissed or removed or compulsory retired immediately.
Explanation :
The period of 48 hours referred to in the above clause (b) shall be counted from the commencement of imprisonment after the conviction and the intermittent periods of imprisonment if any shall be taken into account for this purpose.
(b) Periods of Suspension
a) Sub Rule 3 of Rule 4A of Punishment and Appeal Rules, 1987 lays down that in case a Govt. employee under suspension is dismissed, removed or compulsory retired from service and on review or on his appeal the penalty of dismissal, removal or compulsory retirement is set aside and further inquiry or action in the case is ordered, his suspension shall be deemed to have continued from the date of original order of dismissal. removal or compulsory retirement from service which shall remain in force
until further orders.
b) Sub Rule 4 of Rule 4A of Punishement and Appeal Rules, 1987 provides that when in consequence of the decision of a court of law, a penalty of dismissal, removal or compulsory retirement from service against a Govt. employee is set aside and the Punishing authority on consideration decides to hold a further enquiry on the allegations on which above penalty was imposed, the Govt. employee shall be deemed to have been placed under suspension by the appointing authority from the date of original order of penalty, which shall remain in force until further orders.
c) In sub Rule (6) of Rule 4A ibid, it has been provided that when a Govt. employee is under suspension or deemed suspension in connection with any disciplinary proceedings or otherwise and during this period of suspension, any other disciplinary proceeding is commenced against him, the competent authority on its written direction may prolong the suspension or deemed suspension of a Govt. employee until termination of all or any of suchproceedings.
d) An order of suspension made or deemed to have been made under Rule 4A ibid may at any time be modified or revoked by the authority compe tent to do so and that such an order shall continue in force until it is modified or revoked by the competent authority specified under the rules. Vide Sub Rule 5 & 7 of Rule 4A of Punishement and Appeal Rules, 1987

The authority competent to order dismissal of a Govt. employee may direct that the payment of any sum due on the date of suspension to a Govt. employee placed under suspension and suspected of embezzlement may be deferred until such time the said authority passes final orders on the charges framed against him but may order to release the payment of this sum on furnishing security for the reimbursement of the said money. However, such a Govt. employee shall be entitled to the payment of subsistence allowance during the above period. Rule 5 of P. &A. Rules, 1987.

It is made clear that suspension was treated as major punishment vide Rule 4(v) of P&A Rule 1952. On the introduction of new rules as Punishment & Appeal Rules 1987 suspension is not treated as punishment vide Rule 4A of P&A Rules 1987. As such, at present suspension is not a penalty.

a) The following penalties under Punishment and Appeal Rules, 1987 may for good and sufficient reasons be imposed on a Govt. employee namely :
Minor Penalties(i) Warning with a copy in the personal file (Character roll) (ii) Censure (iii) Withholding of promotion.
(iv) Recovery in full or in part from pay of any financial loss caused by negligence or breach of orders of the State/Central Govt./Govt. or local authority set up by an act of Parliament or State Legislature. (v) Withholding of increment of pay without future effect.
Major Penalties (vi) Withholding of increment of pay with future effect. (vii) Reduction to a lower stage in the time scale for a specified period with a direction as to whether or not the Govt. employee will earn increments of pay during the period of reduction and whether on expiry of such period the reduction will or will not affect the postponing of future increment of his pay.
(viii) Reduction to a lower scale of pay/grade, post or service barring to the promotion of the Govt. employee to the time scale of pay, grade, post or service from which he was reduced with or without direction regarding conditions of seniority or pay on restoration to such position which he was reduced. (ix) Compulsory retirement. (x) Removal from service which shall net be a disqualification for future employment under the Govt. (xi) Dismissal from service which shall ordinarily be a disqualification for future employment under the Govt. Vide Rule 4( 1) of P & A Rules, 1987.
b. The authorities competent to impose any of the above penalties as per clause (a) above upon persons (Govt. employees) to whom these rules apply shall be such as may be prescribed by the Govt. in the rules regulating the appointment and conditions of service of such persons.

The following will not amount to penalty within the meaning of P & A Rules, 1987 namely:
(i) Withholding of increment of pay of a Govt. employee for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post he holds or the terms of his employment.
(ii) Stoppage of a Govt. employee at the EB in the time scale of pay on the grounds of his unfitness to cross the bar.
(iii) Non-promotion of a Govt. employee in substantive or officiating capacity after consideration of his case to a service, grade or post for promotion to which he is eligible.
(iv) Reversion of a Govt. employee officiating on a higher service, grade or post to a lower position on the ground of his being considered to be unsuitable for such a position on administrative ground unconnected with his conduct.
(v) Reversion of a Govt. employee appointed on probation to any other service, grade or post to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or rules and orders governing such probation.
(vi) Compulsory retirement of a Govt. employee in accordance with the provisions relating to his superannuation or retirement.
(vii) Termination of the service:
(a) of a Govt. employee appointed on probation, during or at the end of the period of probation in accordance with the terms of appointment or the rules and orders governing such probation.
(b) of a temporary Govt. employee appointed otherwise than under contract on the expiry of the period of appointment or on abolition of the post or before the due time in accordance with the terms of appointment.
(c) of a Govt. employee under an agreement in accordance with the terms of such agreement. Vide Explanation below Rule 4(1) of P & A Rules, 1987.

process of awarding major penalty is initiated and finally concluded.
A. The procedure in respect of imposition of major penalties as laid down in Rule 7 of P & A Rules, 1987 is given as under :
(i) It has been laid down that a major penalty shall not be jmposed upon a person without affording him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(ii) The grounds on which such action is proposed to be taken shall be given the form of a statement of charges and a statement of allegations on which each charge is based. Then these statements under the cover of a memo (Commonly known as charge sheet memo) shall be sent to the Govt. employee concerned through registered post. The Govt. employee shall be given a reasonable time to send reply to the charge sheet to the punishing authority. The punishing authority also provides him an opportunity of personal hearing if he so desires and if the punishing authority is not satisfied with the explanation of person charged, it may himself enquire into the charges or may appoint an Inquiry Officer to enquire into the same.
(iii) Where an inquiry is ordered to be held, the punishing authority shall appoint a Govt. employee to be known as Presenting Officer to present on its behalf the case in support of the charges, and the person charged is also allowed to obtain the assistance of a Govt. employee or a retired Govt. employee if he so desires in order to produce his defence before the Inquiry Officer. The provision further stipulates that if in any enquiry counsel is engaged on behalf of any deptt. of Govt., the person against whom the charges are being enquired into, shall also be entitled to engage counsel. Then during inquiry proceedings the presenting officer leads before the Inquiry Officer all evidence as to the charges which are not admitted and the person charged is also entitled to cross examine, the witness, to give evidence in person and to have such witnesses called before Inquiry Officer in his defence as he may wish.
(iv) The Inquiry Officer after completing an inquiry submits the inquiry report to the punishing authority and in case the punishing authority on considering the Inquiry report arises at a provisional conclusion in regard to the penalty to be imposed, it supplies the Govt. employee with a copy of the report of the inquiring authority and calls upon him to show cause within a reasonable period against the particular penalty proposed to be imposed upon him. Any representation submitted by the person charged is taken into consideration and then final orders imposing the penalty are issued.Vide Rule 7 of P & A Rules, 1987.
penalty is initiated and finally concluded.

Under Rule 9 of Punishment and Appeal Rules, 1987, every Govt. employee against whom a punishment order has been passed under Rule 4 of P & A Rules, 1987 has a right to appeal against the said order to such superior authority as may be prescribed by Govt. in the rules regulating his conditions of service against an order not being an order of Govt. (Political Govt.) The right of appeal is available to a Govt. employee if the order has been passed by Administrative Secretary. In this case order has been passed by the State Govt. Thus no appeal lies against this order. However, the employee may file a memorial with the Governor and Govt. may while considering the memorial review its order of punishment.
Based on Rule 9 of P & A Rule, 1987 Read with Appendix V of Guidelines regarding Procedure in Disciplinary Cases.

. The period of limitation for appeal is 45 days from the date on which a copy of the order to be appealed against is delivered to the applicant.Vide Rule 10 of P& A Rules, 1987.

In accordance with the provision of sub rule 5 of Rule 4 A of P&A Rules 1987
the orders of suspension made or deemed to have been made under this rule continues to remain in force until it is modified or revoked by the authority competent to do so. As such when orders of suspension are revoked and the suspended employee joins duty, he will be entitled to draw the pay from the date of joining in terms of Rule 3.19 of Pb. CSR Vol. I Part-I.

Govt. retains an absolute right to retire a Govt. employee after he has attained the age of 50 years. This right is exercised in the public interest specially when reputation for corruption is clearly established. This is the executive power vested under the rules while it may not be expedient to take up such a step against the employee under the P&A Rule, 1987. In accordance with the provision of Note below Rule 5.32A(c) of Pb. CSR Vol. II read with Rule 3.26(d) of Pb. CSR Vol. I Part-I orders for retirement of such an employee are passed by the Competent Authority by giving 3 month's notice or 3 month's pay as the Competent Authority may deem fit in regard to the above case where ACR for doubtful integrity has been found within the last 10 years of his service record. A model form for giving such an order has been prescribed by Govt.


.
(i) Withholding stoppage of increment with future effect, (ii) Withholding of promotion for a specified period. (Hi) Compulsory retirement.
(iv) Withholding of increment for failure to pass departmental examination.
(v) Reversion for not satisfactorily completing probation period

Every Govt. employee has a right to appeal against whom order of punishment have been issued to the next higher authority. But the orders for stoppage of increment have been passed by the Govt, the officer can not make an appeal against the order of Govt. Vide Rule 9(i) of P&A Rules, 1987. He would, therefore, be advised to file a memorial to the Governor in which case the order of punishment may be reviewed by the Govt. while considering the memorial submitted to him.Vide Rule 9 of P & A Rules, 1987.

Appendix-23

The following are the main provisions of Govt. Employees Conduct Rules 1966:
(1) Employment of near Relatives of Govt. Employees in companies or Firms.
(i) Each Govt. employee has been prohibited to use his official position or influence directly or indirectly in securing employment for a member of his family in any firm or a company,
(ii) Class fAf officer has further been barred without prior sanction of Govt. to permit his son/daughter or other dependent to accept employment in any company or firm with which he has official dealings or the company or firm which has official dealings with the Govt. In case such an employment is required to be accepted urgently, the same should be accepted provisionally. An intimation to this effect needs to be given to the Govt. at the earliest and necessarily within 3 months and permission of Govt. obtained.
(iii) A Govt. employee on becoming aware of acceptance of employment by a member of his family in any company or firm shall immediately intimate the fact to the prescribed authority and also intimate whether he has any official dealings with that company or firm. However, in case of class B officer, who has already obtained prior permission is not required to give such an intimation to the prescribed authority.
(iv) A Govt. employee has been forbidded to deal with any matter or contract to any undertaking or any person in which member of his family is interested. In such a case, he shall seek further instructions from his official superior to dispose of the matter accordingly. (Rule 4)
2). Taking part in Politics or Elections.
(i) A Govt. employee has been totally banned to associate, assist, subscribe or take part in any political party or such organisation in any manner.
(ii) Every Govt. employee is required to prevent a member of his family to take part, aid, subscribe and assist directly or indirectly in any movement/ activities to overthrow the Govt. legally established and in case he is unable to do so, shall make a report to that effect to the Govt.
(iii) The Govt. employee has either been prohibited to take part in any election to any legislature or local body or also disallowed to convass, interfere or use his influence in such election (The use and display of any electoral symbol on his vehicle, residence or on his person amounts to use of influence in this respect). But the Govt. employee has been allowed to exercise the right of his vote without indicating the manner of voting and has also been allowed to perform his duty in the conduct of election under the law of the
land. (Rule 5)
3) Joining of Association by Govt. employee.
The Govt. employee has been wholly denied to join or be a member of the association involved in activities prejudicial to the interest of the sovereignty and integrity of India or Public order or morality.
4) Demonstration & Strikes
The Govt. employee has been forbidded to participate in any demonstration directed against the interest of sovereignty and integrity of India etc. The Govt. employee is also not required to take part in strike in connection with his or any other Govt. employee's service matter. (Rule 7)
5) Connection with Press or Radio
(i) The Govt. employee has been wholly denied access to the editing or management of any newspaper or other periodical publication except with the prior sanction of Govt. (ii) The Govt. employee with the prior sanction of prescribed authority or in the discharge of his bonafide duties has only been permitted to publish a book himself or through a publisher or contribute an article to a book or to
participate in radio broadcast or contribute any article or write a letter to a newspaper/periodical and has been totally forbidden to do so either in his own name or any other person's name anonymously or pseudonymously without prior sanction, but no sanction is required if such publication, contribution or broadcasting is of purely literary, artistic or scientific character. (Rule 8)
6) Gifts.
(i) No Govt. employee is required to accept or permit any member of his family to accept any gift which includes free transport, boarding or any other service or pecuniarv advantage from any person including his friend or relative. The Govt. employee has further been disallowed to accept lavish or frequent hospitality from any individual having official dealings, or from any firm, industry or organisation but a casual meal, gift or social hospitality is permittted.
(ii) However, a Govt. employee has been permitted to accept gift from his relative or friends on the occasions of wedding, anniversaries, religious or other functions upto the value of Rs. 500/- and in case of gift exceeding Rs.500/- he is required to make a report to the Govt.
7) Prohibition of Dowry.
The Govt. employee has been forbidden to give or take dowry or demand the same from parents or guardians of a bride or bridegroom as the case may be.
8) Private Trade or Employment
(i) The Govt. employee has been denied to engage himself directly or indirrectly in any trade, business and employment without prior sanction of Govt. but has been permitted to undertake honorary work of Social or charitable, artistic or Scientific character without sanction but in that case he is required to submit a ftill detailed report to the Govt. within one month of his undertaking. He has further been barred to accept any elective office in such undertaking without prior sanction of Govt.
(ii) The Govt. employee has been advised not to take part in the registration, promotion or management of any bank, company or Co.op Society for commercial purposes but has been permitted to do so with the prior sanction of Govt. or when his official duties so require or when such action in case of Co.op society is required for the benefit of Govt. employee or of a literary, scientific or charitable nature and that he shall report to the Govt. full details of such activity within one month of his taking part ensuring further that his official duties will not suffer and further that he has not taken part in any activity leading to holding of an elective office or shall not seek election to any such office without prior sanction of Govt. The Govt. employee has been totally forbidden to accept any fee for any work done by him for public body or any private person without the sanction of the prescribed authority.(Rule 15)
9) Movable, Immovable Property.
(i) Every Govt. employee on his first appointment or thereafter when asked for by Govt. is required to submit a return of his assets and liabilities in the form of (i) immovable property (ii) shares, debentures and cash including bank deposits (iii) other movable property owned, acquired or held (on lease or mortgage in respect of immovable property) by him, his spouse or any other member of his family but is not required to include movable QT immovable property inherited or purchased by his family member frorr. their own funds in his return as clarified vide Chief Secretary letter No. 18 7/90-2G.S.I dated 21.12.1992.
(ii) The Govt. employee has been prohibited to acquire or dispose of any immovable property by lease, mortgage, purchase, sale or gift in his or in the name of any member of his family but has been allowed to do so with the previous knowledge of the prescribed authority but is also requirec obtain prior sanction of the authority if the transaction has to be done with a person having official dealings with Govt. employee or with a dealer who is not a regular or reputed dealer.
(iii) The Govt. employee has been allowed to acquire or dispose of movable property in his or in the name of his family members but has been required to report such transaction exceedng value of Rs. 10,000/- to the prescribed authority within one month of such transaction and has also been required to obtain prior sanction of the authority if the transaction is with a person having official dealings with the Govt. employee or with a dealer being a reputed one.
(iv) For the purpose of this rule :
Value of items of movable property costing less than Rs. 1000/- is to be shown in lumpsum and the value of clothes, utencils, crockery, books etc. need not be included.
(b) Value of items of movable property includes jewellery, insurance policies, loans, advances, all type of vehicles or conveyance, refrigerators, radios, radiograms, and other electronic goods.
(c) Prescribed authority means Govt. for Class I Govt. employee, Head of Deptt. for Class II Govt. employee and Head of office for Class III & IV Govt. employees and parent department for employees working on foreign service or on deputation.
(d) The term "Regular or reputed dealer" used in these rules should be inter preted to mean one who has regular business, premises and who keeps regular accounts of his transactions which can be verified at any time as clarified vide Govt. of India Dept. of Personnel & Administrative Reforms letter No. 11017/46/75AIS (iii) dated 13.4.76. (Rule 18)
10) Convassing
The Govt. employee has been forbidden to bring or attempt to bring any political or other influence upon his superior authority to further his interest for any of his service matter. (Rule 20)
11) Bigamous Marriages
The Govt. employee has been prevented to enter into a marriage with any other person having spouse and also a Govt. employee having a living spouse has been restrained to contract marriage with any other person but has been permitted to do so if it is permissible under personal law on any other ground. (Rule 21)
12) Consumption of Intoxicating Drinks and Drugs
i) The Govt. employee has been disallowed t<() take any drug or intoxicating drink in public or having taken such a drug* or drink has been advised not to be present on duty or in a public place and further prevented not habituall y to use such drug or drink. if) The Govt. employee has also been advised to strictly follow law relating to intoxicating drink or drugs in the area where he may happen for the time being and also shall ensure that his duties are not affected by the influence of such drinks or drugs. (Rule 22)

unauthorised communication of information with' the meaning of Rule 11 of Govt. Employee's Conduct Rules 1966 :
1) When a Govt. employee without the permission of Govt. communicate directly or indirectly any official information, document or any part thereof to any Govt. employee or any other person to which he has not been authorised to do so by the Govt.
ii) A Govt. employee is in his representation to Head of Office or Head of Dept. quotes a reference from any letter, circular, office memorandum and from notes on any file to which he has not been authorised to do so.

In terms of Rule 15 of Govt. Employees Conduct Rules 1966, a Govt. employee has not been allowed to engage himself in any trade or business or undertake any other employment but he may undertake an honorary work of a social or charitable nature or occasional work of artistic or scientific character subject to the following conditions :
l) He shall report the same to the Govt. with full details of the work.
ii) His official duties do not suffer.
iii) He shall discontinue any such work if so directed by Govt.
Further Sub clause 3 of Rule 16 provides that no Govt. employee shall without previous sanction of Govt. take part in the registration, promotion or management of the Company.

Rule 16 of Govt. employee's Conduct Rules 1966 lays down that no Govt. employee shall lend money to any person at interest without previous sanction of the Govt. As such it is irregular to keep saving with an Artiah on interest without previous sanction of Govt. and this irregularity renders him liable to disciplinary action under P & A Rules, 1987.

A Govt. employee has not been allowed to acquire or dispose of any immovable property by lease, mortgage, purchase, sale or gift in his own name or in the name of any member of his family but has been allowed to do so with the previous knowledge of the prescribed authority but is also required to obtain prior sanction of the authority of the transaction which have to be done with a person having official dealings with Govt. employees or through a dealer not being a reputed one Vide Rule 18 of Govt. Employees Conduct Rules 1966.
(ii) However, C.S. Hry. vide letter No. 1817/90/2GSI dated 21.12.1992 has clarified that moveable or immovable properties inherited or acquired by members of the family of a Govt. employee from their own funds are not required to be shown in his property return meaning thereby that in regards to such transactions sanction of the prescribed authority is not required.

Rule 18(3) of Govt. Employees Conduct Rules 1966 provides that where a Govt. employee enters into a transaction, he shall report the same to the prescribed authority if the value of such movable property exceeds Rs. 10,000/- but previous sanction of the prescribed authority shall be obtained if such transaction is with a person having official dealings with the Govt. employee or otherwise than through a regular or reputed dealer. In the present case transaction is regular if the value of coloured TV does not exceed Rs. 10,000/- or the same has been purchased through a reputed dealer.

Rule 18 (3) of Govt. Employees Conduct Rules 1966 provides that Govt. employee may acquire or dispose of movable property upto the value of Rs. 10,000/ - without any permission of competent authority and sanction of the prescribed authority is required if transaction is with a person having official dealing and amount of transaction exceeds Rs. 10,000/-. As such both the transactions undertaken by him in regard to sale and purchase of Scooter without prior approval of the prescribed authority contravenes the above provisions of Conduct Rules rendering him liable to disciplinary action under P & A Rules 1987.

The following regulations are applicable for acquiring property : (a) Immovable Property
Govt. employee has been prohibited to acquire or dispose of any immovable property by lease, mortgage, purchase, sale or gift' in his own name or in the name of any member of his family but has been allowed to do so
with the previous knowledge of the prescribed authority but is also required to obtain prior sanction of the authority if the transaction has to be done with a person having official dealings with Govt. employee or through a person who is not a regular or reputed dealer.
(b) Movable Property
Govt. employee has been allowed to acquire or dispose of movable property in his own name or in thenameofhis family member if the transaction does not exceed Rs. 10,000/-. If the transaction exceeds Rs. 10,000/- he should report the same to the prescribed authority within one month and prior sanction of the competent authority is required to be obtained if transaction is with a person having dealing with the Govt. employee or with a dealer not being a reputed one.
Vide Rule 18 of Govt. Employees Conduct Rules, 1966.
However, CS vide letter No. 18/7/90/2GSI dated 21.12.1992 has clarified that movable or immovable properties inherited or acquired by members of the family of a Govt. employee from their own funds are not required to be shown in his property return meaning thereby that in regards to such transactions sanction of the prescribed authority is not required.

No it is not permissible to a Govt. employee and member of his family to purchase or sale the shares, stocks or make any investment as provided for in Rule 16 of Punjab Govt. Employee Conduct Rules 1966.

Every Govt. employee after his marraige is required to furnish a declaration to his Head of Deptt. that he has not taken dowry. This declaration is to be signed by his wife, father and father-in-law.
Vide Rule 13B Govt. Employees Conduct Rules, 1966 RW C.S. Hr. No.l8/1/2004-2GSI dt. 21/2/2006

The following provisions have been made in the Govt. Employees Conduct Rules 1966 regarding prohibition of sexual harrasment of working women :-
i) No Govt. employee shall indulge in any act of sexual harrasment of any women at her work place.
if) Every Govt. employee who is incharge of a work place shall take appropriate steps to prevent sexual harrasment to any women at such work place -
Note:- Sexual harrasment include the following activities -
a) physical contact and advances
b) demands or requests for sexual favours
c) making any sexually coloured remarks
d) showing any pomographio material and,
e) any other unwelcome physical, verbal or non verbal conduct of a sexual nature.Vide Rule 3 A Govt. Employees Conduct Rules 1966

I-XIV

The service under the administrative control of Hr. Govt. have been classified as follows:
i) The state services class I.
u) The state services class II iii) The specialist sevices. iv) The state services class III v) The state services class IV.
Vide Rule 14.1 of Pb. CSR Vol.1 P.I

rules regarding filling up posts of short duration
(b) i) Officiating promotion in vacancies of two month or less than 2 month duration may be filled up by Administrative Secretary in case of gezetted appointment and Heads of Deptt. in case of non gezetted appointment.
if) Short term vacancies for duration exceeding two month may be filled up by authorities competent to make appointment against the posts. Vide Note 5 below Rule 14.4 of Pb. CSR Vol.1 P.I

rules regarding method of recruitment & other conditions of different services.


(c) Rules regarding method of recruitment and conditions of different services have been issued separately by the department concerned. For example H.A.S.II (Haryana Accounts Services-II) rules have been issued by Finance Department Haryana Govt. for Accounts Officers and Sr. Accounts Officers. Vide Rule 14.4 Pb. CSR Vol.1 P.I

I-XII

The following steps relating to the official career of the Govt. employee are recorded in the service book :
(i) Name of the Govt. employee his/her father's/husband name along with his/ her permanent address.
(ii) Date of birth in figure and in words.
(iii) Education Qualification.
(iv) Date of joining Government service.
(v) Medical fitness certificate and record of Character verification.
(vi) Name of the post and scale of appointment with special indication to the appointment order.
(vii) Date of increment/transfer/Promotion/Reversion (viii) Pay of the Govt. employee drawn from time to time.
(ix) Order of promotion/reversion/suspension/leave/punishment and grant of additional increments.
(x) Date of retirement/resignation/Death during service.
(xi) GPF/GIS A/c No.
(xii) Conditions of appointment such as passing of departmental examination if any.
(xiii) Nomination of GPF, GIS, DCRG etc.
(xiv) Leave A/C
(xv) Any other important events relating to Govt. employee's caieer.
Note:- Each entry indicated above must be attested by the Head of Office or any other Gazetted officer empowered to attest the same. Vide Rule 12.4 and 12.9 of Pb. CSR Vol. I Part-I.

The following procedures may be adopted for maintaining service book.
(a) The service book of non-gazetted employee shall be maintained by the Head of office in which he is employed.
(b) Service book of Gazetted Govt. employee shall be maintained by the Head of Depaitment/Office in which he is employed. The Service books of Head of Offices/Head of Department are required to be maintained by the next superior authority while Service books of HCS Officers are maintained by the Office of Chief Secretary (Establishment branch)
(c) Service Books are required to be kept in the custody of the Head of office in which he is serving and are transferred with him from one office to another.
(d) Eveiy event in Govt. employee's official life should be recorded in his service book. Each entry must be attested by the Head of office or any authorized gazetted Govt. employee.
(e) The Head of Office may authorise any gazatted Govt. employee serving under him to attest entries in the Service book of all Govt. employees.
(f) In the case of Head of office himself, the entries in service book should be recorded by his immediate superior.
(g) Every period of suspension and break in service should be noted with full details in the service book.
(h) The entries of leave sanctioned/availed of should be recorded.
(i) Service verification certificate should be recorded in the service book from time to time on the basis of acquittance roll maintained in the office. The verification of service should be in respect of all service qualifying for pension.
(j) When a Govt. employee is transferred to foreign service, all necessary particulars concerned with foreign service including the fact of recovery of leave salary and pension contribution may be recorded.
(k) The entries of appointment, promotion, reversion with necessary conditions should be recorded in the service book.
(1) Leave account of the Govt. employee should be worked out from time to time.
(m) Every Govt. employee must see that his service book is properly maintained.
(n) Reference to Security deposited by the employee should be recorded in the service book.
0) All signatures and initials of the attesting officer should be dated.
(p) The entries on the first page of the service book should be renewed or re-attested at least once, after every five years.
(q) Sufficient space should be left between each entry in order to keep it separate and distinct from the one next to it.
(r) Over writing or erasure should be avoided & all alterations should be initialed by the head of office.
(s) The name of the station, office and establishment to which Govt. employee belongs should be noted in column I of service book.
(t) A reference to records of punishment, censure, reward or praise of each employee should be made in the last column of service book.
(u) Service book received incomplete should be returned to the concerned office for completion.
(v) Personal certificate of character should not be entered in the service book without permission of H.O.D.
(w) Scale of the post as admissible from time to time should be entered in the service book.
(x) Entry of nomination regarding GPF, GIS, Gratuity etc. should be made in service book.
Based on Rule 12.1 to 12.9 of Pb. CSR Vol. I Part-I & Para 3.43 B & R Manual of orders.

The following are the common irregularities found in maintenance of service book:
(1) Re-attestation of entries after every five years in most of the cases is not done.
(2) Service books are not bounded properly.
(3) Date of termination of appointment is not entered in the requisite column on the occasion of grant of increment.
(4) Re-joining from leave is not attested.
(5) Date of joining new appointment after relief in old appointment is not entered.
(6) Signatures of officer concerned in the requisite column are not taken
(7) Date is not affixed with signature of head of office.
(8) Cancelment of leave is not entered.
(9) Corrections in service books are not always initialled, sometimes alterations are in pencil.
(10) sometimes alterations service books are initialled by the head clerk instead of by the Head of office.
(11) Service books received from other Offices on transfer are not scrutinized in many cases to see that they are complete and uptodate.
(12) Date of commencement of new appointment not shown.
(13) Alteration in recorded age is not verified with reference to the orders of the Competent Authority.
(14) Leave granted and taken but not entered in service book.
(15) No reason for break in service is given.
(16) Pay scale of the post held by him from time to time is not entered.
(17) Date of birth is not shown in words on front page.
(18) Date of regularisation of service not entered.
(19) Complete entiy of first appointment in Govt. service indicating appointment letter No. & date, mode of appointment, date of joining, pay scale of the post and conditions of appointment are not made.
(20) Entry of nomination regarding GPF, GIS, Gratuity etc. not made in service book. Based on Rule 12.1 to 12.9 of Pb. CSR Vol. I Part-I

. In terms of Note below Rule 12.3 of Pb. CSR Vol. I Part-I, a certified copy of service book may be supplied to the Govt. employee who asks for it on quiting Govt. service by retirement, discharge or resignation on payment of copying fee of Rs.5/- As such the request of the employee may be acceded to for supply of the copy of service book on payment of copying fee. (Rule 12.3

I-VIII

Different kinds of leave, their extent and leave salary are tabulated below:
1) Earned leave 8.116 & 8.133 Equal to full pay Upto 120 days in India & 240 days out of India.

2) Half pay leave 8.119 Equal to half pay Upto any extent it is due







3) Coimmuted leave 8.119(c) Equal to full pay Upto 50% of half pay leave due on medical grounds & H.P.L
upto a maximum of 180 days can be commuted if it is utilised for
approved course of study

4) Leave not due 8.119 (d) Equal to half pay , Upto 90 days


5) Extra Ordinary Leave 8.121 & 137 No leave salary Upto 6 month to 2 year to temporary employees and 5 years I
ncluding other leave to permanent Govt. employees.


6) Special Dis- 8.124 & Equal to full Upto 730 days.
ability leave 8.125 half pay.

7) Study leave 8.126 Equal to half pay Upto 12 months

8) Maternity leave 8.127 Equal tofull pay Upto 6 months

9) Hospital leave 8.128 Equal tohalf pay/ Upto 120 days
full pay.

(10) Terminal leave 8.138A Equal tofull pay Upto 120 days.

The following are the general principles for grant of leave.
1) Leave is earned by duty only. (Rule 8.1)
2) Leave cannot be claimed as a matter of right (Rule 8.15)
3) The nature of leave due and applied for by a Govt. employee cannot be altered at the option of sanctioning authority. (Rule 8.15)
4) Leave shall not be granted to * Govt. employee when a competent authority has decided to dismiss, remo^ e or compulsory (premature) retire from Govt. service (Rule 8.19)
5) Every application for leave on medical certificate made by a non-gazetted Govt. employee shall be accompai ted by a medical certificate given by RMP or a Regd. Vaid or Hakim. (Rule 8.13)
6) Leave on medical certificate Df a Gazetted Govt employee should normally be recommended by Medical B< ard/Committee. However leave upto 2 month may be recommended by Author sed medical Attendent & leave of indoor patient
(Gazetted Officer) may be rec ;>mmended by CMO/Dy. CMO. (Rule 8.9 to 8.12)
7) The grant of Medical Certil cate does not confer upon the Govt. employee any right to leave. (Rule 8.16)
.8) Leave begins on the day on tyhich transfer of charge is effected and ends on the day previous to preceeding that on which charge is resumed. (Rule 8.25)
9) Leave cannot be granted to ,a Govt. employee during suspension. (Rule 7.4)
10) Sundays and other holidlys can be prefixed or suffixed to leave by the competent authority. (Rule 8.26)
11) Two Govt. employee cannot be on duty on the same post. (Note 2 below Rule 8.28)
12) A Govt. employee who has taken leave on medical certificate cannot return to duty until he has produced a medical certificate of fitness from the prescribed medical authority. (Rule 8.44)
13) A Govt. employee on leave may not return to duty before the expiry of leave granted to him without the permission of leave sanctioning authority. (Rule 8.43)
14) A Govt employee on L R cannot return to duty without the consent of appointing authority.(Rule 8.43)
15) A Govt. employee who remains absent after the end of his leave is entitled to no leave salary for the period of such absence and that period will be debited against his half pay le. we accoimt unless his leave is extended by the competent authority.
16) Any kind of leave may be granted in combination with any other kind of leave (Except casual leave). (Rule 8.114) 17) Maternity leave is a so admissible on adopting of a child to female Govt. employee under certain conditions for a period of six month vide F.D.Hr. No.l 1/68/06-IFR dated ! 8-4-2007.

The following kinds of leave are not earned by duty :
1) Extra ordinary leave Rule 8.121
2) Special Disability leave Rule 8.124 & 8.125
3) Study leave Rule 8.126
4) Maternity leave Rule 8.127
5) Hospital leave Rule 8.128

The following kinds of leave are not debited to leave account.
1) Extra ordinary leave Rule 8.121
2) Study leave Rule 8.126
3) Maternity leave Rule 8.127
4) Hospital leave Rule 8.128
5) Special disability leave upto
first 120 days. Rule 8.124
A competent authority can dispense with the medical certificate of medical board under the following conditions :
1) If the state of the applicant's health is certified by a medical officer to be such as to make it inconvenient for him to present before the medical board, a certificate signed by two medical officers may be accepted.
2) When leave recommended by the authorised Medical Attendant is upto 2 months and he certifies that in his opinion it is unnecessary for the applicant to appear before a medical committee.
3) When the applicant is undergoing treatment in a hospital as an indoor patient and leave is recommended by CMO or by Dy. CMO for the period of hospitalisation or convalescence. Vide Rule 8.12 of Pb. CSR Vol.1 Part-I


Leave may not be granted to a Govt. employee after compulsory retirement as the leave at the credit of a Govt. employee lapses on the date of compulsory retirement vide Rule 8.21 of Pb. CSR Vol.1 Part-I. If, however, in sufficient time before the date of compulsory retirement he formally applied for LPR and had been refused or ascertained in writing from the leave sanctioning authority that leave, if applied for would not be granted. Then he might be granted leave so refused after the date of compulsory retirement subject to a maximum of 120 days.

This rule is no longer in use on the introduction of scheme for payment of cash equivalent of leave salary in respect of unutilised earned leave at the credit of Govt. employee on the date of retirement subject to the following conditions:
(a) The payment of cash equivalent of leave salary shall be limited to a
maximum of 300 days earned leave from 1.7.97.
(b) The cash equivalent of leave salary is payable to the following categories:-
(i) Retirement on attaining the age of superannuation.
(ii) Extension of service beyond the date of superannuation.
(iii) Voluntary/Premature retirement.
(iv) In case of death while in service
(v) In case of leave preparatory to retirement.
(vi) Half of earned leave subject to a maximum of 150 days in case of resignation.
(vii) Where services are terminated by notice or by payment of pay and allowances in lieu of notice.
(viii) On absorption in public sector undertaking/autonomous body controlled by Govt.
(c) Cash payment be equal to leave salary and dearness allowance admissible
on that leave salary at the rates on the date of retirement. Vide Rule 8.21 of Pb. CSR Vol.1 Part-I and FD letter No.l 1/5/78-FR-II dated 13.2.78 as amended from time to time.

Regulation of leave in case of dismissed or discharged employee from service reinstated on appeal or revision ?
(i) Ordinarily, the claim to leave at the credit of a Govt. employee who is dismissed or removed or who resigns from Govt. service, ceases from the date of such dismissal or removal or resignation.
Based on Rule 8.19 and note below Rule 8.2 of Pb. CSR Vol.1 Part-I
(ii) A Govt. employee who is removed or dismissed from service & is reinstated on appeal or revision will be entitled to count for leave his service prior to dismissal or removal. Where there is no reinstatement, the leave at his credit will lapse.
(iii) Where a Govt. employee applies for another post under Govt. outside his
parent office/department through proper channel and he is asked to resign his post before taking up new appointment, the resignation is a mere technical formality and will not result in lapse of leave at his crdit. The leave at his credit will be carried forward.
Based on FD letter No. 8455-2FR-71/202 dated 10.1.7

Rules for acceptance of employment during leave
What leave salary to Govt. employee is admissible during such leave.
A. A Govt. employee may not take up any other employment during leave. However, the previous sanction of competent authority is required if the proposed service lies out of India and in case service lies in India sanction of Govt. or appointing authority is required to be obtained .Vide Rule 8.41 of Pb. CSR Vol.1 Part-I
Leave salary of a Govt. employee who has been permitted to take up employment during LPR and terminal leave etc. should be restricted to the amount of leave salary admissible in respect of half pay leave. Vide Note 2 below Rule 8.41 of Pb. CSR Vol.1 Part-I

Provisions relating to recall of a Govt. employee before the expiry of leave and concession he is entitled
A. All orders recalling a Govt. employee to duty before the expiry of leave should state whether return to duty is optional or compulsory. If the return is optional, the Govt. employee is entitled to no concession, if it is compulsory, he is entitled to the following concessions:
Leave taken out of India.
(1) Free passage to India.
(2) Refund of the cost of his passage from India if the leave enjoyed by him upto the date of his leaving for India is less than half of the period of his original leave or 3 months whichever is shorter.
(3) Time spent on voyage to India will be counted as duty.
(4) From the date of landing in India to the date of joining his post, he will be paid leave salary at the same rate at which he would have drawn if he had returned in the ordinary course on the termination of his leave.
(5) He will draw TA at the usual rates for the journey from the port of landing.
Leave taken in India.
(1) He will be treated as on duty from the date on which he starts for the station to which he is ordered and will be paid leave salary during this period until he joins his post at the same rate at which he would have drawn it but for recall to duty.
(2) He will be paid TA for the journey under the TA Rules.
Vide Rule 8.42 of Pb. CSR Vol.1 Part-I

A Govt. employee who has taken leave on medical certificate while returning on duty will be asked to produce medical fitness certificate. The Govt. employee will be allowed to join duty only on receipt of medical fitness certificate of the competent medical authority. Vide Rule 8.44 of Pb. CSR Vol.1 Part-I

Earned leave means leave earned in respect of periods spent on duty.
Vide Rule 8.113 (ii) It is earned @ 1 /24th of the period spent on duty during the 1st 10 years of his service.
(b)1/18th of the period spent on duty during the next 10 years of his service and
(c)The Earned leave is calculated as under 1/12th of the period spent on duty thereafter. It may be accumulated upto any extent.
Vide Rule 8.116 (i) and (ii) of Pb. CSR Vol.1 Part-I
It may be granted at a time to a Govt. employee upto 120 days if spent in India and 240 days if the entire leave so granted or any portion thereof is spent out of India provided that the period of such leave spent in India shall not exceed 120 days. Vide Rule 8.116(ii) of Pb. CSR Vol.1 Part-I



Half pay leave upto a maximum of 180 days can be commuted during the en service for prosecuting an approved course of study. However, commuted ta may be granted upto any extent at a time to a Govt. employee on medici certificate if the same is due to him.
Vide Rule 8.119(c) of Pb. CSR Vol.1 Par-:

The periods of overstayal of leave may be counted towards increment if converted into EOL vide Rule 8.121 (a) of Pb. CSR Vol.1 Part-I and EOL B specially allowed to count for increment.
Vide Note 3 below Rule 4.9 (a) of Pb. CSR Vol.1 Part-I

Extraordinary leave may be granted to any Govt. employee in special circumstances :
(a) when no other leave is by rule admissible or
(b) when other leave is admissible but the Govt. employee concerned apples it in writing for the grant of EOL. Vide Rule 8.121 of Pb. CSR Vol.1 Pai

EOL may be granted upto any extent to a permanent Govt. employee subiect to a maximum of 5 years at a time as provided for in Rule 3.25 of Pb. C5-. Vol.I Part-I.
EOL may be granted to temporary Govt. employee upto the following limits oc any one occasion.
(i) Six months in the normal case.
(ii) 12 months in case Govt. employee has completed 3 years service and lea\c is supported by medical certificate.
(iii) 18 months where Govt. employee is undergoing treatment for pulmor.ir (lungs) tuberculosis or leprosy etc.
(iv) 24 months where leave is required for prosecuting studies certified in the public interest. Vide Rule 8.137 of Pb. CSR Vol.1 Part-

Earned leave is not admissible to a Govt. employee serving in vacation department, whereas it is admissible to employees working in other department. (Rule 8.117)
Teachers working in Education Department (which is also a vacation Dept.) have been permitted to 10 days EL in lieu of HPL during a year vide FD letter dated 9.4.87. As clerified by Education Deptt. No. 35/51/89-SHI (I) dated 1.8.89 the earned leave would be credited to the account of employee on completing one year service from the date of his joining of the Deptt.

Leave salary means the monthly amount paid by Govt. to a Govt. employee on leave.Vide Rule 2.34 of Pb. CSR Vol.1 Part-I
Calculation of leave salary :
(i) During Earned leave, Maternity Leave, Terminal Leave and commuted leave it is admissible equal to pay drawn immediately before proceeding on leave.
(ii) During HPL, study leave and leave not due it is admissble equal to half pay.
(iii) No leave salary is admissible during EOL.
(iv) Hospital Leave and Special Leave may be granted on leave salary equal to full pay or half pay as the competent authority may decide in each case.Vide Rule 8.122 of Pb. CSR Vol.1 Part-I

rules regarding grant and regulation of special disability leave
The rules regarding grant and regulation of special disability leave are as under:
(i) This leave is granted to a Govt. employee who is disable due to injury inflicted in the due performance of his official duties.
(ii) Such leave shall not be granted unless disability manifested itself within 3 months of the occurrence to which it is attributed.
(iii) The period of leave granted shall be such as certified by the authorised medical attendant of the Govt. employee concerned to be necessary subject to a maximum of 730 days, (iv) Such leave may be combined with leave of any other kind.
(v) Such leave may be granted more than once if the disability is reproducer at a later date and not more than 730 days can be granted in consequence of any one disability.
(vi) Such leave shall be counted as duty in calculating service for pension but half the amount of such leave in excess of first 120 days shall be debited against the leave account.
(vii) Leave salary during the first 120 days leave shall be equal to full pay and for the remaining period of such leave be equal to leave salary on half pay leave or full pay limited to 120 days.
(viii) The special disability leave may also be granted on the above condition to a Govt. employee, who is disabled by injury accidentally incurred in or in consequence of the due performance of his official duties or by illness incurred in the performance of any particular duty.Vide Rule 8.124 and 8.125 of Pb. CSR Vol.1 Part-I


Study leave is a kind of leave granted by the competent authority to a Govt. employee to enable him to study scientific, technical or similar problems or to undergo special course of instructions. Such leave is not debited against the leave account and leave salary equal to half pay is admissible during study leave. Vide Rule 8.126 of Pb. CSR Vol.1 Part-I The following are the conditions for grant of study leave :
(i) Study leave may be granted to a Govt. employee with due regard to the exigencies of public service to enable him to undergo special course of higher technical studies.
(ii) Study leave shall not be granted unless it is certified by the competent authority that proposed course of study shall be of definite advantage in the public interest.
(iii) Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate facilities exist in India.
(iv) Study leave shall not be granted to a Govt. employee who has rendered less than 5 years service under the Govt. or does not hold a gazetted post or who is due to retire within 5 years of the date on which he is expected to return to duty after expiry of leave.
(v) Study leave shall not be granted to a Govt. employee with such frequency as to remove him from contact with his regular work.
(vi) It may be granted only to permanent Govt. employees. Vide Rule 3 App. 20 of Pb. CSR Vol.1 Part-II read with Rule 8.126 of Pb. CSR Vol.1 Part-I

The maximum amount of study leave which may be granted to a Govt. employee shall be:
(i) Ordinarily 12 months at any one time which shall not be exceeded save for exceptional reasons and
(ii) 24 months (inclusive of study leave granted under any other rules) in all during the entire service. Vide Rule 5, App. 20 of Pb. CSR Vol.1 Part-II
During study leave a Govt. employee shall draw leave salary equal to half pay plus DA upto the last day of study leave. However, other allowances such as HRA, CCA, and FMA etc. w\\\ be admissible upto 120 days. Vide Rule 19 App. 20 of Pb. CSR Vol.1 PartJI RW Rule 5.2 of Pb. CSR Vol.1 Part-I

If a Govt. employee resigns from service without returning to duty after a period of study leave, the competent authority shall take the following action :
(i) The Govt. employee shall be asked to refund double the amount of leave salary, study allowance, cost of fees, TA and other expenses incurred by Govt.'
(ii) He shall be required to refund actual amount if any of the cost incurred by foreign Govt., Foundation Trust etc. in connection with the course of study.
(iii)The study leave availed of by Govt. employee shall be converted into regular leave. Vide Rule 18, App 20 of Pb.CSR Vol.1 Part-II


Leave to probationers :
(a) If appointed under a contract which contains a stipulation regarding the grant of leave, he will be entitled to such leave as is prescribed in his contract.
(b) If appointed otherwise, he will be governed by the rules applicable to permanent Govt. employees otherwise than on probation. Vide Rule 8.131 (2) of Pb. CSR Vol. I Part-I Leave to apprentices :
(a) If appointed under a contract containing stipulation about the grant of leave, he will be entitled to such leave as is prescribed in his contract.
(b) If appointed otherwise he will be entitled to leave on medical certificate, on leave salary equal to half pay on the last day of duty prior to commencement of leave upto one month in any year of apprenticeship and if the period of apprenticeship is less than one year, proportionate leave will be admissible. Vide Rule 8.132(2) of Pb. CSR Vol. I Part-I


Terminal leave is not a separate leave, but it is a kind of earned leave which is admissible to a temporary Govt. employee on the termination of his service on account of retrenchment or on abolition of post before attaining the age of supernnuation.
It is granted to temporary Govt. employee on the termination of service due to retrenchment or abolition of post before attaining the age of supernnuation. salary for the period of earned leave due on the date of termination is admissible subject to maximum of 120 days. Vide Rule 8.138Aof Pb. CSR Vol. I Part-I

Govt. employee may be granted maximum spell of 16 days casual leave including holidays. Vide Rule 1(4) Appendix 17 of Pb. CSR Vol. I Part-II

Casual leave can not be claimed as a matter of right. Govt. employee can not proceed on leave till it is sanctioned by the competent authority. Based on Rule 8.15 read with Rule 8.60 of Pb. CSR Vol. I Part-I

Terminal Leave:- Earned leave to the extent due and admissible at a time be granted to temporary employees at the discretion of sanctioning authority on the termination of service on A/c of retrenchment or on the abolition of post before attaining the age of superannuation. Terminal leave is not admissible to a Govt. employee who has been dismissed from service.
Vide Rule 8.138A. RW Note 2 below Rule 8.138 A(2) ofPb. CSR Vol.1 Part-I.

(i) The period of overstayal of casual leave can not be treated as leave without pay vide Rule 2 Appendix 17 of Pb. CSR Vol.1 Part-II.
(ii) Casual leave can not be granted on half pay vide Note 3 below Rule I Appendix 17 of Pb. CSR Vol. I Part-II.

Special casual (extra) leave upto 14 working days may be allowed to femak Govt. employee, who undergoes sterilisation operation. Husband is also entit.sc seven days special casual leave in case his wife get sterilisation operation afia delivery of two child.
Vide C.S.HaryanaNo. 8488-2GS.11-72/4165 dt. 13.2.73 & letter dt. 4-3-20::


According to Joint Punjab Govt. letter No. 10893-GS-61/37545 dated 20.11 there is provision for grant of special - casual leave upto 10 days in a calendar year to the office bearer of recognised service association for participating m executive meetings, conferences and other activities of the association sut to the condition half of such leave will be debited to the ordinary leave ace of the official. In the present case Union President may be granted leave being the office bearer of recognised service association.

Special casual leave may be enjoyed by the following category of employee
(i) 6 working days special casual leave to a Govt. employee, who underai sterilization operation.
(ii) Special casual leave upto 14 working days to female Govt. employee. \+*m undergo non puerperal caused by child birth sterilisation.
(iii) Seven days special casual leave may be granted to the Govt. employee drawing pay upto Rs. 13900/- whose wife get sterilisation operation ro delivery of two child vide C.S.Hr. No.l8/21/78-3GS II dt. 4-3-2001
(iv) Special casual leave for one day to female Govt. employee, who unoeqi IUCD insertions. Vide C.S.HaryanaNo. 8488-2GSII-72/4165 dated 13.2.1973
(v) Special casual leave for the period of joining time, not allowed to a\ a: the competent authority may be granted to a Govt. employee in the s^ calendar year or in the next calendar year. Vide FD Hr. No. 5/l/3PR(FD)-80 dated 16.3.82
(vi) Special casual leave upto 30 days can be granted to Govt. employee take part in sporting events, tournament matches of national or Intern::: importance. Vide CS Punjab No. 10711-GII-59/24455 dated 30.11.59 (vii) Two days casual leave is admissible to a Govt. employee who donate blood. This two days casual leave is inclusive of the day on which blood is donated. Haryana Govt. letter No. 28/22/78-Gen dated 9.8.79.
(viii) A Govt. employee who has been bitten by rabid animal may be granted casual leave upto 16 days to proceed to a centre for anti rabic treatment vide Note 2 Para I Appendix 17 of Pb. CSR Vol.1 Part-II.

Quarantine leave is leave of absence from duty necessitated by orders not to attend office in consequence of the presence of infectious diseases in the family or household of a Govt. employee.
Quarantine leave may be granted by the Head of Office on the certificate of Medical or Public Health Officer for a period not exceeding 21 days or in exceptional circumstances 30 days. This leave is not admissible in case of Govt. employee, who himself contacts any infectious disease. Cholera, small pox, Plague, Diphtheria etc. may be considered as infectious disease.
Section II App. 17 of Pb. CSR Vol. I Part-II COMMENTS

Maternity leave is admissible to each female Govt. employee at the time of delivery. There is no condition in the rules that it may be granted only to married female Govt. employee. Vide Rule 8.127 of Pb. CSR Vol. I Part-I

A. Under Section II App. 17 of Pb. CSR Vol. I Part-II quarantine leave may be granted to a Govt. employee if there is infectious disease in the family. It is not admissible in case of a Govt. employee who himself contacts an infectious disease.. Further there is no provision of substitute in place of a Govt. employee absent on quarantive leave vide Para I Section II Appendix 17 of Pb. CSR Vol. I Part-II.

Vide CS Punjab No. 10711-GII-59/24455 dated 30.11.59 (vii) Two days casual leave is admissible to a Govt. employee who donate blood This two days casual leave is inclusive of the day on which blood is donated.

Haryana Govt. letter No. 28/22/78-Gen dated 9.8.79. (viii) A Govt. employee who has been bitten by rabid animal may be granted casual leave upto 16 days to proceed to a centre for anti rabic treatment vide Note 2 Para I Appendix 17 of Pb. CSR Vol.1 Part-IL

Quarantine leave is leave of absence from duty necessitated by orders not to attend office in consequence of the presence of infectious diseases in the family or household of a Govt. employee. Quarantine leave may be granted by the Head of Office on the certificate of Medical or Public Health Officer for a period not exceeding 21 days or in exceptional circumstances 30 days. This leave is not admissible in case of Govt. employee, who himself contacts any infectious disease. Cholera, small pox, Plague, Diphtheria etc. may be considered as infectious disease.Section II App. 17 of Pb. CSR Vol. I Part-II


Rule 8.114 of Pb. CSR Vol. I Part-I provides that any kind of leave may be granted in combination with other kind of leave. But casual leave is not treated as a regular leave and cannot be combined with earned leave in term of Rule 8.60 of Pb. CSR Vol. I Part-I.

The nature of leave due and applied for by a Govt. employee cannot be altered by the leave sanctioning authority vide Rule 8.15 of Pb. CSR Vol.1 P-I & as such the action of competent authority to change nature of leave is not in order.Vide Rule 8.15of Pb. CSR Vol. I Part-I

I-IX

Joining time means the time allowed to Govt. employee so as to enable him to join a new post or to travel to or from a station to which he is posted (Vide Rule 2.32).(i) Joining time is granted to a Govt. employee for preparing him to join a new post at the new station or same and to cover the transit period involved in travelling from old station to new station of his posting vide Rule 2.32 & 9.5 ofPb. CSR Vol.1 P.I.
(ii) Joining time may also be granted to join a new post in a new station on return from vacation or earned leave upto 180 days. (Rule 9.1 ibid).
(iii) To proceed to or return from foreign service vide Rule 10.8 ibid.

Joining time is admissible when the transfer of a Govt. employee is made in the public interest and may be granted to the Govt. employee to enable him:
(1) to join new post either at the same or a new station without availing himself of any leave or relinquishing charge of his old post.
(2) to join a new post in a new station on return from earned leave or other leave if he has not had sufficient notice of his appointment to a new post.
(3) Joining time may be granted to a permanent Govt. employee whr appointed to a post on the result of competitive examination which is oper. to both Govt. employees and others.
(4) No joining time is allowed in cases when a Govt. employee is transferred from one post to another post in the same office establishment.
(5) A Govt. employee on transfer during a vacation may be permitted to ar the joining time at the end of the vacation.
(6) If a Govt. employee takes leave while in transit from one post to another, the period which has elapsed since he handed over the charge of his ( post must be included in leave. On the expiry of leave, the Govt. employee may be allowed normal joining time. Vide Rule 9.1 to 9.4 Pb. CSR Vol.1 PJ (b) Calculation of joining time : (i) Joining time upto six days is allowed for preparation.
(ii) One day is allowed for journey by railway upto 500 KM and bus uptc 150 KM and a day is also allowed for any fractional portion of any distance, exceeding 500 KM/150 KM as the case may be.
(iii) One day is allowed for local journey exceeding 8 KM but not exceeding 25 KM to/from bus stand/railway station.
(iv) Waiting period for catching Steamer is allowed in addition to normal joini: :r time.
(v) Sundays are not treated as day but treated as day for the purpose of maximum limit of 30 days joining time.
(vi) One day is also admissible on transfer to the same station. A holiday counts as a day for this purpose.
(vii) When holiday follows joining time, the normal joining time may be deemed to have been extended to cover such holidays.
(viii) If a Govt. employee is authorised to make over charge of post elsewhere than at his headquarter, his joining time shall be calculated from the pi. at which he actually makes over charge.
(ix) If a Govt. employee is appointed to a new post while in transit from ore post to another, his joining time begins on the day following that on which he receives the order of appointment.
(x) The joining time of the Govt. employee during leave will be counted fro~ his old station or from the place at which he receives appointment orce-; whichever calculation will entitle him less joining time.
xi) Joining time is subject to a maximum of 30 days including Sundays and other holidays. Vide Rule 9.5 to Rule 9.11 of Pb. CSR Vol. I Part-I.

Under Rule 2.16 (a) (2) of Pb. CSR Vol. I Part-I, a Govt. employee on joining time is regarded as on duty during that period. He is entitled to be paid joining time pay which he would have drawn if he had continued in the old post or the pay which he will draw on taking charge of the new post which ever is less. The position remains the same if joining time is availed in isolation or combination with any kind of leave (except casual leave)Vide Rule 2.16(a) (2) and 9.15 of Pb. CSR Vol. I Part-I


When a Govt. employee is transferred at his own request and the transfer is otherwise than in the public interest, he is not entitled to either joining time or joining time pay.
However, leave (not casual leave) may be granted to cover the period of transit if Govt. employee applies for it and the competent authority is willing to sanction it. If Govt. employee does not apply for leave, the period spent in transit should be treated as dies-non for the purpose of leave, increment and pension.Vide Note 1 below Rule 9.15 of Pb. CSR Vol. I Part-I.

Joining time may be allowed to a Govt. employee on transfer in the public interest in the following cases :
(i) To join a new post either at the same or a new station without availing himself of any leave on relinquishing charge of his old post.
(ii) To join a new post in a new station or return from earned leave upto 180 days or when employee is on leave other than earned leave when he has not had sufficient notice of his appointment to new post.Vide Rule 9.1 of Pb. CSR Vol. I Part-I.
A Govt. employee may be authorised to make over charge of a post elsewhere than at his headquarters. In that case, his joining time shall be calculated from the place at which he actually makes over charge.Vide Rule 9.10 of Pb. CSR Vol. I Part-L

No joining time shall be granted to a State Govt. employee who is appointed : a post under the Union Govt. but joins his new post after termination of his employment under the State Govt. by resignation unless the employment of a particular Govt. employee is in the wider public interest.Vide Note 5 below Rule 9.1 of Pb. CSR Vol. I Part-I

The joining time of a Govt. employee on transfer from Chandigarh to another station is subject to a maximum of 30 days. Six day are allowed for preparation and in addition to cover the actual journey calculated as follows :
(a) In case a Govt. employee travels to a place of transfer linked by air, rail
way, steamer or road, from Chandigarh, he will be allowed actual time
occupied in journey by air craft and one day for each portion of journey
which he travels :
(i) By Railway 500 KM
(ii) By Ocean steamer 350 KM
(iii) By River steamer 150 KM
(iv) By motor vehicle or horse drawn conveyance 150 KM
(v) In any other conveyance 25 KM
(b) For the purpose of journey by Air a part of the day is treated as one day.
(c) A day is allowed for any fraction portion of journey by rail, steamer or bus etc.
(d) The limit of 6 days for preparation may be extended to cover any period unavoidably spent in awaiting departure of steamer.
(e) Travel by road upto 8 KM to or from railway station/Bus stand to residence does not count for joining time.
(f) Sunday does not count as day for the calculation of joining time.
(g) When holiday(s) follows joining time the normal joining time may be deemed to have been extended to cover such holiday.
(h) A competent authority may in any case extend the normal joining time provided that the general spirit of the rules is observed.
) No joining time is admissible to a Govt. employee if he is transferred at his own request.
(j) Joining time is calculated on the basis of distance travelled from one station to another and mode of conveyance used.
Vide Rule 9.5, 9.6, 9.15 and 9.19 of Pb. CSR Vol. I Part-I

One day joining time may be allowed to a Govt. employee, who is transferred from one department to other located in Chandigarh only. A holiday counts as day for the purpose of such local transfer. Vide Rule 9.6 of Pb. CSR Vol. I Part-I

Holidays can not be prefixed to joining time, instead joining time commences from the holiday itself. Sunday can be prefixed to joining time. Based on Rule 9.5 of Pb. CSR Vol. I Part-I
However, when holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s) and as such the same can only be suffixed. (Rule 9.6A ibid)

Temporary transfer is not treated as regular transfer but it is treated as deputation of a Govt. employee from one station to another for a limited period vide Rule 5.2(b) of Pb. CSR Vol. I Part-I. Since joining time is allowed to a Govt. employee on transfer & not on temporary transfer as envisaged in Rule 9.5 of Pb. CSR Vol. I Part-I, Six days for preparation in such cases of temporary transfer are not admissible. However, he may be granted the actual period to cover the journey as per provision of Note I below Rule 5.2 ibid.

A Govt. employee who overstays the joining time suffers the following penalties:
(I) He is entitled to no pay or leave salary fox the pefioft oi owrsvs^.
(ii) The period of overstayal is treated as dies-non. It will not count for pension, increment or leave.
(iii) Wilful absence from duty after the expiry of joining time may be treated as misbehaviour for the purpose of Rule 3.17 of Pb. CSR Vol. I Part-I and the defaulting official be proceeded against under the disciplinary rules.Vide Rule 9.18 of Pb. CSR Vol. 1 Part-I.
A competent authority may extend the joining time admissible under the rules provided that general spirit of the rules is observed.
Head of Department may extend the joining time upto the maximum limit of 30 days in the following circumstances.
(i) When the extension is necessary for saving of public expenditure.
(ii) When the rules have operated harshly in any particular case e.g. when a Govt. employee missed the steamer or fall sick on the journey.
(iii) When the Govt. employee has been unable to use the ordinary mode of travelling.Vide Rule 9.19 of Pb. CSR Vol. I Part-I.

Where joining time is granted without availing any leave, the employee would be entitled to the pay which he would have drawn if he had continued in the old post or the pay which he will draw on taking charge of the new post whichever is less.
(ii) Where joining time is granted to join a new post on return from earned leave, the pay equal to leave salary which he last drew during such earned leave.
(iii) No joining time is admissible unless the transfer of the Govt. employee is made in the interest of public service.Vide Rule 9.15 of Pb. CSR Vol. I Part-I

I-VII

A Govt. employee under suspension shall be entitled to the following payment:
(i) A subsistence allowance at an amount equal to the leave salary as admissible on half pay leave.
(ii) Dearness Allowance is admissible on the basis of subsistence allowance i.e. as admissible on half pay leave.
(iii) Other compensatory allowances such as CCA/HRA, Fixed medical allowance etc. are admissible on the basis of pay, the Govt. employee was in receipt on the date of suspension.
(iv) Where the period of suspension exceeds six months, the competent authority may increase the subsistence allowance upto 50% of subsistence allowance if the suspension has been prolonged due to delay on the part of Govt. and it may be reduced upto 50% of subsistence allowance if the suspension is prolonged due to delay on the part of Govt. employee.
(v) No payment of subsistence allowance shall be made unless the Govt. employee furnishes a certificate that he is not engaged in any other employment/business/profession/or vocation. Vide Rule 7.2 of Pb. CSR Vol. I Part-I

What pay and allowances are admissible to a Govt. employee for tin
period of suspension on reinstatement and how is the period of suspension
treated ? OR
What pay and allowances are admissible to a Govt. employee on reinstatement in the following cases :
(i) , (ii) Charge is not fully substantiated but stigma is imposed and an increme:
stopped.


pay and allowances are admissible if no charge is proved against the official and is honourably acquitted
Where a Govt. employee who has been suspended, is reinstated, the authc competent to order the reinstatement shall consider and make a specific order regarding the pay and allowances to be paid to the Govt. employee for the pe: of suspension and whether or not the said period shall be treated as a pericc spent on duty or not. Such an order is passed in the following manner :

Where the authority is of the opinion that the suspension was wholly unjustified, the Govt. employee shall be given full pay and allowances to which he would have been entitled had he not been suspended and the period of suspension will be treated as duty for all purposes.

Where suspension is found justified the Govt. employee shall be given such pay and allowances as the competent authority may prescribe. The period of suspension will not be treated as duty. Vide Rule 7.3 of Pb. CSR Vol. I Part-I.


In case the Govt. employee has been detained in custody or in prison for more than 48 hours after the start of criminal proceedings against him, he should be considered as under suspension during the period of his detention or imprisonment. However, for the period he is released on bail, it is for the competent authority to place him under suspension or not but if proceedings taken against him is connected with his position as a Govt. employee or likely to embrass him in the discharge of his duties or involve moral turpitude, he should be placed under suspension Vide Rule 7.5 and 7.6 of Pb. CSR Vol. I Part-I.

action should be taken in respect of a Govt. employee against whom either:
i) Proceedings have been taken for the arrest for debt or on a criminal charge.
A Govt. employee against whom a criminal charge is pending may, at the discretion of the competent authority be placed under suspension by issue Of specific order to this effect during the period when he is not actually detained in custody or imprisonment if the charge made against him is connected with his position as a Govt. employee or is likely to embarrass him in the discharge of his duties as such or involve moral turpitude.
ii) criminal charge or a proceeding for arrest is pending.
A Govt. employee against whom proceedings for arrest for debt is pending should be placed under suspension by issue of specific order to this effect during the period when he is not actually detained in custody or imprisoned if the proceedings taken against him is connected with the position as a Govt. employee or is likely to embarrass him in the discharge of his duties as such. Vide Rule 7.6 of Pb. CSR Vol. I Part-I.

Govt. employee who has been suspended, if reinstated the competent authority shall make the specific orders :
i) Regarding the pay and allowances to be paid to the Govt. employee for the period of his absence from duty and
if) Whether or not the period shall be treated as a period spent on duty or not.

In terms of Note 2 below Rule 7.4 of Pb. CSR Vol. I Part-I any vacancy caused on account of suspension should be filled by a reservist if available or by officiating appointment where reservist is not available, it is not necessary to create an extra post. So another employee can be posted against the post rendered so vacant on A/c of suspension of an employee. Vide Note 2 below Rule 7.4 of Pb. CSR Vol. I Part-I

. As the employee has earned emoluments more than the subsistence allowance, nothing shall be paid for the period of suspension
Vide Note 11 below Rule 7.3 of Pb. CSR Vol. I Part-I.

A Govt employee was placed under suspension on 1.5.95 on the charge of embezzlement. The enquiry against him was concluded on 1.4.96. The punishing authority passed orders removing him from service. It is propo that the period of suspension of Govt. employee may be treated as leave of the kind due.
The action of the competent authority is not in order. Vide Proviso to Rule 7.3 (5) and 8.19 of Pb. CSR Vol. I Part-I

A. The action of the authority for deducting house rent on the basis of subsistence allowance is in order vide Rule 5.33 (vi) of Pb. CSR Vol. I Part-I. However payment of full pay and allowance, the difference of rent on the basis of emoluments is required to be recovered.

Change suspension period in EOL:-In accordance with note 2 to proviso of Rule 7.3 (5) of Pb. CSR Vol. I Part-I, the payment of leave salary is to be governed as if the employee were on leave and no leave salary is admissible during EOL in terms of Rule 8.122 (4) ibid. Thus payment of subsistence allowance resulted into over payment. As such order of competent authority for recovery of subsistence allowance is in order.

The bar of limitation need not be invoked at the time of paying arrears of pay and allowances for the period of suspension to the date of reinstatement. Vide Note 10 below Rule 7.3 of Pb. CSR Vol. I Part-I.

A Govt. employee under suspension when acquitted by court is entitled to full pay and allowances from the date of his acquittal and the period upto his date of joining is to be treated as duty for all purposes. Vide Note 9 below Rule 7.3 of Pb. CSR Vol. I Part-I.

The authority cannot refuse the payment of subsistence allowance to the Govt employee under the rules irrespective of gravity of offence with which he is charged. The proposal to refuse subsistence allowance is therefore not in order Vide Rule 7.5 & 7.2 of Pb. CSR Vol. I Part-I.

Under Rule 7.4 of Pb. CSR Vol. I Part-I leave may not be granted to a Govt. employee under suspension. Further note 5 below Rule 7.3 of Punjab . CSR Vol. I Part-I provides that the period spent under medical treatment is treated as spent under suspension.

Leave may not be granted to Govt. employee under suspension vide Rule 7.4 of Pb. CSR Vol. I Part-I.

.
Rule 7.2 of Pb. CSR Vol. I Part-I clearly provides that subsistence allowance is admissible equal to leave salary on half pay and not more than that and the period of suspension is not debited to earned leave till a decision for the treatment of period of suspension is not taken on reinstatement. It is also made clear that the period of suspension can not be treated as leave till Govt. employee is willing to apply for the same.Vide Rule 7.2 and 7.3 of Pb. CSR Vol. I Part-I

.
compensatory allowance including HRA & CCA (Other than Dearness Allowance) on the basis of pay which he was in receipt on the date of suspension. Vide Provision (iii) (b) below Rule 7.2 (I) of Pb. CSR Vol. I Part-I

It has been decided by Govt. that a Govt. employee under suspension cannot avail of LTC if he himself undertakes the journey vide Govt. of India memo No. 21-I/74-PAP dated 30.3.77 read with Haryana Govt. letter No. 13/8/83-SII dated 31.12.84 while his family is entitled to the benefit of LTC during his suspension.

It has been decided by the Govt. that no specific directives should be given to an employee under suspension to report his presence daily at his office. As such action of the Head of office is not in order in terms of CS Hr. letter No.4:1.87-2GSIII, dated 15.7.87.

.
As the suspension has been held wholly unjustified, the employee is entitled to get full pay and allowances to which he would have been entitled had he not been suspended. Vide Rule 7.3 (2) of Pb. CSR Vol. I Part-I

There is no provision to revise the subsistence allowance after new pay revision during the period of suspension. Vide Proviso 2 to Rule 6 of RPR 1998 RW Rule 7.2 of Pb. CSR Vol. I Part-I

The period of suspension during which only subsistence allowance was allowed can not be treated as duty in terms of Rule 7.3(5) of Pb. CSR Vol.1 Part-I and benefit for calculation of half pay leave can not be allowed during such period vide Rule 8.113 (viii) read with Rule 8.119 (a) ibid since this period has neither been treated as duty nor E.O.L. as the case may be.
Rule 5.23 of Pb. CSR Vol. I Part-I.

I-V

The compensatory allowance may be drawn by a Govt. employee in the following cases subject to the fulfilment of conditions noted against each :-
(a) During leave* including EOL and study leave.
The compensatory allowance is admissible upto 120 days leave other than LPR subject to the condition that leave sanctioning authority certifies that the Govt. employee is likely to return to the station of posting at which compensatory allowances is admissible and Govt. employee certifies that he or his family reside for the period for which allowance is claimed at the station where similar allowance is admissible.
(b) If the Govt. employee in his old post draws a compensatory allowance and
similar allowance is admissible at the new station, he may draw compensa
tory allowance during joining time, provided if the rates differ in the two
posts, he may draw the lower rate only. Vide Rule 5.9 of Pb. CSR Vol. I Part-I
(c) During temporary transfer :
The Govt. employee shall be entitled to compensatory allowance during temporary transfer not exceeding 120 days if the authority sanctioning the transfer certifies that the Govt. employee is likely on the expiry of temporary duty to return to the station from which he is transferred and Govt. employee certifies that he kept his family at the station from which he proceeded on transfer. Vide Rule 5.3 (b) of Pb. CSR Vol. I Part-I.

HOD is competent to grant a Govt. employee to receive honorarium upto a maximum Rs.100/- in each individual case during a financial year provided that the service rendered does not fall within the course of the ordinary duties of the Govt. employee. Vide S.No. 38 Rule 15.1 of Pb. CSR Vol. I Part-I

The Standard rent of a Govt. residence is calculated as follows :-
(i) In the case of leased residences, the standard rent shall be the sum paid to the lessor plus other charges such as maintenance and repairs of the
residence, capital expenditure on additions and alternations, interest on capital expenditure and the rates or taxes in the nature of house and property tax.
(ii) In the case of residence owned by Govt the standard rent shall be calculated on the capital cost of the residence and shall be either a percentage of such capital cost equal to such rate of interest as may be fixed by the competent authority plus municipal taxes in the nature of house or property tax and maintenance and repairs or 6% per annum of the capital cost whichever is less. \ Vide Rule 5.23 ofPb. CSR Vol.1 Part-I

In the following cases claims to compensation for the loss of property may be granted :-
i) The exposure of the property to risk is directly connected with duties on which the Govt. employee is employed at that time OR
ii) The property is lost in consequence of endeavours on the part of Govt.
employee to save the property of Govt. which was also endangered at the
time OR iif) The property is destroyed under the order of competent authority. In case the compensation claim of the employee is covered by all or any of the contingencies, the same is in order and may be sanctioned by the Govt. Vide Rule 5.53 of Pb. CSR Vol. I Part-I.

A Govt. employee in occupation of Govt. residence may sublet it only under the following conditions :-
(i) The lessee shall be approved by the Chief Engineer, PWD (ii) The sub-tenancy shall not be recognised by Govt.
(iii) The lessor shall remain personally responsible for the rent and for any damage caused to the residence.
(iv) The sub-tenancy shall terminate on the date the lessor ceases to hold the post.
(v) The rent payable to Govt. by the lessor shall be the rent payable by him or the rent payable by the lessee whichever is higher. The above provisions given in Rule 5.50 of Pb. CSR Vol.1 P.I have become absolete on issue of instructions issued vide F.D. letter No. 4/9/89-2FIC W dt. 20.11.89. Vide Rule 5.50 of Pb. CSR Vol. I Part-I. RWF.D. letter dt. 20-11-89 7. What action can be taken in the following cases :-

b) Para (ii) of FD Hr. letter No. 2354-2FICW/89 dated 5.2.90 clearly lays down that no accommodation will be provided to an individual at the new station of posting unless the Govt. employee produces a certificate from the XEN PWD B&R or departmental Head of his previous posting to the effect that he has handed over the possession of residential accommodation to the appropriate authority.

Honorarium means a recurring or non-recurring payment granted to Govt. employee from the Consolidated Fund of India/State as remuneration for special work of an occasional or intermittent character. The following are the general conditions for the grant of Honorarium : \) The work should be special and of occasional or intermitent character.
ii) The work should be either so laborious or of such special merit as to justify the special reward.
in) The amount should be paid from the Consolidated Fund of India/State.
iv) The sanctioning authority should record in writing that though the whole time of the Govt employee is at the disposal of Govt. and he may be employed in any manner without claim for additional remuneration, the nature of special work (reasons to be recorded) is such that it can not be done without the grant of extra remuneration, which is justified. v) There must an order of competent authority permitting acceptance of honorarium by the employee. vi) There must be an order of sanction for grant of honorarium. vii) The reasons for grant of honorarium should be communicated to A.G. viii) The amount of honorarium must be fixed with due regard to the value of service. Vide Rule 2.30 & 5.55 & notes there under of Pb. CSR Vol.1 P.I.


. Fee means recurring or non-recurring payment to a Govt. employee for performing some additional work outside his normal duties, which is paid from a source other than the Consolidated Fund of India/State. Vide Rule 2.18 of Pb. CSR Vol. I Part-I The following are the general conditions for the grant of Fee :
i) The work for which fee is received should be undertaken with prior consent of competent authority. if) The amount should be paid from a source other than the Consolidated Fund of India/State. in) The sanctioning authority should record in writing that though the whole time of Govt. employee is at the disposal of Govt. and he may be employed in any manner without claim for additional remuneration, the nature of special work (reasons to be recorded) is such that it cannot be done without the grant of extra remuneration which is justified. iv) l/3rd of fee is required to be deposited in Govt. revenue in the normal course. The work for which fee is received should be performed after normal working hours. v) The reasons for grant of Fee should be communicated to A.G.
vi) The amount of fee must be fixed with due regard to the value of service in return of which it is undertaken. Vide Rule 5.57 & 5.58 & Notes thereunder of Pb. CSR Vol.1 P.I.

A. Fee means a recurring or non-recurring payment to a Govt. employee from a source other than the Consolidated Fund of India/State whether made directh to the Govt. employee or indirectly through the intermediary of Govt. Fc: example, remuneration received by an Accounts Officeijof FD from HAU for setting their departmental paper is treated as 'Fee'.
The following income does not include in the term fee.
i) Unearned income such as income from property, dividend and interest or. securities.
if) Income from literary, cultural, artistic, scientific or technological efforts, if such efforts are not aided by the knowledge acquired by Govt. emplo in the course of his service.

FEE REQUIRED TO BE CREDITED TO GOVT REVENUE
Unless the competent authority by special order otherwise direct, one third c: any fee to a Govt. employee shall be credited to Govt. revenue provided thr the fee to be retained by the Govt. employee concerned shall not be reduce: below Rs.400/- if non recurring or Rs.250/- a year if recurring and provice: further that where fee is paid for work done during the time which would otherwise be spent in the performance of official duties, the entire fee mus: credited to Govt.
The employees of Agriculture, Animal Husbandry, Fisheries and the emplo; of Education and Health Department may keep with themselves fee of Rs. 500/- and Rs. 1000/- respectively for undertaking work of examining setting papers in respect of University and other examinations. Vide Rule 5.58 and Note below Rule 5.57 of Pb. CSR Vol. I Part
The fee received by Govt. employee from society for the prevention of crue3 to Animals, Indian Road Congress, Indian Cattle Show Committee, Inc University Board, Indian Red Cross Society, Child Activity Centres and Bhra: i Sewak Samaj are exempted for credit to Govt. revenue. Vide Note 3 below Rule 5.58 of Pb. CSR Vol. I Part-1

The following payments received by a Govt. employee will not be subjt to crediting one third of the amount to general revenue.
i) Writing of reports, papers or study reports on selected subject for interactional bodies like UNO, UNESCO.
ii) Fees received from statutory bodies like Institute of CA and HIPA.
iii) When a Govt. department undertake the work for non-Govt. organisation and in its turn assigns the work to the officials suited for the purpose and pays them at rates approved by Govt.
iv) Income from books, articles papers and lectures on literary, cultural, artistic, technological and scientific subjects including management sciences.
v) Income from essential participation in sports, games and atheletic activities as players, referees, umpires or managers of the team.
Vide Note 10 below Rule 5.58 of Pb. CSR Vol. I Part-I

I-IV

The cases where the date of increment is changed or the cases where it does not change:-
(a) The following are the cases in which date of increment of a Govt. employee normally changes:
i) When pay of an employee is fixed at a higher stage & benefit in pay is more than one increment of the old scale. (Rule 4.14 (2)
u) When pay is fixed under Rule 4.4 (a) (i) of Pb. CSR Vol. I Part-I i.e. substantive to substantive on a higher post.
iii) When pay is fixed at the next stage under Rule 4.4 (a) (ii) ibid i.e. Substantive to substantive on equal or lower post.
iv) When pay is fixed from officiating to substantive higher post under Rule 4.4 (c) ibid.
v) When pay is fixed at the next stage in the revised /modified scale vide explanation to Note 4 below Rule 4.4 ibid.
vi) When pay is fixed in the Selection grade/Higher Standard Pay scales or A.C.P. scales and benefit in pay is more than one increment of the old scale. Vide Note 12 below Rule 4.13 of Pb. CSR Vol. I Part-I, Para 10 of Instruction regarding grant of Higher Standard pay scale & provision of Rule 15 (2) of ACP Rules, 1998.

Cases in which date of increment does not normally change :-

i) When pay is fixed at the same stage under Rule 4.4 (a) (ii) ibid i.e. substantive to substantive on equal/lower post.
if) When pay is fixed at the next stage but benefit in pay is less than one increment of the old post under Rule 4.4 (c) ibid i.e. officiating to oificiat-ing on higher post.
iii) When pay is fixed at the same stage in the revised/modified scale vide explanation to Note 4 below Rule 4.4 ibid.
iv) When pay is fixed at the next stage but benefit in pay is equal to one increment or less than one increment of the old scale vide Rule 4.14 ibid i.e. Substantive to officiating on higher post.
v) When pay is fixed at the same stage on equal post vide Rule 4.13 ibid i.e. substantive to officiating not involving higher responsibilities.
vi) When pay is fixed in the Selection grade/ Higher Standard Pay Scales or A.C.P. Scales & benefit in pay is equal to one increment or less than one increment of old scale. Vide Note 12 below Rule 4.13 ibid, Para 10 of F.D. letter dated 8.2.94 regarding grant of higher standard scales or Rule 15 (2) of ACP Rules 1998 respectively.


Principles for the grant of personal pay to the Govt. employee:-

1) a Govt. employee's service should be consistently of exceptional merits.
ii) The Govt. employee should be fit for promotion but there is no possibility of giving him any advancement in the near ftiture.
iii) The Govt. employee should have been at least 3 years on the same pay. Vide Note 3 below Rule 4.1 (2) of Pb. CSR Vol. I Part-I.

The pay of a Govt. employee in receipt of special pay on promotion to a higher post is fixed as under :-

1) Where special pay in the lowest post has been granted on account of additional work or work of responsibility, the special pay is to be taken into account while fixing pay of the higher post. For example, a steno typist drawing pay of Rs. 5100/-+Rs. 100/- Special pay in the scale of Rs.4000-100-4800 EB-100-6000 will get his pay fixed at Rs. 5300/- on promotion as Assistant in the scale of Rs. 5000-150-7100 EB-150-7850 .
ii) If both lower and higher posts carry special pay, then special pay drawn on the lower post is not to be taken into account in fixing pay cf the higher post. For example, an Assistant in the Hr. Civil Sectt. drawing pay of Rs.7075/- +Rs 60/- special pay in the scale of Rs. 5500-175-8300 EB-175-9000 will get his pay fixed at Rs. 7100/- + Rs.200/- as special pay on promotion to the post of Supdt. in the scale of Rs. 6500-200-8500 EB 200-10500 + special pay of Rs. 200/- PM.
iii) If Special pay of the lower post has been granted on account of arduous nature of duties, then special pay is not to be taken into account while fixing pay of the higher post. For example, Cashier drawing pay of Rs.4190/ - + Rs. 40/- as special pay on A/C of arduous nature of duties in the scale of Rs. 3050-7 5-3950 EB &0-4590 will get his pay fixed at Rs. 4200/- on promotion as S.D.C. in the scale of Rs. 4000-100-4800 EB-100-6000 .Vide Note 9 below Rule 4.4 of Pb. CSR Vol. I Part-I.

Procedure for stoppage and clearance of EB of a Govt. employee, effect of pending departmental action under Rule 7 against the employee on the decision to clear EB.

For the purpose of crossing of EB, Govt. employee will broadly fall into three categories as given below and their cases should be dealt with as explained against each.
(a) Good: are those who earn consistently good reports and who should in ordinary course be permitted by competent authority to cross the EB.
(b) Fair: are those who secure at least 50% good reports. They should not be permitted to cross EB unless Head of Department is satisfied that they merit promotion.
(c) Poor : are the remainder and they should not be permitted to cross the Efficiency Bar. HOD while considering each case may take into account the severity or leniency of the officer whose reports are under consideration.

Efficiency and honesty taken together should be the guiding factor in dealing with EB cases. The record of officer/official during the period of 5 years precceding the date on which crossing of EB becomes due should be given special importance. The cases of all officers held up at EB should be-examined annually with a view to determining whether the quality of their work has improved or not and generally whether the defects for which they were stopped at the EB have been remedied to an extent sufficient to warrant the removing of EB or not. Vide Rule 4.8 RW note 3 thereunder of Pb. CSR Vol. I Part-I.

It is not necessary to consult the Public Service Commission in respect of orders passed for stoppage of EB
under Rule 4.8 of Pb. CSR Vol. I Part-I . However, if order for stoppage of EB is passed as a measure of punishment, the consultation of Public Service Commission would be necessary. Consultation with PSC is required in respect of disciplinary matters.
II. The EB cases should not be held up on account of the fact that some enquiries/departmental proceedings are in progress against the Govt. employee. Such cases of EB are required to be processed on merits. If the decision is taken that EB should be permitted, it should be allowed to the express condition that the same will be without prejudice to the decision that may be taken in the pending enquiry.Vide Para 34 of Guidelines regarding procedure in disciplinary cases and Para 11 of CS Hr No. 5474-35-73-2073 dated 29.1.1974.

Considering of ACR for crossing E.B.:-.
The ACR record of the officer/official during the period of 5 years preceding the date on which crossing of EB is required to be given special importance. The employee who has earned adverse report against integrity during the last 5 years should not be allowed to cross EB but in case where adverse entry of integrity is older than 10 years, the competent authority may take lenient view.
For the purpose of crossing of EB 5 years ACR are to be considered in the following manner :-
i) An official who has earned good reports consistently may be permitted to cross EB by the competent authority. In case an employee has earned more than 50% good reports, the competent authority may do so.
if) An employee who has secured only 50% good reports may not be permitted to cross EB in the ordinary way by the competent authority. Insuch cases sanction of Head of Deptt. is required for crossing EB.
iii) An employee who has earned less than 50% good reports should not be permitted to cross EB.
Based on Rule 4.8 of Pb. CSR Vol. I Part-I. RW Pb. Govt. letter No.3574 -G-48/35863 dt. 5/7/48 as amended from time to time.

The following are the conditions on which service counts for increment in a time scale:
1. All duty in a post on a time scale counts for increment in that time scale. 2. Service in another post other than a post carrying less pay counts for increment. 3.All leave except extra-ordinary leave taken otherwise than on medical certificate shall count for increment. 4.If a Govt. employee is appointed to officiate in a higher post, his officiating service in the higher post shall if he is reappointed to the same post counts for increment. v) Foreign service counts for increment. vi) Period of suspension if treated as duty counts for increment. vii) Joining time counts for increment. Vide Rule 4.9 of Pb. CSR Vol. I Part-I.

Following period does not count for increment.
i) Overstayal of leave. ii) Overstayal of joining time iii) Period of suspension adjudged as a penalty iv) Willfil absence from duty v) Extraordinary leave taken otherwise than on medical certificate. vi) Service in another post carrying less pay will not count for increment on a higher post. vii) Period of dismissal, removal not treated as duty, viii) Dies non period. Vide Rule 4.9 of Pb. CSR Vol. I Part-I.



Joining time counts for increment in the following case.:-
a) If it is granted to join a new post either at the same or new station without availing any leave on relinquishing charge of his old post. b) If it is granted to join a new post in a new station on return from earned leave not exceeding 180 days. c) If it is granted to join a new post on return from leave other than earned leave when he has not had sufficient notice of appointment to new post. Vide Rule 4.9 (e) RW Rule 9.1 to 9.4 of Pb. CSR Vol. I Part-I.

Foreign service counts for increment in the time scale applicable to :
l) the post in Govt. service on which the Govt. employee concerned holds a lien.
if) any post in the cadre on a lower scale of pay to which the Govt. employee is appointed on reversion from ex-cadre post.
iif) the post in Govt. service in which the Govt. employee was officiating immediately before transfer to foreign service.
Vide Rule 4.9 (d) of Pb. CSR Vol. I Part-I.


Next below rule It is not by itself any independent rule governing fixation of pay. It sets out the guiding principles to protect the interest of a Govt. employee who is working outside the cadre that he should not loose the benefit of officiating promotion which he could have received had he remained in parent cadre. For example A,B?C, in the order of seniority of A.D.O in Agriculture Department are on deputation with D.R.D.A. Sh. 'A' will get the benefit of promotion from the date Sh. 'D' is promoted in the parent department. The precise intention and scope of "Next Below Rule' is as under :
a) A Govt. employee out of his regular line should not suffer by forfeiting officiating promotion which he would otherwise have received had he remained in the regular line.
b) The fortuitous officiating promotion of some one junior to a Govt. employee who is out of regular line does not in itself give rise to a claim under the next below rule.
c) All the Govt employee senior to the Govt. employee who is out of the regular line should have been given officiating promotion.
d) It is also necessary that the Govt. employee next below him should have been given promotion Vide Note 4 Below Rule 4.13 of Pb. CSR Vol. I Part-I.

The pay of officiating Govt. employee is fixed on the following principles :-
l) A Govt. employee who is appointed to officiate in a post shall not draw pay higher than substantive post unless the officiating appointment involves the assumption of duties and responsibilities of greater importance. In other words, the same pay is to be fixed on officiating post of NIHR which the Govt. employee was drawing on substantive post and date/rate of increment will also be that of the old one. The pay scale of the new post
has no relevancy for the purpose of pay fixation. (Rule 4.13 (I)
ii) 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. (Rule 4.13(2
iii) The pay of an employee in the selection grade may be fixed at the stage next above his pay at the relevant stage of the time scale and the date of next increment would be on completion of normal period. The benefit of Rule 4.14 (2) shall also be admissible in such cases. Vide Rule 4.13 RW Note 12 thereunder of Pb. CSR Vol. I Part-I.
iv) A Govt. employee will draw initial pay at the stage of the time scale nex: above his substantive pay of the old post on appointment on higher post in officiating capacity. On enhancement in substantive pay as a result of increment or otherwise the pay of such Govt. employee shall be refixed if such refixation is to his advantage. Vide Rule 4.14 of Pb. CSR Vol. I Part-I.
v) The pay of a particular officiating Govt. employee may be fixed at an amour.: less than that admissible under the rules or less than minimum of time scale e.g. if a Govt. employee merely holds charge of the current duties of a post and does not hold full duties of the post (as in case of clerks/assistant etc. appointed as S.A.S. Section Officer on passing S.A.S. Part I examinati
vi) Benefit of pay at the next stage is admissible on promotion in the same time scale or lower time scale in case of group C & D Govt. employee under the scheme of Higher standard pay scale but no such benefit is admissive in ACP scales. Vide Para 15 of FD Hr. No. 10/108/94-4PR (FD) dated 29.12.1995 R.W. Proviso to Rule 15(2) of ACP Rules 1998.
vii) Where a Govt. employee holding a post in an officiating capacity is appointed in an officiating capacity to another post carrying higher respon sibility, his initial pay in the higher scale shall be fixed at the next stage and benefit of refixation is also admissible (Rule 4.4(c)

The following benefits of Next Below Rule is admissible to an officer who is working outside the regular line:-
f) He can draw the highest rate of pay to which he will be entitled in the regular line while holding the post outside his regular line.
if) The period of his service from the date of pro forma promotion will count for increment in the post in which he would have officiate had he been in the regular line. Based on Note 4 below Rule 4.13 Pb. CSR Vol.1 P.I

The pay of a Govt. employee who holds charge of more than one post is regulated as under :
- i) Where a Govt employee is formally appointed to hold full charge of the duties of higher post in the same line of promotion, he shall be allowed the pay of the higher post.
ii) Where a Govt. employee is formally appointed to hold dual charge of two posts in the same cadre, no additional pay shall be admissible.
iii) When a Govt. employee holds charge of the current duties of a post after being relieved of those of his substantive post, his pay may be fixed at an amount less than that admissible under the rules. This should be done when Govt. employee is not carrying out the full duties of the post.
iv) No additional pay shall be admissible to a Govt. employee who is appointed to hold current charge of the routine duties of another post.Vide Rule 4.22 & 4.23 of Pb. CSR Vol. I Part-I.