QUESTIONS BANK & ANSWERS ON STAFF RULINGS & DISCIPLINE

QUESTIONS BANK & ANSWERS ON STAFF RULINGS & DISCIPLINE

Tit Bits  (Compiled By Com Kayveeyes) 

   (This question bank is compiled exclusively for the viewers of this blog and it will be released regularly. One fervent request. If anyone desires to circulate the titbits in the local groups, please mention that it is taken from the yourskayveeyes.blogspot.com) ------    Yours kayveeyes.

1. Whenever any changes/unforeseen developments resulting in modification of rules happen, whether the officials can exercise revised option?

Ø  Whenever any such changes taken place, the Government servant may be given a revised option for pay fixation under FR 22 (1) (a) (i) within one month from the date of orders.

    (DOPT OM No. 16/8/2002-Estt (Pay I) dated 25.02.2003) 

2.  Whether the special allowance drawn to the treasurer may also be drawn during training  period?

Ø  No Special Pay is admissible to the Treasurer during the training period as he is not performing any duties of the treasurer during that period.

    (Accountant General P&T Audit I 569/23-51 (General) VIII dated 29.09.1975)

3.   Whether counting of the training period is applicable in case of promotees?

Ø  No. This is applicable only in cases of Direct Recruits who are compulsorily required to undergo training before taking up Government employment.

     (DG (P) No. 3-27/91-PAP dated 23.08.1991)

4.   What is the time allowed for exercising option for pay fixation on promotion?

Ø  On promotion, option shall be exercised within one month. Now, the same has been incorporated in the promotion orders itself on a regular basis.

     (DG (P) No. 1-11/81-PAP (Pt) dated 02.03.1988)

5.  What are all the conditions for claiming stepping up of pay with juniors?

Ø  (i) Both senior and junior must be in the same cadre in identical pay scales and also in the same recruiting unit.

      (ii) Posts to which they are promoted must also be identical and same.

      (iii) At the time of promotion, senior must be getting an equal or more pay than junior.

      (iv) Anomaly should be a direct result of application of FR 22 (c) or any pay fixation rules.

6.     What are all the cases which will not construe under the pay anomalies?

Ø  (i) Senior getting less pay in lower post due to postponement of date of next increment on account of his proceeding on extraordinary leave.

(ii) Senior refusing promotion leading to the early promotion of the junior and later promotion of the senior.

(iii) Junior getting higher pay in lower post due to adhoc arrangements.

(iv) Senior joining higher post later and getting lower pay.

(v) Senior appointed to lower post later than the junior but getting promoted earlier than the junior.

(vi) Senior direct recruits getting less pay than the junior promotees whose pay is fixed with reference to pay last drawn.

(vii) Junior getting more pay due to additional increments earned on acquiring higher qualifications.

    (DOP&T OM No. 4/7/92 – Estt (Pay I) dt. 04.11.93)

7.  Whether stepping up of pay can be allowed second time with another official?

Ø  As per DOPT order dated 22.07.1985, the benefit of stepping up of pay can be allowed to senior official second time, provided the anomaly has arisen with reference to the pay of the same junior, with reference to whom the pay of the senior was stepped up first time. As such there is no provision to step up pay to another person directly other than the person earlier opted for.

 8. Whether the senior joins the higher post later than his junior and draws lesser pay can claim stepping up of pay with his junior?

Ø  If a senior joins the higher post later than the junior for whatsoever reasons whereby he draws less pay than the junior in such cases, senior cannot claim stepping up of pay at par with the junior vide Para 2 (c) of GIO (27) under FR 22 in “Swamy’s Compilation of FR & SR, Part-I-General Rules”. 

  9.  Whether the provision of option under FR 22 (I) (a) (1) is admissible in respect of adhoc promotion?
As per the provisions of FR 22 (I) (a) (1) option is not admissible in respect of ad hoc promotions. If such promotion is followed by regular appointment to the higher post without any break, option may be allowed as from the date of initial appointment.

10. Whether the training period prior to appointment shall be taken for the purpose of drawing increments?

Ø  Yes. The training period for the direct recruits, whether on remuneration of stipend or otherwise may be treated as duty for the purpose of drawing increment. This was given effect from 1.10.1990.

    (MOF NO. 16-16/89-Estt (Pay-I) dated 22.10.1990)

Subsequently based on the demand of Staff Side the period was extended from 1.1.1986 vide OM dated 31.03.1992.

Note: You can also send your doubts and I will try my best to reply either in the blog or in the Anbudan kayveeyes youtube channel regularly.

11.  Where more than one penalty of withholding increments are imposed against an official at the same time, how can it be given effect to?

Ø  In such cases, one after the other, the penalty of withholding of increments shall be implemented.  The first penalty order gives effect for the period specified in the order. Thereafter, the increment due to the employee will be allowed and then next penalty order will be implemented from the date of next increment due to him; and so on for third and subsequent penalties.

(DG P&T No. 230/308/75-Disc II dt. 03.05.76)

12.   An official is ordered to officiate in higher post first for 10 days and subsequently extended for another 10 days. Whether he is entitled to higher officiating pay?

Ø  Yes. If an official is officiating in higher post for less than 14 days, he is not entitled to higher pay. However, even if the first spell is less than 14 days but subsequently it is  extended and the total period exceeds 14 days or more, the official officiating in the higher post is entitled for higher pay as per the Directorate letter No. 9-25/82-SPG/SPB II dt.29.05.86.  

13.  Whether any deduction in the washing allowance needs to be made for the period of leave?

Ø  No. Full amount should be drawn.

(DOP &TRG OM No. 14/8/90-JCA dated 29.6.1990) 

14.  If a Government servant dies while on leave, Whether the due increment becomes due during the leave period shall be drawn and paid to the family or not?

Ø  Leave salary may be allowed to members of his family giving the benefit of such increment from the due date without waiting for rejoining.

(DOPT No. 16/13/88-Estt (Pay I) dated 06.02.1989)

 15. Whether an official on transit is entitled to draw increment if it becomes due during transit period?

Ø  During joining time, a Government servant will draw pay equal to pay drawn on the date of relinquishing charge of the old post.  Hence, increment falling due during the period of Joining Time will be drawn only on joining duty.

(Rule 7, CCS (JT) Rules)

(DG P& T No.4/100/81-SPB-II dated 14.10.1982

 

16.       Whether the holidays suffixed to leave would be termed as duty on promotion and pay fixation shall be drawn from the date of such suffix days?

Ø  It will not be termed as duty on promotion. As per FR 17(1) of FR & SR- Part I-General Rules”, an officer shall begin to draw the pay and allowances attached to the post only from the date he assumes the duties of that post.

17. If the first of the month happens to be a holiday as well as the prefix to the leave to be availed by an official in which month his increment is due, whether the increment will be drawn from the first of the month or after the official rejoins the duty?

Ø  The increment falling due on first of the month, a closed holiday allowed to be prefixed to leave, the due increment should be drawn from first of that month itself and the leave salary also should be based on the increased salary.

(Rule 22 (3) of CCS (Leave) Rules)

18. Whether the annual increment due during the period of maternity leave will be drawn from the date of joining the duties after leave or from the date it is due?

Ø  When an employee is proceeding on leave, she is entitled to draw leave salary equivalent to the pay drawn before proceeding on such leave. Accordingly, the annual increment falling during the period maternity leave will be drawn only from the date on which one joins her duties.

19.  What is the maximum number of increments granted to sports persons?

Ø  They are entitled for one increment for achieving excellence in national events and two increments for international events. Maximum five increments are allowed in one entire career.

(DOPT OM No. 6/2/85-Estt (Pay I) dated 30.01.1989)

20. What is the restriction under FR 35 for officiating pay when a Government is ordered to work in higher posts?

Ø  As per DOPT OM No. F/1/4/2009 - Estt (pay I) dt. 08.03.2010, for employees receiving pay in the pay band up to Rs.14880 PM (our cases), 15% of the basic pay subject to a maximum of Rs. 2000/- PM (including the difference of grade pay between the feeder and the promotional post). The annual increment @ 3% of the basic pay so fixed shall be granted.

21. Whether an official who is on long leave is entitled for drawal of HRA? If so up to what extent?

Ø On medical leave, HRA has been allowed for 8 months. Beyond that also it can be allowed by the controlling authorities. For other kinds of leave, HRA is allowed upto 180 days without any certificate. On furnishing required certificate, it may be drawn for the remaining periods.

                                                            (MOF OM No. 11020/19/90-EII (B) dated 05.02.1991)

22.An official provided with staff quarters is transferred in the middle of an academic year to another station. What is his HRA entitlement?

Ø 1. In such cases, if he detains the Govt accommodation at the old station, HRA will be allowed for 8 months at the new station.

2. If he is not in occupation of Govt accommodation in old station and not allotted accommodation in the new station and leaves family at the old station, HRA is allowed as under:

 

(i) For the first 2 months of assuming charge at the new station	At the rate drawn at the old station
(ii) For the next 4 months or till the end of the academic year, whichever is later	At the rate drawn at the old station or the maximum rate allowed at the new station for residence taken on rent, whichever is less

 

     3. As per MOF No. 19055/1/E-IV/2002 dated 28.03.2003, employees transferred due to shifting of headquarters, shall be entitled to HRA at the rate admissible to them at the old headquarters, if their families continue to reside there, for six months or till the employee is allotted or secures family accommodation at new headquarters whichever is earlier.

23.       Both husband and wife are posted in one station and one is provided with Government accommodation. They are claiming HRA for both saying that they are residing separately. Whether is it permissible?

Ø No HRA will be allowed irrespective of the fact whether they live together or live separately except in pursuance of a court order of judicial separation. If any one of the spouses is allotted Govt accommodation or the post attached Government accommodation and working in the same station, HRA shall not be drawn to the spouse. (Para 5 (C) c (iii))

24.       Whether full HRA is admissible during the period of Half Pay Leave?

Ø  The Leave Salary is based on the pay drawn immediately before proceeding on leave. For Half Pay Leave, the Leave Salary will be 50% of last pay drawn and DA will be calculated on this 50% of pay last drawn. During the period of leave, HRA will be at the same rate at which he was drawing immediately before proceeding on leave. For Half Pay Leave, there will be no reduction in HRA and full HRA shall be drawn. 

25.Whether drawal of HRA can be restricted to one in case both husband and wife are Government Servants and not provided with staff quarters?

Ø  No restriction shall be imposed only on the ground that husband/wife is also a Government servant and living together with the hired/owned accommodation. In such cases, normal amount of HRA shall be granted to both of them.

(MOF No. F/11015/2/87-E II (B) dated 08.11.1988)

 

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