Some Important Rules Useful for Central Govt. employees and Postal Employees.
Ans: As per Chapter IV, rule 6 of Swamy’s compilation on Reservation & Concession for SC/STs, the reservation roster is not a confidential document and can be shown to individual officials /association and, if necessary, through the liaison officer.
As such, the divisional secretaries on request should be permitted to peruse the roster once a year.
Ans: As per the DOPT order dt 19.10.82, the departmental vehicles can be provided to such officials who may need emergent medical attention, while on duty.
If the departmental vehicle is not immediately available, maximum possible assistance/ aid should be provided and the official moved to hospital by engaging other transport, if necessary at the cost of the government.
Ans: When a departmental official is required by the police officers for interrogation, invariably a senior official like ASP/SDI/PRI(p) should accompany the official and he should remain there till the interrogation by the police is over
Ans: The availability or other wise of Earned leave has no bearing on sanction of LND. LND is nothing but advance credit of HPL that he will be earning in the rest of his service. So it may be sanctioned, provided that there is every prospect of his earning that amount of HPL in his left over service(See reply to question No 31 also)
Ans: The order was issued on 06.07.1999 in which it was categorically stated that the family planning allowances shall be admissible in future only to those C. G employes, with not more than two surviving children. As such, the condition is not applicable for those having more than two children prior to 06.07.1999. .
Further as per the rules this allowance is not available for those who under went family planning operation after 50 years of age in case of male employee and 45 years in case of female employee.
Ans: No. Family pension can be availed for one service only, army or civil
Ans: The Government servant can opt out from CGHS in such a circumstance as per the Government orders dated 04.08.1994. There is no compulsion to remain in the scheme.
Ans: No. The MACP promotion is only personal to the official and the senior cannot claim stepping up of his pay with junior. No pay protection is provided at par with junior.
Ans: No. As per Rule 29 of CCS (CCA) Rules 1965, the punishing authority is not competent to revise or cancel his own order. But the appellate authority on an appeal or on its own motion can review & revise the order of disciplinary authority
Ans: If the official got MACP before regular promotion and availed the fixation benefits, there will be no fixation of pay at the time of promotion. In such cases, the official will continue to draw the same pay, but the next higher grade pay will be granted in case if the same is above the regular promotion.
Further if the employee was offered regular promotion prior to the grant of MACP but declined to accept such promotion, he is not entitled for MACP. Therefore one should not decline regular promotion before exhausting all three ACP Promotions.
Ans: As per the DG P& T letter No. 7/31/66 –SPB dt 25.06.65, if the punishment is current, the authority should consider each case on its merits to see whether a person should be promoted, in- spite of the penalty imposed, on the basis of the results of the examination which he has passed.
Therefore, the officials under currency of punishment are eligible to appear for the departmental examination.
Similarly, the official against whom the disciplinary proceedings have been initiated is under suspension should also be admitted to write the departmental exam. However he will be promoted, only after the disciplinary proceedings are over and he is completely exonerated.
Ans:It cannot be drawn during the suspension period as per the existing rules. However, on reinstatement after suspension, he is entitled to the allowance and its date of effect depends on how the period of his suspension is treated.
Ans: No. There is no provision to recover the excess paid pay and allowance from the pensioner vide GID 7 (&) below Rule 73 of CCS (Pension) Rules, 1972. It is most pertinent to note that once the pension is authorized, it should not be revised to the disadvantage of the pensioner as per Rule 70 ibid
Ans: As per the rules, it should be availed with in six months from the date of delivery of the child.
Ans: As per SR 194-A, it should be preferred within one year. For LTC, it should be preferred within three months form the date of completion of return journey and if advance is drawn, it should be preferred with in one month.
Ans: No. According to Para 21.2 of the scheme promulgated in 1980, it is not permissible to adjust any Government dues from the Group Insurance Scheme benefits
Ans: Yes. He is entitled for transport allowance. As per the orders dated 22.02.02 the transport allowance will not be admissible, if a govt servant is absent from duty for a full calendar month(s)due to leave, training, tour etc. In this case, the leave period is spread over in two calendar months.
Ans: As per the MACP Scheme, the employees granted Financial up- gradation(i.e) higher pay in grade/ band shall continue to hold the original post on regular basis with the same designation, classification, duties and responsibilities without conferring any privileges related to higher status. On up-gradation they will be eligible for LTC, allotment of Quarters etc. facilities as applicable to the officials with higher pay
Ans: er the OM dt 29-08-2007, the medical facilities will continue to be available to sons who are dependent on Government servant irrespective of their ag,e if he is suffering from any permanent disability of any kind physical or mental. In all other cases, till he starts earning or attains the age of 25 years whichever is earlier
Ans: s per the existing provisions under Rule 54 of CCS pension Rules 1972, widowed daughter is eligible for family pension without any age restriction subject to fulfilment of other conditions.
Ans: he ward should not cross the age of 18. However in case of physically/ mentally handicapped children, they are entitled for the benefits-up to the age of 22 years as per the OM. Dated 21.03.2006.
Ans: s per the Rule10 (1) of CCS (leave) Rules 1972 , the request for conversion of one kind of leave into another should be submitted within a period of 30 days after joining the duty on expiry of relevant spell of leave. The earlier practice of applying conversion of leave at any time has been withdrawn.
Ans: The maternity leave, as per rules, will be treated as qualifying service. However EOL in continuation of ML without medical certificate will not count as qualifying service for increment/ pension.
Ans: As per Rule 8(b), the subscription towards GPF should not be less than 6% of emoluments and not more than the emoluments. (Pay+ Grade pay) as on 31 march of the proceeding year [Rule 8(2). The DDO’s do not have any right to alter the subscription fixed by the Government Servant. The subscription may be increased twice and reduced once at any time during the year.
Ans: As per SR 116, the transfer grant is admissible only if change of residence is involved. After 180 days, he can claim T.A bill by changing his residence to the newly posted station. But daily allowance will be paid only up to 180 days.
Ans: According to FR 54 (B) (2), where a Government servant under suspension dies before the disciplinary proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes. His family should be paid in full pay and allowances for that period at the rate he would have been entitled had he not been suspended. Naturally his family will be entitled for family pension and death gratuity.
Ans: Yes. Certainly he is entitled. As per Rule 49 of CCS (pension) Rules 1972 , the period of three months and above but less than six months is to be treated as qualifying service of six months for determining pension. Hence all those who are having the qualifying service of 9 years 9 months and above should be treated as ten years of qualifying service and they are entitled to pension.
No. The official is not entitled. As per the Rule 9, the leave at credit is treated as lapsed on the date of removal/ dismissal . There is no question of any leave encashment.
Ans: As per DOP & PW OM dt 30.12.98, one change in option in the life time of a pensioner shall be allowed. As such he can change the option once.
Ans: Yes. When the suspension period is treated as duty for all purposes, his pay and increments etc are to be regulated as if he was on duty.
Ans: A notice should be served on the official asking him to state as to why he should not be dismissed/removed from service on account of his conviction in a court of law. On receipt of the reply, the disciplinary authority should carefully examine as to whether the offence committed by him is serious enough to dismiss him from service. Then take appropriate action as per Rule19 of CCS(CCA) Rules and govt of India instructions issued there under. (see reply to question No 8 also)
Ans: Yes. Family is entitled to family pension and death gratuity
Ans: See GOI below Rule 11 of CCS(CCA)Rules 1965. .
The order of penalty of reduction to a lower grade should specify the following:-
i) The date from which it will take effect and the period for which the penalty shall be operative.
ii) The stage in the lower time scale in which the pay is to be be fixed.
iii) Whether the period of punishment will postpone future increments or not.
All the above details should be specifically furnished in the punishment order.
Ans: Unless the marriage is terminated with divorce decree by the court of law, the wife is eligible for family pension, irrespective of the fact whether is was living with him or not.
Ans: No. The portion of pension should not be recovered from the family pension. The family pension is payable in full to the beneficiary.
Ans: Recovery of CGHS contribution is with reference to the palace of residence of the official and not with reference to the place of posting.
Ans: According to GPF (CS) Rules any member of the family can be nominated. Similarly for Group Insurance scheme, the Government Servant can nominate any one of his family member.
Ans: No. Production of medical certificate is mandatory to avail commuted leave even for one day.(except when granted up to two years in continuation of maternity leave and Up to 90 days for prosecuting an approved course of study)
Ans: The leave sanctioning authority should not alter the nature of leave applied for by the official.
Ans: As per the Pension Act 1971, Pension is not attachable by any court of law, even if the decree is for maintenance.
Ans: No. As per the Rule 10 of CCS (RP) Rules 2008, an official who has completed six months qualifying service will be entitled for next increment. As such, Diesnon, EOL without MC up to 6 months will have no effect in postponing the increment.
Ans: The Department vide its letter dt 18.12.95 clarified that the officials transferred after the completion of full tenure are entitled for TA and transit. This is effective from 18.12. 95.
Ans: As per Directorate orders dt 06.01.82, the transfer orders once issued may be cancelled by the same authority in the interest of service. However he will inform the same to next higher authority with reasons for his intention to cancel the orders. If no reply is received with in 7 days, he can cancel the transfer orders.
Ans: If an official who has completed full tensure may be allowed to work as treasurer even tough he has done a full tenure in the same office in aother post.
Ans: Yes. he is entitled for officiating pay( Department of posts letter no 9-25/82-SPG/SPB,II dated 29-05-86) Eligibility to draw officiating pay is dependent on the number of days for which the post was available for officiating arrangement, either due to leave of permanent incumbent or due to some other reasons. If the arrangement is for 14 days or more the official who has than all those who have worked in that post will have to be paid the pay and allowances attached to the post.
Ans: As per the Directorate orders dt. 06.05.03, the Head of Circle is competent, to convert a pos- attached quarters for other purpose?
Similarly, the suspension of quarters beyond 90 days enabling the SPM to draw HRA due to inhabitant quarters shall be exercised by the circle head only. There is no need to forward such cases to Directorate now.
Ans: The Divisional Superintendent retiring within a period of six months must obtain prior written approval of the DPS/PMG before issuing any transfer/ posting orders and appointment of ED agents as per the Dte. Orders dt -07.1992. This order is again reiterated on 12-06-1996. As, such no transfer order can be issued by him without the approval of DPS.
Ans: Yes. As per 26.07.90 orders, the requests from physically handicapped employees for transfer to their place of choice or to their native place will have to be considered . This was again reiterated by the DOPT on 13-03-2202.
Ans: As per Dte. Letter No. 22-.12-87 , there is no bar to one being promoted while the recovery is in progress because such promotion will not affect the enforcement of the penalty.
Ans: As per the directorate of estatws orders dt 04-10-91,he may be allowed to retain the post attached quarters for a period of one month on payment of normal rent
Ans: As per the Dte. Orders dt 02.06.84, the P & T employees should get preference in allotment of the community halls for their own use, before the requests of the outsiders, sponsored by another P & T employee.