Transcript FRSR - Delhi

FRSR
 Under
article 309 of the Constitution, the President and the Governors
have powers to frame rules for central and state government employee
respectively. In respect of All India Services, the power to make rule is
reserved to the Union Parliament.
 Fundamental Rules came into force with effect from 1.1.1922 and were
applicable to all government servants. After the independence of India,
these rules have been retained as operative and no new set of rules were
framed. These are applicable to all Government servants whose pay is debitable to Civil
Estimates and to any other class of Government servants to which the President may, by
general or special order, declare them to be applicable.
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The contents in FRSR are compiled as under :FRSR Part I- General Rules
FRSR Part II-TA Rules ( Supplementary Rules)
FRSR Part III-CCS (Leave Rules )1972
FRSR Part IV- DA HRA
In addition to the above, the Head of Office has also to act under
the provision of CCS (Pension) Rules, 1972 and CCS (LTC)
Rules, 1988 and other reference books.
The various terms used in FRSR are defined in FR9 and SR2 and
also in the definitions contained in the relevant compilations of
the rule.
How to locate relevant rule or reference – The Rule wise
contents are given in the beginning of the relevant book,
however, for the purpose of convenience, the index at the end of
these books is helpful to locate any of the relevant provisions of
rules contain in the book.
 Issues which require attention of HOO.
 Induction to new group of UTEGIS on regular promotion / appointment and
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its effective date of induction is -1st January of every year and Completion
of Form 13.
Transfer of service records.
GPF
Completion of the Service Record of the staff under HOO-service
verification, nomination form and other deficiencies having bearing on
pension.
Upgradation / Bifurcation of a school or opening of new school- Declaration
of HOO and DDO, attachment with PAO.
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The contents and provisions contained in the FRSR covers all service matters
but considering the time schedule only the important provisions which are in
general used by the Head of Office in day to day functioning are being
discussed.
Pay fixation.
Pay Fixation is governed under the provisions of FR22 but after the
implementation of CCS (RP) Rule, 2008, the concept of pay fixation has
changed a lot. Therefore, to understand the concept of the pay fixation it has
been divided into two parts i.e. prior to 1.1.2006 and after 1.1.2006.
Pay fixation prior to 1.1.2006 - In the case of promotion to another post
carrying duties and responsibilities of greater importance than those attached to
the post held by him, his initial pay in the time-scale of the higher post shall be
fixed at the stage next above the notional pay arrived at by an increasing his pay
in respect of the lower post held by him regularly by an increment at the stage
at which such pay has accrued or (rupees one hundred only), whichever is
more. FR22 (1) (a)1.
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The Govt. Servant have option , to be exercised within one month from the date
of promotion or appointment as the case may be for fixation of his pay on accrual
of next increment in the lower grade or post.
The facility of option in case of Adhoc appointment not available but in case
where Adhoc promotion is followed by the regular appointment without break,
the option is admissible as from the date of initial appointment / promotion, to be
exercised within one month from the date of such regular appointment.
FR22 (1) (a)2 deals with appointments to new post which does not involved
assumption of duties and responsibilities of greater importance. The pay will be
fixed at same stage and if no such stage, the stage next above the pay in old post
held by him.
Increment will be changed only when pay is fixed next above his pay in old post
held by him.
 Fixation of Pay on Promotion on or after 1.1.2006- In the case of promotion
from on grade pay to another in the revised pay structure, the fixation will be done
as follows: One increment equal to 3% of the sum of the pay in the pay band and the existing
grade pay will be computed and rounded off to the next multiple of 10. This will be
added to the existing pay in the pay band. The grade pay corresponding to the
promotion post will thereafter be granted in addition to this pay in the pay band. In
cases where promotion involves change in the pay band also, the same methodology
will be followed. However, if the pay in the pay band after adding the increment is
less than the minimum of the higher pay band to which promotion is taking place,
pay in the pay band will be stepped to such minimum.
 Fixation of pay on promotion to post carrying higher duties and responsibilities
but carrying the same grade pay- OM dated 7.1.2013.
 Re-fixation of Pay in respect of those employees whose annual increment falls
between February and June 2006- OM date 19.3.2012.
 Re-exercise of option under Rule 6 of the Central Services (Revised Pay) Rules,
2008 in case of employees covered under the OM dated 19.3.2012.
 FR 26- Annual increment Under the provision of CCS (RP Rules), 2008 uniform date of increment
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has been prescribed from 1st July of every year and further should six month
qualifying service.
The rate of increment in revised pay structure is 3% of the sum of the Pay
Band and Grade Pay applicable which is rounded off to the next multiple of
10.
FR 27- Pre-mature increment to Govt. Servant.
Dismissal, removal and suspension.
FR 52- The pay and allowances of a Government Servant who is dismissed
or removed from service cease from the date of such dismissal or removal.
FR 53- (1) Entitlement of Govt. Servant under suspension or deemed to
have been placed under suspension for payment of subsistence allowance.
FR 54.
FR 56-Retirement
 FRSR Part III CCS (leave rules) 1972. These rules are applicable to all
government servants whose salary debited to civil estimates.
 Kind of Leave due – Earned Leave, Half Pay Leave, Commuted Leave, Leave not
due, EOL.
 Leave may be granted by an authority declared as authority competent to grant leave
in the First schedule to CCS leave rules 1972.
 Right to leave-Leave cannot be claimed as right, in exigencies of public service so
require leave of any kind may be refused or revoked by authority competent to grant
it.
 Title of leave applied for cannot be altered except at the written request of the
government servant (Rule 7).
 A government servant’s claim’s to leave is regulated by the rules in force at the time
leave is applied for and granted (Rule 8).
 Effect of dismissal, removal or resignation on leave at credit- ceases from the date of
such dismissal or removal or resignation (Rule 9).
 Retrospective commutation of leave by sanctioning authority at the request of
government servant from one kind of leave into different kind of leave admissible to
him at the time leave was granted but it cannot be claimed as matter of right. The
request should be with in 30 days of joining his duty after relevant spell of
leave.(Rule 10)
 The combination of different kind of leave (rule 11).
 Maximum amount of continuously- not exceeding 5 year (Rule 12)
 Rule 26- Earned leave for Government Servants serving in Departments other
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than Vacation Department- Credit of 15 days each on the first day of January
and July of every calendar year.
Credit where period less than half year – credit of 2 ½ per completed calendar
month.
Deduction of 1/10 of the period of EOL/dies non in a half year- Rule 27.
Rule 29 Half Pay Leave – credit in advance of 10 days each on the first day of
January and July of every calendar year.
Credit where period less than half year – credit of 5/3 % per completed calendar
month.
Deduction of 1/18 of the period of dies non in a half year- Rule 29.
Leave in the case of Teachers.
In the case of Teachers the facility of Earned Leave @ 10 days / per year was
introduced w.e.f. 1.9.1981 and it continued upto 31.8.2008. From 1st September,
2008, 20 days half pay leave restored to Teachers, Principals, Headmasters,
Librarians, Laboratory Assistants and Watermen working in schools under the
Central Government.
 Child Care Leave – maximum period of during entire service
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Requires prior sanction.
Intervening holidays will count as Child Care Leave as in the case of
Earned Leave.
In respect of disabled/ mentally challenged children, it is permitted up to
the age of 22 years subject to conditions and submission of certificates.
Child Care Leave may not be granted in more than 3 spells in a Calendar
Year.
Child Care Leave may not be granted for less than 15 days.
Child Care Leave should not be sanctioned during probation period except
in cases of certain extreme situations and a minimal leave should be
sanctioned.
LTC cannot be availed during Child Care Leave.
 Maternity Leave
 Rule 43-(1) A female Government servant (including an apprentice) with
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less than two surviving children- 180 days from 1.9.2008.
Miscarriage/ Abortion (induced or otherwise)- Total 45 days in the entire
service excluding any such leave taken prior to16.6.1994.- Rule 43(3)
The leave is not debited to the leave account – Rule 43(5)
It is granted on full pay – Rule 43 (2)
It may be combined with leave of any other kind. – Rule 43(4)
Any leave (including commuted leave up to 60 days and leave not due) may
be taken without medical certificate up to two years in continuation. – Rule
43(4)(b).
Counts as service for increments. – FR 26 (b)
Counts as service fro pension. – Rule 21 of CCS (Pension) Rules.
 Rule 39- Leave/Cash payment in lieu of leave beyond the date of retirement,
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compulsory retirement or quitting of service.
Maximum 300 days encashment.
DA increase with retrospective effect also admissible.
Exemption from Income Tax.
Cash equivalent for Earned Leave and Half Pay Leave subject to overall
limit of 300 days w.e.f. 1.1.2006.
 CCS (Pension), Rules 1972
 The Head of Office being the pension sanction authority is required to
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process the pension cases of the retiring employees working under him. The
reasons for non finalization of the pension cases in time are generallyIncomplete service book- Service verification from previous department or
other deficiencies.
Incomplete nomination or non existence of the nominations, details of
family in the service record of the employee in the case of death.
Departmental or judicial proceedings pending again the retiring Government
servant.
No dues certificate in respect of Govt. accommodation allotted to the
employees.
Complaint-Rule -9(6) of CCS(Pension) Rules 1972
 Action required from Head of Office.
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Verification of service – Rule 59
Period of suspension – Rule 23 – Necessary entry of the treatment of the
period of the suspension needs to be recorded in the service book.
In the absence of any specific entry, the period shall be taken as counted
towards for qualifying service.
Form in the case of superannuation, voluntary retirement, death cases are
different only the relevant forms need to be filled. Assistance from
Principal Accounts Office, Website regarding relevant forms required can
be taken.
In the case of commutation of pension forms are different in case of
superannuation, voluntary retirement and where disciplinary proceeding
were pending against the Govt. servant.
Where disciplinary proceeding is pending at the time of the retirement of a
Govt. servant, he is not eligible to apply for commutation of a fraction of
his pension. It will be only after the finalization of the disciplinary
proceedings.
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