Fundamental Rules – Amendment to F.R. 54 (5) and FR 54-(B)(7), F.R.26 (b)(ii) for counting EOL for sanction of notional increments and Pension – Orders – Issued.
FINANCE (FR.II) DEPARTMENT, G.O.Ms.No.307 Dated. 03.12.2012.
1. G.O. Ms. No.3, Finance (FR.II) Dept. dt. 4-1-2006
2. U.O. No. 37392/Vig.I(2)/2009, dt. 29-01-2011 from Revenue Dept.
O R D E R:
In the G.O. 1st read above the discretion of the competent authority for counting the not-duty period for a specific purpose was withdrawn when the period of deemed suspension/suspension is regularized as “not
duty”. Hence, the Govt. servant would not be entitled for leave, increments and pension for suspension and dismissal period when it is treated as “not duty”.
2. In the U.O. Note 2nd read above it has come to the notice of Finance Department that in many cases, the Hon’ble High Court of Andhra Pradesh/A.P. Administrative Tribunal while acquitting the Public Servant in Criminal Appeals from the Criminal Charge ordered to regularize the suspension period and dismissal period as not duty and to count the interregnum periods (suspension/dismissal) for the purpose of pensionary benefits and also to pay interest on certain issues. In such matters when consulted the Law Department, while citing the Apex Court judgements, advised that the suspension period and the interregnum period between the date of dismissal and reinstatement of a Public servant be counted for purpose of pensionary benefits. But, there is no provision in Fundamental Rules for such payments to the Public Servant for any
pay and allowances for the above periods except the subsistence allowance, as per the rules in force now.
3. According to FR. 54 (5), and FR. 54-(B)(7) when period of deemed suspension/suspension is regularized as ‘not duty’ the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty and the authority competent may convert the above periods into leave of any kind due and admissible to the Govt. servant, if he so requests.
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