WHOLE TIME OF A GOVERNMENT EMPLOYEE AT THE DISPOSAL OF GOVERNMENT

3.10     Unless  in any case it be otherwise distinctly provided, the whole time of a Government employee is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority, without claim or additional remuneration, whether the services required of him are such as would ordinarily be remunerated from Union or State revenues, or from the revenues of a local fund.

SUBSTANTIVE APPOINTMENT AND LIEN

3.11    (a)         Two or more Government employees can not be appointed substantively to the same permanent post at the same time.

(b)        A Government employee can not be appointed substantively except as a temporary measure, to two or more permanent posts at the same time.

(c)        A Government employee can not be appointed substantively to a post on which another Government employee holds a lien.

3.10     Unless in any case it be otherwise provided in these rules, a Government employee on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post.

3.11     Unless his lien is suspended under rule 3.14 or transferred under rule 3.16, a Government employee holding substantively a permanent post retaining of lien on that post –

(a)                while performing the duties of that post ;

(b)               while on foreign service, or holding a temporary post, or officiating in another post ;

(c)                during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay; in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post ;

(d)               except as provided in Note below while on leave other than refused leave granted after the date of compulsory retirement under rule 8.21 ; and

(e)                while under suspension.

Note.               When a Government employee holding substantively the post of a Chief Engineer of the Public Works Department, takes leave immediately on vacating his post he shall during the leave be left without a lien on any permanent post.

                        The word “vacate” used in this note refers only to vacation as a result of completion of tenure on attainment of Superannuation.

3.14     (a)        A competent authority shall suspension the lien of a Government employee on a permanent post which he holds substantively; if he is appointed in a substantive capacity –

(1)               to a tenure post ; or

(2)               provisionally, to a post on which another Government employee would hold a lien, had his lien not been suspended under this rule.

(b)        A competent authority may, at its option, suspend the lien of a Government employee on a permanent post which he holds substantively if he is deputed out of India or transferred to foreign service, or in circumstances not covered by clause (a) of this rule, is transferred, in an officiating capacity, to a post in another cadre, and if in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien, for a period not less than three years.

(c)        Notwithstanding anything contained in clause (a) or (b) of this rule, a Government employee’s lien on a tenure post may, in no circumstances be suspended.  If he is appointed substantively to another permanent post, his lien on the tenure post must be terminated.

(d)        if a Government employee’s lien on a post is suspended under clause (a) or (b) of this rule, the post may be filled substantively, and the Government employee appointed to hold it substantively shall acquire a lien on it; Provided that the arrangements shall be reserved as soon as the suspended lien revives.

Note 1. -          This clause shall also apply to a post in a selection grade of a cadre.

Note 2. -          When a post is filled substantively under this clause, the appointment will be termed “a provisional appointment”; the Government employee appointed will hold a provisional lien on the post ; and that lien will be liable to suspension under clause (a) but not under clause (b) of this rule.

(e)        A Government employee’s lien which has been suspended under clause (a) of this rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-clause (1) or (2) of that clause.

(f)         Revival of lien: A Government employee’s lien which has been suspended under clause (b) of this rule shall revive as soon as he ceases to be on deputation out of India or on foreign service or to hold a post in another cadre; provided that a suspended lien shall not revive because the Government employee takes leave if there is reason to believe that he will, on return from leave, continue to be on deputation out of India or on foreign service or to hold a post in another cadre and the total period of absence on duty will not fall  short of three years or that he will hold substantively a post of the nature specified in sub-clause (1) or (2) of clause (a).

Note  -            When it is known that a Government employee on transfer to a post outside his cadre is due to retire on superannuation pension within three years of his transfer his lien on the permanent post can not be suspended.

3.15     No termination of lien:  

(a)        Except as provided in clause (b) and (c) of this rule and in note under rule 3.13, a Government employee’s lien on a post may, in no circumstances, be terminated, even with his consent, if the result will be to leave him without a lien or a suspended lien upon a permanent post.

(b)        Notwithstanding the provisions of rule 3.14 (a), the lien of a Government employee holding substantively a permanent post shall be terminated while on refused leave granted after the date of compulsory retirement under rule 8.21 ; or on his appointment substantively to the post of Chief Engineer of the Public Works Department.

(c)        A Government employee’s lien on a permanent post, shall stand terminated on his acquiring a lien on a permanent post (whether under the Central Government or a State Government)  outside the cadre on which he is borne.

3.16     Subject to the provisions of rule 3.17 a competent authority may transfer to another permanent post in the same cadre the lien of a Government employee who is not performing the duties of a post to which the lien relates, even if that lien has been suspended.

3.17     (a)        Government may transfer a Government employee from one post to another; Provided that except –

(1)               on account of inefficiency or misbehaviour ; or

(2)               on his written request ;

 

a Government employee shall not be transferred substantively t or, except in a case covered by rule 4.22, appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien had his lien not been suspended under rule 3.14.

(b)        Nothing contained in clause (a) above or in rule 2.35 shall operate to prevent the re-transfer of a Government employee to the post on which he would hold a lien, had it not been suspended in accordance with the provisions of clause (a) of rule 3.14.

Note 1. -          In cases covered by clause (a) (2) above the Government employee will have his initial pay fixed under rule 4.4 and, if necessary, under rule 4.10.

Note 2. -          Permanent transfer from a higher to a lower scale in anticipation of the abolition of a post is not transfer within the meaning of this rule.

Note 3. -          In cases in which it is desired to give to a Government employee an extension of service on the condition that he voluntarily agrees to accept a post in a lower grade, so as not to interfere with the legitimate expectations of his juniors to promotion; the only method is to create a temporary post.  Such a step can only be permitted under most exceptional circumstances.  It must be regarded as the normal course of events that an extension of service involves delay of promotion to juniors and no proposal for the creation of a temporary post to satisfy legitimate expectations will be considered unless it has been submitted to the competent authority before the extension of service is granted.

SUBSCRIPTION TO PROVIDENT FUNDS

3.18     A Government employee may be required to subscribe to a provident fund, a family pension fund or other similar fund in accordance with such rules as the competent authority may by order prescribe.

DATE OF RECKONING PAY AND ALLOWANCES

3.19     (1)        Subject to any exceptions specifically made in these rules, a Government employee commences or ceases to be entitled to the pay and allowances of a post with effect from the date he assumes or relinquishes charge of those duties in the forenoon of that date; otherwise from the following day.

Note. - This rule does not apply to cases in which it is the recognised practice to pay a Government employee at higher rate for more important duties performed during a part only of a day.

(2)        The date from which a person recruited overseas shall commence to draw pay on first appointment shall be determined by the general or special orders of the authority by whom he is appointed.

3.20     The pay of personnel recruited by Government overseas who receive free passages, other than 1st class passages, on their first appointment, should commence from the date of embarkation for India : Provided that pay for the period from the date of embarkation for India up to the date of joining their posts will be admissible only on the condition that they join their appointments without unnecessary delay.  The pay of personnel who receive first class passages should commence from the date of disembarkation in India: unless it is provided otherwise in his agreement or contract, or Government specially allow pay from any earlier date in any individual case.  When they are prevented from proceeding at once from the Port of disembarkation in India to take up their appointments, they should be granted leave not due under rule 8.119 (d), as the circumstances of the case may require.

Note. - The phrase “without unnecessary delay” occuring at the end of the first sentence of this rule should be interpreted with reference to the joining time rules.  This stipulation should be regarded as fulfilled if the officer reports for duty within the period allowed by the joining time rules with only one day (instead of six days) for preparation at the port of disembarkation and any excess over that number of days should be treated as “leave not due”.  The minimum of the officer’s time scale of pay (including overseas pay) or if there be no time scale but fixed pay, the fixed pay may be treated as his pay for the purpose of calculating half pay for the period of “leave not due”.

The phrase ‘without unnecessary delay’ should be taken as referring only to the delay on the part of the officer in reporting himself for duty (either at the headquarters of Government or at the actual place of duty, as the case may be) and not delay in actually taking up his duties thereafter.

3.21     Omitted.

CHARGE OF OFFICE

3.22     Except as provided in rules 3.23, 3.24 and 8.25 to 8.33, the charge of an office must be made over at its headquarters; both the relieving and relieved Government employees being present.

Note 1. -          Every relieving Government employee is responsible for informing the Government employee to be relieved, at the earliest possible moment of the date when he will be in a position to receive charge and it is the duty of the Government employee to be relieved to be in readiness to deliver charge on that date.

Note 2. -          When more than one day is occupied in making over charge, the last date should be entered in the Charge Report and an explanation should be submitted.

3.23     A competent authority may permit the provisions of rule 3.22 to be relaxed either as to the place of making over charge or the condition that both Government employees shall be present, or both :  Provided –

(a)                both Government employees must be present unless the transfer or assumption of charge does not involve the handing or taking over of securities or of moneys other than a permanent advance;

(b)               if the Government employee relieved departs before the arrival of his relief, his early departure shall not entail a correspondingly early transfer from another station of a Government employee to perform his duties ; and

(c)                if the Government employee relieving arrives or returns from leave after the departure of the Government employee relieved, the delay in his arrival or return shall not involve a corresponding delay in the transfer to another station of the Government employee who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

Explanation :   In deciding whether the absence of a Government employee involves the transfer of a Government employee from another station for the purpose of  the provisos (b) and (c0 of this rule, account should be taken only of the substitute who takes the place of the absent Government employee, not of all Government employees, in the chain of arrangements arising from one Government employee’s absence on leave.

Note 1. -          For rules regarding the prefixing and affixing of holidays and vacation to joining time and leave see rules 8.20 to 8.33.

Note 2. -          In cases involving transfer and charge of an office elsewhere than its headquarters, the exact nature of the reasons should be expressed on the face of the orders for the information of the Audit Officer.

3.24     On condition that the departing Government employee remains responsible for the moneys in his charge, a competent authority may declare that proviso (a) under rule 3.23 is not applicable to any particular case.

Note. -             The handing over of a permanent advance is not a transfer of money, but the Government employee going on leave continues to be responsible for the money till  the formal assumption of charge by his successor.

CONTINUOUS ABSENCE FROM DUTY

3.25     (1)        Unless the competent authority in view of the exceptional circumstances of the case, otherwise determines, no Government employee shall be granted leave of any kind for a continuous period exceeding five years.

(2)        Where a Government employee does not resume duty after remaining on leave for a continuous period of five years, or where a Government employee after the expiry of his leave remains absent from  duty, otherwise than on foreign service or on account of suspension, for any period which, together with the period of the leave granted to him, exceeds five years, he shall, unless, the competent authority, in view of the exceptional circumstances of the case, otherwise determine, be removed from service after following the procedure laid down in the Punjab Civil Services (Punishment and Appeal), Rules, 1970.

Note.               This rule does not relate to cases where a Government employee is restrained from resuming duty by an order placing him under suspension.   Sanction of the competent authority in terms of this rule in such a case is not, therefore, necessary.  It is essential, however, is the interests of Government as well as of the concerned officer that disciplinary proceeding against an officer under suspension should be expedited and final orders passed as soon as possible.

RETIREMENT

3.26     (a)        Except as provided in other clauses of this rule, the date of retirement of a Government employee other than a Class IV Government employee, is the date on which he attains the age of  *58 years[1].  He must not be retained in service after the age of retirement, except in exceptional circumstances with the sanction of competent authority on public grounds, which must be recorded in writing.

            (b)        A Government employee in Class IV should be required to retire at the age of 60.  He may not be retained in service after that age except with the sanction of competent authority.

            (c)        The following are special rules applicable to P.W.D. Officers :-

(1)               Except as otherwise provided in this clause Government employees in the Punjab Service of Engineers, Class I (B & R) and I.B.) must retire on reaching the age * 58 years, and may be required by the competent authority to retire on reaching the age of 50 years if they have not attained the rank of Superintending Engineer.

(2)               Subject to the requirements of this clause as to re-appointment, the competent authority may, in special circumstances, which should be recorded in writing, grant an extension of service, not exceeding three months to a Chief Engineer.

(3)               No Chief Engineer shall, without re-appointment, hold the post for more than five years, but re-appointments to the posts may be made as often, and in each case for such period not exceeding five years as the competent authority may decide :  Provided that the term of re-appointment shall not extend more than three months beyond the date on which the Government employee attains the age of *58.

            (d)        Notwithstanding anything contained in this rule a Government employee whose date of birth falls on any day of month other than the first of that month, shall on attaining the age of superannuation determined in accordance with the provision of clause (a), (b) or (c0 as the case may be, retire on the last day of that month, which will be a working day.

Explanation . -              A Government employee whose date of birth is the first of the month shall retires on the afternoon of  the last day of the proceeding month.

Note 1. -          Officiating service unless followed by confirmation without interruption in such service, does not count towards the period of five years mentioned in sub-clause (c) (3).  This period shall, however, include any period which the holder of the post may spend on deputation or special duty.

Note 2. -          Military Officers serving in Civil employ shall cease to be in such employ on reaching the age of 58 years.

Note 3. -          Clauses (a), (b) and (c) of this rule apply to all Government employees to whom these rules as a whole apply, whether they be holding temporary or permanent posts substantively or in an officiating capacity.  When a Government employee holding a permanent post substantively is officiating in another post, this rule should be applied according to the character of the post in which he is officiating and not according  to the character of the permanent post held substantively by him.

Note 4. -          The grant, under rule 8.21, of leave extending beyond the date on which a Government employee must retire, or beyond the date up to which a Government employee has been permitted to remain in service, shall not be treated as sanctioning an extension of service, for the purpose of pensionary or contributory provident fund benefit  or the retention of lien.  The Government employee shall become eligible, from the date of expiry of such leave, for all pensionary benefits as due to him on the date of retirement, or, if an extension of service is granted, on such other later date up to which his service is extended or on which he is actually relieved whichever is earlier.

Note 5. -          Regarding the day of attaining a specified age, see rule 2.5.

Note 6. -          This rule is applicable to re-employed personnel and the rules in Chapter VII of Volume II of these rules are subject to the conditions laid down in this rule.  Rule 7.17 of Volume II of these rules however, from the nature of its concession and conditions puts the re-employment of a person in receipt of a superannuation or retiring pension is a special class outside this rule and subject to the conditions stated in that rule itself which must be observed with every renewal of sanction.

ANNEXURE

(Referred to in Rule 3.1)

CANDIDATE’S STATEMENT AND DECLARATION

The candidate must make the statement required below prior to his Medical Examination and must sign the declaration appended there to.  His attention is specially directed to the warning contained in the Note below :-

1.

State your name (in full in block letters)

________________________________

2.

State your age and place of birth

________________________________

3.

(a)           Have you ever had small-pox, intermittent or any other fever, enlargement or suppuration of glands, spitting of blood, asthma, heart disease, lung disease, fainting attacks, rheumatism appendicitis ?

OR

________________________________

 

(b)           any other disease or accident requiring confinement to bed and medical or surgical treatment ?

________________________________

4.

When were you last vaccinated ?

________________________________

5.

Have you or any of your near relations been afflicted with consumption, scrofula, gout, asthma, fits, epilepsy, or insanity ?

________________________________

6.

Have you suffered from any form of nervousness due to overwork or any other cause ?

________________________________

 

7.

Have you been examined and declared unfit for Government service by a Medical Officer/ Medical Board, within the last three years ?

________________________________

 

 

8.

Furnish the following particulars concerning

your family :

Father’s age if living and state of health

Father’s age at death and cause of death

Number of brothers living, their ages and state of health.

Number of brothers dead, their ages at death and cause of death

 

 

 

 

 

 

 

 

 

Mother’s age if living and state of health

Mother’s age at death and cause of death

Number of sisters living, their ages and state of health.

Number of sisters dead, their ages at death and cause of death

 

 

 

 

 

 

 

 

 

 

9.

Please state whether you have deposited the Medical Examination Fee in the Government Treasury under head    “080-Medical-A-Allopally other receipts (2) Examination and License Fees.” according to the status of the post against which you have been appointed.  If so, state the amount and the Treasury receipt No. and date.

 

 

 

 

________________________________

            I declare all the above answers to be, to the best of my belief, true and correct.

            I also solemnly affirm that I have not received a disability certificate pension on account of any disease or other condition.

 

Candidate’s Signature_____________

Signed in my presence_____________

Signature of Medical Officer                

Note, - The candidate will be held responsible for the accuracy of the above statement.  By willfully suppressing any information he will incur the risk of losing the appointment and, if appointed, of forfeiting all claims to Superannuation allowance or gratuity.

CHAPTER IV – Pay

GENERAL

4.1       (1)        Subject to the rules contained in this chapter, a competent authority may fix the pay of a Government employee but his pay shall not be so increased as to exceed the pay sanctioned for his post without the sanction of the authority competent to create a post in the same cadre on a rate of pay equal to his pay when increased.

Note. - It is not the intention of this clause that it should give an authority power to grant less pay than or to grant pay in excess of what is permissible under rules 4.4 to 4.6.  But once an initial pay is fixed under rule 4.4, rule 4.10 enables an authority mentioned therein to grant advance increments.  Thus, in fact rules 4.4 and 4.10 read together, enable a competent authority to fix initial pay in excess of the amount permissible by rule 4.4 only.

(2)        Notwithstanding the restriction referred to in or imposed by clause (1) above, a competent authority may grant to any Government employee:

            (i)         personal pay as defined in clause (a) of rule 2.47, or

            (ii)        special pay as defined in rule 2.52 or

            (iii)       both personal pay and special pay.

Note 1. Special pay may be drawn by the Munshis in the Irrigation Branch of the Public Works Department.  When a Munshi is appointed to the post of Ahlmad in the Irrigation Branch.

… Rs.10 per mensem

Note 2. For list of other Government employees in receipt of special pay, see statement of Special Pays and Allowances published separately.

Note 3. – (a)    The following principles should be strictly observed for the grant of personal pay as defined in rule 2.47 :-

No application for the grant of compensatory personal pay should be entertained unless –

(i)         the Government employee’s service has consistently been of exceptional merit ;

(ii)        the Government employee is fit for promotion, but there is no normal avenue of promotion within his line, and

(i)                  the Government employee has been at least 5 years on the same pay, or if his pay is progressive, on the maximum pay of his post and that he must have put in 20 years of continuous Government service.

(b)        The mere fulfillment of the conditions mentioned above should not be regarded as securing a personal pay to a Government employee as a matter of course, the purpose of the conditions being to enable obviously weak claims to be summarily rejected.

(c)        Individual cases of Government employees who hold isolated posts which form a cadre by themselves in a particular office, will not be covered normally under this rule.

4.2       Omitted.

4.3       In respect of any period treated as duty under rule 2.16 (b), a Government employee may be granted such pay as the competent authority may consider equitable but in no case exceeding the pay which the Government employee would have drawn had he been on duty other than duty under rule 2.16 (b).

Explanation-1 - Civilian Government employee while undergoing training in the Army in India Reserve of Officers will draw the following rates of civil pay, in addition to their military pay and allowances:

(i)         When proceeding to carry out their training from their duty posts, the pay and allowances  they have drawn in their civil appointment but for the training, for the whole period of absence on such training inclusive of the time spent in transit to and fro;

(ii)        While on leave in India, Burma and Ceylon, the civil leave salary and allowances which they would have drawn but for the training; and

(iii)       When proceeding to carry out their training on the expiry leave out of India taken from their civil posts but before rejoining their civil posts for duty –

(a)                Joining time pay from the date of disembarkation in India to the date preceding that on which their military, training commences, and

(b)               full civil pay during the period of training and the period spent in journeying to the places of their training.

The period spent in training and on the journey to and from the place of training will be treated as duty for the purpose of civil leave and increments in civil pay.

Explanation 2: - A reservist of the Indian Armed Forces (excluding the reserves of Officers), in civil employ will, when called up for periodical military training, receive military pay and allowances.  He will also receive the excess, if any, of the civil pay over his military pay:    

Provided that this concession is specifically sanctioned by the competent authority.  Except, where the civil pay of the reservist is met from the Defence Estimates the extra expenditure involve will not constitute a charge against the Defence Estimates.

The period spent in training and the journey to and from the place of training will be treated as duty for purpose of civil leave, pension and increments of civil pay.

Note. - The expression “pay of his substantive appointment” and “pay equivalent to what he would have drawn had he been holding the officiating appointment” occurring in this rule, should be taken to mean “the pay which the Government employee drew in the post which he held substantively” and “the pay which the Government employee drew in the post in which he officiated” respectively.  In neither case is there any restriction on the kind of “pay” to be drawn, and the expression should, therefore, be held to include special pay, if any, which the Government employees drew in the post which he held substantively or in officiating capacity.

 

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[1] *For premature retirement see Premature Retirement Rules, 1975