FUNDAMENTAL RULES FRs




FUNDAMENTAL
RULES OF ANDHRA PRADESH GOVERNMENT
Extract
of F.R's.
FR.NoDescription
13Unless
his lien is suspended under Rule 14 or transferred under Rule 14-B, a
Government Servant holding substantively a permanent post retains a 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)(..............)
While on leave other than refused leave granted after the date of compulsory
retirement under Rule 86, or Rule 7of Andhra Pradesh Leave Rules, 1933; and
(e)while
under suspension.
23The
holder of a post, the pay of which is changed shall be treated as if he were
transferred to a new post on the new pay; provided that he may at his option
retain his old pay until the date on which has earned his next or any
subsequent, increment on the old scale, or until he vacates his post or
ceases to draw pay on that time scale. The option once exercised is final.
24An
increment shall ordinarily be drawn as a matter of course unless it is
withheld. An increment may be withheld from a Government servant by {the
State Government}, or by any authority to whom the State Government may
delegate this power if his conduct has not been good, or his work has not
been satisfactory. In ordering the withholding of an increment the
withholding authority shall state the period for which it is withheld, and
whether the postponement shall have the effect of postponing future increments.
Note
(1):-The authority competent to withhold increments from a Government servant
is the authority in which such power has been vested by under the Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.
Note
(2):- The procedure that should be followed for stoppage of increment of a
Government servant under the rule making control of the Government of Andhra
Pradesh is the procedure prescribed in the Andhra Pradesh Civil Services
(Classification, Control and Appeal) Rules, 1991.
28The
authority which orders the transfer of a Government servant as a penalty from
a higher to a lower grade or post may allow him to draw any Pay, not
exceeding the maximum of the lower grade or post, which it may think proper.
Provided that the pay allowed to be drawn by a Government servant under this
rule shall not exceed the pay, which he would have drawn by the operation of
Rule 22 read with clause (b) or clause (c), as the case may be, or Rule 26.
29 - IIf
a Government servant is reduced, as a measure of penalty, to a lower stage in
his time-scale, the authority ordering such reduction shall state the period
for which it shall be effective, and whether, on restoration, it viz., the
period of reduction, shall operate to postpone future increments, and, if so,
to what extent.
IIIf
a Government servant is reduced, as a measure of penalty, to lower service,
grade or post, or to a lower time scale, the authority ordering the reduction
may or may not specify the period or which the reduction shall be effective,
but where the period is specified, that authority shall also state whether,
on restoration, the period of reduction shall operate to postpone, future
increments, and, if so, to what extent.
29 - AWhere
an order of penalty of withholding of increment of a Government servant or
his reduction to a lower service, grade or post or to a lower time-scale, or
to a lower stage in a time-scale, is set aside or modified by a competent
authority on appeal or review, the pay of the Government servant shall,
notwithstanding anything contained in these rules, be regulated in the
following manner:
(a)If
the said order is set aside, he shall be given, for the period such order has
been in force, the difference between the pay to which he would have been
entitled had that order not been made and the pay he had actually drawn;
(b)If
the said order is modified, the pay shall be regulated as if the order as so
modified has been made in the first instance.
Explanation:
If
the pay drawn by a Government servant in respectof any period prior to the
issue of the orders of the competent authority under this rule is revised,
the leave salary and allowances (other than travelling allowance) if any,
admissible to him during that period shall be revised on the basis of the
revised pay.
45 - CFor
the purposes of Rule 45 -A, 45 -B ‘emoluments’means -
(i)Pay:
(i) -a‘dearness
pay’;
(ii)payments
from general revenues and fees, if such payments or fees are received in the
shape of a fixed addition to monthly pay and allowances as part of the
authorized remuneration of a post;
(iii)compensatory
allowances other than travelling allowance, uniform allowance, outfit
allowance, special outfit allowance, uniform grant, and grant for horse and
saddlery, whether drawn from the Consolidated Fund of India or of a State or
from a Local Fund;
(iv)Not
printed.
(v)pension,
other than a pension drawn under the provisions of Chapter XXXVIII, Civil
Service Regulations, or compensation received under the Workmen’s
Compensation Act, 1923, as subsequently amended;
Note:-
The amount of pension to be taken into account will be the amount originally
sanctioned i.e., before commutation, if any, and will also include the
pension equivalent of death-cum-retirement gratuity and other forms of
retirement benefits, if any e.g., Government’s contribution to a Contributory
Provident Fund, commuted value of pension, etc.,of any period prior to the
issue of the orders of the competent authority under this rule is revised,
the leave salary and allowances (other than travelling allowance) if any,
admissible to him during that period shall be revised on the basis of the
revised pay.
(vi)in
the case of a Government servant under suspension and in receipt of a
subsistence allowance, the amount of the subsistence allowance, provided
that, if such Government servant is subsequently allowed to draw pay for the
period of suspension, the difference between the rent recovered on the basis
of the subsistence allowance and the rent due on the basis of the emoluments
ultimately drawn shall be recovered from him. It does not include allowance
attached to the Indian Police Medal.
Note
1:- The emoluments of a Government servant paid at piecework rates shall be
determined in such manner as the State Government may prescribe.
Note
2:- The emoluments of an officer on leave mean the emoluments drawn by him
for the last complete calendar month of duty performed by him prior to his
departure on leave.
Note
3:- The Government of India have held that in cases in which a portion of the
pension has been commuted the term "pension” occurring in the rule means
the full sanctioned pension prior to commutation.
Note
4:- The percentage rate of Dearness allowance sanctioned from time to time
shall not be reckoned as emoluments. However, in respect of Government
servants who do not opt to the Revised Pay Scales, 1978 and remain in pre
1978 scales of pay, dearness allowance admissible at the rate which existed
as on 1-4-1978 appropriate to the basic pay in that scale shall be reckoned
as emoluments.
Note
5:- Family Pension granted to a Government servant shall not be reckoned as
emoluments for purposes of recovery of rent under this rule.
5252.
The pay and allowances of a Government servant who is dismissed or removed
from service cease from the date or such dismissal or removal.
53 - 1A
Government servant under suspension, or deemed to have been placed under
suspension by an order of the appointing authority shall be entitled to the
following payments, namely -
(i)Not
Printed.
(ii)In
the case of any other Government servant;
(a)A
subsistence allowance at an amount equal to the leave salary which the
Government servant would have drawn if he had been on leave on half average
pay or on half pay and in addition, dearness allowance, if admissible on the
basis of such leave salary; Provided that where the period of suspension
exceeds three months, the authority which made or is deemed to have made the
order of suspension shall be competent to vary the amount of subsistence
allowance for any period subsequent to the period of the first three months
as follows:
(i)The
amount of subsistence allowance may be increased by a suitable amount, not
exceeding fifty percent of the subsistence allowance admissible during the
period of first three months, if, in the opinion of the said authority, the
period of suspension has been prolonged for reasons to be recorded in
writing, not directly attributable to the Government servant.
(ii)the
amount of subsistence allowance may be reduced by a suitable amount not
exceeding fifty percent of the subsistence allowance admissible during the
period of the first [three months], if, in the opinion of the said authority
the period of suspension has been prolonged, due to reasons to be recorded in
writing directly attributable to the Government servant.
(iii)the
rate of dearness allowance will be based on the increased or, as the case may
be, the decreased amount of subsistence allowance admissible under clauses
(i) and (ii) above.
Note:-
Not printed.
(b)any
other compensatory allowances admissible from time to time on the basis of
pay of which the Government servant was in receipt on the date of suspension,
subject to the fulfillment of other conditions laid down for the drawal of
such allowances.
2No
payment under Sub-Rule (1) shall be made unless the Government servant
furnishes a certificate that he is not engaged in any other employment,
business, profession or vocation; Provided that where a penalty of dismissal,
removal, or compulsory retirement imposed upon a Government servant is set
aside and he is deemed to have been placed, or to continue to be under
suspension from the date of such dismissal or removal or compulsory
retirement, [under sub-rule (3) or sub-rule (4) of Rule 8 of the Andhra
Pradesh Civil Services (classification, Control and Appeal) Rules 1991] , and
he fails to produce such a certificate for any period or periods during which
he is deemed to be placed or to continue to be under suspension, shall be
entitled to the subsistence allowance and other period or periods as the case
may be fall short of the amount of subsistence allowance and other allowances
that would otherwise be admissible to him; where the subsistence allowance
and other allowances admissible to him are equal to or less than the amount
earned by him, nothing in this provision shall apply to him.
54 - 1When
a Government servant, who has been dismissed, removed or compulsorily retired
is reinstated as a result of appeal or review or would have been so
reinstated but for his retirement on superannuation [while under suspension
or not], the authority competent to order reinstatement shall consider and
make a specific order.
(a)regarding
the pay and allowances to be paid to the Government servant for the period of
his absence from duty including the period of suspension preceding his
dismissal, removal or compulsory retirement, as the case may be; and
(b)Whether
or not the said period shall be treated as period spent on duty.
2Where
the authority competent to order reinstatement is of opinion that the
Government Servant who had been dismissed, removed, or compulsorily retired,
has been fully exonerated, the Government servant shall, subject to the
provisions of sub-rule (6), be paid the full pay and allowances, to which he
would have been entitled, had he not been dismissed, removed or compulsorily
retired or suspended prior to such dismissal, removal or compulsory
retirement, as the case may be; Provided that where such authority is of
opinion that termination of the proceedings instituted against the Government
servant had been delayed due to reasons directly attributable to the
Government servant, it may after giving him an opportunity to make his
representation [within sixty days from the date on which the communication in
this regard is served on him] and after considering the representation, if
any, submitted by him, direct, for reasons to be recorded in writing that the
Government servant shall, subject to the provisions of sub-rule (7), be paid
for the period of such delay, [only such amount (not being the whole) of such
pay and allowances] as it may determine.
3In
a case falling under sub-rule (2), the period of absence from duty including
the period of suspension preceding dismissal, removal or compulsory
retirement, as the case may be, shall be treated as a period spent on duty
for all purposes.
4In
cases other than those covered by sub-rule (2) including cases where the
order of dismissal, removal or compulsory retirement from service is set
aside by the appelate or the reviewing authority solely on the ground of
non-compliance with the requirement of [clause (1) or clause (2) of Article
311 of the Constitution] and no further inquiry is proposed to be held the
Government servant shall, subject to the provisions of sub-rules (6) and (7),
be paid [such amount (not being the whole) of the pay and allowances] to
which he would have been entitled, had he not been dismissed, removed or
compulsorily retired or suspended prior to such dismissal, removal or
compulsory retirement, as the case may be, as the competent authority may
determine, after giving notice to the Government servant of the quantum
proposed and after considering the representation, if any, submitted by him
in that connection [within such period which in no case shall exceed sixty
days from the date on which the notice has been served as may be specified in
the notice] (.............)
5In
a case falling under Sub-rule (4), 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, unless the competent authority, specifically directs that it shall be
so treated for any specified purpose. Provided that if the Government servant
so desires such authority may direct that the period of absence from duty
including the period of suspension preceding his dismissal, removal or
compulsory retirement, as the case may be, shall be converted into leave of
any kind due and admissible to the Government servant. Note: The order of the
competent authority under the preceding proviso, shall be absolute and no
higher sanction shall be necessary for the grant of-
(a)Extra-ordinary
leave in excess of three months in case of non-permanent Government servant;
and
(b)leave
of any kind in excess of five years in the case of permanent or non-permanent
Government servant.
6The
payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to
all other conditions under which such allowances are admissible.
7[The
amount] determined under the proviso to sub-rule (2) or under sub-rule (4)
shall not be less than the subsistence allowance and other allowances
admissible under Rule 53.
8Any
payment made under this rule to a Government servant on his reinstatement
shall be subject to adjustment of the amount, if any, earned by him through
an employment during the period between the date of removal, dismissal or
compulsory retirement, as the case may be, and the date of reinstatement.
Where the emoluments admissible under this rule are equal to or less than the
amounts earned during the employment elsewhere, nothing shall be paid to the
Government servant.
54 - A 1Where
the dismissal, removal or compulsory retirement of a Government servant is
set aside by a court of law and such Government servant is reinstated without
holding any further inquiry, the period of absence from duty shall be
regularised and the Government servant shall be paid pay and allowances in
accordance with the provisions of sub-rule (2) and (3) subject to the
directions, if any, of the court.
2 - (i)Where
the dismissal, removal or compulsory retirement of a Government servant is
set aside by the court solely on the ground of non-compliance with the
requirements for [clause (1) or clause (2) of Article 311 of the
Constitution], and where he is not exonerated on merits, the Government
servant shall, subject to the provisions of sub-rule (7) of Rule 54, be paid
[such amount (not being the whole) of the pay and allowances] to which he
would have been entitled had he not been dismissed, removed or compulsorily
retired, or suspended prior to such dismissal, removal or compulsory
retirement, as the case may be, as the competent authority may determine,
after giving notice to the Government servant of the quantum proposed and
after considering the representation, if any, submitted by him, in that
connection within such period [which is no case shall exceed sixty days from
the date on which the notice has been served] as may be specified in the
notice:
(ii)The
period intervening between the date of dismissal, removal or compulsory
retirement including the period of suspension preceding such dismissal,
removal or compulsory retirement, as the case may be, and the date of
judgment of the court shall be regularized in accordance with the provisions
contained in sub-rule (5) of Rule 54.
3If
the dismissal, removal or compulsory retirement of a Government servant is
set aside by the court on the merits of the case, the period intervening
between the date of dismissal, removal or compulsory retirement including the
period of suspension preceding such dismissal, removal or compulsory
retirement, as the case may be, and the date of reinstatement shall be
treated as duty for all purposes and he shall be paid the full pay and
allowances for the period, to which he would have been entitled, had he not
been dismissed, removed or compulsorily retired or suspended prior to such
dismissal, removal or compulsory retirement, as the case may be.
4The
payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to
all other conditions under which such allowances are admissible.
5Any
payment made under this rule to a Government servant on his reinstatement
shall be subject to adjustment of the amount, if any, earned by him through
an employment during the period between the date of dismissal, removal or
compulsory retirement and the date of reinstatement. Where the emoluments
admissible under this rule are equal to or less than those earned during the
employment elsewhere, nothing shall be paid to the Government servant.
54 - B 1When
a Government servant who has been suspended is reinstated or would have been
so reinstated but for his retirement [.......] while under suspension, the
authority competent to order reinstatement shall consider and make a specific
order _ _ a) regarding the pay and allowances to be paid to the Government
servant for the period of suspension ending with reinstatement or the date of
his retirement [.....] as the case may be; and b) whether or not the said
period shall be treated as a period spent on duty.
2Notwithstanding
anything contained in rule 53, where a Government servant under suspension
dies before the disciplinary or court 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 and his family shall be paid the
full pay and allowances for that period to which he would have been entitled
had he not been suspended, subject to adjustment in respect of subsistence
allowance already paid.
3Where
the authority competent to order reinstatement is of the opinion that the
suspension was wholly unjustified, the Government servant shall subject to
the provisions of sub-rule (8), be paid the full pay and allowances to which
he would have been entitled, had he not been suspended: Provided that where
such authority is of the opinion that the termination of the proceedings
instituted against the Government servant had been delayed due to the reasons
directly attributable to the Government servant, it may , after giving him an
opportunity to make his representation [within sixty days from the date on
which the communication in this regard is served on him] and after
considering the representation, if any, submitted by him, direct, for reasons
to be recorded in writing, that the Government servant shall be paid for the
period of such delay [only such amount (not being the whole) of such pay and
allowances as it may determine.]
Note:-
For the purpose of sub-rules (2) and (3) above, full pay includes special pay
attached to the post which the Government servant was holding immediately
before the suspension.
4In
a case falling under sub-rule (3) the period of suspension shall be treated
as a period spent on duty for all purposes. proviso shall be absolute and no
higher sanction shall be necessary for the grant of—
(a)extraordinary
leave in excess of three months in case of a non-permanent Government
servant, and
(b)leave
of any kind in excess of five years in the case of permanent or non-
permanent Government servant.
8The
payment of allowances under sub-rule (2), sub-rule (3) of sub-rule (5) shall
be subject to all other conditions under which such allowances are
admissible.
9[The
amount] determined under the proviso to sub-rule (3) or under sub-rule (5)
shall not be less than the subsistence allowance and other allowances
admissible under rule 53.
55Leave
may not be granted to a Government servant under suspension.

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