MCSR (Joining Etc..)
MCSR (Joining Etc..)
MCSR (Joining Etc..)
3. Right to interpret
Government reserve to themselves the right of interpreting these rules.
4. Power of relaxation
Where Government is satisfied to that the operation of any of these rules causes or
is likely to cause undue hardship in the case of any Government servant or class of
Government servants from any provisions of these rules or may direct that such
provisions shall apply to such Government servants or class of Government servants
with such modifications not affecting the substance thereof as may be specified in
such order.
5. Validity of terms of contract
The terms of a specific contract enforceable at law necessarily override the
provisions of these rules.
6. Regulation of claims to pay, allowances, leave and pension
A Government servant's claim to pay and allowances is regulated by the rules in
force at the time in respect of which the pay and allowances are earned; to leave by
the rules in force at the time the leave is applied for and granted; and to pension by
the rules in force at the time when the Government servant retires or is discharged
from the service of Government:
Provided that, if during his service, changes disadvantageous to him are introduced
in the rules, to which he became subject on entry into the service of Government, his
pension shall not be less than that which would have been admissible but for the
introduction of such changes.
7. Exercise and delegation of powers under these rules
No powers any be exercised or delegated under these rules except after consultation
with the Finance Department. It shall be open to that Department to prescribe, by
general or special order, cases in which its consent may be presumed to have been
given.
Note - For powers delegated under these rules, see Appendix I.
8. Reasons for concession to be communicated to Audit Officer
When competent authority, other then Government, communicates to the Audit
officer an order granting any concessions under these rules to any Government
servant in cases in which it is prescribed that the reasons therefor should be
recorded, he should at the same time forward to him a copy of his reasons.
(The definition given below are reproduced from Chapter II of the Maharashtra
Civil Services (General Conditions of Services) Rules-1981, and are only those
definitions which are relevant for the purpose of the subject matter contained in this
set of rules.)
6) Unless the context otherwise requires, the terms defined in this Chapter are used
in the various sets of Maharashtra Civil Services Rules, in the sense here explained:7) Audit Officer means and audit Officer, appointed by the Comptroller and Auditor
General of India whatever his official designation,in whose circle of audit a public
servant is serving, or (in respect to verification of services) has served.
8) Compensatory allowance means an allowance granted to meet personal
expenditure necessitated by the special circumstances in which duty is performed. It
includes different types of travelling allowances
9) Competent Authority, in relation to the exercise of any power, means
Government, or any authority to which the power is delegated by or under these
rules.
10) Consolidated Fund of India or the State All revenues received by the
Government of India, all loans raised by that Government by the issue of treasury
bills, loans or ways and means advances and all moneys revceived by that
Government in repayment of loans shall from one consolidated fund to be entitled "
the Consolidated Fund of India " Similarly all revenues received by the Government
of a State, all loans raised by that Government by the issue of treasury bills, loans or
ways and means advances and all moneys received by that Government in
repayment of loans shall from one consolidated fund it be entitled "the Consolidated
Fund of the State."
12) Date of first appointment means the date the Government servant assumes
the duties of his first post in Government service, or, if this be earlier,the date of his
assumption of and duty which is treated, as service counting for pension.
16) Family means a Government servant's wife or husband, as the case may be
residing with the Government and legitimate children and step-children residing with
and wholly dependent upon the Government servant. It includes, in addition,
parents, sisters and minor brothers if residing with and wholly dependent upon the
Government servant.
Note1:- Not more than one wife is included in the term "family" for the purpose of
these rules.
Note 2:-An adopted child shall be considered to be a legitimate child if, under the
personal law of the Government servant, adoption is legally recognized as conferring
on it the status of a natural child.
18) First appointment means the appointment of a person who is not holding any
appointment under Government, even though he may have previously held such an
appointment.
19) Foreign service means service in which a Government servant receives his pay
with the sanction of Government from any source other than the Consolidated Fund
of India or of a State, or of a Union Territory.
20) A Gazetted Government servant is one who is a member of an All India or
State Services or a person appointed in accordance with the terms of a contract or
agreement and whose appointment is Gazetted by Government. Members of
Subordinate Civil Services, whose appointments are Gazetted by Heads if
Departments are Non-Gazetted Government. Notifications investing Government
servants with powers under different Acts, in order that the Courts may take judicial
cognizance of them, do not constitute the persons invested with such powers as
Gazetted Government servants within the meaning of this sub-rule.
Exception:- Officer whose appointment to Class-II services or posts are made by
the Heads of Departments of Heads of Offices subordinate to them and are not
published in the Gazette should be treated as Gazetted Government servants.
21) Government unless there is anything repugnant in the subject or context, as
respects anything done or to be done after the commencement of the Constitution,
shall mean the Governor of Maharashtra.
22) Heads of Departments. This term includes the officers mentioned in Appendix
II in Maharashtra Civil Services (General Conditions of Services) Rules, 1981 and any
others whom Government may from time to time declare to be Head of Departmens.
23) Holiday means a) a holiday prescribed or notified by or under section 25 of the Negotiable
Instruments Act,1881 : and
b) in relation to a any particular office, a day on which such office is ordered by
Government, or by a duly constituted authority, by notification in the Gazette or
otherwise, to be closed for the transaction of Government business without reserve
or qualification.
27) Joining time means the time allowed to a Government servant to join a new
post or to travel to or from a station to which he is posted.
28) Leave means permission to remain absent from duty granted by a competent
authority under the Maharashtra Civil Services (Leave) Rules, 1981.
29) Leave-salary means the monthly amount paid by Government to a
Government servant on leave.
30) Lien mean the title of a Government servant to hold substantively, either
immediately or on the termination of a period or periods of absence, a permanent
post, including a tenure post, to which he has been appointed substantively.
36) Pay means the amount drawn monthly by a Government servant as -
i) the pay (including special dearness pay) which has been sanctioned for a post held
by him substantively or in an officiating capacity, or to which he is entitled by reason
of his position in a cadre; and
ii) personal pay, and special pay ; and
iii) any other emoluments which may be specially classed as pay by Government.
39) Personable service means service, which qualifies the Government servant
performing it to receive a pension from the Consolidated Fund.
40) Permanent post means a post carrying a definite rate of pay sanctioned
without limit of time.
48) Special pay means an addition, of the nature of pay, to the emoluments of a
post or of a Government servant granted in consideration ofa) the specially arduous nature of the duties;
b) a specific addition to the work or responsibility.
50) Subsistence allowance means a monthly grant made to a Government
servant who is not in receipt of pay or leave salary.
51) Substantive pay means the pay other than special pay, personal pay or
emoluments classed as pay by Government under sub-rule 36(iii) to which a
Government servant is entitled on account of a post to which he has been appointed
substantively or by reasons of his substantive position in a cadre.
53) Temporary post means a post carrying a definite rate of pay sanctioned for a
limited time.
Note - Substantive appointments to temporary posts should be made in a limited
number of cases only, as for example, when posts are, to all intents and
purposes.quasi-permanent or when they have been sanctioned for a period of not
less than or there is reason to believe that they will not terminate within a period of
three years. In all other cases, appointments in temporary posts should be made in
an officiating capacity only.
Instruction: - The benefit of substantive to temporary posts contemplated in the
above note should not be allowed to be enjoyed by more than one person
simultaneously. Therefore, a Government servant has already been appointed
substantively to a temporary post and there is a interruption in his tenure of the
post, it would not be proper to appoint another Government servant substantively to
the post during such temporary interruption. For this purpose, interruptions which
are likely to last for less than 3 years may be treated as temporary. It follows
therefore, that where a Government servant is already appointed substantively to a
temporary post, a second Government servant should not be appointed substantively
to it unless the previous holder of the post has been transferred from it permanently
or unless he has been transferred temporarily and there is reason to believe that he
will remain absent from the post for a period of not less than there years.
56) Transfer means the movement of a Government servant from one headquarter
station in which he is employed to another such station, eithera) to take up the duties of a new post; or
b) in consequence of a change of his headquarters.
57) Transit time means the actual time required to reach the destination of tour
from the headquarters or from one outstation to another outstation by ordinary
mode of travel.
(a) the appointment to a post in a new office does not involve a change of residence
from one station to another or
(b) there is an actual change of office in the same station.
(3) A holiday or Sunday counts as a day for the purpose of this rule
Note 1. - The offices of Collectors and Assistant/Deputy Collectors are distinct offices
for the purpose of this rule.
Note 2. - Where different/Departments of Government are situated in one and the
same building and where is a chain of transfers of Government servants working in
the offices/Departments of the same building, a joining time of not more than one
day may be allowed. This benefit will not be admissible where is isolated transfer of a
Government servant form one office to another situated in the same building.
13. Joining time to join another Government servant on tour
When a Government servant is transferred without change of headquarters and at
the same time obliged to join another Government servant on tour, the time for his
journey out to camp calculated in the manner laid down in rule 15 may be allowed in
addition to the day admissible under rule 12.
14. Extension of joining time when holidays follow-joining time
When one or more holidays follow joining time the normal joining time may be
deemed to have been extended to cover such holidays.
15. How joining time is calculated
(1) The joining time of a Government servant in cases involving a transfer from one
station to another is subject to a maximum of 30 days. seven day including Sunday
and holiday are allowed for preparation and in addition a period to cover the actual
journey calculated as follows :(a) One day for journeys on transfer to a place within the same district or in an
adjoining district (i.e. a district having a common border at any point);
(b) Two day for journeys on transfer to a place other than those mentioned in clause
(a) above.
(2) When a Government servant is required to join a new post without availing of the
full joining time, the number of days of joining time as admissible under sub-rule
(1), subject to a maximum of 10 days, reduced by the number of days actually
availed of, shall be credited to his leave account as earned leave.
Note.- Sunday does not count as a day for the purpose of calculating the days of
actual journey but a holiday shall be included therein. However, Sundays are
included in the maximum period of 30 days.
(1) In cases in which the charge to be transferred consists of several stores and/or
scattered works which the relieving and the relieved Government servants are
required for completing the transfer of charge.
(2) The Maintenance Surveyors of the Land Records Department, who are in charge
of more than one City Survey Office at different places with headquarters at one of
these places, are entitled to the concessions granted under the above sub-rule.
26. Extension of joining by Government
Government may in any case extend the joining time admissible under these rules.
27. Circumstances in which joining time can be extended by a competent
authority
With the prescribed maximum of 30 days, a competent authority may, on such
conditions as it thinks fit, grant to a Government servant a longer period of joining
time than is admissible under the rules in the following circumstances.:(a) When the Government servant has been unable to use the ordinary mode of
travelling or, notwithstanding due diligence on his part, has spent more time on the
journey than is allowed by the rules; or
(b) When such extension is considered necessary for the public convenience or for
the saving of such public expenditure as is caused by unnecessary or purely formal
transfer ;or
(c) When the rules have in any particular case operated harshly, as for example
when a Government servant has, through no fault on his part, missed a steamer or
has fallen sick while on the journey.
28) Joining time not admissible when transferred at own request
If a Government servant is transferred at his own request, he will not be entitled to
any joining time. The competent authority in the former Department may grant, at
its discretion, leave due and admissible to him, for the period from handing over
charge at the old station to taking over at the other, if Government servant applies
for it.
29. Overstayal
A Government servant who does not his post within his joining time is entitled to no
pay or leave salary after the end of the joining time. Willful absence from duty after
the expiry of joining time may be treated as misbehavior for the purpose of rule 27
of Maharashtra Civil Services (General Conditions of Services) Rules, 1981.
30. Pay during joining time
A Government servant on joining time shall be regulated as on duty and shall be
entitled to be paid as follows:-
a) where joining time is granted under sub-rule (1) of rule 10, the pay which he
would have drawn, if he had continued in the old post:;
b) where the joining time is granted under sub-rule (2) of rule 10, pay equal to the
leave salary which the Government servant would have drawn had he been on
earned leave:Provided that i) a Government servant on transfer shall not be entitled to any pay for the period of
joinijng time unless his transfer is in the interest of public service.
ii) No joining time pay shall be granted to a Government servant who does not hold
a permenent post under any Government in a substantive capacity, when he is
appointed to a new post on the results of a competitive excamination or interview
which is open to both Government servants and others.
31. Joining time while joining a post under another Government.
When a Government servant under the administrative control of the Government of
Maharashtra,is transferred to the control of another Government, his joining time for
the journey to join his post under that Government and for the return journey shall
be governed by the rules made by that Government .
32. Audit officer to move the Head of Department for report to Government
 to Government about concession made under rule 27.
The Audit Officer shall move the Head of Department concerned to report to
Government any concession made under rule 278 which appears to him contrary to
the spirit of the rule. The latter officer may not finally overrule the Audit Officer
without a reference to Government.
ending after that date should be treated as fresh transfer and dealt with under these
rules.
35. Transfer to foreign service when not admissible.
A transfer to foreign service is not admissible unless:a) the duties to be performed after the transfer are such as should, for public
reasons, be rendered by a Government servant, and
b) the Government servant whether permanent or temporary to be transferred
holds, at the time of transfer, a post paid from the Consolidated Fund of the State.
36. Transfer to foreign service not permissible without consent.
1) No Government servant may be transferred to foreign service against his will:
Provided that, in so far as the transfer of a Government servant on foreign service to
a Zilla Parishad under the provisions of section 253-B of the Maharashtra Zilla
Parishads and Panchayat Samitis Act-1961 (as amended from time to time) is
concerned, his transfer on foreign service shall be regulated in accordance with the
provisions of that section.:
Provided further that this sub-rule shall not apply to the transfer of a Government
servant recruited in service on or after 30th July 1977, to the service of a body
incorporated or not, which is wholly or substantially owned or controlled by
Government.
@) Subject to the provisions of rule 39, a transfer to foreign service may be
sanctioned by a competent authority on the terms and conditions mentioned in rule
40..
37. Transfer to foreign service while on leave.
If a Government servant is transferred to Foreign Service while on leave, he ceases
from the date of such transfer to be on leave and to draw leave salary.
38. Date from which pay drawn from foreign employer
A Government servant in Foreign Service will draw pay from the foreign employer
from the date he relinquishes charge of his post in Government service. Subject to
the provisions of rule 39, the amount of his pay, the period of joining time admissible
to him, and his pay during such joining time, will be fixed by the authority
sanctioning the transfer in consultation with the foreign employer.
39. Principles regulating remuneration in foreign service.
The amount of remuneration to be granted to a Government servant transferred to
foreign service in India should be regulated by the following principles:-
retirement should be treated as "private employment" for the purpose of rule 37 i.e.
a Government servant who has reached or is approaching the age of superanuation,
notwithstanding his employment under a foreign employer, should be allowed to take
leave which would be admissible to him , had he not accepted such employment, and
pension contribution should not be recovered. The concession should not be granted
to Government servants who are already in foreign service and propose to continue
on duty in the service of the same employer during leave preparatory to retirement.
It shall not also be granted to Government servants who retire before reaching the
age of superannuation, if they take such leave after being offered, or having made
arrangements for employment in foreign service. In such cases they should be
required either to retire or to go on foreign service terms.
2) A Government servant, who is already on foreign service in or out of India
Under a body corporate owned or controlled by Government, applies for leave
preparatory to retirement will not be permitted to continue in employment under the
foreign employer while on leave preparatory to retirement. Non-eligibility for leave
preparatory to retirement as a result of continuance in service under the foreign
employer will not be treated as refusal of leave for the purposes of rule 67 of
Maharashtra Civil Services (Leave) Rules, 1981. If he is allowed to continue in
employ of the foreign organisation after the date of superannuation, he will be
treated purely as on private employment.
42. Continuance of Foreign Service after retirement
When any Government servant lent on Foreign Service retires from Government
service but continues in the service of his foreign employer, the Audit Officer shall
communicate to the foreign employer, through the usual authorities, a statement
showing the date of retirement and the amount of pension drawn from the
Government so as to give the foreign employer the opportunity, if the be so inclined,
of revising the existing terms of the employment.
43. Conditions under which the services of Civil Surgeons are available to a
Gazetted Government Servant while in foreign service.
A Gazetted Government servant in foreign service is entitled to the services of the
Civil Surgeon of the District in or near which he is employeda) if no Medical Officer is provided by the foreign employer, or
b) if the medical attendant provided by the foreign employer is not of Gazetted rank.
44. Government servant primarily responsible for payment of pension and
leave-salary contributions
1) While a Government servant is in foreign service contribution towards the cost of
his pension must be paid to the Consolidated Fund of the State on his behalf.
2) If the foreign service is in India, contributions must be paid on account of the cost
of leave-salary also.
3) Contributions due under sub-rule (1) and (2) above, shall be paid by Government
servant himself unless the foreign employer consents to pay them. They shall not be
payable during leave taken while in foreign service.
4) By special arrangement made under rule 58, contributions on account of leavesalary may be required in the case of foreign service out of India also, the
contributions being paid by the foreign employer
5) When an officer of the Maharashtra Police Service is deputed to foreign service,
contributions towards uniform and charger grants should also be recovered from the
foreign employer at the rates prescribed by Government from time to time. These
contributions are payable during leave also.
Note 1. - Throughout this chapter, pension includes Government contribution, if any
payable to a Government servants credit in a contributory provident fund.
Note 2.- A Government servant in foreign service shall be held to have lost his lien in
Government service from the date on which the post held by him in Government
service is abolished, and no contribution shall be received after that date. He shall be
regarded as having retired from Government service from that date, and he shall
thereafter be permitted to draw the Compensation pension to which he is entitled in
addition to the pay which he receives at the time from his foreign employer.
45. Rates of pension and leave salary conditions
(1) Contributions on account of pension and leave-salary should be calculated at the
rates and by the method prescribed in appendix IV.
(2) In return for the contributions Government accept the liability for the pension,
and, if the foreign service is in India, the leave-salary of the Government servant.
Note.- Pension contribution in respect of Forest subordinates lent to the Defense
Authorities to take charge of Cantonment Forests should be recovered under this
rule.
46. Remission of contributions in certain cases
Government may remit the contributions due in any specified case or class of cases.
Note. - The following classes of Government servants are exempted are from the
payment of contribution, and their leave-salaries and pensions are calculated
according to the rules applicable to Government servants :(i) Medical officers lent to charitable dispensaries or hospitals in India
(ii) The Municipal Commissioner for Greater Mumbai.
47. Contributions not be withheld
order to revive his claim, the Government servant must at once pay the amount due
and represent his case to Government who will finally deal with it.
52. Date from which pay and contribution cease to be paid on reversion
from foreign service
When a Government servant reverts from foreign service to Government service, his
pay will cease to be paid by the foreign employer, and his contributions will be
discontinued with effect from the date of reversion.
53. Remission of contribution in respect of vaccinators.
Recovery of contribution is remitted in the case of vaccinators who have been
declared to be pensionable servants of Government and are employed in
cantonments or under municipalities or paid from Local Funds.
54. Reversion/re-call from foreign service
A Government servant in foreign service will be entitled to revert six months after he
has given notice to Government of his wish to revert, but a competent authority may
allow him to revert sooner; provided that this rule shall not apply to a Government
servant transferred to foreign service under the first proviso to sub-rule (1) of rule
36. A Government servant in Foreign Service is liable to be recalled by a competent
authority at any time.
55. Date from which reversion from Foreign Service is effective.
A Government servant reverts from foreign service to Government service, on the
date on which he takes charge of his post in Government service provided that, if he
takes leave preparatory to retirement on the conclusion of foreign service, his
reversion shall take effect from the date on which he proceeds on leave.
Note:- If a Government servant on foreign service applies for leave preparatory to
retirement, the foreign employer is not the competent authority to sanction or refuse
the leave.
56. Personal responsibility of a Government servant for accepting leave or
Leave-salary while on foreign service.
1. A Government servant in foreign service is personally responsible for the
observance of the provisions of rule 58. By accepting leave to which he is not
entitled under these rules he renders himself liable to refund the leave-salary
irregularly drawn, and, in the event of his refusing to refund the period for which he
has irregularly drawn leave -salary will not be counted either for leave or pension.
2. When it comes to the notice of the Audit Officer that a Government servant in
foreign service has accepted leave to which he was not entitled under these rules, he
shall require the leave so granted to be commuted into leave for which the
Government servant is eligible under the rules, and call upon him to refund any
leave salary drawn in excess if the amount admissible.
c) Government may reduce the amount of recoveries or may entirely forego them..
Note 1. The term " gross sanctioned cost of the service" used in clause (a) means
the average cost of the establisment in the absence of any specific orders to the
contrary.
3. The recoveries on account of pension contribution should not be effected in the
case of temporary establishments entertained under this rule when the persons have
not been transferred from Government service but are outsiders temporarily
appointed. Cases in which the temporary service eventually becomes pensionable
should be met by recovering contributions in arrears under proper authority.
4. The words " its cost" in line 2 of this rule refer to " an addition" in line 1 of this
rule. The underlying intention of the rule is to cover the cost of the additional
establishment sanctioned. Contributions for leave-salary and pension leviable under
clause (b) of this rule should, therefore, be based on the rates of pay, old and/or
revised, as the case may be, on which that establishment is actually sanctioned.
5. (a) (i) In order to work out a fixed amount for purpose of effecting recoveries
under this rule, house rent allowance should be calculated at the maximum rate on
the average cost of the establishment : and
(ii) Compensatory allowance and house rent allowance drawn during the period of
leave should also be included for purposes of recvovery under this rule.
(c) The addition to be made to the 'Pay' element of the gross sanctioned cost of the
establishment under this rule on account of dearness allowance should be woriked
out on the basis of rates applicable in each case.
CHAPTER V-SUSPENSION, DISMISSAL AND REMOVAL
66. Pay and allowances cease from the date of dismissal or removal
The pay and allowances of Government servant, who is dismissed or removed from
service, cease from the date of such dismissal or removal.
67. Grant of leave not permissible during suspension
Leave may not be granted to a Government servant under suspension.
68. Subsistence allowance and compensatory allowance during suspension
1. A Government servant under suspension or deemed to have been p[laced under
suspension by an order of the appointing authority shall be entitled to the following
payments, namely: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 pay and, in
addition dearness allowance based on such leave salary:
Provided that where the period of suspension exceeds six 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 first six months as follows:i) It may be increased by a suitable amount, not exceeding fifty per cent of the
subsistence allowance admissible during the period of first six 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) It may be reduced by a suitable amount, not exceeding fifty per cent of the
subsitence allowance admissible during the period of the first six 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 sub-clause (i)
and (ii)
b. Other compensatory allowance, if any, of which the Government servant was in
receipt of suspension to such extent and subject to such conditions as the authority
suspending the Government servant may direct.
Provided that the Government servant shall not be entitled to the compensatory
allowance unless the said authority is satisfied that the Government servant
continues to meet the expenditure for which they are granted.
2. When a Government servant is convicted by competent Court and sentenced to
imprisonment, the subsistence allowance shall be reduced to a nominal amount of
rupee one per month with effect from the date of such conviction and he shall
continue to draw the same till the date of his removal or dismissal or re-instatement
by the competent authority. If, however,, he was acquitted by the Appellate Court in
the meanwhile, in which case, he will draw the subsistence allowance at the normal
rate from the date of acquitted by the Appellate Court.
69. Recovery of Government dues from subsistence allowances and
furnishing of non-employment certificate while under suspension.
1. Notwithstanding anything contained in sub-rule (1) of rule 68, the authority
suspending the Government servant may withhold the payment of dearness
allowance and /or compensatory allowances to the Government servant under
suspension and appropriate the same towards the payment of any amount which
may be due to Government.
2. The following provisions apply to the recovery of dues from the subsistence
allowance proper:a) Compulsory deduction :- The following deductions should be enforced from the
subsistence allowance:
5. Icemen occupying rent-free quarters in Police lines or living in quarters the rent of
which is paid by Government may be permitted to occupy them during the period of
suspension just as they did while on duty.
6. The compensatory local allowance and house rent allowance sanctioned at the
discretion of the suspending authority under rule 68(1)(b), can be drawn only if the
Government under suspension certificate that he or his family or both resided for the
period for which the allowance is claimed at the station where he was on duty at the
time of suspension.
7. Government servants other than those referred to in sub-rule (5) occupying rentfree quarters prior to being placed under suspension, may at the discretion of the
suspending authority, be allowed to occupy them to such extent and subject to such
conditions as the authority suspending the Government servant may direct.
70. Regularization of pay and allowances and the period of absence from
duty where dismissal, removal or compulsory retirement is set aside as a
result of appeal or review and such Government servant is re-instated.
1. When a Government servant who has been dismissed, removed or compulsorilly
retired is re-instated 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 re-instatement shall consider and make a specific
ordera) 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 a period spends on duty.
2. Where the authority competent to order re-instatement 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 the termination of the
proceedings instituted against the Government servant had been delayed due to
reasons directly attributable to the Government servant, it many, 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.
3. In 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.
4. In a 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
appellate or reviewing authority solely on the ground of non-compliance with the
requirements of 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 subrules (6) and (7) ,be paid such proportion of 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, 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.
Provided that payment under this sub-rule to a Government servant (other than
Government who is governed by the provisions of the Payment of Wages Act, 1936
(4 of 1936) shall be restricted to a period of three years immediately preceding the
date on which orders for reinstatement of such Government servant are passed by
the appellate authority or reviewing authority, or immediately preceding the date of
retirement on superannuation of such Government servant, as the case may be.
5. In 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 competent authority under the preceding proviso shall be
absolute and no higher sanction shall be necessary for the grant of a) extraordinary leave in excess of three months in the case of a temporary
Government servant; and
b) leave of any kind in excess of five years in the case of a permanent Government
servant.
6. The payment of allowance 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 68.
8. Any 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. Where the pay and allowances 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.
71 Regularisation of pay and allowances and the period of absence from
duty where dismissal, removal or compulsory retirement is set aside by a
Court of law and such Government servant is reinstated.
1. Where the dismissal, removal or compulsory retirement of a Government
servant is set aside by a Court of law and such Government 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) or (3) subject to the directions if any, of the Court.
2. (a) 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 of 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 70 be paid such amount (not being the whole) of the pay and
allowances to which he would have been entitled had he 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:
Provided that any payment under this sub-rule to a Government servant (other than
a Government servant who is governed by the provisions of the Payment of Wages
Act 1936 (4 of 1936) shall be restricted to a period of three years immediately
preceding the date on which judgement of the Court was passed or the date of
retirement on superannuation of such Government servant as the case may be.
b) period intervening 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 judgement of the Court shall be
regularized in accordance with the provisions contained in sub-rule(5) of rule-70.
3. If the dismissal, removal or compulsory retirement of a Govern 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 of re-instatement shall be treated as duty for all purposes and 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.
4. The payment of allowances under sub-rule(2) or sub-rule(3) shall be subject to all
other conditions under which such allowances are admissible.
5. Any payment made under this rule to a Government servant on his re-instatement
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 date of reinstatement. Where the pay and allowances admissible
under this rule are equal to or less than those earned during the employment
elsewhere, nothing shall be paid to the Government servant.
72 Re-instatement of a Government servant after suspension and specific
order of the competent authority regarding pay and allowances etc. and
treatment of period as spent on duty.
1. When a Government servant who has been suspended is reinstated or would have
so reinstated but for his retirement on superannuation while under suspension, the
authority competent to order re-instatement 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 re-instatement or the date of his retirement on
superannuation, as the case may be; and
b) whether or not the said period shall be treated as a period spent on duty.
2. Notwithstanding anything contained in rule 68, 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
suspended, subject to adjustment in respect of subsistence allowance already paid.
3. Where the authority competent to order re-instatement is of the opinion that the
suspension was wholly unjsutified, 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
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 serv ed on him and after considering the
representation, if any, submitted by him, direct, for reasons to recorded in writing,
that the Government servant shall be paid of such delay only such amount (not
being the whole ) of such pay and allowances as it may determine.
4. In a case falling under sub-rule (3) the period of suspension shall be treated as a
period spent on duty for all purposes.
5. In cases other than those falling under sub-rules(2) and (3) the Government
servant shall, subject to the provisions of sub-rules (8) and (9), be paid such amount
( not being the whole ) of the pay and allowances to which he would have been
entitled had he not been suspended, 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, as may be specified in the notice.
should be held and completed as quickly as possible and that in any case the period
should not exceed three months from the date a decision has been taken to hold a
departmental enquiry. If for any reasons the enquiry is likely to take longer time, the
Enquiry Officer, unless he is himself the Head of Department should submit a report
to the Head of his Department giving reasons for the delay and the latter should
obtain the sanction of Government for allowing the Enquiry Officer an extension of
time to complete his enquiry if he is satisfied that there is a case for such extension.
In case the Enquiry Officer is himself the Head of Department, he should report the
reasons for delay, if any, to Government and obtain an extension of time for
completing enquiry.
Note 3. - It is necessary to obtain the approval of Government to the payment of
pay and allowances in cases where reinstatement is ordered by setting aside the
order of dismissal/removal on the ground that it was passed by an authority
subordinate to the appointing authority or was so passed without giving reasonable
opportunity to show cause in respect of such order. In all such cases a report
explaining why the proper procedure was not observed should invariably be sent to
Government to enable it to decide whether the loss caused to Government should be
recovered from the official(s) concerned in proportion to his/her/their responsibility.
Instruction:- This rule is not applicable to those cases in which the period of
absence from duty, either by way of suspension or by way of the period spent out of
service, is treated as leave due and admissible.
74. Adjustment of subsistence allowance against final payment
The amount of subsistence allowance, if any, already drawn is to be deducted from
the pay and allowances or proportion of them which may be granted under 70, 71, or
72 as the case may be.
75. Filling in vacant posts substantively due to reduction, removal or
dismissal, after one year.
Posts vacated by Government servants, removed or dismissed from service, may be
filled substantively only after the expiry of the period of one year from the date of
such reduction, removal, or dismissal, as the case may be, subject to the condition
that the arrangements thus made will be reversed if such Government servants are
re-instated on appeal.
76. Grant of pay and allowances on reinstatement does not cancel
officiating arrangements.
The grant of pay and allowances or a proportion of them under rules 70, 71 o 72
does not cancel any acting arrangements which may have been in force during the
period of a Government servant's suspension, removal, dismissal or reduction.
Note:- Cases where Governments are re-instated when the order of
dismissal/removal is set aside for the reason that it was passed by an authority not
competent to pass such an order or was so passed without giving a reasonable
opportunity to show cause in respect of such order, will be covered by this rule.
APPENDIX-I
Authorities to whom powers under Maharashtra Civil Services (Joining Time,
Foreign Service and Payments during Suspension, Dismissal and Removal)
Rules, 1981 have been delegated by Government.
Serial
No.
Number
of Rule
Nature of power
.
1
27
36(2)
Power to transfer to
foreign service within
the State.
Authority to
whom the
power is
delegated.
Head of
Departments
i)Administrative
Department of
the Mantralaya.
Scope
In the case of
all Government
servants other
than members
of the All-India
Services under
their control.
In respect of
Gazetted
Government
servants in
consultation
with General
Administration
Department on
the standard
terms and
conditions
mentioned in
Appendix-II..
In respect of
Non-Gazetted
Government
servants under
their
administrative
control on the
standard terms
and conditions
mentioned in
Appendix-II.
54
ii) Heads of
Departments.
i) Administrative
Department of
the Mantralaya.
In the case of
Government
servants
transferred by
them to foreign
service under
the powers
delegated to
them under
rule 36(2).
-Do-
ii) Heads of
Departments.
APPNDIX-II
(See rule 40)
Standard terms and conditions of transfer of Government servants to
foreign service.
Note:- Wherever the "Government servant" occurs in these terms, the name of the
Government servant should be mentioned while applying these terms.
The following are the standard terms and conditions of transfer of Government
servants to foreign service, including statutory Corporations, autonomous bodies. No
departure from the prescribed terms and conditions shall be permissible.
1. Period of Deputation :The foreign service shall commence from the date the Government servant hands
over charge of the post and will expire on the date the he resumes charge of his post
under Government. The Government servant shall be on deputation for a period of
..(State the period) years in the first instance provided that :i) Government/competent authority reserves the right to recall him any time
before expiry of the deputation , if his services are required by Government in
the interest of public service;
ii) If his services are not required by the foreign employer, it shall be open to
the foreign employer to revert him to the parent department, provided 3
months notice is given to Government /competent authority by the foreign
employer before effecting such reversion: And
iii) It is open to him to revert to the department after he gives a notice, of
not
less than three months, in writing to Government/competent authority of
his intention to do so.
2. PayWhile on foreign service the Government servant shall have the option either to get
his pay fixed in the deputation post under the operation of normal rules or to draw
pay which he would have drawn in the parent department but for his deputation on
foreign service in the scale of Rs. ..prescribed for the post of (scale
and designation of the post plus deputation allowance of not more than 20 per cent
of that pay, subject to a maximum of Rs. 250 per month, provided that the sum total
of "basic pay" plus deputation allowance does not exceed the maximum of the scale
of pay of the post held on deputation or where the post on deputation is on a fixed is
on a fixed pay, that fixed pay and provided further it does not, in any case, exceed
Rs.3000/- per month.
For the purpose of computing the deputation allowance, the special pay,
which is sanctioned in lieu of a separate scale of pay in the parent
department, may be taken into account.
In case the Government servant elects the scale of pay of the deputation
post and the minimum of that scale is substantially in excess of his basic pay
plus deputation allowance at the rate of 20 per cent, then provisions of rule
20 of Maharashtra Civil Services (Pay) Rules, 1981 will be applied and the
initial pay will be fixed at a suitable figure below the minimum of the scale of
the deputation post so that the pay so fixed does not exceed the basic pay of
the deputationist by the amounts indicated below:a) For employees in receipt of basic 25 per cent of basic pay or basic pay
above Rs. 750. Rs. 225 whichever is more.
b) For employees in receipt of basic 30 per cent of basic pay or basic pay
above Rs. 300 and Rs. 100 whichever is more. upto Rs.750/c) For employees in receipt of basic 33.1/3 per cent of basic pay. Pay of Rs.
100/- and above but upto
Rs. 300/-.
3. Dearness Allowance:The Government servant will be entitled to draw dearness allowance as admissible
under the State Government or under the rules of the foreign employer according as
he retains his scale under the State Government or he draws pay in the scale
attached to the post in the foreign employer.
4. House Rent Allowance/Compensatory Local AllowanceThe Government servant will be entitled to draw House Rent
Allowance/Compensatory Local Allowance as admissible under the State
Government rules from time to time but foreign employer may at his
discretion allow these allowances under the rules of the foreign employer.
5. Joining time and transfer travelling allowance:Pay and travelling allowance during the joining time both on transfer to and
reversion from foreign service shall be paid by the foreign employer in accordance
with the relevant rules of the State Government.
6. Travelling allowance for journey on duty during the period of deputation:Government servant shall be entitled to travelling allowance and daily allowance for
journey undertaken after joining the foreign service according to the relevant rules of
the State Government or under the rules of the foreign employer.
7. Leave :Government servant shall continue to be governed by the leave rules applicable to
him before such transfer. The procedure laid down in rule 18(2) of Maharashtra Civil
Services (Leave) Rules, 1981 should be followed scrupulously. On being relieved
from foreign service he will not be allowed to proceed on leave direct by the foreign
employer, i.e. without first joining Government service and without getting, i.e.
without first joining Government service without getting his leave sanctioned by the
competent authority in the parent department in the usual manner.
8. The whole expenditure in respect of any compensatory allowance for the period of
leave taken during or at the end of foreign service shall be borne by the foreign
employer.
9. In the case of a female Government servant, the leave salary for the period of
maternity leave availed of by her while in or at the end of foreign service shall be
borne by the foreign employer.
d) The leave salary and pension contributions should be paid separately as they are
credited to different Head of Accounts should be set off against these contributions.
12) Leave travel concession:The Government servant shall be entitled to the leave travel concession according to
the relevant rules of the State Government on the subject. The expenditure in this
respect shall be borne by the foreign employer.
13) Encashment of leave:The Government servant shall be entitled to the benefit of encashment of
earned leave as admissible under rule 73 of the Maharashtra Civil
Services(Leave) Rules, 1981 . The expenditure in this respect shall be borne
by the foreign employer.
14) Medical concessions:The Government servant shall be entitled to medical facilities not inferior to
those admissible under the Maharashtra Civil Services (Medical Attendance)
Rules, 1961 and the cost of that account shall be borne by the foreign
employer.
15) General Provident Fund subscription
The Government servant shall continue his subscription to the General Provident
Fund of which he is a member in accordance with the prescribed rules.
16) Departmental enquiry: If a departmental enquiry is to be instituted against the Government servant, he
shall be reverted to his parent department. The subsistence allowance shall be paid
by Government, but it will be recovered from the foreign employer.
17) Bonus/Ex-gratia award: (a) the Government servant drawing pay not exceeding Rs. 1600 per month who is
on temporary transfer to Public Undertaking, which are legally required to pay bonus
under the Payment of Bonus Act, 1965, shall be allowed to accept bonus declared by
such Undertaking.
b) Government servant who are on temporary transfer to Public Undertaking which
declare bonus or ex-gratia award (even though the payment of bonus may not be a
legal obligation in their cases) may be allowed to accept the ex-gratia award
declared by such Undertakings.
Note: 1. The term: appearing in (a) above shall have the meaning as "salary
or wage" as defined in section 2(21) of the Payment of Bonus Act 1965 and
shall include pay, special pay, if any, and dearness allowance. As deputation
allowance has been classified as "special pay," it should also be taken into
account. City compensatory allowance, house rent allowance, etc, should not
be taken into account for the purpose.
post carrying higher scale, he shall not be allowed to draw deputation allowance in
addition to the grade pay of the promotion post, unless in respect of posts coming
within the purview of the Establishment Board, the Board takes a conscious decision,
after taking into account the claims of other officers similarly situated that he alone
be continued in foreign service and in respect of posts not concerned by the
Establishment Board, the Administrative Department takes such a decision in
consultation with the General Administration Department, in which case the question
of grant of deputation allowance will be considered with due regard to the duties and
responsibilities he is required to discharge/shoulder in foreign service, even after, his
promotion in the parent department, by the concerned Administrative Department of
the Mantralaya in consultation with General Administration Department and Finance
Department.
4) When a Government servant already on deputation is to be promoted to another
post by the borrowing authority, the borrowing authority should obtain the
concurrence of the lending authority prior to the promotion so that the latter might
decide as to how the pay in the higher post is to be regulated.
5) Leave:- The foreign employer, will maintain a leave account of the Government
servant concerned. An extract of the leave account may be supplied to him by the
Audit Officer in the case of Gazetted Officers, and by the Head of the Office in case of
Non-Gazetted Government servants. The foreign employer will determine the leave
admissible to the Government servant concerned and sanction it under intimation to
the Audit Officer in the case of Gazetted Officers and Head of the Office in the case of
Non-Gazetted Government servants, as the case may be. The foreign employer will
then make payment of the leave salary to the officer concerned. Thereafter, he may
claim half yearly reimbursement of leave salary so paid, from the Audit Officer/Head
of the Office, as the case may be . For this purpose, he may send his claims duly
supported with details of the officials on foreign service, nature and period of leave
sanctioned and enjoyed, rate of leave salary and amount of leave sanctioned and
enjoyed, rate of leave salary and amount of leave salary paid to the Audit Officer in
the case of Gazetted Officers and to the Head of the parent Department in the case
of Gazetted Officers and to the Head of the parent Department in the case of Nongazetted Government servants. The half-yearly reimbursement suggested may be in
respect of the period from 1dst April to 30th September and 1st October to 31st
March. The Audit Officer or the Head of the Department should verify the claims
preferred by the foreign employer and arrange to reimburse the amount through
Bank Draft within a month of the receipt of the claim.
6) Leave salary and pension contribution :The foreign employer shall follow the following instructions to ensure prompt
payment and due crediting of the contributions:i) One demand draft if the total amount due on account of the pension and
leave salary contributions should be drawn;
ii) The draft should be made payable to the Accountant General, Maharashtra
I/II Mumbai/Nagpur;
iii) The draft should be crossed.
iv) The draft should be sent under a covering letters wherein the following
details should be indicated:a) Name of the person in whose respect contributions are paid;
b) Period of which the contributions pertain;
c) Split up of the amount- Rs.
i) Leave Salary Contribution ..
ii) Pension Contribution..
------------------------------------Total Rs. ..
--------------------------------------
v) It is not necessary to send separate drafts if there are more than one
Government servant on deputation to one and the same foreign authority.
The purpose can be served by issuing only one demand draft. However, the
details of the amount sent should be given in a covering letter as stated in
clause (iv) above.
7) It shall be incumbent upon the foreign employer to consult the parent department
if it is proposed to absorb the Government servant under the Public Sector
Undertaking, Autonomous Body or a Local Authority. Neither the Government
servant nor the foreign employer shall have any right of property in the contributions
paid towards pension, leave salary,etc. to Government and no claims for refund will
be entertained.
8) The pensionary benefits, as provided in the relevant rules of the State
Government on the subject will be admissible to only permanent Government
servants who while on deputation are absorbed in the public interest in service of a
Public Sector Undertaking, Autonomous Body of a Local Authority.
APPENDIX IV
(See rules 44, 45, 48, 59 and 65 )
Rules regulating the recovery of leave and pension contribution in the case
of Government servants in foreign service.
1. Contribution on account of pension and leave should be calculated according to
the rates laid down in rule 6.
(a) The term "active foreign service" used in rule 6 includes the period
of joining time, which may be allowed to a Government servant both
on the occasion of his proceeding to and reverting from foreign service
and contributions are accordingly leviable in respect of such periods.
Note:1- The recovery of salary contribution in respect of joining time
taken under
sub- rule (2) of rule 10 of Chapter III while proceeding to foreign
service,
should be based on the pay that the Government servant would draw
on the assumption of office in foreign service.
Note:2-The leave-salary contribution for the period of joining time
taken by a Government servant in continuation of leave under sub-rule
(2) of rule 10 of Chapter III before reversion from foreign service
should be calculated on the pay he was getting immediately before he
proceeded on leave.
(b) "Length of Service" means the continuous service of the
Government servant concerned.
Note:- In the case of judicial officers who are allowed in addition to
their service
counting for superannuation pension, an additional period of service
as admissible under the rules should be added to their length of
service for determining the rate of pension contribution.
1
0-1 Year
1-2 Years
2-3 Years
3-4 Years
4-5 Years
5-6 Years
6-7 Years
7-8 Years
8-9 Years
9-10 Years
10-11 Years
11-12 Years
12-13 Years
13-14 Years
14-15 Years
15-16 Years
16-17 Years
Members of
class-I
services.
Per cent of the
maximum
Monthly Pay of
the post in the
officiating
/substantive
grade as the
case may be,
held by the
officer at the
time of the
proceeding on
foreign service
2
7%
7%
8%
8%
9%
10%
10%
11%
11%
12%
12%
13%
14%
14%
15%
15%
16%
Members of
class-II
services.
Per cent of the
maximum
Monthly Pay of
the post in the
officiating
/substantive
grade as the
case may be,
held by the
officer at the
time of the
proceeding on
foreign service
3
6%
6%
7%
7%
8%
8%
9%
9%
10%
10%
11%
11%
12%
12%
13%
13%
14%
Members of
class-III
services.
Per cent of the
maximum
Monthly Pay of
the post in the
officiating
/substantive
grade as the
case may be,
held by the
officer at the
time of the
proceeding on
foreign service
4
5%
6%
6%
7%
7%
7%
8%
8%
9%
9%
10%
10%
10%
11%
11%
12%
12%
Class-IV
Government
services.
Per cent of the
maximum
Monthly Pay of
the post in the
officiating
/substantive
grade as the
case may be,
held by the
officer at the
time of the
proceeding on
foreign service
5
4%
4%
5%
5%
5%
6%
6%
6%
7%
7%
7%
8%
8%
8%
9%
9%
9%
17-18 Years
18-19 Years
19-20 Years
20-21 Years
21-22 Years
22-23 Years
23-24 Years
24-25 Years
25-26 Years
26-27 Years
27-28 Years
28-29 Years
29-3- Years
Over 30 Years
16%
17%
17%
18%
19%
19%
20%
20%
21%
21%
22%
23%
23%
23%
14%
15%
15%
16%
16%
17%
17%
17%
18%
18%
19%
19%
20%
20%
13%
13%
13%
14%
14%
15%
15%
16%
16%
16%
17%
17%
18%
18%
10%
10%
10%
11%
11%
11%
12%
12%
12%
13%
13%
13%
13%
14%
Note:- A portion of dearness allowance has been treated as " Dearness Pay" for
purpose of retirement in the terms of Government Resolution, Finance Department,
No.PEN-1079/CR-917/SER-4, dated the 19th September 1979. The dearness pay
appropriate to the maximum in respect of the post held by a Government servant at
the time of proceeding on foreign service or to which he may receive proforma
promotion while on foreign service shall be taken into account while calculating the
pension contribution.
2. Rates of monthly contribution for leave-salary payable during active foreign
service will be 11 percent of pay drawn in foreign service.
V.PRABHAKAR,
Special Secretary to Government.