QUESTIONS BANK ON STAFF RULINGS & DISCIPLINE

 QUESTIONS BANK ON STAFF RULINGS & DISCIPLINE

Tit Bits - 1. (Compiled By Com Kayveeyes) 

 1. Whenever any changes/unforeseen developments resulting in modification of rules happen, whether the officials can exercise revised option?

Ø  Whenever any such changes taken place, the Government servant may be given a revised option for pay fixation under FR 22 (1) (a) (i) within one month from the date of orders.

    (DOPT OM No. 16/8/2002-Estt (Pay I) dated 25.02.2003) 

2.  Whether the special allowance drawn to the treasurer may also be drawn during training  period?

Ø  No Special Pay is admissible to the Treasurer during the training period as he is not performing any duties of the treasurer during that period.

    (Accountant General P&T Audit I 569/23-51 (General) VIII dated 29.09.1975)

3.   Whether counting of the training period is applicable in case of promotees?

Ø  No. This is applicable only in cases of Direct Recruits who are compulsorily required to undergo training before taking up Government employment.

     (DG (P) No. 3-27/91-PAP dated 23.08.1991)

4.   What is the time allowed for exercising option for pay fixation on promotion?

Ø  On promotion, option shall be exercised within one month. Now, the same has been incorporated in the promotion orders itself on a regular basis.

     (DG (P) No. 1-11/81-PAP (Pt) dated 02.03.1988)

5.  What are all the conditions for claiming stepping up of pay with juniors?

Ø  (i) Both senior and junior must be in the same cadre in identical pay scales and also in the same recruiting unit.

      (ii) Posts to which they are promoted must also be identical and same.

      (iii) At the time of promotion, senior must be getting an equal or more pay than junior.

      (iv) Anomaly should be a direct result of application of FR 22 (c) or any pay fixation rules.

6.     What are all the cases which will not construe under the pay anomalies?

Ø  (i) Senior getting less pay in lower post due to postponement of date of next increment on account of his proceeding on extraordinary leave.

(ii) Senior refusing promotion leading to the early promotion of the junior and later promotion of the senior.

(iii) Junior getting higher pay in lower post due to adhoc arrangements.

(iv) Senior joining higher post later and getting lower pay.

(v) Senior appointed to lower post later than the junior but getting promoted earlier than the junior.

(vi) Senior direct recruits getting less pay than the junior promotees whose pay is fixed with reference to pay last drawn.

(vii) Junior getting more pay due to additional increments earned on acquiring higher qualifications.

    (DOP&T OM No. 4/7/92 – Estt (Pay I) dt. 04.11.93)

7.  Whether stepping up of pay can be allowed second time with another official?

Ø  As per DOPT order dated 22.07.1985, the benefit of stepping up of pay can be allowed to senior official second time, provided the anomaly has arisen with reference to the pay of the same junior, with reference to whom the pay of the senior was stepped up first time. As such there is no provision to step up pay to another person directly other than the person earlier opted for.

 8. Whether the senior joins the higher post later than his junior and draws lesser pay can claim stepping up of pay with his junior?

Ø  If a senior joins the higher post later than the junior for whatsoever reasons whereby he draws less pay than the junior in such cases, senior cannot claim stepping up of pay at par with the junior vide Para 2 (c) of GIO (27) under FR 22 in “Swamy’s Compilation of FR & SR, Part-I-General Rules”. 

  9.  Whether the provision of option under FR 22 (I) (a) (1) is admissible in respect of adhoc promotion?
As per the provisions of FR 22 (I) (a) (1) option is not admissible in respect of ad hoc promotions. If such promotion is followed by regular appointment to the higher post without any break, option may be allowed as from the date of initial appointment.

10. Whether the training period prior to appointment shall be taken for the purpose of drawing increments?

Ø  Yes. The training period for the direct recruits, whether on remuneration of stipend or otherwise may be treated as duty for the purpose of drawing increment. This was given effect from 1.10.1990.

    (MOF NO. 16-16/89-Estt (Pay-I) dated 22.10.1990)

Subsequently based on the demand of Staff Side the period was extended from 1.1.1986 vide OM dated 31.03.1992.

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