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Thursday, June 11, 2020

Information on civil service rules regarding employee leave during employment part 3

Information on civil service rules regarding employee leave during employment

Civil Services (TemporaryService) Rules, 1965 are framed under Provisoto Article 309 and Clause (5) of Article 148ofthe Constitution and after consultation with the Comptroller and Auditor Generalin reference to persons serving within the Indian Audit and Accounts Departmentto manage the conditions of service of temporary Govt. servants. These Rulessupersede the Central Civil Services (Temporary Service) Rules, 1949.

most of the instructions and orders incorporated within the brochure containing the Central CivilServices (Temporary Service) Rules, 1949 arestill effective exception thus far as they're inconsistent with the CentralCivil Services (Temporary Service) Rules, 1965. Theinstructions/orders which are still applicable have, therefore, been givenunder the relevant rule for information and guidance.



The Central CivilServices (Temporary Service) Rules, 1965along side the relevant orders issued by Government from time to time are

1. Short, title commencement and application.

(1) These rules could also be called the Central CivilServices (Temporary Service) Rules, 1965.

(2) They shall inherit force with effect from 1st May, 1965.

(3) Subject to the provisions of sub-rule (4), these rules shall apply to all or any persons:-

(i) who hold a civil post including all civilians paid fromthe defence services estimates under the govt of India and who are under

the rule making controlof the President, but who don't hold a lien or a suspended lien on any postunder the govt of India or any State

Government;

(ii) who are employed temporarily in work-chargedestablishments and who have opted for pensionary benefits.

(4) Nothing in these rules shall apply to:-

(a) railway servants;

(b) Government servants not in whole-time employment;

(c) Government servants working on contracts;

(d) Government servants paid out of contingencies;

(e) persons employed in extra-temporary establishments orin

work-chargedestablishments aside from the persons employed temporarily and who have optedfor pensionary benefits.

(f) non-departmental telegraphists and telegraphmenemployed

in the Posts andTelegraphs Department;

(g) such other categories of employees as could also bespecified by

the Central Government bynotification published within the Official gazette.

2. Definitions

In these rules, unlessthe context otherwise requires:-

(a) "appointing authority" means in reference toa specified post, the authority declared intrinsically under the Central CivilServices

(Classification, Control and Appeal) Rules, 1965;

(b & c) omitted

"temporary service" means the service of a shortlived Government servant during a temporary post or officiating service duringa

permanent post under thegovt of India.

(e) "Defence Services" means services under thegovt of India within the Ministry of Defence and within the Defence Accounts

Departments under thecontrol of the Ministry of Finance (Department of Expenditure) (DefenceDivision) paid out of the Defence Service Estimates and

not permanently subjectto the Air Force Act, 1950 (45 of 1950) or the military Act, 1950 (46of 1950) or the Navy Act, 1957 (62 of 1957)"

Government of Indiasdecisions:

(1)
(a) Only service rendered during a civil post under thegovt of India is treated as temporary service for this purpose.

(b) The term "Government service" includesperiods of duty and periods of leave including extraordinary leave.

(c) Prior service rendered in establishments paid fromDefence Estimates and repair rendered in Railway Department is additionallycounted for quasi-permanency.

(d) "War service" as defined below shall becounted as service for purposes of quasi-permanency:

(i) Service of any kind during a unit or formationresponsible for service overseas or in any operational area;

(ii) Service in India under military, munitions or storesauthorities with a liability to service overseas or in any operational area;

(iii) All other service involving subjection to naval,military or air forc

Death Gratuity

(2) within the event of death of a short lived Govt.servant while in commission , his family shall be eligible for family pensionand death gratuity at an equivalent scale and under an equivalent provisions asare applicable to permanent Central Civilian Government servants under theCentral Civil Services (Pension) Rules, 1972;

(3) No gratuity shall be admissible under this rule to aGovernment servant,-

(a) who resigns his post or who is removed or dismissedfrom service as a disciplinary measure;

(b) who is re-employed after retirement on superannuationor retiring pension.

Provided that a shortlived Government servant who resigned from service to require up, with priorpermission, a meeting under an organization or Company wholly or substantiallyowned or controlled by the govt or in or under a body controlled or financed byGovernment shall be paid terminal gratuity at the speed prescribed undersub-rule (1) in respect of

the service rendered byhim under the Government:

Provided further that ashort lived Government servant who has been absorbed during a Centralautonomous body, with the permission of the parent department, shall have anchoice to count the service rendered under the govt for the aim of pensionunder the autonomous body if it's a pension scheme, rather than drawing theterminal gratuity under the primary proviso.

Explanation- For the aimof this sub-rule –

(i) "Central autonomous body" means a body whichis financed wholly or substantially from cess or Central Government grants andincludes a Central statutory body or a Central University but doesn't include apublic undertaking falling under the purview of the Bureau of PublicEnterprises;

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