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Thursday, June 11, 2020

Information on the rules of civil service regarding general conditions of employment part 1

Information on the rules of civil service regarding general conditions of employment

Civil Services (TemporaryService) Rules, 1965 are framed underProvisoAr309  and Clause (5) of Article 148 ofthe 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.

(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;

(ii) "financed substantially" means quite 50% of the expenditure is met by cess or Central Governmentgrants.

overnment of India’sdecisions:

(1) Employees dying in commission are covered by CCS(Pension) Rules, 1972:- within the event ofdeath in harness of temporary/quasi-permanent Government servants theirfamilies shall be eligible to family pension and death gratuity on anequivalent scale as admissible to families of permanent Government servantsunder the CCS (Pension) Rules, 1972.

G.I, Dept. of Pen. &Pen. Welfare, OM No. 2/4/87-PIC, dated the 14th April, 1987andtakes effect from 1.1.1986.

(2) For the aim of drawing gratuity payable under Rule 10 the top of Office should prepare a press release of thequantity admissible to the person concerned and submit this along side thesacred text to the Accounts Officer, for verification and authorization. Thestatement should show the detailed calculations on how the quantity has beenreceived . The Accounts Officer should, in turn, verify the statement and issueauthority for payment of the gratuity to the top of Office on the idea of whichthe quantity are going to be drawn and disbursed by the latter.

The gratuity payableunder Rule 10 should be adjusted under the top"55-Superannuation Allowances andPensions, etc.". The gratuity admissible under the Central governmentofficials s (Temporary Service) Rules doesn't attract the provisions of Article470 Civil Service Regulations.

MHA OM No. 78/164/56-TS, dated the 8thJuly, 1957

(3) Half the service paid from contingencies, followed byregular appointment, counts for Terminal gratuity:- an issue has been raisedwhether half the service paid out of contingencies can also be allowed to becounted for the aim of terminal gratuity admissible under the Central CivilServices (Temporary Service) Rules, 1965,where the staff paid from contingencies is subsequently appointed on regularbasis.

The matter has beenexamined in consultation with the Ministry of Finance (Department of Expenditure)and it's been decided that half the service paid from contingencies are goingto be allowed to be counted for the aim of terminal gratuity as admissibleunder the Central Civil Services (Temporary Service) Rules, 1965, where the staff paid from contingencies issubsequently appointed on regular basis. This benefit are going to be subjectto the conditions laid down within the Ministry of

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