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FRSR Class Notes

The document outlines the definitions and conditions under which periods of service, training, and leave are considered as 'duty' for government servants, impacting their eligibility for increments and promotions. It also details the 'Next Below Rule' which ensures that officers do not lose out on officiating promotions when serving outside their regular line. Additionally, it provides guidelines for increments in pay and the structure of the pay matrix as per the CCS (Revised Pay) Rules, 2016.

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0% found this document useful (0 votes)
3 views

FRSR Class Notes

The document outlines the definitions and conditions under which periods of service, training, and leave are considered as 'duty' for government servants, impacting their eligibility for increments and promotions. It also details the 'Next Below Rule' which ensures that officers do not lose out on officiating promotions when serving outside their regular line. Additionally, it provides guidelines for increments in pay and the structure of the pay matrix as per the CCS (Revised Pay) Rules, 2016.

Uploaded by

shailesh mahto
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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DUTY

Duty includes: (a) Service as a probationer or apprentice provided that such Service is
followed by confirmation; (b) joining time.
A GS may be treated as on duty (a) during a course instruction or training in India or (b) in the
case of a student ,stipendiary or otherwise, who is entitled to be appointed to the service of
government on passing through a course of training at a University, college or school in India,
during the interval between the satisfactory completion of the course and his assumption of
duties.
The authorities competent to appoint a GS to the post for which the training is essential may be
empowered to treat the period of training or instruction in India of GSs as 'duty' subject to the
following conditions:-
• The training or instructions should be in India;
• It should be connected with the post which the GS is hold at the time of placing him on training
or instructions;
•It is obligatory( compulsory/ mandatory) on the part of the government to send the persons for
such training or instruction;
• The training should not be in professional or technical subjects which are normally brought
under the provisions relating to 'study leave'; and
• The period of training should not exceed one year.
The following may be treated as duty by government servant:
(1) Training in Territorial Army.
(2) Training at National Defence college
(3) Treatment of enforced halts as duty: In the case of enforced halt occurring en route on (a)
journeys on tour, transfer, temporary transfer (b) journeys in connection with training,
necessitated by breakdown of Communications due to blockage of roads on account of floods,
rain, heavy snowfall, landslides etc. OR delayed sailing of ships or awaiting for air-lift.
(4) Treatment of training period as duty: The period of training of central Government
employees in the following training programs will be treated as duty, if the employees are
sponsored for the training by the Department in which day are working:(a) All TPs organized by
central and state government training institution.(b)All TPs organized/sponsored/ approved by
the training division of DoP&T.
(5) Period of training before appointment to count as 'duty „for eligibility to sit for Departmental
examination /increments( even if the officer is not given the scale of pay of the post but only a
nominal allowance)
(6) period of participation in national/ International Sports events and pre- participation coaching
camps is treated as duty.

(7) Period of waiting on joining from leave/ training/ deputation for posting orders to be treated
as duty.

(8) The period between the date of suspension and the date of death, while under suspension,
will be treated as duty for all purposes
INCREMENT (FR 26)

The following periods count for increment:-


(a) Duty
(b) Service in another post [other than a post carrying less pay in terms of FR 15 (a)]
(c) Deputation out of India
(d) All kinds of leave except EOL ( other than EOL mentioned below)
☆ EOL on MC
☆ EOL granted due to inability of a government servant to join duty on account of civil
commotion.
☆ EOL for prosecuting higher scientific/ technical studies
☆ EOL taken for any cause beyond government servants control if so directed by the appointing
authority.
☆ in the case of temporary government servant leave will count for increment in the post in
which he was officiating, only if it is certified that he would have continued to officiate but for his
proceeding on leave
(e) Foreign Service
(f) joining time in continuation of Duty/ leave.
(g) Period of training before appointment on stipend or otherwise.

INCREMENT AS PER CCS(RP) RULES,2016

(A) Increments in Pay Matrix: The increment shall be as specified in the vertical Cells of
the applicable LEVEL in the Pay Matrix. Fr example, an Assistant Section Officer or PA
in the Basic Pay of Rs.50,500 in Level 7 will move vertically down in the same Level in
the Cells and on grant of increment, his/her basic pay will be Rs.52,000.

(B) Date of next increment in RPS: (a) Two dates for grant of increment namely, 1 st July of
every year, instead of existing date of 1st July. However, an employee shall be entitled to
only one annual increment either on 1st January or 1st July depending on the date of his
appointment, promotion or grant of financial upgradation(FU)

(b) The increment in r/o of a GS appointed or promoted or granted FU including


upgradation under MACPS during the period between the 2nd day of January and 1st day
of July (both inclusive) shall be granted on 1st of January and such increment during the
period between the 2nd day of July and 1st day of January (both inclusive) shall be
granted on 1st of July. This been illustrated as under:

Appointment or promotion in the normal hierarchy or under MACPS


Happened between 02.01.2016 and The next increment shall accrue on
01.07.2016 (who did not draw any increment 01.01.2017 and thereafter it shall accrue
on 01.01.2016) after one year on annual basis.

Happened between 02.07.2016 and The first increment shall accrue on


01.01.2017 01.07.2017 and thereafter it shall accrue
after one year on annual basis.

In the case if employees whose pay in the RPS has been fixed as on 1 st day of January, the
next increment in the Level in which the pay was so fixed as on 1st day of January, 2016 shall
accrue on 1.7.2016 The next increment, after drawal of increment on 1.7.2016, shall accrue on
1.7.2017 and so on.
Pay Related Definitions

1. Time Scale- means pay which rises by periodical increments from minimum to a maximum
FR-9(31)(a)
2. Identical Time Scale- time scales are said to be identical if the minimum, the maximum, the
period of increment and the rate of increment of the time scales, are identical FR-9(31)(b)
3. Same Time Scale- a post is said to be on the same time scales, as another post on a time
scale, if the two-time scales are identical and the posts fall within a cadre, such cadre having
been created in order to fill a post involving duties of approximately the same character in a
service so that the pay of the holder of any particular post is determined by his positions in the
cadre and not by the fact that he holds the post.FR-9(31)(c)
4. Pay- means the amount drawn monthly by a government servant as(a) the pay, other than
special pay or pay granted in view of his personal qualifications;(b) overseas pay, special pay
and personal pay; and(c) any other emoluments which, may be specially classed as pay by
president.FR-9(21)
5. Personal Pay- means additional pay granted to a GS; to save him from a loss of substantive
pay in respect of a permanent post due to revision of pay or to any reduction of substantive pay
otherwise than as disciplinary measure or in exceptional circumstances on the other personal
considerations.FR-9(23)
6. Special Pay/ Special Allowance-means an addition, of the nature of pay, to the emoluments
of a post or of a GS, granted in consideration of especially arduous nature of the duties or a
specific addition to work or responsibility.FR-9(25)

7.Presumptive Pay- of a post when used with reference to any particular government servant
means the pay to which he would be entitled if he held the post substantively and were
performing it's duties but it does not include special pay unless the GS performs or
discharges the work or responsibility in consideration of which the special pay was
sectioned.FR-9(24)
8.Substantive Pay-means the pay other than special pay, personal pay or emoluments
,classed as pay by the president under Rule-9 (a)(|||) to which government servant is entitled on
accounts of a post to which he has been appointed substantively or by reason of his substantive
position in a cadre.
9. Permanent Post- means a post carrying a definite rate of pay sanctioned without limit of
time.FR-9(22)
10. Temporary Post- means a post carrying a definite rate of pay then sanctioned for a limited
time.FR-9(30)
11. Tenure Post- means a permanent post which an individual government servant may not
hold for more than a limited period.FR-9(30A) (2012-13)
12.Subsistence Grant- means a monthly grant made to a GS who is not in receipt of pay or
leave salary. (2014)

CCS (Revised Pay) Rules, 2016


A. Basic Pay- The pay Drawn in the prescribed LEVEL in the PAY MATRIX.
B. Pay Matrix- means matrix specified in part A of the schedule to the CCS (Revised Pay)
Rules, 2016,with levels of pay arranged in vertical cells as assigned to corresponding existing
Pay Band and Grade or Scale.
C. LEVEL - in the Pay Matrix shall mean the level corresponding to the existing pay band and
grade pay or scale specified in part A of the schedule.
D. PAY IN THE LEVEL - means pay drawn in the appropriate Cell of the level as specified in
part A of the schedule.
E. REVISED PAY STRUCTURE ( RPS) - in relating to a post means the pay MATRIX and
levels specified there in corresponding to the existing PB and Grade Pay or scale of the post
unless a different Revised level is notified separately for that post.
F. REVISED EMOLUMENTS- means the pay in the LEVEL of a GS in the RPS.

Addition to Pay

Compensatory Allowance- CA is granted to a GS to meet his personal expenditure


necessitated by the special circumstances in which duty is performed. It includes a traveling
Allowance but does not include sumptuary Allowance nor grant of free passage by sea or air to
or from any place outside. The amount of CA should be so regulated that the Allowance is not
on the whole of source of profit to the recipient. Example: Daily Allowance, Hill Area Allowance,
(NB-Subsistence Allowance, Sumptuary Allowance and NPA are not CA).
NEXT BELOW RULE

The 'next below rule' seeks to ensure that on officer out of his regular line does not suffer by
forfeiting officiating promotion which he would otherwise have got had he remained in his
regular line. This is also termed as “Pro Forma Promotion(PFP)”.
Guidelines -The salient features of the rule are as under:
(i) The officer to whom the benefit is sought to be given should be found fit for promotion.
(ii) All the officers senior to the officer in question should be drawing.( unless they have been
passed over because of inefficiency unsuitability or level or forgoes officiating promotion of his
volition) officiating pay in the higher scale.
(iii) The officer just junior to him should have be given officiating promotion unless he has been
passed over in which event the one still junior should have been promoted.
(iv) The benefit can be given only to one officer against one vacancy even where two or more
officers are outside the regular line.
(v) If no junior officer is eligible for promotion within the cadre despite clear vacancies being
available for making promotion, PFP can also be made.
(vi) The benefit of “next below rule” can be given subject to the following conditions.
(a) the post within the Cadre remains unfilled for want of an approved person junior to the
officer.
(b) The vacancy caused in the cadre is not filled up by making promotion on ad hoc basis till the
release of the panel of some juniors become eligible for promotion.

(vii) Benefit of PFP will be given only against our vacancy of more than 90 days. However,
chain of vacancies will not be considered.
Nature of benefit - the grant of benefit under 'Next Below Rule' to an officer entitles him to the
following:
(a) to draw the higher rate of pay to which he will be entitled in the regular line, while holding the
post outside his regular line.
(b) To count the period of his service from the date of proforma promotion for increment in the
post in which he would have officiated had he been in the regular line.

For deriving the benefit, a declaration under FR 22 (||) to the effect that the government servant
is outside the ordinary line will be necessary.

Delegation of powers- Ministries can issue the necessary declaration under FR 22 (||).
Ministries may allow benefit of higher pay for any period so long as the pay thus admissible
does not exceed the maximum of the pay band of the post actually held by the government
servant. When it exceeds the maximum, he should be reverted to his parent cadre within 6
months from the date from which the pay under NBR exceeds the maximum.

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