MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training) 

New Delhi, the 19th November, 2018

1. (1) These rules maybe called the Fundamental (Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rules. 1922, in rule 22. in sub-rule (1), in clause (a). for sub-clause (I). the following sub-clause shall be substituted, namely:-

“(1) where a Government servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive. temporary or officiating capacity, as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time-scale shall be fixed by giving one increment in the level from which the Government servant is promoted and he or she shall be placed at a cell equal to the figure so arrived at in the level of the post to which promoted or appointed and if no such cell is available in the level to which promoted or appointed, he shall be placed at the next higher cell in that level.

Save in cases of appointment on deputation to an ex cadre post. or to a post on ad hoc basis or on direct recruitment basis, the Government servant shall have the option, to be exercised within one month from the date of promotion or appointment, as the case may be, to have the pay fixed under this rule from the date of such promotion or appointment or to have the pay fixed initially at the next higher cell in the level of the post to which he or she is promoted on regular basis and subsequently, on the date of accrual of next increment in the level of the post from which Government Servant is promoted, his pay shall be re-fixed and two increments (one accrued on account of annual Increment and the second accrued on account of promotion) shall be granted in the level from which the Government Servant is promoted and he or she shall be placed. at a cell equal to the figure so arrived, in the level of the post to which he or she is promoted; and if no such cell is available in the level to which he or she is promoted, he or she shall be placed at the next higher cell in that level.

In cases where an ad hoc promotion is followed by regular appointment without break, the option is admissible from the date of initial appointment or promotion. to he exercised within one month from the date of such regular appointment.
In cases where an officer has retired as ad hoc before being regularised to that post and later on has been assessed during the process of regularisation and found fit by the competent authority along with his or her juniors, who are still in service and are eligible to avail of the option facility from a date on which the retired employee was still in service, the same option facility shall also be extended to the retired employee, to be exercised within three months from the date when his or her junior became eligible to avail of option facility and in cases where such retired employee was
himself the junior most, he or she may exercise the option facility within three months from the date when his or her immediate senior became eligible to avail of option facility:

Provided that where a Government servant is immediately before his promotion or appointment on  regular basis to a higher post, drawing pay at the maximum of the level of the lower post, his initial pay in the level of the higher post shall be fixed at the cell equal to the figure so arrived at in the level of the post to which promoted or appointed by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the level of the lower post and if no such cell is available in the level to which he is promoted or appointed, he shall be placed at the next higher cell in that level.”

[F.No. 13/1/20 17-Estt.(Pay-I)]
RAJEEV BAHREE, Under Secy.

Note: The Fundamental Rules came into force from 1st January, 1922 and these rules were amended earlier as per  details below:-

1. Ministry of Finance Notification No.2(9)-E.III/61 dated 01.02.1963;
2. Ministry of Finance Notification No.1(1 )-E.III(A)/65 dated 20.02.1965;
3. Ministry of Finance Notification No. l(25)-E.IlI(a)/64 dated 30.11.1965;
4. Ministry of Finance Notification No. F.1(25)-E.ITT(A)/64 dated 01.10.1966;
5. Ministry of Finance Notification No. I (3)-E.TTI(a)/64-Pt.1I dated 18.07.1967;
6. Ministry of Finance Notification No. I (6)-E.TII(A)/68 dated 26.04.1968;
7. Ministry of Finance Notification No. l(25)-E.IIJ(A)/64 dated 27.05.1970;
8. Ministry of Finance Notification No. 18(13)-E.IV(A)/70 dated 29.01.1971;
9. Ministry of Finance Notification No. l(9)-E.1II(A)/74 dated 30.10.1974;
10. Ministry of Home Affairs Notification No. l(6)-P.U.1179 dated 23.11.1979;
11. Department of Personnel and Administrative Reforms Notification No. F. I (8)-P.U.T/80 dated 29.01.1981;
12. Ministry of Home Affairs Notification No. l/9/79-Estt.(Pay-I) dated 06.10.1983;
13. Ministry of Home Affairs Notification No.1 3/5/84-Estt.(Pay-T) dated I 7.08.1984;
14. Department of Personnel and Training Notification No. I3/5/84-Estt.(Pay-I) dated 24.09.1985;
15. Department of Personnel and Training Notification No. Il/I /85-Estt.(Pay-t) dated 24.04.1986; and
16. Department of Personnel and Training Notification No. I / I 0/89-Estt.(Pay-I) dated 30.08.1989.

Source: DoPT

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G.I., Dept. of Per. & Trg., O.M.F. No. 4/212014-Estt.(Pay-II), dated 16th April, 2015

Subject: Clarification regarding application of FR 49 — regarding

This Department undertook a review of FR 49 with a view to ensure that the provisions of the FR are applied in public interest and the spirit of the FR is maintained. It has been decided that the following points may be kept in view by Ministries / Departments while processing cases for giving additional charge —

(i) The provisions of FR 49 apply only to Government servants. Appointments of an employee of an autonomous body/PSU etc to another such body would be governed by the Rules of the individual’s employer;

(ii) The provisions of FR 49 are applicable to cases where the post held by the Government servant and the post to which he is appointed are under the Government.

(iii) Additional pay for holding additional charge of the posts in PSUs, autonomous bodies etc. is not permissible under FR-49.

(iv) Appointments made under FR 49 should follow the spirit of the FR to meet short term requirements only and it may be ensured that the provisions are not used to indirectly confer promotional benefits in lieu of promotion.

(v) Instructions of Ministry of Finance issued vide OM No. 7(7)/E.Coord/93 dated 3rd May 1993 read with OM No. 7(4)/E.Coord(I)/2001 dated 27th March 2001 regarding ‘economy in administrative expenditures – guidelines for abolition of posts’ may be kept in view in this regard so that approval Of Ministry of Finance for revival of post(s) is obtained wherever necessary before assigning the additional charge of posts.

(vi) While, the language of the FR 49 provides for appointment to a higher post, no occasion for appointing a Government servant to a post next above or even higher than the post next in hierarchy should arise. Such appointments may not be made without the approval of Department of Personnel and Training.

(vii) Though appointments covered under FR 49(i) are not promotion, the Government Servant so appointed gets the pay of the higher post. While it may not be necessary to go strictly by seniority in making such stop gap arrangements, as far as possible the senior most officer holding the lower post in the Department may be so appointed. The suitability of the officer for discharging the functions of the post should also be assessed. If the post
requires any specialised skill/experience/training, the person most suited for the task may be appointed.

(viii) No person who is facing a disciplinary proceeding or is otherwise not suitable (for example who has an adverse entry in a recent APAR) should be given the additional charge.

(ix) The orders for appointments may be issued only after obtaining the approval of the authority competent to make appointments to the post.

2. It is requested that the above information may be brought to the notice of all concerned.

Click to view the order

Source: www.persmin.gov.in

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G.I., Dept. of Per. & Trg. O.M.F. No.21/3/2015-CS.I(P), dated 19.3.2015

Subject: Promotion in the various grades of Central Secretariat Service (CSS) – clarifications in respect of officers on mandatory training regarding.

The undersigned is directed to refer to the promotions made in various levels of posts in the Central Secretariat Service. In a few instances the officers promoted on ad hoc basis subject to the conditions mentioned in the respective orders, are on long term mandatory training. References have been received from various quarters for allowing promotion while on training.

2.As per FR 9(6)(b)(i), a Government servant may be treated as on duty during a course of instruction on training in India. Conditions for treating a period of training as duty are given in the Ministry of Finance OM No. F. 2(71)-Estt.III/60 dated the 3rd December, 1960. As the officer continues to be on duty during training and occupies a cadre post, the Ministry of Finance OM No. F. (17)-E.III(A)/78 dated the 14th March, 1978 provides that a Government servant while on training may be promoted to the next higher grade with effect from the date he would have been approved for promotion to the next higher grade, and all his seniors who are available and fit for promotion have been so promoted.

3.Training Courses under CSS (Cadre Training Plan) are linked to promotion, and are mandatory in nature. It has been decided that the CSS Officers who are promoted on ad hoc basis shall be permitted to submit their joining report for joining the promotional post during such training Courses. These officers shall be deemed to have assumed charge of the promotional post from the date of submission of their joining report. The Ministries/Departments may however check their vigilance status before issuing the orders.

4.This issues in consultation with the Establishment Division vide their Note No. 2/1/2015-Estt. (Pay-II) dated 12.03.2015.

Authority: www.persmin.gov.in

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training )

NOTIFICATION

New Delhi, the 17th January, 2014

G.S.R. 27(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rule further to amend the Fundamental Rules, 1922, namely :—

1. (1) These rules may be called the Fundamental (First Amendment) Rules, 2014. (2) They shall came into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rule, 1922, in rule 56, —

(a) in clause (k), in sub-clause (1), for item (c), the following shall be substituted namely :

“(c) it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire under this clause, if,—

(i) the Government servant is under suspension: or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending

Explanation :– For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

(b) for clause (m), the following shall be substituted, namely :—

“(m) A Government servant in Group ‘C’ post who is not governed by any pension rules, may, by giving notice of not less than three months in writing to the Appropriate Authority, retire from service after he has completed thirty year’s service :

Provided that it shall be open to the Appropriate Authority to withhold permission to a Government servant, who seeks to retire proceedings.”;

(i) the Government servant is under suspension; or

(ii) a charge sheet has been issued and the disciplinary proceedings are pending; or

(iii) if judicial proceedings on charges which may amount to grave misconduct, are pending.

Explanation :- For the purpose of this clause, judicial proceedings shall be deemed to be pending, if a complaint or report of a police officer, of which the Magistrate takes cognizance, has been made or filed in a criminal proceedings.”;

[No. 2501313/2010-Estt. (A-IV)]
MAMTA KUNDRA, Jt. Secy.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/25013_3_2010-Estt.A-IV-17012014.pdf]

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No.1/4/2009-Estt.(Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
31st December, 2014

OFFICE MEMORANDUM

Subject: Restriction of officiating pay under FR 35 – clarification – reg.

The undersigned is directed to refer to the O.M. of even number dated 8th  March, 2010. It is clarified, that the provisions of this O.M. are applicable from the January, 2006, the date from which the revised Pay Scales became applicable.

2. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

3. Hindi version will follow.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India

Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/1_4_2009_Estt_Pay_1.pdf]

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F.No.6/2/2013-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, the 10th December, 2013

OFFICE MEMORANDUM

Sub: Notification for amendment of clause (2) of FR 29

The undersigned is directed to say that the FR 29(2) provided that if a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower time scale, the authority ordering the reduction may or may not specify, the period for which the reduction shall be effective. The Rule 11(vi) of the CCS (CCA) Rules, 1965 relating to this penalty was earlier amended vide the Notification No. F.11012/2/2005-Estt (A) dated the 2nd February, 2010. Vide the Notification No.G.S.R. 263 dated 27th October, 2013 published in the Gazette of India the FR 29(2) has now been amended, in line with the amended CCS (CCA) Rules, 1965, as follows:

“(2) If a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower scale, the authority ordering the reduction shall specify —

(a) the period for which the reduction shall be effective; and

(b) whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent.

(3) The Government servant shall regain his original seniority in the higher service, grade or post on his restoration to the service, grade or post from which he was reduced”.

2. All the Ministries / Departments are requested to bring the contents of the afore mentioned amendment to the notice of all concerned for information and compliance.

3. Any existing provisions in Disciplinary Rules not in consonance with the above may be amended so that they are not in conflict with the Fundamental Rules.

sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Government of India

Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_2_2013-Estt.Pay-I-10122013.pdf]

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

New Delhi, the 27th October, 2013

G.S.R. 263 :-In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely:-

1. (1) These rules may be called the Fundamental (Amendment) Rules, 2013.

(2) They shall come into force on the date of their publication in the Official Gazette. In the Fundamental Rules, 1922 in rule 29, for clause (2), the following clauses shall be substituted, namely :-

“(2) If a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower scale, the authority ordering the reduction shall specify –

(a) the period for which the reduction shall be effective; and

(b) whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent.

(3) The Government servant shall regain his original seniority in the higher service, grade or post on his restoration to the service, grade or post from which he was reduced”.

[F. No. 6/2/2013-Estt. (Pay-1)]
MUKESH CHATURVEDI, Dy. Secy.

Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/6_2_2013-Estt.Pay-I-27102013.pdf]

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While answering to a question in Parliament today on 22nd August 2013, the Minister of Personnel, Public Grievances and Pensions Shri. V.Narayanasamy told that “At present there is no proposal to increase the age of retirement of Government employees”.

He also included, as per fundamental Rules 56(a) except as otherwise provided, every Government servant shall retire on attaining the age of 60 years.

The formal announcement about this proposal was looked to be declared, a week before. Now, it has been denied once again by the Central Government in Parliament to not pursue the policy of increasing the age of retirement of Central Government staff.

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