CHAPTER II – Definitions

2.1       Unless there be something repugnant in the subject or context, the terms defined in this chapter are used in these rules in the sense here explained.

2.2       Accountant-General means the head of the office of audit and accounts subordinate to the Comptroller and Auditor-General of India, who keeps the accounts of the Punjab State and exercises audit functions in relation to those accounts on behalf of the Comptroller and Auditor-General of India.

Note. - This definition covers also the term “Audit Officer”.

2.3       Active service for the purpose of pension, includes besides time spent on duty in India :-

(i)                  Leave of all kinds except extraordinary leave other than that extraordinary leave counted towards increment under rule 4.9(b).

(ii)                The period of absence from India of a Government employee deputed or detained out of India on duty.

Note - Disability leave under rule 8.124 is included in “Active Service.’

2.4       Actual Traveling expenses means the actual cost of transporting a Government employee with his domestic servants and personal luggage, including charges for ferry and other tolls, if paid, and for carriage of camp equipment, if such is necessary.  It does not include charges for hotels or travelers’ bungalows or refreshments or for the carriage of stores or conveyances or for presents to coachmen and the like; or any allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of additional domestic servants and the like.

2.5       Age -   The day on which a Government employee retires or is retired or is discharged or is allowed to resign from service as the case may be, shall be treated as his last working day.  The date of death shall also be treated as working day.

Note 1.-           Every person newly appointed to a service or a post under Government should at the time of appointment declare the date of his birth by Christian era with confirmatory evidence as far as possible confirmatory documentary evidence such as Matriculation Certificate, Municipal birth certificate and so on.  If the exact date is not known, an approximate date may be given.  The actual date or the assumed date determined under note 2 below should be recorded in the History of Service, Service Book, or any other record that may be kept in respect of the Government Employee’s service under Government and once recorded, it can not be altered except in the case of a clerical error, without the previous orders of Government (see also Annexure A to this Chapter).

Note 2. –(a)     If a Government employee is only unable to state his exact date of birth but can state the year or year and month of birth, 1st July, or the 16th of the month respectively may be treated as the date of his birth.

(b)               If a Government employee is only able to state his approximate age, his date of birth, may be assumed to be corresponding date after deducting the number of  years representing his age from his date of appointment.

(c)                When a Government employee who first entered as a military employee is subsequently employed in a Civil Department, the date of birth for Civil employment should be the date stated by him at the time of attestation or if at the time of attestation he stated only his age, the date of birth should be deducted with reference to that age, according to the method indicated in sub-para (b) above.

Note 3.-           For administrative instructions in respect of alterations in the date of birth see Annexure ‘A’ to this Chapter.

2.6       Apprentice means a person deputed for training in a trade or business with a view to employment in Government service, who draws pay at monthly rates from the Government during such training, but is not employed in or against a substantive vacancy in the cadre of a department.

2.7       Omitted.

2.8       Omitted.

2.9       Cadre means the strength of a service or a part of a service sanctioned as a separate unit.

2.10     Camp equipage means the apparatus for moving a camp.

Note.- “Camp equipage” is essentially different from “camp equipment”.  The latter form includes everything necessary to a Government employee to enable him to live in a Camp.

2.11     Camp equipment means tents and the requisites for pitching and furnishing them or, where tents are not carried, such articles of camp furniture as it may be necessary in the interests of the public service for a Government employee to take with him on tour.

2.12     Omitted.

2.13     Compensatory allowance means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed.  It includes traveling allowance, dearness allowance but does not include a sumptuary allowance nor the grant of a free passage by sea to or from any place outside India.

Note-  See the explanation and note 1 under rule 2.52.

2.14     Competent authority in relation to the exercise of any power means the Administrative Department concerned of Government acting in consultation with the Department of Finance, or any other authority to which such power may be delegated by or under these rules.  A list of authorities which exercise the powers of a competent authority under the various rules is given in Chapter XV.

2.15     Day means a calendar day, beginning and ending at midnight; but an absence from headquarters which does not exceed twenty-four hours, shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends.

2.16     Duty  (a)           Duty includes :-

(1)               service as a probationer or apprentice, provided that service as a probationer is followed by confirmation; provided further that, in the case of apprentice, on confirmation either in the post for which he was undergoing apprenticeship or in any other post, he can not count his apprentice period for leave as if it had been service rendered substantively in a permanent post.

(2)               Joining time; and

(b)               A Government employee is also treated as on duty under the circumstances specified in the schedule to this Chapter. (See pages 15 – 18)

Note. -      No leave of any kind can be treated as duty for the purpose of any rule unless the contrary is expressly stated therein.

2.17     Family means a Government employee’s wife or husband, as the case may be, residing with the Government employee and legitimate children and step children residing with and wholly dependent upon the Government employee.  Except in rules 2.59, 2.82, 2.83, 2.86 and 2.87 of the Punjab Civil Services Rules,      Volume III (Traveling Allowance Rules), it includes in addition parents, sisters and minor brothers, if residing with and wholly dependent upon the Government employee and also the widowed sisters residing with the wholly dependent upon the Government employee : provided their father is either not alive or is himself wholly dependent on the Government employee.

Note 1 The term “legitimate children” in this rule does not include adopted children except those adopted under the Hindu Law.

Note 2 The term “Child” or Children” used in this rule includes major sons and married daughters including widowed daughters so long as they are residing with and wholly dependent on the Govt. employee”.

Note 3 Not more than one wife is included in the term family for the purpose of these rules.

Note 4 An adopted child shall be considered to be a legitimate child, it under the personal law of the Government employee, adoption is legally recognised as conferring on it the status of a natural child.

Note 5 A person in receipt of a gross pension (including temporary increase in pension and pension equivalent of death-cum-retirement gratuity) not exceeding Rs.100 per menses but otherwise dependent on and residing with the Government employee shall be considered a member of his/ her family for the purposes of rules 5.3 and 5.5 of these Rules.

 

2.18     Fee means a recurring or non-recurring payment a Government employee from a source other than the Consolidated Fund of India or the Consolidated Fund of a State (including the Punjab State), or the Consolidated Fund of a Union Territory whether made directly to the Government employee or indirectly through the inter-mediary of Government, but does not include:

(a)                unearned income such as income from property; dividends, and interest on securities; and

(b)               income from literary, cultural artistic, scientific or technological efforts and income from participation in sports activities as amateur.

2.19     Department of Finance means the Department of Finance of the Punjab Government.

2.20     First appointment includes the appointment of a person not at the time holding any appointment under Government, even though he may have previously held such an appointment.

2.21     Foreign service means service in which a Government employee receives his pay with the sanction of Government from any source other than the revenues of the Union or State Government or a Union Territory.

2.22     A Gazetted Government employee is one who is a member of an All-India, Specialist or State Service Classes I and II, or a person appointed in accordance with the terms of a contract or agreement and whose appointment is gazetted by Government and any other Government employee holding a post which may be declared to be a gazetted post by competent authority.

2.23     General revenue include the revenues of the Union Government or of State Government and exclude the revenues of a Local Fund.

2.24     Government means the Punjab Government in the Administrative Department.

2.25     Head of Department means the authority shown in column 5 of Appendix C to the Punjab Budget Manual in respect of the Government employees whose pay is charged to the corresponding head of account in column 2 of that Appendix, with the following exceptions:

(1)               Governor is Head of the Department with respect to himself and his personal staff.

(2)               Commissioners are Heads of Departments with respect to the Government employees other than the members of the Indian Administrative Service and the Punjab Civil Service whose pay is charged to the group heads “Commissioners” and “District Administration.”

(3)               The Conservators of Forests are Heads of Departments for all ministerial Government employees, Forest Rangers, Deputy Rangers, Foresters, Forest Guards and Class IV Government employees and other employees serving in their circles.

(4)               Any other authority specially appointed by the competent authority to exercise the powers of a Head of Department.

2.26     Heads of Offices means the authorities defined as Disbursing Officers in rule 2.16 to the Punjab Budget Manual or any other Government employee declared to be the head of an office by competent authority.

2.27     The Headquarters of a Government employee are :-

(a)                if he is attached to the Secretariat offices of the Government; the headquarters for the time being of the Government; and

(b)               in other cases, the station which has been declared to be his headquarters by competent authority or, in the  absence of such declaration, the station where the records of his office are kept.

2.28     Hill station means any place which a competent authority may declare to be a hill station.

2.29     Holiday mean :-

(a)                a holiday prescribed or notified by or under section 25 of the Negotiable Instruments Act, 1881; and

(b)               In relation to any particular office a day on which such office is ordered, by notification in the Gazette or otherwise to be closed for the transaction of Government business without reserve or qualification.

Note. -      This term does not include “local holiday” which may be granted at the discretion of Head of Offices: provided there are no arrears of work, nor such merely discretionary holidays as the last Saturday of each month.

2.30     Honorarium means a recurring or non-recurring payment granted to a Government employee from the Consolidated Fund of India or the Consolidated Fund of a State (including the Punjab State) or the Consolidated Fund of a Union Territory as remuneration for special work of an occasional or intermittent character.

Note 1. -          No honorarium should be paid in respect of any work which can fairly be regarded as part of the legitimate duties of the Government employees concerned.

Note 2. -          It is one of the liabilities of Government employees to have to work outside office hours in exceptional times and circumstances.  No honoraria should ordinarily be given on this account, but continuous working out of office hours may justify a claim to honoraria or to special pay.

Note 3.-           No honoraria should be paid to Government employees for attending meetings of boards and committees financed wholly or partly from Government revenues.

Note 4.-           No honorarium should be granted to gazetted officers engaged on work in connection with the setting up of companies, corporations, etc. which forms a part of their normal duties even if they work beyond office hours.

2.31     Omitted.

2.32     Joining time means the time allowed to a Government employee in which to join a new post or to travel to or from a station to which he is posted.

2.33     ‘Leave on half pay’ means leave on salary equal to half pay, as regulated by rule 8.122.

2.34     Leave salary means the monthly amount paid by Government to a Government employee on leave as determined in Rule 8.122.

Note 1.-           The leave salary of a military officer, who is granted rent-free quarters and thereby foregoes lodging allowance.  In lieu thereof, shall, if he given up such quarter before going to leave, be calculated as though he had been drawing during the period of occupation, the lodging allowance to which he would otherwise have been entitled.

Note 2. -          Omitted.

Note 3. -          Omitted.          

Note 4. -          Omitted.

Note 5. -          Omitted.

Note 6. -          Omitted.

Note 7. -          Omitted.

Note 8. -          For interpretation of the expression “pay, which the Government employee would have drawn if on duty in India’ appearing in note 2 below rule 8.123, see note 4 below rule 6.2.

Note 9. -          A Civil Officer undergoing military training is not a Military Officer as defined in rule 2.39.  Consequently, in calculating leave salary in this case, the pay which he would have drawn during the period of training, had he not proceeded on training, should be taken into account.  Similarly, a civil Government employee belonging to the Indian Army Reserve of Officers when called to Army Service or such a Government employee belonging to the Indian Territorial Force.  While undergoing training with such a force is not a “Military Officer” as defined in rule 2.30 and in his case “pay” as defined in rule 2.44 (a) does not include ‘rank pay’ (received during the period of Service in the Army).  In such case, the pay which the Government employee would have received, if he had not been called to Army service and not the ‘rank pay’ actually drawn during that period should be taken into account for purposes of calculating leave salary under this rule.

Note 10. -        Also see rule 8.122 and note thereunder.

2.35     Lien means the title of a Government employee to hold substantively, either immediately or on the termination of a period of absence, a permanent post, including a tenure post, to which he has been appointed substantively.

Note. -             In the case of a Government employee who holds no lien on any appointment except that which it is proposed to abolish, the correct practice in deciding the exact date from which the appointment is to be abolished, would be to defer the date of abolition up to the termination of such leave as may be

2.36     Local Fund means:-

(a)                revenues administered by bodies which by law or rule having the force of law come under the control of Government, whether in regard to proceedings generally or to specific matters such as the sanctioning of their budgets, sanction to the creation or filling up of particular posts, or the enactment of leave, pension or similar rules; and

(b)               the revenues of any body which may be specially notified by the competent authority as such.

2.37     Migratory Government employee means a Government employee who is required to move with the Government to the hills during the summer months.

2.38     Military Commissioned Officer means a commissioned officer other than a departmental officer.  It does not include a warrant officer.

2.39     Military officer means any officer falling within the definition of Military Commissioned Officer, or included in rule 2.38 above, or any warrant officer.

2.40     Ministerial employee means a Government employee belonging to State Service, class III, whose duties are entirely clerical and any other class of Government employees specially defined as such by general or special order of the competent authority.

Note. - Those members of Class II service whose duties are predominantly clerical shall be classed as Ministerial employees for the purpose of this rule.

2.41     Month means a calendar month.  In calculating a period expressed in terms of months and days, complete calendar months should be calculated and the odd number of days added thereto.  Illustrations;


(a)        to calculate 3 months and 20 days on and from the 25th January the following method should be adopted :-

 

Y

M

D

25th January to 31st January

0

0

7

February to April

0

3

0

1st May to 13th May

0

0

13

 

0

3

30

 

(c)                the period commencing on 30th January and ending with the 2nd March, should be deemed as 1 month and 4 days as indicated below :-

 

Y

M

D

30th January to 31st January

0

0

2

February

0

1

0

1st May to 2nd March

0

0

2

 

0

1

4

 

Copy of letter No. 1/15/89-IFP-III/8078 dated 31.8.89 from Government of Punjab, Department of Finance, Personnel-III Branch to the Head of the Deptt. Registrar, Punjab & Haryana High Court Commissioners of Divisions Distt. & Session Judges and the Deputy Commissioners in the state and others.

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Sub:-    Labialisation of pensionary benefits of the State Government pensioners on the recommendations of the Third Pay Commission.

                                                                        ----

I am directed to invite a reference to the subject noted above and to state that the State Government on the recommendations of the Third Pay commission, has revised the pay scale of its employees with effect from 1st January, 1986.  The recommendations of the pay commission with regard to various pensionary benefits to state Government pensioners had been engaging the attention of the State Government for some time past-.  After careful consideration of the matter, the President of India is pleased to revise/ modify/ grant various pensionary benefits to its pensioner as indicated in the succeeding paragraphs :-

Date of Effect:-

 

            The  Pensionary benefits shall be effective with effect from 1st January, 1986, except those whose different dates have been specifically indicated.

 

2.1              Emoluments and other employments:-

 

The term ‘emoluments’ for the purpose of calculating various retirement and death benefits shall include Basic Pay as defined in Rule 2.44 (a) (I) of Punjab Civil Services Rules, Volume-I, Part-I, Special Pay including N.P.A. (Non Practicing allowance) Personal Pay and Dearness Pay (as and when Dearness Allowance is treated as Dearness Pay) which the Government employee was drawing at the time of his/ her retirement.

 

2.2              The average emoluments shall be determined on the basis of the emoluments (as defined in Para 2.1 above) drawn during the last ten months of service.

 

2.3              The average emoluments of those employees who retire within 10 months from the date of coming over to revised scale of pay shall be calculated as follows :-

 

i)                    For the period during which pay is drawn in pre-revised scales.

 

Basic pay, Personal Pay, if any special pay including NPA plus actual D.A. adhoc D.A. admissible upto CPI 608 in the unrevised scales and I.R. (Interim Relief),  If Pay sanctioned with effect from 1st  January, 1986, and

ii)                   For  the period during which pay is drawn in the revised scales.

Basic pay, personal pay if any, and special pay including NPA in the revised scale.

 

 

Service gratuity and pension:-

 

2.1              Where qualifying service is less than 10 years (20 half yearly the service gratuity shall be calculated at the uniform rate of half months emoluments for every completed six month period of service.

 

2.2              Pension shall be computed at the rate of 50% of average emoluments instead of the existing formula based on slab system there shall be no change in the existing provisions regarding admissibilties of full pension on a qualifying service of 33 years.   In case the qualifying pension is less than 33 years, the pension shall first be computed at 50% of average emoluments and then it will be proportionately reduced.  If the pension so computed falls short of Rs.375/- the same will be raised to Rs.375/- in all cases, that is the minimum basic pension shall be Rs.375/- per month w.e.f. 1.1.1986.

 

In case where the pensions of the pensioners who have retired on or after 1st January, 1986 upto the date of issue of these orders got reduced on computation with reference to revised scales formula than the pension admissible on the basis of unrevised scales/ old formula shall be protected.

 

The pensions of pre 1st January, 1986 pensioners shall also be recomputed at the rate of 50% reckonable emoluments for pension if the same become beneficial to them.  While recalculating the pension at the rate of 50% of average emoluments of pre- 1st January, 1986 additional pension admissible vide letter No.38/52/80-6FR/11687 dated 22nd December, 1980 shall not be taken into account.

 

Retirement Gratuity/ Death Gratuity:-

 

4.1              The maximum limit of Retirement-Gratuity has been raised from Rs.50,000/- to Rs.1,00,000/- other existing provisions relating to it shall remain unchanged.

 

4.2              In the case of death in harness the death gratuity shall be admissible at the rates follows:-

 

Length of service

Rate of Gratuity

 

i)                    Less than one year

 

2 times of emoluments.

ii)                   Year or more but less 5 years

6 times of emoluments.

iii)                 5 years or more but less than 20 years

 

12 times of emoluments.

iv)                 20 year and above :

Half of emoluments for every complete 6 monthly period of qualifying service subject to the maximum of 33 times of emoluments provided that the amount of death Gratuity shall in no case exceeding one lakh rupees.

 

Family Pension:-

 

5.1                The rate of family pension during the 1st 7 years or till the Government employee would have attained the age of 65 years, has he survived which ever is less, shall as follows:-

 

Pay in the revised scale

Rate of Family pension per month

 

i)                    Upto Rs.1500/-

 

60% of pay subject to a minimum of Rs.600/-.

ii)                   Rs.1501 – 3000/-

40% of pay subject to a minimum of Rs.900/-.

iii)                 Above Rs.3000/-

30% of pay subject to a minimum of Rs.1200/-

 

Note. I -           In case husband and wife both are Government employee the maximum family pending in the event of death of both of them shall not exceed Rs.3000/- per month.

Note. II -         The benefit of this family pension formula shall also be allowed to the family as of pre-1st January, 1986 pensioners and pre- I  1st January, 1986 family pensioners, but the additional relief being given separately to pre 1st January, 1986 Family pensioners shall not be admissible on the benefit so accorded.

 

PAY IN THE REVISED SCALE

RATE OF FAMILY PENSION PER MENSUM

i)                    Upto Rs.1500/-

40% of pay subject to a minimum of Rs.375/-.

ii)                   Rs.1501 – 3000/-

30% of pay subject to a minimum of Rs.600/-.

iii)                 Above Rs.3000/-

20% of pay subject to a minimum of Rs.900/- and maximum of Rs.1,500/-.

Note. 1 :-         In case husband and wife both are Government employee the maximum family pension in the event of death of both of them shall not exceed Rs.2250/- per mensem.

Note. 2 :-         The benefit of this family Pension Formula shall also be allowed to the families of pre- 1st January, 1986 pensioners and pre 1st January, 1986 family pensioner but the additional relief  being given separately to pre- 1st January, 1986 Family Pensioners shall not be admissible on the benefit so accrued.

           

6.         The temporary employee shall be treated at par with permanent employees in respect of all retirement benefits viz Retiring Superannuation, Compensation and Invalid Pensions and service and Death cum Retirement Gratuities.

 

2.                  The entire Service rendered by an employee as work charged as also the service paid from contingencies shall be reckoned towards retirement benefits provided :-

(i)                  such service is followed by regular employment ;

(ii)                there is no interruption in the two or more spells of service or the interruptions fall within condonable limits and.

(iii)               Such service shall be a full time job (and not part time) or portion of the day.

3.                  The Government employees who are declared invalid shall be granted a weightage of 5 years in their qualifying service from pension and if the qualifying service after the grant of this weightage remains below 10 years the same will be raised to 10 years and the employee concerned shall be granted proportionate pension subject to a minimum of Rs.375/- per mensem.

TRAVEL CONCESSION:-

4.                  All the pensioners shall be granted Travel Concession equal to one month’s basic pension after completion of every block of two years.  This decision will be effective from 1st January, 1989.

For the purpose calendar year will start from January of the year succeeding full two years after retirement.  The travel concession shall be payable in the month of January only.  Thus the pensioners who had completed their 1st block of 2 years on 31st December, 1988 are entitled to payment on account of travel concession in January, 1989 and there after completion of  every block of two years.  Similarly the pensioners who completed/ will complete a period of two years after their retirement on or after 1st January, 1989 and upto 31st December, 1989., shall be entitled for payment in January, 1990 and there after completion of every block of two years from the date of retirement and seen and so forth.

5.                  The pensioners and family pensioners who completed 70 years or 80 years of age shall be granted with effect from the month succeeding the month on which they attain 70 or 80 years age, Special allowance compensate them for the higher expenses attendant with old age at the rates given below:-

i)                    On completion of the age of 70 years.

5 % of basic pension

ii)                   On completion of the age of 80 years.

10% of basic pension inclusive of (1) above.

 

The pensioners and family pensioners who have completed 70 years or 80 years by 31st August, 1989, shall be eligible for this allowance with effect from 1st September, 1989.

                        The allowance shall not count for purpose of grant of dearness relief.

6.                  It is requested that pension of pensioners including the recipients of family pension may be calculated/ re-calculated in accordance with the above decisions and the pension cases finalised in consultation with the Accountant General, Punjab.

7.                  The relevant provisions of the Punjab & Civil Services Rules, Vol.-II shall be deemed to have been amended to the extent of the provisions of this letter.  Formal amendments to these rules will be notified in due course.

8.                  Please acknowledge its receipt.

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2.42     Officiate. -        A Government employee officiates in a post when he performs the duties of a post on which another person holds a lien.  A competent authority may, if it thinks fit, appoint a Government employee to officiate in a vacant post on which no other Government employee holds a lien.

2.43     Overseas pay means pay granted to a Government employee in consideration of the fact that he is serving in a country other than the country of his domicile.

2.44     (a)        Pay means the amount drawn monthly by a Government employee in the scale of pay of the post held by him, or to which he is entitled by reason of his position in a cadre and  includes any other emoluments which may specifically be classed as part of pay by the competent authority.

(i)                  the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre; and

(ii)                overseas pay, technical pay, special pay and personal pay, and

(iii)               any other emoluments which may be specially classed as pay by the competent authority.

Note 1. -          Judicial pay has been classed as pay under rule 2.44 (a) (iii).

Note 2. -          If language allowances are lump sum allowances, they will be dealt with under rule 5.55.  If they are recurring payments they will fall under the head “pay” under clause (a) (iii) of this rule.

Note 3. -          A Civil Officer undergoing Military training is not a Military Officer as defined in rule 2.39 and in his case “Pay” as defined in rule 2.44(a) does not include ‘rank pay’ received during the period of training.

2.45.    Pension. -         Except when the term, “pension” is used in contradistinction to “Gratuity”, pension includes Gratuity.

2.46.        Permanent post means a post carrying a definite rate of pay and sanctioned without limit of time.

2.47.        Personal pay means additional pay granted to a Government employee:-

(a)                to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; or

(b)               in exceptional circumstances, on other personal considerations.

Note. - No case will be entertained which is not of an entirely exceptional character; and in submitting cases for the grant of personal pay, this should be carefully borne in mind.

2.48.        Presumptive pay of a post. -   When used with reference to any particular Government employee, means the pay to which he would be entitled if he held the post substantively and were performing its duties; but it does not include special pay unless the Government employee performs or discharges the work or responsibility, on consideration of which the special pay was sanctioned.

2.49     Probationer means a Government employee employed on probation in or against a substantive vacancy in the cadre of a department.  This term does not, however, cover a Government employee who holds substantively a permanent post in a cadre and is merely appointed “on probation” to another post.

Note 1.-           The status of a probationer is to be considered as having the attributes of a substantive status except where the rules prescribe otherwise.

Note 2. -          No person appointed substantively to a permanent post in a cadre is a probationer unless definite conditions of probation have been attached to his appointment, such as the condition that he must remain on probation pending the passing of certain examinations.

Note 3.-           The provisions of this rule and note 2 above are to be taken as complementary and not as mutually exclusive.  Taken together, they contain the essence of the tests for determining when a Government employee should be regarded as a probationer, or so merely ‘on probation’ irrespective of whether he is already a permanent Government employee or is merely a Government employee without a lien on any permanent post.  While a probationer is one appointed in or against a post substantively vacant with definite conditions of probation, a person on probation is one appointed to a post (not necessarily vacant substantively ) for determining his fitness for eventual substantive appointment to that post.  There is nothing in thus rule to prevent a Government employee substantive in one cadre from being appointed (either through selection by a departmental committee or as a result of competitive examinations are prescribed.  In such a case the Government employee should be treated as a probationer and (subject to specific rules, if any, to the contrary) allowed only as initial and subsequent pay the rates of pay prescribed for the probationary period, irrespective of whether these rates are actually included in or shown separately from the time-scales of the services concerned.  The case of Departmental candidates of the same department promoted by selection is, however, different.  If the Department of the Government of Punjab  concerned consider it expedient, these ‘promoted’ men may properly be put ‘on probation’ for a period to see if they make good in the actual work of the post to which they are promoted and have liens (active or suspended) retained for them on their former posts meanwhile to provide for their possible reversion; whatever the departmental arrangements be to test their capacity etc., during the ‘on probation’ period their initial pay should be fixed under the operation of the normal rules regulating pay fixation.

2.50     Public conveyance means a train, steamer or other conveyance which plies regularly, though not necessarily at fixed intervals, a regular course for the conveyance of passengers and does not deviate therefrom according to the wishes  of passengers.  Cabs, cars and horses are not regarded as public conveyances.

2.51     Omitted.

2.52     Special pay means an addition, of the nature of pay, to the emoluments of a post or of Government employees, granted in consideration of :-

(a)                the specially arduous nature of duties;

(b)               a specific addition to the work or responsibility and includes non-practicing allowance granted to doctors in lieu of private practice.

Explanation. - The circumstances which justify the grant to a Government employee of special pay are entirely different in character from those which justify the grant of a compensatory allowance, a difference emphasised in the definition of those terms embodied in rules 2.13 and 2.52.  These definitions should be strictly construed and an exact compliance required with the conditions stated in them as antecedent to the grant of either special pay or compensatory allowance.  There is no necessary inter-dependence between special pay and compensatory allowance.  It is not the intention of the rules either that where the cost of living would justify the grant to a Government employee of a compensatory allowance, he should be rendered ineligible for such allowance, because he has already been granted special pay in recognition of the duties and responsibilities of his post, or that if the attachment of special pay to a post is justified under the terms of the rules, it should be subject to reduction because for reasons essentially different, a compensatory allowance as defined in rule 2.13 is subsequently granted.

Note 1. -          The reasons for the grant of a special pay and compensatory allowance should be recorded in the sanctioning order so that their classification may be duly watched in audit.  In cases in which an official record in an open letter is considered undesirable, it should be possible to communicate the reason confidentially to the Accountant-General.

Note 2. -          When special pay has been sanctioned in the form of a portion or percentage of pay in the ordinary line and the pay in the ordinary line includes an element of sterling overseas pay, such special pay should be determined as follows: -

(a)                the special pay is admissible on the sterling overseas pay as well as on the rupees basic pay;

(b)               the special pay must be expressed and drawn wholly in rupees;

(c)                the sterling overseas pay should for the purpose of calculating the special pay be converted into rupees at the rate of 5.27 new pence to the rupee or the rate in force from time to time.

Note 3. -          A provision in the contract of a Government employee appointed to a particular post that he should “also do all things that may be required of him” does not contemplate his being required to perform onerous additional duties in another post without remuneration.

 

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