J&K CIVIL SERVICES REGULATIONS (CSR)

DICTATED BY SHRI MOHD RAFIQ, FORMER UNDER

SECRETARY J&K GOVERNMENT

CHAPTER-I

Q 1. Explain the relevant provisions of CSR in respect of changing or

interpreting rules?

Ans: The J&K CSRs is relating to the conditions of service of

Government employees working in different departments. It came into
the existence in the year 1956. It defines the conditions under which
salaries, leave, pension, traveling or other allowances which are
earned during the service in the civil departments and in what manner
these benefits are calculated.

It also takes care of duties and responsibilities of Govt.

employees including their recruitment and promotion from time to
time.

In course of time, some new rules & regulations have been

incorporated in it or some irrelevant rules which have lost its validity
and creditability where either deleted or modified in accordance with
the changes in the administrative set-up and ground situation.

The Government reserves the right of changing and cancelling

rules in these regulations and interpreting the meaning in case of any
dispute.

It has also right of granting concessions outside the rules in

cases where the rules operate harshly or unfairly.

Q 2. What are the various provisions of CSR which apply to various

claims of an officer?
Ans: The Government employees appointed in various Civil
departments from time to time either on Gazetted or non-Gazetted
service shall have to be their right to claim. These are:-

(i) Wages in the shape of pay & allowances for the period they
worked which should be paid to them in accordance with the
rules enforce at that time.

(ii) Leave by the rules operative at that time and the leave applied
for and granted.

(iii) Pension to the extent for which he shall be found eligible by the
rules in vogue at the time when the officer/official retires,
resigns or is discharged from the service of the Government but
he/she shall not be entitled to concessions withdrawn before or
made after his/her resignation or discharged.

(iv) Traveling allowance as per the rules enforce at the time the
journey undertaken by him.

Q 3. Define the following terms as per the provisions of CSR?

(i) Substantive Pay & Pay.

(ii) Pay & Salary.
(iii) Deputation.
(iv) Special Pay & Personal Pay.
(v) Initial appointment & initial Pay.
(vi) Temporary Post & Tenure Post.
(vii) Permanent appointment & Temporary appointment.
(viii) Quasi Permanent.
(xi) Probationer and On Probation.
(x) Subsistence Allowance.
(xi) Identical Time Scale & Same Time Scale.
(xii) Special increment & advance increment.
(xiii) Actual Traveling expenses & Actual expenses.
(xv) Active service & absentee.
(i) Substantive Pay or Basic Pay: Substantive pay/Basic pay as per
Article 27-B of J&K CSR the pay means the pay drawn by the
Government servant in a scale of pay which is held by him in
substantive capacity/permanently.
For example: Mr. X was appointed in the pay scale of 2000-
150-3500 in substantive capacity on 11-10-1993, his pay shall be
fixed as Rs. 2000/- and it shall be termed as substantive pay.

Min. of grade rate of increment Max. of grade

2000 + 150 +3500

Basic pay in the revised pay structure means the pay drawn in
the prescribed pay band plus the applicable grade pay but does not
include any other type of pay like special pay etc.

Pay: As regards pay, it is as per Article 27(a) composed of the

following:-
(i) Substantive pay/officiating pay.
(ii) Special Pay and
(iii) Personal pay or personal allowance.

(ii) Pay & Salary: Pay means as defined above.

Salary means pay and charged allowances. Salary means
(i) Substantive pay.
(ii) Special pay.
(iii) Personal allowance/ pay
(iv) Charged allowance.

(iii) Deputation: The term deputation will cover appointment made by

transfer of in-service Government servant in the public interest
outside his parent department on temporary basis. The deputation may
be from one Govt. department to another of the State Govt. or from a
Govt. department to any Corporation, Company, organization or any
other Government. The deputation period will be two year initially
and extended one year further.
(iv) Special Pay: Special pay means a pay attached to a post in
consideration of complicated nature of work or duties of that post, that
is the post of Secretary in the Secretariat or the post of Deputy
Commissioner or any other post which may be declared by the
Government from time to time (See Art. 27-A of CSR).
(v) Personal Pay/Personal Allowance: As regards personal pay it
means the pay granted to a Government servant to save him from loss
of his substantive pay drawn such as pay due to revision of pay or due
to reduction in his substantive pay or appointment to the next scale
provided. There is no disciplinary action involved.

Important
Example for Personal Pay/Personal Allowance

Q 4. A Govt. servant working substantively in the pay scale of 1760-60-

2600-EB-75-3200 w.e.f 1-5-1992 and was drawing Rs.2600. He was
appointed as probationary Under Secretary on 13-11-1992. Fix his
pay in the pay scale of Under Secretary 2125-75-2800-EB-100-
3600 and also indicate his Date of next increment.

Ans:
New Pay
Date Pay Scale Pay Status
Scale
01-05-1992 1760-3200 2600 2125-3600 Substantively

Pay 2575+25 as personal

13-11-1992 --- --- -do-
allowance or Personal Pay

2650+75=2725 No Personal
01-05-1993 --- --- -do-
pay of Rs. 25.
01-05-1994 --- --- 2650+75=2725 No Personal pay of Rs. 25.
01-05-1995 --- --- 2725+75=2800
(vi) Initial appointment: A person appointed to a Government service for
the first time ordinarily gets minimum of the pay provided in the scale
of pay in which he is appointed.

(vii) Initial Pay: Initial substantive pay of a Govt. servant who is

appointed substantively shall be minimum of the scale. In addition to
this, he will get other allowances also as has been prescribed by the
Govt. The rules may, however, provide for higher start at the time of
initial appointment in lieu of higher qualification.

(viii) Temporary Post: Temporary post means a post carrying a definite

rate of pay sanctioned for a limited period. Such a post can be held in
an officiating capacity.

(iv) Tenure Post: Tenure post means a permanent post which an

individual Government servant may not hold more than a limited
period as in the case of members of PSC.

(x) Permanent appointment: Permanent appointment is an appointment

of a person to the service against a substantive vacancy in the
permanent cadre. The substantive appointment to a permanent post
given to the Govt. servant so appointed a right to hold the post until he
attains the age of superannuation or is compulsory retired or the post
is abolished.

(xi) Temporary appointment: Temporary appointment is an appointment

to a temporary post for a certain specified period gives the Govt.
servant so appointed a right to hold the post for the entire period of
tenure and his tenure cannot be put to an end during the period unless
by way of punishment, dismissal or removal from service. Such a
servant has no right or claim for being appointed by promotion to the
higher post.

(xii) Quasi Permanent: Quasi-permanent means it is a sort of respect to a

accrue the status of Govt. servant, it is necessary that a person should
have continued in service for more than three years. He should have
 also entered into Govt. service within the prescribed age limit,
qualification, work & conduct.

(xii) Probationer: Probationer is a Govt. servant who has been recruited

through competitive test etc. against the quota for direct recruitment to
service. He remains under practical training during his Probation &
does not actually discharge duties of the post for which he is recruited.

(xv) On Probation: The term on Probation is used in relation to Govt.

servant who is appointed to a higher post on probation. Appointment
means the promotion to a probation for a specified period i.e., one
year or two years etc. He discharged all duties of the higher post
during the period and infact his confirmation depends on his
performance of the duties of that post.

Important

Subsistence Allowance: It is an allowance granted vide Article 22-F of

J&K CSR to a Govt. servant under suspension as he is not entitled to any
pay. This allowance is, therefore, given to him to meet the essential
requirements of his family and himself. The amount of this allowance is
equal to fifty percent of the basic pay plus half of the D.A for first six
months of suspension thereafter the same may be increased to 25% of basic
pay plus D.A if the delay in finalization of the case is not attributed to the
Govt. servant or the allowances may be decreased upto 25% of the basic pay
and 25% of D.A if finalization of the suspension case is being delayed due to
the fault of Govt. servant.

Identical Time & Same Time Scale:

Identical Time Scale: Where the minimum rate of increment and the
maximum of two time scales are the same but posts to which these time
scales apply do not belong to the same service or department. These two
time scales are termed as identical time scales.

Same Time Scale: If the time scale of two posts are identical and the post
belong to the same class of service i.e., execution class or Ministerial class,
the time scale are said to be the same time scale.
Special Increment: Special increment is an increment given to promote
small family norms to a Govt. employee who have under taken sterilization
operation. It can be given once in the form of personal pay. It will not be
observed in the future increases in pay either in the same post or on
promotion to higher post. (Refer Article 74 Govt. instruction No.5). Grant of
Special increment is without having any affect on the normal increment
earned by the Govt. servant.

Advance Increment: A competent authority can sanction an advance

increment to a Govt. servant in a time scale of pay for outstanding &
meritorious work. The advance increment can be given.

(a) On acquiring higher qualification.

(b) As reward for persistence and long term outstanding performance. In

the former case the increment is allowed from the date of declaration
of the result and in the later case it is allowed from the date of
sanction. Advance increment can be sanctioned in favour of even the
Govt. employees who have touched maximum scale of pay. (Refer
Article 74, Govt. instruction No.03.).

Actual traveling expenses & traveling allowances: Actual traveling

expenses means the actual cost of transportation for an officer himself, his
family and personal luggage paid by him in connection with his movement
on duty. However, the charges for hotel, dak bungalows or refreshments are
not included therein. (Refer Article 8 of J&K CSR).

Traveling Allowance: Traveling allowance means an allowance granted

to a Govt. servant to cover the actual traveling expenses incurred by him in
traveling in the interest of the Govt. It also includes the charges for boarding
& Lodging (Refer Article 34-D of J&K CSR).

Active Service & Absentee:

Active Service: Active service means time spent on duty besides leave of
absence particularly on earned leave.
Absentee: Absentee means an officer absent from appointment on which he
has a lien, either on leave or on deputation to another appointment whether
permanent or temporary or on Special duty unconnected with his own
appointment or on joining time during transfer to another appointment or
under suspension.

Q 5. Differentiate between basic pay and Salary?

Ans: Basic pay does not include special pay, personal pay, D.A or
any other allowance. It is also called substantive pay. On the other
hand salary means the pay, substantive pay or officiating/acting pay,
special pay, personal pay plus charged allowance.

Q 6. Under what circumstances can a Special pay granted to an

employee? Is the Special pay different from the Substantive pay?

Ans: Special pay means a pay attached to a post in consideration of

especially complicated nature of work or duties of that post i.e., the
post of Secretary in the Secretariat or the post of Deputy
Commissioner. (See Article 27-A of J&K CSR).

As regards the substantive pay it is drawn by the Govt. servant

in a scale of pay which is held by him in substantive capacity. It does
not include Special pay and personal pay etc.

Q 7. Write an explanatory note on the following technical terms:-

(1) Proforma Promotion.
(2) Dies – Non.
(3) Super-numerary post.
(4) Post.
(5) Foreign service.
(6) Family.
(7) Stop-gap arrangement.
(8) Adhoc appointment.

Ans.
 (1) Proforma Promotion: When someone while on deputation
becomes due for promotion in his parent department. He is
allowed the benefit of that and it is called Proforma Promotion.

(2) Dies-Non: means no monetary benefit, means the period not

qualifying for any remuneration.

The Period of Unauthorized absence can be treated as Dies-non

subject to the following conditions (Refer Art.163, Govt.
instruction No. 3 of J&K CSR):-

1. It does not count for pension.

2. It does not count for increment.

3. It shall not count for experience.

4. During Dies-non the concern Govt. servant shall not be

entitled for promotion.

5. The concern shall loose seniority in the Cadre/Category by

the period which is treated as Dies-Non.

6. It does not cause any interruption for leave earned upto the
date of proceeding.

7. It does not cause interruption for the past service qualifying

for pension.

8. It shall not count for expenses.

9. The period of Dies-Non cannot earn any kind of leave.

Supernumerary Post: (Refer article 108-A sub rule 3-BB note IInd Page
139 of J&K CSR).

The term is used in relation to an additional post created for

accommodating a Govt. Servant who had been dismissed, removed or
compulsorily retired but who is re-instated in service on court decision or
orders on his appeal by the competent authority, if this post already stands
filled-up substantively means permanently by another Govt. servant, the
supernumerary post thus so created shall automatically ceased as and when a
substantive vacancy of that scale of pay falls vacant in the department.

Post: Post means:

1. Permanent/Substantive Post.
2. Temporary post.
3. Tenure post.

Foreign Service: It means a service where the Govt. servant receives his
substantive pay from a source other than General revenue of the State.

Family: Family means government servant’s wives, legitimate children

including step children and also his parents, sisters and minor brothers, if
wholly dependent on him and residing with him.

Stop-Gap arrangement: Stop-gap appointments against a regular vacancy

are normally made after clearance by DPC (Departmental Promotion
Committee) but sometimes it may not be expedient in Public interest to wait
for clearance by DPC and in such cases, it is permissible for the appointing
authority to record the reasons and order stop-gap appointments on the
following conditions:-

1. That the Govt. servant is senior & satisfies all the conditions
necessary for the post.

2. That the Govt. servant is appointed to hold the charge of the higher
post in his own-pay and grade.

3. That if the Govt. servant is eventually cleared by the DPC without any
break in the continuity of his temporary stop-gap arrangement, he
shall draw full pay of the post retrospectively.

Adhoc Appointment: If the vacancy is not regular one but only for a
limited period and if there is a provision for making adhoc appointments,
such adhoc appointments may be made without reference to the DPC on
consolidated pay equal to the minimum of the post. Service on adhoc basis
doesnot count for increment.
Q 8. What does HOD means?

Ans: HOD means a Head of the Department or other officer who

submits budget estimates direct to the Secretariat. Refer Article 19-A
(For such list of such officers see appendix “G of J&K Budget
manual”.

Time Scale Pay: Time scale pay means the pay which subject to the good
behaviour and satisfactory work of an officer, rises by fixed and periodically
increments from a minimum to the maximum. (Refer Article 32).

Apprentice: Apprentice means a person selected for training with a view to

employ him in Govt. service. During the period of training he receives such
monthly rate of stipend or pay as may be prescribed by the Govt. (Refer
Article 8-A).

Q 9. What is fee and honorarium? (Refer Article 15-A).

Ans: Fee means a recurring or non-recurring payment made directly

to the Govt. servant in addition to his pay and allowances from a non
government source such as a fee received by a doctor from patients or
fee for setting a question paper by a professor from the University or
college.

Honorarium: Honorarium means a recurring or non-recurring

payment granted to a Govt. servant from the State resources or
remuneration for special work such as reward of Rs. 1000/- received
by police constable from DGP for tracing a criminal etc.

NOTE: The work in consideration of which honorarium is granted

must be special and outside the official duties and it must
not interfere with the discharge of such ordinary duties.

Article 14-B of J&K CSR means Duties.

V.V.I mportant

Q 10. Define the term Duty?

Ans: Government servant is treated as on duty under the

circumstances specified below:-
1. Casual leave.
2. Suspension followed by re-instatement.
3. Service as probationer followed by confirmation,
4. Joining time at the time of transfer.
5. Unavoidable detention on road due to blockade by land-slips,
snow fall etc.
6. Period of training or instructions.
7. Period occupied in attending an obligatory departmental
examination including the time spent to and fro journey.
8. Period of compulsory waiting due to be-lated issue of
adjustment order.
9. Period spent as superintendent, invigilator or for attending
practicals of University examination.
10. A Govt. servant on his return from the leave (other than Casual
or quarantine leave) if detained due to cancellation of air flight
may be treated as on duty upto two days.
11. Employees of medical or veterinary departments are treated on
duty for the period covered for their medical treatment away
from the place of their posting.

Lien: Lien means the title or a right of the Govt. servant to hold
substantively a permanent post including a tenure post.

Pay in the Pay Band: “Pay in the Pay Band” means pay drawn in the
running pay bands as specified in Col. 4 of the first schedule of J&K Civil
Services Revised Pay Rules.

Grade Pay: Grade pay is the fixed amount corresponding to the pre-revised
pay scale specified in Col. 5 of the first schedule of J&K CS Revised Pay
rule.
Revised emoluments: Revised emoluments means the pay in the pay band
plus the Grade pay of a Govt. servant in the revised pay structure.

Controlling Officer: Controlling officer means the intermediate controlling

officer subordinate to a Head of the Department.

Disbursing Officer (DDO): Every Govt. official who draws money on bills
or through cheque from the treasury is a disbursing officer.

Inferior Service: It means any kind of service which may be specially

classed as such by an order of competent authority. A list of such Govt.
Servants is given in schedule 2nd of J&K CSR Volume-IInd.

“Pensionable office or Pensionable Service”: Service is said to be

Pensionable when it qualifies for pension and an office is said to be
pensionable when service therein counts.

General Revenue: General Revenue includes the revenue of the Govt. and
excludes the revenue of Local fund.

Headquarter: The Headquarter of any officer and his establishment are

either the station which has been declared to be his headquarter by Govt. or
in the absence of such order, the station where the records of his or their
office are kept.

Q 11. What is the meaning of the following or what do the rules provide
for :
1. Service
2. Cadre
3. Class
4. Category
5. Grade
Ans:
1. Service: Service means a group of posts declared by Govt. to
be a service. It consists of two types of posts i.e., Gazetted/Non-
Gazetted. It is for the Govt. to sanction rules for these two
services in each department for instance.
 i) J&K Educational Gazetted Service Recruitment
Rules.
ii) J&K Educational (Non-Gazetted Service Recruitment
Rules).

So the gazetted/non-gazetted posts of the department from the

two services of the said department is called Service.

2. Cadre: Cadre means the sanctioned strength of posts of

service, class, category or Grade, permanent or temporarily.

3. Class: Gazetted/Non-Gazetted services of each department are

divided into two classes of employees i.e. 1. Executive Staff. 2.
Ministerial staff.

A Govt. servant working on executive post cannot be

transferred to Ministerial posts and Vice-Versa. An Inspector of Food
& Supplies Department who belongs to Executive class cannot be
transferred as S.O in the office of Director, Food & Supplies.

4. Category: Category is sub-division of Class, the posts of

Inspector, Sub-Inspector, ASI, Head Constable & Constable are
various categories of the executive Class of the Subordinate
service of Police Department. Similarly, SO’s, HA’s, SA’s and
JA’s are the various categories of J&K Secretariat Subordinate
Service Rules.

5. Grade: Grade means the time scale of pay presently or previously

held by the Govt. Servant in the service, class or category.
 ALLOWANCES

Q 12. What are various types of allowances and how these allowances
are relevant for calculation of Salary?

Ans: There are various types of allowances which are granted to the
Govt. Servants from time to time on various occasions as per details
given below:-

1. Subsistence Allowance.
2. Compassionate Allowance.
3. Personal allowance or Personal Pay.
4. Record allowance (Only for Patwaries).
5. Risk Allowance.
6. Compensatory allowance.
7. Local Allowance.
8. Border Allowance.
9. Officiating allowance/Acting allowance.
10. Charge allowance.
11. House rent allowance/Special compensatory allowance.
12. City compensatory allowance.
13. Dearness Allowance.
14. Deputation Allowance.
15. Medical Allowance.
16. Temporary Move Allowance.
17. Traveling Allowance.

01. Subsistence Allowance: Already written.

02. Compassionate Allowance: It is granted to a Government
servant who is removed from service for misconduct or
inefficiency. In such a case no pension can be granted by the
Govt. The amount of this allowance can be upto 2/3rd of the
amount of pension which would have been admissible to him
had he retired on medical grounds. Inefficiency due to old age
or failure to pass a prescribed examination is not treated as
 inefficiency for the purpose of grant of compassionate
allowance.

03. Personal Pay or Personal Allowance: As already done above.

04. Record Allowance: Record Allowance means an allowance granted

to Patwaries of Revenue Department, Incharge of Patwar Halqa to
compassionate them for the expenses on purchase of stationery and
carriage of record and its upkeep.

05. Risk Allowance: Risk Allowance means an allowance granted in

consideration of Special hazards to which a Govt. Servant exposed by
the performance of the duties of his post. This allowance is generally
granted to the employees of the Medical Education/Health
Department.

06. Compensatory/Local Allowance: This Allowance is granted to a

Govt. Servant in consideration of the exceptional Local circumstances
of the Locality in which the Govt. Servant is posted. For instance,
Compensatory Allowance/Local Allowance is given to those who are
posted in Ladakh and Kargil Districts or some specified areas of
Doda, Baramulla Districts etc. (See Article 22-A & Article 41-AA) as
per the rates prescribed by the Government from time to time.

07. Border Allowance: It is allowed in those localities which are situated

within an aerial distance of 8 Kms from the Line of Actual Control.
The distance of 8 Km is satisfied by the concerned Assistant
Commissioner. This allowance is granted on the consideration that the
Govt. servant has to live an abnormal life while working on the
Borders. This allowance is admissible even to Local employees as
also to work charged staff and whole time contingent paid employees.
It is not paid to a Govt. servant who does not reside at the place of his
posting. It is not granted to an employee who is already getting Local
allowance. (See Article 41-BB). (Page 46 of CSR).
08. Officiating/Acting Allowance: A Govt. servant who is appointed to
officiate in a post is granted officiating allowance or Acting allowance
equal to full pay of post i.e., the same pay which he would have
received had he been appointed substantively to the post. In fact, a
substantive holder of the post and an officiating holder of the post
both get the same amount of pay.

Example for officiating allowance:

Q 14. A Govt. servant drawing Rs. 1300/- in the scale of 1000-60-1600
w.e.f. 1-4-1993. He was promoted on officiating basis in the
scale of 1200-80-2000 w.e.f. 1-8-1993. Fix his pay upto 1-8-
1994?
Ans: Article 77-B
Date Scale of Pay Pay Ref.
01-04-1993 1000-60-1600 1300 ---
01-08-1993 1200-80-2000 Notional Increment 60
1360
Stage fixing 80
Basic Pay 1440
01-08-1994 Increment 80
1520

09. Charge Allowance: A Govt. servant can be appointed to a higher post

in his own pay and grade as a stop-gap arrangement because of due to
administrative difficulties. The clearance of DPC/PSC is not quickly
possible. In such an arrangement the Govt. servant continues to get
pay in his lower pay and grade plus something more for holding
charge of the higher post and the something is called as charge
Allowance.

Example for Charge allowance.

Q 15. A Govt. servant was working in the pay scale of 1000-60-
1600 and was drawing RS. 1300 w.e.f. 1-1-1989. He was
appointed to hold charge of a higher post 1200-80-2000 in
 his own pay and Grade on 1-6-1989. Fix his charge
allowance upto 1-6-1990.
Ans.
Date Pay Scale Pay New Pay Status Difference
Scale
1-1-89 1000-1600 1300 1200-2000 Temp.
1-1-89 --- 1300 --- --- ---
1-6-89 --- 1300 1440 --- 140
1-1-90 --- 1360 -do- --- 80
1-6-90 --- 1360 1520 --- 160 (Charge
allowance
1-1-91 --- 1420 1520 --- 100

10. House Rent Allowance: House rent allowance is paid to Govt.

employees under rule IV of the house rent/special Compensatory
allowance.

The employees who apply for Govt. accommodation but are not
provided with such accommodation are entitled to HRA on the rates
as prescribed by the Govt. from time to time.

Employees of the moving department who are not providing

Govt. accommodation at Srinagar/Jammu during the period of move
of offices shall be entitled to the Special compensatory allowance as
per actual amount of rent, if they make their own arrangement at
Jammu/Srinagar subject to certain ceilings prescribed by the
Government.

The allowances shall not be admissible to such of the Govt.

servants who occupy govt. accommodation provided by the Govt. or
those to whom accommodation has been offered by the Govt. but who
have refused it.

12. City Compensatory Allowance (CCA): Refer Article 41-F: State

Government employees posted in various offices/organizations of the
 State Govt. outside the State shall be allowed CCA for meeting the
higher cost of living in certain specially classified cites.

13. Deputation Allowance: This is an allowance given in addition to pay

to a Government servant who is deputed temporarily to work under an
employer other than State Govt. like Corporation, Companies,
Autonomous bodies, Central Govt. or other State Governments.

Deputation Allowance shall be at 5% of basic pay when transfer is

within same station or to a place in his home town or within 13 Kms
radius of his home town. In all other places it shall be 10% of basic
pay subject to the maximum of Rs. 5000/- per month provided the
deputee, he ful fills some other conditions as prescribed in the rules. It
means, it shall be treated as part of pay for purposes of D.A, Leave
Salary and T.A.

14. Medical Allowance: Government servants are given a consolidated

amount of Rs. 300/- per month as Medical allowance to meet day to
day medical expenditure. It is not treated as part of pay for any
purpose. At the time of retirement this allowance count for leave
salary, drawl of D.A, Deputation Allowance, T. A. or any other
allowance.

15. Temporary Move Allowance:(TMA): It is an allowance granted to a

Govt. employee in an office which moves periodically with Head
quarters of the Govt. from Srinagar to Jammu or Vice Versa for the
dislocation caused to them.

16. Traveling Allowance: Traveling Allowance is an allowance granted

to a Govt. servant to cover the actual travel expenses incurred by him
in traveling in the interest of the Govt. service.

NOTE: These allowances excluding officiating allowances and

Charge allowance does not fall for the Calculation of salaries.

17. Dearness Allowance (DA): Dearness Allowance is granted to the

Govt. employees for meeting the increased cost of living due to
inflation. As such the rate of allowance is related to the rate of
 inflation through consumer price index. It is a distinct element of
remuneration and is not treated as pay.

CHAPTER – III

General Rules

Conditions of Age & Health:

Refer Article 35 & 35-B of J&K CSR

Q 16. What are the qualifications and conditions to be fulfilled by a

person for employment in Govt. service? Also State exceptions, if
any, to the General rules in this respect?

Ans: Following are the qualifications and conditions for entry into
Govt. service:-

01. Condition of age.

02. Permanent Resident Certificate of the State (PRC).
03. Medical fitness.
04. Good Moral Character and
05. Academic qualification
06. Not heaving drawn any Loan.

01. Age: The age of a person for appointment on the Ist January of the
year in which competitive examination/Test is held shall not be less
than 18 year or more than 37 years in the normal course, 40 years for
handicapped, Schedule caste and Schedule tribes as well. As for those
who are already in Govt. Service should be 40 years and 48 years for
ex-service men.
The age limit does not apply to officers appointed for specific
period on contract basis or to retrenched Govt. Employees who are
appointed after having been discharged from service as per note 1
Article 37.

02. Conditions of employment: The candidate for appointment should

be a permanent resident of J&K State but in the following cases this
 condition is relaxed. Trade agents Calcutta, Mumbai, Pathankote,
Amritsar can make non Gazetted appointments by appointing non-
permanent residents. Similarly, the Director Information, Trade
Commissioner, New Delhi, Director Tourism and Director
Horticulture Planning can also make some appointments as specified
in the rules when permanent residents of the State are not available in
the offices located outside the State.
The candidate for appointment should be medically fit as per
Article 35 and for that the requisite certificate is to be obtained from a
medical officer.
Similarly a blind, deaf and dumb or orthopedically handicapped
person is required to furnish a certificate from the concerned Head of
the Department of the hospital.
An academic qualification certificate for determining his/her
date of birth is to be produced by the new appointee from any
recognized institution of the State (University & JKBOSE).
No person shall be eligible for appointment unless he proves
that his character and antecedents or such to qualify for the service.
Even a new entrant into Govt. Service should make a
declaration (in Form-A) about his/her having or not having drawn any
loan from the Govt. for the purpose of employment.

Article 35 of J&K CSR. Determination of Age.

Q 17. What are the general rules prescribed for determining the age of
a Govt. servant? (Article 35-AA).

Ans: The date of birth to be entered into the service records of an

official should be that as shown in his university/JKBOSE certificate,
but if he has no university qualification, it should be one that is
entered in his school certificate duly verified as correct by the
Gazetted officer of the Education department. Those who have passed
matriculation examination through J&K BOSE can produce the
certificate of that institution for the purpose of recording of his date of
birth. In the case of those who are required to produce, some
 documentary evidence, if available i.e., horoscope or an extract
properly attested from the Municipal birth register of his date of birth
which shall be recorded by a responsible Gazetted officer in his record
of service.

In case of an illiterate person cannot produce any documentary

evidence of his Date of Birth it will be ascertained by the HOD
provided he is a Gazetted officer or by a superior Gazetted officer or
the case can be referred to the medical Board for identifying the Date
of Birth of the official. The date so ascertained will be recorded in the
service records of the Govt. servant under proper attestation of a
responsible Gazetted officer. In all the cases as mentioned above a
note will be kept under the Date of Birth indicating the source where
from the same has been ascertained.

Q 18. What are the different sources from which the Date of Birth is
to be verified?
Ans: These are:-

1) Where the academicals qualification prescribed for the post is matric

or above, DOB shall be the one as recorded in the matric or the
equivalent issued by the BOSE or any other recognized Board or
University.

2) Where the academical qualification prescribed for the post is below

matric, the DOB shall be the one as recorded in the school Leaving
Certificate issued by the Head Master of the High school or Principal
of Hr. Secondary School.

3) In the case of school leaving certificate issued by the Headmaster of

Govt. Primary school/Middle School etc. and those issued by the
recognized private institutions the same shall be countersigned by the
Zonal Education Officer.

4) Where no academical qualification is prescribed for a post i.e., in the

case of illiterate person who are employed in Govt. Service in
 relaxation of qualification bar, the Date of Birth to be recorded shall
be the one as shown in the extract from birth register issued by

a) Executive officer of the Municipality.

b) Chairman of Notified or Town area Committee.

c) Tehsildar who will issue the certificate on the prescribed form.

In those cases where Date of Birth cannot be ascertained from
any of the above, documentary sources, the Date of Birth to be
recorded in the service book shall be the one as declared by the
Medical Board in the form prescribed for the purpose.

Q 19. How would you record the Date of Birth in the Service book of
Govt. servant? Refer Article 35-AA(B).

Ans: The Date of Birth is to be recorded in the manner as indicated

below:-

i) The DDO shall record the Date of Birth in the service book
specifying the source from which the Date of Birth is
ascertained.

ii) The date of birth recorded in the Service book shall be signed
by the Govt. servant as a token of acceptance. In the case of
illiterate employees their thumb impression shall be obtained
for this purpose.

iii) An attested copy of the matric etc. obtained for this purpose
shall be kept in the service book to serve the purpose of a
permanent record.

Imp

Q 20. What procedure has to be followed for making an alteration or

change in the Date of Birth of a Govt. servant? Refer Article 35-
AA(C).

Ans: i) If the drawing & disbursing officer has recorded the Date of
Birth wrongly in the service book through a clerical error it
 shall be duly explained in the service book and the Date of
Birth shall be corrected under attestation of DDO.

ii) In other cases where the change in the Date of Birth is

considered on some office reasons i.e., not as a result of clerical
error, the DDO is de-barred from making any change in the
service book without sanction of Govt. in the Administration
Department and that too on the condition that the Govt. servant
had made the request for the change within five years from his
entry into Govt. Service and that the proposed change is based
on a genuine/bonafide mistake.

iii) The Govt. however reserves its right to change the Date of
Birth at any time even after five years from the date of entry
into Govt. service, if its established that the Date of Birth had
not been recorded intentionally and incorrectly with the object
of deriving any unfair advantage by the incorrect date of birth.

Q 21. When lien can be retained? Refer Article 37-B.

Ans: A govt. servant retains his lien on a post:-

i) While performing the duties of the post.

ii) While on Foreign Service.

iii) While officiating in a higher post or temporary post.

iv) While on joining time unless lien is transferred to the new post
from the date on which the official is relieved from his duties in
the old post.

v) While on leave except refused leave under Article 66-A.

vi) While under suspension.

vii) When anybody is confirmed in higher grade till than he retains

his lien on the lower post.
Q 22. When lien can be transferred? Article 37-H.

Ans: The lien of a Govt. servant can be transferred to another

permanent post in the same cadre but the pay of such post should not
be lower than the pay of the permanent post on which the Govt.
servant holds a lien.

Lien can be transferred to a lower post only on account of

inefficiency or on the request of the Govt. servant.

Q 23. When lien can be suspended? Article 37-C.

Ans: The lien of the Govt. servant can be suspended from a

permanent post if he is likely to remain absent from his post for 3
years or more due to his:-

1) Deputation to foreign service or

2) Be appointed in officiating or substantive capacity to a tenure

post.

3) Officiating appointment to a permanent post outside the cadre

on which he is born.

4) Provisionally holding a post vacated by another Govt. servant

whose lien on that post has been suspended for the time being.

Q 24. When lien can be terminated?

Ans: The following are the circumstances under which the lien of the
Govt. servant can be terminated:-

a) When a Govt. servant is transferred to a post outside his cadre

is confirmed on that post, his lien of the permanent post in his
parent department shall be terminated. Refer note under article
37-C.
 b) When he is transferred from a tenure post to a permanent post
substantively his lien on the tenure post gets terminated (refer
Article 37-D).

c) When he is appointed to an Autonomous body, he has to resign

and his lien is terminated. Refer Article 37-G.

d) If at the time of transfer, he does not join the new post within
his joining time his lien can be terminated as per Article 106
but if the Govt. considered that his default was due to
circumstances beyond his control, it may exempt from the lost
of appointment.

Q 25. Can a benefit of a promotion be extended to a Govt. servant while

on long leave?

Ans: An officer on long leave has no claim to substantive promotion,

however, the benefit of it can be given to him w.e.f. the date on which
he returns to duty.

If an officer while absent “on short leave” during which he

obtains promotion, substantive or officiating or an increase of pay or
officiating allowance which involves no change in or addition to his
duties or responsibilities, the promotion or increase has effect at once.

Q 26. What do you know about the transfer on duty? Para 41 CSR.

Ans: When a Govt. servant who draws his salary on the salary bill is
transferred from one department/office/station to another, he will
obtain LPC (Last Pay Certificate) in Form FC-8 to enable him to draw
his pay and allowances from the new treasury. The certificate should
be given even when subordinate transferred from one establishment to
another under the same head of the office.

The LPC provides details of deductions for G.P. fund, State

Life insurance, advances etc. The DDO is responsible not only for
entering in the certificate all demands, against the relieving Govt.
 servant but also for passing on a demand of which he may receive
notice subsequently.

Th e LPC of a Govt. servant who is transferred or proceeded

leave should not be issued until the date of handing over the charge.

The details regarding the issue of LPC in connection with the

transfer of duty are laid down in J&K financial code Vol – I as well.

Pay of an officials undergoing training or instructions:

Q 27. How the pay of a Govt. Servant will be regulated who is deputed
to receive training?
Ans: Govt. Servants deputed to receive training in the training
schools, colleges, institution within the state, shall during the period
of such training be entitled to receive their pay which they would have
drawn but for their deputation for such training, no substantive
appointment/promotion shall be made in place of officer/official
deputed for such training.

Govt. Servants deputed to receive training in the training school

within the State, shall be allowed re-imbursement of tuition fee, if
any, paid by them during the entire period of their training.

In service Govt. Employees deputed to training institutions

within the State for refresher course or such other short or long term
courses, and do not form an essential qualification for holding of the
post to which they stand appointed may be allowed training allowance
as prescribed by the Govt. from time to time.

Imp.

Q 28. Training course outside the State but within country?

An. A Govt. servant sponsored by a competent authority for training

course outside the state but within the country shall be governed by
the following terms and conditions:-

1) Full pay for the entire period of training, studies.

 2) TA at tour TA rates at the time of joining the institution and
discharge there form after completion of the course and
resumption of duty. For study tours connected with the training
TA as admissible for tours under rules will be allowed.

3) Tuition fee, if any, payable to the institution shall be paid direct

to them or re-imbursed to the trainee if paid by him.

4) Cost of the prescribed books, if any, purchased during the

training shall be re-imburseable provided the same are
deposited after completion of the training with the HOD from
which the Govt. servant proceeded on training and voucher for
cost of the books are produced.

5) The police trainees undertaking training at various institutions

outside the State for a period of eight weeks shall be provided
board and lodge at the expenses of the department.

Q 29. Advances to Govt. servants and their recovery? Refer Article 42

of J&K CSR.

Ans: Advances are granted for:-

01) Construction, Purchase or Repairs to a house.

02) Purchase of Motor cars, and

03) Purchase of Motor cycles.

There will be admissible to officiating; quasi permanent and

permanent Govt. servant provided they furnish acceptable and
adequate surety in addition to mortgaging their house in lieu of their
Car/Motorcycle to Govt. The HoD in which they are working also
certify that the concerned Govt. servant will continue in service for
sufficiently long period to enable full recovery of the advance together
with interest accrued being effected before termination of his service.
 The LPC granted to a Govt. servant under transfer may specify
the original amount of such advances, the amount repaid and the
balance together with the interest, if any, accrued.

Where both husband and wife are Govt. Employees each one of
them should be allowed to draw the loan in their own right, but the
total amount of the loan should be limited by the cost of construction
of the house and should to exceed this.

No advance shall exceed one and half years pay of the Govt.
servant to whom it is made/paid or the amount as may be prescribed
by the Govt. whichever is greater.

CHAPTER 5

Officiating Allowance

Q 30. What are the limitations prescribed in the rules for making
officiating arrangements?

Ans: A competent authority can appoint a Govt. servant to officiate

in an appointment of which either there is a person holds lien or of
which the holder is an absentee. However, in certain cases as defined
in Article 37-E if a Govt. servants lien on a post is suspended, the post
may be filled substantively and the Govt. servant appointed to hold it
acquire a lien on it provided that the arrangement shall be reversed as
soon as the suspended lien revives.

Instead of appointing an officer to officiate, it is permissible

also to appoint him to be incharge of the current duties of the vacant
appointment in such cases a charge allowance is given as per the
provisions of Article 85 to 87 of J&K CSR.

The officiating allowance shall be allowed to a Govt. servant

who officiates in higher post when the period of officiating will be of
four weeks duration. However, where the period exceeds four weeks
 the allowance admissible under the rules will be paid for the whole
period.

The substitute teachers, Lecturers and Professors employed in

the education department on temporary basis of less than 6 months
duration whose appointment would terminate during the period of
vacation, should be discharged before the commencement of the
vacation. In exceptional cases a relaxation of this rule may e permitted
by the competent authority.

Q 31. What are the conditions prescribed for grant of deputation

allowance? Refer Article 52-D.

Ans: Deputation allowance may not be allowed as a matter of course

in all cases. The deputation from Govt. department/Cadre to another
Govt. department is not qualifying for deputation allowance. The
Govt. servant on deputation to other corporation shall be eligible for
grant of deputation allowance which may e considered as under:-

1) Deputation allowance may be granted when the circumstances of

the posting of a person concern suggest considerable personal
inconvenience or additional expenditure involved which he
normally would have not been required in his parent department.

2) When a person has to be selected for a particular post in such

organization in view of the nature of its responsibilities and duties.

3) When as compared to his normal duty in parent department there is

considerably increase in duties and responsibilities of a person
where on deputation in such organization.

4) Deputation allowance shall be atleast 5% of basic pay when

transfer is within same station or to a place in his home town or
within 13 Kms radius of his home town. In all other places, it shall
be 10% of basic pay subject to a maximum of Rs. 5000/- per
month and fulfillment of some other conditions as prescribed in the
rules. It shall be treated as part of pay for purposes of D.A, leave
salary & T.A.
Q 32. What are the terms and conditions of deputation? Refer Article
57-C.

Ans: All deputation cases involving deputation of Govt. servants to

non-Govt. organizations, Corporations, Companies, Autonomous
bodies etc. within or outside the State or to the Central Govt. or other
State Governments shall be decided by the concerned administrative
department on standard terms and conditions of deputation contained
in the schedule of J&K CSR Vol-II.

In addition to the standard terms, the following conditions shall

be observed by the competent authority in regulating the case of
deputation:-

1) The period of deputation in any case should not exceed three

years. It may, however, be extended further on the request of
borrowing authority.

2) Deputation allowance may be sanctioned by the Administrative

department only after obtaining prior agreement from General
Administration Department.

3) An employee on deputation may elect to draw either the pay in

the scale of pay of the new post as may be fixed under rules or
his basic pay in his parent department whose personal pay, if
any, and deputation allowance. The option once exercised shall
be final. When such an employee received Proforma promotion
in the parent department or is reverted to a lower grade in the
parent department fresh option shall be allowed to him.

4) When a person already on deputation is promoted to higher post

by the borrowing authority the concurrence of the lending
authority should be obtained prior to such promotion. If such
promotion is given to a person, the concern will cease to drop
the deputation allowance. Such promotion shall not however
confer any right on him in the matter of compensation or
emoluments on return to parent organization.
 CHAPTER 7

REGULATION OF PAY AND ALLOWANCES

Q 33. What is increment and how it is earned? Refer Article 72. OR

What do you mean by accrual of increment? OR
Define increment?

Ans: A person appointed in Government service is allowed one

periodical increment in the time scale after completing one year of
service at a particular stage of a time scale. Increment is allowed from
the first of the month in which it falls due. However in the revised pay
structure – 2006 there will be a uniform date of annual increment viz.
on Ist of July every year. Employees completing six months and
above in the revised pay structure as on Ist day of July will be eligible
to be granted the increment. However, the rate of increment will be
3% of the sum of the pay in the pay band and grade pay applicable.
Increment is drawn as a matter of course unless it has been
with-held for misconduct or inefficiency. In such cases also, the
competent authority will indicate the period for which the increment is
to be withheld and weather it will postpone to future increment.

No increment shall be allowed to be drawn during adhoc

service or such service should not be allowed to count for increments
even after regular appointment.

Q 34. Specify the period of service which counts for increment? Refer
Article 78.

Ans: The service of a Govt. servant counts for increment as under:-

1) Active service against the post.

2) Leave with allowances counts for increment.
3) Period of deputation or Foreign Service.
4) Officiating service in another post.
5) Training period of employees who are selected to undergo
training course.
 6) Extra ordinary leave without allowances taken on higher
scientific and Technical studies or illness or some other cause
beyond the control of Govt. servant can count for increments
with the sanction of the Administrative Department.
7) Suspension period not treated as duty can count for increment
only with the sanction of the re-instating authority.
8) Period of undue detention due to road blockade etc. is also
counted for grant of increment.

Q 36. What do you know about with-holding of increment?

Ans: With-holding of an increment is one of the penalty prescribed

by the Rule 30 (iii) of J&K CCA Rules. The competent authority may
impose the penalty of with-holding increment upon a Govt. servant if
his conduct has not been good or work has not been satisfactory or for
any other good and sufficient reasons.

While with-holding increment the competent authority shall

state the period for which it is with-held and whether the with-holding
shall have effect of postponing his future increment. When increment
is with-held by the competent authority for a specified period, after
the expiry of such period the increment will become due form the date
on which it is accorded and not from the Ist of the month as the
normal cases. For example if a Govt. servant was appointed in the
scale of 2200-75-2650-EB-3650 w.e.f. 11-4-1989 and his pay was
fixed Rs. 2200, minimum of the pay. His increment was stopped by
the authority on the grounds that his work was not good for a period
of 2 months w.e.f. 1-1-1990. He will get his increment from 11-6-
1990 and not from 1-6-1990 and order of with-holding the increment
cannot be retrospective. Orders of with-holding the increment may be
speaking one where the increment is stopped the competent authority
must pass orders with reasons.
Q 37. Describe grant of advance increment? Refer Article 74 of J&K
CSR.

Ans: If a Govt. servant is allowed advance increment for some

exceptional work or on acquisition of higher qualification or passing
any examination, the competent authority may sanction an advance
increment to him which can be either drawn from the date of its
sanction or from the date of his normal increment. If the Govt. servant
opts for drawl of increment from the date of sanction the next date of
increment will be after putting in one year service at that stage unless
there is any specific stipulation or mention to the contrary regarding
preserving the old date of increment.

Advance increments can be sanctioned in favour of even those

Govt. servants who have already touched the maximum scale of pay.

Q 38. What do you mean by stagnation increment? Refer Article 74-

CCC.

Ans: If a Govt. servant stagnates at the maximum of time scale, he is

allowed stagnation increment. After every two years of stagnation,
one increment @ last increment of the scale is allowed subject to
maximum of three stagnation increments.

A benefit of stagnation increment is restricted upto the time

scale of RS. 16400-450-20000 as per old rules. A stagnation
increment is treated as stagnation personal pay and is taken into
account for calculation of TA, Leave salary, pension and D.A etc.
This is also taken into account for the purpose of fixation of pay into
the next scale.
Imp.

Q 39. Differentiate between increment and efficiency bar?

Ans: When the work and conduct of an officer remains good and
satisfactory his pay is increased by fixed annual amount known as
increment which is reckoned now @ 3% as per revised pay rules-
2006.

A scale of pay to which Govt. servant is entitled, is described

by three groups of figures namely minimum, increment, maximum for
instance Rs. 500-100-700 means a pay rising from Rs. 500 by a yearly
increment of Rs.100 to Rs. 700. This is known as grade of a post. The
increment becomes due only after the service of full year of a
particular employee, for this purpose the employee, shall have to
apply formally in advance for grant of increment. He has to produce
all the requisite documents speaking about his satisfactory service
during the period in concern.

Efficiency Bar: The scale of pay or grade may prescribe the

Efficiency bar as shown in this grade 2000-60-2400- EB-75-3200-
100-3400. It means that the increment above the bar shall not be given
to the employee without the specific sanction of the competent
authority. This means that further increment to the employee in the
pay scale will be given only after the authority permits to draw the
increment. His service record is to be reviewed with the view to come
to conclusion whether his performance is satisfactory on the basis of
his APRs. While permitting the employee to cross Efficiency bar the
authority has to take into account all the adverse entries on the
confidential report against the employee and decide whether or not the
entries are such as to debar the employee concerned to cross
Efficiency bar.
Q 40. On which occasion the question of pay fixation of Govt. servant
arises?

Ans: It arises:-

1) When a person is appointed to a Govt. service for the first time.

2) When a Govt. servant is promoted from the lower post to higher
post.
3) When a Govt. servant is demoted to lower post on account of
penalty or punishment.
4) When a person who is a Govt. servant appears in an open
competitive examination and qualifies for a Gazetted post.
5) When a person is re-employed in Govt. service.
6) Pay fixation at Efficiency bar.
7) Pay fixation when increment is stopped.
8) Stepping of pay when junior draws more pay than to his senior.
9) Pay fixation at the time of pay revision.

V.I mportant

Q 41. How is the pay of the Govt. servant fixed?

01) On his first appointment.
02) On his promotion.
03) On reversion to lower post.

Ans: There are two kinds of posts under the Govt. i.e.,

1. Posts carrying consolidated pay such as isolated Cadre post.

(see note B of Article 52-A of J&K CSR).
2. Posts carrying time scale of pay (See Article A-71 (a) of J&K
CSR.

When a person is appointed against a post referred to in No. 1

above, he gets a consolidated pay and a person who is appointed on a
post referred to in No.2 above get his pay fixed at the minimum of the
time scale unless some higher start is allowed to him under special
govt. orders.
Example:

If a person is appointed in the time scale of Rs. 1100-150-1300-

200-1900 he will start to get 1100 as minimum of the scale plus other
allowances as are admissible to him under rules.

Similarly, as per revised pay rules of 2006 in the pay band of

Rs. 5200-20200 plus Grade pay of Rs. 1800. The Govt. Servant will
start to get Rs. 5200 plus Grade pay of Rs. 1800 = 7000 p.m. as basic
pay plus other allowances.

2. On Promotion: As per Article 77-B of J&K CSR the pay of

a Govt. servant is fixed as under:-

A) When all three factors of the Grade i.e., minimum, rate of

increment and maximum of the pay scale are upgraded, it falls
under the category of promotion.

B) When two factors are upgraded and third one remains

unchanged it can also be called promotion.

At the time of promotion, the pay is fixed as under:-

i) He gets one notional increment in the lower post, but this is not
allowed when the Govt. servant is already reached or drawing
maximum of the lower pay scale.

ii) The pay arrived at after adding the notional increment in the
pay of the lower post is than upgraded to the next stage of the
higher post.
Example

Q 42. A Govt. servant was drawing Rs. 1300/- in the pay scale of
1000-60-1600 w.e.f. 1-4-1998. He was promoted to the scale
of 1200-80-2000 w.e.f. 1-8-1999, fix his pay.

Ans. 1. Pay before promotion = Rs. 1300/-

2. Add notional increment of lower post = Rs. 60
3. Total of No. (i) & (ii) above = Rs. 1360
4. Promotion benefit of the higher post 1360+80=1440
5. Pay fixed in the higher scale = Rs. 1440/-

Q 43. As per Rule 13 of the revised pay rules – 2006 a Govt.

servant was drawing pay Rs. 5540 in the pay band of Rs.
4440-7440 with the Grade pay of Rs. 1300 = Rs. 6840 w.e.f.
3-7-2010. He was placed in the same pay band w.e.f. 1-1-
2011 to which the Grade pay was fixed to Rs. 1400. Fix his
pay?

Ans.
Date Pay band Grade Pay Pay in the pay band
3-7-2010 4440-7440 1300 5540
1-1-2011 --do-- 1400 ------
i) Pay in the pay band =5540
ii) Grade pay =1300
Total =6840
iii) Add 3% increment = 210
Total = 7045
iv Less grade pay of the old scale =1300
Total =5750
v) Add new Grade pay = 1400
Total =7150
vi) Basic pay in the new scale
vii) Add other allowances
3. On reversion to the Lower post: When a Govt. servant is reverted
from a higher post to the lower post as a major of penalty, he shall get
pay in the lower post to be specified in the order by the authority
ordering his reversion to the lower post, but the rate of pay to be
allowed in such a case should not exceed the maximum of the lower
post. In this connection, please refer regulations in case of reduction at
page 104 of J&K CSR.

Other points which have to be specified in the order of demotion are

given as under:-

1) The order of reversion may specify the period for which the
Govt. servant is reverted to the lower post. The Govt. servant
shall rank at position No. 1 among the employees working in the
lower pay scale for the purposes of his seniority for further
promotion. At the time of his subsequent promotion his pay shall
be fixed under Article 77-B.

2) If the period of demotion to the lower post is specified in the

order of penalty, the Govt. servant shall be automatically
promoted to the higher post immediately after the specified
period is over.

Example.

Q 44. A Govt. servant was appointed in the pay scale of 600-40-

1000 w.e.f. 1-1-1981, he was promoted to the scale of 800-50-
1200 w.e.f.1-1-1982. He has been reverted from higher
grade to lower grade on charge of misconduct in his old
scale of pay 600-40-1000 as a penality as on 1-4-1987.
Competent authority has allowed him pay of Rs. 1050 in the
lower post. Fix his pay.
Ans:

Date Pay Scale Pay New Pay Scale Pay

1-1-1981 600-40-100 -- -- --
1-1-1982 -- -- 800-50-1200 800
 1-1-1983 -- -- -- 850
1-1-1984 -- -- -- 900
1-1-1985 -- -- -- 950
1-1-1986 -- -- -- 1000
1-1-1987 -- -- -- 1050
1-4-1987 -- 1000
The authority ordering reversion had allowed him Rs. 1050 to be
drawn in the scale of 600-40-1000 on the plea that he was drawing that pay
i.e., 1050 in the higher post at the time of his reversion but Article 77-B of
J&K CSR restricts the powers of the competent authority by providing that
the pay should not exceed the maximum of the lower post. So the official
cannot draw pay more than Rs. 1000/- being the maximum of the scale of
Rs. 600-40-1000.

Q 45. How you will fix pay on re-employment of a pensioner?

Ans. The procedure for pay fixation on re-employment as prescribed

in Article 259 (A) is as under:

1) He will get the minimum of pay scale in which he is re-

employed.

2) Plus his pension.

3) If the total of 1 & 2 above works to more than pay drawn at the
time of retirement the excess shall be deducted from the above
and his pay fixed below the minimum of the pay scale in which
he is re-employed.

After one year of service he shall be allowed the lowest rate of

increment and so on after every year of service.
An example:

Q 46. A pensioner was drawing Rs. 2000/- as his pay at the time of his
superannuation on 31-1-1990. The amount of his pension is Rs.
1000. He was re-employed in the pay scale of 1400-70-2100 on 4-7-
1990. Fix his pay on re-employment.

Ans: i) Minimum of pay scale in which he is re-employed as per

Article 259(A) is Rs. 1400.

ii) Amount of pension Rs. 1000/-.

Total of (i) & (ii) above = Rs. 2400/-. His pay on the date of
retirement was 2000 and the total of (i) & (ii) above is Rs. 2400 which
is higher than the pay drawn by him at his retirement by Rs. 400/-.
This excess of Rs. 400/- shall be deducted from the minimum of Rs.
1400 and his pay on re-employment shall be fixed at Rs. 2000/- in the
pay scale of Rs. 1400-70-2100. After one year he will get an
increment of Rs. 70 raising his pay to Rs. 2070 w.e.f. 1-7-1991 as per
proviso of Article 72. The next increment rises to Rs. 2140.

V.I mportant

Q 47. Write a brief note on stepping up of pay?

Ans: When a Govt. servant get promotion to a higher post and his
pay on the higher post gets fixed as per rule, but consequences thereof
he draws more pay than an employee senior to him in the higher post.
The pay of the senior employee may be stepped up to a figure equal to
the pay as fixed to the junior employee in that post stepping up should
be done w.e.f. the date of promotion of the junior employee subject to
the following conditions:-

1) Both the junior and senior employee should belong to the same
cadre and post in which they have been promoted should be
identical and in the same Cadre.

2) The scales of higher and lower posts in which they are entitled
to draw their pay should be identical.
 3) The pay anomaly should be directly as a result of the fixation of
pay of the junior promoted to higher post. In the lower post the
junior was getting a higher grade of pay by virtue of fixation of
pay under rules due to any advance increment, stepping up
cannot apply in such cases to set up the pay of senior employee.
The next increment of the senior official/officer whose pay has
been stepped up will become due on completion of one full
incremental period from the period of re-fixation. While
submitting such cases the following documents should be
enclosed with the case.

i. Original service book/Photostat copy of service book of

Junior/Senior employee duly attested by the concerned
DDO.

ii. Pay fixation statement on prescribed Proforma of pay

revision from 2006 onwards and in-situ promotion duly
checked by DDO and countersigned by the Financial
Advisor/Chief Accounts Officer who shall certify that the
pay fixation of Junior/Senior official has been examined and
found correct.

iii. The anomaly crept in between the junior/senior are working

in the same scale and belong to same Cadre and shall be
clearly highlighted.

iv. The pay anomaly is directly attributed to Article 77-B.

Q 48. Write a brief note on Service Record/Service Book? Refer Article

265 & 268 (A). Treasury form No. 60.

Ans: A service book is supplied to every officer on his first

appointment in which every step in his official life should be
recorded. It should show changes in pay, leave taken, promotion,
transfer, deputation and suspension and other interruptions in service
in details fully attested by the Head of the Department. Most
 important is the Date of Birth of the Govt. servant which should be
recorded with due care at the appropriate level/place.

The service book should be kept in the custody of HOD under

whose signature the monthly pay bill of the establishment paid from
the treasury. When an employee is transferred to another office, his
service book should be sent to the HOD of that department through a
registered post and not made over to him. The Service book should
not be made over to the Govt. servant concerned on his retirement or
his discharge or his resignation. However, there is no objection if he
wants to keep a duplicate copy of his Service Book with himself. It
may contain all the entries as in the original Service Book duly
attested. In the event of loss of original Service book, duplicate
thereof if available and in order may be made use of.

Q 49. How to fix pay of an employee who is getting maximum of the

Grade in the lower post and promoted to the next higher grade?
Example: A Govt. servant is drawing Rs. 1600/- in the scale of 1100-
50-1600 w.e.f. 21-4-1993, he was promoted to the scale of Rs. 1260-
60-1800 w.e.f. 16-9-1993. Fix his pay upto 1-9-1994?
Ans.

Date Grade Pay fix 1600

21-4-1993 1100-50-1600 1600 60-40=20
16-9-1993 1200-60-1800 1620 1660
01-9-1994 --- 60 60
1680 1720+60=1780
(Under proviso 2 of Article 77-B). + 60=1840

NOTE: He is already drawing the maximum of Rs. 1600/- in the

lowest scale and there is no scope for grant of notional increment as
per proviso 2 of Article 77-B. He shall therefore get only one benefit
on promotion i.e., raising his pay to the next stage of the higher stage
i.e., Rs. 1620/-.
 CHAPTER 9

REFER ARTICLE 91 OF J&K CSR

Imp.

Q 52. What procedure has to be followed for regulating the joining time
in respect of Govt. servant? OR Define the term Joining Time.
How is it regulated?

Ans: Joining time is the time allowed to a Govt. servant who is

transferred from one station to another in public interest. No joining
time is allowed when a Govt. servant is transferred either on the basis
of a complaint against him or on his own request. In such a case, if he
takes sometime for traveling from one station to another he has to
obtain leave for that period from the new office. No casual leave can
be taken on such occasion.

(a) An official is held to be on duty during joining time if he is

entitled to allowances.

(b) In some cases, however, Govt. servants are allowed some extra
time in addition to the joining time for handing over the charge of
big store and cash etc.

(c) When a Govt. servant is transferred from one station to another

which does not involve a change in his residence, he is allowed
only one day even though it is Sunday.

(d) If he hands over charge on Saturday in the forenoon he should

join the new office on the same day in the afternoon. However, if
he handed over charge on Saturday in the afternoon he should
join the new office on Monday forenoon (refer Article 93-D).
Sundays are not counted as days for joining time vide Article 94-
(c). But Sundays are included in the maximum period of 30 days.

(e) No joining time is allowed to a Govt. servant who is appointed as

a direct recruit to some other post Refer Article 77-D (iii).
 (f) A Govt. servant who has less than 3 years of service is not
entitled to full joining time, but only transit days.

(g) Time if any taken at any station due to blockade of road is treated
as extension in joining time with prior sanction as required under
note 2 of Article 106 after obtaining a certificate from traffic
regulating authority.

(h) In the case of deputations the joining time is allowed in

accordance with the deputation orders.

(i) Joining time at the time of transfer if not availed by a Govt.

servant either of his own accord or due to Administrative orders,
not to avail joining time in public interest, is credited to the
Earned Leave account. It applies equally to the employees of
vacation department also.

Q 53. What procedure has been prescribed for calculating the joining
time admissible under-rules?

Ans. In case there is change of station, the following joining time is

allowed (subject to a maximum of 30 days). The joining time has two
constituents:-

1. Preparatory days: 6 days.

2. Transit days:
a. For air travel: Actual time taken, part of a day, to be treated as
on duty.
b. For railway travel: One day for each 400 Kms or part thereof.
c. For road travel: One day for each 130 Kms or part thereof.
d. For other journey on foot etc. One day for each 25 Kms or part
thereof.
An officer who does not join his new appointment within his
joining time he is not entitled to any allowance after the end of
joining. But if the Govt. considered that his default was due to
circumstances beyond his control, it may exempt him from the loss of
his appointment.
 Fraction of a day is treated as one day. Sunday’s does not count
for joining time. However, holidays are treated as part of joining time.

Imp.

Example Mr. A.R.Wani is transferred from X Station to Y Station

involving change of station. He is relieved on 6th of June Friday
afternoon. He travels as under:-
1. Journey by road (Bus) 275 Kms.
2. Journey by rail 500 Kms.
3. Journey on foot 28 Kms.
Calculate his joining time and when he should join at Station Y.
Ans: 1. Preparatory days = 6 days.

2. Transit days by bus 275 Kms = 3 days.

3. Transit days by rail 500 Kms = 2 days.

4. Transit days on foot 28 Kms = 2 days.

5. Total transit time (days) = 13 days.

i. Date of relieving = 6th June Friday

ii. Preparatory days 7th, 9th, 10th, 11th, 12th & 13th June (8th June
Sunday excluded in the joining time).

iii. Travel by bus = 275 Kms @ 130 Km per day = 3 days i.e., 14 th
16th & 17th June (15th June Sunday excluded in Joining time).

iv. Travel by rail 500 Kms @ 400 Kms per day = 2 days i.e., 18 th
& 19th June.

v. Travel on foot = 28 Kms @ 25 Km per day = 2 days i.e., 20 th &

21st June. 22nd June being the Sunday will be excluded in
Joining time. Therefore joining day should be 23 rd June
(Monday) forenoon.
 NOTE:

ARTICLE 94 PAGE 129 OF J&K CSR:

A SUNDAY DOES NOT COUNT AS A DAY FOR PURPOSES OF

THE CALCULATION OF THIS RULE, BUT SUNDAYS ARE
INCLUDED IN THE MAXIMUM PERIOD OF 30 DAYS.

Q 54. A Government Servant transferred from a place to a

Principal Town (B) in public interest with the following
details:-
i. Journey by air -- 1 day
ii. Journey by train – 600 kms
iii. Journey by road – 435 kms
iv. Journey on foot – 25 kms
The officer got stranded for 4 days due to road blockade w.e.f. 5 th
May 2009. He was relieved on 03-05-2009 (Annual to be Friday)
08-05-2009 was public holiday.

Ans. i. Preparatory days = 6 days – 4, 6, 7, 8, 9 & 10 May

ii. Transit days by air – 1 day – 11 th May. (12th May being
Sunday)
iii. Transit days by train – 2 day – 13, 14th May.
iv. Transit days by bus – 4 days – 15, 16, 17, 18 th May. (19th
May being Sunday)
v. Transit days on foot – 1 day – 20th May.
vi. Total days = 14 days
Date of Joining day = 21st May.
Q 55: Under what condition the leave can be combined with Joining
Time?
Ans. When an official is on earned leave, he receives his transfer
order during the leave, his Joining Time as per Article 101(A) is
calculated either have his old HQ. or from the place where he
receives his transfer order, which ever is less.
When an official receives his transfer and while on duty, but
instead of proceeding to the new place of posting, he wants to avail
of earned leave in this case he is allowed full and Joining Time
 calculated from his HQ to the new place of posting in both the above
cases, earned leave is prefixed to Joining Time.
When a Government Servant while in transit from one station
to another falls ill in the way, he may get leave on Medical
Certificate in this case he is allowed Joining Time calculated from
his HQ to the place where he falls ill at not upto the new place of
posting.
No other leave with Casual Leave and some other leave can be
combined with Joining Time.
Q 56: How is Joining Time regulated when a government servant is in
transit from one station to another receives another transfer
order and enroute?
Ans. When a government servant who is in transit from one appointment
to another receives another order of transfer enroute, he is as per
Article 103 of J&K CSR entitled to another Joining Time from the
place where he receives the order of his transfer to the place of his
new posting but he shall get 6 days of preparatory days only once or
not twice.

Q A Govt Servant was drawing pay of Rs.5250 on 01-01-95 in the

time scale of Rs.4000-75-5700 is promoted to time scale of
Rs.4300-100-5900 on 28-12-1997, fix his pay.

Ans.
Date Pay scale Pay 5250 5675
01-01-1995 4000-75-5700 5250 75 100
01-01-1996 ---- 5325 5325 5775
01-01-1997 ---- 5400 75 100
28-12-1997 4300-100-5900 5500 5400 5875
01-12-1998 Next date of increment 75 100
5475 5975
25 100 -75
5575 5900
100
Q A Govt Servant was drawing pay of Rs.5750 on 01-04-96 in the
time scale of Rs.5000-150-8000. He is promoted on 01-06-1997 to
the time scale of Rs.5500-175-9000, fix his pay on promotion.

Ans.
Date Pay scale Pay 5750 6575 7450 8325
01-04-1996 5000-150-8000 5750 150 175 175 175
01-04-1997 ---- 5900 5900 6750 7625 8500
01-06-1997 5500-175-9000 6200 150 175 175 175
01-06-1998 Next date of 6050 6925 7800 8675
increment 150 175 175 175 175
6225 7100 7975 8850
175 175 175 175
6400 7275 8150 9025
175 175 175

Q A Govt Servant was drawing pay of Rs.5160 on 01-01-95 in the

time scale of Rs.4000-75-5700. He is promoted to the next time
scale of Rs.4300-100-5900 on 01-01-1997, fix his pay.

Ans.
Date Pay scale Pay 5160 100
01-01-1995 4000-75-5700 5160 75 5610
01-01-1996 ---- 5235 5235 100
01-01-1997 4300-100-5900 5400 75 5710
01-06-1998 Next date of increment 5310 100
90 100 5810
5410 100
100 5910
5510
 Q A Govt Servant was drawing pay of Rs.1000 in the pay scale of
Rs.800-40-1040 on 01-01-1987. He was promoted to the pay scale
of Rs.1000-40-1200-50-1500 from 01-05-1987 placed incharge of
another post carrying pay scale of Rs.1200-50-1500-75-1800
from 01-06-90 in addition to his own duties upto 15-07-1993.
Ans.
Date Scale Pay New Pay Next Pay Charge
Scale scale Allowance
1-1-87 800-40-1040 1000 --- --- --- --- ---
1-5-87 --- --- 1000-40- 1080 --- --- ---
1200-50-
1500
1-5-88 --- --- --- 1120 (AI)
1-5-89 --- --- --- 1160
1-5-90 --- --- --- 1200
1-6-90 --- --- --- 1200 1200-50- 1300 100
1500-75-
1800
1-5-91 --- --- --- 1250 1300 50
1-6-91 --- --- --- 1250 1350 100
1-5-92 --- --- --- 1300 1350 50
1-6-92 --- --- --- 1300 1400 100
1-5-93 --- --- --- 1350 1400 50
1-6-93 --- --- --- 1350 1450 100
1-7-93 --- --- --- 1350 1450 100

Q A Govt Servant was drawing Rs.5540 in the pay band of Rs.4440-

7440 with G.P. Rs.1300 = 6840 w.e.f. 3-7-2010. He was placed
with same pay band w.e.f. 1-1-11 to which the G.P. fixed to
Rs.1400. Fix his pay.

Ans.
Date Pay band Basic pay Grade pay Pay
3-7-10 4440-7440 5540 1300 6840
1-1-11 --- --- 1400 7150
1) Pay in the Pay band = 6840
2) Add 3 % increment = 210
= 7050
3) Less G.P. = 1300
= 5750
4) Add new G.P = 1400
 = 7150
5) Next date of increment = 220
Pay as on 1-7-11 = 7370

1) Existing pay scale as on 1-1-08 in P.B.-I 5200-20500 G.P. 2800

2) Existing B.P as on 1-1-08 7000+G.P 2800 = 9800
3) Promoted to P.B.II on 1-8-09 9300-34800 + 4200
4) Pay fixed in the new P.B. 7000+3% (210) = 7210
5) Add new G.P. 2800 = 10010
6) 1-7-2010 next date of increment

Q A Govt Servant was working in the pay scale of Rs.1760-60-2600- EB-

75-3200 and was drawing pay Rs.2600 w.e.f. 1-5-92. He was
appointed on Probation as Under Secretary on 13-11-92. Fix his
pay in the pay of U/Secretary Rs.2125-75-2800-EB-3600 and also
intimcate date of his next increment.

Ans.
Date Pay scale New Pay
Pay Pay
scale
1-5-92 1760-60-3200 2600 --- ---
13-11-92 --- --- 2125-75- 2575+25
2800-3600 Personal Pay
1-5-93 --- --- --- 2650
1-5-94 --- --- --- 2725
2125+75=2200+75=2275+75=2350+75=2425+75=2500+75=2575+75=2650
 CHAPTER – X
SUSPENSION
Q. WHAT SHOULD BE THE GROUNDS FOR SUSPENSION?
Ans: Suspension orders may ordinarily be resorted to only in the
following cases:-
i) When the case is of Public scandal (refer GI No. l-(i) below
rule 31 (file) of CCA Rules 1956).
ii) When it is a case of serious negligence causing pecuniary
loss to Govt.
iii) When a prima facie case has been established against a
Govt. servant justifying criminal or departmental
proceeding against him.
iv) Where a Govt. servant detained by Police for a period
longer than 48 hours, he is automatically treated as
suspended (see Rule 31(2) of CCA Rule).
v) When it is a case leading to insecurity to the State.
vi) When a Govt. servant is committed to prison is considered
as under suspension from the date of his arrest (ref Art.
109 of J&K CSR).
vii) When a Govt. servant remains absent from duty un-
authorized without any leave application. His case falls
under Art 128 of J&K CSR and he should be served a
charge sheet immediately, for his absence from duty. It
should got delivered to him personally against proper
receipt or sent to him by Registered post.
Q. WHAT IS THE JUSTIEICATION FOR PLACING A GOVT.
SERVANT UNDER SUSPENSION?
Ans: Suspension orders should not be issued as a matter of
routine, because even though suspension is not treated as a
recognized punishment under rules, it does mean disability and
distress in practice to the Govt. servant. It also effects morale of
the service and put avoidable strain on the public exchequer in
the shape of payment of subsistence allowance to the
suspended Govt. servant and pay to the substitute engaged in
his place. So apart from other considerations the placing of
Govt. servant under suspension means extra burden on the
public exchequer. Efforts should, therefore, be
made to achieve the object of suspension by transferring him to
some other post or place to the extent it services the public
purpose.
Q. WHO ARE THE AUTHORTIES COMPETENT TO ORDER
SUSPENSION?
Ans: The suspension orders are issued generally by appointing
authorities (Rule 31-1 of CCA Rules). But in the following cases
these can be issued by lower authorities also such as:-
i. Major heads of the departments are competent to place
under suspension the lowest ranking Gazetted officer.
ii. Director Health Services and Chief Medical Officer are
competent to place Assistant Surgeons under suspension.
iii. Special powers have been delegated to the officers of the
Education department (School wing) as per S. No. 6 of
Schedule I-D of J&K CSR Vol. 2nd.
Q. WHETHER SUSPENSION AMOUNTS TO
PUNISHMENT? Ans:
i. Suspension during pendency of trial or inquiry does not
amount to punishment. But where an employee under
suspension is terminated from services without inquiry it
amounts to punishment.
ii. Suspension cannot be treated to be either dismissal,
discharge or reduction in rank. The order of suspension
pending an inquiry merely amounts to debarring a member
of the service from performing his duties temporarily.
Suspension decidedly is not a punishment, provided if it is
for a shorter or say a reasonable period but it will operate a
punishment, if it continuous for indefinite period.
Suspension may not amount to punishment with the
meaning of Art-311 of the constitution of India or within the
meaning of the punishment prescribed under any rules
governing service conditions of the Civil Service. Even that
it carries a stigma with respect to the concerned Civil
Servant and definitely lowers him in the estimation of the
society, his friends relation and colleagues, the order of
 suspension can be challenged and the court has the right
to set-a-side if it proved that the order of suspension is :-
a. In violation of Statute.
b. Contravene of any statutory.
c. The result of malafide exercise of power by the superior
authority, or
d. Has been passed by a person other than the one
authorized to suspension even without getting such an
order confirmed by the competent authority. Suspension
pending inquiry is not a penalty and is only an incident of
the disciplinary proceedings depending upon the view
the authority taken of the gravity of alleged misconduct.
After an employee is suspended charge sheet should be
served to him within three months failing which report
should be made to the next higher authority explaining
the delay. A suspension order is that if it is not followed
by charge sheet and inquiry within a reasonable time.

Q. WHEN THE ORDER OF SUSPENSION TAKES EFFECT?

Ans: An order of suspension of an employee takes effect from
the movement it is issued. It is not correct to say that it is only
from the date of the actual report by the employee that the order
becomes effective. In absence of any expressed rule, an order
of suspension cannot by passed with retrospective effect, when
competent authority suspends an official on particular date on
15.10.1997 and the order was actually served on him by the
officer 19.10.1997 when the official concerned had actually
performed his duties during the intervening period, there should
not be any question of suspending the said official prospectively.
Q. WHAT IS SUBSISTANCE ALLOWANCE AND WHAT ARE
THE CONDITIONS UNDER WHICH IT IS ADMISSIBLE?
OR
WHAT PAYMENTS SHALL BE MADE TO A GOVT. SERVANT
UNDER SUSPENSION?
Ans: Substance allowance is paid to achieve an object that the
employee during the period of suspension should not be
rendered destitute. A Govt. servant who is suspended is entitled
as a matter of right to the subsistence allowance from the date of
his suspension. Such subsistence allowance should be as
under:-
i. For first six months of suspension an amount equal to the
half pay which he has getting on the date of his
suspension, plus 1/2 Dearness allowance and additional
allowance and proportionate medical allowance.
ii. If the inquiry or the trial of the case against such an
employee is not conducted within six months of the
suspension and this delay in such disposal of the case is
not caused due to the act of the employees substance
allowance as mentioned in above (i) may be increased by
25% i.e. total 75% of pay plus Dearness allowance etc.
iii. Where the case for the delay in the disposal of the inquiry
is directly attributed to the employee, the Competent
Authority can reduce the subsistence allowance as
mentioned in (i) above by 25%. The Competent Authority
can review the revised rate at his discretion at any time and
can change the subsistence allowance. The rate of
Dearness Allowance will be based on the increased
amount of subsistence allowance admissible under (ii)
above or decreased amount under (iii) above.
iv. The rate of D.A on subsistence allowance shall be
calculated at the increased/decreased rate of D.A which
may be enforced from time to time during the period of
suspension of a Govt. servant.
A suspended Govt. Servant is also entitled to the
compensatory allowance of which he was in receipt on the
date of suspension, if he continues to meet the expenditure
for which it was granted.
There is no provision in the service rules, which provide for
a formal sanction for the payment of subsistence
allowance, so such a subsistence allowance can be drawn
without any previous sanction of the competent Authority.
The subsistence allowance mentioned above can be given
to a Govt. servant under suspension only when he
produces a certificate that he is not engaged in and other
 employment, business, profession or vocation. If he fails to
produce such certificate, subsistence allowance cannot be
released in his favour.

Q. WHAT ARE THE RULES PRESCRIBED IN RESPECT OF

THE FOLLOWING ITEMS?
I) OFFICE ATTENDANCE AT HEAD QUARTER DURING
SUSPENSION.
A Govt. servant under suspension is debarred from
attending office for discharging his official duties or avail any
privilege enjoyed by him in his official capacity. But, he has to
remain present at the place of his posting or some other place
as may be specified/ directed by the suspending authority. A
Govt. Servant during the period of suspension cannot be asked
to perform his duty, but such an employee is not required to
make his attendance in office. An order requiring an employee to
sign the register is illegal but he cannot leave the head quarter
without prior permission of the competent authority.
An employee under suspension has to remain attached to
the post from which he was suspended unless he is at ached to
any other post by the authority. An employee cannot remain
away of his own, as his duties are only suspended. His presence
is also essential to summon him to the office and when needed
in connection with inquiry being conducted in his suspension
case etc.
II) PROMOTION DURING SUSPENSION.
A Govt. servant under suspension has got a right being
considered for promotion at the due time but in such case the
procedure to be adopted is that the Departmental Promotion
Committee (DPC), after the consideration of his case, should
keep its recommendations regarding his suitability secret as per
the provision of Art 110 of CSR. Such a recommendation should
be opened only after he is reinstated or when the inquiry against
such employee is completed. If such an employee is exonerated
from all the charges and his period of suspension is treated as
on duty, and finding of DPC recommended his promotion, he
shall be promoted retrospectively on notional basis, but he
cannot be paid arrears of pay. The official who had been
promoted in his place during suspension shall be reverted to his
lower post.
In case the employee is exonerated and reinstated but his
suspension period is treated on leave of whatever kind due, he
may be promoted prospectively and in such case promotion
shall affect only from the date the official resumes duty.
But where the employee is not exonerated but any of the
punishment is imposed on him he cannot get any promotion
even if the suspension period is treated as duty.

III) PAYMENT OF G.P.FUND ADVANCE

There is no objection for grant of ordinary or special G. P. Fund
advance to a Govt. servant during suspension vide note I of Rule
(9)(2) of G. P. Fund Rules. Nonrefundable G. P. fund with drawls
can also be allowed during suspension
IV) DEPARTMENTAL EXAMINATION DURING SUSPENSION.
Refer Govt. instructions No.2 under Art. 108-A of J&K CSR
Vol. 1st. There is no objection for a Govt. servant who is under
suspension to appear in an obligatory departmental examination,
but that period is not treated as duty.

V) PAYMENT OF LEAVE ENCASHMENT TO SUSPENDED

GOVT. EMPLOYEE.
The entitlement to leave encashment to a Govt. servant is
considered after his suspension case is decided. In that event
too, he should be entitled to leave encashment only, if he is fully
exonerated of the charges as per Rule 36(3) of the leave rules.
VI) EB DURING SUSPENSION.
a. When suspension period is treated as duty, the crossing of
EB shall be sanctioned in his favour with retrospective
effect and arrears on this account shall also be paid to him,
because the sanction of EB has been held up in this case
on account of false allegations against the Govt. servant for
which he had been placed under suspension.
b. When suspension is treated as leave it has to be presumed
that had not been placed under suspension at alt Of course
 if the EB falls due during such leave it will be paid from the
day he had resumed duty.
c. When the suspension is treated as penalty, it is to be
recorded in the service hook of the official. His APR for the
year of the suspension shall, therefore, not be satisfactory,
which shall infact stand in the way of crossing EB,
Q. GRANT OF PROVISIONAL PENSION TO A GOVT.
SERVANT WHO RETIRES DURING SUSPENSION.
Ans: If the suspension case of a Govt. servant is not settled
upto the date of his retirement on attaining the age of 58 years, it
is mandatory for the concerned Administrative Authority to grant
him provisional pension. The qualifying service for assessment
of provisional pension is reckoned upto the date of which the
Govt. Servant was placed under suspension and his pension
remains operative till the date the suspension case is finally
settled. The Payment of provisional "death-cum-retirement
gratuity" is, however, not admissible in such cases.
DEATH DURING SUSPENSION
When the charges against a Govt. servant are found to be
baseless or when he dies during suspension, he is treated to be
on duty during the entire period of suspension for all purposes
and his beneficiaries are entitled to all arrears of pay etc.
Q. WHAT ARE THE RECOVERIES TO BE MADE FROM A
GOVT. SERVANT FROM THE SUBSISTANCE ALLOWANCE?
Ans: The following recoveries of Govt. dues can be made from
the subsistence allowance:-
i) COMPULSORY DEDUCATION:
a. Income tax.
b. House rent, Rent of furniture.
c. Re-payment of loans and advances/Motor car advance
taken from Govt. at such rates as the HOD deems right to
fix.
ii) OPTIONAL DEDUCATION
a. Insurance premium.
b. Amount due to co-operative societies.
c. Refund of G.P. fund advances.
iii) The following recovery cannot be made from the
subsistence allowance:
a. Subscription to G.P. Fund.
b. Amount due on court attachment.
c. Recovery of loss to Govt. for which the Govt. servant is
responsible.
NOTE:
The house rent for Govt. accommodation is assessed
during suspension on the basis of subsistence allowance and
not on the basis of basic pay of the Govt. servant Deduction of
House Rent is a compulsory deduction from subsistence
allowance. After the reinstatement of Govt. servant, if he is
allowed pay for the suspension period at rates higher than the
rate of his subsistence allowance, the H.R is re-calculated on the
basis of his aforesaid pay and he is required to pay the
difference from his arrear pay bill.
Q. WHAT PRECAUTIONS ARE TO BE OBSERVED BY AN
AUTHORITY WHILE REINSTATING A SUSPENDED,
DISMISSED. REMOVED. COMPULSORY RETIRED GOVT.
SERVANT ABOUT HIS PAY AND ALLOWANCES?
Ans: Under rule 108-B of J&K CSR, if a suspended Govt.
servant is reinstated, an authority reinstating him has to make
specific order regarding pay and allowances to he paid to such
Govt. servant for the period of his absence from duty and he is
to specify whether or not the said period shall he treated as
"Period spent on duty''. Sub clause (ii) of this para enjoins on the
authority that if a Govt. servant has been exonerated or if the
suspension was wholly unjustified, the said Govt. servant shall
be given full pay and allowances to which he would have been
entitled had he not been placed under suspension.
When an employee suspend on criminal charges is
exonerated by the court and is reinstated he is entitled to full
salary on his reinstatement.
Where the suspended employee is not fully exonerated he
is not entitled to full salary. In such a case he shall be given such
proportion of pay and allowances as the Competent Authority
may order, such proportion of pay and allowance shall in no
case be less than subsistence allowance admissible under rules.
Where an official under suspension is acquitted in a
criminal case on technical grounds, the official is not entitled for
full pay and allowances.

PENSION
Q. WHAT IS PENSION?
Ans: Pension is a retirement benefit granted to a Govt. servant
at the time of his retirement from Govt. service. It is not an ex-
gratia payment, but a payment for the service he rendered for
long, its main purpose is that in old age the Govt. servant should
not be left in helplessness. An employee who has put honest
and efficient service for the requisite number of years cannot be
deprived of his well earned pension merely on the willingness of
the authority. it is in lieu of a long term relationship between the
employer and the employee of the service which culminated
after a long journey. The supreme Court has held that pension is
a valuable right vested in a Govt. servant and that the right to
receive pension is property under Art. 31(1) of the constitution.
Therefore it cannot be denied to an employee without any valid
ground. Any amount outstanding cannot be recovered from
pension except with the consent of the employ concerned.
Pension for superior and inferior service are divided in to seven
classes as per service rules. The payment of pension is based
on :-
i. the number of years of qualifying service, and
ii. emoluments and the average emoluments.
Q. HOW MANY KINDS OF PENSION ARE PROVIDED IN THE
STATE SERVICE?
Ans: Pension for superior/inferior services are divided into
seven classes as followed: -
1. Superannuation pension.
2. Special pension.
3. Retiring pension.
4. Invalid pension.
 5. Compensation pension.
6. Extra ordinary pension.
7. Provisional pension.
1. SUPERANNUATION PENSION.
Superannuation pension is admissible to a Govt. servant
on completion of 58 years of age as per proviso -2 of Art. 206,
Govt. servant in service shall superannuate on the last day of
the month of their birth, but when the date of birth happens to be
the 1st of the month, he shall retire on the last date of the
preceding month.
2. SPECIAL PENSION.
Govt. may retire public interest any Govt. servant after
completion of 22 years of qualifying service or after attaining the
age of 48 years by giving three months’ notice or by paying three
months’ pay and allowances in lieu of such notice.
3. RETIRING PENSION.
A Govt. servant may voluntarily retire after completion of 20
years of qualifying service or after attaining 45 years of age. By
giving three months notice to the pension sanctioning authority
as per Art. 230 by a Govt. Servant. A Govt. Servant who is under
suspension or against whom an inquiry is contemplated cannot
exercise this option as per proviso under Art. 230 (ii). Again if a
Govt. Servant has clear record of Govt. servant, he is allowed
five years of extra service for voluntarily retirement as per Art
230 (i) restricted to service he would have put in , has he retired
at the age of 58 years. The power to allow five years extra
service vests in the appointing authority. The above notice for
three months can be withdrawn also with the sanction of the
appointing authority, if the circumstances under which the no, ice
given material changed as per note 2 of Art. 230
4. INVALID PENSION.
Invalid pension is allowed to Govt. servant who is
permanently incapacitated for the particular branch of service in
which he is employed. Efforts should, however, be made to offer
him some other right duty, if possible even on lesser pay. The
Govt. servant desiring to retire under invalid pension is required
to produce medical certificate duly countersigned by the Director
Health Services. Retirement of an officer who applies for this
pension while in service or while on earned leave has an
immediate effect, where-as retirement of one who is absent on
any other have may leave effect from the day his leave ends as
per Art. 224.
5. COMPENSAION PENSION.
As per Art. 207(a) it is applicable to those Govt. servants
whose permanent posts are abolished and for whom there is no
other suitable vacancy. As an alternative to retrenchment the
Govt. servant may, if he so likes be appointed on some lower
pay as per Art. 207(b).
6. PROVISIONAL PENSION.
When some departmental or judicial proceeding are going
on against Govt. servant under Art. 168-A and these are not
concluded upto the date of his superannuation, it is mandatory
and not discretionary to grant provisional pension equal to full
pension to such a Govt. servant till the case going on against
him is finally decided. The amount of provisional pension is
estimated on the basis of length of qualifying service put in by
the Govt. servant upto the date of his retirement. As regards
cash equalent, Rule 37(2) (v) of new leave rules provides that
leave sanctioning authority may make (his payment in full or if
there is any likelihood of recoveries from the Govt. servant as a
result of the proceedings he may keep provision for that. When
the case against the Govt. servant is decided the pension
sanctioning authority certified in the light of the decision of the
case as to whether the service has been thoroughly satisfactory
or not In the later case the amount of pension is suitably reduced
on account of unsatisfactory service under Art 214. In such
cases when the amount of final pension is less than the amount
of provisional pension no recoveries made on account of
provisional pension drawn at a higher rate in the past. If,
however, the amount of final pension is more than the rate of
provisional pension the arrears on this account are duly paid to
the retire Govt. servant. No payment of gratuity (when the
qualifying service is less than ten years) or that of death-cum-
retirement gratuity can he made on provisional basis under
rules.
If a pensioner in receipt of provisional pension dies before
the conclusion of the departmental/judicial preceding, he should
be treated as exonerated of all charges and period of
suspension if any preceding his retirement shall be treated as
period spent on duty and the death-cum-retirement gratuity and
arrears of pay and cash in lieu of leave salary or increase in
pension as a result of treating the period of suspension as duty
shall be paid as if there had been no departmental/judicial
proceeding against him. Refer Govt. instructions No. 2 (2) Art
168-D.
Q. WRITE A NOTE ON ASSUMPTIVE PENSION AND
ANTICIPATORY PENSION:
Ans: ASSUMPTIVE PENSION.
Govt. servant whose pension papers are not sent to the
Accountant General in time or the families of those whose
pension papers are not sent to the A.G within three months of
death may as per Art. 292-AA be authorized by the A.G an
assumptive pension provisionally and provision Death cum
Retirement Gratuity equal to 80% of the normal amount of
pension and DCRG. The Accountant General authorizes this
pension on receipt of declaration from the Govt. servant as per
note of Art. 292-AA and the amount is assessd on the basis of
service data whatever is available. Adjustment of excess or short
payment is made when the pension is finally settled.
ANTICIPATORY PENSION.
When a Govt. servant retires on superannuation pension
and his pension case is not completed by the A. G by the date of
superannuation, he can be paid anticipatory pension as under
pending finalization of his pension case;-
i) Gazetted officers:
They will fill a declaration form as prescribed in Art.292 (a)
and shall sent this to the A.G through the Head of office and the
A.G shall sanction immediate disbursement of the pension within
three month from retirement as per Art. 292 (c). When the
pension case is finalized any excess or short payment made
under anticipatory pension shall be adjusted as per Art. 292 (d).
The pension shall be paid by the Treasury Officer.
ii) Non-Gazetted official:
in similar circumstances as referred to at (i) above for
Gazetted officers, the non-Gazetted officials shall also he paid
anticipatory pension. In their cases the order for payment shall
he issued as per Art. 292-A by the pension sanctioning authority
and not by the A.G. The amount of pension in the case of non-
Gazetted officials shall be equal to 75% of the amount which in
the opinion of the pension sanctioning authority is reasonable.
The pension shall be paid by the Head of the office after drawl
from the treasury. The classification of this expenditure shall he
65 pension and their retirement benefits are given in Art. 292-A,
but this classification has undergone change since long and
amendment to that effect need to he issued by the Finance
Department.
Q. WHAT ARE SOME USEFUL RULES OF EVERYDAY USE
IN RELATIOIS TO PENSION?
Ans:
1. Pension once sanctioned cannot be reduced as per 2 nd
proviso ofArt.234.
2. Provision 2 of 226(1) provides that with effect from 1.1.1976,
the date of superannuation shall be the last date of the month
of birth except that when the date of birth happens to be the
1st of the month in which case he shall, as per explanation
below Art. 226(1), retire on the last day of the preceding
month i.e. if the date of birth happens to be 1st April, he shall
retire on 31st of March.
3. Govt. servant who joined service on or after 1.1.1987 or
those who were in service on 1.1.1987 shall retire on
attaining the age of 58 years instead of 55 years.
4. In the case of literate staff the date of birth as per note 2 Art
35-A is the one as recorded in the University certificate. If he
has no university qualification his date of birth shall be
verified from his School certificate attested by a Gazetted
Officer of the education department.
5. In some case of illiterate staff the late of birth shall be asce
ined from any other documentary proof by a head of the
office i.e. horoscope or extract from Municipal Birth register.
A Medical certificate shall also be accepted as proof of the
date of birth.
6. Any fraction of a rupee is calculated pension shall round to
next rupee as per note (l)of Art. 240-AA.
7. Recovery of Govt. dues from DCRG can be made even
without consent of the Govt. servant as per Govt. instruction
(ii) Art. 240-B. As per the same Govt. instructions it is said
that recovery of HBA etc. can be made as per agreement
even after the date of the retirement.
8. A Govt. servant who retires from service before completing
qualifying service often year gets no pension. Such an
employee is eligible only to a lump sum amount termed as
service gratuity calculated at a uniform rate of 1/2 months
emoluments for every completed six monthly period of
service under Art.240-AAAA(i)(a) CSR.
9. Govt. instruction No.2 Art. 226(i) provides that when a Govt.
servant is not retired on due date of superannuation or after
three months notice for voluntarily retirement, the excess
payment made be recovered from the official. If it is found
that the Date of Birth has been willfully tempered the case
should be sent for special investigation to the Director
General Police.
10.When the date of birth is given in Bikrami Era it should be
converted into Georgian Era by deducting 56 years 8 months
and 18 days as per Note 2 Art. 226 (3), when only year is
known date of birth is 1st July and when only month is known
date of birth is to be taken as 16th as per note 2 Art. 285.
11.Where a pensioner is in receipt of two pensions i.e. one of
his own service and other as family pension for the service of
his wife/husband, he shall draw D.A either on his own
pension or on the pension of his/her wife/husband, which-
ever carries higher rate of D A. He cannot get DA on both the
pensions, Similarly, a Govt. servant who is still in-service and
 is getting family pension for his/her wife or husband, shall get
D.A only his pay and not on the family pension.
Q. WHAT ARE THE RULES PRESCRIBED FOR
CALCULATING A VERAGE EMOLVMENTS IN RESPECT OF
PENSION?
Ans:
i. The average emoluments are calculated as per proviso Art
242 on the hosts of the emoluments drawn during the past
10 months of the service.
ii. When the suspension period qualifying for pension or when
leave without allowances is allowed to count for pension
under Art 194 (b) the Govt. servant is treated to have
drawn full pay for purposes of emoluments as per not I of
Art. 242. On this analogy half pay leave is also treated to
have been availed on full pay for emoluments.
iii. An increment falling due during earned Laved though not
actually drawn is reckoned for emoluments under the
provision of note 5 Art. 242.
iv. If the last ten months of service includes some period of
suspension which does not count for pension or any
period of extra ordinary leave without allowance, that
period is ignored and an equal period before the last ten
months is included.
v. The emoluments for the last ten months as calculated
above arc added up and divided by ten to arrive at
average emoluments of the retiring Govt. servants. It may
be remembered that service gratuity for less than ten
years service and death-cum-retirement gratuity is
calculated on the monthly rate of emoluments drawn on
the date of retirement and not on average emoluments.
vi. Emoluments from 1.4.1987 onwards means pay as defined
in Art.27(a)(1) plus stagnation pay, personal pay paras (i)
and (2) of proviso to Art. 241-B. Special pay, personal pay
or charge allowance is not included in emoluments.
 Q. WHAT ARE THE PERIODS WHICH DO NO COUNT AS
SERVICE FOR PENSION.
OR
WHAT ARE THE CASES IN WHICH A SERVICE OF A GOVT.
SERVANT DOES NOT QUALIFY FOR PENSION?
OR
SPECIFY THE PERIODS OF INTERRUPTION WHICH DO NOT
COUNT AS SERVICE FOR PENSION?
Ans: The following periods do not count as service for pension
but the service rendered before these periods of interruptions is
not forfeited under Art 203:-
i. Leave without allowances.
ii. Suspension not counting for pension.
iii. Un-authorized absence from duty.
iv. Periods of foreign service for which leave and pension
contribution is not paid (this rule, is presently not in force).
v. Joining time or transit days availed of by Govt. servants
who are not entitled to Joining time or transit days under
rules.
Q. WHAT ARE THE CONDITIONS LAN) DOWN IN RULES
UNDER WHICH SERVICE OF A GOVT. SERVANT QUALIFIES
FOR PERSON?
Ans: The service of a Govt. servant qualifies for pension, if the
following conditions are full- filled:-
1. That the pay etc. of the employee is paid by the Govt. .(Art
175)
2. That the service is rendered under the Govt. .
3. That is holding substantive office on permanent
establishment. In the following cases, however, temporary
service also qualifies for pension:-
i. All temporary services followed by confirmation, even
though he is confirmed only for one way on the last date of
J is retirement.
ii. All temporary service when followed by five years quasi-
permanent service.
iii. All temporary service counts for pension if the duration of
temporary service is 20 years and the Govt. servant retires
on superannuation or invalid pension.
iv. Work charged service qualifies for pension to the extent of
50%, if and when the employee is brought on regular
establishment.
Q. WHAT PENSION AND DEATH CUM RETIREMENT
GRADUITY IS ADMISSIBLE WHEN A GOVT. SERVANT DIES
WHILE ON DUTY.
OR
WHEN A GOVT. SERVANT IS PERMANENTLY
INCAPACICATED FOR FURTHER SERVICE DUE TO
INJURIES RECEIVED WHILE ON DUTY?
Ans: When a Govt. servant is killed while on Govt. duty or is
permanently disabled as a result of performance of Govt. duty
he or his family is entitled under order of the Administrative
department to the following:-
i. That in the event of permanent disability of the Govt.
servant and in the event of death, the family of the Govt.
servant shall he entitled to a pension equal to the pay
drawn by the Govt. servant immediately before his death
or retiring as a result of disability for a period of seven
years or for a-lesser period, if he would Leave attained the
age of superannuation before these seven years. There
after the rate of pension shall be determined on the basis
of emoluments drawn before his disability/death and on
qualifying service which would he had rendered to the
date of superannuation.
ii. That when the pension under para (i) above becomes
payable to the widow she will draw the pension equal to
full salary for 7 years and after that date she will draw the
pension as admissible under para (i) above. If the widow
conducts a re-marriage, the pension which was allowed to
her shall be discontinued from the date of re-marriage.
 Q WHAT IS COMMUTATION PENSION AND HOW ITS
BENEFITS CAN BE EXTENDED TO A GOVT. SERVANT?
Ans: The commutation of pension is regulated by the civil
pension (commutation) Rules sanctioned by the Finance
department vide notification No. 161-F of 1960 dated: 8,6.1960.
The commutation value shall ordinarily be spent on one or
more of the objects specified below viz:-
i. Construction or purchase of house.
ii. Liquidation of debt.
iii. Education of children or dependents.
iv. Marriage expenses.
v. Starting of business enterprises.
The commuted value of the pension is a part of pension
extended to a Govt. servant after his retirement. Therefore, it
earn tot be denied where it is not possible to finally settle the
pension because of circumstances beyond control The benefit
under commuted value of pension is to be authorized even on
the basis of assumptive/ anticipatory pension and it would not
necessarily wait the final settlement of the pension.
A Govt. servant who has retired from the service shall
ordinarily be allowed to commute 40% of the pension payable to
him. No Govt. servant against whom departmental or Judicial
proceedings have been initiated before the date of his retirement
and the pensioner against whom such proceedings are initiated
after the date of his retirement, shall be eligible to commute any
portion of his pension during the pendency of such proceedings.
The case forwarding authority should make recommendations
as regards the extent and purpose for which commutation is
desired. A pensioner suffering from any of the diseases
enumerated below which are considered to be so dangerous to
life that they may prove fatal any time is ineligible for
commutation Viz:
i. T.B of lungs.
ii. Un-compassionated cardiac diseases.
iii. Beri- beri
iv. Pernicious Anemia.
 If the applicant makes any statement, found to be false, within
his knowledge, are willfully suppresses any material fact in
answer to any question written or oral, put to him in connection
with his Medical Examination, the sanctioning authority may
cancel the sanction at any time before payment is actually made.
Q. WHAT DOCUMENTS/PAPERS ARE REQUIRED TO BE
SENT BY THE HEAD OF THE DEPARTMENT WHILE
SENDING THE PENSION CASE TO ACCOUNTANT
GENERAL?
Ans: The following documents/papers are required to be sent to
the Accountant General with the pension case as required under
Art 285-A:-
1. FORM 3:- Containing details of family members.
2. FORM 5:- Containing particulars of Govt. servants address
after retirement, specimen signature, photographs, joint
photographs, name of the treasury from which he will draw
the pension after his retirement This all is to be obtained
from the retiring Govt. Servant eight months in advance of
his retirement.
3. FORM 6:- Containing orders of deductions in pension, if
any, as defined under Art 234 of CSR Vol. 1st.
4. FORM 7:- Containing particulars of qualifying/non-
qualifying service, average emoluments, pension proposed
by HOD and finally the pension /DCRG sanctioned by the
A.G, who will also indicate the recoveries to be made from
the DCRG.
5. FORM 8:- That is the forwarding letter of the pension case
to be sent by the HOD to the Accountant General.
The following certificates/documents should also be attached
with the pension case of the retiring Govt. servant. It needs to be
mentioned here that every pension forwarding authority should
ensure and verify that these documents are certainly enclosed
with the case:-
a) Service Book duly completed, it should contain annual
service verification certificates.
b) Two specimen signatures on two slips or left hand thumb
impression and finger impression, two slips showing height
 and identification mark and three copies of pass port size
photographs, photographs of both husband and wife.
These should be attested by a Gazetted Officer.
c) Declaration of the Govt. servant in Form-A for refunding
excess payment of pension if any.
d) Medical certificate, if it is invalid pension case.
e) L.P.C is to be sent to the Accountant General when the last
salary bill of the retiring Govt. servant containing his dues
up to the date of retirement paid to him.
f) No Demand Certificate be obtained from the Director
Estates/Chief Engineer R&B in case of allotment of
residential quarters, in the case of House Building Advance
upto 9/1985, if any drawn from the Housing and Urban
Development department and NDC from Administrative
department/HOD in case the HBA had drawn after 1985.
Similarly, in the case of Car/Scooter Advance, the NDC is
also to be obtained from the Administrative department
6. FORM F: Commutation of pension.
Q. WHAT HAVE MADE IN THE RULES FOR A VOIDING
DELAYIN THE GRANT OF PENSION TO THE GOVT.
SERVANT?
Ans:
1. The Govt. servant is not required to put in an application for
pension nor pension sanctioning authority required to issue
an formal order of retirement as per para (1) of Govt.
Instructions below Art. 234. The responsibilities of
preparation of pension papers is entirely on the Head of
the Office. Where the Head of Office is himself retiring his
pension papers shall be completed by the next higher
authority by implication of para (3) of Govt. instruction
under Art. 234.
2. If the pension papers are not completed in time in respect
of superannuation pension or within three months of the
death of an employee, the A.G may asses the reasonable
amount of pension and DCRG and issue order in the form
of PPO for payment of assumptive pension/DCRG equal to
80% of the assessed amount as per Art. 292-A.
3. In order to avoid delay in finalization of pension cases clear
cut within "cut off" dates have been seen prescribed by the
Govt. for various stages of pension cases. A disciplinary
action has been recommended against the officials who did
not complete the information or data in time. This is
necessary to ensure that Govt. Servants start getting
pension from the next month of their retirement.
NOTE:
i. Every office shall have to prepare a list in advance on 1 st
January and 1st July showing the names of employees
retiring within coming 24 to 30 months as per Art. 9285)
(a)(i).
ii. Pension papers should be prepared two years in advance
by HOD. During this period service book is to be
completed.
iii. Qualifying service to be worked out and pension papers to
be sent to the A.G six months earlier.
iv. if any event occurs thereafter that is to be brought to the
notice of the Accountant General.
Q. WHAT IS THE TERM FAMILY CLASSIFIED IN THE CSR
FOR PURPOSES OF PENSION?
Ans: Family shall mean:-
a. Wife, in the case of male member.
b. Husband, in the case of female member.
c. Sons.
d. Un-married and widowed daughters including step
children and adopted children.
e. Brothers below the age of 18 years and Un-married
sisters.
f. Father
g. Mother.
Q WHAT PENSION AND DCRG IS ADMISSIBLE INCASE A
GOVT. SERVANT IS REPORTED MISSING?
Ans: The family of the Govt. servant who is reportedly missing
shall get firstly the payment of his arrears of pay dues, leave
encashment and G.P. Fund with the approval of the
Administrative department and after the expiry of one years from
the date of his disappearance.
1) That the family shall approach the Police Station and
obtain a certificate from Police that the Govt. servant has
not been traced despite all efforts by the Police
department.
2) That an indemnity bond shall be obtained from the
nominee/dependents that all payment shall be adjusted as
and when the Govt. servant reports back and claims his
dues.
3) That the HOD shall assess the recovery due from Govt.
servant and effect a recovery under rules before making
aforesaid payments.
4) That the family shall apply to the HOD after the expiry of
one year and claim the necessary DCRG and family
pension. If the DCRG is delayed beyond three months of
the application, interest at the rates admissible shall be
paid and responsibility for the delay shall fixed for taking
appropriate action.
Q. WHAT DO YOU MEAN BY OVERSTAY IN SERVICE
AFTER RETIREMENT?
Ans: The cases of overstay in service beyond the date of
superannuation come to the notice of the Govt. from time to
time. The department generally propose treatment of such
period of overstay as extension/re-employment on the plea that
the date of birth was not recorded in the service book of the
official because of non-availability of requisite certificate or date
of birth originally recorded in service book has been tempered
with, or there has been error of judgment in treating an
employee as an inferior.
In this connection the instructions as laid down in Govt.
instructions No.(l) below Art. 226(i) should be followed strictly by
all the departments concerned. The cases in this behalf should
immediately be taken up with the Administrative department for
taking further necessary action. Such cases of overstay beyond
the date of superannuation should be identify and suitable action
taken (including recovery of excess payments as a result of
irregularities) against such officers to avoid further irregularities.
The cases of willful tempering in the date of birth involving moral
conduct on the part of the concerned Govt. servant should be
identify and referred to the Director General Police for getting
these investigated by a special sell and sever disciplinary action
against taken defaulters.

Medical Attendance Rules

Question: - Explain the rules, which govern grant of Medical
treatment, expenses of a Government servant or
his dependent within and outside State?
Answer :- Medical Treatment within the State.
i. Every Government servant shall be allowed
reimbursement of the amount charged by the
Hospital authorities including cost of Medicines
purchased from open market during the period of
Hospitalization. In Government Hospital within the
State for self or any member of his family hold
dependent on him.
ii. Reimbursement Expenses in private hospital with
the State shall be allowed Subject to fulfillment of
conditions:-
a. When it is recommended by Principle Medical
Collage/ Director Health Services that the
particular treatment is not available in the
Government Hospital and can be had in private
hospital or
b. If Principle of Medical College/ Director Health
Services is of the opinion that even if treatment is
available in Government Hospital within the State,
the nature of Surgery is such that it requires
theater and peaceful surgical atmosphere for
prevention of infection is best possible in private
hospital only.
c. The expenditure shall be reimbursable as under: -
i. Charges of Operation, cost of drugs, room rent
etc. excluding diet charges.
ii. The beneficiary shall be allowed 50% of the
estimated cost of hospital charges as advance.
 iii. Where during hospital beneficiary has to
undergo replacement of Heart value / fitting of
Peacemaker/ hearing aid appliances, the cost
thereof forms part of hospitalization expenses.
The payment of these appliances will be made
on the advice of Medical Superintendent and
shall be made direct to supplying agency by the
DDO.
iii. Medical treatment outside the State.
i. The treatment outside the State may be
authorized by the Administrative Department on
production of a certificate in prescribed form by
the Head of Specialty not below the rank of
Associate professor.
ii. The cost incurred on treatment may be
reimbursed as under: -
a. Actual expenses incurred on road/ rail fare of the
patent and one attendant by the class to which
Government Servant is entitled for journey on
tour.
b. Air fare for patent only if ailment of is serious
nature and Air journey is justified by Principle
Medical College/ Director Health Services.
c. Expenditure incurred on Pathological/ Radiological
and other methods of examination or treatment
like electric therapy etc.
d. Charges including cost of blood/ blood
transplantation.
e. Operation charges, consultation fee cost of
medicines purchased form open market cost of
devices like peacemaker, Heart value, Hearing aid/
artificial limbs.
iii. Reimbursement will be admissible only production
of vouchers duly certified by the concerned
medical authority/ institution.
iv. A competent authority may sanction an advance
to a Government servant outside the Stat as per
rules.
v. Where the Government servant temporally resides
outside the Stat and falls ill there suddenly and is
advised admission in hospital he will on production
of necessary vouchers and certificates is allowed
reimbursement provided it is recommended by
Director Health Services.
Question: - Can a Government servant avail benefits under
medical attendance rules when he already avail
other schemes (Med-Claim-Policy)?
Answer: - As per rules Government servant cannot avail
benefits under Medical attendance rules when he
is already availing benefits under other Medical
Scheme.
However, for treatment outside the State the
Government Servant may avail benefits under
these rules if there is no provision for treatment
outside the State to the employee getting Medical
facilities under other Scheme.

Question: - Write a brief note on Medical

allowance? Answer:-
1. Government Servants shall be allowed Medical
Allowance at a uniform rate of Rs. 300 per
month.
2. Medical allowance shall not be treated as part of
pay for any purpose like drawl of D.A,
Deputation Allowance/ T.A/ Compensate
allowance or any other allowance.
3. The allowance shall count for computing leave
salary and substance allowance in the same
propionate which allowance bears to pay. For
the period of study leave drawl of Medical
allowance shall not be allowed.
4. The allowance shall be debatable to salaries
under the respective account heads to be
booked under the detailed sub-head “Medical
Allowance”.
 The J&K Civil Services (Leave) Rules 1979
Dictated by Mohd. Rafiq
Former Under Secretary, J&K Government

Chapter – II
Q 1: What are the general conditions prescribed in Leave Rules for
grant of Leave in favour of government servant?
Ans. These are :-
1) Leave cannot be claimed as a matter of right.
2) Competent Authority can refuse or revoke any kind of leave
applied for but it can not alter or change the type of leave due
and applied for unless so requested by the government servant.
3) A government servant who is dismissed or is removed or
resigned from government service shall not have any claim over
the leave he has earned during his service. In case of
government servant who retires on superannuation, voluntarily
or retiring person shall have the claim over the leave prior to
such retirement.
4) Where a government servant applies for another post outside
his parent office/ or department and if such application is
forwarded through proper channel, he is required to resign his
post before taking up the new one, such resignation shall not
result in lapse of leave to his credit.
5) A government servant who is dismissed or removed from
service and is subsequently re-instated on appeal shall be
entitled to account for leave for his service prior to dismissal or
removal as the case may be.
6) The Competent Authority may at the request of a government
servant commute one kind of leave retrospectively into leave of
another kind which was due and admissible to him at the time,
the leave was granted. Such commutation, however, shall not
be claimed as a matter of right. Commutation of one kind of
 leave into another, shall be subject to the adjustment of leave
salary on the basis of leave finally granted.
7) Extra ordinary leave granted on Medical Certificate or
otherwise may be commuted retrospectively into leave not due.
8) Any kind of leave may be granted in combination with or in
continuation of any other kind of leave. See Rule 12.
Casual leave shall not be combined with any kind of leave
admissible under these rules. Special casual leave shall,
however be combined with other leave except casual leave,
quarantine leave.
9) No government servant shall be granted of leave of any kind for
a continues period exceeding 5 years.
10) No private employment shall ordinarily be allowed during the
period of leave.

CHAPTER – III
Grant of And Return From Leave
1. Application for Leave: An application for leave or for extension
of leave shall be made in the prescribed form to the Competent
Authority to grant of leave.
2. Leave Account: A leave account shall be maintained in the
prescribed form for each government servant by the H.O.D. or the
D.D.O as the case may be.
3. Verification of title to leave: No leave shall be granted to
government servant until a request regarding its admissibility has
been obtained from the authority maintaining the leave account.
But while obtaining of such report is likely to cause delay, the
Competent Authority may calculate on the basis of available
information, the amount of leave admissible to the government
servant and issue provisional sanction of leave subject to
verification by the authority maintaining the leave account for a
period not exceeding 60 days.
Q 2: Write a note on:--
1) Grant of leave on Medical Certificate.
2) Commencement and termination of leave.
3) Combination of Holidays with leave.
4) Absence after expiry of leave.
Ans. 1) Grant of leave on Medical Certificate: An application for
leave on Medical Certificate shall be accompanied by a Medical
Certificate in Form-3 given by an authorized Medical Officer or an
Assistant Surgeon or above defining as clearly as possible the nature
and probable duration of the illness.
Second Opinion
The Authority competent to grant leave, at its discretion to secure a
second Medical opinion by requesting a Govt. Medical Officer like
CMO or Medical Board to have the applicant medically examined.
A government servant who has taken leave on Medical Certificate
may not return on duty until he has produced a Medical Certificate of
fitness in Form-4 from an authorized Medical Officer.
2) Commencement and termination of leave: Leave ordinarily begins
on the day on which the transfer of change is effected or a report for
departure on leave is submitted and ends on the day proceeding on
which charge is resumed or a report of joining his duty is submitted.
3) Combination of Holidays with leave: Combination of holidays with
leave prefixing, suffixing holidays to leave other than leave on
Medical Certificate shall be allowed automatically.
The term holiday shall mean such holiday on which
government offices will remain closed. It shall not include restricted
holiday.
4) Absence after expiry of leave: A government servant who remains
absent after the end of leave is entitled to no leave salary for the
period of such absence and that period shall be debited against his
leave account. The period in excess of such leave be treated as extra
ordinarily leave.
Q 3: A government servant after expiry of leave remains absent.
In what way such a matter shall be processed?
Ans. One who remains absent after expiry of leave is entitled
to no leave salary for the period of such absence and that period
shall be debited to his leave account as though it was half pay
leave to the extent such leave be due, the remaining period be
treated as extra ordinary leave. Refer rule 25 of leave Rule 1979.
However, due to unavoidable detention owing to blockade of
road the period of detention shall be treated as on duty but to
draw leave salary until he joins his appointment. This concession
is not however, available for casual leave, or quarantine leave as
such leaves are not recognized leaves. Government servant on
returning from leave if detained due to cancellation of Air Flight
because of bad weather or otherwise period of detention be
treated on duty but shall draw leave salary until he rejoins his
appointment.

Q 4: What benefits will get a government servant who is recalled

before the expiry of leave ? OR
Describe the entitlement to a government servant recalled to
duty before expiry of leave.
Ans. A government servant availing of leave in India (but not
at his HQ) shall be entitled to the following benefits. In this
connection see Rule 23 (a):--
1) He shall be on duty during the period of his return to office
but during this period, he will be entitled to only leave salary
and not full pay.
2) He shall get TA as if he was on tour.
Government servant availing of leave outside India shall be
entitled to the following benefits:-
i) He shall be on duty during the period of journey.
ii) He will get leave salary during his journey to India & for
the period from the date of landing in India to the date of
 joining the post at the same rate, which he was drawing
before proceeding on leave.
iii) He will be entitled to TA for travel from the place of
landing in India to the place of duty.
Q 5: Under what conditions can a government servant on leave
rejoin duty before expiry of leave? OR
How and when a government servant should return from a
leave? OR
Government servant before expiry of leave is coming up with
an application seeking resumption for duty. How will you
deal with this case.
Ans. A government servant on leave shall not return to duty
before the expiry of the period of leave granted to him. However,
if he wants to join his duty before the expiry of leave, he is
supposed to apply formally to the leave sanctioning authority to
allow him to do so.
When a government servant is on leave on Medical
Certificate, the leave sanctioning authority shall not permit him
to join duty without the production of Medical Fitness Certificate
as required under the provisions of Rule 24.

Q 6: Briefly describe the rules for the following:--

a) Leave during suspension.
b) Leave to a government servant permanently
incapacitated.
Ans. a) Leave during suspension: No leave can be sanctioned in
favour of government servant who is under suspension.
Government servant whose suspension period has been treated as
a leave of whatever kind due, can not take the benefit of leave not
due (half pay leave) on this occasion.
b) Refer to rule 20 of leave Rules where in the leave sanctioning
authority is not bound necessarily to refuse the leave of sick
government servant where the Medical Authority is unable to say
 with certainty that he will never be fit for service, the leave
sanctioning authority shall sanction leave due provided:--
i) The Medical Authority is not certain that government servant
will never be fit for service, leave not more than 12 months in all
may be granted. Extension without further reference to Medical
authority shall not be entertained.
ii) If the government servant is declared fully not fit for the
further service by the Medical authority, leave or extension of
leave be granted not exceeding 6 months including the period of
duty after the report of Medical Authority.

Q 7: How will you treat the period of government servant who

while returning from leave is detained due to blockade of
road or cancellation of Air Flight?
Ans. A government servant while returning from leave (other than
casual or quarantine leave) if detained on the road due to its
being blocked by land slides or snow etc, he may be treated as on
duty till the road is cleared. Similarly if he is detained due to
cancellation of Air Flight, he may be treated on duty upto a
maximum of two days. In both these case, he may be entitled to
draw leave allowances only till he rejoins his appointment.
CHAPTER – IV
Different Kinds of Leave
Q 8: Describe kinds of leave due and admissible to a government
servant under the J&K Leave Rules - 1979?
Ans. The following leaves are due and admissible to a
government servant:-
Category-A
1) Earned Leave
2) Half pay leave
3) Commuted leave
4) Leave not due
5) Extra ordinary leave without allowances.
 Category-B
Special kind of leaves
1) Maternity leave
2) Disability leave
3) Quarantine leave
4) Casual leave
5) Study leave

Category-A
1) Earned leave:
i. Every government servant serving in a government
department other than vacation department is entitled to 30
days Earned leave in a calendar year (January to December).
ii. A government servant who is appointed to the service in the
mid of six monthly period shall be entitled to earned leave @
2.5 days for each completed month.
iii. No credit of earned leave is given for a period of less than one
completed month.
iv. It can be granted to a permanent as well as temporary
government servant as per Rule 26(a)(i).
v. The limit upto which the earned leave could be accumulated,
shall be 300 days vide SRO 124 dated 17-04-1998.
vi. The maximum earned leave that may be granted at a time
shall be 120 days and it can be combined or taken in
continuation of any other kind of leave.
vii. A period spent in Foreign Service shall count as duty for the
purpose of earned leave.
viii. Jointing Time not availed or the portion of Joining Time not
availed by a government servant shall be credited to his
earned leave account.
ix. Earned leave is calculated @ 2.5 days for each completed
month of Ist half year or 6 months.
Q 9: A person entered into government service on 2 nd April 1988.
He avails different spells of earned leave from time to time as
indicated below:-
1) 20 days w.e.f. 01-04-1989 to 20-04-1989
2) 9 days w.e.f. 02-05-1989 to 10-05-1989
3) 28 days w.e.f. 02-08-1990 to 29-08-1990
4) 10 days w.e.f. 01-04-91 to 10-04-1991
Put on his earned leave account as it closes on 01-07-1991.
Ans. Earned Leave Account of a Govt. Servant.

Credit of Opening Total Leave Availed Closing Sig.

of
Earned Leave Balance Balance DDO
Date Days
2-4-88 5 -- 5 -- 5 --
1-7-88 15 5 20 -- 20 --
1-1-89 15 20 35 20+9 6 --
i)1-4-89—20-4-89
ii)2-5-89—10-5-89
1-7-89 15 6 21 -- 21 --
1-1-90 15 21 36 -- 36 --
1-7-90 15 36 51 28 23 --
iii)2-8-90—29-8-90
1-1-91 15 23 38 10 28 --
iv) 1-4-91—10-4-91
1-7-91 15+9 28 52 9 days as 52 --
Joining Time not
availed

Q 10: What is entitlement of earned leave to the employee in

vacation department?
Ans. A government servant in vacation department who enjoys
annual vacation such as school Teachers/Lecturers/ Professors
etc. of Education Department/Medical Education Department is
not entitled to earned leave for the duty performed by him during
the year.
 However, if a government servant in vacation department
does not avail a portion of vacation under orders of competent
authority, he shall be allowed earned leave in proportion to the
vacation, he has not availed.

Q 11: What do the rules provide for earned leave to those who are
entitled to enjoy vacation?
Ans. Earned leave is not ordinarily admissible to those who
enjoy vacation but in certain cases, where a teacher or professor
is required to remain on duty during the period of vacation he has
to be compensated for that by way of grant of earned leave under
the following conditions:-
1) That no temporary employee of vacation department can earn
earned leave during the 1st year of his service even though he
attends duty in vacation. In this connection, refer proviso to Rule
27(ii)(a). This condition does not apparently apply to permanent
and quasi-permanent employee as also to the probationer who has
treated as permanent employee.
2) Earned leave may be granted to an employee of vacation
department who is required by general or special order of a
higher authority to forego such vacation or portion of vacation.
3) If in any year, such government servant does not avail a portion
of vacation under the orders of competent authority he shall be
allowed earned leave in proportion to the vacation, he has not
availed. He shall be given the benefit of earned leave to the
extent as given below:-
a) Vacation not availed more than 15 days he is entitled to 30
days earned leave.
b) Less than 15 days, he is entitled to 6 days earned leave.
c) Less than 10 days, he is entitled for 4 days.
d) That when employees attends examination duty of the
University/Board Examination etc. during the vacation, he
shall not be allowed any earned leave for that period unless
 he surrenders the remuneration which he has received on
account of examination duty.
e) That vacation can be prefixed or suffixed to any other leave
but when the vacation is combined with earned leave the
total period of the two shall not exceed 120 days.

Half pay leave:

i) Half Pay Leave is admissible to a permanent or quasi-
permanent employees upto 20 days in respect of each
completed year of service.
ii) Hal Pay Leave can also be allowed to temporary employees
when they fulfill the following conditions:-
a) That leave sanctioning authority satisfies that post from
which the official proceeds on leave is likely to
continuing even beyond the date of end of his leave.
b) That the leave sanctioning authority is satisfied that
government servant will return to duty on its expiry.
This condition will, however, not apply in the case
where government servant has been declared
completely and permanently invalid for further service
by the Medical Authority.
iii) Half Pay Leave is allowed 20 days in respect of each
completed year of service. One year service for this purpose
is reckoned from the date of joining of service.
iv) It can be granted on Medical Certificate or on private affairs.
The leave salary during Half Pay Leave is equal to half of
the pay plus half of allowances, which the government
servant was drawing immediately before proceeding on
leave.
Q 12: What are the rules governing grant of Commuted Leave?
Ans.
i) Commuted leave is in fact a substitute to Half Pay Leave in the
sense that 50% of the Half Pay Leave can be converted into full
pay leave. For instance a government servant entitled to 200 days
Half Pay Leave can get 100 days Commuted Leave on full pay.
ii) During the course of commuted leave, government employee is
allowed full pay allowances which he was drawing prior to
proceeding on such leave.
iii) Commuted leave is subject to the following conditions:-
i. It is ordinarily granted on Medical Certificate and for study
purposes.
ii. Half Pay Leave may be allowed to be commuted upto a
maximum of 180 days during the entire service when such
leave is required for an approved course of study which is
certified to be in public interest by the competent authority.
iii. It may be granted only when it is certified that there is
reasonable prospect of government servant returning to duty
on its expiry.
iv. It is debited in the leave account against Half Pay Leave.
v. Commuted leave can be allowed even earned leave is due.
(See note 2 Rule 29).
vi. Commuted leave in continuation of maternity leave may be
granted upto 60 days without production of Medical
Certificate.
vii. When a government servant granted commuted leave quits
service voluntarily without returning to duty, the commuted
leave shall be treated as Half Pay Leave and excess leave
salary recovered. If the retirement is by reason of ill health or
in the event of death, recovery should not be made (See Rule
23(2)).
viii. No commutation, shall be allowed to a government servant
who is already allowed study leave for prosecuting of a course
of study.

2) Leave Not Due:

a) Leave not due is in fact Half Pay Leave. The only difference
being that the Half Pay Leave is availed of after it has been
earned and Leave Not Due is availed of in advance that is
before it is earned.
b) This leave is sanctioned on the conditions that leave
sanctioning authority is satisfied that there is reasonable
prospect of the government servant returning to the duty
after the end of leave.
c) Ordinarily this leave is admissible to permanent or quasi-
permanent employees but it can be allowed to those
temporary government servants who are suffering from
T.B., Cancer, Leprosy or Mental illness on the following
conditions:-
 i. That the government servant has put in atleast one year
service.
ii. That a temporary post is likely to continue even after
the end of leave.
iii. That a particular illness is certified by the Medical
Superintendent of the Institution/Hospital recognized
for the disease or by specialist in line of rank of
Assistance Professor of a Medical College or
equivalent.
iv. Leave not due is Half Pay Leave which a government
servant is likely to earn during course of his future
service to be rendered by upto the date of his
superannuation pension restricted to the maximum of
360 days in the entire service when taken on Medical
Certificate. When it is taken another ground the
maximum limit of 90 days at a time and 180 days in the
total service.

3) Extra Ordinary Leave without allowances: Extra Ordinary Leave is

a leave without allowances and is admissible to a permanent or quasi-
permanent employees. This leave is admissible when:-
i) No other leave is due to the government servant.
ii) When some other leave is due to the government servant but he
specially request for Extra Ordinary Leave without allowances.
iii) Leave can be allowed to a temporary employees also according
to the following schedule:-
a) Upto 3 months with any certificate.
b) Upto 6 months on medical certificate as when the
government servant has completed one year continuous
service.
c) Upto 18 months when a government servant completed
one year continuous service and is undergoing
treatment for a life consuming disease certified by the
Director Health Services or Principal Govt. Medical
College.
d) After 3 years of continuous service, Extra Ordinary
Leave upto maximum period of 2 years can be granted
for teachers in School Education Department for
undertaking Post Graduation courses provided there is
 dearth of P.G. teachers in a particular subject. Similarly,
such leave can be granted for prosecuting studies which
are certified to be in the public interest.
e) Upto maximum period of 6 months to the wives of
defence personnel when their husband remained posted
at family station.
f) No leave salary is granted during Extra Ordinary Leave.
g) Period of absence without leave can be commuted into
Extra Ordinary Leave by the leave sanctioning
authority.
h) Extra Ordinary Leave can be commuted into leave not
due by the leave sanctioning authority at the request of
a government servant. The commutation of one kind
into another shall be subject to adjustment of leave
salary.

Category – B (Special Kinds of Leave)

1) Maternity Leave (Rule No. 31):
i) A female government servant with less than two surviving
children may be granted maternity leave for a period which may
be extended upto 135 days from the date of its commencement.
ii) During such period, she shall be paid leave salary equal to the
pay drawn immediately before proceeding on leave.
iii) Maternity Leave not exceeding 6 weeks may also be granted to
a female government servant in case of miscarriage including
abortion on production of medical certificate. The condition
having two children may not be applicable in this case.
iv) A male government servant with less than two surviving
children may be granted paternity leave for a period of 15 days
during the confinement of his wife. During the period of such
leave the government servant shall be paid leave salary equal to
the pay which he was drawing before proceeding on leave. This
leave may not be debited against the leave account and may be
combined with other kind of leave. It may not normally be
refused under any circumstances.

2) Quarantine Leave: When any member of the family of a government

servant or any body residing temporarily or permanently in the
residence of government servant is suffering from an infectious
 disease, his presence in the office is not considered in the interest of
health of other government servants of that office, the H.O.D. may
therefore, grant quarantine leave on the basis of medical certificate
upto 21 days on each occasion, but in exceptional circumstances, the
period of 21 days may be extended to 30 days by the H.O.D. For this
purpose, the following diseases are treated as infectious diseases:-
i) Cholera
ii) Small pox
iii) Plague
iv) Typhus fever
v) Diphtheria etc.
The leave can be combined with other kind of leave including
casual leave and vacation when it becomes necessary to do so. (Refer
Rule 12).
A government servant on quarantine leave shall be treated as on
duty. No substitute shall be appointed while he is on such leave.
Q 13: Write a note on Casual Leave ? (Refer Rule 45)
Ans.
1) Casual Leave is granted by the H.O.D. to permanent/temporary
government servant for a total period of 15 days during a
calendar year.
2) In the 1st year of service of a government servant, he can avail of
15 days leave during that year only if he joins government
service on 1st January, otherwise casual leave during the 1st year
of service shall be admissible proportionately (See Rule 45 and
47).
3) The amount of casual leave taken at a time should not exceed 10
days and when some holidays/Sundays are prefixed/ suffixed to
the casual leave, the total period of absence from the office
should not be more than 12 days.
4) When Sundays/Holidays fall within casual leave that neither
before the leave nor after the leave, the Sundays or Holidays are
treated as duty and not as leave. For example, someone takes
casual leave for two days from 1-8-1998 to 2-8-1998 (3-8-1998
being Sunday and 4-8-1998 being some other gazetted holiday)
he applies two days casual leave more from 5-8-1998 to 6-8-
 1998. In this case, he will be treated to have availed of only 4
days casual leave and not 6 days. (Refer Rule 48 and 49).
5) Casual leave in exceptional circumstances can be combined with
move days, provided that the total period of absence does not
exceed 12 days. Similarly, casual leave can be combined with
vacation under unavoidable circumstances. It can also be
combined with quarantine leave.
6) The minimum short leave admissible shall be half a day. For
leave beyond 3 hours on a working day, full day casual leave
shall be debited to his account. Similarly, for each late attendance
of a government servant half day casual leave may also be
debited to his account Government servant on casual leave shall
be treated on duty.
Chapter - VI
Study Leave (Rule 61):
1) This leave is admissible to only those government servants who have
completed 5 years of service and who are not likely to retire within 3
years after their return from Study Leave.
2) Ordinarily, the Study Leave shall not exceed one year at a time and
the total period of this leave in the whole of the service of a
government servant should not exceed 2 years.
3) Study Leave is granted to a permanent as well as temporary
government servant for undergoing special course of studies or study
tours etc. within or outside of India on the condition that it should be
in relation to the working of the government servant in his
department.
4) Study Leave in India is sanctioned by the General Administration
Department (Trainings) on the recommendations of the
Administrative Department and with the concurrence of Finance
Department.
5) If a government servant is on deputation, the consent of his parent
department is to be obtained before sanctioning Study Leave.
 6) A government servant on this leave shall be sanctioned as leave
without allowances. However, the period of Study Leave without
allowances shall not constitute any break in service.
7) He shall have to execute necessary bond with the government before
proceeding on leave against any loss or violation of condition.
8) If a government servant combines normal leave with allowances along
with the Study Leave, the total period of absence, should not exceed
28 months. If it is combined with Extra Ordinary Leave without
allowances then the total period may go upto 5 years.
9) If a government servant does not given satisfactory performance
during study or does not return to duty after the Study Leave or fails
to serve the government for 3 years after his return from Study Leave,
he shall be liable to refund the whole cost, if any, incurred directly or
indirectly by the government.
Rule 35 – Leave Preparatory to Retirement
Rule 37 – Cash in lieu of Leave at the time of Retirement
Rule 38 – Cash in lieu of Leave to a government servant who dies
while in Service
Rule 40 – Advance of Leave Salary

Q 14: Give a background of the Rules relating to Leave

Preparatory to Retirement.
Ans.

1) A government servant may be permitted by the competent

authority to take leave preparatory to retirement to the extent of
Earned Leave due to him not exceeding 300 days.
2) When a retiring government servant avails of the leave
preparatory to retirement in full, the question of payment of any
leave encashment does not arrive.
3) If he avails of leave preparatory to retirement in part, he is paid
leave encashment for the balance period of earned leave at his
credit.
4) There shall be another category of employees who do apply for
leave preparatory to retirement, but the leave is refused in
 public interest by the leave sanctioning authority. In this case,
he is paid full leave encashment.
5) A government servant will not be permitted during leave
preparatory to retirement to take up of any other service or
employment under any private employers unless authorized by
the Government.

Q 15: Write a note regarding Cash equivalent to Earned Leave

salary to government servant on retirement.
Ans.
1) Government servants retiring from service are entitled to get a lump-
sum payment of cash equivalent to earned leave salary due to them on
the date of retirement restricted to 300 days.
2) The cash equivalent to leave salary is calculated @ pay of government
servant at the time of his retirement plus DA plus ADA if any as per
Rule 37. Other allowances like HRA, Local Allowances etc are not
admissible at the time of payment of cash equivalent to leave salary.
3) Leave sanctioning authority is required to calculate the earned leave
due to the retiring government servant and issue orders sanctioning
cash equivalent to earned leave salary as soon as possible and without
asking for any application from the government servant in this behalf.
4) If a government servant dies while in service or dies after retirement
without getting the payment of cash, the said payment shall be made
to his beneficiaries.
5) The benefit of leave encashment was also extended to:-
a) Voluntarily retirement from 1-4-1982.
b) Those enjoining vacations in respect of the earned leave admissible
to them for remaining on duty during vacations.
c) Those government servants who are retired compulsorily by the
government as a major of penalty under Rule 30 of CCA but when
the amount of pension is reduced as a major of penalty, the benefit
of cash in lieu is not admissible to such a government servant.
 d) A government servant who superannuates when under suspension
is not paid any cash equivalent to earned leave salary until his
pension case is finalized and that too when the re-instated authority
hold that the suspension was wholly unjustified.
Office of the

Order No.
Dated
Subject: Grant of Cash equivalent to leave salary in favour of Sh.

In pursuance of Rule 37 of the J&K Civil Services (Leave)

Rules 1979, sanction is accorded to the payment of cash equivalent to
Leave salary in favour of Sh. who is retiring on superannuation
w.e.f. to the extent of days which stands at his
credit.
The amount shall be payable on or after subject to
the condition that the officer does not avail any earned leave upto the
date of his retirement.
Signature of Officer

Q 16: What are the rules governing the grant of leave salary in
advance?
Ans. Government servant can draw leave salary in advance on the
following conditions:-
1) That the duration of leave to be availed of by the
government servant should not be less than 30 days.
2) That the amount of advance shall not exceed one months
leave salary after deducting income tax, G.P. Fund, House
rent and payment of advances etc.
3) That advance of his subordinates shall be sanctioned by the
drawing officer but his own advance shall be sanctioned by
him only if he happens to be head of office. If the drawing
office is not head of office, his personal advance shall be
sanctioned by his head of office.
 4) That the amount of advance shall be debited to head of
account. to which his pay is debited.
5) That amount of advance is recovered in full to the extent
possible from the first leave salary bill.
Q 17: What are the rules prescribed for grant of leave salary on
different occasions?
Ans.
1) A government servant who proceeds on earned leave is
entitled to leave salary equal to the pay which he was drawing
before proceeding on leave.
2) A government servant on half pay leave or leave not due is
entitled to leave salary equal to half pay.
3) A government servant on commuted leave is entitled to leave
salary equal to the pay drawn immediately before proceeding
on leave.
4) A government servant on extra ordinary leave is not entitled
to any leave salary.
5) A government servant proceeding on study leave, may not be
entitled to any leave salary, but this does not constitute any
break in his service.
6) A government servant who retires or resigns from service, the
leave already availed of is more than the credit, necessary
adjustment shall be made in respect of leave salary, if any,
overdrawn.
7) Where the quantum of earned leave already availed of by a
government servant who is dismissed or removed from
service or who dies while in service is in excess of leave
credit, the overpayment of leave salary in such cases, shall be
recovered.

Q 18: When a government servant can claim that he may be

allowed to avail of earned leave in lieu of the Joining Time
which is not availed of by him at the time of his transfer?
Ans. Joining Timing to the extent if not availed of by a
government servant at the time of transfer from one station to
another, either of his own accord or under the orders of
competent authority is credited to earned leave account. It is
applicable to those posts also where vacations are allowed and,
accordingly if a teacher or Professor, does not enjoy jointing time
either in full or in part, the joining time not availed of by him
shall be credited to his earned leave account in the same way as
the jointing time of those who do not enjoy vacation. This
concession is not, however, admissible to those who are
transferred from one office to another in the same station.
Q 19: To which extent can one kind of leave be combined with some
other kinds of leave?
Ans. Except in the following cases there is no objection to the
combination of one kind of leave with another kind of leave as
per Rule 12 of leave Rules.
1) Ordinarily casual leave is not treated as recognized leave and
hence it cannot be combined with any other leave. Still it can be
combined with special casual leave on the basis of medical
certificate subject to the condition that no other leave is taken
with this combination of special casual leave and ordinarily
casual leave. If grant of some more leave in addition to special
casual leave plus ordinary casual leave becomes unavoidable,
the ordinary casual leave is also converted into the other leave.
2) Under unavoidable circumstances, ordinary casual leave may be
combined with move days provided that the total period of
absence does not exceed 12 days.
3) Under exceptional circumstances ordinary casual leave may be
combined with vacation with sanction of the competent
authority.
4) Casual leave can also be combined with quarantine leave
subject to the production of medical certificate.

Q 20: What are rules prescribed for grant of leave to a probationer

and a person on probation?
Ans. A probationer shall be entitled to leave under these rules as
if he has held his posts substantively otherwise than on probation
(Refer Rule 33). If for any reason, it is proposed to terminate the
services of a probationer any leave which may be granted to him
shall not extend beyond the date on which the probationary
period as already sanctioned or extend or expired.
A person appointed to a post on probation shall be entitled
to leave under these rules as a temporary or a permanent
government servant according as his appointment is against a
temporary or permanent post.
Q 21: Write a note on Special Casual Leave admissible to a
government servant.
Ans.
1) Special Casual Leave may be allowed to a government servant for a
period not exceeding 30 days in any one calendar year.
2) The period of absence in excess of 30 days will be treated as regular
leave. (See Rule 52).
3) Special Casual Leave may however, be granted by the Head of Office
on the following occasions:--
a) Science scholars when require to attend meeting organized by the
Scientific Associations of repute in India may be allowed 10 days
Special Casual Leave in a calendar year. (Rule 51).
b) Government servants belonging to technical departments like
Doctors and Engineers may be allowed 10 days Special Casual
Leave for attending technical conferences organized by non-
government agencies on the condition that the leave sanctioning
authority feels that the knowledge acquired by the official during
this conference shall help the government servants in the discharge
of his duties.
c) A government servant selected for participation in a national or
international sporting events as a player or as an official or who
participates in meetings of the national Sports Associations or
attends to an assignment given by it, may be granted Special
 Casual Leave upto 30 days. Leave in excess of that shall be treated
as regular leave. (Rule 52).
d) Special Casual Leave may also be granted upto 30 days to
government servants whom the J&K Acakamy of Arts, Cultural
and Languages select for participation in the all India scheme of
inter-state exchange of cultural troops. (Rule 53).
e) Special Casual Leave not exceeding 6 working days may be
granted in favour of such government servants as would undergo
sterilization operation under the family planning scheme. (Rule
55).
f) Special Casual Leave not exceeding one day may be granted to
woman employee undergoing I.U.C.D. insertion under the family
planning programme. (Rule 56).
g) Special Casual Leave upto 7 days may be granted to a regular
government servant whose wife undergoes to Tubectomy
Operation. This will be subject to the medical certificate. (Rule
58).
h) The concession of Special Casual Leave as indicated above may be
allowed equally to staff paid from contingencies or borne on work
changed establishment.
Note:--
1) Special Casual Leave is not allowed to be combined with Casual
Leave as well as with regular leave at one time (i.e. it can either be
combined with Casual Leave or with regular leave.
2) Sundays and closed holidays intervening in a period of Special Casual
Leave are to be taken into account while calculating special leave
period.
3) Prefixing of regular leave to Special Casual Leave is also not
admissible.
 TA Rules

GENERAL RULES

Definition:

Traveling allowance is the allowance granted to a govt. servant to

cover charges on travel in connection with official duty.

BASIC MILES:

1. Traveling allowance should not be a source of profit to the govt.

servant undertaking journey in connection with Govt. duties. The
shortest route of travel should be adopted and journey performed as
per entitlement.
2. When two or more govt. servants travel in same conveyance, the
govt. servant to whom the conveyance belong is entitled to T.A. at
full rates and the govt. servant accompanying him will be entitled to
draw DA only.
3. If a govt. servant travels by a car conveyance which does not belong
to him will be entitled to DA only.
4. Govt. servant who travels by a vehicle belonging to the govt. shall
be entitled to claim only DA.
5. A govt. servant who performs journey partly by his own car or partly
by a govt. vehicle will be entitled to TA for the portion of journey
performed by his own car.

Q 1: How is DA on tour calculated?

Ans: The govt. servant is entitled to daily allowance when he

performs journey beyond twenty four kilometer from the Head
Quarters. In such cases he will be allowed mileage allowance as
well as daily allowance which is payable according to period of
absence from the headquarters. If a govt. servant returns to
headquarters on the same day and his absence does not six hours,
lie will be entitled to one fourth of DA on the date of departure or
arrival. If the absence does not exceed twelve hours DA at the rate of
one half is payable and if the absence is for more than twelve hours
full DA is payable. DA at full rates is restricted to ten days when
the journey is
 performed within the state. For halts exceeding ten days upto 30
days DA @ three fourth is payable. Halt beyond the period of 30
days only half of the DA is payable. Further the total absence from
the head quarter should not exceed 90 days in six monthly period.

Outside the state full DA is payable for first 30days, three

fourth i.e.75% for next 20days and One half i.e.50% for subsequent
days.

When a govt. servant on tour is provided free board and lodge

he will be entitled to 50% of DA and if we gets either free board or
free lodge, lie will he entitled to 75% of DA.

IMPORTANT NOTE;

1. DA is paid at rates applicable at the place of destination not at the

headquarters.
2. The absence from headquarter is calculated from mid night and upto
mid night

Q 2: What are the classifications of officers for purpose of DA?

Ans: Classification of officers for purpose of DA is as under:

Class 1 officer Pay of Rs. 16400/and above per month

Class II officer Pay of Rs.8000/- to l6400/-per month.
Class III officer Pay of Rs.6500/- to 8000/-per month.
Class IV officer Pay of Rs.4100 tit 65O0/-per month.
Class V officer Pay below Rs. 4100/-per month

Q 3: What is the entitlement of a govt. servant for journey by rail?

Ans: The govt. servant who travels by rail Will be allowed actual railway
fare, reservation charges and incidental charges equal to daily
allowance for one full day's halt upto journey of 24 hours. If the
journey exceeds 24 hours one additional daily allowance shall be
admissible for 24 hours or part thereof. The govt. servant will be
entitled to travel by;

1. Class I officer- A.C. first class.

2. Class II officer- 2nd AC Two tier sleeper.
3. Class III officer- 1st class A C/2nd AC/three tier sleeper/AC Chair
 car.
4. Class IV officer- -do-
Note: For class III and class IV officers
travel by AC three tier will be permissible if
the train does not have AC Chair car.

5. Class V officer- 2"' sleeper

A govt. servant who is untitled to travel by 3rd AC may travel

by 2nd AC if the train does not have 3rd AC accommodation
available.

Govt. servant on journey outside the state are entitled to DA

on the date of arrival and departure. The DA is payable at full rates if
the absence from headquarter is for more than twelve hours and half
of the rates if the absence is upto 12 hours.

Q 4: What is the entitlement of a govt. servant for journey by

air? Ans:
1. The govt. servant whose basic pay is more than Rs. 10000/- are
entitled to travel by air within the state.
2. Officers whose basic pay is more than Rs. 12600/- are entitled to
travel by air from Srinagar /Jammu/Delhi and vice versa.
3. Officers whose basic pay is Rs.16400/- can travel by air to any
station outside the state.

In addition to above the govt. servant will be entitled to

incidental charges of Rs. 100/- within the state to cover the surface
charges from airport to city 6ffice. Govt. Servants using govt.
facilities at the place of departure and arrival shall not be entitled to
incidental charges. However if the govt. transport facility is availed
only at one station 50% of incidental expenses shall be made. En
case travel outside the state the incidental charges will be Rs.l00/-or
the actual expenses incurred from airport to place of destination
whichever is higher.

In addition to above the govt. servants shall be entitled to DA

on the, day of air travel within the state as per following rates;

1. If the absence from Headquarter on the day of departure or

arrival does not exceed 6 hours one fourth of daily
allowance.
2. If absence does not exceed 12 hours - one half of DA.
3. If the absence not exceed 6 hours exceeds 12 hours - full DA.

The govt. servant entitled to travel by air should travel by the

economy, class. Officers above the rank of Additional Chief
Secretary can travel by business/executive class. The DGP
(Direct General of Police) may at his discretion to travel by
executive class.
Q 4: What is the entitlement of a govt. servant for journey by road?

Ans: A govt. servant who undertakes the journey by bus service are
entitled to actual fare paid by them subject (o production of ticket.
The journey can be performed by the following means:

1. Class I officer = Regular bus service including AC Bus or AC.

Taxi or auto Riksha own scooter motor
cycle etc.
2. Class II officer = Same as for class 1 Officer except journey
by AC Taxi not allowed.
3. Class III officer = Same as 2nd above except journey by AC.
Bus not allowed
4. Class IV officer = Any type of Bus service except AC bus or
journey by Autoriksha, own scooter, motor
cycle etc.
5. Class V Officer = Same as for class IV officer

A govt. servant will be entitled to daily allowance on the date

of journey subject to the condition that the daily allowance will be
restricted to 25%, 50% and full rates if the absence from head
quarter does not exceed 6 hours, 12 hours and more than 12 hours
respectively.

Further the govt. servant will be entitled to mileage allowance

for journey or part of journey not connected by regular bus service
@ 60 Paisa per kilometer.

Q 6: What allowance is payable for journey by one's own

conveyance?

Ans. A govt. servant who performs journey by his own conveyance shall
be allowed mileage allowance @ ks.8/-per kilometer by motor car
and Rs.4/- per kilometer by motorcycle, scooter or moped. The total
mileage allowance should not exceed cost of air travel between the
two points.

Q 7: What are the rules regarding reimbursement or conveyance

charges?

Ans: A govt. servant who is on tour in the cities of Jammu or Srinagar

shall be entitled to re-imbursement of conveyance charges incurred
 by him subject to maximum of Rs.40/- per day for class 1 and class
II officers,Rs.24/- for class IIIrd officer and class IV officer and
Rs.167- for class V officer.

Conveyance charges outside the state are payable at the rate

of Rs. 90/- for class I and 11 officers, Rs.60/- for class lllrd officer
and Rs. 25/-for others.

Q 8: A govt. servant travels for station A to Station B by road. Fare

paid is Rs. 3OO/-. Station B to station C by Pony-50 Kms. DA is
Rs.120/-

Ans: Bus fare Rs.300/-

50 Km by Pony @ 60/-paisa Rs. 30/-
DA Rs.120/
Total Rs.450/-

Q 9: What are the rules regarding payment of conveyance allowance

to the employees?

Ans: Govt. servants whose average monthly travel exceeds a prescribed

limit are entitled to conveyance allowance for maintenance of
different kinds of conveyance belonging to them. Conveyance
allowance is not admissible when the average monthly journey is
within 13 Kms. of headquarters. Further the conveyance allowance
is admissible for maintenance of car or motor cycle etc. as per
following sealing:

1. For claiming car allowance the pay should not be less than Rs.
10000/- per month and
2. For motor cycle/scooter it should not be less than Rs.4500/-per
month.

The rates of conveyance allowance per month will be as under:

Average monthly travel on Own car Own motor
official duty cycle/scooter etc.
Average 200 to 300 km per Rs.300/-PM Rs.l50/-PM
month
Above 300 Km per month Rs.750/-PM Rs.225/-PM
 Conveyance allowance is also payable to a govt. servant who
is blind or orthopedically handicapped @ 5% of basic pay subject to
maximum of Rs.200/-per month. This allowance is payable on
production of medical certificate from the eligible medical officer and
the recommendations of a medical board constituted by the govt.

Q 10: What are the conditions under which daily allowance can be
exchanged into mileage allowance?

Ans: Govt. servant may exchange daily allowance into mileage

allowance provided the journey has been performed beyond a radius
of 24 Kms. from his headquarters. Under these conditions he will be
entitled to the traveling allowance for the type of conveyance he
uses
i.e if he travels by road to the actual fare plus incidental charges.

A state govt. employee on tour outside the state will be

entitled to daily allowance on the date of arrival as also on the date
of departure provided he has spent at least six hours at that place.
This will be additional amount payable over and above the normal
entitlement of daily allowance. Further the additional DA will be
subject to the condition that if the halt at the place of
arrival/departure does not exceed 12 hours one half of the 'daily
allowance will be payable and if exceeds 12 hours full DA will be
payable.

Example for claim of TA outside the state:

Jammu to Delhi Railway fare Rs.1600/-

DA Rs. 450/-

Jammu Delhi
01.07.09 02.07.09
20.45 hrs. 6.00 AM
Railway fare Rs.1600/-
Incidental charges Rs. 450/-
Date of arrival Rs. 450/-
Haltage 2/7 to 5/7(4days)
(450*4) Rs. 1800/-
5/7 Departure Rs. 450/-
Rly fare Rs.1600/-
Incidental charges Rs.450/-
Q 11: What TA is payable to a govt. servant on transfer?
Ans: A govt. servant who is transferred from one station to another
in the interest of administration is entitled to transfer TA. However
govt. servants transferred on their own request or for misconduct will
be entitled to the transfer TA. The rates payable are as under:

1. Actual road/rail fare for himself plus each member of his family.
2. One daily allowance for himself and each member of family
dependent on him other than children below the age of twelve
years will be entitled to one half DA. Daily allowance shall be
admissible at the rates applicable at place of origin or
destination whichever is higher.

A govt. servant who is transferred to a place which is more

than 200 Kms away shall be entitled to transfer grant as per
following rates;

1. Glass I & II officers Rs.900/-

2. Class IIIrd officers Rs.750/-
3. Class IV officers Rs.600/.-
4. Class V officers Rs.450/-

The govt. servant shall also be entitled to transportation

charges of personal effects between places connected by road.

1. Class I&II officers Rs.8/-per km

2. Class IIIrd officers Rs.9/-per km
3. Class IV officers Rs.4.60Paisa per km
4. Class V officers Rs.4/-per km

The transportation of personal effects by rail shall be as under:

1. Class I officers 6000 Kg by goods train or one double

container
2. Class IInd officers 6000 Kg or one single container
3. Class IIIrd officers 3000 Kg by goods train
4. Class IV officers 1500 Kg
5. Class V Officer 1000 Kg.

IMPORTANT NOTE;
 Transfer TA is not normally admissible by air. In the case of Leh and
Kargil districts if the transfer is made during the winter months, the transfer
TA will be admissible as under:

1. Single air fare on production of ticket and road/rail fare for each
member of his family dependent on him.
2. Transportation charges by air upto 100 Kg. for himself and 50Kgs
for each member of his family.

Q 12: What are the rates of DA (daily allowance) payable to the govt.
servant on tour?

Ans: Daily allowance payable to the govt. servants who stays in a

govt./public sector guest houses or makes his own arrangements:

1. Class Ist officers Rs.135/-per day

2. Class IInd officers Rs.120/-per day
3. Class IIIrd officers Rs.105/-per day
4. Class IV officers Rs.55/-per day

When the govt. servant stays in hotel the DA rates payable will
be as under:

1. Class I officers Rs.335/-per day

2. Class Ilnd officers Rs.225/-per day
3. Class IIIrd officers Rs.200/-per day
4. Class IV officers Rs.130/-per day
5. Class V Officer Rs.65/-per day

Q 13: Under what circumstances can a govt. servant claim actual

expenses in lien of traveling allowance?

Ans: The govt. servants who claim actual expenses have to give
sufficient reasons for claimed will include actual traveling expenses
with board and lodge charges subject to production of vouchers.
Actual expenses can be paid if the TA amount admissible to a govt.
servant is found to be inadequate. These expenses can be paid for
tour outside the state on the following grounds:-

1. Non availability of govt. accommodation at the place of visit.

2. Non availability of accommodation in cheap/low standard hotels.
3. Status of the govt. servant which demands that he should stay in
a descent hotel.
 The total actual expenses in "A" class cities and principal
towns should not exceed Rs.250/-and Rs.180/- per day respectively.
SHORT NOTES
A) TA PAYABLE TO GOVT.SERVANT ON
RETIREMENT

A govt. servant who retires on superannuation, retiring, invalid

or compensation pension is entitled to TA from the place where he
retires to his residence as recorded in the service book.

1. Actual fare for himself and members of his family dependent on

him.
2. DA for himself and each member of his family, children below the
age of twelve years will be entitled to half DA.
3. Transportation charges as per limits prescribed in T A rules.

This concession will be available to the govt. servant within 6

months of his retirement.

Govt. servants who retire from the nn>ve offices will be

entitled to TA at the move rates or transfer T A rates whichever he
may opt

B) TA PAYABLE TO THE FAMILY OF DECEASED GOVT.

SERVANT

If a govt. servant dies at a place-outside his own town, his

family will be entitled to the reimbursement of actual transportation
charges of the dead body subject to the maximum of charges
payable to a taxi cab hired independently.

C) TA PAYABLE TO ATTEND COURT

A govt. servant who has to defend himself in the court of law

may be allowed TA for attending the proceedings of the court. This
will be subject to the condition that the govt. servant has to defend
himself in a case arising out of acts done by him in discharge official
duty.

D) TA DURING LEAVE
 J&K Civil Services Regulations

A govt. servant on leave if recalled to resume the duties by

curtailing his leave is entitle to TA from the place where he is
availing leave to Head quarter. This is however in the condition if the
leave curtails is by one month or more.

E) TA DURING SUSPENSION

A govt. servant under suspension may be allowed TA if he has

to undertake a journey to an out station in order to examine the
official record for his defense.

F) MOVE TA

A lump sum amount is paid to the govt. servant to move with

the offices from Srinagar to Jammu and vice versa. The govt.
servants have to join their duties immediately after the expiry of
move day. If he does not join within the prescribed time lie shall be
allowed TA admissible under rules for journeys within different
places.

A govt. servant who is transferred from a moving office to a non-

moving office from one province to another shall be paid TA
provided such transfer within one month after opening of offices.

A female employee of move office who is on maternity leave

on the eve of Durbar move shall be entitled to move TA if she
resumes her duty after the expiry of maternity leave i.e. upto 135
days.

- 109 -
SNo Index Book Pg Page
No
No
1 Explain the Relevant Provisions of CSR in Respect of Changing Or 1 902
Interpreting Rules?
2 What Are the Various Provisions of CSR Which Apply To Various 1 902
Claims of An officer?
3 Define the Following Terms As Per the Provisions of CSR? 2 904
4 Substantive Pay & Pay 3 906
5 Pay & Salary 3 906
6 Deputation 3 906
7 Special Pay & Personal Pay 4 908
8 Initial Appointment & Initial Pay 5 910
9 Temporary Post & Tenure Post 5 910
10 Permanent Appointment & Temporary Appointment 5 910
11 Quasi Permanent 5 910
12 Probationer And On Probation 6 912
13 Identical Time Scale & Same Time Scale 6 912
14 Special Increment & Advance Increment 7 914
15 Actual Traveling Expenses & Actual Expenses 7 914
16 Active Service & Absentee 7 914
17 Substantive Pay Or Basic Pay 3 906
18 Special Pay 4 908
19 Personal Pay/Personal Allowance 4 908
20 Important 6 912
21 Example For Personal Pay/Personal Allowance 4 908
22 A Govt Servant Working Substantively in the Pay Scale of 1760-60- 4 908
2600-Eb-75-3200 Wef 1-5-1992 And Was Drawing Rs2600 He Was
Appointed As Probationary Under Secretary On 13-11-1992 Fix His
Pay in the Pay Scale of Under Secretary 2125-75-2800-Eb-100- 3600
And Also Indicate His Date of Next Increment
23 Initial Appointment 5 910
24 Initial Pay 5 910
25 Temporary Post 5 910
26 Tenure Post 5 910
27 Permanent Appointment 5 910
28 Temporary Appointment 5 910
29 Quasi Permanent ‘ 5 910
30 Probationer 6 912
31 On Probation 6 912
32 Important 6 912
33 Subsistence Allowance 6 912
34 Identical Time & Same Time Scale 6 912
35 Identical Time Scale 6 912
36 Same Time Scale 6 912
37 Special Increment 7 914
38 Advance Increment 7 914
39 Actual Traveling Expenses & Traveling Allowances 7 914
40 Active Service 7 914
41 Absentee 8 916
42 Differentiate Between Basic Pay And Salary? 8 916
43 Under What Circumstances Can A Special Pay Granted To An 8 916
Employee? Is the Special Pay Different From the Substantive Pay?
44 Write An Explanatory Note On the Following Technical Terms- 8 916
45 Proforma Promotion 9 918
46 Dies – Non 9 918
47 Super-Numerary Post 9 918
48 Post 10 920
49 Foreign Service 10 920
50 Family 10 920
51 Adhoc Appointment 10 920
52 Supernumerary Post 9 918
53 Stop-Gap Arrangement 10 920
54 What Does Hod Means? 11 922
55 Time Scale Pay 11 922
56 Apprentice 11 922
57 What Is Fee And Honorarium? (Refer Article 15-A) 11 922
58 Honorarium 11 922
59 Define the Term Duty? 12 924
60 Lien 12 924
61 Pay in the Pay Band 12 924
62 Grade Pay 12 924
63 Revised Emoluments 13 926
64 Controlling officer 13 926
65 Disbursing officer (Ddo) 13 926
66 Inferior Service 13 926
67 Pensionable office Or Pensionable Service 13 926
68 General Revenue 13 926
69 Headquarter 13 926
70 What Is the Meaning of the Following Or What Do the Rules Provide 13 926
For
71 Service 13 926
72 Cadre 14 928
73 Class 14 928
74 Category 14 928
75 Grade 14 928
76 Allowances 15 930
77 What Are Various Types of Allowances And How these Allowances 15 930
Are Relevant For Calculation of Salary?
78 Compassionate Allowance 15 930
79 Personal Allowance Or Personal Pay 4 908
80 Record Allowance (Only For Patwaries) 16 932
81 Risk Allowance 16 932
82 Compensatory Allowance 16 932
83 Local Allowance 16 932
84 Border Allowance 16 932
85 officiating Allowance/Acting Allowance 17 934
86 Charge Allowance 17 934
87 House Rent Allowance/Special Compensatory Allowance 18 936
 88 Medical Allowance 19 938
89 Temporary Move Allowance 19 938
90 Traveling Allowance 19 938
91 Personal Pay Or Personal Allowance As Already Done Above 4 908
92 Record Allowance 16 932
93 Compensatory/Local Allowance 16 932
94 officiating/Acting Allowance 17 934
95 Example For officiating Allowance 17 934
96 A Govt Servant Drawing Rs 1300/- in the Scale of 1000-60-1600 Wef 17 934
1-4-1993 He Was Promoted On officiating Basis in the Scale of 1200-
80-2000 Wef 1-8-1993 Fix His Pay Upto 1-8- 1994?
97 Example For Charge Allowance 17 934
98 A Govt Servant Was Working in the Pay Scale of 1000-60- 1600 And 17 934
Was Drawing Rs 1300 Wef 1-1-1989 He Was Appointed To Hold
Charge of A Higher Post 1200-80-2000 In
99 House Rent Allowance 18 936
100 City Compensatory Allowance (Cca) 18 936
101 Deputation Allowance 19 938
102 Temporary Move Allowance(Tma 19 938
103 Dearness Allowance (Da) 19 938
104 Chapter – Iii 20 940
105 General Rules 20 940
106 Conditions of Age & Health 20 940
107 What Are the Qualifications And Conditions To Be Fulfilled By A 20 940
Person For Employment in Govt Service? Also State Exceptions, If
Any, To the General Rules in This Respect?
108 Conditions of Employment 20 940
109 What Are the General Rules Prescribed For Determining the Age of A 21 942
Govt Servant? (Article 35-Aa)
110 What Are the Different Sources From Which the Date of Birth Is To 22 944
Be Verified?
111 How Would You Record the Date of Birth in the Service Book of Govt 23 946
Servant? Refer Article 35-Aa(B)
112 Important 23 946
113 What Procedure Has To Be Followed For Making An Alteration Or 23 946
Change in the Date of Birth of A Govt Servant? Refer Article 35-
Aa(C)
114 When Lien Can Be Retained? Refer Article 37-B 24 948
115 When Lien Can Be Transferred? Article 37-H 25 950
116 When Lien Can Be Suspended? Article 37-C 25 950
117 When Lien Can Be Terminated? 25 950
118 Can A Benefit of A Promotion Be Extended To A Govt Servant While 26 952
On Long Leave?
119 What Do You Know About the Transfer On Duty? Para 41 CSR 26 952
120 Pay of An officials Undergoing Training Or Instructions 27 954
121 How the Pay of A Govt Servant Will Be Regulated Who Is Deputed To 27 954
Receive Training?
122 Important 27 954
123 Training Course Outside the State But Within Country? 27 954
124 Advances To Govt Servants And their Recovery? Refer Article 42 of 28 956
J&K CSR
125 Chapter 5 29 958
126 officiating Allowance 29 958
127 What Are the Limitations Prescribed in the Rules For Making 30 960
officiating Arrangements?
128 What Are the Conditions Prescribed For Grant of Deputation 31 962
Allowance? Refer Article 52-D
129 What Are the Terms And Conditions of Deputation? Refer Article 57- 32 964
C
130 Chapter 7 32 964
131 Regulation of Pay And Allowances 32 964
132 What Is Increment And How It Is Earned? Refer Article 72 Or What 32 964
Do You Mean By Accrual of Increment? Or Define Increment?
133 Specify the Period of Service Which Counts For Increment? Refer 32 964
Article 78
134 What Do You Know About With-Holding of Increment? 33 966
135 Describe Grant of Advance Increment? Refer Article 74 of J&K CSR 34 968
136 What Do You Mean By Stagnation Increment? Refer Article 74- Ccc 34 968
137 Important 35 970
138 Differentiate Between Increment And Efficiency Bar? 35 970
139 Efficiency Bar 35 970
140 On Which Occasion the Question of Pay Fixation of Govt Servant 36 972
Arises?
141 Important 36 972
142 How Is the Pay of the Govt Servant Fixed? 36 972
143 On His First Appointment 36 972
144 On His Promotion 36 972
145 On Reversion To Lower Post 36 972
146 Example 36 972
147 A Govt Servant Was Drawing Rs 1300/- in the Pay Scale of 1000-60- 36 972
1600 Wef 1-4-1998 He Was Promoted To the Scale of 1200-80-2000
Wef 1-8-1999, Fix His Pay
148 As Per Rule 13 of the Revised Pay Rules – 2006 A Govt Servant Was 38 976
Drawing Pay Rs 5540 in the Pay Band of Rs 4440-7440 With the
Grade Pay of Rs 1300 = Rs 6840 Wef 3-7-2010 He Was Placed in the
Same Pay Band Wef 1-1- 2011 To Which the Grade Pay Was Fixed To
Rs 1400 Fix His Pay?
149 On Reversion To the Lower Post Example 39 978
150 A Govt Servant Was Appointed in the Pay Scale of 600-40- 1000 Wef 39 978
1-1-1981, He Was Promoted To the Scale of 800-50- 1200 Wef1-1-
1982 He Has Been Reverted From Higher Grade To Lower Grade On
Charge of Misconduct in His Old Scale of Pay 600-40-1000 As A
Penality As On 1-4-1987 Competent Authority Has Allowed Him Pay
of Rs 1050 in the Lower Post Fix His Pay

151 How You Will Fix Pay On Re-Employment of A Pensioner? 40 980

152 An Example 41 982
153 A Pensioner Was Drawing Rs 2000/- As His Pay At the Time of His 41 982
Superannuation On 31-1-1990 the Amount of His Pension Is Rs 1000
He Was Re-Employed in the Pay Scale of 1400-70-2100 On 4-7- 1990
Fix His Pay On Re-Employment
154 Important 41 982
155 Write A Brief Note On Stepping Up of Pay? 41 982
156 Write A Brief Note On Service Record/Service Book? Refer Article 42 984
265 & 268 (A) Treasury Form No 60
157 How To Fix Pay of An Employee Who Is Getting Maximum of the 43 986
Grade in the Lower Post And Promoted To the Next Higher Grade?
Example A Govt Servant Is Drawing Rs 1600/- in the Scale of 1100-
50-1600 Wef 21-4-1993, He Was Promoted To the Scale of Rs 1260-
60-1800 Wef 16-9-1993 Fix His Pay Upto 1-9-1994?
158 Chapter 9 44 988
159 Refer Article 91 of J&K CSR 44 988
160 Important 44 988
161 What Procedure Has To Be Followed For Regulating the Joining Time 44 988
in Respect of Govt Servant? Or Define the Term Joining Time How Is
It Regulated?
162 What Procedure Has Been Prescribed For Calculating the Joining 45 990
Time Admissible Under-Rules?
163 Important 46 992
164 Example Mr Arwani Is Transferred From X Station To Y Station 46 992
Involving Change of Station
165 Calculate His Joining Time And When He Should Join At Station Y 46 992
166 A Sunday Does Not Count As A Day For Purposes of the Calculation 46 992
of This Rule, But Sundays Are Included in the Maximum Period of 30
Days
167 A Government Servant Transferred From A Place To A Principal 47 994
Town (B) in Public Interest With the Following Details-
168 Under What Condition the Leave Can Be Combined With Joining 47 994
Time?
169 How Is Joining Time Regulated When A Government Servant Is in 48 996
Transit From One Station To Another Receives Another Transfer
Order And Enroute?
170 Govt Servant Was Drawing Pay of Rs5250 On 01-01-95 in the Time 48 996
Scale of Rs4000-75-5700 Is Promoted To Time Scale of Rs4300-100-
5900 On 28-12-1997, Fix His Pay
171 Govt Servant Was Drawing Pay of Rs5750 On 01-04-96 in the Time 49 998
Scale of Rs5000-150-8000 He Is Promoted On 01-06-1997 To the
Time Scale of Rs5500-175-9000, Fix His Pay On Promotion
172 Govt Servant Was Drawing Pay of Rs5160 On 01-01-95 in the Time 49 998
Scale of Rs4000-75-5700 He Is Promoted To the Next Time Scale of
Rs4300-100-5900 On 01-01-1997, Fix His Pay
173 Govt Servant Was Drawing Pay of Rs1000 in the Pay Scale of Rs800- 50 1000
40-1040 On 01-01-1987 He Was Promoted To the Pay Scale of
Rs1000-40-1200-50-1500 From 01-05-1987 Placed Incharge of
Another Post Gcarrying Pay Scale of Rs1200-50-1500-75-1800 From
01-06-90 in Addition To His Own Duties Upto 15-07-1993
174 Govt Servant Was Drawing Rs5540 in the Pay Band of Rs4440- 7440 50 1000
With Gp Rs1300 = 6840 Wef 3-7-2010 He Was Placed With Same Pay
Band Wef 1-1-11 To Which the Gp Fixed To Rs1400 Fix His Pay
175 Govt Servant Was Working in the Pay Scale of Rs1760-60-2600- Eb- 51 1002
75-3200 And Was Drawing Pay Rs2600 Wef 1-5-92 He Was
Appointed On Probation As Under Secretary On 13-11-92 Fix His Pay
in the Pay of U/Secretary Rs2125-75-2800-Eb-3600 And Also
Intimcate Date of His Next Increment
176 Chapter – X Suspension 52 1004
177 What Should Be the Grounds For Suspension? 52 1004
178 What Is the Justieication For Placing A Govt Servant Under 52 1004
Suspension?
179 Who Are the Authorties Competent To Order Suspension? 53 1006
180 Whether Suspension Amounts To Punishment? 53 1006
181 When the Order of Suspension Takes Effect? 54 1008
182 What Is Subsistance Allowance And What Are the Conditions Under 54 1008
Which It Is Admissible?
183 Or 54 1008
184 What Payments Shall Be Made To A Govt Servant Under 54 1008
Suspension?
185 What Are the Rules Prescribed in Respect of the Following Items? 56 1012
186 office Attendance At Head Quarter During Suspension 56 1012
187 Promotion During Suspension 56 1012
188 Payment of Gpfund Advance 57 1014
189 Departmental Examination During Suspension 57 1014
190 Payment of Leave Encashment To Suspended Govt Employee 57 1014
191 Eb During Suspension 57 1014
192 Grant of Provisional Pension To A Govt Servant Who Retires During 58 1016
Suspension
193 What Are the Recoveries To Be Made From A Govt Servant From the 58 1016
Subsistance Allowance?
194 Compulsory Deducation 58 1016
195 Optional Deducation 58 1016
196 the Following Recovery Cannot Be Made From the Subsistence 59 1018
Allowance
197 Subscription To Gp Fund 59 1018
198 Amount Due On Court Attachment 59 1018
199 Recovery of Loss To Govt For Which the Govt Servant Is Responsible 59 1018

200 What Precautions Are To Be Observed By An Authority While 59 1018

Reinstating A Suspended, Dismissed Removed Compulsory Retired
Govt Servant About His Pay And Allowances?
201 Pension 60 1020
202 What Is Pension? 60 1020
203 How Many Kinds of Pension Are Provided in the State Service? 60 1020
204 Superannuation Pension 61 1022
205 Special Pension 61 1022
206 Retiring Pension 61 1022
207 Invalid Pension 61 1022
208 Extra Ordinary Pension 62 1024
209 Provisional Pension 62 1024
210 Compensaion Pension 62 1024
211 Write A Note On Assumptive Pension And Anticipatory Pension 63 1026
212 Assumptive Pension 63 1026
213 Anticipatory Pension 63 1026
214 What Are Some Useful Rules of Everyday Use in Relatiois To 64 1028
Pension?
215 What Are the Rules Prescribed For Calculating A Verage Emolvments 66 1032
in Respect of Pension?
216 What Are the Periods Which Do No Count As Service For Pension 67 1034
217 Or 67 1034
218 What Are the Cases in Which A Service of A Govt Servant Does Not 67 1034
Qualify For Pension?
219 Or 67 1034
220 Specify the Periods of Interruption Which Do Not Count As Service 67 1034
For Pension?
221 What Are the Conditions Laid Down in Rules Under Which Service of 67 1034
A Govt Servant Qualifies For Person?
222 What Pension And Death Cum Retirement Graduity Is Admissible 68 1036
When A Govt Servant Dies While On Duty
223 Or 68 1036
224 When A Govt Servant Is Permanently Incapacicated For Further 68 1036
Service Due To Injuries Received While On Duty?
225 What Is Commutation Pension And How Its Benefits Can Be 69 1038
Extended To A Govt Servant?
226 What Documents/Papers Are Required To Be Sent By the Head of 70 1040
the Department While Sending the Pension Case To Accountant
General?
227 What Have Made in the Rules For A Voiding Delayin the Grant of 71 1042
Pension To the Govt Servant?
228 What Is the Term Family Classified in the CSR For Purposes of 72 1044
Pension?
229 What Pension And Dcrg Is Admissible Incase A Govt Servant Is 72 1044
Reported Missing?
230 What Do You Mean By Overstay in Service After Retirement? 1573 4046
231 Medical Attendance Rules 74 1048
232 Explain the Rules, Which Govern Grant of Medical Treatment, 74 1048
Expenses of A Government Servant Or His Dependent Within And
Outside State?
233 Can A Government Servant Avail Benefits Under Medical Attendance 76 1052
Rules When He Already Avail Other Schemes (Med-Claim-Policy)?

234 Write A Brief Note On Medical Allowance? Answer- 76 1052

235 the J&K Civil Services (Leave) Rules 1979 77 1054
236 Former Under Secretary, J&K Government 77 1054
237 Chapter – Ii 77 1054
238 What Are the General Conditions Prescribed in Leave Rules For 77 1054
Grant of Leave in Favour of Government Servant?
239 Grant of And Return From Leave 78 1056
240 Application For Leave 78 1056
241 Leave Account 78 1056
242 Verification of Title To Leave 78 1056
243 Write A Note On-- 79 1058
244 Grant of Leave On Medical Certificate 79 1058
245 Commencement And Termination of Leave 79 1058
246 Combination of Holidays With Leave 79 1058
247 Absence After Expiry of Leave 79 1058
248 A Government Servant After Expiry of Leave Remains Absent 80 1060
249 in What Way Such A Matter Shall Be Processed? 80 1060
250 What Benefits Will Get A Government Servant Who Is Recalled 80 1060
Before the Expiry of Leave ? Or
251 Describe the Entitlement To A Government Servant Recalled To Duty 80 1060
Before Expiry of Leave
252 Under What Conditions Can A Government Servant On Leave Rejoin 81 1062
Duty Before Expiry of Leave? Or
253 How And When A Government Servant Should Return From A 81 1062
Leave? Or
254 Government Servant Before Expiry of Leave Is Coming Up With An 81 1062
Application Seeking Resumption For Duty How Will You Deal With
This Case
255 Briefly Describe the Rules For the Following-- 81 1062
256 Leave During Suspension 81 1062
257 Leave To A Government Servant Permanently Incapacitated 81 1062
258 How Will You Treat the Period of Government Servant Who While 82 1064
Returning From Leave Is Detained Due To Blockade of Road Or
Cancellation of Air Flight?
259 Chapter – Iv 82 1064
260 Different Kinds of Leave 82 1064
261 Describe Kinds of Leave Due And Admissible To A Government 82 1064
Servant Under the J&K Leave Rules - 1979?
262 Category-A 82 1064
263 Earned Leave 82 1064
264 Half Pay Leave 86 1072
265 Commuted Leave 86 1072
266 Leave Not Due 87 1074
267 Extra Ordinary Leave Without Allowances 88 1076
268 Category-B 83 1066
269 Special Kind of Leaves 89 1078
270 Maternity Leave 89 1078
271 Disability Leave 83 1066
272 Quarantine Leave 83 1066
273 Casual Leave 90 1080
274 Study Leave 83 1066
275 A Person Entered Into Government Service On 2Nd April 1988 He 84 1068
Avails Different Spells of Earned Leave From Time To Time
276 What Is Entitlement of Earned Leave To the Employee in Vacation 84 1068
Department?
277 What Do the Rules Provide For Earned Leave To Those Who Are 85 1070
Entitled To Enjoy Vacation?
278 What Are the Rules Governing Grant of Commuted Leave? Ans 86 1072
279 Chapter - Vi 91 1082
280 Study Leave (Rule 61) 91 1082
281 Rule 35 – Leave Preparatory To Retirement 92 1084
282 Rule 37 – Cash in Lieu of Leave At the Time of Retirement 92 1084
283 Rule 38 – Cash in Lieu of Leave To A Government Servant Who Dies 92 1084
While in Service
284 Rule 40 – Advance of Leave Salary 92 1084
285 Give A Background of the Rules Relating To Leave Preparatory To 92 1084
Retirement
286 Write A Note Regarding Cash Equivalent To Earned Leave Salary To 93 1086
Government Servant On Retirement
287 What Are the Rules Governing the Grant of Leave Salary in Advance? 94 1088

288 What Are the Rules Prescribed For Grant of Leave Salary On 95 1090
Different Occasions?
289 When A Government Servant Can Claim That He May Be Allowed To 95 1090
Avail of Earned Leave in Lieu of the Joining Time Which Is Not
Availed of By Him At the Time of His Transfer?
290 To Which Extent Can One Kind of Leave Be Combined With Some 96 1092
Other Kinds of Leave?
291 What Are Rules Prescribed For Grant of Leave To A Probationer And 96 1092
A Person On Probation?
292 Write A Note On Special Casual Leave Admissible To A Government 97 1094
Servant
293 TA Rules 99 1098
294 Definition 99 1098
295 Basic Miles 99 1098
296 How Is Da On Tour Calculated? 99 1098
297 What Are the Classifications of officers For Purpose of Da? 100 1100
298 What Is the Entitlement of A Govt Servant For Journey By Rail? 100 1100
299 What Is the Entitlement of A Govt Servant For Journey By Air? 101 1102
300 What Is the Entitlement of A Govt Servant For Journey By Road? 103 1106
301 What Allowance Is Payable For Journey By One'S Own Conveyance? 103 1106

302 What Are the Rules Regarding Reimbursement Or Conveyance 103 1106
Charges?
303 A Govt Servant Travels For Station A To Station B By Road Fare Paid 104 1108
Is Rs 3Oo/- Station B To Station C By Pony-50 Kms Da Is Rs120/-
304 What Are the Rules Regarding Payment of Conveyance Allowance To 104 1108
the Employees?
305 What Are the Conditions Under Which Daily Allowance Can Be 105 1110
Exchanged Into Mileage Allowance?
306 Example For Claim of Ta Outside the State 105 1110
307 What Ta Is Payable To A Govt Servant On Transfer? 106 1112
308 What Are the Rates of Da (Daily Allowance) Payable To the Govt 107 1114
Servant On Tour?
309 Under What Circumstances Can A Govt Servant Claim Actual 107 1114
Expenses in Lien of Traveling Allowance?
310 Short Notes 108 1116
311 Ta Payable To Govtservant On Retirement 108 1116
312 Ta Payable To the Family of Deceased Govt Servant 108 1116
313 Ta Payable To Attend Court 108 1116
314 Ta During Leave 108 1116
315 Ta During Suspension 109 1118
316 Move TA 109 1118