QUESTIONS BANK & ANSWERS ON STAFF RULINGS & DISCIPLINE : Compiled By Com Kayveeyes

QUESTIONS BANK & ANSWERS ON STAFF RULINGS & DISCIPLINE  : Compiled By Com Kayveeyes

Tit Bits - 3 

16.       Whether the holidays suffixed to leave would be termed as duty on promotion and pay fixation shall be drawn from the date of such suffix days?

Ø  It will not be termed as duty on promotion. As per FR 17(1) of FR & SR- Part I-General Rules”, an officer shall begin to draw the pay and allowances attached to the post only from the date he assumes the duties of that post.

17. If the first of the month happens to be a holiday as well as the prefix to the leave to be availed by an official in which month his increment is due, whether the increment will be drawn from the first of the month or after the official rejoins the duty?

Ø  The increment falling due on first of the month, a closed holiday allowed to be prefixed to leave, the due increment should be drawn from first of that month itself and the leave salary also should be based on the increased salary.

(Rule 22 (3) of CCS (Leave) Rules)

18. Whether the annual increment due during the period of maternity leave will be drawn from the date of joining the duties after leave or from the date it is due?

Ø  When an employee is proceeding on leave, she is entitled to draw leave salary equivalent to the pay drawn before proceeding on such leave. Accordingly, the annual increment falling during the period maternity leave will be drawn only from the date on which one joins her duties.

19.  What is the maximum number of increments granted to sports persons?

Ø  They are entitled for one increment for achieving excellence in national events and two increments for international events. Maximum five increments are allowed in one entire career.

(DOPT OM No. 6/2/85-Estt (Pay I) dated 30.01.1989)

20. What is the restriction under FR 35 for officiating pay when a Government is ordered to work in higher posts?

Ø  As per DOPT OM No. F/1/4/2009 - Estt (pay I) dt. 08.03.2010, for employees receiving pay in the pay band up to Rs.14880 PM (our cases), 15% of the basic pay subject to a maximum of Rs. 2000/- PM (including the difference of grade pay between the feeder and the promotional post). The annual increment @ 3% of the basic pay so fixed shall be granted.

21. Whether an official who is on long leave is entitled for drawal of HRA? If so up to what extent?

Ø On medical leave, HRA has been allowed for 8 months. Beyond that also it can be allowed by the controlling authorities. For other kinds of leave, HRA is allowed upto 180 days without any certificate. On furnishing required certificate, it may be drawn for the remaining periods.

           (MOF OM No. 11020/19/90-EII (B) dated 05.02.1991)

22.An official provided with staff quarters is transferred in the middle of an academic year to another station. What is his HRA entitlement?

Ø 1. In such cases, if he detains the Govt accommodation at the old station, HRA will be allowed for 8 months at the new station. 

2. If he is not in occupation of Govt accommodation in old station and not allotted accommodation in the new station and leaves family at the old station, HRA is allowed as under:

 

(i) For the first 2 months of assuming charge at the new station	At the rate drawn at the old station
(ii) For the next 4 months or till the end of the academic year, whichever is later	At the rate drawn at the old station or the maximum rate allowed at the new station for residence taken on rent, whichever is less

 

     3. As per MOF No. 19055/1/E-IV/2002 dated 28.03.2003, employees transferred due to shifting of headquarters, shall be entitled to HRA at the rate admissible to them at the old headquarters, if their families continue to reside there, for six months or till the employee is allotted or secures family accommodation at new headquarters whichever is earlier.

23.       Both husband and wife are posted in one station and one is provided with Government accommodation. They are claiming HRA for both saying that they are residing separately. Whether is it permissible?

Ø No HRA will be allowed irrespective of the fact whether they live together or live separately except in pursuance of a court order of judicial separation. If any one of the spouses is allotted Govt accommodation or the post attached Government accommodation and working in the same station, HRA shall not be drawn to the spouse. (Para 5 (C) c (iii))

24.       Whether full HRA is admissible during the period of Half Pay Leave?

Ø  The Leave Salary is based on the pay drawn immediately before proceeding on leave. For Half Pay Leave, the Leave Salary will be 50% of last pay drawn and DA will be calculated on this 50% of pay last drawn. During the period of leave, HRA will be at the same rate at which he was drawing immediately before proceeding on leave. For Half Pay Leave, there will be no reduction in HRA and full HRA shall be drawn. 

25.Whether drawal of HRA can be restricted to one in case both husband and wife are Government Servants and not provided with staff quarters?

Ø  No restriction shall be imposed only on the ground that husband/wife is also a Government servant and living together with the hired/owned accommodation. In such cases, normal amount of HRA shall be granted to both of them.

(MOF No. F/11015/2/87-E II (B) dated 08.11.1988)

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