Reading Material

On

Entitlements of the Families

of
Government Servants Dying In
Harness
OR
While Under Suspension
And Of
The Families of Missing Govt.
Servants
Over a Period of Time
By
K.K. Sharma
Joint Controller (F&A)
ENTITLEMENTS OF THE FAMILIES OF GOVERNMENT SERVANTS DYING IN
HARNESS WHILE ON DUTY-UNDER SUSPENSION – MISSING OVER PERIOD OF
TIME
 The present hand out with essential reading material has been
prepared/complied from the various sets of Rules and Standing instructions issued by
the State government from time to time for the convenience and facility of the
trainees/participants thereby bringing out the same at one place.. The description of
such relevant Rules are as under:-

(1) Handbook on Personal Matters Issued by the Department of Personnel, Govt. of H.P.
(2) C.C.S (Pension) Rules, 1972.
(3) C.C.S (Leave) Rules,1972.
(4) General Provident Fund Rules, 1960.
(5) H.P. Employees Group Insurance Scheme, 1984.
(6) C.C.S Liberalized (Family Pension) Rules.
(7) Janta Personal Accidental Scheme as notified by the H.P Govt

As and when a government servant being earning member dies while on duty, his family
members are in great distress and in financial hardship also. In such a situation it
becomes moral as well as statutory duty of the department concerned to expedite all the
dues legally payable to the family in a time bound manner in order to avoid delay in the
settlement of legitimate claims. Keeping all these facts in view, attempt has been made
to clarify in this handout as to who are the competent authorities for according financial
sanction, extent of amount payable under each rule and the Head of account to which
expenditure is debitable in each such claim. It is hoped that present compilation will go
in long way to accelerate the process of finalization of these claims in the concerned
departments within the stipulated period.

Following facilities are available to the families of government servants who die while in
service or under suspension or government servants who are missing over a long
period of time and are not traceable despite of the fact that the family has lodged F.I.R
with the nearest police station and employee is not traced even after best efforts of
police authorities:-

1. DEATH GRAUITY:

Death Gratuity is admissible to the family based on the length of service rendered by
the deceased, on the following scales:

Length of service Death Gratuity payable to family

Less than 1 year 2 times of emoluments

1 year or more but 6 times of emoluments

Less than 5 years

5 Years or more but 12 times of emoluments

Less than 20 years

20 years or more Half of emoluments for every completed 6-monthly period of
 qualifying service subject to a maximum of 33 times of

emoluments or Rs.10.00 lac, whichever is less.

Formula is: Emoluments Last drawn x HYP of A.Q.Service

For the purpose of death gratuity, emoluments mean Basic pay in relevant

Pay Band, Grade Pay and Dearness Allowance generally. However, Non

Practicing Allowance in case of Medical Services, is also to be treated as

Basic Pay for this Purpose. The amount payable is based as per Gratuity order

issued from the office of the A.G.H.P. and expenditure is charged to Pension

and Retirement Benefits in respect of deceased employee who were covered

under the provisions of C.C.S (Pension) Rules, 1972.

FAMILY PENSION

If a govt. Servant/pensioner dies, his family becomes entitled for the payment of
family pension. There are two rates of family pension i.e. normal and enhanced. Family
pension at normal rate is admissible to the members of the family in the order and
manner prescribed under the rules. However, if a Govt. Servant dies after rendering
continuous service of not less than 7 years, the family pension will be paid at enhanced
rates, instead of normal rates, for a period of 10 years from the date of death and
thereafter normal rate of Family Pension shall be applicable.

In case of a person who dies as Pensioner, enhanced rate shall be

applicable for a period of 7 years from the date of death or till the pensioner would have
attained the age of, 65 years/67 years, as the case may be, had he been alive,
whichever is earlier.
Normal Rate of family Pension:

Family pension is payable at the rate of 30% of the pay last drawn
at the time of death/retirement, as the case may be, subject to the minimum of
Rs.3500/- per month and maximum of Rs.23700/-p.m. plus Dearness Allowance as
applicable from time to time. Any fraction of a rupee is to be rounded to the next higher
rupee.

Enhanced Rate of Family Pension:

Family pension at enhanced rates will be paid @ 50% of pay drawn at the
time of retirement/death, amount of pension or double of normal family pension, which
over is least as the case may be, provided no compensation under Workmen
Compensation Act is payable. However, where family pension is payable to the family of
deceased pensioner, this amount at enhanced rate will be restricted to the amount of
pension sanctioned on retirement. Any fraction is to be rounded off to the next higher
rupee.

Where any compensation under Workmen Compensation Act is payable

to the family members of the deceased, the enhanced rate of family pension will be
equal to 45% instead of 50%. Other terms and conditions will remain unchanged.

Definition of Family:

Family for the purpose of payment of Family, Pension, (means):

i. Spouse (whether marriage took place during service or after retirement),

iI. Unmarried sons, unmarried daughters, widowed/divorced daughters, provided they

were dependent on the govt. servant and on the date when family pension becomes
payable to them, provided their age is below 25 years or till he/she starts
earning/marriage/re-marriage, whichever is earlier. Any mentally retarded/physically
crippled child fulfilling the conditions will be treated as a normal child until he/she does
not incurs any of the ineligibilities i.e. dependency, marriage or 25 years of age.
However, family pension to the mentally crippled child will be paid to him though his
guardian.

iii. Mentally retarded/ physically crippled unmarried and dependent child (ren)above 25
years of age for life long period.

iv. Parents who were wholly dependent upon the govt. servant when he/ she was alive
and futher subject to the condition that the deceased govt. servant/pensioner had left
behind neither a widow nor a child.
DEPENDENT

For the purpose of children and parents means that their

income from all sources does not exceed Rs.3500/- per month (in case of category at
Sr. No. (ii) to (iv) Only.

Payment of Family pension:

Generally, family pension is payable to one person at one time, First of all, the family
pension will be paid to the surviving spouse who will get the same until remarriage or
death whichever is earlier. Thereafter, the family pension will be paid to the eldest child
under category (ii). He/she will get the same until marriage/remarriage or till completion
of 25 years of age or till becoming financially independent or death, whichever event is
the earliest. After such child becomes ineligible, the family pension will be paid to the
next eldest child and so on…………….till the last child under this category becomes
ineligible to receive the family pension. Thereafter, the family pension will be
paid/restored in favour of the mentally retarded/physically crippled child falling in the
third category and if there be more than one such child, this will be payable to them in
order of their age, eldest getting the first. The second will get only after the death of the
first or till the first incurs any of the ineligibilities i.e. dependency and marriage.

Where there are more than one widow(legally married), the family
pension will be divided and allowed in equal shares. On the death of a widow, her share
will be paid to her eligible child(ren) if there be any. If there is none, her share will be
paid to the second wife in full.

If the deceased is survived by a widow and chid(ren) from another divorced/deceased

wife, the children will get the share of their divorced/deceased mother in the order
stated above.

Twins will equally share the family pension and in case either becomes
ineligible, the second twin will get full pension.

Family pension to eligible parents will be paid for life or till the time they start
earning Rs.3500/- per month. Mother to get first. Family Pension

Order is issued from the office of the A.G.H.P. The expenditure is debited to head-2271-
Pension and Retirement Benefit.

Additional Family Pension:

Additional Family Pension shall also be admissible on attaining the prescribed

age by the Family Pensioner as under:-

Prescribed Age Additional quantum of Family Pension

From 80 years to less than 85 Years. 20 % of basic Family Pension.
From 85 years to less than 90Years. 30% of basic Family Pension.
From 90 years to less than 95Years. 40 % of basic Family Pension.
From 95 years to less than 100 years. 50% of basic Family Pension.
100 years or more. 100 % of basic Family Pension.

3. DEPOSIT LINKED INSURANCE SCHEME(RULE 33-B OF GPF RULES):

When a govt servant who has put in at least 5 years of service and is a subscriber to
GPF, dies in service, his family becomes entitled for additional payment to the benefits
under this scheme. The amount, which will be in addition to the GPF at credit, will be
equal to the average balance in the account during the period of 36 months preceding
months of death. This additional payment will, however, be restricted to a maximum of
Rs.30,000/-. The benefit will not be payable in those cases where the balance at credit
had fallen below the following limits at any time during the last 3 years preceding the
month of death. The maximum of the scale of the post is to be related to that post
which the deceased had held for greater part in the last such three years.

Maximum of the pay scale of the post Monthly Minimum required balance during the
period
Rs. 12000 or more Rs. 12000
Rs 9000 to Rs. 11999 Rs. 7500
Rs. 3500 to Rs. 8999 Rs. 4500
Below Rs. 3500 Rs. 3000

While working out average monthly balance, month of March every year and the last
month of such three year period will included the amount of interest. Benefit under the
above rule is authorized by the office of the A.G.H.P and expenditure is debited to Head
2235-Social Security and Welfare.

4. HP EMPLOYEES GROUP INSURANCE SCHEME:

This scheme is compulsory for all the State Govt. employees who enter service on or
after 01.04.1984. under this scheme, every member of the scheme has to contribute an
amount appropriate to the number of units he is entitled by virtue of his gradation on the
basis of is to be credited to the SAVING FUND and INSURANCE FUND
RESPECTIVELY. Savings funds carry Interest at the rates prescribed by the govt. from
time to time and are to be compounded after each quarter. The rate of subscription is
based on the maximum of the pay scale of the post which is as under:
Maximum of the pay scale Class Saving Fund Insurance Fund

of the post
Less than Rs.5160/ IV(Rs.15) Rs.10.50 Rs.4.50
Between Rs.5160-Rs10639/ III (Rs.30) Rs.21.00 Rs.9.00
Between Rs.10639-Rs.11659/ II (Rs.60) Rs.42.00 Rs.18.00
Rs.11660/ and above I (Rs.120) Rs.84.00 Rs.36.00

New entrants to service are to be enrolled as member of the scheme only from the
month of April every year. However, portion of insurance cover will be deducted from
their pay from the date of their entry into govt. service. They will subscribe to the
savings fund only from pay for the month of next April. Similarly, where grade of the
govt. servant changes during any month of the year, other than the month of April, he is
to be treated to have entered such changed grade from the next April and subscription
will also be revised from the month of such April. Subscription is payable till the end of
service including the month in which an employee retires, is retired, dies or quits service
on any account. Recovery for the m0nth of death, if not recovered, will be recovered,
will be recovered from dues payable to the family.

Head of Account for Final PAYMENT:

8011-Insurance Pension Fund

105-Saving Fund

106-Insurance Fund

Competent Authority:

Head of the Office .

5. TA TO THE FAMILY OF A DECEASED EMPLOYEE:

When the family wants to settle down in a station other than the last station of duty, TA
at the same rates as would have been admissible to the deceased govt. servant as in
case of transfer to other station. Transfer grant is also admissible. The family may travel
from headquarter to declared hometown or to any other place of residence where they
wish to settle. If at the time of death of the employee any member of his family happens
to be at a station other than the headquarters of the deceased govt. servant, such
member may; travel from that station to the home town or selected place of residence
but his claim will be restricted to what would have been admissible had he traveled from
last headquarters to such selected place/home town, as the case may be. Similarly, if
any member of the family proceeds to a place different from such selected place/home
town, he may be allowed TA restricted to what would have been paid otherwise.
When the family wants to settle down at the same station(last headquarters of the
deceased govt. servant) and change of residence is required or wants to settle at a
station which is within 20 kms. 0f such last station, TA at the following scale is
permissible:

For becoming entitled to this facility, the family should complete the journey within one
year from the date of death of the govt. Servant.

This facility is not available to the family of those employees who die while on
leave preparatory to retirement or re-employed retired employees or temporary
employees who die before rendering 3 years of service.

Advance of TA:

75 % of the probable amount of TA may be allowed as advance, which

will be received by one member of the family on behalf of all, on the surety of a
permanent govt. servant of equal or higher status of the deceased govt. servant. The
person receiving the advance should also give and undertaking that he will abide by the
conditions for the recovery of such advance. The amount of advance will abide by the
conditions for the recovery of such advance. The amount of advance will be recovered
within one month of the completion of the journey if the family travels in one batch or
where the journey is performed in \different batch, within one month from the date of
completion of journey by last batch. In any case the last such journey should be
completed within one year of the date of death of the employee and advance adjusted
with in one month from the date of such completion of journey. Otherwise, the amount is
requires to be refunded. The sanction is required to be accorded by the Head of the
Office of the concerned department

and chargeable to the S.O.E Salary.

6 EX-GRATIA GRANT:

As an immediate assistance to the family of the govt. servant who dies while in
service, adhoc ex-gratia grant equal to 4 times of the pay last drawn on leave or under
suspension on the date of death, the pay in their cases will be the pay which they would
have drawn had they not been on leave or under suspension (Minimum of Rs.35,000
and maximum limit of Rs.100,000/-).

TO WHOM PAYABLE:
 It is payable in the following order of preference:

i. Serving Spouse;

ii Dependent sons/daughters;

iii. Dependent Father;

iv. Dependent Mother;

v. Dependent brothers/sisters

It will be admissible to surviving spouse without any pre-condition. To other categories,

it is admissible only if they are unemployed and were entirely dependent on the
deceased govt. Servant. This is to be certified by the respective Deputy Commissioner.

TO WHOM ADMISSIBLE:

Admissible to the families of govt. servants born on regular establishment, work

charged employees entitled to pensionery benefits, employees appointed on
adhoc/tenure basis against regular vacancies, officers of All India Services serving in
connection with the affairs of the State of Himachal Pradesh. Families of those state
Govt. employees on deputation with any Himachal Pradesh organization or with any
govt/organization outside the Pradesh, will have the option to claim the benefits either
form the state govt.or from the borrowing organization but not from both.

WHO MAY AUTHORISE:

Appointing Authority may authorize the disbursement of adhoc ex-gratia grant and it will
be honoured by the Treasury/ Arrangements should be made to the payment
immediately after the allocation of funds and receipt of sanction.

HEAD OF ACCOUNT AND FUNDS:

Expenditure is debitable to head:

“2235-Social Security and Welfare,

60-Other Social Security and Welfare Programmes,

200-Other Schemes-Ex-Gratia payment to the families

of Govt.Servants dying in harness”

 The concerned Drawing and Disbursing officers will demand founds THROUGH
LETTERS, from the Under Secretary (Budget), Finance Department, Himachal
Pradesh, Shjimla-171002 as soon as the death of a govt. Servant under their control
takes place. The funds will be demanded telegraphically in cases of Drawing and
Disbursing Officers posted in the districts of Kinnaur and Lahul and Spiti and areas of
Pangi and Bharmour of Chamba District. While demanding funds, the Drawing and
Disbursing officer must indicate the PAY of the deceased official in addition to his other
particulars on the prescribed Performa together with reasonable proof of title to of
recipient to ex-gratia grant. The funds will be placed at the desposal of the concerned
Drawing and Disbursing Office within 3 days by the Budget Section of Finance Deptt. of
Himachal Pradesh Government.

Additional Ex-Gratia Grant

This grant, amounting to Rs. 20000/- is admissible to the families of those

employees who die at the place of duty while performing their official duties. This is in
addition to ex-gratia grant and is subject to the following further conditions and
procedure:

a. In addition to the application on the prescribed form specified for grant of e-gratia grant,
the Head Of Office concerned will certify that the death of the Govt. Servant tool place
at the place of duty performing his official duties and is covered for the grant of
additional ex-gratia grant.
b. In the case of employees deputed on official duties outside his headquarters, such
certificate will be issued by the Head of that office/Institution where the death of such
employee took place while performing his official duties, which will further be
countersigned by the respective Head Office, before recommending the case for this
additional ex-gratia grant.
c. It will also be certified by the Head Office concerned that the deceased employee is not
covered under some other scheme(s) of the Govt. for providing ex-gratia or allied grant
or death risk cover at the higher rates than admissible under the existing scheme.
d. For the purpose of sub-paras (a)&(b), the duties at the place of duty means, where the
employee normally performs his official duties including the place away from his
headquarters where is deputed to undertake his official duties but is does not include
the area falling in transit between the residence/office and the duty place.The
sanctioning authority is the same as in the case of ex-gratia grant.

8. GOVT. ACCOMMODATION/HOUSE RENT:

If the deceased Govt. Servant was in possession of Govt. accommodation, his family
will be allowed to retain the accommodation for one year at the same rate of licence fee
as was applicable at the time of his death. In other cases, House Rent Allowance will be
paid to the family for one year at the rate at which it was admissible to the Govt. Servant
immediately before his death.
9. FREE EDUCATION FACILITIES TO CHILDREN :

The facility is available to the dependent and unmarried children of the deceased Govt.
Servant and is admissible for education unto degree-level course (including professional
courses) provided they get admission on merit and pass the examinations held from
time to time . Under this facility, tuition fee at the rate as applicable In govt. institution
only is reimbursable from the date of death of the Govt. Servant.

10. FREE MEDICAL AID:

SPOUSE OF THE DECEASED Govt. Servants are entitled to free medical aid on the
same lines as is available to the pensioners of Himachal Pradesh Government but
children are not entitled.

11. EMPLOYMENT ASSISTANCE:

Under this scheme, the employment on compassionate grounds to the dependants of

govt. Servants dying in harness, is not to be provided as matter of right and instead is to
be given only in deserving cases where the family of the deceased govt. servant is left
in indigent circumstances requiring immediate means of subsistence.

This policy is also applicable to daily wagers with 5 years service as such but not less
than 240 days in a year (to be computed as an average of the number of days served in
preceding year), a missing employee who has been missing for more that 2 years and
employees dying during extension of service (not reemployed). The employment to the
dependent of the daily paid workers referred to above is to be provided on daily wages
only subject to fulfillment of other criteria for compassionate appointment.

The employment on compassionate grounds will be allowed in order of priority(1) to

widow,(2) to a son or (3) to an unmarried daughter. However, where the deceased was
unmarried, this can be provided to father, mother, and brother or unmarried sister.

Compassionate appointment is to be provided basically in the Department in which the

deceased was serving before his death. In exceptional cases where the post does not
at all exist in that Department, the said Department may recommend appointment in any
other Department. Heads of department have been delegated the power to appoint
persons on compassionate grounds.

The appointment will be made only to the lowest rung of class III or class IV posts. To
Class III posts, the appointment will be made in the scale of Rs. 3120-5160 only and the
post will include all posts in this pay scale including those of teachers and technical
posts.

Compassionate appointment will be made only against direct recruitment quota posts.
The candidate should possess the minimum qualifications (educational and technical),
prescribed in the respective Recruitment and Promotion Rules. Where the post requires
pre-service training, the candidate must possess such training. If any physical standards
are prescribed, those also must be possessed by the dependent to employed.

However, where widow of the deceased govt. Servant represent/claims such person(s)
is/are not supporting her, case of employment of widow only will be considered and in
that case too, the opinion of departments of Personal and Finance of Himachal Pradesh
government will be sought and matter referred to the Council of Ministers.

If some loan or advance remained to be paid by the deceased, an undertaking from the
person to whom this assistance is to be given, should be taken to the effect that he will
pay the balance which remained unrecovered from the decease Govt Servant.

For making compassionate appointments, the agency of HPPSC or Employment will not
be involved.

The ban on filling up of vacant posts also does not apply in cases of compassionate
appointments.

Cabinet only is empowered to relax educational qualifications for class-IV posts. For
widow, this relaxation can be given by the Administrative Department. Educational
qualifications will not be relaxed in other cases.

Application for compassionate appointments should be made within three years from
the date of death of the Govt. servants. However where neither any son nor any
daughter of the deceased Govt. Servants was of 18 years or more of age, the
applications will be entertained until the eldest of the sons/daughters attains the age of
21years. Time limit so prescribed can be relaxed in cases of employment of
widow/son/daughter of a Govt. Servant belonging to difficult areas only.

Appointment may be made in any cadre of Class-III or Class-IV service carrying pay
scale of 3120-5160 on the basis of qualifications possessed by the person to be so
appointed. It is NOT NECESSARY that dependent of a deceased Class-IV, should be
appointed only against a class-iv post. This is, however, subject to availability of
vacancy.

12. WRITING OFF OF HOUSE BUILFING ADVANCE :

Loan taken from govt. for construction/purchase of residential house/plot by the

deceased govt. Servant may be written off along with interest there on, by the
Administrative Department in consultation with the Finance Department. For this
purpose a certificate from the respective Deputy Commissioner will be obtained to the
effect that the deceased is survived by unemployed widow/widower and/or by
son(s)/daughter(s), father, mother, minor brothers and sisters who were entirely
dependent upon the deceased Govt. servant.

The sanction to write off will be subject to the condition that in the event of dependent or
near relative if appointed subsequently, will repay the amount so waived off.
13. DEAD BODY CARRIAGE CHARGES

THE Head Of Office, in case of death of any employee, may spend a sum not
exceeding Rs.5000 while on duty in his office or while on tour, for obsequies/ cremation
of the death body or for its transportation to the native or other place if there is no
member of the family or kith and kin present. However, before sanctioning such
expenditure, necessary particulars are to be obtained and the sanctioning authority has
to satisfy itself about the quantum of amount to be sanctioned. The amount is to be
drawn on the production of death certificate from the attending doctor, if any, at the time
of death, where there was no such doctor, statement of circumstances and reasons
resulting in the death should be produced duly authenticated by the Head of Office. The
amount is to be paid to the nearest relative of the deceased or to a person in lawful
possession of the body against due acknowledgement. The expenditure will be met
from the office contingencies.

14. PAYMENT OF TAXI FARE IN CASES OF DEATH AFTER STERLIZATION

OPERATION :

If the hospital in which the death of employee after such operation took place, certified
that the body of the deceased govt. servant was transported in a taxi/other conveyance
to the place of residence in Himachal Pradesh, charges on this account will be
reimbursed for such carriage. The expenditure will be met from ex-gratia fund of state
available with the Medical Department.

15. LEAVE ENCASHMENT

1. Encashment of Earned Leave :

On death of the government servants, their families are allowed the

encashment benefit of unutilized Earned Leave at credit of the Government servant on
the day of death. This encashment is allowed for a maximum period of 300 days of
earned leave.

The amount to be encashment is to be worked out by applying the following formula:

Cash Equivalent of Last Pay admissible in Number of days of

unutilized Earned relevant Pay Band + Grade unutilized Earned
leave = Pay +Dearness allowance X Leave restricted to
admissible on that date. 300 days

2. Encashment of Half-Pay leave:

 The Half-pay leave that is in the balance of the Half-Pay leave account of government
servants is also allowed to be encased in the event of death of government servant.
However, here the number of days of Earned Leave encased (including that encased
for LTC) + days of Half-Pay Leave encased should not go beyond the normal date of
superannuation. Further while calculating the leave salary payable for Half-Pay Leave
encashment, D.A. is to be added only for such number of days as fall short of 300 days
of Encashment of Earned Leave. Say if a government servant has been allowed earned
leave encashment for 260 days, the D.A. will be paid for the encashment of 40 days of
Half-pay leave is also to be reduced by the following amounts:

Family Pension for the corresponding period; Family pension at ordinary rates will only
be deducted. Where it is being paid at enhanced rated. Its portion equal to the ordinary
rate will be deducted.

Relief on Family Pension for the corresponding period: and

Pension equivalent of death gratuity to be calculated as under:-

Death gratuity divided by; (12 x Commutation factor)

Only the amount remaining after deducting the above components from the amount of
half-pay leave encashment it to be paid. If the amount of deduction is more than the
amount of encashment, nothing is to be paid on this account.

The orders for encashment of Earned Leave and Half-Pay leave are to be issued suo
moto by the authorities that are competent to grant such leave.

Payment of Insurance Scheme

Indexed Group Personal Accidental Insurance Scheme –

For regular part time, Contractual and daily Waged.

For a sum assured Rs.2.00 Lacs.

For a premium of Rs.91/- per annum.

By United Insurance Company, Ltd. Shimla.

Entitlements of Families of Missing Employees Over Considerable period

 The employee who is missing from office/absent from duty without prior
permission/sanction of leave from Competent Authority is not entitled for any pay and
allowances for such period. Besides, such an employee renders himself for disciplinary
action under Central Civil Services, Classification, Control and Appeal (Rules),1965 , for
violation of Conduct Rules,1964 and for lacking devotion to duty.

The family of employee who is missing/disappearing from his residence/home

for considerably longer period, is entitled for following payments after lodging FIR with
nearest Police Station:-

1. Duty Time Pay And Allowances:

The Family of employee who is dis-appearing after commiting frauds/

embezzlements etc. is not entitled for any benefits. But the family of missing employee
under normal circumstances, is entitled to receive duty time pay and allowances after
producing a copy of FIR lodged with the police alongwith report of the police that
employee could not be traced despite of best efforts of police on production of
Ideminity bound.

2. Payments After One Year:

The following payments are admissible to the family of missing employee after
a period of one year to be reckoned from the date of lodging FIR with the nearest police
and on receipt of report that person concerned could not be traced despite of best
efforts of the police:-

1.Ex-Gratia Grant

2.Family pension under Family Pension Scheme, 1964.

3.Retirement Gratuity under CCS Pension(Rules), 1972.

4. Final payments from GPF Account alongwith interest accrued thereon.

5.Saving Fund Component along with interest under GIS, 1984.

6.Leave Incashment in respect of unavailed leave maximum upto 300 days

Under provisions of CCS (Leave) Rules,1972 , apart from leave

Incashment in respect of Half Pay Leave.

3. Employment Assistence after Two Years:

 Employment assistance is also provided to one of the family members in case family
is left in indigent circumstances requiring for such help under Employment Assistence
Scheme of H.P. Government. This assistance is available if employee is not traceable
even after two years on receving report of police authorities.

4. Payments After Seven Years:

Under provisions of Criminal Procedure Code, a person is treated/considered as

to have been died if he is not traceable by the police even after a period of seven years
from the date of lodging FIR with the police. This declaration is required to be issued by
the competent Court of Law and to be be produced to the concerned Department where
employee has been serving before his disappearances/missing. On the basis of this
declaration following payments are to be released to the family of missing employee:-

1.Payment of difference amount between Death Gratuity and Retirement

Gratuity under CCS Pension (Rules)1972.

2.Payment of Deposit Linked Insurance amount under Deposit Linked

Insurance Scheme-Rule -32 of GPF Rules.

3.Payment of amount under Insurance Fund Component under Employees Group

Insurance Scheme,1984.

--:--
 Constitutional Provisions Relating to Services and
General Conditions Regulating Services

K.K. Sharma
Joint Controller (F&A)
HIPA, Fairlawns, Shimla-12

The following provisions of Indian Constitution regulates the Services of civil servants of the
Union of India and civil servants of the respective states.

Article 309 : Recruitment and conditions relating to Services of civil servants.

Notwithstanding anything contained in the constitution, Act of Parliament (in case of central
civil servants) and Legislature (in case of state civil servants) may regulate the recruitment and
conditions of civil servants. Further the President (in case of central civil servant) may frame the
law relating to these services for an intervening period.

The following set of service rules have been framed under article 309 of the constitution
of India:-

1) Fundamental Rules (vol.-I)

2) Supplementary Rules (Travelling Allowances)
3) Central Civil Services (Pension) rules 1972
4) Central Civil Services (Conduct) rules 1964
5) Central Civil Services (classification, control and appeal rules 1965)
6) Central Civil Services (leave) rules 1972
7) General Provident Fund Rules 1960
8) C.C.S. (Temporary Service) Rules, 1964.

These rules have been adopted by H.P. Govt. for its employees by issuing notification
under Article 309 of the constitution. Whenever any subsequent amendments are carried in these
rules by central govt; the state govt. may adopt these as such, may not adopt or may adopt with
certain modifications. This article is not applicable to the following categories:-

1) Officers belonging to All India Services as these

services have been established under article 312
of the Constitution.
2) Defence Services.
3) Constitutional Functionaries:-
(a) President/Vice President.
Speaker/Dy.Speaker/Governor.
 Chief Justice of India/Chief Justice of High Courts/Judges of Supreme
Court/High Courts.
Comptroller and Auditor General of India.
Chief Election Commissioner/Election Commissioners .Chairman U.P.S.C/State
Public Service Commission.

These constitutional functionaries are appointed under separate articles of the Constitution of
India. Their appointment, pay and allowances/perks, tenure of holding respective offices and
procedure for their removal in case of proved mis-behaviour is separately defined in the
Constitution.

Definition of Civil Service :

Civil Service means when civil servants of Union or the State get their salary from the
Consolidated Fund of the Union or State.
Consolidated fund of India and Consolidated Fund of the States has been established
under article 266 (1) of the Constitution of India. As for as state is concerned, all revenues
received, loans raised by it and all moneys received in repayment of loans form one consolidated
fund which is called Consolidated Fund of the State. No Moneys can be appropriated out of this
Fund except in accordance with law and for the purposes and in the manner provided in the
Constitution.

Article-310 : Tenure of office of persons serving the Union or State:

Defence personnel or civil servants of Union or the State including members of All India
Services shall hold office till the pleasure of President/Governor. This theory is known as
“Doctrine of Pleasure” which has been taken from British constitution where it is known as
“Pleasure of the Crown”.. Further certain safeguards have been provided to civil servants under
central Civil Services Regulation” from the arbitrary action of employer and article 310 is not
an absolute right now with the executive. But has only become restricted right.. This article has
been clearly defined “ after the landmark judgement delivered by Hon’able Supreme Court of
India in the case cited as Moti Ram Deka v/s North Eastern Railway Frontier in the year 1964
(which is reproduced in All India law Reporter Series 1964” (at page 609) wherein it has been
clearly laid down that no govt servant can be dismissed, removed and reduced in rank without
enquiry under CCS(CCA) Rules 1965 and without giving reasonable opportunity of being heard
to the govt. servant so as to prove his innocence and also to give opportunity to cross
examinee/re-examine the state witnesses produced against him during the course of such
independent inquiry before the inquiring authorities. The exception is in certain cases as defined
in proviso (a), (b) and (c) below article 311 of the Constitution of India. Giving of natural justice
and affording sufficient opportunity means:-

• Charges are to be framed and conveyed to the govt. servant in writing alongwith detailed
memorandum of charge sheet as per defined procedure under the law.
 • Conduct of inquiry is mandatory for which Inquiry Officer has to be appointed with the
orders of Disciplinary Authority under the rules.

• Reasonable opportunity has to be given to the charged officer to prove his innocence
during the course of such departmental proceedings.

• Reasonable opportunity to cross-examine/ re-examinee the witnesses produced against

charged govt. Servant has to be given as per procedure defined under the rules.

Though this article is now a restricted one and not absolute weapon in the hands
of executive but this article is still relevant to the extent that it establishes the “Master and
Servant” relationship i..e our Master is our employer who pays for us and we as civil servant,
are required to discharge our duties assigned to us by our employer in a proper manner according
to prescribed manner. Ours services are twenty-four hours at the disposal of our master and we
being government servant can be asked to perform our duties even before 10 AM and after 5 PM
and even on holidays if exigencies so require in the public interest. Thus Govt. servant can be
called back even when availing sanctioned leave by competent authority by curtailing the leave
period already sanctioned.

Article – 311 Safeguards from the dismissal removal from service and
reduction in rank.
a. No civil servant can be dismissed, removed from service or reduced in rank by an
authority, subordinate to which he was appointed (higher authority may do so).

b. No civil servant can be dismissed, removed from service or reduced the rank without
conducting inquiry under the rules and without giving reasonable opportunity to govt.
servant of being heard to prove his innocence from the charges levelled and conveyed to
him and to give him reasonable opportunity to examine, cross examinee, re-examine the
state witnesses produced against him.

Provided further that the procedure of inquiry is not required to be followed when;

1. Govt. servant has been convicted by court of law on a criminal charge in a criminal case.

2. Competent authority finds it that it is not reasonably practicable to hold such inquiry. But
such authority is required to record detailed reasons on the file before taking such drastic
action against govt. .servant in case of employees under probation period who is covered
under C.C.S (temporary Service) Rules, 1964 and still temporary government servant and
not permanent..

3. When work and conduct of govt. servant is such that it is endangering and threatening
the very security and integrity of the nation and when he is involved in anti national
activities.
Penalties defined under Rule-11 of Conduct Rules, 1964.

Minor Penalties

i. Censure
ii. Withholding of promotion
iii. Recovery of pecuniary losses caused to the state exchequer due to
negligence of govt. servant or breach of order.
iv. Reduction to a lower stage in time scale of the post for a period not
exceeding 3 years without cumulative effect.
v. Stopping of one increment- next increment for a period not exceeding 3
years without cumulative effect.

Major Penalties

i. Dismissal from service (which is disqualification to future employment).

ii. Removal from service (not disqualification from future employment)
iii. Stoppage of increment for a period exceeding three years with
commulative effect..
iv. Reduction in rank to a lower time scale of pay/lower post for a specified
period with cumulative effect.
v. Withholding of next increment for a period (specified period) with
cumulative effect which will be affecting pensionary benefits of govt.
servant.

…
 Reading Material & Briefs on
General Conditions Regulating the Services

By:-K.K.Sharma,
JOINT CONTROLLERr (F&A)
HIPA, Fairlawns, Shimla-12

Introduction
As and when person joins on any post, he is immediately governed by certain
set of rules regulating the recruitment and conditions of services framed under Article-309 of
constitution. His financial benefits are subject to the provisions of the rules and even after his
retirement on attaining the age of compulsory retirement on superannuation when govt. servant
gets monthly pension which is also subject to the future good conduct of such persons even after
retirement. As for as the state govt. is concerned, the H.P Govt. has adopted central rules to the
state employees. Any further modification made in these rules, are not ipso -facto applicable to
state govt. employees unless these are adopted by issuing notification under article-309 of the
constitution by the state govt. The state govt. may adopt these rules/amendments as such or may
not adopt or may adopt with certain modification as it may deem fit. The pay scales to state
employees are made applicable on Punjab pattern as defined in Hand Book On Personal Matters
issued by the Department of Personnel, Govt. Of H.P while other allowances are decided by state
gov.t at its own. from time to time. General conditions regulating the services of employees are
detailed as under:-

Minimum and Maximum age for entry into Government Service.

Class of Services Minimum Age Maximum Age

Class-I and II 21 Years 45 Years.
Class III & IV 18 Years 45 Years.

Documentary Proof required for recording Date of Birth.

1. Matriculation Certificate.
2. Certificate issued by respective Municipalities.
3. Certificate issued by respective Panchayats.
4. In the absence of any documentary proof affidavit is to be obtained in
the following manner;

a. When only year of the birth is known, the date of birth is to be

taken on first July of that year.
b. When only month of the birth is given, 16th day of that month is
to be taken into account.
Medical Fitness Certificate

No person can join civil service on his first appointment unless person is declared Medically fit
by Medical Board under provision contained in Fundamental Rules. Certificate of fitness issued
to this effect by Medical Board is required to be submitted before any such joining report is
accepted by concerned Authority. Medical examination fee shall be borne by the person who is
medically examined and the same is required to be deposited under appropriate receipt head into
Govt. treasury. Medical Fitness Certificate so issued shall be kept in a separate folder of service
record and entries in the service book shall be recorded and attested by head of office as under;

“Medically examined on _________ and found fit. Medical certificate kept in a

separate folder”
signature
with stamp Head of Office

Procedure for Change of Date of Brith

The Govt. servant may request in writing for recording change in date of birth
within two years from the date of entry into Govt. Service. If there is any bonafide clerical
mistake in the date of birth on the basis of documentary proof i.e. Panchayat/Municipality
certificate/ record and horoscope etc. On the basis of proposal sent by the Head of Department to
the Administrative Secretary; the Govt. may accord approval for carrying out correction in the
date of birth in the service record/service book of such a serving person. Without prior orders of
the govt. date of birth once recorded in the service book cannot be altered.

Secret Verification of Character and antecedents

On first appointment, character and antecedents are required to be verified

confidentially through Superintendent of Police so as to ensure that no criminal case is pending
against such a person which may debar a person from Govt. Service. As and when Character
and antecedents are verified, the entries in service book are required to be recorded as under:

“Character and antecedents verified and papers relating to this effect kept in a separate folder
of service record”

In case any criminal case is pending against such a person with the police or with the Court, his
services are required to be terminated forthwith.

Requirement of Citizenship for Appointment

1. Person should be bonafide resident of Himachal Pradesh duly certified through

concerned Revenue Patwari. This certificate must be countersigned by a Tehsildar/
SDM of concerned Tehsil/Sub-Division.
2. Citizen of India.
 3. Citizen of Nepal, Bhutan, Burmese in whose favour eligibility certificate has been
issued by Govt. of India.\

Mode of Recruitment

Recruitment through employment exchanges under employment Exchange Act .

OR

Public Service Commission / Staff Selection Board may recommend person for
appointment to different departments of H.P. Govt. by way of wide publicity i.e.
through advertisement in leading Newspapers/ Dailies before selection on the
basis of requisition received from the concerned department. Failure to observe
these channels before making appointment shall be invalid and violation of
Article-14 (Equal protection) and Article-16 (equality in matters of employment)
of the Indian Constitution.

Age of Compulsory Retirement in H.P.

1) All India Services like IAS/IFS/IPS 60 years

2) All State Services Class I,II & III 58 years
3) Class IV those who entered service 60 years
up to10th May, 2001
4) Class-IV those who enter/join service 58 years
on or after 11-May, 2001

Classification of Posts

Classification of posts has been made keeping in view the maximum of pay
scale of the posts as per notification dated 3-5-2001 as under:--

Maximum of Pay Scale of Post

a) Post in initial entry revised scales the Class-I

maximum of which is Rs. 11660 and
above (Now in the Grade Pay of
Rs.5000/ and above)
b) Post in the initial entry revised with Class-II
maximum ranging between 10640 to
11659.(Now in the Grade Pay in
between Rs4200 but less than
Rs.5000/)
c) Post initial entry revised with Class-III
maximum ranging between Rs. 5160 to
10639.(now in the Grade Pay in
between Rs.1900 but less than
Rs.4200/-)
 d) Post carrying initial entry revised scale Class-IV
the maximum of which is less than Rs.
5160(now Grade pay less than
Rs.1900/-)

Basis for Selection and Non-Selection Post

The different posts in H.P have been classified as Selection Posts and Non-
Selection Posts in the following manner:-

Classification Whether Selection /Non Criteria for promotion

Selection Post
Class I&II Selection Post Merit-cum-Seniority
principle followed
Class III Non-Selection Seniority-cum-merit
principle followed

Procedure for Framing of Recruitment and Promotion Rules

The prescribed procedure for framing recruitment and promotion rules and
mandatory provisions relating thereto under rules of business of H.P. Government is as under:-

Sub-Committee
Secretary concerned of the Department heads it. The draft of R&P Rules is
scrutinized /vetted by the Sub-Committee as received from the Heads of Deptt. Before these
rules are placed before the Council of Ministers for approval.. As and when the Council of
Minister has approved these, these rules are required to be published in extra ordinary gazettee of
H.P. Govt. Before these rules are made applicable, copies thereof are required to be laid down on
the table of the legislature.

Why these R&P Rules are required to be framed

1) This is mandatory without which no recruitment and promotion is valid in the

eyes of law.

2) Without these rules no natural justice can be done ( which will lead to chaos)

Ingredients of R&P Rules

The following are the ingredients which must be incorporated in R&P Rules of
each category of post;

1. Entry Age in initial recruitment

2. Designation of the Post.
3. Pay Scale of the Post.
 4. Whether Selection/Non-Selection Post
5. Classification of Post.
6. Essential Educational/ Technical Qualification/ Desirable qualification.
7. Minimum working experience (qualifying service)
8. Probation period
9. Whether passing of Departmental examination is necessary.
10. Mode of recruitment -- proportion of direct recruitment and promotion.

Lien
Lien is Right and Title of Govt. Servant to hold a post on regular basis either
immediately after absence or after leave.

How Lien is Acquired

Lien is acquired on receiving confirmation orders by the Govt. servant which

are issued after considering the matter by the duly constituted Departmental Promotion
Committee on its approval. The modified procedure of confirmation made by Govt. of India
from 1-4-88, adopted by H.P. Govt. to its employees w.e.f. 16-4-94 is given as under:-

1) Govt. servant shall be confirmed only once during his entire service career i.e.
confirmation is to be made only in the entry grade.
2) In case of selection in another Deptt. through proper channel and confirmation on
that post, the lien of such Govt. servant on his previous post shall be terminated.
3) Confirmation is now de-linked from total number of availability of permanent
posts.
4) On completion of probation period defined in R&P Rules successfully i.e. Passing
of departmental. examination and completion of training period, a person becomes
eligible for confirmation.
5) Where no probation period has been prescribed in the R & P Rules; Govt. servant
shall enjoy /avail all those benefits which are enjoyed by a permanent Govt. servant.
6) Lien will now represent right and title of Govt. servant to hold post on regular
basis.

Cadre
Cadre means total sanctioned strength of posts under separate unit in one
department Education. For example;
1 The cadre of Senior Assistants in the Pay Scale of Rs.5800-200-7000-220-
8100-275-9200 in the department,. now in the pay band-3 i.e.Rs.10300-34800 Grade Pay
Rs.3800/-

2. The cadre of Technical Assistants in the pay scale of Rs. 5800-200-7000-

220-8100-275-9200 in the department.
 Thus both these categories of posts are in different cadres and R&P Rules for
these different categories of posts although may be in the same Department are required to be
framed separately keeping in view the required educational and other qualification being
different for both these posts.

Time Scale

Which rises from minimum to maximum by periodical increments in a

particular Pay Band in a particular post..

Identical Pay Scale

Both the posts are said to be in identical pay scale when minimum, maximum in
pay Band, rate of increment, period of increment and Grade pay are the same.

Master Pay Scale

Which rises from minimum to maximum in a master pay scale covering

categories of all pay scales. Rs2520-23600 (minimum start from 2620), now from Pay Band of
Rs.4900-10680 to Pay Band of Rs37400-67000 i.e. from Pay Band 1 to Pay Band3.

Tenure Posts

Tenure post is a permanent post, which a person may hold for not more than the
limited period.

Temporary Posts

Temporary posts are those posts, which are sanctioned for a limited period and
are continued for subsequent financial year with the prior approval of Administrative Department
after obtaining concurrence of the Finance Department.

Officiating Posts
Officiating P0st is that post against which another person may hold a lien.

Permanent Posts
Permanent posts are those posts, which are sanctioned for unlimited period of
time.

Probationer
Probationer is a person appointed against permanent post with a specific
condition of ( 1) Passing of deptt. Examination (2) and completion of practical/theoretical
training successfully within specified period. During probationary period probationer get only
minimum of the pay scale of the post on which he has been appointed without any increment and
after probation period is over sucessfully, he gets his frozen increments and his pay is fixed after
allowing frozen increments . A promotee who is substantive holder of a post i.e. having lien on
lower post shall get the same pay during probationary period which he has been getting on his
old post if that happens to be more then the minimum of the pay scale of probationary post
instead of minimum . After successful completion of the probation period, his pay shall be re-
fixed from the original date by giving such incumbent promotional benefit only if pay scale of
subsequent post is higher.

On Probation
A person is kept on probation just to adjudge his work and conduct alongwith
suitability for that post. Probation period can be further extended with the order of appointing
authority but orders to this effect are required to be issued before the probation period is over. If
the work and conduct of a person is not found satisfactory during this period ,his services can be
terminated by the Competent Authority.

Earned Leave Salary

When on Earned Leave, a Govt. servant gets leave salary equivalent to the
amount which he/she had been drawing prior to the date of his proceeding on earned leave. If
annual increment falls on Ist of the month on which date a Govt. servant is on leave, the
financial benefit will be admissible from the date of resuming the duty after availing leave,
although next increment shall fall due on its actual accrual after one year if otherwise due. If the
leave period is not less than 30 days, an advance of leave salary equal to one months pay after
making necessary deductions, is also admissible.

Half Pay Leave Salary

During half pay leave, a Govt. servant shall receive the leave salary equivalent
to half of the amount of pay drawn immediately before proceeding on leave plus D.A. on that
half pay. Other allowance are payable as usual upto 180 days as he had been drawing prior to
the date of proceeding on half pay leave. After 180 days, Compensatory and House rent
allowances etc. shall be allowed on production of required certificate of living of the Govt.
servant at the same station of duty and incurring expenditure on this account.

Extra-Ordinary Leave

E.O.L is granted when no other leave is admissible or Govt. Servant

specifically requests in writing for the grant of this kind of leave although other kinds of leave
may be due in his leave account. No salary is admissible during this kind of leave under C.C.S
Leave Rules. The different spells of E.O.L. are deducted from gross qualifying service for
determining the pensionary benefits (except EOL granted on medical ground for self illness,
due to failure of the Govt. servant to join/rejoin duty due to civil commotion (bandh, strikes etc.)
and for prosecuting higher and technical studies).While giving advance credit of Earned leave
in the leave account section of the Service Book , 1/10 period of Extra Ordinary Leave(other
than the E.O L availed on medical grounds, failure of the Govt..Servant to rejoin duty due to
civil commotion and such leave availed for prosecution higher studies) and the period treated as
dies-non in the previous half, is to be deducted and only the balance is to be credited. Other
effects in relation to service benefits are as under:-

(i) No salary
(ii) Deferment of annual periodical increment
(iii) Non qualifying service for pensionary benefits
Dies Non
Dies Non is a period, which is not covered by any kind of leave and is a
willful absence from duty. Willful absence renders a person liable for disciplinary action apart
from following consequences:-
1) No pay and allowances
2) Deferment of next increment

3) While giving advance credit in Half Pay Leave Account in

subsequent half year, period of dies non of previous half year is
to be deducted @ 1/18th and only balance to be credited.

4) Non-qualifying period for pensionary benefits.

However, Over stayed of joining times/sanctioned leave unless regulated by the

Leave Sanctioning Authority as leave of the kind due, is treated as an automatic dies non and
without pay. Single absence from duty which is not in continuation of joining time/leave can
cause break in past service .The period of dies non is debited to the HPL Account to the extent it
is due and remaining period to be regulated as Ex-Ordinary Leave.

Procedure for causing Break in service in single wilful absence

Appointing authority may order and declare break in service in case of single
willful absence after giving “Show Cause Notice” to the Govt. servant asking for the reason for
such willful absence from duty. In case explanation given by govt. servant is not satisfactory, he
may order break in service thereby leading to forfeiture of past service..

Qualifying Service

1. All periods with duty salary.

2. All leave periods with Leave salary.

3. All periods of E.O.L , if availed due to :-

a. Self illness on medical grounds duly supported with medical certificate

b. Failure to join/rejoin duty due to civil commotion and bandh, transports strike etc.
c. E.O.L availed for prosecuting higher and technical studies.
 4. Where EOL on other 3 grounds availed but no specific orders/ entries in service book,
would count as qualifying service.

5. Deputation/Foreign service and period of duty spent on secondment in another

department.

6. Probation period followed by confirmation.

7. All Suspension period ended with imposition of minor penalty.

8. Even in case of major penalty where there are no specifc orders/ entries in service book,
period shall be qualifying service.

9. Half of the period of daily waged paid out of contingencies with the prior order of
appointing authority if daily waged period is followed with regular appointment without
any break.
10. Contract period if terms of contract so provides.

11. Period of previous military service with certain conditions.

12. Qualifying service on re-employment in respect of service rendered on previous post with
certain conditions.

Non Qualifying Service

1) Service rendered before attaining the age of 18 years i.e. boys service.
2) Over styal of leave/joining time which is not regularised with the leave of kind due
by the Leave Sanctioning Authority.
3) Single wilful absence from duty which can also cause break in service after adopting
defined procedure.
4) Period of suspension with major penalty where it is specifically mentioned that
suspension period shall non duty period.
5) EOL other than the above three grounds, where it is specifically stated that it will be non
qualifying period.

Resignation

Resignation tendered by a govt. servant to take up higher post in the event of his
selection with prior permission of appointing authority is a resignation given on technical
grounds which is called technical resignation and which is mere formality. All previous service
on the lower post shall be a qualifying service for all intents and proposes i.e. for leave, pay
fixation, joining time and pensionery benefits.
Resignation tendered by a govt. servant other than the above grounds entails
forfeiture of past service.
Competent Authority to Accept resignation

Only Appointing Authority of govt. servant.

Whether Resignation can be withheld

As a general rule it is not in the public interest to retain a govt. servant in

service who is not willing to serve. But in the exigencies of public services, it can be withheld till
alternative arrangements are made when govt. servant tendering resignation is discharging
important duties and also in case when a Govt. Servant is under suspension and Disciplinary
Authority has decided to dismiss/remove/compulsorily retire from service under rule 14 of CCS
& (CCA) Rules, 1965. In such cases, next higher authority can accept resignation (Minister
Incharge in case of class I & II and Administrative Department in case of class III and IV)

When Resignation Becomes Effective

Resignation becomes effective only when it has been accepted and govt. servant
has When Resignation been relieved of his duties with specific office orders.

Whether Resignation can be withdrawn

1) It can be withdrawn. It is deemed to have been automatically withdrawn on the

request of a Government Servant if the same has not been accepted and person is still
discharging the duties.

2) Even in case of relieving orders within 90 days from the date of resignation it can be
withdrawn with the orders of Head of department (in case of class III&IV) and by
A.D (in case of class I&II).

3) After 90 days, Minister Incharge of the govt. is competent to order withdrawal of

resignation. Competent authority i.e. Appointment Authority may condone the period
of absence from duty under rule 27 of Pension Rrule. In that case previous service
shall be qualifying service except period of absence for the purpose of pension.

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.