1 TO BE PUBLISHED IN HARYANA STATE GOVERNMENT GAZETTE-EXTRA Notification

Transcription

1
TO BE PUBLISHED IN HARYANA STATE GOVERNMENT GAZETTE-EXTRA
Notification
FINANCE DEPARTMENT
No. 189-FD(F.C.Cell)-2000
Dated, Chandigarh, the 4th January, 2001
In pursuance of the recommendations of the Eleventh Finance Commission as
contained in Chapter VII (paras 7.7 to 7.25, 7.33, 7.53 and 7.54) of its report and accepted by
the Govt. of India, the Governor of Haryana is pleased to constitute the ―State Level
Empowered Committee‖ (SLEC) with a view to sanction the schemes and monitor the utilisation
of special/upgradation grants recommended by the Eleventh Finance Commission. The
composition of the SLEC is as under :Chief Secretary
Chairman
Principal Secretary/Chief Minister
Member
Financial Commissioner, Finance
Member
Financial Commissioner, Planning
Member
Joint Secretary, Finance (Budget) will act as Member Secretary of the SLEC.
2.
The Eleventh Finance Commission has recommended grants to various States for
meeting their requirements in regard to special problems faced by them and for upgradation of
standards of services in non-development and development sectors. The SLEC shall be
competent to :(i)
Sanction schemes, provide funds and monitor the progress of implementation
of the schemes framed under upgradation/special problem grants
recommended by the Eleventh Finance Commission.
(ii)
Suggest modification under specific items, if any, keeping in view the overall
allocation made to the state.
(iii)
Suggest appropriate measures for optimum utilisation of upgradation/ special
problem grants.
(iv)
Examine other schemes which are or may be referred to it by the State Govt.
from time to time.
3.
In the fulfilment of its work, the SLEC may call for the concerned Administrative
Secretaries and Heads of the Departments as and when required and will have an access to
such departmental files and documents as it may consider necessary.
4.
The Town and Country Planning Department will be Nodal Department for Special
Problem grants.
5.
The SLEC should meet regularly (preferable not less than once in two months) in
order to resolve any problems that may occur during the process of formulation and
implementation of the schemes.
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6.
The action plans including the time schedule for various stages of the project and for
requirement of funds, duly approved by the SLEC will require to be submitted by the State
Finance Department to the Finance Commission Division, Department of Expenditure, Ministry
of Finance, Government of India for information.
Dated, Chandigarh,
the 20.12.2000
A.N. MATHUR
Financial Commissioner & Secretary to Govt.,
Haryana, Finance Department.
No. 189-FD(F.C.Cell)-2000
Dated, Chandigarh, the 4.1.2001
A copy is forwarded for information of :Principal Secretary/Chief Minister
Financial Commissioner Finance
Financial Commissioner Planning.
Sd/Research Officer,
for Financial Commissioner & Secretary to Govt.,
Endst. No. 189-FD(F.C.Cell)-2000
A copy is forwarded to Controller, Printing and Stationery, Haryana, Chandigarh for
publication of the notification ibid in Haryana Govt. Gazette (Extra-ordinary). He is requested to
furnish 20 copies of the notification to the Finance Department (Finance Commission Cell)
Govt. Haryana, Finance Department.
A copy is forwarded to the Accountant General (A&E) Haryana and the Accountant
General (A), Haryana for information.
Endst. No. 189-FD(F.C. Cell)-2000
A copy is forwarded for information to :1.
Director, Public Relations, Haryana, Chandigarh.
2.
All Heads of Departments in Haryana.
3.
All Deputy Commissioners in Haryana.
4.
Secretary to Governor, Haryana, Chandigarh.
5.
Commissioners of Ambala, Rohtak, Hisar and Gurgaon Divisions.
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A copy is forwarded to the OSD/CS for the information of Chief Secretary.
A copy is forwarded to the Joint Secretary, Finance (B), Haryana for information. He
will act as Member Secretary of the SLEC.
***************
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These instructions have become obsolete.
No. 1/2(8)98-2FR-II
From
The Financial Commissioner & Secretary to Govt.,
To
All the Heads of Departments in Haryana,
All the Commissioners of Divisions,
All Deputy Commissioners and
All Sub Divisional Officers (Civil) in Haryana,
Registrar, Punjab & Haryana High Court, Chandigarh.
Dated: 10th January, 2001
Subject : Payment of balance arrears of revised Pension/Family Pension of pre-1986 and
pre-1996 Pensioners/Family Pensioners.
Sir,
I am directed to invite your attention to FD‘s notifications No. 1/2(8)/98-2FR-II (PartIV), dated 13.1.2000 and 1/2(8)/98-2FR-II(Part-V), dated 18.1.2000, on the subject noted above
and to state that the matter regarding payment of balance of arrears on account of revision of
pension/family pension of pre-1986 and pre-1996 pensioners/family pensioners has been under
consideration of the Government for some time past and after due consideration it has now
been decided that the payment of balance arrears of pension/family pension be made
immediately in the month of January, 2001.
1.
In case, the undertaking as specified in the notifications referred to above has
not been obtained earlier, the same please be obtained now before the
release of the balance of arrears.
Yours faithfully,
Sd/Deputy Secretary, Finance,
***************
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No. 28/48/99-5B&C
From
To
All Heads of Departments in Haryana.
Dated : 17th January, 2001
Subject : Opening of new Sub Heads and Detailed Head of Account.
Sir,
In continuation of F.D. Endst. No. 28/48/99-5B&C dated 26.04.2000 and 2/4/20001B&C dated 17.08.2000 on the above subject, I am directed to say that it is mandatory to seek
the advice of the Accountant General (A&E), Haryana in the matter of opening of Sub Heads
and below in the budget. It has, however, been pointed out by the Comptroller and Auditor
General of India that this requirement has not been observed in some cases. This not only
goes against constitutional requirements, but also creates accounting problems.
It is, therefore, re-iterated that whenever a need arises in future to open a new SubHead (New Scheme) under concerned Major/Minor Heads, a proposal in the enclosed proforma
be sent to the Accountant General (A&E), Haryana through the Finance Department well in
advance of sending the final budget proposals to the Finance Department. It may be noted that
no new Sub-Head (New Scheme-both Plan and Non-Plan) will be included in the budget
proposals unless it is approved by Accountant General (A&E), Haryana.
These instructions may be brought to the notice of all concerned for strict
compliance.
Yours faithfully,
Sd/(P.K. Das)
Joint Secretary Finance
No. 28/48/99-5B&C
Dated 17.01.2001
A copy is forwarded to the Accountant General (A&E) Haryana, for information.
Sd/(P.K. Das)
A copy is forwarded to all the Financial Commissioners and Administrative
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Secretaries to Government, Haryana for information and necessary action.
Sd/(P.K. Das)
To
All the Financial Commissioners & Administrative
Secretaries to Government, Haryana.
U.O. No. 28/48/99-5B&C
Dated 17.01.2001
A copy is forwarded to all the Branch Officer/Supdts. in FD for information and
necessary action.
They are requested to obtain the approval of Accountant General (A&E) Haryana in
all such cases where a new sub head (scheme) is to be included in the Haryana Government
budget as per procedure laid down above.
Sd/(P.K. Das)
To
All the Branch Officers/Supdts. of
Finance Department.
U.O. No. 28/48/99-5B&C
Contd…
Encl.
Dated 17.01.2001
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ILLUSTRATIVE SHAPE OF PROPOSAL FOR OPENING SUB-HEAD/
DETAILED HEAD/OBJECT HEAD OF ACCOUNTS.
1.
Brief background note giving the details of the Scheme, activity etc.
2.
Proposed sub-head/detailed head/object head with ‗details of the functional head
and minor head.
Major Head
(Function) illustration
2210 Medical & Public Health
(Code)
(Name)
Sub-Major Head
(Sub Major function)
06 Public Health
(Code)
(Name)
Minor Head
(programme)
* as per List of Major 101 Prevention & Control of Diseases
and Minor Heads
(Code)
(Name)
Sub-Head
(Scheme like)
Code National Anti-Malaria
Programme (NAMP)
Code. Trachoma & Blindness
Control (TBC) Programme
Code National AIDS
Control (NAC) Programme
(Code)
(Name)
(Proposed)
Detailed Head
(Sub Scheme like
Code Directorate of NAMP
Code TBC Cell
Code NAC Organisation)
(Code)
(Name)
(Proposed)
Object Head
(Standard object of expenditure like
Code Salaries
Code Wages,
Code Grants-in-Aid etc.)
(Code)
(Name)
(Proposed)
3.
Details of other Heads such as Group Head, Sub Object Head, if any, in operation
at present.
4.
Name of the existing sub-head/detailed head etc. below which the new sub-head/
detailed head etc. is proposed to be opened.
5.
Whether any foot note is proposed to be inserted in respect of the new accounting
heads. If so, the details therefore.
6.
Accounting arrangements/procedure, if any, proposed for the new sub-head/detailed
head, etc.
7.
Comments/views of the Finance Department.
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PROPOSAL FOR OPENING SUB-HEAD/DETAILED HEAD/
OBJECT HEAD OF ACCOUNTS
1.
Brief background note giving the details of the Scheme, activity etc.
2.
Proposed sub-head/detailed head/object head with details of the functional head and
minor head.
Major Head*
(Function)
0000(Code)
(Name)
Sub-Major Head*
(Sub Major function)
00(Code)
(Name)
Minor Head*
(Programme)
* as per list of Major and
Minor Heads
000(Code)
(Name)
Sub-Head
(Scheme)
(Code)
(Name)
(Proposed)
Detailed Head
(Sub Scheme)
(Code)
(Name)
(Proposed)
Object Head
(Standard object of
expenditure)
(Code)
(Name)
(Proposed)
3.
Details of other Heads such as Group Head, Sub Object Head, if any, in operation at
present.
4.
Name of the existing sub-head/detailed head etc. below which the new sub-head/
detailed head etc. is proposed to be opened.
5.
Whether any foot note is proposed to be inserted in respect of the new accounting
heads. If so, the details therefore.
6.
Accounting arrangements/procedure, if any, proposed for the new sub-head/detailed
head, etc.
7.
Comments/views of the Finance Department.
***************
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These instructions have been Revised vide
No. 5/27/98-1FR, Dated 31.12.2010.
No. 5/27/98-1FR-II
From
The Financial Commissioner & Principal Secy. to Govt.,
To
All the Heads of Departments,
Commissioner, Ambala/Hisar/Rohtak/Gurgaon Divisions,
Sub Divisional Officers (Civil) in Haryana,
The Registrar, Punjab & Haryana High Court, Chandigarh.
Dated, Chandigarh, the 22nd January, 2001
Subject :
Revised rates of Travelling Allowance, Daily Allowance etc. admissible on
the new scales of pay.
Sir,
I am directed to refer to the Finance Department, circular letter No. 5/27/98-1FRII (Part-I), dated 29.7.98 on the subject noted above and to say that after careful consideration
Haryana Government has further decided to make partial amendment in Grade-I category of
Para ‗A‘ of the said circular with immediate effect :A-Pay Range
Grade-I All employees from Class-I and drawing pay of Rs. 16,000/- and above per
month.
Yours faithfully,
Sd/(Ranju Parsad)
Deputy Secretary, Finance,
for Financial Commissioner & Principal Secy. to Govt.,
No. 5/27/98-1FR-II
A copy alongwith a spare copy, is forwarded to the Accountant General, Haryana
for information and necessary action.
Sd/(Ranju Parsad)
A copy is forwarded to all the Financial Commissioners, Haryana and all
Administrative Secretaries to Government of Haryana for information and necessary action.
Sd/(Ranju Parsad)
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To
All the Financial Commissioners, Haryana.
All Administrative Secretaries to Government, Haryana.
U.O. No. 5/27/98-1FR-II
A copy each is forwarded to the Principal Secretary/Special Principal Secretary/
Additional Principal Secretaries I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries to
the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of
Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.
Sd/(Ranju Parsad)
To
The Principal Secretary/Special Principal Secretary/Additional Principal
Secretaries I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries
to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary,
Haryana.
U.O. No. 5/27/98-1FR-II
Dated, Chandigarh, the 22nd January, 2001.
***************
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IMPORTANT
ECONOMY
INSTRUCTIONS
No. 5/1/2001-1B&C
From
Financial Commissioner & Secretary to Government,
To
All Heads of Departments In Haryana State,
All Commissioners of Divisions in Haryana State,
The Registrar, Pb. & Hr. High Court, Chandigarh,
All District & Sessions Judges In Haryana State
All Deputy Commissioners &
Sub Divisional Officers (Civil) in the State of Haryana.
Subject : Control over electricity consumption and expenditure thereon.
Sir,
I have been directed to invite your attention to the subject cited above and state that
the Haryana State Electricity Regulatory Commission has announced its Distribution and Retail
Supply Tariff order effective from 1st January, 2001 and the Distribution Companies have also
issued the requisite notification. Revised electrical Power tariffs applicable to various
Government consumer departments establishments are as contained in the table enclosed with
this letter. The revised tariffs are going to result in a substantial increase in expenditure on this
object. As such, special concerted efforts are required on the part of Government
offices/establishments to contain expenditure on this account. Accordingly following guidelines
instructions are issued for meticulous compliance in this respect :1.
Electrical Power is an expensive and scarce resource. Every kwh (unit) of
energy saved is energy generated. Optimal use of this resource, thus, cannot
be over emphasized. The consumer departments and all the offices under their
control are advised to treat expenditure on this item as if it is their personal
expenditure and are expected to follow the most prudent norms of
consumption.
2.
The concerned officers/employees ensure against misuse/abuse of electrical
energy. It would not only call for economical use but also require adopting
‗demand side management' measures e.g. switching over to use of powerefficient devices for lighting (for example, use of CFL lamps and 36 watt tubelights) and other electrical gazettes. Hence, the offices should switch over to
power efficient devices in a phased manner.
3.
Adequate attention has not been paid in the past to the issue of ‗sanctioned
connected load‘ in the past. This has acquired a special significance now in
view of the sharp increase in MMC (monthly minimum charges). Hence, all the
office establishments must get their sanctioned loads re-assessed and
applications be made to the concerned offices of the Distribution Companies
for accurate revision and correction thereof. The latest instructions on the
subject (method of calculation of load) are contained in the erstwhile HSEB
Sales Circular No. 11/95 issued vide Memo No. Ch-49/SS-229 dated 15/06/95.
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They should approach the officers/oificials of the Distribution Companies for
any further guidelines clarifications in this respect.
4.
It is also understood that the electrical meters in public offices are either not
working properly or the bills are being raised on average consumption basis. In
certain cases, the meters may even be funning faster. A quick response on the
part of the respective controlling officers is called for in all such cases to get
their defective dead-stop meters replaced with accurate meters. It may be kept
in mind that it is more in the interest of the Consumer department than the
Utility to insist on correct metering equipment so that over-billing, if any, is
controlled at all costs.
5.
In case of electricity connections exceeding 70 kw connected load, the
connections have been sanctioned on the basis of connected load. The
concept of ‗Contract demand‘ in respect of HT connections has to be followed
in all such cases in order to ensure against levy of MMC on the basis of
connected load. This may be done in consultation with the officers of the
Distribution Companies.
6.
The Departments are further advised to get their connections classified in the
appropriate category viz. Domestic, Non domestic, Bulk Supply etc. so as to
ensure that they are billed according to the most economical tariffs. The
Departments, once having assessed their connected loads correctly, should
switch over to HT connections (at least on 11 kv system in respect of loads
exceeding 20 kw) in so far as practicable so that the appropriate concession in
tariff applicable to the appropriate category is availed of.
7.
The surcharge on delayed payments has been fixed at rates varying between
2% per month to 5%. Hence, the consumer departments offices must ensure
that payments are made well within time. An entry to this effect will be recorded
in the cash book/ledgers that every bill has been paid in time and that no
surcharge has been paid. Any payment made towards surcharge for delayed
payments will be recovered from the concerned controlling officer from his
pocket. However, this would not be applicable in cases where the payment
gets delayed on account of lack of budgetary allocations issue of LOCs.
8.
Steps mentioned in paragraphs 3,4,5 and 6 must be completed by 31st March,
2001 under all circumstances. A compliance report shall be submitted by all
concerned to the Finance Department through their respective Administrative
Secretaries.
9.
Since the Budget proposals for the F.Y. 2001-02 are under process/
submission by the Departments, it should be ensured that the demand
estimates are realistic on this account keeping in view the economy to be
exercised in this respect.
Yours faithfully,
Sd/(P. K. Das)
Joint Secretary Finance (Budget),
Endst. No. 5/1/2001-1B&C
Dated : 22.1.2001
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A copy each is forwarded to all the Financial Commissioners & Administrative
Secretaries to the Government of Haryana. They are requested to hold meetings with their
respective HODs to prepare an Action Plan and review implementation thereof within the
prescribed time-frame at their level.
Sd/(P. K. Das)
Endst. No. 5/1/2001-1B&C
Dated : 22.1.2001
A copy each is forwarded to the Managing Directors of Uttar Haryana Bijli Vitran
Nigam (UHBVN) and Dakshin Haryana, Bijli Vitran Nigam (DHBVN) respectively, They are
requested to extend all necessary assistant to the Government consumer Departments in
implementation of these instructions.
Sd/(P. K. Das)
Contd…
Encl..
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ENCLOSURE
Category
Domestic
Types of Consumers
Hostels of Educational
Institutions (including
mess/canteen) Working
women hostels run by Red
Cross and Social Welfare
Department, Anganwari
Workers Training Centers
Village Chaupals
Non- Domestic Public Offices, Schools,
Hospitals etc.
Tariff
Min. Monthly Charge
Surcharge
260 paise kwh/40
Upto 1 kw Rs. 60/Units,
360 paise/kwh/41300 units,
Above
425 paise kwh/ above 1kw
Rs. 40/300 Units
for every
addl. kw
or part
thereof
5% in case of
bi-monthly
billing cycle.
419 paise per kwh
(unit)
Up to 1
Rs. 120/kw Above
1 kw
Rs. 100/for every
addl. kw
or part
thereof
2% in case of
monthly billing
cycle,
5% in case of
bi-monthly
billing cycle.
Bulk Supply
Available for general or
mixed load exceeding
10 kw for institutions,
Hospitals, Colonies,
Schools/Colleges/
Educational Institutions;
Loads exceeding 70 kw on
11 Kv or higher voltage
LT Connection: 419
P/kwh
HT Connections
11 kv : 409
paise/kwh
33kv; 397 paise/kwh
Uniform
per kw
Rs. 200/per kw
2% for every
thirty days.
Pumping
Supply
Direct Irrigation Tubewells
Augmentationed Canal
T/Wells, Govt. owned
T/Wells
400 paise/unit
Uniform
per kw
Rs. 150/per BHP
2% every thirty
days.
Public Water
Works Supply
Pumps (Other than
Irrigation) including
sewerage, Disposal/
Treatment plants etc.
installed by Govt., Govt.
Undertakings,
Municipalities, Panchayats
& Religious Institutions up
to 70 kw.
400 paise kwh
Uniform
per kw
Rs. 200/per kw or
part
thereof
2% for every
30 days
415 paise kwh
Uniform
per kw
Rs. 150/per kw
2% for every
30 days
Street Lighting Road & Park lighting in
Municipalities, Panchayat
Institutions
****************
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No. 6/1/2001-1PR(FD)
From
To
All Sub Divisional Officers (Civil) in Haryana.
Subject :
Enunciation of the Principle of Equal Pay Scale for similarly designated
posts - various Judgments of the High Courts/Supreme Court.
Sir,
I am directed to invite a reference to the above subject and to say that question
of adoption of principle for the grant of equal pay for equal work came up for consideration
before the Hon'ble Apex Court and Hon'ble High Courts time and again in many cases. Law laid
down by the Hon'ble Apex Court on the issue of equal pay for equal work in following two cases
citations of which are reproduced below :(i)
While disposing of the case of State of U.P. & Ors, Vs. J.P. Chaurasia & Ors.
AIR 1989 SC 19 it was observed by the Hon'ble Apex Court that :"More often functions of two posts may appear to be the same or similar, but
there may be difference in degrees in the performance. The quantity of work may
be the same, but quality may be different that cannot be determined by relying
upon averments in affidavits of interested parties. The equation of posts or
equation of pay must be left to the Executive Government. It must be determined
by expert bodies like Pay Commission. They would be the best judge to evaluate
the nature of duties and responsibilities of posts. If there is any such
determination by a Commission or Committee, the Court should normally accept
it. The Court should not try to tinker with such equivalence unless it is shown that
it was made with extraneous consideration"
(ii)
In the case of Secretary, Finance Department and Ors. Vs. the West Bengal
Registration Service Association & Ors. [1992 (2) SLR82] it has been observed
by the Hon'ble Apex Court that :"It is well settled that equation of posts and determination of pay scales is the
primary function of the executive and not of the judiciary and, therefore, ordinarily
Court will not enter upon the task of job evaluation which is generally left to
expert bodies like the Pay Commissions etc. It was further observed as follows :"Courts must, however, realise that job evaluation is both a difficult and time
consuming task which even expert bodies having the assistance of staff with
requisite expertise have found difficult to undertake sometimes on account of
want of relevant data and scales for evaluating performances of different groups
of employees. This would call for a constant study of the external comparison
and internal relativities on account of the changing nature of job requirements.
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The factors which have to be kept in view for job evaluation may include (i) the
work programme of his department (ii) the nature of contribution expected of him
(iii) the extent of his responsibility of his diverse duties and functions (iv) the
extent and nature of freedom/limitations available or imposed on him in the
discharge of his duties (v) the extent of powers vested in him (vi) the extent of his
dependence on superiors for the exercise of his power (vii) the need to
coordinate with other departments etc. We have also referred to the history of the
service and the effort of various bodies to reduce the total number of pay scales
to a reasonable number. Such reduction in the number of pay scales has to be
achieved by resorting to broad banding of posts by placing different posts having
comparable job charts in a common scale. Substantial reduction in the number of
pay scales must inevitably lead to clubbing of posts and grades which were
earlier different and unequal. While doing so, care must be taken to ensure that
such rationalisation of the pay structure does not throw up anomalies. Ordinarily,
a pay structure is evolved keeping in mind several factors e.g. (i) method of
recruitment (ii) level at which recruitment is made (iii) the hierarchy of service in a
given cadre (iv) minimum educational/technical qualifications required (v)
avenues of promotions (vi) the nature of duties and responsibilities (vii) the
horizontal and vertical relativities with similar jobs (viii) public dealings (ix)
satisfaction level (x) employer's capacity to pay etc.
While evolving a pay structure, the horizontal and vertical relativities have to be
carefully balanced keeping in mind hierarchical arrangements, avenues for
promotion etc. Such a carefully evolved pay structure ought not to be ordinarily
disturbed as it may upset the balance and cause avoidable ripples in other
cadres as well."
2.
The question of equal pay for equal work came up before the Hon'ble Pb. & Hry.
High Court in CWP No. 4670 of 1998 (Darshan Lal Kapoor & Ors. Vs. State of Haryana.) In the
said writ petition, the Lecturers in Hindi and other subjects working in the Pre-examination
Training Centres of the Director, Welfare of Scheduled Castes & Backward Classes claimed the
pay parity with the Lecturers working in the school cadre (DPI, Haryana) on the basis of their
same designation, qualification, nature of duties and previous pay parity. The said writ petition
was dismissed on 7-10-1998 by the Hon'ble Pb. & Hry. High Court by relying upon the
observations of the Hon'ble Apex Court in the above mentioned two cases referred to in (i) and
(ii) in para 1 above.
3.
The same question of equal pay for equal work came up before the Hon'ble Pb.
& Hry. High Court for their consideration in CWP No. 17518 of 1998 Inder Singh V s. State of
Haryana wherein the petitioner was claiming pay parity with similarly situated and similarly
designated employees of Planning Department on the basis of their designation, nature of
duties and previous pay parity etc. The said writ petition was dismissed by the Hon'ble Pb. &
Hry. High Court vide order dated September 20, 2000 with the observation that :"It is obvious that the petitioner is working in a separate department. Merely
because if earlier he was having the same pay scale as given to the persons
working in the Economic & Statistical Organisation, Planning Department,
Haryana, is no ground to hold that the scale must remain the same. The duties
are different. When the duties are different and they are working in different
departments, ordinarily, it is to be left to the department to take care and to
decide the pay scale. The Court would interfere only if there is a total illogical and
unreasonable classification. It is not so in the present case. Therefore, the writ
petition being without merit must fail."
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4.
While disposing of the CWP No. 17518 of 1998 the Hon'ble Pb. & Hry. High
Court relied upon the various observations of Hon'ble Apex Court which are reproduced as
under :(1)
Randhir Singh V/s. Union of India and others, AIR 1982 SC 879. The Preamble
of the Constitution of the International Labour Organisation recognizes the
principle of equal remuneration for work of equal value as constituting one of the
means of achieving the improvement of conditions "involving such injustice.
hardship and privation to large numbers of people as to produce unrest so great
that the peace and harmony of the world are imperilled. II Construing Articles 14
and 16 in the light of the Preamble and Art. 39 (d), we are of the view that the
principle Equal pay for Equal work is deductible from those Articles and may be
properly applied to cases of unequal scale of pay based on no classification or
irrational classification though those drawing the different scales of pay do
identical work under the same employer.
(2)
Federation of All India Customs and Central Excise Stenographers (Recognised)
and others Vs. Union of India and others (1988) 3 SC cases 91. Equal pay for
equal work is a fundamental right. But equal pay must depend upon the nature of
the work done. it cannot be judged by the mere volume of work there may be
qualitative difference as regards reliability and responsibility. Functions may be
the same but the responsibilities make a difference. One cannot deny that often
the difference is a matter of degree and that there is an element of value
judgement by those who are charged with the administration in fixing the scales
of pay and other conditions of service. So long as such value judgement is made
bonafide reasonably on an intelligible criterion which has a rational nexus with
the object of differentiation, such differentiation will not amount to discrimination.
It is important to emphasise that equal pay for equal work is a concomitant of
Article 14 of the Constitution. But it follows naturally that equal pay for unequal
work will be a negation of that right.
(3)
Grih KaIyan Kendra Workers Union Vs. Union of India and others (1991) 1 SC
cases 619. Equal pay for equal work is not expressly declared by the Constitution
as fundamental right but in view of the Directive Principles of State Policy as
contained in Article 39(d) of the Constitution. Equal pay for equal work has
assumed the status of fundamental right in service jurisprudence having regard
to the constitutional mandate of equality in Articles 14 and 16 of the Constitution.
Equal pay for equal work and providing security for service by regularising casual
employment within a reasonable period has been accepted by this Court as a
constitutional goal to our socialistic pattern. It has ceased to be a judge made law
as it is the part of the constitutional philosophy which ensures a welfare socialistic
pattern of a state providing equal opportunity to all the equal pay for equal work
for similarly placed employees of the State. This Court has zealously enforced
the fundamental right of equal pay for equal work in effectuating the constitutional
goal of equality and social justice in a number of decisions.
(4)
K. Vasudeva Nair and others etc. etc. Vs. Union of India and others AIR 1990 SC
2295. In the cited case Section Officers working in the Indian Audit and Accounts
Department were claiming parity of pay scale with Section Officers in the Central
Secretariat Service. The claim as such was rejected and it was held that they
were not entitled to the same scale of pay because duties and responsibilities in
both the cases were not identical.
18
(5)
State of U.P. and others Vs. Ministerial Karamchari Sangh AIR 1998 SC 303
dealt with the same controversy and found that the two departments under
consideration were having different mode of recruitment. Promotions were totally
different and, therefore. the principle of equal pay for equal work will not apply.
There was difference in pay scale of Lower Division and Upper Division
Assistants in Secretariat vis-a-vis Lower Division and Upper Division Assistants
(Clerical Cadres) in Directorate of Information. The Supreme Court repelled the
ground taken that they were all entitled to the same pay scale. Same view
prevailed in the case of Nain Singh Bhakuni and others Vs. Union of India and
another AIR 1998 SC 622 wherein the Supreme Court has held that :"In the light of the ratio of the aforesaid judgement of three member
Bench of this Court, therefore, it must be held that strictly speaking full
benefit of the O.M. of 13th March, 1984 would not have been available to
the appellants at their educational qualifications at the relevant time were
different. But as the Tribunal has been given them that benefit and which
order has become final the appellants would not stand to lose that benefit.
But in any case they are not entitled to further hike in the pay scales
either notionally or actually beyond this limit fixed by the said O.M. of
1984".
5.
I am to request you that the above observation of Hon'ble Supreme Court and
Hon'ble Pb. & Hry. High Court may please be brought to the notice of all the officers working
under your kind control for information and in future all the cases of pay revision may be
examined in the light of these observations. It is also requested to defend the cases on the
subject of equal pay for equal work on the basis of these observations.
Yours faithfully,
Sd/Under Secretary Finance (PR),
A copy is forwarded to :1.
2.
3.
Chief Secretary to Govt., Haryana.
All the Financial Commissioners in Haryana.
All the Administrative Secretaries to Govt., Haryana.
with the request to ensure the compliance of these instructions.
To
1.
2.
3.
Chief Secretary to Govt., Haryana.
U.O. No. 6/1/2001-1PR(FD)
Dated: 24-1-2001.
***************
19
These instructions have been Modified vide
No. 1/3(42)-99-2FR-II, Dated 13.09.2001 & 10.10.2002,
and No. 4/30/05-2Pension, 02.01.2006
No. 1/3(42)99-2FR-II
From
To
Dated, Chandigarh, the 31st January, 2001
Subject :
Regarding grant of Dearness Relief on family pension and extra-ordinary
family pension.
Sir,
The issue of grant of Dearness Relief on family pension/extra-ordinary pension to
the employed/re-employed family pensioners in State Government is presently governed as per
the executive instructions issued by the Finance Department vide its No. 1/3(5)-78-2FR-II dated
20.3.1980. The said instructions provide as under:
(a)
Payment of ad-hoc relief (dearness relief) on pension shall remain suspended
when a person in receipt of family pension/extra-ordinary pension is
employed/re-employed in State/Central Government.
(b)
If the recipient of family pension is also in receipt of service pension in respect of
past Government service, the ad-hoc relief shall be determined on the total
amount of the two pensions.
2.
These instructions have been the subject matter for adjudication before various
courts including the Apex Court. The Hon‘ble Supreme Court has observed in Civil Appeal
No. 5835/98 (HSEB & others v/s. Azad Kaur) that the family pensioners who have been in
service/employment on their own merits constitute a separate category by themselves as
compared with such family pensioners who have secured jobs/employment on
compassionate/ex-gratia grounds. Following this principle of differentiation, the import of the
pronouncement by the Hon‘ble Supreme Court is that wherever the family pensioner is in
employment on his or her own merits, he/she would be entitled to dearness allowance/relief on
the family pension as well.
3.
Keeping in view the above pronouncement of the Hon‘ble Supreme Court, the
instructions on the subject in all such cases where the cause of action has arisen as on the date
of issue of these instructions are revised as under :
20
(a)
If a recipient of family pension is also in receipt of service pension in respect of
past Government service, the Dearness Relief shall be determined on the total
amount of the two pensions as provided in the instructions issued by the Finance
Department vide its circular No. 1/3(5)-78-2FR-II dt. 20.3.80.
(b)
If recipient of family pension/extra-ordinary pension is employed/ re-employed in
the State Government/ Central Government on his own merits, dearness Relief
would also be admissible on the family pension/ extra-ordinary pension.
(c)
When a person is in receipt of family pension/extra- ordinary pension is
employed/re-employed in the State Government/ Central Government on
compassionate grounds in lieu of the death of the employee in whose respect the
family pension is sanctioned, the dearness relief on the family pension will not be
admissible. This issues in accordance with the pronouncement of judgment by
the Hon‘ble Supreme Court of India in Civil Appeal No. 679 of 97 (Union of India
& others Vs. Rekha Majhi) decided on 6.4.2000.
Yours faithfully,
Sd/(Kamal Kanta)
Superintendent FR-II,
No. 1/3(42)99-2FR-II
1.
2.
A copy is forwarded for information and necessary action to the :Accountant General (A&E) Haryana, Chandigarh, signed in ink, with 1000 spare
copies.
All Treasury Officers/Assistant Treasury Officers in Haryana.
Sd/(Kamal Kanta)
A copy is forwarded to all the Financial Commissioners, Haryana and all
Administrative Secretaries to Government Haryana for information and necessary action.
Sd/(Kamal Kanta)
To
(i)
The Financial Commissioners, Haryana.
(ii)
All Administrative Secretaries to Government Haryana.
U.O. No. 1/3(42)99-2FR-II
21
A copy is forwarded to the Principal Secretary/Special Principal Secretary/
Additional Principal Secretaries-I&II/OSD/Senior Secretaries/Secretaries/Private Secretaries to
the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for information of
Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary.
Sd/(Kamal Kanta)
To
Secretaries-I&II/OSD/Senior Secretaries/Secretaries/ Private Secretaries to the
Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary.
U.O. No. 1/3(42)99-2FR-II
Dated, Chandigarh, the 31st January, 2001.
***************
22
No. 4/7/99-4FR-II/1950
From
To
All Sub Divisional Officers (Civil) in Haryana.
Dated, Chandigarh, the 7th February, 2001
Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana
Government on revised and unrevised pension/family pension.
Sir/Madam,
I am directed to invite a reference to letter No. 4/7/99-4FR-II, dated 4th July, 2000,
on the subject noted above and to say that the Governor of Haryana is pleased to decide that
the dearness relief to the pensioners/family pensioners of the Government of Haryana, to
compensate them for the rise in the cost of living beyond the average Consumer Price Index
Level 306.33 (as on 1.1.96), shall be paid on unrevised and revised pension/family pension with
effect from 1st July, 2000 to modified as below :Rates of Dearness Relief on unrevised pension/family pension
Date from
which
payable
1.7.2000
Pension/Family Pension
Per month
Rate of dearness relief per month
(i) Not exceeding Rs. 1750/-
251% of the Pension/Family Pension.
(ii) Exceeding Rs. 1750/- but not
exceeding Rs. 3000/-.
188% of the Pension/Family Pension
subject to a minimum of Rs. 4392/-.
(iii) Exceeding Rs. 3000/-
163% of the Pension subject to a
minimum of Rs. 5640/-
Rate of Dearness Relief on revised Pension/Family Pension.
Date on which payable
1.7.2000
Rate of Dearness relief per month
41% of Pension/Family Pension
2.
Payments of dearness relief involving a fraction of rupee shall be rounded off to the
next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the
lower side if the same is less than 50 paisa.
23
3.
These orders will not apply to the pensioners, whose pension have been determined
on adhoc basis without reference to the emoluments drawn by them, that is, political pension,
special pension, war risk pension, etc. The relief will also not be admissible to the re-employed
pensioners during the period of re-employment.
4.
The dearness relief mentioned above will not be admissible to employees
permanently absorbed in the bodies controlled or financed by Government or Municipality,
Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in
the said bodies elects the alternative of receiving the death-cum-retirement gratuity and
lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil
Services Rules, Volume II as amended from time to time and as applicable to the
pensioners/family pensioners under the rule making power of Haryana Government, will not be
eligible to receive the relief and dearness relief even after he has ceased to be in the
employment of the organisation concerned.
5.
In view of the position stated above Haryana Govt. pensioner shall be entitled for
payment of dearness relief as a uniform rate of 41% of pension family pension w.e.f. 1st July,
2000. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner
alongwith dearness relief orders. It will now be the responsibility of the pension disbursing
authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief
payable in each individual case.
6.
The expenditure involved will be debitable to the Major Head "2071-Pensions and
other Retirement Benefits".
7.
Receipt of this letter may please be acknowledged.
Yours faithfully,
Sd/(Ranju Prasad)
Deputy Secretary Finance,
***************
24
No. 12/1/6/HBPE/FD/SA, Dt. 02.06.2003.
No. 12/1/6/PE/FD/99/SA-2
From
To
All Heads of Departments/Commissioners
Ambala, Hisar, Rohtak & Gurgaon Divisions,
The Managing Directors/Chief Executives/
Chief Administrator of all Corporations/
Companies/Boards/Co-operative Institutions etc. in the State.
Subject : Introduction of Voluntary Retirement Scheme (VRS) for the employees of State
Public Enterprises.
Sir,
I have been directed to address you on the subject cited above and to say that it has
been observed by the State Govt. that some of the State Public Enterprises have introduced
Voluntary Retirement Scheme (VRS) for their employees without the approval of the Govt. This
action on the part of the P.Es. is in Violation of Standing Instruction of the Finance Department,
according to which prior approval of the F.D. is required before extending any financial benefit
to the employees of P.Es. over and above the employees of State Govt.
It has, therefore, been decided that the P.Es. who have decided to introduced
Voluntary Retirement Scheme must obtain the approval of Administrative Department as well of
the F.D. before implementing this scheme. Further no P.E. should take decision to implement
V.R.S. at its own level without first obtaining the approval of their Administrative Department and
Finance Department.
The receipt of this letter may be acknowledged.
Yours faithfully,
Sd/Accounts Officer (PE)
A copy is forwarded to all Financial Commissioners/Administrative Secretaries to
Govt., Haryana for information and necessary action.
25
To
All the Financial Commissioners/Administrative
Secretaries to Govt., Haryana.
U.O. No. 12/1/6/PE/FD/99/SA-2
Dated, Chandigarh, the 13-2-2001
A copy is forwarded to Principal Secretary to C.M. Haryana for kind information.
To
The Principal Secretary to Chief Minister, Haryana.
U.O. No. 12/1/6/PE/FD/99/SA-2
A copy is forwarded to All Senior Secretaries/Secretaries/Private Secretaries to all
Ministers/Ministers of State for kind information of Minister-in-Charge.
To
All Senior Secretaries/Secretaries/Private
Secretaries to all Ministers/Ministers of State.
U.O. No. 12/1/6/PE/FDSA-2
Endst. No. 12/1/6/PE/FD/SA-2
A copy is forwarded to the Member Secretary, HBPE for information and necessary
action.
CC :—
Secretary/FCF
P.S./CSSF (YSM).
***************
26
MOST IMMEDIATE/P.A.C. MATTER
Subject : Scrutiny of replies in regard to the implementation of the observations/
recommendations of the Public Accounts Committee.
Will all the Administrative Secretaries to Govt. Haryana kindly refer to the subject
noted above?
2.
Despite issue of detailed instructions vide FD‘s letter No. 669-3B&C-77/6546, dated
10th March, 1977, containing procedure for dealing with the PAC Reports and subsequent
instructions issued from time to time, due attention is not being given by various departments
towards adoption of requisite remedial/corrective measures, with the result that about
600 recommendations, including some recommendations relating to the period as far back as
1969-70, are still outstanding for want of action at their level. The PAC in its meeting held on
24-10-2000 has taken a very serious view of this inordinate delay.
3.
It is requested that working of the Nodal Officers nominated and Monitoring
Committees constituted for the purpose may kindly be made more effective and reviewed at the
level of Secretaries to achieve the requisite results. It is also requested that all concerned may
kindly be impressed upon to take immediate remedial/corrective measures in this regard with a
view to reduce the arrears of outstanding recommendations. The action taken report may be
sent within a fortnight positively, it may also be ensured that there is no further piling up of the
arrears of the outstanding recommendations.
4.
This may kindly be given ―TOP PRIORITY‖.
Sd/Joint Secretary Finance (B),
To
U.O. No. 15/1/2001-3B&C
Dated 16th February, 2001
No. 15/1/2001-3B&C
A copy is forwarded to all the Heads of Department for immediate necessary action.
They are requested to finalise all the pending/outstanding recommendations of the
PAC contained in their various reports immediately and send the action taken report to the
Govt. within the stipulated time.
No. 15/1/2001-3B&C
Dated 16.2.2001
A copy is forwarded to the Secretary, Haryana Vidhan Sabha Chandigarh for
information with reference to his letter No. PAC/IMP/24/2000/23177, dated 28th November,
2000.
***************
27
No. 36/6/2K-4WM
From
To
All District & Session Judges, in Haryana.
Dated, Chandigarh, the 22nd February, 2001.
Subject : Revision of entitlement of HBA and Motor car and other advances for the
Judicial Officers.
Sir,
The pay scales of the Judicial Officers have not yet been revised while the pay
scales of the employees in the executive branch stand revised w.e.f. 1.1.96. As a result, Judicial
Officers are experiencing difficulties in availing the enhanced limits of HBA/Motor car
conveyance and other advances. In order to take care of the problems being faced by the
Judicial Officers pending pay revision in their case, it has been decided that the entitlement of
HBA/Motor car conveyance advance/other advances in respect of Judicial Officers would be
worked out on the basis of emoluments comprising of :1.
Basic pay
2.
DA as on 1.1.96 @ 148%, 111% or 96%, as the case may be
3.
IR-I and IR-II
4.
40% of the basic pay as on 1.1.96.
The emoluments thus worked out would be treated as basic pay for the purposes of
calculations of entitlement of a Judicial Officer for the above said purposes. This may be
brought to the notice of all concerned.
Yours faithfully,
Sd/Joint Secretary Finance (Budget)
No. 36/6/2K-4WM
Dated, Chandigarh, the, 22-2-2001.
A copy, alongwith a spare copy, is forwarded to the Accountant General, Haryana for
information and necessary action.
Sd/Joint Secretary Finance (Budget)
****************
28
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 26th February, 2001
No. 2/3/98-3FR-II.— In exercise of the powers conferred by clause (2) of article 283 of the
Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana
hereby makes the following rules further to amend the Punjab Treasury Rules, Volume I, in their
application to the State of Haryana, namely :1.
These rules may be called the Punjab Treasury Volume-I (Haryana First
Amendment) Rules, 2001.
2.
in the Punjab Treasury Rules, Volume-I, (hereinafter called the said rules), in rule
2.7 :(i)
in third to fifth lines, the words ―in triplicate except in the case of Capital and
Loan heads, challans shall be presented‖ shall be omitted;
(ii)
in the note existing at the end :(a)
in para (1).
I.
in the second line, for the word ―triplicate‖, the word
―quadruplicate‖ shall be substituted.
II.
In the fourth, fifth and sixth lines, for the words ―In case of
Capital and Loan heads, challans shall be presented in
quadruplicate at the treasury and the fourth copy‖, the words
―The fourth copy‖ shall be substituted;
(b)
in para (3), in the end, the words and sign ―Otherwise the challan shall
be tendered in triplicate one copy of the challan being forwarded by
the treasury to the departmental officers‖ shall be omitted;
(c)
in para (6)I.
in the second line, for the words and signs ―quadruplicate, one
part‖, the words and sign ―quintuplicate, first copy‖ shall be
substituted;
II.
in the third, fourth and sixth lines, for the word ―part‖ wherever
occurring, the word ―copy‖ shall be substituted;
III.
in the fifth line, the word ―and‖ shall be omitted;
IV.
after the word ―Board‖ existing at the end the words ―and the
fifth copy shall be sent to the Audit office along with accounts
statement‖ shall be added;
(d)
in para (7), for the word ―triplicate‖ existing at the end, the word
―quadruplicate‖ shall be substituted;
(e)
in para (9)I.
in the third line, for the word ―quadruplicate‖ the words
―quintuplicate containing full particulars of number and date of
encashment of the voucher and also the Heads of Accounts
under which the amount was drawn‖ shall be substituted;
II.
in the fifth line, for the word ―and the sign‖ shall be substituted;
29
III.
3.
in the sixth line, after the word ―therein‖, the words ―and the fifth
copy will be sent to the Audit office along with the accounts
statement‖ shall be added.
In the said rules, in rule 2.20(i)
in the second and third lines, for the word ―triplicate‖, the word
(ii)
in the fifth and eighth lines, for the words ―three copies‖ occurring twice, the
words ―four copies‖ shall be substituted;
(iii)
in the twelfth line, for the words ―two copies‖, the words ―three copies‖ shall
be substituted;
(iv)
in the sixteenth line, after the words and sign ―his office‖, the following words
and signs shall be inserted, namely :―The fourth copy will be sent to the Audit Office, along with the
accounts statement. All copies of Treasury Officer and Audit Officer
will be sent in two different sets by the Bank to the Treasury Officer
concerned.‖
(v)
In Exception 1, in the second line, for the word ―triplicate‖, the word
(vi)
in Exception 2, after the words and sign‖ ―assessing authority.‖ The following
words and sign shall be added at the end, namely :―The fourth copy will be sent to the Audit Office along with the
accounts statement.
A.N. MATHUR
No. 2/3/98-3FR-II
Dated, Chandigarh, the 26th Feb. 2001
A copy for information is forwarded to :All Heads of Departments, Commissioners of Divisions, All Dy. Commissioners
and Sub Divisional Officers (Civil) in Haryana.
The Registrar, Punjab and Haryana High Court, Chandigarh.
Sd/(RANJU PARSAD)
No. 2/3/98-3FR-II
A copy is forwarded to Accountant General (Audit/A&E) Haryana, Chandigarh for
information with reference to their letter No. CCS/PFR/2000-01/687 dated 4-10-2000 and TM
(T)/VLC/2000-01/920-21 dated 13-9-2000.
Sd/(RANJU PARSAD)
No. 2/3/98-3FR-II
30
A copy along with an attested copy is forwarded to the Controller, Printing & Stationery,
Haryana, for information and necessary action.
He is requested that this notification be got printed in the Haryana Govt. Gazette and
500 spare printed copies be supplied to Govt. for record.
Sd/(RANJU PARSAD)
A copy for information & necessary action is forwarded to :Financial Commissioners, Haryana.
Sd/(RANJU PARSAD)
To
All Administrative Secretaries to Govt., Haryana.
No. 2/3/98-3FR-II
***************
31
No. 5/4/2001-5PR(FD), dated 15.01.2002.
No. 5/4/2001-5PR(FD)
From
To
All Heads of Departments,
Commissioner of Divisions,
Sub Divisional Officer (Civil) in Haryana.
The Registrar, Punjab and Haryana High Court,
Dated, Chandigarh, 2nd March, 2001
Subject :
Clarifications regarding (i) grant of replacement scale in the Revised Pay
Scales and (ii) fixation of Pay on Promotion to a post the functional pay
scale of which is equal to or lower than the First or Second Higher
Standard Scale in the pre-revised scales or First or Second ACP in the
Revised Pay Scales.
Sir,
It has been observed that a certain number of employees have been claiming
fixation of their pay in the replacement scale of the corresponding pre-revised scales even
though such pre-revised scales were granted to them as a personal measure. Similarly, certain
other employees drawing their pay in the scale granted as a personal measure to them, on their
promotion against a substantive post carrying the same functional pay scale which is equal to
the scale in which they were drawing their pay immediately before their promotion, are asking
for refixation of their pay on their promotion at the stage next above. Certain Court decisions
have also come to the notice of the Finance Department wherein it has been found that the
respondent-Government departments have failed to explain and clarify the position to the
Courts. Accordingly, it has been considered necessary to clarify the issues and the rationale for
the provisions in the Revised Pay Rules and the ACP Rules of 1998.
2.
Provisions regarding fixation of pay of an employee are contained in Chapter 4 of
the CSR Vol. I Part I. Pb. Civil Service Rules (as applicable to Hr.) were framed long time back
and there was no concept of Higher Standard Scales or Assured Career Progression scales at
the time these rules were framed. As a result, the applicability of these rules is strictly limited to
the functional pay scales for the substantive posts. To this extent these rules are valid and
applicable. It would be in order here to invite attention to Rule 4.4(a) (i) and Rule 4.13 of the
Punjab Civil Services Rules Vol. I Part I which regulate the fixation of pay of a Government
employee on his promotion to the next higher post. The said provisions are reproduced here
under for ready reference.
"4.4.
The initial substantive pay of a Government employee who is appointed
substantively to a post on a time-scale of pay is regulated as follows :(a)
If he holds a lien on a permanent post, other than a tenure post, or would
hold a lien on such a post had his lien not been suspended-
32
(i)
When appointment to the new post involves the assumption of
duties or responsibilities of greater importance (as interpreted for
the purposes of rule 4.13) than those attaching to such permanent
post, he will draw as initial pay the stage of the time-scale next
above his substantive pay in respect of the old post,
4.13 (1) Subject to the provisions of rules 4.22 and 4.23, a Government employee who is
appointed to officiate in a post shall not draw pay higher that his substantive pay
in respect of a permanent post, other than a tenure post, unless the post in which
he is appointed to officiate is one of those enumerated in the schedule to this rule
or unless the officiating appointment involves the assumption of duties and
responsibilities of greater importance than those attaching to the post, other than
a tenure post, on which he holds a lien or would hold a lien had his lien not been
suspended :
Provided that the competent authority may exempt from the operation of
this rule any service which is not organised on a time-scale basis and in which a
system of acting promotions from grade to grade is in force at the time of the
coming into force of these rules,
Provided further that the competent authority may specify posts outside
the ordinary line of a service the holders of which may, notwithstanding the
provisions of this rule and subject to such conditions as the competent authority
may prescribed, be given any officiating promotion in the cadre of the service
which the authority competent to order promotion may decide and may
thereupon be granted the same pay (whether with or without any special pay, if
any, attached to such posts) as they would have received if still in the ordinary
line.
(2)
For the purpose of this rule, the officiating appointment shall not be deemed to
involve the assumption of duties or responsibilities of greater importance if the
post to which it is made is on the same scale of pay as the permanent post other
than a tenure post on which he holds a lien or would hold a lien had his lien not
been suspended, or on a scale of pay identical therewith."
3.
The above rules were framed long time back. Subsequent to the general pay
revision of 1986, various associations/unions of employees started representing to the
Government in the year 1990 and thereafter regarding problems faced by them on account of
lack of promotional avenues. Responding to the demands of employees, the Government
introduced various schemes in order to take care of stagnation and lack of promotional avenues
for employees belonging to Groups ‗C‘ & ‗D‘ as a welfare measure from time to time. A brief
description of each of these schemes would be in order. These schemes are as under :
(a)
Scheme of Grant of Additional Increment at 10th
Year point in time scale to all Group ‗C‘ and ‗D‘ employees :-
and
20th
This scheme was introduced by the Government w.e.f. 1.1.1991 vide its letter
No. 9/9/91-3PR(FD), dated 14th May, 1991. The objective was to provide some
financial addition to the emoluments of employees to partially offset the effect of
stagnation on account of lack of promotional avenues.
(b)
Scheme of open-ended pay scales
The employees used to get biennial stagnation increments after reaching the
maximum of the scale. However, the Government introduced the system of
33
open-ended pay scales for employees of Group ‗C‘ and ‗D‘ w.e.f. 1.1.1991 vide
its letter No. 9/9/91-3PR(FD) dated 14th May, 1991. It was provided that
employees belonging to these categories would get annual increments even after
reaching the maximum of the pay scale as against biennial increments. Thus,
with this one measure, it was ensured that no employee would stagnate after
reaching the maximum of his scale.
(c)
Scheme of Grant of Additional Increment(s) to
“D” employees on completion of 8 and 18 years service.
Group
„C‟
and
The Scheme was introduced by the Government vide its letter No. 1/138/921PR(FD), dated 7th August, 1992. The scheme was introduced on the persistent
demand of the employees and the benefit granted under the first scheme was
advanced under this scheme. Thus the Government sanctioned a more
beneficial scheme with a view to modifying the earlier scheme.
(d)
Scheme of Grant of Higher Standard Pay Scales to Group ‗C‘
and ‗D‘ Employees on completion of ten years or more and
twenty years or more of regular satisfactory service.
In replacement of the scheme mentioned above, the Government introduced the
scheme with a view to removing stagnation of its employees of Group ‗C‘ and ‗D‘
categories whereby time bound higher standard pay scales were granted to the
Haryana Government employees of Group ‗C‘ and ‗D‘ categories with effect from
1.1.1994 vide letter No. 1/34/93-4PR(FD) dated 8th Feb., 1994.
(e)
Scheme of Grant of Assured Career Progression Pay Scales :
The Higher Standard Scale Scheme as mentioned at (d) above was replaced by
this Scheme at the time of Revision of Pay Scales w.e.f. 1.1.1996 and it is this
scheme which is in vogue at present. All employees belonging to Groups ‗C‘ &
‗D‘ have been given the facility of ACP scales on completion of 10 years and 20
years regular and satisfactory service with reference to their first entry in the
Government service.
4.
Intent of the State Government behind introducing the above Schemes :
The Government was guided by the principle of being a model employer while
introducing the above schemes. Even though this intent is explained in the Memorandum
Explanatory to the ACP Rules, 1998, it would be in order to re-iterate the same here. It was
recognised that every employee should get at least two promotions in his entire service career
in order to build in some incentives and guard against dissatisfaction among the cadres.
However, lack of adequate promotional avenues for all in the administrative hierarchy posed a
major problem in achieving the stated objective. An effort was made that if two promotions could
not be assured to each and every employee during his service career, a way should be found to
ensure at least two financial up gradations during his service career. Thus an alternative was
found whereby it was decided to introduce the schemes mentioned in paras 2(d) and (e) above.
As a matter of fact, the Scheme of ACP Scales also takes care of the back-ended promotions in
the service career of an employee. For example, an employee may not get promotion during the
first 20 years of his service whereas he might get even two promotions during the last 10 years
of his service. It has been facilitated with the introduction of the scheme that the said employee
should be given benefit of a higher scale in the form of ACP Scale on an even basis in terms of
his service career. The clear intent behind introduction of these schemes was to compensate an
34
employee by way of financial up-gradation if he was otherwise not getting opportunities of
promotion. It was never the intent that this benefit would be in addition to the promotional
avenues.
5.
As mentioned earlier, fixation of pay under the situations arising out of the
introduction of these schemes from time to time cannot be addressed by the existing provisions
under the CSR. Hence, notwithstanding the provisions of Rules in CSR as reproduced above,
specific rules governing the fixation of pay in the revised pay scales have been provided under
Haryana Civil Services (Revised Pay) Rules, 1998 and Haryana Civil Services (Assured Career
Progression) Rules, 1998. Rule 12 of the Haryana Civil Services (Revised Pay) Rules and Rule
19 of the Haryana Civil Services (Assured Career Progression) Rules, 1998, which are identical,
read as under,
―Overriding effect of rules : The provisions of CSR or PFR or any other rules
made in this regard shall not, save as otherwise provided in these rules, apply to
cases where pay is regulated under these rules to the extent they are
inconsistent with these rules.‖
6.
Having clarified the overriding effect of these rules, provisions relevant to fixation
of pay under the Haryana Civil Services (Revised Pay) Rules, 1998 (Revised Pay Rules, for
short) and Haryana Civil Services (Assured Career Progression) Rules, 1998 (ACP Rules, for
short) are as under :HCS (Revised Pay) Rules :
Rule 2
(2)
These rules shall not apply to :-
(h)
Government servants who are drawing their pay in a pay scale as personal
measure (other than the functional pay scale prescribed for the post held by the
Government servant) with effect from the date on which he started drawing his
pay in the pay scale as a personal measure and till the time he drew his pay in
the pay scale as a personal measure:
Rule 3. Definitions
(c)
“Existing scale” in relation to any post or any Government servant means the
functional pay scale as on 31st December, 1995 prescribed for the post or the
post held by the Government servant, as the case may be.
(d)
“Functional pay scale” in relation to a Government servant means the pay scale
which is prescribed for the post held by the Government servant. It does not
mean any other pay scale in which the Government servant is drawing his pay as
a personal measure to him with any other justification like based on length of
service or on higher/additional qualification or on up-gradation of pay scale due
to any other reason.
Provided that where functional pay scales have not been provided to the
posts in any cadre and cadre is not stratified in terms of posts in the hierarchy
along with specified different functional pay scales, as in case of Haryana Civil
Services (Executive) the pay scale based on the position of Government servant
in the cadre shall be deemed to be the functional pay scale for the purposes of
these rules.
(m)
“Pay scale as a personal measure to the Government servant.” means any
scale of pay in which the Government servant is drawing his salary, other than
35
the existing scale (as defined in this rule), including the pay scale granted based
on the length of service or the pay scale granted for possessing additional
qualification etc.
HCS (ACP) Rules, 1998 :
Rule 8. Grant of ACP Scales.
(3)
The cases of Government servants who are drawing their pay in a pay scale
other than the functional pay scale of the post held by them on or before the date
of publication of these rules, shall be exempted from the operation of the
provision of sub rules (1) and (2) above and with reference to such Government
servant the relevant ACP scale shall be deemed to have been granted under
these rules from the date(s) on which they were placed in the pay scale(s) other
than the functional pay scale(s) of the post held by them, for the purposes of
drawing their pay as a consequence of any other relevant order of Government in
force on that point of time;
Provided that this deemed grant of ACP scale will not affect his
entitlement for revised pay scale in which he will be placed as a consequence of
application of these rules. Such Government servants shall be placed in the
appropriate revised pay scale as per their eligibility under these rules for the
purposes of fixation of pay as a consequence of application of these rules.
Rule 10.
Special entitlement for ACP Scales :Where the functional pay scale of the promotional post in the is hierarchy is
inferior to the ACP scale entitlement of the Government servant, had he not been
promoted, as per his eligibility entitlement on completion of prescribed length of
service for the 1st or 2nd ACP scale entitlement, as the case may be, the
Government servant shall be entitled to be placed in the 1st or 2nd ACP scale,
as the case may be, after completing the prescribed period of service for being
placed in the 1st or 2nd ACP scale;
Provided that such functional promotion to a post with such inferior pay
scale shall not be counted as a financial upgradation for the purposes of these
rules.
Rule 15.
(2)
Fixation of initial pay in the first or second ACP Scale, as the case may be:
The initial pay of a Government servant who is drawing his pay in a pay scale
other than the functional pay scale prescribed for the post held by him and where
such pay scale in which he is drawing his pay has been allowed to him for the
purposes of drawing the pay on or after 1.1.1996 in the relevant ACP scale as
per his eligibility, his pay shall be fixed in the entitled ACP scale at the stage
next above the basic pay in the earlier pay scale, from where he has been
moved into the relevant ACP scale,Provided that the exemption granted under sub-rule (3) of Rule 8 shall
apply to the Government servants eligible for such exemption.
Note :-
The placement in the first or second ACP scale, as the case may be, does not
amount to a functional promotion and, therefore, the presumption of higher
responsibility cannot be taken in such placements in the ACP scale. However,
still the benefit of fixation of pay corresponding to the placement in the higher pay
36
scale as a consequence of promotion that is presuming the higher responsibility
shall be extended at the stage of fixation of pay in the first or second ACP scale,
as the case may be. Therefore, if the functional pay scale of the promotional post
and the ACP pay scale in which the Government servant is drawing his pay prior
to the promotion are identical, his pay will not again be fixed In the Functional
pay scale of the promotional post which is identical to the ACP scale in which he
was drawing his pay before promotion. He will continue to draw his salary at the
same stage and his date of increment will also continue to be the same as before
the promotion.
7
(i)
Clarification with regard to the Scale in which the pay is to be fixed:
Having explained the provision of rules on the subject, it is now for consideration
as to the Pay Scale in which the pay of an employee will be fixed in the Revised Pay Rules or
the ACP Rules of 1998 as the case may be. Certain employees have been claiming that they
were drawing pay in the first or second Higher Standard Scale as on 31.12.95 and hence, their
pay should be fixed in the replacement scale of the pay scale (as provided under Schedule-I,
Part-II of the Revised Pay Rules, 1998) in which they were drawing their pay as on 31.12.95.
This contention of the employees is not correct in view of the following :(a)
The Higher Standard Scale Scheme has been replaced by the Assured Career
Progression Pay Scale Scheme w.e.f. 1.1.96. Hence, their pay will be fixed in the
appropriate pay scale applicable under the Revised Pay Rules or ACP Rules of
1998 as the case may be. It is clear that the Higher Standard Pay Scale enjoyed
by an employee as on 31.12.95 was not the substantive pay scale of the post on
which he was working. Rather, it is a scale granted to him as a personal measure
as defined under rule 3(m) of the Revised Pay Rules, 1998. The issue has been
settled by a Division Bench of the Hon‘ble Punjab & Haryana High Court in CWP
No. 2047 of 1999 (Krishna Kumari and others Vs. State of Haryana and others)
wherein it has been observed as under :“It may be observed at the outset that the petitioners have challenged the vires of
the aforesaid rules (Haryana Civil Services (Revised Pay) Rules, 1998 and
Haryana Civil Services (Assured Career Progression) Rules, 1998) . The main
attack on the vires of the rules is that once the petitioners who were [put in a
higher pay scales depending on their qualifications irrespective of the post they
were holding and there is a corresponding revised pay scale to the pay scale the
petitioners are enjoying, the petitioners cannot be denied the pay in the revised
pay scales corresponding to the pay scales they had been enjoying prior to the
issuance of the aforesaid rules. …
... Now coming to the case in hand, By the impugned rules what the State
Government has done is that the incentive which had been given to the persons
like the petitioners has come to a naught. In other words, they will get from the
enforcement of 1998 Rules the pay scales which are meant for a JBT Teacher as
revised from time to time subject to one rider that the pay which is being drawn
by them with effect from the enforcement of rules will be protected in the revised
pay scale of a JBT Teacher. Can the State Government stop the incentive which
has already been enjoyed by the teachers? To us, the answer seems to be in
the affirmative in the favor of the State.
The Hon‘ble Bench, has relied on the judgment of the Constitution Bench of the
Apex Court in Roshan Lal Tandon Vs. Union of India, 1967 SLR 832 wherein it has been held
37
that :“The emoluments of the Government, servant and his terms of service are
governed by the statute or statutory rules which may be unilaterally altered by the
Government without the consent of the employee.”
It has been held by the Division Bench of the Punjab & Haryana High Court in the
concluding part of their judgment in CWP No. 2047 of 1999 (supra) as under :“Is the state Government competent to say in a given set of circumstances that
because of financial stringency it is entitled to reduce the pay scale of a particular
class of persons? To us it seems that there should not be any legal bar for the
State Government in certain circumstances to reduce the pay scale of a
particular class of persons. If the revision can be upwards, it can be downwards
also. This, of course, would be subject to one rider that even if the pay scales are
reduced, the pay which a person may be getting in the pre-revised scale will
have to be protected.”
(b)
Keeping the above in view, it is clearly settled that an employee cannot claim the
replacement scale of the pay scale in which he was drawing his pay on the eve
of pay revision as a personal measure and thus the scale in which his pay will be
fixed will be the appropriate scale admissible to him under the ACP scales or the
Revised Pay Rules of 1998 as the case may be.
(ii)
Clarification regarding the stage of fixation of pay on promotion in the
same scale :The second point of clarification pertains to the stage at which the pay of an
employee will be fixed on his promotion. Employees have been claiming that they
should be granted the benefit of one grade increment on their promotion even
when the ACP Scale in which they are drawing their pay at the time of promotion
happens to be the same as the substantive scale of the promotion post. This
contention of the employees is also not correct. Rule 15 of the ACP Rules and
the Note below Sub Rule (2) of Rule 15 makes the position amply clear. It is
understood that when a person gets a promotion, his pay should be fixed at the
stage next above in the substantive scale of the promotion post. However, the
same is not applicable when he is already enjoying that scale as a personal
measure to him under the ACP Scheme. To further elaborate, an employee, at
the time of grant of first or second ACP, continues to hold the same post and
same responsibilities. Since there is no change in his duties and responsibilities
at the time of grant of the ACP Scale, his pay should not be fixed at the stage
next above while granting such ACP to him. But this benefit has been granted to
him under the ACP Rules which, inter-alia, amounts to the benefit given to him at
an advanced point of time than when it would have been admissible to him. This
provision has been kept to avoid accounting problems. Had this benefit not been
granted to him at the time of grant of ACP scale, the pay of most of the employee
would have been so fixed as to carry some amount as personal pay for him
which would have been absorbed/offset against the future increments. This
situation would have occurred because of different stages in the substantive
scale and the first and second ACP Scales. It is for this reason that it has been
provided in the Note below Sub Rule (2) of Rule 15 of the ACP Rules that
wherever an employee is drawing his pay in first or second ACP Scale and such
ACP scale happens to be the same or inferior to the substantive pay scale of the
38
post to which he is promoted, his pay does not have to be refixed on his
promotion. This is because there is no problem with regard to the stages. To
reiterate, the rationale lies in the fact that the benefit of fixation at the stage next
above has already been granted to him earlier at the time of grant of ACP Scale
and double benefit cannot be allowed.
8.
In view of the foregoing discussions it is clarified as under :(i)
Wherever an employee gets promoted from the functional scale of the feeder
post to the functional scale of the promotion post, his pay will be fixed at the
stage next above.
(ii)
Wherever an employee, at the time of his promotion, is drawing his pay in a scale
other than the functional scale of the feeder post (by way of first or second ACP
or any other reason as a measure personal to him) and the functional scale of
the promotion post is higher than the scale in which he was drawing his pay prior
to his promotion, his pay will be fixed at the stage next above in the functional
scale of the promotion post.
(iii)
Wherever an employee is in receipt of first or second ACP scale as a personal
measure and then gets promoted and the functional pay scale of the promotion
post is equal to or lower than the scale in which he is already drawing his pay as
a measure personal to him, his pay will not be refixed and will remain at the
same stage in the same scale in which he is drawing his pay at the time of his
promotion as clarified under the Note below Sub Rule (2) of Rule 15 of the ACP
Rules, 1998.
Certain illustrations are appended to these clarifications to make the position
further clear.
9.
Accordingly, all departments should take action as per the clarification given
above. Even though the position has been amply clarified and there should not be any further
doubts, yet in the case of any doubts, clarifications may be sought from the Finance
Department. Wherever employees have filed cases in the courts, proper defence should be put
up based on these clarifications. In cases already decided, further appeals should be filed
without any further loss of time.
Yours faithfully,
Sd/(Y.S. Malik)
Commissioner & Special Secretary Finance,
No. 5/4/2001-5PR
Dated, Chandigarh, the 2nd March, 2001
A copy is forwarded to information and necessary action to the :1.
2.
3.
Chief Secretary to Government, Haryana.
Accountant General (A&E), Haryana, Chandigarh.
The Member Secretary, Haryana Bureau of Public enterprises.
39
4.
Director, Treasuries & Accounts, Haryana Chandigarh for brining to the notice of
all the Accounts Staff i.e. Sr. AOs/SOs.
Sd/(Y.S. Malik)
Contd…
Encl…
40
Illustrations :
In order to leave no scope of doubt in the implementation of the above
clarifications, some illustrations are being given below :1.
The case of a Clerk/Assistant in the field offices :-
The post of Clerk is a first entry post in the State even though there is certain
percentage of posts of Clerks which are filled up by way of promotion from amongst Peons. In
most of the departments, 80% of the posts of Clerks are filled up by way of direct recruitment.
The clerk, in turn, gets promoted as an Assistant. The pay scales including the ACP for a Clerk
w.e.f. 1.1.96 are as under :S. No.
Post
Functional pay
scale
1st ACP
2nd ACP
1.
Clerk
3050-4590
4000-6000
5000-7850
Functional pay scale for the post of Assistant in the field offices is Rs. 5000-7850.
Now assuming that ‗A‘ was appointed as a Clerk in the Government, say on
1.4.1975. He was still a Clerk as on 1.1.1994 when the Scheme of Higher Standard Scale was
introduced. Since he had completed 10 years regular satisfactory service as a Clerk, as on
1.1.1994, he was granted the 1st Higher Standard scale of Rs. 1200-2040 meant for the post of
Clerk carrying a functional pay scale of Rs. 950-1500 at that time. He completed 20 years of
service on 31.3.1995 and was still a Clerk. Again, he was granted the 2nd Higher Standard
Scale of Rs. 1400-2600 on 1.4.95. Accordingly, his pay as on 1.1.96 was fixed in the 2nd ACP
of Rs. 5000-7850 meant for the post of Clerk under the ACP rules of 1998. He got his promotion
as an Assistant, say, on 1.10.98. The functional pay scale for the post of Assistant under the
Revised Pay Rules, 1998 is Rs. 5000-7850 which he was already drawing on the day he was
promoted as an Assistant. Hence, in terms of the clarifications given in this circular, his pay will
not be refixed on his promotion as an Assistant.
The underlying rationale for the above lies in the fact that his pay at the time of
grant of 1st Higher Standard Scale as well as at the time of 2nd Higher Standard Scale was
fixed at the stage next above in spite of the fact that there was no change in his duties and
responsibilities. In the process, he has already been given this benefit at a much earlier point in
time than his actual entitlement under the Rules. Thus, in terms of Note below Rule 15(2) of
ACP Rules, 1998, his pay in the functional scale of the Assistant i.e. 5000-7850 will not be
refixed and he will not be entitled to benefit of one increment on his promotion on this post.
Giving him the benefit of fixation of pay at the stage next above (by grant of one grade
increment in this case) would amount to giving him a triple benefit, keeping in view that he has
already been given this benefit at the time of fixation of his pay in the 1st and 2nd Higher
Standard Pay Scales respectively which is not the intention of the Rule making authority.
Case-II
‗A‘ was appointed as a Clerk, say, on 1.4.1982. His pay was fixed in the
functional scale of Rs. 950-1500 on the post of Clerk as on 1.1.86. He was promoted as an
Assistant, say, on 1.4.90 in the functional pay scale of Rs. 1400-2600 prescribed for the post of
Assistant. He would have been entitled to the 1st Higher Standard Scale of Rs. 1200-2040 as
on 1.1.94 on completion of 10 years service had he not been promoted as an Assistant in the
41
scale of 1400-2600, a scale which is three steps higher to his original recruitment post of Clerk.
Thus he was not entitled to the benefit of 1st or 2nd Higher Standard Scale under the Higher
Standard Scale Scheme. His pay in the revised scales would be fixed in the corresponding
replacement scale of Rs. 5000-7850 prescribed as a functional pay scale for the post of
Assistant as on 1.1.96.
Illustration II. The Case of a JBT Teacher/Head Teacher :
The functional pay scale prescribed for the post of a JBT Teacher and Head
teacher in the Primary Schools have been as under :Sr.
No.
Post
Functional Pay Scale
as on 1.1.86
1.
JBT Teacher
1200-2040
2.
Head Teacher
1400-2600
1st Higher
Standard Scale
2nd Higher
Standard Scale as
on 1.1.94.
1400-2600
1600-2660
—
As on 1.1.96
1st ACP
1.1.96
—
as
on
2nd ACP
1.1.96
3.
JBT Teacher
4500-7000
5450-8000
5500-9000
4.
Head Teacher
5500-9000
6500-9900
6500-10500
as
on
Assuming ‗A‘ was appointed as a JBT Teacher as on 1.4.1975. His pay was
fixed in the functional scale of Rs. 1200-2040 as on 1.1.86. He was granted the 1st ACP of
Rs. 1400-2600 as on 1.1.94 on completion of 10 years service as a JBT Teacher. While placing
him in this pay scale, even though he continued to remain a JBT Teacher, his pay was fixed at
the stage next above. He completed 20 years service as a JBT Teacher as on 31.3.95 and thus
became entitled to be placed in the 2nd Higher Standard Scale of Rs. 1600-2660 as on
1.4.1995. Here again, even though he continued to remain as a JBT Teacher, his pay was fixed
at the stage next above in the 2nd Higher Standard Scale of Rs. 1600-2660. His pay was fixed
in the 2nd ACP of Rs. 5500-9000 as on 1.1.96 under the ACP Rules. Now, he was promoted
as a Head Teacher of a Primary School on, say, 1.10.98. The functional pay scale for the post
of a Head Teacher of the Primary School is Rs. 5500-9000 in which he is already drawing his
pay on the day of his promotion by way of his placement in the 2nd ACP. Thus on his
promotion as Head Teacher in the scale of 5500-9000, his pay will not be refixed in terms of
Note below Rule 15(2) of the ACP Rules, 1998.
Again, the rationale is that he had already been granted this benefit twice earlier
at the time of grant of 1st and 2nd ACP even though there was no change in his duties and
responsibilities of higher nature and he cannot be granted triple benefit.
Illustration III: The case of M.O./S.M.O. in Health Department
(i)
‗A‘ was appointed as a Medical Officer, say, on 1.4.1979. The substantive pay
scale for the post of Medical Officer (M.O.) was revised to Rs. 2200-4000 w.e.f. 1.5.1989.
Provision was also made for the Senior Scale of Rs. 3000-4500 on completion of five years
regular and satisfactory service and thereafter for a selection grade of Rs. 4100-5300 for 20% of
the cadre after completion of 12 years regular and satisfactory service. His pay was fixed in the
senior scale of Rs. 3000-4500 as on 1.5.89. Even though he completed 12 years regular and
satisfactory service as on 31.3.1991 yet he did not qualify to be within the 20% cadre posts.
However, he came into the eligibility zone for grant of selection grade of Rs. 4100-5300, say, on
42
1.4.1994 and his pay was fixed in this pay scale. Subsequently, say, he was promoted as
S.M.O. as on 1.1.1995. The function pay scale of the post of S.M.O. was Rs. 3000-4500. His
case would be treated as under :(a)
His pay, on his promotion as S.M.O. will not be refixed in the inferior functional
scale of Rs. 3000-4500 prescribed for the substantive post of S.M.O. Rather, he
will continue to draw his salary on his promotion in the pay scale of Rs. 41005300.
(b)
His pay in the pay scale of Rs. 4100-5300 will not be refixed on his promotion as
S.M.O. as he has already been granted the benefit of fixation of pay at the stage
next above at the time of grant of selection grade and his pay is being protected
in a scale which is superior to the functional pay scale of his post.
(ii)
The general replacement scale for the pre-revised scale of 4100-5300 is
Rs. 13500-17250. However, ACP scales have been provided for the cadre of
M.Os./S.M.Os. under Schedule-I Part-I of the ACP Rules, 1998. Hence, his pay
under the Revised Pay Rules and the ACP. Rules of 1998 will be fixed in the
scale of 12000-16500 prescribed as the second ACP for the post of M.O. and the
substantive scale for the post of S.M.O.
Case-II
‗A‘ was appointed as M.O., say, on 1.4.84. His pay was fixed in the Senior Scale
of Rs. 3000-4500 as on 1.5.1989. He became entitled to the grant of second ACP, say, on
1.5.1999 and his pay was fixed in the second ACP of Rs. 12000-16500. While fixing his pay in
the second ACP, the benefit of fixation at the stage next above was given to him even though
he remained a Medical Officer and there was no change in his duties and responsibilities. He
was, thereafter, promoted as S.M.O., say, on 1.8.2000 in the pay scale of Rs. 12000-16500
which is the same as the second ACP in which he was already drawing his pay at the time of his
promotion. His pay will not be refixed at the time of his promotion as S.M.O. in terms of Note
below Sub Rule (2) Rule 15 of the ACP Rules, 1998.
***************
43
GOVERNMENT OF HARYANA
FINANCE DEPARTMENT
No. 1/2(43)2000-2FR-II
To
Dated, Chandigarh, the 5th March, 2001
Subject :
Regarding Special Additions to Service qualifying for Superannuation
Pension under Rule 4.2-A of Punjab Civil Services Rules Volume II.
I may invite your attention to the subject cited above. A few cases have been
received in Finance Department for grant of benefit/relaxation under the said rule. It has been
considered necessary to delineate the principles and broad guidelines according to which such
cases need to be examined. It would be in order to reproduce the said rule in the first instance:―Section II.
Special Additions to service qualifying for superannuation pension
4.2-A An Officer appointed to a service or post may add to his service qualifying
for superannuation pension (but not for any other class of pension) the
actual period not exceeding one-fourth of the length of his service or the
actual period by which his age at the time of recruitment exceeds twentyfive years or a period of five years. whichever is least, if the service or
post is one,(a)
for which post-graduate research or specialist qualification, or
experience in scientific, technological or professional fields is
essential, and
(b)
to which candidates of more than twenty-five years of age are
normally recruited;
Provided that this concession shall not be admissible to any such
officer unless his actual qualifying service at the time he quits
Government service is not less than ten years.
Provided further that any such officer who is recruited at the age
of thirty five years or more may, within a period of three months,
from the date of his appointment, elect to forego his rights to
pensions whereupon he shall be eligible to subscribe to a
Contributory Provident Fund
Note 1: The option once exercised shall be final.
Note 2: The decision to grant the concession under this rule shall be taken by the
Administrative Department at the time of recruitment in consultation with
the Finance Department and the Public Service Commission.
The consultation with the Public Service Commission will be restricted to
those posts only which fall within their purview.
44
2.
A.
This rule shall apply in respect of persons who are recruited after the 26th
October, 1960.
Interpretation of the Rule :(i)
The benefit of qualifying period under this rule is admissible for superannuation
pension only and not for any other class of pension. Further, it is applicable only
to such class of employees to whom CSR is applicable. It will not be admissible
to such of the public servants whose service conditions are regulated by some
other specific set of service rules.
(ii)
Secondly, the benefit of qualifying period under this rule is admissible at the first
entry level in service and not at a stage where the posts are filled up both by way
of promotion as well as by way of direct recruitment (where the experience of
lower/first entry post is a part of the prescribed qualifications). For example, it
would be available in case of an Assistant Professor but not in the case of an
Associate Professor.
(iii)
Third, the benefit would be admissible only where postgraduate research or
specialist qualifications or experience in scientific, technological or professional
fields is prescribed as an essential qualification for the post.
(iv)
Fourth, the rule further provides that in order to qualify for the benefit under this
rule, the post must be such to which candidates of more than twenty-five years of
age are normally recruited.
The key words here are ―normally recruited‖. This has to be understood in its
proper context. For example, a child joins Class I at the age of 5 (five) years. This
could be taken/accepted as 6 years also (3 yrs. + Nursery + LKG + UKG and
then first) depending on the circumstances of the case. He thus passes his 10+2
level at the age of 17/18 years as the case may be. Allow another 3 or 4 years for
the graduation programmes depending on the kind of graduation. Thus he does
his graduation at the age of 20 years (minimum) or 22 years (maximum). This is
followed by a two-year post-graduation programme reaching the age levels of 22
to 24 years as the case may be. This is then followed by a Research Degree
(say, three years) obtained at the age of 25 to 27 years as the case may be. The
above would be a good guideline for understanding the normal course. If
somebody takes up a job after 10+2, say for three years. and then comes back
and resumes his studies, it would not constitute a normal course.
(v)
Fifth issue pertains to the period of benefit. The rule is clear to the extent that
the maximum benefit can be up to five years. The calculation starts from the
completion of 25 years of age. Here, it has to be seen as to at what age he would
have acquired the essential qualifications in the normal course. The reference
point is thus the acquisition of the prescribed essential qualifications and not
when a person is recruited or appointed. Any deviation from the normal course of
study for acquiring the essential prescribed qualifications for the post be if for
some other course of study, break in study, period of waiting or unemployment,
any other employment or experience higher than what is essentially required will
have to be discounted in the process of calculation of entitlement period.
For instance, a person completes his Masters level at the age of 23 years. He
gets a job somewhere and remains in such employment for a period of three
45
(vi)
B.
years. He decides to quit the job and take up a course in LLB when he is
26 years old and completes his law degree at the age of 29 years and then starts
practising law in the court. After 4 years of practice, he applies for the job of ADA
and gets the same. Now, the question is whether he would be entitled to a
benefit under this rule and if yes, to what extent? While examining his case, it
should be seen at what age he would have acquired the essential qualifications
prescribed for the post of ADA in the normal course. (The essential prescribed
qualifications are BA, LLB with two years to practice experience). He could have
completed his law course at the age of 24 years had he not gone for his Masters.
Two years practice criterion gets completed at the age of 26 years. He would,
therefore, be entitled to the benefit under the Rule but for a period of one year
only.
Sixth issue pertains to the time of the entitlement to such a benefit. Note 2 under
the Rule clearly stipulates that the decision to grant the concession under this
rule shall be taken by the Administrative Department at the time of recruitment in
consultation with the Finance Department and the Public Service Commission. It
is, therefore, clear that the question also whether someone is entitled to the
benefit under the rule or not, and if yes, then to what extent, should be decided at
the time of recruitment itself. Once decided, the benefit would be made available
to such employee at the time of determining his superannuation pension. Two
years time from the date of his appointment has been considered to be a
reasonable time within which the process of application for the benefit (one year)
and the process of consultation between the Administrative Department and the
Finance Department (second year) should be completed.
Guidelines :-
(i)
It is clear from the interpretation given above that each case will have to be
examined on its own merits keeping in view (a) the essential qualifications
prescribed for the post and (b) the date of acquisition of such qualifications in the
normal course so as to (c) determine the period of benefit. The Administrative
Departments are, therefore, requested to examine all such cases in the light of
the interpretation given above and further to provide the requisite details to the
Finance Department while sending cases for consideration in the FD.
(ii)
It has been decided to grant a one-time relaxation of time prescribed in Note 2
under the Rule and invite applications from all such employees for consideration
of their cases. Accordingly, all such employees who consider themselves to be
entitled to the benefit under Rule 4.2-A of the CSR Vol. II may submit their
applications to their respective Heads of Departments within a period of six
months of the issue of these instructions. Cases for relaxation in time will not be
entertained after the expiry of this grace period.
(iii)
The Heads of Department should ensure that these instructions are circulated
among all the employees and a copy of these instructions should be displayed on
the notice board of the Department for a sufficiently long period of time.
Yours faithfully,
Sd/(Y.S. Malik)
Commissioner & Special Secretary, Finance
46
No. 1/2(43)2000-2FR-II
A copy is forwarded for information and necessary action to the :Accountant General (A&E), Haryana, Chandigarh.
All Treasury Officers/Treasury Officers in Haryana.
Sd/(RANJU PRASAD)
Deputy Secretary, Finance
No. 1/2(43)2000-2FR-II
A copy is forwarded for information and necessary action to the :Advocate General, Haryana, Chandigarh.
Sd/(RANJU PRASAD)
A copy is forwarded to all the Financial Commissioners, Haryana and All
Administrative Secretaries to Government, Haryana for information and necessary action.
Sd/(RANJU PRASAD)
To
All the Administrative Secretaries to Government, Haryana.
U.O. No. 1/2(43)2000-2FR-II
A copy is forwarded to the Principal Sectary/Additional Principal Secretary/
OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers
of State/Chief Parliamentary Secy. for information of the Chief Minister/Ministers/Ministers of
State/Chief Parliamentary Secy. Haryana.
Sd/(RANJU PRASAD)
To
The Principal Sectary/Additional Principal Secretary/OSD/
Senior Secretaries/ Secretaries/Private Secretaries to the
Chief Minister/Ministers/Ministers of State/Chief Parliamentary
Secretary Haryana.
U.O. No. 1/2(43)2000-2FR-II
Dated, Chandigarh, the 5th March, 2001.
***************
47
No. 1/49/2k-1PR(FD)
From
To
Sub Divisional Officer (Civil) in Haryana,
Dated, Chandigarh, 30th March, 2001
Subject : Revision of pay scales w.e.f. 01.01.1996 – Case of the officials who were held
up at Efficiency Bar in the old scales – Next increment in the revised pay
scales – clarification regarding.
Sir,
I am directed to invite a reference on the subject noted above and to say that Govt.
vide circular No. 4/16/4PR(FD)-87, dated 23.8.90 had issued clarification with regard to the
fixation of pay of employees w.e.f. 01.01.1986, who were held up at the stage of E.B. in the prerevised scales.
Some departments have sought clarification in regard to those employees who had
not crossed their efficiency bar in the old pay scales and whether they should be permitted for
pay fixation and benefit of increment in the revised scale w.e.f. 01.01.1996 without crossing the
efficiency bar in the old scale or not?
The Govt. have considered the matter and decided to keep the earlier clarification
dated 23.8.90 in force for the purpose of the scales effective from 01.01.1996 too i.e. an
employee who had not crossed Efficiency Bar in the old scale or was held up at the E.B. is not
required to first cross the Efficiency Bar in the un-revised scales to earn his next increment in
the revised scale.
For illustration, the date of increment of an employee is 1st August of any year and
his basic pay as on 1.8.94 was Rs. 2300/- in the scales of Rs. 1400-40-1600-50-2300-EB-602600. He was to cross the efficiency bar w.e.f. 1.8.95 raising his pay from Rs. 2300/- to
Rs. 2360/-. Since he was held up at Efficiency Bar, his pay in the revised scale of Rs. 5000-1507100-EB-150-7850 would be fixed w.e.f. 01.01.1996 presuming his basic pay at the level of
Rs. 2300/- without insisting on crossing of E.B. in the un-revised scale and next increment
available to him in the revised scales would be 01.08.1996, in case his next increment in the
revised scale is the stage of E.B., he will have to cross the Efficiency Bar at this stage.
Yours faithfully,
Sd/Under Secretary Finance
***************
48
No. 1/125/2008-1PR(FD), Dated 14.01.2009.
No. 9/16/94-1PR(FD)
From
To
All Heads of Departments in Haryana,
Commissioners, Ambala, Hisar, Rohtak & Gurgaon Divisions,
All Deputy Commissioners
All S.D.Os. (Civil) in Haryana,
Dated, Chandigarh, the 9th April, 2001
Subject : Revision of rates of Non-practicing Allowance w.e.f. 01.04.2001
Sir,
I am directed to invite your attention to the subject cited above. The doctors
working in the PGlMS Rohtak, Departments of Health, Ayurveda, Animal Husbandry and Dairy
Development are in receipt of Non-practicing Allowance at present. The Government has
considered the request of the doctors working in these Departments for revision of rates of the,
Non-practicing Allowance and decided to revise the same w.e.f. 01.04.2001 at the rates
mentioned below :Existing Pay Slabs & Rate of NPA
Sr. Pre- revised Pay Slabs
Corresponding Rev.
No
Pay Slabs
1 For basic pay upto
For basic pay up to
Rs. 3000/Rs. 10,000/2. For basic pay above
For basic pay above
Rs. 3000/- and upto
Rs. 10,001/- and upto
Rs. 3700/Rs. 12000/3. For basic pay above
For basic pay above
Rs. 3700/Rs. 12000/-
2.
3.
Revised Pay Slabs & Rates of NPA
Existing Rates
Revised Pay Slabs Revised Rates
Rs. 600/- PM
Rs. 800/- PM
Rs. 900/- PM
Basic Pay upto
Rs. 9999/Basic Pay from
Rs. 10,000/- upto
Rs. 11,999/Basic Pay of
Rs. 12000/- and
above
Rs. 1600/- PM
Rs. 2000/- PM
Rs. 2500/- PM
NPA + Basic Pay will not exceed a ceiling of Rs. 25,900/- per month.
Fixation of Pay in respect of such of the Doctors who were in receipt of NPA as
on 31.12.95 :(i)
The pay of employees covered under this category will be notionally re-fixed as
on 01.01.1996 after taking into account the following :(a)
Basic Pay in the pre-revised scale as on 01.01.1996 or on the date of
option.
(b) Dearness Allowance appropriate to the Basic Pay + NPA admissible at
index average 1510 (1960=100) under the relevant orders.
(c) The amounts of first and second installments of interim relief admissible
on the basic pay + NPA in the pre-revised scale.
(d) 40% of the Basic Pay in the pre-revised scale as on 01.01.1996 or on the
date of option.
(ii) The emoluments so calculated will be taken into account for the purposes of
refixation of Pay in the revised scale(s) as on 01.01.1996. The pay will be fixed
49
at the stage equal to such computed amount and in case there is no such
stage equal to so computed amount, then, the pay will be fixed at the stage
next above in the appropriate revised scale.
(iii) The pay re-fixed as above will be on notional basis and shall be brought
forward to 01.04.2001 on notional basis without payment of any arrears on this
account.
(iv) The employees will draw their pay determined as above along with revised
rates of NPA w.e.f. 01.04.2001.
4.
Pay will not be re-fixed in case of the category of employees who joined service
after 01.01.1996 in the revised pay scales or in whose case the Non-practicing Allowance was
introduced after 01.01.1996. The details of amount being drawn towards NPA by these
categories of employees as on the date is as under :Sr.
Pay Slab
No.
1. For basic pay up to
Rs. 10,000/2. For basic pay above
Rs. 12000/3. For basic pay above
Rs. 2000/-
NPA
DA on NPA
IR II & III on
Total
NPA
Rs. 120/- Rs. 2226/-
Rs. 600/- PM
Rs. 1506/-
Rs. 800/- PM
Rs. 1504/-
Rs. 160/-
Rs. 2464/-
Rs. 900/-
Rs. 1467/-
Rs. 180/-
Rs. 2547/-
Total corresponding Revised emoluments in respect of the above with effect from
01.04.2001 will be as under :Sr.
No.
1.
2.
3.
Pay Slab
For basic pay upto Rs. 9,999
For basic pay from
Rs. 11,999/For basic pay of Rs. 12000/and above
Rs. 1600/- PM
Rs. 2000/- PM
DA on NPA @
41%
Rs. 656/Rs. 820/-
Rs. 2256/Rs. 2820/-
Rs. 2500/- PM
Rs. 1025/-
Rs. 3525/-
NPA
Total
5.
The Non-practicing Allowance would be treated as part of Pay for the purposes of
DA, entitlement for Loans & Advances and TA/DA only.
Yours faithfully,
***************
50
No. 34/1(1)91-WM(3)
From
To
All Heads of Departments
All Commissioners of Divisions,
The Registrar, Punjab & Haryana High Court, Chandigarh,
Sub Divisional Officers (Civil),
All District & Session Judges.
Subject : Rate of interest to be charged on loans from NABARD for Co-op. Societies,
Investment in Transport, State Electricity Board and Food & Supplies
Department etc. for the year 2000-2001.
Sir,
I am directed to address you on the subject noted above and to say that during the
financial year 2000-2001 the rate of interest on loans granted by the State Government out of
the State Loans and Advance unless otherwise specified in any particular case would be as
under :2000-2001
2.
1.
Loan from NABARD for Coop. Societies
2.
Loans to Haryana State Electricity Board
3.
Investment in Transport Department
4.
Investment in Food & Supplies Department.
12%
12.5%
11%
12.5%
The receipt of this letter may kindly be acknowledged.
Yours faithfully,
Sd/(S.R. Maurya)
Under Secretary Finance (B),
No. 34/1(1)/91-WM(3)
A copy is forwarded to the Accountant General (Accounts) Haryana Chandigarh for
Sd/Under Secretary Finance (B),
51
No. 34/1(1)/91-WM(3)
A copy each is forwarded to the following for information and necessary action :Secretary to Governor, Haryana.
All the Financial Commissioner & Administrative Secretaries to Government,
Haryana.
State Election Commissioner, Haryana.
Gurudawara Election Commission, Haryana.
Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi.
M.Ds. of various Boards/Corporations in Haryana (IAS officers only).
Hon‘ble Speaker, Haryana Vidhan Sabha.
Vice Chancellors of Universities and Medical Colleges in the Haryana State.
A copy each is forwarded to the Principal Secretary/Special Principal Secretary/AddI.
Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries
to the Chief Minister/Ministers/State Ministers/Chief Secretary/Deputy Chairman Planning
Board, Haryana.
To
The Principal Secretary/Spl. Principal Secretary/
AddI. Principal Secretary/Officer on Special Duty/
Senior Secretaries/Secretaries/Private Secretary to the
Chief Minister/Ministers/State Ministers/Chief Parliamentary
Secretary/Deputy Chairman Planning Board, Haryana.
No. 34/1(1)/91-WM(3)
***************
52
No. 46/1/2001-WM(6)
From
To
All Head of Departments,
All District & Sessions Judges in Haryana State.
Subject : Grant of interest free advance to Government employees for the purchase of
wheat during the year 2001-2002.
Sir,
I am directed to inform you that the State Government has decided to grant an
interest free advance of Rs. 3500/- (Rs. Three thousand five hundred only) to all Class-IV Govt.,
employees in the State who wish to buy wheat for their own consumption during the year 20012002. The advance will be recoverable in monthly instalments to be fixed by the Departments
concerned so as to effect its full recovery before the close of the financial year 2001-2002 i.e.
full loan should be recovered before 31.3.2002.
2.
The advance will be admissible to permanent/temporary regular Class-IV employees
only. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who
would, in the case of temporary employees, allow advance on the basis of a surety to their
satisfaction so that it is fully secured and its recovery is ensured from the loanees before the
close of the financial year 2001-2002.
3.
The following conditions should be observed in sanctioning this loan :(i)
A certificate should be obtained from the loanee to the effect that he has
utilized the loan for the purchase of wheat. He should give this certificate
within one month of the drawal of the loans.
(ii)
The officer concerned, before sanctioning the advance, should satisfy himself
that the incumbent will continue in service until full recovery of the total
amount of advance is effected.
(iii)
These orders will cease to operate after the 31st May, 2001.
(iv)
The recovery of the first instalment of the advance should preferably be made
from the pay for the month of May, 2001.
(v)
The advance should not be granted to those Class-IV employees on
deputation to other Govt./Corporations and Local Bodies etc.
(vi)
The advance will not be admissible to work charged and daily wages
employees.
53
(vii)
Where both husband and wife are employed, the wheat advance should be
allowed to only one of them.
4.
It is requested that the schedule of recoveries should be attached with each pay bill
in the proforma enclosed. It is also requested that the detailed accounts of the recoveries of the
loan should be maintained by the Drawing and Disbursing Officers which should be reconciled
with the office of the Accountant General, Haryana (A&E) every month.
5.
The expenditure incurred on the grant of wheat loan may be communicated to the
Finance Department (in Ways & Means Br.) by the Head of Departments by 30.6.2001
positively in the enclosed Performa. It is once again requested that the information regarding
expenditure be sent in time.
6.
The expenditure may be debited to the Major Head, "7610-Loans to Govt. Servants
etc-800- other Advances-(99)Advances for purchase of Food grains 50-advances (non-plan).
The recoveries made may be credited to the corresponding receipt head i.e. "7610- Loans to
Govt. Servants etc. 800- other Advances-(99)Advance for Purchase of Foodgrains(Receipt).
Yours faithfully,
Sd/(P.K.Das)
Joint Secretary Finance(B),
Haryana Finance Department.
No. 46/1/2001-WM(6)
A copy is forwarded to the Accountant General, Haryana (Accounts and Audit),
Haryana, Chandigarh for information and necessary action.
2.
The expenditure is debitable to Head, "7610-Loans to Govt. Servants etc-800- other
Advances-(99)-Advances for purchase of Food grains.
3.
Officers.
Detailed accounts of the recoveries will be maintained by the Drawing & Disbursing
Sd/Joint Secretary Finance(B),
No. 46/1/2001-WM(6)
A copy is forwarded to all Treasury Officers/Assistant Treasury Officers Haryana with
the request that date given in the letter may please be strictly followed and no bill be passed
after 31.5.2001. The payment made on the basis of the sanction issued by the Department
concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I.
54
Copies are forwarded to :The Financial Commissioner Revenue, Haryana,
All the Administration Secretaries to Govt. Haryana;
To
The Financial Commissioner Revenue, Haryana.
All the Administration Secretaries to Govt., Haryana.
No. 46/1/2001-WM(6)
A copy each is forwarded to the Principal Secretary/Spl. Principal Secretary/Addl.
Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries
to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman,
Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy
Chairman, Planning Board, Haryana.
To
The Principal Secretary/Spl. Principal Secretary/Add. Principal Secretary/
Officers on Special Duty/Sr. Secretaries/Secretaries/Private Secretaries to
the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary/
Deputy Chairman, Planning Board, Haryana.
U.O. No. 46/1/2001-WM(6)
Dated, Chandigarh, the 19th April, 2001.
PROFORMA
Name of
Department
Name of Office
Drawing and Disbursing
Officer
Amt. of wheat adv. to
employees
1
2
3
4
SCHEDULE OF RECOVERIES
S.
No.
Name &
Designation
of
employees
Total
amount
of
advance
Recoveries
upto last
month
Amount of
advance
recovered in
this bill
Total
amount
recovered
upto date
Balance
Remarks
1
2
3
4
5
6
7
8
***************
55
FINANCE DEPARTMENT
No. 8/6/2001-5PR(FD)
To
All the Administrative Secretaries to Govt. of Haryana,
All Divisional Commissioners/Deputy
Commissioners/S.D.Os. (Civil) in Haryana,
The Registrar, Punjab & Haryana High Court.
Subject :
Detailed guidelines in matters involving Pay Revision and the issue of
Anomalies related thereto.
The State Government revised pay scales of its employees with effect from
1.1.1996 vide its notifications dated 7th January, 1998. The pay scales were revised under the
Haryana Civil Services (Revised Pay) Rules, 1998 and a scheme of Assured Career
Progression (ACP, for short) Scales was also introduced under the Haryana Civil
Services(Assured Career Progression) Rules, 1998. The revision of pay scales was carried out
under a distinct composite scheme introduced by the Government with a clear option given to
the employees to opt for the schemes containing revised scales or continue to be governed
under the then existing pre-revised scheme. Once having opted for the composite scheme of
Revised Pay Scales under the 1998 Rules of their own will and best judgement, the employees
are estopped from going back to the pre-revised scheme of pay scales on selective basis in a
piecemeal manner.
2.
It has been observed that various categories of employees keep representing for
grant of higher pay scales for themselves and the Administrative Departments also keep
recommending such demands to the Finance Department without detailed examination of such
cases. A general feeling seems to be resting with the Administrative Departments that the
subject falls within the domain of the Finance Department and, therefore, an in-depth scrutiny is
left to the Finance Department. A large number of employees also keep approaching the
Courts, especially the Hon'ble Punjab & Haryana High Court by way of Civil Writ Petitions
seeking various reliefs related to the subject of Pay Revision. The Departments, while filing
written statements, have gone on record in many cases to say that the Administrative
Department (AD)/Department had recommended the demand of the employees but the Finance
Department did not agree. Since a reference to the Finance Department is a part of the internal
consultation process in the Government, such averments are not in order as it is the
Government as a single entity before the Courts. Instructions on the subject have already been
issued by the Chief Secretary, Haryana vide his Memo No. 66/12/2000-6GS-I, dated
12th January, 2001. It has also been observed that the written statements are being filed in
routine and the required level of diligence is generally found missing.
3.
It is keeping the foregoing in view that it has become necessary to explain the
subject of revision of pay scales and the issues pertaining to the so-called anomalies for the
benefit of all concerned, Hence, these guidelines.
A.
Principles governing matters pertaining to revision of Pay Scales :
4.
The Hon'ble Apex Court has held in a number of cases that the issues involved
in pay revision matters are extremely complex and can be best examined and considered by
56
expert bodies such as Pay Commission and issues such as equality of work, nature of duties
and responsibilities of various posts require in-depth analysis. The whole rationale, while
considering the prescription of a pay scale for a particular post, has been explained by the Apex
Court in the case of Secretary, Finance Department Vs West Bengal Registration Services
Association, AIR 1992 SC 1203. The Hon'ble Supreme Court observed in this case as under:
"... it is well-settled that equation of posts and determination of pay scales is the
primary function of the executive and not the judiciary and, therefore, ordinarily
courts will not enter upon the task of job evaluation which is generally left to
expert bodies like the Pay Commissions, etc. But that is not to say that the court
has no jurisdiction and the aggrieved employees have no remedy if they are
unjustly treated by arbitrary state action or inaction. Courts must, however,
realise that job evaluation is both a difficult and time consuming task which even
expert bodies having the assistance of staff with requisite expertise have found
difficult to undertake sometimes on account of want of relevant data and scales
for evaluating performances of different groups of employees. This would call for
a constant study of the external comparisons and internal relativities on account
of the changing nature of job requirements. The factors which may have to be
kept in view for job evaluation may include (I) the work programme of his
department (ii) the nature of contribution expected of him (iii) the extent of his
responsibility and accountability in the discharge of his diverse duties and
functions (iv) the extent and nature of freedoms/limitations available or imposed
on him in the discharge of his duties (v) the extent of powers vested in him (vi)
the extent of his dependence an superiors for the exercise of his powers (vii) the
need to co-ordinate with other departments, etc. We have also referred to the
history of the service and the effort of various bodies to reduce the total number
of pay scales to a reasonable number. Such reduction in the number of pay
scales has to be achieved by resorting to broad banding of posts by placing
different posts having comparable job charts in a common scale. Substantial
reduction in the number of pay scales must inevitably lead to clubbing of posts
and grades which were earlier different and unequal. While doing so care must
be taken to ensure that such rationalisation of the pay structure does not throw
up anomalies. Ordinarily a pay structure is evolved keeping in mind several
factors e.g., (I) method of recruitment, (ii) level at which recruitment is made, (iii)
the hierarchy of service in a given cadre, (iv) minimum educational/technical
qualifications required, (v) avenues of promotion, (vi) the nature of duties and
responsibilities, (vii) the horizontal and vertical relativities with similar jobs, (viii)
public dealings, (ix) satisfaction level, (x) employer's capacity to pay, etc. We
have referred to these matters in some detail only to emphasis that several
factors have to be kept in view while evolving a pay structure and the horizontal
and vertical relativities have to be carefully balanced keeping in mind the
hierarchical arrangements, avenues for promotion, etc. Such a carefully evolved
pay structure ought not to be ordinarily disturbed as it may upset the balance and
cause avoidable ripples in other cadres as well. There can, therefore, be no
doubt that equation of posts and equation of salaries is a complex matter which
is best left to an expert body unless there is cogent material on record to come to
a firm conclusion that a grave error had crept in while fixing the pay scale for a
given post and court's interference is absolutely necessary to undo the injustice."
Another land-mark judgement elucidating the principles of pay revision and dealing with the
subject of equivalence of posts is in the case of State of UP Vs J.P. Chaurasia (1989) 1 SCC,
121: JT 1988(4) SC 53:1989 Lab IC 1146.
57
5.
As it happens, the Government machinery comprises various administrative
posts starting from the supporting staff in Group-D categories and going up to Group-A in the
administrative hierarchy. Sheer enormity of the task of Pay Revision can be well appreciated
when seen in relation to the number of posts and cadres that exist in various Government
departments. For example, in the Irrigation Department of the Government, there are as many
as 48 categories of posts in the Group-D/Class-IV and there are not more than 4 standard pay
scales prescribed for this category by the Fifth Pay Commission.
B.
Revision of Pay Scales in Haryana: A historical perspective.
6.
The Government of Haryana constituted its own Pay Commission, based on the
recommendations of which pay scales of various categories of its employees in different
departments were revised w.e.f. 01.04.1979. This Pay Commission, being specific to the State
of Haryana, took cognizance of the various posts in different departments and prescribed pay
scales for each and every post in each and every department. As a result, a total of 57
standard pay scales and more than 70 pay scales were prescribed for various categories of
posts. The concept of grant of Selection Grade was also followed while revising the pay scales
at this point of time and the Selection Grades were provided along with time scales for a number
of categories of posts.
7.
The Central Government set up the Fourth Pay Commission in the 1980 based
on the recommendations of which pay scales were revised w.e.f. 1.1.1986 for the Central
Government employees. There were pressing demands from various associations/unions of the
employees in the State at that point of time for adoption and grant of central pay scales to the
employees of the State Government. Responding favourably, the Government decided to
broadly follow the recommendations of the Fourth Pay Commission as adopted by the Central
Government. Accordingly, then onwards, it was decided to revise the pay scales of the State
Government employees broadly following the central pattern of pay scales. This was a
complete switch over from a 'State-specific pay-scale structure" to a "Centre-specific
system/structure.' One of the relevant aspects encountered in the process was that the Fourth
Pay Commission had reduced the number of pay scales and had recommended only about 30
standard pay scales. The system of grant of Selection Grades was also discontinued.
C.
Issues and Problems associated with pay revision in the state :
8.
A number of problems were countered during this general pay revision. These
could broadly be listed as under:

Firstly, the State Government was faced with a gigantic task of fitting over 70 existing
pay scales into approximately 30 revised scales in total while revising the pay scales of
its own employees.

Secondly, it was observed that working of the Central Government is quite different in
respect of many services especially in respect of those which are in the domain of the
states alone. There are a number of field organisations in the state that do not exist in
the Central Government at all.

Third, there are many posts in the State Government where the quantitative and
qualitative aspects of the nature of duties for the posts are different when compared with
those in the Central Government even though the posts carry similar designations.

Fourth, in certain cases, the designations were similar but the qualifications prescribed
were found to be different for the posts.

And lastly, there were certain categories of posts which were in no way identifiable with
those in the Central Government.
58
9.
Notwithstanding the problems mentioned above, solutions had to be found. While
revising the pay scales in the year 1987 (effective from 1.1.1986), the State Government
decided to broadly follow two principles :(a)
Central Pay Scales be provided for posts in the State Government wherever the
principles of equivalence of posts were satisfied i.e. the posts, nature of duties
and qualifications etc. were by and large comparable with those in the Central
Government.
(b)
Fit the existing State Government pay scales into revised standard pay scales
prescribed by the Central Government based on (i) the nearest equivalence of
posts in terms of qualifications and nature of duties, and (ii) the emoluments
bring drawn m the pre-revised scales (so that nobody suffers a loss in
emoluments) .
10.
Fitment of 70-odd pre-revised pay scales into 30-odd revised pay scales would
mean that a number of different pre-revised pay scales would have to be clubbed and given a
substitute pay scale. This is clear from a perusal of the Table showing the different pay scales
existing as on 1.4.79, 1.1.86 and 1.1.96 (enclosed as Annexure 'A') . A natural consequence of
such convergence of scales was that identical pay scale had to be prescribed in a number of
cases for the feeder post as well as the promotional post in a particular department. Realising
that such a situation should not result in dissatisfaction amongst the employees, it was
specifically provided in the Pay Revision Rules of 1987 that wherever the same pay scale had
been provided as functional pay scale for the feeder post as well as the promotion post on
account of clubbing of pre-revised pay scales of such posts, an employee, on his promotion in
the identical revised pay scale, would be granted the benefit of one increment, and his pay, on
his promotion, would be fixed at the stage next above.
11.
Thereafter, the State Government has carried out a general pay revision w.e.f.
1.1.96. While the Central pattern of pay scales has been broadly followed in this general
revision as well, the State Government has maintained differences from the Central Pay Scales
wherever warranted on account of the exigencies of services in, the State. It has to be
understood that while recommending the pay scales for Central Government employees, the
Fifth Pay Commission considered various factors such as transferability of people throughout
the length and breadth of the country whereas those situations do not prevail in case of state
Government employees. While giving effect to the general revision of pay scales w.e.f. 1.1.96,
certain standard pay scales had to be bifurcated. For example, the pay scales of Rs. 14002600 and Rs. 1600-2660 have been clubbed by the Central Government and replaced by a
corresponding revised scale of Rs. 5000-8000, the State Government had to bifurcate this scale
into two i.e. Rs. 5000-7850 and Rs. 5450-8000 in view of the hierarchical structure of services in
the State. Similar treatment had to be resorted to in case of a few other pay scales. Had this not
been done, the problems of pay scales of feeder posts and promotion posts would have been
further compounded. Moreover, the State Government has introduced a scheme of Assured
Career Progression Pay Scales in respect of all the employees belonging to Groups 'C' & 'D'
and in respect of a few other services belonging to Groups 'B' & 'A' purely in the nature of a
welfare scheme to take care of the problem of financial stagnation for the employees. This
facility has not been provided in the Central Pay Scales. In brief, the State Government has
broadly followed the Central pattern of Pay Scales in this general revision but the Central Pay
Scales have not been adopted in toto.
D.
The issue of Equivalence of posts and pay scales :
12.
One single most important factor in the whole exercise of pay revision pertains to
equivalence of posts while prescribing pay scales of different posts in different departments.
Even in a structure where the State had more than 70 pre-revised pay scales, these scales
59
were provided for different posts in different departments. The issue to be appreciated and
understood in this context is that if a particular scale has been provided for a particular post in
'A' department and an identical pay scale is also provided for another post in 'B' department, it
does not establish any parity or equivalence between such posts. It is just a co-incidence that
these posts carry identical pay scales at a given point in time even though in different
departments. There are a number of pronouncements by the Hon'ble Supreme Court of India
and the Hon'ble Punjab & Haryana High Court on the subject. The principles enunciated on the
subject of equivalence of posts and pay scales emerging from these judgments have been
circulated by the Finance Department recently vide its instructions bearing No. 6/1/20011PR(FD), dated 24th January, 2001.
13.
There are various kinds of erroneously perceived equivalence as claimed by the
employees which, in close rational scrutiny, cannot be held to be correct. For instance :-
E.
(i)
Certain employees claim parity on the basis of the pay scales having been
identical in the past. For example, a Head Constable claiming parity with a JBT
Teacher only because the pay scales of these posts happened to be identical at
some point of time. It is common knowledge that there is no relationship between
the qualifications, nature of duties, job requirements etc. for the two posts,
whatsoever.
(ii)
There are common designations such as Assistant Director, Deputy Director,
Joint Director, and Additional Director in different Departments. Merely because
the designations are similar, it does not mean that there is equivalence among
such posts. The differences lie in size of the departments, nature of duties,
qualifications, vertical relativities and the levels of responsibilities assigned. The
designations are common only for the purposes of administrative convenience.
(iii)
There are certain cases where the designation and the qualifications may be
identical but there may be qualitative and quantitative difference in the nature of
duties. For example, the posts of Assistant Research Officer and Research
Officer in the Economic & Statistical Organisation of the State are superior in
terms of quantitative and qualitative aspects of their job vis-a-vis similarly
designated posts in other departments. This has been clearly brought out by the
Hon'ble Punjab & Haryana High Court while dismissing CWP No. 17518 of 1998.
(iv)
The lecturers working in Pre-examination Training Centres, run by the
Department of Welfare of Scheduled Castes and Backward Classes, claimed
parity in pay scales with the school lecturers in the Education Department by way
of CWP No. 4670 of 1998. The Hon'ble Pb. & Hr. High Court held that there was
no equivalence between the posts, both on account of difference in qualifications
and nature of duties.
(v)
Similar would be the case of Language Teachers working in Industrial Training
Department and those working in the General Education Stream. Languages
constitute core subjects in the General Education Stream whereas the same
constitute a subsidiary subject in a Technical Training Institute. Even though the
qualifications for language teachers in both Departments may be identical but the
basic difference would lie in the qualitative nature of duties between the two.
Is the Government competent to disturb the so-called parity in scales?
14.
In a growing economy such as ours, the significance and importance of certain
posts and cadres keeps changing from time to time as a part of the dynamic process. To
illustrate, land revenue used to constitute the main source of Government revenue during the
60
pre-independence period and so did the Abiana. With the change in economic policies, a
situation has come when land revenue, as a source of revenue for the State, is either nonexistent altogether or nearly non-existent. Similarly, the revenue from abiana is perhaps not
even equal to the establishment costs. As on today, it is the Sales-tax and Excise which
together constitute the major sources of revenue and a shift in responsibilities and duties from
that of land revenue staff to the Excise and Taxation staff. Doctors and Engineers used to be in
great demand till a few years back. Demand & supply position has reversed the trends today.
Now, value addition for an Engineer comes along with an MBA Degree. Today, it's time for
professionals in the fields of Management, Chartered Accountants and IT professionals. They
command a much better price in the market today. Similarly, if the Government decides to
withdraw itself from a number of sectors and concentrates on regulation, administration and
provision of services such as Education and Health services, the importance and prioritization of
these services over others would be clearly established.
It is on account of the dynamics of shifting emphasis from time to time that
importance of different services and the nature of duties, and responsibilities assigned to
different services keep changing in order of priorities & significance and the Government has to
respond to such changes in duties and responsibilities. Resultantly, the pay scales of certain
categories of posts are changed as compared with what it used to be historically depending
upon their nature of job and responsibilities. For example, the Fourth Pay Commission
recommended higher pay scales for the employees serving in the Education and Health
sectors as compared to what was provided to employees in these sectors in the past. As a
matter of fact, the 5th Pay Commission has further given a boost to the teaching staff in various
categories in its recommendations. Since the Government has to respond to such changing
realities, what could have been (mis) understood and (mis) interpreted as "parities" the past, get
disturbed in the process.
F.
The issue of Anomalies :
15.
While the main task before the State Government, while revising its pay scales
w.e.f. 01.01.1986 was fitment of a State Government pay-scale structure into that of the Central
Government pay-scale structure, the exercise was carried out as precisely as it could be.
Subsequently, various associations and unions of the employees working in the Government
complained of a number of perceived anomalies and represented for removal thereof. Even
larger numbers represented for grant of higher pay, scales to them. The State Government
constituted a Pay Anomalies Commission which considered various representations.
Surprisingly, it did not observe and pinpoint any specific anomalies (as observed by the
Hon'ble Punjab & Haryana High Court also) . However, even though it was a Pay Anomalies
Commission, it exceeded its terms of reference, acquired to itself the role of a Pay Commission
and recommended further higher scales for various categories of employees. The State
Government considered the report of the Pay Anomalies Commission and found that its
recommendations, which it had made as if it were a Pay Commission, could not be accepted as
such. As a result, a High Powered Officers Committee was constituted to examine the
recommendations of the Pay Anomalies Commission (PAC) which, in turn, recommended
further revision of pay scales of certain categories of its employees leading to the circular
instructions dated 23.08.1990, whereby pay scales were further modified for certain categories
of employees w.e.f. 01.05.1990.
16.
A number of employees belonging to various departments and posts filed various
CWPs in the Hon'ble Punjab & Haryana High Court. The common issue before the Hon'ble
Punjab & Haryana High Court in all these writ petitions (numbering 26) was as to whether the
pay scale modification orders dated 23rd August, 1990 (effective from 01.05.1990) were issued
with a view to removing the anomalies and, hence, the revision should have taken effect from
the day the anomaly occurred i.e. 01.01.1986 rather than from a later date i.e. 01.05.1990. All
61
these CWPs were decided by way of one judgement in the case of S.K. Bishnoi & others
versus the State of Haryana in CWP No. 12483 of 1990. The Hon'ble High Court dismissed
these 26 writ petitions finding no merit therein. The Hon'ble High Court observed in its order as
under :"The petitioners are not correct in saying that the PAC or the Officers' Committee had
detected, any anomaly in their pay scale. Even at the time of hearing, none was pointed
out. The official record produced at the time of hearing does not point out that the PAC
or the Officers' Committee found any anomaly in the pay scale of the petitioners or other
similarly situated employees. To us it appears that the respondent allowed them the
higher pay scale of Rs. 2000-3500 keeping in view the nature of duties performed by
them."
G.
Pay Anomaly: the Definition :
17.
It is critically important here to make a reference to the issue of anomalies. The
word "Anomaly" has been defined in Webster's New Twentieth Century Dictionary to mean
"abnormality' irregularity; deviation from the regular arrangement, general rule or the usual
method". Since this definition is not precise with reference to the pay scales and pay revision, it
is pertinent to draw up a reasonable definition of what would constitute of an anomaly. It has
been discussed by the Hon'ble Punjab & Haryana High Court in CWP No. 12483 of 1990 (S.K.
Bishnoi and others Vs. State of Haryana etc.) as a situation "where there is a loss of
emoluments in the case of an employee on account of revision of pay scales." It would be in
order to precisely define what would constitute an anomaly in the matter of pay scales. It can
be reasonably stated that an anomaly would be said to have occurred :(a)
When the pay scales are revised by the Government through a general pay
revision notification for all its employees and the revised scales are not
prescribed in respect of some posts/departments on account of inadvertent
omission;
(b)
When the functional pay scale prescribed for a promotion post is lower than the
functional pay scale of the feeder post.
(c)
Where there is a loss of pay in the case of an employee on account of revision of
pay scales.
(d)
Where, on promotion, an employee draws lower emoluments than what he was
drawing prior to his promotion.
(e)
Where the pay of a senior employee gets fixed at a lower stage as a
consequence of pay revision qua a similarly situated junior employee.
18.
Having defined the concept of anomaly in matters of pay scales, it is important to
mention that the expression is not clearly understood and is rather misconstrued by most of the
employees. As a result, in all such cases, where the employees request, demand or agitate for
grant of a higher pay scale for a particular post, they generally tend to represent that there is an
anomaly and the same should be removed. In actual, judging by the definition of 'anomaly'
explained above, there is no anomaly as such. Albeit, their request, to be precise, is a demand
for an upward revision of the pay scale.
H.
Whether the provision of same scale for
promotion post would constitute an Anomaly?
the
feeder
post
and
the
19.
A simple and straight answer to the above query is in the negative. There is no
doubt that, in so far as possible, there should be separate pay scales prescribed for feeder
62
posts and promotion posts. However, given the existing administrative structure and a number
of layers in the administrative hierarchy, it is not possible to achieve this ideal situation
especially when the number of pay scales is being reduced from 70 to 30. It would call for a
complete re-structuring of various levels of posts/designations within each department including
abolition of a large number of administrative layers, amend the service rules accordingly and
make adjustments qua the existing posts/employees in the restructured set-up. This can be
achieved over a long period of time and that also after the requisite restructuring exercise is
completed.
20.
In view of the position explained in para 10 earlier, fitment of 70-odd pre-revised
pay scales into 30-odd revised pay scales would mean that a number of pre-revised pay scales
would have to be clubbed and given a substitute pay scale. A natural consequence of such
clubbing/convergence of scales was that there were a number of posts in respect of which
identical pay scale had to be prescribed for the feeder post as well as the promotional post in a
particular cadre. A perusal of Annexure 'A' would show that a total of seven pay scales were
clubbed and substituted by the pay scale of Rs. 1400-2600. It is natural that in certain cases the
pre-revised pay scales were also the pay scales of feeder posts and promotional posts in any
particular department. As a result, on account of clubbing of these seven pay scales and
substitution by one pay-scale of Rs. 1400-2600 as on 01.01.1986, the pay scales of the feeder
posts and those for the promotion posts became identical in some cases. Realising that such a
situation should not result in dissatisfaction for the employees, it was specifically provided in
the Pay Revision Rules of 1987 that wherever the same pay scale had been provided as a
functional pay scale for the feeder post as well as for the promotion post on account of
clubbing of pre-revised pay scales of such posts, an employee, on his promotion in the
same revised pay scale, would be granted the benefit of one increment and his pay, on
his promotion, would be fixed at the stage next above. This benefit of one increment takes
care of the, problem and may often extend greater benefit than what would have accrued to the
employee in the next higher scale. As a matter of fact, it may be higher in certain cases as is
borne out from the following two illustrations :Illustration 1:
(a)
An employee is drawing his pay at the stage of Rs. 6650/- in the pay scale of
Rs. 5000-7850 at the time of his promotion in the same pay scale. On promotion,
his pay would be fixed at the stage of Rs. 6800/- (benefit of one increment) .
Thus he gains an amount of Rs. 150/- (by way of one increment) plus DA thereon
on his promotion to the next post carrying the same functional scale.
(b)
Another employee is working in the pay scale of 5000-7850 and is drawing a
basic pay of Rs. 6650/- in this pay scale. He gets promoted on a post which
carries a pay scale of Rs. 5500-9000 (the scale second next in hierarchy) . His
pay in the functional scale of the promotional post would get fixed at Rs. 6725/(the stage next above in the higher scale) . Thus, in this case, he loses by an
amount of Rs. 75/- as compared with the case illustrated at (a) above.
Illustration 2:
(a)
An employee is working in the pay scale of Rs. 5500-9000 and drawing a pay at
the stage of Rs. 7075/- in this pay scale. He gets promoted to a post carrying the
functional pay scale of Rs. 6500-9900. His pay, on promotion, would be fixed at
the stage of Rs. 7100/- thus resulting in a benefit of Rs. 25/- only, whereas, if he
were to get promoted on a post carrying the functional pay scale of Rs. 55009000, his pay, on promotion would get fixed at the stage of Rs. 7250/-.
63
(b)
Benefit higher than that of one increment would be admissible only in such cases
where the minimum of the functional scale of the promotion post is significantly
higher than the stage at which he is drawing his pay in the feeder post. Such
instances are generally very rare. It is clear from the above illustration that even if
the pay scale of the feeder post and the promotion post is same, the employee,
does not suffer any loss in his emoluments as well as basic pay.
21.
It is clear from the above discussion that, under the existing circumstances due
to the given constraints, it is not possible to ensure that there are separate pay scales
prescribed for feeder post and the promotion post in each and every case. Further, in view of
the provision of fixation of pay at the stage next above in such cases, there is no hardship
caused per se. Further, this is not anomalous in any case.
I.
Whether a pay scale which is further modified after the general pay revision is to
be revised from an ante-date or prospective effect ?
22.
A general pay revision involves fundamental changes in the pay structure of
employees. It includes merger of DA/ADA/Interim Relief and determination of emoluments by
giving fitment benefits such as 20% or 40% of the basic pay for switching over to the revised
pay scale structure. No such fundamental changes are involved when the Government
considers further modification of pay scales during the intervening period of two general pay
revisions. These modifications are generally made in response to the changing realities and
justified demands of employees. This basic difference has to be clearly understood. It is
extremely relevant to make a reference to the judgement of the Hon'ble Punjab &. and Haryana
High Court in the case of S.K. Bishnoi & others versus the State of Haryana in CWP No.
12483 of 1990. In brief, consequent upon an independent examination (by the Officers'
Committee) of the recommendations made by the Pay Anomalies Commission (kindly refer to
para 15), the Government decided to further modify the pay scales of about 150 categories of
posts in 40 departments/organisations vide its order dated 23.8.1990. These revisions were
made effective from 1.5.90. A number of employees belonging to various departments and
posts filed various CWPs in the Hon'ble Punjab & Haryana High Court. The common issue
before the Hon'ble Punjab & Haryana High Court in all these writ petitions (numbering 26) was
as to whether the pay scale modification orders dated 23rd August, 1990 (effective from
01.05.1990) were issued with a view to removing the anomalies and, hence, the modifications
should have taken effect from the day the anomaly occurred i.e. 01.01.1986 rather than from a
later date i.e. 01.05.1990. All these CWPs were decided by way of a single judgement in the
case of S.K. Bishnoi supra. The whole issue has been examined in detail while dealing with
these CWPs and the Hon'ble High Court dismissed these 26 writ petitions finding no merit
therein. The Hon'ble High Court observed in its order as follows :
"The petitioners are not correct in saying that the PAC or the Officers' Committee
had detected any anomaly in their pay scale. Even at the time of hearing, none
was pointed out. The official record produced at the time of hearing does not
point out that the PAC or the Officers' Committee found any anomaly in the pay
scale of the petitioners or other similarly situated employees. To us it appears
that the respondent allowed them the higher pay scale of Rs. 2000-3500 keeping
in view the nature of duties performed by them."
23.
The Hon'ble Supreme Court of India has further settled the issue while deciding
(on 13.1.95) Civil Appeal No. 3528 of 1991 in the case of The State of Rajasthan versus
Gopaldas, 95(3) RSJ pages 24-26. The issue for consideration before the Apex Court was on
the same subject. The Government of Rajasthan had revised the pay scales of its employees
w.e.f. September 1, 1981. Subsequently, it was found that there were certain categories of
64
employees whose revised pay scales were not mentioned in the general revision notification.
While these were subsequently prescribed with effect from the original date of pay revision i.e.
September 1, 1981, the pay scale for the post of UDCs of subordinate offices was further
modified vide another notification w.e.f. a later date i.e. February 23, 1985. This was challenged
and it was agitated that the revision of pay scale for the post of UDCs in subordinate offices
should also be made effective from September 1, 1981. The Hon'ble Apex Court observed as
under in this case:
"7.
The Rules providing for the revised pay-scales were made by the State Govt. as
a result of the recommendation of the Pay Commission which was headed by
Mr. B.P. Beri, a former Chief Justice of the Rajasthan High Court. In the process
of consideration of the recommendations of the Pay Commission and its
implementation, the likelihood of various anomalies and omissions cannot be
ruled out. An anomalies committee is normally appointed to straighten the
discrepancies and deal with the omissions which might come to the notice of the
Government after the initial process of pay revision. This was precisely what was
done by the State of Rajasthan by issuing the fourteen notifications relating to
different departments where under the revised pay-scales, which could not be
included under the Rules, were provided and enforced. So far as the notification
dated February 23, 1985 relating to the UDCs, of subordinate offices is
concerned, it was not with a view to remove any anomaly or to make any
provision for a category which was left out of the Rules. It was a notification
issued as a result of the acceptance of the demand of the UDCs of the
subordinate offices for grant of higher pay-scale which was given to their
counterparts in the Secretariat. The High Court failed to appreciate the factual
basis for issuing the notification dated January 23, 1985 and the State Govt. was
justified in granting revised S-10 to the respondent and other UDCs of
subordinate offices with effect from February 1, 1985.
8.
We allow the appeal, set aside the impugned judgement of the High Court and
dismiss the writ petition filed by Gopaldas. No costs."
24.
Similarly, in another Special Leave Petition (Civil) No. 955 of 1996 (Dr. P.N. Puri
and others Versus State of U.P. and others) decided on 29.1.1996 and reported in 1996 (2)
RSJ, page 66-67, the Hon'ble Supreme Court oil India has held as under :"It is contended by the learned counsel for the petitioners that the reason given
by the respondents is not relevant since the Anomaly Committee recommended
that they are performing the same duties on par with the Medical Officers.
Therefore, the High Court ought to have granted them the scale of pay from
1986. As stated earlier, reasons given in the counter-affidavit may not be correct
reasons but the Anomaly Committee had recommended for payment of same
scale of pay to the persons like the petitioners w.e.f. November 7, 1994. It is well
settled law that fixing a date is not arbitrary violating Article 14. It is settled law
that the authorities cannot pick up from their hat and fix a date. The question,
therefore, arises for decision is: whether the date fixed is arbitrary? The question
was referred to the Anomaly Committee to advise the Government as to the
fixation of the scale of pay to which persons like the petitioners would be entitled
to. The committee had gone into the question and recommended the scale of
pay of Rs. 2200-4000 to the persons like the petitioners and also recommended
to give effect from the date on which they had decided, namely November 7,
1994. The Government having accepted the same and given effect from the
65
date. Under those circumstances, it cannot be said that fixation of date is
arbitrary violating Article 14."
25.
It is thus established and duly held by the Courts from time to, time that wherever
pay scales are revised/modified with a view to removing any anomaly, the rectification of the
anomaly should be done from the date it occurred. Wherever such revision/modification of pay
scales is for reasons other than removal of an anomaly, the Government is fully within its rights
to decide the date of effect of such modification. Hence, it is clear from the above that a case
for ante-dating any further modification of the scale is not made out as long as such modification
is not expressly made with a view to removing any anomaly.
J.
The issue of Vertical & Horizontal relativities:
26.
Another important aspect to be kept in mind while examining a proposal involving
revision of pay scale pertains to the vertical and horizontal repercussions it might have. On the
face of it, a proposal to further improve the pay scale of the post of Packer in Medical College,
Rohtak (numbering 7 in all) from Rs. 750-940 to Rs. 950-1400 on the analogy of the pay scale
of Rs. 950-1400 having been granted to the Packer of Public Relations Department and the
Printing & Stationery Department might have appeared to be simple and insignificant. The case
was not properly examined even in the Finance Department. No attempt was made to compare
the qualifications and nature of duties. The Administrative Department did not look at the
disturbance of vertical and lateral relativities while recommending the proposal to the Finance
Department. The proposal of the Administrative Department was approved and the pay scale of
this post was modified from Rs. 750-940 to Rs. 950-1400.
27.
What happened thereafter is a lesson for all. The Packer was one of the
numerous Class IV category posts in the Medical College without any specified duties. Perhaps,
a different designation was thought of to justify creation of more posts in these categories.
Prescribed qualifications for the Packer were simple Middle Pass. The post of Operation
Theatre Attendants (OTAS) numbering 121 in all, filled-up both directly as well as by way of
promotion from among the Class IV including the Packer had a prescribed pay scale of Rs. 8501100. The moment the pay scale of the post of Packer was revised to Rs. 950-1400, an
anomaly was created as the pay scale of the feeder post (Packer) became higher than the pay
scale of the Promotion post (OTA) . As a result, the pay scale of all the posts of OTAs had to be
revised to Rs. 950-1400 (at least equal to that of the feeder post of Packer) . Now, there are a
number of other categories of Attendants e.g. X-Ray attendants, who, on the analogy of their
horizontal relativities with OTAS, are clamouring for revision of their pay scales as well. The
problem appears to be interminable at this stage.
28.
that :-
A critical examination of one wrong decision in a seemingly simple case shows
(i)
There was a complete failure in applying the 'principles of equivalence of posts'
while further revising the pay scale of the post of Packer in Medical College,
Rohtak on the analogy of grant of the pay Scale of Rs. 950-1400 in the
Department of Public Relations and the Department of Printing & Stationery.
(ii)
There was, again, failure in perceiving the vertical relativities qua the post of
Packer, which resulted in revision of pay scale of the entire cadre of OTAs.
(iii)
There was failure in assessing the horizontal relativities while further revising the
pay scales of OTAs.
66
29.
The simple lesson to be drawn from the above true account of one case is that
no proposal should be examined and considered in an isolated manner. It is extremely rare in
the Government administrative structures that there are no vertical and lateral/horizontal
repercussions. Such cases must be examined along with the terms & conditions of service in
respect of feeder posts and promotion posts. Clearly accepted or implied horizontal relativities
must be examined thoroughly before creating a host of actual anomalies in the process of
removal of the alleged anomalies.
K.
Grant of Pay-scales subject to the employer's capacity to pay:
30.
One of the important determinants for grant/revision of pay scales to the
employees is linked with the employer's capacity to pay. The State, as an employer, does not
have unlimited resources to pay to its employees. As at present, about 58% of the State's total
budget is being spent on the salary and pension bills of its employees. Another 20-25%
accounts for establishment costs of various kinds leaving very small share for the public welfare
schemes and infrastructure development. Pension liabilities in Haryana have grown at an
alarming average annual rate of 44% during 1995-99 as per the report of the Eleventh Finance
Commission. Debt service obligations have reached the level of State's borrowings. One would
have to appreciate that this is not a fair allocation of the tax-payers' money. While high level of
employee costs in a social sector department like Education is understandable, it cannot be
justified in works departments or infrastructure-related departments.
32.
It is, therefore, very important that the Departments keep these financial
limitations in mind before considering or recommending any further revision of pay scales of its
employees. An internal system of developing linkages between employees cost, and their
output & productivity needs to be evolved by each and every department and the
representations for further improvement of pay scales need to be examined against the
backdrop of a criterion evolved following sound economic principles. Recommendations of the
employees' representations by the Departments without detailed examination results in a
peculiar situation where one arm of the Government recommends a case and the other arm
turns it down. This also results in weakening the Government stand before the Courts. T s,
therefore, imperative that any recommendations in these matters are based on an in-depth
examination of the case with full justification in the light of discussions in the foregoing
paragraphs.
33.
These guidelines partially explain some of the important issues connected with
the complex subject of Pay Revision, Anomalies and Pay Scales. It is hoped that these
guidelines assist the employees in general in acquiring proper understanding of various issues
so that they do not make mis-informed representations. These guidelines are also addressed to
the senior officers, more specifically the Heads of Departments and the Administrative
Secretaries in the hope that the cases involving further modifications of pay scales or those
seeking removal of the so-called anomalies are examined in proper perspective in order to take
sound decisions. These guidelines should also come handy in preparation of replies in court
cases and in defending various cases before the courts in a proper manner.
Yours faithfully,
Sd/(Y.S.Malik)
for Commissioner & Secretary to Government,
67
2.
The Chief Secretary to Government, Haryana (in General Services Branch)
The Member Secretary, Haryana Bureau of Public Enterprises.
Sd/(Balwant Singh)
Under Secretary, Finance (PR)
To
1.
2.
The Chief Secretary to Government, Haryana
(in General Services Branch).
The Member Secretary, Haryana Bureau of Public Enterprises.
U.O. No. 8/6/2001-5PR(FD)
68
Annexure ‗A‘
Standard Pay Scales as on 01.04.1979 and the Standard Revised Scales
Sr. Category/Post
No.
A. Group 'D‘
Pay Scale as on 01.04.1979
300-430
1.
300-430 (TS) ; 350-500 (SG)
2.
350-500
3.
350-500 (TS) ; 400-600 (SG)
4.
Pay Scales as Pay Scales as
on 01.01.1986 on 01.01.1996
750-940
2550-3200
775-1025
2610-3540
400-600
800-1150
2650-4000
5.
400-660
950-1400
3050-4350
6. Groups ‗C‘ & ‗B‘
400-660
950-1500
3050-4590
7.
400-660 (TS) ; 480-760 (SG)
8.
Police Constable
950-1800
3050-5325
9.
400-660 (TS) ; 480-760 (SG) Tracer
975-1540
3200-4900
1200-2040
4000-6000
1320-2040
1350-2200
1400-2300
1400-2600
4400-6000
4500-7000
10.
450-700 (Head Gatekeeper)
11.
12.
420-700
420-700 (TS) ; 525-900 (SG)
13.
450-700
14.
480-760
15.
16.
17.
18.
19.
20.
480-760 (TS),525-900 (SG)
525-825 (ASIs in Police)
Health Technicians
Draftsman Engineering
525-900
525-900 (TS) ; 600-1100 (SG)
21.
525-1050
22.
525-1050 (TS) ; 600-1100 (SG)
23.
525-1050 (TS) ; 700-1250 (SG)
24.
600-1100
25.
26.
600-1100 (TS) ; 700-1250 (SG)
700-1150
1600-2660
5450-8000
27.
28.
750-1250
750-1250 (TS) ; 750-1450 (SG)
1640-2900
5500-9000
29
700-1400
30.
700-1400 (TS) ; 800-1600 (SG)
31.
32.
750-1450
750-1450 (TS) ; 800-1600 (SG)
33.
34.
800-1600
800-1600 (TS) ; 900-1700 (SG)
2000-3200
6500-9900
35.
800-1600 (TS) ;1200-1700 (SG)
36.
800-1600 (TS) ; 1000-1800 (SG)
37.
38.
900-1700
900-1700 (TS) ; 1000-1800 (SG)
2000-3500
6500-10500
5000-7850
69
Sr.
No.
Category/
Posts
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50. Group 'A'
51.
52.
53.
54.
900-1800
900-1700 (TS) ; 1200-1850 (SG)
940-1850
1000-1500
1000-1500 (TS) ; 1600 (Fixed) (SG)
1000-1800
1000-1800 (TS) ; 1200-1860 (SG)
1200-1600
1200-1700
1200-1860
940-2000
900-1700
900-1800
940-1850
980-1850
Research Officer in ESO (Later)
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
980-1850
1000-1800
1200-1700
1200-1860
1250-2000
1400-1860
1400-2000
1400-2100
1700-2150
1760-2300
2000-2300
2000-2400
2000-2500
2100-2500
2150-2500
2250-2500
2250-2600
2250-2750
IPS Selection Grade
IAS Selection Grade
73.
74.
Total
Scales
2500-2750
2500-3000
2500-2750 + 250 SP
Pay 70 (Excluding the scales for AIS)


***************
Pay Scales as
on 01.01.1986
Pay Scales as
on 01.01.1996
2000-3500
6500-10500
2000-3500
6500-10500
2375-3600
2500-4000(New)
2200-4000
7450-11500
7500-12000
8000-13500
3000-4500
10000-13900
3000-5000
10000-15200
3700-5000
12000-16500
4100-5300
13500-17250
4500-5700
4800-5700
5100-6150
5100-6700
5900-6700
14300-18300
15100-18300
16400-20000
16400-20900
18400-22400
7300-7600
29
22400-24500
28
70
FINANCE DEPARTMENT
No. 5/27/98-1FR-II
To
All Deputy Commissioner &
SDO (Civil) in Haryana,
Dated, Chandigarh, the 23rd April, 2001
Subject :
Air travel by no higher than economy Class – Instructions regarding.
Sir,
I am directed to invite your attention to the subject cited above. In view of the
need to exercise economy, the Government has decided that all journeys by air (domestic as
well as international) will be performed by no higher than Economy Class by all concerned
entitled to travel by air.
2.
The above instruction may please be brought to the notice of all concerned for
strict compliance.
Yours faithfully,
Sd/(Ram Saran)
No. 5/27/98-1FR-II
A copy is forwarded for information and necessary action to the :1.
2.
Sd/(Ram Saran)
No. 5/27/98-1FR-II
Dated, Chandigarh, the 23rd April, 2001.
2.
Advocate General, Haryana, Chandigarh.
Legal Remembrancer, Haryana, Chandigarh.
71
3.
4.
5.
Secretary, Haryana Vidhan Sabha, Chandigarh.
The Chairman/Chief Executive Officer/Managing Director of all
Corporations/Boards in Haryana.
Member Secretary, HBPE.
Sd/(Ram Saran)
Administrative Secretaries to Govt. Haryana for information and necessary action.
Sd/(Ram Saran)
To
1.
2.
All Administrative Secretary to Govt., Haryana.
U.O. No. 5/27/98-1FR-II
Dated, Chandigarh, the, 23rd April, 2001.
A copy each is forwarded to the Principal Secretary/Additional Principal
Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/
Ministers/state Ministers/Chief Parliamentary Secretary for the information of Chief Minister/
Ministers/State Ministers/Chief Parliamentary Secretary Haryana.
Sd/(Ram Saran)
To
The Principal Secy./Additional Principal Secretary/OSD/Senior Secretaries/
Secretaries/Private Secys. to the Chief Minister/Ministers/State Ministers/
Chief Parliamentary Secy. Haryana.
U.O. No. 5/27/98-1FR-II
Dated, Chandigarh, the, 23rd April, 2001.
nicfin/budget/travel
***************
72
These instructions have been clarified further vide No. 6/85/03-3PR(FD),
Dated 22.09.2004 & No. 6/39/04-4PR(FD) Dt. 09.12.2005.
FINANCE DEPARTMENT
No. 6/53/2001-5PR(FD)
To
Commissioners of Divisions,
Deputy Commissioners and
Dated, Chandigarh, the 10th May, 2001
Subject :
Court cases pertaining to Pay Revision/Pay Scale matters of the
employees - regarding filing of replies in Courts and vetting of draft written
statement/replies.
I may invite your kind attention to the following instructions issued by the
Government of Haryana in connection with the subject cited above :(1)
(2)
(3)
(4)
(5)
Letter No. 1/34/93-4PR(FD), dated 8.2.94 issued by the FD
Letter No. 66/12/2000-6GS-I, dated 12.01.2001 issued by the Chief Secretary,
Haryana.
2.
It has been observed that certain departments have not been following the
instructions referred to above and the cases are not being properly defended before the Courts
resulting in heavy financial implications for the Government You are, therefore, requested to
ensure strict compliance of the instructions referred to above in matters pending consideration
before various courts.
3.
The Departments are required to consult the Finance Department for filing
replies/written statements in the Courts well in time under the instructions referred to above. The
process of consultation with the Finance Department is limited to the extent that wherever the
departments do not understand the rationale and the logic for grant of certain pay scale or
provision of a rule in connection therewith, the Finance Department is in a position to assist the
departments in putting across the Government view point in the written statements in a proper
manner. As a matter of fact, the Finance Department has issued three circular letters in the
recent past in this connection. These circular letters are as under:
(i)
(ii)
(iii)
No. 6/1/2001-1PR(FD) dated 24.01.2001
No. 5/4/2001-5PR(FD) dated 2.03.2001
No. 8/6/2001-5PR(FD) dated 20.04.2001
4.
A close reading of these three circulars should be of immense help in preparation
of written statements/replies. However, in case the issues are still not dear, the departments are
73
advised to consult the Finance Department in the matter. In any case, the written
statements/draft replies connected with the subject of pay revision and pay scales should be got
vetted from the Finance Department.
5.
It has been observed that draft written statement are prepared by the
departments and sent to the Finance Department for vetting m a routine manner. A perusal of a
number of such draft written statements received in the Finance Department leads one to
understand that the same have not been read by the senior officers. It is, therefore, of critical
importance that such drafts, before being sent to FD for vetting are thoroughly scrutinised at the
level of senior officers of Administrative Department.
6.
Further, it may be appreciated that Finance Department is not equipped with
adequate staff to keep re-writing these written statements. Under these circumstances, the
HODs, ADs are requested to adopt the following procedure :(i)
The written statement/draft reply should be neatly typed in double space It would
be useful if these written statements are typed in MS Word and a floppy is sent
along with the hard copy so that changes/alterations can be made without any
inconvenience.
(ii)
The written statements/draft replies should be sent to the FD giving adequate
time for FD's views thereon. It should not be submitted when the last date for
submission of written statement in the Court is approaching near.
(iii)
After the draft written statement/draft reply is sent to the FD for vetting, an officer
conversant with the case should be deputed to discuss the matter at personal
level with DA/FD or USF(PR) and or JSF/CSSF. This exercise of discussion at
personal level would obviate the need for making back reference.
(iv)
Once the written statements/draft replies are cleared by the FD and filed in the
courts, an officer conversant with the case should be deputed to get in touch with
the law officers of the office or Advocate General, Haryana at least 2/3 days
before the date listed for hearing of the case and fix up time for detailed briefing
of the Law Officer concerned. The Law Officer of the Advocate General Office
must be briefed the previous day so that he is fully prepared for arguments at the
time of hearing of the case.
The contents of this letter may be brought to the kind notice of all concerned
under strict compliance.
Sd/(Y. S. Malik)
A copy is forwarded to :All the Financial Commissioner & Secretaries to Government,
Haryana, and
74
All the Commissioners & Secretaries to Government, Haryana for
information & necessary action.
Sd/(Balwant Singh)
Under Secretary Finance
To
(1)
(2)
All the Financial Commissioner & Secretaries to Government,
Haryana, and
All the Commissioners & Secretaries to Government, Haryana for
U.O. No. 6/53/2001-5PR(FD)
Dated, Chandigarh, the 10th May, 2001.
***************
75
No. 4/2/98-1FR-II/673
From
To
Commissioners, Ambala, Gurgaon, Rohtak & Hisar Divisions,
Sub Divisional Officers (Civil) in Haryana.
Dated, Chandigarh, the 31st May, 2001
Subject :
Grant of Dearness Allowance to Haryana Government Employees on
revised and un-revised scale of Pay.
Sir,
I am directed to refer to this Department circular letter No. 4/2/98-1FR 11/1804,
dated 22.12.2000 on the subject noted above and to say that the Governor of Haryana is
pleased to decide that Dearness Allowance payable to Haryana Govt. employees shall be
enhanced from the existing rates of 41% to 43% of the pay w.e.f. 1st January, 2001.
2.
Those employees who opt to retain the pre-revised scales of pay or drawing pay
in the unrevised scale after 1.1.96, the rates of DA in their case from 1st January, 2001 will be
the same i.e. 43% as are applicable to the employees who are drawing the revised pay scales.
However, while calculating the Dearness Allowance @ 43% in such cases, the following
components will be taken into account :1.
Basic Pay
2.
Dearness Allowance applicable on 1.1.96, i.e. 148%, 111% and 96% as the case
may be.
3.
Interim relief-I
4.
Interim Relief-II
4.
The arrears on account of enhancement in Dearness Allowance from 1st
January, 2001 to 31st May, 2001 in respect of all Govt. employees shall be credited to their
General Provident Fund Account. However, it will be paid in cash from 1st June, 2001 i.e. for
the month of June, 2001 paid in July, 2001.
5.
The other provisions regarding payment of dearness allowance contained in FD's
letter No. 4/2/98-1FR-II/623, dated 30.4.99 shall continue to be applicable while regulating
Dearness Allowance under these orders.
Yours faithfully,
Sd/(RAM SARAN)
****************
76
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATIONS)
Notification
Dated, Chandigarh, the 5th June, 2001
No. 6/1(1)/2000-1FR-I.— In exercise of the powers conferred by the proviso to article 309 of the
hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume-I,
Part-I, in their application to the State of Haryana, namely :1.
These rules may be called the Punjab Civil Services Vol. - I, Part - I (Haryana
First Amendment) Rules, 2001.
2.
In the Punjab Civil Services Rules, Volume-I Part-I, for rules 3.6 and 3.7 the
following rules shall be substituted but rule 3.6 shall be deemed to have been
substituted with effect from the 22nd September, 1999, namely :―3.6(a) Notwithstanding anything contrary contained in the respective service rules,
no person whose age exceeds 40 (Forty) years may ordinarily be admitted
into pensionable service under the Government.
(b)
The age limit of 40 (Forty) years shall be extended by five years in the case of
Scheduled Castes/Scheduled Tribes and Backward Classes for appointment
to Gazetted as well as non-Gazetted services or posts.
Note 1.— The restriction as to age will not apply in the case of recruitment of ex-soldiers,
military pensioners and reservists to class IV posts.
Note 2.— The age limit prescribed for appointment to any service or post shall be relaxed in
favour of ex-serviceman who has rendered military service to the extent of his military
service added by three years provided he had rendered continuous military service
for a period of not less than six months before his release and he had been released
otherwise than by way of dismissal or discharge on account of misconduct or
inefficiency.
3.7
The limit in rule 3.6 in the following cases shall be;
(a)
Forty years in the case of a person appointed to be a subordinate Judge;
provided that Barristers, Vakils and Pleaders who are actually practising in the
High Court or Courts subordinate thereto, will be allowed to subtract from their
age one year for each year of practice upto maximum of 3 years.
Note.— The maximum age limit in this clause may, in special circumstances, be relaxed by
the Hon‘ble Judges at the time of appointment by not more than one year.
(b)
fifty years in the case of Senior Town Planner;
(c)
forty-five years in the case of Regional Town Planner;
(d)
forty years in the case of Divisional Town Planner;
Note.— The question of relaxing the age limit for entry into Government service laid down in
rules 3.6 and 3.7 shall be considered at the time of first appointment to a post
whether such appointment is of an officiating, temporary or permanent nature‖.
A.N. MATHUR
***************
77
No. 4/7/99-4FR-II/849
From
To
Sir/Madam,
I am directed to invite a reference to letter No. 4/7/99-4FR-II/1950, dated
7th February, 2001, on the subject noted above and to say that the Governor of Haryana is
pleased to decide that the dearness relief to the pensioners/family pensioners of the
Government of Haryana, to compensate them for the rise in the cost of living beyond the
average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and
revised pension/family pension with effect from 1st January, 2001 to modified as below :Rates of Dearness Relief on unrevised pension/family pension
Date from
which
payable
1.1.2001
Pension/Family Pension Per
month
(ii) Exceeding Rs. 1750/- but not 192% of the Pension/Family Pension subject
exceeding Rs. 3000/.
to a minimum of Rs. 4498/-.
167% of the Pension subject to a minimum
of Rs. 5760/-
1.1.2001
2.
78
3.
4.
5.
payment of dearness relief as a uniform rate of 43% of pension family pension w.e.f.
1st January, 2001. Therefore, it has been decided to dispense with the issue of enclosing ready
reckoner alongwith dearness relief orders. It will now be the responsibility of the pension
disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness
relief payable in each individual case.
6.
7.
Yours faithfully,
Sd/(Ram Saran)
***************
79
MOST IMMEDIATE/DATE BOUND
No. 28/26/98-6B&C
From
To
All Heads of Departments in Haryana State,
(Except shown in the list)
Registrar, Punjab and Haryana High Court,
All Commissioners of Divisions and
All Deputy Commissioner in the State
Subject : Reg. allotment of unique Code Nos. to State Govt. Employees.
Sir,
I am directed to invite you attention to the Finance Department letter No. 28/26/986B&C, dated 17-5-2000 and subsequent reminders of even No. dated 12th July, 2K and
7th August, 2000 on the subject noted above and to say that information regarding Allotment of
Unique Code Nos. to the employees of your department as required vide letter under reference
is still awaited whereas action in this regard was to be completed within a month.
The Accountant General, Haryana has again brought to the notice of Finance
Department that most of departments have not allotted the desired codes to their employees so
far. It is, therefore, again requested that the required unique codes as per procedure and alpha
codes allotted by this department to you be allotted at the earliest but no later than 30th June,
2001 under intimation to Accountant General, (A&E), Haryana and also Finance Department (in
B&C Br.).
Yours faithfully,
Sd/Supdt. Budget and Committee,
A copy is forwarded to all Financial Commissioners and Administrative Secretaries to
Govt. Haryana for information and necessary action.
They are requested that the departments under their control may be directed to allot
the proposed unique codes to all employees within the stipulated date.
To
All the Financial Commissioners and all the Administrative
U.O. No. 28/26/2000-6B&C
Dated 15th June, 2001
80
No. 28/26/2000-6B&C
A copy is forwarded to Deputy Accountant General (Accounts), Haryana w.r.t. his
letter No. TM/2001-02/VLC/145, dated 25-5-2001 for information.
List of Depts. Information received
Sr. No.
1.
Dairy Development
2.
Commissioner, Ambala
3.
Vigilance Bureau
4.
L.R.
5.
AGOT
6.
Vidhan Sabha
7.
Sports
8.
Commissioner, Rohtak
9.
Tourism
10.
Prosecution
11.
Civil Aviation
12.
Institutional Finance & Credit Control
13.
Local Audit
14.
Local Bodies
15.
Supplies & Disposals
16.
Animal Husbandry
17.
Commissioner Gurgaon
18.
Environment
19.
Archaeology
20.
Archives
21.
Mines & Geology
22.
H.P.S.C.
23.
Consolidation
24.
ESA
25.
Advocate General, Haryana
26.
Fisheries
27.
Lotteries
28.
Land Record
29.
Non Conventional Energy Source
30.
D.C. Faridabad
31.
Wild Life
32.
Urban Estate
33.
Architecture
34.
D.C. Kurukshetra
35.
Jails.
***************
81
No. 28/35/2000-6B&C
From
To
All Deputy Commissioner in the State.
Subject : Computerised enumeration of State Govt. employees.
Sir,
I am directed to invite your attention to Finance Department letter No. 28/35/20006B&C, dated 18th August, 2000 on the subject noted above and to say that vide this letter it was
requested that all the DDOs of your department be directed to ensure that the pay bills from the
month of August, 2000 onwards are complete in all respects as per details given therein, before
presentation to the treasuries. Now Accountant General (A&E), Haryana has again brought to
the notice of the Finance Department that the desired details are not furnished in a large
number of vouchers from the Treasuries/DDOs. To accord High priority to the time bound
programme mentioned in the subject and to ensure complete accuracy thereof, it is re-iterated
that :A.
The bills prepared by the DDOs for presentation at the treasuries may be completed
in all respects and classified separately under plan and non-plan containing the following
details :(i)
Names, designations, group, pay scales, basic pay, gross pay, net pay,
income tax, GPF deduction and classification of posts under technical and non
technical categories alongwith absentee statement indicating the number of
employees for whom pay was not drawn, their designation, group, scale of pay
and basic pay, net pay, income tax and GPF deductions.
(ii)
Description of posts as well as sanctioned number of posts. Intention behind
recording this information is to have a distinct idea of group-wise number of
employees in each department through an abstract to be prepared indicating
department-wise numbers of employees in each group as per classification of
posts by the State Govt. It may also be ensured that General Provident Fund
Account Number of all the employees is indicated in the pay bills. The DDOs
are thus required to mention group (A, B, C & D) against each establishment;
and
(iii)
Vouchers of pay and allowance pertaining to group-D officials as well as police
constable should be accompanied with full details of employees from the
record available with the DDOs. It would be appreciable if computerised
printout for preparation of bills is used by all the departments.
82
B.
All the accounts may be rendered by the accounts rendering units i.e. Treasuries,
PWD and Forest Department to A.G. Office on due dates as any delay will disturb the time
schedule for commencement of work.
It is, therefore, requested that all the DDOs of your department be directed
accordingly to ensure that the bills for pay and allowances henceforth are completed in all
respects as per details given above, before presentation at the treasuries and the accounts
rendering units be directed to ensure timely rendition of accounts to the office of AG (A&E),
Haryana.
Yours faithfully,
Sd/Under Secretary, Finance (Budget)
No. 28/35/2000-6B&C
A copy is forwarded to the A.G. (A&E), Haryana, Chandigarh w.r.t. her D.O. letter
No. TMC (C)Comp/Enum/2000-01/138-40 dated 22.05.2001 for information.
Endst. No. 28/35/2000-6B&C
A copy is forwarded to the Director, T&A, Haryana with the request that all the
Treasury Officers in the State may be instructed to ensure that the pay bills presented at the
Treasuries/Sub-Treasuries are passed only when they are complete in all respects containing
complete information detailed above.
***************
83
(Copy of letter No. 16/40/2000-4WM dt. 20th June, 2001)
Subject : Grant of Computer Advance to Government employees.
I am directed to invite a reference to the Finance Department letter No. 16/40/2k4WM, dated 02.11.2000 on the subject noted above vide which Government employees
drawing pay of Rs. 8000/- p.m. and above (including SP & NPA) are entitled to an advance
admissible upto Rs. 60,000/- for the purchase of personal computer, recoverable in not more
the 100 equal monthly instalments and to say that in certain cases the advance was found misutilised. It has, therefore, been decided by the State Government that the concerned Heads of
the Departments/DDOs will, henceforth, obtain receipt/cash memo and comprehensive
insurance certificate of the computer purchased by the loanee within a period of two months
from the date of drawal of advance and submit a report to this effect to the Finance Department
(Ways & Means Branch). In case of misuse of advance, a penal interest @ 10% over and above
the normal rate of interest will be charged from the date of drawal till the principal amount is
recovered and such defaulting employees shall also be debarred from all kind of Government
loans for future.
2.
If the loan is utilised beyond the period of two months, a penal interest @ 10% PA
over and above the normal rate of interest will also be charged from the date of drawal of loan
from Treasury to the date of its utilisation.
3.
These instructions will come into force with immediate effect and will be applicable to
those cases also which have not been decided upto the date of issue of these instructions.
4.
These instructions may be brought to the notice of all the officers/officials working in
your department for strict compliance.
***************
84
No. 2/1/2/90-3FR-II
From
To
Dated, Chandigarh, the 21st June, 2001
Subject : Disbursement of Pay and Allowances/Pension for the month of June, 2001.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 30th June,
2001 and 1st July, 2001 on account of Saturday and Sunday respectively, the Governor of
Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab
Financial Rules Vol. I, the pay and allowances for the months of the June, 2001 for all
Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of June, 2001 for
Haryana Government pensioners as well as others who are drawing their pension from Haryana
Government pensioners as well as others who are drawing their pension from Haryana
Government Treasuries may be drawn and disbursed on the 29th June, 2001.
Yours faithfully,
Sd/(RAM SARAN)
No. 2/1/2/90-3FR-II
A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana,
Chandigarh for information.
Sd/(RAM SARAN)
85
No. 2/1/2/90-3FR-II
A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for
Haryana State for information.
Sd/(RAM SARAN)
A copy is forwarded to :All Financial Commissioners, Haryana and
All Administrative Secretaries to Govt., Haryana for information.
Sd/(RAM SARAN)
To
All Financial Commissioners, Haryana.
U.O. No. 2/1/2/90-3FR-II
A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the
Chief Minister/Ministers of State for the information of the Chief Minister/Ministers of State,
Haryana.
Sd/(RAM SARAN)
To
The Principal Secretary/Secretaries/Private Secretaries to the
Chief Minister/Ministers/Ministers of State Haryana.
U.O. No. 2/1/2/90-3FR-II
Dated, Chandigarh, the 21st June, 2001.
***************
86
No. 4/9/2009-5FR/1858, Dated 13.01.2010.
No. 13/2(37)2000-5FR-I
From
To
Dated, Chandigarh, the 22nd June, 2001
Subject : Calculation of monthly contribution towards cost of pension and leave salary
payable during foreign service.
Sir,
I am directed to invite a reference to the Haryana Government Finance Department
letter No. 13/5/(8)/82-5FR-I, dated 31/12/1982 (copy enclosed) on the subject noted above and
to say that Government have revised the pay scales of all the State Govt. employees w.e.f.
1-1-1996. The matter regarding calculation of Pension contribution payable in respect of the
Govt. employees during active period of their foreign service has been engaging the attention of
the Government since 1.1.96. The Governor of Haryana is please to decide that the pension
contribution payable in respect of Government employees during the active period of their
foreign service shall be based on the maximum of the pay as defined in Rule 2.44 (a) (i) of
Punjab C.S.R. Vol.-I, Part-I of the revised pay scale of the post held by Government employees
at the time of proceeding on foreign service or to which he may receive proforma promotion
while on foreign service.
2.
The rates of pension contributions shall continue to be calculated as provided in
Annexure to this department's letter No. 13/5(8)/82-5FR-I, dated 31-12-1982. Similarly, the rates
of leave salary will continue to be calculated as provided in Annexure 'B' with reference to note
1 under rule 10.10 of Punjab C.S.R. Vol. I, Part-I.
3.
These orders will apply w.e.f. 1.1.1996. In respect of persons who are already on
foreign service as on 1.1.1996, the rates of pension contribution and leave salary contribution
will be calculated as per above formula with effect from the date they opt to come over to the
revised pay scale in their parent cadres. For earlier periods the pension contribution and leave
salary contribution will be as per existing orders i.e. the orders in force prior to 1.1.1996 from
time-to-time.
Yours faithfully,
Sd/Under Secretary Finance(R)
87
Endst. No. 13/2(37)2000-5FR-I
Dated 22.06.2001
A copy is forwarded for information & necessary action to the :1.
2.
3.
4.
Accountant General (A&E) Haryana, 100 spare copies.
All Treasury Officers/Assistant in Haryana.
The Treasury Officer, Tees Hazari, Delhi-6
The Director, Treasuries and Accounts, Haryana, Chandigarh.
Sd/Under Secretary Finance (R)
2.
All Administrative Secretaries to Govt., Haryana, for information.
To
(i)
(ii)
U.O. No. 13/2(37)2000-5FR-I
Dated 22.06.2001
A copy each is forwarded to the Principal Secretary/Additional Principal Secretary/
OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State
Minister/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State
Ministers/Chief Parliamentary Secretary.
To
The Principal Secretary/Additional Principal Secretaries/OSD/
Senior Secretaries/Private Secretaries to the Chief Minister/
Ministers/Chief Parliamentary Secretary.
U.O. No. 13/2(37)2000-5FR-I
Dated 22.06.2001.
***************
88
No. 20/10/96/Acctt.II/HBPE (FD)
From
The Member Secretary,
Haryana Bureau of Public Enterprises,
Finance Department, New Sectt. Building,
Sector-17, Chandigarh.
To
All the Financial Commissioners/Commissioner and
Secretaries to the Government of Haryana,
All the Head of Departments in the State,
All the Managing Directors/Chief Administrators/
Chief Executive Officers of all the Boards/
Corporations/Co-op. Institutions.
Subject : Regarding grant of special pay to the Class-IV employees of State Public
Enterprises/Institutions.
Sir,
I am directed to invite your attention towards instructions issued by the Finance
Department vide letter No. 14/488 (a)90/PE (FD)AIII, dated 15/18.2.1991 vide which the
question of grant of special pay and its quantum to the employees of Public Undertakings was
examined and decided that only the post of PA./Steno-typist/Drivers (for car and jeep only) were
allowed special pay with effect from 1.3.1991 onwards. No other post of any category was
allowed special pay in the Public Undertakings after 1-3-1991 and the incumbents who were
drawing the special pay as on 18.2.91 were allowed to draw special pay as a personal
measures to the persons concerned and in future recruitment's/promotions special pay was
discontinued.
2.
Instances have, however, come to the notice of Finance Department, that some of
the Public Undertakings have allowed special pay of Rs. 30/- to class-IV employees of their
Undertakings on the pattern of Haryana Civil Secretariat even after the issuance of policy
instructions dated 15/18-2-1991 referred to above and this action is a serious irregularity on the
part of these Undertakings.
3.
In view of above you are requested to stop the practice of special pay to class-IV
employees in your organization, if the same has been allowed after issuance of policy
instructions dated 15/18-2-1991. It may also be ensured that no category of employees except
P.A./Steno-typist and Drivers are allowed special pay without specific approval from the Finance
Department.
Yours faithfully,
Sd/Personnel Advisor,
for Member Secretary, Haryana Bureau of Public
Enterprises, Finance Department.
***************
89
No. 1/2(8)/98-2FR-II
From
To
Dated, Chandigarh, the 3rd July, 2001
Subject : Implementation of Government's decision on Pension and Family Pension
related matters - Revision of Pension of pre-1986 and pre-1996
Pensioners/Family Pensioners.
Sir,
I am directed to refer to this Department Notifications No. 1/2(8)/98-2FR-II (part-IV)
dated 13.01.2000 and 1/2(8)/98-2FR-II(Part-V) dated 18.01.2000 on the subject noted above
vide which pension of pre-1986 and pre-996 Pensioners/Family Pensioners was revised and
each pensioner/family pensioner who is entitled for the benefit of revision of pension/family
pension in terms of above orders was required to apply for revision of the same in prescribed
form (in duplicate) alongwith photocopy of P. P. O. to his/her Head of Office/Department within a
period of 180 days (i.e. upto 13.7.2000 & 18.7.2000 respectively) from the date of issue of
above orders. Even then some pensioners/family pensioners could not apply according to the
above mentioned instructions and requested for further extension. Government after
considering their request further revised the dates i.e. upto 12.1.2001 and 17.1.2001
respectively.
2.
It has now been brought to the notice of Govt. by various organisations of pensioners
individual pensioners/family pensioners through representations that many pensioners/family
pensioners still could not apply for revision of their pension/family pension within stipulated
period i.e. upto 12.1.2001 and 17.1.2001 respectively. The Government after considering the
matter sympathetically has now decided to extend the period further upto 30.9.2001. It has also
been decided that no further extension under any circumstances will be given and those who
fail to submit their applications during the above stipulated period will be deemed to have opted
to continue to draw their existing pension/family pension.
Further, it is also directed to take necessary action for revision of pension/family
pension within stipulated period. If any delay occurs on the part of any officers/officials of the
concerned Department, stern action may be taken against the delinquent and no case for
relaxation be referred to FD.
Yours faithfully,
Sd/(RAM SARAN)
***************
90
MOST IMMEDIATE
No. 11/6/91-4FD-III/2001
From
To
Dated, Chandigarh, the 10th July, 2001
Subject : Amendment in Condemnation and Disposal Rules and procedure for store
items and vehicles — Special campaign for disposal.
Sir,
I am directed to address you on the subject noted above and to state that after
careful consideration the Finance Department in supersession of F.D.'s letter No. (1) 11/6/914FD-III/226, dated 13.2.91, (2) No. 11/6/91-4FD-III/92(2324)94, dated 21.9.94 and (3) No. 11/6/
91-4FD-III/78 (99), dated 31.3.99, has now laid down the following procedure regarding disposal
of condemned Vehicles/Store items :(i)
All condemned stores which are to be sold on ferrous and non-ferrous scrap
of Govt./Govt. Undertakings will be condemned and disposed off by the
Director, Supplies and Disposal, Haryana and Deputy Commissioner of the
concerned district. The reserve price will be fixed by the Condemnation
Board of the Distt. for scrap/stores yet to be condemned, the Condemnation
Board will carry out the condemnation simultaneously fixing the reserve price.
This condemnation Board will be the same as for Govt. Vehicles at district
level.
(ii)
Other stores whose book value is less than or equal to Rs. 50,000/- shall be
got condemned/disposed off by the same Board as above through monthly
auction or tenders, as may be decided by the Board.
(iii)
Stores of which the book value exceeds Rs. 50,000/- other than vehicles and
scrap, will be condemned and disposed off by the Office of Director, Supplies
and Disposal in the manner being followed at present. The information
regarding such items will be collected from the Heads of Departments by
Director, Supplies and Disposal. Cases of disposal of Stores pending with
Director Supplies & Disposals of Value less than Rs. 50,000/- will be referred
to the Deputy Commissioners by Director, Supplies & Disposals.
(iv)
The Auction Committee should be empowered to reduce the reserve price of
the vehicles on the spot in the following manner :(a)
(b)
(c)
the first instance to a maximum of 10% of the reserve price where the
bid falls short of the reserve price fixed by the Condemnation Board.
In the Second instance by another maximum of 10% of the reserve
price if the bid falls short of the reserve price.
If the vehicle still remains un-disposed the reserve price of the vehicle
may be refixed by the Condemnation Board.
91
(v)
Full powers for administrative approval are delegated to Heads of
Departments for stores and vehicles, yet to be condemned. For stores and
vehicles already condemned but awaiting administrative approval, the same
may be presumed to have been obtained unless Head of Department issues
a specific refusal. Heads of Departments will make sure that administrative
approval or refusal is granted latest in a month's time for stores and vehicles
yet to be condemned in future failing which the Director, Supplies & Disposal
shall be competent to dispose off such condemned stores and vehicles, at his
own level.
(vi)
After obtaining the administrative approval sanction of the Govt. in the
Industries Department for calling tenders of the stores need not be obtained
either by Director, Supplies and Disposals or the Condemnation Board as the
case may be.
(vii)
Director, Supplies and Disposals/Deputy Commissioner, General Managers,
Haryana Roadways will decide the date for condemnation/disposal of the
stores/vehicles as and when need be instead of the present practice of
condemnation/disposal after every three months.
(viii)
Director, Supplies and Disposals, will hold meetings with some of the Heads
of the departments where vehicles are awaiting disposal in large numbers for
want of administrative approval and impress upon them the urgent need to
dispose them off and in case any Head of Department/Corporation/Board
expresses his inability to do so, the matter will be brought to the notice of the
Financial Commissioner, Finance and Commissioner & Secretary to Govt.
Haryana, Industries Department for taking action in the matter.
2.
Contents of these instructions be brought to the notice of all concerned officials/
officers for strict and immediate compliance.
Yours faithfully,
No. 11/6/91/4FD-III/2001
Dated 10.7.2001
A copy is forwarded to the Accountant General (Accounts/Audit) Haryana,
A copy is forwarded to all the Financial Commissioners and Administrative
Secretaries to Govt., Haryana for information and necessary action.
92
To
All the Financial Commissioners and Administrative
U.O. No. 11/6/91-4FD-III/2001
Dated : 10.7.2001
No. 11/6/91-4FD-III/2001
Dated : 10.7.2001
A copy is forwarded to the :(i)
(ii)
All G.Ms., Haryana Roadways.
Managing Director, Haryana Concast Ltd.;
for Financial Commissioner & Secy. to Govt.,
A copy is forwarded to all Branch Officers/Superintendents of Finance Department
To
All the Branch Officers/Superintendents of
Finance Department.
U.O. No. 11/6/91-4FD-III/2001
Dated : 10.7.2001.
***************
93
No. 2/32/2001-3PR(FD)
From
To
Dated, Chandigarh, 16th July, 2001
Subject :
Grant of First/Second ACP- instructions regarding.
Sir,
I am directed to say that with the revision of pay scales w.e.f. 1.1.96, the State
Government has introduced Haryana Civil Service (Assured Career Progression) Rules, 1998
by virtue of which 1st or 2nd ACP scale is to be granted on completion of 10 or 20 years regular
satisfactory service, as the case may be, as provided in Rule 5 of said Rules.
Some departments have raised a question as to whether or not the period of
Extra-ordinary Leave, if any, is to be excluded while computing 10 or 20 years of regular
satisfactory service.
In this context it is clarified that Extra-ordinary Leave (other than on Medical
Certificate) neither counts for increments under Rule 4.9 (b) (ii) of CSR, Vol. - I, Part-I nor for
pension under Rule 4.7 of CSR Vol. II. Therefore, it is clarified that the Extra-ordinary Leave
taken (other than on Medical Certificate) shall not be reckoned while computing 10/20 years of
regular satisfactory service.
Yours faithfully,
Sd/Under Secretary, Finance (PR)
Endst. No. 2/32/2001-3PR(FD)
A copy is forwarded to the Accountant General, Haryana, (i) (A&E) (ii) (Audit),
All the Financial Commissioners in Haryana and
94
2.
All the Commissioners & Administrative Secretaries to Government, Haryana,
for information.
1.
2.
All the Commissioners & Administrative Secretaries to Government, Haryana, for
information.
To
U.O. No. 2/32/2001-3PR(FD)
A copy is forwarded to the Principal Secretaries to the Chief Minister, Senior
Secretaries/Secretaries/Private Secretaries to the Ministers/Ministers of State/Chief
Parliamentary Secretary/Parliamentary Secretary for the information of Chief Minister, Ministers,
Ministers of State and Chief Parliamentary Secretary, Haryana.
To
The Principal Secretaries/Private Secretaries to the
Chief Minister/Officers on Special Duty/Ministers/
Ministers of State/Chief Parliamentary Secretary/
Parliamentary Secretary for the information of Chief Minister,
Ministers of State and Chief Parliamentary Secretary, Haryana.
U.O. No. 2/32/2001-3PR(FD)
Dated, Chandigarh, the 16th July, 2001.
***************
95
HARYANA GOVERNMENT
FINANCE DEPARTMENT
Notification
The 18th July, 2001
Aims and Objects :
No. 1/19/98-4PR(FD) .─ The Government of Haryana had revised the pay scales
of its employees vide Haryana Government Gazette Notification (Extraordinary) dated
7th January, 1998 under Haryana Civil Services (Revised Pay) Rules, 1998 in exercise of
powers conferred by the proviso to Article 309 of the Constitution of India. The pay scales of
different categories of employees have been mentioned under Part –I and Part-II of the First
Schedule of the said notification. The pay scales of various categories of teaching staff on the
School side in the Education Department have been provided under Sr. No. 6 of Part-I of the
First Schedule. It has been observed that the pay scales for the posts of Head Teachers of
Primary Schools, Head Masters of the Middle Schools, Lecturers in Senior Secondary Schools
and Head Masters of High Schools do not find a mention along with other categories of
teachers. As a result, the revised pay scales of these categories of teachers. As a result the
revised pay scales of these categories were applicable as contained ill Part-Il of the First
Schedule.
The Government has, subsequently, further modified the pay scales of Head
Teachers of the Primary Schools, Lecturers in Senior Secondary Schools and Head Masters of
the High Schools vide its letters dated 7th August, 1998 and 26th September, 2000
respectively. It has been observed that the pay scales of the post of Head Master/Middle School
are
Rs. 5500-9000 at present under Part-Il of the First Schedule. The provision of this pay scale for
this post has resulted in hardship for the Head Masters of Middle Schools especially those who
had been promoted as such before 1st January, 1996 keeping in view that those promoted as
Head Masters/Middle Schools after 1st January, 1996 would be drawing their pay either in the
first ACP of Rs. 6500-9900 or in the second ACP of Rs. 6500-10500 (with reference to the
functional pay scale of the post of Masters i.e. 5500-9000) when read along with the Haryana
Civil Services (Assured Career Progression) Rules, 1998. Though protection bas been provided
under rule 10 of the ACP Rules to such Head Masters of Middle Schools who had been
promoted as such prior to 1st January, 1996, yet keeping in view the representations of the
Head Masters of Middle Schools, the recommendations of the Education Department, and the
recommendations by the High Powered Officers Committee constituted for the purpose, the
Government has decided to specifically provide for the functional pay scale of the post of Head
Musters of Middle Schools. further, the pay scale of the post of Block Education Officers
(BEOs) has been identical with that of the Head Masters/High Schools whereas a notification to
this effect has not been issued while further modifying the pay scale of the post of Head
Master/High Schools. Moreover, the higher pay scales mentioned against various posts under
Sr. No. 6 of Part-I of the First Schedule, being in the nature of ACP Scales, should have been
provided and mentioned under the HCS (ACP) Rules, 1998. This position also needs to be
corrected. It has been felt that a consolidated amended notification needs to be issued in
respect of the pay scales of various categories of teaching cadres on the School side of the
Education Department with a view to introducing clarity and to avoid any confusion in this
respect. Hence, this amendment.
96
The Amendment :
Part 'A'
1.
These rules may be called Haryana Civil Services Revised Pay (First
2.
In accordance with the provisions contained in Rule 14 read with Rule 16 of the
Haryana Civil Services (Revised Pay) Rules, 1998, the entries under Sr. No. 6 (a) to (d) of PartI of the First Schedule are and hereby substituted as under :Sr.
No.
Post
Existing
Functional Scale
Revised Functional
Pay Scale
Remarks
1
2
3
4
5
(a)
J.B.T. Teacher
1200-2040
4500-7000
w.e.f. 1.1.96
(b)
P.T.I.
1200-2040
4500-7000
w.e.f. 1.1.96
(c)
Drawing Teacher
1200-2040
4500-7000
w.e.f. 1.1.96
(d)
Head Teacher/
Primary School
1400-2600
5500-9000
w.e.f. 1.1.96
(e)
Language Teachers
1400-2600
5500-9000
w.e.f. 1.1.96
(f)
Master
1400-2600
5500-9000
w.e.f. 1.1.96
(g)
Head Master/Middle
School
1640-60-2600-EB75-2900
6500-200-8500-EB200-9900
w.e.f. 1.1.96
(h)
Lecturer/Sr. Sec.
School
2000-3500
(i) 6500-10500 (TS)
(ii) 7500-12000 (S.
Grade for 20% of the
Grade of lectures
w.e.f. 1.1.96
Introduced w.e.f.
1.8.2000
(i)
Head master of High
School/Block
Education Officer
2000-3500
6500-10500
7500-12000
w.e.f. 1.1.96 further
modified w.e.f.
1.8.2000
(j)
Principal of Sr. Sec.
School/SDEO/Dy.
DEO
2200-4000
8000-13500
w.e.f. 1.1.96
Part 'B'
1.
These rules may be called the Haryana Civil Services (Assured Career
Progression) first Amendment Rules, 2001.
2.
In accordance with the provisions contained in Rule 21 read with Rule 23 of the
Haryana Civil Services (Assured Career Progression) Rules, 1998 notified vide Notification
dated the 7th January, 1998, the Governor of Haryana further amends these rules as follows :(i)
Part-II under Schedule I from Sr. No. 1 to Sr. No. 15 will he read as "Section A".
(ii)
In the Haryana Civil Services (Assured Career Progression) Rules, 1998 notified
Vide Notification dated the 7th January, 1998, Part-II under Schedule I, after
"Section A", another Section called as "Section B: ACP Scales for School
Teaching Staff" is hereby inserted alongwith the following thereunder :
97
Sr.
No.
Functional pay Scale of the
post as on 31-12-95 on which
the Government servant was
directly recruited
Revised Functional
Pay Scale of the
post as on 1-1-96
First Assured
Career
Progression
Pay Scale
Second Assured
Career
Progression Pay
Scale
1
2
3
4
5
1.
1200-2040
4500-7000
5450-8000
5500-9000
2.
1400-2600
5500-9000
6500-9900
6500-10500
A.N. MATHUR,
Endst. No. 1/19/98-4PR(FD)
A copy is forwarded to the Accountant General, Haryana (i) A&E (ii) (Audit)
Sd/Under Secretary, Finance
Haryana, Finance Department
A copy is forwarded to the Director Secondary Education, Haryana for
A copy is forwarded to the Registrar Punjab and Haryana High Court at
2.
All the Administrative Secretaries to Government, Haryana for information
and necessary action.
98
To
1.
2.
All the Administrative Secretaries to Government Haryana.
U.O. No. 1/19/98-4PR(FD)
A copy is forwarded to the Principal Secretary/Senior Secretaries/Secretaries and
Private Secretaries to the Chief Minister/Ministers/Ministers of State and Chief Parliamentary
Secretary for the information of tile Chief Minister/Ministers/Ministers of State and the Chief
Parliamentary Secretary.
To
The Principal Secretary/Senior Secretaries/Secretaries and
Private Secretaries to the thief Minister/Ministers/Minister of State.
U.O. No. 1/19/98-4PR(FD)
***************
99
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATIONS)
Notification
The 25th July, 2001
No. 6/1(1)97-1FR-I.— In exercise of the powers conferred by clause (2) of article 309 of the
hereby makes the following rules further to amend the Punjab Civil Services Rules Volume I, in
its application to the State of Haryana, namely.
1.
These rules may be called Punjab Civil Services, Volume I, Part I (Haryana
Second Amendment) Rules, 2001.
2.
They shall come into force on the date of their publication in the Official Gazette.
2.
In the Punjab Civil Service Rules, Volume I, Part I, in rule 7.3, in sub rule (5), in Note 9
thereunder, the following paragraph shall be added at the end, namely :"However, where a Government employee is prosecuted for commission of defalcation
of public funds and fabrication of records and said prosecution culminates into
acquittal, he cannot be made entitled to reinstatement with grant of all consequential
benefits alongwith back wages etc., as a matter of course, if the conduct alleged is the
foundation for prosecution, though it may end in acquittal on appreciation of lack of
sufficient evidence. In such a case, unless the selfsame conduct was subject of charge
and on trial the acquittal was recorded on a positive finding that the accused did not
commit the offence at all or the acquittal is not on a benefit of doubt given, it would be
open to the competent authority to enquire into the misconduct and take appropriate
action thereon. Even otherwise, the competent authority may, on reinstatement after
following the principles of natural justice, pass appropriate order including treating
suspension period as non-duty and when the suspension period pending trial of such
an employee is so treated to be as non duty, he would not be entitled to the
consequential benefits i.e. not entitled to be treated as on duty from the date of
suspension till the date of the acquittal for the purpose of computation of pensionary
benefits etc."
A.N. MATHUR
***************
100
No. 15/48/99-3B&C
From
To
All the Heads of Departments in Haryana State.
Subject : Excess Over Voted Grants/Charged Appropriations.
Sir,
I am directed to invite your attention to the subject noted above and to say that
recently PAC in its 49th Report has observed with concern that cases of expenditure over the
grants/appropriations continue to occur despite the committee's observations time and again
that the expenditure should be limited to the grants/ appropriations. The Committee has also
viewed that departments are not following the appropriate procedure to avoid the excess at the
close of financial year to get the excess regularised through the supplementary demands or
reappropriating etc. despite clear instructions issued by the Finance Department.
The Finance Department views with great concern the recurrence of such
irregularities year after year. With a view to eliminate such excesses and defaults, the various
provisions in the Budget Manual, Financial Rules etc. and instructions issued by the Finance
Department from time to time on the subject are hereby reiterated for strict compliance by all
departments.
(1)
Excess Expenditure over the Sanctioned Budget Grants
Under the Constitution of India no expenditure which is likely to involve excess over
the authorised grants can be incurred in anticipation of approval of the legislature. Thus the
expenditure of in excess of the provision is a constitutional irregularity. Under para 12.3 & 12.4
of the Punjab Budget Manual, the heads of departments are squarely responsible to ensure that
the budget allotments do not exceed in any case. Para 12.5 further enunciates that this control
is to be made effective from the level of the Drawing and Disbursing Officer in every
department. While presenting bills to the treasuries the DDOs should ensure that the bill is well
within the budget allotments. Where there is reason to anticipate any excess expenditure, he
should approach the superior officers for additional funds for the purpose. Para 2.10(b) (1) & (2)
and para 17.2 of the Punjab Financial Rules Vol. l further stipulates that public money cannot be
spent without the sanction of the competent authority and without proper appropriation. The
Heads of Departments (Para 12.4 of the Manual) are also responsible for taking necessary
steps to prevent expenditure of a grant by (a) transfer from one Drawing Officer to another
under their powers of appropriation (b) by exercise of their delegated powers of reappropriating
(c) by application for extra grant under the prescribed rules as soon as the necessity for this
course becomes definitely clear. Paras 12.9 to 12.12 and the Appendices G, H & J, lay down
detailed procedural formalities to enable the Head of the Departments to maintain such control.
(2)
Rushing of purchases at the end of year
There should be regular flow of expenditure throughout the year and incurring of
expenditure in months of February and March should be avoided. This necessary as sanctions
issued in the month of March cause administrative inconvenience and are also not desirable
from a good financial management point of view. The departmental expenditure should not
101
exceed 1/6th of the budget provision in each block of two months (e.g. April and May, June and
July, August and September and so on) in case of plan schemes and 1/12th of the non plan
budget provision every month.
(3)
Reconciliation of Expenditure Accounts
The accounts of Controlling/Drawing and Disbursing Officers are required to be
reconciled monthly with the accounts of Accountant General, Haryana. The Objective of the
procedure is to ensure accuracy of departmental accounts which is necessary to make
department's financial control really effective and to prevent misclassification of expenditure and
other errors in their accounts. The provisions of chapter 12 PBM and other instructions in this
respect should, therefore, be adhered to strictly and due importance given to the matter in
future.
(4)
Unremedied or uncovered excesses and non-surrender of savings
While emphasising the necessity of accurate budgeting a proper control over
expenditure is necessary. The most objectionable aspect is the non surrender of savings or
failure to make a suitable provision for meeting an excess expenditure. These irregularities can
be easily avoided if the Controlling and Disbursing Officers keep a close and constant watch
over the progress of expenditure against the sanctioned allotments properly. The Heads of
Departments are ultimately responsible for keeping expenditure within the grant. They are
further required to see that the surrenders or excess likely to occur over the sanctioned grants
are duly indicated in the statement of Excesses and Surrenders furnished by them to the
Finance Department.
(5)
Defective Budgeting
The defective budgeting is also the major cause for lack of control over expenditure.
The term Defective budgeting is rather wide and includes all types of budgeting irregularities
which are not included in the preceding paragraphs. Among other these include :(i)
(iii)
Provision for the same item/type of expenditure under two or more budget
heads made advertently or inadvertently;
Absence of provision of the item of expenditure which could have been
anticipated;
Provision under wrong budget head;
(iv)
Treating new item as ordinary items of expenditure;
(v)
Supplementary grants obtained unnecessarily or in excess of the amount
required for repayment to the Contingency Fund i. e. for recouping the
expenditure incurred from the Contingency Fund in the previous year;
Over estimating and under estimating expenditure.
(ii)
(vi)
The irregularities mentioned in (i) to (v) above are usually due to lack of
adequate knowledge of budgeting etc. The need for exercising utmost care in
framing budget estimates is imperative with a view to avoid these
irregularities.
(6)
Inevitable Payments
Some Drawing and Disbursing Officers authorised payments on the plea that they
are inevitable and could not be avoided. Such subsequent payments also result in excess
expenditure over the grants. Para 17.17 of PFR Vol. I, of course, provides that the money
indisputably payable by the Government shall not as far as possible be left unpaid and the
payment made shall not be kept out of accounts a day longer than is absolutely necessary.
Therefore, suitable provisions for anticipated liabilities should invariably be made in the Budget
102
(i) through re-appropriation within the grant (ii) making supplementary demands and (iii) by
taking advance from the Contingency Fund. It is, therefore, not open to Drawing Officer to make
or authorised payment in excess of the amounts provided in the Appropriation Act. If certain
escapable payment for which no appropriation exists, have to be made urgently, an advance
from the Contingency Fund should be taken before the expenditure is incurred.
In view of what has been stated above and having regard to the urgent need for
control over expenditure, as envisaged by the financial rules and financial propriety, it is
requested that these instructions should be carefully studied and their aims and importance be
specifically brought to the notice of officers under your control for meticulous compliance in
letter and spirit. Government is fully committed to curb any tendency towards excess
expenditure over the grants and the cooperation of the Heads of Departments is vital in this
respect. The Controlling Officers and Drawing & Disbursing Officers would appreciate that any
failure in this matter will seriously effect the smooth flow of funds to their departments both on
Plan and Non-Plan sides.
The receipt of this letter may please be acknowledged.
Yours faithfully,
Sd/Under Secretary Finance (B)
No. 15/48/99-3B&C
Dated 30th July, 2001
A copy is forwarded to the Accountant General (A&E) & (Audit) Haryana for
2.
All the Financial Commissioners & Secretaries to Govt., Haryana.
All the Administrative Secretaries to Govt., Haryana for information and
immediate necessary action in the matter.
To
(i)
(ii)
All the Financial Commissioners to Govt., Haryana.
U.O. No. 15/48/99-3B&C
103
Endst. No. 15/48/99-3B&C
A copy is forwarded to Secy. Haryana Vidhan Sabha for information w.r.t his letter
No. PAC-63/2000/6302 dated 21st March, 2001.
A copy is forwarded to all Branch Officers/Supdts in the FD (exp. Control Branches)
for strict compliance.
To
All the Br. Officers/Supdts. in FD (exp. Control branches).
U.O. No. 15/48/99-3B&C
INTERNAL
1B
5B
6B
Case No. 15/5/2001-3B&C
nicfin/budget/instru2001
***************
104
No. 34/1(1)91-WM(3)
From
To
Dated, Chandigarh, the 1st August, 2001
Investment in Transport, HVPNL and Food & Supplies Department etc. for the
year 2001-2002
Sir,
under :2001-2002
2.
1.
Loan from NABARD for Coop. Societies
12%
2.
Loans to HVPN from world Bank (Block Loans)
12%
3.
11%
4.
12%
Yours faithfully,
Sd/(S.R. Maurya)
No. 34/1(1)/91-WM(3)
A copy is forwarded to the Accountant General (Accounts), Haryana, Chandigarh for
Sd/(S.R. Maurya)
105
No. 34/1(1)/91-WM(3)
All the Financial Commissioner & Administrative Secretaries to Government
Haryana.
A copy each is forwarded to the Principal Secretary/Special Principal Secretary/AddI.
to the Chief Minister/Ministers/State Ministers/Chief Secretary/Deputy Chairman Planning
Board, Haryana.
To
The Principal Secretary/Special Principal Secretary/
AddI. Principal Secretary/Officer on Special Duty/
Senior Secretaries/Secretaries/Private Secretaries to the
Chief Minister/Ministers/State Ministers/Chief Secretary/
Deputy Chairman Planning Board, Haryana.
No. 34/1(1)/91-WM(3)
***************
106
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 13th August, 2001
hereby makes the following rules further to amend the Punjab Financial Rules Volume I, in their
These rules may be called Punjab Financial Volume-I (Haryana First
2.
In the Punjab Financial Rules, Volume-I, in Annexure ‗A‘ referred to in rule 7.3
and Note 3 there under.
(i)
for paragraph 1, the following paragraph shall be substituted namely :1.
(ii)
In regard to the date of birth a declaration of age made at the time of,
or for the purpose of entry into Government Service, shall as against
the Government employee in question, be deemed to be conclusive
unless he applied for correction of his age as recorded within two
years from the date of his entry into Government service. No
application submitted beyond the stipulated period of two years for
change in date of birth will be entertained, wherever the application
for correction of his age is submitted by the employee within a period
of two years from the date of his entry into Government service, the
same would be considered by the Government in consultation with
the Chief Secretary to Government of Haryana.
Government
however, reserves the right to make a correction in the recorded age
of Government employee at any time against the interest of that
Government employee when it is satisfied that the age recorded in his
service book or in the history of services of a Government employee
is incorrect and has been incorrectly recorded with the object that the
Government employee may derive some unfair advantage there from
For paragraph 3, the following paragraph shall be substituted, namely :―3.
When a Government employee, within the period allowed or at a later
stage, makes an application for the correction of his date of birth as
recorded, a special inquiry should be held to ascertain his correct age
and reference should be made to all available sources of information
such as certified copies of entries in the municipal birth register,
university or, school age certificate, Janam patries or horoscopes.
Wherever the application is supported by certified copies of entries in
the Municipal Birth Register or Village Chowkidara Register or the
Police Station Records, the applicant would be required to submit the
details of birth entries of all his brothers and sisters borne of the same
parentage in order to establish that the entry really pertains to the
employee concerned and not to anyone of his senior or junior brother
or sister. This is important keeping in view that the names of children
are invariably not recorded at the time of birth in such records. It
should however, be remembered that it is entirely discretionary on the
part of the sanctioning authority to refuse or grant such applications
107
and no alternation should be allowed unless it has satisfactorily been
proved that the date of birth as originally given by the applicant was a
bona fide mistake and that he has derived no unfair advantage there
from.‖
A.N. MATHUR
No. 2/2/99-3FR-II
Dated, Chandigarh, the 13th August, 2001
A copy for information is forwarded to :All Heads of Departments, Commissioners of Divisions,
All Deputy Commissioners and Sub Divisional Officers, Civil, in Haryana.
Sd/(RAM SARAN)
***************
108
No. 2/1/2/90-3FR-II
From
To
Subject : Disbursement of Pay and Allowances for the month of August, 2001.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 1st and
2nd September, 2001 on account of Saturday and Sunday respectively, the Governor of
Financial Rules Vol. I, the pay and allowances for the months of the August, 2001 for all
Gazetted/
Non-Gazetted Haryana Govt. employees and pension for the month of August, 2001 for
Government Treasuries may be drawn and disbursed on the 31st August, 2001.
Yours faithfully,
Sd/(RAM SARAN)
No. 2/1/2/90-3FR-II
Sd/(RAM SARAN)
109
No. 2/1/2/90-3FR-II
Sd/(RAM SARAN)
Sd/(RAM SARAN)
To
U.O. No. 2/1/2/90-3FR-II
Chief Minister/Ministers/Ministers of State for the information of the Chief Minister/Ministers of
State, Haryana.
Sd/(RAM SARAN)
To
U.O. No. 2/1/2/90-3FR-II
Dated, Chandigarh, the 28th August, 2001.
***************
110
From
The Financial Commissioner & Secy. to Govt.,
To
Memo No. 6/25/99-4PR(FD)
Dated, Chandigarh, 31st August, 2001
Subject :
Instructions regarding re-fixation of pay of the employees in the
appropriate pay scale and at the appropriate stage in the pay scale following of proper procedure.
Sir,
I am directed to invite a reference to Rule 4 of the Haryana Civil Services
(Revised Pay) Rules, 1998 and Rule 12 of the Haryana Civil Services (Assured Career
Progression) Rules, 1998 which provide the revised pay scales corresponding to the pre-revised
pay scales. Further attention is also invited to Rule 7 of the Revised Pay Rules and Rules 15 of
ACP Rules which explain the procedure to be followed with reference to the employees who
either elect or are deemed to have elected to be governed by the revised pay scales on or after
the 1st day of January, 1996. For all other employees who elected to be governed by revised
scales subsequent to 1.1.96, the procedure for them is laid down in Rule 9 of the Revised Pay
Rules and Rule 17 of the ACP Rules, 1998 respectively.
2.
The Finance Department had further clarified vide its letter No. 5/20/98-3PR(FD)
dated 6.4.1998 that the employees who elected to be governed by the revised pay scales w.e.f.
a date subsequent to 1.1.96, there would be no linkage for them with Rule 7 and 15 of the
Revised Pay Rules and ACP Rules respectively for the purposes of fixation of pay. However,
the Finance Department, vide its letter No. 5/20/98-3PR(FD) dated 17.9.98, allowed the
Government employees to switch over to the revised scales of pay from the date of their next
increment falling after 1.1.96 but not later than 31.12.96 and their pay was also to be fixed in
accordance with the provisions of Rule 7 and Rule 15 of the Revised Pay Rules and ACP rules
respectively.
3.
Now, instances have come to the notice of the Finance Department that the
employees in certain Departments have been erroneously granted higher pay scales under the
Higher Standard Scale Scheme effective from 1.1.94 to 31.12.95 and thereafter ACP scales
w.e.f. 1.1.96 apart from the grant of revised pay scales w.e.f. 1.1.1996 contrary to the
instructions contained under these schemes. It is understood that, in the process, the pay of
certain employees in some Departments might have been fixed erroneously either in an
inappropriate pay scale or at an inappropriate stage or both.
4.
It has also been brought to the notice of the Finance Department that corrective
action has been taken in some cases, pay re-fixed in the appropriate pay scale and at correct
stage with a view to correcting the mistakes. However, some of the employees, adversely
111
affected as a result of the corrective action, have approached the Courts and challenged the
action taken by the Departments. The Hon‘ble Punjab & Haryana High Court has quashed the
action taken by the Department in CWP No. 185 of 1999, CWP No. 16602 of 1998 and CWP
No. 10997 of 2000 on technical grounds with the observations that the action had been taken by
the Departments without following the proper procedure e.g. issue of show cause notices and
consideration of the replies on merits thereof. However, the Departments are at liberty to take
corrective action after following the due procedure.
5.
In the given circumstances, it has been decided by the Government to direct all
the Departments to ensure that pay of the employees under their control should be fixed in the
appropriate pay scales and at the appropriate stage in accordance with the Rules and
instructions on the subject. It may be ensured that wherever the pay of the employee is
proposed to be fixed in an appropriate scale/stage which happens to be lower than the pay
scale/stage in which his pay has been fixed erroneously and resultantly it has to be fixed at the
appropriate stage, resulting in recoveries, if any, the same should be done after following the
due process of law. This would require (i) in the first instance, a show cause notice should be
issued clearly mentioning the mistake that has taken place and the action proposed to be taken
to rectify the mistake, (ii) giving reference to the rules/instructions under which such action is
proposed to be taken, and (iii) the amount proposed to be recovered by following the due
procedure i.e. issuing of show cause notices to such employees and then deciding his
representation in accordance with the instructions and rules on the subject. Following the due
process would be a must in these cases otherwise the possibility of a spate of avoidable
litigation cannot be ruled out. A sample show cause notice is appended to these instructions.
6.
You are, therefore, requested to ensure meticulous compliance of these
instructions and bring the same to the notice of all concerned officers/officials under your control
for strict compliance and further to take note that no undue benefit is granted to any of the
employees.
Yours faithfully,
Sd/(Balwant Singh)
Under Secretary, Finance (PR),
A copy is forwarded to the A copy is forwarded to the Accountant General (Audit)
and (Accounts) Haryana Chandigarh for information and necessary action.
Sd/(Balwant Singh)
Dated, Chandigarh the 31st August, 2001
All the Financial Commissioner in Haryana, and
112
2.
All the Commissioners & Administrative Secretaries to Government, Haryana for
Sd/(Balwant Singh)
To
1.
2.
All the Financial Commissioner in Haryana and
All the Commissioners & Administrative Secretaries to
Govt., Haryana for information & necessary action.
Chief Ministers/Officers on Special Duty/Minister/Ministers of State/Chief Parliamentary
Secretary/Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of
State/Chief Parliamentary Secretary and Parliamentary Secretary.
Sd/(Balwant Singh)
To
The Principal Secretary to the Chief Minister, Senior Secretaries
to Ministers, Secretaries to Ministers and Private Secretaries to
Ministers, Ministers of State and Chief Parliamentary Secretary.
No. 6/25/99-4PR(FD)
Encls.
113
Sample Draft Show Cause Notice to be served on the employees in cases where a
mistake is proposed to be rectified.
(This is only an indicative draft and should be suitably modified wherever required)
From
_________________________
_________________________
To
_________________________
_________________________
No. ________________ Dated ____________
Subject :
Show cause Notice to re-fix the pay in the appropriate scale at appropriate
stage to rectify the mistake and recovery of dues paid in excess.
You have been granted the Higher Standard Scale/Revised Pay Scale/ACP
Scale of Rs. _____________ w.e.f. ______________ and your pay was fixed at the stage of
Rs. ____________ in the said scale as on ___________. It has been found that your pay has
been fixed in an inappropriate scale and resultantly fixed at a wrong stage. Actually, your pay
should have been fixed at the stage of Rs. _______________ in the pay scale of
Rs. ____________ in accordance with the provision in the rules/instructions issued by the
Government vide its letter bearing No. ____________ dated ____________. It is obvious that a
mistake has been committed in fixing your pay at an inappropriate stage in an inappropriate
scale. Resultantly, you have been paid in excess of what was due to you. It is now proposed to
rectify the said mistake.
You might recall that you had submitted an undertaking at the time of fixation of
your pay in the revised pay scales (applicable from 1.1.96) which reads as under :"I hereby undertake that any excess payment that may be found to have been
made as a result of incorrect fixation of pay or any excess payment detected in
the light of discrepancies noticed subsequently will be refunded by me to the
Government either by adjustment against future payments due to me or
otherwise."
Though the Department is competent to recover the amount paid to you in
excess of what was due to you in terms of the above undertaking itself, yet it is proposed to
issue this notice whereby you are called upon to show-cause as to why your pay should not be
re-fixed at the stage of Rs. ____________ in the pay scale of Rs. ____________ as on
__________ and thereby re-fix your pay in the appropriate pay scale as per the dates indicated
below: Pay Scale
Stage
Date as on
The above action is proposed to be taken in accordance with the Government
instructions bearing No. _____________ dated ______________ where under your pay should
114
have been fixed at the stage of Rs. ________________________________ in the pay scale of
Rs. ______________.
It is also proposed to recover the amount paid to you in excess of what should have
been paid. The amount thus recoverable has been worked out to Rs. ____________.
You may submit your reply to this show cause notice within a period of 30 days of the
date of issue of this letter failing which it will be presumed that you have nothing to say in the
matter and the action proposed here under will be finalised without any further opportunity to
you on this account.
(Issuing Authority)
***************
115
No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.
No. 68/2/2001/FD/Pension/SAP
From
To
The Commissioners of Divisions,
Sub Divisional Officers(Civil) in Haryana State,
The Registrar, Punjab & Haryana High Court Chandigarh.
Dated, Chandigarh the 3rd September, 2001
Subject :
Adoption of procedure for expeditious finalisation of cases of pensionary
benefits in a time bound manner.
Sir,
I am directed to invite a reference on the subject noted above and to say that
some of the departments are not adhering to the instructions and procedure laid down by the
Finance Department in respect of all the activities concerning to the release of pension and
pensionary benefits.
2.
The Finance Department had issued instructions from time to time for
expeditious disposal of pension cases but inspite of these instructions some case of pensionary
benefits are not finalised before the date of retirement of retirees, due to certain discrepancies
in the service record of the retiring Government employees resultantly the payment on account
of retirement dues are delayed and the pensioners concerned are put to pecuniary
hardships/losses.
3.
I have, therefore, been directed to emphasize that in order to streamline the
existing procedure regarding expeditious finalisation of cases of pensionary benefits the
following measures be adopted :(i)
The Department should ask the retiring employees to submit his pension papers
duly filled in twenty four months before the date of his retirement.
(ii)
Action should be initiated for verification/completion of service book/record before
twenty four months of the retirement of Govt. employee.
(iii)
Steps should be taken to finalise the long standing advances/recoveries against
the retiree, two years before the date of retirement.
(iv)
It should be ensured that the steps are taken to expedite enquiries, if any,
pending against the official before the date of his retirement.
(v)
The pension case should be sent to the Accountant General Haryana for the
issue of Certificate and Report, one year before the date of retirement of the
employee concerned.
116
(vi)
In case of Gazetted Officer, a reference should be made to the Govt. for getting
clearance certificate from Vigilance Department in favour of the retiring officer
one year before the date of retirement.
(vii)
The pension case after removing the objections raised by A.G. Haryana in the
certificate & report should be resubmitted to the Accountant General Haryana 1520 days before retirement of the employee concerned alongwith the ―No Dues
Certificate‖ for the issue of Pension/Gratuity payment orders, on the date of his
retirement.
(viii)The family pension cases of the deceased employees should be settled
within 3 months positively from the date of his death.
(ix)
The Head of office shall issue a certificate of service to every employee when the
latter completes 10 years of service and becomes eligible for pension and then
after every periodic interval of 5 years. The Head of Department shall ensure
issuance of such certificates to all the employees by Head of Offices working
under him/her.
(x)
An authenticated photo copy of the entire pension cases shall be retained by the
Head of Office before forwarding the same to the Accountant General Haryana in
order to avoid the difficulties arising out of the loss of record in transit.
(xi)
The Head of Department shall ensure that the Head of Office working under
them undertake the assessment of Government dues, recoverable from the
Government employees twenty four months before the date of their retirement
and finalise the same within the specified period.
(xii)
The Government employee shall be given an opportunity of putting record his/her
view point about the recoverable dues. The Heads of Departments shall obtain a
certificate after every six months from the Heads of Offices working under them
that the assessment of dues in all cases relevant to that period has been
finalised.
(xiii)
(a)
Every department/office should appoint a ―Nodal Officer‖ for pension to
regularly follow up pension cases. He should convene monthly meeting to
review all the pending cases in his office.
(b)
The Head of Departments concerned should also review the position of
pending cases of his department on monthly basis.
(c)
The Administrative Secretaries concerned should review the pension
cases of their departments on quarterly basis.
A representative of Accountant General, Haryana may also be called for in the
meeting to be convened at the level of Head of Department and at the level of Administrative
Secretary. The departments should furnish the information of the outcome of these meetings to
the Pension Branch in Finance Department in the enclosed prescribed proforma to enable the
holding of meeting at the level of Joint/Special Secretary Finance (Pension).
4.
It may be ensured that the retiring employees of Haryana Government are given
PPO/GPO on the date of their retirement.
5.
You are, therefore, requested that the above instructions may please be got
noted and brought to the notice of all the Officers/officials dealing with the pension cases under
your control for strict compliance.
117
6.
These instructions are issued in super session of F.D.‘s earlier instructions No.
68/2/93/FD/Pension/SAP, dated 14-10-93, No. 68/2/97/FD Pension/SAP, dated 11-4-97, even
No. dated 30-12-97, 14-5-99 and dated 19-12-2000.
Yours faithfully,
Sd/Under Secretary Finance (Pension)
A copy is forwarded to the Accountant General (Audit) and (Accounts) Haryana
Chandigarh for information and necessary action.
A copy for information and necessary action is forwarded to :1.
2.
All the Financial Commissioner in Haryana and
All the Commissioners & Secretaries to Govt. Haryana.
***************
118
No. 1/3(42)99-2FR-II
From
To
Dated, Chandigarh, the 13th September, 2001
Subject :
Clarification regarding grant of Dearness Relief on Family Pension and
extra ordinary family pension.
Sir,
I am directed to invite a reference to this department circular letter No. 1/3(42)992FR-II, dated 31.1.2001 on the subject noted above and to clarify that the decision contained in
the letter referred to above will be applicable from the date of its issue i.e. 31.1.2001.
Yours faithfully,
Sd/(RAM SARAN)
Deputy Secretary Finance (B)
No. 1/3(42)99-2FR-II
Dated, Chandigarh, the 13th Sept., 2001
2.
Accountant General (A&E) Haryana, Chandigarh.
Sd/(RAM SARAN)
Sd/(RAM SARAN)
119
To
1.
2.
All the Financial Commissioners Haryana.
All Administrative Secretary to Govt., Haryana.
U.O. No. 1/3(42)99-2FR-II
Additional Principal Secretaries-I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries to
Chief Ministers/Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.
Sd/(RAM SARAN)
To
The Principal Secretaries/Private Secretaries to the Chief Minister/
Officers on Special Duty/Ministers/Ministers of State/Chief Parliamentary
Secretary/Parliamentary Secretary.
U.O. No. 1/3(42)99-2FR-II
Dated, Chandigarh, the 13th Sept., 2001.
**************
120
MOST IMMEDIATE
No. 28/26/99-6B&C
From
To
(Except shown in the list)
Registrar, Punjab and Haryana High Court, Chandigarh.
All Commissioners of Divisions and Deputy Commissioners
(Except in the list).
Subject : Reg. allotment of unique Code Nos. to State Govt. Employees.
Sir,
I am directed to invite you attention to the Finance Department letter No. 28/26/986B&C, dated 17-5-2000 and subsequent reminders of even No. dated 12th July, 2000,
7th August, 2000, 15th June, 2001 and 8th August, 2001 on the subject noted above and to say
that information regarding Allotment of Unique Code Nos. to the employees pertaining to your
department is still awaited.
It is, therefore, again requested that the required unique codes nos. pertaining to
your departments employees be allotted at the earliest but not later than 20-9-2001 under
intimation to Accountant General, (A&E), Haryana and also Finance Department (in Budget &
Committee Branch).
Yours faithfully,
A copy is forwarded to all Financial Secretaries and Administrative Secretaries to
They are requested that the departments under their control may be directed to allot
the proposed unique codes to all employees by 20th of Sept., 2001.
To
All the Financial Commissioners and Administrative
U.O. No. 28/26/2000-6B&C
Dated 14-9-2001
121
No. 28/26/2000-6B&C
Dated 14-9-2001
A copy is forwarded to Accountant General (A&E) Haryana, Chandigarh, for
information.
INFORMATION RECEIVED FROM THE DEPARTMENTS REG. UNIQUE CODE NOS.
Name of Department
Sr. No.
1.
Dairy Development
2.
Comm. Ambala Division
3.
Vigilance Bureau
4.
L.R.
5.
AGOT
6.
Vidhan Sabha
7.
Sports
8.
Commissioner, Rohtak Division
9.
Tourism
10.
Prosecution
11.
Civil Aviation
12.
Institutional Finance & Credit Control
13.
Local Audit
14.
Local Bodies
15.
Supplies & Disposals
16.
Animal Husbandry
17.
Commissioner Gurgaon Division
18.
Environment
19.
Archaeology
20.
Archives
21.
Mines & Geology
22.
H.P.S.C.
23.
Consolidation
24.
ESA
25.
Advocate General, Haryana
26.
Fisheries
27.
Lotteries
28.
Land Record
29.
Non Conventional Energy Source
30.
D.C. Faridabad
31.
Wild Life
32.
Urban Estate
33.
Architecture
122
Name of Department
Sr. No.
34.
D.C. Kurukshetra
35.
Jails.
36.
Session Judge, Sirsa
37.
Science & Technology
38.
D.C. Kaithal
39.
Welfare of SC & BC
40.
Session Judge, Jind
41.
Employment
42.
D.C. Jind
43.
Chief Electrical Inspect.
***************
123
No. 20/1/2000-6B&C
From
To
Subject : Reconciliation of departmental figures of exp. & receipts with these of
A.O. Haryana for the year 2001-02.
Sir,
I am directed to invite your attention to the Finance Department letter No. 20/1/945B&C, dated 22.11.05 on the subject noted above vide which detailed instruction have been
issued for timely completion of reconciliation of figures pertaining to various departments.
Accountant General, Haryana has now intimate that in respect of 95 Major Heads, the
reconciliation work has not yet been started by the department whereas in respect of 36 Major
Heads, this work is in arrear for the 1 to 2 months.
2.
As you are aware that the reconciliation work is of great importance and it should be
completed regularly. It is requested that the departments who have not started the said work as
yet, should initiate immediately and update entire pending reconciliation work at the earliest. It is
also advised that this work must be completed timely in future also and a monthly progress
report to this effect may be sent to Finance Department (in B&C Br.) regularly.
Sd/Supdt. Budget & Committee,
No. 20/1/2000-6B&C
Dated 24.9.2001
A copy is forwarded to Dy. Accountant (AE), Haryana w.r.t his D.O. letter
No. TM(c)/Recon/2001-02/758-61, dated 14-9-2001 for information only.
Sd/Supdt. Budget & Committee,
***************
124
No. 36/7/2K-4WM
From
To
Subject : Grant of Car/Motor cycle Advance to State Govt. employees on deputation.
Sir,
In continuance of F.D. letter No. 16/1/96-WM(4) dated the 16th April, 1996, on the
subject noted above, I am directed to say that on occasions some officers on deputation with
Govt. of India or U.T. Administration obtain loan from Govt. of India/ Chandigarh Administration
and subsequently request the State Govt. for grant of loan to repay the loan obtained from Govt.
of India/Chandigarh Administration. After careful consideration, it has been decided that any
officer of Haryana cadre will have the option to avail loans either from the Central/U.T. Govt. or
from the Haryana Govt. Accordingly, loans will be granted to them. Henceforth no officer will be
sanctioned any advance from the State Govt. if he/she has exercised the option to draw a
particular loan from Govt. of India/Chandigarh Administration i.e. no advance will be granted by
the State Govt. for vacating loan taken from Govt. of India/Chandigarh Administration.
These instruction may be brought to the notice of all concerned officers.
Yours faithfully,
Sd/(P.K. Das)
Joint Secretary Finance (B),
No. 36/7/2K-WM(4)
Dated, Chandigarh, the 26.9.2001.
A copy is forwarded to the Accountant General (A&E) and Audit, Haryana,
Sd/(P.K. Das)
125
A copies is forwarded to :1.
2.
All the Administrative Secretaries to Govt., Haryana for Information and
necessary action.
Sd/(P.K. Das)
To
1.
2.
U.O. No. 36/7/2K-WM(4)
***************
126
These instructions alongwith notification were superseded
vide No. 8/17/98-2PR(FD) dated 7th May, 2003.
No. 8/17/98-2PR(FD)
From
To
The L.R. and Secretary to Government of Haryana, Law Department,
All District & Sessions Judges,
Subject : Revision of pay scales of Judicial Officers in Haryana.
Sir,
I am directed to refer to Haryana Government notification No. GSR3/Cont./Art./309/
98, dated 7th January, 1998 vide which the pay scales of State Government employees were
revised w.e.f. 1.1.1996. Now, the Haryana Government has decided to revise the pay scales of
the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service as
contained in the enclosed notification bearing No. GSR20/Const./Art. 309/2001 dated
28th September, 2001. A copy each of the documents indicated below is forwarded herewith :(i)
Haryana Government, Finance Department, Notification No. GSR20/Const./Art.
309/2001 dated 28th September, 2001.
(ii)
Statement of fixation of pay (Annexure A)
(iii)
Specimens of Undertakings (Annexure ‗B‘ and Annexure ‗C‘).
2.
In order to implement the Haryana Civil Service (Judicial Branch) and the Haryana
Superior Judicial Service Revised Pay Rules, 2001, the members of these services are required
to exercise their option for drawal of their pay in the revise scales of pay in the formats
prescribed in Second Schedule (Part I & II) given in the said rules.
3.
The sequence of action to be taken on receipt of the options will be as follows.(i)
On fixation of pay in the entitled revised scales of pay applicable, pay and
applicable allowances thereon for the month of September, 2001, payable in
the month of October, 2001, may be drawn and paid on the basis of revised
scales of pay after deduction of enhanced subscription to the General
Provident Fund with reference to the revised pay, as applicable to the
concerned Judicial Officer.
(ii)
Bills may be prepared and drawn separately in respect of the arrears of pay
and allowances, if any, for the period from 1st January, 1996 to 31st Dec.,
1997 and from 1st January, 1998 to 31st August, 2001. Arrears for the period
for 1.1.1996 to 31.12.97, if any, so drawn should be deposited in the respective
General Provident Fund Accounts of the concerned Judicial Officers and
arrears for the period for 1.1.98 to 31.8.2001 should be paid in cash Arrears, so
worked out, should be paid to the Judicial Officers by 31st December, 2001.
With reference to the Judicial Officers who have either retired or are due to
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retire from Government service within the period from 1.1.1996 to 31.12.2001,
the arrears should be paid in cash and shall not be deposited in the respective
General Provident Fund Accounts.
(iii)
Similar sequential action, as indicated above, may be taken for authorization of
revised pay and allowances with respect to those officers whose options might
be received later.
4.
The claims of arrears shall be drawn only after the fixation of pay in the revised scale
of pay has been pre-checked and a certification to that effect is endorsed by the concerned
Drawing & Disbursing Officer authenticating the correctness of fixation of pay and calculation of
arrears.
5.
In order to ensure correct and systematic fixation of pay in the revised scale of pay, a
proforma for the purpose (statement of fixation of pay) is enclosed. The statement should be
prepared in triplicate and one copy thereof should be pasted in the Service Book of the Judicial
Officer concerned and another copy be made available to the concerned accounting authorities
(Chief Accounts Officers/Accounts Officers etc. in the Department/office) for post-check.
Further while computing and authorizing the pay in the revised scales with effect from 1.1.1996,
the relevant instalment of Interim Relief paid subsequent to the 1st January, 1996 will be
adjusted. The instalments of dearness allowance paid from time to time between 1st July, 1996
and 31st August, 2001 shall also be adjusted while computing and authorizing the arrears.
6.
It is not unlikely that the arrears due in some cases may be computed incorrectly
leading to excess payments that might have to be recovered subsequently even after this
exercise. The Drawing & Disbursing Officers. while drawing arrears, should, therefore, make it
clear to the employees under their administrative control that the payments are being made
subject to adjustment from amounts that may be due to them subsequently in the event of any
discrepancies coming to notice or detected at a later stage. For the purpose, an undertaking
(specimen enclosed as Annexure ‗B‘) may be obtained in writing from every employee at the
time of drawal of arrears/pay and allowances.
7.
The fixation of pay and calculation of arrears shall also be subject to rectification and
adjustments in those cases where a particular pre-revised scale has been granted to the
Judicial Officer on the strength of some interim orders of a Court after the case has been
decided finally and suitable appropriate decision has been taken by the Government on such
final decision of the Court of Law. A specimen form of undertaking to be obtained in this
respect is also enclosed as Annexure ‗C‘.
8.
In authorising the drawl of arrears, Income Tax as due, shall be deducted and
credited to the appropriate Head of Account in accordance with the instructions on the subject
under the Income Tax Act.
Yours faithfully,
Sd/Under Secretary Finance (PR)
A copy is forwarded to the Accountant General, Haryana (i) A&E (ii) (Audit),
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A copy is forwarded to the Home Secretary/Finance Secretary, Chandigarh
Administration, Chandigarh for information and necessary action.
A copy is forwarded for information & necessary action to :1.
2.
The Director, Treasuries & Accounts, Haryana.
All Treasury Officers/Asstt. Treasury Officers in Haryana.
A copy is forwarded to the Chief Secretary to Government of Haryana with reference
to their U.O. No. 28/21/90-3GSI, dated 5/9/2001.
2. He is requested to kindly take further necessary action in the matter.
To
The Chief Secretary to Government, Haryana,
(In GS-I Branch)
U.O. No. 8/17/98-2PR(FD)
Encls.
Dated, Chandigarh, the 28th September, 2001.
129
ANNEUXRE - A
Statement of fixation of pay under Haryana Civil Services (Judicial Branch) and Haryana
Superior Judicial Service Revised Pay Rules, 2001
1.
Name of the Judicial Officer
:
2.
Designation of the post held as on 31.12.1995
:
3.
Status (Substantive/Officiating).
:
4.
Pre-revised Scale(s) of pay applicable for the post.
:
5.
Existing emoluments as on 1st January, 1996
:
(i) Basic pay (including stagnation increments, if any)
:
(ii) Dearness Allowance applicable at AICPI average 1510 (1960=100)
(iii) Interim Relief (1st instalment)
(iv) Interim Relief (2nd instalment)
(v) Total Existing Emoluments [(i) to (iv)]
6.
Fitment weight age (40% of Basic Pay)
:
7.
Total (Sr. No. 5 (v) & 6)
:
8.
Applicable Revised scale of pay corresponding to the pre-revised :
scale shown at Sr.No. 4 above
9.
(i) Stage in the revised scale of pay at which pay is to be fixed :
excluding the benefit of bunching as envisaged in the 2nd Proviso
of Rule 7
(ii) Number of increments due on account of bunching (2nd Proviso of :
Rule 7.
(iii) Stage in the revised scale of pay at which pay is to be fixed
including the benefit on account of bunching
:
(iv) Stage in the revised scale of pay at which pay is to be fixed so as :
to ensure at least one increment in the revised scale for every 3
increments in the pre-revised scale (3rd proviso of Rule 7)
10.
Pay fixed in the applicable revised scale of pay (stage of pay at Sr.
No. 9(iii) or 9(iv), whichever is higher)
11.
Stepped up pay with reference to the revised pay of Junior, if :
applicable, and also the name, pay and pay scale of the junior also
to be indicated distinctly and the rule under which the stepping up
is permissible.
12.
Revised pay with reference to the Substantive Pay in cases where
the pay fixed in the officiating post is lower than the pay fixed in the
substantive post, if applicable.
:
13.
Personal pay, if any (Note 4 below Rule 7)
:
:
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14.
15.
Revised emoluments after fixation
:
(i) Pay in the revised scale
(ii) Special Pay, if admissible to the post
(iii) Personal Pay, if admissible (Note 4 below Rule 7)
15.
Date of next increment and pay after grant of increment:-
:
:
(a) Date of increment
(b) Pay after increment
16.
Any other relevant information
:
Signature and Designation of Head of Office
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ANNEXURE - B
UNDERTAKING
I hereby undertake that any excess payment that may be found to have been made
as a result of incorrect fixation of pay or any excess payment detected in the light of
discrepancies noticed subsequently will be refunded by me to the Government either by
adjustment against future payments due to me or otherwise.
Signature: ____________________
Name: _______________________
Designation: __________________
Dated:
Place:
ANNEXURE - C
UNDERTAKING
I hereby undertake that as a result of any rectification or adjustment in the pay scale
granted to me on the strength of any interim order by any Court of Law or on the basis of any
interim order by any Court of Law, any excess amount which may be found to have been made
as a result of relevant appropriate decision taken by the Government on the final decision of the
Court of Law, will be refunded by me to the Government either by adjustment against future
payments due to me or otherwise. I further undertake to abide by such relevant appropriate
decision of the Government taken on the final decision of such Court of Law, as the case may
be.
Signature: ____________________
Name: _______________________
Designation: __________________
Dated:
Station:
****************
132
This notification was superseded vide Not.
Dated 7th May, 2003.
HARYANA GOVERNMENT
FINANCE DEPARTMENT
Notification
The 28th September, 2001
No. GSR20/Const./Art.309/2001.— In exercise of the powers conferred by the
proviso to Article 309 of the Constitution of India and all other powers enabling him in this
behalf, the Governor of Haryana hereby makes the following rules regulating the grant of
revised pay to the persons appointed to the Haryana Civil Service (Judicial Branch) and the
Haryana Superior Judicial Service, namely :Short title and commencement.—
1.
(1)
These rules may be called the Haryana Civil Service (Judicial Branch) and the
Haryana Superior Judicial Service Revised Pay Rules, 2001.
(2)
They shall be deemed to have come into force on the 1st day of January, 1996,
unless otherwise provided by the Government for any class or category of
persons or posts.
Application of rules.—
2.
(1)
Save as otherwise provided by or under these rules, these rules shall apply to
members of the Haryana Civil Service (Judicial Branch) and the Haryana
Superior Judicial Service whose pay is debitable to the Consolidated Fund of
the State of Haryana.
(2)
These rules shall not apply to :(a) persons not in whole time employment;
(b) persons employed on contract;
(c) any other class or category of persons whom the Government may, by
order, specifically exclude from the operation of all or any of the
provisions contained in these rules.
Definitions.—
3.
In these rules, unless the context otherwise requires–
(a)
―basic pay‖ means pay drawn in the prescribed scale of pay as on 31.12.1995
for the post held by the person(s) as functional scale of pay for such post
including stagnation increments but not including any other type of pay like,
―special pay‖, ―personal pay‖ etc.;
(b)
―CSR‖ means the Punjab Civil Services Rules as amended from time to time
and as applicable to the State of Haryana;
(c)
―existing scale‖ in relation to any post or any member of the Judicial Service
means the functional pay scale as on 31st December, 1995, prescribed for the
post or the post held by the member of the Service, as the case may be;
Explanation.— In the case of a Judicial Officer who was on the 1st day of January,
1996, on deputation in Centre/any State or on leave or on foreign service or
who would have on that day officiated on one or more lower post but for his
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officiating in a higher post, ―existing scale‖ means the functional scale
applicable to the post which he would have held but for his being on deputation
or on leave or on foreign service, as the case may be, but for his officiating in a
higher post, as on 31st December, 1995;
(d)
―functional pay scale‖ in relation to a member of the Service means the pay
scale which is prescribed for the post held by him. It does not mean any other
pay scale in which he is drawing his pay as a personal measure to him with any
other justification e.g. on higher/additional qualifications or on upgradation of
pay scale due to any other reason;
(e)
―Government‖ means the Government of Haryana in the Administrative
Department save as otherwise provided by or under these rules;
(f)
―Judicial Officer‖ means a member of the Judicial Services to whom these
rules apply under rule 2 of these rules;
(g)
―leave‖ means any sanctioned leave as defined in CSR, except ―casual leave‖.
Any absence from duty without sanction of competent authority shall not be
considered as leave;
(h)
―memorandum explanatory‖ means the memorandum explanatory appended
to these rules, briefly explaining the nature, philosophy, justification, objectives,
applicability etc. of these rules;
(i)
―officiating post‖ means the post which is held by the Judicial Officer to which
he has not been confirmed or to which he has been appointed as a temporary
measure while still retaining his lien on a different post or on which he performs
the duties while another person holds a lien to such post. The Judicial Officer
occupying a post while still on probation is also to be considered to be holding
an officiating post. Further, if competent authority has appointed a Judicial
Officer to officiate on a vacant post on which no other Judicial Officer holds a
lien, even such appointment shall be an appointment against an officiating
post;
(i)
―pay‖ means the basic pay drawn monthly by a Judicial Officer, other than
special pay or pay granted in lieu of his personal qualifications or his length of
service, in the functional pay scale, which has been sanctioned for a post held
by him substantively or in an officiating capacity or in case where no separate
functional pay scale is sanctioned for the post held by the Judicial Officers
constituting a cadre, in the pay scale to which he is entitled by reason of his
position in a cadre;
(k)
―revised pay‖ means basic pay of a Judicial Officer in the revised pay scale
prescribed for the post held by the Judicial Officer;
(I)
―revised scale‖ in relation to any post or any Judicial Officer occupying such
post means revised functional scale of pay prescribed for such post in place of
the existing functional pay scale under these rules;
(m)
―Schedule‖ means the Schedules appended to these rules;
(n)
―substantive pay‖ means pay drawn by the Judicial Officer on the post to
which he has been appointed substantively or by reason of his substantive
position in a cadre.
Revised scales of pay.—
4.
The revised scales of pay of the members of the Service specified in column 2 of the
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First Schedule appended to these rules shall be as specified against the same in column 4 of
the above said part of the Schedule.
Drawal of pay in revised scale.—
5.
Save as otherwise provided in these rules, a Judicial Officer shall have the option to
either continue to draw his pay in the existing scale of pay or the revised scale of pay. The
option once exercised shall be final:
Provided that wherever a Judicial Officer elects to opt for the revised scales of pay,
he may either opt for the revised scale of pay with effect from 1st of January, 1996,
or elect to continue to draw pay in the existing scale until the date on which he earns
his next increment in the existing scale between 1st of January, 1996 and
31st December, or until he vacates his post or ceases to draw pay in at scale,
whichever is earlier.
Explanation 1.— Aforesaid option shall not be admissible to any person appointed to a post on
or after the 1st day of January, 1996, for the first time in the service. He shall draw
his pay only in the revised scale with effect from the date he joins service.
Explanation 2.— Where a Judicial Officer exercises option under the proviso to this rule to
retain the existing scale in respect of a post held by him in an officiating capacity on
a regular basis for the purpose of regulation of pay in that scale under the CSR or
any other rule or order applicable to that post, his substantive pay shall be the
substantive pay which he would have drawn had he retained the existing scale in
respect of the permanent post on which he holds a lien or would have held a lien had
his lien not been suspended or the pay of the officiating post which has acquired the
character of substantive pay in accordance with any order for the time being in force,
whichever is higher.
Exercise of option.—
6.
(1)
The option under rule 5 shall be exercised in writing in the form appended to
the Second Schedule (Part I) so as to reach the authority mentioned in sub-rule
(2) hereunder within three months of the date of publication of these rules:
Provided that in the case of a Judicial Officer who is on leave or on deputation
or on foreign service on the date of publication of these rules, the said option
shall be exercised in writing so as to reach the said authority within three
months of the date of his taking charge of his post in the cadre or at the expiry
of the sanctioned leave, whichever is earlier:
Provided further that where a Judicial Officer is under suspension on the day of
publication of this notification, the option may be exercised within three months
of the date of his return to his duty if that date is later than the date prescribed
in this sub-rule.
Note:—
(2)
The option shall be intimated by the Judicial Officer to the Head of
his Office.
(3)
If the intimation regarding option is not received within the time mentioned in
sub-rule (1), the Judicial Officer shall be deemed to have elected to be
governed by the revised scales of pay on and from the 1st day of January,
1996.
(4)
The option once exercised shall be final.
Persons whose services were terminated on or after the 1st January, 1996 and who
could not exercise the option within the prescribed time limit, on account of death,
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discharge on the expiry of the sanctioned post, resignation, dismissal or removal on
account of disciplinary proceedings, are entitled to the benefit of this rule:
Provided that with respect to the persons whose services stood terminated on
account of death, the option shall be exercised by his legal heir who is entitled to the receipt of
payment of arrears.
Fixation of initial pay in the revised scale.—
7.
(1)
The initial pay of a Judicial Officer who elects for the revised pay
scale under proviso to rule 5 or is deemed to have elected in favour of the
revised pay scale under sub-rule (3) of rule 6, shall, unless in any case the
Government by special order otherwise directs, be fixed from 1st of January,
1996, or from the date of option, separately in respect of his substantive pay in
the permanent post on which he holds a lien or would have held a lien if it had
not been suspended, and in respect of his pay in officiating post held by him, in
the following manner, namely:—
(i) an amount representing 40 percent of the basic pay in the existing scale
shall be added to the ―existing emoluments‖ of the Judicial Officer;
(ii) after the existing emoluments have been so increased, the pay shall,
thereafter, be fixed in the revised scale at the stage equal to such
computed amount in this sub-rule and in case, there is no such stage in
the revised scale equal to such computed amount in this sub-rule, at the
stage next above the amount thus computed in the revised scale:
Provided that—
(a)
if the minimum of the revised scale is more than the amount so computed
under sub-rule (1) above, the pay shall be fixed at the minimum of the revised
scale;
(b)
if the amount so computed under sub-rule (1) above is more than the maximum
of the revised scale, the pay shall be fixed at the maximum of that scale:
Provided further that where, in the fixation of pay, the pay of Judicial Officers
drawing pay at more than four consecutive stages in an existing scale gets
bunched, that is to say, gets fixed in the revised scale at the same stage, the
pay in the revised scale of such of these Judicial Officers who are drawing pay
beyond the first four consecutive stages in the existing scale shall be stepped
up to the stage where such bunching occurs, as under, by the grant of
increments) in the revised scale in the following manner, namely:(i) for Judicial Officers drawing pay from the 5th upto the 8th stage in the
existing scale by one increment;
(ii) for Judicial Officers drawing pay from the 9th upto the 12th stage in
the existing scale, if there is bunching beyond the 8th stage by two
increments;
(iii) for Judicial Officers drawing pay from the 13th upto the 16th stage in the
existing scale, if there is bunching beyond the 12th stage by three
increments:
Provided further that the fixation thus made shall ensure that every officer
will get at least one increment in the revised functional scale of pay for
every three increments (inclusive of stagnation increment(s), if any, in the
existing scale of pay.
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Explanation.— For the purpose of this clause ―existing emoluments‖ shall include,
(a) the basic pay in the existing scale;
(b) dearness allowance appropriate to the basic pay admissible at index
average 1510 (1960=100); and
(c) the amounts of first and second instalment of interim relief admissible on
the basic pay in the existing. scale.
Note 1.— Where the increment of a Judicial Officer falls on 1st day of January, 1996, he shall
have the option to draw the increment in the existing scale or the revised scale as
per Part II of the Second Schedule appended to these rules.
Note 2.— Where a Judicial Officer is on leave on the 1st day of January, 1996, he shall
become entitled to pay in the revised scale of pay from the date he joins duty.
Note 3.— In case of a Judicial Officer under suspension, he shall continue to draw subsistence
allowance based on existing scale of pay and his pay in the Revised scale of pay will
be subject to final order on the pending disciplinary proceedings or otherwise a final
order, as the case may be.
Note 4.— Where the existing emoluments as calculated in accordance with the principles given
above exceed the maximum of the revised pay scale in the case of any Judicial
Officer, the difference shall be allowed as personal pay to be absorbed in future
increases in pay.
Note 5.— Three pay scales have been provided for the members of the Haryana Superior
Judicial Service under these rules as against two existing pay scales in the prerevised pay scale structure for this service. The pay scales in the existing pay scale
structure were known as ‗Time Scale‘ (Rs. 3200-5600) and ‗Selection Grade‘
(Rs. 5900-6700 for 20% of the posts in cadre). The revised scales now provided are
titled as Time Scale (Rs. 12000-400-18800), a newly introduced ―Senior Scale‖
(Rs. 16400-20000 for 30% of the posts in the cadre) and the ―Selection Grade‖
(Rs. 18400-22400 for 20% of the posts in the cadre). With the introduction of one
more pay scale in the revised pay scale structure, there will be a situation wherein
certain members of the Service shall be eligible to be placed in the second scale
now titled the Senior Scale on account of falling within 30% of the posts in the cadre
as on 1.1.1996 itself. Similarly, 20% of the posts will be eligible to be placed in the
revised Selection Grade. The pay of the officers in the revised pay scales will be
fixed as under:(i) The pay of all such members of the Service, who were drawing their pay in the
existing time scale of Rs. 3200-5600 as on 1.1.1996, shall be initially fixed in
the corresponding revised Time Scale of Rs. 12000-400-18800 under these
rules. The officers who would qualify to be placed in the ―Senior Scale‖
prescribed for 30% of the posts in the cadre as on 1.1.1996 itself or thereafter,
their pay will be fixed from the revised Time Scale to the newly introduced
Senior Scale under the normal CSR provisions after formal orders for grant of
the Senior Scale are issued by the competent authority.
(ii) Members of the Service to the extent of 20% posts in the cadre were drawing
their pay in the existing Selection Grade of Rs. 5900- 6700 as on 1.1.1996.
Their pay shall be fixed directly in the corresponding revised Selection Grade of
Rs. 18400-500-22400 under these rules.
Note 6.— Where in the fixation of pay under sub-rule (1), pay of a Judicial Officer, who, in the
existing scale was drawing immediately before the 1st day of January, 1996, more
pay than another Judicial Officer junior to him in the same cadre, gets fixed in the
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revised scale at a stage lower than that of such junior, his pay shall be stepped up to
the same stage and from the same date in the revised scale as that of the junior:
Provided that if the pay of a senior Judicial Officer in the-revised scale gets fixed at a
stage lower than that of his junior because of the junior drawing his pay in a pay
scale as a personal measure to him and not on the strength of the prescribed
functional pay for the post held by him, the benefit of up gradation or stepping up to
the senior under these rules will not be admissible.
Note 7.— In cases where a senior Judicial Officer promoted to a higher post/scale before the
1st day of January, 1996, draws lesser pay in the revised scale than his junior who is
promoted to the higher post/scale on or after the 1st day of January, 1996, the pay of
the senior Judicial Officer should be stepped up to an amount equal to the pay as
fixed for his junior in that higher post/scale. The stepping up should be done with
effect from the date of promotion of the junior Judicial Officer subject to the fulfilment
of the following conditions, namely:—
(a) both the junior and the senior officers should belong to the same cadre and the
posts in which they have been promoted should be same and in the same
cadre;
(b) the pre-revised and revised scale of pay of the lower and higher posts in which
they are entitled to draw pay should be same;
(c) the senior officer, at the time of promotion, has been drawing equal or more
pay than the junior;
(d) the anomaly should be directly as a result of the application of the provisions of
CSR or any other rule or order regulating pay fixation on such promotion in the
revised scale. If even in the lower post, the junior officer was drawing more pay
in the pre-revised scale than the senior by virtue of any advance increments
granted to him, provision of this note need not be invoked to step up the pay of
the senior officer.
The order relating to refixation of the pay of the senior officer in accordance with the
above provisions should be issued under the relevant provisions of CSR and the senior officer
will be entitled to the next increment on completion of his required qualifying service with effect
from the date of re fixation of pay:
Provided that the benefit of stepping up to the senior officer under this note will not
be applicable if the pay of senior officer is being fixed at a lower stage as a consequence of the
junior officer drawing his salary in the pay scale other than the functional pay scale prescribed
for the post held by the junior or the junior officer is drawing pay in the identical pay scale as a
measure personal to him.
(2) Subject to the provisions of rule 5, if the pay as fixed in the officiating
post under sub-rule (1) is lower than the pay fixed in the substantive post, the former shall be
fixed at the stage next above the substantive pay.
Date of next increment in the revised scale.—
8.
The next increment of a Judicial Officer whose pay has been fixed in the revised
scale in accordance with sub-rule (1) of rule 7 shall be granted on the date he would have
drawn his increment, had he continued in the existing scale:
Provided that in cases where the pay of a Judicial Officer is stepped up in terms
of Note 6 or Note 7 to sub-rule (1) and also second proviso to sub-rule (1) of rule
138
7, the next increment shall be granted on the completion of qualifying service of
12 months from the date of stepping up of the pay in the revised scale:
Provided further that in cases other than those covered by the preceding proviso,
the next increment of a Judicial Officer, whose pay is fixed on the 1st day of
January, 1996, at the same stage as the one fixed for another officer junior to
him in the same cadre and drawing pay at a lower stage than his senior in the
existing scale, shall be granted on the same date as admissible to his junior, if
the date of increment of junior happens to be earlier:
Provided further that in the case of a Judicial Officer, who had been drawing
maximum of the existing scale for more than a year as on the 1st day of January,
1996, next increment in the revised scale shall be allowed to him on the 1st day
of January, 1996
Fixation of pay in the revised scale subsequent to 31st day of December, 1996.—
9.
Where a member of the Service continues to draw his pay in the existing scale and
is brought over to the revised scale from a date later than 31st day of December, 1996, his pay
in the revised scale shall be fixed under the Punjab CSR Volume I, Part I (as applicable to the
state of Haryana) and for this purpose his pay in the existing scale shall have the same
meaning as of ―existing emoluments‖ calculated in accordance with sub-rule (1) of rule 7 except
that the basic pay to be taken into account for calculation of those emoluments will be the basic
pay on the later date aforesaid. The fitment benefit at the rate of 40% of the basic pay in the
existing scale will not get added while computing the existing emoluments m these cases.
Fixation of pay on re-appointment after the 1st day of January, 1996 to a post held prior
to that date.—
10.
A member of the Service who had officiated in a post prior to the 1st day of January,
1996 but was not holding that post on that date and who, on subsequent appointment to that
post, draws pay in the revised scale of pay, shall be allowed the benefit of relevant provisions, if
any, of the Civil Services Rules, to the extent it would have been admissible had he been
holding that post on the first day of January, 1996 and had elected the revised scale of pay on
and from that date.
Payment of arrears.—
11.
The arrears from 1st January, 1996 till 31st December, 1997, if any, shall be
deposited to the corresponding General Provident Fund account of the Judicial Officer with the
restriction that the arrear having been deposited on this account will not be allowed to be
withdrawn by the Judicial Officer for one year from the date it is so deposited under these rules.
The arrears from 1.1.1998 till 31.8.2001, if any, will be paid in cash to the officer concerned.
Explanation.— For the purposes of this rule ―arrears of pay‖ in relation to a Judicial Officer
means the difference as a consequence to applicability of these rules between:(i) the aggregate of pay and allowances to which he is entitled on account of the
revision of his pay and allowances under these rules, for the relevant period;
and
(ii) the aggregate of the pay and allowances already drawn by him for that period.
Overriding effect of rules.—
12.
The provisions of CSR or any other rules made in this regard shall not, save as
otherwise provided in these rules, apply to cases where pay is regulated under these rules to
the extent the same are inconsistent with these rules.
139
Power to relax.—
13.
Where the Government is satisfied that the operation of all or any of the provisions of
these rules causes undue hardship in any particular case, it may. by order, dispense with or
relax the requirements of that rule to such extent and subject to such conditions as it may
consider necessary for dealing with the case in a just and equitable manner.
Note.—
The relaxation so granted under this rule shall be deemed to have
been given depending upon the merit of such class and/or categories of Judicial
Officer and, therefore, will not amount to any discrimination with other class and
categories of Judicial Officer.
Power to make addition or deletion etc.—
14.
Where the Government is satisfied that there is a necessity to make additions or to
delete any class or categories of posts or change the designations and scales of pay either
permanently or temporarily in the First Schedule of these rules, the Government will be
competent to add or delete or to change such conditions. The provisions of these rules will
apply on such additions or deletions or changes as the Government may direct by specific
orders or, in the absence of that, all the provisions of these rules shall apply as if the changes
were made under these rules.
Interpretation.—
15.
If any question arises relating to the interpretation of any of the provisions of these
rules, it shall be referred to the Government in the Finance Department whose decision there on
shall be final.
Residuary Provisions.—
16.
In the event of any general or special circumstance(s) which is not covered under
these rules or about which certain inconsistency comes to the notice at a later stage, the matter
shall be referred to the Government and the Government, in consultation with the Finance
Department, will prescribe the conditions to be followed under such circumstances, Such
conditions as prescribed by the Government under this rule shall be deemed to be part of these
rules. Further, if the Government is satisfied that there is a requirement to prescribe certain
additional conditions under these rules, the Government shall prescribe such conditions and
such additional conditions as prescribed by the Government under this rule shall be deemed to
be the part of these rules.
140
First Schedule
(See rules 4 and 14)
1
2
3
4
Sr.
No.
Service
Existing Scale
Revised Pay Scale
A. Haryana Civil Service (Judicial Branch)
(i) Time Scale
Rs. 2200-4000
Rs. 8000-275-13500 (with an initial
start of Rs. 8550/-)
(ii) Senior Scale
Rs. 3000-4500 (on
completion of 5 years
regular and satisfactory
service)
Rs. 10000-325-15200 (on completion
of 5 years regular and satisfactory
service in the time scale)
(iii) Selection Grade
Rs. 4100-5300 (for 20% of
the cadre on completion of
12 years regular &
satisfactory service)
Rs. 14300-400-18300 (For 20% of
the cadre of Haryana Civil Service
(Judicial Branch) on completion of 12
years
regular
and satisfactory
service)
B. Haryana Superior Judicial Service
Existing Pay Scales
Sr.
No.
Revised Pay Scales
(i) Rs. 3200-100-3700-125-4700-150-5600 Rs. 12000-400-18800 (Time Scale)
(Time Scale)
(ii) Not Existing
Rs. 16400-450-20000 (Senior Scale for
30% of the cadre of Haryana Superior
Judicial Service subject to suitability)
(iii) Rs. 5900-200-6700 (Selection Grade for Rs. 18400-500-22400 (Selection Grade for
20% of the cadre of Haryana Superior 20% of the cadre of Haryana Superior
Judicial Service)
Judicial Service)
Notes: 1.
Special pay is being drawn by the L.R., Jt. L.R. and the District & Sessions
Judges in the existing scales. The Special Pay will continue to be drawn in
respect of these posts at the same rates along with the revised pay scales also
till any further orders are issued by the Government in this respect.
2.
The number of posts for grant of Selection Grade to the members of Haryana
Civil Service (Judicial Branch) and for grant of Senior Scale and Selection Grade
for the members of Haryana Superior Judicial Service shall be calculated on the
basis of the prescribed percentage of permanent as well as those temporary
cadre posts which have remained in existence for more than three years.
Further, while making calculation, the fraction of three and above shall be
considered as a whole number.
141
SECOND SCHEDULE
(Part - l)
Form of Option
(See Rule 6)
(i)
I, _____________hereby elect to draw my pay in the :
*(a)
Existing Scale; or
*(b)
Revised Pay Scale
*(ii)
I, _________________, hereby elect the revised scale of pay with effect from 1st of
January, 1996.
*(iii)
I, ________________ , hereby elect to continue in the existing scale of pay of my
substantive/officiating post mentioned below until :
*the date of my next increment i. e _______________________
*the date I vacate or cease to draw pay in the existing scale, i.e.
Existing Scale of Pay:___________________________
Revised Scale of Pay:___________________________
Normal Date of increment: _______________________
Signature: _______________________
Name: __________________________
Designation : _____________________
Office: __________________________
Dated, the ___________________
*To be scored out if not applicable.
142
SECOND SCHEDULE
(Part - II)
(Form of Option only for those whose normal date of increment
falls on 1st of January, 1996)
(See Note 1 below rule 7)
(I)
I, __________________________, hereby elect to draw my increment falling due on
1.1.1996 in the existing scale and thereafter get my pay fixed in the revised scale
with effect from 1.1.1996.
Or
(ii)
I,____________________ , hereby eject to have my pay fixed with effect from
1.1.1996 on the basis of my basic pay in the existing scale as on 31.12.1995 and to
get my increment falling on 1.1.1996 after fixation of pay in the revised scale.
Existing Scale of Pay:___________________________
Revised Scale of Pay:___________________________
Normal Date of increment: _______________________
Signature: _______________________
Name: __________________________
Designation : _____________________
Office: __________________________
Dated, the ___________________
Please score out whatever is not applicable.
143
MEMORANDUM EXPLANATORY TO THE HARYANA CIVIL, SERVICES
(JUDICIAL BRANCH) AND HARYANA SUPERIOR
JUDICIAL SERVICE
REVISED PAY RULES, 2001
Rule 1
This rule is self-explanatory.
Rule 2
This rule lays down the categories of Judicial Officers to whom the rules apply.
Except for the categories excluded under sub rule (2) of rule 2, the rules are
applicable to all Judicial Officers appointed under the rule making power of
the Government of Haryana serving in connection with the affairs of Government of
Haryana and whose pay is debitable to the Consolidated Fund of the State of
Haryana. They do not apply to any other categories of officers.
Rule 3
The rule is self-explanatory. Further, wherever the terms defined under this rule are
mentioned in these rules or in any other rules/instructions/orders/notifications etc.
issued in connection with these rules, definitions as prescribed under this rule are to
be taken as the meaning of such terms unless specifically a different definition is
prescribed for such terms to be taken as meaning for and in these rules or, as the
case may be, in any other rules/instructions/orders/ notifications etc.
Rule 4
Scale of pay is the revised functional pay scale prescribed for the post as a
consequence of these rules. The fundamental sense is that these rules prescribe the
revised functional pay scale for the services and do not prescribe replacement
scales in general. The existing scales, as mentioned in the Schedule of this rule,
have been mentioned only with the objective of deriving as to what shall be the
revised functional pay scales and for no other purpose.
Rule 5
The intention is that all Judicial Officers should be brought over to the revised scales
except those who elect to draw pay in the existing scales. However, the revised pay
scales are optional and it has been left open to a member of the Service to either
elect to opt for the revised pay scales or continue to retain the existing scales. Those
who exercise the option to continue in the existing scales of pay will continue to draw
the dearness allowance and interim relief at the rate in force on the 1st day of
January, 1996 and such dearness allowance will count towards the emoluments for
pension etc. to the extent it is so counted on the said date. If a Judicial Officer is
holding a lower permanent post in a substantive capacity and also officiating on a
higher post, or whenever officiated in one or more posts on his being on deputation
etc., he has the option to retain the existing scale only in respect of one scale. Such
a Judicial Officer may retain the existing scale applicable to the permanent post or
anyone of the officiating posts. In respect of remaining posts, he will necessarily
have to be brought over to the revised pay scale.
Rule 6
This rule prescribes the manner in which option has to be exercised and also
specifies the authority to whom such option is to be communicated. The option has
to be exercised in the prescribed proforma appended to the rules. It should further be
noted that it is not sufficient for a Judicial Officer to exercise the option within the
specified time limit, but also to ensure that it reaches the prescribed authority within
the time limit officially and in writing on the prescribed proforma. In the case of
Judicial Officers who are on leave or on deputation or on foreign service at the time
these rules are notified, the period within which the option has to be exercised is
three months from the date they take over charge of the post. It is further made clear
that unauthorised absence shall not entitle a Judicial Officer to get the relief as
granted under these rules for the Judicial Officers who are on leave. The period of
144
three months shall be counted from the date on which the sanctioned leave expires.
No other exigency shall entitle such Judicial Officers the above said relief.
The Persons, who have retired between 1st January, 1996 and the date of
notification of these rules are also eligible to exercise the option.
Rule 7
This rule deals with the actual fixation of pay in the revised functional pay scales on
1st January, 1996 or from the date of option. For the purposes of these rules, the
procedure under this rule, and no other procedure under any other rule, shall be
followed. A few illustrations indicating the manner in which pay of a member of the
Service(s) should be fixed under this rule, subject to the permissible stepping up of
pay under notes, in this rule are as follows :Illustration - I
‗X‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay in
the existing scale of Rs. 2200-4000 at the stage of Rs. 2350/- as on 1.5.95 His pay will be fixed
as under :Existing Scale:
Revised Scale:
Basic Pay as on 1.1.96:
DA on pay as on 1.1.96:
IR-I:
IR-II:
Existing emoluments:
Add 40% of Basic Pay:
Total:
Pay to be fixed:
Date of next increment:
2200-4000
8000-275-13500 (with a higher start of Rs. 8550)
2350/3478/100/235/6163/940/7173/8550/1.5.96
Illustration - II
‗Y‘, a member of the Haryana Civil Service (Judicial Branch), was drawing
his pay in the existing scale of Rs. 2200-4000 at the stage of Rs. 2425/- as on 1.9.95. He opts
for fixation of pay in the revised scale w.e.f. 1.9.1996 while drawing pay at the stage of 2500/-.
His pay will be fixed as under :Existing Scale:
Revised Scale:
DA
IR-I:
IR-II:
Total: emoluments:
Stage admissible under rule 7(1)(ii):
Benefit under 3rd proviso to rule 7:
Pay to be fixed:
2200-4000
8000-275-13500 (with a higher start of Rs. 8550)
2500/3700/100/250/6550/1000/7550/8550/275/8825/1.9.97
145
Illustration - III
‗Z‘, a member of Haryana Civil Service (Judicial Branch), was drawing his pay at the
stage of Rs. 2275/- in the scale of Rs. 2200-4000 w.e.f. 1.1.95 with the next date of increment
on 1.1.96. Depending upon his option under Note 1 below rule 7, his pay can be fixed in either
of the two ways. Under option (i) below, he opts to get his increment as on 1.1.96 in the existing
scale whereas under option (ii) below, he opts for his increment on 1.1.96 in the revised scale.
Existing Scale:
2200-4000
Revised Scale:
8000-275-13500
Option (i)
Option (ii)
Basic Pay as on 1.1.96
2350
2275
DA on pay on 1.1.96:
3478
3367
IR-I:
100
100
IR-II:
235
228
6163
5970
940
910
Total
7103
6880
Pay to be fixed
8550
8550
Date of Next Increment on 1.1.96:
-
275
Pay on 1.1.96:
8550
8825
1.1.97
1.1.97
Illustration - IV
‗A‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay at
the stage of Rs. 3625/- in the Senior Scale of Rs. 3000-4500 as on 1.8.95. He opts for revised
scale of pay w.e.f. 1.8.96 while drawing pay at the stage of Rs. 3750/-. His pay as on 1.8.96 will
be fixed as under :Existing Scale:
3000-4500 (Senior Scale)
Revised Scale:
10000-325-15200 (Senior Scale)
3750
DA as on 1.1.96:
5180
IR-I:
100
IR-II:
375
9405
1500
Total:
10905
Pay to be fixed w.e.f. 1.8.1996:
10975
1.8.97
146
Illustration - V
‗B‘, a member of Haryana Civil Service (Judicial Branch), was drawing his pay at the
stage of Rs. 4600/- w.e.f. 1.3.1995 in the Selection Grade of Rs. 4100-5300. His pay as on
1.1.96 will be fixed as under :Existing Scale:
4100-5300 (SG)
Revised Scale:
14300-400-18300 (SG)
4600
DA:
5180
IR-I:
100
IR-II:
460
10340
1840
Total emoluments:
12180
Stage admissible under rule 7(1) (ii):
14300 (Minimum of the scale)
400 (one increment)
Rs. 14700/-
1.3.96
Illustration - VI
‗C‘, a member of the Haryana Superior Judicial Service, was drawing his pay at the
stage of Rs. 3600/- in the existing scale of Rs. 3200-5600 w.e.f. 1.7.1995. His pay on 1.1.96 will
be fixed as under :Existing Scale:
3200-5600
Revised Scale:
12000-400-18800
3600
5180
IR-I:
100
IR-II:
360
9240
1440
Total emoluments:
10680
Stage admissible under rule 7(1) (ii):
12000 (Minimum of the scale)
400 (one increment)
12400
1.7.96
147
Illustration - VII
‗D‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of
Rs. 5450/- in the Time-Scale of Rs. 3200-5600 as on 1.9.95. His pay as on
1.1.96 will be fixed as under :Existing Scale:
3200-5600 (Time Scale)
Revised Scale:
12000-400-18800 (Time Scale)
5450
6050
IR-I:
100
IR-II:
545
12145
2180
Total:
14325
Pay to be fixed:
14400/-
1.9.96
Note:—
Once the pay is fixed in the revised scale under these rules as above, it is likely that
this officer might fall within the 30% cadre zone and hence entitled to be placed in
the newly introduced Senior Scale of Rs. 16400-20000 (subject to being found
suitable). That being so, his pay from the revised time-scale will be fixed in the newly
introduced Senior Scale under the CSR, after orders to this effect are issued by the
competent authority, raising his basic pay to Rs. 16400/- with his next date of
increment changing to 1.1.97.
Illustration - VIII
‗E‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of
Rs. 6100/- in the existing Selection Grade of Rs. 5900-6700 w.e.f. 1.11.95. He opts for revision
of pay w.e.f. 1.1.96 while drawing pay at the stage of Rs. 6100/-. His
pay with effect from 1.1.96 will be fixed as under :Existing Scale:
5900-6700 (Selection Grade)
Revised Scale:
6100
DA as on 1.1.96:
6660
IR-I:
100
IR-II:
610
13470
2440
Total:
15910
Pay to be fixed:
18400/- (Minimum of the Scale)
1.11.96
148
Illustration - IX
‗F‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of
Rs. 6500/- in the Selection Grade of Rs. 5900-6700 as on 1.9.95. His pay as on 1.1.96 will be
fixed as under :Existing Scale:
5900-6700 (SG)
Revised Scale:
18400-500-22400 (SG)
6500
6660
IR-I:
100
IR-II:
650
13910
2600
Total:
16510
Stage admissible under rule 7(1)(ii):
18400/-
500/- (one increment)
Pay to be fixed w.e.f. 1.1.96
18900/-
1.1.96
Note:—
These illustrations given above are only illustrations and may or may not be actually
existing in case of any Judicial Officer.
This rule prescribes the fixation of pay in the revised prescribed functional pay scales
for the post (substituting the existing functional pay scales for the corresponding
post) as a consequence of the application of these rules. It is not aimed at any other
objective e.g. as a consequence of higher responsibility etc. Therefore, wherever the
calculated amount, which is to be fixed in the revised functional pay scale, finds an
identical stage in the revised functional pay scale, no further upgradation of stage as
a consequence of fixation of pay alone is admissible. However, wherever no such
identical stage is found in the revised functional pay scale, the pay shall be fixed at
the stage next above, with the objective to bring the Judicial Officer in the revised
functional pay scale.
The rule further provides that with the objective of bringing the Judicial Officers in the
revised pay scales, wherever the computed amount is less than the minimum of the
revised functional pay scale, the pay shall be fixed at the minimum of the revised
scale. The rule further prescribes certain additional benefits to be granted in the
manner as prescribed over and above the entitled calculated amount which is to be
taken into account while fixing pay in the revised functional pay scale to off-set the
consequences of bunching and stagnation. Different systems have been prescribed
for different categories of circumstances.
Rule 8
This rule prescribes the manner in which the next increment in the new scale should
be regulated. The provisos to this rule are intended to take care of the anomalies of
senior Judicial Officers drawing lower pay than their juniors similarly placed by the
operation of substantive part of this rule and also taking care of the Judicial Officers
who have been drawing pay at the maximum of the existing scale for more than one
149
year as on 1.1.1996. However, the benefit of this rule will be granted in relation to
both the senior and junior drawing their pay in the functional pay scales prescribed
for the post.
Rule 9
The rule is self-explanatory.
Rule 10
Rule 11
The relevant period for the employees who have entered the Judicial Service for the
first time either as by way of direct recruitment or by transfer shall be counted from
the date he has so entered in the service.
Rule 12
This rule relates to the overriding effect of these rules which provides that the
provisions of these rules will regulate, and the provisions of any other rule will not
regulate, the conditions as prescribed in these rules and to the extent of any
inconsistency between the provisions of any other rules, the provisions of these rules
shall prevail and apply.
Rule 13
The rule is self-explanatory. There could be a possibility that these rules may cause
some hardship in any particular case or to a class or category of posts. Under such
circumstances, the provision of rule is clear that it has to be invoked only if the
Government is satisfied about the existence of some hardship which is required to
be sorted out. The resolution of such hardship shall be based on the merit of
individual cases or the cases of class and categories of officers where such hardship
is found to be justified for relaxation. Removal of such hardship would, therefore, not
amount to any discrimination with any other class or category of Judicial Officers
where such hardship has either not been found to exist or has not been found to be
justified for relaxation.
Rule 14
Rule 15
Rule 16
A. N. MATHUR,
****************
150
Subject : Regarding counting of service rendered on work-charged basis for the
purpose of grant of additional increments on completion of 8/18 years service
and the grant of Higher Standard Scales under the said scheme Civil Appeal
No. 5740-41 and 6070 of 1997; Nos. 24, 1143 and 5833 of 1998 and Nos. 2649 to
2653 of 1999 titled as State of Haryana Vs. Ravinder Kumar & others.
(copy of U.O. No. 6/61/2001-3PR(FD) dt. 5th October, 2001)
Will the Financial Commissioners and Administrative Secretaries in the Department
of PWD (Public Health), PWD(B&R) and the Commissioner & Secretary in the Department of
PWD (Irrigation) kindly refer to the subject noted above?
1.
Implementation of the orders of the Hon‘ble Supreme Court of India in the above
cited cases has been under consideration of the Government of Haryana. While disposing of
the State‘s SLP in Civil Appeal No. 13423 of 1996 titled as State of Haryana Vs. Veterinary &
A.H.T.S. Association, the Hon‘ble Apex Court allowed the SLPs filed by the State Government
and held that adhoc service was not to be counted as regular service for the purpose of grant of
Senior Scale & Selection Grade. However, the Hon‘ble Apex Court had de-linked 17 cases of
the Work-charged employees while deciding the main case in Civil Appeal No. 13423 of 1996.
Subsequently, while deciding these de-linked cases, the Hon‘ble Apex Court took a different
view and the SLPs filed by the State Government were dismissed in the main cases i.e. Civil
Appeal No. 5740-41 of 1997, titled as State of Haryana and others vs. Ravinder Kumar and
others vide its orders dated 31st October 2000. The State Government had filed Review
applications in these matters but the same have also been dismissed by the Hon‘ble Apex Court
vide its orders dated 03.05.2001.
2.
The situation arising out of the dismissal of the Review applications by the Hon‘ble
Apex Court came in for discussion in a meeting held at the level of Chief Secretary to
Government of Haryana. Keeping in view the different judgements on the same issue of
principal, it was decided that the concerned Departments should file SLPs in the Hon‘ble
Supreme Court of India in all such cases of work-charged employees against the orders of the
Hon‘ble Punjab & High Court so that the position arising out of different judgements on the
same principal issue is brought to the notice of the Hon‘ble Apex Court and the Advocate
General, Haryana was requested to take all necessary steps required to defend these SLPs so
as to bring this situation to the notice of the Government in these matter, keeping the above,
they are advised to take action as under :
(i)
Implement the orders of the Hon‘ble Punjab & Haryana High Court and the
Hon‘ble Supreme Court of India in all such cases of work-charged employees
where the SLPs and the Review Application filed by the State Government
have been dismissed and the orders of the Hon‘ble High Court have attained
finality qua the petitioners in these cases.
(ii)
Take requisite steps to file SLPs in the Hon‘ble Supreme Court in all such
cases where the same have not been filed in consultation with the Advocate
General, Haryana, and seriously follow-up the matters wherever the SLPs
have already been filed by holding consultations with the Advocate General,
Haryana.
***************
151
No. 28/45/2001-5B&C
From
To
Dated, Chandigarh, the 8th October, 2001
Subject : GENERATION OF DDO/CCO-WISE STATEMENTS OF EXPENDITURE.
Sir,
I am directed to draw your attention towards the subject noted above and to say that
as part of the Voucher Level Computerisation of State Accounts, the Accountant General (A&E),
Haryana has arranged to supply the following information to all the Controlling Officers through
electronic media such as Floppy Disk or CD(ROM) starting with the accounts for July, 2001.
1.
2.
3.
4.
DDO wise Expenditure statements.
Minor Head Level Expenditure.
Sub Head (Scheme) Level Expenditure
Object Head Level Expenditure.
2.
It is requested that all the Controlling officers under your control be directed to
ensure close scrutiny of these monthly statements and proper financial management every
month. If there is any further requirement or suggestion, that may be conveyed to the office of
Accountant General (A&E), Haryana to enable them to make the VLC Project more useful to the
State Govt. It may also be ensured that irregularities pointed out by Accountant General,
Haryana are rectified and steps taken to avoid recurrence of such irregularities.
3.
regard.
The Finance Department may kindly be informed of the action/steps taken in this
Yours faithfully,
Sd/Supdt. Budget and Committee
A copy is forwarded to all the Administrative Secretaries to Govt., Haryana for
information & immediate necessary action.
Sd/Supdt. Budget and Committee
To
U.O. No. 28/45/2001-5B&C
Dated 8th October, 2001.
***************
152
No. 36/2/2k1-WM(6)
From
To
Sub Divisional Officers (Civil) in the State of Haryana,
All District & Session Judges in Haryana State.
Subject : Grant of interest free Festival Advance to Government employees for Diwali
festival during the year 2001-2002.
Sir,
I am directed to address you on the subject noted above and to say that the State
Government has decided to grant an interest free Festival Advance of Rs. 750/- (Seven
hundred fifty only) to all class IV Govt. employees in the State who apply for it.
2.
The advance will be admissible to permanent/ temporary employees. The advance
will also be admissible to adhoc employees who are continuing in service for the last one year
and are likely to continue for another four months after furnishing surety of a permanent
Government employee. The advance will be sanctioned by the Drawing & Disbursing Officers
concerned who would in the case of temporary employees allow advance on the basis of a
surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanees
before the close of the financial year 2001-2002.
3.
The following conditions should also be observed in sanctioning this advance :(i)
The Drawing & Disbursing officer concerned, before sanctioning the advance
should satisfy himself that the incumbent will continue in service until full
recovery of the total amount of the advance is effected.
(ii)
The advance will be recovered in four equal monthly installments and the
entire advance should be recovered from the pay of the employees before
the close of the financial year 2001-2002.
(iii)
The advance may be drawn and disbursed on or before 14.11.2001.
(iv)
The advance will not be admissible to work charged & contingent paid staff
and daily wagers.
(v)
The advance should not be granted to those Class IV employees who are on
deputation to other Governments/ Corporations and Local Bodies etc.
(vi)
If both husband & wife are employed, the advance should be allowed to one
of them.
153
4.
It is requested that the schedule of recoveries should be attached with each bill in
the enclosed proforma It is also requested that the detailed accounts of the recoveries of the
advance should be maintained by the Drawing and Disbursing Officer which should be
reconciled with the office of the Accountant General, Haryana, (A&E) Chandigarh, every month.
5.
The expenditure incurred on the Grant of Festival advance may be communicated to
the Finance Department (in Ways & Means Br.) by the Head of Departments by the end of
December, 2001 in the enclosed proforma-II.
6.
The expenditure may be debited to the Major Head "7610 - Loans to Govt. Servants
etc.
800 - 0ther Advance (98) Festival Advances (50) Advances (Non-Plan)‖. The
recoveries made may be credited to the corresponding receipt head i.e. 7610-Loans to
Governments Servant etc. 800 - Other Advances (98) Festival Advances (Receipt).
Yours faithfully,
Sd/(S.R.MAURYA)
No. 36/2/2k1-WM(6)
Dated, Chandigarh, the 18th October, 2001.
A copy is forwarded to the Accountant General, (A&E) and Audit Haryana
2.
The expenditure will be debited against grant No. 25 under Major Head "7610-Loans
to Govt. Servants - 800 other Advances - (98) Festival Advances (50) (Advances).
3.
Officers.
The detailed account of recoveries will be maintained by the Drawing & Disbursing
Sd/(S.R.MAURYA)
No. 36/2/2k1-WM(6)
A copy is forwarded to all Treasury Officers/Assistant Treasury Officers, Haryana
with the request that the date given in the letter may please be strictly followed and no bill be
passed after 14.11.2001. The payment made on the basis of the sanction issued by the
department concerned would be treated as payment authority in relaxation of Rule 4.113 of
S.T.R. Vol. I.
Sd/(S.R.MAURYA)
154
Copies are forwarded to :1.
2.
All the Administrative Secretaries to Govt., Haryana for information and
necessary action.
Sd/(S.R.MAURYA)
To
1.
2.
The Administrative Secretaries to Govt., Haryana.
U.O. No. 36/2/2k1-WM(6)
Dated, Chandigarh, the 18th Oct., 2001.
A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Officer
on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/
Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board,
Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman,
Planning Board, Haryana.
Sd/(S.R.MAURYA)
To
The Principal Secretary/Addl. Principal Secretary/Officers on
Spl. Duty/Senior Secretaries/Secretaries/Private Secretaries to
Chief Minister/Ministers/State Ministers/Chief Parliamentary Secy./
Deputy Chairman Planning Board.
U.O. No. 36/2/2k1-WM(6)
Contd…
Encl..
Dated, Chandigarh, the 18th Oct., 2001.
155
PROFORMA - I
S. No.
Name & Designation of Total amount
employee(s)
advance Rs.
1
2
of Recoveries upto last month of
Financial Year 2009-2010 Rs.
3
4
Amount of advance Total amount of recovered upto Balance Rs.
recovered in this bill date Rs.
Rs.
5
6
Remarks
7
8
PROFORMA - II
Name
Department
1
of Name of Office
Drawing
Officer
2
&
3
***************
Disbursing Amount of Festival
advance granted to
the employees Rs.
4
156
FINANCE DEPARTMENT
No. 10/6/99-3FR-II
19th October, 2001
To
All Heads of Departments;
Commissioners of Divisions;
AIl the Deputy Commissioners/
SDOs (Civil) in Haryana;
Registrar, Punjab & Haryana High Court.
Subject : Policy decision regarding higher studies for employees of the State
Government.
Sir,
I have been directed to invite your attention to the subject mentioned above and to
state that the matter regarding higher studies of the in-service State Government employees
has been engaging the attention of the Government for some time in the past.
2.
The relevant rules and instructions issued by the Government from time to
time are as under :
(A)
Rules :
(i)
(ii)
(B)
Rule 8.126 of the CSR Vol. Part I read with Appendix 20 contained
in CSR Vol. I, Part II.
Rule 8.137 (iv) of the CSR Vol. I, Part I.
Instructions :
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(xi)
(x)
F.D. Pb. No. 255-FR-II-60/3568, dated 12.4.1960;
C. S. Pb. No. 13987-5GS-61/43369, dated 14.12.1961;
C.S. Hr. No. 3712-2GS-72/21209, dated 18.7.1972;
C.S. Hr. No. 5350-GS-II-72/2906 dated 13/16.10.1972;
F.D. Hr. No. 1169-5FR-73/15547, dated 20.4.1973;
C.S. Hr. No. 3251-4GS-II/76/12309 dated 13.5.1976;
F.D. Hr. No. 11/77/84-1FR-II, dated 27.5.1985;
F.D. Hr. No. 11/77/84-1FR II, dated 2.4.1987;
F.D. Hr. No. 11/51/89-1FR-II, dated 13.12.1989;
F.D. Hr. No. 11/33/98-1FR-II dated 6.10.1999.
3.
As per the existing practice, in-service employees are not only sanctioned
Extra-ordinary Leave/Study Leave for prosecuting higher studies, but in certain cases,
employees are also nominated for higher studies leading to higher level academic degrees
against sponsored seats or otherwise in various courses. For example:


An Agriculture Development Officer (ADO) possessing qualifications of
B.Sc. in Agriculture is nominated for M. Sc. Degree Course.
A Veterinary Surgeon with B.V.Sc. qualifications is nominated for MVSc.
Degree course.
157



A MBBS Doctor is nominated for MS/MD Degree course.
A Junior Engineer with Diploma in Engineering is nominated for B.E. Course.
A graduate Engineer is nominated for M.E. Course.
4.
Needless to say, all these employees are nominated or selected for these
higher degree courses against sponsored seats or open seats respectively, as the case may be.
Further, as per the existing practice in the kind of cases cited above, the period of higher
studies is not only treated as duty period but the employee is also given full pay and allowances
for this period.
5.
The above practice has been reviewed and reconsidered. It has been observed that
the existing practice of permitting in-service candidates for higher degree courses with full pay
and allowances, especially for technical & professional courses, was relevant at a time when
there was dearth of highly qualified candidates and the same needed to be encouraged. That
situation is no longer relevant today when qualified candidates are available in plenty. It has
also been observed that acquisition of a higher academic degree is not only relevant for
qualitative improvement of manpower for the employer but it also provides as much value
addition to a candidate's personal Curriculum Vitae.
6.
Moreover, there is a provision for Study Leave in the Service Rules for the
serving employees under which Study Leave up to a maximum period of 24 months 'is
admissible on half pay. The period of Study Leave is counted towards service for all other
intents and purposes e.g. increments and pension etc. It has been felt that the State
Government employees, keen to improve their qualifications while in service, should rather be
considered for grant of Study Leave as admissible under the Rules (subject to fulfillment of
other criteria) rather than treating such period as duty period with full pay and allowances.
7.
Keeping the above in view, it has been decided that :(i)
The practice of nominating/permitting in-service State Government employees
for higher studies on full pay is discontinued forthwith. However, the employees
who have already been permitted this facility would be allowed to complete
their higher studies in accordance with the terms & conditions provided in the
sanction letter.
(ii)
While the system of sponsored seats may be continued to be retained and the
in-service candidates may be sponsored for the same, however, the employees
would have to take study leave for the purpose. Wherever, the duration of such
course is more than 24 months, the employee concerned will have to avail the
leave of kind due for such period and the combination of leave would be
allowed as permissible under the rules.
(iii)
In case of those in-service employees where the salary of the substitute is
reimbursed by an out-side Body such as UGC (in the case of College and
University Teachers for doing Ph.D.), the period may be allowed as leave with
full pay and allowances only for the period for which the salary of the substitute
is re-imbursed by such Body and the remaining period, if any, will have to
treated under the provisions of Study Leave or any other leave of the kind due
and permissible under the rules.
8.
It has further been decided that efforts should be made by various departments to
evolve suitable schemes and systems for in-service training of the State Government
employees with a view to updating their skills. These could be in the nature of orientation
courses refresher courses staring from one-week to four-weeks duration. For example the
158
Engineering Colleges could consider taking up with the Engineering Colleges or Departmental
Training Institutions, wherever available, for organizing these capsule courses in identified core
areas such as Road Maintenance practices, Construction practices. The Departments of'
Agriculture and Animal Husbandry could evolve training packages in consultation with the
CCSHAU, Hisar. The Health Department could similarly evolve training packages for various
categories of its employees in consultation with the PGIMS, Rohtak and so and so forth.
9.
The Schemes so prepared by the concerned Departments should be got
approved from the Finance Department giving all requisite details including requirement of
funds for this purpose.
Yours faithfully,
Sd/(Ram Saran)
A copy is forwarded to all the Financial Commissioners & Administrative Secretaries
to Government of Haryana; and all the Commissioners & Administrative Secretaries to
Government of Haryana for information and necessary action.
Sd/(Ram Saran)
To
All the Financial Commissioners & Administrative Secretaries to
Government of Haryana.
Government of Haryana.
U.O. No. 10/6/99-3FR-II
Dated, the 19th October, 2001
OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State
Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State
Ministers/Chief Parliamentary Secretary, Haryana.
Sd/(Ram Saran)
To
The Principal Secretary/Additional Principal Secretary/OSD/
Secretary for the information of Chief Minister/Ministers/
State Ministers/Chief Parliamentary Secretary, Haryana,
U.O. No. 10/6/99-3FR-ll
Dated, the 19th October, 2001.
**************
159
No. 34/2/93-WM(3)
From
The Financial Commissioners & Secretary to Govt.,
To
Sub Divisional Officers (Civil) in State of Haryana,
All District & Session Judges in Haryana State.
Subject : Rate of Interest on deposits in the General Provident Fund and
funds for the financial year 2001-2002.
other similar
Sir,
In continuation of Haryana Government letter of even number dated 1-12-2000 on
the above subject. I am directed to say that it has been decided to fix the rate of interest at 9.5%
per annum on deposits in the General Provident Fund w.e.f. 1st April, 2001 and also on the
accumulations as these stood on 31st March 2001. This rate of interest will remain in force
during the financial year 2001-2002.,
2.
Yours faithfully,
Sd/(S.R.MAURYA)
No. 34/2/93-WM(3)
A copy is forwarded to the Accountant General, (Audit and A&E), Haryana
Sd/(S.R.MAURYA)
No. 34/2/93-WM(3)
160
A copy each is forwarded to the following for information and necessary action :1.
2.
3.
4.
5.
6.
7.
Secretary to Governor, Haryana.
All the Financial Commissioners & Administrative Secretaries to Government,
Haryana.
State Election Commissioner, Haryana
Resident Commissioner, Government of Haryana, Haryana Bhawan, New
Delhi.
M.Ds. of various Boards/Corpns. in Haryana (IAS Officers only).
Vice Chancellor of Universities and Directors of Medical Colleges in Haryana
State.
Sd/(S.R.MAURYA)
No. 34/2/93-WM(3)
A copy each is forwarded to The Principal Secretaries/Private Secretaries to the
Chief Minister/Officers on Special Duty/Senior Secretaries/Secretaries to the Chief Minister/
Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board,
Haryana for the information of the Chief Minister/Ministers/State Ministers/Chief Parliamentary
Secretary/Deputy Chairman Planning Board Haryana.
Sd/(S.R.MAURYA)
To
The Principal Secretaries/Private Secretaries to the Chief Minister/
Officers on Special Duty/Senior Secretaries/Secretaries to the
Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/
Deputy Chairman Planning Board, Haryana.
U.O. No. 34/2/93-WM(3)
Dated, Chandigarh, the 19-10-2001.
***************
161
No. 34/2/94-WM(3)
From
To
Subject : Rate of interest to be charged on House Building/Motor Car/Scooter/Motor
Cycle/Moped/Cycle/Computer and Marriage Advance granted to the Govt.
employees for the financial year 2001-2002.
Sir,
I am directed to refer to the subject noted above and to say that the matter regarding
charging of interest on various loans and advances given to the Government employees
including AIS Officers has been considered and it has been decided to charge interest on
various loans and advances granted/sanctioned during the financial year 2001-2002 at the rates
given below :1.
Cycle Advance
8.5%
2
Motor Car/Motor Cycle/ Scooter/Moped Advance
9.5%
3.
House Building Advance
9.5%
4.
Marriage Advance
9.5%
5.
Computer Advance
9.5%
2.
Further, it has also been decided that wherever loans have been/are sanctioned/
granted for the second time in respect of House Building Advance/Motor Car/Motor cycle/
Scooter/Moped/Marriage and Computer, the rate of interest shall be @ 10.5% in all such cases.
3.
In case of mis-utilisation of any loan, penal interest @ 10% per annum will be
charged from the applicant over and above normal rate of interest. The receipt of this letter may
kindly be acknowledged.
Yours faithfully,
Sd/(S. R. MAURYA)
Deputy Secretary Finance (B).
Haryana. Finance Department.
162
No. 34/2/94-WM(3)
A copy is forwarded to the Accountant General (Audit & A&E), Haryana,
Sd/(S. R. MAURYA)
A copy each is forwarded to the following for information and necessary
action :1.
2.
3.
4.
5.
6.
7.
All the Financial Commissioner & Administrative Secretaries to
Government, Haryana.
Delhi.
Hon'ble Speaker, Haryana Vidhan Sabha.
MDs. of Various Boards/Corpns. in Haryana (IAS Officers only).
Vice Chancellors of Universities and Directors of Medical Colleges in
Haryana State.
Sd/(S. R. MAURYA)
No. 34/2/94-WM(3)
A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/
Deputy Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private
Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/
Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State
Ministers/Deputy Chairman, Planning Board, Haryana.
Sd/(S. R. MAURYA)
To
The Principal Secretary/Addl. Principal Secretary/Deputy Principal
Secretary Officers on Special Duty/Senior Secretaries/Secretaries/
Private Secretaries to Chief Minister/Ministers/State Ministers/
Chief Parliamentary Secretary/Deputy Chairman Planning Board.
U.O. No. 34/2/94-WM(3)
***************
163
HARYANA BUREAU OF PUBLIC ENTERPRISES
FINANCE DEPARTMENT
Administrative Department is intimated that if Finance Department (in FD-II Br.) has
revised the pay scales of the posts of Librarian and Asstt. Librarian in the Regional Engineering
College, Kurukshetra then Finance Department (in FD-II Br.) should also do this for rest of the
staff.
If the matter has to be referred to the Pay Revision Committee chaired by Financial
Commissioner, Finance Department through HBPE, the recommendation for the proposal
should come from a committee to be chaired by Secretary, Technical Education and comprising
representatives of the Regional Engineering College, Kurukshetra, YMCA Faridabad and HBPE
as per the practice followed in Education Department.
To
The Commissioner & Secretary to Govt., Haryana,
Technical Education Department.
U.O. No. 23/REC/2001/Acctt-II/PE (FD)
Dated, Chd., the 24th October, 2001.
***************
164
FINANCE DEPARTMENT
No. 10/29/90-3PR(FD)
5th November, 2001
To
All Heads of Department;
Deputy Commissioners/
S.D.Os. (Civil) in Haryana;
Subject :
Instructions regarding regulating the grant of Selection Grade to Engineers
and Doctors in pursuance to the judgment pronounced by the Hon‘ble
Supreme Court of India in C.A. No. 6585/2000 arising out of SLP (Civil) No.
1463 of 2000 titled State of Hr. & others Vs. Ishwar Singh & others & the
orders of the Hon‘ble Pb. & Hr. High Court in CWP No. 8172/90 titled
H. R. Dhanjal & others Vs. State of Hr. and others.
Sir,
The Government had introduced Senior Scale of Rs. 3000-4500 and Selection
Grade of Rs. 4100-5300 on completion of 5 years and 12 years of service respectively for
Engineers and Doctors w.e.f. 1.5.89 vide letter No. 6/38/3PR(FD)-87 dated 2.6.89. The said
instructions were modified and substituted by another letter of even number dated 16.5.90
wherein the conditions of regular satisfactory service and restriction of 20% of the posts for the
selection grade were incorporated. Government instructions dated 16.5.90 were challenged by
some of the Engineers and Doctors in the Hon‘ble Punjab & Haryana High Court by way of
various Civil Writ Petitions. The Hon‘ble Punjab & Haryana High Court had granted interim stay
on the operation of the Government instructions dated 16.5.90. However, the Hon‘ble Supreme
Court of India allowed the SLP filed by the State in Civil Appeal No. 6585/2000 titled State of
Haryana and others vs. Ishwar Singh & others vide its order dated November 20, 2000.
Subsequently, the Hon‘ble Punjab & Haryana High Court has also disposed of various other
Civil Writ petitions bearing Nos. 7805, 7941, 7947, 8289, 8307, 8894 of 1990, 6220/1991,
14560/1992, 8922, 11864, 14838 of 1994, 12399/1995, 13222/1996, 16738/1997, 15145/1999,
7307/2000, 556/2001 while deciding the main CWP No. 8172/1990 titled H.R. Dhanjal and
others Vs. State of Haryana and others vide its order dated 17.8.2001. The Hon‘ble Supreme
Court of India while deciding CA No. 6585/2000 on 20.11.2000 held as follows :―Special leave granted.
This in an appeal by the State of Haryana against the judgment of the High Court
of Punjab & Haryana dated 23.9.99 in CWP No. 18043/98. The parity in pay was
granted to the doctors/respondents category along with Executive Branch, by an
order dated 2.6.89 and when Selection Grade posts were also sanctioned at par
with the Executive Branch. The order unfortunately did not mention that the
Selection Grade posts were restricted to 20% of the posts. This mistake was,
however, rectified by an order dated 16.5.90 of the Government with
retrospective effect 1.5.89. The High Court has now held that Selection Grade is
to be granted without restriction to 20% of the posts in the particular cadre.
It is well known that in every department Selection Grade is restricted to certain
percentage of the posts such as 20% in the present case. So, merely because
the percentage was not mentioned in the earlier order dated 2.6.89, the High
165
Court could not have awarded selection grade to every member in the cadre. The
High Court should have seen that the mistake in the order dated 2.6.89 was
rectified. We, therefore, allow the appeal and set aside the order of the High
Court and direct that the Selection Grade scale of Rs. 4100-5300 will be
restricted to 20% of the posts in the cadre as provided in the clarification dated
16.5.90.
The appeal is allowed accordingly. There shall be no order as to costs.”
2.
The operative part of the judgment dated 17.8.2001 pronounced by the Hon‘ble
Punjab & Haryana High Court in CWP No. 8172/90 is also reproduced as under :“Resultantly, the writ petition is disposed of with the following directions to the
respondents :(1)
The writ petition so far as it challenges the selection grade of Rs. 4100-5300 after
12 years of regular satisfactory service and limited to 20% of the cadre posts, is
without any merit and order dated 16.5.90 to that extent is held valid.
(2)
Amount, if actually paid to the petitioners on account of order dated 2.6.89 but
before issuance of order dated 16.5.90, shall not be recovered.
(3)
The Government shall take a decision within three months from the date of
receipt of the order in regard to waiving off the amount qua the petitioners who
have since died.
(4)
The pension received by the petitioners who have since retired and the family
pension received by the legal representatives of the deceased-petitioners shall
be refixed in accordance with order dated 16.5.90.
(5)
Any dues recoverable from the petitioners, who may have retired or are serving
on account of order dated 16.5.90 shall be recovered in easy installments to be
fixed by the Government. There shall be no order as to costs.
Sd/- V.K. Jhanji, Judge‖
3.
Further, in respect of para 2 (3) above, the Hon‘ble High Court has made the
following observations :“After hearing the counsel on this aspect of the case, I am of the view that
petitioners are not entitled to any equitable consideration. Petitioners are drawing
the extra amount because of interim order passed by this court, though the
mistake that crept in order dated 2.6.1989 was corrected by issuing order dated
16.5.90. However considering that some of the petitioners may have died and the
burden to return the amount may fall on their legal representatives, it would be in
the fitness of things if the matter in this regard is left to the State Government to
take a decision regarding waiving off the amount already paid to them. As
regards the petitioners who may have retired or are serving, they are liable to pay
the amount which they continued to receive on account of interim order passed
by this court, because the interim order, if any passed, is always subject to the
final decision of the writ petition.”
4.
Keeping in view the above judgments, the Government has considered the
matter and decided as under :(i)
The amount, if actually paid (emphasis added) to the petitioners on account of
order dated 2.6.89 but before issuance of order dated 16.5.90, shall not be
recovered. It is clarified here that if the amount for the period 2.6.89 to 16.5.90
has been actually paid subsequent to 16.5.90, the same would be recoverable.
166
(ii)
(iii)
For the purposes of recovery of the amount paid in excess of what was due to
them in accordance with the instructions dated 16.5.90, it has been decided to
treat these cases in four different groups on grounds of equity :(a)
Those who are in service;
(b)
Those who have retired and are in receipt of pension;
(c)
Those who have retired and died but family pension is being paid to one
of the dependents/heirs; and
(d)
Those who may have died and also there is no recipient of family
pension.
The mode and method of recovery in respect of the each of the groups
mentioned above has been decided to be made as under :(a)
Those who are in service:
The amount paid in excess of what was due to them in accordance with
the instructions of 16.5.90 may be recovered in 36 monthly installments
starting from their salary starting from the month of November, 2001.
(b)
Those who have retired and are in receipt of pension:
Keeping in view that they are in receipt of pensions, recoveries may be
made from this group of employees in 48 monthly installments starting
from the pension from the month of November, 2001.
(c)
Those who have retired and died but family pension is being paid to
one of the dependents/heirs:
In the cases where the petitioners/officers may have died but family
pension is being paid, though there would be no justification for waiving
off the recoveries as the family pension is still being paid to such
dependents/heirs by the Government, yet the Government, out of special
consideration for those in receipt of family pensions and in deference to
the observations of the Hon‘ble High Court, has decided to waive off the
recoveries in these cases.
(d)
Cases where the petitioners/officers may have died and there is no
recipient of family pension among the legal heirs:
It has been decided to waive off the amount recoverable in these cases
as it may cause acute hardship for the legal heirs of the deceased who
are not receiving any pension/family pension on account of the deceased.
5.
Accordingly, the Administrative Departments must take requisite action promptly
in these cases in the following order :(a)
Re-fix the pay of all those officers who have been granted Selection Grade in
excess of the 20% of the cadre with effect from 1.5.89 in accordance with the
instructions dated 16.5.90. The calculation of posts would be made in
accordance with the instructions bearing No. 3/2/1PR(FD)/80, dated 24.8.1981.
(b)
Re-fix the pension/family pension in respect of those retired from
service/deceased on the basis of pay so determined/refixed in accordance with
para 5 (a) above.
(c)
Calculate the amount recoverable from them on the basis of (a) & (b) above, and
make installments in the manner prescribed in para 4 (iii) above.
167
(d)
Take necessary steps for recovery of the amount from the salaries/pension/of the
serving/retired employees as per the schedule mentioned above.
6.
The Finance Department (in the Pay Revision Branch) should be informed about
the action taken in the matter along with the total amount worked out as recoverable (groupwise) in each department as well as the amount waived off in the process in terms of para 4 (iii)
(C & D) above latest by 31.12.2001.
Dated, Chandigarh, the 5th November, 2001
A copy is forwarded to the Accountant General Haryana (i) (A&E), (ii) Audit
The Financial Commissioner in Haryana and
2.
All the Commissioner & Administrative Secretaries to Government, Haryana for
To
1.
2.
The Financial Commissioner in Haryana and
All the Commissioner & Administrative Secretaries to Government,
Haryana.
U.O. No. 10/29/90-3PR(FD)
A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to
the Chief Ministers/Officers on Special Duty/Minister/Ministers of State/Chief Parliamentary
Secretary/Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of
State/Chief Parliamentary Secretary and Parliamentary Secretary.
To
The Principal Secretaries to the Chief Minister Senior Secretaries
to Ministers, Secretaries to Ministers and Private Secretaries to
Ministers of State and Chief Parliamentary Secretary.
U.O. No. 10/29/90-3PR(FD)
Dated, Chandigarh, the 5th November, 2001.
***************
168
These instructions alongwith notification were superseded
vide No. 8/17/98-2PR(FD) dated 7th May, 2003.
FINANCE DEPARTMENT
No. 8/17/98-2PR(FD)
Dated, the 5th November, 2001
To
The L.R. and Secretary to Government of Haryana,
Law Department.
All District & Sessions Judges ,
Sir,
I am directed to refer to the Haryana Government notification No. GSR20/Const./
Art.309/2001 dated 28.9.2001 issued by the Finance Department vide which the Haryana Civil
Service (Judicial Branch) and the Haryana Superior Judicial Service Revised Pay Rules, 2001
have been notified. The State Government has revised the pay scales of members of the
Judicial Services in Haryana w.e.f. 1.1.96 and also issued instructions with regard to the
payment of arrears w.e.f. 1.1.1996 to 31.8.2001 vide its letter bearing No. 8/17/98-2PR(FD)
dated the 28th of September, 2001.
2.
As you are aware, IR-III was sanctioned for the members of the Judicial Services by
the Government of Haryana @ 40% of (Basic Pay + DA as on 1.1.96) w.e.f. 1.7.1996 vide
Government instructions bearing No. 4/1/98-1FR-II dated 9th March, 1998. Thus, substantial
amount of financial relief, ranging between Rs. 2182/- per month (at the entry point in service) to
Rs. 5344/- per month (in the case of a member of the Haryana Superior Judicial Service
drawing pay of Rs. 6700/-) was sanctioned by way of grant of IR-III. As a matter of fact, the
total amount drawn by a Judicial Officer on account of IR-III from 1.7.96 till 30.6.2001 varies
between Rs. 1,30,944/- (in the case of a member of the HCS (Judicial Branch) drawing his pay
at the stage of Rs. 2200/- as on 1.1.96) to Rs. 3,20,640/- (in the case of a member of the
Haryana Superior Judicial Service drawing his pay at the stage of Rs. 6700/- as on 1.1.96).
3.
It was clearly mentioned in the letter dated 9.3.98 sanctioning IR-III that this amount
would be fully adjustable in the revised pay scales and further that this amount of IR-III would
not be counted for the purposes of pay fixation. The said provision in the letter of 9th March,
1998 is reproduced as follows:
“2.
4.
It is also made clear that above benefit is fully adjusted against and included in
the package that may become admissible to the Judicial Officers/pensioners/
family pensioners on the final recommendations of the First National Judicial
Pay Commission. It is however, made clear that in future if State Government
extends the benefit of the recommendations of the Fifth Central Pay
Commission to its Judicial Officers, the interim relief hereby granted to such
Judicial Officers may appropriately be adjusted.
The above instalment of Interim Relief will not count for HRA, Compensatory
Allowance, Encashment of Leave and Pay Fixation”.
Since the amount drawn by the members of the Judicial Services on account of IR-III
169
is adjustable in the revised pay scales in terms of instructions referred to above, the arrears on
account of pay revision from 1.1.1996 till 31.8.2001 would get adjusted to the extent of amount
drawn by these officers in lieu of IR-III during this period.
4.
Notwithstanding the above, it has been found that members of HCS (Judicial
Branch) drawing their pay in the revised time scale and revised selection grade and similarly the
members of Haryana Superior Services drawing their pay in the revised time scale, senior scale
and the selection grade respectively would be getting substantial amounts by way of arrears for
this period.
5.
The calculations show that, in any case, all the Judicial Officers would be drawing
higher pay during the period 1.1.96 to 30.6.96 and, thereafter, from 1.1.2001 onwards. It is not
unlikely that, in a few cases, the total emoluments in the revised pay scales may be lower as
compared to those already drawn by them for certain period from 1.7.96 till the same exceed
the emoluments, including the III interim relief, in the revised scales. As a result, there may be
some amount recoverable for certain period but, in all likelihood, the Judicial Officers will still be
getting net arrears in spite of adjustment of the amount drawn in lieu of IR-III. This position is
explained through the following illustration :
Date/
Year
Emoluments drawn in the
unrevised selection grade of
Rs. 4100-5300 from 1.1.96 to
1.1.2001 on account of Basic
pay, DA, IR-I, II and IR-III
As on
Basic
Pay
Emolum
ents per
month
Total
amount
Basic
Pay
Emoluments
per month
Total
amount
for 6
months
1.1.96
5150
11482
68892
15100
15100
90600
3618
1.7.96
5150
16241
97445
15100
15704
94224
(-)3221
1.1.97
5300
17061
102366
15500
16740
100440
(-)1926
1.7.97
5300
17485
104910
15500
17515
105090
180
1.1.98
5300
17803
106818
15900
18444
110664
3846
1.7.98
5300
18333
109998
15900
19398
116388
6390
1.1.99
5450
19762
118572
16300
21516
129096
10524
1.7.99
5450
20252
121512
16300
22331
133986
12474
1.1.2000
5450
20648
123885
16700
23046
138276
14391
1.7.2000
5450
21002
126012
16700
23547
141282
15270
1.1.2001 to
31.8.2001
5600
21474
171793
17100
24453
195624
23832
1355670
103467
Total
corresponding revised Selection
Grade of Rs. 14300-18300
1252203
Difference
Net
Arrears/
Recovery
Amount availed as IR III
260808
Total gain on account of IR III and revision of Scales (1.1.96 to 31.8.2001)
364275
It is clear from the above illustration that even though the officer gets lower
emoluments in the revised scales from 1.7.96 till 30.6.97, he gets net arrears of an amount of
170
Rs. 1,03,467/- as on 31.8.2001 after adjusting the excess paid for a period of 12 months. There
is no net recovery from this officer as on 31.8.2001.
6.
However, it has also been observed in the case of some of the HCS (Judicial
Branch) officers, drawing their pay in the pre-revised senior scale of Rs. 3000-4500 and whose
pay is to be fixed in the corresponding revised senior scale of Rs. 10000-15200, that there
might be a situation of net recoveries as on 1.9.2001 after calculating the emoluments in the
revised scales for this period from 1.1.1996 to 31.8.2001. This situation is likely to arise
particularly in those cases where a member of the HCS (Judicial Br.) had been drawing his pay
in the senior scale of Rs. 3000-4500 as on 1.1.1996 and continues to draw his pay in the
revised corresponding senior scale of 10000-15200 during the period 1.1.96 to 31.8.2001
without getting the benefit of grant of selection grade during this period. This position is
explained through-the following illustration :
Date/Year
As on
unrevised selection grade
of Rs. 3000-4500 from
1.1.96 to 1.1.2001 on
account of Basic pay, DA,
IR-I, II and IR-III
corresponding revised Selection
Grade of Rs. 10000-15200
Difference
Basic
Pay
Basic
Pay
Emoluments
per month
Total
amount
Net
Arrears/
Recovery
Emolu
ments
per
month
Total
amount
1.1.96
3200
8356
50136
10000
10000
60000
9864
1.7.96
3200
11882
71294
10000
10400
62400
(-)8894
1.1.97
3300
12514
75084
10325
11151
66906
(-)8178
1.7.97
3300
12910
77460
10325
11667
70004
(-)7457
1.1.98
3400
13440
80640
10650
12354
74124
(-)6516
1.7.98
3400
13916
83496
10650
12993
77958
(-)5538
1.1.99
3500
15104
90624
10975
14487
86922
(-)3702
1.7.99
3500
15524
93144
10975
15036
90215
(-)2930
1.1.2000
3625
15350
92103
11300
15594
93564
1461
1.7.2000
3625
15615
93691
11300
15933
95598
1907
1.1.2001
to
31.8.2001
3750
15988
127906
11625
16624
132990
5084
910680
(-)24898
Total
935578
Amount availed as IR III (1.7.96 to 31.8.2001)
196812
Net recoverable amount in the revised scales as on 1.9.2001 (1.1.96 to
31.8.2001).
24898/-
It is clear from the above illustration that even though the officer gets higher
emoluments in the revised scales from 1.1.96 to 30.6.96 and thereafter from 1.1.2000 onwards,
171
the emoluments drawn by him in the revised scales from 1.7.96 to 31.12.1999 are lower as
compared to what has already been paid to him in the unrevised scales as interim pay during
this period. This position has arisen because of the high amount paid on account of IR-III
(it was @ Rs. 3174/- per month in this case). The position as it emerges on 31.8.2001 in this
case is that an amount of Rs. 24898/- is the net amount recoverable from him.
7.
The issue of recovery of the amount paid in excess of what is due to an officer in the
revised scales in such isolated cases has been considered by the Government. Even though
this amount is fully adjustable in terms of letter sanctioning IR-III, and hence recoverable, the
Government, taking a lenient view and purely as a gesture of goodwill, has decided to waive off
the net amount that might become recoverable (as in the case of Illustration given under para 6
above) as on 31.08.2001 after calculating the total emoluments in the revised scale w.e.f.
1. 1.1996 to 31.8.2001. The Drawing & Disbursing Officers may take action accordingly. The
particulars of the officer(s), existing and revised pay scales, the net amount which became
recoverable as on 1.9.2001 and written off under these instructions may be intimated to the
Finance Department (in Pay Revision Branch).
Yours faithfully,
Endst. No. 8/17/98/2PR(FD)
A copy is forwarded to the Accountant General, Haryana (i) (A&E), (ii) (Audit)
A copy is forwarded to the Home Secretary, Chandigarh Administration, Chandigarh
2.
All the Financial Commissioners in Haryana; and
All the Commissioners & Administrative Secretaries to Govt., Haryana;
for information & necessary action.
To
All the Financial Commissioners in Haryana; and
172
U.O. No. 8/17/98/2PR(FD)
A copy is forwarded to the Principal Secretary to the Chief Minister, Senior
Secretaries to Ministers. Secretaries to Ministers and Private Secretaries to Ministers of State
and Chief Parliamentary Secretary for the information of Chief Minister, Ministers, Ministers of
State and Chief Parliamentary Secretary.
To
The Principal Secretary to the Chief Minister, Senior Secretaries to
Ministers, Secretaries to Ministers and Private Secretaries to Ministers,
U.O. No. 8/17/98/2PR(FD)
****************
173
No. 4/7/99-4FR-II/1961
From
To
Sir/Madam,
I am directed to invite a reference to letter No. 4/7/99-4FR-II/849, dated 11th June,
2001, on the subject noted above and to say that the Governor of Haryana is pleased to decide
that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to
effect from 1st July, 2001 to modified as below :Rates of Dearness Relief on unrevised pension/family pension
Date from
which
payable
1.7.2001
Per month
(ii) Exceeding Rs. 1750/- but
not exceeding Rs. 3000/-.
170% of the Pension subject to a minimum
of Rs. 5880/-
1.7.2001
2.
3.
174
4.
Panchayat Samities or Zila Parishad. A Government employee who on permanent absorption in
5.
payment of dearness relief as a uniform rate of 45% of pension/family pension w.e.f. 1st July,
6.
7.
Yours faithfully,
Sd/(Ram Saran)
***************
175
No. 4/2/98-1FR-II/1811
From
Govt. Haryana, Finance Department.
To
All Commissioners, Ambala Division, Gurgaon Division,
Rohtak Division and Hisar Division.
Subject :
Grant of Dearness Allowance to Haryana Govt. Employees on revised and
un-revised scale of Pay.
Sir,
I am directed to invite a reference to this Department circular letter No. 4/2/981FR-II/673, dated 31.5.2000 on the subject noted above and to say that the Governor of
Haryana is pleased to decide that dearness allowance payable to Haryana Govt. employees
shall be enhanced from the existing rates of 43% to 45% of the pay w.e.f. from 1st July, 2001.
2.
in the unrevised scale after 1.1.96, the rates of DA in their case from 1st July, 2001 will be the
same i.e. 45% as are applicable to the employees who are drawing the revised pay scales.
Basic Pay
2.
3.
may be.
Interim relief-I
4.
Interim relief-II.
3.
The arrears on account of enhancement in Dearness Allowance from 1st July,
2001 to 31st October, 2001 in respect of all Govt. employees shall be credited to their General
Provident Fund Account. However, the additional instalment of D.A. payable under these
orders shall be paid in cash from 1st November, 2001 i.e. for the month of November, 2001 paid
in December, 2001.
4.
Yours faithfully
Sd/(Ram Saran)
****************
176
No. 2/1(2)90-3FR-II
From
To
Dated, Chandigarh, the 23rd November, 2001
Subject : Disbursement of Pay and Allowances/Pension for the month of November,
2001.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the
30th November, 2001, 1st December and 2nd December, 2001 on account of Guru Nanak Dev
Jayanti, Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that
in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and
allowances for the months of the November, 2001 for all Gazetted/Non-Gazetted Haryana Govt.
employees and pension for the month of November, 2001 for Haryana Government pensioners
as well as others who are drawing their pension from Haryana Government pensioners as well
as others who are drawing their pension from Haryana Government Treasuries may be drawn
and disbursed on the 29th November, 2001.
Yours faithfully,
Sd/(S.P.GUPTA)
Under Secretary Finance,
No. 2/1(2)90-3FR-II
Sd/(S.P.GUPTA)
177
No. 2/1(2)90-3FR-II
Sd/(S.P.GUPTA)
Sd/(S.P.GUPTA)
To
U.O. No. 2/1(2)90-3FR-II
A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/
O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/
Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/
Ministers/Ministers of State/Chief Parliamentary Secretary.
Sd/(S.P.GUPTA)
To
The Principal Secretary/Addl. Principal Secretary/O.S.D./
Secretary, Haryana.
U.O. No. 2/1(2)90-3FR-II
Dated, Chandigarh, the 23rd November, 2001.
***************
178
FINANCE DEPARTMENT
No. 5/11/2001-5PR(FD)
Dated, the 4th December, 2001
To
All Heads of Department;
Deputy Commissioners/
S.D.Os. (Civil) in Haryana;
The Registrar, Punjab & Haryana High Court,
Chandigarh.
Subject :
Regarding effective date for fixation of pay in the ACP scale - clarification
regarding.
Sir,
I have been directed to invite your attention on the subject mentioned above and
to state that the matter regarding the effective date for fixation of pay in the ACP scales to the
State Government employees has been engaging the attention of the Government for sometime
in the past.
2.
The relevant rules and instructions issued by the Government from time to time
are as under :(A)
(B)
Rules:
Instructions:
Haryana Civil Services (ACP) Rules, 1998
No. 5/4/2001-5PR(FD) dated 2.3.2001
3.
A question has been raised by some of the departments as to whether the ACP
scales will be admissible from the date one completes 10/20 years regular satisfactory service
or from the first day of the following month. In this regard, it has been decided that following the
stipulations contained in the Scheme of Higher Standard Scales and for accounting
convenience, the ACP scales will be admissible from the first day of the following month in
which a Government employee completes required regular satisfactory service, subject to
fulfillment of other conditions. The next date of increment in this case will be under normal rules
i.e. under Rule 4.4 read with Rule 4.14(2) of CSR Vol. I, Part I (where admissible). For
instance :(a)
An employee who was recruited as a clerk on 14.2.88, completes his 10 years
regular satisfactory service on 14.2.98 and he is drawing a basic pay of
Rs. 3575/- in the scale of Rs. 3050-4590. He will be eligible for first ACP scale of
Rs. 4000-6000 w.e.f. 1.3.98 @ Rs. 4000/- and his next date of increment will be
1.3.99.
(b)
A JBT teacher, recruited as such on 23.7.87, completed his 10 years regular
satisfactory service on 23.7.97 and he is in receipt of pay of Rs. 5000/- in the
scale of Rs. 4500-7000. He will be eligible for first ACP scale of 5450-8000 w.e.f.
1.8.97 @ Rs. 5450/- and his next date of increment will be 1.8.98.
4.
These instructions may be brought to the notice of DDOs working under your
control for strict compliance.
Yours faithfully,
179
Endst. No. 5/11/2001-5PR(FD)
Dated, Chandigarh, the 4th December, 2001
2.
The Accountant General Haryana (i) A&E (ii) (Audit), Chandigarh.
The Home Secretary, Chandigarh Administration, Chandigarh.
A copy for information and necessary action is forwarded to :-
(i)
(ii)
The Home Secretary, Chandigarh Administrative Secretaries to Government,
Haryana.
(i)
(ii)
The Home Secretary, Chandigarh Administrative Secretaries
to Government, Haryana.
To
U.O. No. 5/11/2001-5PR(FD)
Dated, Chandigarh, the 4th December, 2001.
A copy is forwarded to the PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/Private
Secretaries to Chief Ministers/Ministers/Ministers of State and Chief Parliamentary Secretary for
information of the Chief Minister/Ministers/Minister of State/Chief Parliamentary Secretary and
To
The PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/
Private Secretaries to Chief Minister/Ministers/Ministers of
U.O. No. 5/11/2001-5PR(FD)
***************
180
These instructions have been clarified vide
No. 1/37/2001-2PR(FD), dated 09.01.2004.
FINANCE DEPARTMENT
No. 1/37/2001-2PR(FD)
Dated, the 4th December, 2001
To
All Heads of Department,
Deputy Commissioners/SDOs (Civil) in Haryana,
Subject :
Instructions regarding fixation of pay of an employee on his promotion
where the functional pay scale of the feeder post and functional scale of
the promotion post are identical.
Sir,
I am directed to invite your attention to the subject mentioned above and to say
that references have been received from certain Government Departments seeking clarifications
regarding fixation of pay of employees on their promotion where the functional pay scale of the
promotion post and the functional pay scale of the lower (feeder) post are identical. This
problem had arisen primarily with the general revision of pay scales w.e.f. 1.1.86 when the State
Government decided to switch over to the Central pattern of pay scales and as a consequence,
a large number of then existing pay scales were clubbed and lesser number of revised pay
scales were prescribed. The matter was then clarified by the Finance Department vide its
instructions bearing No. 1/8/3PR(FD)/88, dated, the 7th March, 1988.
2.
as under :(A)
The relevant rules and instructions issued by the Government in this respect are
Rules :
(i)
(ii)
(B)
Rule 4.4 of Punjab CSR Vol. I, Part I
Rule 4.13 of Punjab CSR Vol. I, Part I
Instructions :
Haryana Government
7.3.1988.
Finance
Department
No.
1/8/3PR(FD)/88
dated
3.
The issue requires consideration in the light of provisions contained in the CSR
on this subject. Generally, the pay of employees is fixed in accordance with the provisions
contained in Rule 4.4 of CSR Vol. I, Part I, but Rule 4.13 does not permit fixation of pay of an
employee at the stage next above on his promotion when the promotion takes place in the
identical pay scale. The presumption in the said provision under Rule 4.13 is that though it may
be a promotion technically, the duties and responsibilities of the promotion post are not
considered to be higher when the feeder post and the promotion post carry identical functional
pay scales.
181
4.
The provisions of Rule 4.13 would have been extremely relevant but for the
situation created during the general pay revision effective from 1.1.1986 when the number of
pay scales were reduced considerably and such reduction in the number of pay scales resulted
in clubbing of two or more pay scales and their replacement with a single revised pay scale. The
general pay revision effective from 1.1.1996 has been, by and large, build upon the base
created at the time of general pay revision effective from 1.1.86. As a result, the clubbing of pay
scales during the general revision of 1986 has a continued effect in the general pay revision of
1996 as well. This continued effect in the pay revision effective from 1.1.96 has resulted in a
situation where, in a number of cases identical functional pay scales have been provided for
posts and promotion posts whereas the promotion post is definitely carrying higher
responsibilities and duties.
5.
Keeping the above in view, it has been decided that wherever the functional pay
scales of the feeder post and that of the promotion post became identical in the general revision
effective from 1.1.86 on account of clubbing of pay scales and such a situation has a continued
effect in the general pay revision effective from 1.1.96, the pay of an employee, on his
promotion in the identical functional pay scale, should be fixed at the stage next above subject
to a certificate from the competent authority that the promotional post carries higher
responsibilities and duties.
Provided that these instructions will not be applicable in cases where an
employee is drawing his pay in the ACP scale(s) which happen to be identical with or higher
than the functional scale prescribed for the post as provided in the ACP Rules.
6.
The above instructions may be brought to the notice of all the DDOs working
under your control.
Yours faithfully,
Endst. No. 1/37/2001-2PR(FD)
2.
(i)
(ii)
The Home Secretary, Chandigarh Administrative Secretaries to Government,
Haryana.
182
To
(i)
(ii)
The Home Secretary, Chandigarh Administrative
Secretaries to Government, Haryana.
U.O. No. 1/37/2001-2PR(FD)
A copy is forwarded to the PSCM/Addl. PSCM/OSD/Senior Secretaries/
Secretaries/Private Secretaries to Chief Ministers/Ministers/Ministers of State and Chief
Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of State/Chief
Parliamentary Secretary and Parliamentary Secretary.
To
U.O. No. 1/37/2001-2PR(FD)
***************
183
FINANCE DEPARTMENT
Subject : Decisions taken by the Standing Committee constituted for the purpose of
deciding various issues arising out of the Scheme(s) of Revised Pay
Scales/CAS in respect of Universities and Colleges.
Will the :(i)
(ii)
(iii)
The Financial Commissioner & Secretary to Govt. of Haryana, Agriculture
Department.
The Commissioner & Secretary to Government of Haryana, Technical
Education Department.
The Commissioner & Secretary to Government of Haryana, Education
Department.
Kindly refer to the subject cited above?
2.
The decision taken by the Standing Committee constituted for the purpose of various
issues arising out of the Scheme(s) of revised pay scale/CAS in respect of Universities and
Colleges in its meeting held on 19th September, 2001 held under the Chairmanship of Financial
Commissioner & Secretary to Govt. of Haryana, Finance Department are enclosed herewith for
further necessary action at your end.
Sd/(Y.S.Malik)
Commissioner & Special Secretary
To
(i)
(ii)
(iii)
The Financial Commissioner & Secretary to Govt.
of Haryana, Agriculture Department.
The Commissioner & Secretary to Government of
Haryana, Technical Education Department.
The Commissioner & Secretary to Government
of Haryana, Education Department.
U.O. No. 7/(1)/99-5FR-I
Contd…
Encls.
184
Subject : Decisions taken by the Standing Committee constituted for the purpose of
deciding various issues arising out of the Scheme(s) of Revised Pay
Scale/CAS in Respect of Universities and colleges.
Date :
19th September, 2001
Time : 11.00 a.m.
Venue : Room No. 37, 7th Floor, Haryana Civil Secretariat, Chandigarh.
A meeting of the Standing Committee was held under the Chairmanship of
Sh. A.N. Mathur, Financial Commissioner & Secretary to Govt. of Haryana, Finance Department
on 19th September, 2001 at 11.00 a.m. in Room No. 37, 7th Floor, Haryana Civil Secretariat,
Chandigarh. Following attended the meeting:(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Sh. P.K. Chaudhary, Commissioner & Secretary, Education Department.
Sh. R.S. Chaudhary, Vice-chancellor, Kurukshetra University, Kurukshetra.
Sh. Vinay Kumar, Vice-chancellor, CCSHAU, Hisar.
Dr. R.K. Chauhan, Vice-Chancellor, Guru Jambheshwar University. Hisar.
Dr. M.P. Gupta, Director Technical Education, Haryana.
Dr. S.P.S. Dahiya, Registrar, M.D. University, Rohtak.
Y.S. Malik, Commissioner & Special Secretary, Finance Department.
The Committee considered various issues, as contained in the agenda notes and
circulated in advance, arising out of the Pay Revision/Career Advancement Schemes
introduced for Teachers in the Universities & Colleges, in the Agricultural University,
Engineering Colleges and the Technical institutions. After detailed deliberations and
discussions, following decisions were taken :1.
Applicability of Guidelines/instructions issued by different Apex Bodies
(I)
While the pay scales for the University and College Teachers have been
revised broadly following the scheme laid down by the UGC, those in the case
of CCSHAU, Hisar have been revised in accordance with the guidelines
prescribed by ICAR and in case of Technical Institutions by AICTE. These
apex bodies have issued various clarifications for implementation of the Pay
Revision Schemes, of which Career Advancement Scheme constitutes an
integral part. Some of these clarifications are at variance with one another.
(II)
It was decided to adopt and follow the following principles :(i)
Subject to approval by the State Government, the Scheme, guidelines
and clarifications issued by the University Grants Commission (UGC)
from time to time in connection therewith will be considered for
application in connection with the affairs of (i) Kurukshetra University,
Kurukshetra and its affiliated colleges, (ii) M.D. University and its
affiliated colleges, and (iii) the Guru Jambheshwar University, Hisar.
(ii)
Similarly, again subject to approval by the State Government, the
guidelines prescribed/recommended by the All India Council for
Technical Education (AICTE) will be followed in the case of Engineering
Colleges and Technical Institutions in the State in connection with the
pay scales, qualifications of teaching staff, selection/promotion
procedures, academic matters or other specific issues.
185
(iii)
(III)
2.
3.
Thirdly, subject to approval by the State Government, the Scheme,
guidelines and clarifications issued by the ICAR from time to time will be
applicable in so far as the CCSHAU/Hisar is concerned.
Once having decided as above, it was resolved that the above principles
would be followed strictly. The general stream universities will not be allowed
to adopt the guidelines issued by the ICAR or followed by the CCSHAU only
on the ground that some of those may be more beneficial than the UGC
guidelines on the same subject. The same would hold good vice-versa.
Date of implementation of the Career Advancement Scheme and other benefits
i.e. the cutoff date:
(I)
Keeping in view the clarifications issued by the UGC, the Ministry of Human
Resource Development (MHRD) and the Indian Council for Agriculture
Research (ICAR) after the Scheme was initially notified by the
UGC/MHRD/ICAR, it was decided that the cut-off date for implementation of
the Career Advancement Scheme and other related benefits would remain as
27.7.98. Even though the cut-off date in respect of the Engineering
Colleges/Technical Institutions has been communicated as 09.10.1998 by the
All-India Council for Technical Education (AICTE), it was decided to keep
27/07/98 as the cut-off date in respect of AICTE covered institutions in the
state of Haryana. While all cases of promotions of teachers prior to this date
have to be processed under the old Career Advancement Scheme (CAS),
those on or after 27.07.98 would be decided in terms of the stipulations laid
down under the Revised Schemes.
(II)
The Vice-Chancellor, CCSHAU/Hisar informed that about 90 cases of
promotions of teachers had been processed and benefits given treating the
cut-off date as 01.01.1996 in CCSHAU before the clarifications regarding the
cut-off date of 27.7.98 were received. It was observed that the University was
bound by the guidelines/clarifications issued by the ICAR from time to time and
it could not choose to adopt and act only upon such of the subsequent
clarifications as were found to be more beneficial for the teachers. The
University will have to review all such cases, withdraw the benefits already
given and effect recoveries. It was made clear that the Standing Committee
could not recommend or decide separate yardsticks for different institutions,
especially where the issues in question were common. However, It was left
open to the Vice-chancellor to discuss the issues of various modalities to be
followed separately, if he so wished.
Counting of service in feeder cadres for placement in the higher/promotional
grades.
(I)
Para 11 of the Scheme notified by the Education Department vide its letter
dated 8.12.2000 deals with the subject of Career Advancement. Salient
features of Career Advancement Scheme effective from 27.7.98 are as under:―11.
(i)
Minimum length of service for eligibility to move into the grade of
Lecturer (Senior Scale) would be four years for those with Ph.D.,
five years for those with M.Phil and six years for others at the level
of Lecturer and for eligibility to move into the Grade of Lecturer
(Selection Grade)/Reader, the minimum length of service as
Lecturer (Senior Scale) shall be uniformly five years.
186
(ii)
For movement into grades of Reader and above, the minimum
eligibility criterion would be Ph.D. Those without Ph.D. can go up
to the level of Lecturer (Selection Grade).
(iii)
A lecturer will be eligible for placement in the senior scale of
Rs. 10000-15200, if she/he has completed 6 years of service after
regular appointment, with relaxation as provide in para 11(i).
(iv)
A lecturer (Senior Scale) will be eligible for placement in the
Selection Grade of Rs. 12000-420-18300 if she/he has completed
five years of service in the senior scale.
12.
Every lecturer in the senior scale working in the universities will be
eligible for promotion to the post of Reader in the scale of Rs. 1200018300 if he/she has completed five years of service in the senior scale.
(Provided he/she is a Ph.D).
15.
Professor (Promotion)
In addition to the sanctioned posts of Professors, which must be filled in
through direct recruitment through all India advertisements, promotions
may be made from the post of Reader to that of Professor after 8 years
of service as Reader.
16.
Cut off Date:
The above Career Advancement Scheme for college and university
teachers shall become effective w.e.f. 27.07.98.
17.
(inserted in the Scheme vide Education Department letter dated
07.02.2001)
(v)
If the number of years required in a feeder cadre are less than
those stipulated in the notification, thus entailing hardship to those
who have completed more than the total number of years in their
entire service for eligibility in the cadre, the teacher may be placed
in the next higher cadre after adjusting the total number of years.
―This situation is likely to arise as in the earlier scheme, the
number of years required in feeder cadre were much more than
those envisaged under this notification.‖
(II)
Further, the UGC has conveyed to the Registrars of Universities vide its letter
dated 5th October, 2000 as under :
―The Commission has decided that 8 years service as Reader in the scale
of Rs. 3700-5700 (Revised Rs. 12000-18300) must remain the minimum
eligibility for consideration of promotion from Reader to the post of
Professor under Career Advancement Scheme‖.
Similar clarification has been issued by the ICAR vide its letter bearing
No. F.No. 21-10/99-Per.IV dated 19th April, 2001.
187
(III)
The addition of para 17(v) as circulated by the Government in Education
Department vide its memo No. 1/1/99 Edu.I(1) dated 27.02.2001 has given
rise to some doubts about computation of the service in the feeder cadres for
the purposes of grant of promotional grades. It is being felt in certain sections
that provisions under Para 17(v) have an over-riding effect over the provisions
contained in paragraphs 11, 12 and 15 above even though Education
Department has further clarified vide its letter No. 1/1/99 Edu.I(1) dated
21.03.2001 as follows :“in addition to the sanctioned position of Professors, which must be filled in
through direct recruitment through all India advertisements, promotions may
be made from the post of Reader to that of Professor after 8 years of service
as Reader in the pay scale of Rs. 3700-5700 (Revised Rs. 12000-18300).”
(IV)
In view of the above, it has been considered essential to clarify and explain the
issues involved in the matter. A reading of the paragraphs produced above
lead to the following general conclusions:(a)
Para 17(v) is not relevant/applicable in case of Teachers who have
joined service with the Ph.D. on or before 27.07.1994 with M. Phil on or
after 27.07.1993 and without Ph.D. on or after 27.07.1992.
(b)
Para 17(v) is not applicable to Readers/Associate Professors seeking
promotion as Professors under the Career Advancement Scheme in
view of the subsequent clarification date 5th October, 2000 issued by
the UGC and also followed by the ICAR. Thus it is clear that in order to
be considered eligible for promotion as a Professor with the New Career
Advancement Scheme, the teacher must have completed 8 years
service as a Reader/Associate Professor in the scale of 3700-5700
(unrevised)/ 12000-18300 (revised).
(Note : The Higher Education Commissioner would take up the matter
with the UGC/MHRD regarding the date of title of promotion as
Professor-Whether it takes effect from the date of teacher completes
eight years service as a Reader or from the date his case for promotion
is approved by the competent authority.)
(b)
(V)
Para 17(v) is also not applicable to the teachers whose case have been
considered for grant of Selection Grade and who have been granted
Selection Grade under the Career Advancement Scheme of 1986 i.e.
with effect from a date prior to 27.7.98.
Having considered the issues and implications involved in each of these
propositions in depth, and with the above stipulation, the Committee decided
on following principles to be followed by the Higher Education Department in
the Government/Universities/Colleges and other Institutions wherever these
revised schemes are applicable. Subject to fulfilment of all other conditions
and requirements for grant of Senior Scale/Selection Grade :(a)
the case of teachers, who are without Ph.D. or M. Phil. for grant of
Senior Scale/Selection Grade are to be considered on completion of
total eligible service of 6/11 years or as on 27/07/98, whichever is later.
188
(b)
the cases for grant of Senior Scale/Selection Grade to these teachers
who have joined service with Ph.D. qualification are to be considered on
completion of total eligible service of 4/9 years as on 27/07/98 whichever
is later.
(c)
the cases of teachers, who join service with M.Phil. for grant of Senior
Scale/Selection Grade are to be considered on completion of a total of
5/10 years service or as on 27/07/98 whichever is later.
(d)
The most contentious issue is in respect of those teachers who
complete/acquire Ph.D. Degree while in service. In the first instance, as
regards the material date for completion of Ph.D., it has been decided
that it will be as per the clarification issued by the Education Department
vide DHE Memo. No. 7/2-2000-C-IV(3) dated 30.01.2001 to say that it
means the date of issue of notification to the effect of completion of
Ph.D. Secondly, the issue regarding the date of entitlement of grant of
Sr. Scale/Selection Grade in this category of cases was discussed in
detail. It was observed that the main guiding factor in such cases was to
test the old cases on the touchstone of the revised scheme of CAS. The
intention behind giving benefit of service rendered in feeder cadres
could not be interpreted to mean that in the old cases, a benefit higher
than what is admissible under the new CAS could be given while
deciding the old cases. Hence, a conscious decision has been taken
that the eligibility date in these cases should be decided following the
method explained as under:
(i)
A lecturer, who completes Ph.D. within four years of joining the
service, could be considered eligible for grant of Selection Grade
on completion of 9 years total service or as on 27/07/98,
whichever is later.
(ii)
A lecturer, who completes Ph.D. after 4 years service but before
5 years, could be considered eligible for grant of Selection Grade
after completion of service of 9 years + the period taken beyond
four years for completion of Ph.D. or as on 27/07/98, whichever is
later.
(iii)
A lecturer, who completes Ph.D. anytime beyond five years
service could be considered eligible for grant of Selection Grade
on completion of total ten years service + the period taken for
completion of Ph.D. beyond five years subject to a maximum of
11 years total service or as on 27/07/98, whichever is later.
(iv)
A lecturer, who completes Ph.D. after completion of 6 years
service could be considered eligible for grant of Selection Grade
on completion of total 11 years service or as on 27/07/98,
whichever is later.
All the Universities/Colleges should fix/re-fix the date of grant of Sr. Scale/ Selection
Grade under the Scheme in the manner explained above. Some illustrations are given in
Annexure ‗A‘ to further explain the principles enunciated above so as to leave no scope for any
doubt/ambiguity in the matter.
189
4.
Stepping-up of Pay :
(I)
There is no provision in the Scheme issued by the Agriculture Department on
the issue of stepping-up whereas the same forms a part of the Notification
issued by the Education Department. However, keeping in view the
subsequent clarifications issued by the ICAR, these issues are common to all
the institutions and, hence, the decisions taken herein will be applicable in all
the institutions in this respect.
(II)
Annexure V to the Scheme as notified by the Education Department vide its
letter dated 8.12.2000 contains the formula for fixation of pay in the revised
pay scales. Note 4 and 5 under Para II of Annexure V are relevant in this
case. These paragraphs are reproduced as follows :
“4.
Wherein the fixation of pay under sub clause II above, pay of a teacher,
who in the existing scale was drawing immediately before the 1st day of
January, 1996 more pay than another teacher Junior to him in the same
category, gets fixed in the revised scale at a stage lower than that of
such Junior, his pay shall be stepped up to the same stage in the
revised scale as that of the Junior.
5.
In cases, where a senior teacher promoted to a higher post before the
1st day of January, 1996 draws less pay in the revised scale than his
Junior who is promoted to the higher post on or after the 1st day of
January, 1996, the pay of the senior teacher should be stepped upto on
amount equal to the pay as fixed for his Junior in that higher post. The
stepping up should be done with effect from the date of promotion of the
Junior teacher subject to the fulfilment of the following conditions,
namely :
(a) both the Junior and the senior should belong to the same category
and the post in which they have been promoted should be identical
in the same category.
(b) The pre-revised and revised scales of pay of the lower and the
higher posts in which they are entitled to draw pay should be
identical.
(c)
The Senior teacher at the time of promotion has been drawing
equal or more pay than the junior.
(d) The anomaly should be directly as a result of the application of
provisions of fundamental Rule 22 or any other rule or order
regulating pay fixation on such promotion in the revised scale. If
even in the lower post the junior officer was drawing more pay in
the pre-revised scale than the senior by virtue of any advance
increment granted to him provision of this note need not be invoked
to step up the pay of the senior teacher.”
(III)
The language of para 4 reproduced above makes it clear that it deals with
cases of teachers in employment before 01/01996 and not those where one is
appointed before 01/01/96 and the other is appointed after 01/01/96.
(IV)
The general guiding principle for stepping up is provided in para 5(d)
reproduced above. It is clear that no stepping-up is admissible in cases where
190
the pay of the junior teacher becomes higher than that of the Senior on
account grant of advance increments at any stage.
(V)
5.
The manner in which the provisions of stepping-up should be applied is
explained with the help of illustrations given in enclosed Annexure ‗B‘.
However, for the purposes of clarity, lecturers and equivalents in the time
scale would constitute one cadre/category, lecturers in the Senior Scale and
equivalents would constitute another (second) cadre/category, and Lecturers
in the Selection Grade/Readers and equivalents would constitute the third
cadre/category.
Regarding grant of advance increments in lieu of Ph.D./M. Phil. at the time of
appointment/ in service.
(I)
(II)
Provisions regarding grant of advance increments are as under :
(i)
Every lecturer with Ph.D. or M. Phil., be it in the University or College,
gets four and two advance increments respectively at the time of initial
appointment.
(ii)
One increment will be admissible to those teachers with M. Phil. who
acquire Ph.D. within two years of recruitment.
(iii)
A lecturer with Ph.D. will be eligible for two advance increments when
he/she moves into Selection Grade/Reader.
(iv)
The benefit of two advance increments in lieu of Ph.D. degree will be
available to teachers who acquire Ph.D. degree in their service career
on or after 01/01/96 (now to be read as ―on or after 27.07.1998‖ in terms
of clarification issued by the ICAR and UGC respectively). However, the
increments would be admissible from the date of award of the Ph.D.
degree (This stands clarified by the Government in the Education
Department vide DHE Memo No. 7/2-2000-C-IV(3) dated 30.01.2001 to
say that it means the date of issue of notification to the effect of
completion of Ph.D.) or 27.7.98, whichever is later.
Before the above cases are discussed, following would also merit attention:
(i)
The ICAR has clarified vide its letter dated 28.03.2001 that this incentive
will be admissible w.e.f. 27.7.98. The UGC has followed suit and
clarified vide its letter No. F-5-3/2000 (PS) dated 31st August, 2001
addressed to Registrar, Kurukshetra University, Kurukshetra, ―that
teachers who acquired Ph.D. during service prior to 01.01.1996 and who
were not given the benefit of any advance increments as per the earlier
Career Advancement Scheme may now be given the benefit of two
advance increments. These shall, however, be applicable from 27.7.98.‖
Thus the effective date from which this benefit is admissible is 27.7.98
and not ―on or after 01.01.1996‖ as mentioned in para I(iv) above.
Hence, the provision in the Scheme notified by the Education
Department on 8.12.2000 should be deemed to have been modified to
this extent.
(ii)
Further, the clarification issued by the ICAR, in consultation with the
Union Finance Ministry, stipulates that the incentive for grant of two
increments is not admissible in case where Ph.D. is a necessary/
minimum eligibility condition for recruitment/appointment. Though a
clarification to this effect has not been issued by the UGC so far, the
191
Committee decided to adopt the same for all institutions as this view had
been taken by the Union Ministry of Finance (again a common factor)
while considering the issue. Ph.D. is an essential qualification for
promotion as a Reader (in KUK, MDU, GJU), Associate Professor (in
HAU), and Assistant Professor in the Engineering Colleges. And for the
posts of Professors in all Universities and Engineering Colleges whereas
it is not so in case of Lecturers (Selection Grade) in the Degree
Colleges. This implies that in the case of Universities, a lecturer
completing Ph.D. during service after grant of Selection Grade will not
be entitled to grant of two advance increments on this account as Ph.D.
is an essential qualification for the post of Reader/Associate
Professor/Assistant Professor and above.
(III)
Decisions in respect of provisions mentioned in para (I) above are as follows:
(i)
As regards para 5(I) (i) the provisions do not call for any explanations/
clarifications.
(ii)
The point mentioned under para 5(I) (ii) above is clarified that if a
lecturer, who Joins service with M. Phil, completes Ph.D. within two
years of Joining, he would be entitled to one increment but if the lecturer
completes Ph.D. after two years of Joining service, he will not be getting
any increments on this account. The rationale is that the said teacher
has already been given the benefit of two advance increments at the
time of Joining in lieu of M.Phil.
(iii)
As regards para 5(I) (iii), it is clarified that the cut-off date for the grant of
this incentive will also be on or after 27.7.98. In cases where the dates
of completion of Ph.D. and that of grant of Selection Grade are
simultaneous on a particular date on or after 27.7.98, the teacher will be
entitled to only two advance increments in the Selection Grade on
account of movement into Selection Grade with Ph.D. His increments on
account of in-service Ph.D. would get subsumed in this case. In effect, it
means that the teacher has actually completed Ph.D. while being in the
Senior Scale and be gets two increments in the Senior Scale on this
account. As a next step, he is granted Selection Grade and his advance
increments in the Senior Scale get subsumed while fixing his pay in the
Selection Grade. And then, he gets two increments in the Selection
Grade on account of movement into the Selection Grade with Ph.D. if
the Selection Grade is granted on or after 27.7.98 under the new CAS.
(iv)
Para 5(I) (iv) provides that benefit of two advance increments will be
available to teachers who acquire Ph.D. Degree in their service career
on or after 01/01/96. Following decisions have been taken in this
respect:
(a)
The expression ―on or after 01.01.1996‖ is to be read as ―on or
after 27.07.1998‖ in terms of clarifications issued by the ICAR
and UGC respectively.
(b)
The Scheme provides that the increments would be admissible
from the date of award of the Ph.D. degree. This stands clarified
by the Government in the Education Department vide DHE Memo.
No. 7/2-2000-C-IV(3) dated 30.01.2001 to say that it means the
date of issue of notification to the effect of completion of Ph.D.
192
(c)
It has been decided that this incentive will be admissible to all the
teachers provided the post held by them on the aforesaid date of
[27.7.98] (or the date of Ph.D. Degree if it falls after 27.7.98) does
not require them to have a Ph.D. as a must/minimum eligibility
condition for recruitment/appointment/promotion. Ph.D. constitutes
an essential qualification for the post of a Reader in the general
Universities/Associate Professor in the CCSHAU/Assistant
Professor in the Engineering Colleges, for the post of Principal of
a College and Professors in all institutions. That being so,
teachers in the Universities and Engineering Colleges would not
be entitled to the grant of two advance increments on account of
completion of Ph.D. during service after he has been granted the
Selection Grade.
(d)
Following from the decision as mentioned sub-para (c) above, it
has also been decided that a lecturer (Selection Grade) in a
Degree College will not be entitled to the grant of this incentive
after he has been granted the Selection Grade for the following
reasons:
*
It would not be in order to place a lecturer (Selection Grade)
in a College in a position of greater financial advantage as
compared with a Lecturer (Selection Grade) in the
Universities.
*
The Revised Scheme of pay scales has an in-built provision
for giving a Jump of two increments to every non-Ph.D.
teacher (who does not move into Selection Grade with Ph.D.
and hence does not get two increments at the initial stage of
fixation of pay in the Selection Grade) after placement in the
Selection Grade on completion of five years service in the
Selection Grade when he is actually drawing pay at the stage
of Rs. 14100/- and his pay is fixed at the stage of Rs. 14940/*
Grant of this incentive, after the teacher has been placed in
the Selection Grade, would amount to according a premium
on lethargy and an incentive for not doing Ph.D. at an early
stage of one‘s career. But for this stipulation, it would be most
advantageous for a teacher financially to complete his Ph.D.
after his pay is fixed at the stage of Rs. 14940/- (in the
Selection Grade). This is borne out from the fact that a
teacher who joins service with Ph.D. gets four advance
increments for a period of four years along with two years
advantage for grant of Senior Scale, one who completes the
same after grant of Senior Scale, he draws the advantage of
two advance increments for a maximum period of less than
ten years (less than five years in the Senior Scale and five
years in the Selection Grade) but one who completes Ph.D.
after having been fixed at the stage of Rs. 14940/- (which
happens on completion of 16 years service) he would enjoy
the financial gain for a period of more than 14 years i.e. till his
superannuation. And this is not the intention of the Scheme.
193
Keeping the foregoing in view, the Standing Committee was
of the considered view that the Higher Education
Commissioner should approach the UGC/MHRD to seek a
clarification in the matter raising all the issued pertinent in the
matter as discussed above. While the decision on this issue
would be subject to review at a later stage if the clarifications
received from the UGC/MHRD are contrary to the decision
taken by the Committee, it has been decided that pending a
clarification in the matter, cases should be decided on the
lines decided by the committee i.e. that no advance
increments would be admissible for completing Ph.D. during
service after a teacher has been granted the Selection
Grade.
(IV)
6.
(e)
A related issue could arise as to whether a teacher would be
entitled to grant of two increments under the provision of
―movement into Selection Grade/Reader with Ph.D.‖ in case he
completes Ph.D. after the grant of Selection Grade. The answer
is in the negative because the teacher is not Ph.D. at the time
he/she moves into Selection Grade in this case.
(f)
It has further been decided that where a teacher has completed
Ph.D. during service and has been granted Senior Scale/Selection
Grade under the old CAS (i.e. prior to 27.7.98), he will be entitled
to two advance increments in lieu of Ph.D. during service with
effect from 27.7.98. In the case of those teachers who have
completed Ph.D. during service and have been granted Selection
Grade under the old CAS, they will start getting the benefit of two
increments for in-service Ph.D. w.e.f. 27/07/98 but they will not get
the benefit of two increments on account of movement into
Selection Grade with Ph.D. this is because the provision to this
effect was not a part of the old CAS under which he was granted
the Selection Grade. To further clarify, only one benefit of two
increments would be admissible to such teacher w.e.f. 27/7/98
(g)
In the case of teachers who Joined service with Ph.D. and who
were granted Selection Grade under the old CAS and who were
not entitled to the benefit of fixation of pay at the stage of
Rs. 14940/- on or before 27.7.98, they will not be entitled to the
benefit of two advance increments w.e.f. 27.7.98 on account of
movement into Selection Grade with Ph.D. The rationale is that
they have already enjoyed the benefits of advanced increments in
lieu of Ph.D. at the time of joining service, enjoyed the Senior
Scale at an advanced point in time and the problem of higher pay
of the Junior teachers would be over the moment their pay is fixed
at the stage of Rs. 14940/-
The principles for administering the Scheme of grant of advance increments
have been delineated above. These are further explained with the help of
illustrations as contained in Annexure ‗C‘.
Regarding advance increments on the recommendations of the Selection
Committee :
(I)
The Vice-chancellor, GJU/Hisar raised this issue i.e. in certain cases, the
Selection Committees had recommended grant of advance increments at the
194
time of selection of candidates for various posts. These increments had been
recommended while the pay was still being drawn in unrevised scales, say
between 01.01.1996 and the respective dates of notification of revised scales.
The issue is as to whether these increments should be in the revised scales or
unrevised scales.
(II)
The matter was discussed in detail and following decisions were taken :(i)
In the case of advance increments recommended in cases where
selections were made on or after 01.01.1996, such advance increments
would be admissible in the revised scales.
(ii)
In cases, where the interviews were held prior to 01.01.1996, the
candidates joined in the institutions on or before 31.12.95 and availed of
the advance increments, may be even for a single day, these would get
subsumed while fixing his pay in the revised scales as on 01.01.1996.
(iii)
However, take a case where the selections were made, say on
23.12.1995, two candidates were selected and the Selection Committee
had recommended advance increments in both the cases. Appointment
letters were issued, say on 27.12.95. One of them joined on 29.12.95
and the other person joined, say on 02.01.1996. In the first case,
advance increments would get subsumed while fixing his pay in the
revised scales as on 01.01.1996 while, in the second case, the
increments would be admissible in the revised scales. The Committee
was conscious of the hardship it would result in for the candidate joining
on or before 31.12.95, yet the Committee observed that such fortuitous
circumstance were bound to arise around the cut-off dates and could not
be helped as a matter of principle.
195
ANNEXURE ‗A‘
Subject : Counting of Service in feeder cadres for placement in the higher/ promotional
grades.
Illustrations :
Note of caution: It has been stated in the illustrations that ‗X‘ would get his Senior
Scale/Selection Grade on _____ date. This statement in all the illustrations is subject to such
lecturer meeting all other criteria laid down for assessment e.g. qualifying eligible service,
satisfactory appraisal reports, Orientation/Refresher Courses etc. etc.
(A)
Those with Ph.D. at the time of joining service :
The cases for grant of Senior Scale/Selection Grade are to be considered on
completion of total service of 4/9 years respectively or as on 27/07/98, whichever is
later.
(B)
(1)
‗A‘ joined as a Lecturer with Ph.D. on 1.7.84. He was granted Senior Scale of
Rs. 3000-5000 on 1.7.89 (three years benefit under the Career Advancement
Scheme of 1986). He completed 8 years service in Senior Scale as on
01.07.1997. His case for grant of Selection Grade would be covered under the
CAS of 1986 and he does not get any benefit under the new CAS which has a
cutoff date as 27.7.98.
(2)
‗B‘ joined as a Lecturer with Ph.D. on 1.7.90. He was granted senior scale of
Rs. 3000-5000 on 1.7.95 after completion of five years service (three years
benefit due to Ph.D. under the Career Advancement Scheme of 1986). Even
though, he would complete 5 years service in Senior Scale as on 01.07.2000
yet the benefit of relaxation of feeder service under para 17(v) will be
admissible to him and he would be eligible for grant of selection grade on
completion of total 9 years service. Thus, subject to fulfilment of other criteria,
he would be eligible for grant of selection grade as on 1.7.99.
(3)
‗C‘ joined as a Lecturer with Ph.D. on 1.7.87. He was granted senior scale of
Rs. 3000-5000 on 1.7.92 on completion of five years service (three years
benefit in lieu of Ph.D. under the Career Advancement Scheme of 1986).
Though he completed 5 years service in the Senior Scale as on 01.07.1997,
yet he would be eligible for grant of Selection Grade w.e.f. 27.7.98, that being
the cutoff date for introduction of new CAS.
Those with M. Phil. at the time of joining service :
The cases for grant of Senior Scale/Selection Grade are to be considered on
completion of a total of 5/10 years service respectively or as on 27/07/98, whichever
is later.
(1)
‗X‘ joined as a Lecturer with M. Phil. on 1.7.87. He was granted Senior Scale
of Rs. 3000-5000 on 1.7.94 (one year benefit in lieu of M. Phil, under the CAS
of 1986). He would complete 5 years service in the Senior Scale as on
30.6.99. However, the benefit of relaxation in feeder cadre service would be
admissible to him under para 17(v). Since he would have completed a total of
more than 10 years service as on 27.7.98, he would be eligible for grant of
196
Selection Grade w.e.f. 27.7.98. Thus, he would be eligible for grant of
Selection Grade by giving him the benefit of relaxation in the requisite 5 years
of service in the feeder cadre of Senior Scale under para 17(v).
(2)
(C)
(D)
‗Y‘ joined as a Lecturer with M.Phil. on 1.7.91. He was granted Senior Scale of
3000-5000/10000-15200 on 1.7.98 under the CAS of 1986 (one year benefit in
lieu of M.Phil degree). He would be completing five years service in the Senior
Scale on 30.06.2003. However, he will be eligible for grant of Selection Grade
as on 01.07.2001 (i.e. on completion of total 10 years service) even though he
was completed only three years service in the Senior Scale as on this date.
This is because he would be given the benefit of relaxation in feeder cadre
service under para 17(v) and would be eligible for grant of Selection Grade on
completion of total service of 10 years (five years under the new CAS for grant
of Senior Scale for those with M.Phil. and another 5 years in the senior scale
for grant of selection grade.)
Those who complete Ph.D. during service :
(1)
‗X‘ joined as a Lecturer without Ph.D. on 1.7.88. In normal course, he would
have been entitled to be considered for grant of senior scale on completion of
8 years service i.e. on 01.07.1996. However, he completed his Ph.D. as on
30.10.95 and was as such granted senior scale w.e.f. 01.11.1995 under the
CAS of 1986 (benefit on account of Ph.D. in this case is available only to the
extent of 9 months). He would complete five years service in the senior scale
as on 30.10.2000. However, the benefit under para 17(v) would be admissible
to him and he would be eligible for grant of selection grade on completion of
total
11 years service i.e. with effect from 1.7.99.
(2)
‗Y‘ joined service as a Lecturer without Ph.D. as on 1.4.88. He was granted
senior scale on 01.04.1996 on completion of eight years service under the
CAS of 1986. The teacher also completed Ph.D. on 31.10.1997. Provisions of
para 17(v) would be applicable in his case and he would be entitled to grant of
selection grade with effect from 1.4.99 on completion of 11 years total service.
(3)
‗Z‘ joined service as a Lecturer on regular basis with M.Phil, as on 01.04.1988.
He was granted Senior Scale on 01.04.1995 on completion of seven years
service under the CAS of 1986 (benefit of one year in lieu of M.Phil.) He also
completed Ph.D. as on 01.10.1997 i.e. in the 9th year of service. However, the
benefit under para 17(v) would be admissible to him and he would be eligible
for grant of selection grade on completion of total 10 years service under the
new CAS. Since the cut-off date for the new CAS is 27.7.98, he would be
eligible for grant of selection grade as on 27.07.98 even though he completed
10 years service on 1.4.98.
Lecturers without M.Phil. or Ph.D.
There is no ambiguity regarding those who are without Ph.D. or M. Phil. Their cases
for grant of Senior Scale/Selection Grade are to be considered on completion of total
service of 6/11 years or as on 27.7.98, whichever is later.
(1)
‗X‘ joined as a Lecturer on 1.10.1986. He was granted Senior Scale on 1.10.94
on completion of eight years service under the CAS of 1986. He will be
197
completing five years service in the Senior Scale as on 1.10.1999. The benefit
of para 17(v) will be admissible to him and he will be eligible for grant of
Selection Grade on completion of a total 11 years service. In this case, he
completes
11 years service on 1.10.1997, a date when the new CAS is not in existence.
He will, thus, be considered for grant of Selection Grade under the new CAS
with effect from 27.07.1998.
(2)
‗Y‘ joined service as a lecturer on 1.7.90. He was granted Senior Scale on
completion of 8 years‘ service on 1.7.98 under the old CAS of 1986. He will
complete 5 years service in the Senior Scale as on 30.06.2003 under the new
CAS and would have been eligible for grant of Selection Grade on this date
but for the provisions of para 17(v). Had he been recruited after introduction of
the new scheme, he would have been eligible for grant of Selection Grade on
completion of total 11 years service including 5 years service in the senior
scale. Therefore, now, he will be eligible for grant of Selection Grade as on
01.07.2001 i.e. by way of relaxation in the requisite number of years service in
the feeder cadre and would be eligible for the same on the day he completes
11 years service in total.
198
ANNEXURE ‗B‘
Illustrations regarding Stepping-up of pay and illustrations thereon
1.
2.
Cases of the teachers appointed before 01.01.1996
(a)
‗A‘ joined on 01.12.94 with Ph.D. in the pay scale of Rs. 2200-4000 and was
drawing Basic Pay of Rs. 2500/- as on 31.12.95. His pay was fixed at the
state of Rs. 8275/- in the revised scale of Rs. 8000-13500 with effect from
01.01.1996 with the next date of increment being 01.12.1996 and raising his
basic pay to Rs. 8500/- as on 01.12.1996. Another teacher ‗B‘ is appointed on
01.03.95 and he is also Ph.D. ‗B‘, thus junior to ‗A‘, was drawing a basic pay of
Rs. 2425/- in the pay scale of Rs. 2200-4000 as on 1.3.95. His pay was also
fixed at the stage of Rs. 8275/- as on 01.01.1996 in the revised scale of Rs.
8000-13500. However, his next increment would be due on 01.03.1996 and he
would start drawing a basic pay of Rs. 8500/- with effect from 01.03.1996
thereby creating a case of anomaly arising out of pay fixation. This would be a
valid case of stepping up for ‗A‘. The basic pay of teacher ‗A‘ will be stepped
up to Rs. 8500/- as on 01.03.1996, the day his junior‘s pay becomes higher,
with his next date of increment also shifted to 01.03.97.
(b)
‗C‘ joined as a Lecturer without Ph.D. on 01.03.93 and was drawing a basic
pay of Rs. 2350/- in the scale of Rs. 2200-4000 as on 1.3.95. His pay was
fixed at the stage of Rs. 8000/- in the revised pay scale Rs. 8000-13500 as on
01.01.1996 which further got raised to Rs. 8275/- as on 01.03.1996 on account
of annual grade increment. Another lecturer ‗D‘, with Ph.D., joined on
01.03.95. He was drawing a basic pay of Rs. 2425/- (three advance
increments in lieu of Ph.D.) as on 31.12.95 and his pay was fixed at the stage
of Rs. 8275/- as on 01.01.1996 in the revised pay scale of Rs. 8000-13500
which got further raised to Rs. 8550/- as on 01.03.1996 on account of annual
grade increment. Thus ‗C‘ was senior to ‗D‘ but was drawing lower pay than
his junior in the pre-revised scale also. Since the pay of the junior was higher
on account of advance increments, and continued to be higher even with effect
from 01.01.1996, the pay of the senior will not be stepped-up in this case.
Cases of teachers promoted to higher posts before 01.01.1996
(a)
‗X‘ joined as a lecturer with Ph.D. on 01.06.90. He was granted Senior Scale
on 01.06.95 and his pay was fixed at the stage of Rs. 3000/- in the pay scale
of Rs. 3000-5000 on 01.06.95. Again, his pay was fixed at the stage of Rs.
10,000/- on 01.01.1996 in the revised scales. His pay further got raised to Rs.
10325/- on 01.06.1996, to Rs. 10650/- on 01.06.97, Rs. 10975/- on 01.06.98
on account of annual grade increments in the scale of Rs. 10000-15200. He
would be eligible for grant of Selection Grade as on 01.06.99 under the new
CAS (on completion of total 9 years service) and his pay will get fixed at the
stage of Rs. 12840/- (Rs. 12000 + 840) in lieu of two increments on account of
movement into Selection Grade with Ph.D.)
On the other hand, ‗Y‘ joined as a lecturer on 01.07.90 without Ph.D. He
was thus junior to ‗X‘. He completed Ph.D., say, on 20.08.95 and was awarded
Senior Scale with effect from 20.08.95. His pay was fixed at the stage of
Rs. 3000/- in the scale of Rs. 3000-5000 on that day. His pay was again fixed
at the stage of Rs. 10,000/- in the revised scale of Rs. 10000-15200 as on
199
01/01/96. His pay would be raised in Rs. 10325/- Rs. 10650/- and Rs. 10975/as on 01/07/96, 01/07/97 and 01/07/98 respectively on account of annual
grade increments. He would be entitled to grant of two increments in lieu of
Ph.D. during service w.e.f. 27.7.98 raising his pay to Rs. 11625/- w.e.f.
27.7.98. Further, he will be eligible for grant of Selection Grade on 21/8/2000
(on completion of service of ten years + one month and 20 days under the new
CAS). His pay will get fixed at the stage of Rs. 12840/- (Rs. 12000/- + 840)
towards two increments on account of movement into Selection Grade with
Ph.D.
Thus the pay of the junior teacher gets fixed at a higher stage than that
of the senior teacher as on 27/07/98. However, the benefit of stepping up will
not be admissible to ‘X‘ in this case in view of provision in para 5(d). The
rationale is that ‗X‘ had already enjoyed three advance increments in lieu of
Ph.D. for a period of five in the time scale whereas the pay of ‗Y‘ becomes
higher on account of grant of two advance increments for doing Ph.D. during
service under the new Scheme ‗X‘ cannot be granted this benefit twice.
Moreover, ‗X‘ gets Selection Grade at an earlier point in time and he starts
drawing higher pay vis-à-vis his junior with effect from the day of grant of
Selection Grade i.e. 01/06/99.
(b)
‗C‘ joined as a lecturer on 01/12/90 with Ph.D. He was granted three advance
increments in lieu of Ph.D. and his pay was fixed at the stage of Rs. 2425/- in
the scale of Rs. 2200-4000. He was granted Senior Scale on completion of
five years service as on 01/12/95 under the old CAS. His pay was fixed at the
stage of Rs. 10000/- in the revised scale of Rs. 10000-15200 as on 01/01/96
which got further raised to Rs. 10325/- as on 01/12/96, Rs. 10650/- as on
01.12.1997, Rs. 10975/- as on 01.12.1998 in lieu of annual grade increment.
He would be eligible for grant of Selection Grade with effect from 01/12/99
under the new CAS on completion of nine years service. His pay will get fixed
at the stage of Rs. 12840/- as on 01/12/99 as he is moving into Selection
Grade with Ph.D.
On the other hand, ‗D‘ also joined as a lecturer on 01/12/90 but without
Ph.D. and was junior to ‗C‘. His pay was fixed at the minimum of the scale i.e.
Rs. 2200/- on that day. He completed his Ph.D. on 30/4/95. As a result, he
was granted Senior Scale w.e.f. 01/12/95 on completion of five years service
under the old CAS and his pay was fixed at the initial stage of Rs. 10000/- as
on 01/01/96 in the revised pay scale of Rs. 10000-15200 which further got
raised to Rs. 10325/- on 01/12/96, Rs. 10650/- as on 01/12/97 on account of
annual grade increments. He would further be eligible for grant of two
advance increments w.e.f. 27/07/98 for completing Ph.D. during service,
raising his basic pay to Rs. 11300/- w.e.f. 27/07/1998 and Rs. 11625/- w.e.f.
1/12/98 on account of annual grade increment. He would be eligible for grant
of Selection Grade on 01/12/99 under the new CAS on completion of 9 years
service as he completed Ph.D. within four years of joining service. His pay will
get fixed at the stage of Rs. 12840/- on 01/12/99 as he moves into Selection
Grade with Ph.D. (Rs. 12000/- + 840 towards two increments on account of
movement into Selection Grade with Ph.D.).
Thus the pay of the junior teacher gets fixed at the stage of Rs. 11300/w.e.f. 27/7/98 whereas the pay of the Senior as on this date is Rs. 10650/-.
Similarly, the senior is drawing a pay of Rs. 10975/- w.e.f. 01/12/1998 whereas
200
the junior starts drawing pay of Rs. 11625/- on this date. However, the benefit
of stepping up will not be admissible to ―C‖ in this case as he has drawn the
benefit of three advance increments in lieu of Ph.D. for a period of five years at
the time of joining service whereas ‗D‘ draws that benefit only for a period of
about 16 months. Both of them start drawing equal pay from the date of grant
of Selection Grade i.e. 01/12/99 in this case and the so-called anomaly ceases
to continue from this date.
3.
Case of two teachers, one appointed before 01.01.1996 and the other
appointed after 01.01.1996.
(a)
‗A‘ joined as a Lecturer (with Ph.D.) before 01.01.1996, say on 15th March,
1994, and he was drawing a basic pay of Rs. 2500/- in the pre-revised scale of
Rs. 2200-75-4000 on 31.12.1995 (three increments in lieu of Ph.D. under the
old Scheme). His pay would be fixed at the stage of Rs. 8275/- in the revised
scale (on 01.01.1996) of Rs. 8000-275-13500. His pay further got raised to
Rs. 8550/- as on 01/03/96 on account of annual grade increment.
On the other hand, ‗B‘ (with Ph.D.), appointed after 01.01.1996, say on
01.07.1996, would be getting an initial pay of Rs. 9100/- (due to grant of
4 advance increments in the revised scale of Rs. 8000-275-13500 under the
revised Scheme) as on 01.07.1996.
Thus, a lecturer appointed in March, 1994 (with Ph.D.) and thus senior,
will be drawing a basic pay of Rs. 8550/- as on 01.07.1996 whereas his junior
will be getting a basic pay of Rs. 9100/- on this date. The question is whether
the pay of ‗A‘ would be stepped up equal to that of ‗B‘. The answer is ‗No‘. The
rationale lies in the following :
(b)
*
The case is not covered under the guidelines of stepping-up. Note 4 or
5 (which deal with provisions for stepping-up) do not envisage any relief
for persons falling under this category. The anomaly has not arisen on
account of pay fixation. It would have been an anomaly if both ‗A‘ & ‗B‘
were in service as on 01.01.1996 whereas ‗B‘ has joined service after
the pay revision and gets four advance increments on account of
introduction of a new scheme of pay scales. Hence, it is a fortuitous
situation.
*
One of the grounds, rather the main ground, for stepping-up of pay is
rooted in the concept of loss on a perpetual basis. In this case, it is not
so as ‗A‘, in the first instance, has enjoyed three advance increments
from 15.3.94 till 31.12.95. Further, ‗B‘ would be drawing higher pay only
temporarily as ‗A‘ would be entitled to get the Senior Scale w.e.f.
27.07.98 and would start drawing higher pay than ‗B‘ whereas ‗B‘ would
be eligible for the Senior Scale with effect from 01.07.2000.
‗X‘ joined as a lecturer without Ph.D. on 15.6.94 with his next date of increment
as on 01.06.95. He was drawing a basic pay of Rs. 2275/- as on 31/12/1995
and his basic pay was fixed at the initial stage of Rs. 8000/- in the revised
scale of Rs. 8000-13500 as on 01.01.1996. His basic pay rose to Rs. 8275/as on 01.06.1996 on account of annual grade increment.
201
‗Y‘ joined as a lecturer (with Ph.D.) on 01.04.1996. He was thus junior
to ‗X‘ but his basic pay was fixed at the stage of Rs. 9100/- in the time scale of
Rs. 8000-13500 on account of four advance increments in lieu of Ph.D.
Thus the pay of the junior became higher than that of the senior
However, the benefit of stepping up would not be admissible in this case as
the pay of the junior is higher on account of advance increments granted in
lieu of Ph.D.
4.
Case of teachers, one promoted before 01.01.1996 and the other
promoted after 01.01.1996.
(a)
‗A‘ joined as a lecturer with Ph.D. on 01.07.82 and was granted Senior Scale
on 01.07.87 when his pay was fixed at the stage of Rs. 3000/- in the pay scale
of Rs. 3000-5000. He was further granted Selection Grade on 01.07.95 (on
completion of another 8 years in the Senior Scale) and his pay was fixed at
Rs. 3825+50 (pp) in the scale of Rs. 3700-5700. His pay was further revised
w.e.f. 01.01.1996 and fixed at Rs. 12000/- in the revised scale of Rs. 1200018300. He would be drawing pay at the stage of Rs. 12420/- as on
01.07.1996, Rs. 12840/- as on 01.07.97, Rs. 13260/- as on 01.07.98 and Rs.
13680/- as on 01.07.99, He would not be entitled to any advance increments
on account of movement into Selection Grade with Ph.D. as the Selection
Grade was granted under the old CAS. His pay will be fixed at the stage of Rs.
14940/- with effect from 01.07.2000 i.e. on completion of five years in the
Grade.
‗B‘ joined as a Lecturer without Ph.D. on 01.07.83 and was awarded Senior
Scale on 01.07.91 and his pay was fixed at Rs. 3000/- in the scale of Rs.
3000-5000. He completed Ph.D. during service i.e. on 20.10.95. As such, he
was granted Selection Grade w.e.f. 01.07.1996 under the old CAS and his pay
was fixed at the stage of Rs. 12000/- on this day. He was getting pay of Rs.
12420/- as on 01.07.97, and Rs. 12840/- as on 01.07.98. He would be entitled
to grant of two advance increments for completing Ph.D. during service w.e.f.
27.07.98 raising his pay to Rs. 13680/- as on 27.07.1998 whereas the pay of
his Senior ‗A‘ is Rs. 13260/- as on this date. ‗B‘ would continue to draw higher
pay than that of ‗A‘ till 30.06.2000 but ‗A‘ would again start drawing higher pay
than ‗B‘ with effect from 01.07.2000. Thus the pay of ‗B‘ becomes higher
temporarily on account of grant of advance increments and thus the pay of ‗A‘
will not be stepped up in this case.
(b)
‗X‘ joined as a Lecturer with Ph.D. on 01.07.85 and was awarded Senior Scale
on 01.07.90 and his pay was fixed Rs. 3000/- in the scale of Rs. 3000-5000.
He was granted Selection Grade on 01.07.98 under the old CAS. His pay was
thus fixed at the stage of Rs. 12000/- w.e.f. 01.07.98, further raising his pay to
Rs. 12420/- w.e.f. 01.07.99, Rs. 12840 w.e.f. 01.07.2000, and Rs. 13260/w.e.f. 01.07.2001 on account of annual grade increments in the scale of Rs.
12000-18300. Further, his pay will be fixed at the stage of Rs. 14940/- w.e.f.
01.07.2003 as he would be completing five years in the grade on that date.
‗Y‘ joined as a lecturer without Ph.D. on 01.09.85 and was granted Senior
Scale on 01.09.93 when his pay was fixed at the stage of Rs. 3000/- in the pay
scale of Rs. 3000-5000. He completed Ph.D. on 30.10.97 and was granted
Selection Grade on 27.07.98 under the new CAS. His pay was fixed at the
202
stage of Rs. 12840/- (on account of grant of two increments on account of
movement into Selection Grade with Ph.D.) w.e.f. 27.07.98. However, he will
reach the stage of Rs. 14940/- as on 01.08.2003 whereas the Senior ‗X‘ would
start drawing this pay w.e.f. 01.07.2003. However, the pay of the junior
became higher vis-a-vis the senior with effect from 27.7.98 and the junior
would keep on drawing higher pay till 01.07.2003.
The question is as to whether stepping-up would be admissible in this case.
The answer is no. Rationale lies in the fact that (i) the Senior had drawn
benefit of higher pay in lieu of Ph.D. at the initial stage in service, (ii) then got
Senior Scale three year in advance on account of Ph.D. and enjoyed the same
for this period, and lastly (iii) because the anomaly is for a temporary period
arising on account of grant of advance increments and would be taken care of
at the time of fixation on of pay at the stage of Rs. 14940/-.
203
ANNEXURE ‗C‘
Illustrations regarding grant of advance increments in lieu of
completion of Ph.D. in service
Example 1 :
A college lecturer joined service as such on 1.6.80. He was not a Ph.D. at the time of
joining service. He was granted Senior scale on completion of 8 years service under the Career
Advancement Scheme of 1987 as on 1.6.88. Further, the teacher acquired Ph.D. Degree during
service, say on 30th June, 1994. On acquiring the Ph.D. Degree, the teacher also became
eligible for grant of the Selection Grade and the Selection Grade was granted to him on 1st July,
1994. His case would be dealt with as under :
(i)
Basic Pay as on 1/6/88 on grant of Sr. Scales Rs. 3000/- in the scale of
Rs. 3000-5000.
(ii)
Basic Pay as on 01/07/94 in Senior Scale Rs. 3625/-
(iii)
Basic Pay as on 01/07/94: Rs. 3700/- in the Selection Grade of Rs. 37005700.
(iv)
His pay is revised on 01.01.1996 in the Revised Selection Grade of 1200018300 and the pay is fixed at Rs. 12000/-
(v)
He is allowed two increments in this scale in lieu of his having acquired Ph.D.
Degree in service with effect from 27.07.98. He will not get any benefit of two
increments on account of ‗movement into selection grade with Ph.D.‘ as the
Selection Grade was granted to him under the old scheme where this benefit
was not admissible.
Example 2 :
A Lecturer joined service on 1/6/83 without Ph.D. He was granted the Senior Scale
on 1/6/91 on completion of 8 years services in the time scale and his pay was fixed at
Rs. 3000/-. His pay was fixed in the corresponding revised scale of Rs. 10000-325-15200 at the
stage of Rs. 10,325/- on 01.01.1996. He completed Ph.D. Degree on 31.03.1996. He would be
eligible for grant of Selection Grade on 12000-18300 as on 01.06.1996 (under relaxation
admissible under the old CAS). His pay gets fixed at Rs. 12000/- in the pay scale of Rs. 1200018300 as on 01.06.1996. He would be entitled to grant of two increments in lieu of completion of
Ph.D. during service w.e.f. 27.7.98.
Example 3 :
A College Lecturer joins service on 1.6.92. He acquires Ph.D. Degree on 31.03.1996
and is granted Senior Scale w.e.f. 01.06.97 under the old CAS and his pay is fixed at the stage
of Rs. 10,000/- in the scale of Rs. 10000-15200. He further gets two increments in the Senior
Scale of Rs. 10000-15200 as on 27.7.98. He becomes eligible for grant of Selection Grade
w.e.f. 01.06.2001 on completion of 9 years service as he completed Ph.D. within four years of
joining. His pay would get fixed at the stage of Rs. 12840/- on this date as he moved into
Selection Grade with Ph.D.
Example 4 :
‗A‘ joins University Service as a lecturer on 15.07.94 without Ph.D. and his pay is
fixed at the stage of Rs. 2200/- in the pay scale of Rs. 2200-4000. He is drawing pay at the
204
stage of Rs. 8275/- with effect from 01.07.1996 on account of annual grade increment. He
acquires Ph.D. degree on 30.10.1996 and would be entitled to grant of Senior Scale w.e.f.
27.07.98 under the new CAS, the situation in this case will be under :(i)
Basic Pay as on 26.07.98: Rs. 8825/- in the scale of Rs. 8000-13500.
(ii)
Grant of two advance increments w.e.f. 27.7.98 in lieu of Ph.D. during service,
thereby raising his Basic pay to Rs. 9375/- in the pay scale of Rs. 8000-13500.
(iii)
Grant of Senior Scale as on 27.7.98 under the new CAS and fixation of pay at
the stage of Rs. 10,000/- in the senior scale of Rs. 10000-15200.
Thus, in effect, he will not be getting two advance increments with effect from
27.07.98 in the Senior Scale in lieu of Ph.D. and his pay is fixed at the stage of Rs. 10,000/- in
the Senior Scale. Thus this is because, technically, he is first granted two increments in lieu of
Ph.D. in the time scale and then he is granted Senior Scale on the same day. Thus his two
increments in lieu of Ph.D. get subsumed at the time of grant of Senior Scale. However, at the
time of grant of Selection Grade with effect from 15.07.2003, his pay will get fixed at the stage
of Rs. 12840/- on account of movement into Selection Grade with Ph.D.
Example 5 :
‗A‘ joined University Service as a lecturer on 15.7.88 without Ph.D. and his pay was
fixed at the stage of Rs. 2200/- in the pay scale of Rs. 2200-4000. He is granted Sr. Scale on
15.07.1996 on completion of 8 years service under the old CAS. He completed Ph.D. during
Service as on 30.6.98. He would be entitled to grant of two increments w.e.f. 27.7.98 in the
Senior Scale on account of completion of Ph.D. during service. Further, he would be entitled to
grant of Selection Grade w.e.f. 27.7.99 on completion of 11 years service and his pay would be
fixed at the stage of Rs. 12840/- on account of movement into Selection Grade with Ph.D. in the
Selection Grade/Reader‘s Scale of Rs. 12000-18300.
Example 6 :
A lecturer (without Ph.D.) gets Selection Grade as on 27.7.98 on completion of more
than 11 years‘ service. He completes Ph.D., say, on 30.10.99 i.e. after the grant of Selection
Grade. He will not be entitled to grant of any increments on this account for completion of Ph.D.
after grant of Selection Grade. However, in the case of University, he would be entitled to the
designation of Reader on completion of Ph.D. In the case of Colleges, he would continue to be
a Lecturer (Selection Grade). The lecturer would be entitled to fixation of pay at the stage of Rs.
14940/- on completion of five years in the Selection Grade.
Example 7 :
A lecturer (without Ph.D.) was granted Selection Grade on 30.10.95. His pay was
fixed at the stage of Rs. 14940/- on 30.10.2000 on completion of five years in the grade. He
completes Ph.D. on 31.03.2001. Will he be entitled to two advance increments at the stage?
The answer is ‗No‘. As per the decision taken, one is not entitled to grant of increments in lieu of
Ph.D. during Service after grant of Selection Grade.
205
Stages of Pay Scales
Stage
8000-275-13500
10000-325-15200
12000-420-18300
Initial
8000
10000
12000
First
8275
10325
12420
Second
8550
10650
12840
Third
8825
10975
13260
Fourth
9100
11300
13680
Fifth
9375
11625
14100
Sixth
9650
11950
14520
Seventh
9925
12275
14940
Eighth
10200
12600
15360
Ninth
10475
12925
15780
Tenth
10750
13250
16200
Eleventh
11025
13575
16620
Twelfth
11300
13900
17040
Thirteenth
11575
14225
17460
Fourteenth
11850
14550
17880
Fifteenth
12125
14875
18300
Sixteenth
12400
15200
Seventeenth
12675
Eighteenth
12950
Nineteenth
13225
Twentieth
13500
***************
206
FINANCE DEPARTMENT
No. 7/12/2001-3FR-II
To
All the Administrative Secretaries in Haryana,
All Head of Departments in Haryana,
Commissioners, Ambala/Hisar/Gurgaon/Rohtak,
All Managing Directors/Chief Administrators of Boards/
Corporations in Haryana.
Subject :
Rates of daily allowances effective from 24.09.2000 for duty journeys
in foreign countries.
Sir,
The rates of Dearness Allowance admissible on foreign visits in respect of
different countries have been notified by the Government of India in respect of Government
servants undertaking foreign journeys vide its instructions dated 1.12.2000 applicable w.e.f.
24.9.2000. These rates of DA do not include any element towards cost of accommodation and
transport for official journeys.
The Chief Executives of the PSUs were hitherto claiming per diem rates at
variance with those prescribed by the Government of India for the Government officers. They
were drawing per diem allowance in terms of the RBI instructions of August 6, 1994 which are
actually applicable in respect of the per diem ceiling for the purposes of drawal of foreign
exchange.
Keeping in view the Government of India instructions dated 24.9.2000, it has
been decided that the DA rates entitlement for the Chief Executives and not to the DA
entitlement officers of PSUs shall also be the same as applicable to the Government officers
and as per the rates notified by the Government of India vide its letter dated 1.12.2000. You are
requested to take action accordingly.
Detailed set of instructions and guidelines in respect of foreign journeys are
under preparation and shall be issued in due course of time.
Endst. No. 7/12/2001-3FR-II(FD)
A copy for information is forwarded to the following :1.
2.
The Accountant General, Haryana (i) A&E (ii) (Audit), Chandigarh.
207
(i)
(ii)
All the Financial Commissioners in Haryana, and
All the Commissioners & Administrative Secretaries to Government,
Haryana.
1.
2.
All the Financial Commissioners in Haryana,
To
U.O. No. 7/12/2001-3FR-II(FD)
A copy is forwarded to the PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/
Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief Parliamentary
Secretary for the information of Chief Minister/Ministers/Ministers of State and Chief
To
Private Secretaries to Chief Minister/Ministers/Ministers of State
and Chief Parliamentary Secretary for the information of Chief Minister/
Ministers/Ministers of State and Chief Parliamentary Secretary.
U.O. No. 7/12/2001-3FR-II(FD)
***************
208
HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2001 1097
(AGHN. 16, 1923 SAKA)
[Authorised English Translation]
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATIONS)
Notification
The 7th December, 2001
No. GSR-31/Const./Art.-309/2001.— Whereas, the Government of Haryana has broadly
followed the Central Government pattern in matters of pay scales for its employees with effect
from 1st January, 1986. Accordingly, the State Government has revised the pay scales and
pensions of its employees with effect from 1st January, 1996 also largely following the pattern
adopted by the Central Government;
And whereas, following the same principle, the Government of Haryana issued orders
dated the 9th March, 1998, 13th January, 2000 and 18th January, 2000 respectively regulating
the revision of pension benefits for its employees. The Central Government has defined
"emoluments" for the pension purposes as per the definition contained in rule 9(21) (a) (i) of the
Fundamental Rules in its notification dated the 27th October, 1997. The Central Government
has, thus, specifically excluded emoluments on account of Special Pay etc. from the definition
of emoluments for the purposes of pension. The said rule 9(21) (a)(i) of the Fundamental Rules
is identical with rule 2.44 (a)(i) of Punjab Civil Services Rules Vol. I, Part I, (as applicable to the
State of Haryana). Further, the Central Government, as per the pension scheme for its
employees, has also decided that the pension of an employee shall not be less than 50% of the
minimum of the corresponding scale as on 1st January, 1996, of the scale of pay held by the
pensioner at the time of superannuation/retirement. This benefit has also been extended by the
State Government to its employees;
And whereas, the above benefits have been sanctioned by the Government of Haryana
notwithstanding the pressure and constraints on its resources. However, the Government is also
acutely conscious of the growing liabilities on this account. As per the report of the Eleventh
Finance Commission, the annual average growth in pension liabilities in respect of Haryana
State is 44.73% for the period 1995-99 which is highest in the country and is next only to Goa.
Notwithstanding the financial constraints, the Government of Haryana has extended almost all
such benefits to its pensioners that have been granted by the Central Government for its
employees. Certainly, the Government of Haryana has no intention or capacity to continue to
pay pensionary benefits which are even higher than those admissible 10 their counterparts in
the Central Government. Therefore, a need has arisen to adopt the same definition of
"emoluments" in respect of the Haryana Government employees. Accordingly, the Government
of Haryana has decided to amend rule 6.19(C) of Punjab Civil Services Rules Vol. II;
Now, therefore, in exercise of the powers conferred by the proviso to article 309 of the
hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume-II,
as applicable to the State of Haryana namely :(1)
(2)
(3)
These rules may be called the Punjab Civil Services Rules Volume-II (Haryana
They shall come into force on the date of their publication in the Official Gazette.
These rules shall not be applicable in the case of employees who were appointed
to Government service before 1st November, 1966. A decision for application of
these rules in their cases shall be taken only after obtaining the approval of the
209
Government of India in terms of Sub-section 6 of Section 82 of the Punjab Reorganisation Act, 1966.
2.
In the Punjab Civil Services Rules Volume-II, in rule 6.19(C), in clause (i), for the
words, signs, figures and letters „The term "emoluments" for these purposes shall mean
"pay" as defined in rule 2.44 of Punjab Civil Services Rules Volume I, Part I, except
overseas pay', the words, signs, figures, brackets and letters. „The term "emoluments" for
these purposes shall mean "pay" as defined in rule 2.44(a)(i) of Punjab Civil Services
Rules Volume I, Part I' shall be substituted.
A.N. MATHUR
***************
210
These instructions have been Reiterated
from time to time.
MOST IMMEDIATE
DATE BOUND
No. 1/12/91-WM(7)
From
To
All Deputy Commissioner &
Sub Divisional Officer (Civil) in the State.
Subject : Reconciliation of figures under the Major Head-―0049-Interest Receipts.‖
Sir,
I am directed to invite your attention to the Finance Department‘s letter No. 1/12/91(7)WM, dated 29.11.2001 on the subject noted above, whereby you were requested that
departmental figures of receipts on account of loans and interests thereon should be regularly
reconciled with the receipt figures of Accountant General, Haryana, Loans and Advances are
granted all the Heads of Departments by the Finance Department (Ways and Means Branch)
and recovery of interest on these loans and advances are booked under the Head ―0049Interest Receipt‖. The Accountant General, Haryana has again pointed out that reconciliation
work upto the month of August, 2001 under above cited Major Head has not yet been started by
the departments. You are, therefore, requested to depute the concerned official of your
department to the office of Accountant General, Haryana and ensure that the reconciliation work
is completed within one week positively under intimation to Finance Department. The
reconciliation work must be completed by the 7th Day of second following month to which
accounts pertains.
Yours faithfully,
Sd/Superintendent Ways & Means,
Endst. No. 1/12/91-WM(7)
Dated, Chandigarh, 11.12.2001
A copy is forwarded to the Deputy Accountant General, Haryana (A&E), Chandigarh
with reference to his D.O. No. letter No. TM(C)RE.Com./2001-02/944-47 dated 8.11.2001 for
information.
211
A copy is forwarded to the Superintendent, Budget & Committee Branch with
reference to his letter No. 20/1/2001-6B&C dated 26.11.2001 for information and necessary
action.
To
The Superintendent,
Budget & Committee Branch.
U.O. No. 1/12/91-WM(7)
Dated, Chandigarh, 11.12.2001
***************
212
No. 28/61/2001-1B&C
From
To
Registrar, Punjab and Haryana High Court, Chandigarh,
All Chairmen/Managing Director of
the Corporations/Boards in the State,
The Commissioner of Ambala, Hisar,
Gurgaon and Rohtak Divisions and
All the Deputy Commissioners in Haryana.
Subject : Appointment of representative of Finance Department in various Committees
of Corporation/Boards.
Sir,
I am directed to invite your attention on the above cited subject and to say that it has
become a common practice amongst Boards and Corporations to unilaterally constitute a
Committee and induct FCF or a Representative of Finance Department, as a member of the
Committee at their own level. The Committees are constituted for purposes which are well
within the competence of the concerned organizations. Such unilateral induction of Finance
Department representative dilutes the responsibilities vested in these organizations.
The matter has been considered. It has now been decided that in future prior
advice/concurrence of the Finance Department must be obtained in such cases on file through
Administrative Department.
Yours faithfully,
Sd/Deputy Secretary Finance(B)
A copy is forwarded to all the Financial Commissioner/Commissioners and
Secretaries to Govt., Haryana for information and necessary action.
To
All the Financial Commissioner/Commissioners &
U.O. No. 28/61/2001-1B&C
Dated 24th December, 2001.
***************
213
From
To
All Sub-Divisional, Officers (Civil) in Haryana,
Dated, Chandigarh, the 3rd January, 2002
Subject :
Time Schedule for payment of retiral benefits to the retiring Government
employee on the date of his retirement.
Sir,
In continuation of this department instructions issued vide letter No. 68/2/2001/
FD/Pension/SAP, dated 3.9.2001 I am directed to emphasize that in order to streamline the
existing procedure regarding expeditious finalisation of cases of pensionary benefits the
following measures be adopted:1.
The Drawing and Disbursing Officer concerned should ensure that the 'No
Demand Certificate' is issued by the 7th of the month of retirement of the
employee.
2.
If, he/she wants to retain the Government accommodation, he/she should deposit
the four months license fee to the concerned authorities in advance and submit
No Demand Certificate about it before the 5th of the month of his/her retirement.
3.
In addition to para (xi) of the above said instructions, if may also be ensured that
the recovery of long term advances must be completed prior to six months of the
date of retirement.
4.
LPC and NDC may be issued by the 7th of the month of retirement.
5.
The retirement order may be issued by 7th of the month of retirement.
6.
The contribution in GPF of the individual should be stopped six months prior to
the retirement. The A.G. will issue the GPF final payment authority by 15th of the
month of retirement and DDO should ensure the payment of GPF, is made to the
retiree on the next working of the retirement date.
7.
The Accountant General, Haryana may ensure that the GPO including
commutation may be issued by 15th of the month in which the employee is
retiring to the concerned Treasury Officer.
8.
The payment of leave encashment and GIS be made to the retiree on the next
working day after the date of retirement.
214
9.
In addition to para (ix) of the above mentioned instructions it may also be
ensured that service verification is done every year by 31st March. In case of
retiring employee it may be ensured that six months prior to the retirement the
service is verified.
It may be ensured that the retiring employees of Haryana Government are given
PPO/GPO on the date of their retirement. You are, therefore, requested that the above
instructions may please be got noted and brought to the notice of all the officers/officials dealing
with the pension cases under your control for strict compliance.
Yours faithfully,
Endst. No. 68/2/2001/FD/Pension/SAP
Dated, Chandigarh, the 3rd Jan., 2002
A copy is forwarded to the Accountant General A&E Haryana, Chandigarh for
2.
All the Commissioner & Secretaries to Govt. Haryana in continuation of
Chief Secretary‘s D.O. letter No. 62/45/2001/6GSI, dated 2-11-2001.
To
All the Commissioner and Administrative Secretaries to
U.O. No. 68/2/2001/FD/Pension/SAP
A copy is forwarded to the Chief Secretary to Govt., Haryana with reference to
their D.O. No. 62/45/2001/6GSI, dated 2.11.2001.
To
The Chief Secretary to Govt., Haryana
(in GS-I, GS-II Branch).
Dated, Chandigarh, the 3rd Jan., 2002.
***************
215
These instructions have been modified partly vide
No. 2/22/2010-1 Pension dated 12.10.2010
FINANCE DEPARTMENT
No. 1/2(4)96-2FR-II
Office Memorandum
Subject :
Counting of service for the purpose of pension of the employees of State
Government on their appointment in an Autonomous Body (Statutory
Body) under Haryana Government or on seeking absorption in a State
Autonomous Body or vice versa and also on appointment from one
Autonomous Body to another (Statutory Body) both under Government of
Haryana.
1.
The undersigned is directed to invite your attention to the Haryana Government,
Finance Department instructions bearing No. 1/2(77)-87-2FR-II, dated 22nd August, 1988 in
connection with the subject cited above. The instruction referred to above were applicable to the
employees of the State Government and State Autonomous Bodies seeking absorption in the
Central Government and State Autonomous bodies seeking absorption in the Central
Government/Central Autonomous Bodies respectively and vice versa.
2.
The question of granting similar benefit to the employees of the State
Autonomous Bodies on their absorption in the State Government and vice versa has been
under consideration of the State Government for some time in the past. This matter has been
considered carefully and it has now been decided that cases for the purpose of grant of benefit
of past qualifying service towards pension to the State Government employees going over to a
State Autonomous Body or vice versa and employees of the State Autonomous Body moving to
another Autonomous Body (both under the Government of Haryana), will be regulated as per
the provisions contained herein.
3.
Definition of Statutory Body/Autonomous Body: In order to be eligible for the
benefits under this Office Memorandum, an employee must have rendered service in a State
Autonomous/Statutory Body :(i)
(ii)
that has been created under a Statute/Act of State/Central Government; and
is financed wholly or substantially from the cess or Central/State Government
grants. ―Substantially‖ means that more than 50% of the expenditure of the
autonomous bodies is met through cess or Central/ State Government grants.
Explanation: A State Autonomous Bodies includes a State University but does not include a
Public Sector Undertaking/Public Enterprise/Company registered under the Companies
Act/Society registered under the Societies Registration Act/ and private bodies and
managements.
4.
Scope of the Office Memorandum : This O.M. would apply to the employees
who are in service and have not been retired from service on the date of issue of this O.M. and
also subject to the condition that such employees applied for the job from one organization to
216
the other through proper channel or should have been absorbed in the service with the prior
consent of parent employer of the employee concerned or appointed on transfer basis.
5.
Exclusion : This O.M. shall not apply in the case of employees already retired or
who have been re-employed after retirement and in case where the selection/appointment in the
other entity is not through proper channel. This O.M. shall not be applicable in the case of
employee coming over to the Government from Public Sector Undertakings/Societies/Private
Managements and such of the statutory bodies, which are not wholly/substantially funded by the
State Government/Central Government.
6.
On appointment from Pensionable Organization to Pension Organization :
The Government/State Autonomous Body will discharge their pension liability by
paying in lump sum as a onetime payment, the pro-rate pension/service gratuity and death-cumretirement-gratuity for the period of service qualifying for pension up to the date of appointment
in a State Autonomous Body or any Department under Haryana Government, as the case may
be, irrespective of the fact the employee was permanent or temporary. The pro-rata pension on
lump sum will be determined with reference to the commutation table in Chapter 11 of Punjab
CSR Vol. II, as amended from time to time.
7.
On appointment from non-pensionable to Pensionable Organization :
If pension scheme is not in existence in the previous Organization but the same
is in existence in the new Organization, in such case on appointment/absorption of an employee
of State Autonomous Body in any Department under Haryana Government, he will have the
option to get benefit of qualifying service rendered in the previous Organization for the purpose
of pension in new Organization by foregoing employer‘s share of CPF with interest received
from the old Organization which will be paid to new Organization. This option will be exercised
within six months from the date of appointment on regular basis in the new Organization. If no
option is exercised within the stipulated period, the employee shall be deemed to have opted to
receive and retain CPF benefits. Option once exercised shall be final.
8.
On appointment from Pensionable to non-pensionable Organization :
On appointment from pensionable service to an Organization where pension
scheme is not in existence, the concerned employee will be eligible for pro-rata retirement
benefits as admissible under the rules of the old Organization. These benefits will be payable
after accepting the resignation of the concerned Government employee.
9.
Option for employees who are at present in service :
In order to get the benefit for the qualifying service rendered in an
Autonomous/Statutory Body, subject to fulfilment of the criteria contained above, the employee
should make request to that effect within a period of six months from the date of issue of this
office memorandum. As a onetime facility for the employees at present in service, they may be
permitted to exercise their option within a period of six months from the date of the issue of this
office memorandum either to get pensionary benefits in respect of the past qualifying service
rendered by them in pensionable or non-pensionable organization failing which it will be
presumed that they are not interested in availing the benefit of past service rendered for the
purposes of pensionary benefits. Wherever an employee opts to avail of the benefit of past
service for counting the same as qualifying service for pension he would be required to deposit
the terminal benefits already availed by him from the previous employer to the extent of the
employer‘s share of the CPF/gratuity along with interest thereon from the date of receipt of the
217
emoluments till the date of deposit thereof in the Government treasury. Wherever such
dues/terminal benefits have not been received by the employee concerned, his employer would
be under obligation to deposit the employer‘s share of the CPF/prorata pensionary benefits
alongwith interest for the period of service rendered in such organization with the other
organization.
10.
Rates of Interest : The interest shall be calculated at the rate/rates applicable on
GPF contributions in the Government relevant to the year(s).
11.
Release of Government
Autonomous Body :
employee
for
appointment
in
State
A Government employee who has been selected for a post in a State
Autonomous Body will be required to give his/her technical resignation before his relief from
Government. This resignation will not entail forfeiture of past service for the purpose of
retirement benefits if he applied through proper channel. The Government employee may
thereafter be relieved by the respective competent authority to take up appointment in the
autonomous body.
12.
Leave encashment : A Government employee taking up an appointment in a
State Autonomous Body will be entitled to encashment of earned leave to his credit at the time
of acceptance of his resignation from Government service, subject to a limit of 300 days or as
amended from time to time. Half pay leave will stand forfeited. The concession of carry forward
of leave of any type is not permissible in these cases nor would the State Government accept
any liability in the matter.
13.
Family Pension : On taking up an appointment by a Government employee in
any State Autonomous Body or vice versa, no family pension will be admissible from the
previous employer/Organization. The rules relating to family pension, if any, of the Organization,
will be applicable, in which the concerned Government employee was/is working at time of
retirement or at the time of death while in service.
The contents of this Office Memorandum may please be brought to the notice of
all concerned.
Sd/(S.P. Gupta)
To
All the Administrative Secretaries to Government of Haryana/
Heads of Departments/Divisional Commissioners & Deputy
Commissioners in Haryana/ Member- Secretary, H.B.P.E./
Registrar of Universities in Haryana/Managing Director and
C.E.Os. of Boards & Corporations in Haryana/Office of
Accountant General (A&E) and Audit, Haryana, Chandigarh.
***************
218
No. 1/2(38)-2FR-II/4Pension, Dated 12.09.2007 &
No. 1/2/130/01-1Pension, Dated 01.06.2004
FINANCE DEPARTMENT
No. 1/2(8)98-2FR-II(Part VIII)
Notification
Subject : Implementation of Government‘s decision on Pension & Family Pension
related matters - clarifications regarding post/scale of pay held by the pre-1996
pensioners.
The undersigned is directed to invite your attention to the subject mentioned above
and to state that the Haryana Government has generally followed the principles adopted by the
Government of India for consolidation/revision of pensions of its pensioners covered under the
provisions of the Punjab Civil Service Rules Volume II (as applicable to the State of Haryana).
These principles have been laid down in the following O.Ms. issued by the Government of India
from time to time for their pre-1996 pensioners and post-1996 pensioners :(i)
OM F.No. 45/86/97-P&PW(A) - Part I dated the 27th October, 1997 (for those
who retire/die while in service on or after 1.1.1996)
(ii)
OM F.No. 45/86/97-P&PW(A) - Part II dated the 27th October, 1997 (for
consolidation of pension of pre-1996 pensioners)
(iii)
OM No. 42/2/97-P&PW (G), dated the 27th October, 1997 (Installments of
D.R. on revised/consolidated pension)
2.
Accordingly, following notifications have been issued by the Government of Haryana
on the subject of revision of pensions of retired Haryana Government employees pursuant to
the general pay revision effective from 1/1/1996 :(i)
No. 1/2/(8)98-2FR-II (Part I) dated March 9, 1998 (for those who retire/die
while in service on or after 1.1.1996)
(ii)
No. 1/2/(8)98-2FR-II (Part II) dated March 9, 1998 (for consolidation of
pension of pre-1996 pensioners)
(iii)
No. 1/2/(8)98-2FR-II (Part III) dated March 9, 1998 (Installments of D.R. on
revised/consolidated pension)
3.
Subsequently, the Government of India issued another O.M. vide their F. No. 45/86/
97-P&PW(A)/Part-III, dated 10.02.1998 and 13.05.1998 in which decision was taken to fix the
notional pay of all pre-1986 pensioners and this notional pay was treated as average
emoluments for the purpose of calculation of notional pension as on 01.01.1986 as per the
pension formula then prescribed, and this notional pension was consolidated as on 01.01.1996
in accordance with the provisions contained in G.O.I. O.M. No. 45/86/97-P&W(A)-Pt. II, dated
27.10.1997. This benefit on the pattern of G.O.I. was also allowed by Haryana Government to
its all pre-1986 pensioners vide F.D. Notification dated 13.01.2000.
4.
Thereafter, Government of India issued another O.M. vide their F.No. 45/10/98P&PW(A) dated 17th December, 1998 stating that the ―pension of all pensioners irrespective of
219
their date of retirement shall not be less than 50% of the minimum of the revised pay scale as
on 1.1.96 of the post last held by the pensioner at the time of his retirement.‖ The State
Government also decided to extend this benefit for its pensioners and, finally, following the
Central Government Scheme, instructions dated 18th January, 2000, were issued in two parts
bearing even number for pre-1986 pensioners and pre-1996 pensioners whereby a provision
was made on the similar lines as adopted by the Government of India.
5.
Now, the Government of India have further issued a clarification regarding post/scale
of pay held by the retired Government servants vide their Office Memorandum No. 45/86/96P&PW(A)(Point) dated 11th May, 2001 which reads as under :“The undersigned is directed to refer to this Department‟s O.M. No. 45/10/98P&PW
(A) dated 17th December, 1998 wherein the criteria to be adopted by the Pension
Sanctioning authorities while stepping up of the consolidated pension of retirees
have been detailed.
In the course of implementation of the above order, clarifications have
been sought by Ministries/Departments of Government of India about the actual
connotation of the “post last held” by the pensioner at the time of his/her
superannuation. The second sentence of O.M. dated 17.12.1998 i.e. “pension of all
pensioners irrespective of their date of retirement shall not be less than 50% of the
minimum pay in the revised scale of pay w.e.f. 1.1.1996 of the post last held by the
pensioner”, shall mean that pension of all pensioners irrespective of their date of
retirement shall not be less than 50% of the minimum of the corresponding scale as
on 1.1.96, of the scale of pay held by the pensioner at the time of
superannuation/retirement. Other provisos contained in the O.M. of 17th December,
1998 will remain unchanged. This clarification issues with the approval of the
Ministry of Finance, Department of Expenditure.
Sd/(P.K. Brahma)
Additional Secretary (Pension)”
6.
In conformity with the clarification issued by the Government of India, Ministry of
Personnel/Public Grievances and Pensions, the Governor of Haryana, having decided to adopt
the said clarification of 11th May, 2001 in respect of the pensioners under Haryana
Government, is pleased to order that wherever the words/expression ―pension of all pensioners
(already consolidated/revised w.e.f. 1.1.1996 under F.D. Notifications dated 09.03.1998 and or
13.01.2001/18.01.2000) shall not be less than 50% of the minimum of the pay scale
introduced w.e.f. 1.1.96 for the post last held by the pensioner‖ exist in the Notifications (Part-IV
or Part-V) dated 18th January, 2000 the same shall mean that pension of all pensioners
irrespective of their date of retirement shall not be less than 50% of the minimum of the
corresponding scale as on 1.1.96, of the scale of pay held by the pensioner at the time of
superannuation/retirement‖. It is also clarified that minimum of the scale as on 1.1.1996 does
not include special pay/N.P.A. or any other component for this purpose.
7.
As in the above case, in respect of the family pension, the expression shall mean
that ―the basic family pension of all pensioners irrespective of their date of retirement/death
while in service shall not be less than 30% of the minimum of the corresponding scale as on
1.1.96, of the scale of pay held by the Government employee at the time of retirement or death
while in service, as the case may be‖.
8.
It is further clarified that though the Government of Haryana has broadly followed the
central pattern of pay scales while revising the pay scales of its employees with effect from
220
1.1.1986 and, thereafter, with effect from 1.1.1996 yet certain deviations have been made
keeping in the state-specific structure of services. Keeping in view these deviations, it is
important to specifically annex a statement of the corresponding pay scale as on 1.1.1986 and
1.1.1996. The same is enclosed in Annexure ‗A‘ with this office memorandum.
9.
It is not unlikely that the corresponding revised scales of certain pre-revised scale
may not find a mention in the Annexure. In that event, a reference may be made to the FD (in
Pay revision Branch) to seek clarification in the matter. The pension/family pension of all the
pre-1996 pensioners/family pensioners irrespective of their date of retirement or death while in
service be fixed/refixed accordingly.
10.
Other terms and conditions in the notifications of 13th January, 2000 and 18th
January, 2000 shall remain unchanged.
Sd/(S.P. Gupta)
Endst. No. 1/2(8)/98-2FR-II(Part VII)
Dated, Chandigarh, the 7th Jan, 2002.
A copy is forwarded to all the Administrative Secretaries to Government, Haryana/All
Heads of Departments/All Divisional Commissioners & Deputy Commissioners in Haryana/All
S.D.Os.(Civil) Haryana/Registrar, Punjab & Haryana High Court, Chandigarh/Office of
Accountant General, Haryana (Audit/A&E), Chandigarh/Treasury Officers and Assistant
Treasury Officers in Haryana for information and necessary action.
Sd/(S.P. Gupta)
Contd…
Encl..
221
ANNEXURE ‗A‘
Standard Pay Scales as on 01.04.1979 and their Corresponding Revised Pay Scales
as on 01.01.1986 and 01.01.1996.
Sr.
No.
1.
Category/ Post
Group 'D‘
300-430
2.
300-430 (TS); 350-500 (SG)
3.
350-500
4.
350-500 (TS); 400-600 (SG)
5.
on 01.01.1986 on 01.01.1996
750-940
2550-3200
775-1025
2610-3540
400-600
800-1150
2650-4000
400-600
950-1400
3050-4350
7.
400-660
950-1500
3050-4590
8.
400-660 (TS); 480-760 (SG)
9.
420-700
1200-2040
4000-6000
10.
420-700 (TS); 525-900 (SG)
11.
450-700
12.
480-760
13.
480-760 (TS); 525-900 (SG)
14.
525-900
1400-2600
5000-7850
15.
525-900 (TS); 600-1100 (SG)
16.
525-1050
17.
525-1050 (TS); 600-1100 (SG)
18.
525-1050 (TS); 700-1250 (SG)
19.
600-1100
20.
600-1100 (TS); 700-1250 (SG)
21.
700-1150
1600-2660
5450-8000
22.
700-1250
23.
700-1250 (TS); 700-1400 (SG)
1640-2900
5500-9000
24.
700-1250 (TS); 750-1450 (SG)
25.
700-1400
26.
700-1400 (TS); 800-1600 (SG)
27.
750-1450
28.
750-1450 (TS); 800-1600 (SG)
29.
800-1600
2000-3200
6500-9900
30.
800-1600 (TS); 900-1700 (SG)
31.
800-1600 (TS);1200-1700 (SG)
32.
800-1600 (TS); 1000-1800 (SG)
33.
34.
900-1700
900-1700 (TS); 1000-1800 (SG)
2000-3500
6500-10500
6.
Groups ‗C‘ & ‗B‘
222
Sr.
No.
35.
Category/ Post
900-1800
36.
900-1700 (TS); 1200-1850 (SG)
37.
940-1850
38.
1000-1500
39.
1000-1500 (TS); 1600 (Fixed)(SG)
40.
1000-1800
41.
1000-1800 (TS); 1200-1860(SG)
42.
1200-1600
43.
1200-1700
44.
1200-1860
45.
940-2000
46.
1400-1860
47.
Group 'A'
900-1700
48.
900-1800
49.
940-1850
50.
980-1850
51.
1000-1800
52.
1200-1700
53.
1200-1860
54.
940-2000
55.
1200-1925(TS); 2000 Fixed(SG)
56.
1250-2000
57.
1400-1860
58.
1400-1860(TS); 2000 Fixed(SG)
59.
1400-2000
60.
1400-2100
61.
1700-2150
62.
1760-2300
63.
2000-2300
64.
2000-2400
65.
2000-2500
66.
2100-2500
67.
2150-2500
68.
2250-2500
69.
2250-2600
70.
2250-2750
71.
2500-2750
72.
2500-3000
***************
on 01.01.1986 on 01.01.1996
2000-3500
6500-10500
2000-3500
6500-10500
2200-4000
8000-13500
3000-4500
10000-13900
3000-5000
10000-15200
3700-5000
12000-16500
4100-5300
13500-17250
5900-6700
(without
special pay)
18400-22400
223
No. 6/85/06-4PR(FD), dated 04.01.2007.
FINANCE DEPARTMENT
No. 5/4/2001-5PR(FD)
15th January, 2002
Office Memorandum
Subject :
Fixation of pay on promotion to a post the functional pay scale of which is
equal to or lower than the 1st or 2nd Higher Standard Scale under the
Higher Standard Scales Scheme in the pre-revised scales or 1st or 2nd
ACP under the ACP Scheme of 1998 or any other Scheme.
1.
The Finance Department has issued clarifications on the subject mentioned
above vide its two letters mentioned below :(i)
(ii)
No. 5/4/2001-5PR(FD) dated 2.3.2001
No. 1/37/2001-2PR(FD) dated 4.12.2001
2.
The two sets of instructions referred to above deal with altogether different
situations. The present instructions are being issued in continuation of letter bearing No. 5/4/
2001-5PR(FD) dated 2.3.2001.
3.
With the introduction of the Scheme of Higher Standard Scales with effect from
1.1.94 and the introduction of ACP Scheme with effect from 1.1.96, there would be numerous
cases where the 1st/2nd Higher Standard Scale or the 1st/2nd ACP, as the case may be, would
be identical with or higher than the functional pay scale of the promotion post in the hierarchy.
The rules provide that benefit of fixation of a pay at the stage next above is not permissible in
such cases as this benefit already stands granted to the employee at the time of grant of the
relevant Higher Standard/ACP Scale at an advanced point in time even though such employee
was not performing duties of the higher post at that time. FD has clarified the matter in this
respect vide its instructions dated 2.3.2001 and attention is invited to para 7(ii) and para 8 of the
instructions in this respect.
4.
It is re-iterated for the purposes of clarity that any pay scale granted to an
employee under any incentive/welfare scheme (e.g. the Higher Standard Scale Scheme or the
ACP Scheme) or granted on account of acquiring higher qualifications, which is other than the
functional pay scale of the substantive post, is in the nature of a personal scale. Such a
personal scale, in a large number of cases, may be equal to or higher than the functional pay
scale of the promotion post in the hierarchy.
5.
It has come to the notice of the Finance Department that a number of cases have
been decided by the Hon‘ble Punjab & Haryana High Court wherein directions have been
issued to provide the benefit of one increment/fixation of pay at the stage next above in cases
where a person is drawing his pay in a scale which is not the functional scale of the post but is
in the nature of a personal scale and where such personal scale is identical with or higher than
the functional pay scale of the promotion post. While the State Government has preferred SLPs
against the orders of the Hon‘ble Punjab & Haryana High Court in a number of such cases,
there are a number of other cases which are still pending adjudication before the Hon‘ble
224
Punjab & Haryana High Court. It is also likely that in certain cases even the SLPs filed against
the orders of the Hon‘ble Punjab & Haryana High Court might have been dismissed.
6.
It is brought to the notice of all concerned that the Hon‘ble Supreme Court of
India has already laid down the law on this subject while deciding the case of Union of India
and others Vs. Ashok Kumar Banerjee on 13.5.98 in Civil Appeal No. 2699/97 and reported in
the Services Law Reporter (1998(4) SLR 381-84) . This fact of the law already having been laid
down by the Hon‘ble Supreme Court of India in the matter was neither in the notice of the
Finance Department nor, probably, in the notice of the Law Officers defending cases on behalf
of the State Government before the Hon‘ble Punjab & Haryana High Court/Hon‘ble Supreme
Court of India. Hence, a copy of the judgment ibid is annexed with these instructions.
7.
under :-
Keeping the above in view, the Departments are advised to take action as
(i)
In so far as pay is to be fixed in such cases, the same should be fixed in
accordance with the clarifications given in para 7(ii) and para 8 of the instructions
bearing No. 5/4/2001-5PR(FD) dated 2.3.2001.
(ii)
In cases that are still pending adjudication before the Hon‘ble Punjab & Haryana
High Court, the position of law having been laid down by the Hon‘ble Supreme
Court of India in the matter should be specifically brought to the notice of the
Bench at the time of hearing of the pending cases.
(iii)
In matters where SLPs in the Hon‘ble Supreme Court of India have been filed
against the orders of the Hon‘ble Punjab & Haryana High Court, the fact of this
judgment be brought to the notice of the defending counsels in the Hon‘ble
Supreme Court of India.
(iv)
In cases where SLPs were filed in the Hon‘ble Supreme Court of India and the
same have been dismissed, review petitions be filed in the Apex Court on the
strength of the judgment of Hon‘ble Apex Court without any further delay.
Sd/(Y.S. Malik)
To
All Administrative Secretaries/Head of Departments/
Divisional Commissioners/Deputy Commissioners/
S.D.Os (Civil) in Haryana/Registrar Punjab & Haryana
High Court at Chandigarh/Accountant Generals (A&E)/
(Audit), Haryana with five spare copies in each case
for use in the Branches/offices.
Contd…
Encls.
225
ANNEXURE
SUPREME COURT OF INDIA
Before: Sujata V. Manohar and M. Jagannadha Rao, JJ
Civil Appeal No. 2699 of 1997
(From the judgment and Order dated 3.12.93 of the Central Administrative Tribunal,
Calcutta in OA No. 241 of 1993)
Decided on 13.5.1998.
Union of India & Ors.
Appellants
Versus
Ashok Kumar Banerjee
Respondent
For the Appellants : Mr. P. P. Malhotra, Sr. Advocate with Ms. Binu Tamta (Mr. Vineet
Malhotra), Advocate for Mr. CVS Rao, Advocates.
For the Respondent: In person.
Constitution of India, Article 16-Fundamental Rule 22(1) (a) (i) read with OM
(A) No. 11014/91 dated 22.3.1991 - Stepping up pay - Assistant Junior Engineer after
completion of 15 years of service was fitted in the scale of Rs. 2000-3500 of Assistant
Engineer and pay fixed at Rs. 2600/- on 1.1.1991 - Actual and functional promotion to the
post of Assistant Engineer on 1.8.1991 - He is not entitled to get the pay fixed once again
for the second time-The officer having received the same benefit in advance, while
working as Junior Engineer and while not actually functioning as an Assistant Engineer,
is not entitled to the same benefit of fresh fitment in the scale of Rs. 2000-3500 when he
is promoted on 1.8.1991 as Assistant Engineer-This is because as on 1.8.1991, he is not
being fitted into the ―time-scale of the higher post‖ as stated in the FR. That situation
was already over when the OM was applied to him on his completion of 15 years- for the
applicability of the FR 22(1) (a) (i) it is not merely sufficient that the officer gets a
promotion from one post to another involving higher duties and responsibilities but
another condition must also be satisfied, namely, that he must be moving from a lower
scale attached to the lower post to a higher scale attached to a higher post. (Para 8)
Judgement
M. Jagannadha Rao J.- This appeal is preferred by the Union of India and the
C.P.W.D. against the order of the Central Administrative Tribunal, Calcutta dated 3.12.93
passed in OA No. 241 of 1993. By that order, the Tribunal directed that pay of the petitioner in
the promotional post should be fixed in terms of FR 22(1) (a) (i) with effect from 1.8.1991 and all
consequential benefits including arrears should be paid to him within a period of 3 months from
the date of communication of this order.
2.
The facts relevant to the case are as follows: The respondent was working in the
C.P.W.D. as JE in the senior scale Rs. 1640-2900 and as he had put in 15 years as JE, he was
granted the Assistant Engineer‘s scale of Rs. 2000-3500 (in terms of Government of India,
Ministry of Urban Development (I Division) No. 12014/2/87-IWII dated 22.3.1991) . By giving
him the necessary increment, his pay was fixed at Rs. 2600/- as on 1.2.1991 by applying FR
226
22(I) (A) (i) as permitted in the said order. This was after the respondent opted for this scale.
The date of his next increment which fell on 1.2.1991 was taken into account while granting him
the increment mentioned in the FR. Later he was promoted, pursuant to certain orders of the
CAT in an earlier OA, as Assistant Engineer. He, then filed the present OA claiming that FR
22(I) (a) (i) is to be applied to his case once again and his pay should be refixed in the scale of
2000-3500 by giving him fresh benefit of the increment permitted by the said FR. The CAT
opined that as this was his actual promotion from the post of Junior Engineer to Assistant
Engineer, and as he was necessarily discharging higher duties and responsibilities, he was
entitled to a fresh application of the said FR 22(I) (a) (i) .
3.
The appellants contend that this would amount to giving the benefit of FR twice
over and this is not permissible. The respondent has been served and notices have been sent
to him that his case will be heard on a specific date but he has not chosen to be present and we
are, therefore, proceeding to decide the case on merits, setting him ex parte.
4.
The point for consideration is whether the respondent who was drawing
Rs. 1640-2900 as Junior Engineer and who on completion of 15 years service as Junior
Engineer was given benefit of FR 22(I) (a) (i) in the Assistant Engineer‘s scale of Rs. 2000-3500
as per OM(A)-11014/91 dated 22.3.91 w.e.f. 1.1.91 is again entitled on regular promotion as
Assistant Engineer on 1.8.91 to the benefit of the same FR 22(I) (a) (i) ?
5.
Under the OM(A)-11014/91 dated 22.3.91 it is stated that in the C.P.W.D. the
Junior Engineers Association and Sectional Officers (Horticulture) Association made certain
demands and an agreement was signed on 20.3.1991 between the Government and the
Association. As per the first part of said agreement there would be 2 scales of JE/SO (Hort) in
CPWD, one in the scale of Rs. 1400-2300 and another in the scale of Rs. 1640-2900. Those
who completed 5 years in the entry grade Rs. 1400-2300 will be placed in the grade of
Rs. 1640-2900, subject to rejection of those found unfit. This higher grade will not be treated as
a promotional one but will be non-functional and the benefit of FR 22(I) (a) (i) will not be
admissible, while fixing the pay in the higher grade, as there will be no change in duties and
responsibilities. We are not concerned here with the above portion of the agreement. We are,
however, concerned with the second part which reads as follows:
―(ii) Junior Engineers/Sectional Officers (Horticulture), who could not be
promoted to the post of Assistant Engineers/Assistant Directors (Horticulture) in
the scale of Rs. 2000-3500, due to non-availability of vacancies in the grade of
Assistant Engineer/Assistant Directors (Horticulture) will be allowed the scale of
Assistant Engineer/Assistant Directors (Horticulture) i.e. Rs. 2000-3500, on a
personal basis, after completion of 15 years of total service as Junior
Engineer/Sectional Officer (Horticulture), till their normal turn for the functional
promotion comes as Assistant Engineer/Assistant Director (Hort) . This personal
promotion will be given on fitness basis.‖
It will be noticed that as per this part of the OM, those JEs who have
completed 15 years of service would get the scale of Rs. 2000-3500 (which is the
scale of the promotional post i.e. Assistant Engineer/Assistant Directors
(Horticulture) . This benefit is given to avoid frustration of the Junior Engineers
and Sectional Officers (Horticulture) who would otherwise be stagnating for want
of vacancies in the next promotional post. In that light, they are allowed to draw
the scale of Rs. 2000-3500 on a personal basis, provided they have completed
15 years till their normal turn for the functional promotion comes as Assistant
Engineer/Assistant Directors (H) . This personal promotion will be given on
fitness basis.
227
6.
In the present case, while working as Junior Engineer the respondent completed
15 years in the scale of Rs. 1640-2900 and he became entitled to be fitted in the scale of
Rs. 2000-3500 of Assistant Engineers and got his pay fixed accordingly at Rs. 2600 by giving
him the benefit of the increment as stated in FR 22(I) (a) (i) and as permitted by the second part
of the OM. This was because, even though the OM is dated 22.3.91, it was agreed that benefit
of FR 22(1) (a) (i) would be given from 1.1.91.
7.
Thereafter, Respondent was actually or functionally promoted as Assistant
Engineer on 1.8.1991 and he then wanted benefit of FR 22(I) (a) (i) to be given to him once
again as he had then assumed higher duties and responsibilities of a superior post functionally.
Question is whether his claim is justified?
FR 22 reads as follows :"FR 22(1) : The initial pay of a Government servant who is appointed to a post on
a time-scale of pay is regulated as follows :
(a) (1) Where a Government servant holding a post, other than a tenure post, in a
substantive or temporary or officiating capacity is promoted or appointed in a
substantive, temporary or officiating capacity, as the case may be, subject to the
fulfillment of the eligibility conditions as prescribed in the relevant Recruitment
Rules, to another post carrying duties and responsibilities of greater importance
than those attaching to the post held by him, his initial pay in the time scale of the
higher post shall be fixed at the stage next above the notional pay arrived at
increasing his pay in respect of the lower post held by him regularly by an
increment at the stage at which pay has accrued or rupees twenty five only,
whichever is more.
Save in case of appointment on deputation to an ex-cadre post, or to a post on
adhoc basis, the Government servant shall have the option to be exercised within
one month from the date of promotion or appointment, as the case may be, to
have the pay fixed under this rule from the date of such promotion or
appointment or to have the pay fixed initially at the stage of the time-scale of the
new post above the pay in the lower grade or post from which he is promoted on
regular basis, which may be refixed in accordance with this rule on the date of
accrual of next increment in the scale of the pay of the lower grade or post. In
cases where an adhoc promotion is followed by regular appointment without
break, the option is admissible as from the date of initial appointment/promotion,
to be exercised within one month from the date of such regular appointment.
Provided that where a Government servant is, immediately before his promotion
or appointment on regular basis to a higher post, drawing pay at the maximum of
the time scale of the lower post, his initial pay in the time scale of the higher post
shall be fixed at the stage next above the pay notionally arrived at by increasing
his pay in respect of the lower post held by him on regular basis by an amount
equal to the last increment in the time scale of the lower post or rupees twenty
five, whichever is more.‖
8.
In our view, the respondent having received the same benefit in advance, while
working as Junior Engineer and while not actually functioning as an Assistant Engineer, is not
entitled to the same benefit of fresh fitment in the scale of Rs. 2000-3500 when he is promoted
on 1.8.91 as Assistant Engineer. This is because as on 1.8.91, he is not being fitted into the
―time-scale of the higher post‖ as stated in the FR. That situation was already over when the OM
was applied to him on his completion of 15 years. For the applicability of the FR 22(1) (a) (i) it is
228
not merely sufficient that the officer gets a promotion from one post to another involving higher
duties and responsibilities but another condition must also be satisfied, namely, that he must be
moving from a lower scale attached to the lower post to a higher scale attached to a higher
post. If, as in this case, the benefit of the higher scale has already been given to him by virtue of
the OM there in no possibility of applying this part of the FR which says.
―his initial pay in the time scale of higher post shall be fixed at the stage next
above the notional pay arrived at by increasing his pay in respect of the lower
post held by him regularly by an increment at the stage at which such pay has
accrued or rupees twenty five only, whichever is more‖
9.
Further, the respondent is a junior officer in the category of JEs and he has
already got the benefit of the FR on completion of 15 years. If he is to be given a second
benefit on the basis of the same FR, then he would be getting more than his seniors, who might
have got promoted earlier and might have got benefit of the FR 22(1) (a) (i) only once, such an
anomaly was not obviously intended by the FR.
10.
For the aforesaid reasons, the appeal is allowed and the order of the Tribunal is
set aside and the OA is dismissed. In the circumstances, there will be no order as to costs.
APPEAL ALLOWED
***************
229
No. 12/22/2001/PE (FD)-A-I
From
To
All Heads of Department.
Subject : Report of the Comptroller and Auditor General of India for the year ended
31-3-96 No. 1 (Revenue Receipts) - Government of Haryana — Submission of
Replies of pending Paras.
Sir,
I am directed to draw your attention towards instructions issued by the Finance
Departments vide letter No. 12/1/33-PE (FD)-97, dated 21-7-97 whereby it was impressed upon
you that guidelines issued by the Finance Department for watching recovery of Government
loan, interest and dividend may be followed in letter and spirit. However, it has again been
pointed out in the report of Comptroller and Auditor General of India that in various Departments
viz, Co-operation, Industries/Local Government and Power (HSEB), long outstanding loans and
interest/Penal interest against Co-operative Societies, Industrial Units, HSIDC, Municipal
Committees and Haryana State Electricity Board was due.
It is, therefore, again impressed upon you that guidelines issued for watching
recoveries of Government loan interest and dividend may be followed in letter and spirit and
Quarterly Progress Report in respect of your Department may please be sent to the Finance
Department (in Budget and Committee Branch) through your Administrative Department with a
copy of the same to PE (FD) Branch.
Receipt of these instructions may please be acknowledged.
Yours faithfully,
Sd/Under Secretary Finance (PE),
***************
230
Corrigendum
No. 4/1/ARO/IV-FD(Res. Cell)-2001
From
To
All the Heads of Departments, Haryana Government,
All the Managing Directors/Executive Heads of
Public Sectors Undertakings/Enterprises,
Cooperative Institutions etc.
Subject : Levy of Guarantee Fee on all loans raised against State Govt. guarantee by the
State Public Sector Undertakings.
I am directed to refer to this department letter No. 4/1/ARO/-IV-FD (Res. Cell)-2001
dated 21.1.2001 on the subject noted above and to say that the head for depositing guarantee
fee mentioned in para-2, may be substituted as under :Proposed earlier
To be substituted now
―0075-Misc. Gen. Services-108-Guarantee ―0075-Misc. Gen. Services-108-Guarantee
Fee-01-Guarantee Fee from PSUs‖
Fee-99-Guarantee Fee from PSUs‖
They are, therefore, requested to make necessary correction accordingly and to
ensure that the guarantee fee due from State level Undertakings under their administrative
control is collected and accounted for properly under the above mentioned budget head.
2.
It may further be ensured that the details regarding raising of loans by PSUs from
Financial Institutions, payment of guarantee fee due may be supplied to the Finance
Department (in Resources Cell) immediately so that proper record could be maintained.
Yours faithfully,
Sd/Advisor (RP),
Endst. No. 4/1/ARO/-IV-FD(Res. Cell)-2001
Dated : 24.01.2002
A copy is forwarded to Accountant General (Accounts & Audit), Chandigarh for
Sd/Advisor (RP),
231
A copy is forwarded to all the Financial Commissioners and the Administrative
Secretaries, Haryana Govt. for information and necessary action.
Sd/Advisor (RP),
To
All the Financial Commissioners &
Administrative Secretaries to Govt., Haryana.
U.O. No. 4/1/ARO/-IV-FD(Res. Cell)-2001
Dated : 24.01.2002
Dated : 24.01.2002
A copy is forwarded to the Member Secretary, Haryana Bureau of Public Enterprises
for information and further necessary action.
Sd/Advisor (RP),
Dated : 24.01.2002
A copy is forwarded to all the Joint Secretaries/Deputy Secretaries/Under
Secretaries/Superintendents/Deputy Superintendents, Finance Department, Haryana for
information and further necessary action. They are requested to ensure that guarantee fee on
the loans raised against State guarantee etc. is invariably charged and properly accounted for.
Sd/Advisor (RP),
***************
232
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 30th January, 2002
No. 11/58/2001-1FR-II.— In exercise of the powers conferred by the proviso to article 309 of the
hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume I,
Part II in their application to the State of Haryana, namely :1.
These rules may be called the Punjab Civil Services Volume-I, Part II (Haryana
2.
In the Punjab Civil Services Rules, Volume-I, Part II, in APPENDIX 18 (Referred
to in Note 2 to paragraph 2 of Annexure I to Section II of chapter VIII), against
‖Department II. (B) Education (Technical)‖, under column 2, the words ―and
Government Engineering Colleges‖ shall be added at the end.
A.N. MATHUR
No. 11/58/2001-1FR-II,
Dated, Chandigarh, the 30th January 2002
Sd/Under Secretary, Finance,
No. 11/58/2001-1FR-II,
information.
No. 11/58/2001-1FR-II,
A copy alongwith an attested copy is forwarded to the Controller, printing & Stationery,
233
2.
To
No. 11/58/2001-1FR-II,
***************
234
FINANCE DEPARTMENT
No. 13/2(79)/2001-5FR-I
Dated, Chandigarh, the 1st February, 2002
Office memorandum
Subject : Deputation of Government employees to other State Government(s) including
Central Government or bodies, Companies, Corporations under their control Deputation Allowance.
1.
The undersigned is directed to invite your attention to the subject mentioned above
and to state that the matter regarding admissibility of deputation allowance to the Haryana
Government employees on deputation with the other State Government(s), Central Government
or Bodies, under such other Government(s) including Central Government has been engaging
the attention of the State Government for some time in the past.
2.
The relevant instructions on the subject mentioned above issued by the State
Government in the past are as under :Instructions :
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
.
FD Hr. No. 13/5(5)/86-5FR-l dated 17.3.1987
FD Hr. No. 13/5(1)/89-5FRl dated 6.2.1989
FD Hr. No. 13/5(13)/88-5FR-I dated 16.8.1980
FD Hr. No. 13/2(65)97-5FR-I dated 23.1 1998
FD Hr. No. 13/5(3)98-5FR-I dated 2.12.1998
FD Hr. No. 13/2(1)2000-5FR-I dated 7.1.2000
FD Hr. No. 13/2(37)2000-5FR-I dated 22.6.2001
3.
As per the instructions bearing No. 13/2(1)2000-5FR-I dated 7.1.2000 issued by the
Finance Department, the deputation allowance is admissible @ 5% of the basic pay subject to
maximum of Rs. 250/- per month (when the deputation post does not involve change of station)
and subject to a maximum of Rs. 500/- per month (involving change of station) without changing
the rate of deputation allowance i.e. 5% of the basic pay. It has been further provided that the
pay plus deputation allowance shall not exceed the maximum of the pay scale of the post held
on deputation notwithstanding the station criterion.
4.
The deputation allowance as mentioned above, is admissible only in cases of
employees coming over to the state of Haryana from other states including the Central
Government and vice versa. No deputation allowance is admissible if the deputation is with the
Societies/Boards/Corporations and Universities under the Haryana Government and vice-versa.
5.
It has been observed that certain State Governments/Central Government and the
organisations under their control allow higher rates of deputation allowance to employees going
over on deputation as compared with the rates permissible in Haryana Government. Certain
employees have approached the Government with the requests that they may be allowed to
accept such higher rates of deputation allowance as per the rules of the borrowing
organizations.
6.
The matter has been considered further and it has been decided that, henceforth,
the Haryana Government employees, when sent on deputation from the State Government to
any other Government including Central Government or Bodies (incorporated or not) wholly or
235
substantially owned or controlled by them, shall be allowed to get deputation allowance as per
the rules/instructions of the such borrowing organisations subject to a minimum of what the
State Government pays while borrowing the services of an officer/employee of Central
Government/other State Government or Body to Haryana Government as per Finance
Department instructions bearing No. 13/2(1)2000-5FR-I dated 7.10.2000 mentioned above.
However, the pay plus deputation allowance shall not exceed the maximum of the pay scale of
the post held on deputation whether the deputation involved change of station or not. However,
no deputation allowance will be admissible to Haryana Government employees working
in U.T. Administration, Chandigarh.
7.
These instructions will not apply to Haryana Government employees when deputed
to Boards, Corporations and Universities etc. under the control of the Government of Haryana or
vice-versa.
Sd/(S.P. Gupta)
To
All the Administrative Secretaries to Government of Haryana/
Heads of Departments in Haryana/Divisional Commissioners/
Deputy Commissioners/Sub Divisional Officers (Civil) in Haryana/
Registrar, Punjab & Haryana High Court, Chandigarh/
Accountant General, Haryana (Audit)/(A&E), Chandigarh.
****************
236
DEPARTMENT OF FINANCE
No. 1/2(8)98-2FR-II (Part IX)
Office Memorandum
Subject : Implementation of Government decision on pension/family pension related
matters - revision of pension of pre-1986 and pre-1996 pensioner/family
pensioners.
Sir,
I am directed to invite your attention to Finance Department notification No. 1/2(8)98-2FR-II(Part IV) dated 13-01-2000 and 1/2(8)98-2FR-ll(Part V) dated 18-01-2000 on the
subject noted above and to state that the provision have been made for
(i)
(ii)
Retiring Pension
Superannuation Pension
(iii)
Compensation Pension
(iv)
Invalid Pension
The Accountant General has sought clarification whether pension/family pension of
those employees who were permanently absorbed in Public Undertaking is to be revised in the
light of Haryana Government Notification dated 13-01-2000 and 18-01-2000 or not. The matter
has been examined and after due consideration, Haryana Government has now decided that
the pro-rata pension of pensioners is to be revised in accordance with the instructions dated 1301-2000 and 18-01-2000 read with instructions bearing no. 1/2(8)98-2FR-II(Part VllI) dated
7.1.2002. However, the said benefit will not be admissible on family pension and in cases
where lump sum payment in lieu of pension has been made.
Yours faithfully,
***************
237
No. 12/1/152/PE/FD/SA-2, dated 12.11.2002 & 11.11.2004.
No. 12/1/152/PE/FD/96/SA-2
From
To
Commissioner Ambala, Hisar, Rohtak &
Gurgaon Divisions, and
All Deputy Commissioners in Haryana,
All Managing Directors/Chief Executives/Chief
Administrators of all Corporations/Companies/
Boards/Co-operative Institute in the State.
Subject : Grant of Bonus/Ex-gratia to the employees of Public Sector Undertakings—
Policy regarding.
Sir,
I am directed to draw your attention towards this department letter No. 12/1/152/
PE/FD/SA-2, dated 24-10-2000 vide which a uniform policy was circulated for the payment of
Bonus/Ex-gratia to the employees of Public Sector Undertakings. According to Para-B, Sub
Para vi, of the said circular letter it was clarified that ex-gratia is not a statutory liability. The
decision regarding payment of ex-gratia will be taken by the management only after the annual
accounts of the Public Enterprises are duly audited and there are sufficient allocable surplus. It
has, however, been observed that many Public Enterprises are still making provision for
payment of ex-gratia in the balance sheet and profit and loss account which is against the policy
guidelines issued by the Finance Department.
In view of above, it is clarified that no provision for ex-gratia payment should be
made in the balance sheet/profit and loss account of the Organisation for the relevant financial
year. Further, the decision regarding payment of ex-gratia should be taken by the Management
only after the annual accounts of the Public Enterprises are duly audited and there are sufficient
allocable surplus with the Public Enterprise.
Receipt of this communication may please be acknowledged.
Yours faithfully,
238
A copy is forwarded to all the Financial Commissioners & Administrative Secretaries
to Govt. Haryana for information and necessary action. They are requested to examine the
proposals for grant of Bonus/Ex-gratia for the Public Sector Undertakings under their control in
the light of above instructions.
To
U.O. No. 12/1/152/PE/FD/96/SA-2
Dated 14-2-2002
Endst. No. 12/1/152/PE/FD/96/SA-2
Dated 14-2-2002
A copy is forwarded to the Member Secretary, HBPE for information and necessary
action.
***************
239
These instructions have been partly modified vide
No. 7/8/2008-4Pension, Dt. 5.5.2008.
FINANCE DEPARTMENT
No. 1/2(152)01-2FR-II
Office Memorandum
Subject :
Payment of interest on delayed retiral benefits.
The undersigned is directed to address the subject noted above and to say that
the State Government has issued following instructions in respect of payment of interest on
delayed retrial benefits:
Sr.
No.
1.
2.
3.
4.
Reference Number
No. 1/4(5)-79-2FR-II, dated the 9th
March, 1981
No. 1/4(34)-84-2FR-II, dated the
15th October, 1984
No. 1/2(74)/88-2FR-II, dated the
12th February, 1990
No. 1/2(74)88-2FR-II, dated the
24th October, 1991
Subject
Payment of interest to retired employees if the payment of
DCRG is delayed.
Payment of interest payable to a retired Government
employee on delayed payment of gratuity
Payment of interest on pension dues revised as a result of
inclusion of special pay towards pay for determining the
pension.
On commutation of pension on the enhanced payment
consequent upon addition of special pay in the total
emoluments.
2.
It has been observed that in certain cases of retiring employees, the retiral
benefits on account of pension, gratuity, leave encashment etc. get delayed causing
inconvenience to the retirees. Even though the Government has been issuing instructions from
time to time for timely completion of all formalities and payment of retiral dues in time, delays in
disbursement thereof are not unknown. In certain cases, the retired employees approach the
Courts and claim payment of all such retiral benefits along with interest for the period of delay.
It has further been observed that the courts have been allowing interest at varying rates from
12% to 18% on such delayed payments.
3.
Ideally speaking, an employee should get all his retiral benefits on the date of
retirement yet keeping in view the procedures involved, both on the part of employees as well
as the departments, some delays might take place. The matter has been considered in the
Finance Department and it has been decided that three months time from the date of retirement
should be considered as a reasonable period for processing of all such claims and payment
thereof to the retired employees. In case the retiral benefits are paid within this period of three
months from the date of retirement, no interest would be payable on the same.
4.
In case where the delay exceeds a period of three months in settlement and
payment of such retiral benefits, the same should be paid along with interest calculated from the
date of retirement till the date of payment. Wherever the delay in settlement and payment of
retiral benefits is beyond a period of six months from the date of retirement, the interest should
240
be paid to the retired employee/pensioner but the interest amount beyond a period of six
months should be recovered from the employee(s) responsible for causing such delay.
5.
However, these instructions would not be applicable in cases where the payment
of retiral benefits is withheld on account of disciplinary proceedings pending against the said
employee at the time of his retirement. A further issue would also arise regarding payment of
interest on the retiral benefits in case of such employees who are facing disciplinary
proceedings at the time of their retirement/superannuation from Government service. These
cases should be decided in the following manner:
(i)
In the case of an employee against whom disciplinary proceedings are pending
at the time of retirement and the employee is clearly exonerated and steered
clear of all the charges during the process of disciplinary proceedings and proved
innocent, the retiral benefits due to him should be paid along with interest from
the date of retirement till the date of payment.
(ii)
In case of an employee against whom disciplinary proceedings are pending at
the time of retirement, and the said employee is held guilty, partially or fully, of
the charges leveled against him, no interest would be payable on the retiral
benefits in his case till a period of three months from the date of final decision on
the disciplinary proceedings. If the delay in these cases is beyond a period of 3
months of the date of decision on disciplinary proceedings and the employee
concerned has completed the formalities on his part, interest on such dues may
also be allowed from the date of decision of disciplinary proceedings till the date
of payment.
(iii)
In case of an employee against whom disciplinary proceedings are dropped on
account of lack of evidence (i.e. he is not proved innocent) or disciplinary
proceedings are dropped only on the grounds that the employee has retired, no
interest would be payable on the retiral benefits in his case till a period of three
months from the date of final decision on the disciplinary proceedings. If the
delay in these cases is beyond a period of 3 months of the date of decision on
disciplinary proceedings and the employee concerned has completed the
formalities on his part, interest on such dues from the date of decision of
disciplinary proceedings till the date of payment may also be allowed.
6.
The issue pertaining to the admissible rate of interest in these cases has also
been considered. It has been observed that the interest rate regime remains volatile and it
keeps on changing from time to time in view of the economic and monetary policies in force at
various points in time. In the face of changing scenario in this respect, it has been decided, in
super-session of all instructions issued on the subject here-to-before, that the rate of interest
admissible in all these cases should be linked with the interest rate in force on General
Provident Fund Accounts of the Government employees from time to time. Even today as on
the date of issue of these instructions, the admissible interest rate of GPF accumulations is
9.5% which is higher than the rate of interest being offered by all banks on term deposits.
Accordingly, the rate of interest should be applied at the rate in force on GPF of Government
employees relevant to the period for which such interest becomes payable.
7.
These instructions shall take effect from the date of issue and may be brought to
the notice of all concerned for strict compliance.
Sd/(Y.S.MALIK)
Commissioner & Special Secretary to Govt.,
241
To
All the Administrative Secretaries/Heads of Departments/
Registrar, Punjab & Haryana High Court at Chandigarh/
Member Secretary, HBPE/Divisional Commissioners/
Deputy Commissioners/SDOs (Civil)/Accountant General (A&E)
and Audit, Haryana/Treasury officers in the state of Haryana
with five copies in each case for use in the offices.
***************
242
No. 11/6/91-4FD-III/2002(317)
From
To
Commissioners, Ambala, Hisar,
Rohtak and Gurgaon Divisions,
All the Deputy Commissioners and
Sub Divisional Officers (Civil) in the State,
All District & Session Judges in Haryana.
Dated, Chandigarh, the 21st February, 2002.
Subject : Amendment in Condemnation and Disposal Rules and procedure for store
items and vehicles upto 31.12.2004 – Special Campaign for disposal.
Sir,
I am directed to invite a reference to F.D.‘s circular letter No. 11/6/91-4FD-III/78 (99),
dated 31.3.99 on the subject noted above, vide which powers had been delegated to you to
dispose off unserviceable condemned store items/vehicles upto 31.12.2001 and to say that
Finance Department has considered this matter again and decided to extend the said
delegation in all offices of the State upto 31.12.2004 on the terms and conditions mentioned in
supersession of Finance Department‘s letter No. 11/6/91-4FD-III/2001, dated 10.7.2001
including Boards/Corporations.
Yours faithfully,
Sd/Under Secretary Finance,
No. 11/6/91-4FD-III/2002 (317)
Dated : 21.2.2002.
A copy is forwarded to the Accountant General (Accounts/Audit), Haryana,
A copy is forwarded for information and necessary action to all the Financial
Commissioners & Principal Secretaries and Administrative Secretaries to Govt., Haryana.
243
To
All the Financial Commissioners & Principal Secretaries and
U.O. No. 11/6/91-4FD-III/2002 (317)
Dated : 21.2.2002.
No. 11/6/91-4FD-III/2002 (317)
Dated : 21.2.2002.
A copy is forwarded to the :All M.Ds. of Boards and Corporations in Haryana.
All G.Ms., Haryana Roadways.
Managing Director, Haryana Concast Ltd., for information and necessary
action.
A copy is forwarded to all Branch Officers/Superintendents of Finance Department
To
All the Branch Officers/Superintendents of
Finance Department.
U.O. No. 11/6/91-4FD-III/2002 (317)
Dated : 21.2.2002.
***************
244
No. 6/16/2001-3PR(FD), Dated 27.06.2002.
FINANCE DEPARTMENT
NO. 6/16/2001-3PR(FD)
15th MARCH, 2002
Office memorandum
Subject : Regarding counting of adhoc and work charged service toward the benefit of
additional increments on completion of 8/18 years service and Higher Standard
Pay Scales after 10/20 years service.
The undersigned is directed to refer to the subject mentioned above and to say that
on the demands of various associations/unions of employees, the State Government introduced
various schemes in order to take care of stagnation and lack of promotional avenues for
employees belonging to Group 'C' and 'D' as a welfare measure from time to time.
2.
The first scheme was introduced vide instructions dated 14th May, 1991. Under this
scheme, it was decided to provide following benefits to employees of Group 'C' and 'D' :(i)
Provision of additional increments after 10 or 20 years service.
(ii)
Grant of annual increments even after reaching the maximum of the pay scale
in place of biennial increments.
3.
Thereafter, this above scheme was further modified vide Govt. instructions dated
07.08.1992. Under this scheme, it was decided to grant additional increments on completion of
8/18 years regular satisfactory service instead of 10/20 years service.
4.
The State Govt. introduced another scheme vide notification dated 08.02.1994 but
effective from 1.1.994. Under this scheme, known as the Higher Standard Scales Scheme, it
was decided to grant higher standard scales after completion of 10/20 years regular satisfactory
service. Some clarifications were sought by various Departments regarding grant of benefits
under these schemes. These points were clarified vide instructions dated 29.12.1995, wherein
it was clarified that adhoc service and work charged service was not to be counted while
calculating the required regular and satisfactory service for the purposes of grant of Higher
Standard scales.
5.
Judicial View on Adhoc Service :
(i)
Some Government employees filed various writ petitions in the Hon'ble Punjab
& Haryana High Court seeking therein the benefit of adhoc service rendered
by them for calculating total length of service for the purpose of grant of
benefits of Higher Standard Scales. These writ petitions were disposed off by
the Hon'ble High Court in terms of full bench's judgment in the case of R.K.
Singla V/s State of Haryana in CWP No. 15034 of 1993. In R.K. Singla's case,
the petitioner was claiming benefit of adhoc service for computing 12 years
service towards the benefit of selection grade granted by the State
Government to the Engineers of PWD (three wings) and Doctors vide letter
dated 02.06.1989 read with clarificatory letter dated 16.05.1990.
(ii)
While disposing off the case of R.K. Singla, it was held by the Hon'ble High
Court that :
"Such period of adhoc service which is countable for the purpose of
seniority and other service benefits in the light of the judgment of the
245
Supreme Court in the direct recruitment case as explained in Aghore
Nath's case and the full bench of this court in Chambel Singh's case shall
be counted for the purpose of regular service in the context of circular
dated 2. 6.1989. "
(iii)
The State Government preferred to challenge the said orders by way of filing
various SLPs in the Hon'ble Apex Court. The State Government also filed SLP
against the orders of Hon'ble full bench of Punjab & Haryana High Court in the
case of R.K. Singla.
(iv)
All these SLPs were tagged in the Hon'ble Supreme Court of India and came
up for hearing before a three judges bench of Hon'ble Supreme Court on
September 19, 2000 in the main Civil Appeal No. 13423 of 1996 - State of
Haryana V/s Haryana Veterinary and AHTS Association. While disposing off
the SLPs, it was held by the Hon'ble Apex Court that:"Thus the appointment of respondent Rakesh Kumar was a fresh
appointment in accordance with the statutory Rules after the Public
Service Commission adjudged their suitability and the regular service of
the respondent Rakesh Kumar must be counted from the date he joined
the post pursuance to the offer of appointment dated 29.01.1982 and the
period of service rendered by him on adhoc basis cannot be held to be
regular service nor can it be tagged on to the later service for earning the
benefit under the Govt. Circular dated 2nd June, 1989 as well as the
clarificatory circular dated 16th May, 1990. The conclusion of the majority
judgment of the High Court, therefore, is wholly erroneous and cannot be
sustained."
Thus, the Hon'ble Apex Court set aside the fulI bench judgment of Hon'ble Punjab &
Haryana High Court in R.K. Singla's case. It was further held by the Hon'ble Apex Court that :–
"Since the judgement of Rakesh Kumar has been followed in all other
cases which are also the subject matter of appeal before this court in the
tagged on matters, following the conclusions arrived at by us in Rakesh
Kumar's case, the impugned judgement and direction in all these matters
are set aside and the appeals filed by the State of Haryana Stand
allowed"
(v)
Another matter of the State of Punjab came up for hearing before a Division
Bench of Hon'ble Apex Court on February 20, 2001 in the case of State of
Punjab and others vs. Gurdeep Kumar Uppal and others wherein the question
of counting of adhoc service towards the benefit of proficiency increments
under Proficiency Step-up Scheme of Punjab Government was involved.
While disposing off the said case, the Hon'ble Apex Court relied upon the
judgement of three judges bench of Hon'ble Apex Court in the case of State of
Haryana and others VIs Haryana Veterinary and AHTS Association and others
2000 (B).SCC 4. It was observed by the Hon'ble Apex Court that:
"This question was considered by a three judges bench of this court in the
State of Haryana V/s Haryana Veterinary and AHTS Association and
another 2000 (B) SCC 4 wherein this court took the view that for
calculating 8/18 years service required for giving higher scale of pay and/
or determination of seniority only regular service rendered by the
employees is to be counted and not adhoc service."
Thus, the Hon'ble Apex Court set aside the judgement of Hon'ble Punjab and
Haryana High Court in CWP No. 452 of 1990 Gurdeep Kumar Uppal and others V/s State of
Punjab.
246
6.
Judicial view on Work-charged service :
(i)
Some writ petitions were filed before the Hon'ble Punjab & Haryana High Court
by the Haryana Government employees seeking therein the benefit of service
rendered by them on work charged basis for the benefit of additional
increments after completion of 8/18 years service and higher standard scales
after completion of 10/20 years service. Out of these writ petitions, some writ
petitions were disposed off in terms of full bench judgement of Hon'ble Punjab
& Haryana High Court in R.K. Singla's case and some of the writ petitions
were disposed off by the Hon'ble High court in terms of judgement of Hon'ble
Punjab & Haryana High Court in CWP No. 18429 of 1996, Banta Ram &
others Vs. State of Haryana.
(ii)
The State Government filed various SLPs in the Hon'ble Apex Court against
the judgements of Hon'ble Punjab & Haryana High Court in the cases of work
charged employees. A total of 16 SLPs were tagged with the bunch matter in
the main case of civil appeal No. 13423 of 1996 State of Haryana Vs. Haryana
Veterinary and AHTS, Association & others. However, while disposing off the
said bunch matter, these 16 civil appeals were de-linked (wherein question of
counting of work charged service towards the benefit of additional increments
and higher standard scales was involved) on the contentions of the
respondents that the period rendered on work charged basis count for
seniority, increment and pension.
(iii)
The said bunch of appeals came up for hearing before a three judges bench of
the Hon'ble Supreme Court on 31st October, 2000 in the main civil appeal
No. 5740-5741 of 97 - State of Haryana Vs. Ravinder Kumar and others.
These appeals were disposed off vide order dated 31.10.2000. Operative part
of the judgement is reproduced as follows:"These batch of cases were de-linked while hearing another batch
of appeals from the same state which were disposed-off by us by
judgement dated 19th September, 2000. It is conceded by the learned
counsel appearing for the state that in these cases we are concerned with
employees who had been engaged initially on work charged basis and
later on they were regularized and brought into the cadre of the service.
It is also not disputed by the learned counsel appearing for the State that
this period, which the employee have rendered on work charged basis,
count for the purpose of increments in the cadre as well as the qualifying
service for the pension. We, therefore, see no justification in not counting
their period for the purpose of giving additional increment on completion
of 8 and 18 years of service as well as 10 and 20 years of service for
getting higher scale as per the Government circular, which obviously are
intended to avoid stagnation in a particular grade."
(iv)
The State Government filed a review petition against the order of Hon'ble Apex
Court in Ravinder Kumar's (Supra) case. In the said review petition, all the
facts and circumstances were brought to the notice of Hon'ble Apex Court
including the judgement in case of adhoc service. The said review petition
was, however, dismissed by the Hon'ble Apex Court.
(v)
Another attempt was made to place all the facts and circumstances in the
matter before the Hon'ble Apex Court in SLP No. 4158 of 98 - State of
Haryana Vs. Babu Ram. However, the said SLP has also been dismissed
following the judgements in Ravinder Kumar's case.
247
(vi)
A number of Civil Writ Petitions, filed by employees having rendered service
on work-charged basis, are still pending before the Hon'ble Punjab & Haryana
High Court. While disposing of CWP No. 425 of 2002 - Ram Karan Vs. State of
Haryana & others, it has been observed by the Hon'ble Punjab & Haryana
High Court that :"Government being the largest employer in this country is expected to
maintain certain requisite standards of service administration so as to
avoid unnecessary harassment to its employees. Once the matter is
settled up to the highest court of the land, the least that is expected from
the Government is to grant benefit to its employees whether they were
parties to the civil appeal before the apex court or not ".
7.
Decisions of the Government :
Keeping in view that the State Government has exhausted all remedies available
under the law and the ratio of judgements referred to above, the Government has decided to
implement the orders of the Hon'ble Punjab & Haryana High Court and the Hon'ble Supreme
Court of India. Accordingly, in super-session of all instructions issued in this behalf hereinbefore,
all the departments are directed to take action as follows :(i)
The adhoc service is not to be counted towards regular service for the purpose
of calculation of prescribed length of service for the grant of additional
increments on completion of 8/18 years service under the scheme introduced
vide Government letter dated 07.08.1992, the Scheme introduced by the
Government for Engineers of PWD (three wings) and Doctors vide
Government Instructions dated 2.6.89 read with clarificatory instructions dated
16.5.90, and the higher standard scales under the scheme of Higher Standard
Scales introduced for group 'C‘ & 'D' employees introduced vide letter dated
08.02.1994 but effective from 1.1.94.
(ii)
That the service rendered on work-charged basis followed by regular service
which count for the purposes of increments in the cadre as well as qualifying
service for pension, the same is to be taken into account for the purpose of
calculation of prescribed length of service under the scheme of additional
increments on completion of service of 8/18 years service implemented vide
Government instructions dated 07.08.1992 and for grant of higher standard
scales on completion 10/20 years service under the Scheme of Higher
Standard Scales introduced by the Government vide letter dated 08.02.1994 in
compliance of the orders of the Hon'ble Supreme Court of lndia in Ravinder
Kumar's case.
Provided that the said benefits may be granted on notional basis on the
relevant date(s) but the actual payment of arrears shall be confined to a period
of 38 months prior to the issuance of these instructions. However, in cases
where the requisite benefit has been granted by the Hon'ble Punjab & Haryana
High Court, the payment of arrears be allowed to the petitioners in such cases
for a period of 38 months prior to the date of filing of civil writ petitions by them
or the date of introduction of relevant scheme whichever is later. Further, in
case there are specific directions by the Hon'ble Court in a given case to pay
arrears for more than 38 months period, then the payments be made as per
specific directions only. Other terms and conditions of the schemes shall
remain unchanged.
(iii)
It may be please be ensured that the work charged service shall be countable
towards the benefit of additional increments under the scheme introduced vide
248
Government instructions dated 07.08.1992 and for Higher Standard Scales
under the scheme introduced vide instructions dated 08.02.1994.
Sd/(Balwant Singh)
Under Secretary (Finance)
To
All the Administrative Secretaries to Government of Haryana in
various Departments Heads of Departments/Divisional Commissioners/
Deputy Commissioners/SDOs (Civil) in Haryana/Registrar, Punjab &
Haryana High Court at Chandigarh/ Accountant General (A&E) Haryana
and the Accountant General (Audit) Haryana, with five spare copies in
each case for use in the offices.
***************
249
(19th March, 2002)
‖
‖
‖
‖
‖
250
‖
‖
‖
‖
‖
Contd…
Encl.
251
PERFORMA
I.
II.
(a)
Department
(b)
Subject/Title of the Review/Paragraph
(c)
Paragraph No.
(d)
Report No. and Year
(a)
Date of receipt of the Draft Paragraph/Review in the
Department
(b)
Date of Department‘s reply
III.
IV.
V.
VI.
Gist of Paragraph/Review
(a)
Do the Department agree with the facts and figures
included in the Paragraph?
(b)
If not, please indicate the areas of disagreement
and also attach documents in support.
(a)
Main Audit conclusions :
(1) Deficiency in the existing system including
system of internal control.
(2) Failure to follow the systems and procedure.
(3) Failure of individuals.
(4) Amount of loss/short assessment/short levy.
(b)
Do the department agree with the Audit
conclusions? If not/please indicate specific areas of
disagreement, reasons for disagreement and also
attach copies of relevant documents, where
necessary.
Remedial action taken :
(i)
Improvement in system and procedure including
internal controls.
(ii)
Recovery of over payment pointed out by Audit.
(iii)
Recovery of under assessment, short levy or other
dues.
(iv)
Writer off of amount of losses/wasteful
expenditure/irrecoverable amount.
(v)
Modifications in the scheme including financing
pattern.
(vi)
Review of similar cases/complete scheme/project in
the light of finding of sample check by Audit.
***************
252
MOST IMMEDIATE
No. 16/1/2002-4B&C
From
To
The Commissioners Ambala/Hisar/Gurgaon
and Rohtak Divisions,
Dated, Chandigarh, the 21st/25th March, 2002
Subject : Economy in expenditure — curtailment of consumption of petrol, lubricants
and diesel etc. by Govt., Vehicles.
Sir,
I am directed to refer to F.D. Circular letter No. 16/1/2000-4B&C, dated 20th March,
2001 on the above subject and to say that to enable F.D. to assess the total requirement of
POL/Diesel Coupons of your department for the year 2002-2003 following information may
please be furnished by the 31st March, 2002, at the latest :1.
Total No. of Vehicle with the Department During the year :
Sr.
No.
1.
2.
3.
Year
Petrol driven
Car/Jeep/other/total
Diesel driven
Car/Jeep/other/total
Designation of
the entitled
officer.
2000-2001
2001-2002
2002-2003
2.
Total Budget provision made by the Department for Pol/Diesel During the year 20022003 Rs. _______________________________.
3.
Pol/Diesel expenditure incurred by the Department During the year :
2000-2001
2001-2002
(Actual Expenditure)
(Actual Expenditure)
Pol
Diesel
4.
Value of Coupons issued by F.D. to Department During the year 2001-2002
5.
No. of Coupons of each denomination balance with the alongwith their total value.
6.
Demand of the Department for the year 2002-2003 with special reasons for increase
if any over 2001-2002.
7.
It is also made clear that no POL/Diesel Coupons will issued for the payment of
pending bills of the previous year and with the requisite information as required above,
253
POL/Diesel Coupons issued for the year 2001-2002 to the departments will not be treated as
valid after 31.3.2002 and new Coupons with a different colour will be issued to them from
1.4.2002 onwards. It is therefore, requested that the stock of unused coupons lying with you as
on 1-4-2002 may please be returned with the following certificate :―Certified that Pol/Diesel Coupons of the Value of Rs.______________ of the
following denomination are returned to the FD‖
Denomination
Value
It is also made clear that no coupons will be issued on adhoc basis in the absence of
the information asked for and the budget provisions for 2002-2003
8.
It may also be ensured that no bill pertaining to Pol/ Diesel expenditure is got passed
from the Treasury without attaching the coupons.
Yours faithfully,
Sd/Superintendent Budget and Committee,
No. 16/1/2001-4B&C
A copy is forwarded to the Accountant General, Haryana, Chandigarh for
information.
No. 16/1/2001-4B&C
A copy is forwarded to the :Special Secretary to Govt., Haryana
(P&A), Chandigarh.
All the Treasury Officers in Haryana for information and necessary action.
A copy is forwarded to the Financial Commissioners, Haryana, and all the
To
All Financial Commissioners and
U.O. No. 16/1/2001-4B&C
Dated, Chandigarh, the 25th March, 2002.
***************
254
From
To
All the Heads of Departments in Haryana.
Memo No. 6/30/2002-2PR(FD)
Dated, Chandigarh, the 22nd March, 2002
Subject : Court cases pending in the Hon‘ble Punjab and Haryana High Court with
regard to Higher Standard Scales & A.C.P. Scales.
Reference subject cited above.
2.
Various cases of grant of Higher Standard Scales and A.C.P. scales to the Haryana
Government employees are pending in the Hon'ble Punjab & Haryana High court. Most of the
cases are coming up for arguments on 21.04.2002 in the Hon‘ble Punjab & Haryana High Court.
You are, therefore, requested to please send the particulars of such court cases pertaining to
your department with the latest position of the case to the Finance Department within a week
positively so that the position is brought to the notice of Law Officers who are defending the
Court Cases in the Court.
Sd/Superintendent Pay Revision,
***************
255
These instructions have been Reiterated
from time to time.
MOST IMMEDIATE
DATE BOUND
No. 1/12/91-WM(7)
From
To
All Deputy Commissioners,
Sub Divisional Officers (Civil) in the State.
Dated, Chandigarh, the 1st April, 2002
Subject : Reconciliation of figures under the Major Head-‗0049-Interest Receipts.‘
Sir,
I am directed to invite your attention to Finance Departments letter No. 1/12/918WM, dated 11.12.2001 on the subject noted above, whereby you were requested that
departmental figures of receipts on account of loans and interests thereon should be regularly
reconciled with the receipts figures of Accountant General, Haryana. Loans and Advances are
granted all the Heads of Departments by Finance Department (Ways & Means Br.) and
recovery of interest on loans and advances are booked under the Major Head ‗0049-Interest
Receipts'. The Accountant General Haryana has again pointed out that reconciliation work upto
the month of December, 2001 under above cited Major Head has not yet been started by the
departments. You are therefore, requested to depute the concerned official of your department
to the office of Accountant General, Haryana and ensure that the reconciliation work is
completed within one week positively under intimation to the Finance Department. The
reconciliation work must be completed by the 7th Day of Second following month to which the
accounts pertains.
Yours faithfully,
Endst. No. 1/12/91-WM(7)
A copy is forwarded to the Deputy Accountant General, Haryana, (A&E), Chandigarh
for information.
256
A copy is forwarded to the Superintendent Budget & Committee Branch with
reference to his letter No. 20/1/200-6B&C, dated 18.3.2002 for information and necessary
action.
To
The Superintendent,
Budget & Committee Branch.
Endst. No. 1/12/91-WM(7)
***************
257
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 19th April, 2002
Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana
hereby makes the following rules further to amend the Punjab Financial Rules, Volume I in their
These rules may be called the Punjab Financial Volume I (Haryana First
2.
In the Punjab Financial Rules, Volume I, in rules 8.8, 8.9, 8.13 and the notes
thereunder, for the letters and figures ―Rs. 1000‖ wherever occurring the letters
and figures ―Rs. 500‖ shall be substituted.
A.N. MATHUR
No. 2/4/2000-3FR-II
All Deputy Commissioners and Sub Divisional Officers, Civil, in Haryana.
Sd/(Sammat Singh)
Under Secretary, Finance,
No. 2/4/2000-3FR-II
A copy is forwarded to Accountant General (A&E) Haryana, Chandigarh for information
with reference to their letter No. TM (T)/2001-02Sub.vr./2001-02/813 dated 8.11.2001
Sd/(Sammat Singh)
No. 2/4/2000-3FR-II
Haryana for information and necessary action.
258
2.
500 spare copies be supplied to Govt. for record.
Sd/(Sammat Singh)
No. 2/4/2000-3FR-II
A copy for information and necessary action is forwarded to :Financial Commissioners, Haryana.
All the Administrative Secretary to Govt., Haryana.
Sd/(Sammat Singh)
To
All the Administrative Secretary to Govt., Haryana.
U.O. No. 2/4/2000-3FR-II
***************
259
No. 46/1/2002-WM(6)
From
To
Dated, Chandigarh, the 22nd April, 2002.
Sir,
interest free advance of Rs. 4000/- (Rs. Four thousand only) to all Class-IV Govt., employees in
the State who wish to buy wheat for their own consumption during the year 2002-2003. The
advance will be recoverable in monthly instalments to be fixed by the Departments concerned
so as to effect its full recovery before the close of the financial year 2002-2003 i.e. full loan
should be recovered before 31.3.2002.
2.
3.
utilized the loan for the purchase of wheat. He should give this certificate
within one month of the drawal of the advance.
(ii)
(iii)
(iv)
(v)
(vi)
employees.
260
(vii)
4.
5.
positively in the enclosed Performa.
6.
etc-800- other Advances-(99) Advances for purchase of Food grains 50-advances (non-plan).
Govt. Servants etc. 800- other Advances-(99)Advance for Purchase of Foodgrains(Receipt).
Yours faithfully,
Sd/(S.R.Maurya)
Deputy Secretary Finance(B),
No. 46/1/2002-WM(6)
2.
The expenditure will be debited against grant No. 25 under Major Head, "7610-Loans
to Govt. Servants etc-800- other Advances-(99)-Advances for purchase of Food grains-50
Advances (Non Plan).
3.
Officers.
Sd/Deputy Secretary Finance(B),
No. 46/1/2002-WM(6)
Sd/Deputy Secretary Finance(B),
261
Copies are forwarded to :The Financial Commissioner Revenue, Haryana,
All the Administration Secretaries to Govt. Haryana;
Sd/Under Secretary Finance(B),
To
All the Administration Secretaries to Govt. Haryana.
No. 46/1/2002-WM(6)
A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Officers
on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/
Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board,
Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman,
Planning Board, Haryana.
Sd/Under Secretary Finance(B),
To
The Principal Secretary/Add. Principal Secretary/Officers on
Special Duty/Senior Secretaries/Secretaries/Private Secretaries to
the Chief Minister/Ministers/State Ministers/Chief Parliamentary
Secretary/Dy. Chairman, Planning Board, Haryana.
U.O. No. 46/1/2002-WM(6)
PROFORMA
Name of
Department
Name of Office
Officer
employees
1
2
3
4
S.
No.
Name &
Designation
of
employees
Total
amount
of
advance
Recoveries
upto last
month
Amount of
advance
recovered in
this bill
Total
amount
recovered
upto date
Balance
Remarks
1
2
3
4
5
6
7
8
***************
262
No. 28/35/2000-6B&C
From
To
The Registrar, Punjab & Haryana High Court,
All Deputy Commissioners in the State,
All Sub Divisional Officers in Haryana.
Subject : Computerized print outs of pay bills of State Govt. Employees.
Sir,
I am directed to address you on the subject noted above and say that vide F.D.
Haryana letter No. 28/35/2000-6B&C, dated 18th August, 2000, it was emphasized that the A.G.
Haryana was going to take up updating computerised enumeration of the State Govt.
employees on the basis of vouchers pertaining to pay and allowances for the salary month of
October, 2000. As such, all the DDOs were to be directed to ensure presentation of
computerized print outs of the pay bills for pay and allowances from the month of August, 2000
onwards to the Treasuries which may also be complete in all respect as per details given
therein.
Subsequently, on report from certain departments the condition of presentation of
computerized print out of pay bills was relaxed to the extent that the pay bills of such
departments/offices who are not having facility of computers be prepared manually, as
hithertofore, with complete requisite information.
Now it has come to the notice of the Finance Department that certain field offices are
getting pay bills of their employees printed through computer from open market and costs
thereof are being collected from the concerned employees. This practice must be stopped
immediately. It is, therefore, again emphasized that either Heads of Departments make
necessary arrangement of providing computer to their all field offices or supply computerized
proforma of pay bills to their sub offices which will be filled in manually by the concerned suboffices and presented to the concerned Treasury.
It is requested that necessary action may be taken at once, accordingly.
Sd/Deputy Secretary Finance (Budget)
No. 28/35/2000-6B&C
Dated 26.4.2002.
A copy is forwarded to the Accountant General, Haryana Chandigarh for information.
263
No. 28/35/2000-6B&C
Dated 26.4.2002.
A copy is forwarded to the Director, Treasuries & Accounts Haryana with the request
that all the Treasury Officers in the State may be instructed accordingly.
No. 28/35/2000-6B&C
Dated 26.4.2002.
A copy is forwarded to the Haryana Karamcharis Mahasangh 22, Santro Enclave,
Delhi Road, Hisar- 01662-22622 for information.
***************
264
FINANCE DEPARTMENT
No. 11/111/01-4FR-II
Dated, the 29th April, 2002
Office memorandum
Subject : Regarding sanction of cash payment in lieu of unutilised Earned leave on the
date of retirement/superannuation from Government service.
The undersigned is directed to refer to the subject mentioned above and state that
the matter of timely payment of dues on retirement/superannuation from Government service to
the retiring employees has been engaging the attention of the Government for some time in the
past. Instructions have been issued both by the office of Chief Secretary to Government of
Haryana and the Finance Department laying down time frame in this behalf. Encashment of
unutilised Earned Leave (subject to a maximum of 300 days) is one of the components of dues
becoming payable to a Government servant at the time of his retirement.
2.
The issue under consideration of the Government in this behalf pertains to the
delegation of powers for issuing sanction of payment on this account. It has been mentioned at
certain levels that powers to sanction the payment of dues on this account should be delegated
at lower levels with a view to avoiding delays and simplifying the procedures.
3.
The rules applicable in this behalf and the executive instructions issued on the
subject are as under :(i)
Rule 8.23 of the CSR, Vol. I, Part I and Appendix 12 contained in CSR Vol. I,
Part II detailing the delegation of powers.
(ii)
Executive instructions issued by the Finance Department vide its letter
bearing No. 11/5/78-FR-II dated the 13th February, 1978. (Copy of these
instructions is enclosed for ready reference). The instructions dated 13th
February, 1978 have to be read alongwith subsequent instructions bearing
No. 11/50/87-1FR-II dated 29.4.87 whereby the ceiling was increased from
180 days to 240 days and instructions bearing No. 11/12/98-4FR-II dated
12.8.1998 whereby the ceiling was raised from 240 days to 300 days.
4.
A perusal of Appendix 12 referred to above makes it clear that Heads of Offices are
competent to sanction leave in respect of all non-gazetted Government employees while the
Head of the Department is competent to sanction leave in respect of all Gazetted Government
employees (Class II) and Gazetted Government employees Class I up to the District level and
equivalent posts at the headquarters. The powers to sanction leave in respect of the Heads of
the Departments rest with the concerned Administrative Secretaries. It has been clearly
mentioned in the instructions dated 13th February, 1978 that the authority competent to grant
leave shall be competent to issue orders granting cash equivalent of earned leave at the credit
of the employee at the time of retirement.
5.
Accordingly, it has been decided that the authorities competent to sanction leave
(though within prescribed limits) would be competent to issue orders for payment of cash
equivalent to earned leave at the credit (subject to a limit of 300 days) in respect of the
employees superannuating from service at the time of retirement 15 days prior to the date of
superannuation but the payment in lieu thereof shall be released on the date of superannuation.
The sanction order in advance would only facilitate preparation of the bill and clearance thereof
265
from the treasury. The competent authority issuing the sanction order would exercise due
caution and ensure that :(i)
No earned leave is sanctioned to the retiring employee after the sanction
order is issued;
(ii)
In case the same has to be sanctioned on account of compelling reasons and
consequently, the leave available to the credit of the employee becomes less
than 300 days, a revised leave encashment order would be issued
superseding the initial orders adjusting the leave taken after the initial orders
were issued.
6.
All other conditions contained in the letter dated 13th February, 1978 would be
meticulously followed.
Sd/(Y.S. Malik)
Commissioner & Special Secretary to Government,
To
All the Administrative Secretaries to Govt. of Haryana/
Heads of Departments/Heads of Officers/Registrar, Punjab & Haryana
High court/All Divisional Commissioner/Deputy Commissioner/
SDOs (Civil) in Haryana with five spare copies in each case for
use in their offices.
Contd…
Encls.
266
Copy of letter No. 11/5/78-FR-II, dated 13th February, 1978 from the Commissioner &
Secretary to Govt., Haryana, Finance Department to (i) All Heads of Departments,
Commissioner of Ambala Division and Sub Divisional Officers. The Registrar, Punjab & Haryana
High Court and All District and Sessions Judges in Haryana.
Subject : Cash Payment in lieu of Unutilised earned leave on the date of retirement.
Sir,
I am directed to say that Haryana Govt. have considered the decision taken by the
Govt. of India, in respect of grant of cash payment in lieu of Unutilised earned leave at the credit
of Govt. employee at the time of retirement on superannuation & it has decided that the
Haryana Govt. employees retiring on "superannuation" on or after 31st January, 1978 will be
paid cash Equivalent of leave salary in respect of the period of earned leave at their credit at the
time of retirement. This concession will be subject to the following conditions :(a)
(b)
(c)
The payment of cash equivalent of leave salary shall be limited to a maximum
of 180 days earned leave.
The cash equivalent of leave salary thus admissible will become payable on
retirement & will be paid in one lump-sum as a onetime settlement.
Cash payment under this order will, subject to (d) below, be equal to leave
salary & dearness allowance admissible on that leave salary at the rates in
force on the date of retirement. No city compensatory allowance and/or house
rent allowance shall be payable.
(d)
From the cash amount worked out in accordance with (c) above will be
deducted the pension & pension equivalent of other retirement benefits for the
period for which cash equivalent of earned leave is payable.
(e)
The authority competent to grant leave shall suo-motu issue order granting
cash equivalent of earned leave at credit on the date of retirement.
2.
These orders shall not apply to cases of premature voluntary retirement or persons
who are compulsorily retired as a measure of punishment.
3.
A Govt. employee already on leave preparatory to retirement who has been allowed
to return to duty shall also be entitled to this benefit on the date of retirement.
4.
The Govt. employees who attain the age of retirement on or after 31st January, 1978
& are granted extension of service after that date, shall also be benefited by these orders. In
such cases, the benefit shall be granted on the date of final retirement on the expiry of
extension to the extent of earned leave at credit on the date of superannuation plus the earned
leave earned during the period of extension reduced by the earned leave availed during such
period, subject to a maximum of 180 days. This benefit will not, however, be available to those
who attained the age of retirement before 31st January, 1978 and were on extension of service
thereafter.
5.
Consequent on the issue of these orders, refusal of earned leave as preparatory to
retirement, embodied in Rule 8.21 of the Pb. C.S.R. Vol. I Part I, will no longer be necessary. A
Govt. employee can also avail of, as leave preparatory to retirement, a part of earned leave at
his credit. In that case, he will be allowed benefits of these orders for the earned leave that
remain at credit on the date of retirement in accordance with the terms & conditions stipulated in
this letter.
6.
Necessary amendment to the Pb. C.S.R. Vol. I Part I, will be issued in due course.
7.
Please acknowledge the receipt of this letter.
**************
267
These instructions have been partial modified vide
No. 38/110/99-WM(5), Dated 06.05.2005.
No. 38/110/93-WM(5)
From
The Financial Commissioner & Principal Secretary to Govt.,
To
Dated, Chandigarh, the 2nd May, 2002
Subject : Grant of Loans and Advances to Government Servants for the celebration of
marriage.
Sir,
I am directed to invite your attention to the Finance Department circular letter
No. 38/110/93-WM(6) dated 10th June, 1993, on the subject cited above vide which instructions
were issued by the Finance Department that application for the grant of marriage advance
complete in all respects be sent to the Finance Department (in Ways & Means Branch) at least
one month before the actual date of marriage. It has been observed by the Finance
Department that many Departments are not adhering to these instructions meticulously.
This has resulted in hardship to needy employees and in some cases to
unnecessary litigations. It is, therefore, re-iterated that the above instructions be followed
strictly. Application Form and Check List for the proposal are enclosed. It is again stressed
that any application found incomplete or not received one month before the date of marriage as
specified above, will not be entertained by the Finance Department and will be rejected
straightway.
2.
These instructions may kindly be brought to the notice of All Drawing and Disbursing
Officers under your control for strict compliance.
3.
Receipt of these instructions may be acknowledged.
Yours faithfully,
Sd/(P. K. Das)
Special Secretary Finance(B),
268
No. 38/110/93-WM(5)
Dated, Chandigarh, the 2nd May, 2002.
A copy is forwarded to. the Accountant General (Audit & A&E), Haryana,
Sd/Special Secretary Finance(B),
No. 38/110/93-WM(5)
2.
3.
4.
5.
6.
7.
All the Financial Commissioner & Administrative Secretaries to Govt.,
Haryana.
Vice Chancellors of Universities and Directors of Medical Colleges in Haryana
State.
Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief
Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman,
Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy
To
The Principal Secretary/Addl. Principal Secretary/Officers on Special Duty/
Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/
Minister/Ministers/State Ministers/Chief Parliamentary Secretary/
Deputy Chairman, Planning Board.
U.O. No. 38/110/93-WM(5)
Contd…
Encl.
269
Application Form for Marriage Advance
1.
Name (in Block Letters)
: ___________________
2.
Father‘s/Husband‘s Name
: ___________________
3.
Name of the Parent Department & Designation
: ___________________
4.
Name of the Department where working
: ___________________
5.
Emoluments on which the loan is admissible:
Salary Head:____ Basic Pay: ______ Spl. Pay ___ Total ______
6.
Whether permanent or Temporary (If temporary,
surety of one permanent Govt. employees on the
Non Judicial stamp paper of Rs. 15/- be
attached.)
7.
Purpose of Advance
: ___________________
8.
Amount of advance required
: ___________________
9.
Date of Joining in Haryana Govt., Service
: ___________________
10.
Date of Birth
: ___________________
11.
Date of Superannuation
: ___________________
12.
Date of Birth of Son/Daughter/Sister
: Date_____________
13.
Exact date of marriage
: ___________________
14.
Whether advance for the same purpose was Date.______________
obtained previously; if so;
Amount ____________
15.
(i)
Date of drawal of the first advance:
_______ Rs.________
(ii)
Date of drawal of the second advance
_______ Rs.________
(iii)
The amount of advance 1st/2nd or ______________
interest thereon still outstanding if any,
(iv)
Name & Date of Birth of the Child/Sister Name________________ Date of
for whom previous Marriage Advance Birth,_________
was drawn.
Whether Husband/wife, is in Govt. service:
Dated_____________
_____________________
Signature of the Applicant _________________
Designation ____________________________
Department ____________________________
Certified that my wife/husband is/is not a Haryana Government employee and
he/she has not applied/obtained Marriage Advance for the same purpose.
Dated:____________
Signature of the Applicant with Designation.
270
CERTIFICATE FROM THE DEPARTMENT
It is certified that the advance of Rs. _____________________ (Rupees
__________________________________) applied for is admissible according to the
instructions and the information given by the applicant is correct.
2.
It has been verified that the Daughter/Sons/Sister of the employee is really
dependent upon him and she/he had not drawn marriage advance earlier for the same.
Signature of Drawing & Disbursing Officer
Countersigned.
Signature of the Head of Department
271
Form of agreement to be executed while applying for an Advance for the celebration of
the Marriage in the Family of a Government Servant.
An agreement made this _______ day of ________Two thousand two between
Shri_____________________ s/o Shri _____________________ (hereinbefore called the
borrower, which expression shall include his heir administrators executors and legal
representatives) of the one part and the Governor of Haryana of the other part.
Whereas the Borrower has completed five years service under the
Government on ____________and is not an adhoc employee.
Haryana
Whereas the Borrower has under the instructions for the grant of advance to Govt.
Servants of Haryana Govt. issued vide Finance Department No. 1759-WM(1)9184 dated 12th
March, 1974 (hereinafter referred to as the said rules which expression shall include any
amendment thereof addition there to for the time being in force) applied to the Governor of
Haryana (hereinafter called the Govt.) for an advance of Rs. _____________ (Rupees
________________________) for the celebration of the marriage of his _____________
on the terms and conditions hereinafter contained and where as the application of
the borrower for the said advance is being considered by the Government.
How it is hereby agreed between the parties thereto that in consideration of the sum
of Rs.__________ to be paid by the Govt. to the borrower if and when the Govt. Sanction the
said advance the borrower hereby agrees :1.
to pay the Govt. the said advance with interest calculate according to these rules and
by monthly deductions from his salary as provided hereby authorises the Government to make
such deductions.
2.
to expend, within one month from the date of drawl of the advance, the full
amount of the said advance in the celebration of the aforesaid marriage or if the actual
expenditure incurred on account of the marriage is less than the advance to repay the
difference to the Govt. forthwith.
3.
in the event of borrowers reversion from Govt. service before the advance drawn
together with interest is fully repaid to repay in one lump sum the amount outstanding and the
interest due before borrower is actually relieved from the Govt. Service.
4.
to refund forthwith the amount of advance together with interest in one lump sum if
the aforesaid marriage could not be celebrated of the amount of the advance could not be
utilised for the purpose for which it was sanctioned.
5.
if the borrower within the period already fixed for recovery of the principal and
interest thereon becomes insolvent of quit the service of the Govt. or dies, the whole amount of
the advance and interest accrued thereon shall immediately become due and payable.
It is hereby also agreed and declared that if the borrower dies before the advance is
repaid to have the balance outstanding together with interest due, recovered from the deathcum-retirement gratuity payable by the Govt. to the legal heirs of the borrower.
In witness where of borrower and for and On behalf of the Government of Haryana
have here-unto get their hands on the date aforementioned.
Signed by the said in the presence of
(Signature and Designation of the borrower)
(Signature of the witness)
Signed by (Name & Designation)
for and on behalf of the Governor of Haryana in the presence of
(Signature and Designation of the Officer)
272
SURETY BOND
FOR GRANT OF MARRIAGE ADVANCE TO TEMPORARY GOVERNMENT SERVANTS.
This deed is made on the -------- day of------------, Two thousand and ------- between
Shri. --------------------------------------------- Working as ----------------------------in the department --------------------------------and Shri ------------------------------------------------------- working as ----------------in the department ---------------------------- (hereinafter referred to jointly and severally as the
sureties) of the one part and the Governor of Haryana (hereinafter referred to as the
Government) of the other part.
Whereas the loan of Rs.---------------- has been granted to Shri--------------------------------------------------------------working as ------------------------in the department ------------------------------------hereinafter referred to as borrower) of the terms and conditions in the
agreement dated --------------- subject to the borrower furnishing a permanent Government
Servant as surety to guarantee the due performance and observation by him of the conditions of
the agreement dated --------------.
And whereas the borrower has completed five year service under the Haryana
Government on -------------------------- and is not adhoc employee.
And Whereas Shri--------------------------------------------and------------------------------have
fulfillment of the conditions of the Marriage advance of loan agreed to stand as surety for the
Borrower on the terms and conditions hereinafter appearing.
Now this deed witnesses and the parties hereto agree as follows :1.
In pursuance of the said agreement and in consideration of sum of Rs.---------------advance by the Government to the Borrower as loan, the surety hereby agrees that the
borrower shall duly, faithfully, and punctually perform all the conditions set out in the agreement
dated---------------- and to be performed and observed by him and that in the event of the failure
of the borrower to perform any of the said conditions and of the borrower dying or ceasing to be
in service for any cause that what so ever before the amount due to the Government from the
borrower is fully paid off, the surety shall immediately pay the entire amount due to the
Government on account of the principle and interest under the said agreement.
2.
For the consideration aforesaid and in further pursuance of the agreement it is
hereby agreed that the Government granting time or any other indulgence to the borrower shall
not affect the liability of surety.
3.
The Government shall be entitled to deduct from the pay, Traveling Allowance or any
other sum which may be or become payable by the Government to the surety the amount due
to it from the surety under this deed.
In Witness where of the parties have signed, this deed on the dates respectively mentioned
against there. Signature in the ______ year of the Republic of India.
Witness :
1. Signature of Surety & Designation
Witness :
2. Signature of Surety & Designation
Signed by
for and on behalf of the Governor of Haryana.
273
AFFIDAVIT
I,_______________________________S/O________________________resident of
__________________________presently working in the office of _________________ as
__________________ do hereby solemnly affirm and declare as under :1.
That my sister Km. __________________ D/o _____________________ wholly & solely
is dependent upon me.
2.
That my sister's date of birth is _________________________________
3.
That the marriage of my sister has been fixed on ___________________
4.
That I am the eldest son of my family and the sister for whose marriage loan is being
obtained is wholly and solely dependent upon me and financial condition of the parent is
such that they cannot perform marriage by themselves.
Place :
DEPONENT
Dated :
Verification:
It is verified that above statement of mine is true and correct to the best of my
knowledge and belief and nothing has been concealed therein.
Place :
DEPONENT
Dated :
Annexure – IV
I, _______________ do-hereby authorize the Accountant General, Haryana to
recover from the Death-cum-retirement gratuity, the amount which would become due to him on
the date of superannuation/retirement the balance of outstanding marriage advance, with
interest in terms of the penultimate paragraph of the agreements dated the
______________________
Dated :
Signature ___________________
Designation : ________________
Certified that I hereby cancel the nomination made by me in respect of Death-cumretirement gratuity to me at the time of retirement.
Signature __________________
Designation : _______________
274
CHECK LIST FOR MARRIAGE ADVANCE :
1.
Marriage Loan will be granted only on the completion of five year of regular service.
2.
Application Form, Agreement Form and Annexure-IV.
3.
In case of regular employees, surety of two permanent employees on Stamp Paper
of Rs. 15 may be obtained.
4.
Recommendation and signature of the Sanctioning Authority.
5.
All column verified by the DDO.
6.
The advance shall be recovered in not more than 70 (Seventy) monthly installment.
Principal and interest accrued thereon be recovered from the employee before his
retirement.
7.
Application form duly filled in by the applicant.
8.
Date of Birth certificate issued by one of the following authority :
(a)
Registrar, Birth and Death, Health Department.
(b)
School leaving certificate.
(c)
Civil Surgeon.
9.
Confirmation order of the applicant.
10.
For sister's marriage the employee shall have to produce an affidavit on non Judicial
paper of Rs. 3/- to the effect that he is the eldest Govt. employee in the family and
the sister for whose marriage loan is being obtained is wholly solely dependent upon
him, and financial condition of the parents is such that they cannot perform marriage
by themselves.
***************
275
FINANCE DEPARTMENT
No. 2/3/2002-3PR(FD)
To
1.
2.
3.
4.
All Head of Departments
Commissioners of Divisions.
Deputy Commissioner & Sub Divisional Officers (Civil) in Haryana.
The Registrar, Punjab & Haryana High Court Chandigarh.
Subject : Fixation of pay in the revised pay scale/ACP scale in cases where the date of
annual increments was on 01.01.1996.
Sir,
I have been directed to invite your attention to the subject mentioned above and
to the provisions contained in the following rules with regard to exercising of option for fixation of
pay in the revised pay scales/ACP scales for those whose date of increment falls on
01.01.1996:
(i) Note 1 below Rule-7 of Haryana Civil Services (Revised Pay) Rules, 1998.
(ii) Note 1 below Rule-15 of Haryana Civil Services (ACP) Rules, 1998.
2.
Provision in these rules is as under :"Where the increment of a Government servant falls on 1st of January, 1996,
he shall have the option to draw the increment in the existing scale or the
revised scale."
3.
In the absence of a specific provision for the option on this point in the proforma
given for exercise of option, under the above said notes, cases are being received from various
departments that some of the employees whose date of increment was 01.01.1996 could not
exercise their option properly.
4.
The matter has been considered and it is clarified that an employee, whose normal
date of increment was 01.01.1996, may be allowed to re-exercise his option on this account
under note-1 of either rule mentioned above as the case may be, if the same is beneficial to
him. This option will be exercised by him within a period of three months from the date of issue
of these instructions.
Yours faithfully,
Sd/Superintendent Pay Revision
***************
276
No. 4/7/99-4FR-II/808
From
To
Sir/Madam,
19th November, 2001, on the subject noted above and to say that the Governor of Haryana is
average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and
revised pension/family pension with effect from 1st January, 2002 to modified as below :-
Rates of Dearness Relief on unrevised pension/family pension
Date from
which
payable
1.1.2002
Per month
(i)
Not exceeding Rs. 1750/-
1.1.2002
2.
Payments of dearness relief involving a fraction of rupee shall be rounded off to
the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the
277
3.
4.
5.
6.
7.
Yours faithfully,
Sd/(S.P.Gupta)
***************
278
FINANCE DEPARTMENT
No. 4/2/98-1FR-II/639
To
Sub Divisional Officers (Civil) in Haryana Chandigarh,
Subject :
Sir,
I am directed to refer to this Department circular letter No. 4/2/98-1FR-II/1811,
pleased to decide that dearness allowance payable to Haryana Govt. employees shall be
enhanced from the existing rates of 45% to 49% of the pay w.e.f. from 1st January, 2002.
2.
2.
3.
4.
Basic Pay
may be.
Interim relief-I
Interim relief-II.
3.
The arrears on account of enhancement in Dearness Allowance from
1st January, 2002 to 30th April, 2002 in respect of all Govt. employees shall be credited to their
General Provident Fund Account. However, the additional instalment of D.A. payable under
these orders shall be paid in cash from 1st May, 2002 i.e. for the month of May, 2002 paid in
June, 2002.
4.
Yours faithfully
Sd/(S.P.Gupta)
***************
279
No. 5/6/92-1B&C
From
To
The Registrar, Punjab and Haryana High Court, Chandigarh,
Commissioners, Rohtak, Hisar, Gurgaon & Ambala Divisions,
All the Deputy Commissioners in Haryana,
All the Managing Director of Boards/Corporation in Haryana,
The Registrar, M.D. University, Rohtak,
Kurukshetra University, Kurukshetra,
H.A.U., Hisar & Guru Jambheshwar University, Hisar.
Subject : Economy measures.
Sir.
I am directed to invite your kind attention towards F.D. letter of even number dated
5.7.96 on the subject cited above and to say that in Para 3(iii) of these instruction it was
prescribed that repair of vehicles at Private workshop be got done only up to an expenditure
limit of Rs. 1500/- at a lime. After careful consideration by the Government, it has now been
decided to revise the repairing limit from Rs. 1500/- to Rs. 2000/- with immediate effect. So far
as replacement of tyres and tubes of Govt. vehicles is concerned, it must be done from Central
Workshop. The repair above Rs. 2000/- may be done from authorized workshop and the rate of
such repairs may be got finalized before the repairs are carried out.
Yours faithfully,
No. 5/6/92-1B&C
Dated : 20.5.2002
A copy is forwarded to the Accountant General (Audit & A&E) Haryana for
A copy is forwarded to all the Financial Commissioner & Principal Secretary/
Commissioner & Secretary to Govt. of Haryana for information and necessary action.
280
To
All the Financial Commissioner & Principal Secy./
Commissioner & Secretary to Govt. of Haryana.
U.O. No. 5/6/92-1B&C
Dated : 20.5.2002
A copy is forwarded to all the Branch Officers/Supdts. in the Finance Department for
To
All the Branch Officers/Supdts. of Finance Department.
U.O. No. 5/6/92-1B&C
Dated : 20.5.2002.
***************
281
No. 2/1/2/90-3FR-II
From
To
Dated, Chandigarh, the 22nd May, 2002
Subject : Disbursement of Pay and Allowances/Pension for the month of May, 2002.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 1st June,
2002, and 2nd June, 2002 on account of Saturday and Sunday respectively, the Governor of
Financial Rules Vol. I, the pay and allowances for the months of the May, 2002 for all
Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of May, 2002 for
Government Treasuries may be drawn and disbursed on the 31st May, 2002.
Yours faithfully,
Sd/(S.P.GUPTA)
No. 2/1/2/90-3FR-II
Sd/(S.P.GUPTA)
No. 2/1/2/90-3FR-II
282
Sd/(S.P.GUPTA)
Sd/(S.P.GUPTA)
To
U.O. No. 2/1/2/90-3FR-II
Ministers of State/Chief Parliamentary Principal Secretary for the information of the Chief
Minister/Ministers/Ministers of State/Chief Parliamentary Secretary.
Sd/(S.P.GUPTA)
To
Secretary, Haryana.
U.O. No. 2/1/2/90-3FR-II
***************
283
No. 12/22/2001/PE (FD)-A-I
From
To
All Heads of Departments.
Subject : Recoveries of interest of loans and Advances.
Sir,
I am directed to draw your kind attention towards instructions issued by the Finance
Department vide letter No. 12/1/33/PE (FD)-97, dated 21-7-97 and letter No. 12/22/2001/PE
(FD)-A-I, dated 16.1.2002, whereby it was impressed upon you that guidelines issued by the
Finance Department for watching of recovery of Govt. loan, interest and dividend may be
followed in letter and spirit and Quarterly Progress Report in respect of your department may
please be sent to the Finance Department (in Budget and Committee Branch) through your
Administrative Department. However, the details of the outstanding loans recovered so far has
not yet been made available to Finance Department for onward submission to the Vidhan
Sabha.
It is, therefore, requested that the requisite information regarding recovery of
outstanding loans as on 31.3.2002 may please be sent on the enclosed proforma to the Finance
Department (in Budget and Committee Branch) through your Administrative Department with a
copy of the same to PE (FD) Branch.
Yours faithfully,
Sd/Accounts Officer (PE),
Contd…
Encl.
284
PROFORMA
Position of recovery of Outstanding loans on 31.3.2002
Sr.
No.
Name of the
Department/
Board/Corporation
Amount of Loans
sanctioned released
alongwith sanction
number & date.
1
2
3
Amount recovered
Principal
Interest
Panel
Interest
4
Balance
5
Principal
Interest
Panel Interest
***************
Total
Total
285
MOST IMMEDIATE
No. 1/3/2002/Asstt/HBPE
From
To
Chief Executive officers of all the Boards/Corporations/
Co-operative Institutions in the State of Haryana.
Subject : Passing of speaking orders as per directions of the Hon'ble Courts.
Sir,
I am directed to invite your kind attention to the subject noted above and to say that
in some cases State Public Enterprises are passing speaking orders as per the directions of
court at their own level without the approval of Administrative Department. But in some cases
where Administrative Department did not agree with the proposal of State Public Enterprises in
that situation legal complication can arise.
2.
To avoid these problems, it has been decided by Standing Committee on Public
Enterprises that in future before passing speaking orders as directed by Hon'ble High Court,
concurrence/counseling of Administrative Department be taken. These instructions should be
adhered to strictly.
Yours faithfully,
for Member Secretary Haryana Bureau of Public
***************
286
These instructions have been revised vide
No. 2/7/81-WM(1), Dated 07.01.2008
No. 2/7/81-WM(1)
From
To
Subject : Grant of Loans and Advances to Government employees for the purchase of
constructed house.
Sir,
I am directed to refer to this Department's circular letter No. 2/7/81-WM(1) dated the
29.1.1993 on the above subject and to say that the matter regarding grant of House Building
Advance to the employees who want to purchase built up house from private sources has been
under active consideration of the Finance Department and it has now been decided to extend
the facility of house building advance for the purchase of constructed house from private source
on the following conditions :(i)
The loanee will produce documentary proof obtained from the HUDA/
Revenue Authority/Municipal Committee about the location of the dwelling
unit in an approved colony, its valuation and clear title of house.
(ii)
The loanee will get the flat/house mortgaged in favour of Government
within one month from the drawal of advance.
(iii)
The loanee will furnish copy of mortgage deed to his/her Head of Department
within one month of the registry of the purchased house failing which 10%
penal interest above the normal rate of interest will be charged from loanee
and the whole loan amount will be recovered in lump sum from the loanee
and loanee will be debarred from all types of Government loans for future.
(iv)
The loanee would also get comprehensive insurance of the flat/house against
damage by fire, flood and lightening extending the policy to include the rights
and interests of the Governor of Haryana.
(v)
The case of loan and advance must be examined carefully by the Head of
Department in accordance with the Rules and Instructions issued by the
287
Finance Department from time to time and cases complete in all respect
should be forwarded to the Finance Department to avoid inconvenience and
wastage of time in correspondence. Incomplete applications will not be
entertained.
(vi)
The loans and advance applications of employees on deputation with
Boards/Corporation or with other departments would be forwarded by the
parent department and not by the borrowing department/organization where
the employee is working on deputation.
(vii)
Generally the Utilization Certificates are not forwarded to the Finance
Department by the respective departments, which results in delay in
releasing subsequent instalment(s). The Utilisation Certificate under the
signature of the loanee and duly verified by the Head of Department may be
forwarded to the Finance Department. It may also be ensured that the
utilization certificates are in accordance with the rules/instructions issued by
the Finance Department from time to time.
(viii)
The employees will not be allowed to enter into direct correspondence with
the Finance Department.
. .
(ix)
Application form and Check list is also enclosed.
(x)
These instructions may be brought to the notice of all officers/official working
in Government.
2.
The other conditions for grant of House Building Advance as laid down in the
rules/instructions issued by the Haryana Government Finance Department, from time to time
remain unchanged.
Please acknowledge receipt.
Yours faithfully,
Sd/(P.K.Das)
Special Secretary Finance (B).
No. 2/7/81-WM(1)
A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh
Sd/(S.R.Maurya),
No. 2/7/81-WM(1)
288
action :1.
2.
3.
4.
5.
6.
7.
All the Financial Commissioner & Administrative Secretaries, to Government
Haryana.
Delhi.
Haryana State.
Sd/(S.R.Maurya),
Deputy Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private
Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy
Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State
Sd/(S.R.Maurya),
To
The Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/
Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to
Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy
Chairman Planning Board.
U.O. No. 2/7/81-WM(1)
Contd…
Encl.
289
CHECK LIST OF HOUSE BUILDING-ADVANCE
Check list for New Construction :1.
Application form and Agreement Form (Annexure III) in prescribed Performa duly
signed and recommended by the Sanctioning Authority/Head of Department.
2.
Detail of loan taken earlier - If drawn intimate basic pay and financial year.
3.
Previous amount drawn with copy of sanction letter
4.
(a)
Purpose of Previous advance.
(b)
Mortgage of previous advance.
Allotment letter, possession
case of HUDA Plot.
letter
and
map
duly
passed
by
HUDA
in
(a)
Clear title of plot duly verified by Tehsildar/Revenue Authority in case plot is
in Lal Dora.
(b)
Registry of plot in general cases.
(c)
Map duly passed by MC in case plot is in Urban Area.
5.
Surety of one confirmed employee in the case of regular employees on the Judicial
paper worth Rs. 15 duly attested by DDO.
6.
Col. 1 to 13 must be verified by DDO.
7.
Affidavit on judicial paper worth Rs. 3/- that applicant has no other house in his/her
name or in the name of his/her family member anywhere in India.
8.
Annexure IV regarding recovery of outstanding loan from DCRG may be
obtained.
9.
In case of Joint Ownership Annexure V regarding wife/husband No Objection
certificate from
wife/husband for
mortgaging
the property in the
name of Governor of Haryana may be obtained.
Check list for Under Construction :1.
In case of less than 40% loans utilisation certificate of material for construction may
be submitted.
2.
First Installment of 40% loan utilisation certificate upto plinth Ievel may be
submitted.
3.
For 2nd installment of 30% utilisation certificate of roof laid may be obtained.
4.
After 3rd installment utilization certificate of completed House may be submitted.
Check list for Repair/Extension cases :1.
Clear title of owner ship.
2.
Detail of previous loan taken by officer/officer may be clearly mentioned in column
No. 9.
3.
Agreement Bond/Annexure IV/V/VI.
4.
In case of regular employee
paper on worth Rs. 15/-
5.
Recommendation and sign of the Sanctioning Authority.
surety
in
prescribed
proforma
on
stamp
290
6.
Undertakings regarding no objection for mortgage the property against loan from
husband/wife in case of joint ownership.
7.
Map duly verified /counter signed by Revenue Authority in case of house is in Lal
Dora in rural area.
8.
Completion certificate in case of house falls in Urban area by the Competent
Authority.
9.
All column verified by the DDO
10.
Repair/extension loan is granted after ten year from the first instalment of House
Building Advance.
11.
After five years Loan is granted for repair/extension after 5 years of possession in
case applicant has not obtained loan from Govt. for construction of house.
Check list for Purchase of plot :1.
Application form and Agreement Form (Annexure III) in prescribed Performa duly
2.
Detail of loan taken earlier - If drawn intimate basic pay and financial year.
3.
Previous amount drawn with sanction letter
(a)
(b)
4.
Surety of one confirmed employee in the case
on the Judicial paper worth Rs. 15 duly attested by DDO.
of
regular
employees
5.
Col. 1 to 13 is verified by DDO.
6.
Affidavit on stamp paper worth Rs. 3/- that applicant has no other house in his/her
name or in the name of his/her family members anywhere in India.
7.
Annexure IV regarding recovery of outstanding loan/interest from DCRG.
8.
Annexure V from applicant on the Stamp Paper worth Rs. 3/-
9.
10.
Agreement for purchase of plot.
11.
Departmental permission for purchase of plot under Employees Conduct Rules,
1966.
Check list for Housing Board/Society :Housing Board
1.
Allotment letter of Board/DDA and any other Government Agency.
2.
One surety of confirmed employee is required for regular employee.
3.
Surety of two confirmed employee worth on stamp paper Rs. 15/- is required for
security of loan, regular and confirmed employee.
4.
Annexure III, IV, V, VI are also required.
Society :1.
Proof of membership of society.
2.
Full comprehensive insurance of the flat /house against damage by fire flood and
291
lightening extending the policy Governor of Haryana.
3.
Surety of one permanent employee in case of regular employee.
4.
The loanee will furnish surety of two permanent Govt., employees in lieu of
mortgage.
5.
The loanee will get the flat/house mortgaged to Govt. and the charge of the Govt.
would be the first claim on the property in the event of default in repayment of Govt.
loan and the loanee must obtain prior consent of the Cooperative Housing Society
for this purpose.
292
APPLICATION FOR HOUSE BUILDING ADVANCE
(Rule 10, 16, 10.17, 10.18, 10.19 of the P.F.R. Vol. I)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Name of the Applicant (in block letters) ____________________________
Designation (Gazetted/Non Gazetted)
Father's/Husband's Name
Name of Department/Branch _________________________________________
Emolument on which the loan is admissible
(i)
Basic Pay ________________________
(ii)
Special Pay _______________________
(iii)
Total ____________________________
Head of Account
Amount of advance applied for _______________________________
Recoverable in ______________
instalments of Rs. __________________
Purpose of advance now: applied for
Whether any advance has been drawn previously for house
building/repairs/Extension of house under any rules/scheme if so:
(i)
Date of drawal of the advance
(ii) Purpose for which the advance was drawn. _______________________
(iii) Amount of advance drawn
_______________________
(iv) Pay on which such advance was calculated:
Basic Pay ___________
S.P. __________ Total _____________
v. Rules/scheme under which the advance was drawn. ________________
Whether the house built with an advance has
been sold if so, indicate sale proceeds;
____________________
Whether the house/plot purchased/constructed with the
advance has been mortgaged to Govt. as prescribed ____________________
under the rules;
(a) Date of birth of the applicant
____________________
(b) Date of entry into Government service.
____________________
(c) Date of superannuation
____________________
Whether husband/wife is a Government servant,
if so, whether he/she has obtained any house ____________________
building advance from Government.
Whether permanent or temporary Government
servant, if temporary adequate surety of permanent
Government servant to be furnished in addition to
mortgaging the house to Govt. in the prescribed form on
non-judicial paper worth Rs. 15/-.
____________________
PURCHASE OF PLOT
(i) (Whether advance is required for the purchase
of plot, if so, the details of the source of the plot
purchased, the approx. cost and a documentary
the seller of the plot may be proof with regard to ____________________
the clear title of attached (see rule 10.16 (vii) of
P.F.R. Vol. l)
293
17.
18.
19.
20.
(it) Whether the sanction of Govt. for the purchase of
plot, if negotiated from a source other than regular or
reputed dealer has been obtained as required under
Govt. Employee's Conduct Rules, 1966 if so, a copy
of the sanction be attached.
(iii) A certificate to the effect that the advance
is required for the construction of house at
place for personal residence may be attached
CONSTRUCTION OF HOUSE :
(a) whether advance is required for the construction of
house on plot already purchased with own resources
or from Government money if so, an attested copy of
the conveyance deed executed may be attached.
(b) A certificate to the effect that the sum will be utilized
for construction of house only and if there are any
surplus funds after the house has been completed,
that will be refunded at once may be attached. Rule
10.16(ix).
(c) Documentary proof that the plans etc. have been
approved by the HUDA/MC/Tehsildar concerned.
REPAIR OF HOUSE :
In case the advance is required for repair, a certificate to
the following effect be added :(i) The repairs are required to make house rehabitable
(ii) These are not in the nature of ordinary repairs.
(iii) These involve an outlay larger in comparison with
the value of the house and that no such advance for
the repair has previously been drawn in respect of
the same house and that ten years have elapsed
since the drawal of the advance in case of any
advance from the Government (Rule 10.19 of
P.F.R. Vol. I).
EXTENSION OF HOUSE :
Whether the house proposed to be extended was
constructed with the financial assistance from the State
Government if so, the details of the loan obtained may be
specified as under:(i) Total loan obtained
(ii) Pay at the time the loan was obtained
Basic Pay Rs. _______________
(iii) If the loan was obtained under any other scheme the
total amount of loan may be indicated
(iv) Documentary proof that plan for extension has been
approved by the local body or the Estate
Officer/Tehsildar.
(v) If any advance was drawn for repairs of the house
earlier full details thereof may be indicated.
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
SP
Total
________
Rs. ____________
____________________
____________________
____________________
BUILT OF HOUSE:
In case the advance is required for the purpose of built up
house the following certificate may be attached
____________________
(i)
Documentary proof to show that the bargain for the
294
21.
22.
23.
24.
purchase of house has been finalized.
(ii) The place and the full particulars of the house for
which the advance is required
(iii) Location of the dwelling unit in an approved colony.
(iv) Valuation from B&R/MC/Teh.
(v) Clear title of House duly verified by HUDA/MC/Teh.
A certificate to the effect that the advance is required for
the bonafide personal residence.
A certificate to the effect that the applicant has an
undisputed title to the house/plot in the case of purchase
of a built up house a certificate may be furnished that the
house is free from all encumbrances.
Whether any funds earmarked for you either by the
Department Or the FD was surrendered during the last
financial year and of so, full particulars thereof together
with reasons for surrendering the amount may be given.
An affidavit on non-judicial paper worth Rs. 3/- that the
applicant has no other house/plot in India.
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
It is certified that the information given above is complete and true to the best of my
knowledge and nothing has been concealed therein.
Dated :
(Signature of the Applicant)
Designation : _________________________
Branch : _____________________________
It is certified that the above information supplied by the applicant is correct
according to the official record maintained in this office. It is also certified that the advance of
Rs. applied for is admissible and all formalities required to be complied with have been
completed.
Place :
Signature of Sanctioning Authority
Dated :
295
SURETY BOND
This deed is made on the _________ day of the _______, Two thousand _________
Between Sh. _________________ and caste ___________ and resident of H. No. __________
working as ______________ in the office of _____________________ (hereinafter referred to
as the surety) of the one part and the Governor of Haryana (hereinafter referred to as the
Whereas the loan of Rs. ______ (Rupees ______________) has been granted to
Sh. ______________ resident of _______________ working as _____________ in Office of
_____________ (hereinafter referred to as the borrower) of the terms and conditions in the
agreement dated __________ and subject to the borrower furnishing a permanent Government
the agreement dated ___________ and/or of the mortgage deed, dated _______________.
And where as Shri _______________ has fulfillment of the conditions of the advance
of loan agreed to stand as surety for the Borrower on the terms and conditions hereinafter
appearing.
Now this deed witnesses and the parties hereto agree as follows :(1)
In pursuance of the said agreement and in consideration of sum of Rs. ____
advance by the Government to the Borrower as loan, the surety hereby
agrees that the borrower shall duly, faithfully, and punctually perform all the
conditions set out in the agreement dated _____________ and to be
performed and observed by him and that in the event of the failure of the
borrower to perform any of the said conditions and of the borrower dying or
ceasing to be in service for any cause that what so ever before the amount
due to the Government from the borrower is fully paid off, the surety shall
immediately pay the entire amount due to the Government on account of the
principle and interest under the said agreement and/or the mortgage deed.
(2)
For the consideration aforesaid and in further pursuance of the agreement it
is hereby agreed that the liability of surety shall not be affected by the
Government granting time or any other indulgence to the borrower.
(3)
The Government shall be entitled to deduct from the pay, Travelling
Allowance or any other sum which may be or become payable by the
Government to the surety the amount due to it from the surety under this
deed. Witness where of the parties have signed, this deed on the dates
respectively mentioned against their Signature in the 52 years of the Republic
of India.
Signature of the surety.
Witness :
1.
2.
Signed by for and on behalf of the
Governor of Haryana.
296
ANNEXURE - III
Agreement Deed
An agreement to be executed by Government servant at the time of or before
drawing advance for the purchase of land and/or construction of house for adjustment of the
balance of advance outstanding at the time of retirement against the death-cum-retirement
gratuity.
An agreement made on ______________ day of ______________Two thousand
____________________ between _______________ of ______________ (hereinafter called
the borrower which expression shall include his legal representative and assigns) of the one
part and the Governor of Haryana (hereinafter called 'The Governor' which expression shall
include his successors and assigns) on the other part.
Whereas the Borrower has agreed to purchase/has purchased for the purpose of
erecting a house thereon the piece of land situated in ______________ in the registration
district of ____________ sub-district _________ thana
___________ containing
____________more or less and bounded on the north by _____________ south by
___________ east by ____________and on the west by _______________ Rs. __________
(hereinafter referred to the said land) for the sum of Rs. __________. And whereas the
borrowers has under the provision of the Haryana Government letter No. 2118-WM(I)-67/20006,
dated the 5th September, 1967 applied to the Governor for a loan of Rs. ________.
And whereas it is permissible under the provision of the aforementioned letter
hereinafter referred to as the said order which expression shall include any amendment thereof
for the time being in force that the last installment of loans together with the interest accrued
thereon will be recovered the from the D.C.R.G. payable at the time of retirement; provided the
Government servant concerned executes an agreement to the effect and cancels any
nomination made by him under rule-4 (6) (b) of the New pension rules contained in Appendix-2
of the Punjab Civil Services Rules, Volume-Il, so as to leave Government free to appropriate the
sum found payable to him after retirement in adjustment of balance of the advance.
Now it is hereby agreed between the parties hereto that III consideration of the said
orders the borrowers, having cancelled the nomination made by him under rule-4(6)(b) of the
aforesaid New Pension Rules, hereby authorised the Governor to extinguish the last installment
of loan together with the interest accrued thereon from the D.C.R.G. payable to the borrower.
In witness thereof the borrower has hereunto set his hand the day and year first
before witness.
Signed by the said borrower
In the presence of
1. Witness :
2.
Signature of DDO
297
AFFIDAVIT
Rs. 3/I, _______________________ S/o W/o D/o _______________________ working as
_________________________
in
the
_________________________
office
of
___________________________ do hereby solemnly declare and affirm that I have not
drawn/drawn any house building advance (under any scheme sponsored by the Government)
for the construction of house/repair of house/extension of house and purchase of plot so far as
per details given below :Sr. No.
Amount drawn
Date of drawal
Purpose
1.
2.
3.
4.
5.
I also solemnly declare that I am the sole owner of the plot/house _______________
It is further certified that the Plot/House in question is free from all encumbrances. I also
declare that I have no other house either in my name or in the name of my family to live in India
and I want to construct a house/repair of house/to extend my house for my own bonafide
residential use on the above plot. Certified that the balance if any, left after the use of the
advance for the purpose it is taken will at once be refunded to Government. Certified that I
have more than five years service period of retirement. I am not likely to retire within five years
from the date of the application.
Place :
DEPONENT
Date :
Verification :
The above information is true to the best of my knowledge and belief and nothing
has been concealed therein.
DEPONENT
298
ANNEXURE - V
AFFIDAVIT
Rs. 3/I, _______________________ S/o W/o D/o _______________________ employed
as _________________________ under the Government of Haryana do hereby solemnly
declare and affirm that my wife/husband ____________________ is not a Government
employee, and has not applied for or obtained as advance under these rules during the period
of my past service.
I, also declare that the plot/house _____________________________ is not/is
jointly owned by me with my wife/husband.
The above information is true and nothing has been concealed therein.
DEPONENT
Place :
Dated :
Verification :
The facts given above affidavit are true to the best of my knowledge and belief and
nothing has been concealed therein.
DEPONENT
299
ANNEXURE - VI
I, ____________________________________ authorised the Accountant General,
Haryana to recover from the death-cum-retirement gratuity, which would become due to me on
the date of my superannuation retirement, the balance of outstanding house building advance
with interest, in terms of the penultimate paragraph of the agreement dated, _____________
Dated:
Signature ________________________
Designation of the Government servant
Certified that I hereby cancel the nomination made by me in respect of the deathcum-retirement gratuity payable to me at the time of retirement.
Dated :
Signature ________________________
***************
300
No. 34/2/93-WM(3)
From
To
Subject : Rate of interest on deposits in the General Provident Fund and other similar
Sir,
In continuation of Haryana Government letter of even number dated 19.10.2001 on
the above subject, I am directed to say that it has been decided to fix the rate of interest at
9% per annum on deposits in the General Provident Fund w.e.f. 1st April, 2002 and also on the
accumulations as these stood on 31st March, 2002. This rate of interest will remain in force
during the financial year 2002-03
2.
Yours faithfully,
Sd/(S. R. MAURYA),
Deputy Secretary Finance (B),
No. 34/2/93-WM(3)
Sd/(S. R. MAURYA),
***************
301
No. 34/2/94-WM(3)
From
To
Subject : Rate of interest to be charged on House Building/Motor Car/Scooter/Motor
employee for the financial year 2002-2003.
Sir,
given below :1.
Cycle Advance
8%
2
9%
3.
9%
4.
Marriage Advance
9%
5.
Computer Advance
9%
2.
Further, it has also been decided that wherever loans have been/are
sanctioned/granted for the second time in respect of House Building/Motor Car/Motor
cycle/Scooter/Moped/Marriage and Computer, the rate of interest shall be @ 10% in all such
cases.
3.
Yours faithfully,
Sd/(S.R. Maurya)
302
No. 34/2/94-WM(3)
Sd/Deputy Secretary Finance (B),
No. 34/2/94-WM(3)
A copy is forwarded to the following for information and necessary action :The Secretary to Governor, Haryana.
All the Financial Commissioner & Principal Secretaries to Govt., Haryana.
The State Election Commissioner, Haryana.
The Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi.
Managing Directors of Various Boards/Corporations in Haryana (IAS Officers
only).
Vice Chancellors of all Universities in Haryana and Director of Medical
College, Rohtak and C.R. Engineering College, Murthal
A copy each is forwarded to the Principal Secretary/Additional Principal
Secretary/Deputy Principal Secretary/Officer on special Duty/Sr. Secys./Secretaries/Private
Chairman Planning Board, Haryana for the information to Chief Minister/Ministers/State
To
The Principal Secretary/Addl. Principal Secretary/Dy. Principal Secretary/
U.O. No. 34/2/94-WM(3)
***************
303
No. 34/1(1)/91-WM(3)
From
To
All District & Sessions Judges.
Dated, Chandigarh, the 31st May, 2002.
Investment in Transport, State Electricity Board and Food Supplies
Department etc. for the year 2002-03.
Sir,
financial year 2002-03 the rate of interest on loans granted by the State Government out of the
State Loans and Advances unless otherwise specified in any particular case, would be as
under :2002-2003
2.
1.
Loans from NABARD for Coop. Societies
11%
2.
Loans to Haryana State Electricity Board
11.5%
3.
4.
11%
11.55%
Yours faithfully,
Sd/(S.R. Maurya)
No. 34/1(1)/91-WM(3)
304
Sd/(S.R. Maurya)
No. 34/1(1)/91-WM(3)
A copy is forwarded to the following for information and necessary action :The Secretary to Governor, Haryana.
Haryana.
The State Election Commissioner, Haryana.
The Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi.
Managing Directors of Various Boards/Corporations in Haryana (IAS Officers
only).
Hon‘ble Speakers, Haryana Vidhan Sabha.
Vice Chancellors of all Universities in Haryana and
Director and Principal of Medical College, Rohtak and
C.R. Engineering College, Murthal.
Sd/(S.R. Maurya)
Deputy Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private
Chairman Planning Board, Haryana for information of Chief Minister/Ministers/State Ministers/
Deputy Chairman, Planning Board, Haryana.
Sd/(S.R. Maurya)
To
The Principal Secretary/Additional Principal Secretary/Deputy Principal
Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/
Private Secretaries to the Chief Minister/Ministers/State Ministers/
U.O. No. 34/1(l)/91-WM(3)
***************
305
FINANCE DEPARTMENT
Office Memorandum
No. 6/16/2001-3PR(FD)
Dated, the 27th June, 2002
Subject : Clarification regarding counting of adhoc and work charged service towards
the benefit of additional increments on completion of 8/18 years service and
Higher Standard Pay Scale after 10/20 years service.
I am directed to refer to the office memorandum No. 6/16/2001-3PR(FD) dated
15.03.2002 on the subject mentioned above and to say that the Irrigation Department has
sought clarification on the following points :(i)
Whether work charged service followed by regular service is to be counted for
the purpose of calculation of prescribed length of service for grant of ACP
Scales under the provisions of Haryana Civil Services (ACP) Rules, 1998 or
not?
(ii)
If a person was appointed on Group D post on work-charged basis and has
been promoted to the post of Group C also on work-charged basis, whether he
is entitled to the benefit of ACP Scales under the provisions of Haryana Civil
Services (ACP) Rules, 1998?
The matter has been examined in the Finance Department and the position
emerges as under :
1.
While disposing of Civil Appeal No. 5740-5741 of 1997, State of Haryana and others
VS. Ravinder Kumar and others, the only issue before the Hon‘ble Apex Court was, whether
work charge service followed by the regular service is to be taken into account while calculating
the prescribed length of service for the grant of additional increments on completion of
8/18 years service under the scheme introduced vide Govt. letter dated 07.08.1992 and higher
standard pay scale after completion of ten and twenty years service under the scheme
introduced vide Govt. letter dated 8.2.94.
2.
The scheme of additional increments after completion of 8/18 years regular service
was replaced by a new scheme i.e. Scheme of Higher Standard Pay Scales which was
introduced vide executive instructions dated 8.2.94. The scheme of ―Higher Standard Scales‖
ceased to be in existence w.e.f. 01.01.1996. A new Scheme of ACP scales has been introduced
by the Government under the rules titled as ―Haryana Civil Service (Assured Career
Progression) Rules, 1998‖ framed under the provisions of Article 309 of the Constitution of
India. The said Scheme is applicable w.e.f. 01.01.1996. Under the provisions of these rules,
every Govt. employee, after regular and satisfactory service of 10 and 20 years (Rules 5 of the
ACP Rules) is entitled to the first and second ACP scales who has not got any financial
upgradation during such period in terms of grant of a pay scale higher than the functional pay
scale prescribed for the post as on 31.12.1995 on which he was recruited as directly recruited
fresh entrant. The issue regarding counting of work-charged service for the purpose of ACP
scales under the provisions of ACP rules was not the subject matter of adjudication before the
Hon‘ble Apex Court in Ravinder Kumar‘s (supra) case.
3.
From a perusal of the ACP Rule 5, it is clear that only regular and satisfactory
service is to be taken into account while calculating the prescribed length of service of 10 and
20 years for the grant of first and second ACP scales. Needless to mention, the previous
Schemes were introduced by way of executive instructions whereas the present Scheme of
ACP Scales has been introduced under the Rules framed under proviso to Article 309 of the
Constitution of India.
306
4.
There is a marked difference between regular service, adhoc service and workcharged service. The service conditions of regular employees are governed by Civil Services
Rules, whereas, the services of work-charged employees are governed by the provisions
contained in the PWD code. Rules regarding work-charged employees have been explained in
paragraph Nos. 1.129 to 1.132 of the Code, which are reproduced as Annexure to these
instructions for ready reference. Similarly, provisions regarding punishment to work-charged
employees are contained in paragraphs Nos. 1.29 to 1.39 of PWD Code whereas Punishment
and Appeal Rules, 1987 have been framed for the regular employees.
5.
From a perusal of the above referred provisions of PWD Code, it is clear that workcharged service is certainly not on the same status and footing as regular service. This
difference between a regular employee and a work-charged employee is well recognized by the
Hon‘ble Apex Court in the following cases :(i)
Jaswant Singh Vs. Union of India 1979 (4) SCC 440, the Hon‘ble Apex Court
held as follows :“A work charged establishment broadly means an establishment of which
the expenses, including the wages and allowances of the staff, are
chargeable to “works”. The pay and allowances of employees who are
borne on a work charged establishment are generally shown as a
separate sub-head of the estimated cost of the works. The work-charged
employees are engaged on a temporary basis and their appointments are
made for the execution of a specified work. From the very nature of their
employment, their services automatically come to an end on the
completion of works for the sole purpose of which they are employed.
Thus a work-charged establishment is materially and qualitatively
different from a regular establishment.”
(ii)
While disposing of the case of State of Rajasthan Vs. Kunji Raman 1997 (2)
SCC 517, the Hon‘ble Apex Court relied upon the observations of Hon‘ble
Apex Court in Jaswant Singh‘s (Supra) case and held as follows :
“A work-charged establishment differs from regular establishment which
is permanent in nature. Setting up and continuance of a work-charged
establishment is dependent upon the Government undertaking a project
or a scheme or a „work‟ and availability of funds for executing it. So far as
employees engaged on work-charged establishments are concerned, not
only their recruitment and service conditions but the nature of work and
duties to be performed by them are not the same as those of employees
of the regular established. A regular establishment and a work-charged
establishment are two separate types of establishments and the persons
employed on those establishments thus form two separate and distinct
classes. For that reason, if the separate set of rules is framed for the
persons engaged on the work-charged establishments and the general
rules applicable to persons working on regular establishments are not
made applicable to them, it cannot be said that they are treated in an
arbitrary and discriminatory manner by the Government. It is well settled
that the Government has power to frame different rules for the different
classes of the employees.”
6.
During the course of arguments in the bunch matter in the main Civil Appeal
No. 13423 of 1996 State of Haryana Vs. Haryana Veterinary & AHTS Association and others, a
plea was taken by the respondents that State Government vide letter dated 20.08.1996 has
already decided to count adhoc service while calculating the prescribed length of service for
307
grant of additional increments under the scheme introduced by the State Government vide letter
dated 07.08.1992, therefore, (it was claimed that) the said benefit should be extended for the
grant of higher standard scales also. An additional affidavit was filed by the State in the Hon‘ble
Apex Court wherein it was submitted that though it was never the intention of Additional
Increment‘s Scheme to grant the benefit of adhoc service, yet the State Government had to
grant this benefit in order to comply with the orders of the Hon‘ble Punjab and Haryana High
Court passed in CWP No. 749,464 and 7137 of 94, para 2 of the letter dated 20.08.1996
indicative of this compulsion. Keeping in view the submissions of the State Government, the
Hon‘ble Apex Court did not allow the benefit of adhoc service followed by the regular service
while calculating prescribed length of service for grant of Higher standard pay scales and
selection grade.
7.
Keeping the above in view, the first point raised by the Department of irrigation is
answered in the negative. Work-charged service followed by regular service is not to be taken
into account while calculating the prescribed length of service of 10 or 20 years for the purpose
of grant of ACP Scales on the following grounds :(i)
(ii)
(iii)
(iv)
(v)
Work-charged employees and regular employees constitute two different
establishments governed by separate set of provisions and rules i.e. PWD
Code and the Civil Service Rules respectively.
The Hon‘ble Supreme Court of India has accepted that the work-charged
establishment and the regular establishment constitute two different classes of
employees and such classifications is permissible under the constitution.
Counting of work-charged service for the purpose of grant of ACP Scales was
not the subject matter of adjudication before the Hon‘ble Apex Court in
Ravinder Kumar‘s Case.
The ACP Scheme has been introduced by the Government by way of the
Rules framed under the provisions of Article 309 of the Constitution of India
and not by way of executive instructions.
Only regular satisfactory service is to be taken into account under the rules
while calculating the prescribed length of service for grant of ACP Scales as
provided under Rule 5 of the Haryana Civil Services (Assured Career
Progression) Rules, 1998.
8.
As regards the second point of clarification raised by the Department of irrigation, it
is clarified that there is no provision in PWD Code for promotions of work-charged employees.
As such, the promotions made by the Department from within the work-charged establishment
were against the rules. Though there is every reason to fix responsibilities on account of
irregularities committed by the Departmental officers in this behalf, yet it is felt that no useful
purpose would be served at this stage in re-opening all those cases, especially when a large
number of those officers would have retired by now. Since the first point raised by the
Department has already been answered in the negative, the very basis for any clarification on
the second point does not arise. Since the entitlement of ACP Scales is with reference to the
completion of 10/20 years of regular and satisfactory service, such qualifying period has to be
counted from the date of regularization of the work-charged employees in Government service
treating such post and pay scale as the first entry into Government service.
9.
However, the second point of clarification raises another related issue in the light of
the irregularities committed by the Department in promoting people during the work-charged
service. It is a fact that the Hon‘ble Apex Court has allowed counting of the work-charged
service for the purpose of grant of higher standard scales under the said Scheme of Higher
Standard Scales (introduced vide instructions dated 08.02.1994 and operative during the period
of 1.1.94 to 31.12.95) in Ravinder Kumar‘s case. That being so, the cases of work-charged
employees have to be processed for grant of higher standard scales in accordance with the
provisions of the said scheme. The benefit of clarification given under Sr. No. 6 of the
308
instructions dated 29.12.95 will not be applicable in their cases since the provisions contained in
the PWD Code (which governed their service conditions) did not provide for promotions in their
case. Accordingly, such of the work-charged employees who had been promoted from Group
‗D‘ to Group ‗C‘ while still being on work-charged establishment (though irregular) will be entitled
to the grant of higher standard scales only with reference to the pay scale of the original post
against which they were engaged initially. This is explained with the help of following illustration:
Illustration :
A person was engaged as cleaner on work-charged basis in the pay scale of Rs. 7095, say, on 1.5.74 initially. Replacement scales of this post are Rs. 300-430 w.e.f. 01.04.1979,
Rs. 750-940 w.e.f. 01.01.1986, and Rs. 2550-3200 w.e.f. 01.01.1996. He was, thereafter,
irregularly promoted as a Driver in the pay scale of Rs. 420-700, say, w.e.f. 1.8.84 while still
borne on the work-charged establishment. Revised pay scales for the post of Driver are
Rs. 1200-2040 w.e.f. 01.01.1986 and Rs. 4000-6000 with effect from 01.01.1996. His services
were regularised as a Driver, say, with effect from 1.5.87. His entitlement for the grant of 1st
higher standard scale as on 1.1.94 would be for the pay scale of Rs. 775-1025 and the 2nd
Higher Standard scale of Rs. 800-1150 w.e.f. 1.5.94 on completion of total 20 years service.
This is because the promotion as a Driver was not admissible under the provisions of the code,
and hence his entitlement for grant of higher standard scale will be with reference to the post
and pay scale of Cleaner‟s post. However, he had already started drawing his pay on account of
his irregular promotion as a Driver in the pay scale of Rs. 420-700/1200-2040 with effect from
1.8.84. Hence, his pay does not have to be re-fixed under the Higher Standard Scale Scheme.
As regards his entitlement for 1st ACP scale, the same will be on completion of ten years,
subject to eligibility, after completion of 10 years from the date of regularization of his service in
accordance with the ACP Rules, which happens to be 1.5.97. Thus, he will be entitled to be
placed in the 1st ACP Scale of Rs. 5000-7850 w.e.f. 1.5.97.
10.
Even though the clarifications have been specifically sought by the Irrigation
Department, there would be identical situation in other Departments/ Organizations having
work-charged establishments. Hence, these general clarifications are issued for the benefit of all
such departments and organizations which have had work-charged establishments and are
faced with similar issues.
Sd/(Balwant Singh)
Under Secretary Finance (PR)
To
All the Administrative Secretaries to Government of Haryana in various
Departments/Heads of Departments/Divisional Commissioners/Deputy
Commissioners/SDOs (Civil) in Haryana/ Registrar, Punjab and Haryana
High Court at Chandigarh/ Accountant General (A&E) Haryana and the
Accountant General (Audit) Haryana, with five spare copies in each for
use in the offices.
309
Extract from the PWD Code
ANNEXURE
II - WORK-CHARGED ESTABLISHMENT
1.129.
Works establishment will include such establishment as is employed upon the actual
execution, as distinct from the general supervision, of a specific work, of or sub works of a
specific project, or upon the subordinate supervision of departmental labour, stores and
machinery in connection with such a work or sub-works, provided that as an exception to the
above, Mistries and Mates employed in the interests of Government on the technical
supervision of contractors‘ work and khalasis attached to subordinates for assisting them on
works will be treated a work-charged establishment. When employees borne on the temporary
establishment are employed on work of this nature, their pay should, for the time being be
charged direct to the work.
(2)
Works establishment does not include Clerks, Draftsmen, Subordinate or extra
establishment of any kind for the Divisional or Sub-Divisional Offices, such being properly
chargeable to Temporary Establishment, but where Dak Runners are employed solely for a
Particular work of a temporary nature, for a period not exceeding six months, they may be
treated as work-charged establishment.
(3)
The Chief Engineer and Superintending Engineers are empowered to classify as
―Works‖ or ―Temporary‖ those classes of establishment about whose correct definition there is
doubt, subject to the concurrence of the Audit Officer and to the proviso that general principles
for entertainment of such establishment are not infringed.
(4)
Chief and Superintending Engineer are authorized to waive the rule which requires
that works establishment must be employed on a specific work and to determine, in such cases
the proportions in which the cost of such establishment shall be allocated between the works
concerned.
Note—
As an exception to the general rule, the cost of Khalasis attached to subordinates
may be charged to annual maintenance and Repairs or other estimates in such
provision for it has been made with the sanction of the Superintending Engineer, or
the Chief Engineer, Electricity Branch, as the case may be.
(5)
The cost of the works establishment must be shown as a separate sub-head of
the estimate for a work.
(6)
All pay bills for work-charged establishment shall be pre-audited by the Divisional
Accountant and approved by the Divisional officer before payment. Before a member of the
work-charged established, whose services have been dispensed with, is settled up under
paragraph 303 of the Public Works Account Code, the Sub-Divisional Officer should invariably
ascertain from the Divisional Office if there are any out standings against the man.
(7)
Members of the work- charged establishment, other than Road Inspectors, who are
engaged on the footing of monthly servants will be subject to discharge at 10 days‘ notice
except in the case of serious misconduct or gross inefficiency (when no notice will be given) or
on payment of pay for 10 days or for such period up to this extent as may be due to them in lieu
of notice. Should they desire to resign they will be required to give 10 days‘ notice or forfeit pay
for this period or for such period up to this extent as may be due to them in lieu of notice.
1.130.
The powers of the various officers of the public works department to sanction the
entertainment of work-charged establishment are specified in paragraph 20.6, Book of Financial
Powers.
1.131.
A Superintending Engineer may sanction the grant of bonus to work-charged
establishment employed on excavating machines, provided the bonus is paid in accordance
with such scales and principles as Government may, from time to time, determine in this behalf.
310
1.132.
A work-charged employee is not entitled to any pension, leave or traveling or other
allowances except in the following cases :(i) (a) Short causal leave up to a limit not exceeding 15 days in a calendar
year, subject to a maximum of 10 days at any one time, on full pay at the
discretion of the Sub-Divisional Officer and under the ordinary rules for
casual leave to ordinary establishment. This leaves will not be
cumulative and will not be given in combination with leave without pay.
This leave will be calculated on basis of the calendar year, but where an
appointment is made during the course of a year, the amount of leave
admissible will be calculated proportionately for the broken period.
(b) Holidays to the community for whom a particular day is held sacred,
restricted to five days, in a calendar year in the case of each community,
the employees concerned being allowed to select the religious festivals
on which they would like to enjoy the concession; provided that not more
than half of a gang employed on roads should be absent at one time.
(c) Alternate Sundays not more than half of the establishment to be absent
on any one Sunday. The above concessions do not apply to casual
labour on daily wages.
(ii) At the discretion of the Divisional Office, actual traveling expenses not
exceeding a single railway fare of the class, to which regular Government
servants drawing the same pay are entitled, in case of places connected by
rail and actual traveling expenses duly supported by original bus tickets, in
case the places not connected by rail, for journeys, performed within the
Punjab or to a bordering State or settlement in the interest of the work on
which he is employed.
―Halting allowance should be allowed to Work-charged Establishment at
the same rates as are admissible to his counterpart in the regular
establishment when a person spends the night away from his
headquarters. No daily allowance will be admissible in case the person
returns to his headquarters and does not spend the night out.‖
(iii) Transfer travelling allowance, i.e., Single railway fare or actual travelling
including the cost of carriage of personal effects to Road Inspectors, Road
Roller Drivers and Firemen, Mistries (including Electric Mistries), Electric
Mechanics and employees on the work-charged establishment in the Public
Health Circle for themselves and dependent members of their families who are
not males of over 18 years of age on the occasion of their transfer in cases of
sheer necessity in the public interest, subject to the following conditions:(a) the limits of traveling allowances relating to the cost of carriage of
personal effects and the class of railway accommodation admissible to
regular Government servants of the same grades are not exceeded.
(b) the grant of traveling allowance will be at the discretion of the Divisional
officer;
(c) the transfer is from one place to another, except in the case of Road
Roller Drivers and Firemen when traveling allowance will only be
allowed for transfer from one division to another;
(d) the journey performed is in the interest of work on which the man is
employed and not as a disciplinary measure.
(iv)
(v)
Wound and other extraordinary pension and gratuities in certain cases;
Grain compensation allowance;
311
Compensation under Workmen‘s Compensation Act, 1923 and ex-gratia
payment of the amount which would have been statutorily payable if the
accident had occurred in British India in respect of accidents which happen to
the Punjab Public Works Department employees of the Irrigation and Building
and Roads Branches in the tracts to which the Act has not yet been applicable.
This rule does not apply to members of the temporary establishment whose pay is
charged to works under paragraph 1.131 of this Code. The leave salaries, traveling
and other allowances of such establishment are regulated by the rules applicable to
temporary establishment.
Rules for the recovery of rent from work-charged establishment are contained in
paragraph 3.28.
(vi)
Note (1)
Note (2)
***************
312
MOST IMMEDIATE/DATE BOUND
Subject : Draft Para titled as "Response of the departments to Draft Audit Paragraphs"
for inclusion in the Report of the Comptroller and Auditor General of India for
the year 2001-2002 (Civil) - Govt. of Haryana.
Will all the Financial Commissioners & Principal Secretaries/Administrative
Secretaries to Govt., Haryana kindly refer to the subject noted above.
2.
As per the instructions issued vide Finance Department U.O. No. 21/2/81- 3B&C
dated 5th Jan., 1982 & reiterated vide F.D's U.O. No. 21/2/97-3B&C dated 21.6.2000, the
replies of Draft Paragraphs of CAG reports are to be sent to the Accountant General, Haryana
within a period of six weeks. Perusal of the attached Draft Para reveals that the replies of 45
Draft Paragraphs and Reviews forwarded to the concerned Administrative Secretaries through
demi official letters by the Accountant General, Haryana during February to May, 2002 were not
sent to them and this situation is being included in the CAG report (Civil) 2001-2002.
3.
In view of the above, it is requested that the Finance Department may kindly be
apprised of the factual position in this regard within 10 days so that suitable reply to this draft
para is sent to Accountant General (Audit), Haryana in time. It is further re-iterated that in future
the existing instructions be meticulously adhered to and the comments/replies to the Draft Paras
be invariably sent to the Accountant General, Haryana within the stipulated period of
6 weeks positively.
Sd/Deputy Secretary Finance (B)
To
All the Financial Commissioners & Principal Secretaries/
U.O. No. 21/1/2002-3B&C
Dated 28th June 2002.
No. 21/1/2002-3B&C
A copy is forwarded to the Accountant General (Audit), Haryana, Chandigarh with
reference to his D.O. letter No. Report/(Civil)/1-2/D.P.-49/2001-02/366, dated 13.6.2002 for
information.
A copy together with a photocopy of D.O. letter No. Report/(Civil)/1-2/D.P.-49/200102/366 dated 13.6.2002 is forwarded to all the concerned Branch Officers/Supdts in F.D. for
immediate necessary action.
To
All the concerned Branch officers/Supdts. in
Finance Department.
U.O. No. 21/1/2002-3B&C
313
ASHWANI ATTRI
IA & AS
ACOUNTANT GENERAL (ADUIT)
HARYANA
(13th June, 2002)
―Response of the department to Draft
Audit Paragraphs‖
314
Response of the departments to Draft Audit Paragraphs.
Draft Paragraphs and Reviews are always forwarded to the Secretaries of the
concerned Administrative Departments through demi-official letters drawing their attention to the
audit findings and requesting them to send their response within six weeks. The fact of nonreceipt of replies from the departments are invariably indicated at the end of each paragraph
included in the Audit Reports. Finance Department also issued directions on 5 January, 1982 to
all Administrative Departments to send their response to the Draft Audit Paragraphs proposed
for inclusion in the Report of the Comptroller and Auditor General of India within six-weeks.
In the Report of the Comptroller and Auditor General of India for the year ended
March 2002, 45 Draft Paragraphs and 4 Reviews were forwarded to the Secretaries of the
concerned departments during February to May, 2002 through demi-official letters but the
Secretaries of the departments did not send replies thereto.
Sd/Accountant General
***************
315
No. 20/1/2002-6B&C
From
To
Subject : Reconciliation of departmental figures of Expenditure and receipts with those
of Accountant General Office for the year 2002-03.
Sir/Madam,
I am directed to invite your attention to Finance Department letter No. 20/1/94-6B&C,
dated 22nd November, 1995 and subsequent reiteration thereof from time to time, on the
subject noted above and to say that many departments. are still not making serious efforts
towards timely reconciliation of departmental figures of Expenditure and receipts with those of
Accountant General (A&E), Haryana.
2.
Three months of the financial year 2002-2003 have gone requiring reconciliation of
receipts and expenditure by all the departments. As per the instructions of the Finance
Department the said work should be completed by the 7th day of the 2nd following month to
which accounts pertain.
3·
It is, therefore, requested that the reconciliation work for the year 2002-2003 be
started immediately, if not started yet and a monthly progress report to this effect be sent to
Finance Department (in B&C Br.) regularly.
Sd/Superintendent Budget & Committee,
No. 20/1/2001-6B&C
Dated 3.7.2002
A copy is forwarded to Deputy Accountant General (A/Cs& ACC) w.r.t. his D.O.
No. TM(C)/Record/2002-03/531-34 dated 12.6.2002 for information only.
***************
316
These instructions have been withdrawn vide
No. 1/1(46) 2002-1FR-I, dated 1.10.2002.
FINANCE DEPARTMENT
Office Memorandum
No. 1/1(46) 2002-1FR-I
Dated the 22nd July, 2002
Subject :
Grant of advance increments to Government employees for doing works of
exceptional merit - clarification regarding.
I am directed to address you on the subject cited above. The provisions of rules
and executive instructions issued on the subject from time to time are as under :1.
Rules:
Rule 4.10 of CSR Volume I Part I.
2.
Instructions issued by the Chief Secretary to Government of Punjab/Haryana:
(a)
(b)
No. 5752-1GS(I) 65/14567 dated 7-5-65.
No. 183-2GS-69/1625 dated 22-1-1969.
2.
The issue has been raised as to whether the advance increments sanctioned to
the Government employees for doing work of exceptional merit should be adjusted in the future
increments due to the employee in normal course or not. It appears that the grant of advance
increments is being misinterpreted as if these are additional increments. The issue has been
examined and clarified as under :(i)
The provision in the rules is for grant of a "pre-mature increment" which is
also termed as "advance increment" as is clarified by way of notes under
Rule 4.10 of CSR Vol. I Part I. The said Rule 4.10 as contained in CSR Vol.
I. Part- I is reproduced below for ready reference :"An authority may grant a premature increment to a Government employee
on a time-scale of pay, if it has power to create a post in the same cadre on
the same scale of pay.
Note 1.
A proposal to grant an increment in advance of the due date should always be
scrutinised with special jealousy as it is contrary to the principle of a time-scale of pay to grant
an increment before it is due. Such a grant should not be made or advised except in very rare
circumstances which would justify a personal pay to a Government employee whose pay is
fixed.
Note 2.
The expression "scale of pay" represents the maximum of the scale which is to
be taken into account for determining the authority competent to sanction increments rather
than the stage of it.
Note 3.
The grant of premature increments to members of the State Civil Medical Service
is governed by the rules in Appendix Xl to the Punjab Medical Manual.
317
Note 4.
In the case of increments granted in advance, it is usually the intention that the
Government employee should be entitled to increments in the same manner as if he had
reached his position in the scale in the ordinary course and in the absence of special orders to
the contrary he should be placed on exactly the same footing, as regards future increments, as
a Government employee who has so risen.”
(ii)
A joint reading of the rule as well as instructions referred to in this memo make it
abundantly clear that the provision is for "pre-mature" or "advance increments"
and not "additional increments". As a matter of fact there is no provision for grant
of any additional increments either in the rules or executive instructions issued by
the Government from time to time. That being the position. it is clear that the
advance /pre-mature increments so granted are to be adjusted against the future
increments due to the employee in the normal course. This clarification is further
explained with the help of two illustrations given below :(a)
‗X‘ is a Government employee and his normal date of increment is say
1st March, 1999. He is granted one advance increment in recognition of
his work of exceptional merit, say, on 1st June, 1999. The advance
increments so granted to him are adjustable against the normal
increments due to him on the 1st March of the following year i.e. w.e.f.
1-3-2000 and 1st March, 2001 which means that he will not be entitled to
get his normal increments on the 1st March, 2000 and 1st March, 2001
and will be entitled to his normal increment only w.e.f. , 1-3-2002.
(b)
‗Y‘ is a Government employee and his normal date of increment is say
1st March, 1999. He is granted two advance increments in recognition of
his work of exceptional merit, say on 1st June, 1999. The advance
increments so granted to him are adjustable against the normal
increments due to him on the 1st March of the following year i.e. w.e.f.
1-3-2000 and 1-3-2001 which means that he will not be entitled to get his
normal increments on the 1st March, 2000 and 1st March, 2001 and will
be entitled to his normal increment only w.e.f. 1-3-2002.
3.
The above clarification may kindly be brought to the notice of all concerned
including the DDOs, Heads of Offices and Heads of Department i.e. the competent authority for
grant of normal increments for strict compliance.
Sd/Under Secretary Finance (FR)
***************
318
BUDGET-INSTRUCTIONS
MOST IMMEDIATE
DATE BOUND
No. 2/5/2002-1B&C
From
Commissioner & Secretary to Government,
To
All the Heads of Departments, Haryana,
All Commissioners of Divisions, Ambala, Hisar, Rohtak & Gurgaon,
All Deputy Commissioners in the Haryana State.
Subject : Preparation of Budget Estimates 2003-2004 — Instructions regarding.
Sir,
As you are aware, all the departments are required to submit various returns every
year to the Finance Department for the finalization of Budget Estimates for the next year.
Though the comprehensive instructions for preparing these returns are contained in Chapters 3,
4 and 5 of the Budget Manual, yet some additional instructions are issued on the subject by the
Finance Department every year. It has been observed that some Departments do not adhere to
these instructions strictly while framing Budget Estimates leading to unwanted correspondence
and delay. You are, therefore, requested to instruct the officials concerned of your organization
to keep these guidelines in view while preparing the Budget Estimates for the year 2003-2004.
2.
Attention is particularly invited to the submission of modified form B.M. 2 (enclosed
as Annexure-I) which should contain the following information :(a)
(b)
(c)
(d)
(e)
(f)
(g)
Original estimates of the current year 2002-2003.
Accounts of the year 2000-2001, and for the year 2001-02, if available.
Actuals of previous year 2001-2002 for last 6 months.
Actuals of current year 2002-2003 for first 6 months.
Revised Estimates of expenditure for 2002-2003 proposed by Heads of
Departments.
Budget Estimates 2003-2004 proposed by Head of Departments.
Remarks.
INFORMATION NOT IN ABOVE FORMAT IS LIABLE TO BE RETURNED. Further, the
summary of Minor Heads for the above columns is also needed for inclusion in the Budget
proposals. ANY SIGNIFICANT VARIATION MAY BE EXPLAINED IN THE REMARKS
COLUMN.
319
B.M. FORM 10
3.
Information in B.M. form 10, enclosed at Annexure-II and II-A (as the case may be)
regarding Pay, DA, CCA, Medical Allowances etc., and Annexure-Ill regarding the provision to
be made for OFFICE EXPENSES must, in all cases, be supplied alongwith the Budget
Estimates for the year 2003-2004 to enable the Finance Department to assess the normal
increase on account of annual increments and also on account of specific items leading to
increase in contingencies. In the absence of such information, no increase would normally be
provided for.
POL
4.
The number of vehicles (petrol/diesel driven) in existence and number of vehicles
likely to be condemned/replaced during the year 2003-2004 should be indicated separately.
5.
With regards to the preparation of Budget Estimates 2003-2004, following further
clarifications are hereby made for the benefit of all concerned:(i)
It is mandatory for the State Govt. to seek advice of the Accountant General
(A&E), Haryana in the matter of opening of new Sub Heads and below. It is,
therefore, reiterated that no new Sub Head (scheme), (both in the Plan and
Non Plan budget) will be included until it is approved by the Accountant
General (A&E), Haryana. Departments are advised to obtain prior approval of
the Accountant General (A&E), through Finance Department, if any new
scheme is to be added in the Budget Estimates, 2003-2004.
(ii)
No object head can be opened without the consent of Accountant General
(A&E), Haryana. A list of standardized object heads alongwith their code
numbers, as approved by the CAG of India, is enclosed (Annexure-IV). Both
Plan and Non Plan budget documents will be made to follow these
standardised code numbering 01 to 99. All the departments are requested to
restrict their budgetary proposals within these object heads without insisting
upon any other object head beyond this list.
(iii)
It has been observed that various departments keep sending proposals for the
purchase of motor vehicles during the year without any budget provision for the
purpose. All heads of departments are requested to make specific budget
provisions under object head "motor vehicles" if they intend to purchase any
new vehicle or replace old vehicles during 2003-2004. Otherwise, no proposal
for the purchase of Vehicles will be entertained by the Finance Department. It
is also clarified that all expenditure relating to vehicles i.e. maintenance, repair,
purchase, replacement etc. will be included under the object head "motor
vehicles".
(iv)
The Comptroller and Auditor General of India has recently desired that all
expenditure on account of accommodation, transport/DA etc. of Ministers/
Officers on travel abroad should be sanctioned and drawn distinctly under the
object head "foreign travel/allowance". It is therefore, requested that distinct
provision for this purpose be provided, if required, in the-budget proposal for
the year 2003-2004 under object head "48- foreign travel/allowances".
320
(v)
It has been observed that some of the Plan scheme memoranda are not
prepared in accordance with the standard format prescribed by the Finance
Department (Annexure-V). Rather departments repeat the wording of previous
years mainly changing the years only. It is requested that explanatory
memoranda to all the plan schemes must be prepared giving full details,
including source of funding, upto date achievements, financial and physical
targets for the year, quantum of Central Share or External Share, as the case
may be, as outlined in Annexure-IV.
ECONOMY IN EXPENDITURE/GUIDELINES
6.
Instructions issued from time to time regarding economy, in expenditure must be
kept in view.
BUDGET CALENDAR
7.
Budget Calendar for the preparation of Budget Estimates for the financial year 20032004 is enclosed (Annexure-VI). IT MAY PLEASE BE NOTED THAT THE FINANCE
DEPARTMENT WILL NOT BE ABLE TO ENTERTAIN ANY BUDGET PROPOSAL THAT IS
RECEIVED AFTER THE SPECIFIED DATES OR THAT IS NOT OTHERWISE IN
ACCORDANCE WITH THESE INSTRUCTIONS. IN SUCH CASES THE BUDGET
PROPOSALS WOULD BE FINALISED BY THE FINANCE DEPARTMENT ACCORDING TO
ITS OWN BEST JUDGEMENT.
8.
Receipt of this communication may please be acknowledged.
Yours faithfully,
Sd/(S.R.Maurya),
No. 2/6/2002-1B&C
Dated 5.8.2002.
A copy, with a copy of its enclosures, is forwarded to the Account General (Audit &
Accounts), Haryana with the request that :(i)
He may kindly inform the Finance Department about the estimates of the
Heads of Accounts with which he is concerned by the dates indicated in
calendar; and
(ii)
He may kindly ensure up-to-date reconciliation of expenditure with the
departments to enable the latter to frame their revised estimates 2002-2003
realistically.
Sd/(S.R.Maurya),
321
A copy, with enclosures, is forwarded to all the Financial Commissioner & Principal
Secretaries/Administrative Secretaries to Government Haryana, for information.
2.
They may kindly ensure that the Departments under their Administrative control
submit the budget returns by the dates prescribed in the schedule at Annexure-VI.
Sd/(S.R.Maurya),
To
All the Financial Commissioners and Principal Secretaries/
Administrative Secretaries to Government, Haryana.
U.O. No. 2/6/2002-1B&C
Dated 5.8.2002.
A copy, alongwith copies of enclosures, is forwarded to all Branch Officers/Supdts. in
the Finance Department for information and necessary action.
2.
It is requested that the dates prescribed in the Schedule should be adhered to.
Cases of default should be brought to the notice of the concerned Administrative Secretary by
the Branch Officer concerned.
Sd/(S.R.Maurya),
To
All the Branch Officers/Supdts. in FD.
U.O. No. 2/6/2002-1B&C
Contd…
Encls.
Dated 5.8.2002.
322
ANNEXURE - I
Form BM-2
MAJOR HEAD
Paragraphs—3.2 3.5, 3.6, 4.5, 4.6, 4.7, 4.8, 4.11, 5, 17(ii)(a) and Appendix H
Major HEAD
Actual of
Actuals of
Revised
Budget
previous
current year
Estimates
Estimates
SUB MAJOR HEAD
2002-2003.
2003-2004
MINOR HEAD
Budget Accounts year 2001-2002 2002-2003 for
for
first 6 months.
STANDARD OBJECT OF 2002- 2000-2001 first 6 months
Proposed by Proposed by
2003
EXPENDITURE
Head of
Head of
Department Department
Remarks
Salaries
Leave Travel Concession
Medical Reimbursement
Stipend/ Scholarship
Travel Expenses
Dearness Allowance
Office Expenses
POL
Material & Supplies
Rent Rate and Taxes
Wages
Motor Vehicle
Grant-in-aid
Foreign Allowance
Other Charges
Others (Pl. Specify as
selected form-Annexure-VI
according to the
requirement
Total :
Footnote :-
In the case of Irrigation Branch 6+6 months actuals need not be supplied for any
head except ―Maintenance and Repairs‖ and ―Establishment‖.
323
ANNEXURE - II
Form B.M.10
Nominal Roll referred to in paragraph 3.6(a) and 5.6
For other than Education, Health, Police and PWD Departments.
Department ______________________________
1
2
Sr.
Post/
No. Designatio
n
3
Name
4
5
Date of Date of
joining Retirement
6
Pay
scale
7
8
9
10
Basic
Date of
Special
D.A.
Pay on increment pay, if any
1.4.03
Date : ____________
11
12
CCA
HRA
13
14
15
Fixed
Med.
Any
Med.
Allow. other
Allow. (Reimbu
rsement
)
16
Remark
s
324
ANNEXURE - II-A
Form B.M.10
Nominal Roll referred to in paragraph 3.6(a) and 5.6
Only for Education, Health, Police and PWD Departments.
Department __________________________
1
2
3
Sr.
Post/ Total No. Filled Vacant
No. Designaof
tion
Sanction
ed posts
Notes :- (1)
(2)
(3)
4
Pay
scale
5
6
7
Basic
Date of
Special
Pay on increment pay, if any
1.4.03
Date: ____________
8
9
10
Total
Pay
CCA
HRA
11
12
13
14
15
Fixed
Med. Dearnes Total Remark
s
Med.
Allow.
s
Prov.
Allow. (Reimbu Allowan For the
ce
year
rsement
)
‗Voted‘ and ‗Charged‘ item should be separately shown.
In case of temporary establishment authority under which they are entertained
should be quoted.
Numbers and amount should agree with the entries in the estimate form.
325
ANNEXURE - III
Form BM-10
Standard object of
expenditure Head
1
Actual
Actual Exp.
Budget
Proposed
Budget
Expenditure
2000-2001
Expenditure
2001-2002
2002-2003
Estimates
Revised Est.
2002-2003
Estimates
2003-2004
2
3
4
5
6
OFFICE EXPENSES
(i)
Telephone Charges
(ii)
Electricity & Water Charges
(iii)
Postage & Telegrams
(iv)
Stationery including Computer Stationery
(v)
Printing of Forms etc.
(vi)
Details of any other items peculiar to Departments.
Wages
(Staff paid from Contingency)
326
ANNEXURE - IV
LIST OF OBJECT HEADS
Code No.
OBJECT HEAD
01
Salaries
02
Wages
03
Dearness Allowances
04
Travel Expenses
05
Office Expenses
06
Rent, Rates and Taxes
07
Publications
08
Advertising and Publicity
09
Grants-in-Aid
10
Contributions
11
Subsidies
12
Scholarships and Stipends
13
Hospitality/Entertainment Expenses
14
Sumptuary Allowances
15
Secret Services Expenditure
16
Major Works
17
Minor Works
18
Maintenance
19
Machinery and Equipment
20
Tools and Plant
21
Motor Vehicle
22
Investments
23
Loans
24
Materials And Supplies
25
Interest
26
Dividends
27
Pensions
28
Gratuities
29
Depreciation
30
Inter Account Transfers
31
Write off Loans/Losses
32
Suspense
33
Professional and Special Services
34
Other Charges
35
Royalty
327
Code No.
OBJECT HEAD
36
International Programmes
37
Payments out of Discretionary Grants
38
Deputation/Travel Abroad of Scientists
39
Rewards
41
Discounts
42
Commitment Charges
43
Cost of Ration
44
Arms and Ammunition
45
P.O.L.
46
Clothing, Tentage and Store
47
Stores and Equipment
48
Foreign Travel Allowances
49
Festival Advances
50
Advances
51
Compensation
52
Gifts
53
Reserves
54
Expenses of Conduct Tours
55
Fees to Staff Artist
56
Feeding and Cash Doles
57
Purchase of Food Grains
58
Central State Transfer of Resources
59
Prizes and Awards
60
T.A. D.A.to Non Official Members
61
Refunds
62
National Value of Gifts Received
63
Customs Duty
64
Lands
65
Buildings
66
Proficiency & Special Services
67
Medical Reimbursement
68
Election Expenditure
69
Contractual Service
70
Leave Travel Concession
71
MRC to Pensioners
72
Aid to Poor Accused
73
Aid to Indigent Persons
328
Code No.
OBJECT HEAD
74
Special Comp Plan for SC
75
Conveyance Allowance
76
Unemployment Allowance
77
Deduct Recoveries
78
Deduct Recoveries (Suspense)
79
Ex-Gratia
80
Lump Sum Provision
81
Court Fee
82
Legal Camps
83
Water Charges
84
Legal Fee to Counsels
85
Research and Development
86
Training
87
Honorarium
88
Computerisation (IT)
89
Miscellaneous
90
Rebate on Khadi
91
Recoveries
92
Energy Charges
93
Uniform/Liveries
94
Fellowship
95
Internship
96
Work Figure
97
Development of Farm
98
Furniture
99
Purchases
329
ANNEXURE - V
MEMORANDUM EXPLANATORY OF THE PLAN SCHEMES
Plan Head ___________________________________________
Code No. and Name of the Scheme _______________________
Explanation :
(a)
(b)
Financing of the Scheme (SP, CSS, CSP) or EAP.
Object and Performance of the Scheme from its initiation.
(c)
Targets achieved so far.
(d)
Financial and physical targets for the year 2003-2004.
(e)
Quantum of funds likely to be borne by Government of India or by any external
agency.
(f)
Benefit of the Scheme.
330
ANNEXURE - VI
SCHEDULE OF DATES FOR THE SUBMISSION OF RETURNS TO THE FINANCE
DEPARTMENT IN CONNECTION WITH THE PREPARATION OF THE BUDGET
ESTIMATES, 2003-2004.
I. Ordinary Budget
(a)
Receipts Estimates- (Receipt Budget Material)
(i) Other than Land Revenue, irrigation and civil works by
3rd October, 2002
(ii) Land Revenue by
25th October, 2002
(iii) Irrigation by
6th November, 2002
(iv) Civil works by
20th November, 2002
(v) Final Receipts Estimates in respect of Land Revenue, State
Excise Duties, Stamps Interest, Irrigation and Extraordinary
Receipt by
3rd January, 2003
(b) Expenditure Estimates (Permanent Budget Material)
From 16th October,
2002
to 6th November, 2002
II. Schedule of New Expenditure
A - NON-PLAN
(a)
(b)
Technically New Schemes- (Material for continued SNEs) 28th August, 2002.
New Schemes.
(i) Proposals to be sent to the Finance Department by
30th Sept., 2002.
B - PLAN
(i) Discussion with the Planning Commission to be
arranged by the Planning Department by
1st week of December, 2002
(ii) Revised Schedule in Forms B.M. 2 and Memoranda, within one week
where necessary on the basis of the discussion with the discussion with the
Planning Commission to be supplied to the Finance Commission
Department.
from the
Planning
III. Statement of Excesses and Surrenders
Statement of Excesses and Surrenders to be supplied to
the Finance Department by the Head of Department by
***************
27th November, 2002
331
FINANCE DEPARTMENT
No. 2/1/95-4PR(FD)
Dated 8th August, 2002
Office Memorandum
Grant of Selection grade to Government employees – regarding calculation
of Selection Grade posts.
Subject :
The undersigned is directed to invite a reference to the following letters issued by
the Finance Department in connection with the subject cited above :
Sr.
No.
Reference No.
Contents-in brief
1.
No. 3/2/1PR(FD)-80,
dated 6th October,
1980
The Selection Grade posts, with reference to the percentage prescribed,
to be calculated on the strength of permanent sanctioned posts
2.
No. 3/2/1PR(FD)-80
dated 24th August,
1981
The Selection Grade posts, with reference to the percentage prescribed,
to be calculated' on the strength of permanent sanctioned posts and such
of the temporary posts which had been in existence for a period of more
than-three years.
3.
No. 2/1/95-4PR(FD)
dated 20.8.96
The Selection Grade post, with reference to the percentage prescribed, to
be calculated on the strength of all permanent and temporary sanctioned
posts.
2.
It has been observed that the instructions issued vide letter dated 20.8.96 have
been issued under an erroneous premise and the same calls for correction. The background
facts in this regard, as taken from the judgments of the Hon'ble Punjab & Haryana High Court in
CWP No. 1572 of 1973, CWP No. 2242 of 1984 and LPA No. 135 of 1986, areas under :(i)
Pay scales for teachers in the Education, Department were prescribed vide
Government letter dated July 23, 1957 in the joint Punjab. One of the provisions
made in this letter of 23.7.57 was as under.
"15% of teachers in this group should straightway be promoted to the middle
scale by selection 'based on seniority and merit, while the rest should be given
the lower scale.
A reading of the above stipulation shows that this was a provision for grant of
Selection Grade for 15% of the cadre of junior teachers/JBT teachers at that
time.
(ii)
Some of the JT/JBT teachers serving in different schools in Punjab filed a Civil
Writ Petition in 1973 bearing No. 1532 of 1973 claiming Selection Grade in the
scale of Rs. 120-175 to which they were allegedly eligible in accordance with the
directions issued by the State of Punjab contained in the letter dated 23.7.57.
The Punjab state took up the position that the Selection Grade had been
abolished w.e.f. 1.4.65 when a uniform grade was introduced and the grant of
Selection Grade was not automatic. The Civil Writ Petition was disposed of on
18.3.82 by A.S.Bains, J. and it was held that Selection Grade should be released
332
in accordance with the instructions of the Government and if any of the
petitioners was eligible to get the Selection Grade before March 31, 1965, the
same should be granted to him along with the consequential relief in accordance
with the instructions.
(iii)
The instructions pertaining to grant of Selection Grade to the teachers dated
23.7.1957 did not mention that for the purposes of calculation of Selection Grade
posts only the permanent posts were to be taken into account. However, the
Commissioner & Secretary, Education, Punjab clarified vide his letter dated June
24, 1964 wherein it was stated that in future the posts of teachers in the higher
grade in the prescribed ratios should be allowed on the basis of the permanent
strength and not against the temporary posts unlike the practice followed in the
past. Further, the Punjab Government issued another letter dated 10.3.65
whereby it was prescribed that the Selection Grade posts are to be calculated
only on the basis of permanent strength of the cadre. Further, the Government
of Punjab also decided to abolish the provision of Selection Grade for the
teachers w.e.f. April 1, 1965 when a uniform grade was introduced.
(iv)
Thereafter, some teachers from Punjab filed another Civil Writ Petition No. 2242
of 1984 which was decided by Mr. Justice Pritpal Singh vide his judgment dated
October 31, 1985. Para 7 of the judgment dated 31.10.85, which constitutes the
operative part of the judgment is reproduced as under :―The current position, therefore, is that 15% of the JT/JBT teachers are eligible to
get Selection Grade up to June 24, 1964 on the total strength of the cadre
including, the temporary posts. From June 24, 1964 to April 1, 1965, the
Selection Grade was to be granted only to 15% of the permanent cadre.
Admittedly, the Selection Grade was abolished w.e.f. April 1, 1965. The
respondents are consequently directed to grant Selection Grade accordingly. If
any of the petitioners is eligible for the Selection Grade before March 31, 1965 in
accordance with above formula, he may be considered for the grant of the name.
The writ petition is disposed of in these terms. The petitioners will be entitled to
the costs. Counsel fee fir Rs. 500/-.
October 31, 1985
(v)
Sd/Pritpal Singh,
Judge."
The orders of the Hon'ble Punjab & Haryana High Court in Civil Writ Petition
No. 2242/84 were challenged by way of a letters Patent Appeals No. 135/86 and
No. 138/86. The issue was decided in LPA No. 135/86 by a Division Bench of
the Hon‘ble Punjab & Haryana High Court which, after discussing the merits of
the case held that :―The view taken by the learned Single Judge is unassailable and nothing
gainfully can be added to it. Resultantly, we affirm the findings arrived at by the
learned Single Judge for the reasons recorded in the judgment."
It further stated that
"In view of the observations made above, we find no force in the LPAs. The same
are dismissed with no order as to costs. However, the respondents who are
found to be eligible by the State, shall be entitled to the arrears only to the extent
of 38 months prior to the date of filing the writ petitions.
333
(vi)
The said order dated 15.1.90 of the D.B. of the Hon'ble Punjab & Haryana High
Court was, challenged in the Hon'ble Supreme Court of India by way of SLP
which was dismissed by the Apex Court vide its order dated 22.10.1990.
(vii)
Thus, the order passed by the learned Single Judge, Mr. Justice Pritpal Singh in
Civil Writ Petition No. 2242/84 and upheld by the Division Bench in LPA
No. 135/86 vide their order dated 15.1.90 with the modification for restriction of
payment of arrears to 38 months got a finality with the SLP having been
dismissed by the Hon'ble Supreme Court of India. Thereafter, another group of
teachers from Punjab filed Civil Writ Petition No. 601 of 1991 on the same
subject and on the same grounds and the Hon'ble Punjab & Haryana High Court
decided the said Civil Writ Petition in terms of the judgment dated 15.1.90 in LPA
No. 135/86. Again, another group of teachers filed another Civil Writ Petition
No. 9064 of 1993 on the same subject and on the same grounds and this writ
petition was also decided in terms of the judgment of this Court dated 15.11.85
(Single Bench) and 15.1.90 in LPA No. 135/86 by Mr. Justice G. S. Singhvi vide
his order dated 23.2.95. Another group of 18 CWPs filed by teachers from
Haryana State were decided by a common order in CWP No. 2143 of 1994 on
the same lines. Thereafter, a group of 25 teachers from Haryana filed Civil Writ
Petition
No. 11255/95 on the same subject and same grounds. This writ petition was
decided by a Division Bench of the Hon'ble Punjab & Haryana High Court vide its
order dated 21.8.95. The order of the Hon'ble Punjab & Haryana High Court in
this writ petition is reproduced, in toto as under :"The respondents are directed to decide the representation within three months,
keeping in view the law laid down by this court as well as by the Hon‘ble
Supreme Court of India, by passing a speaking order. If the petitioners are found
entitled to any relief, the same shall be released to the petitioner within one
month thereafter.
It may be brought to the notice of the Chief Secretary that in spite of the
decision of this court and by the Supreme Court laying down the law, a number
of writ petitions are being filed before this court wherein it has been brought to
our notice that the departments are not implementing the law laid down by the
Supreme Court. We hope that appropriate instructions will be issued to all
concerned to implement the law laid down by this court and the Chief Secretary
will ensure the implementation of the law of the land so as not to force the
Government employees to get the order of the Hon'ble Supreme Court as well as
of this court implemented through petitions.‖
3.
After the orders dated August 21, 1995 as reproduced above were passed by the
Hon'ble Punjab & Haryana High Court, a reference was received in FD from the office of Chief
Secretary, Haryana for issuing general instructions on the subject. Resultantly, the instructions
bearing No. 2/1/95-4PR(FD) dated 20.8.96 were issued as under :Subject : Grant of Selection Grade regarding calculation of Selection Grade
posts.
I am directed to invite your attention to the subject noted above and to
say that prior to 1.4.79 the Selection Grade to Group 'C' & 'D' Category
employees was admissible on the basis of the number of permanent posts in a
particular cadre and later on till 1.1.86, the date on which this practice was
334
altogether abolished, for determining the number of the Selection Grade posts,
the temporary posts in existence for the preceding three years were also taken
into account.
2.
The CWP No. 2143 of 1994 and 11255 of 1995 were filed in the High
Court by some teachers of the Education Department and while disposing these
off, Hon'ble High Court directed to grant the Selection Grade on the basis of total
strength, including permanent and temporary posts, with all consequential
benefits, to the petitioners. Thus, the employees of the Education Department
have already been granted this benefit as per the judgment.
3.
The Government has, therefore, decided that the Selection Grade
wherever available prior to 1.1.86 may be worked out on the basis of total
strength including permanent and temporary posts and all consequential benefits
including arrears of 38 months preceding the date of such decision, be allowed to
eligible employees."
4.
The chronological sequence of events given above clearly shows that the orders
of the Hon'ble Punjab & Haryana High Court in Civil Writ Petition No. 11255/95 as reproduced in
para 2(vii) above could not have been read in isolation of the judgment in Civil Writ Petition
No. 2242/84 and LPA No. 135/86. Thus, the instructions dated 20.8.1996 as reproduced above
have been issued under an erroneous premise by way of wrong interpretation/application of the
orders of the Hon'ble Punjab & Haryana High Court and the Hon'ble Supreme Court of India. It
is evident that the orders of the Hon‘ble Punjab & Haryana High Court were confined to the
grant of Selection Grade on the permanent and temporary posts up to 24 June, 1964 and only
for the teachers of the Education Department and for nobody else.
5.
As a matter of fact, the Government of Haryana in the Finance Department had
issued instructions vide its letter No. 3/2/1PR(FD)/80 dated 6th October, 1980 whereby it was
reiterated that the Selection Grade posts were to be calculated on the basis of permanent
sanctioned posts in a Department. Further, the Government modified its instructions of
6th October, 1980 vide instructions bearing even number dated 24.8.81 whereby the method of
calculation of Selection Grade posts was changed and it was prescribed that the permanent
posts as well as such of the temporary posts in a cadre which have remained in existence for
more than three years should be taken into account, for the purposes of calculating Selection
Grade posts as against only the permanent posts under the instructions of 1980.
6.
It may also be seen that the instructions of 24.8.81 were already in place at the
time the cases pertaining to the Education Department were decided in the years 1985 onwards
till the year 1995. These instructions were at no stage assailed before the Hon'ble Punjab &
Haryana High Court nor were these discussed in any of the court cases. As a matter of fact, the
Hon'ble Punjab & Haryana High Court had even, by implication, upheld the instructions dated
1965 as well whereby the, Selection Grade, posts were calculated on the basis of permanent
sanctioned posts in a cadre.
7.
The issue arises as to what should be the rational approach for the purposes of
calculation of Selection Grade posts. The correct principle was prescribed in the instructions of
1965 and then 1980 when it was stipulated that the number of selection grade posts should be
calculated on the basis of permanent posts. However, this was correct so long as the system of
converting temporary posts into permanent posts at the end of every five-year plan period was
meticulously followed. This system became lax, with the continuity of plan schemes (for which
temporary posts are sanctioned) beyond one plan period. As a result, as on today, there are a
335
large number of temporary posts which have been continuing as such for a period exceeding
five years, and in many cases even beyond ten years. It was in this background that
instructions of 1981 were issued whereby the permanent posts as well as temporary posts in
existence for a period of more than three years were taken into account. The rationale behind
taking temporary posts of more than three years into account also lies in the fact that it normally
takes one to two years time to fill up a post after it is sanctioned and another one year is the
normal probation period.
8.
In any case, there is no rationale for calculating Selection Grade posts on the
strength of all the Permanent posts and Temporary posts. If this be the proposition, there would
be a number of Selection Grade posts which may be worked out on the basis of such of the
temporary posts which are not even filled up and lying vacant. For example, if a particular cadre
has a total of 100 sanctioned posts out of which 75 posts are permanent and 25 posts are
temporary and the total number of filled up posts is only 85. The number of Selection Grade
posts (20%) on the basis of existing formula as per 1996 instructions would be 20. On the other
hand, out of 25 temporary posts, there are only nine posts which have been sanctioned for a
period of more than three years. The number of Selection Grade posts under the 1981
instructions would work out to 16 as against 20 under the 1996 instructions. If one goes by the
number of posts actually filled up, the number of Selection Grade posts would work out to 17.
Thus, 1996 instructions result in creation of Selection Grade posts which would be around 24%
when assessed against the filled up posts whereas the prescribed percentage is only 20. The
above analysis shows that the instructions issued on 24.8.1981 are most rational.
9.
Keeping in view the above detailed discussions, the Government have now
decided to withdraw the instructions bearing No. 2/1/95-4PR(FD), dated 20.8.1996 and reiterate
the FD's instructions dated 24.8.1981 whereby it was stipulated that for the purpose of
calculating the selection grade posts, the permanent posts and such of the temporary posts in a
cadre which have remained in existence for more than three years should be taken into
account. Accordingly, the Government has decided that for the purpose of calculating selection
grade posts, the permanent posts as well as temporary posts in a cadre which have remained in
existence for more than three years should be taken into account. However, while making
calculations, the fraction of three and above may be considered as whole number. It has also
been decided that for the computation of Selection Grade post in a cadre, the minimum number
of posts in that cadre must be three if the selection grade stands sanctioned at 20% of the cadre
and for a cadre strength of 3 to 7 posts, the Selection Grade at 20% should be admissible to
one post only.
10.
It is very well in the mind of the Government that withdrawal of instructions dated
20.8.96 would result in recoveries from certain employees rendered ineligible when their cases
are re-examined in accordance with 1981 instructions. However, being a welfare state, it has
been decided by the Government that no recovery is to be effected from the employees found to
be ineligible in this process. However their cases would have to be, re-opened and decided in
terms of FD's instructions dated 24.8.1981 and their pay re-fixed on notional basis on the date
the Selection. Grade was granted to them under the 1996 instructions. The pay so re-fixed on
notional basis would be brought forward and fixed as on 1.8.2002 and the employees would
start drawing their salaries with effect from 1st day of August, 2002 accordingly.
11.
Similarly, in the case of those who have retired from Government Service and
are in receipt of pension determined on the basis of emoluments fixed in accordance with the
instructions dated 20.8.1996, the pensions would be re-fixed on the basis of emoluments they
would have been entitled to in accordance with para 10 above. The pensions so re-fixed would
336
be paid accordingly w.e.f. 1.8.2002. The cases of those who have died should not be
re-opened.
12.
These instructions may please be brought to the notice of all the employees
working under various Departments of the State Government.
To
The Chief Secretary to Government of Haryana/All the Financial
Commissioners & Principal Secretaries to Government of Haryana/
Administrative Secretaries to Government of Haryana in various
Departments/Head of Departments/Divisional Commissioners/
Registrar, Punjab & Haryana High Court at Chandigarh/Accountant
General (A&E) Haryana and the Accountant General (Audit) Haryana,
with five spare copies in each case for use in the subordinate offices.
***************
337
FINANCE DEPARTMENT
No. 2/12/99-2PR(FD)
Office Memorandum
Subject :
Grant of two advance increments to the Junior Engineers on acquiring
AMIE or an equivalent degree during service -discontinuation thereof.
I am directed to refer to Finance Department letter bearing No. 6/144/4PR(FD)87, dated 27.1.1992. The Government had further modified the pay scales of Junior Engineers
w.e.f. 1.1.1992 under the instructions referred to above. In addition, another incentive was
introduced for the in service Junior Engineers whereby two advance increments were
sanctioned on acquisition of AMIE or an equivalent degree while being in service.
2.
This issue has been examined in view of certain references received from the
Departments. Keeping in view the large number of engineering graduates now available in the
market and the engineering graduates opting to apply for the posts of Junior Engineers, it is felt
that there is no justification to continue with the incentive sanctioned by way of instructions
dated 27.1.92. Accordingly, it has been decided to withdraw the said incentive facility with
immediate effect.
3.
concerned.
The contents of this Office Memorandum may be brought to the notice of all
To
All the Administrative Secretaries to Government of Haryana
in various Department/Head of Deptt,/Divisional Commissioner/
Registrar, Punjab & Haryana High Court at Chandigarh/Accountant
General (A&E) Haryana/and the Accountant General (Audit) Haryana
with five spare copies in each for use in the offices.
***************
338
FINANCE DEPARTMENT
Office Memorandum
No. 1/2(III)-2001-2FR-II
Subject :
Dated, the 12th August, 2002
Grant of pensionary benefits to the employees on Foreign Service/
Deputation/BBMB/Chandigarh Administration - regarding reckoning of
emoluments for fixation of pension at the time of retirement/
superannuation.
I am directed to invite your attention to the subject cited above. The issue of
grant of pensionary benefits to the employees working in the BBMB, Chandigarh Administration,
on deputation to various State/Central Organisations, PSUs, Boards & Corporations has been
engaging the attention of the Government for sometime in the past. The position of relevant
rules and executive instructions issued on the subject are as under :(A)
Statutory Rules:
(i)
Rule 6.19(C) of the Punjab Civil Service Rules, Vol. II as applicable to the State
of Haryana.
(ii)
Rule 2.21 read with Chapter 10 of the Punjab Civil Service Rules, Vol. I, Part I,
as applicable to the State of Haryana.
(iii)
Rule 10.21 of Punjab Civil Service Rules Vol. I, Part I (non-existent in the Rules
applicable to the State of Haryana)
(iv)
Section 79(4) of Punjab Reorganisation Act, 1966.
(B)
Executive Instructions:
(i)
No. 2528-5FR(I)-76/14020 dated 11.5.77 and para 2.4 there under.
(ii)
No. 13/5(5)/86-5FR-I dated 17.3.87 and para 2.4 there under.
(iii)
No. 1/4/(13)/93-2FR-II dated 26.5.97
2.
The whole issue has been examined in detail. Broadly speaking, there are four
categories of employees for the purposes of subject mentioned above. These four categories
are as under :(A)
Government employees serving in the State Government and its Departments.
(B)
Government employees on deputation to various Boards, Corporations,
Universities, Autonomous Bodies, PSUs of the State Government or similar
organisations in the Central Government.
(C)
Haryana State Government employees deputed against the share quota posts in
U. T. Administration, Chandigarh.
(D)
Haryana Government employees deputed to serve in the Bhakra-Nangal & Beas
Management Board (BBMB) against the share quota posts of the State of
Haryana.
3.
The position in respect of each of the categories mentioned above is discussed
and decided as under:
339
(A)
Government employees serving in the State Government and its
Departments.
The emoluments that have to be taken into account for the purposes of determination of
pension have been explained under Rule 6.19(C) of the CSR Vol. II as amended upto-date and
applicable to the State of Haryana. There is no doubt or confusion, whatsoever, in so far as the
determination of pension of the employees covered under this category are concerned. Their
pension has to be determined with reference to the average of last ten months‘ pay while
serving in connection with the affairs of the State Government or any of its Departments.
(B)
Government employees on deputation to various Boards, Corporations,
Universities, Autonomous Bodies, PSUs of the State Government or similar
organisations in the Central Government.
(i)
In so far as the employees covered under this category are concerned, they are on
deputation with these organisations and the service rendered in these organisations is foreign
service in terms of Rule 2.21 of the CSR Vol. I, Part I. The salary drawn by the employees
during the period of deputation is governed by the terms & conditions of their deputation.
Invariably, they are given the option either to draw pay in the pay scale of the deputation post if
the same happens to be more favourable to them or get deputation allowance if admissible
under the Government instructions issued from time to time. The borrowing organisations are
required to deposit the leave salary and pension contribution in respect of these employees for
the period of deputation. However, the pensionary liabilities are borne in full by the State
Government under which these employees hold their substantive posts.
(ii)
Their emoluments to be reckoned for the purposes of pension in these cases are
defined under the provisions of Rule 6.19(C)(iii) & (iv) of CSR Vol. II as applicable to the State of
Haryana. The rule provides that:
"6.19(C)
(iii)
There will be no change in the existing principle of reckoning those emoluments
for pension which are paid by the Government. In other words, the entire amount
drawn as emoluments by a Government employee while on foreign service will
not count for pension and gratuity. In such a case, the pay which the Government
employee would have drawn under the Government had he not been sent on
foreign service will alone be taken into account.
(iv)
In the case of employees on deputation to any other State Government or the
Central Government, the emoluments which he would have drawn, had he not
proceeded on deputation, will alone be taken into account"
iii)
It is thus clear that in the case of employees covered under this category only
such emoluments would reckon for pension and gratuity as they would have drawn on a
presumptive basis on their substantive/officiating posts in their parent departments but for their
proceedings on deputation to these organisations even if they retire/superannuate while being
on foreign service/deputation.
(C).
Haryana State Government employees deputed against the share quota
posts in U. T. Administration, Chandigarh.
(i)
Haryana Government employees are deputed to serve under the UT
Administration, Chandigarh under the special dispensation of share quota posts provided under
the statutory Scheme of the Punjab, Reorganisation Act, 1966. Their posting with the UT
340
Administration is under a special arrangement of the share quota allotted to the States of
Punjab and Haryana. It is on account of this special arrangement that the UT Administration is
not required to deposit the leave salary and pension contribution to the State of Haryana in
respect of these employees for the period they serve with the UT Administration. Para 2.4 of
the executive instructions dated 11.5.1977 and 17.3.1987 respectively, providing that deputation
to Chandigarh Administration will not be treated as foreign service, has to be read in this
context.
(ii)
Chandigarh Administration has adopted the Punjab pattern of Pay Scales in
respect of the employees serving in connection with the affairs of the UT Administration. Punjab
pattern of pay scales is different from that of Haryana State which has broadly followed the
Central pattern of pay scales. However, the Punjab pattern of pay scales is applicable in
respect of the UT cadre employees. Any employee from the Haryana Government normally
goes to the UT Administration in his own pay scale. There are certain cases where Haryana
Government employees, deputed with the Chandigarh Administration, have been allowed adhoc
promotions by the UT Administration on account of their own administrative exigencies. The
employees so promoted may actually be junior in their substantive posts in the parent
department and join against such substantive posts on their return to the parent department. In
case an employee so promoted while serving with the Chandigarh Administration also
retires/superannuates from the Chandigarh Administration, he cannot claim his pension and
gratuity on the basis of emoluments drawn by him while serving under the Chandigarh
Administration since his pensionary liabilities are borne in full by the State of Haryana and his
pension cannot be fixed at a stage higher than those serving in the parent department and
though senior to him. Thus, under no circumstances, he would be entitled to draw his pension
on the basis of some adhoc promotion or higher pay scale that he might have got while serving
in connection with the affairs of the UT Administration, Chandigarh.
(iii)
keeping the aforesaid in view, it is clarified that the pension of the Haryana
Government employees retiring/superannuating from the Chandigarh Administration will be
fixed on the basis of emoluments they are entitled to on their substantive posts in their parent
departments by working out the same on a presumptive basis in accordance with the provisions
contained in Rule 6.19(C)(iii) & (iv) of the CSR Vol. II, as amended up to date, and applicable to
the State of Haryana.
(D)
Haryana Government employees deputed to serve in the Bhakra-Nangal
and Beas Management Board (BBMB) against the share quota posts of the
State of Haryana.
(i)
The BBMB was created under Part VIII of the Punjab Reorganisation Act, 1966 for the
administration, maintenance and operation of the Project with the rights of the successor states
defined therein. Sections 79(4) of the Re-Organisation Act deals with the issue of staff and
establishment of the Project. In so far as the employees covered under his category are
concerned i.e. those who are deputed to serve with the BBMB under the share quota posts
allocated to the successor states under the statutory scheme. Pay scales allowed for different
categories of employees with the BBMB, are higher than those approved by the State of
Haryana for those categories serving in the state. However, the employees deputed to serve
under the BBMB are allowed to opt for the BBMB, pay scales for the period they serve as such.
The BBMB, as in the case of Chandigarh Administration, is not required to deposit the leave
salary and pension contribution to the state of Haryana in respect of these employees for the
period of deputation. It is in this context that service under the BBMB is not treated as foreign
service under para 2.4 of the Haryana Government executive instructions dated 11.5.77 and
17.3.87 respectively.
341
(ii)
There has been some litigation by the employees serving in BBMB regarding
reckoning of emoluments for the purposes of pension and gratuity involving both the States of
Punjab & Haryana. A brief resume of the orders of the Hon'ble Punjab & Haryana High Court
and the Hon'ble Apex Court is as follows :Sr.
No.
(i)
CWP/SLP
Reference No.
CWP
No.
4381/93 Charan
Jit Singh Kohli Vs.
State
of
Haryana
Subject and orders of the Courts
The Hon'ble Punjab & Haryana High Court decided vide its order
January 13, 1994 that the pension of the petitioners should be
fixed with reference to the emoluments drawn by these
employees in BBMB at the time of their retirement. This position
is based on para 2.4 of the executive instructions dated 11.5.77
referred to above. No SLP appears to have been filed against the
said orders and hence, gained finality.
(ii). CWP
No.
6768/96 ‗Nirmal
Singh, SDO Vs. State
of Punjab‘
This Civil Writ Petition was filed against the State of Punjab
wherein the Hon'ble Punjab & Haryana High Court granted the
relief and held that their pension was to be determined with
respect to the emoluments drawn by them in BBMB at the time of
their retirement. The Hon'ble Punjab & Haryana High Court relied
upon Rule 10.21 of Punjab CSR Vol. I, Part I, while granting relief
in this case. It may be stated here that Rule 10.21 is non-existent
in the CSR Vol. I, Part I as applicable to the State of Haryana.
However, an SLP was filed by the State of Punjab in the Hon‘ble
Supreme Court of India against the orders of the Hon‘ble Punjab
& Haryana High Court. The outcome of the SLP is discussed
under Sr. No. (iv).
(iii) CWP No. 9301/ 96
‗Roshan Lal Hira Vs.
State of Punjab'
Though this writ petition was filed against the State of Punjab, the
relief was allowed by the Hon‘ble Punjab & Haryana High Court
vide its order dated 28th January, 1997 treating it as a covered
case in terms of judgment of this Court in Civil Writ Petition
6768/1996 (Nirmal Singh Vs. State of Punjab). However, a copy
of the judgment was also directed to be forwarded to the
Secretary, Irrigation Haryana for compliance for taking a policy
decision in the matter in view of the law laid down by the Hon'ble
Punjab & Haryana High Court.
(iv) SLP No. 10098/97
arising from the
judgment and
Order dated 10.12.96
in CWP 6768/96
State of
Punjab Vs.
Nirmal Singh etc.'
The State of Punjab filed the SLP against the orders of the
Hon'ble Punjab & Haryana High Court in CWP No. 6768 of 1996.
The orders of the Hon'ble Supreme Court of India are reproduced
as under:"We have heard the learned counsel for the parties.
In the light of the statutory scheme of Section 79(4) of Punjab
Reorganisation Act, 1966 (hereinafter referred to as ‗the Act‘) and
in the light of the Punjab Civil Service Rules (hereinafter referred
to as ‗the Punjab Rules‘) especially Rule 2.21, Rule 10.2(a), Rule
6.19-C which is to be read with Rule 2.44 of the Punjab Rules it
becomes clear that those erstwhile employees of the State of
Punjab who had on the appointed date i.e. 1.11.66 stood
statutorily transferred to the Bhakra Beas Management Board
(hereinafter referred to as the Board) and who ultimately retired
342
from the Board while serving in the Board will be governed by the
impugned orders of the High Court and will have to be paid
pension according to the last pay drawn by them at the time of the
retirement from the Board. We make it clear that we confirm the
decision of the High Court only to the aforesaid extent and as all
the contesting respondents fall within this category of cases the
special leave petitions are dismissed.
We make it clear that the learned counsel for the petitioners has
made a clear statement that on 1.11.96 all the respondents were
statutorily transferred to the Board & have retired from the Board.
The decision of the High Court in their favour is being confirmed
on that basis. The pension dues of the respondents as per the
scheme of the Act will have to be paid by the State of Punjab and
not by the Board which is merely a disbursing agency.
iv) CWP No. 5457/
The order of the Hon'ble Punjab & Haryana High Court dated
2001 'Surjit Singh Vs. 27.9.2001 in this case follows the judgment of the Hon'ble Apex
Court and reads as under:State of Punjab'.
"Learned counsel for respondent No. 3 concedes that the claim of
the petitioners is squarely covered by the decision rendered by
this court in Civil Writ Petition No. 6768/96 and that the order
passed by this court in the aforesaid judgment has been upheld
by the Apex Court, except petitioner No. 5, Ram Parkash. In so
far as petitioner No. 5 is concerned it is submitted that petitioner
No. 5 joined BBMB after 1.11.66 and therefore, he is not entitled
to the relief claimed in the instant Writ Petition.
The instant petition is allowed viz. petitioner No. 1 to 4 and 6 to 11
in terms of the decision rendered by this Court in Civil Writ
Petition 6768/96 ‗Nirmal Singh Vs. State of Punjab and others".
There may be a few more court cases that might have been decided of which
mention is not being made on account of non-availability of specific details. The factual position
as it emerges as under:(a)
Section 79(4) of the Punjab Reorganisation Act, 1966 is applicable in these
cases which means that only such of the employees would be entitled to get their pension fixed
on the basis of emoluments drawn by them in the BBMB at the time of their
retirement/superannuation who stood statutorily transferred to the BBMB on the appointed date
i.e. 1.11.66.
(b)
Rule 10.21 of the CSR Vol. I, Part I, which has been relied upon by the Hon‘ble
Punjab & Haryana High Court in the case of Nirmal Singh in CWP No. 6768/1996 as well as in
the case of Roshan Lal Hira in Civil Writ Petition 9301/1996 is non-existent on the rule book i.e.
CSR Vol. I, Part I, as applicable to the State of Haryana.
(c)
Contents of pars 2.4 of the executive instructions dated 11.5.77 and the
executive instructions dated 17.3.87 respectively have to be read in proper context as discussed
hereinbefore.
(iii)
Decisions:
Keeping the above in view, the Government of Haryana decides as under in
respect of the employees covered under this category:
343
(a)
Pension of all those employees who statutorily stood transferred to the BBMB as
on 1/11/1966 in terms of Section 79(4) of the Reorganisation Act and allocated to the State of
Haryana should be fixed on the basis of emoluments drawn by them from the BBMB at the time
of their retirement.
(b)
The employees who have been deputed to the BBMB by the Government of
Haryana after the appointed date i.e. 1.11.66 are not entitled to get their pension fixed on the
basis of emoluments drawn by them in the BBMB as held by the Division Bench of the Hon'ble
Punjab & Haryana High Court in CWP No. 5457/2001 and their pension will be fixed in
accordance with the provisions contained in Rule 6.19(C)(iii) & (iv) of CSR Vol. II as applicable
to the State of Haryana.
(c)
The instructions issued by the Finance Department vide its letter bearing number
1/4/(13)/93-2FR-II dated 26.5.1997 are hereby withdrawn with immediate effect.
(d)
The cases decided so far, either pursuant to the court orders or in terms of
executive instructions dated 26.5.1997, should not be re-opened.
The above may kindly be noted for strict compliance by all concerned.
Sd/(Y. S. Malik)
Commissioner & Special Secretary to Govt.,
To
The Chief Secretary to Government of Haryana/All the Financial
Commissioners & Principal Secretaries to Government of Haryana/
Administrative Secretaries to the Government of Haryana/Heads of
Departments/Divisional Commissioners/ Deputy Commissioners/
SDOs (Civil) in the State of Haryana/Home Secretary, UT Administration,
Chandigarh/Chairman, BBMB/Registrar, Punjab & Haryana High Court/
Accountant Generals (A&E) and (Audit), Haryana/Advocate General, Haryana,
with five spare copies in each case for use in the subordinate offices.
***************
344
No. 2/1(2)90-3FR-II
From
To
Subject : Disbursement of Pay and Allowances/Pension for the month of August, 2002.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 30th,
31st August, 2002, and 1st September, 2002 on account of Janamashtami, Saturday and
Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the
provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the
months of the August, 2002 for all Gazetted/Non-Gazetted Haryana Govt. employees and
pension for the month of August, 2002 for Haryana Government pensioners as well as others
who are drawing their pension from Haryana Government pensioners as well as others who are
drawing their pension from Haryana Government Treasuries August be drawn and disbursed on
the
29th August, 2002.
Yours faithfully,
Sd/(S.P.GUPTA)
No. 2/1(2)90-3FR-II
Dated, Chandigarh, the 21st August, 2002.
Sd/(S.P.GUPTA)
No. 2/1(2)90-3FR-II
345
Sd/(S.P.GUPTA)
Sd/(S.P.GUPTA)
To
U.O. No. 2/1(2)90-3FR-II
Ministers of State/Chief Parliamentary Principal Secretary for the information of the Chief
Minister/Ministers/Ministers of State/Chief Parliamentary Secretary.
Sd/(S.P.GUPTA)
To
Secretary, Haryana.
U.O. No. 2/1(2)90-3FR-II
***************
346
Chander Singh, IAS
D.O. No. 21/1/2002-3B&C
Financial Commissioner & Principal
Secretary to Govt., Haryana, Finance
Department, Chandigarh.
Dated 26th August, 2002
Subject : Draft Para titled as ―Financial Assistance to Local Bodies and Others‖ for
inclusion in the Report of the Comptroller and Auditor General of India for the
year 2001-2002 (Civil) – Government of Haryana.
Dear,
The Accountant General (Audit), Haryana has prepared the enclosed draft para titled
as ―Financial Assistance to Local Bodies and Others‖ for inclusion in the CAG of India Report
2001-2002 (Civil). The perusal of the draft para reveals that 1261 utilisation certificates for
Rs. 487.21 crore pertaining to the period 1991-92 to 2000-2001 are in arrears, though as per
financial rules, certificates of utilization are to be obtained by the departmental officers from the
grantees and after verification these should be forwarded to the Accountant General, Haryana
within 15 months from the date of sanction of the grants-in-aid. Similarly, another para is
proposed to be included in the report saying interalia that accounts of as many as
99 Bodies/Authorities pertaining to the period from 1982-83 and 1986-87 to 2001-2002 have not
been received by Accountant General, Haryana until July, 2002. Such type of para is added
every year in the CAG Reports which indicates that no proper monitoring is being done at the
level of Government to eliminate such financial irregularities.
2.
I would request you kindly to look into the matter and arrange to finalize/submission
of the pending utilization certificates and accounts to the Accountant General, Haryana at the
earliest. Comments in the matter may be sent to the Accountant General (Audit), Haryana
within the stipulated period of six weeks under intimation to the Finance Department. Needless
to say, settlement of these paras at this stage will ensure that these paras do not figure in the
next report of the CAG.
3.
I will be obliged if the matter is accorded ‗Top Priority‘.
Encl.: As above
Yours sincerely,
Sd/(Chander Singh)
All concerned FCs & PSs/
Administrative Secys.
No. 21/1/2002-3B&C
Dated 26th August, 2002/3rd September, 2002
A copy is together with a copy of the Accountant General‘s (Audit), Haryana D.O. letter
No. Report(Civil)/D.P.-53/2001-02/526, dated 8.8.2002 is forwarded to the Secretary, Haryana
Vidhan Sabha, Chandigarh, for information.
***************
347
No. 16/40/2000-4WM, Dated 20.12.2002.
No. 16/40/2000-4WM
From
To
All Commissioners of Divisions in Haryana,
Sub Divisional Officers (Civil) in the state
All district & Sessions Judges in Haryana.
Subject : Grant of Advance for the purchase of Personal Computer to Government
employees - Admissibility Condition/Limit of Advance and Instalments of
Recovery.
Sir,
I am directed to address you on the subject noted above and to say that in view the
prices of computer slashing down day by day and computer education having been started at
school level, the State Government has, decided to revise the admissibility conditions and the
limit of the personal computer advance to Haryana Government employees as under :Admissibility-condition
Government employees drawing pay of
Rs. 7,500/- p.m. and above (including SP
& NPA).
2.
Limit of advance and instalments of
recovery
Rs. 50,000/- or the actual price of the
computer, whichever is less, recoverable
in not more
All other conditions shall continue to be applicable as heretofore.
3.
The decision contained in this circular letter shall take effect from the date of its
issue. The revised limit of the advance shall be admissible to those employees also whose
applications for this advance may be pending for sanction on the date of issue of this circular
letter. But the cases already decided/sanctioned shall not be re-opened.
4.
Instruction issued vide letter No. 16/1/98-WM(4) dated 2.9.2000 stand modified to
this extent.
Yours faithfully,
Sd/(G.S. Sorot)
Joint Secretary Finance (Budget)
tha
348
No. 16/40/2000-4WM
A copy is forwarded to the Accountant General Haryana (A & E) and Audit),
Chandigarh, for information.
Sd/(G.S. Sorot)
Copies are forwarded to :(i)
(ii)
The Financial Commissioner, Revenue Haryana and
All Administrative Secretaries to Govt. Haryana, for information.
Sd/(G.S. Sorot)
To
(i)
(ii)
The Financial Commissioner, Revenue and
Sd/(G.S. Sorot)
U.O. No. 16/40/2000-4WM
A copy is forwarded to the Principal Secretary/Additional Principal Secretary/Deputy
Principal Secretary/Private Secretary to the Chief Minister/Ministers/State Ministers/Chief
Parliamentary Secretary for the information of Chief Minister/Ministers/State Ministers/Chief
Sd/(G.S. Sorot)
U.O. No 16/40/2000-4WM
A copy is forwarded to the Managing Directors/Directors/Director Principal and Vice
Chancellors of the Boards/Corporations/Universities and Medical Colleges in the State.
Sd/(G.S. Sorot)
***************
349
No. 36/18/2002-WM(5), Dated 09.11.2004.
Most Immediate
Date Bound
No. 36/18/2002-5WM
From
To
Subject : Computerisation of Accounts of Long Term Advances like House Building
Advance, Motor Car Advance, Scooter Advance, Marriage Advance and
Computer Advance.
Sir,
I am directed to address you on the above subject and to say that AG office has
decided to computerise the accounts of long term advances i.e. House Building Advance, Motor
Car Advance, Scooter Advance, Marriage Advance and Computer Advance shortly for
rendering computerised and reliable data to State Government. To ensure complete accuracy,
it is essential that the sanctions of loans should include the information as per enclosed
Annexure I. The recovery schedules of these loans/advances should be attached with the pay
bill from October, 2002 as per Annexure-II. Meanwhile to start the job, the information as
specified in Annexure-IIl is required separately for all the loanees of HBA, MCA, Computer and
Marriage Advance latest by 15.10.02 positively.
It is therefore, requested that complete information in the enclosed Annexures in
respect of above loans and advances be supplied alongwith Pay Bill from the salary month of
October, 2002, positively and additional information in Annexure-III be sent to AG office by
15th October, 2002. The above instructions may please be brought to the notice of all
officers/officials working under your control.
Kindly acknowledge the receipt of this letter.
Yours faithfully,
Sd/(G.S.Sorot),
Joint Secretary Finance (B).
350
No. 36/18/2002-5WM
Sd/(S.R.Maurya),
No. 36/18/2002-5WM
2.
3.
4.
5.
6.
7.
Haryana.
Delhi.
Haryana State.
Sd/(S.R.Maurya),
A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy
Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries
to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy
Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State
Sd/(S.R.Maurya),
To
The Principal Secretary/Addl. Principal Secretary/Dy. Principal Secretary/
U.O. No. 36/18/2002-5WM
351
ANNEXURE - I
Sanction must incorporate the following information :
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Name of sanctioning authority
Sanction No and Date
Name & Designation of loanee
GPF Account No. alongwith series
Nature of loan i.e. HBA, MCA, Ma, Computer, Interest etc.
Head of Account
Amt. of loan sanctioned
No. and rate of instalments.
Month from which recovery is to commence
Rate of interest
Rate of Penal interest
Name of DDO
Note :
It must be mentioned clearly in the condition of sanction itself that the recovery of
interest will be commenced immediately after the recovery of principal is completed.
ANNEXURE - ll
Schedule of Recovery of ______________ Advance
Head of Accounts :
S.No.
1
Major Head :
Minor Head :
Employee GPF Account
Total
Amount
installment
Name &
No.
amount recovered upto
No/Total
Designation
Alongwith
drawn previous month number of
Series
installments
2
3
4
8
6
Amount
recovered
in this bill
Balance
Amount
7
8
Signature of the DDO
ANNEXURE - III
S.
No.
Nature of
loan i.e. HBA/
MBA/MA/
Computer/Intt.
No. of
Installments &
rate of Installment
Head of
Name of Sanction Name and GPF Amt. of loan Vr. No. and
Account Sanctioning No. date designation A/C Sanctioned date of amount
Authority
of loanee
no.
drawn
Month of
1st
recovery
Amt. Recovered
upto previous
month
Amt.
Recovery
in this month
***************
Balance Rate of Rate of Name of
Amount
Intt.
Penal
DDO
Intl
352
MOST IMMEDIATE
TOP PRIORITY
No. 20/1/2001-6B&C
From
Financial Commissioner & Principal Secy. to Govt.,
To
Subject : Reconciliation of departmental figures of expenditure/receipts with those of
Accountant General's office.
Sir,
I am directed to address you on the above cited subject and to say that timely and
prompt reconciliation of accounts with the office of Accountant General (A&E) is of primary
importance in maintenance of Govt. accounts. The Finance Department has time and again,
issued detailed instructions on the subject, but regrettably, as pointed out by the A.G.Haryana,
most of the departments are not complying with these instructions.
2.
It is in the interest of the departments to reconcile their receipts and expenditures
with the Accountant General office so that, at all times, the DDOs and Heads of Departments.
have an idea in relation to the budget allocations. This helps in avoidance of excess expenditure
and proper booking of Govt. expenditure and receipts in the accounts of the Accountant
General. Many a time, departmental officers have to face oral examination on account of
excess over voted grants and improper surrenders, which is not an excess and surrender in the
real sense but is reflected so in the books of Accountant General for lack of reconciliation.
Timely reconciliation would help the departments in keeping their expenditures and receipts at
the - budgeted level to the extent possible. In particular, excess expenditure over voted grants
or less expenditure resulting in unwanted surrender/lapse of funds can be totally avoided. This
would help in error free maintenance of State accounts and proper and efficient management of
State finances at a broader level.
3.
As per the instructions, reconciliation has to be completed by the 7th day of the
second following month to which the accounts pertain. The departments are advised to stick to
this schedule. To further strengthen the system, the following measures are being adopted to
enforce the reconciliation of accounts :(i)
The concerned Treasury Officers are being instructed to check the funds
allotted under each grant. FOR THIS PURPOSE THE CONTROLLING
OFFICERS SHOULD SUPPLY COPIES OF EACH GRANT TO the concerned
Treasury Officers so that they may be able to check excess expenditure over
the grant. Further they should also ensure to send voucher Nos. to DDOs in
time so that they may send BM. 26 & 29 to concerned Heads of
Departments/Administrative Secretaries.
(ii)
Controlling Officers should ensure that the budget allocation is communicated
to the Treasury Officers and to the subordinate officers immediately on
approval of the budget.
(iii)
Proper training on classification structure be imparted to staff responsible
for drawl of bills.
353
(iv)
It is desired that the DDO should also indicate in each bill the total allotment,
total expenditure and balance left for their office. The Treasury Officers have
also been directed not to pass the bills without the above information.
(v)
At the Headquarters level, each department should depute Resident Assistant
to the Accountant General (A&E) office for conducting their reconciliation work
regularly.
4.
The responsibility of reconciliation of accounts lies primarily on the Heads of
Departments. and the concerned DDOs, It is further re-iterated that in case of non reconciliation
of accounts by the Heads of Departments, their subsequent bills will not be cleared by the
treasuries. ln case reconciliation of a department is not up to date, Finance Department may
also impose a cut on the allocations during the revised estimates and the budget estimates. All
Heads of Departments and DDOs are, therefore, advised to pay due attention to reconciliation.
The Department should also submit a monthly report to the Finance Department on
reconciliation of accounts, specifically stating the month upto which the accounts have been
reconciled. It is also made clear that if the Department fails to complete the reconciliation work
'in time a reference will be made to their respective Administrative Departments for taking
disciplinary action against it.
Yours faithfully,
Sd/Joint Secretary Finance(B)
No. 20/1/2001-6B&C
Dated : 25.9.2002
A copy is forwarded to the Accountant General Haryana, (A&E) Chandigarh with
reference to his letter No. TM(C)Recon.-2002-03/934, dated 6.9.2002 for information. He may
ask the Divisional Accountants posted in Works Departments to enforce Regular Reconciliation
of Accounts.
No. 20/1/2001-6B&C
Dated : 25.9.2002
A copy is forwarded to all the Treasury Officers in Haryana State for strict
compliance.
2.
They must ensure that the bills are checked for the funds allotted under each grant.
The full information i.e. total allotment, total expenditure and balance in each bill must be
checked by them. They may also ensure that the due reconciliation work is completed in time
before passing the bills.
A copy is forwarded to all Financial Commissioners and Administrative Secretaries to
Government, Haryana, for information and necessary action.
354
To
1.
2.
All the Financial Commissioners & Principal Secretaries
to Govt., Haryana.
U.O. No. 20/1/2001-6B&C
Dated : 25.9.2002
A copy is forwarded to all the Officers/Superintendents in the Finance Department
(concerning with Expenditure Control Branches) for information and necessary action.
2.
They are requested to keep in mind these instructions while examining the Revised
Estimates and Budget Estimates of the departments concerned with them.
3.
Strict compliance by the Departments may kindly be ensured.
To
All the Officers/Superintendents in the Finance Department
(Concerning with Expenditure control Branches).
No. 20/1/2001-6B&C
Dated : 25.9.2002.
***************
355
From
To
Memo No. 15/5/2001-3B&C
Dated 25th September, 2002
Subject : Financial irregularities - avoidance thereof.
Reference the subject noted above.
2.
It has been observed by the Finance Department that, the following areas of Finance
Department instructions and Financial Rules are not being fully complied with by various
departments :1.
The provisions/rules contained in Accounts Code and Budget Manual are not
adhered to.
2.
Some Departments are incurring expenditure without budget allocation. This
has invited adverse criticism from the PAC.
3.
DDO-wise budget allocation is not being done in all Departments.
4.
Employees Unique Code No. has not been allotted by most of the departments
so far. The departments do not maintain retirement profiles.
5.
Reconciliation of receipts and expenditure is not being done by most of the
departments with the monthly accounts supplied by AG, Haryana.
6.
Personal ledger accounts are not properly maintained and updated. Personal
Deposits under 8443-Civil Deposits-personal deposits are not closed on
31st March every year. In certain cases, even the AG has not been consulted
before opening of PLAs.
7.
Presently, CAOs/SAOs/AOs working in some departments are not involved in
the budget framing exercise. They are also not members of Departmental
Audit. Committees.
8.
Replies of PAC/CPU paras and audit objections are not being submitted within
the stipulated time, and large number of old Audit paras are pending in different
Departments.
3.
The above mentioned irregularities have been seriously viewed. As such, the Heads
of Departments are required to ensure that these irregularities do not take place. Particularly
the following should be ensured :1.
All the budget work is routed through CAOs/SAOs/AOs posted in their
departments.
2.
DDO level budget allocation is done in the month of April every year.
3.
The retirement profile is prepared and maintained every year.
4.
Employee Unique Code Nos. of all the departments having less than 30000
employees is allotted before next budget. Rest Departments will complete their
work thereafter.
356
5.
The AG Haryana has started providing floppies of Accounts Department-wise
and CCO wise containing DDO wise/Sub-Head wise expenditure in details. The
concerned CAOs/SAOs/AOs will scrutinise the floppies received from AG
Office and reconcile it with AG Office and settle discrepancies. The
departments should depute an official as Liaison Officer to collect the floppies
from AG Office.
6.
The CAOs/SAOs/AOs shall send a memo to Deputy Secretary Finance (B)
after 7th of every month that they have reconciled the receipt and expenditure
figures with AG office.
7.
It will be ensured that no excess expenditure is incurred over and above the
sanctioned budget this year. The budget should be framed correctly and on
the realistic basis. If any amount is required this year over and above the
sanctioned budget that can be carried over to the next year but in any case,
excess expenditure is not to be incurred.
8.
All transactions are done as per rules and regulations.
9.
No advance drawl of funds is made unless payment is ripe to be made.
10.
If anything contrary to the rules is occurring in any department in spite of their
advice, the concerned CAOs/SAOs/AOs will write to the FD immediately.
11.
It will be ensured that replies to CAG/PAC/CPU paras and audit objections are
sent within the stipulated period through the concerned Administrative Secy. to
the concerned quarters not by HODs or PSU itself.
12.
The Detailed Contingent Bills of all AC bills are submitted to the AG, Haryana.
13.
No PLA is opened without consultation with AG (A&E), Haryana. All PLAs of
personal deposits are closed on 31st March every year and reopened with the
permission of AG through FD if required next year. Plus & minus memos are
submitted to the AG, Haryana. No amount under PLAs is retained irregularly.
PLA accounts are properly maintained and operated. No receipt is retained
under PLAs unauthorisedly.
4.
It is also requested that the concerned CAOs/SAOs/AOs may also be associated in
the Audit Committees.
A copy is forwarded to all the Administrative Secretaries to Govt. Haryana for
2
It is requested that a circular may be sent to Heads of Departments authorising the
CAOs./SAOs/AOs to inform FD about irregularities of the Department if any.
357
To
U.O. No. 15/5/2001-3B&C
A copy is forwarded to the : (i)
(ii)
Director Treasuries & Accounts Department, Haryana.
Deputy Secretary Finance (RS) (in FA Branch).
for necessary action.
To
(i)
(ii)
The Director, Treasuries & Accounts, Haryana.
The Deputy Secretary Finance (RS) (in FA Branch).
U.O. 15/5/2001-3B&C
No. 15/5/2001-3B&C
A copy is forwarded to the following for information :(a)
(b)
(c)
Accountant General (Audit), Haryana, Chandigarh.
Secretary, Haryana Vidhan Sabha, Chandigarh.
***************
358
FINANCE DEPARTMENT
Office Memorandum
No. 1/1(46) 2002-1FR-I
Dated, the 1st October, 2002
Subject : Grant of advance increment(s) to Government employees for doing works of
exceptional merits - staying thereof.
I am directed to refer to the clarification issued vide No. 1/1(46) 2002-1FR-I, dated
22.7.2002 regarding the subject mentioned above and to state that the operation of above said
clarification is hereby stayed for the time being.
Sd/Superintendent FR-I,
The Chief Secretary to Government of Haryana/All the Financial Commissioners
and Principal Secretaries/Administrative Secretaries to Government of Haryana/All
Head of Departments/Divisional Commissioners/Deputy Commissioners/SDO (Civil)
in Haryana/Registrar, Punjab and Haryana High Court/Member-Secretary, Haryana
Bureau of Public Enterprises for further circulation to the MDs, Chief Executive
Officers of PSIs in Haryana and Registrars of the Universities and other autonomous
Bodies in the State.
Sd/Superintendent FR-I,
***************
359
No. 1/3/70/99-2FR-II
From
To
Commissioners, Ambala, Gurgaon, Rohtak & Hisar Divisions,
Subject : Implementation of Government's decision on Pension and Family Pension
related matters - Revision of pension of pre and post 1986 pensioners/family
pensioners etc. - Extension of date of submission of application for revision of
pension/family pension.
Sir,
I am directed to invite your attention on the subject noted above and to say that last
date for the submission of applications for the revision of pension/family pension of the Haryana
Govt. employees was fixed upto 30.9.2001. Thereafter the State Govt. have been receiving
representations from various quarters for extension of this date so as to enable some other
pensioners/family pensioners to apply for revised pension. As this State Govt. is by and large
following the Govt. of India in pensionary matters and the Govt. of India have extended the date
for submission of application upto 31.12.2002, the State Govt. after due consideration have
decided to extend the date of receipt of applications for pension/family pension upto 31.3.2003.
Yours faithfully,
***************
360
No. 1/3(42)-99-2FR-II
From
Financial Commissioner & Principal Secretary to Govt.,
To
All Divisional Commissioners,
Sub Divisional Officers(Civil) in Haryana.
Subject :
Regarding grant of dearness Relief on family pension and extra ordinary
family pension.
Sir,
I am directed to invite a reference to Finance Department letter No. 1/3(42)992FR-II, dated 31.01.2001 on the subject noted above and to state that para 3(a) of said
instructions is substituted as."Where a State Government pensioner is also in receipt of family pension in addition to
his service pension, from a source other than the Consolidated Fund of Haryana
Government, e.g. family pension from any other State Government or Government of
India or any Autonomous Body, the liability of dearness relief and/or any other relief on
family pension will be borne by the concerned Government/Organization and not by the
Haryana Government. If a pensioner is in receipt of both family pension and service
pension from Haryana Government in such case the liability of dearness relief will be
borne by Haryana Government. As regards calculation of dearness relief on both the
pensions the same will be calculated separately as per rate(s) in force from time to time‖.
2.
You are requested to bring these clarifications to the notice of the employees
working under you.
Sd/(S.P.Gupta)
Under Secretary, Finance
Endst. No. 1/3(42)-99-2FR-II
2.
The Accountant General, Haryana(i) A& E (ii) (Audit), Chandigarh.
Sd/(S.P.Gupta)
361
A copy for information and necessary action is forwarded to :(i)
(ii)
All the Financial Commissioners & Principal Secretaries in Haryana, and
All the Commissioners &, Administrative Secretaries to Government, Haryana.
Sd/(S.P.Gupta)
To
1.
2.
All the Financial Commissioners & Principal Secretaries in Haryana.
All the Commissioners & Administrative Secretaries to Government, Haryana.
U.O. No. 1/3(42)-99-2FR-II
A copy is forwarded to the PSCM/Addl. PSCM/DPSCM/OSD/Sr. Secretaries/
Secretaries/Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief
Parliamentary Secretary, for the information of Chief Minister/Ministers/Ministers of State and
Chief Parliamentary Secretary.
Sd/(S.P.Gupta)
To
The PSCM/Addl. PSCM/DPSCM/OSD/Sr. Secretaries/Secretaries/
Private Secretaries to Chief Minister/Ministers/Ministers of State and
U.O. No. 1/3(42)-99-2FR-II
***************
362
HARYANA GOVERNMENT
FINANCE DEPARTMENT
No. 1/4/36/02-2FR-II
Subject : Implementation of Government‘s decision on pension and family pension
related matters clarifications regarding NPA as on 1.1.1986 and 1.1.1996.
The undersigned is directed to invite your attention to the subject noted above and to
state that Haryana Government is following the principles adopted by Government of India for
consolidation/revision of pension of its pensioners covered under the provisions of the Punjab
Civil Service Rules, Volume II (as applicable to the State of Haryana) the principle has been laid
down in the following O.M. issued by the Government of India.
OM No. 45/3/99-P&PW(A) dated 29th October, 1999.
In conformity with clarification issued by the Government of India, the Governor of
Haryana having decided to adopt the said clarification of October 29, 1999 in respect of the
pensioners under Haryana Government, is pleased to order that NPA is not to be taken into
consideration after refixation of pay on notional basis on 1.1.1986. It is also not to be added to
the minimum of the revised scale of pay as on 1.1.1996 in case where consolidated
pension/family pension is to be stepped up to 50% or 30% respectively in terms of notification
No. 1/2(8)98-2FR-II (Part VIII) dated 7th January, 2002.
To
A copy is forwarded to all the Administrative Secretaries to Govt.,
Haryana, Heads of Departments/All Divisional Commissioners &
Deputy Commissioners in Haryana/All SDOs (Civil) in Haryana/
Registrar Punjab & Haryana High Court Chandigarh/Accountant
General (A&E) Haryana/All Treasury Officers in Haryana.
***************
363
No. 1/3(42)-99-2FR-II
From
To
Sub Divisional Officers(Civil) in Haryana,
Date, Chandigarh, the 10th October, 2002
Subject : Regarding grant of Dearness Relief on family pension and extra ordinary
family pension.
Sir,
I am directed to invite a reference to Finance Department letter No. 1/3(42)99-2FR-II,
dated 31.01.2001 on the subject noted above and to state that para 3(a) of said instructions is
substituted as."Where a State Government pensioner is also in receipt of family pension in
addition to his service pension, from a source other than the Consolidated fund of
Haryana Government, e.g. family pension from any other State Government or
Government of India or any Autonomous Body, the liability of dearness relief
and/or any other relief on family pension will be borne by the concerned
Government/Organization and not by the Haryana Government. If a pensioner is
in receipt of both family pension and service pension from Haryana Government
in such case the liability of dearness relief will be borne by Haryana Government.
As regards calculation of dearness relief on both the pensions the same will be
calculated separately as per rate(s) in force from time to time‖.
2.
You are requested to bring these clarifications to the notice of the employees
working under you.
Sd/(S.P.Gupta)
***************
364
No. 36/2/2k2-WM(6)
From
To
Subject : Grant of interest free Festival Advance to Government employees during the
year 2002-2003.
Sir,
Government has decided to grant an interest free festival advance of Rs. 750/-(Rupees seven
hundred fifty only) to all class IV Govt. employees in the State who apply for it
2.
The advance will be admissible to permanent/temporary class N employees. The
advance will also be admissible to adhoc employees who are continuing in service for the last
one year and are likely to continue for another four months, after furnishing surety of a
permanent Government employee. The advance will be sanctioned by the Drawing &
Disbursing Officers concerned who would in the case of temporary employees allow advance on
the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured
from the loanee before the close of the financial year 2002-2003.
3.
the Drawing & Disbursing officer concerned, before sanctioning the advance
should satisfy himself that the incumbent will continue in service until fall
(ii)
The advance will be recovered in four equal monthly instalments and the
(iii)
The advance may be drawn and disbursed on or before 4/11/2002.
(iv)
The advance will not be admissible to work charged & contingent paid staff
and daily wagers.
(v)
The advance should not be granted to those Class TV employees who are on
deputation to other Governments/Corporations and Local Bodies etc.
365
(vi)
If both husband & wife are employed, the advance should be allowed to one
of them.
4.
the enclosed Performa-I. It is also requested that the detailed accounts of the recoveries of the
advance should be maintained by the Drawing and Disbursing Officer which should be
reconciled with the office of the Accountant General, Haryana (A&E) Chandigarh, every month.
5.
The expenditure incurred on the grant of festival advance may be communicated to
the Finance Department (in ways & Means Br.) by the Head of Departments by the end of
December, 2002 in the enclosed Performa -II.
6.
The expenditure may be debited to the Major Head "7610-Loans- to Government
servants etc. 800-Other Advance(98) Festival Advances (50) Advances (Non-Plan). The
recoveries made may be credited to the corresponding receipt head i.e. 7610-Loans to
Governments servant etc.-800-Other Advances (98) Festival Advances (Receipt).
Yours faithfully,
Sd/(S.R.Maurya),
No. 36/2/2k2-WM(6)
A copy is forwarded to the Accountant General, (A&E) and Audit Haryana
2.
The expenditure will be debited against grant No. 25 under Major Head "7610-Loans
to Government Servants-800 other Advances-(98) Festival Advances 50) Advances).
3.
Officers.
Sd/(S.R.Maurya),
No. 36/2/2k2-WM(6)
with the request that the date given in the letter new please be strictly followed and no bill be
passed after 4.11.2002. The payment made on the basis of the sanction issued by the
department concerned would be treated as payment authority in relaxation of Rule 4.113 of
S.T.R. Vol. I.
Sd/(S.R.Maurya),
366
Copies are forwarded to :1.
2.
All the Administrative Secretaries to Government, Haryana, for information
Sd/(S.R.Maurya),
To
1.
2.
The Administrative Secretaries to Government Haryana.
U.O. No. 36/2/2k2-WM(6)
A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Deputy
to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman
Sd/(S.R.Maurya),
To
The Principal Secretary/Add. Principal Secretary/Deputy Principal Secretary/
Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to
the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/
U.O. No. 36/2/2k2-WM(6)
Contd…
Encl.
367
PROFORMA - I
S. No.
Name & Designation of Total amount
employee(s)
advance Rs.
1
2
of Recoveries upto last month of
Financial Year 2009-2010 Rs.
3
4
Amount of advance Total amount of recovered upto Balance Rs.
recovered in this bill date Rs.
Rs.
5
6
Remarks
7
8
PROFORMA - II
Name
Department
1
of Name of Office
Drawing
Officer
2
&
3
***************
Disbursing Amount of Festival
advance granted to
the employees Rs.
4
368
No. 2/1/2/90-3FR-II
From
To
Subject : Disbursement of Pay and Allowances/Pension for the month of October, 2002.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 1st
November, 2002 to 5th November, 2002 on account of Haryana Day, Saturday, Sunday, Diwali
and Vishavkarma Day respectively, the Governor of Haryana is pleased to decide that in
relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and
allowances for the months of the October, 2002 for all Gazetted/Non-Gazetted Haryana Govt.
employees and pension for the month of October, 2002 for Haryana Government pensioners as
well as others who are drawing their pension from Haryana Government pensioners as well as
others who are drawing their pension from Haryana Government Treasuries October be drawn
and disbursed on the 31st October, 2002.
Yours faithfully,
Sd/(S.P.GUPTA)
No. 2/1/2/90-3FR-II
Sd/(S.P.GUPTA)
No. 2/1/2/90-3FR-II
369
Sd/(S.P.GUPTA)
Sd/(S.P.GUPTA)
To
U.O. No. 2/1/2/90-3FR-II
Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/
Sd/(S.P.GUPTA)
To
Secretary, Haryana.
U.O. No. 2/1/2/90-3FR-II
***************
370
No. 2/18/99-4PR(FD)
From
To
Commissioner, Ambala/Hisar Divisions,
The Registrar, Punjab and Haryana, High Court, Chandigarh.
Subject :
Grant of ACP Scales Clarifications regarding.
Sir,
I am directed to invite a reference to Memorandum Explanatory to the Haryana
Civil Services (Assured Career Progression) Rules, 1998 with regard to Rule 18 ibid which
reads as under :“The relevant period for the employees who have entered the Government
service for the first time either as a direct recruit or by transfer shall be counted
from the date he is so entered in the Government service.”
Some Departments have sought clarifications as to from which date the relevant
period is to be reckoned in respect of the employees appointed to some other post subsequent
to their first entry into Government service on regular basis. The matter has been considered in
the Finance Department and observed that there are three modes of recruitment in the
Government service i.e. (i) By way of Direct recruitment on regular basis; (ii) By way of
promotion; and (iii) By way of transfer. Position of each one is clarified as per clarifications given
in the enclosed Annexure.
You are requested to please bring the contents of this letter to the notice of the
employees working under your kind control for compliance in such like cases.
Yours faithfully,
Sd/(Balwant Singh)
Under Secretary Finance (PR),
The Accountant General (i) A & E (ii) Audit, Haryana, Chandigarh.
371
2.
The Home Secretary, Chandigarh Administration Chandigarh.
Sd/(Balwant Singh)
(i)
(ii)
All the Financial Commissioner & Principal Secretaries to Govt. Haryana and
Sd/(Balwant Singh)
To
All the Financial Commissioners & Principal Secretaries to Govt. Haryana.
All the Commissioners & Administrative Secretaries to Govt., Haryana.
U.O. No. 2/18/99-4PR(FD)
A copy is forwarded to the PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/Private
Secretaries to Chief Ministers/Minister/Ministers of State/Chief Parliamentary Secretary/
Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of State/Chief
Parliamentary Secretary and Parliamentary Secretary.
Sd/(Balwant Singh)
To
Private Secretaries to Chief Ministers/Minister/Ministers of State/
U.O. No. 2/18/99-4PR(FD)
Contd…
Encl.
372
―Annexure to letter No. 2/18/99-4PR(FD) dt. 6th November, 2002.
Sr.
No.
Issue raised
Clarification
Illustration
1.
What will be the date from
which the relevant period is
to be reckoned in respect of
an
employee,
initially
appointed to a post and
subsequently appointed to
another post on his own
merits by way of open
competition through HPSC/
HSSC
or
any
other
recruitment
agency
approved by the competent
authority?
In such cases, the last
appointment on regular
basis shall be treated
as the date on which
he has been appointed
as ‗Direct recruited
fresh entrant‘ within
the meaning of Rule
3(b) of ACP Rules,
1998.
„A‟ was initially appointed as StenoTypist through HSSC on 02.03.1973.
Thereafter, he applied for a higher post
and was appointed against the higher
post, say as Jr. Scale Stenographer on
05.06.1978,
through
HSSC.
His
subsequent/latest appointment on the
post of Jr. Scale Stenographer, is to be
considered as 1st appointment for the
purpose of ACP Rules. If on 31.12.95
he is drawing his pay in 1st Higher
Standard Pay Scale his pay will directly
be fixed in the 1st ACP Scale of
Rs. 5000-7850 and he will be
considered for 2nd ACP Scale of
Rs. 5450-8000 w.e.f. 1.7.98 subject to
admissible under the rules.
2.
What will be the ‗relevant
period‘ in the case of an
appointment by promotion
after a date from the date of
his first entry into service?
The ‗relevant period‘ in
the
case
of
an
appointment
by
promotion is to be
reckoned from the date
of his first entry into
service.
'B' was appointed as Sub-Inspector,
Food & Supplies on regular basis on
8.2.1978. He was promoted as
Inspector Food & Supplies on
27.4.1987. On completion of 20 years
regular satisfactory service he is to be
granted 2nd ACP Scale corresponding
to unrevised functional scale of SubInspector as on 31.12.1995 on which he
was appointed as a direct recruited
fresh entrant.
What will be the ‗relevant
period, in the case of an
appointment by transfer?
The ‗relevant period‘ is
to be reckoned from
the date of his first
entry into Haryana
Government service.
However his service in
previous
department
shall not be counted
towards seniority.
„C‟ an employee was initially appointed
as Steno-Typist on a regular basis in
the office of Director Land Records,
Haryana. Later on he was appointed as
Steno-Typist by transfer in L.R. office in
the identical pay scale. 1st and 2nd
ACP Scales will be admissible to him
on completion of 10/20 years regular
satisfactory service from the date of his
first appointment as Steno-Typist in o/o
Director Land Records, Haryana.
What will be the date from
which the relevant period is
to be reckoned in respect of
employees of organizations
other than Govt. Department
appointed/absorbed in a
Govt. Department?
The ‗relevant period‘ is
to be counted from the
date
of
his
appointment
in
a
Department
of
Haryana Government.
D‟ an employee of HSIDC, working as
Research officer is appointed/absorbed
as such in office of Director Secondary
Education Haryana. The „relevant
period‟ for the purpose of grant of
1st/2nd ACP Scale will be counted from
the date of his appointment/absorption
in the Education Department.
4
*************
373
No. 12/1/152/PE/FD/SA-2, dated 11.11.2004.
No. 12/1/152/PE/FD/SA-2
From
To
All Heads of Departments/ Commissioners Ambala,
Hisar, Rohtak and Gurgaon Divisions,
All the Managing Directors/Chief Executives/
Chief Administrators all Corporations/Companies/
Boards/Co-operative Institutions etc. in the State.
Subject : Grant of Bonus/Ex-gratia to the Employees of Public Sector Undertakings –
Policy regarding.
Sir,
I am directed to refer to this office circular letter No. 12/1/152/PE/FD/96/ SA-2, dated
24-10-2000 on the subject cited above and to say that matter regarding grant of Bonus/Ex-gratia
and other incentives to employees of Public Sector Undertakings has been re-examined by the
State Government and keeping in view revision of pay scales and financial constraints of Public
Sector Undertakings/Public Enterprises, following decisions have been taken :(1)
Payment of Ex-gratis
The payment of Ex-gratia is discontinued forth-with.
(2)
(3)
Payment of Bonus
(i)
The Board of Directors of the concerned Public Enterprise will be competent
to sanction payment of bonus; wherever applicable, at the statutory rate of
8.33%.'
(ii)
If the bonus is proposed to be paid above statutory rate of 8.33% , the
concerned Public Enterprise will be required to send the case through
Administrative Department for prior approval pf Finance Department.
Short term incentives
Short term incentives to the employees of Co-operative Sugar Mills will continue as
per earlier policy.
(4)
Token Gifts
Token gifts upto Rs. 250 limit (Rupees Two Hundred Fifty only) per employee may
be allowed on the occasion of Diwali by the Board of Directors of the Public
Enterprise.
374
These revised guidelines have the approval of Hon'ble C.M., Haryana. The receipt
of this Communication may please be acknowledged.
Yours faithfully,
A copy is forwarded to all the Financial Commissioners/Administrative Secretaries to
To
Secretaries to Govt. Haryana.
U.O. No. 12/1/152/PE (FD) 96/SA-2
A copy is forwarded to Principal Secretary to Chief Minister, Haryana for kind
information.
***************
375
MOST IMMEDIATE
IMPORTANT
No. 5/7/92-5B&C
From
To
All the Heads of Department, Haryana,
Registrar, Punjab & Haryana High Court, Chandigarh,
Managing Directors of all Boards and Corporations in Haryana.
Subject : Supply of information regarding surplus vehicles.
Sir,
I am directed to invite your attention towards the subject noted above and to say that
the High Powered Purchase Committee in its meeting held on 12.10.02 has desired to have the
detailed information of the surplus vehicles, if any, lying with various Departments/Boards/
Corporations. It is, therefore, requested that the number of vehicles along with their type/make
and other details lying surplus with the departments/Boards/ Corporations (Proforma attached)
be intimated to the Finance Department (in Budget & Committee Branch) immediately.
Yours faithfully,
A copy is forwarded to All Financial Commissioner & Principal Secys/Administrative
Secretaries to Govt. Haryana for immediate necessary action.
To
1.
2.
All Financial Commissioner & Principal Secretaries to Govt., Haryana.
All Administrative Secretaries. to Govt., Haryana.
U.O. No. 5/7/92-5 B&C
Dated : 13th Nov., 2002
376
A copy is forwarded to all Branch Officers/Supdts. in Finance Dept for information
To
All Branch Officers/Supdts. in the Finance Department.
U.O. No. 5/7/92-5B&C
Dated : 13th Nov., 2002.
377
2.
Department
3.
Total No. of
Vehicles
4.
Kind of
Vehicles
5.
Make
6.
Regd. No.
7.
Whether
Petrol/Diesel
8.
Kilometer
covered
9.
Remarks
PROFORMA
1.
***************
Sr. No.
378
No. 2/1(2)90-3FR-II
From
To
Subject : Disbursement of Pay and Allowances/Pension for the month of November,
2002.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the
30th November and 1st December, 2002 on account of Saturday and Sunday respectively, the
Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of
the Punjab Financial Rules Vol. I, the pay and allowances for the months of the November,
2002 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of
November, 2002 for Haryana Government pensioners as well as others who are drawing their
pension from Haryana Government pensioners as well as others who are drawing their pension
from Haryana Government Treasuries November be drawn and disbursed on the
29th November, 2002.
Yours faithfully,
Sd/(S.R.MAURYA)
No. 2/1(2)90-3FR-II
Sd/(S.R.MAURYA)
No. 2/1(2)90-3FR-II
379
Sd/(S.R.MAURYA)
Sd/(S.R.MAURYA)
To
U.O. No. 2/1(2)90-3FR-II
A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy
Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief
Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the
Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary.
Sd/(S.R.MAURYA)
To
The Principal Secretary/Addl. Principal Secretary/
Deputy Principal Secretary/O.S.D./Senior Secretaries/
Secretaries/Private Secretaries to the Chief Minister/
Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.
U.O. No. 2/1(2)90-3FR-II
***************
380
No. 2/157-WM(1)-2002
From
To
All Commissioners of Divisions.
Sub Divisional Officers (Civil) in the State of Haryana.
Dated, Chandigarh, the 21st November, 2002
Subject : Supply of information regarding house building advance to Government
employees.
Sir,
I am directed to invite your attention to the subject cited above and to say that the
Finance Department intends to prepare a data with regard to the recovery of house building
advance sanctioned to Government employees of the various departments during last fifteen
years. It is therefore, requested that information in the enclosed Proforma may please be
supplied to the Finance Department (Ways & Means Branch) within a month.
Yours faithfully,
No. 2/157-WM(1)-2002
Dated, Chandigarh, the 21st November, 2002.
2.
3.
4.
5.
6.
Resident Commissioner, Government of Haryana, Haryana Bhawan,
New Delhi.
Secretary, Haryana Vidhan Sabha.
MDs. of Various Boards/Corpns. in Haryana (lAS Officers only).
Director Principal of P.B.D.S Medical College, Rohtak.
381
INFORMATION REGARDING HOUSE BUILDING ADVANCE SANCTIONED TO
THE HARYANA GOVERNMENT EMPLOYEES DURING THE LAST FIFTEEN YEARS.
Name of the Department ____________________________
Name of the
employee
Amount of House
Building
Advance sanctioned to
the employee
Amount of House
Building Advance
recovered
Balance recovery of
House Building
Advance, if any.
1
2
3
4
***************
382
No. 1/90/98-5PR(FD)
From
To
Commissioner, Ambala/Hisar Divisions,
The Registrar, Punjab and Haryana, High Court, Chandigarh.
Dated, Chandigarh, the 22nd November, 2002
Subject :
Clarification regarding replacement of Selection Grade (Pre-revised) in the
Revised Pay Scales as prescribed under 1st Schedule Part-II of the
notification dated 7.1.1998.
Sir,
I am directed to invite your kind attention to the FD‘s instructions of even number
dated 14.9.98 on the subject cited above and to say that it has come to the notice of the State
Government that some of the departments are mis-interpreting these instructions and pay of
some Government employees has been fixed in the higher pay scale(s) to which they are not
entitled under the rules.
2.
It is clarified that these instructions are not applicable in those cases where ACP
scales have been provided for any post or cadre. These instructions are applicable only to such
posts/cadre where selection grade was existing in the pre-revised pay scales at a definite
percentage of posts and after stipulated years of regular satisfactory service. Under these
instructions they would carry the selection grade also in the revised scales corresponding to the
unrevised selection grade prescribed under 1st schedule part-II of Haryana Civil Services
(Revised Pay) Rules 1998, if the same has not been sanctioned separately.
3.
These instructions may kindly be brought to notice of the concerned
officers/officials working under you, for strict compliance.
Yours faithfully,
The Accountant General, Haryana (i) A&E (ii) (Audit, Chandigarh) .
383
2.
The Home Secretary, Chandigarh Administration Chandigarh.
1.
2.
All the Financial Commissioner & Principal Secretaries to Government, Haryana
and
U.O. No. 1/90/98-5PR(FD)
A copy is forwarded to the PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/
Private Secretaries to Chief Minister/Ministers/Ministers of the State and Chief Parliamentary
Secretary for the information of the Chief Minister/Ministers/Ministers of State and Chief
To
The PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/
the State and Chief Parliamentary Secretary.
U.O. No. 1/90/98-5PR(FD)
Dated, Chandigarh, the 22nd November, 2002.
***************
384
No. 4/4(16)86-2FR-I
From
To
All the Heads of the Departments,
All the Divisional Commissioners,
SDOs (Civil) in Haryana,
The Registrar, Punjab & Haryana High court, Chandigarh.
Subject : Appraisal report regarding deficiencies noticed in the inputs received from the
departments for the purpose of maintaining GPF accounts of the subscribers
in the office of Accountant General, Haryana.
Sir,
I am directed to refer to Finance Department's letter No. 4/4/(16)86-2FR-I, dated
5th July, 1995 on the subject cited above and to say that Accountant General, Haryana has
again pointed out that the instructions issued vide Finance Department's letter referred to above
are not being followed in true spirit by a large number of DDOs and the deficiencies listed in
annexure A&B(enclosed) still continue to persist in the inputs i.e. GPF Schedules and final
payment applications etc.
2.
You are, therefore, requested again that the suitable instructions may be issued to all
the Controlling Officers and DDOs under your control to ensure that these deficiencies are
removed/avoided in future while preparing/ sending inputs to the office of Accountant General,
Haryana and that the complete information/documents are furnished.
3.
Yours faithfully,
Sd/Deputy Secretary Finance (R)
No. 4/4(16)86-2FR-I,
Dated, Chandigarh, the 25th Nov., 2002
A copy is forwarded to the Accountant General (A&E) Haryana, Chandigarh w.r.t. his
letter No. Funds I/AS-9/2002-03/219, dated 26-8-2002 and No. Funds I/AS-9/2002-03/252,
dated 18-9-2002 for information and necessary action.
385
2.
All the Financial Commissioners to Government, Haryana.
To
1.
2.
All the Financial Commissioners to Govt., Haryana.
U.O. No. 4/4(16)86-2FR-I,
Dated, Chandigarh, the 25th Nov., 2002
A copy is forwarded to the Principal Secretary/Special Principal Secretary/Addl.
Principal Secy./Dy. Principal Secy./O.S.D./Senior Secretaries/Secretaries/Private Secretaries to
the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary.
To
The Principal Secretary/Special Principal Secretary/
Addl. Principal Secretary/Dy. Principal Secretary/O.S.D./
Senior Secretaries/Secretaries/Private Secretaries.
U.O. No. 4/4(16)86-2FR-I
Dated, Chandigarh, the 25th Nov., 2002.
386
ANNEXURE ‗A‘
Common deficiencies noticed in GPF Schedules.
1.
Indication of wrong account Nos. or name of the subscribers in GPF Schedules.
2.
Non-quoting of Account Nos. in the GPF schedules.
3.
Non deletion of name of the subscribers from GPF schedules in respect of the
persons transferred to other Drawing & Disbursing Officers.
4.
Non-deletion of refund of advance from the GPF schedules in respect of cases
where recovery of advance is completed.
5.
Interchange of subscription from 'A: to '13' and 'B' to 'A".
6.
Non preparation of GPF schedules with reference to deductions in pay Bills.
7.
Difference in totals of GPF schedules.
8.
Non-quoting of Basic Pay of the subscribers in GPF schedules.
9.
Non-preparation of separate GPF schedules for MS Officers.
10.
Non-indication of subscription of. AIS Officers as 'MS Provident Fund' in column
Classification by A.G.' of Pay Bills.
11.
Non-preparation of GPF schedules in ascending order of Account Nos.
12.
Non-indication of old and new official , address in the schedules against account
Nos./names of the subscribers transferred from one establishment to the other or
new corners on transfer from other establishment.
387
ANNEXURE ‗B‘
Information/documents to be furnished duly filled in the prescribed form for the GPF final
Payment.
1.
Name of the subscriber with designation, P.F. account No. held by him, Date of
Retirement/Date of Death etc.
2.
Last Fund Deduction, Details of advances/withdrawals during last 12 months of
service.
3.
List of family members (in death cases).
4.
Name of the treasury from where the payment is desired.
5.
Address of the subscriber/claimant.
6.
Guardianship Certificate where the payment is to be made to minor children and
there is no natural guardian alive.
7.
Succession Certificate where no nomination subsists and the payment is to be
made to the persons other than family members of the deceased subscriber.
***************
388
No. 2/21/2001-4PR(FD)
From
To
The Commissioner, Ambala Division,
Sub Divisional Officers,
The Registrar, Punjab & Haryana High Court and
All District and Sessions Judges in Haryana.
Subject :
Clarification regarding fixation of pay in the circumstances when an
employee forgoes his promotion prior to getting the ACP scale or while
drawing pay in ACP scale etc.
Sir,
I am directed to invite your attention to Haryana Civil Services (Assured Career
Progression) Rules, 1998 introduced vide FD‘s Notification dated 7.1.1998 effective from
1.1.1996.
The objective behind the introduction of ACP Scheme is to grant financial
upgradations to an employee if functional hierarchy does not permit him to rise in the hierarchy
in normal course. When someone refuses to avail the opportunity of promotion coming his way
in the normal course at any time in his service career, it clearly means that he is reluctant to
shoulder higher responsibilities and he deserves no financial upgradations, indeed. Keeping this
situation in view, Rule 11 was incorporated in the ACP Rules, 1998, which is reproduced as
under :“11. Ceasing of entitlement of ACP Scales :- In case the Government
employee choose to forego any functional promotion on any ground whatsoever,
while drawing his pay in any ACP scale with reference to him, he shall cease to
be entitled to draw his pay in the ACP scale and shall draw his pay in the
functional pay scale prescribed for the post on which he is substantively working
from the date of such forgo of promotion.”
2.
Some departments have sought clarifications on various points with regard to the
operation of above rule and the same are being clarified below :Sr.
No.
1.
Issues raised
Clarification
Illustration
How and in which
scale the pay of an
employee be fixed
who was drawing
his pay in the
1st/2nd
Higher
Standard Pay Scale
on 31.12.1995 and
forgoes
his
promotion or seeks
reversion on or
after
07.01.1998
while drawing his
pay in the 1st/2nd
As is provided in Rule 11 of the
ACP Rules, 1998, in case one
foregoes his promotion, he shall
cease to be entitled to draw his
pay in the ACP scale and shall
draw his pay in the functional
Pay scale prescribed for the
post on which he is working in
substantive
or
officiating
capacity. Keeping in view above,
his pay in the revised functional
scale of such post shall be fixed
notionally from 01.01.1996 and
actually from the date he
„A‟ was appointed as a Clerk on regular
basis w.e.f. 10.6.1978 and was drawing
pay Rs. 1225/- w.e.f. 1.6.1993 in the
pay scale of 950-1500. When he was
granted 1st Higher Standard Pay scale
of Rs. 1200-2040 w.e.f. 1.1.1994 his
pay was fixed as under :-
1.6.93
1.1.94
1.6.94
1.6.95
950-1500
1225
1225
1250
1275
1200-2040
-1230
1260
1290
389
Sr.
No.
2.
Issues raised
Clarification
Illustration
ACP Scale ?
foregoes his promotion or seeks
reversion. For this purpose his
actual pay as on date of option
already exercised by him in the
pay scale as on 31.12.1995 will
be kept in view. The period
spent in the ACP scale shall
count towards increment in the
functional pay scale of the post
and no recoveries will be made
for the period he has drawn his
pay in the ACP Scale till before
the date he foregoes his
promotion or seeks reversion.
Date of next increment 1.6.1996 and so
on.
On general revision of pay scales w.e.f.
1.1.1996, his pay under ACP Rules,
1998 was fixed in 1st ACP scale of
Rs. 4000-6000 at the stage of
Rs. 4100/- with the date of next
increment on 1.6.1996. On 10.3.1998,
when he was considered for promotion
to the post of Accountant in the pay
scale of Rs. 5000-7850, he refused the
same. His pay, as per provision in Rule
11 of ACP Rules, 1998 would be fixed
notionally from 1.1.1996 and actually
from the date he refused the promotion.
For this purpose his actual pay on
1.1.1996 in the pay scale as on
31.12.1995 is to be kept in view, and
his pay in the revised functional scale
of the post of Clerk would be as under :
950-1500
3050-4590
1.6.93
1225
1.6.94
1250
1.6.95
1275
1.1.96
(1275)
3950
(Notional)
1.6.96
4030
1.6.97
4110
10.3.98
4110
(Actual)
Date of next increment 1.6.98 and so
on.
Further, if later on, he makes a request
to accept the same and the same is
permissible under the rules, in such
case his pay will be fixed in the
functional pay scale of promotional post
under Rule 4.4 (c) (i) of Punjab Civil
Services Rules, Volume I, Part I at the
stage next above the pay actually
drawn by him in the functional pay
scale of the feeder post on the date of
joining his duties of promotional post.
Whether any ACP
scale
will
be
admissible to an
employee who has
foregone
his
promotion
before
the publication of
ACP Rules, 1998
(i.e.
07.01.1998)
and
has
also
completed
10/20
(a)
Where promotion was
forgone by the Government
employees prior to 07.01.1998
while drawing their pay in Higher
Standard Pay Scale a special
onetime protection was allowed
vide F.D. instructions issued on
3.4.1998 that their I/II Higher
Standard Pay Scale granted
prior to 07.01.1998 would not be
disturbed.
Under
these
(a)
“B” was appointed as Clerk on
13.07.1973 on regular basis. He was
promoted to the post of Assistant in the
year 1990 but the same was foregone
by him, therefore, on completion of
more than 20 years regular satisfactory
service on a post of Group - C, he was
placed in the 1st Higher Standard Pay
Scale of 1200-2040 on 01.01.1994, as
per provision in para 23 of F.D.
clarifications dt. 29.12.1995 and his pay
390
Sr.
No.
Issues raised
Clarification
Illustration
years of regular
satisfactory service
prior to 07.01.1998,
in the following
circumstances :(a)
if he was
drawing his pay in
1st Higher Standard
Pay
Scale
on
31.12.95
on
completion of more
than
20
years
regular satisfactory
service in terms of
clarification
29.12.95 item no.
23?
instructions they were to be
switched over to the appropriate
ACP Scale strictly in accordance
with
ACP
Rules,
1998.
Therefore, as per provision in
the above said instructions the
pay of
such Government
employees who were drawing
pay in 1st Higher Standard Pay
Scale is to be fixed in the
appropriate
ACP
Scale
admissible to them under the
rules and promotion already
foregone by them prior to
07.01.1998 will be ignored.
was fixed as under :-
(b)
if
on
completion of more
than
10
years
regular satisfactory
service on a post of
Group C or D an
employee was not
granted any Higher
Standard Pay Scale
due to foregoing
promotion and he is
drawing his pay in
functional scale on
31.12.95, in which
scale his pay will be
fixed on or after
01.01.1996?
(b)
An employee who on
completion of more than 10
years
regular
satisfactory
service on a post of group C or
D was drawing pay in functional
scale on 31.12.1995 due to
seeking reversion or foregoing
promotion during this period his
pay will be fixed in the
corresponding revised functional
scale under Revised Pay Rules,
1998.
(b)
“X” was appointed as Stenotypist on 19.06.1982 on regular basis.
Before completion of 10 years of
regular satisfactory service he was
promoted to the post of Jr. Scale Steno
on 15.10.1990 but the same was
foregone by him as a result of which as
per provision in Para 4 of F.D.
instructions dated 08.02.1994 he was
not granted any benefit of Higher
Standard Pay Scale on 01.01.1994. On
01.01.1996 he was drawing his pay Rs.
1175+ 100 Spl. Pay in the functional
pay scale of Steno-typist. Under
Revised Pay Rules, 1998 his pay will
be fixed in the corresponding revised
pay scale of 3050-4590 + 100 spl. pay
at the stage of 3650+ 100 spl. pay.
(c)
if he was
drawing
pay in
functional scale on
31.12.95 and on
completion of 10
years
regular
satisfactory service
between
01.01.1996
and
07.01.1998, he was
not granted the
benefit of Higher
Standard Pay Scale
due to seeking
reversion to lower
post
prior
to
completion of 10
(c)
In this case the pay will
initially be fixed in the revised
functional scale from 1.1.1996
(or from the date of option) and
thereafter his name will be
considered by the competent
authority for the grant of
appropriate ACP Scale from the
next month in which he
completes 10 years regular
satisfactory service.
(c)
“Y” was appointed as Clerk w.e.f.
10.04.1987. He was promoted as
Junior Auditor w.e.f. 13.10.1996 in the
scale of 1400-2600 but the sought
reversion to the post of Clerk on
20.12.1996. On 31.12.1995 he was
drawing his pay in the functional pay
scale, therefore, on revision of pay
scale his pay will initially be fixed in the
corresponding revised pay scale of
Clerk of 3050-4590 and thereafter
necessary order for grant of appropriate
ACP Scale of 4000-6000 if admissible
under the rules will be issued from
01.05.1997 i.e. from the next month in
which he completed 10 years regular
satisfactory service on the post of first
950-1500
1.4.93
1475
1.1.94
1475
1.4.94
1500
1.4.95
1525
Date of next increment
on.
1200-2040
-1480
1520
1560
1.4.96 and so
As the promotion was forgone by
him prior to the publication of ACP
Rules, 1998, further on 31.12.1995 he
was drawing his pay in the 1st Higher
Standard Pay Scale, therefore, his pay
will directly be fixed in the 1st ACP
Scale admissible to him under the
rules.
391
Sr.
No.
Issues raised
Clarification
entry of Clerk, and his pay will be fixed
at the stage of 4000 in the ACP scale of
4000-6000 with the date of next
increment on 01.05.1998.
years service?
3.
How and in which
scale, the pay of an
employee will be
fixed when one
foregoes
his
promotion prior to
the admissibility of
1st/2nd
ACP
Scale ?
Illustration
It is clarified in the Explanatory
memorandum to ACP Rule 11
that the benefit under these
rules is not granted as a matter
of right, rather it is granted as a
consequence of non-availability
of posts in the hierarchy to be
promoted against. As such, if
someone gets an opportunity of
promotion in the hierarchy but
he refuses to avail the same, in
such type of cases, no ACP
scale is to be granted, and he
will continue to draw his pay in
the functional pay scale of the
post.
“Z” was appointed as Sub-Inspector,
Food & Supplies Department on 8.7.89.
His turn for promotion to the post of
Inspector came on 10.05.1998. He
chooses to forego the promotion. As a
result, he will not be entitled to any
ACP scale on completion of 10/20
years regular satisfactory service and
he will continue to draw his pay in the
functional pay scale prescribed for the
post of Sub-Inspector.
3.
You are requested to please bring these clarifications to the notice of the officials
working in your organization.
Yours faithfully,
Endst. No. 2/21/2001-4PR(FD)
2.
(i)
(ii)
All the Commissioner & Principal Secretaries in Haryana and
392
To
1.
2.
All the Financial Commissioner & Principal Secretaries to Govt. Haryana.
U.O. No. 2/21/2001-4PR(FD)
Private Secretaries to Chief Minister/Ministers/Ministers of the State and Chief Parliamentary
Secretary for the information of the Chief Minister/Ministers/Ministers of State and Chief
To
Private Secretaries to Chief Minister/Ministers/Ministers of the
U.O. No. 2/21/2001-4PR(FD)
***************
393
MOST IMPORTANT
Subject : Instructions regarding submission of replies of various pending paras of
CAG/PAC/COPU Reports and Draft Paras.
Will the Financial Commissioners and Principal Secretaries/Administrative
Secretaries to Government, Haryana, kindly refer to the subject noted above ?
2.
The delay occurring in submission of replies of various paras of CAG/PAC/COPU
Reports and Draft Paras is attracting the attention of the Government for quite some time.
Despite issue of clear instructions on the subject by the Finance Department, from time and
again, vide following letters, the requisite remedial/corrective measures are not being adopted
by various departments :(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
U.O. No. 669-3B&C-77/6546 dated 10th March, 1977.
U.O. No. 15/37/82-3B&C dated 7.4.1983.
U.O. No. 22/1/85-3B&C dated 27.9.1985.
U.O. No. 22/1/90-2B&C dated 17.1.1992.
U.O. No. 18/2/92-3B&C dated 27.10.1995.
U.O. No. 18/2/92-3B&C dated 23.10.98.
U.O. No. 21/1/97-3B&C dated 21.6.2000.
U.O. No. 21/2/97-3B&C dated 12.10.2000.
U.O. No. 15/1/2001-3B&C dated 16.2.2001.
U.O. No. 18/1/2001-3B&C dated 23.5.2001.
D.O. No. 18/3/98-3B&C dated 5.7.2001.
U.O. No. 15/48/99-3B&C dated 30.7.2001
D.O. No. 15/1/2001-3B&C dated 14.2.2002.
U.O. No. 18/3/98-3B&C dated 28.3.2002.
U.O. No. 15/6/2002-3B&C dated 28.3.2002
D.O. No. 21/1/2002-3B&C dated 23.7.2002
U.O. No. 15/9/99-3B&C dated 31.7.2002.
D.O. No. 21/1/2002-3B&C dated 26.8.2002.
D.O. No. 21/1/2002-3B&C dated 27.8.2002.
U.O. No. 15/5/2001-3B&C dated 25.9.2002.
3.
Non-compliance of these instructions is only helping to further pile up of the arrears
of the recommendations/paras of PAC/COPU/CAG Reports. It also hampers the work of
PAC/COPU and also causes unnecessary embarrassment to the Government. As such the
following points are reiterated for strict compliance :(a)
To ensure furnishing of Action Taken Notes on the Paras of CAG Reports/
PAC & COPU Reports/recommendations and replies in respect of matters
relating to Audit within the prescribed time limit, an Officer of the rank of
Under Secretary or above was to be appointed Nodal Officer by each
department as per FD.'s letter No. 18/2/92-3B&C dated 27.10.1995. If Nodal
Officer has not yet been appointed, the same may now be appointed and the
information in respect of their names, posts/designation, telephone numbers
etc. be intimated to Haryana Vidhan Sabha, Accountant General (Audit) and
Finance Department. In case of transfer of Nodal Officer, his charge be got
handed over and the information thereof be also conveyed to the concerned
394
authorities. The Nodal Officers will be held responsible to get the replies sent
within prescribed time limit in respect of all Audit matters and in their default
action would be initiated against them.
(b)
To ensure compliance of recommendations of PAC/COPU, replies to paras
included in the reports of CAG of India and other matters relating to Audit
within prescribed time limit, constant monitoring be done and proper record
be kept by maintaining registers at the level of Administrative Departments as
well as Heads of Departments and subordinate offices.
(c)
Regular meetings of Monitoring Committees constituted vide Finance
Department letter No. 18/2/92-3B&C dated 23.10.1998 should be held on
monthly basis and progress made regarding pending paras of CAG/
PAC/COPU. Reports be invariably sent to the Secretary, Haryana Vidhan
Sabha, Accountant General (Audit), Haryana and Finance Department.
(d)
Action should be initiated right from the day of evidence as per assurance
given to fie PAC/COPU by concerned Administrative Secretaries at the time
of their Oral Examination and the required action should not be kept pending
for want of PAC/COPU Report.
(e)
As soon as the cases/irregularities come into the. notice of the
Departments/Government through Inspection Reports/draft paras made by
AG/CAG of India or through any other investigation, the required action
should be initiated by fixing responsibility so that defaulting officers/officials
may not get free because of their superannuation. If timely action is not
taken, stern action by fixing responsibility would be taken against the officers
responsible for delay.
(f)
It should be ensured that the Controlling Officers of all Departments are
reconciling the figures of income/receipt and expenditure with the Accountant
General within prescribed time limit as per the instructions issued vide FD's
letter No. 20/1/2001-6B&C dated 25.9.2002.
(g)
The meetings of the Audit Committees as constituted vide FD's No. 22/1/852B&C dated 27.9.85 and reiterated from time to time must be held on
quarterly basis regularly for reviewing the progress of the settlement of audit
objections/audit paras and to monitor the pace of work in this behalf.
(h)
Regular progress reports be sent to the Finance Department on quarterly
basis regarding action taken by them towards settlement of audit objections/
paras in the prescribed Proforma as per instructions issued vide FD's letter
No. 22/1/90-2B&C dated 17th January, 1992. Utmost efforts be made to
settle the audit objections/audit paras quickly.
(i)
As per D.O. letter No. PAC-24/2001/1136, dated 22nd January, 2002
received from the Chairperson of the PAC, copy sent vide Ex FCPSF's D.O.
letter No. 15/1/2001-3B&C dated 14th February, 2002 indicating pendency of
619 recommendations awaiting final implementation/settlement, the PAC has
taken a serious view of such a huge pendency relating to the period as back
as 1974. These certainly need early finalization/settlement.
(j)
Regular Quarterly Progress Reports in the prescribed proforma in respect of
the pending paras of PAC/COPU Reports be sent to the Finance Department
395
(20 copies). It should also be ensured that these quarterly progress reports
are sent from the level of the Administrative Departments.
(k)
As per instructions issued vide FD‘s letter No. 18/2/92-3B&C dated
27.10.1995, the replies to pending paras of various CAG Reports
(Civil/Revenue Receipts/Commercial) be sent to the Secretary, Haryana
Vidhan Sabha, Accountant General (Audit), Haryana and Finance
Department within a stipulated period of 3 months in the prescribed Proforma.
List of pending paras of CAG Reports for the years 1997-98 to 2000-2001 is
enclosed which reveals that the instructions have not been adhered to
meticulously by the concerned departments. It is again reiterated that the
replies of all the pending paras of CAG Reports be sent within a period of two
months positively. In case of any difficulty/delay, the Secretary, Haryana
Vidhan Sabha, Accountant General (Audit) and the Finance Department
invariably be informed indicating the detailed reasons for the lapse/delay.
(l)
Proforma for sending the replies to CAG Reports and Quarterly Progress
Reports on PAC recommendations are enclosed for correct use by all
concerned.
(m)
Replies of all the Draft Paras are required to be sent to the Accountant
General (Audit), Haryana within a stipulated period of six weeks by the
Administrative Department itself not by any subordinate office as per the
instructions contained in the Finance Department letter No. 21/2/97-3B&C
dated 21.6.2000. This point may kindly be noted for strict compliance.
(n)
Cases of misappropriation, defalcation etc. brought to the notice of the
Departments by Accountant General, Haryana, must be investigated and
decided quickly and all out efforts be made to avoid recurrence of such
financial irregularities in future.
(o)
DDO wise budget allocation must be made and conveyed to the Accountant
General, Haryana and the Treasury Officers in the month of April every year.
No expenditure be incurred without budget provision in any case. Treasury
Officers may also pay proper attention and be more vigilant towards this
aspect.
(p)
Evidence/examination by the PAC should not be got postponed in any
circumstance. The Administrative Secretaries are requested to attend the
meetings as and when desired by the PAC/COPU/Estimates Committees.
They should present themselves before these privileged Committees with full
preparation of the concerning paras/matter. Attention is also invited to Chief
Secy.'s letters Nos. 51/3/98-7SII dated 23.6.1998 and 49/1/97Pol(4P) dated
27.10.1998 for strict compliance.
(q)
Outstanding utilisation certificates, Detailed Contingent Bills of Abstract
Contingent Bills and annual accounts must be finalized and sent to
Accountant General, Haryana, within stipulated time.
(r)
The funds of Centrally Sponsored Schemes should not be diverted to other
schemes and must be utilized within stipulated period.
(s)
Clear title must be ensured before the commencement of any work/project so
that the work may not be abandoned or left incomplete after incurring some
expenditure.
396
(t)
The material being sent to the PAC/COPU/Estimates Committee should be
neat, clear and legible without any grammatical/spelling mistakes. Hindi and
English version both should be sent. The material should be sent in tune and
not on the eleventh hour.
(u)
instructions regarding excess expenditure/rushing of purchases at the end of
year/reconciliation of expenditure accounts/defective budgeting/inevitable
payments issued vide FD's U.O. No. 15/48/99-3B&C dated 30.7.2001 need to
be strictly adhered to.
4.
It is reiterated/requested that these instructions may kindly be adhered to
meticulously by all the departments. Needless to say that the timely action will always present
the good image of the Government and help in early finalization of cases.
Sd/Financial Commissioner & Principal Secy. to Govt.,
To
Administrative Secretaries to Government, Haryana.
U.O. No. 18/13/2002-3B&C
Dated, 26th November, 2002.
No. 18/13/2002-3B&C.
Dated, 26th November, 2002
A copy is forwarded to the :1.
2.
Registrar, Punjab and Haryana High Court.
No. 18/13/2002-3B&C
A copy is forwarded to the :1.
2.
The Secretary, Haryana Vidhan Sabha, Chandigarh.
The Accountant General (Audit) and (A&E), Haryana.
No. 18/13/2002-3B&C.
A copy is forwarded to all the Treasury Officers for necessary action.
397
A copy is forwarded to all the Branch Officers/Superintendents in the Finance
Department for necessary action.
To
All the Branch Officers/Superintendents in the
Finance Department.
U.O. No. 18/13/2002-3B&C
Contd…
Encl.
398
Details of Pending Paras of Various PAC Reports - Position as on 14.11.2002.
Forest
1997-98 (RR)
1.10
1997-98 (C)
3.12 & 6.1(C)
1998-99(RR)
1.8, 1.9, 5.9 & 5.10
1998-99(C)
3.3,3.17,3.18 & 6.1(C)
1999-2000(RR)
1.7, 1.8, 5.1, 5.5, 5.6, 5.7, 5.8, 5.9, & 5.10
1999-2000(C)
3.12, 3.14 & 6.1(C)
2000-2001(RR)
1.8 & 5.7
2000-2001(C)
3.17 & 3.18
Irrigation
1997-98(C)
4.6, 4.7 & 4.10
1998-99(RR)
1.8, 1.9 & 5.4
1998-99(C)
2.3.3(a) & (b), 2.3.4(a), 2.3.6, 2.3.7, 2.3.8, 2.3.9(a) & (b), 3.17, 4.3,
4.5, 4.6, 4.7 & 6.1(b)
1999-2000(RR)
1.7, 1.8, 1.10, 5.1, & 5.12
1999-2000(C)
3.12, 4.1,6.1(b) (including (CADA) & 6.1(d))
2000-2001(RR)
1.8 & 5.6
2000-2001(C)
3.17, 4.1,4.5, 4.7, 6.2(b) & 6.2(d)
Revenue
1997-98(RR)
4.1 & 4.2
1998-99(RR)
1.8, 1.9, 3.1 & 3.2
1998-99(C)
2.3.4(a), 3.13, 3.14, 3.17 & 6.1(b)
1999-2000(RR)
1.8, 1.9, 1.10 & 3.1 to 3.5
1999-2000(C)
1.8.4, 3.14 & 6.1(b)
2000-2001(RR)
1, 8, 3.1 to 3.6
2000-2001(C)
3.13, 3.14, 3.18 & 6.2(b)
Housing
1996-97(C)
3.14 & 6.8
1997-98(C)
6.1(b)
1998-99(C)
6.1(b) & 6.1(c)
1999-2000(C)
3.14,6.1(b) & 6.1(c)
B&R
1998-99(C)
2,3.4(a) & (b), 2.3.7, 2.3.8, 2.3.9(b), 3.17 & 4.7
1999-2000(RR)
1.7, 1.8, 1.9, 1.10, 5.1, 5.12 & 5.13
399
1999-2000(C)
3.12, 3.14 & 4.2
2000-2001 (C)
3.17, 4.3 & 4.4
2000-2001 (RR)
1.8
Excise and Taxation
2000-2001(RR)
1.4, 1.6, 1.8 & 2.1 to 2.8
Transport
1998-99(RR)
1.5, 1.6, 1.7 & 1.8
1999-2000(RR)
1.4, 1.7, 1.8, 1.9, 1.10, 4.1, & 4.2
2000-2001(RR)
1.8, 4.4, 4.5, 4.6 & 4.7
2000-2001(C)
3.17, 7.1 & 7.2
Urban Development (Local Govt.)
1998-99(C)
6.1(b)
1999-2000(C)
6.1(b) (Sh. B. Temple Jind) 6.1(d) & 6.3
2000-2001(C)
6.2(b), 6.2(d), 6.2(e) & 6.18
Lotteries Department
1997-98(RR)
1.9
1998-99(RR)
1.8
1999-2000(RR)
1.7, 1.8, 1.9, 1.10, 5.1, 5.2, 5.3 & 5.4
2002-2001(RR)
1.8
Cooperation Department
1998-99(RR)
1.5, 1.8, 1.9,5.5,5.6 & 5.7
1998-99(C)
2.3.6
1999-2000(RR)
1.4, 1.8, 1.9, 1.10, 5.1, 5.14 & 5.15
1999-2000(C)
3.5
2000-2001(RR)
1.8, 5.3, 5.4 & 5.5
2000-2001(C)
3.5
Home
1997-98(RR)
1.9, 1.10, 5.1 & 5.7
1998-99(C)
2.3.3(a) & (b), 2.3.7 & 3.17
1999-2000(RR)
1.4, 1,7, 1.8, 1.9, 1.10, 5.1 & 5.11
1999-2000(C)
3.9, 3.10 & 3.12
2000-2001(RR)
1.4 & 5.2
Education
1998-99(C)
2.3.4(a), 2.3.6, 2.3.8, 3.2, 3.18 & 6.2
1999-2000(C)
3.1(a) & (b), 3.13 & 3.14
400
Art & Culture
1997-98(C)
6.1(b)
1998-99(C)
6.1(b)
1999-2000(C)
6.1(b)
2000-2001(C)
6.2(b)
Agriculture
1997-98(C)
6.1(c), 6.1(d) & 6.3
1998-99(C)
6.1(C) & 6.8
1999-2000(RR)
1.4, 1.7, 1.8, 1.9, 1.10, 4.1, 4.5 & 4.6
1999-2000(C)
3.14, 6.1(C) & 6.4
2000-2001(RR)
1.4, 1.8, 4.2 & 4.3
2000-2001(C)
3.17, 6.2(b), 6.2(c), 6.2(e), 6.3, 6.4, 6.5, 6.6, 6.7 & 7.2
Animal Husbandry
1997-98(C)
2.3 & 6.1(d)
1998-99(C)
1.8.4
1999-2000(RR)
1.4 & 1.6
1999-2000(C)
3.8
2000-2001(RR)
1.4 & 1.8
2000-2001(C)
1.8.4, 3.3, 3.4, 3.18, 6.2(b) & 7.2
Industries
1999-2000(RR)
1.8
1999-2000(C)
3.12
2000-2001 (C)
6.2(b)
2000-2001(RR)
1.8
Urban Development Town & Country Planning Department
1998-99(C)
3.17
2000-2001(C)
3.16, 6.2(c), 6.12, 6.13, 6.14, 6.15 & 6.16
Food & Supplies
1999-2000(C)
7.2
1999-2000(RR)
1.8
2000-2001 (C)
7.3 & 7.4
Public Health
1997-98(RR)
1.9, 1.10, 5.1 & 5.6
1997-98(C)
3.12 & 6.1(b)
1998-99(C)
2.3.4(a) & (b), 2.3.6, 2.3.7, 2.3.8, 3.17, 4.7 & 6.1(b)
401
1999-2000(C)
3.12, 3.14, 6.1(b) & 6.1(d)
1999-2000(RR)
1.8 & 1.9
2000-2001(C)
3.17, 4.2, 4.8, 4.9, 4, 10, 4.11, 6.2(b) & 6.2(d)
2000-2001(RR)
1.8
Mines & Geology
1998-99(RR)
1.5, 1.8, 1.9 & 5.2
1998-99(C)
3.17
1999-2000(C)
1.4
1999-2000(RR)
1.8, 1.9 & 1.10
2000-2001(RR)
1.4 & 1.8
2000-2001(C)
3.17
T&A
1999-2000(C)
1.8.4 & 3.12
2000-2001(C)
1.8A
Lab. & Emp.
1999-2000(C)
3.12
2000-2001(C)
6.2(C)
Health
1998-99(C)
1.8.4
1999-2000(C)
3.8
2000-2001(C)
3.1, 3.18 & 6.2(b)
Panchayats
1997-99(C)
3.17
1999-2000(C)
3.8, 3.12 & 6.1(b)
2000-2001(C)
6.2(b)
I.T.I.
1999-2000(C)
1.8.4 & 3.8
S&T
1997-98(C)
6.1(b)
1998-99(C)
6.1(b)
1999-2000(C)
6.1(b)
2000-2001 (C)
6.2(b)
Pb. & Haryana High Court
1997-98(C)
2.3
402
CS
1999-2000(C)
6.1(d) (Rajya Sainik Centre)
2000-2001(C)
6.2(d) (Rajya Sainik Vocal Training Centre)
Social Welfare
1999-2000(C)
3.12
Environment
1998-99(RR)
1.9
1999-2000(C)
6.1 (b)
1999-2000(RR)
1.8
2000-2001(C)
6.2(b)
2000-2001(RR)
1.8
Public Relations
1999-2000(C)
1.8.4
Horticulture
1999-2000(RR)
1.8
2000-2001(C)
1.8.4
CEl/Power
2000-2001(RR)
1.4 & 1.8
Architecture
2000-2001(C)
3.2
WCD
2000-2001(C)
6.2(d) & 6.2(c)
Jails
2000-2001(C)
3.9, 3.10 & 3.11
Social Justice & Empowerment
2000-2001(C)
6.2(b) & 6.2(e)
Sports
2000-2001(C)
6.2(c)
Non. Con. Energy Sources
2000-2001(C)
6.2(b)
Power
2000-2001(C)
6.2(c)
Legal Service
2000-2001(C)
6.2(c)
Civil Aviation
2000-2001(C)
1.8.4
403
PROFORMA for CAG Reports
I.
(a)
(b)
(c)
(d)
Department
Paragraph No.
Report No. and year.
II.
(a)
(b)
Date of receipt of the Draft Paragraph/Review in the Department.
Date of Department's reply.
III.
IV.
(a)
(b)
Do the Department agree with the facts and figures included in the
Paragraph?
If not, please indicate the areas of disagreement and also attach documents
in support.
V.
(a)
(1)
(2)
(3)
(4)
(b)
VI.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Main Audit Conclusions :
Deficiency in the existing system including system of internal control.
Failure to follow the systems and procedure.
Failure of individuals.
Amount of loss/short assessment/short levy.
Do the department agree with the Audit conclusions? if not, please indicate
specific areas of disagreement, reasons for disagreement and also attach
complies of relevant documents, where necessary.
Improvement in system and procedure including internal controls.
Recovery of under assessment, short levy or other dues.
Write off of amount of losses/wasteful expenditure/irrecoverable amount.
Modifications in the scheme including financing pattern.
Review of similar cases/complete scheme/project in the light of finding of
sample check by Audit.
PROFORMA for PAC Reports
Quarterly progress report showing Action taken or proposed to be taken in the Implementation
of the Recommendations of the Public Accounts Committee for the Quarter ending.
Sr.
No.
Head of
Account
1
2
Reference to
Recommendations/
page/ Para of
observations of the
the PAC Report
PAC
3
4
Action
5
***************
Reasons
taken
forproposed
delay & to Date
be taken
when the
non-achievement of final decision is
any progress since
likely to be
the submission of the
taken.
previous progress,
report.
6
7
404
No. 4/7/99-4FR-II/2086
From
To
Sir/Madam,
I am directed to invite a reference to letter No. 4/7/99-4FR-II/808, dated 16th May,
2002, on the subject noted above and to say that the Governor of Haryana is pleased to decide
that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to
effect from 1st July, 2002 to modified as below :-
Date from
which
payable
1.7.2002
Per month
1.7.2002
2.
405
3.
4.
Services Rules, Volume II will not be eligible to receive the relief and dearness relief even after
he has ceased to be in the employment of the organisation concerned.
5.
payment of dearness relief as a uniform rate of 52% of pension family pension w.e.f. 1st July,
6.
7.
Yours faithfully,
Sd/(S.R.Maurya)
***************
406
FINANCE DEPARTMENT
No. 4/2/98-1FR-II/2031
To
Sub Divisional Officers (Civil) in Haryana, Chandigarh.
Subject :
Sir,
I am directed to invite to refer to this Department circular letter No. 4/2/98-1FRII/639, dated 16.5.2002 on the subject noted above and to say that the Governor of Haryana is
enhanced from the existing rates of 49% to 52% of the pay w.e.f. from 1st July, 2002.
in the unrevised scale after 1.1.96, the rates of DA in their case from 1st July, 2002 will be the
2.
3.
4.
Basic Pay
may be.
Interim relief-I
Interim relief-II.
The arrears on account of enhancement in Dearness Allowance from 1st July,
2002 to 30th November, 2002 in respect of all Govt. employees shall be credited to their
General Provident Fund Account. However, it will be paid in cash from 1st December, 2002 i.e.
for the month of December, 2002 paid in January, 2003.
5.
Yours faithfully,
Sd/(S.R.Maurya)
***************
407
These instructions have further been clarified vide
From
To
Sub Divisional Officers and
All District and Sessions Judges In Haryana.
Subject :
Adoption of procedure for expeditious finalization of cases of pensionary
Benefits in a time bound manner.
Sir,
I am directed to invite a reference to the instructions of the Finance Department
bearing No. 68/2/2001/FD/Pension/SAP, dated 3.9.2001 and Even No. dated 3.1.2002 on the
subject noted above and to say that it has been observed by Finance Department that despite
the fact that time schedule for expeditious disposal of pension cases, has been fixed by the
Government vide instructions referred to above but the pension/family pension cases are not
being finalized within the prescribed period, resulting in unnecessary harassment to the retirees
as well as making the Government financially burdened due to the reason that retirees go to the
Courts of Law for the release of pensionary benefits and the Hon‘ble Courts generally order in
their favour and the orders are to be complied with by the Government by making payment of
interest on delayed payment of pensionary benefits. The Hon‘ble High Court had taken a very
serious view in such matters and observed that the officers/officials of some of the departments
dealing with the pension cases do not realise that the absence of humane and compassionate
approach in such like matters not only puts a retired employee to unnecessary harassment and
pecuniary loss, but also results in the wastage of time of the Court and the public money. Their
observations have already been conveyed to you vide No. 68/2/96/FD/Pension/SAP, dated
14.10.1996.
2.
It has also been observed that most of the pension/family pension cases are
delayed in the various offices of the Head of Office/Head of Department and are submitted late
to the Pension Sanctioning Authority/Controlling Officer/Government resulting delay in
forwarding the cases to Accountant General, Haryana. To curb the delay in these cases the
Government had authorised vide Finance Department‘s Circular No. 1830-Finance Department
(pen)-77/32962, dated 31.10.77 all the Heads of Offices to forward directly the pension
cases of employees to the Accountant General, Haryana.
3.
It has further been observed that in certain pension cases delay is being caused
on account of non-settlement of departmental enquires/criminal cases pending against the
408
retirees. After the departmental enquires/criminal cases are finalized and in case the employees
are exonerated of the charges levelled against them, they claim interest on the delayed
payment of retrial benefits, resulting in unnecessary burden on the State Exchequer. For such
like cases, provision exists under Rule 9.15 of CSR Vol.-II for authorization of provisional
pension to the retiree. If the person who had been authorized provisional pension, is acquitted
by the Court or exonerated by the department in departmental enquiry, interest if any is payable
on the undistributed portion of pension and not on whole of the amount. It may be ensured that
the provisional pension should be authorized on merits depending upon the gravity of offence
and it should not be sanctioned to the delinquent employee who is likely to be dismissed from
the Government service. It is reiterated again that pension cases should be properly scrutinized
and time schedule fixed by the Finance Department should be strictly adhered to.
4.
These instructions may please be noted and got noted from the officers/officials
working under your control for strict compliance in future.
Yours faithfully,
A copy is forwarded to the Accountant General (A&E) Haryana Chandigarh for
2.
All the Financial Commissioner in Haryana; and
All the Commissioners & Secretaries to Govt., Haryana.
To
1.
2.
All the Financial Commissioner in Haryana; and
***************
409
These instructions have been Revised vide HGPF
Rules, 2006.
No. 4/4(5)/2002-2FR-I
From
To
All the Heads of Department,
SDOs (Civil) in Haryana,
Subject : Delegation of financial powers to accord sanction for the withdrawal or
advances from the GPF.
Sir,
I am directed to invite your attention to the subject noted above and to say that as
per delegations contained in Annexure ‗B' appended to the Chapter 13 of the Punjab Civil
Services Rules, Volume-II and Finance Department's instructions bearing No. 4/3(3)/79-2FR(I)
dated 11-3-1980 and No. 4/3(5)/80-2FR-I, dated 23-7-1980, all the Administrative Departments
are competent to sanction advances/ withdrawals from GPF subject to the conditions as laid
down in rules 13.14 and 13.29 of Punjab Civil Services Rules, Volume-II. The provisions
contained in Note-2 to Annexure ‗B' appended to Chapter 13 of Punjab C.S.R. Volume-II are as
under :"Note-2: The Administrative Departments and Heads of Departments may re-delegate the
powers delegated to them in the above table, on their responsibility and subject to such
restrictions as they may like to impose, to any officer under them at their headquarter offices.
They may also delegate their powers on the same lines to any subordinate authority in respect
of grant of temporary advances from General Provident Fund Accounts. Copies of such orders
should invariably be endorsed to Finance Department and Accountant General, Haryana".
2.
The matter to enhance the powers of Heads of Departments and Heads of Offices
has been under consideration of the Government for some time in the past. To cut short the
delay in according sanction of advances/ withdrawals from the GPF to the subscribers the
Governor of Haryana is pleased to re-delegate powers vested in all the Administrative
Departments as per delegations contained in Annexure IV to all the Heads of Departments to
grant advances/withdrawals from the GPF to the subscribers subject to the conditions as laid
down in the rules mentioned. above. They are also empowered to re-delegate powers vested in
them to their subordinate authorities on their responsibility and subject to such restrictions as
they may like to impose.
3.
You are requested to bring these instructions to the notice of all concerned under
your control.
410
Yours faithfully,
Endst. No. 4/4(5)/2002-2FR-I
Dated 18-12-2002.
Accountant General (A&E), Haryana, Chandigarh with 10 spare copies.
2.
All Treasury Officers/Assistant Treasury officers in Haryana.
3.
The Treasury Officer, Tees Hazari Court, Delhi-6.
4.
The Director, Treasuries and Accountant, Haryana, Chandigarh with 30
spare copies.
2.
All Financial Commissioners to Government, Haryana.
All Administrative Secretaries to Government, Haryana for information
(i)
(ii)
All Financial Commissioners to Government, Haryana.
All Administrative Secretaries to Government, Haryana.
To
U.O. No. 4/4(5)/2002-2FR-I
Dated 18-12-2002.
Additional Principal Secretary/Deputy Principal Secretary/OSD/Senior Secretaries/Secretaries/
Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary
for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary.
To
Secretary/Deputy Principal Secretary/OSD/Senior Secretaries/Secretaries/
Private Secretaries to the Chief Minster/Ministers/State Ministers/
U.O. No. 4/4(5)/2002-2FR-I
Dated 18-12-2002.
**************
411
No. 2/2/04-WM(3), Dated 25.06.2004.
No. 6/40/2000-4WM
From
To
All district & Sessions Judges in Haryana.
Subject : Grant of Advance for the purchase of Personal Computer to Government
employees – Admissibility Condition/Limit of Advance and Instalments of
Recovery.
Sir,
I am directed to address you on the subject noted above and to say that in partial
modification of Haryana Government letter No. 16/40/2000-4WM, dated 19th September, 2002,
the State Government has now decided to further revise the admissibility conditions and the
limit of the personal computer advance to Haryana Government employees as under :Admissibility - condition
Limit of advance and instalments of
recovery
Government employees drawing Rs. 40,000/- or the actual price of the
pay of Rs. 6,500/- p.m. and above computer, whichever is less, recoverable in not
(including SP & NPA).
more than 100 equal monthly instalments.
2.
All other conditions shall continue to be applicable as heretofore.
3.
The decision contained in this circular letter shall take effect from the date of its
issue. The revised limit of the advance shall be admissible to those employees also whose
applications for this advance may be pending for sanction on the date of issue of this circular
letter. But the cases already decided/sanctioned shall not be re-opened.
Yours faithfully,
Sd/(S.K.Saxena)
Special Secretary Finance
412
No. 16/40/2000-4WM
Sd/(S.K.Saxena)
No. 16/40/2000-4WM
2.
3.
4.
5.
6.
7.
Haryana.
Delhi.
Secretary, Haryana Vidhan Sabha.
Vice Chancellors of Universities and Directors of Medical Colleges in Haryana
State.
A copy each is forwarded to the Principal Secretary/Adds. Principal Secretary/
Officers or Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief
Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman,
Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy
To
The Principal Secretary/Addl. Principal Secretary/Officers on Special Duty/
Senior Secretaries/Secretaries/Private Secys. to Chief Minister/Ministers/
State Ministers/Chief Parliamentary Secy./Deputy Chairman Planning Board.
No. 16/40/2000-4WM
***************
413
From
To
Memo No. 18/6/2001-3B&C
Dated 24th December, 2002
Subject : Excess and Surrender.
Reference subject noted above.
2.
During the course of the Oral Examination of the FCF on 3rd December, 2002
regarding Excess Expenditure incurred over sanctioned grant/appropriation by various
departments during the years 1999-2000 and 2000-2001, it was pointed out by the Chairperson
of the Public Accounts Committee that some departments are incurring excess expenditure over
Voted Grants/Appropriations on one side and on the other hand they surrender huge amount
within the same grant which seems unrealistic and is unwarranted. It seems that either the
departments are not observing the correct procedure or are unaware of Financial Rules which
has caused unnecessary embarrassment to the Finance Department. This point needs to be
checked thoroughly. It is, therefore, requested that in future utmost care should be taken to
avoid such lapses/irregularities and financial discipline be maintained properly.
A copy is forwarded to all the Financial Commissioners and Principal Secretaries/
Administrative Secretaries to Govt. Haryana for necessary action.
To
U.O. No 18/6/2001-3B&C
Dated 24.12.2002.
A copy is forwarded to all the Branch Officers/Supdts. of the Finance Department
(Expenditure. Control) for necessary action.
414
SUPPLEMENTARY ESTIMATES
DATE BOUND
No. 7/1/2002-4B&C
From
To
Heads of Departments in Haryana.
Subject : Supplementary Estimates 2002-2003 (2nd instalment).
Sir,
I am directed to address you on the above subject and to say that the
Supplementary Estimates for the year 2002-2003 (2nd instalment) are to be presented to the
State Legislature in its forthcoming session. In order to complete all the formalities connected
with the presentation of the Supplementary Estimates to Legislature, I am to request that
Schedules and Explanatory Memoranda (in triplicate both in Hindi and English languages)
containing the relevant details in respect of the items of expenditure concerning only the hard
pressed cases which are absolutely necessary and required to be provided in the
Supplementary Estimates, 2002-2003 (2nd instalment) may please be forwarded to the Finance
Department (concerned Expenditure control branch) as per the enclosed pattern latest by 15th
January, 2003.
Yours faithfully,
Sd/Deputy Secretary (B),
Copies are forwarded to all Administrative Secretaries to Govt., Haryana for
To
All the Administrative Secretaries
to Govt., Haryana.
U.O. No. 7/1/2002-4B&C
415
Copies are forwarded to all the Branch Officers, Superintendents of
Expenditure Control Branches of the Finance Department, with the request that it may please
be ensured that the Schedule and Memoranda are received from the departments by the due
date viz. 15.1.2003 and three copies thereof in English and Hindi languages duly checked are
supplied to the Budget and Committee Branch by the 20 Jan., 2003. Format of the Schedule is
attached herewith for guidance.
To
All the Branch Officers/Supdts. in Finance Department,
U.O. No. 7/1/2002-4B&C
Contd…
Encl.
416
SCHEDULE PROFORMA
DEMAND No. _________________________________
See page(s) ________________________ of statement of Demands for Grants and
Appropriations for the year 2002-2003.
1.
Original Grant :Revenue
Voted :
Charged :
Capital
Voted :
Charged :
2.
Supplementary Estimates of the Amount required in the year ending 31st March,
2003 to defray charges in respect of :Revenue
Voted :
Charged :
Capital
Voted :
Charged :
3.
SUB MINOR HEAD(s) under which the Supplementary Grants will be accounted
for :Major Head (Plan/Non-plan)
Sub Major Head
Minor Head
Sub Head
Detailed Head
Object Head
Revenue
Voted :
Charged :
Capital
Voted :
Charged :
4.
Total Original Estimates 2002-2003 :Revenue
Voted :
Charged :
Capital
Voted :
Charged :
417
5.
Add-sum now required :Revenue
Voted :
Charged :
Capital
Voted :
Charged :
6.
Total Estimates after adding the sum now required :Revenue
Voted :
Charged :
Capital
Voted :
Charged :
Explanatory Memorandum
***************
418
These instructions have been reiterated partly
vide No. 5/6/2009-1B&C, Dt. 08.07.2009.
No. 5/6/2002-1B&C
From
To
All Heads of Department in Haryana,
All Deputy Commissioners in Haryana and
Commissioners Rohtak, Gurgaon, Hisar and Ambala Divisions,
Registrar, Maharishi Dayanand University, Rohtak/
Kurukshetra University Kurukshetra/Haryana Agriculture
University Hisar & Guru Jambheshwar University, Hisar.
Subject : Economy measures.
Sir,
I am directed to address you on the subject cited above and to say that in
view of mounting increase in the non-plan expenditure, the State Govt. has been issuing
instructions to adopt economic measures from time to time but it has been observed by the
Govt. that these instructions are not being followed in letter and spirit. Therefore these
instructions are hereby reiterated for strict compliance as under :1.
There shall be a complete ban on the creation/upgradation of posts.
2.
There shall be a complete ban on all new recruitments from class-I to class IV
except appointment under ex-gratia scheme and categories of vacancies
which has been allowed to be filled by F.D. in relaxation of ban.
3.
The cases of filling up vacant technical posts can be considered for
exemption after obtaining the concurrence of Finance Department
4.
Vacant posts under 100% Centrally Sponsored Schemes and Externally
Aided projects for which the expenditure is not borne by the State Govt. are
also exempted from the ban with the condition that the appointment should
be made on contract basis for a specific period till the scheme is funded by
Govt. of India or External Agencies.
5.
Certain categories of personnel like Computer Operators working on
renewable contract basis and who have acquired relevant expertise in the
concerned field may be considered for exemption with the approval of
Finance Department
6.
Appointment required to be made under court orders after exhausting all
legal remedies by the concerned departments, can be considered by the
departments for exemption, after obtaining orders of the Chief Minister.
7.
The policy of filling up of the promotional vacancies to the extent of 90% of
the cadre will continue.
419
8.
The policy of filling up of the vacant posts of handicapped quota which have
not been abolished on account of being vacant for more than two years will
continue.
9.
All posts lying vacant for more than 2 years as on 31-12-2002 shall stand
abolished.
10.
The ban on the purchases of new vehicles will continue.
11.
The expenditure on POL should be reduced by 10% of the last year's actual
expenditure.
12.
There will be a cut of 10% on the office expenses and 5% on the traveling
expenses.
13.
The expenditure on lavish office furnishing and other office items should be
stopped.
14.
Before considering purchase of new store items by the departments including
Engineering Departments, the inventory maintained by them should be
carefully reviewed and purchases with regard to only those items be allowed
which are essential and cannot be met from within the available inventory.
2.
Instructions/Guidelines regarding control over electricity consumption and
expenditure thereon issued vide circular letter No. 5/1/02-1 B&C dated 22-1-01 (copy enclosed)
are also hereby reiterated.
3.
compliance.
Yours faithfully,
Sd/Special Secretary Finance (B)
No. 5/16/2002-1B&C
Dated : 2nd January, 2003
A copy is forwarded to the Accountant General, Haryana (Accounts & Audit)
Chandigarh for information and. necessary action.
A copy is forwarded to all the Financial Commissioners & all Administrative
Secretaries to Govt. of Haryana for information and necessary action.
420
To
All Financial Commissioners, Haryana &
No. 5/16/2002-1B&C
Chief Minister/Ministers/ Ministers of State for information of the Chief Minister/Ministers/
Ministers of State, Haryana.
To
No. 5/16/2002-1B&C
A copy is forwarded to all the Branch Officers/Superintendents in the Finance
Department, Haryana for strict compliance. These instructions may kindly be kept in mind while
finalizing the Budget 2003-04.
To
All the Branch Officers/Supdts. of Finance Department.
U.O. No. 5/16/2002-1B&C
Dated : 2nd January, 2003.
***************
421
No. 5/6-(II)-85-3FR-II
From
To
Subject : Deputation of Government employee on Training to various Courses in India Delegation of powers.
Sir,
I am directed to invite your attention to para-2 of Letter No. 5/6(II)85-3FR-II, dated
2nd February, 1999 vide which the Administrative Departments were allowed to sanction
Rs. 2000/- (Rupees Two thousand only) at their own level in connection with the fees of the
training/courses/ seminars etc. within India.
2.
Keeping in view the fact that work relating to this matter be disposed off
expeditiously the case for raising the limit of expenditure was under active consideration of the
State Government. And now after careful consideration of the matter, it has been decided that
henceforth the Administrative Department shall be competent to sanction expenditure up to
Rs. 5000/- (Rupees Five thousand only) in connection with the fees of the training courses
including conferences, seminars, refresher courses or departmental courses etc. which do not
exceed thirty days, within India provided funds are available in the sanctioned budget of the
department for this purpose.
3.
The other terms & conditions as contained in FD's letter No. 5/6(II)-85-3FR-II, dated
28-3-1985 will remain unchanged,
4.
These Instructions will come into force from the date of issue of this letter.
5.
The contents of these instructions may kindly be brought to the notice of all
concerned under your control for Information and necessary action.
Yours faithfully,
Sd/Under Secretary,
No. 5/6(II)-85-3FR-II
Dated 22nd January, 2003
422
A copy is forwarded to the Accountant General, Haryana (Accounts & Audit)
Chandigarh for information and. necessary action.
Sd/Under Secretary,
A copy is forwarded to all the Financial Commissioners & all Administrative
Secretaries to Govt. of Haryana for information and necessary action.
Sd/Under Secretary,
To
All Financial Commissioners, Haryana &
U.O. No. 5/6(II)-85-3FR-II
Dated 22nd January, 2003
A copy is forwarded to the Principal Secretary/Add. Principal Secretary, Deputy
Principal Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief
Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for information of the Chief
Minister/Ministers/Ministers of State/ Chief Parliamentary Secretary Haryana.
Sd/Under Secretary,
To
Principal Secretary/Add. Principal Secretary, Deputy Principal Secretary/
OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/
U.O. No. 5/6(II)-85-3FR-II
Dated 22nd January, 2003.
***************
423
From
To
Sub Divisional Officers (Civil) in Haryana States,
Dated, Chandigarh, the 23rd January, 2003
Subject : Time schedule for payment of retiral benefits to the retiring Government
employee on the date of his retirement.
Sir,
I am directed to invite a reference to the instruction of the Finance Department
bearing No. 68/2/2001/FD/Pension/SAP, dated 3.1.2002 on the subject noted above and to say
that it has been brought to the notice of the Government by the Accountant General (A&E)
Haryana that instructions regarding Stoppage of contribution towards GPF prior to six months of
the retirement of subscriber is not being followed by most of the DDOs and in some cases, the
subscribers are allowed to subscribe even upto the month of retirement. Such practice leads to
delay in settlement of subscribers claims besides creating enormous grievances in their minds
as such unauthorized contribution do not qualify for interest also.
2.
It is, therefore, requested that all the DDO(s) under your control may please be
directed to follow the above instruction and also all other instructions of the Finance Department
on the subject, so that desired objective of prompt and timely settlement of subscriber's claim
could be achieved.
3.
The above instructions may please be got noted and brought to the notice of all the
DDO(s)/officers/officials dealing with the pension cases under your control for strict compliance.
Yours faithfully,
No. 68/2/2001/FD/Pension/SAP,
A copy is forwarded to the Accountant General (A&E) Haryana, Chandigarh for
information and necessary action with reference to his letter No. Fds-1/8 AS-9/2002-03/412,
dated 24th December, 2002.
424
2.
All the Financial Commissioners & Principal Secretaries in Haryana and
All the Commissioners & Secretaries to Govt. Haryana.
To
1.
2.
All the Financial Commissioners & Principal Secretaries in Haryana and
U.O. No. 68/2/2001/FD/Pension/SAP,
Dated, Chandigarh, the 23rd Jan., 2003.
***************
425
No. 1/2/19/98-2FR-II
From
To
All Sub Divisional Officers (Civil) in Haryana States,
Dated, Chandigarh, the February, 2003
Subject :
Counting of Special pay as part of pay in respect of employees who were
appointed before 1.1.1966.
Sir,
I am directed to refer to the subject mentioned same and to state that as per
Notification No. GSR.31/Const./ Art-309/2001, dated the 7th December, 2001, the term
emoluments for the purpose of pension shall mean ―pay‖ as defined in Rule 2.44 (a) (i) of the
Punjab GSR Volume-I, Part-I but these rules are not applicable in the case of employees who
were appointed be Government service before 1st November, 1966. In order to know the
financial liability on this account you are requested to intimate the number of such employees in
your department getting special pay and personal pay in proforma enclosed with this letter.
Please treat it as urgent and send the information within two weeks positively.
Sd/Dy. Superintendent
List of employees who were appointed before 1.11.1966 getting special pay
Name of Department________________
Sr.
No.
1.
Name of
Employee with
designation
2.
Date of
appointment
Date of
Superannuation
3.
4.
***************
Pay
scale
with
S.P.
5.
Personal pay
of employee
6.
426
No. 30/3/2002/Acctt./HBPE (FD)
From
To
Chief Executive Officers of all the State Public Enterprises,
------------------------------------------------------------------------------,
------------------------------------------------------------------------------.
Subject : To follow up all the Govt./Finance Department's instructions.
Sir,
I am directed to invite your kind attention to the subject noted above and to say that it
has come to the notice of Finance Department that State Public Enterprises are not strictly
following the Govt./Finance Department's rules and regulations and in some cases these Public
Enterprises are adopting pick & choose policy as per their convenience and suitability for which
Govt. has taken a very serious view.
In this regard, you are advised to adhere to all the Govt./Finance Department's
instructions in letter & spirit and meticulously. Any lapse on the part of Public Enterprises in this
regard will be viewed seriously by the Government.
Yours faithfully,
Endst. No. 30/3/2002/Acctt./HBPE (FD)
Dated, Chandigarh, the 5th Feb., 2003
A Copy is forwarded to all the F.D.'s nominee Directors on the Boards of State Public
Enterprises with the request that they should ensure that Public Enterprises are following the
Govt./Finance Department‘s instructions in letter & spirit and meticulously.
Endst. No. 30/3/2002/Acctt./HBPE (FD)
A Copy is forwarded to all the Administrative Secretaries with the request to direct all
the State Public Enterprises under their respective control to follow the rules and regulation of
the State Government in letter & spirit and meticulously.
****************
427
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 10th February, 2003
hereby makes the following rules further to amend the Punjab Financial Rules, Volume I, in its
These rules may be called the Punjab Financial Volume-I, (Haryana First
2.
in the Punjab Financial Rules, Volume-I, in rule 19.6, under columns 1, 2, 3 and 4
against serial number 1, under columns 3 and 4 after entries ―All Departments of
Government‖ and ―Full powers‖, the entries ―Chief Justice of Punjab and Haryana
High Court‖ and ―Upto Rs. 1,00,000/- for any one item‖ shall respectively be
inserted.
CHANDER SINGH
No. 2/7/2001-3FR-II,
A copy for information is forwarded to :All Heads of Departments, Commissioners of Divisions in Haryana.
All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana.
No. 2/7/2001-3FR-II,
information with reference to their letter No. CCS/CSR/PFR/2002-03/866-67 dated 5.2.2003 and
TM (T)/Amendment/2002-2003/1326 dated 5.2.2003
No. 2/7/2001-3FR-II,
428
To
No. 2/7/2001-3FR-II,
Dated, Chandigarh, the 10th Feb., 2003.
***************
429
(TO BE SUBSTITUTED BEARING THE SAME NUMBER AND DATE)
From
To
Subject : Disbursement of Pay and Allowances/Pension for the month of February, 2003.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 1st and
2nd March, 2003 on account of Saturday and Sunday respectively, the Governor of Haryana is
pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial
Rules Vol. I, the pay and allowances for the months of the February, 2003 for all Gazetted/Non
Gazetted Haryana Govt. employees and pension for the month of February, 2003 for Haryana
Government Treasuries November be drawn and disbursed on the 28th February, 2003.
Yours faithfully,
No. 2/1(2)90-3FR-II
Dated, Chandigarh, the 20th February, 2003.
No. 2/1(2)90-3FR-II
430
To
U.O. No. 2/1(2)90-3FR-II
To
U.O. No. 2/1(2)90-3FR-II
***************
431
From
To
Dated: March, 2003
Subject :
Adoption of procedure for expeditious finalization of cases of pensionary
Sir,
I am directed to refer to the subject cited above and to state that it has been
observed by the Accountant General, Haryana that in some cases of pension, signatures and
office seal of the Head of Departments/Pension Sanctioning Authorities are not legible and has
incomplete impression of seal, which makes them difficult for verifying the facts of the pension
cases.
2.
In view of this it is requested that it may be ensured that pension cases be
forwarded to Accountant General, Haryana with full signatures and complete office seal on all
pension cases, indicating thereon name, designation and phone numbers of the Pension
Sanctioning Authorities, so that in case of urgency and expeditious settlement of pension cases
immediate contacts could be established with concerned Pension Sanctioning Authority.
3.
These instructions may please be got-noted from the officers/officials concerned
for strict compliance in future.
Sd/Under Secretary, Finance (Pension)
***************
432
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATIONS)
Notification
The 4th March, 2003
No. 1/2/8/98-2FR-II.— Whereas, the Government of Haryana has broadly followed the Central
Government pattern in matters of pay scales for its employees w.e.f. 1st January, 1986. In so
far as the pensionary matters are concerned, the State Government has adopted and
implemented the Central pattern in all respects and pensions of the State Government
pensioners have been revised accordingly with effect from 1st January, 1996;
2.
And whereas on the same principle, the Government of Haryana issued notifications
dated the 9th March 1998, 13th January 2000 and 18th January, 2000 respectively regulating
the revision of pensionary benefits for its employees. As per para 10 of the Notification
No. 1/2(8) 98-2FR-II (Para II), dated the 9th March, 1998, the provision for commutation of
pension has also been increased from 1/3rd to 40% in respect of employees retiring on or after
1st January, 1996, on the same pattern as allowed by the Central Govt. for the Central Govt.
employees/pensioners. Prior to 1st January, 1996, the retiring employees were entitled to
commute for a fraction of pension not exceeding one third of pension as per rule 11.1(i) of
Punjab Civil Services Rules, Volume-II.
3.
Sub-rules (1), (2) and (3) of rule 5 of CCS (Commutation of Pension) Rules, 1981 (as
applicable to the Central Government employees), is analogous to the provisions contained in
sub rules (1), (2) and (3) of rule 11.1 of Punjab Civil Services Rules, Volume-II (as applicable to
the Haryana). The Central Government has amended the provisions of above said sub-rule (1)
of rule 5 of the rules ibid vide its notification Government of India Department of Pension and
P. Office Memorandum No. F.45/86/97/P&PW(A)-Part-I, dated the 27th October, 1997, and
raised the limit of 1/3rd of commutation to 40% with effect from 1st January, 1996.
4.
Further, the Hon‘ble Supreme Court of India, vide its judgment dated 9th December,
1986 in writ petition No. 3958-61 of 1983, held that all Central Govt. pensioners governed by
Central Civil Services (Commutation of Pension) Rules, 1981, and corresponding rules for
Armed Forces personnel and officers, All India Services Officers and Railway Pensioners and
who have commuted the admissible portion of their pension are entitled to have the commuted
portion restored on the expiry of fifteen years from the date of retirement.
5.
The Central Govt. on the basis of above said judgment, have decided that only such
Central Govt. pensioners who have commuted a portion of their pension on 1st April, 1985 or
thereafter and have completed or will complete 15 years from their respective date of retirement
will have their commuted portion of pension restored.
6.
The commuted portion of pension is restored after a period of 12 years in the State of
Haryana as per the provisions of rules contained in the Civil Services Rule, Vol. II (as applicable
to the State of Haryana) whereas it is 15 years in the case of Central Government employees/
pensioners. Since the commuted portion of pension has been enhanced to bring the same at
par with the Central Government, it has been found necessary to bring the restoration period at
par with that of Central Government employees i.e. restoration of commutation portion of
pension after 15 years from the date of Superannuation/retirement or 15 years from the actual
receipt of commuted value, whichever is later.
Now, therefore, in exercise of the powers conferred by the proviso to Article 309 of the
hereby makes the following rules further to emend the Punjab Civil Services Rules, Volume II as
433
applicable to the State of Haryana, namely :1.
2.
(1)
These rules may be called the Punjab Civil Services Rules, Volume-II
(Haryana First Amendment) Rules, 2003.
(2)
They shall come into force with effect from 1st January, 1996, for the
Government employees retiring on or after 1st January, 1996.
In the Punjab Civil Services Rules Volume-II in rule 11.1
(1)
for the sub-rule (1) the following sub-rule shall be substituted, namely :(i) A Government employee, on retirement, shall be entitled to commute
for a lump-sum payment a fraction not exceeding 40% (forty percent)
of his pension. The fraction of Pension so commuted on
superannuation shall, however, be restored to him on completion of
15 years from the date of retirement or 15 years from actual receipt of
commutation value, whichever is later. In cases of premature
retirement or compulsory retirement, wherever commutation is
permissible, the commuted portion of pension shall be restored after
surrender of full value of commutation together with a notional simple
interest to be calculated @ 8.1% per annum following the reducing
balance method‖.
(ii) In sub-rule (2) in the fifth line for the words and Sign ―one third of
pension‖ the figure sign bracket and words, 40% (Forty percent) of the
pension shall be substituted.
CHANDER SINGH
Endst. No. 1/2/8/98-2FR-II
A copy for information is forwarded to :1. All Heads of Department, Commissioners of Divisions in Haryana.
2. The Registrar, Punjab and Haryana High Court, Chandigarh.
3. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.
***************
434
(10th March, 2003)
‖
‖
‖
‖
‖
435
‖
‖
‖
‖
‖
‖
‖
436
PERFORMA
I.
II.
(a)
Department
(b)
(c)
Paragraph No.
(d)
Report No. and Year
(a)
Date of receipt of the Draft Paragraph/Review in the
Department
(b)
Date of Department‘s reply
III.
IV.
V.
VI.
(a)
Do the Department agree with the facts and figures
included in the Paragraph?
(b)
If not, please indicate the areas of disagreement
and also attach documents in support.
(a)
Main Audit conclusions :
(1) Deficiency in the existing system including
system of internal control.
(2) Failure to follow the systems and procedure.
(3) Failure of individuals.
(4) Amount of loss/short assessment/short levy.
(b)
Do the department agree with the Audit
conclusions? If not/please indicate specific areas of
disagreement, reasons for disagreement and also
attach copies of relevant documents, where
necessary.
(i)
Improvement in system and procedure including
internal controls.
(ii)
(iii)
Recovery of under assessment, short levy or other
dues.
(iv)
Writer off of amount of losses/wasteful
expenditure/irrecoverable amount.
(v)
Modifications in the scheme including financing
pattern.
(vi)
Review of similar cases/complete scheme/project in
the light of finding of sample check by Audit.
***************
437
IMPORTANT
Subject : Economy in expenditure/restructuring/right-sizing of the various departments.
Will all the Officers/Superintendents of the expenditure control branches of the
Finance Department kindly refer to the subject noted above?
2.
As they are aware, the State Government has imposed a ban on the filling
up of vacant posts, creation/upgradation of the posts and has ordered for the abolition of posts
which remained vacant for more than two years on different dates. In this direction the
Government has also constituted a committee of officers under the chairmanship of FCF and
SSF(SKS) to examine the restructuring/right sizing of the various departments. Now
restructuring/fright sizing proposals have been finalized by the said committee pertaining to
some Departments and the concurrence of the Finance Department is required on such
recommendations of the committee. In this connection the Administrative Departments will
move their proposals for the filling/creation of vacant/new posts through the Minister-in-charge
to the Finance Department and Finance Department will immediately put up the case to the
FCF/FM/CM for concurrence. No instructions with regard to the economy measures issued from
time to time shall be applicable on the proposals based on restructuring/right sizing of the
departments.
All the Officers/Superintendents of the Finance Department are requested
to ascertain FD's concurrence in such cases without any delay.
Sd/Deputy Secy. Finance (Budget)
To
All the Officers/Superintendents of the
Finance Department.
U.O. No. 5/16/2000-1B&C
Dated : 7th April, 2003.
***************
438
No. 46/1/2003-WM(6)
From
To
Sir,
interest free advance of Rs. 4000/- (Rs. Four thousand only) to all Class-IV Govt., employees in
the State who wish to buy wheat for their own consumption during the year 2003-2004. The
advance will be recoverable in monthly instalments to be fixed by the Departments concerned
so as to effect its full recovery before the close of the financial year 2003-2004 i.e. full loan
should be recovered before 31.3.2004.
2.
3.
utilized the loan for the purchase of wheat, within one month of the drawal of
the advance.
(ii)
(iii)
(iv)
(v)
(vi)
employees.
439
(vii)
4.
5.
positively in the enclosed Performa.
6.
etc-800- other Advances-(99) Advances for purchase of Food grains 50-advances (non-plan).
Govt. Servants etc. 800- other Advances-(99)Advance for Purchase of Foodgrains-50Advances(Receipt).
Yours faithfully,
Sd/(S.R.Maurya)
for Financial Commissioner & Principal Secretary to Govt.,
No. 46/1/2003-WM(6)
2.
The expenditure will be debited against grant No. 25 under Major Head, "7610-Loans
to Govt. Servants etc-800- other Advances-(99)-Advances for purchase of Food grains-50
Advances (Non Plan).
3.
Officers.
Sd/(S.R.Maurya)
No. 46/1/2003-WM(6)
Sd/(S.R.Maurya)
440
Copies are forwarded to :The Financial Commissioner & Principal Secretaries to Govt., Haryana,
Revenue, Department.
All the Financial Commissioner & Principal Secretaries/Administration
Secretaries to Govt. Haryana;
Sd/(S.R.Maurya)
Under Secretary Finance(B),
To
The Financial Commissioner & Principal Secretaries to Govt.,
Haryana, Revenue, Department.
All the Financial Commissioner & Principal Secretaries/
Administration Secretaries to Govt., Haryana.
.
No. 46/1/2003-WM(6)
A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Deputy
to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman,
Sd/(S.R.Maurya)
Under Secretary Finance(B),
To
The Principal Secretary/Add. Principal Secretary/Deputy Principal
Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/
Private Secretaries to the Chief Minister/Ministers/State Ministers/
Chief Parliamentary Secy./Deputy Chairman, Planning Board, Haryana.
U.O. No. 46/1/2003-WM(6)
441
PROFORMA
Name of
Department
Name of Office
Officer
employees
1
2
3
4
S.
No.
Name &
Designation
of
employees
Total
amount
of
advance
Recoveries
upto last
month
Amount of
advance
recovered in
this bill
Total
amount
recovered
upto date
Balance
Remarks
1
2
3
4
5
6
7
8
***************
442
No. 2/1(1)89-4FR, Dated 26.6.2004 & 10.12.2010.
FINANCE DEPARTMENT
No. 2/1(1)89-4FR
To
Deputy Commissioners
S.D.Os. (Civil) in Haryana,
Subject : Disbursement of salaries to the employees - Switching over from cash
disbursal to the bank account system.
Sir/Madam,
I am directed to refer to the Finance Department's instructions issued vide letter
No. 2/1(1)89-3FR-lI dated the 5th September, 2000 on the subject cited above and to say that
the matter has been considered further and in supersession of instructions mentioned above the
State Government have now decided that the salary of all the Government employees from
Group 'A' to' D' will be disbursed through Treasury Banks. However, this will be taken up in a
phased manner. In the first phase the following district/employees will be covered :(i)
The salary of Officers/Officials from Group 'A' to 'D' at district headquarters will
be disbursed through Treasury Bank namely State Bank of India in four
districts i.e. Ambala, Hisar, Rohtak and Panipat where State Bank of lndia is a
Treasury Bank and has multiple branches in these districts. In the remaining
districts the salary to only Group' A' and 'B' Officers at district headquarters will
also be disbursed through Treasury Bank at district headquarters.
(ii)
Departments concerned can also include some more categories of employees
for the disbursement of salary through Bank, if found feasible and desirable.
(iii)
The present system of disbursement of salaries to the employees in respect of
Haryana Government Offices located at Chandigarh, Panchkula and Delhi will
continue as per the Finance Department instructions contained in the letter
mentioned above.
(iv)
This arrangement will be effective from 1st June, 2003 meaning thereby that
the salary for the month of June, 2003 will be payable in month of July, 2003
as per these instructions.
(iv)
The instructions in respect of remaining categories of employees i.e. Group 'C
and 'D' employees of all districts (Except Ambala, Hisar, Rohtak, and Panipat)
will be considered later on.
443
2.
Procedure for disbursement of salary through Banks
The following procedures should be adopted for disbursement of salary through
banks :-
3.
(i)
All the concerned Officers/Officials should be directed to open their individual
saving bank accounts in the concerned treasury branch of the bank.
(ii)
To make the task of salary disbursement smooth, it will be the responsibility of
the Head of the concerned Department/Office to ensure that all the concerned
employees have opened their saving bank accounts in the allocated treasury
bank branch and convey their account numbers to their Drawing and
Disbursing Officers.
(iii)
The pay bill(s) of the staff be sent to the treasury bank well in advance and at
least three working days before the pay day every month.
(iv)
The pay bill drawn in favour of the department duly passed by the Treasury
Officer concerned should reach the salary disbursing branch of the bank at
least three working days before the pay day. In order to avoid any eventuality
of delay in the disbursement of salary on the pay day, the Treasury Officers
will personally ensure that all the salary bills submitted to them are passed well
in time and mark these bills "payable to the allocated bank branch at least
three days before the pay day but not to be disbursed before the pay day."
(v)
The Drawing and Disbursing Officer of the Government Department will not
open any current account for the purpose of disbursement of salary to its
employees but instead will submit the pay bills duly passed by the Treasury
Officer concerned to the allocated Treasury bank branch. Account Number of
each employee along with the name of the bank and its branch should be
clearly mentioned against their names. Suitable arrangements may also be
made to supply the verified list of employees and their account numbers along
with salary amounts on a floppy as well to the Treasury bank branch.
(vi)
Before crediting the salary amounts to the accounts of the employees the
Treasury Bank will properly tally the names and account numbers with the list
of saving bank accounts opened by the employees in that particular bank.
(vii)
The salary should be permitted to be withdrawn from the pay day.
Appointment of Nodal Officer and his duties
All the Additional Deputy Commissioner-cum-Joint Directors, Institutional
Finance & Credit Control, Haryana, will be the District Nodal Officers at district level. The senior
most Chief Manager of the Treasury Bank at district head-quarter will be the Nodal Officer (from
banker side) for this purpose Their duties are as under :(i)
District Nodal Officers will arrange to supply a list of Government Departments
with details of employees to the concerned Treasury Bank. Nodal Officer will
allocate different Government Departments to its branches after consulting the
Treasury Officer concerned depending upon the location of the Government
Department/Office/Branch of the bank and the volume of the work involved. He
will apprise the District Nodal Officer accordingly. However, in case of the
444
difference of opinion regarding allocation of Departments/Offices to a particular
bank branch, the decision of the District Nodal Officer will be treated as final.
(ii)
4.
The District Nodal Officer on receipt of above information from the Treasury
Bank Branch will issue necessary instructions to the concerned Government
Department/Office to direct their employees to open their Saving Bank
Accounts with that particular branch of the Treasury Bank before 10th of June,
2003 positively. The employees after opening of their accounts will submit their
account numbers to the Drawing and Disbursing Officer concerned.
Procedural Clarifications & Guidance
In case of any difficulty in the implementation of this policy necessary procedural
clarifications and guidance can be obtained from the Director, Institutional Finance and Credit
Control, Haryana, Chandigarh or the Additional Deputy Commissioner of the District concerned
who is also Joint Director, Institutional Finance and Credit Control.
Yours faithfully,
Sd/(Ram Saran)
Endst No. 2/1(1)89-4FR
Dated 17th April, 2003
A copy is forwarded for information and necessary action to the :The Accountant General (A&E and Audit) Haryana.
All Treasury Officers! Assistant Treasury Officers of Haryana State in
Haryana, Chandigarh and Delhi.
The Director, Treasuries and Accounts, Haryana with 100 spare copies
with the request to send a copy each to all the Regional/Zonal Officers of
the Treasury Banks in Haryana.
The Member Secretary, Haryana Bureau of Public
Enterprises. Chandigarh.
The Director, Institutional Finance and Credit Control, Haryana,
Chandigarh with the request to send a proposal for remaining category of
employees.
Sd/(Ram Saran)
A copy is forwarded to all the Financial Commissioners and all the Administrative
Secretaries to Government, Haryana for information and necessary action.
Sd/(Ram Saran)
445
To
All the Administrative Secretaries to the Govt., Haryana,
U.O. No. 2/1(1)89-4FR
A copy is forwarded to the Principal Secretary/Additional Principal Secretary/Deputy
Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for information of the Chief
Minister/Ministers/Ministers of State/Chief Parliamentary Secretary Haryana.
Sd/(Ram Saran)
To
The Principal Secretary/Additional Principal Secretary/
Deputy Principal Secretary/OSD/Senior Secretaries/
Secretaries to the Chief Minister/Ministers/Ministers of State/
Chief Parliamentary Secretary, Haryana.
U.O. No. 2/1(1)89-4FR,
***************
446
No. 6/83/2008-4PR(FD), Dated 10/12.06.2009.
No. 1/35/2002-1PR(FD)
From
To
Commissioner, Ambala, Hisar, Gurgaon & Rohtak Divisions,
Subject : Grant of benefit of Adhoc Service for the purpose of additional Increment(s) to
Group C & D employees on completion of 8 and 18 years regular satisfactory
service.
Sir,
I am directed to invite your attention to the Government circular of even No. dated
15th March, 2002, vide which decision of Government was communicated vide para No. 7 (i) of
that circular to the effect that adhoc service was not to be counted towards regular, service for
the grant of additional increments on completion of 8/18 years service under the scheme
introduced vide Government letter dated 7.8.92 the scheme introduced by Government for
Engineers of PWD (three wings) and Doctors vide Government instructions dated 2.6.89, read
with clarificatory instructions dated 16.5.90 and the higher standard scales under the scheme of
Higher Standard Scales for Group 'C' and 'D' employees introduced vide letter dated 8.2.94 but
effective from 1.1.94.
2.
Some of the Government departments have sought clarification on whether or
not the benefit of adhoc service, granted earlier in terms of Finance Department's circular dated
20.08.1996 was to be withdrawn from the date of issue of circular viz. from 15.03.2002 or from
the date it was granted to them.
3.
The matter has been considered at length and it has been observed that the
adhoc service was not to be counted for the purpose of grant of additional increment(s) and
given benefit has been withdrawn vide instructions dated 15.03.2002, which are based on the
judgments of Hon'ble Punjab and Haryana High Court and the Hon'ble Supreme Court of India.
The Government has now decided that the granted benefit on account of adhoc service may be
treated to have been withdrawn from the date it was earlier granted. However, no recovery of
over payment involved after the period upto 14.03.2002, the day preceding the issuance of
instructions dated 15.03.2002 is to be made. In other-words, pay of all such employees will be
re-fixed notionally from the date of grant of benefit upto 14.03.2002 and actually from
15.03.2002. Legal course of action, warranted in a case, if any, may also be followed by the
department in this regard.
4.
The above instructions may be treated as a part of the earlier instructions dated
15.03.2002. These may please be brought to the notice of all concerned for strict compliance.
***************
447
FINANCE DEPARTMENT
No. 10/15/97-1PR(FD)
From
To
Subject : Revision of pay scales.
Sir,
I am directed to refer to Haryana Government Notification No. GSR.3/Const/Art/
309/1998, dated the 7th January, 1998 and No. GSR.4/Const/Art./309/1998, dated 07.01.1998
vide which the pay scales of State Government employees were revised w.e.f. 1.1.1996 and
also to Finance Department letter No. 1/95/98-3PR(FD), dated 7.8.98 vide which the pay scales
of some categories of employees were revised/further revised w.e.f. 01.01.1996.
2.
Some departments had been requesting the Finance Department to remove the
anomalies in the pay scales of certain categories of employees. Having examined the proposals
received from the department, the Govt. in Finance Department, has observed that there exists
no anomaly in the proposal of the department but taking a stock of the recommendations of the
HPOC, it has been decided by the Government to modify/reduce the pay scales of some of the
posts w.e.f. 01.02.2003 as per details given in Annexure 'A'.
3.
The pay of the employees whose pay scales have been modified/reduced w.e.f.
01.02.2003 as detailed in Annexure ‗A' to this letter is to be fixed in accordance with the normal
rules laid down in the Punjab Civil Services Rules Vol. I, Part-I, the rules prescribed vide extra
ordinary gazette notification No. GSR.3/Const/Art/ 309/98, dated 07.01.1998 and GSR4/
Const/Art/309/98, dated 7.1.98 and the instructions issued on the subject from time to time.
Yours faithfully,
No. 10/15/97-1PR(FD)
A copy for information is forwarded to the following :The Accountant General (A&E) and Audit, Chandigarh;
448
To
All the Financial Commissioners & Principal Secy.
to Govt., Haryana.
Govt., Haryana.
U.O. No. 10/15/97-1PR(FD)
Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State and Chief
Parliamentary Secretary, for the information of Chief Minister/Ministers/Ministers of State and
To
Secretaries/Private Secretaries to Chief Minister/Ministers/
U.O. No. 10/15/97-1PR(FD)
449
ANNEXURE
(Annexure to FD letter No. 10/15/97-1PR(FD) Dated 28th April, 2003).
Sr.
No.
Name of the
department
Name of the Post
Existing pay scales
as on 01.01.1996
Modified/revised pay scales
w.e.f. 01.02.2003
1.
Hr. Civil Sectt. (i) Financial
(HBPE)
Advisor
(ii) Personnel
Advisor
10000-15200
2.
3.
Fisheries
Food &
Supplies
Director
Add. Director
4.
Health
(i) Ophthalmic
Assistant
12000-16500
14300-18300
12000-16500 HPOC 12000-16500
decided to grant the
pay scale of Rs.
13500-17250 in its
meeting
held
on
14.04.1998
Rs. 4500-7000 with the condition
5000-7850
that pay of the present incumbents
would be protected. AD is to amend
their service rules keeping in view
the provisions of rules in AIIMS. AD
is to rationalise the position of scale
of 60
categories mentioned in
service rules in the pay scale of Rs.
5000-7850.
(ii) Dy. Dir. Mass
Media
5.
Industries
6.
Rehabilitation
7.
Tourism
8.
Technical
Education (in
Engineering
College,
Murthal)
6500-10500
12000-16500
as
a
personal
measure to the present incumbents
Regularised the grant of scale of
Rs. 10000-13900 as a personal
measure to her subject to the
amendment in service rules.
Commercial Artists 5000-7850
(1)
(i) Tehsildar
6500-10500
(Sales)
5450-8000
(ii) Asstt. Registrar 6500-10500
8000-13500
As a personal measure to the
present incumbents.
(iii) Naib Tehsildar
5500-9000
6500-9900
present incumbents.
(i) Dy. Dir.
Tourism
(ii) Dy. Dir. Budget
& Plg.
Sr. Draftsman
6500-10500
7450-11500
5450-8000
5500-9000
***************
8000-13500
present incumbents.
450
No. 10/7/2003-2FICW
From
To
AIl Heads of Departments,
Commissioners, Ambala, Hisar,
Rohtak, Gurgaon Divisions,
All Deputy Commissioners and,
Sub Divisional Officers (Civil) to Haryana,
Subject :
Instructions regarding vacation of rented buildings.
Sir,
I am directed to invite your kind attention to the subject noted above.
2.
The State Government while increasing the Financial powers delegated
under rule 19.6, Sr. No. 9 of PFR Volume I, had issued detailed guidelines vide letter
No. 10/36/91-2FICW dated 1-10-91. In these instructions it was observed that various cases
have come to the notice where departments keep vacating the buildings at their own level
without sound reasons and also keep on hiring new buildings at their own level. The buildings
should not be vacated by the department in normal course except as provided in the agreement.
Wherever an agreement provides for vacation of building after specified period, the procedure
for hiring of another building shall be followed which is as under :(a)
That the space to be hired is as per norms in view of total strength of staff with a
permissible variation of 10% on either side.
(b)
That the requisite N.A.C. and R.R.C. have been obtained from the competent
authority.
(c)
That the rent has been assessed to be reasonable by the P.W.D.(B&R) Haryana
(d)
That the quotations for the building proposed to be hired have been invited
through a proper advertisement or alternatively by exploring all other avenues.
(e)
That an agreement duly signed with the landlord with the specific condition that
the rent will not be revised for a period of 5 years and revision after expiry of
such period, in any case shall not exceed 25% of the original rent.
(f)
The 2% of the cost of construction of the building as indicated by the assessing
authority shall be utilized towards annual repair/maintenance, failing which the
rent equal to such amount shall be deducted by the office and repairs got done at
its own level, if required.
3.
It has now come to the notice of State Govt. that some rented buildings
for offices/schools etc. located in old rented buildings, which have now become parts of prime
locations are being vacated by the departments at their own level without any sound reasons
and without assessing the value addition due to prime location which causes a loss to the State
Govt. The State Govt. have taken a serious view in this regard and it has now been decided that
in all such cases the above mentioned guidelines may be followed. In case the rent is very low
or situation/location is prime, the permission of Govt. should be obtained well before
the expiry of agreement period and the case may be sent to C.M. for their information.
451
4.
This may please be brought to the notice of all concerned and receipt of this
letter may be acknowledged.
Yours faithfully,
Sd/(RAM NIWAS)
No. 10/7/2003-2FICW
A copy is forwarded to the Accountant General, Haryana, (i) A&E (ii) Audit,
Chandigarh, for information.'
Sd/(SAMMAT SINGH)
Copy is forwarded to :All the Financial Commissioners In Haryana, Chandigarh.
All the Administrative Secretaries to Govt., Haryana, for information.
Sd/(SAMMAT SINGH)
To
All the Financial Commissioners in Haryana, Chandigarh.
All the Administrative Secretaries to Govt. Haryana, for information.
U.O. No. 10/7/2003-2FICW
Dated, Chandigarh, the 1 May, 2003
A copy each is forwarded to the Principal Secretary/Additional/Dy.
Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief
Minister/Ministers/State Ministers/Chief Parliamentary Secretary I Haryana.
Sd/(SAMMAT SINGH)
To
The Principal Secretary/Additional Principal Secretary/OSD/
Secretary, Haryana.
U.O. No. 10/7/2003-2FICW
Dated, Chandigarh, the 1st May, 2003.
***************
452
FINANCE DEPARTMENT
No. 4/2/98-1FR/2558
To
Subject :
Sir,
I am directed to refer to this Department circular letter No. 4/2/98-1FR-II/2031,
enhanced from the existing rates of 52% to 55% of the pay w.e.f. from 1st January, 2003.
2.
Basic Pay
2.
3.
may be.
Interim relief-I
4.
Interim relief-II.
3.
The arrears on account of enhancement in Dearness Allowance from 1st
January, 2003 to 30th April, 2003 in respect of all Govt. employees shall be credited to their
General Provident Fund Account. However, the additional instalment of D.A. payable under
these orders shall be paid in cash from 1st May, 2003 i.e. for the month of May, 2003 paid in
June, 2003.
4.
Yours faithfully,
Sd/(RAM SARAN)
***************
453
No. 8/17/98-2PR(FD)
From
To
The L.R. and Secretary to Government,
Haryana, Law Department,
All District & Sessions Judges,
Sir,
I am directed to refer to the Haryana Government letter No. 8/17/98-2PR(FD), dated
28th September, 2001 vide which a copy of Haryana Government, Finance Department
Notification No. GSR20/Const./Art.309/2001, dated 28th September, 2001 regarding revision of
pay scales of the Judicial Officers in Haryana was circulated and Finance Department‘s letter
No. 8/17/98-2PR(FD), dated 5.11.2001 vide which Government decision regarding waiving of
recovery, if any, for the Judicial Officers in Haryana was conveyed to all the Heads of the
Departments and to State that the Haryana Government in supersession of the above
notification dated 28.9.2001 & letter dated 5.11.2001 on the directions of the Hon‘ble Supreme
Court of India vide its order dated 25.11.2002 passed in CWP No. 1022/1989- All India Judges
Associations & Other vs. Union of India and Other has decided to revise the pay scales of the
Judicial Officers in Haryana keeping in view the recommendations of the First National Judicial
Commission (Shetty Commission). A copy each of the following documents relating to the
revision of pay scales of the Judicial Officers is enclosed herewith :1.
2.
3.
2.
Haryana Government Notification bearing No. GSR 11/Const./Art.309/2003
dated 7th May, 2003.
Statement of fixation of pay (Annexure - A)
Specimen of undertaking (Annexure ‗B‘ and Annexure ‗C‘)
The sequence of action to be taken in this regard will be as under :(i)
On fixation of pay in the entitled revised scales of pay applicable, pay and
applicable allowances thereon may be drawn and paid on the basis of revised
scales of pay after deduction of enhanced subscription to the General
Provident Fund with reference to the revised pay, as applicable to the
concerned Judicial Officer.
(ii)
Bills may be prepared and drawn in respect of the arrears of pay and
allowances, if any, for the period from 1st July, 1996 to 31st March, 2003 and
be deposited in the respective General Provident Fund Accounts of the
concerned Judicial Officers and arrears for the month of April, 2003 should be
paid in cash. Arrears, so worked out, should be paid to the Judicial Officers by
30th September, 2003.
With reference to the Judicial Officers, who have either retired or are due to
retire from Government service within the period from 1.196 to 31.3.2003, the
arrears should be paid in cash and shall not be deposited in the respective
General Provident Fund Accounts.
454
3.
The claims of arrears shall be drawn only after the fixation of pay in the revised scale
of pay has been pre-checked and a certification to that effect is endorsed by the concerned
Drawing & Disbursing Officer authenticating the correctness of fixation of pay and calculation of
arrears.
4.
In order to ensure correct and systematic fixation of pay in the revised scale of pay, a
proforma for the purpose (statement of fixation of pay) is enclosed. The Statement should be
prepared in triplicate and one copy thereof should be pasted in the Service Book of the Judicial
Officer concerned and another copy be made available to the concerned accounting authorities
(Chief Accounts Officers/Accounts Officers etc. in the Department/office) for post-check.
Further, while computing the authorizing the pay in the revised scales with effect from 1.1.1996,
the relevant instalment of Interim Relief paid subsequent to the 1st January, 1996 will be
adjusted. The instalments of dearness allowance paid from time to time between 1st July, 1996
and 31st March, 2003 shall also be adjusted while computing and authorizing the arrears.
5.
It is not unlikely that the arrears due to in some cases may be computed incorrectly
leading to excess payments that might have to be recovered subsequently even after this
exercise. The Drawing & Disbursing Officers, while drawing arrears, should, therefore, make it
clear to the employees under their administrative control that the payments are being made
subject to adjustment from amounts that may be due to them subsequently in the event of any
discrepancies coming to notice or detected at a later stage. For the purpose, an undertaking
(specimen enclosed as Annexure ‗B‘) may be obtained in writing from every employee at the
time of drawal of arrears/pay and allowances.
6.
The fixation of pay and calculation of arrears shall also be subject to rectification and
adjustments in those cases where a particular pre-revised scale has been granted to the
Judicial Officer on the strength of some interim orders of a Court of law after the case has been
decided finally and suitable appropriate decision has been taken by the Government on such
final decision of the Court of Law. A specimen form of undertaking to be obtained in this respect
in also enclosed as Annexure ‗C‘.
7.
In authorizing the drawal of arrears, Income Tax as due, shall be deducted and
credited to the appropriate Head of Account in accordance with the instructions on the subject
under the Income Tax Act.
Yours faithfully,
A copy is forwarded to the Accountant General, Haryana (i) A&E (ii) (Audit),
A copy is forwarded to the Home Secretary/Finance Secretary, Chandigarh
Administration, Chandigarh for information and necessary action.
455
A copy is forwarded for information & necessary action to :1.
2.
The Director, Treasuries & Accounts, Haryana,
All Treasury Officers/Asstt. Treasury Officers in Haryana.
A copy is forwarded to the Chief Secretary to Government, Haryana.
He is requested to kindly take further necessary action in the matter.
To
The Chief Secretary to Government, Haryana,
(In GS-I Branch)
U.O. No. 8/17/98-2PR(FD)
A copy for information and necessary action is forwarded to :All the Financial Commissioners in Haryana, and
All the Commissioner & Administrative Secretaries to Government, Haryana.
To
All the Financial Commissioners in Haryana, and
All the Commissioner & Administrative Secretaries to Government, Haryana.
U.O. No. 8/17/98-2PR(FD)
A copy is forwarded to the PSCM, Sr. Secretaries/Secretaries/Private Secretaries to
Ministers, Ministers of State and Chief Parliamentary Secretary for the information of Chief
Minister, Ministers, Ministers of State and Chief Parliamentary Secretary.
U.O. No. 8/17/98-2PR(FD)
456
ANNEXURE – A
Statement of fixation of pay under Hr. Civil Services (Judicial Branch) and
Haryana Superior Judicial Service Revised Pay Rules, 2003
1.
Name of the Judicial Officer.
2.
Designation of the post held on 31.12.1995.
3.
Status (Substantive/officiating)
4.
Pre-revised Scale(s) of pay applicable for the post.
5.
Existing emoluments as on 1st January, 1996.
(i) Basic Pay (including stagnation increments, if any)
(ii) Dearness Allowance applicable at AICPI average 1510 (1960 = 100)
(iii) Interim Relief (1st instalment)
(iv) Interim Relief (2nd instalment)
(v) Fitment Weightage @ 40% of Basic Pay
(vi) Total Existing Emoluments (i) to (iv)
6.
Addl. Fitment Weightage (10% of Basic Pay)
7.
Total (Sr. No. 5 (vi) & 6)
8.
Applicable Revised scale of pay corresponding to the pre-revised scale
shown at Sr. No. 4 above.
9.
Stage in the revised scale of pay at which pay is to be fixed.
10.
Revised emoluments after fixation.
11.
(i) Pay in the revised scale.
(ii) Special pay, if admissible to the post.
12.
Date of next increment and pay after grant of increment.
(a) Date of increment.
(b) Pay after increment.
13.
Any other relevant information.
Signature and Designation of Head of Office
457
ANNEXURE – B
UNDERTAKING
I hereby undertake that any excess payment that may be found to have been made
as a result of incorrect fixation of pay or any excess payment detected in the light of
discrepancies noticed subsequently will be refunded by me to the Government either by
adjustment against future payments due to me or otherwise.
Signature: _______________________
Name: __________________________
Dated:
Designation: _____________________
Place:
ANNEXURE – C
UNDERTAKING
I hereby undertake that as a result of any rectification or adjustment in the pay scale
granted to me on the strength of any interim order by any Court of Law or on the basis of any
interim order by any Court of Law, any excess amount which may be found to have been made
as a result of relevant appropriate decision taken by the Government on the final decision of the
Court of Law, will be refunded by me to the Government either by adjustment against future
payments due to me or otherwise. I further undertake to abide by such relevant appropriate
decision of the Government taken on the final decision of such Court of Law, as the case may
be.
Signature: _______________________
Name: __________________________
Dated:
Designation: _____________________
Place:
****************
458
HARYANA GOVT. GAZ. (EXTRA), MAY 7, 2003
(VYSK 17, 1925 SAKA)
HARYANA GOVERNMENT
FINANCE DEPARTMENT
NOTIFICATION
The 7th May, 2003
No. G.S.R.11/Const/Art. 309/2003.— In exercise of the powers conferred by the proviso to
Article 309 of the Constitution of India and all other powers enabling him in this behalf and in
super session of Haryana Government, Finance Department‘s notification No. GSR 20/Const./
Art.309/2001, dated the 28th September, 2001, the Governor of Haryana hereby makes the
following rules regulating the grant of revised pay to the persons appointed to the Haryana Civil
Service (Judicial Branch) and the Haryana Superior Judicial Service, namely :(1)
These rules may be called the Haryana Civil Service (Judicial Branch) and the
(2)
(3)
They shall be deemed to have come into force on the 1st day of January, 1996.
These rules are subject to the assumption that cadre classification pursuant to
the Justice Shetty Commission recommendations will be made by the
Administrative Department.
Application of Rules.—
2.
(1)
Save as otherwise provided by or under these rules, these rules shall apply to
members of Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service
whose pay is debitable to the Consolidated Fund of the State of Haryana.
(2)
These rules shall not apply to:(a) persons not in whole time employment;
(b) persons employed on contract;
(c) any other class or category of persons whom the Govt. may, by order,
specifically exclude from the operation of all or any of the provisions
contained in these rules.
Definitions.—
3.
In these rules, unless the context otherwise requires,
(a)
(b)
(c)
(d)
Explanation:-
―Assured Career Progression Scale‖ with reference to Judicial Officers in
the Haryana Civil Service (Judicial Branch) (Senior Division and Junior
Division) means the revised scale as mentioned in column ‗3‘ and ‗4‘ of Part II
of Schedule I appended to these rules.
―basic pay‖ means pay drawn in the prescribed scale of pay as on 31.12.1995
for the post held by the Judicial Officer(s) as functional scale of pay for such
post including stagnation increments but not including any other type of pay like
―special pay‖, ―personal pay‖ etc.
―CSR‖ means the Punjab Civil Services Rules as amended from time to time
and as applicable to the State of Haryana;
―existing scale‖ in relation to any post or any member of the Judicial Service
means the functional pay scale as on 31st December, 1995, prescribed for the
post held by the member of service.
In the case of a Judicial Officer who was on the 1st day of January, 1996, on
deputation in Centre/and State Government or on leave or on foreign service or
459
who would have on that day officiated on one or more lower post but for his
officiating in a higher post.
―existing scale‖ means the functional scale applicable to the post which he
would have held but for his being on deputation or on leave or on foreign
service, as the case may be, but for his officiating in a higher post, as on 31st
December, 1995;
(e)
―Functional pay scale‖ in relation to a member of the Service means the pay
scale which is prescribed for the post held by him. It does not mean any other
pay scale in which he is drawing his pay as a personal measure to him with any
other justification e.g. on higher/additional qualifications or on upgradation of
pay scale due to any other reason;
(f)
―Government‖ means the Government of Haryana in the Administrative
Department save as otherwise provided by or under these rules;
(g)
―Judicial Officer‖ means a member of the Judicial Services to whom these
rules apply under rule 2 of these rules;
(h)
―leave‖ means any sanctioned leave as defined in CSR, except ―casual leave‖.
Any absence from duty without sanction of competent authority shall not be
considered as leave;
(i)
―Memorandum explanatory‖ means the memorandum explanatory appended
to these rules, briefly explaining the nature, philosophy, justification, objectives,
applicability etc. of these rules;
(j)
―officiating post‖ means the post which is held by the Judicial Officer to which
he has not been confirmed or to which he has been appointed as a temporary
measure while still retaining his lien on a different post or on which he performs
the duties while another person holds a lien to such post. The Judicial Officer
occupying a post while still on probation is also to be considered to be holding
an officiating post. Further, if competent authority has appointed a Judicial
Officer to officiate on a vacant post on which no other Judicial Officer holds a
lien, even such appointment shall be an appointment against an officiating
post;
(k)
―pay‖ means the basic pay drawn monthly by a Judicial Officer, other than
special pay or pay granted in lieu of his personal qualifications of his length of
service, in the functional pay scale, which has been sanctioned for a post held
by him substantively or in an officiating capacity or in case where no separate
functional pay scale is sanctioned for the post held by the Judicial Officers
constituting a cadre, in the pay scale to which he is entitled by reason of his
position in a cadre;
(l)
―pay scale as a personal measure to the Judicial Officer‖ with reference to
any Judicial Officer means any scale of pay, other than the existing scale, in
which such officer is drawing his pay, including ACP I and ACP II, as the case
may be, with respect to the Judicial Officers to whom these rules apply;
(m)
(n)
―revise pay‖ means basic pay of a Judicial Officer in the revised pay scale
prescribed for the post held by the Judicial Officer;
―revised scale‖ in relation to any post or any Judicial Officer occupying such
post, means revised functional scale of pay prescribed for such post in place of
the existing functional pay scale under these rules;
(o)
―schedule‖ means the schedules appended to these rules;
460
(p)
―substantive pay‖ means pay drawn by the Judicial Officer on the post to
which he has been appointed substantively or by reason of his substantive
position in a cadre.
Revised Scale of Pay.—
4.
The revised scale of pay of the members of the service specified in column 2 of the
First Schedule appended to these rules shall be as specified against the same in column 4 of
the above said part of the schedule.
Eligibility for the Grant of ACP Scales.—
5.
(1)
Every member of Haryana Civil Services (Judicial Branch) who, after regular
satisfactory service for regular period of five years has not got any financial
upgradation in terms of grant of a pay scale higher than the functional pay
scale prescribed for the post as on 31.12.1995, on which he was recruited as a
direct recruited fresh entrant or after placement in the Senior Division, as the
case may be, shall be eligible, for placement in the first ACP scale.
(2)
Every member of the Haryana Civil Services (Judicial Branch) who, after
regular satisfactory service for minimum period of 10 years has not got more
than one financial upgradation in terms of grant a pay scale higher than the
functional pay scale prescribed for the post as on 31.12.1995, on which he was
recruited fresh entrant or after placement in the Senior Division, as the case
may be, shall be eligible for placement in the 2nd ACP scale.
Grant of Assured Career Progression Sales.—
6.
(1)
Rule 5 lays down the eligibility conditions for placement in the relevant pay
scales and does not authorise the placement automatically for placement in the
ACP scales in which the member of Haryana Civil Services (Judicial Branch) is
eligible for placement under these rules. The authority competent to grant the
promotion in the case of such officers shall pass suitable orders for grant of
ACP scales under these rules on appraisal of their work and performance
authorising the placement of such officers in the appropriate ACP scales.
Explanation:- The ―authority competent‖ for the purpose of this rule mean the authority
competent in the case of promotion for the respective categories of post.
(2)
The ACP scales so granted shall be effective from the 1st date of the
succeeding month in which it was due and not from the date from which the
orders were issued by the competent authority, if the orders so issued by the
competent authority has been issued on a date which is different from the due
date of eligibility.
Provided that the Member of the Haryana Civil Services (Judicial Branch) will
draw his pay only after the orders for granting such scale are issued by
competent authority in relevant ACP scale.
Fixation of initial Pay in the Revised Scales.—
7.
(1)
The initial pay of a Judicial Officer shall be fixed from 1st of January, 1996, as
recommended by Justice Shetty Commission in para 15.90 in the following
manner, namely :(i) an amount representing 10 percent of the basic pay (in the form of
additional fitment benefit) as on 1.1.1996, in the existing scale shall be
added to the ―existing emoluments‖ of the Judicial Officer;
(ii) after the existing emoluments have been so increased, the pay shall,
thereafter, be fixed in the revised scale at the stage equal to such
computed amount in this sub-rule and in case there is no such stage in
461
the revised scale equal to such computed amount in this sub rule, at the
stage next above the amount thus computed in the revised scale;
Provided that(a)
If the minimum of the revised scale is more than the amount so computed
under sub-rule (1) above, the pay shall be fixed at the minimum of the revised
scale;
(b)
if the amount so computed under sub-rule(1) above is more than the maximum
of the revised scale, the pay shall be fixed at the maximum of that scale;
Explanation : For the purpose of this clause ―existing emoluments‖ shall include,
(a)
the basic pay in the existing scale;
(b)
dearness allowance appropriate to the basic pay admissible at index average
1510 (1960 = 100); and
(c)
the amount of first and second instalment of interim relief admissible on the
basic pay in the existing scale;
(d)
Fixation benefit of 40% of basic pay as on 1.1.1996.
Note 1 :
Where a Judicial Officer is on leave on the 1st day of January, 1996, he shall
become entitled to pay in the revised scale of pay from the date he joins duty.
In case of a Judicial Officer under suspension, he shall continue to draw
subsistence allowance based on existing scale of pay and his pay in the
revised scale of pay will be subject to final order on the pending disciplinary
proceedings or otherwise a final order, as the case may be.
Where the existing emoluments as calculated in accordance with the principles
given above exceed the maximum of the revised pay scale in the case of any
Judicial Officer, the difference shall be allowed as personal pay to be absorbed
in future increases in pay.
Note 2 :
Note 3 :
Date of Next Increment in the Revised Scale.—
8.
(1)
The next increment of a Judicial Officer whose pay has been fixed in the
revised scale in accordance with sub-rule (1) of rule 7 shall be granted on the
date he would have drawn his increment, had he continued in the exiting scale.
(2)
If an officer draws his next increment in the revised scale under sub-rule (1)
above and thereby becomes eligible for higher pay than his senior whose next
increment falls due at a later date, then pay of such senior shall be refixed
equal to pay of the junior from the date on which the junior become entitled to
the higher pay. In case where the pay of an officer is stepped up, the next
increment shall be granted after completing requisite full qualifying service.
(3)
In the case of an officer who reaches stagnation level, shall be eligible for the
grant of biennial stagnation increment(s) subject to such increments not
exceeding 5 in a particular cadre.
Payment of Arrear.—
9.
The arrears from 1st July, 1996 till 31.3.2003, shall be deposited to the
corresponding General Provident Fund account of the Judicial Officer with the restriction that
the arrears having been deposited on this account will not be allowed to be withdrawn by the
Judicial Officer for one year from the date it is so deposited under these rules. The arrears from
1.4.2003 onward, will be paid in cash to the officer concerned.
Explanation : For the purpose of this rule ―Arrears of pay‖ in relation to a Judicial Officer
means the difference as a consequence to applicability of these rules
between :-
462
(i)
the aggregate of pay and allowances to which he is entitled on account of
the revision of his pay and allowances under these rules, for the relevant
period; and
(ii)
the aggregate of the pay and allowances already drawn by him for that
period.
Overriding effect of rules.—
10.
The provisions of CSR or any other rules made in this regard shall not, save as
otherwise provided in these rules, apply to cases where pay is regulated under these rules to
the extent the same are inconsistent with these rules.
Power to make addition or deletion etc.—
11.
Where the Government is satisfied that there is a necessity to make additions or to
delete any class or categories of posts or change the designations and scales of pay either
permanently or temporarily in the First Schedule of these rules, the Government will be
competent to add or delete or to change such conditions. The provisions of these rules will
apply on such additions or deletions or changes as the Government may direct by specific
orders or, in the absence of that, all the provisions of these rules shall apply as if the changes
were made under these rules.
Interpretation.—
12.
If any question arises relating to the interpretation of any of the provisions of these
rules, it shall be referred to the Government in the Finance Department whose decision thereon
shall be final.
Residuary Provisions.—
13.
In the event of any general or special circumstance(s) which is not covered under
these rules or above which certain inconsistency comes to the notice at a later stage, the matter
shall be referred to the Government and the Government, in consultation with the Finance
Department, will prescribe the conditions to be followed under such circumstances. Such
conditions as prescribed by the Government under this rule shall be deemed to be part of these
rules. Further, if the Government is satisfied that there is a requirement to prescribe certain
additional conditions under these rules, the Government shall prescribe such conditions and
such additional conditions as prescribed by the Govt. under this rule shall be deemed to be the
part of these rules.
463
HARYANA GOVT. GAZ. (EXTRA), MAY 7, 2003
(VYSK 17, 1925 SAKA)
First Schedule
Part I (Revised Pay Scales)
Sr.
No.
Service
Existing Scale
Revised Pay Scale
1
2
3
4
A.
Haryana Civil Service (Judicial Branch)
(i) Time Scale
Rs. 2200-4000
(ii) Senior Scale
Rs. 3000-4500
(On completion of 5 years
regular and satisfactory
service)
(iii) Selection
Grade
Rs. 4100-5300 (for 20% of
the cadre on completion of
12 years regular &
satisfactory service)
Civil Judge (Junior Division)
Entry Level
9000-250-10750-300- 13150-35014550
Civil Judge (Senior Division)
Entry Level
12850-300-13150-350-15950-40017550
B. Haryana Superior Judicial Service
(i)
District
Judge
(Entry Level)
Rs. 3200-100-3700-1254700-150-5600 (Time Scale)
16750-400-19150-450-20500
(ii)
Selection
Grade
Rs. 5900-200-6700
(Selection Grade for 20% of
the cadre of Haryana
Superior Judicial Service)
18750-400-19150-450-21850-50022850 (for 25% of the posts with 5
years‘ service in cadre subject to
suitability)
(iii)
Super Time
Scale
Not Existing
Super Time Scale
22850-500-24850
(for 10% of the posts in the cadre as
District Judge with minimum of
3 years service in Selection Grade)
464
Part II
[ACP Scales for members of Haryana Civil Services
(Judicial Branch only)]
Sr.
No.
Service with Entry
Scale
1st ACP Scale
2nd ACP Scale
1
2
3
4
1
Civil Judge
(Junior Division)
9000-250-10750-30013150-350-14550
10750-300-13150-35014900 (After 5 years of
regular satisfactory service)
12850-300-13150-350-15950400-17550 (After another 5
years of the grant of 1st ACP
scale)
2.
Civil Judge
(Senior Division)
12850-300-13150-35015950-400-17550
14200-350-15950-40018350 (After 5 years of
regular satisfactory service,
after placement in the senior
division)
16750-400-19150-450-20500
(after another 5 years of the
grant of 1st ACP scale)
465
Memorandum Explanatory to the Haryana Civil Services (Judicial Branch) and
Rule 1.
This Rule is self-explanatory.
Rule 2.
This rule lays down the categories of Judicial Officers to whom the rules, except for
the categories excluded under sub rule (2) of rule 2, the rules are applicable to all Judicial
Officers appointed under the rule making power of the Government of Haryana serving in
connection with the affairs of Government of Haryana and whose pay is debitable to the
Consolidated Fund of the State of Haryana. They do not apply to any other categories of
officers.
Rule 3.
Further, wherever the terms defined under this rule are mentioned in these rules or
in any other rules/instructions/orders/notifications etc. issued in connection with these rules,
definitions as prescribed under this rule are to be taken as the meaning of such terms unless
specifically a different definition is prescribed for such terms to be taken as meaning for and in
these rules or, as the case may be, in any other rules/instructions/orders/notifications etc.
Rule 4.
Scale of pay is the revised functional pay scale prescribed for the post as a
consequence of these rules. The fundamental sense is that these rules prescribe the revised
functional pay scale for the services and do not prescribe replacement scales in general. The
existing scales, as mentioned in the Schedule of this rule, have been mentioned only with the
objective of deriving as to what shall be the revised functional pay scales and for no other
purpose.
Rule 5.
It lays down the conditions which are essential to be met by an officer of the Judicial
Service to be eligible for the grant of benefit under these rules.
Rule 6.
The rule lays down the authorization of the grant of the benefit to be extended under
these rules.
Rule 7.
This rule deals with the actual fixation of pay in the revised functional pay scales on
1st January, 1996. For the purpose of these rules, the procedure under this rule, and no other
procedure under any other rule, shall be followed. A few illustrations indicating the manner in
which pay of a member of the Service(s) should be fixed under this rule, subject to the
permissible stepping up of pay under notes, in this rule are as follows:-
466
Illustration - I
‗X‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay in
the existing scale of Rs. 2200-4000 at the stage of Rs. 2350/- as on 1.5.95. His pay will be fixed
as under :Existing Scale
2200-4000
Revised Scale
9000-250-10750-300-13150-35014550
2350/-
D.A. on pay as on 1.1.96
3478/-
IR - I:
100/-
IR - II:
235/-
Fixation benefits of 40% of basic pay as on 940/1.1.1996
7103/-
235/-
Total
7338/-
Pay to be fixed
9000/-
1.5.96.
Illustration - II
‗Y‘, a member of the Haryana Civil Service (Judicial Branch) was drawing his pay in
the existing scale of Rs. 2200-4000 at the stage of Rs. 2500/- as on 1.9.95. His pay will be fixed
as under :Existing Scale
2200-4000
Revised Scale
9000-14550
2500/-
3700/-
IR - I:
100/-
IR - II:
250/-
Fixation benefits of 40% basic pay as on 1.1.1996
1000/-
7550/-
250/-
Total
7800/-
Pay to be fixed
9000/-
1.9.96.
467
Illustration - III
‗A‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay at
the stage of Rs. 3625/- in the Senior Scale of Rs. 3000-4500 as on 1.8.95. His pay as on 1.1.96
will be fixed as under :Existing Scale
3000-4500 (Senior Scale)
Revised Scale
12850-17550 (2nd ACP)
3625/-
D.A. as on 1.1.96
5180/-
IR - I:
100/-
IR - II:
363/-
Fixation benefits of 40% of Basic Pay as on 1.1.96
1450/-
10718/-
363/-
Total
11081/-
Pay to be fixed w.e.f. 1.1.1996.
12850/-
Date of next Increment
1.8.96.
Illustration – IV
‗B‘, a member of Haryana Civil Service (Judicial Branch), was drawing his pay at the
stage of Rs. 4600/- w.e.f. 1.3.1995 in the Selection Grade of Rs. 4100-5300. His pay as on
1.1.96 will be fixed as under :Existing Scale
Revised Scale
12850-17550 (Senior Division)
4600/-
D.A.
5180/-
IR - I:
100/-
IR - II:
460/-
Fixation benefits of 40% of Basic pay as on 1840/1.1.96.
12180/-
460/-
Total emoluments
12640/-
12850/-
1.3.96.
468
Illustration - V
‗C‘, a member of the Haryana Superior Judicial Service, was drawing his pay at the
stage of Rs. 3600/- in the existing scale of Rs. 3200-5600 w.e.f. 1.7.1995. His pay on 1.1.1996
will be fixed as under :Existing Scale
3200-5600
Revised Scale
16750-20500
3600/-
5180/-
IR- I:
100/-
IR- II:
360/-
Fixation benefit of 40% of Basic Pay as on 1440/1.1.1996
10680/-
360/-
Total:
11040/-
16750/- (minimum of the scale)
1.7.96
Illustration - VI
‗D‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of
Rs. 5450/- in the Time-Scale of Rs. 3200-5600 as on 1.9.95. His pay as on 1.1.96 will be fixed
as under :Existing Scale:
3200-5600 (Time scale)
Revised Scale:
16750-20500
5450/-
6050/-
IR- I:
100
IR- II:
545/-
Fixation benefit of 40% of Basic Pay as on 1.1.96
2180/-
14325/-
Add 10% of Basic Pay
545/-
Total
14870/-
Pay to be fixed:
16750/- (minimum of scale)
1.9.96
Note :
Once the pay is fixed in the revised scale under these rules as above, it is likely that
this officer might fall within the 25% cadre zone and hence entitled to be placed in
the Selection grade of Rs. 18750-22850 (subject to being found suitable). That being
so, his pay from the revised time-scale will be fixed in the newly introduced Selection
Grade under the CSR, after orders to this effect are issued by the competent
authority.
469
Illustration - VII
‗E‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of
Rs. 6100/- in the existing Selection Grade of Rs. 5900-6700 w.e.f. 1.11.95. His pay with effect
from 1.1.96 will be fixed as under :Existing Scale
Revised Scale
Basic Pay as on 1.196
6100/-
D.A. as on 1.1.96
6660/-
IR-I:
100/-
IR-II:
610/-
Fixation benefit of 40% of Basic Pay as on
1.1.1996
2440/-
15910/-
610/-
Total
16520/-
Pay to be fixed:
18750/-
1.11.96
Illustration - VIII
‗F‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of
Rs. 6500/- in the Selection Grade of Rs. 5900-6700 as on 1.9.95. His pay as on 1.196 will be
fixed as under :
Existing Scale
Revised Scale:
18750-22850
6500/-
6660/-
IR- I:
100/-
IR-II:
650/-
Fixation benefit of 40% of Basic Pay as on 1.1.96.
2600/-
Existing emoluments
16510/-
650/-
Total:
17160/-
18750/-
1.9.96
Note :
These illustrations given above are only illustrations and may or may not be actually
existing in case of any Judicial Officer.
470
This rule prescribes the fixation of pay in the revised prescribed functional pay scales
for the post (substituting the existing functional pay scales for the corresponding post) as a
consequence of the application of these rules. It is not aimed at any other objective e.g. as a
consequence of higher responsibility etc. Therefore, wherever the calculated amount, which is
to be fixed in the revised functional pay scale, finds an identical stage in the revised functional
pay scale, no further up gradation of stage as a consequence of fixation of pay alone is
admissible. However, wherever no such identical stage is found in the revised functional pay
scale, the pay shall be fixed at the stage next above with the objective to bring the Judicial
Officer in the revised functional pay scale.
The rule further provides that with the objective of bringing the Judicial Officers in the
revised pay scales, wherever the computed amount is less than the minimum of the revised
functional pay scale, the pay shall be fixed at the minimum of the revised scale. The rule further
prescribes certain additional benefits to be granted in the manner as prescribed over and above
the entitled calculated amount which is to be taken into account while fixing pay in the revised
functional pay scale to off-set the consequences of bunching and stagnation. Different systems
have been prescribed for different categories of circumstance.
Rule 8.
This rule prescribes the manner in which the next increment in the new scale should
be regulated. The provisos to this rule are intended to take care of the anomalies of senior
Judicial Officers drawing lower pay than their juniors similarly placed by the operation of
substantive part of this rule and also taking care of the Judicial Officers who have been drawing
pay at the maximum of the existing scale for more than one year as on 1.1.96. However, the
benefit of this rule will be granted in relation to both the senior and junior drawing their pay in the
functional pay scales prescribed for the post.
Rule 9.
Rule 10.
Rule 11.
Rule 12.
Rule 13.
CHANDER SINGH
****************
471
From
To
All Deputy Commissioners in Haryana,
Memo No. 28/26/2001-5B&C
.
Subject :
Audit of foreign travel expenditure.
Reference the subject noted above.
2.
A copy of Govt. of India, Ministry of External Affairs letter bearing No. Q/FD/
695/3/2000 dated 1st Dec, 2000 regarding daily allowance rates to be given for the journeys
abroad on duty in various countries is enclosed. It is requested that contents of these
instructions may kindly be strictly adhered to by all concerned.
A copy is forwarded to all the Financial Commissioner & Principal Secy. to Govt.
Haryana and all Administrative Secretaries to Govt. Haryana for information and necessary
action.
To
1.
All the Financial Commissioners & Principal Secretaries to
Govt., Haryana.
2.
U.O. No. 28/20/2001-5B&C
Dated : 9.5.2003
Endst. No. 28/20/2001-5B&C
Dated : 9.5.2003
A copy is forwarded to Accountant General (Audit) Haryana for information.
Contd…
Encl.
472
No. Q/FD/695/3/2000
GOVERNMENT OF INDIA
MINISTRY OF EXTERNAL AFFAIRS
Order
December 1, 2000
Subject :
Daily Allowance Rates.
In pursuance of Ministry of Finance Department of Expenditure‘s Office
Memorandum No. 7(4)E- Coord/2000 dated 24.9.2000 regarding guidelines on expenditure
management and in partial modification of this Ministry‘s Order No. Q/FD/695/1/90, dated
11th November, 1996 and dated 7th July, 1997 and subsequent corrigendum and addendums
issued in this regard, sanction of the President is hereby accorded to the payment of daily
allowance for journeys on duty in various countries abroad as in the Annexure. All other terms
and conditions on daily allowance for journeys on duty abroad shall remain unchanged.
2.
This order takes effect from September 24, 2000 till further orders.
3.
This issues with the concurrence of the Ministry of Finance (Dept. of Expenditure)
vide their U.O. No. 1046-EIV/2000-DC dated 20.11.2000 and Integrated Finance Division of this
Ministry vide their Dy. No. 6207 dated 01.12.2000.
Sd/(A.K. Singh)
Director of the Govt. of India.
Copy to :1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
All Indian Missions/Posts abroad.
The Director of Audit, Washington/London.
The Director of Audit, CR, New Delhi.
The Chief Controller of Accounts, MEA, New Delhi.
The Comptroller and Auditor General, New Delhi.
The Resident Audit Officer, MEA, New Delhi.
Fin.I/ Cash I/II/III/GA Sections, MEA, New Delhi.
All Ministries/Departments of Government of India. They are requested to circulate
these Orders to all subordinate offices/PSU‘s under their control.
Office of Chief Secretaries of State Govt./Union Territories. They are requested to
circulate these Orders to all subordinate offices/PSU‘s under their control.
India Entertainment Centre, New Delhi.
Indian Council of Cultural Relations, New Delhi.
50 Spares Copies.
Sd/(A.K. Singh)
Director of the Govt. of India.
473
Sr.
No.
Name of the Country
1.
Afghanistan
Daily
Allowance
(US.$)
56.25
2.
3.
4.
5.
6.
7.
Albania
Algeria
American Samoa
Angola
Anguilla
Antigua and Barbuda
56.25
56.25
45.00
56.25
56.25
56.25
8.
9.
10.
11.
12.
13.
Argentina
Armenia
Aruba
Australia
Austria
Azerbaijan
56.25
56.25
56.25
75.00
75.00
56.25
14.
15.
16.
17.
18.
19.
Bahamas, The
Bahrain
Bangladesh
Barbados
Belarus
Belgium
56.25
56.25
45.00
56.25
56.25
75.00
20.
21.
22.
23.
24.
25.
Belize
Benin
Bermuda
Bhutan
Bolivia
Bosnia and Herzegovina
45.00
45.00
56.25
45.00
56.25
56.25
26.
27.
28.
29.
30.
31.
Botswana
Brazil
British Virgin Islands
Brunei
Bulgaria
Burkina Faso
56.25
56.25
45.00
75.00
56.25
45.00
32.
33.
34.
35.
36.
37.
Burundi
Cameroon
Canada
Cape Verde
Cayman Islands
Central African Republic
45.00
45.00
75.00
45.00
45.00
45.00
38.
39.
40.
41.
42.
Chad
Chile
China
Colombia
Comoros
45.00
56.25
75.00
56.25
45.00
Sr.
No.
Name of the Country
Daily
Allowance
(US.$)
44.
45.
46.
47.
Congo, Democratic Republic of
the
Cook Islands
Costa Rica
Croatia
Cuba
48.
49.
50.
51.
52.
53.
Cyprus
Czech Republic
Denmark
Djibouti
Dominica
Dominican Republic
75.00
56.25
75.00
45.00
56.25
56.25
54.
55.
56.
57.
58.
59.
Equator
Egypt
El Salvador
Equatorial Guinea
Estonia
Ethiopia
56.25
56.25
56.25
56.25
56.25
45.00
60.
61.
62.
63.
64.
65.
Fiji
Finland
France
French Guiana
Gabon
Gambia
45.00
75.00
75.00
45.00
45.00
45.00
66.
67.
68.
69.
70.
71.
Gaza (PNA)
Georgia
Ghana
Germany
Gibraltar
Greece
56.25
56.25
45.00
75.00
75.00
75.00
72.
73.
74.
75.
76.
77.
Grenada
Guadeloupe
Guam
Guatemala
Guinea Island
Guinea
56.25
56.25
45.00
56.25
45.00
45.00
78.
79.
80.
81.
82.
83.
Guyana
Haiti
Holy See (Vatican City)
Honduras
Hong Kong
Hungary
56.25
56.25
75.00
56.25
75.00
56.25
84.
Iceland
75.00
43.
45.00
45.00
56.25
56.25
56.25
474
Sr.
No.
Name of the Country
85.
Indonesia
Daily
Allowance
(US.$)
56.25
Sr.
No.
Name of the Country
127.
Mongolia
Daily
Allowance
(US.$)
45.00
86.
87.
88.
89.
90.
91.
Iran
Iraq
Ireland
Israel
Italy
Ivory Coast
56.25
56.25
75.00
56.25
75.00
45.00
128.
129.
130.
131.
132.
133.
Montserrat
Morocco
Mozambique
Namibia
Nauru
Nepal
56.25
45.00
45.00
56.25
45.00
45.00
92.
93.
94.
95.
96.
97.
Jan Mayan
Japan
Jordan
Kampuchean (Cambodia)
Kazakhstan
Kenya
45.00
45.00
56.25
56.25
45.00
134.
135.
136.
137.
138.
139.
Netherlands
Netherlands Antilles
New Caledonia
New Zealand
Nicaragua
Niger
75.00
56.25
45.00
75.00
56.25
45.00
98.
99.
100.
101.
102.
103.
Kiribati
Korea, North
Korea, South
Kuwait
Kyrgyzstan
Laos
45.00
45.00
75.00
56.25
56.25
45.00
140.
141.
142.
143.
144.
145.
Nigeria
Niue
Norway
Oman
Pakistan
Panama
45.00
45.00
75.00
56.25
45.00
56.25
104.
105.
106.
107.
108.
109.
Latvia
Lebanon
Lesotho
Liberia
Libya
Liechtenstein
56.25
45.00
45.00
45.00
45.00
75.00
146.
147.
148.
149.
150.
75.00
56.25
56.25
56.25
56.25
110.
111.
112.
113.
114.
115.
Lithuania
Luxembourg
Macau
Macedonia
Madagascar
Malawi
75.00
75.00
45.00
56.25
45.00
45.00
152.
153.
154.
155.
Papua New Guinea
Paucity Islands (Trust territory)
Paraguay
Peru
Philippines
Principality of Liechtenstein
(Vaduz)
Poland
Portugal
Puerto Rico
Qatar
116.
117.
118.
119.
120.
121.
Malaysia
Maldives
Mali
Malta
Martinique
Mauritania
56.25
45.00
45.00
75.00
56.25
45.00
156.
157.
158.
159.
160.
161.
Republic of Palau
Republic of San Marino
Republic of Slovenia
Reunion
Romania
Russian Federation
56.25
75.00
75.00
45.00
75.00
56.25
122.
123.
124.
125.
126.
Mauritius
Mexico
Micronesia, Federated States of
Moldova
Monaco
45.00
56.25
75.00
56.25
45.00
162.
163.
164.
165.
166.
167.
Rwanda
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
Sao Tome and Principe
45.00
45.00
45.00
45.00
45.00
45.00
168.
Saudi Arabia
56.25
151.
75.00
56.25
75.00
56.25
56.25
475
Sr.
No.
Name of the Country
169.
Senegal
Daily
Allowance
(US.$)
45.00
170.
171.
172.
173.
174.
175.
Seychelles
Sierra Leone
Singapore
Solomon Islands
Somalia
South Africa
56.35
45.00
56.25
45.00
45.00
56.25
176.
177.
178.
179.
180.
181.
Spain
Sri Lanka
Sudan
Suriname
Swaziland
Sweden
75.00
45.00
45.00
56.25
45.00
75.00
182.
183.
184.
185.
186.
187.
Slovakia Republic
Switzerland
Syria
Tajikistan
Tanzania
Thailand
56.25
75.00
56.25
56.25
45.00
56.25
188.
189.
190.
191.
Togo
Tonga
Trinidad and Tobago
Tunisia
45.00
45.00
56.25
45.00
Sr. No.
Name of the Country
192.
193.
Turkey
Turkmenistan
Daily
Allowance
(US.$)
75.00
56.25
194.
195.
196.
197.
198.
199.
Turks and Caicos Islands
Turks and Caicos Islands
Tuvalu
Uganda
United Arab Emirates
United Kingdom
56.25
56.25
45.00
45.00
56.25
75.00
200.
201.
202.
203.
204.
205.
United States
Uruguay
US Virgin Islands
Uzbekistan
Vanuatu
Venezuela
75.00
56.25
45.00
56.25
56.25
56.25
206.
207.
208.
209.
210.
211.
Vietnam
Wallis and Futuna
Yugoslavia
Yemen
Wallis Future Islands
Zaire
45.00
45.00
56.25
45.00
45.00
45.00
212.
213.
Zamora
Zimbabwe
45.00
56.25
***************
476
No. 4/7/99-6FR-II/2933
From
To
S.D.Os (Civil) in Haryana.
Sir/Madam,
11th December, 2002, on the subject noted above and to say that the Governor of Haryana is
average Consumer Price Index Level 306.33 (as on 1.1.96), at the following rates on unrevised
and revised pension/family pension with effect from 1st January, 2003 to modified as below :-
Date from
which
payable
1.1.2003
B.
Per month
subject to a minimum of Rs. 6420/-
1.1.2003
2.
477
3.
4.
Services Rules, Volume II will not be eligible to receive the relief and dearness relief even after
he has ceased to be in the employment of the organisation concerned.
5.
6.
7.
Yours faithfully,
Sd/(Ram Saran)
***************
478
No. 34/2/94-WM(3)
From
To
Subject : Rate of interest to be charged on House Building/Motor Carl Scooter/Motor
employee for the financial year 2003-2004.
Sir,
given below :1.
Cycle Advance
7%
2
8%
3.
8%
4.
Marriage Advance
8%
5.
Computer Advance
8%
2.
Further, it has also been decided that wherever loans have been/are
sanctioned/granted for the second time in respect of House Building Advance/Motor Car/Motor
cycle/Scooter/Moped/Marriage and Computer, the rate of interest shall be @ 9% in all such
cases.
3.
Yours faithfully,
Sd/(A.L. Narang),
Under Secretary Finance (B).
479
No. 34/2/94-WM(3)
Sd/(A.L. Narang),
No. 34/2/94-WM(3)
action :Secretary to Governor, Haryana.
All the Financial Commissioner & Administrative Secretaries, to
Government Haryana.
Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi.
Haryana State.
Sd/(A.L. Narang),
Deputy Principal Secretary/Officers on Special Duty Senior Secretaries/Secretaries/Private
Secys. to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/
Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State
Sd/(A.L. Narang),
To
Private Secretaries to Chief Minister/Ministers/ State Ministers/
U.O. No. 34/2/94-WM(3)
***************
480
No. 34/2/93-WM(3)
From
To
Subject : Rate of interest on deposits in the General Provident Fund and other similar
Sir,
In continuation of Haryana Government letter of even number dated 31.5.2002 on
the above subject. I am directed to say that it has been decided to fix the rate of interest at
8% per annum on deposits in the General Provident Fund w.e.f. 1st April, 2003 and also on the
accumulations as these stood on 31st March, 2003. This rate of interest will remain in force
during the financial year 2003-04.
2.
Yours faithfully,
Sd/(A. L. Narang),
Sd/(A.L. Narang),
No. 34/2/94-WM(3)
action :Secretary to Governor, Haryana.
All the Financial Commissioner & Administrative Secretaries to
481
Delhi.
Haryana State.
Sd/(A.L. Narang),
Deputy Principal Secretary/Officers on Special Duty Senior Secretaries/Secretaries/Private
Secretaries to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary
Secretary/Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/
Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana.
Sd/(A.L. Narang),
To
Private Secretaries to Chief Minister/Ministers/State Ministers/Chief
Parliamentary Secretary/Deputy Chairman Planning Board.
U.O. No. 34/2/94-WM(3)
***************
482
No. 2/1(2)/90-4FR
From
To
Subject : Disbursement of Pay and Allowances/Pension for the month of May, 2003.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 31st May and
1st June, 2003 on account of Saturday and Sunday respectively, the Governor of Haryana is
pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial
Rules Vol. I, the pay and allowances for the months of the May, 2003 for all Gazetted/
Non Gazetted Haryana Govt. employees and pension for the month of May, 2003 for Haryana
Government Treasuries November be drawn and disbursed on the 30th May, 2003.
Yours faithfully,
Sd/(RAM SARAN)
No. 2/1(2)/90-4FR
Sd/(RAM SARAN)
No. 2/1(2)/90-4FR
483
Sd/(RAM SARAN)
A copy is forwarded to :All Financial Commissioner & Principal Secretaries to Govt., Haryana and
Sd/(RAM SARAN)
To
All Financial Commissioner & Principal Secretaries to
U.O. No. 2/1(2)/90-4FR
Sd/(RAM SARAN)
To
U.O. No. 2/1(2)/90-4FR
***************
484
Subject : Regarding various purchases in the State Govt. Department.
(Copy of letter No. 5/6/2003-1B&C dt. 30th May, 2003)
Government has decided that all the purchases for which provisions are made in the State
Budget on Plan & Non Plan Accounts, should be made by the end of December each year. In
this regard all the formalities should be completed by the period. Finance Department will not
release funds to the departments for purchases of any kind during the last quarter of the
financial year.
2.
The above instructions may kindly be brought to the notice of all concerned for strict
compliance.
***************
485
No. 12/1/6/HBPE/FD/SA
From
To
Commissioners Ambala, Hisar,
Rohtak and Gurgaon Division,
The Managing Directors/Chief Executives/
Chief Administrators of All Corporations/
Companies/Boards/Co-operative Institutions etc. in the State
Dated, Chandigarh, the 2nd June, 2003
Subject : Introduction of Voluntary Retirement Scheme (VRS) for the employees of State
Public Enterprises.
Sir,
I am directed to refer to this office letter No. 12/1/6/HBPE/FD/SA2, dated 13.2.2001
on the subject noted above whereby it was conveyed that Public Enterprises, who have decided
to introduce Voluntary Retirement Scheme must obtain the approval of Administrative
Department as well as of the Finance Department before implementing the scheme.
2.
The said matter has been reconsidered and it has now been decided by the
Government that there is no need for a VRS in the Boards/Corporations in the present
circumstances.
3.
Kindly acknowledge receipt of this communication.
Yours faithfully,
Sd/Management Consultant (HBPE),
A copy is forwarded to all Financial Commissioners/Commissioners & Secretaries to
To
Secretaries to Government Haryana.
U.O. No. 12/1/6/HBPE/SA
486
Endst. No. 12/1/6/HBPE/SA
A copy is forwarded to all Heads of Departments, Haryana for information and
necessary action.
CC :All officers in Finance Department.
All Branches in Finance Department.
***************
487
No. 34/1(1)91-WM(3)
From
To
All Sub Divisional Officers (Civil),
All District & Session Judges.
Subject : Rate of interest to be charged on loans from NABARD, Investment in
Transport, HVPNL, and Food & Supplies Department etc. for the year 20032004.
Sir,
under :2003-2004
2.
1.
Loan from NABARD
8.5%
2.
Loans to HVPN
3.
11.00%
4.
11.05%
10.5%
Yours faithfully,
Sd/(S.R. Maurya)
No. 34/1(1)/91-WM(3)
A copy is forwarded to the Accountant General (Accounts) Haryana Chandigarh for
Sd/(S.R. Maurya)
488
No. 34/1(1)/91-WM(3)
Haryana.
Hon‘ble Speaker, Haryana Vidhan Sabha,
Sd/(S.R. Maurya)
A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary I&II/
Officer on Special Duty/Senior Secretary/Secretary/Private Secretaries to the Chief Minister/
Minister/Ministers/State Ministers/Chief Secretary/Deputy Chairman Planning Board, Haryana,
for information.
Sd/(S.R. Maurya)
To
The Principal Secretary/Deputy Principal Secretary I&II/
Officer on Special Duty/Senior Secretary/Secretary/
Private Secretaries to the Chief Minister/Minister/Ministers/
State Ministers/Chief Secretary/Deputy Chairman Planning
Board, Haryana.
No. 34/1(1)/91-WM(3)
***************
489
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 6th June, 2003
No. 2/4/2002-4FR.— In exercise of the powers conferred by clause (2) of article 283 of the
hereby makes the following rules further to amend the Punjab Financial Rules, Volume I, in their
These rules may be called Punjab Financial Volume I (Haryana Second
2.
In the Punjab Financial Rules, Volume I, in Rule 19.6, against serial number 163
under column 3 and 4 for existing entries, the following entries shall be
substituted, namely :3
4
―(i) Commissioner & Secretary to Govt., Haryana, Public
Relations Department
Up to Rs. 1000/- in each case
(ii) Director, Public Relations, Haryana
Upto Rs. 500/- in each case."
CHANDER SINGH
No. 2/4/2002-4FR
Dated, Chandigarh, the 6th June, 2003.
A copy is forwarded for information to :1.
2.
3.
All Heads of Department and Commissioners of Divisions in Haryana.
All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.
No. 2/4/2002-4FR
A copy is forwarded to Accountant General (A&E/Audit) Haryana, Chandigarh for
information with reference to their letter No. TM (T) Amendment/2002-2003/1313 dated
31.1.2003 and CCS/CSR/PFR/2002-2003/986-87 dated 24-3-03.
It is informed that after receipt of no objection from you, it was decided that Director
Public Relations be given financial powers of Rs. 500/- and Secretary Public Relations be given
powers of Rs. 1000/- only. Accordingly the change has been incorporated in rules.
490
No. 2/4/2002-4FR
A copy is forwarded to the Secretary, Council of Ministers, Haryana for information with
reference to their U.O. No. 9/140/2003/02 cabinet dated 22nd May, 2003.
No. 2/4/2002-4FR
A copy is forwarded to the Controller. Printing & Stationary Haryana for information &
necessary action.
2.
He is requested that this notification be got printed in the Haryana Government Gazette
and 500 spare printed copies be supplied to Finance Department for record.
A copy is forwarded for information & necessary action to :(i)
All the Financial Commissioner & Principal Secretaries to Govt. Haryana.
(ii)
All the Administrative Secretaries to Govt. Haryana.
U.O. No. 2/4/2002-4FR
***************
491
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
Dated: 6th June, 2003
No. 10/13/2003-2FICW.— In exercise of the powers conferred by proviso to article 309 of the
Part-I, in their application to the State of Haryana, namely :1.
These rules may be called the Punjab Civil Services Volume I, Part I (Haryana
2.
In the Punjab Civil Services Rules, Volume I, Part I in rule 5.23, for clause (e),
the following clause shall be substituted namely :―(e)
The employees who have retired/transferred but do not vacate Government
accommodation immediately shall be required to pay the following rent :-
(i) On retirement:
Upto four months at normal rent;
(ii) On transfer:
Upto two months in normal circumstances at normal rent.
Additional two months at normal rent on medical grounds of self
or members of family or on ground of education of children of the
employees subject to the approval of competent authority;
(iii) After that, till the
employee vacate
the Govt.
accommodation:
Fifty times of the normal rent shall be the charged from the
employees after prescribed time limit of four months & two
months as mentioned in sub-clauses (i) and (ii) above. In case
Government accommodation is not vacated by the Government
employee after the transfer from station ‗A‘ to ‗B‘ the employee
shall not be entitled to any house rent allowance at station ‗B‘
where he has been transferred until and unless he vacates the
Government accommodation at his previous station ‗A‘.‖
Chander Singh
No. 10/13/2003-2FICW
A copy for information is forwarded to :All Heads of Departments and Commissioner of Divisions in Haryana.
All Deputy Commissioner and Sub Divisional Officers (Civil) in Haryana.
No. 10/13/2003-2FICW
Sd/(Sammat Singh)
A copy is forwarded to the Accountant General, Haryana, (i) A&E (ii) Audit, Chandigarh,
492
for information.
Sd/(Sammat Singh)
No. 10/13/2003-2FICW
Copy is forwarded to :All the Financial Commissioners in Haryana, Chandigarh.
Sd/(Sammat Singh)
To
All the Financial Commissioners in Haryana, Chandigarh.
U.O. No. 10/13/2003-2FICW
A copy each is forwarded to the Principal Secretary/Additional/Deputy Principal
Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/
Ministers/State Ministers/Chief Parliamentary Secretary for information of Chief Minister/
Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.
Sd/(Sammat Singh)
To
The Principal Secretary/Additional/Deputy Principal Secretary/OSD/
Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/
Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.
U.O. No. 10/13/2003-2FICW
***************
493
No. 1/20/97/Asstt./HBPE
From
To
All Administrative Secretaries to Govt., Haryana,
All Managing Directors of Boards/Corporations/
Co-operative Institutions and Government
Undertakings in Haryana State.
Dated, Chandigarh, the 3rd/7th July, 2003
Subject : Pay Protection of Surplus Employees of Public Enterprises who have been
absorbed in other Public Enterprises/Government Departments.
Sir,
I am directed to refer to the subject citied above and to say that the matter regarding
pay protection of surplus employees of the Public Enterprises who have been absorbed in other
Public Enterprises was under the active consideration of the Government. After careful
consideration it has been decided that surplus employees of Public Enterprises who have been
absorbed in other Public Enterprises will not be entitled to the benefit of pay protection in
respect of past service rendered by them.
2.
It is further clarified that the instructions issued by HBPE vide letter No. 1/20/97/
Asstt/HBPE, dated 25.9.98 & Chief Secretary to Govt., Haryana vide letter No. 23/6/97-2GS-III,
dated 6.10.98 whereby the benefit of pay protection was allowed to the surplus employees of
Public Enterprises absorbed in Govt. Departments as a special case have also been withdrawn
vide Chief Secretary to Govt., Haryana letter No. 23/5/2001-2GSIII, dated 6.2.2001.
3.
This may be brought to the notice of all concerned for compliance and if any
clarification is required, the matter may be referred to Chief Secy. to Govt. Haryana (in G.S.III
Br.). The receipt of this communication may kindly be acknowledged.
Sd/Management Consultant
A copy is forwarded to Chief Secretary to Govt., Haryana, w.r.t. his U.O. No. 23/31/
2001-2GSIII, dated 2.6.2003 for information.
Sd/Management Consultant
To
The Chief Secretary to Govt., Haryana
(In GS-III Branch)
U.O. No. 1/20/97/Asstt./HBPE
Dated, Chandigarh, 3rd/7th July, 2003.
***************
494
1386
HARYANA GOVT. GAZ., JULY 22, 2003 (ASAR. 31, 1925 SAKA)
[Authorised English Translation]
HARYANA GOVERNMENT
FINANCE DEPARTMENT
NOTIFICATION
The 21st July, 2003
No. G.S.R.17/Const/Art. 309/2003.— In exercise of the powers conferred by the
proviso of article 309 of the Constitution of India and all other powers enabling him in this
behalf, the Governor of Haryana hereby makes the following rules further to amend the Haryana
Civil Services (Revised Pay) Rules, 1998, namely :1.
(1)
These rules may be called the Haryana Civil Services (Revised Pay)
Amendment Rules, 2003.
(2)
They shall be deemed to have come into force on the 1st day of
January, 1996.
2.
In the Haryana Civil Services (Revised Pay) Rules, 1998, in rule 2, in sub-rule
(2), in clause (g), the following clause shall be substituted, namely :"Persons re-employed in Government Service after retirement except ex-military
pensioners.‖
CHANDER SINGH
***************
495
No. 68/2/2002/Pen/FD/SO-3
From
To
Deputy Commissioners,
All District and Session Judges, Haryana.
Subject :
Payment of retiral benefit to the employees/pensioners of the State.
Sir,
I am directed to inform you that A.G. (A&E) Haryana has met the Chief Secretary
on 4.4.03 and handed over a D.O. Letter bearing No.Pen.CC/1690, dated 11.2.2003 pointing
out that a number a cases are pending in his office pertaining to the release of pensionary
benefits of the following two categories which need to be taken up on top priority basis :(i)
(ii)
Where D.C.R.G. have been withheld by the pension sanctioning authorities for
want of N.D.C. (No Dues Certificate) of reply to queries raised by A.G. in C&R. A
list of 115 such cases pertaining to 16 departments has been made available by
the A. G. Haryana and the same is being sent to the concerned department
through this letter.
A number of cases are still pending although judgments have already been
delivered by the Courts and time limit for appeal have also expired. A list of 125
such cases pertaining to 16 departments has made available by the A. G.
Haryana and the same is being sent to the concerned Department through this
letter. Such a long list in this category is shocking and calls for tough action
against concerned Head of Office and dealing hand.
2.
You are, therefore, requested to ensure personally that all the pending cases
pertaining to your department are cleared within a period of one month from the
receipt of this letter and, action taken report in the matter be sent to the F.D.
which will monitor the progress of the above said cases on top priority.
3.
It has been emphasized by the A. G. Haryana that incomplete pension cases are
being sent to him by certain Departments. resulting in delay in finalization of
pension cases. It may be ensured that complete pension cases are sent to A.G.
(A&E) Haryana well in time. Periodical meeting of the Drawing and Disbursing
496
Officers/Pension sanctioning authorities of your departments may also be
arranged regularly as already instructed vide F.D‘s letter No. 68/2001/FD/
Pension/SAP, dated 3.9.2001.
Yours faithfully,
No. 68/2/2002/Pen/FD/SO-3
A copy is forwarded to A.G. (A&E), Haryana, Chandigarh with reference to his
D.O.No.Pen.CC/1690 dated 11.2.03.
2.
All the Commissioners and Secretaries to Govt., Haryana.
To
1.
2.
U.O. No. 68/2/2002/FD/Pension/SO-3
497
ANNEXURE - I
LIST OF DEPARTMENTS WHERE D.C.R.G. PAYMENT CASES ARE PENDING.
Sr. No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Name of Department
Irrigation
Public Works (B&R)
Public Works (P.H.)
Home
Industry
Animal Husbandry
Forest
Panchayat
Technical Education
Co-operative
Treasury & Accounts
Town & Country Planning
Comdt. Gen. Home Guards
Chief Secretary to Govt. Haryana
Food & Supply
Zila Sanik Board
Total
No. of Pending Cases
50
20
6
15
4
4
4
3
2
1
1
1
1
1
1
1
115
List received from
A.G. Haryana is
attached
498
ANNEXURE - II
LIST OF DEPARTMENTS WHERE PENSION CASES ARE PENDING EVEN AFTER
FINALISATION OF COURT CASES.
Sr. No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Name of Department
Public Works (B&R)
Public Works (P.H.)
Home
Industry
Forest
Co-operative
Treasury & Accounts
Zila Sanik Board
Education
Public Works (IBR)
Health
Panchayat & Development
Transport
Revenue
Justice
Excise & Taxation
Total
No. of Pending Cases
14
5
1
1
7
1
3
11
33
26
7
12
5
6
1
2
125
**************
List received from
A.G. Haryana is
attached
499
These instructions have been reiterated vide
No. 6/57/2007-3PR(FD), Dated 23.06.2009.
(FINANCE DEPARTMENT)
No. 2/48/2000-5PR(FD)
23rd July, 2003
Office memorandum
Subject : Clarifications regarding grant of benefit under the Schemes namely :
(i)
additional increment(s) at 10/20 years point in time scale;
(ii)
additional increment(s) on completion of 8/18 years service;
(iii) Higher Standard pay scales on completion of 10/20 years of regular
Satisfactory service.
Sir,
Referring on the subject cited above, the under signed is directed to inform you that
the State Government, being a welfare State, introduced the various schemes from time to time
in order to take care of stagnation and lack of promotional avenues for Government employees
belonging to Group ‗C‘ and ‗D‘. In this regard a reference is invited to the Finance Department‘s
following letters :(i) Letter No. 9/9/91-3PR (FD), dated 14.05.1991.
(ii) Letter No. 9/9/91-3PR (FD), dated 09.04.1992
(iii) Letter No. 1/138/92-1PR (FD), dated 07.08.1992
(iv) Letter No. 1/34/93-4PR (FD), dated 08.02.1994
(v) Letter No. 1/191/92-4PR (FD), dated 14.06.1994
(vi) Letter No. 10/108/94-4PR (FD), dated 29.12.1995
(vii) Letter No. 1/34/93-4PR (FD), dated 01.04.1998
(viii) Letter No. 2/3/98-5PR (FD), dated 7.12.1998
2.
The Scheme of grant of additional increment(s) to Group ‗C‘ and ‗D‘ employees at
10th and 20th year point in the time scale as applicable w.e.f. 01.01.1986 was introduced vide
FD‘s letter dated 14.05.1991 but effective from 01.01.1991. This scheme was modified vide
letter dated 07.08.1992 by allowing additional increment(s) w.e.f. 01.07.1992 after 8/18 years of
service in a particular service group. In replacement of the above scheme another scheme
namely Higher Standard Pay Scale Scheme was introduced vide FD‘s letter dated 08.02.1994
but effective from 01.01.1994. Under this Scheme the benefit was to be extended to those
employees who have not got any promotional/higher time scale/S.G. in their service career and
have completed 10/20 years or more regular satisfactory service on or after 01.01.1994. The
intention of the State Government behind introducing the above schemes was that every
employee should get at least two promotions in his entire service career. However, lack of
adequate promotional avenues for all in the administrative hierarchy posed a major problem in
achieving the stated objective of the Government. An effort was made that if two promotions
could not be assured to each and every employee during his service career then at least two
financial upgradations may be ensured.
3.
Some clarifications were also issued vide FD‘s letter dated 09.04.1992, 14.6.94,
29.12.95, 1.4.98 and 7.12.98 to regulate the provisions of the above said schemes. Vide a
detailed clarificatory letter dated 29.12.1995 which was regarding clarifications of all the above
500
three schemes, the para 12 of the FD‘s letter No. 1/34/93-4PR(FD), dated 08.02.1994 which is
as under, was deleted :―Since the grant of Higher Standard Pay Scale under these instructions is
compensation for stagnation and is, therefore, based on length of service
without involving higher responsibilities, this will be treated as a fortuitous
circumstances and thus no benefit of step of pay to a senior just on the basis of
seniority in the hierarchy will be admissible.‖
On the other hand at point No. 10 of para 2 of FD‘s letter dated 29.12.1995 it was
provided that pay/pay scale of the senior Government employee shall be stepped up to the level
of his junior, in case a senior Government employee has got two promotions within his time of
promotion and he becomes ineligible to a higher standard pay scale but his junior who has
completed 20 years of service but has got no promotion, becomes eligible for 2nd higher
standard pay scale. And in case the higher standard pay scale of the lower post happens to be
higher than the pay scale of the promotional post, then pay scale of the senior shall be stepped
up to the level of pay/pay scale of his junior.
4.
In the letter No. 1/34/93-4PR(FD), dated 01.04.1998 it was stated that the Hon‘ble
Punjab & Haryana High Court while disposing of a bunch of writ petitions (main CWP No. 7255
of 1997- Surinder Singh & Others V/s State of Haryana) inter-alia held that :―In view of the statement made in para 12 of the circular dated 8th February,
1994, we hold that the benefit of higher standard pay scale to a senior on the
ground that the pay of his junior has been fixed higher to his pay in terms of the
scheme contained in the circular, shall not be admissible to such senior.‖
It was also clarified vide letter dated 1.4.98 that the interpretation and modalities laid
down by Hon‘ble Punjab and Haryana High Court should be strictly followed and any provisions
or clarifications which are inconsistent with the observations /interpretation as given by the
Hon‘ble Punjab and Haryana High Court should be considered to the extent of their
inconsistency with the observations/interpretation of the Hon‘ble Punjab and Haryana High
Court.
5.
Finance Department observes that the benefit of additional increment(s) granted vide
letter dated 14.5.91, 7.8.92 and Higher Standard Pay Scales vide letter dated 8.2.94 was only
meant for the Group ‘C‘ and ‗D‘ employees and the stepping up benefit is not admissible due to
increases in pay or pay scales of junior Govt. employee by rendering more number of service in
a particular service group as the same will be treated as fortuitous circumstances. Thus no
benefit of stepping up is validly extendable ipso-facto to the officers of Group ‘A‘ and ‗B‘.
6.
FD also observes that in view of the observations of Hon‘ble Punjab and Haryana
High Court in CWP No. 7255 of 1997 and FD‘s instructions dated 01.04.1998, there was no
necessity for the issuance of the instructions dated 7.12.98 which inter-alia provide that deletion
of para 12 of instructions dated 08.02.1994 is valid. If it is treated so then clarification issued
vide instructions dated 29.12.95 is to be treated to have been modified to the extent that
condition mentioned in the para 12 of scheme issued vide letter dated 08.02.1994 is valid and
no stepping up of benefit is admissible to the seniors just on the basis of seniority in the
hierarchy, therefore, the clarification vide point 10 of the FD‘s instructions dated 29.12.95 is
inconsistent to the adjudication of the Hon‘ble Punjab and Haryana High Court and should have
been deleted.
7.
From the explained situation it comes out that benefit of stepping up of pay to some
of the ineligible officers/officials had been granted erroneously by the certain departments with
or without the concurrence of the Finance Department. The Government after examination of
the entire issue has now decided to clarify the position, which is as under :-
501
(i)
That the benefit under the schemes issued vide FD‘s letter dated 14.05.1991,
07.08.1992 and 08.02.1994, which was meant only for the employees of
Group ‗C‘ and ‗D‘, is not validly extendable ipso-facto to the officers of Group
‗A‘ and ‗B‘.
(ii)
That the provision contained in point No. 10 of para 2 of FD‘s letter dated
29.12.1995 is to be treated as withdrawn. Apart from the above, the deletion of
para 12 of dated 08.02.1994, vide FD‘s letter dated 29.12.95 is also
withdrawn. The instructions dated 7.12.1998 are also hereby withdrawn.
Consequently the benefit of stepping up of pay allowed to the senior officers
erroneously may of course be withdrawn/set right after affording them a
reasonable opportunity of hearing. The recovery, if any, however may not be
affected from the retrospective effect but can be affected from the date of
issuance of these instructions.
(iii)
The officers who got erroneous benefit and got retired from service their cases
be reviewed for the withdrawal of the same after giving them a reasonable
opportunity of hearing. No recovery is to be made from them. However, their
pension should be recomputed/refixed notionally for the period prior to the
date of issue of these instructions and actually from the date of issuance of
these instructions.
compliance.
Yours faithfully,
To
All the Administrative Secretaries to Govt., Haryana in various
Departments/All the Heads of Departments/Divisional Commissioners/
Deputy Commissioners/SDO (C) in Haryana.
The Registrar, Punjab and Haryana High Court at Chandigarh.
The Accountant General (A&E and Audit), Haryana.
***************
502
No. 2/1(2)/90-4FR
From
To
Subject : Disbursement of Pay and Allowances/Pension for the month of July, 2003.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 1st, 2nd and
3rd August, 2003, on account of Teej, Saturday and Sunday respectively, the Governor of
Financial Rules Vol. I, the pay and allowances for the months of the July, 2003 for all
Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of July, 2003 for
Government Treasuries November be drawn and disbursed on the 31st July, 2003.
Yours faithfully,
Sd/(V.S.YADAV)
No. 2/1(2)/90-4FR
Sd/(V.S.YADAV)
No. 2/1(2)/90-4FR
503
Sd/(V.S.YADAV)
A copy is forwarded to :All Financial Commissioners Haryana,
Sd/(V.S.YADAV)
To
U.O. No. 2/1(2)/90-4FR
Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.
Sd/(V.S.YADAV)
To
U.O. No. 2/1(2)/90-4FR
***************
504
No. 1/1(119)/96-1PR(FD)
From
To
All Heads of Departments, in Haryana,
The Commissioners Ambala,
Hisar, Rohtak and Gurgaon Divisions,
Sub Divisional Officer Civil in Haryana,
Subject : Amendment in Haryana Civil Services (Revised Pay) Rules, 1998.
Sir,
I am directed to refer to the subject cited above and to enclose herewith a copy of
notification bearing No. GSR.17/Const./Art. 309/2003, dated 21st July, 2003 relating to the
amendment in the Haryana Civil Services (Revised Pay) Rules, 1998 for information and
necessary action, if any at your end.
Yours faithfully,
**************
505
No. 8/16/2002-5PR(FD)
From
To
Subject : Removal of anomalies in the pay scales of General Category of Technical
Trade Employees - meeting held on 30.07.2003 at 12.00 Noon - proceedings
thereof.
Sir,
I am directed to invite your kind attention to the subject noted above and to say that
the pay scales of some of the technical posts were revised as under vide Government
instruction No. 6/23/3PR(FD)-88, dated 23.8.90 with effect from 1.5.90 :Name of the Department/post
Existing pay
scale as on
01.01.1986
General recommendations regarding technical
posts in various departments for which minimum
educational qualification prescribed Matric with ITI
Certificate/Polytechnic.
750-940
775-1025
800-1150
950-1400
950-1500
Modified scale of pay
w.e.f. 1.5.90
1200-2040
(It has been decided
that further recruitment
of non Matric be
stopped.
The above mentioned scales were further modified as under vide No. 6/23/3PR(FD)88, dated 26.7.91 :General recommendations regarding technical
Certificate/Polytechnic.
750-940
775-1025
800-1150
950-1400
950-1500
1200-2040
General recommendations regarding technical
Certificate/diploma from Polytechnic without
insistence on Matric.
750-940
775-1025
800-1150
950-1400
The representatives of the Haryana Karamchari Mahasangh has submitted in the
above said meeting that anomalies in pay scales of different categories of Non-ITI pass
employees may be rectified w.e.f. 1.5.90 being the similar duties.
The matter was discussed in the above said meeting and it was decided to seek
information from the various departments the actual number of working Non-ITI Technical
employees as to access the financial implications of the demand.
506
It is, therefore, requested that the number of Non-ITI Technical employees working in
their respective departments may be supplied to the Finance Department, at the earliest.
Yours faithfully,
***************
507
These instructions have been withdrawn vide
No. 6/149/2002-4PR(FD) Dt. 05.08.2009 & 20.08.2009 and
clarified vide No. 1/64/2010-2PR(FD), Dt. 27.07.2010
No. 6/149/2002-4PR(FD)
From
To
Commissioners, Ambala, Hisar, Gurgaon & Rohtak Divisions,
Dated, Chandigarh, the 22nd August, 2003
Subject : Revision of pay scales.
Sir,
On the subject cited above I have been directed to state that while revising the pay
scales of Haryana Govt. employees w.e.f. 01.01.1996, following provision was made under 3rd
proviso to Rule 7 of the Revised Pay Rules, 1998 and 3rd proviso to Rule 15 of the ACP Rules,
1998 :3rd Proviso to Rule 7:
"Provided further that the fixation thus made shall ensure that every
employee will get atleast one increment in the revised scale of pay for every three
increments (inclusive of stagnation increment(s), if any) in the existing scale of pay."
3rd Proviso to Rule 15:
"Provided further that the fixation thus made shall ensure that every employee will
get atleast one increment in the revised scale of pay for every three increments (inclusive of
stagnation increment(s), if any) in the present scale of pay."
"The above provisions envisage the grant of one increment in the revised scale for
every three increments earned in the "present scale". The intention of Government is that for
every 3 "actual" increments earned by the employee in the present scale, the benefit of one
"actual" increment in the revised scale is to be granted."
It has come to the notice of the Finance Department that the pay fixation procedure
adopted by some of the departments is in contravention of the rules. It has been noticed that
while fixing the pay under the above said rules a table given in some ready reckoners of private
publications is being followed and pay being fixed as per that table. This table given in the ready
reckoners holds good in case neither any modification of scales (i.e. Existing Scales) nor any
personal scale (like Higher Standard Scale) was granted after 01.01.1986. In the case of those
employees whose scales were modified or they were granted any scale other than the
functional scale of the post after 01.01.1986, the benefit of one increment in the revised scale
for every 3 increments in the existing scale or present scale (as the case may be) was to be
granted from the date of grant of such scale.
Some illustrations indicating the pay ought to be fixed and pay fixed by
the departments by wrong interpretation of rule are appended as Annexure 'A'. Pay of such
508
employees need to be refixed after recovering the benefit erroneously granted and over
payment need to be recovered.
You are, therefore, requested to ensure that the pay of such employees is refixed
accordingly and compliance report is sent to this department. The contents of this letter may be
brought to the notice of all concerned.
Yours faithfully,
Endst. No. 6/149/2002-4PR(FD)
A copy for information is forwarded to the Accountant General (A&E) and Audit,
A copy is forwarded to the following :All the Financial Commissioners & Principal Secretaries in
the State of Haryana;
Endst. No. 6/149/2002-4PR(FD)
509
ANNEXURE - A
Illustrations indicating pay fixed and ought to be fixed in the revised scales.
Employee A Employee B
Existing scale as on 01.01.1986 1400-2600
2000-3200
Pay scale modified
subsequently
2200-4000
(w.e.f.
8.6.95)
1600-2660
(w.e.f.
1.4.95)
Higher Standard scale granted
w.e.f. 1.1.94
-
Employee C
1200-2400
Employee D
1400-2600
-
-
-
1400-2600
1640-2900
Revised pay scale as on
01.01.1996
5450-8000
8000-13500
5450-8000
6500-9900
Pay as on 31.12.95
1750
2650
1750
2000
Increments actually earned
Nil
Nil
2
2
Benefit of 3rd proviso
Nil
Nil
Nil
Nil
Pay fixed by departments
5600
8550
5750
6900
Pay ought to be fixed
5450
8000
5450
6500
***************
510
No. 4/31/03-SO-III/Pension,
From
To
All Divisional Commissioners and
Deputy Commissioners in Haryana,
All District and Session Judges, Haryana.
Subject :
Group to study pension liabilities of the State Governments.
Sir,
I am directed to inform you that RBI constituted a Group to Study the Pension
Liabilities of the State Governments under the Chairmanship of Shri B. K. Bhattacharya, former
Chief Secretary, Govt. of Karnataka. A meeting between Shri B. K. Bhattacharya, Chairman,
Study Group and the Financial Commissioner & Principal Secretary, Finance Department was
held on 20.8.2003 and further celebrations also information is to be supplied to RBI on priority
basis:Demographic and other Details of State Govt. employees & Pensioners
1.
Age-wise and category wise details of the State Government Pensioners in the
State at present as required in Table-I (Copy of which is enclosed).
The age wise break up of pensioners should be given as follows: 50-65 years,
65-70 years, 70-75 years, above 75 years. Information may be furnished
separately for State Govt. employees and employees of grant-in-aid institutions
and local bodies (Urban and Rural).
2.
Age-wise and category wise details of the State Government employees and
employees of grant-in-aid institutions and local bodies (Urban & Rural) at present
as required in Table-II (copy of which is enclosed).
The age wise break up should be given as followed: up to 30 years, 30-40 years,
40-50 years, 50-55 years and 55 years-superannuation. Information may be
furnished separately for the State Govt. employees and employees of grant-inaid institutions and local bodies (Urban & Rural).
Trends in Pension Payments and Estimated Future Pension Obligations
1.
Information on Pension Payments category-wise for the period 1990-91 to 200102 as required in table-3 (copy of which is enclosed).
Information may be furnished separately for State Government employees and
employees of grant-in-aid institutions and local bodies (Urban & Rural).
511
2.
Information on estimated pension payments, category-wise, in the next ten years,
i.e. 2002-03 to 2012-13 as required in table-4 (copy of which is enclosed).
Information may be furnished separately for State Govt. employees and
employees of grant-in-aid institutions and local bodies (Urban & Rural).
3.
To provide number and ratios of pensioners to actual employees during the
period 1990-91 to 2001-02.
4.
To provide amount and ratios of pension payments to wages and salaries during
the 1990-91 to 2001-02.
Kindly arrange to supply the aforesaid information along with supporting details
so as to reach the Finance Department by 15.9.2003.
This may please be treated as most urgent.
Yours faithfully,
Sd/Under Secretary Pension
2.
To
1.
2.
U.O. No. 4/31/03-SO-III/Pension,
Endst. No. 4/31/03-SO-III/Pension,
A copy along with a copy of format I, II, III, IV, is forwarded to the ESA Haryana
with the request that he may supply the required information to the FD if the same is available
with him otherwise he may also collect the same from the various Govt. Departments/
Institutions where grant-in-aid is granted and Local Bodies (Urban & Rural) to enable him to
supply the same to FD.
***************
512
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 3rd September, 2003
No. 2/03/2003-4FR.— In exercise of the powers conferred by the proviso to article 309 of the
Part I, in their application to the State of Haryana, namely :1.
These rules may be called the Punjab Civil Services, Volume-I, Part I (Haryana
second Amendment) Rules, 2003.
2.
In the Punjab Civil Services Rules, Volume-I, Part I, in rule 4.22, clause (iii) shall
be omitted.
CHANDER SINGH
No. 2/03/2001-4FR,
Dated, Chandigarh, the 3rd Sept., 2003
A copy for information is forwarded to :All Heads of Departments,
Commissioners of Divisions
.Sd/(Vijay Singh Yadav)
No. 2/03/2001-4FR,
information.
Sd/(Vijay Singh Yadav)
No. 2/03/2001-4FR,
reference their U.O. No. 9/188/2003-2 Cabinet dated 16th August, 2003.
513
No. 2/03/2001-4FR,
A copy is forwarded to the Secretary, Haryana Vidhan Sabha for information with
reference their U.O. No. 20-EA-1992-2003/12710 dated 1st Sept. 2003.
No. 2/03/2001-4FR,
A copy is forwarded to the Controller, Printing & Stationery, Haryana, Chandigarh for
500 spare printed copies be supplied to Finance Department for record.
A copy for information & necessary action to :All the Financial Commissioners & Principal Secretaries to Govt. Haryana.
All the Administrative Secretaries to Govt. Haryana.
To
All the Financial Commissioners & Principal Secretaries to
Govt., Haryana.
No. 2/03/2001-4FR,
***************
514
HARYANA GOVERNMENT
FINANCE DEPARTMENT
(REGULATION)
Notification
The 30th September, 2003
No. 11/64/97-1FR.— In exercise of the powers conferred by the proviso to article 309 of the
Part II, in their application to the State of Haryana, namely :1.
These rules may be called the Punjab Civil Services, Volume-I, Part II (Haryana
Third Amendment) Rules, 2003.
2.
In the Punjab Civil Services Rules, Volume-I, Part II, in Appendix 18, against
heading ―I. Judicial‖. For the existing entry The following entry shall be
substituted, namely.
―Civil Judges (Senior Division), Additional Civil Judges (Senior Division) and
Civil Judges (Junior Division) and their establishment including Process
Serving Establishment actually employed on work connected with process
serving‖.
No. 11/64/97-2003-1FR,
CHANDER SINGH
A copy is forwarded to :All Heads of Departments,
for information.
No. 11/64/97-2003-1FR,
information.
No. 11/64/97-2003-1FR,
515
reference their U.O. No. 9/159/2003-2 Cabinet dated 25th August, 2003.
No. 11/64/97-2003-1FR,
A copy is forwarded to the Secretary, Haryana Vidhan Sabha for information with
reference their U.O. No. 20-EA-1992-2003/17999 dated 19th Sept. 2003.
No. 11/64/97-2003-1FR,
A copy is forwarded to the Controller, printing & Stationery, Haryana, Chandigarh for
500 spare printed copies be supplied to Finance Department for record.
A copy for information & necessary action to :All the Financial Commissioners & Principal Secretaries to Govt., Haryana.
To
All the Financial Commissioners & Principal Secretaries
to Govt., Haryana.
No. 11/64/97-2003-1FR,
***************
516
No. 36/2/2k3-WM(60)
From
To
Dated, Chandigarh, the 3rd October, 2003
Subject : Grant of interest free Festival
during the year 2003-2004.
Advance
to
Government
employees
Sir,
Government has decided to grant an interest free festival advance of Rs. 800/- (Rupees eight
hundred only) to all class IV Govt. employees in the State who apply for it.
2.
The advance will be admissible to permanent/temporary class IV employees, and to
adhoc employees who are continuing in service for the last one year and are likely to continue
for another four months, after furnishing surety of a permanent Government employee. The
advance will be sanctioned by the Drawing & Disbursing Officers concerned who would in the
case of temporary employees allow advance on the basis of a surety to their satisfaction so that
it is fully secured and its recovery is ensured from the loanee before the close of the financial
year 2003-2004.
3.
4.
the
The Drawing & Disbursing officer concerned, before sanctioning the advance
should satisfy himself that the incumbent will continue in service until full
(ii)
The advance will be recovered in four equal monthly instalments and the
(i)
The advance may be drawn and disbursed on or before 25/10/2003
(ii)
The advance will not be admissible to work charged & contingent paid
staff and daily wagers.
(iii)
The advance should not be granted to those Class IV employees who
are on deputation to other Governments/Corporations and Local Bodies etc. .
(iv)
If both husband & wife are employed, the advance should be allowed·
to one of them.
enclosed Performa-I. It is also requested that the detailed accounts of
517
the recoveries of the advance should be maintained by the Drawing and Disbursing Officers
which should be reconciled with the office of the', Accountant General,
Haryana (A&E) Chandigarh, every month.
5.
The expenditure incurred on the grant of festival advance may be communicated to
the Finance 'Department (in Ways & Means Br.) by the Head of Departments by the end of
December, 2003 in the enclosed Performa -II.
6.
The expenditure will be debited to the Major Head "7610-Loans- to
Government servants etc. 800-Other Advances-(98) Festival Advances (50) Advances
(Non-Plan). The recoveries made will be credited to the corresponding receipt head
i.e. 7610-Loans to Governments servants etc.-800-Other Advances (98) Festival
Advances (Receipt).
Yours faithfully,
Sd/(S.R.MAURYA)
No.36/2/2k3-WM(6)
A copy is forwarded, to the Accountant General, (A&E) and Audit Haryana
2.
The expenditure will be debited against grant No. 25 under Major Head
"7610-Loans to Government Servants etc.-800 other Advances-(98) Festival Advances
50) Advances.
3.
Officers.
Sd/(S.R.MAURYA)
No.36/2/2k3-WM(6)
with the request that the stipulated date may please be strictly followed and no bill be passed
after 25.10.2003. The payment made on the
***************
518
No. 2/1(2)/90-4FR
From
To
Subject : Disbursement of Pay and Allowances/Pension for the month of October, 2003.
Sir,
I am directed to say that in view of the Gazetted holidays falling on the 1st, and
2nd November, 2003, on account of Haryana Day/Saturday and Sunday respectively, the
Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of
the Punjab Financial Rules Vol. I, the pay and allowances for the months of the October, 2003
for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of October,
2003 for Haryana Government pensioners as well as others who are drawing their pension from
Government Treasuries November be drawn and disbursed on the 31st October, 2003.
Yours faithfully,
Sd/(V.S.YADAV)
No. 2/1(2)/90-4FR
Sd/(V.S.YADAV)
No. 2/1(2)/90-4FR
519
Sd/(V.S.YADAV)
A copy is forwarded to :All Financial Commissioners Haryana,
Sd/(V.S.YADAV)
To
U.O. No. 2/1(2)/90-4FR
Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.
Sd/(V.S.YADAV)
To
U.O. No. 2/1(2)/90-4FR
***************
520
No. 1/3/70/99/SO-1/Pension
From
To
All Heads of Departments in Haryana
All Divisional Commissioners in Haryana,
Subject : Implementation of Government‘s decision on pension and family pension
related matters - revision of pension of pre and post 1986 pensioners/family
pensioners etc. - Extension of date of submission of application for revision of
pension/family pension
Sir,
I am directed to invite your attention towards this department letter No. 1/3/70/992FR-II, dated 8.10.2002 vide which the date for the submission of applications for the revision of
pension/family pension of the Haryana Government pensioners was extended upto 31/3/03 on
the pattern of Govt. of India. Now the Govt. of India has further extended the last date for
submission of applications for the revision of pension/family pension of their civil pensioners
upto 30.9.03, therefore, the State of Haryana by following the suit and after due consideration
has decided to extend the date of receipt of applications for the option of pension/family pension
of its pensioners up to 31.3.2004.
2.
This communication may please be brought to the notice of all the concerned for
their information and necessary action if any.
Yours faithfully,
***************
521
No. 2/7/81-WM(1)
From
To
All Heads of Department in Haryana,
Subject : Grant of Loans and Advances to Government employees for the purchase of
constructed house.
Sir,
I am directed to refer to this Department's circular letter No. 2/7/81-WM(1) dated the
30.5.2002 on the subject noted above and to inform that some discrepancies have been noted
in the check lists attached with the above referred circular dated 30.5.2002 which have been
rectified and are enclosed herewith for taking action/guidance.
Contd…
Encl.
522
CHECK LIST OF HOUSE BUILDING ADVANCE
Check list for New Construction :1.
Application Form and Agreement Form (Annexure III) in prescribed Performa duly
2.
Detail of loan taken earlier, if drawn, intimate basic pay and financial year.
3
Previous amount drawn with copy of sanction letter
4.
(a)
Purpose of previous advance.
(b)
Allotment letter, possession letter and map duly passed by HUDA in case of HUDA
Plot.
(a)
Clear title of plot duly verified by Tehsildar/Revenue Authority in case of plots
situated within Lal Dora in rural area.
(b)
Registry of plot in general cases.
(c)
Map duly passed by MC if the plot is in Urban Area.
5.
Surety of one confirmed employee in the case of regular employee on the judicial
6
7.
Affidavit on judicial paper worth Rs. 3/- that applicant has no other house in his/her
8.
Annexure VI regarding recovery of outstanding loan from DCRG may be obtained.
9.
In case of joint ownership, Annexure V regarding No Objection Certificate from wife/
husband for mortgaging the property in the name of Governor of Haryana may be
obtained.
Check list for Under Construction :1.
In case of less than 40% of loan, utilisation certificate of purchase of material for
construction, duly verified by DDO, be submitted.
2.
First Installment of 40% of loan, utilisation certificate upto plinth level, duly verified by
DDO, be submitted.
3.
For 2nd installment of 30% of loan, utilisation certificate of roof laid, duly verified by
DDO, be submitted.
4.
After 3rd installment of loan utilization certificate of completed House, duly verified by
DDO, be submitted.
Check list for Repair/Extension cases :1.
Clear title of owner ship.
2.
Detail of previous loan taken by officer/official be clearly mentioned in column No. 10
(in application Form)
3.
Agreement Bond Annexure IV/V/VI.
523
4.
In case of regular employee one surety from confirmed employee in prescribed
proforma, on stamp paper worth Rs. 15/-.
5.
Recommendation under signature of the Sanctioning Authority.
6.
Undertaking regarding no objection to mortgage the property against loan from
husband/wife in case of joint ownership.
7.
Map duly verified/counter signed by Revenue Authority, in case if house is in Lal
Dora, in rural area.
8
Completion certificate in case if house falls in urban area by the Competent
Authority.
9.
All columns must be verified by the DDO.
10.
Repair/extension loan is granted after ten year from the release of the first instalment
of House Building Advance.
11.
Loan is granted for repair/extension after 5 years of possession in case applicant has
not obtained any loan for construction of house from the Government.
Check list for Purchase of plot :1.
Application Form and Agreement Form (Annexure III) in prescribed proforma duly
2.
Details of loan taken earlier, if drawn, intimate basic pay and financial year.
3.
Previous amount drawn with sanction letter No. ___________ dated________.
(a)
(b)
4.
Surety of one confirmed employee in case of regular employees on the Judicial
5.
6.
Affidavit on stamp paper worth Rs. 3/- that applicant has no other house in his/her
7.
Annexure VI regarding recovery of outstanding loan/interest from DCRG.
8.
9.
Agreement for purchase of plot.
10.
Departmental permission for purchase of plot under Employees Conduct Rules,
1966.
Check list for Housing Board/Society :Housing Board :1.
Allotment letter of Board/DDA and any other Government Agency.
2
One surety of confirmed employee is required for regular employee.
3
Surety of two confirmed employees on stamp paper worth Rs. 15/- is required from
regular employees in lieu of mortgage.
4.
Annexure III, IV, V, VI should be attached.
524
Society :1.
Proof of membership of society.
2.
Full comprehensive insurance of the flat /house against damage by fire flood and
lightening extending the policy Governor of Haryana.
3.
Surety of one permanent employee in case of regular employee.
4.
The loanee will furnish surety of two permanent Govt. employees in lieu of mortgage.
5.
The loanee will get the flat/house mortgaged to Govt. and the charge of the Govt.,
would be the first claim on the property in the event of default in repayment of Govt.
loan and the loanee must obtain prior consent of the Cooperative Housing Society
for this purpose.
525
APPLICATION FOR HOUSE BUILDING ADVANCE
(Rule 10, 16, 10.17, 10.18, 10.19 of the P.F.R. Vol. I)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Name of the Applicant (in block letters) ____________________________
Designation (Gazetted/Non Gazetted)
Father's/Husband's Name
Name of Department/Branch _________________________________________
Emolument on which the loan is admissible
(i)
Basic Pay ________________________
(ii)
Special Pay _______________________
(iii)
Total ____________________________
Head of Account
Amount of advance applied for _______________________________
Recoverable in ______________
instalments of Rs. __________________
Purpose of advance now : applied for
Whether any advance has been drawn previously for house
building/repairs/Extension of house under any rules/scheme if so:
(i)
Date of drawal of the advance
(ii) Purpose for which the advance was drawn. _______________________
(iii) Amount of advance drawn
_______________________
(iv) Pay on which such advance was calculated:
Basic Pay ___________
S.P. __________ Total _____________
(v) Rules/scheme under which the advance was drawn. ________________
Whether the house built with an advance has
been sold if so, indicate sale proceeds;
____________________
Whether the house/plot purchased/constructed with the
advance has been mortgaged to Govt. as prescribed ____________________
under the rules;
(a) Date of birth of the applicant
____________________
(b) Date of entry into Government service.
____________________
(c) Date of superannuation
____________________
Whether husband/wife is a Government servant,
if so, whether he/she has obtained any house ____________________
building advance from Government.
Whether permanent or temporary Government
servant, if temporary adequate surety of permanent
Government servant to be furnished in addition to
mortgaging the house to Govt. in the prescribed form on
non-judicial paper worth Rs. 15/-.
____________________
PURCHASE OF PLOT
(i) (Whether advance is required for the purchase
of plot, if so, the details of the source of the plot
purchased, the approx. cost and a documentary
proof with regard to the clear title of the seller of the ____________________
plot may be attached (see rule 10.16 (vii) of P.F.R.
Vol. l).
526
17.
18.
19.
20.
(it) Whether the sanction of Govt. for the purchase of
plot, if negotiated from a source other than regular or
reputed dealer has been obtained as required under
Govt. Employee's Conduct Rules, 1966 if so, a copy
of the sanction be attached.
(iii) A certificate to the effect that the advance
is required for the construction of house at
place for personal residence may be attached.
CONSTRUCTION OF HOUSE :
(a) whether advance is required for the construction of
house on plot already purchased with own resources
or from Government money if so, an attested copy of
the conveyance deed executed may be attached.
(b) A certificate to the effect that the sum will be utilized
for construction of house only and if there are any
surplus funds after the house has been completed,
that will be refunded at once may be attached. [Rule
10.16(ix)].
(c) Documentary proof that the plans etc. have been
approved by the HUDA/MC/Tehsildar concerned.
REPAIR OF HOUSE :
In case the advance is required for repair, a certificate to
the following effect be added :(i) The repairs are required to make house rehabitable
(ii) These are not in the nature of ordinary repairs.
(iii) These involve an outlay larger in comparison with
the value of the house and that no such advance for
the repair has previously been drawn in respect of
the same house and that ten years have elapsed
since the drawal of the advance in case of any
advance from the Government (Rule 10.19 of
P.F.R. Vol. I).
EXTENSION OF HOUSE :
Whether the house proposed to be extended was
constructed with the financial assistance from the State
Government if so, the details of the loan obtained may be
specified as under :(i) Total loan obtained
(ii) Pay at the time the loan was obtained
Basic Pay Rs. _______________
(iii) If the loan was obtained under any other scheme the
total amount of loan may be indicated
(iv) Documentary proof that plan for extension has been
approved by the local body or the Estate
Officer/Tehsildar.
(v) If any advance was drawn for repairs of the house
earlier full details thereof may be indicated.
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
SP
Total
________
Rs. ____________
____________________
____________________
____________________
BUILT UP HOUSE:
In case the advance is required for the purpose of built up
house the following certificate may be attached
____________________
(i)
Documentary proof to show that the bargain for the
527
21.
22.
23.
24.
purchase of house has been finalized.
(ii) The place and the full particulars of the house for
which the advance is required
(iii) Location of the dwelling unit in an approved colony.
(iv) Valuation from B&R/MC/Teh.
(v) Clear title of House duly verified by HUDA/MC/Teh.
A certificate to the effect that the advance is required for
the bonafide personal residence.
A certificate to the effect that the applicant has an
undisputed title to the house/plot in the case of purchase
of a built up house a certificate may be furnished that the
house is free from all encumbrances.
Whether any funds earmarked for you either by the
Department Or the FD was surrendered during the last
financial year and so, full particulars thereof together with
reasons for surrendering the amount may be given.
An affidavit on non-judicial paper worth Rs. 3/- that the
applicant has no other house/plot in India.
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
____________________
It is certified that the information given above is complete and true to the best of my
knowledge and nothing has been concealed therein.
Dated :
(Signature of the Applicant)
Designation : _________________________
Branch : _____________________________
It is certified that the above information supplied by the applicant is correct
according to the official record maintained in this office. It is also certified that the advance of
Rs. _______ applied for is admissible and all formalities required to be complied with have been
completed.
Place :
Signature of Sanctioning Authority
Dated :
528
SURETY BOND
This deed is made on the _________ day of the _______, Two thousand _________
Between Sh. _________________ and caste ___________ and resident of H. No. __________
working as ______________ in the office of _____________________ (hereinafter referred to
as the surety) of the one part and the Governor of Haryana (hereinafter referred to as the
Whereas the loan of Rs. ______ (Rupees ______________) has been granted to
Sh. ______________ resident of _______________ working as _____________ in Office of
_____________ (hereinafter referred to as the borrower) of the terms and conditions in the
agreement dated __________ and subject to the borrower furnishing a permanent Government
the agreement dated ___________ and/or of the mortgage deed, dated _______________.
And whereas Shri _______________ has fulfillment of the conditions of the advance
of loan agreed to stand as surety for the Borrower on the terms and conditions hereinafter
appearing.
Now this deed witnesses and the parties hereto agree as follows :(1)
In pursuance of the said agreement and in consideration of sum of Rs. ____
advance by the Government to the Borrower as loan, the surety hereby
agrees that the borrower shall duly, faithfully, and punctually perform all the
conditions set out in the agreement dated _____________ and to be
performed and observed by him and that in the event of the failure of the
borrower to perform any of the said conditions and of the borrower dying or
ceasing to be in service for any cause that what so ever before the amount
due to the Government from the borrower is fully paid off, the surety shall
immediately pay the entire amount due to the Government on account of the
principle and interest under the said agreement and/or the mortgage deed.
(2)
For the consideration aforesaid and in further pursuance of the agreement it
is hereby agreed that the liability of surety shall not be affected by the
Government granting time or any other indulgence to the borrower.
(3)
The Government shall be entitled to deduct from the pay, Travelling
Allowance or any other sum which may be or become payable by the
Government to the surety the amount due to it from the surety under this
deed. Witness where of the parties have signed, this deed on the dates
respectively mentioned against their Signature in the 52 years of the Republic
of India.
Signature of the surety.
Witness :
(1)
(2)
Signed by for and on behalf of the
Governor of Haryana.
529
ANNEXURE - III
Agreement Deed
An agreement to be executed by Government servant at the time of or before
drawing advance for the purchase of land and/or construction of house for adjustment of the
balance of advance outstanding at the time of retirement against the death-cum-retirement
gratuity.
An agreement made on ______________ day of ______________Two thousand
____________________ between _______________ of ______________ (hereinafter called
the borrower which expression shall include his legal representative and assigns) of the one
part and the Governor of Haryana (hereinafter called 'The Governor' which expression shall
include his successors and assigns) on the other part.
Whereas the Borrower has agreed to purchase/has purchased for the purpose of
erecting a house thereon the piece of land situated in ______________ in the registration
district of ____________ sub-district _________ thana
___________ containing
____________more or less and bounded on the north by _____________ south by
___________ east by ____________and on the west by _______________ Rs. __________
(hereinafter referred to the said land) for the sum of Rs. __________. And whereas the
borrowers has under the provision of the Haryana Government letter No. 2118-WM(I)-67/20006,
dated the 5th September, 1967 applied to the Governor for a loan of Rs. ________.
And whereas it is permissible under the provision of the aforementioned letter
hereinafter referred to as the said order which expression shall include any amendment thereof
for the time being in force that the last installment of loans together with the interest accrued
thereon will be recovered from the D.C.R.G. payable at the time of retirement; provided the
Government servant concerned executes an agreement to the effect and cancels any
nomination made by him under rule-4 (6) (b) of the New pension rules contained in Appendix-2
of the Punjab Civil Services Rules, Volume-Il, so as to leave Government free to appropriate the
sum found payable to him after retirement in adjustment of balance of the advance.
Now it is hereby agreed between the parties hereto that in consideration of the said
orders the borrowers, having cancelled the nomination made by him under rule-4(6)(b) of the
aforesaid New Pension Rules, hereby authorised the Governor to extinguish the last installment
of loan together with the interest accrued thereon from the D.C.R.G. payable to the borrower.
In witness thereof the borrower has hereunto set his hand the day and year first
before witness.
Signed by the said borrower
In the presence of
1. Witness :
2.
Signature of DDO
530
AFFIDAVIT
Rs. 3/I, _______________________ S/o, W/o, D/o _______________________ working
as _________________________ in the _________________________ office of
___________________________ do hereby solemnly declare and affirm that I have not
drawn/drawn any house building advance (under any scheme sponsored by the Government)
for the construction of house/repair of house/extension of house and purchase of plot so far as
per details given below:Sr. No.
Amount drawn
Date of drawal
Purpose
1.
2.
3.
4.
5.
I also solemnly declare that I am the sole owner of the plot/house _____________.
It is further certified that the Plot/House in question is free from all encumbrances. I also
declare that I have no other house either in my name or in the name of my family to live in India
and I want to construct a house/repair of house/to extend my house for my own bonafide
residential use on the above plot. Certified that the balance if any, left after the use of the
advance for the purpose it is taken will at once be refunded to Government. Certified that I
have more than five years' service period of retirement. I am not likely to retire within five years
from the date of the application.
Place :
DEPONENT
Date :
Verification :
The above information is true to the best of my knowledge and belief and nothing
has been concealed therein.
DEPONENT
531
ANNEXURE-V
AFFIDAVIT
Rs. 3/I, _______________________ S/o W/o D/o _______________________ employed
as _________________________ under the Government of Haryana do hereby solemnly
declare and affirm that my wife/husband ____________________ is not a Government
employee, and has not applied for or obtained as advance under these rules during the period
of my past service.
I also declare that the plot/house _____________________________ is not/is jointly
owned by me with my wife/husband.
The above information is true and nothing has been concealed therein.
DEPONENT
Place :
Dated :
Verification :
The facts given above affidavit are true to the best of my knowledge and belief and
nothing has been concealed therein.
DEPONENT
532
ANNEXURE - VI
I, ____________________________________ authorise the Accountant General,
Haryana to recover from the death-cum-retirement gratuity, which would become due to me on
the date of my superannuation retirement, the balance of outstanding house building advance
with interest, in terms of the penultimate paragraph of the agreement dated _____________.
Dated:
Signature ________________________
Certified that I hereby cancel the nomination made by me in respect of the deathcum-retirement gratuity payable to me at the time of retirement.
Dated:
Signature ________________________
***************
533
FINANCE DEPARTMENT
No. 4/2/98-1FR/5705
To
All Deputy Commissioners and Sub
Divisional Officers (Civil) in Haryana,
Subject :
Grant of Dearness Allowance to Haryana Government Employees on
revised and un-revised scale of pay.
Sir,
I am directed to refer to this Department circular letter No. 4/2/98-1FR-/2558,
dated 5th May, 2003 on the subject noted above and to say that the Governor of Haryana is
pleased to decide that Dearness Allowance payable to Haryana Government Employees shall
be enhanced from the existing rates of 55% to 59% of the pay w.e.f. 1st July, 2003.
2.
in the unrevised scale after 1-1-96, the rates of DA in their case from 1st July, 2003 will be the
Basic Pay
2.
Dearness Allowance applicable on 1-1-96, i.e. 148%, 111% and 96% as the case
may be.
3.
Interim relief-I
4.
Interim relief-II
3.
The arrears on account of enhancement in Dearness allowance from 1st July,
2003 to 31st October, 2003 in respect of all Government employees shall be credited to their
General Provident Fund Account. However, it will be paid in cash from 1st November, 2003 i.e.
for the month of November, 2003 paid in December, 2003
4.
5.
Copy of this order is also available on website which can be downloaded from
the Site ―www.haryana.nic.in,‖
Yours faithfully,
Sd/(V.S. Yadav)
Deputy Secretary Finance
***************
534
These instructions have been modified vide
No. 68/2/2001/FD/Pension/SO-3
From
To
Sub Divisional Officers,
All District and Sessions Judges in Haryana.
Dated, Chandigarh the 6th November, 2003
Subject :
Adoption of procedure for expeditious finalisation of cases of pensionary
Sir,
I am directed to invite your attention towards three-detailed policy notifications
issued by the Finance Department Vide No. 68/2/2001/FD/Pension SAP, dated 3.9.01,3.1.02
and 13.9.02 on the issue of speedy disposal of pension cases. It has been observed that these
guidelines are not being implemented strictly in letter and spirit.
2.
It is to inform you that a retiree is entitled for the following retiral benefits at the
time of his retirement :1.
2.
3.
4.
5.
6
Gratuity
Commutation of pension
General Provident Fund
Leave encasement
Group Insurance (GIS)
It may be ensured that these benefits are sanctioned to the Govt. employees
before the day he retires.
3.
It has also been observed that format of three statements in which monthly
progress reports regarding pending pension cases are required to be sent to FD and which
were circulated vide letter dated 3rd Sept. 2001 need some amendment in it. Therefore, FD has
revised the format of statement I, II & III and a copy of the amended formats is enclosed
herewith.
4.
It is requested that new tabular formats may be used while sending the monthly
progress report to FD by 7th of the month. These instructions may please be brought to the
notice of all concerned dealing with pension cases for strict compliance. It is requested that the
535
report for the month of October

1 TO BE PUBLISHED IN HARYANA STATE GOVERNMENT GAZETTE-EXTRA Notification

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