F.R. 26

Increment admissible to a probationer

(1) If a probationer is confirmed at the end of a period of a probation exceeding twelve months, he is entitled to claim retrospectively the increments which, but for his probation, he would have received in the ordinary course.

[(2) In cases where the passing of an examination or test confers on a Government servant the title to any right, benefit or concession, such title should

be deemed to have accrued on the day following the last day of the examination or test which he passed. In cases where the examination or test can be passed in instalments, the title to the right, benefit or concession will be deemed to have accrued on the day following the last day of the examination in the subject or subjects in which he has passed. [G.O.Ms.No. 446, Public (Services), Dt. 1-5-1937]

[The above ruling does not apply to District and Sessions Judges recruited direct from the Bar on probation. Increments may be allowed to such officers in accordance with rules (c) and (e) of the rules regulating the pay of officers promoted from a State Service to hold Indian Civil Service posts or otherwise appointed to hold such posts].

[Government of India Letter No. F. 129/34, Home (Estt.), Dt. 29-3-1935]

Note :—The right conferred by passing the examination is the right to draw an increment from the day following the last day of the examination, provided that the person concerned is otherwise eligible for the increment.

(3) to (7) [ Not Printed ].

(8) The rules for permanent incumbents embodied in the special rules for the Public Subordinate Service issued under the Police Act will apply automatically to all the holders of temporary posts. Hence ad-hoc rules will not be issued in respect of these temporary posts.

(9) [ Not Printed ].

(10) A question was raised whether a Government servant appointed to a post neither as a probationer, nor under the emergency provisions (e.g., a Sherishtadar appointed as Assistant Secretary to Government under Rules 2(3) and 6 of the Special Rules for the General Service, Class IX) can draw increments in the time scale of pay attaching to that post after putting in the necessary period of duty. There is no provision in the Service Rules which prevents him from drawing increments, nor will the provisions of Rule 31-A relating to probationers and approved probationers apply to him. In such a case Rule 26 will apply and he will accordingly be eligible to draw increments.

(11) In the case of a Government servant without a substantive post who has been continuously in Government employ, but whose tenure of officiating service in a time-scale is interrupted by duty in another post whether on time-scale or fixed pay, his intervening service should not be regarded as a break of continuity of service for the purpose of Note 1 under Fundamental Rule 26(a).

Note :—Interruption of continuous officiating service in a time-scale by duty in a post borne on the workcharged establishment or by service in the post of a copyist in the Judicial Department or by service in the post of Process Amin in the Revenue Department is not a break of continuity of service for the purpose of Note 1 under Rule 26(a).

(12) When the tenure of officiating service of a Government servant in a time-scale of pay is interrupted by duty in a post of Copyist or Examiner in the Revenue Department his intervening service should not be regarded as a break of continuity of service for the purpose of Note 1 under Rule 26(a).

(13) [ Omitted ].

(1) [Not Printed]

Effect of overstayal of leave on increments

(2) A period of overstayal of leave does not count towards increments under the Fundamental Rules unless under Rule 85(b) it is commuted into extraordinary leave, and under Rule 26(b) extraordinary leave is allowed to count for increments. [Letter No. T. 1091-A/90-35, Dt. 2-9-1935 from the C.A.G., Madras]

(3) [Not Printed] .

Conditions under which a Government servant officiating in a post can count a period of absence on duty from the post for increments in the time-scale attached to it

[(4) (i) In the case of a Government servant, who, while officiating in one post, is appointed to officiate in another, the period of joining time spent in proceeding from one post to the other shall be treated as duty in the post, the pay of which the Government servant draws during the period and will count for increment in the same post under Rule 26(a).

(ii) In the case of a Government servant who, while officiating in a post, proceeds on training or to attend a course of instruction, and who is treated as on duty, while under training, the period of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction if he is allowed the pay of the officiating post during such period].

[G.I.F.D., Letter No. F. 250-C.S.R., Dt. 19-12-1924]

(5) Deleted.

Effect of leave taken by officiating Government servants for increments

(6) The period of compulsory leave i.e., one month's leave each year, taken by officiating Assistant Surgeons in the Radiology Department will reckon as service for increments.

(7) to (8) [ Not Printed ].

(9) Officiating service in a lower time-scale will not count for increments in the substantive post on a higher scale without the specific sanction of Government in each case.

(10) and (11) [ Not Printed ].

(1) Omitted.

[(2) The certificate required to be issued under Rule 26(b)(ii) shall be issued by the authority competent to sanction leave to the Government servant concerned. The certificate issued in the case of a non-gazetted Government servant shall be recorded in a very concise form, such as "certificate under F.R. 26(b)(ii) issued for the period from.....to....." after the entry regarding leave in the service book].

[G.O.Ms. No. 843, Finance, Dt. 3-10-1959, G.O.Ms. No. 2185, Finance, Dt. 23-11-1959, G.O.Ms. No. 2293, Finance, Dt. 8-12-1959 & G.O.Ms.No. 173, Finance, Dt. 12-1-1960]

[(3) Also refer to ruling (2) under F.R. 31-A].

[G.O.Ms.No. 527, Fin., Dt. 23-9-1963]

[(1) The intention of the rule was to introduce a fresh concession permitting a Government servant to count officiating service in a higher post as service for increment in a lower post if he is re-appointed to the lower post. This is not merely an alternative to the ordinary rule in Rule 26(a) which permits such officiating service to count for increment in the higher post].

[C.A.G's Endt. No. 6-A-412/23, Dt. 7-1-1924]

A Government servant can also count this officiating service in the higher post for increments in that post if he is subsequently appointed to it either in an officiating or permanent capacity.

(2) Rule 26(c) should be applied also to officiating Government servants without substantive appointments.

[(3) The intention of Rule 26(c) is to allow the concession, irrespective of whether the higher post is within or outside the Department to which the Government servant belongs]. [Paragraph 8, Chapter IV, Section I of Manual of Audit Instructions]

(4) For the purpose of Rule 26(c), it is not necessary that reappointments to the lower post on reversion from the higher officiating or temporary post should be made immediately in continuation of the duty in the higher post. Any interruption due to leave, or reversion to the permanent post will not deprive a Government servant of the concession of counting his service in the higher post for increments in the lower post, if appointed thereto subsequently.

(5) [Not Printed] .

(6) If a Government servant while officiating in a post is appointed to officiate in a higher post, his officiating service in the higher post will, if he is re-appointed to the lower post, count for increment in the lower post, even though his officiating pay in the higher post is less than his officiating pay in the lower post.

Example :—A Government servant officiating as an Examiner or Copyist on Rs. 47/- per mensem in the scale of Rs. 45-1-50 if appointed to officiate as clerk on Rs. 45 per mensem in the scale of Rs. 45-90 can count his officiating service as clerk on Rs. 45/- per mensem for increment as Examiner in the stage of Rs. 47/-.

(7) In order to allow the period of officiating service in a higher post to count for increment in a lower post under the second sentence of Rule 26(c), a certificate to the effect that the officer would have officiated in the lower post had he not been appointed to officiate in the higher post, should be obtained from the authority competent to appoint the officer to the lower officiating post.

(8) [Not Printed] .

(9) For the purpose of Rule 26(c), the officiating and temporary service in the higher post will include the periods of leave which count for increments in that post under Rule 26(6)(ii).

[(10) The service as Lecturer (Clinical or non-clinical) on the special scale of pay in the teaching line should be counted for increments in the post of Civil Assistant Surgeon in the Andhra Pradesh Medical Service].

[G.O.Ms. No. 2096, Fin., Dt. 29-10-1959]

Implications of Rule 26(a) to (c)

The implications of clauses (a) to (c) of Rule 26 are as under :—

(i) Clause (a) prescribes that all duty, whether in a substantive or officiating capacity, in a post, permanent or temporary, either continuous or in different spells, counts for increment in the time-scale applicable to the posts. All the other clauses provide for circumstances in which interruptions in duty in a post may so count.

(ii) Clause (b) prescribes that Government servant holding a permanent post in a substantive or provisionally substantive capacity, is entitled to count interruptions of duty in that post due to (1) service in another post (Permanent or temporary) whether in a substantive or officiating capacity, or (2) service on deputation or (3) leave with leave salary, for increment in the time-scale applicable to that permanent post. This clause, thus, excludes from its scope interruptions of duty in an officiating capacity in a permanent post or in any capacity in a temporary post, these are covered by clauses (b)(ii) & (c).

(iii) Clause (c) applies where the interruption of duty in an officiating capacity in a permanent post, or in any capacity, in a temporary post, is caused by appointment to a higher permanent post in an officiating capacity, or to a higher post in any capacity. It provides that, subject to the restriction in the penultimate sentence of the clause, such interruption counts for increments in the time-scale applicable to that lower-post, which he held previously, if he is re-appointed to the lower post, whether immediately or on reversion or after break.

[C.A.G's Letter No. 117-A/185-44, Dt. 5-4-1945]

(G.O.Ms.No. 235, Finance & Planning (FW-Pen.II) Dept., Dt. 27-10-1998)

Order :—Orders were issued in the reference 1st read above constituting a Committee of Officers to examine matters relating to Pensioners.

Among others the Committee has recommended that :—

“Where an employee’s date of increment falls due on the day following his retirement, he may be given the benefit of increment notionally purely for the purpose of pensionary benefits, as such cases may be rare and few”.

Government after careful consideration of the above recommendation of Officers Committee hereby order that, where an employee’s date of increment falls due on the day following his retirement, he may be given the benefit of increment notionally, purely for the purpose of pensionary benefits, subject to the condition that this should not be considered for any other purpose.

These orders came into force with immediate effect.

(G.O.Ms.No.10, F & P (FW.PC.II) Dept., Dt. 07-02-1999)

Ref. :— 1. G.O.Ms.No.182, Fin. (PRC.I) Dept., dated 17-7-87.

G.O.Ms.No.142, Fin. (PC.II) Dept., dated 3-4-96.

Judgement of Hon'ble Supreme Court in S.L.P. No.10167/97 and batch cases.

Order :—In the reference 1st read above, on the recommendations of Pay Revision Commission, 1986, the existing scheme of Advance Increments for acquisition of higher qualifications was continued. Accordingly Government issued orders in the reference 1st cited that the Advance Increments last sanctioned in Revised Pay Scales, 1978 be continued beyond 1st July, 1986 to the categories mentioned therein.

However on subsequent orders of Andhra Pradesh High Court, Government accorded sanction in Government Order 2nd cited allowing the Advance Increments to certain other categories under Judicial Departments for acquiring the Degree of Law from any University recognised by University Grants Commission.

In pursuance of the order of the Supreme Court in the reference third read above, Government in partial modification of the orders issued in G.O. second read above hereby order that the Steno-Typists working in the High Court and Subordinate Courts in Andhra Pradesh be entitled to the benefit of Advance Increments as contemplated in G.O. second read above, for acquisition of higher qualification of LL.B. Degree, subject to the following as observed by the Apex Court.

If while working as Steno-Typist they had acquired one Advance Increment upon acquisition of a higher qualification other than the minimum prescribed qualification then they would not be entitled to a further increment while working in the same category of Steno-Typist in the event of their acquiring a LL.B. Degree. Therefore in each cases of Steno-Typists the facts has to be verified.

However, if any of the Steno-Typist are held not entitled to increment on passing LL.B. because he had got one increment upon graduation no recovery of increments already drawn will be made.

[The Heads of the Departments are empowered to count the extraordinary leave taken on account of illness on medical certificate, for prosecuting higher scientific or technical studies for a period not exceeding six months towards the grade increment, [in respect of Government servants], working under them].

[G.O.Ms.No. 43, Fin. & Plg., Dt. 5-2-76 & G.O.Ms.No. 261, Fin & Plg., Dt. 23-6-1976]

F.R. 26 deals with the service that counts for increments. The following are generally the principles that govern the calculation of service for purposes of increments—

(1) All duty in a post on a time-scale counts for increments —Clause (a).

Example I :—A holding in a lien on a permanent post of L.D.C. in time-scale for Rs. 425-10-455-15-650 drew his fourth increment on 1-11-81. He was on extraordinary leave for purposes of pilgrimage from 1-1-82 to 31-1-1982. His date of next increment will be calculated as follows :—

Explanation :—Under clause (a) such period as does not count for increment shall be added to the normal date of increment.

(2) Service in another post other than post carrying less pay referred to in F.R. 15(a), service on deputation out of India and leave other than extraordinary leave counts for increment in the time-scales attached to a post on which the Government has a lien or would hold a lien had it not been suspended—Clause (b).

Example II :—A permanent U.D.C. in the Office of the Collectorate has been posted as U.D. Accountant in the Pay and Accounts Office. The period of his service as U.D. Accountant counts for his increments in the time-scale attached to his permanent post of U.D.C. in the Collectorate.

Example III :—Mr. A, an Assistant Director of Fisheries having a lien on that post has been deputed to Newfoundland to study the latest techniques of fishing for a period of six months. That period of deputation will count for increments.

(3) All leave, other than extraordinary leave, and the period of deputation outside India counts for increments in the officiating post to the extent the incumbent would have continued in the officiating post —Clause (c).

Example IV :—Mr. A, a permanent Superintendent in the Directorate of Industries drawing a basic pay of Rs. 1060/- on 1-4-80 in the time-scale of Rs. 700-30-1060-35-1200 has been officiating as Assistant Director from 1-4-1980 drew his first increment in the time-scale applicable to the post of Assistant Director (1050-40-1250-1600) on 1-4-1981. He proceeded on two months earned leave from 1-5-1981 to 30-6-1981. But in the meantime he has been reverted for want of vacancy as Superintendent with effect from 31-5-1981 (AN). He has again been repromoted as Assistant Director with effect from 1-10-81 F.N. He proceeded on extraordinary leave to look after his private affairs from 1-1-1982 to 31-1-1982. He will draw his increment in the permanent post of Superintendent and in the officiating post of Assistant Director as follows :

(A) In his permanent post of Superintendent :—

Note :—All his service in the post of Assistant Director counts for increments in his permanent post under F.R. 27(b)(i).

All the period of earned leave counts for increments in his permanent post under F.R. 26(b)(ii). But the period of extraordinary leave taken which is neither due to illness nor reasons beyond the incumbent's control does not count for increments in any category.

(B) In his officiating post of Asst. Director :—

Note :—Normally the entire period of earned leave taken by him would have counted for increments in the officiating post of Assistant Director, but for the fact he was under reversion from 31-5-1981 (AN). So his earned leave period from 1-5-1981 to 30-6-1981 does not count for increments. He has been on reversion upto 30-9-1981 (AN). So the period of reversion from 31-5-1981 (AN) to 30-9-1981 (AN), that is, four months does not count for increments. Besides this the period of one month during which he was on extra-ordinary leave also does not count for increment in the officiating post, with the result six months have to be added to his normal date of increment.

(4) Officiating or temporary service in a higher post counts for increments in the lower officiating or temporary post.

(5) Foreign Service counts for increments in the post on which a Government servant has a lien or in the officiating post held by him to the extent he would have held that post but for his proceeding on foreign service.

(6) Joining time counts for increments subject to the conditions in clause (f) of F.R. 26 of that post under F.R. 9(24).