(1) When a Government servant who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation [while under suspension or not] the authority competent to order reinstatement shall consider and make a specific order,—
[Subs. by G.O.Ms.No. 384, Fin. & Plg. (FW-FR-I) Dept., Dt. 7-12-94]
(a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be ; and
[Subs. by G.O.Ms.No. 384, Fin. & Plg. (FW : FR-I) Dept., Dt. 7-12-94]
(b) whether or not the said period shall be treated as a period spent on duty.
(2) Where the authority competent to order reinstatement is of opinion that the Government servant who had been dismissed, removed or compulsorily retired has been fully exonerated, the Government servant shall, subject to the provisions of sub-rule (6), be paid the full pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be :
Provided that where such authority is of opinion that termination of the proceedings instituted against the Government servant has been delayed due to reasons directly attributable to the Government servant, it may after giving him an opportunity to make his representation 1 [within sixty days from the date on which the communication in this regard is served on him] and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing that the Government servant shall, subject to the provisions of sub-rule (7), be paid for the period of such delay, 2 [only such amount (not being the whole) of such pay and allowances] as it may determine. 1 [Ins. by G.O.Ms.No. 384, Fin. & Plg. (FW : FR-II) Dept., Dt. 7-12-1994]
2 [Subs. by G.O.Ms.No. 384, Fin. & Plg. (FW : FR-II) Dept., Dt. 7-12-1994]
(3) In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period spent on duty for all purposes.
[(4) In cases other than those covered by sub-rule (2) including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or the reviewing authority solely on the ground of non-compliance with the requirement of clause (1) or clause(2) of Article 311 of the Constitution and no further inquiry is proposed to be held the pay and allowances payable to the Government servant for the period of dismissal, removal or compulsory retirement or suspension prior to such dismissal, removal or compulsory retirement, as the case may be, shall be limited to the subsistence allowance entitled / already paid under FR 53, for the entire period during which the Government servant was not on duty].
[Subs. by G.O. Ms. No. 30, Finance (FR-II) Dept., Dt. 15-02-2007]
(5) In a case falling under sub-rule (4), the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement as the case may be, shall not be treated as a period spent on duty, [ x x x ] : [Omitted by G.O.Ms.No. 3, Fin., Dept., Dt. 4-1-2006]
Provided that if the Government servant so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be shall be converted into leave of any kind due and admissible to the Government servant. Note :—The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of.—
(a) extraordinary leave in excess of three months in case of non-permanent Government servant : and
(b) leave of any kind in excess of five years in the case of permanent or non-permanent Government servant.
[(c) that the Extraordinary leave granted after exhaustion of all available leave under the above clause may be counted for the purpose of notional increments and pension].
[G.O.Ms.No. 307, Fin. (FR-II) Dept., Dt. 3-12-2012]
(6) The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which, such allowances are admissible.
(7) [The amount] determined under the proviso to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under Rule 53.
[G.O.Ms.No. 384, Fin. & Plg. (FW : FR-II) Dept., Dt. 7-12-1994]
(8) Any payment made under this rule to a Government servant on his reinstatement shall be subject to adjustment of the amount, if any, earned, by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the Government servant.