F.R. 9

Relation between Special Pay and Compensatory Allowance

(1) The Fundamental Rules make a distinction in the definition of the “ Special pay ” and “ Compensatory allowance ”. These definitions should be strictly construed and an exact compliance with the conditions stated in them is necessarily antecedent to the grant of either special pay or compensatory allowance. The President of the Republic of India has pointed out that no necessary interdependence can be recognised between special pay and compensatory allowance and that it would be irregular to refuse to grant compensatory allowance to a Government servant when the cost of living would justify such a grant on the ground that he had already been granted special pay in consideration of the duties and responsibilities of his post or to reduce the amount of special pay granted to an officer on the ground that for reasons essentially different a compensatory allowance is subsequently granted.

Allowances for loss of privilege of private practice

(2) Any allowances granted to Professors of Medical Colleges to compensate them for loss of the privilege of private practice should be treated as compensatory allowances.

(6) “ Duty ”—

(a) Duty includes— (i) Service in India as a probationer or apprentice, provided that such service is followed by confirmation;

(ii) Joining time;

(iii) [Deleted] ;

(iv) [Omitted by G.O.Ms.No. 30, Fin. & Plg., Dt. 2-3-95]

[Omitted]

(b) The State Government may issue orders declaring that, in circumstances similar to those mentioned below, a Government servant may be treated as on duty :

(i) During a course of instruction or training in India;

(ii) In the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through a course of training at an university, college or school in India during the interval between the satisfactory completion of the course and his assumption of duties.

(ii-A) The State Government may declare that in the case of any particular class of Government stipendiary students, a period of training as a stipendiary before substantive appointment as a Government servant shall count for leave and increment of pay subject to any conditions which may be imposed in such declaration.

(iii) During preparation in India for an examination in any oriental language.

(iv) [Omitted by G.O.Ms.No. 30, Fin. & Plg., Dt. 2-3-95]

(1) to (4) [Not Printed] (5) The absence of a Government servant from duty during the period of training for courses of instructions and periods spent in camps should be treated as special casual leave when the period of training is for one month or less.

In case where Government servants are deputed to undergo training for a longer period, the persons concerned should be treated as on duty under Rule 9(6)(b).

The absence from duty for interview or for attending medical examination at the time of initial recruitment should also be dealt with on the above lines.

(6) to (8) [Not Printed]

(9) The refresher course of training for Compounders and Maternity Assistants referred to in Item 9 under "Medical and Public Health" in Annexure I to the Fundamental Rules should be limited to a maximum period of three months in each case.

(10) & (11) [Not Printed]

(12) In the case of officers of the Education Department deputed to undergo a course of training recognized by the Educational Rules, (1) the period of training as stipendiary before substantive appointment as a Government servant; and (2) the periods spent in transit to and from the training institution will count both for leave and increment in the post held prior to such training.

Compulsory wait for orders of posting

(13) When a Government servant on return from leave has compulsorily to wait for orders of posting, such periods of waiting should be treated as duty. During such periods he will be entitled to pay according to Rule 20.

(14) When Government servants are sent abroad under the various training schemes of the United Nations, the Colombo Plan, etc., the period of deputation will be treated as 'duty' and full pay allowed for the entire period.

[Memo. No. 548/F.R./56-1, Finance, Dt. 2-2-1956]

(15) The period of absence from the duty of the members of the Andhra Pradesh Civil Services Joint Staff Council in attending its meeting including journey time, if any, will be treated as duty. [G.O.Ms.No. 16, Fin., Dt. 18-1-1962]

(16) The period of enforced halts occurring enroute on tour journeys of Government employees necessitated by breakdown of communications due to blockade of roads on account of floods, rains, heavy snowfall, landslides, etc., or delayed sailing of ships shall be treated by the Departments of Secretariat as duty.

[G.O.Ms.No. 260, Fin., Dt. 31-10-1968]

(17) The period of absence on deputation, on training in methods of teaching English as foreign language undergone by Government servants in all cases of scholarships sponsored by the British Council under various schemes, can be treated as duty only in the cases of selections made by the Government after inviting applications from eligible candidates. [G.O.Ms.No. 279, Fin., Dt. 22-8-1970]

(18) Absence of Government employees (men of letters and arts) working in the Educational Institutions or Departments under the control of the Govern- ment, when they attend the Conferences/Seminars/Exhibitions/Competitions of All India level or sponsored/recognised by the Andhra Pradesh Sahitya Academy, Andhra Pradesh Sangeetha Natak Academy, Andhra Pradesh Lalita Kala Academy and Andhra Pradesh Academy of Sciences, shall be treated as duty to the extent of 15 days in a year, subject to the condition that they should participate in the above events with the prior permission of the Head of the Department or the Institution as the case may be.

[G.O.Ms.No. 279, Finance, Dt. 22-8-1970]

(19) [Not Printed]

(20) The absence from the headquarters of a Government servant on appointment as an Examiner in respect of the examinations conducted by the Union Public Service Commission, Andhra Pradesh Public Service Commission/State Board of Technical Education and Training/Director of Employment and Training/Board of Secondary Education/Commissioner for Government Examinations, or any assignment as paper setter, moderator or examiner by the Institute of Secretariat Training and Management of the Government of India to the extent of three days for conducting practical tests at another place may be treated as duty and the rest of the period, if any, may be treated as leave to which the Government servant may be eligible.

[G.O.Ms.No. 472, Finance, (F.R.I.), Dt. 21-10-1972]

[ Not Printed ]

(14) " Local Fund " means—

(a) revenues administered by bodies which by law or rule having the force of law, come under the control of Government whether in regard to proceedings generally, or to specific matters such as the sanctioning of their budgets, sanction to the creation or filling up of particular posts, or enactment of leave, pension or similar rules ; and

(b) the revenues of any body which may be specially notified by the Government as such.

(15) [ Omitted by G.O.Ms.No. 30, Fin. & Plg., Dt. 2-3-1995]

(16) [ Not Printed ]

(17) " Ministerial servant " means a Government servant of a subordinate service whose duties are entirely clerical, and any other class of servant specially defined as such by general or special order of the State Government.

The definition of “ Ministerial Servant ” under Rule 9 (17) is applicable only for purpose of Fundamental Rules and it is not dependent on the Service Rules regulating recruitment, etc., to the several services.

(18) “ Month ” means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently.

Calculation of Calendar Months

Calculation of a period expressed in terms of months and days

(a) To calculate 3 months and 20 days on and from the 25th January, the following method should be adopted :

(b) The period commencing on 30th January and ending with 2nd March should be deemed as 1 month and 4 days as indicated below :

(19) “ Officiate ” a Government servant officiates in a post when he performs the duties of a post on which another person holds a lien. Government may, if it thinks fit, appoint a Government servant to officiate in a vacant post on which no other Government servant holds a lien. The authority which has power to make a substantive appointment to a vacant post may appoint a Government servant to officiate in it.

[Not Printed]

(21) (a) "Pay" means the amount drawn monthly by a Government servant as :—

(i) the pay, other than special pay or granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reasons of his position in a cadre ; and

(ii) [ x x x ] special pay and personal pay ; and

[Omitted by G.O.Ms.No. 30, Fin. & Plg. Dt. 2-3-1995]

(iii) any other emoluments which may be specially classed as pay by Government.

Note 1 & 2 :—[Not Printed]

(b) [Omitted by G.O.Ms.No. 30, Fin. & Plg. Dt. 2-3-1995]

(1) [Not Printed]

(2) The following are not allowed to count as pay. (The list is not necessarily exhaustive) :—

(a) Fees paid to Law Officers in addition to their pay, unless the State Government declares them to be pay; and

(b) Hill allowances.

(c) [Not Printed]

(3) [Not Printed]

(22) "Permanent post" means a post carrying a definite rate of pay sanctioned without limit of time.

(23) "Personal pay" means additional pay granted to a Government Servant—

(a) to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure;
or

(b) in exceptional circumstances, on other personal considerations.

(24) "Presumptive pay of a post" :—When used with reference to any particular Government servant means the pay to which he would be entitled if he held the post substantively and were performing its duties ; but it does not include special pay unless the Government servant performs or discharges the work or responsibility, in consideration of which the special pay was sanctioned. (Sub. by G.O. Ms. No. 377, Fin., Dt. 21-10-71)

The first part of the definition is intended to facilitate the use of the term in relation to a Government servant who has been absent from post for sometime but still retains a lien on it.

(25) "Special pay" means an addition, of the nature of pay, to the emoluments of a post or of a Govt. servant, granted in consideration of—

(a) the specially arduous nature of the duties ; or

(b) a specific addition to the work or responsibility;

(c) [Omitted by G.O.Ms.No. 377, Fin., Dt. 21-10-1971]

(1) & (2) [Not Printed]

(3) Typist-clerks and typists of the vacation department may draw special pay during the vacation period.

(4) to (6) [Omitted by G.O.Ms.No. 378, Finance, Dt. 21-10-1971]

(7) [Not Printed]

(8) The following principles are being followed in the matter of granting special pay :

(a) Special pay should be granted only when the conditions of Rule 9(25) strictly apply. It should not be given merely for the purpose of improving the prospects of a service or for the purpose of serving as a substitute for or an addition to, a selection grade of pay.

(b) The posts in the ordinary time-scale of service will naturally vary in intensity and responsibility, but this is no ground ordinarily for granting special pays to the holders of the heavier charges. If owing to circumstances a junior officer has to hold one of the more responsible regular charges he is thereby given an opportunity of proving his fitness for higher posts.

(c) The placing of an officer on special duty does not necessarily mean that his work becomes specially arduous or so increased in quantity and responsibility to justify special pay. An officer's posting is in the hands of Government and he has no right to refuse a post which Government in the cause of the public service allots him. This applies also to officers transferred by agreements between two Governments from one Government to another. A protest against a posting should be formally admitted only on the ground of loss of pay or prospects and even on these grounds Government is the final arbiter.

(d) A comparison between the circumstances of one officer and another or of one service and another should not be accepted necessarily as an argument for the grant or for the enhancement of special pay.

For certain regular posts it has been found convenient not to fix a specific rate of pay but to remunerate their holders in the form of grade pay plus special pay. The Government of India have observed that while in the main the principles set out above apply to such special pay, there are certain obvious differences between the circumstances of such posts and the class of posts to which frequent proposals to attach special pay arise.

(26) Cancelled.

(27) " Subsistence allowance " means a monthly grant made to a Government servant who is not in receipt of pay or leave salary.

(28) " Substantive pay " means the pay other than special pay, personal pay, or emoluments classed as pay under Rule 9(21)(a)(iii), to which a Govt. servant is entitled on account of a post to which he has been appointed substantively or by reasons of his substantive position in a cadre.

Note :—In the case of a person with a lien on a permanent post under the Central Government or a State Government other than Andhra Pradesh, ' Substantive Pay ' means the 'Substantive Pay' as defined in the relevant rules of the Central Government or the State Government, as the case may be, under which such person has a lien.

[G.O.Ms.No. 1001, Finance, Dt. 27-9-1957]

[Not Printed]

(29) [Omitted by G.O.Ms.No. 30, Fin. & Plg., Dt. 2-3-95]

(30) " Temporary post " means a post carrying a definite rate of pay sanctioned for a limited time.

(30-A) " Tenure post " means a permanent post which an individual Government servant may not hold for more than a limited period.

Note :—In case of doubt, Government may decide whether a particular post is or is not a tenure post.

(31) (a) " Time scale of pay " means pay which subject to any condition prescribed in these rules, rises by periodical increments from a minimum to maximum. It includes the class of pay hitherto known as progressive. (b) Time scales are said to be identical if the minimum, the maximum period of increment and the rate of increment of the time scales are identical.

Note :—[Not Printed]

(c) A post is said to be on the same time scale as another post on a time scale if the two time scales are identical and the posts fall within a cadre, or a class in a cadre, such cadre or class having been created in order to fill all posts involving duties of approximately the same character or degree of responsibility, in a service of establishment or group of establishments; so that the pay of the holder of any particular post is determined by his position in the cadre or class and not by the fact that he holds that post.

Time scale of pay

Cir. Memo. No. 43877/6821A2/FR. 1196, Dt. 1-1-1997.

Cir. Memo. No. 11854-A1233/A21FR 1/98, F & P, Dt. 28-3-1998.

(6-A) “ Fee ” means a recurring or non-recurring payment to a Government servant from a source other than the Consolidated Fund of India or the Consolidated Fund of the State, whether made directly to the Government servant or indirectly through the intermediary of Government.

Note (1) :— The following shall not be regarded as fees :— (a) When a work is assigned to a Government servant by earned income, such as income from property dividends, and interest on securities; and

(b) Income from literary, cultural, artistic, scientific or technological efforts, if such effort is not aided by the knowledge acquired by the Government servant in the course of his service.

[G.O.Ms.No. 218, Finance, Dt. 2-7-1973]

Note (2) :—When a work is assigned to a Government servant by a non-Government party, the payment received by him therefor shall be treated as ‘ fee ’ irrespective of whether it is received direct from that party or through his employer. But when a Government Department undertakes the work for a non-Government Organization, and in its turn assigns the work to a Government servant, suited for the purpose, the payment therefor made to the Department shall be treated as part of revenues of the Government. The subsequent payments made to the Government servant concerned from the Consolidated Fund of the Government shall be treated as ‘ honorarium ’.

[G.O.Ms.No. 86, Finance, Dt. 22-4-1966]

(7) “ Foreign service ” means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of the Union or of the State or of the Union Territory. (8) " General Revenues of India " include the revenues allocated to State Government and exclude the revenues of local funds.

(9) " Honorarium " means recurring or non-recurring payment granted to a Government servant from Consolidated Fund of India, or the Consolidated Fund of the State as remuneration for special work of an occasional or intermittent character.

Note :—When a work is assigned to a Government servant by a non-Government party, the payment received by him therefor shall be treated as ' fee ' irrespective of whether it is received direct from the party or through his employer. But when a Government Department undertakes the work for a non-Government Organisation, and in its turn, assigns the work to the Government servants suited for the purpose, the payment therefor made to the Department shall be treated as part of the revenues of the Government. The subsequent payments made to the Government servants concerned from the Consolidated Fund of the Government shall be treated as ' honorarium '.

[G.O.Ms.No. 86, Finance, Dt. 22-4-1966]

(10) " Joining time " means the time allowed to a Government servant in which to join a new post or to travel to or from a station to which he is posted.

(11) [ Not Printed ]

(12) " Leave salary " means the monthly amount paid by Government to a Government servant on leave.

Note :—See Annexure XIII G.O.(P).No. 21, Fin. & Plg., Dt. 19-1-1994 for D.A. during Half Pay Leave.

(13) " Lien " means the title of a Government servant to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.

A post vacated by a Government servant who has been dismissed should not be filled, substantively, pending the result of such appeal as the rules permit.

(20) [Not Printed]

A list of authorised courses of instruction or training, of the Government servants who may be deputed and of the authorities competent to depute them is given in Annexure I.

Under Rule 9(6), sub-clause (b)(iii)

The number of days actually required by a Government servant for proceeding to and returning from the station at which an obligatory departmental examination or an optional departmental examination which he is permitted to attend is held will be treated as a period of duty in addition to the day or days of examination. The concession shall not be granted more than twice for the same optional examination.

Formulae (1) to (8) — [Not Printed]

Average Cost = Minimum + (Maximum-Minimum) 3/4-X/60

where x is the length of time-scale minus 5.

[D.G., P. & T. NDNo. 1-32/75-PAP, Dt. 26-9-1975]

(32) “ Travelling allowance ” means an allowance granted to a Government servant to cover the expenses which he incurs in travelling in the interest of the public service. It includes allowances granted for the maintenance of conveyance.

Subsidiary Definitions

(i) A competent authority in respect of any officer is insofar as any power delegated under these rules is concerned, the authority to which such power has been delegated, and, where no such specific delegation has been made, the competent authority is unless otherwise stated, the authority in whom the power to appoint such officer has been, or is, vested from time to time by the State Government.

(ii) Heads of Departments :—For the purpose of these rules the term “ Heads of departments ” should be held to include the following officers :—

The High Court

1-A. The Chief Justice in respect of establishments in the High Court

The Director of Medical Education

2(a). The Director of Public Health

2(b). The Director of Family Welfare

The Commissioner of Land Revenue

The Secretaries to Government

The Chief Engineers to Government

6(a). The Director of School Education

6(b). The Director of Adult Education

6(c). The Director of Intermediate Education

The Inspector-General and Inspector-General of Police

The Director-General and Inspector-General of Prisons and Director of Correctional Services

The Chief Conservator of Forests

The Commissioner of Police

The Director of State Ports

The Inspector-General of Registration and Stamps

The Director of Agriculture

The Registrar of Co-operative Societies

The Commissioner of Labour

The Director of Industries and Commerce

The Director of Animal Husbandry

The Commissioner of Excise

The Commissioner for Government Examinations

The Director of Municipal Administration

The Director of Treasuries and Accounts

The Transport Commissioner (Chairman, State Transport Authority)

The Director of Fisheries

The Commissioner, Endowment Department

The Tribunal for Disciplinary Proceedings

The Presiding Officer, Industrial Tribunal

The Translator to Government

The Director of Indian Medicine and Homeopathy

The Chairman, Andhra Pradesh Public Service Commission

The Director of Technical Education

The Director of Insurance, Andhra Pradesh

The Director of Marketing

The Director of Social Welfare

The Director of Archaeology and Museums

Director of State Archives

Director of Public Libraries

Commissioner of Printing, Stationary and Stores Purchase Department

Director of Employment and Training

Controller of Weights and Measures

Chief Electrical Inspector to Government

Director of Government Gardens

Director of Commerce and Export Promotion

Director of Bureau of Economics and Statistics

Pay and Accounts Officer, Hyderabad Director of Tourism, Hyderabad

Director of Sugar, Hyderabad

Director, Backward Classes Welfare, Hyderabad

Presiding Officer, Industrial Tribunal, Hyderabad

Presiding Officer, Labour Court, Hyderabad

Presiding Officer, Labour Court, Guntur

Director, Andhra Pradesh Rajya Sainik Board, Hyderabad

Chief Inspector of Factories and Boilers

Director of Handlooms and Textiles

Director of Local Fund Audit

Registrar, Andhra Pradesh Administrative Tribunal

Commissioner, Institute of Administration

Director of Weaker Sections Housing Schemes

Director of Mines and Geology

Director of Horticulture

Director of Women and Child Welfare

Registrar, Institution of A.P. Lokayukta

Director for Welfare of Handicapped

Special Officer, Kolleru Lake Development

Director, Andhra Pradesh Govt. Oriental, Manuscripts, Library & Research Institute

Director, Ground Water Development

Director, Cultural Affairs

Director of Prosecutions

Comptroller, Government House Department

The Special Officer, Government Pleaders Office, High Court

Commissionerate of Collegiate Education/Directorate of Collegiate Education, A.P.

Presiding Officer, Industrial Tribunal II, Hyderabad.

Presiding Officer, Labour Court II, Hyderabad.

Presiding Officer, Labour Court III, Hyderabad.

Director of Sericulture.

Chairman, Industrial Tribunal-cum-Labour Court, Visakhapatnam.

Presiding Officer, Labour Court, Warangal.

Presiding Officer, Labour Court, Ananthapur.

President, A.P. State Consumer Disputes Redressal Commission.

Member Secretary, A.P. State Legal Services Authority. (w.e.f. 26-11-1996)

Engineer-in-Chief (AW), Irrigation & Command Area Development Department, Hyderabad (w.e.f. 27-05-2006)

In the case of officers who are not subordinate to any of the above Heads of Departments, questions which call for disposal by heads of departments should be referred to the Secretary to Government in the department concerned.

(iii) ' Last grade service ' includes all service in the following appointments unless declared, by the State Government to be superior : (a) Service as attender or chobdar, daffadar [or Jamedar].

[G.O.Ms.No. 307, Fin., Dt. 22-10-80]

[(b) Service in the posts, the pay of which (if fixed) or the maximum of the scale of pay attached to which does not exceed —

(i) Rs. 475/- per mensem under the Revised Pay Scales, 1978; or

(ii) Rs. 1,150/- per mensem under the Revised Pay Scales, 1986; or

(iii) Rs. 2,375/- per mensem under the Revised Pay Scales, 1993.

Any other service is superior service.

Note :— Any post which was treated as superior service post by virtue of its earlier status irrespective of pay shall be treated as superior service post only.]

[G.O.Ms.No. 26, Fin. & Plg., Dt. 21-1-1994]

1 to 14 under existing Note not printed.

General Conditions of Service