FR - SR PX
FR - SR PX
Postapex Classes
Introduction
• Fundamental Rules (FRs) are the set of general rules applicable all
Government Servants whose pay is debitable to the Civil
Estimates and to any other class of Government Servants too
which the President of India, by general or special order, declare
them to be applicable.
• The different provisions of these Rules are supplemented by
further elaboration through Supplementary Rules (SR).
Constitutional Provisions
• Article 372 of the Constitution
stipulates that all the laws in force
in the territory of India immediately
before the commencement of this
Constitution shall continue in
force therein until altered or
repealed or amended by a
competent Legislature or other
competent authority.
Content of FR
• The Fundamental Rules cover entire span of events/ situations
which occur from the day of joining to the payment of pension
post retirement.
FRSR Source
▪ For convenience Swamy’s Compilation of FRSR is logically divided parts.
▪ Earlier there were 05 parts with Part IV – DA and Part V – HRA & CCA.
Later these 02 parts has been merged into Part IV – DA, DR & HRA.
▪ Chapter XIII: Service under Local Funds. (FR 128 – FR 130) = Not Printed
▪ *Chapters on Leave from both FR & SR, as has become more of historic significance than of
current application stands deleted / not printed, & instead CCS (Leave) Rules, 1972 is brought
out as FRSR Part III.
▪ ** FR 105 – FR 107 is not printed and reference has been made to CCS (Joining Time) Rules,
1979 given at Appendix 10 of FRSR Part I.
Chapter 1: Extent of Application
Commencement and Application
• FR-1:
• This Rule has come into existence w. e. f. 01.01.1922
• FR-2:
• It applies to Government servant (G.S.) whose pay is debitable to civil
estimates.
• It also applies to any other class of G.S. which president may by general or
special order declare to be applicable.
• It also applies to civilian G.S. who is temporarily transferred to service paid
from defense estimates. (as per G.I.D)
• It also applies to Personnel of defense account departments. (as per G.I.D)
Non Applicability
• FR-3: G.S. whose condition of service governed by Army or
Marine (Navy) regulations.
Causing undue hardship
• FR 5A: Where the Ministry or Department is in the opinion that
operation of any of these rules cause undue hardship to any
person, that ministry for reasons to be recorded in writing, may
relax the provision on concurrence of Ministry of Finance.
Power of Delegation
• FR-6: The Central Government may delegate all powers as it may
think fit except:
• Powers to make rules and
• Some other powers specified in certain Rules (such as Rule 6, 9
(6) (b), 44, 45-A, 45-B, 45-C, 83, 121 and 127.
• FR-7: Powers shall be exercised or delegated with consultation
with Ministry of Finance.
Power of Interpretation
• FR-8: The power of interpreting rules is reserved to the President.
Chapter 2: Definition
FR-9. Definition
• (1) Act: Means Government of India Act
• (1-A) Administrator: means of administrator of Union Territories
(UT) appointed by President under Article 239 of Constitution
• (1-B) Allotment: means grant of a license to occupy a house or
its portion which is owned, leased or requisitioned by Govt. for
use as residence.
FR-9. Definition
• (4) Cadre: Means the strength of a service or part of a service
sanctioned as a Separate Unit.
• (5) Compensatory Allowance: means allowance granted to meet
personal expenses necessitated by special circumstances in which
duty is performed.
This includes
• Travelling Allowance
• Transport Allowance
• House Rent Allowance
This doesn’t include
• sumptuary allowance
• grant of free passage by sea to or from any place out side India.
FR-9. Definition
(6) Duty: means-
• service as probationers or apprentice if followed by
confirmation.
• Joining Time.
• Period of undergoing a course of instruction or training in
India.
• In case of a student or stipendiary who is entitled to be
appointed to a Govt. Service on completion of a course,
interval between satisfactory completion of course &
assumption of duties.
GIDs
• For attending departmental examination which is obligatory in
nature (ex- SB Aptitude Test), the day or days of exam and journey
period shall be treated as duty.
• Period of appearing Hindi Examination (day of exam and journey
period) shall be treated as duty.
• For attending departmental promotion exam, which is not
obligatory, special casual leave shall be granted for day / days of
exam and minimum required journey period.
• Exam in both half- Not to attend duty
• Exam in one half- Have to attend duty unless exempted or
distance do not allow.
GIDs
• Period of enforced halt (for reasons such as road blockade duty flood,
rain, heavy snowfall, landslides etc)shall be treated as duty.
• Time spent by civil servant in territorial army will be treated as duty.
• Period spent by Civil Servant on Civil Guard training or duty shall be
treated as duty.
• A period of refresher training for Section Officers at Secretariat Training
School shall be treated as duty.
• Training at National Defence College for IAS, IFS, IPS, IA & AS, Defence
Accounts Service, Postal and Revenue Services shall be treated as
duty.
• Gazetted Govt. Servant nominated for training in India, should be
relinquished from his post and prepare a charge report even if no
arrangement has been made in his place.
GIDs
• Period of waiting on joining from leave for posting orders shall be
treated as duty.
• Period of training before appointment shall be treated as duty
for increment.
• Period of training before appointment to Group C and D posts
counts as qualifying service for pension.
FR 9 (6-A): Fee
• Fee means a recurring or non recurring payment to a
Government Servant from a source other than consolidated fund
of India/ State/ UT.
• This does not include:
• Income form property, dividends and interests on securities.
• Income from literary, cultural, artistic, scientific or technological efforts
and income from participation in sports activities as amateur.
FR 9 (7): Foreign Service
• A service in which an official receives his pay with the sanction of
Government from any source other than the Consolidated
Fund of India or the Consolidated Fund of a State or the
Consolidated Fund of a Union territory.
FR 9 (9): Honorarium
• means recurring or non recurring payment from consolidated
fund of India/state/UT as remuneration for special work of an
occasional or intermittent (occurring on irregular interval)
character.
• The Overtime Allowance/ Overtime Pay payable to employees of
DOP comes under honorarium.
• Conditions governing grant of Honorarium is detailed in FR 46.
Joining Time - Leave Salary
• FR 9 (10)- Joining Time (Appendix-10)
• means time allowed to join a new post or to travel to or from a
station to which posted.
• FR 9(12)- Leave Salary
• means monthly amount paid to G.S. on leave.
FR 9 (13)- Lien
• Lien represents the right/title of a Government Employee to
hold a post including tenure post, to which he has been
appointed on regular basis and on which he is not on
probation.
• The title to hold a regular post is subject to the condition that the
junior most person in the grade will be liable to be reverted to
lower grade if number of person available is more than the
number of posts in that grade.
Lien on a Post
• A Government Servant who has acquired a lien on a post retains a lien on
that post-
• While performing the duties of that post.
• While on foreign service or holding a temporary post or officiating in another post.
• While on Leave
• While on Suspension.
• During joining time on transfer to another post unless he is transferred
substantively to a post on lower pay.
• If he is transferred substantively to a lower post, his lien is transferred
to the new post from the date on which he is relieved of his duties in old
post.
• Lien is retained in old post for 2 years or 3 years in exceptional cases.
• A Govt. Servants lien on a post stands terminated on his acquiring a lien
on a permanent post under CG or SG.
Local Fund, Military Commissioned Officer
• FR 9(14): Local Fund – Means revenue administered by bodies
under the control of Government in different matters such as-
budget, creation and filling up of posts, leave, pension etc.
• FR 9(16) (a): Military Commissioned Officer – means
commissioned officer other than departmental commissioned
officer or a commissioned officer of Indian medical dept but it
does not include warrant officer.
• Example: Lieutenant, Colonel, Major etc.
• FR 9(16) (b): Military Officer – means any officer falling within
definition of military Commissioned officer including warrant
officer, departmental commissioned officer or commissioned
officer of Indian Medical Department.
Ministerial Servant- Months
• FR 9(17): Ministerial Servant – Means G.S. of a subordinate
service whose duty is entirely clerical.
• FR 9 (18): Months- Means a Calendar month irrespective of
numbers of days.
Officiate and Overseas Pay
• FR 9(19): Officiate: Means performance of duty of a post on which
another person holds a lien.
• A G.S. may be appointed to officiate in a vacant post on which no
other G.S. holds a lien.
• FR 9 (20): Overseas Pay: Means pay granted to Government
Servant in consideration of fact that he is serving in a country
other than a country of domicile.
Pay
• FR 9(21) (a): Pay: Means amount drawn monthly in the prescribed
level in the pay matrix as per CCS (Revised Pay) Rule,2016 as -
• (i) the basic pay, other than special pay or pay granted in view of personal
qualification for holding a post substantively or in officiating capacity.
• (ii) Overseas pay, spe cial pay and personnel pay.
• (iii) Any other emoluments specially classed as pay by the President.
• Pay also includes Non Practice allowance (NPA) in medical dept.
• NPA shall be paid at the rate of 20% of the basic pay.
• Sum of Basic Pay and NPA shall not exceed Rs 2,37,500/-.
Permanent Post, Personal Pay
• FR 9 (22)- Permanent Post – means post carrying definite rate of
pay sanctioned without limit of time.
• FR 9 (23)- Personal Pay – means additional pay granted to:
(a) Save from loss of substantive pay in respect of a permanent post other
than a tenure post due to revision of pay or any reduction of such
substantive pay otherwise than as a disciplinary measure.
(b) In exceptional circumstances on other personal consideration.
FR 9(24)- Presumptive Pay
• Presumptive pay of a post – means pay to which G.S. would be
entitled if he held the post substantively and were performing its
duties but does not include special pay unless G.S. performs or
discharges the works or responsibility in consideration of which
the special pay was sanctioned.
FR 9(25)- Special Pay
• Special pay – means addition to pay granted
inconsideration of
(a) Specially arduous nature of duties or
(b) specific addition to work or responsibility
FR 9(27)- Subsistence Grant
• Means monthly grant to a G.S. who is not in receipt
of pay or leave salary.
• E.g. Subsistence Allowance paid to Suspended
Officials.
FR 9(28)- Substantive Pay
• Means pay other than special pay, personal
pay or other emoluments classed as pay under
F.R. 9(21)(a)(iii) (by President) to which G.S. is
entitled on account of a post to which he has
been appointed substantively or by reason of
his substantive position in a cadre.
Temporary Post, Tenure Post, Time Scale Pay,
Travelling Allowance
• FR 9 (30)- Temporary Post – means post carrying a
definite rate of pay sanctioned for a limited time.
• FR 9 (30-A)- Tenure Post – means permanent post
which an individual G.S. may not hold for more than a
limited period.
• FR 9 (31-A)- Time scale pay – means pay which rises
by periodical increments from a minimum to a
maximum.
• FR 9 (32)- Travelling allowance – means allowance
granted to G.S. to cover expenses incurred in
travelling in the interest of public service including
allowances granted for maintenance of conveyances,
horses and tents.
Chapter-III: General Conditions of Service
FR 10- Production of Medical Certificate
• No Person may be appointed in India to a post in Government
Service without a medical certificate of his/her health.
• No discretion is permissible to any authority to ignore certificate
declaring one unfit.
• In exceptional cases of urgency, it may occasionally become
necessary to appoint an individual straightaway and arrange for
medical later on.
• Pay and allowances for a period not exceeding two months in
respect of fresh recruits to G.S. health may be drawn without
production of a medical certificate.
FR 10- Production of Medical Certificate
• This drawl is subject to the condition that if later on he/she is found
medically unfit, his/her services should be terminated after the expiry
of the period of one month from the date of communication to him of
the findings of the medical officer/board if no appeal for a second
medical examination is made by employees.
• This condition should be clearly stated in the initial letter of
appointment.
• An entry in Service Book shall be made under the signature of Head of
Office that the GS has furnished Medical Certificate of Fitness.
FR 11- Whole time of GS at disposal of Govt.
• Whole time of G.S. is at the disposal of Government which pays
him/her.
• He may be employed in any manner required by proper authority
without additional remuneration.
FR 13- Retention of Lien on Post
• A Government Servant who has acquired a lien on a post retains a
lien on that post-
• While performing the duties of that post.
• While on foreign service or holding a temporary post or officiating in another
post.
• While on Leave
• While on Suspension.
• During joining time on transfer to another post unless he is transferred
substantively to a post on lower pay.
• Lien is retained for a period of 2 years and in exceptional cases up
to 3 years.
• If deputation is to developing countries of Asia, Africa and Latin
America, Lien may be retained initially by 2 years, which is
extendable by concerned Ministry for 5 years.
FR 13- No Lien shall be retained in following
cases
• Where a GS has proceeded on immediate absorption basis to a
post service.
• On foreign service/ deputation beyond the maximum time limit
admissible
FR 15- Transfer to a lower post
• The President may transfer Govt. Servant from one post to another
post.
• Except On account of inefficiency or misbehavior or on written
request of a Govt. Servant, a GS shall not be transferred to be
appointed to officiate in a post carrying less pay than the pay on
which he holds a lien.
FR 16- Subscription to Provident Funds
• G.S. has to subscribe to GPF/NPS, Family pension fund and
other similar fund made by president.
FR 17- Drawl of Pay and allowance
• An officer shall begin to draw the pay and allowances attached to
his tenure of a post with effect from date when he assumes the
duties of the post and shall cease to draw them as soon as he
ceases to discharge those duties.
• An officer who is absent from duty without any authority shall
not be entitled to any pay and allowances during the period of
such absence.
FR 17(A)- Unauthorized Absence
• Period of an unauthorized absence from duty/ unauthorized
participation in strike be deemed to cause an interruption or
break in service unless otherwise decided by competent
authority for the purpose of LTC, eligibility for departmental
examination, quasi permanency for which minimum period of
continuous service is required subject to reasonable
opportunity should be given to G.S. before invoking penal
provision under F.R. 17 A.
FR 17(A)- Unauthorized Absence
• Provision of Condonation of break in service by competent
authority is available but it should not be considered as a routine
matter.
• It can be considered only after receipt of representation.
• The authority while deciding the representation should consider
all relevant facts and circumstances & nature of grave
misconduct of G.S. etc.
FR 18: Leave beyond 5 years
• No Government servant shall be granted leave of any kind for a
continuous period exceeding five years.
• Only President is empowered to grant leave beyond 5 years.
Chapter-IV: Pay
FR 19: Pay shall not exceed the pay sanctioned
for the post
• Except in case of Personal Pay (FR 9(23) (a)), the pay of the GS
shall not be so increased as to exceed the pay sanctioned for his
post, without the sanction of an authority competent to create a
post in same cadre.
• It bounds Central Govt not to grant an initial pay higher than what is
permissible under FR 22.
• Advance increment may be given under FR 27.
FR 22: Pay Fixation
• The option for pay fixation shall be furnished within one month from
assumption of charge.
• Increment may be sought for on:
• Date of Next Increment
• Date of Promotion
• Pay fixation is rounded off Rs 100 i.e. if amount is less than Rs 50, it is ignored,
if above then rounded off to next hundred.
• In case of technical resignation on pay protection, past service shall count
for reckoning the minimum period for granting increment.
• There are two dates fixed for annual increment: 1st January and 1st July.
• Qualifying period for earning increment is 6 months on 1st January or 1st July,
as the case may be.
Fixation of Pay in revised pay structure (7th
CPC)- Fitment Factor- 2.57
FR 22: Pay Fixation on MACP
• MACP stands for: Modified Assured Career
Progression
• GS may want pay fixation from-
• Date of Promotion
• One increment to be awarded and place on
equal or next cell of concerned level.
• Date of Next Increment
• Two increments on old level pay and place
equal or next cell on concerned level
Pay Matrix 7th CPC
FR 23: Change of Pay of a post
• The holder of a post, the pay of which is changed, shall be
treated as if he were transferred, to a new post on the new
pay
• He may at his option retain his old pay until the date on
which he has earned his next or any subsequent
increment on the old scale, or until he vacates his post or
ceases to draw pay on that time-scale.
• The option once exercised is final.
FR 24: Increment
• An increment shall ordinarily be drawn as a matter of
course unless it is withheld.
• An increment may be withheld from a Government
servant by the Central Government or by any authority to
whom the Central Government may delegate this power
under Rule 6, if his conduct has not been good or his work
has not been satisfactory.
• In ordering the withholding of an increment, the
withholding authority shall state the period for which it is
withheld, and whether the postponement shall have the
effect of postponing future increments.
Withholding of Increment
• Withholding of Next Increments and one increment.
• Next Increments: All next increments withheld for a
specified period.
• One Increment: Only one increment withheld for specified
period.
FR 26: Counting of service for increment
• All duty in a post on time scale.
• Service on Officiating Capacity/ deputation in or out of India.
• All kinds of leave except EXOL subject to certain conditions.
• EXOL granted on-
• Medical Certificate
• Otherwise than on medical certificate, due to inability of the GS to join duty
on account of Civil Commotion.
• For procuring higher technical and scientific studies.
• Joining time when lien is not suspended.
• Time spent before appointment on training on stipend.
FR 27: Premature/ Advance Increment
• An authority may grant a premature increment to a
Government servant on a time-scale of pay, if it has
power to create a post in the same cadre on the same
scale of pay.
• General or special order is made by President in this behalf.
Grounds for grant of Premature Increment
• For Stenographer:
• 80 wpm to 100 wpm → One increment
• 100 wpm to 120 wpm → One increment
• 80 wpm to 120 wpm → Two increments
• Excellence in National and International sports events:
• National Level → One increment
• International Level → Two increments
• Total 5 increments in entire service.
Lumpsum incentive for higher qualification
• One time incentive is given for achieving fresh higher
qualification after service directly related to service
(eligible from 01.07.2017)-
• Ph.d or equivalent – Rs 30000
• PG Degree/ diploma more than one year- Rs 25000
• PG Degree/ diploma less than one year – Rs 20000
• Degree/ Diploma more than 3 years- Rs 15000
• Degree/ Diploma less than 3 years- Rs 10000
• Paid maximum twice in career
• Claim shall be made within 6 months
FR 28: Transfer from higher to lower post
• The authority which orders the transfer of a
Government servant as a penalty from a higher to a
lower grade or post may allow him to draw any pay,
not exceeding the maximum of the lower grade or
post, which it may think proper.
FR 29 (1): Necessary instruction in order in
reduction of pay scale as a measure of penalty
• The order shall specify-
• The period for which the reduction shall he effective
• Whether, on restoration, the period of reduction
shall operate to postpone future increments and, if
so, to what extent.
• Whether the Government servant shall regain his
original seniority in the higher service, grade or post
or time-scale on his restoration to the service,
grade or post or time-scale from which he was
reduced.
FR 29-A: Penalty set aside on appeal or review
• Where an order of penalty of withholding of increment of
a Government servant or his reduction to a lower service,
grade or post, or to a lower time-scale, or to a lower stage
in a time-scale, is set aside or modified by a Competent
Authority on appeal or review the pay shall be regulated in
following manner:
• If set aside, the difference between the pay to which he would
have been entitled had that order not been made and the pay he
had actually drawn, shall be paid.
• If the said order is modified, the pay shall be regulated as if the
order as so modified had been made in the first instance.
• The period from imposing penalty and setting it aside,
shall be counted for the purpose of increment.
FR 31-A: Erroneous order of promotion/
appointment
• The pay of a Government servant whose promotion or
appointment to a post is found to be or to have been
erroneous, shall be regulated in accordance with any
general or special orders issued by the President in this
behalf.
FR 35: Officiating Pay
• The Central Government may fix the pay of an officiating
Government servant at an amount less than that admissible
under these rules-
• 12.5% of Basic Pay or Rs 6700/- per month maximum.
FR 36: Acting Promotion
• The Central Government may issue general or
special orders allowing acting promotions to be
made in the place of Government servants who are
treated as on duty under Rule 9(6) (b) i.e. for the GS
treated on duty while going through a course of or
training in India and stipendiary treated on duty after
successful completion of a course followed by
assumption to duties.
FR 37: Personal Pay
• Except when the authority sanctioning it orders
otherwise, personal pay shall be reduced by an
amounts by which the recipient's pay may be
increased, and shall cease as soon as his pay is
increased by an amount equal to his personal pay.
FR 39: Pay of Temporary Posts to be filled by
other than Govt. Servant
• When a temporary post is created which may have to be
filled by a person not already in Government service, the
pay of the post shall be fixed with reference to the
minimum that is necessary to secure the services of a
person capable of discharging efficiently the duties of the
post.
FR 40: Pay of Temporary Posts to be filled by
Govt. Servant
• The pay should be fixed by the Central Government with due
regard to-
• the character and responsibility of the works to be performed
• the existing pay of Government servants supposed to be selected for
that post.
Chapter – V: Addition to pay
FR 44: Compensatory Allowance
• The Central Govt. may grant such allowances to Govt. Servants
under its control.
• CG may make rules prescribing their amounts and conditions
under which they may be drawn.
• This should not be a source of profit for the recipient.
FR 45: Allotment of Govt. Accommodation for
Govt. Servant for use as residence
• The Central Government may make rules or issue orders laying
down the principles governing the allotment to officers serving
under its administrative control, for use by GS as residence, of
such buildings or its portion, owned or leased by Central Govt.
• Such rules or orders may lay down different principles for
observance in different localities or in respect of different
classes of residences, and may prescribe the circumstances
in which such an officer shall be considered to be in
occupation of a residence.
FR 45-A: Assessment of license fee for Govt.
Servant
• The Central Government may make rules or issue orders laying
down the principles governing the allotment to officers serving
under its administrative control, for use by GS as residence, of
such buildings or its portion, owned or leased by Central Govt.
• Such rules or orders may lay down different principles for
observance in different localities or in respect of different
classes of residences, and may prescribe the circumstances
in which such an officer shall be considered to be in
occupation of a residence.
FR 45-A: Assessment of license fee for Govt.
Servant
• For the purpose of assessment of license fee, the capital cost
and monthly emoluments shall be taken into account.
• Capital costs includes cost or value of sanitary, water supply
and electric installations and fitting.
• Annual License Fee- Maximum 6% per of capital cost or not
exceeds 10% of officers monthly emoluments.
• It shall be calculated per calendar month, Annual License Fee to
be divided by 12.
License Fee w.e.f. 01.07.2023