THE KARNATAKA CIVIL SERVICES RULES NOTIFICATION No. FD 53-C.0.D. 58, dated Ist March 1958. In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Karnataka hereby makes the following rules, namely :- PART | - GENERAL 1, Title and Commencement :- (1) These Rules may be called the Karnataka Civil Services Rules. ‘[xxx] (2) They shall come into force from the first day of April 1958. 2. Application:- (1) (a) Parts |, Il, V, Vi and VII, and the provisions of Part Ill and Part IV relating to procedural matters shall apply to all persons serving in connection with the affairs of the State of Kamataka (b) Partlll of these rules other than the provisions thereof referred to in clause (a) of this sub rule shall apply to all persons holding or appointed to posts in connection with the affairs of the State of Karnataka in pensionable establishments and to all claims in respect of leave availed of by such persons: Provided that every person allotted or deemed to be allotted to serve in connection with the affairs of the State of Kamataka under section 115 of the States Reorganisation Act 1956 (Central Act 37 of 1956) shall continue to be governed by the Rules applicable to him before the Ist day of November 1956 unless such person exercises his option to be governed by Part Ill of these Rules: Provided further that any option exercised by any person to be governed by the Karnataka Leave Rules, 1957 before the date of commencement of these Rules shall be deemed to be option exercised in pursuance of Part Il of these Rules 1. Deleted by No. FD 41 SRS 60 dated 1.11.1960 (wef 10.11.1960)2 (c) Part lV of these Rules, other than the provisions thereof referred to in clause (a) of this sub-rule shall apply to the following classes of Karnataka Government servants in pensionable establishment; (i) All persons who enter or have entered Karnataka Government service, whether in a permanent or other capacity on or after Ist November 1956 in respect of whose conditions of service the Governor of Karnataka is competent to make rules under the proviso to Article 309 of the Constitution; (ji) All persons (including persons allotted to serve in connection with the affairs of the State of Karnataka under section 115 of the States Reorganisation Act, 1956),who were in service on the 31st October 1956 but did not hold substantive posts in pensionable establishments on that date; (iii) Persons allotted to serve in connection with the affairs of the State of Kamataka under section 115 of the States Reorganisation Act, 1956 who were holding substantive posts in pensionable establishment on the 31st October 1956 in a service in connection with the affairs of the former State of Mysore, Hyderabad or Bombay or the State of Madras or in a service in connection with the affairs of the Union under the administrative control of the Chief Commissioner of the State of Coorg, and who, in the manner and within the period specified by Government, exercise their option to be governed by the provisions of Part IV of these rules, (iv) Persons allotted to serve in connection with the affairs of the State of Karnataka under Section 115 of the States Reorganisation Act, 1956, who are subscribers to the Madras Contributory provident Fund- Pension - Insurance Fund (1950), and who subject to the following conditions, and in the manner and within the period specified by Government, exercise their option to be governed by the provisions of Part IV of these rules:-3 (aa) The Government servant shall cease to subscribe to the said Fund; (bb) The amount of contributions made by the Government (from the commencement) together with interest thereon standing to his credit in the Fund shall be credited to the Government of Karnataka (cc) The amount of subscription together with interest thereon standing to his credit in the fund shall be transferred to his credit in the Karnataka General Provident Fund to which he is eligible to subscribe; (dd) His pensionary benefits shall be governed by the Rules in Part IV and the Government of Karnataka will bearfull pensionary liability in respect of the services rendered by him (both in Madras and Mysore States): Provided that every person allotted or deemed to be allotted to serve in connection with the affairs of the State of Kamataka under section 115 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) shall continue to be governed by the Rules applicable to him before the 1st day of November 1956 unless such person exercises his option to be governed by Part IV of these Rules before the ‘[first day of July 1959]: Provided further that any option exercised by any person to be governed by the Karnataka Pension Rules 1957 before the date of commencement of these Rules shall he deemed to be option exercised for being governed by Part IV of these Rules 2[Note 1 - In the case of Government servants in service on 31.12.1959 time for exercising the said option is extended upto 3[30" June 1961]; ‘[Note 2 - In the case of Government servants in service on 30" June 1961, time for exercising the said option is extended upto 30.6.1962] 1. Amended by No. FD 59 SRS 59 dated 24.2.1959 (wef 5.3.1959). 2. Inserted by No. FD 41 SRS 60 dated 6.7.1960 (wef 14.7.1960), 3. Substituted by No, FD 26 SRS 61 dated 20-3-1961 4. Inserted by No. FD 73 SRS 62 dated 10.9.1962 (wef 20.9.1962).4 [Note 3 - In the case of Government servants in service on 30" September 1962 time for exercising the said option is extended upto the 30" September 1963] [Note 4 - In the case of Government servants in service on the 30" September, 1963. time for exercising the said option is extended upto to the 31* March 1964]; [Note 5 - In the case of Government servants in service on the 31* March 1964 time for exercising the said option is extended upto the 31% December 1964]; {[Note 6 - In respect of retirement or death while in service of Government Servants on or after Ist September 1968, the pension rules in Part IV shall apply unless the Government Servant has exercised option to be governed by the pension rules applicable to him before 31% August 1969]; (d)_ Part VIII of these Rules shall apply to all persons serving in connection with the affairs of the State of Karnataka in pensionable establishments and to all claims in respect of journeys and halts made by such persons: Provided that the claims in respect of journeys and halts made by such persons under the provisions of the Karnataka Travelling Allowance Rules, 1957, and pending on the date of commencement of these Rules shall be deemed to be claims under the corresponding provisions of Part VIII of these Rules. (2) Notwithstanding anything contained in sub-rule (1), these Rules shall not apply to - (i) Persons employed in Industrial Underakings of the Government; (ji) Persons in casual employment; (iii) Persons subject to discharge from service on less than one month's notice; (iv) Persons for whose appointment and other matters covered by these Rules, special provisions are made by or under any law for the time being in force, or in any contract 1. Inserted by No. FD 48 SRS 63 dated 6.6.1963. 2. Inserted by No. FD 4 SRS 64 dated 1.2.1964 (wef 17.2.1964). 3. Inserted by No. FD 55 SRS 64 dated 25.8.1964(wef 18.9.1964). 4. Inserted by No. FD 69 SRS 66 dated 10.10.1968.5 in regard to the matters covered by such law or such contracts; and (v) Members of the Alll India Services. ‘2A. Application of Rule 285, - Notwithstanding anything contained in Rule 2, Rule 285 shall, with effect from 16” March 1970, apply to all persons serving in connection with the affairs of the State of Karnataka including persons allotted or deemed to be allotted to serve in connection with the affairs of the State of Kamataka under Section 115 of the States Reorganisation Act, 1956 (Central Act 37 of 1956)] 2{2B. Application of Rules 106-B, 214 and 254,- Notwithstanding anything contained in Rule 2, rules 106B, 214 and 254 shall apply to all persons serving in connection with the affairs of the State of Karnataka including persons allotted or deemed to be allotted to serve in connection with the affairs of the State of Karnataka under section 115 of the State Reorganisation Act, 1956 (Central Act 37 of 1956)] 4[3. Repeal and Savings:- (i) The Karnataka Civil Services Interpretation Rules, 1957. (ii) The Karnataka Pay and Allowances Rules, 1957; (which came into force from Ist December, 1957). (iii) The Karnataka Leave Rules, 1957; (which came into force from 1.10.1957). (iv) The Karnataka Pension Rules, 1957: (which came into force from 1.9.1957). (v) The Karnataka Commutation of Pension Rules, 1957, (which came into force from 1.9.1957). (vi) The Karnataka Extraordinary Pension Rules, 1957; (which came into force from 1.9.1957). 7. Inserted by No, FD 119 SRS 69 dated 18.8.1970 (wef 5.9.1970) 2. Inserted by No. FD 110 SRS 70 dated 22.10.1971 (wef 28.10.1971) 3. Substituted by [Link] 315 SRS 58 dated 22.12.1958 (wef 311.1959)6 (vii) The Karnataka Government Servants’ Maintenance of Records of Service Rules, 1957 (which came into force from 1.11.1957). (viii) The Karnataka Government Servants (Foreign Service Rules,1957); (which came into force from Ist November, 1957). (ix) The Kamataka Travelling Allowance Rules, 1957-, (which came into force from 1.9.1957) and (x) Any rule or order corresponding to any rule in the Kamataka Civil Services Rules, 1958, made either under the priviso to Article 309 of the Constitution, or in exercise of any power by any competent authority are hereby repealed, to the extent to which the provision of any of these rules is applicable to the persons referred to in Rule 2: Provided that any order issued, anything done or any action taken under any provision of any of the rules or orders repealed by this rule shall be deemed to have been issued, done or taken under the corresponding provisions of these rules. All rules made under the proviso to Article 309 of the Constitution of India and all other rules and orders made by any competent authority, in force before the Ist day of April. 1958, other than the rules and orders repealed by rule 3 of the Karnataka Civil Services Rules 1958, as substituted by rule 2 of these rules, shall subject to any amendments made to the said rules and orders on or after 1st April 1958, be deemed to have continued in force on and after 1st April, 1958, as if rule 3 of the Karnataka Civil Services Rules, 1958, as originally made had never been made; and any order issued, anything done or any action taken under any such rule or order on or after the first day of April, 1958 shall be deemed always to have been validly issued, done or taken under such rule or order as if such rule or order were in force at all relevant times, and no order issued, anything done or action taken under any such rule or order shall be called in question on the ground that such rule or order was not in force at the relevant time.]7 ‘[3A. Notwithstanding anything contained in Rules 2 and 3, any option exercised by any person on or after the first day of April 1958 and before the first day of September 1958 to be governed by the Kamataka Leave Rules, 1957 or the Kamataka Pension Rules, 1957, shall be deemed to be option exercised for being governed by Part Ill or Part IV, as the case may be of these Rules and all such options shall be dealt with accordingly.] [Link] the purposes of these rules, ‘service’ with reference to service rendered by persons allotted or deemed to be allotted to serve in connection with the afrairs of the State of Karnataka under section 115 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) includes all service rendered by them before the first day of November 1956 which was reckoned as ‘service’ under the rules applicable to such persons. 2[Note - In respect of personnel of the Industrial Training Centres/Institutes and the Employment Exchanges transferred from the Government of India to the State control with effect from the first day of November, 1956, the services rendered by the said personnel under the Government of India shall be counted for leave and pension to the extent it would have counted had they been continued under the Government of India, under the Central Government Rules as on Ist November, 1956. The Government of India shall contribute to the State Government such contribution as is usually admissible under rules.] 5. Any reference to any Rule or to any expression (such as earned leave, half pay leave, etc.), in these rules, shall, in relation to Government servants who have not exercised their option to be governed by Part Ill or Part IV of these Rules in respect of Leave or Pension, be construed as a reference to the corresponding Rule or expression contained, in the corresponding Leave Rules or Pension Rules, as the case may be applicable to such Government servants. 6. Subject to the provisions relating to protection of conditions of service, if any, under section 115 of the States Reorganisation Act, 1956, the claim of a Government servant 7. Inserted by No. FD 174 SRS 58 dated 4.9.1958 (wef 17.9. 1958). 2. Inserted by No. FD 283 SRS 59 dated 16.3.1960 (wef 24.3.1960).8 to pay and allowances, including travelling allowances, is regulated by the rules in force at the time at which the pay and allowances are eared; to leave, by the rules in force at the time leave is applied for and granted and to pension, by the Rules in force at the time when the Government servant retires or is discharged from the service of Government. 7. Where the State Government is satisfied that the operation of any Rule regulating the conditions of service of the State Government servants or any class of such Government servants 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 any case in a just and equitable manner. 17-A. x0 2[7-B. Officers appointed to be in charge of the current duties of a post shall be competent to exercise all administrative and financial powers vested in the regular incumbent of that post. Such an officer should not however modify or over-rule the orders already passed by the regular incumbent of the post except in emergency without obtaining the orders of the next higher authority.] 1. Deleted by [Link] 34 SRS 61 dated 25.8,1964 (wef 17.9.1964), 2. Inserted by [Link] 41 SRS 67 dated 8.3.1967 (wef 23.3.1967)9 CHAPTER | DEFINITIONS 8. In these rules, unless the context otherwise requires,- (1) ‘ABSENTEE’ means a Government servant absent from an appointment on which he has a lien, either on leave or on deputation to another appointment, whether permanent or temporary or on special duty unconnected with his own appointment or on joining time during transfer to another appointment or under suspension; Note - A Government servant under suspension is an absentee if the suspension is confirmed. 1[(1A) ‘Allotment’ means grant of licence to a Government Servant to occupy a house owned, leased or requisitioned by the Government or a portion thereof, for use by him as residence.] (2) Actual Travelling Expenses.- "Actual Travelling Expenses” means the actual cost of transporting a Government Servant, with his servants and personal luggage including charges for ferry and other tolls, if paid, and for carriage of camp equipment (ifnecessary). Itdoes not include charges for hotels, dak bungalows, or refreshments, or for the carriage of stores or conveyances, or for presents to drivers, and the like, or any allowance for such incidental losses of expenses as the breakage of crockery, the wear and tear of furniture, the entertainment of domestic servants; (3) Age:- When a Government servant is required to retire, revert or cease to be on leave, on attaining a specified age the day on which he attains that age is reckoned as a non-working day, and the Government servant must retire, revert or cease to be on leave (as the case may be) with effect from and including that day); 7[(4) 2004] 7. Inserted by No. FD 63 SRS 68 dated 19.1.1970 (wef 7.3.1970) 2. Deleted by No. FD 25 SRS 80 dated 23.5.1980 (wef 5.6.1980).10 (5) ‘Audit Officer’ means the Accountant General, Karnataka. 4[(5-A) ‘Authorised Medical Attendant’ means- (i) in respect of a Government servant whose pay is not less than Rs. 500 per mensum and in the case of an officer of Class 1 Service irrespective of his emoluments. the Civil Surgeon or the Principal Medical Officer appointed by the Government to attend to its officers in the station, (ii) in respect of a Government servant whose pay is less than Rs. 500, Medical Officer, Class II, similarly appointed] (6) ‘Average pay’ means the average monthly pay eared during the 2[ten complete months] immediately preceeding the month in which the event occurs which necessitates the calculation of average pay: Provided that in respect of any period spent on deputation out of India, the pay which the Government servant would have drawn, if on duty, in India, shall be substituted for the pay actually drawn. Note 1 - According to the definition of ‘average pay’ in this Rule the average is to be taken of the monthly pay earned during the 2[10] complete months immediately preceeding the month in which the leave is taken, and for this purpose the 10 complete months immediately preceeding should be interpreted literally. ‘[Thus a Government servant who has been on leave from the 23 March 1965 to 22™ July 1965 inclusive, is granted leave from the 4" November, 1965, his average pay should be calculated on the pay earned for the periods Ist January 1965 to the 22” March 1965 and 23% July 1965 to 31% October 1965]. If however, a Government servant happens to have been on leave 1. Inserted by [Link] 18 SRS 61 dated 6.5.1961 (wef 8.5.1961). 2. Substituted by [Link] 70 SRS 61 dated 22.9.1961 (wef 1.10.1961). 3. Substituted by [Link] 120 SRS 66 dated 2.3.1967 (wef 23.3.1967).i for more than 10 months immediately proceeding the month in which the leave is taken, then the average should be taken of the monthly pay eared during the 10 complete months immediately preceeding the month in which the previous leave commenced Note 2 - In the case of a Government servant of vacation department, the vacations falling in the period of 10 complete months immediately preceeding the month in which leave is taken should be treated as duty and the pay drawn by the Government servant during the vacations should be treated as pay drawn on duty and should therefore be taken into account in determining his leave salary during the succeeding leave. Note 3 - In the case of a Government servant of the vacation department both prefixing and affixing leave to a vacation, the leave salary for the leave affixed should be calculated on the pay drawn by the Government servant during the ten complete months preceeding the commencement of his leave. Note 4 - The term ‘month’ in this rule means ‘calendar month’ as in Rule 8(30). (7) ‘Cadre’ means the strength of a service or part of a service sanctioned as a separate unit; (8) ‘Camp Equipage’ means the apparatus for moving a service camp; (9) “Camp Equipment’ means tents and the requisites for pitching and furnishing them or where tents are not carried such articles of camp furniture as it may be necessary in the interest of the public service for a Government servant to carry with him on tour; (10) “Class and Grade” - Appointments are said to be in the same ‘Class’ when they are in the same department, and bear the same designation, or have been declared by Government to be in the same class. Appointments in the same class are sometimes divided into ‘Grades’ according to pay; Note - Appointments do not belong to the same Class or grade unless they have been so constituted or recognised by Government.12 Aministerial officer may be appointed to act for another ministerial officer in the same office whose pay is higher than his own subject to rules governing such appointments. (11) ‘Continuous Service’ means the service of a Government servant from the beginning of his service, without any break. Only leave with allowances will be included in continuous service. (12) ‘Compensatory Allowance’ means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. ‘[It includes travelling allowance and local allowance], but does not include a sumptuary allowance nor the grant of a free passage by sea to or from any place outside India; (13) ‘Competent Authority’ in relation to the exercise of any power, means Government or any authority to which the power is delegated by or under these rules; (14) ‘Day’ means a calendar day, beginning and ending at midnight; but an absence from headquarters which does not exceed 24 hours shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends; Note - A continous journey occupying a period of time less than 24 hours, partly before and partly after midnight, and ending before ? [dawn] shall, for mileage under Rule 522, be regarded as completed on the day preceeding the midnight. S[(14-A) ‘Dies-non’ means non-duty period or period not spent on duty. Note,- The period treated as ‘dies-non’ will not count as service nor will it be construed as break in service.] (15) Duty: ‘Duty’ includes: “[(a) service as a probationer, subject to the provisions of the Karnataka Civil Service (Probation) Rules 1977). “[Note 1, Note 2, Note 3 xxx] ‘Amended [Link]. FD 109 SRS.66 dated 4.1.1967. Substituted by No. FD 112 SRS 58 dated 3.7.1958 (wef 1.4.1958) Inserted by No. FD 6 SRA 99 dated 15-12-1999. ([Link]. 20-1-2000) . Amended by [Link] 25 SRS 80 dated 23.5.80,13 Note 4 - Service as a local candidate ‘[xxx] is to be treated as officiating or temporary service. for purposes of grant of increments, leave, pension, etc. (b) Joining time; Note:- If a Government servant has handed over charge of a post on receipt of the orders of transfer and if, immediately thereafter the orders of transfer are held in abeyance or cancelled, the period of compulsory waiting between the date of handing over charge and the date of resuming charge of the post should be treated as duty. (c) a course of instruction or training authorised by or under the orders of Government; 2[Note 1- The time reasonably required by a Govern- ment servant for the journeys between the place of training and his headquarters immediately before and after the period of training, should be treated as part of that period] {[Exception:- Government servants returning from abroad whose period of deputation consists of only a period of duty under the rules in Annexure ‘B’ of Appendix-II may be granted joining time not exceeding 7 days irrespective of their places of postings.] ‘[Note 2 -Where a Government servant deputed for training is required to attend an interview and to wait for the result of the interview before actually joining the course of instruction or training. the period intervening between, the date of interview and the date of actually joining the course of instruction or training may be treated as duty under special orders of Government.] (d) the period occupied in appearing for an examination prescribed by Government in any regional language at which a Government servant has been granted permission to appear, or in attending an obligatory departmental examination or in attending an examination which a Government servant must pass Deleted by No. FD 209 SRS 58 dated 4.12.58 (wef 1.4.1958) Substituted by [Link] 39 SRS 60 dated 8.7.1960 (wef 14.7.1960). . Inserted by No. FD 152 SRS 67 dated 5.3.1968. Inserted by [Link] 19 SRS 64 dated 7.7.1964 (wef 28.7.1964)14 to become eligible for a higher post in any branch of the public service, ‘or attending the Kannada Typewriting or Kannada Shorthand Examinations conducted by the Department of Public instruction] including the time reasonably necessary for going to and from the place of examination; provided that such period shall be deemed to be on duty only twice in respect of each obligatory examinations. Note - In cases where an examination is taken in interruption of leave or immediately after leave, the time occupied in appearing for the examination, including the time necessary for going to and from the place of examination, shall be treated not as duty but as leave. Ifthe examination takes place immediately before leave, the leave shall be held to have commenced from the date following that of the completion of the examination. 2[(e) XXX] 3{(f) the period spent by a Government servant awaiting orders of posting after relief from a post under Government or after reporting for duty on return from leave,. training or deputation; provided such waiting is approved by Government as unavoidable. Note- The term deputation used in this clause includes deputation on ‘foreign service’] “{(g)the period spent by a Government servant, who is engaged or deployed temporarily on special duty by or under orders of the competent authority, including the time reasonably necessary to travel to and from the place of such special duty, Note - Deployment of a Government servant on special duty does not amount to transfer. A Government servant may be deployed on special duty by the Head of the Department concerned temporarily for a period not exceeding one month,] Inserted by No. FD 129 SRS 73 dated, 23.11.1973. . Deleted by No. FD 51 SRS 65 dated 15.7.1966. Substituted by [Link] 150 SRS 68 dated 2.11.1968, |. Substituted by [Link] 66 SRS 79 dated 15.11.1980 (wef 27.11.1980)15 ‘[(h) the period spent by a Government servant whose services are engaged by a delinquent Government servant in accordance with the provision of [Rule 11(8) of the Karnataka Civil Services (CCA) Rules, 1957,] in his defence in the disciplinary proceedings instituted against him, in assisting the delinquent Goverment servant] *[(16) ‘Family’ means the wife or husband and legitimate children including step children of the Government servant residing with and wholly dependent on the Government servant and for the purpose of claiming travelling allowance for journeys on transfer, also, includes the parents residing with and wholly dependent on the Government servant] (17) Fees’ means a recurring or non-recurring payment toa Government servant from a source, other than the Consolidated Fund of the State or the Consolidated Fund of India or of other States, whether made directly to the Government servant or indirectly through the intermediary of Government but does not include,- (a) uneamed income, such as income from property, dividends and interest on securities; (b) income from literary, cultural or artistic efforts, if such efforts are not aided by the knowledge acquired by the Government servant in the course of his service; 1. Inserted by No. FD 103 SRS 74 dated 13.9.1974 (wef 9.1.1964). 2. Amended by No. FD 103 SRS 74 dated 25.2.1975 (wef 24.1.1974).. 3. Substituted by No. FD 8 SRA 99 dated 2.6.2000.16 [Explanation - When the income referred to in clause (b) above is the result of efforts aided by the knowledge acquired by the Government servant in the course of his service, itis subject ,to the provisions of Rule 29. However, if such, income is, derived from sale or royalties of a book written by the Government servant with the aid of the knowledge acquired by him during the course of his service and if such book is not a mere compilation of Government rules, regulations or procedure, but reveals the author's scholarly study of the subject. Goverment may exempt such income from the operation of Rule 29, The Department concerned should furnish a certificate to the above effect while recommending to Government relaxation of the said Rule in such cases] (18) ‘First Appointment’ includes the appointment of a person not at the time holding any appointment under Government even though he may have previously held such an appointment, (19) ‘Foreign Service’means service in which a Govern- ment servant receives his substantive pay with the sanction of Government, from any source other than the Consolidated Fund of the State; ? [xxx] 3[(19-A) Foreign Service Allowance is an allowance granted by a foreign employer to a Government servant deputed to foreign service ] 4[Note xxx (20) "A Gazetted Government Servant’ is one who is a member of an Alll India Service or State Civil Service, Class | or Il or a person appointed in accordance with the terms of a contract or agreement and whose appointment is Gazetted by Government; (21) Heads of Department.- This term includes the of- ficers mentioned in Appendix-| and any others whom Government may from time to time declare to be Heads of Departments. Inserted by No. FD 88 SRS 60 dated 1.7.1960 (wef 14.7.1960) Deleted by No. FD 86 SRS 66 dated 12.12.1966. . Inserted by No. FD 21 SRS 68 dated 8.4.1968, Deleted by No. FD 52 SRS 73 dated 24.12.197317 (22) ‘Holiday’ means a holiday prescribed or notified by Government as such; and in relation to any particular office, in- cludes a day on which such office is ordered to be closed by a competent authority for the transactions of Government business without reserve or qualification; (23) “Honorarium’ means a recurring or non-recurring payment granted to a Government servant ‘[from the consolidated fund of the State] under whom he is employed or of any other Gov- ernment in India as remuneration for work of an occasional or inter- mittent character; 2[(24) ‘Joining time’ means time allowed to a Govern- ment servant to join a new post or to travel to a station to which he is posted’.] (25) ‘Leave Salary’ means the monthly amount paid by the Government to a Government servant on leave: (26) ‘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; 3[Note - Government may permit a Government servant to retain a lien on a temporary appointment in special cases, such as absence on study or training outside India. Attention is also invited to 4 [Note 4 under clause (f) of Rule 20] and to Rule 423,] 5[(27) Local Allowance:-A ‘Local allowance’ is an allowance granted in consideration of exceptional local circumstances. such as the unhealthiness or expensiveness of the locality; Note - Project Allowance granted to the staff of the Public Works Department and other Departments attached to construction projects (Irrigation or Power Projects) is a local allowance granted on account of the expensiveness of the locality.] ‘Substituted by No. FD 184 SRS 59 dated 8.9,1959 (wef 14.9.1959) Substituted by FD 66 SRS 79 dated 15.11.1980 wef 27.11.1980). Substituted by No, FD 212 SRS 59 dated 15.12.1959 (wef 24.12.1959). Amended by No. FD 196 SRS 60 dated 1.11.1961 Substituted by No. FD 197 SRS 59 dated 27.5.1964 (wef 1.8.1961)18 *[(27-A) Local Candidate: A ‘Local Candidate’ in service means a temporary Government servant not appointed regularly as per rules of recruitment to that service:] (28) ‘Local Fund’ means (1) Revenues administered by local bodies or other 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 the budgets, sanction to the creation of filling up of particular posts or the making of leave, pension or similar rules., and (2) the revenues of any body which may be specially notified by Government as a local fund; (29) ‘Ministerial servant’ means a Government servant whose duties are entirely clerical and any other class of servants specially defined as such by Government; (30) ‘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; Note - In calculating a period of 3 months and 20 days from 25" January, 3 months should be taken as ending On 24° April, and the 20 days on 14" May. In the same way, the period from 30" January to 2 March should be reckoned as 1 month and 2 days, because one month from 30° January ends on 28" February. A period of one month and 29 days commencing from the Ist January will expire, in an ordinary year (in which February is a month of 28 days) on the last day of February, because a period of 29 days cannot obviously mean to exceed a period of full calender month and a period of two months from Ist January would end on the last day of February. The same would be the case if February were a month of 29 days or if the broken period were 28 days (in an ordinary year). 1. Inserted by No. FD 209 SRS 58 dated 4.12. 1958 (wef 1.4.1958).19 (31) Officiate:- A Government servant officiates in a post when he performs the duties of a post on which another person holds a lien. A competent authority may, if it thinks fit, appoint a Government servant to officiate in a vacant post on which no other Government servant holds a lien; Note 1 - The authority which has power to make substantive appointment to a vacant post may appointa Government servant to officiate in it Note 2 - 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. ‘[(32) ‘Pay’ means the amount drawn monthly by a Government servant as the pay which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre and shall also include; (a) stagnation increment, if any, granted to him above the maximum of the scale of pay; (b) additional increment, if any, granted to him above the maximum of the scale of pay, in accordance with the provisions of rule 6 of the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974; (c) personal pay, if any, granted to him under the Karnataka Civil Services (Revised Pay) Rules, issued by the Government from time to time; (d) any other emoluments specifically classed as pay by the Government] (33) Pension:-Except when the term ‘Pension’ is used in contradistinction to ‘Gratuity’ ‘Pension’ includes ‘Gratuity’ (34) Permanent Post’:-means a post carrying a definite rate of pay sanctioned without limit of time., (35) ‘Personal Pay’:-means additional pay granted to a Government servant:- 1. Substituted by No. FD 5 SRA 96 dated 12.8.1996 (wef 14.8.1996)20 (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. Unless in any case it is specially ordered otherwise, a personal pay should be reduced by any amount by which the recipient's pay may be increased and should cease as soon as his pay is increased by an amount equal to his personal pay; (36) 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 or is exposed to the unhealthy conditions, in consideration of which the special pay was sanctioned; ‘[(37) The term 'Probationer’ shall have the same meaning as given to it under the Karnataka Civil Services (Probation) Rules. 1977 Note 1 - A probationer is treated for all purposes as a temporary’ Government Servant. Note 2 - In computing the period of probation Extra- ordinary leave granted to a probationer during the period of his probation shall be excluded] (38) Public Conveyance means a train or other con- veyance which plies regularly for the conveyance of passengers; Note 1 - Carts, cabs and horses are not regarded as public conveyances for the purpose of travelling allowance rules. Note 2 - The test to be applied is whether the con- veyance belongs to a regular established line of carriages running a regular course and not deviating therefrom according to the wishes of passengers. 7. Substituted by No. FD 25 SRS 60 dated 23-5- 1980 (wef 5-6- 1980)21 1[9)XXX] (40) ‘Quasi permanent Post:-means a temporary post sanctioned initially for a period of not less than three years., Note - Appointment of a Government servant against a quasi~permanent post cannot be considered to be appointment to a permanent post in a substantive capacity and fixation of initial pay in such cases will have to be regulated as per the provisions of Rule 45. 2{(40-A) ‘Quasi-permanent service’ means temporary service commencing from the date on which the appointing authority, being satisfied as to the suitability of the Government servant who has been in continuous service for more than three years, as to his age, qualification, work and character for Employment in a quasi- permanent capacity has issued a declaration to the effect, and shall consist of periods of duty and leave (other than extraordinary leave) after that date. Note 1 - A declaration issued by the Appointing Authority shall specify the particular post or the particular grade of posts within [Link], in respect of which it is issued and the date from which It takes effect. Note 2- Quasi permanent tenure has been evolved with the object of attaching certain benefits to temporary services if rendered for as long as three years and more. Quasi-permanent service ripens into a permanent service when the Government servant is appointed to a permanent post in a substantive capacity] (41) Rule of Proportions:- Pensions or leave allowance are said to be charageable according to the Rule of Proportions, when the charge is debitable to several accounts in the proportion in which, in the case of pension, the aggregate pay and leave salary drawn by the officer during the whole of his qualifying service has been paid from them; or in the case of leave allowances, the aggregate pay drawn by the officer during the portion of his service immediately preceding the beginning of his leave, which is taken into account in calculating the leave granted to him, was charged to such several accounts 1. Deleted No. FD 53 SRS 62 dated 12-2-1963 (wef 1-8-1961). 2. Inserted by No. FD 39 SRS 65 dated 1-6-1966.22 Note - If according to the Rule of Proportions the share of pension or leave allowance chargeable to one account does not exceed one rupee, no charge shall be made to this account, and the share, shall be borne by the account chargeable with the greatest share. When leave allowances are chargeable according to the Rule of Proportions, the following is the service to be taken into account:- (a) Eamed leave:- Duty without interruption for a period eleven times as along as the leave. (b) Half pay leave or commuted leave :- Service immediately prior to the leave, which is taken into account for calculating the leave due. (42) ‘['Special Allowance'] means an addition, of the nature of pay, to the emoluments of a post or of a Government servant, granted in consideration of- (a) the specially arduous nature of the duties: or (b) a specific addition to the work or responsibility; or (c) the unhealthiness of the locality in which the work is performed. (43) ‘Subsistence Grant’ means a monthly grant made to Government servant who is not in receipt of pay or leave salary; (44) ‘Substantive Pay’ means the pay, other than special pay, personal pay or emoluments classed as pay by Government, under clause (32) (iii) to which a Government servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre; (45) “Technical Pay” means pay granted to a Government servant in consideration of the fact that he has received technical training outside India; (46) ‘Temporary Post’ means a post carrying a definite rate of pay sanctioned for a limited time; 1. Substituted by No. FD 7 SRA 99, dated 29-4-2000 (wef. 1-4-1998)23 (47) ‘Tenure Post’ :-means a permanent post which an individual Government servant may not hold for more than a limited period without reappointment. In case of doubt Government will decide whether a particular post is or is not a tenure post; (48)(a) ‘Time Scale Pay’ means pay which subject to any conditions prescribed in these Rules or any other Rules made under article 309 of the Constitution, rises by periodical increments from a minimum to a maximum. It includes the class of pay called progressive pay; (b) Time scales are said to be identical, if the minimum, the maximum, the period of increment, and the rate of increment of the time scales, are identical; (c) A postis 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 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 or 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; (49) ‘Transfer’ means the movement of a Government servant from one headquarters station in which he is employed to another such station, either (a) to take up the duties of a new post; or (b) in consequence of a change of his headquarters; (50) ‘Travelling Allowance’ means an allowance granted to a Government servant to cover the expenses which he incurs in travelling in the interests of public service. It includes allowance granted for the maintenance of conveyances, horses and tents.24 *PART Il PAY AND ALLOWANCES CHAPTER Il GENERAL CONDITIONS OF SERVICE MEDICAL CERTIFICATE OF FITNESS ON FIRST ENTRY INTO GOVERNMENT SERVICE p. 10. 11, 0] CHARGE OF OFFICE 12, Unless, for special recorded reasons which must be of a public nature, the authority under whose orders the transfer takes place, permits or requires it to be made in any particular case elsewhere, or otherwise, the charge of an office must be made over at its headquarters, both the relieving and the relieved Government servants being present. 13, As a general rule and subject to any special orders to the contrary in particular cases, the headquarters of a Government servant on the staff of Government, as for instance, a Secretary to Government or a clerk in the Government Secretariat, are the headquarters, for the time being of the Government [Link] headquarters of any other Government servant are either the station which has been declared to be his headquarters by the authority competent to prescribe his headquarters for the purpose of travelling allowance or, in the absence of such declaration, the station where the records of his office are kept. *The rules in this Part supersede the Karnataka Pay and Allowances Rules 1957 which came Into force from 1.12,1957 and all claims under the Pay and Allowances Rules, 1957 pending on the date of coming into force of this part will be dealt with in accordance with the corresponding provisions of this Part, 1. Deleted by No. FD 36 SRS 75 dated 27.7.1978 (wef 23.2.1978)25 LEAVING JURISDICTION 15. No Government servant other than a police officer acting within his legal powers is entitled to pay or allowances for any time he may spend beyond the limits of his '[charge] without proper authority. Note 1 - An authority competent to sanction casual leave to a Government servant may permit him to leave headquarters during holidays or during casual leave. Note 2 - Sanction of Government is not necessary for journeys performed by Public Prosecutors outside their jurisdiction for attending to criminal cases of their district when summoned by a Sessions Court. 16. (a) Heads of Department mentioned in Appendix | may authorise any Government servant or subordinate under their control to proceed on duty beyond the limits of his charge but within the State. The subordinate authorities may exercise this power to proceed on duty within their jurisdiction. 2[Note 1 -Treasury officials (a) accompanying remittances (b) travelling to and from Bangalore in connection with the delivery of Treasury Accounts and Schedules to the office of the Accountant General, Kamataka, Bangalore (c) deputed for work connected with transfer of stamps to or from the office of the Superintendent of stamps, Bangalore or among the local or branch depots in the State (d) working in the District Treasury Office, Karwar and Coorg (Mercara) deputed for taking delivery of stamp cases or forms or parcels etc., from the nearest Railway Station or from the office outside the District, are exempted from the operation of this Rule. The Travelling Allowance claims of Treasury officials accompanying remittances should be supported by a certificate prescribed in the Karnataka Treasury Code.] Note 2 - Police Officers may, in special circumstances, proceed beyond the limits of their charge but within the State without previous sanction, subject to ratification by the sanctioning authority in each case after completing the journeys. 1. Substituted by No. FD 17 SRS 61 dated 20.2.1961 (wef 2.3.1961) 2. Substituted by No, FD 79 SRS 75 dated 15.3.1977 (wef 16.6.1975).26 Note 3- The District Superintendents of Police are authorised to permit the officers subordinate to them to proceed on journeys outside the limits of their charge and beyond their jurisdiction ‘[Note 4 - The District and Sessions Judges and the District Magistrates in charge of the Criminal Courts in the District (independent charge) may authorise any Government servant or subordinate under their control to proceed on duty beyond the limits of his charge but within their jurisdiction] (b) For proceeding beyond the limits of the State, sanction of Government is necessary. Note 1 - This Rule does not apply to cases where a Government servant, in order to shorten his journey to some place within his jurisdiction has to pass through stations outside his jurisdiction. Note 2 - The Heads of Departments are empowered to sanction journeys outside the State in the case of non-gazetted Government servants. 2{They are also empowered to sanction journeys of Gazetted Officers on duty outside the State involving a period of halt not exceeding 15 days.] Note 3 - General Sanction is accorded to members of the Excise Reserve Staff proceeding beyond the limits of the State when necessary in the interest of their work. Note 4- The Excise Commissioner is empowered to sanction journeys outside the State by District Excise Officers for purposes of inspecting at intervals the groves of date and other palm, opium and ganja shops in the Madras State. Such journeys should be kept at a minimum consistently with the interest of excise revenue. 3[Note 4-A- The Commissioner of Commercial Taxes, Bangalore, is empowered to sanction journeys outside the State by the Deputy Commissioner, Commercial Taxes, Assistant Commissioner, Commercial Taxes, Commercial Tax Officers, Assistant Commercial Tax Officers and Commercial Tax Inspectors on duties connected with study of the pattern of taxation 1. Inserted by [Link] 15 SRS 62 dated 1.3.1962. 2. Inserted by [Link] 74 SRS 69 dated 19.1.1970 (wef 7.3.1970). 3. Inserted by [Link] 81 SRS 76 dated 11.7.1977 (wef 28.7.1977).27 measures, investigation of cases of evasion of taxes, giving evidence or producing documents in Court cases, etc.] Note 5 - Police Officers both gazetted and, non-gazetted, are permitted to proceed beyond the limits of the State on duties connected with police officers’ meetings investigation of crime, arrest and escort of accused and security measures subject to the sanction of the Head of the Department. Note 6 - Police Officers may in an emergency, proceed outside the State without previous sanction for purposes of investigation and detection work, subject to ratification by the sanctioning authority in each cases after completing the journeys. [Note 7 - The above Rule does not apply to journeys performed to a place within the state, through areas of another State.] 2[Note 8 - The Public Works Department Officers-in-charge of Hidkal and Hadalga Dam-Projects, are authorised to perform journey in the catchment area of Ghataprabha river and its tributaries so far as the Ghataprabha Project is concerned (even though these places are outside the Karnataka State] 3[Note 9 - The following officers of the Public Works Department are authorised to perform journeys to Thirupathi, Thirumalai and Thiruchandur for maintenance and inspection of the Choultry buildings at these places (outside the Kamataka State):- [Link] Engineer, Once in a year to suggest Kolar Division improvements etc., 2.‘[Assistant Executive Twice in a year. One journey Engineer, Division | or for assessing the nature Assistant Executive and quantum of works to be Engineer Division Il] done and other for check Kolar Sub Division measurements Inserted by [Link] 255 SRS 58 dt. 28.10.1958 (wef 6.11.1958). Inserted by [Link] 55 SRS 59 dt. 6.3.1959 (wef 12.3.1959). . Inserted by [Link] 244 SRS 59 di. 3.12.1959 (wef 10.12.1959). Substituted by [Link] 14 SRS 79 dt. 30.7.1979.28 3. Subordinate attached Thrice in a year. One journey to Kolar Sub Division for survey for preparing A.R. estimates, another for supervision of work and taking measurements and the third with the ‘[Assistant Executive Engineer Division | or Assistant Executive Engineer Division II.] for check measurements. [Note 10. xxx] GENERAL RULES REGARDING LIEN ON APPOINTMENT AND ADMISSIBILITY OF ALLOWANCES 17(a) Two or more Government servants cannot be appointed substantively to the same permanent post at the same time. (b) A Government servant cannot be appointed substantively except as a temporary measure, to two or more permanent posts at the same time. 18(a) A Government servant cannot be appointed substantively to a post on which another Government servant holds alien (b) Unless, in any case, it be otherwise provided in the rules, a Government servant on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post. 19. Unless his lien is suspended under Rule 20, a Government servant holding substantively a permanent post retains alien on that post- (a) While performing duties of that post; (b) while on foreign service, or holding a temporary post or officiating in another posts; 1. Substituted by No. FD 14 SRS 79 dated 30.7.1979. 2. Deleted by No. FD 14 SRS 78 dated 22.9.1978 (wef 28.9.1978)29 (c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post: (d) while on leave., (e) while under suspension. 20.(a) Government ‘[shall] suspend the lien of a Government servant on a permanent post which he holds substantively if he is appointed in a substantive capacity- (1) toa tenure post, or *(2)] (3) Provisionally to a post on which another Government servant would hold a lien had his lien not been suspended under this Rule. (b) Government may at its option, suspend the lien of a Government servant on a permanent post which he holds substantively if he is deputed out of the State of Karnataka or transferred to foreign service, or in circumstances not covered by clause (a) of this Rule, “is transferred in an officiating capacity] to a post in another cadre and if any of these cases there is reason to believe that he will remain absent from the post on which he holds alien for a period of not less than three years. (c) Notwithstanding anything contained in clause (a) or (b) of this Rule, a Government servant's lien on a tenure post may in no circumstances be suspended, If he is appointed substantively to another permanent post his lien on the tenure post must be terminated. (d) Ifa Government Servant's lien on a post is suspended under clause (a) or (b) of this Rule, the post may be filled substantively, and the Government servant appointed to hold it substantively shall acquire a lien on it, provided that the arrangements shall be reversed as soon as the suspended lien revives. 1. Substituted by No. FD 61 SRS 63 dated 30.11.1963 (wef 18.12.1963). 2. Deleted by No. FD 89 SRS 67 dated 19.10, 1967. 3. Substituted by No. FD 89 SRS 67 dated 19.10.1967,30 Note - When a postis filled substantively under this clause the appointment will be termed as provisional appointment; the Government servant appointed will hold a provisional lien on the post and that lien will be liable to suspension under clause (a) but not under clause (b) of this Rule. (e) A Government servant's lien which has been suspended under clause (a) of this Rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-clause (1) ‘L...] or (3) of that clause. (fA Government servant's lien which has been suspended under clause (b), of this Rule shall revive as soon as he ceases to be on deputation outside the State of Karnataka or on foreign service or to hold a post referred to in clause (b) provided that a suspended lien shall not revive because the Government servant takes leave if there is reason to believe that he will, on retum from leave, continue to be on deputation outside the State of Karnataka or on foreign service or to hold a post referred to in clause (b) and the total period of absence on duty will not fall short of three years or that he will hold substantively a post of the nature specified in sub clause (1) ‘sss ] OF (3) of clause (a). Note 1 - Only one provisionally substantive appointmentis permissible against one post. A provisionally substantive appointment is permissible against a vacant permanent post. Note 2 - The power to make provisionally permanent arrangements and to order suspension of lien is delegated to Heads of Department in the case of non-gazetted Government servants Note 3 - The lien of a Government servant cannot be suspended while he is on probation in another post. If the Government servant completes the period of probation satisfactorily, suspension of lien may be made with retrospective effect from the date on which the Government servant was transferred to other duty, provided that the conditions in clause (b) above are otherwise satisfied [Note 4 - When a Government servant who has secured employment in one Department of Government under the rules of recruitment, seeks employment on his own accord in 1. Deleted by No. FD 89 SRS 67 dated 22.11.1967. 2. Amended by No. FD 63 SRS 63 dated 28.12.1963.(wef 20.1.1964)31 another unit or Department or in another cadre or grade in the same Department, his lien on the original appointment shall be continued to be maintained provided he has already been confirmed in the post till he is permanently absorbed in the Department or cadre in which he is newly appointed and he shall be given the benefit of the past service for purposes of leave and pension. If, however, he is temporary in the first appointment, he will cease, to have any connection with his old appointment but he shall be given only the benefit of the past service for leave and pension] (g) (i) A Government servant's lien on a post may in no circumstances be terminated even with his consent if the result will be to leave him without a lien, or a suspended lien upon a permanent post. a) (h) Government may transfer to another permanent post in the same cadre the lien of a Government servant who is not performing the duties of the post to which the lien relates, even if that lien has been suspended. Note - The Head of the Department is empowered to transfer alien provided that he or an authority subordinate to him is authorised to make appointments to both the posts concerned. 2{() A Government servant's lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under the Central or State Government outside the cadre on which he is borne]. 3[20-A(1) A Government servant may be transferred from one post to another, provided that except- (i) as penalty imposed for misconduct, or (ii) on his written request. A Government servant shall not be transferred substantively to or except in the case covered by Rule 66 appointed to officiate in a post carrying less pay than the pay of the post on which he holds a lien or would hold a lien had his lien not been suspended under Rule 20. 1. Deleted by No. FD 89 SRS 67 dated 19.10.1967. 2. Inserted by [Link] 89 SRS 67 dated 19.10.67 3. Inserted by No. FD 178 SRS 59 dated 26.8.1959 (wef 3.9.1959.)32 (2) Nothing contained in sub-rule (1) of this Rule or clause (26) of Rule 8 shall operate to prevent the retransfer of a Government servant to the post on which he would hold a lien had it not been suspended in accordance with the provisions of clause (a) of Rule 20). 21. A Government servant may be required to subscribe to a Government Insurance Fund, Provident Fund, a Family Pension Fund or other similar fund in accordance with such rules as the Governor may, under Article 309 of the Constitution, prescribe. 22. Subject to any exception specially made in these rules, a Government servant shall begin to draw the pay and allowance of a post with effect from the date when he assumes the duties of that post and shall cease to draw them as soon as he ceases to discharge those duties. 23. Unless it be otherwise provided by special rule or contract the pay of Government servant begins when he takes charge of the appointment in respect of which it is earned. If the charge is transferred afternoon, the transfer does not affect allowances until the next day. Twelve Noon will be treated as Forenoon If, however, the substantive appointment of a Government servant is changed while he is officiating in an appointment or if while so officiating, a Government servant is appointed for the first time to some substantive office, then, provided that the tenure of his officiating appointment is not interrupted by his new substantive appointment he may draw the pay thereof without joining it from the date on which the substantive office becomes vacant. Promotions involving change of duties shall take effect from the date when the Government servant assumes the duties of that post. 24, Every relieving Government servant is responsible for informing the Government servant to be relieved at the earliest possible moment of the date when he will be in a position to receive charge and it is the duty of the Government servant to be relieved to be in readiness to deliver charge on that date. When more than one day is occupied in making over charge the last day should be entered in the report, and an explanation should be submitted33 [25 xxx]. ADDITIONS TO PAY 7[26(a) Unless in any case it be otherwise distinctly provided the whole time of a Government servant is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority without claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from the Consolidated Fund, from a Local fund or from the Funds of °[a body incorporated or not, which is wholly or substantially owned or controlled by the Government.)] (b) When Municipal Bodies and Other Bodies administering local funds require gratuitous advice and services of officers of the public works or other Departments, Government shall be referred to, which will indicate in each instance to which Government servant application for advice or assistance should be made. The Government servants thus consulted shall give their advice, or if necessary, direct supervision and assistance, without charge. 27. Without the sanction of Government:- (i) no increase may be given to the pay of a Government servant for the performance of any special duty outside the duty of his regular appointment from Local, Municipal or Other Funds administered by Government; (ii) no grant may be given to any Government servant from the Consolidated Fund of the State as a bonus or honorarium for work done on behalf of the above out of office hours and beyond the regular duties of his office, payment for which is a proper charge against it FEES AND HONORARIA General Rules 28(a) Fees:- A competent authority may permit a Government servant, if it be satisfied that this can be done without detriment to his official duties or responsibilities to perform a specified service or series of services for a private person or body or for a public body, including a body administering a local fund and 1. Deleted by [Link] 57 SRS 65 dated 15.6.1968 (wef 11.7.1968). 2. Substituted by No. FD 276 SRS 58 dated 25.11.1958. 3. Amended by No. FD 55 SRS 60 dated 25.4.1960 (wef 5.5.1960).34 to receive as remuneration therefor, if the service be material, a nonrecurring or recurring fee. (b) Honoraria:- A competent authority may grant or permit a Government servant to receive an honorarium as remuneration for work performed which is occasional ‘[or intermittent) in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons, which should be recorded in writing, exist for a departure from the provision, sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the prior consent of Government and its amount has been settled in advance. Note 1 - The following general principles are laid down for payment of fees and honoraria:- (a) No honoraria should be paid in respect of any work which can fairly be regarded as part of the legitimate duties of the Government servant concemed. (b) Itis one of the liabilities of Government servants to have to work outside office hours in exceptional times and circumstances. No honoraria should ordinarily be given on this account, but continuous working out of office hours and on authorised holidays may justify a claim to honoraria or to special pay. (c) No honoraria should be paid to Government servants for attending meetings of Boards and Committees financed wholly or partly [from the Consolidated Fund of the State] (d) The amount of an honorarium or fee must be fixed with due regard to the value of the service in return for which it is given. The maximum fee permitted by any rule is not to be given in cases in which any smaller fee would be fair and sufficient. (e) When the service rendered falls within the scope of the ordinary duties of the Government servant performing it, the text of special merit prescribed in this rule must be very strictly applied. Note 2 - The temporary increase in work due to the holding of special conferences under the auspices of a department of subordinate authority or of interdepartmental committees are normal 1. Inserted by No. FD 362 SRS 59 dated 14.12.1959 (wef 17.12.1959) 2, Substituted by No, FD 184 SRS 59 dated 8,9.1959.35 incidents of Government service, and form part of the legitimate duties of Government servants according to the general principle enunciated in Note 1. Those so employed have, therefore, no claim to extra remuneration. Note 3 - In the case of both fees and honoraria, the sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in Note 1 and shall record also the reasons which in its opinion justify the grant of extra remuneration ‘[(c) Any Government servant is eligible to receive and, except as otherwise provided by a general or special order of the Government, to retain without special permission- (i) the premium awarded for an essay or plan in public competitions; (ii) any reward offered for the arrest of criminal or for information or special service in connection with the administra- tion of justice; (iil) any reward payable in accordance with the provisions of any Act or Regulation or Rules framed thereunder; (iv) any reward sanctioned for services in connection with the administration of the Excise and other Laws; and (v) any fees payable to a Government servant for duties which he is required to perform in his official capacity under any special or local law or by order of Government.] (d) Remuneration shall not be given under these rules for superintending examinations rendered compulsory on persons belonging to the public service, but may be granted in the case of examinations of candidates for admission to the service, or where it has been specially authorised heretofore, or when the fees received from the persons examined meet the whole charge. Note 4 - In the case of all Government servants under their control, the Heads of Departments can sanction the acceptance of remuneration in accordance with the scale sanctioned by Government for work as examiners for examinations conducted by the Educational Department “[xxx] and other Examining Bodies set up by Government, and by the Kamataka University or the University of Mysore 1. Substituted by No, FD 205 SRS 59 dated 8.9.1959 (wef 14,9.1959) 2. Deleted by [Link] 19 SRS 62 dated 15.3.196236 [Note 2 - Government servants are permitted to accept remuneration in accordance with the scale sanctioned by Government for work as examiners in connection with the Service Departmental Examinations conducted by the Karnataka Public Service Commission without the permission of their higher authorities.] [Note 3 - Officers of the Forest Department are permitted to undertake the work of Examiners in connection with the Examination conducted by the Forest Colleges at Dehradun and Coimbatore and to accept remuneration therefore, such remuneration being restricted to Rs.500 in a year.] 5[Note 4 - Government Servants are permitted to accept remuneration in accordance with the scale sanctioned by the Union Public Service Commission for work as examiners, moderators etc., in connection with the service/Departmental Examinations conducted by the Union Public Service Commission without permission of their higher authorities.] ‘[This concession is applicable also to the Government servants appointed as Paper Setters, Moderators or Examiners by the Secretariat Training School, (Examination Wing), Department of Personnel, New Delhi] S[Note 5 - Government Servants are permitted to accept remuneration in accordance with the scale sanctioned by the National Academy of Administration/ National Police Academy for work as examiners, moderators etc., in connection with the examinations conducted by the National Academy of Administration’ National Police Academy without the permission of their higher authorities.] (e) A Government servant called upon by Court of Law to act as a commissioner to give evidence on technical matters may comply with the request, provided that the case is not of such a nature as will be likely to come before him in the course of his official duties, and may accept such fees or honoraria as are fixed by the Court. (f) In other cases, not provided for by existing orders, sanction of Government should be obtained to the grant of remunerations in addition to the fixed pay of any Government servant. Inserted by [Link] 19 SRS 62 dated 15.3.1962 2. Inserted by [Link] 37 SRS 66 dated 17.6.1966 3. Inserted by [Link] 126 SRS 69 dated 29.10.69 (wef 8.9.1969) 4 5. Inserted by [Link] 187 SRS 71 dated 23.11.1971 (wef 23.6.1971) Inserted by No. FD 126 SRS 69 dated 29.1.70 (wef 18.12.1969)37 (g) AGovernment servant whose duties involve the carrying out of scientific or technical research shall not apply for or obtain, or cause or permit any other person to apply for or obtain a patent for an invention made by such Government servant save with the permission of the Government and in accordance with such conditions as Government may impose. FEES - SUBSIDIARY RULES 29(a) Any Government servant may receive a fee froma private person or private body or a public body whose funds are not administered by Government for work done for it, provided :~ (1) he has undertaken the work with the knowledge and ‘[sanction of Government and it can be carried out without detriment to his official duties.] Note - It is incorrect for Government servants, who are wholetime Government employees to accept private employment (particularly part-time work daily) which may conflict with their official duties. Permission for such employment should be accorded only fora work of a quasi-Government nature of an educational Institution, Local Body, or a Co-operative Institution: 7(2 ), (3) xxx] (4) that unless Government by special order otherwise directs, one-third of any fee in excess of Rs.250 or, if recurring, a fee of Rs.250 a year, paid to a Government servant shall be credited to the Consolidated Fund of the State. If any fee to which this Rule applies exceeds Rs.250 non recurring or Rs.250 a year recurring, one-third of the total amount payable should be credited to the Consolidated Fund, provided that the amount retained by the Government servant concerned will not, merely owing to the operation of this rule, be reduced below Rs.250, if non-recurring or Rs.250 a year if recurring. Non-recurring and recurring fees should be dealt with separately and should not be added, for the purpose of crediting one third to General Revenues under this Rule. In the case of the former, the limit of Rs.250 prescribed in this Rule should be applied in each individual case and, in the case of the latter, the limit should be applied with reference to the total recurring fees for the financial year. 1. Substituted by No. FD 43 SRS 68 dated 3.6.1968 (wef 28.6.1968) 2, Deleted by No. FD 43 SRS 68 dated 3.6.68 (wef 28.6.1968)38 ‘[Provided further that where the fee received by a Government Servant in any year exceed Rs.2,500 (whether recurring or non-recurring), fifty per cent of such fee shall be credited to the Consolidated Fund of the State subject to the condition that the amount of the fee retained by the Government Servant shall not be reduced below Rs.1,670 owing to the operation of this proviso] The condition laid down in clause 4 above will not apply in respect of the following items:- (i) fees received by a Government servant in the capacity of an office-bearer of a Co-operative Society working for the benefit of Government servants only; (ii) remuneration earned by Government servants for lectures delivered including radio broadcasts, publication of papers, pamphlets etc., provided that in any individual case the remuneration received for each of the above items does not exceed rupees five hundred on each occasion; (iii) remuneration received by Government servants and members of the teaching staff for work done by them as examiners of the University of Mysore or other Universities or other Examining Bodies; ? pxx..1 (iv) fees received to the extent of ‘[Rs.50] per mensem by Government servants working as part-time teachers in commercial and other Institutions under private management and fees received by a Government servant for part-time work in a Local Body or the Mysore University; (v) remuneration received by Government servants, either from the Government of India or from the funds of Institutions either directly under the control of the Government of India, or aided or sponsored by them or the State Government; ‘[(vi) fees levied for the services of police deputed for duty on the application of private persons, institutions or authority in accordance with rule 507 of the Karnataka Police Manual and disbursed to the staff] '{(vii) Income derived by a Government servant from exploitation of a patent for an invention taken out by him with the permission of competent authority under clause (g) of rule 28.] . Inserted by [Link] 54 SRS 69 dated 12.11.1969 Deleted by [Link] 86 SRS 68 dated 17.6.1968 (wef 11.7.1968) |. Amended by [Link] 16 SRS 65 dated 14.5.1965 (wef 17.6.1965) Inserted by [Link] 267 SRS 59 dated 9.2.1960 (wef 18.2.1960) Inserted by [Link] 88 SRS 60 dated 1.7.1960 (wef 14.7.1960)39 ‘[Note - Remuneration received by Tahsildars or Deputy Tahsildars appointed as Receivers by Courts of Law to take possession of any property which is the subject matter of a dispute pending before the Court, shall be subject to recovery under this clause] (b) when the work undertaken for a private body is such that it must be done during the time which would otherwise be employed In the service of Government, the fee should be credited to Government, ‘[but Government] may grant to the Government servant concerned such portion of the fee realized as it may deem suitable subject to provisions of sub-clause (4) of clause (a) supra. Note 1 - Government servants who serve as Directors of Joint Stock Companies or as members of other institutions (such as the Indian Institute of Science), by virtue of their official position. should credit to Government any fees which they may receive for attending Directors’ or other meetings, and where necessary they will be allowed to draw, on such occasions, travelling allowance as on duty. The officers concerned should invariably furnish in the travelling allowance bills (in which travelling allowance is claimed for attending Directors’ or other meetings of Joint Stock Companies, etc.,) the following certificate:- “Certified that | have not received any amount in the shape of Directors’ fees or sitting fees from the Company for attending meeting in respect of which travelling allowance is claimed or that the fees received have been credited to the Treasury (Government Account)" 2[Note 2 - In cases where travelling allowance is not admissible under the rules a Conveyance Allowance of an amount equivalent to a daily allowance may be allowed. Where however sitting fees and/or Conveyance charges are paid by the institutions or organisations the Directors/ Members may retain an amount equal to a daily allowance and credit the excess to Government] *[(c) xxx] 1. Amended by [Link] 43 SRS 68 dated 3.6.1968 (wef 28.6.1968) 2. Substituted by [Link] 67 SRS 67 dated 6.3.68. 3. Deleted by [Link] 43 SRS 68 dated 3.6.68 (wef 28.6.1968).40 (d) This rule does not apply to medical officers who are allowed to accept fees from private persons for professional attendance subject only to such conditions as Government may prescribe from time to time. 30(i) A Government servant appointed as a Director of Autonomous Organisation like Government Industrial and Commercial Undertakings, shall draw for journeys performed in connection with the affairs of any such organisation, his travelling allowance under the Government rules applicable to him and from the source from which he draws his pay. He should not draw any such allowance from the organisation. In the claim preferred against the Government a certificate that he has not claimed or drawn any travelling allowance from the organisation shall be furnished by the Government servant. (ii) If the journey is solely or mainly in connection with the affairs of the organisation or body, the whole expenditure on the travelling of the Government servant, which is initially paid by the Department concerned, shall be reimbursable from the organisation to the Government even though the Government servant performs other Government duties at the place of halt. Where, however, the journey is not mainly on account of the affairs of the organisation, the entire expenditure on the travelling allowance of the Government servant shall be borne by the Government. ‘[Exception:- The teaching staff of the Government Colleges are permitted to prefer their claim for travelling and daily allowance according to the rules of the Bangalore or Mysore or Karnataka Universities as the case may be and obtain payment direct from the universities concerned in respect of their journeys and halts connected with the work of the Universities.] (iii) The recovery effected from the organisation may be treated as the revenue of the department concerned. (iv) The authority controlling the allotment of funds for travelling allowance shall be the sole judge for determining whether recovery should be made or not from the organisation in each case and shall be responsible for preferring the claim for reimbursement of travelling allowance charges against the organisation concerned. 1. Inserted by No. FD 21 SRS 66 dated 1.6.1966 (wef 29.12.1965)41 A copy of the claim should be endorsed to the Audit officer concerned, who shall then watch actual recovery from the organisation and its credit to Government. ‘[(v) provisions of clauses (ii) and (iii) shall also apply to a Government servant appointed as a Director etc., of a private company which does not receive any financial assistance from the Government or in which Government funds are not invested. (vi) Ifa Government Servant in foreign service is required to work in some capacity for a third party and receives fees from that party, such fees less the amount of expenditure incurred on him by the foreign employer by way of travelling allowances (which shall be reimbursed to the foreign employer) shall be credited to Government. (vii) The amount in respect of travelling allowance received from the private company whether during the same financial year or subsequently, shall be adjusted as recovery under the minor head “Deduct-Amounts recovered from other Government, Departments etc.” under the same Major Head under which the travelling allowance initially borne by the Goverment was adjusted.] 2[Note - The provisions of this Rule apply also to the journeys performed by the Government servants in connection with the affairs of the Non-Government or Semi-Government Institutions, Bodies which receive grants-in-aid from Government and on which or on whose governing Bodies they are appointed as Government representatives or to whose affairs they are required to attend in any other capacity under official arrangements.] 1. Inserted by [Link] 134 SRS 72 dated 8.5.1973 (wef 7.6.1973) 2. Inserted by [Link] 166 SRS 59 dated 23.7.1959 (wef 30.7.1959)42 CHAPTER III REGULATION OF EMOLUMENTS 31, An officiating arrangement is permissible in a post of which either there is no holder or of which the holder is an absentee. Exception:- When a Judicial Officer, ‘[presiding over a combined court (Civil and Criminal)] is allowed to avail himself of the summer vacation, an officiating appointment may be made during the vacation for the disposal of criminal work, Note - With the general or special sanction of Government acting appointments may be made in place of officers ordered or permitted to undergo a course of training 2[Explanation: In the case of a Government servant deputed for training or a course of Instruction it is not necessary to create a new post in order to accommodate him during such training or course of instruction since the very order posting him for training, etc. would be considered as a sanction in this behalf.] 3[31-A. A Government servant who is on training the period spent on which is treated as duty under rule 8 (15) (c), may be granted such pay as the Government may consider equitable but in no case exceeding the pay which he would have drawn had he been on duty other than duty under rule 8 (15) (c).] “{Explanation:- A Government servant who is on training may be given regular promotion and allowed by the competent authority to draw the pay of the higher post against which he would have officiated but for his deputation to undergo training ] Instructions:- [According to the Explanation below Rule 31-A of Kamataka Civil Services Rules, a Government servant who is on training may be given regular promotion and allowed by the competent authority to draw the pay of the higher post against which he would have officiated but for his deputation to undergo the training. 1. Substituted by [Link] 48 SRS 60 dated 23.8,1960 (wef 1.9.1960). 2. Inserted by [Link] 8 SRS 66 dated 1.6.1966. 3. Inserted by [Link] 35 SRS 68 dated 21.10.1971 4, Substituted by [Link] 180 SRS 74 dated 18.4.75 (wef 21.10.1971), 5. No. FD 30 SRS 78 dated 21.6.1978.43 The matter has been further examined and it is hereby clarified that, a Government servant who has been deputed for a course of instruction or training authorised by or under orders of Government and who is treated as on duty, according to rule 8 (15) (c) of Kamataka Civil Services Rules may be- (i) given regular promotion by the competent authority with effect from the date on which the Government servant junior to him in the cadre of his service assumes charge on promotion to a post in the next higher cadre, and (i) allowed to draw such pay in the pay scale of the higher cadre as he would have drawn from time to time but for his deputation to undergo such instruction or training. 3. The above benefit of promotion and consequential fixation of pay may be given subject to fulfilment of the following conditions:~ (i) The Government servant undergoing training or instruction is otherwise eligible for promotion, according to the rules of recruitment, and (ii) All his seniors, except those regarded as unfit for promotion have been promoted ] 32. Instead of appointing a Government servant to officiate, it is also permissible to appoint him to be in charge of the current duties of a vacant post. In such a case a ‘charge allowance’ (additional pay) is payable as specified in Rule 68. ‘[Note 1,- A Government servant can be appointed under this Rule to be in-charge of the current duties of a vacant post only if he is eligible to be promoted to officiate in that post according to the Cadre and Recruitment Rules applicable to that post or if he is holding a post in an equivalent or higher grade.] [Note 2 - The provisions of this Rule apply also to cases where a Government servant being relieved of his own appointment is appointed to be in independent charge of a higher appointment as a temporary measure.] ‘[Instructions:— The following delegation of powers to the Secretaries to the Administrative Departments of the Government is hereby ordered to be given effect to from 1st November 1977 1. Inserted by No. FD 7 SRS 75 dated 22.4.1976 (wef 20.5.1976). 2. Amended by No. FD 97 SRS 61 dated 1.11.1961 3. No. FD 7 RFP 77 dated 17.10.1977.44 Nature of power Further financial powers delegated to Secretaries to Government Continuation of independent charge Full powers] arrangements beyond six months and payment of charge allowance (Rule 32 of Karnataka Civil Services Rules) ‘[Note 3:- The Authority competent to make incharge arrangements specified in column (1) of the table below, may make incharge arrangements for vacant posts in respect of subordinate Government servants holding the posts in the scales of pay specified in column (2) thereof to the maximum duration specified therein. ‘Authority competent to make in charge Posts in the scale of pay of arrangements i) (2) Rs.7400- | Rs.5575-10620 | Rs.2500-3850 13120 and_| and above but | and above but above below below Rs.5575. Rs.7400-13120 10620 Heads of Departments. 4 months 6 months Full Powers Divisional level officers 3 months 4 months Full Powers District level officers 2 months 3 months Full Powers Sub divisional officers - - Full Powers Taluk level officers - - Full Powers] 33. ‘Permanent Post’ is defined in Rule 8 (34). Without the authority of Government,- (i) no new appointment may be created; and no addition may be made to the pay and allowances of any Government Servant; (ji) no appointment may be abolished; and the pay and allowances of no appointment may be reduced; 1. Inserted by No. FD 4 SRA 99 dated 2-6-2000 (wef 1- 1999)45 (ii) no class or grade of Government servants may be created or abolished, and the pay of no class or grade of Government servant may be raised or reduced. Exception:- An addition to the scale of appointments in the lower grade as against a vacancy in higher grade may be allowed temporarily on occasions. 1[34. A temporary post is defined in Rule 8(46), No temporary post may be created without the sanction of Govern- ment. Government may, however, delegate this power to Heads of Departments and other authorities subject to such limits and conditions as they deem fit.] 35. Tenure post is defined in Rule 8(47). A Government servant may be confirmed against a tenure post. The emoluments drawn by a Government servant in a tenure post count for pension if the Government servant is appointed substantively to that post. 36. A Government servant when appointed to officiate in a post which is tenable by a Government servant of any one of the several grades or classes in a cadre shall, save as otherwise directed by Government, be given officiating pay calculated in the pay of the lowest grade or class in the cadre. 37.(a) The pay of a Government servant officiating in a post, the pay of which is subject to increase upon the passing of an examination or upon the completion of certain period of service, is the pay which he would from time to time receive ifhe held the post substantively. (b) The pay of a Government servant officiating in a post, the pay of which has been reduced with effect from the next succession thereto, is the reduced pay. 38. The pay of a Government servant officiating in an appointment the pay of which has been increased with effect from the next succession thereto, is the increased pay. 39. The fixation of Pay of a Government servant is within the competence of Government provided that, except in the case of Personal Pay granted in the circumstances defined in Rule 8(35) the pay of Government servant 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 the same cadre on a rate of pay equal to his pay when increased. 1. Substituted by No. FD 58 SRS 60 dated 14.5.1960 (wef 20.5.1960)46 40. Time scale of pay - Rules 41 to 49 apply to time scales of pay generally. They do not, however, apply to any time scale in so far as they are inconsistent with terms specially sanctioned for such time scale. 41. The initial substantive pay of a Government servant 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 under Rule 20,- (i) When appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of rule 44) 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 permanent post; (ji) When appointment to the new post does not involve such assumption of duties or responsibilities he will draw, as initial pay, the stage of the time-scale which is equal to his substantive pay, in respect of the permanent post, or if there is no such stage, the stage next below that pay, plus personal pay equal to the difference, and in either case will continue to draw that pay until such time as he would have received an incrementin the time scale of the permanent post, or for the period after which an increment is earned in the time-scale of the new post whichever is less. But if the minimum pay of the time-scale of the new post is higher than his substantive pay in respect of the permanent post he will draw that minimum as initial pay; (iii) When the appointment to the new post is made on his own request and the maximum pay in the time-scale of that post is less than his substantive pay in respect of the old post, he will draw that maximum as initial pay. (b) If, the conditions prescribed in clause (a) are not fulfilled he will draw as initial pay the minimum of the time-scale: Provided that both in cases covered by clause (a) and in cases (other than cases of re-employment after resignation or removal or dismissal from the public service) covered by clause (b) if the Government servant either- (1) has previously held substantively or officiated in,- (i) the same post, or47 (ii) a permanent or temporary post on the same time-scale, or (iii) a permanent post other than a tenure post on an identical time-scale, or (iv) a temporary post on an identical time-scale, such post being on the same time-scale as a permanent post; or (2) is appointed substantively to a tenure post on a time scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated; then the initial pay shall not be less than the pay, (other than special pay, personal pay or emoluments classed as pay by Government) which he drew on the last such occasion, and he shall count the period during which he drew that pay on such last and any previous occasions for increments in the stage of the time-scale equivalent to that pay; provided further where the pay last drawn by the Government servant in a temporary post has been inflated by the grant of premature increments, the pay which he would have drawn but for the grant of such increments shall, unless otherwise ordered by the authority competent to create the new post, be taken for the purposes of the preceding proviso to be the pay which he last drew in the temporary post. “Note 1] Note 2 - The personal pay, mentioned in sub-clause (a) (ii) of this Rule should be given to a Government servant only for the purpose of initial pay and not at any subsequent stage in the new time-scale in which the Government servant might draw less pay than he would draw had he remained in the old scale. Accordingly when the next increment in the time scale of either the new or the old post falls due, the Government servant should draw the next increment in the time-scale of the new post, and forthwith lose the personal pay and all connection with the time-scale of his old post Note 3 - The expression ‘if he holds a lien on a permanent post’ occurring in clause (a) of this Rule should be held to include the lien on a permanent post to which a Government servant is appointed in a provisionally substantive capacity under Rule 20 and the expression ‘substantive pay’ in respect of the permanent post, occurring in that Rule should be held to include his substantive pay 1. Deleted by No. FD 41 SRS 62 dated 16.10.62 (wef 1.4.1958)48 in respect of that provisionally substantive appointment. This Rule should therefore, be held to permit the substantive pay in respect of a provisionally substantive appointment being taken into account in determining his initial pay in another post to which he is appointed When the initial pay of a Government servant in a postis thus fixed, it will not be effected even if during the tenure of his appointment to that post he reverts from his provisional appointment. Note 4 - For the purposes of this Rule and Rule 44 a declaration as to the relative degrees of responsibility of two posts should be obtained from the administrative Head of the Department or from Government according as the posts are in the same Department or in different Departments. A declaration is, however, necessary only when the relative degrees of responsibility are not obvious beyond doubt. Note 5 - For the purposes of this Rule and Rule 43 a temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on a different rate of pay is not the "same post as the permanent post even though the duties remain the same. In other words in view of Rule 8(46) the temporary post is to be regarded as having ceased to exist and to have been replaced by the permanent post. The incumbent of the temporary post is thus entitled only to the pay of the permanent post if it is on a fixed rate of pay or to the minimum of the time scale of the permanent post ifit is on a time-scale unless his case is covered by the concession admissible under Note 1. Note 6 - In the case of a Government servant appointed substantively to a post in which he has previously officiated and whose present substantive pay is the same as the pay which he drew when last officiating, the initial pay should be fixed with reference to his substantive pay in respect of the old post. Accordingly when a Government servant is appointed to a post substantively while officiating in it, he is entitled to have his pay fixed anew with reference to his substantive pay at the time in respect of his old permanent post. ‘[Note 7 - A Government servant serving as a local candidate if appointed subsequently as a direct recruit to the same post, will continue to draw his pay with future increments as they fall due provided that where a period of probation is fixed, an increment or increments falling due “[(during and after that period 1. Amended by No. FD 80 SRS 61 dated 24.3.1962. 2. Amended by No. FD 80 SRS 61 dated 30.3.1962