Information on civil service rules regarding employee leave during employment
Civil Services (Temporary Service) Rules, 1965 are framed under Proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor General in reference to persons serving within the Indian Audit and Accounts Department to manage the conditions of service of temporary Govt. servants. These Rules supersede the Central Civil Services (Temporary Service) Rules, 1949.
most of the instructionsand orders incorporated within the brochure containing the Central Civil
Services (Temporary Service) Rules, 1949 are
still effective exception thus far as they're inconsistent with the Central
Civil Services (Temporary Service) Rules, 1965. The
instructions/orders which are still applicable have, therefore, been given
under the relevant rule for information and guidance.
The Central Civil
Services (Temporary Service) Rules, 1965
along side the relevant orders issued by Government from time to time are
1. Short, title commencement and application.
(1) These rules could also be called the Central Civil
Services (Temporary Service) Rules, 1965.
(2) They shall inherit force with effect from 1st May, 1965.
(3) Subject to the provisions of sub-rule (4), these rules shall apply to all or any persons:-
(i) who hold a civil post including all civilians paid from
the defence services estimates under the govt of India and who are under
the rule making control
of the President, but who don't hold a lien or a suspended lien on any post
under the govt of India or any State
Government;
(ii) who are employed temporarily in work-charged
establishments and who have opted for pensionary benefits.
(4) Nothing in these rules shall apply to:-
(a) railway servants;
(b) Government servants not in whole-time employment;
(c) Government servants working on contracts;
(d) Government servants paid out of contingencies;
(e) persons employed in extra-temporary establishments or
in
work-charged
establishments aside from the persons employed temporarily and who have opted
for pensionary benefits.
(f) non-departmental telegraphists and telegraphmen
employed
in the Posts and
Telegraphs Department;
(g) such other categories of employees as could also be
specified by
the Central Government by
notification published within the Official gazette.
2. Definitions
In these rules, unless
the context otherwise requires:-
(a) "appointing authority" means in reference to
a specified post, the authority declared intrinsically under the Central Civil
Services
(Classification, Control and Appeal) Rules, 1965;
(b & c) omitted
"temporary service" means the service of a short
lived Government servant during a temporary post or officiating service during
a
permanent post under the
govt of India.
(e) "Defence Services" means services under the
govt of India within the Ministry of Defence and within the Defence Accounts
Departments under the
control of the Ministry of Finance (Department of Expenditure) (Defence
Division) paid out of the Defence Service Estimates and
not permanently subject
to the Air Force Act, 1950 (45 of 1950) or the military Act, 1950 (46
of 1950) or the Navy Act, 1957 (62 of 1957)"
Government of Indias
decisions:
(1)
(a) Only service rendered during a civil post under the
govt of India is treated as temporary service for this purpose.
(b) The term "Government service" includes
periods of duty and periods of leave including extraordinary leave.
(c) Prior service rendered in establishments paid from
Defence Estimates and repair rendered in Railway Department is additionally
counted for quasi-permanency.
(d) "War service" as defined below shall be
counted as service for purposes of quasi-permanency:
(i) Service of any kind during a unit or formation
responsible for service overseas or in any operational area;
(ii) Service in India under military, munitions or stores
authorities with a liability to service overseas or in any operational area;
(iii) All other service involving subjection to naval,
military or air forc
Death Gratuity
(2) within the event of death of a short lived Govt.
servant while in commission , his family shall be eligible for family pension
and death gratuity at an equivalent scale and under an equivalent provisions as
are applicable to permanent Central Civilian Government servants under the
Central Civil Services (Pension) Rules, 1972;
(3) No gratuity shall be admissible under this rule to a
Government servant,-
(a) who resigns his post or who is removed or dismissed
from service as a disciplinary measure;
(b) who is re-employed after retirement on superannuation
or retiring pension.
Provided that a short
lived Government servant who resigned from service to require up, with prior
permission, a meeting under an organization or Company wholly or substantially
owned or controlled by the govt or in or under a body controlled or financed by
Government shall be paid terminal gratuity at the speed prescribed under
sub-rule (1) in respect of
the service rendered by
him under the Government:
Provided further that a
short lived Government servant who has been absorbed during a Central
autonomous body, with the permission of the parent department, shall have an
choice to count the service rendered under the govt for the aim of pension
under the autonomous body if it's a pension scheme, rather than drawing the
terminal gratuity under the primary proviso.
Explanation- For the aim
of this sub-rule –
(i) "Central autonomous body" means a body which
is financed wholly or substantially from cess or Central Government grants and
includes a Central statutory body or a Central University but doesn't include a
public undertaking falling under the purview of the Bureau of Public
Enterprises;
