Saturday, July 2, 2011

Clarification regarding Rule 59, Mysore Civil Services Rules.

O.M.No.FD 92 SRS 60, dated: 1st December 1960.
Sub:- Clarification regarding Rule 59, Mysore Civil Services Rules.
Doubts have been expressed as to the exact interpretation of Rule 59 of the Mysore Civil Services Rules, and therefore the following clarifications are issued for the information and guidance of all concerned.
"Instruction" below Rule 59:-
"(a) Every order passed by a competent authority imposing on a Government servant the penalty of reduction to a lower stage in a time-scale should indicate.
(i) the date from which it will take effect and the period (in terms of years and months) for which the penalty shall be operative;
(ii) the stage in the time-scale (in terms of rupees to which the Government servant is reduced; and
(iii) the extent (in term of years and months) if any, to which the period referred to at (i) above should operate to postpone future increments.
It should be noted that reduction to a lower stage in a time-scale is not permissible under the rules either for an unspecified period or as a permanent measure. * Deleted by on No. FD 17 SRS 76 Dated 28th September 1978 [Also when a Government servant is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction.] The period to be specified under (iii) should in no case exceed the period specified under the period specified under (i);
(b) The question as to what should be the pay of a Government servant on the expiry of the period of reduction should be decided as follows:-
(i) If the order of reduction lays down that the period of reduction shall not operate to post-pone future increments, the Government servant should be allowed the pay which he would have drawn in the normal course but for the reduction. If however, the pay drawn by him immediately before reduction was below the efficiency bar he should not be allowed to cross the bar except in accordance with the he provision of rule 52;
(ii) If the order specifies that the period of reduction was to operate to postpone future increments for any specified period the pay of the Government servant shall be fixed in accordance with (i) above but after treating the period for which the increment were to be postponed as not counting for increments.

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