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TO BE PUBLISHED IN HARYANA STATE GOVERNMENT GAZETTE-EXTRA

Notification

FINANCE DEPARTMENT No. 189-FD(F.C.Cell)-2000 Dated, Chandigarh, the 4th January, 2001

In pursuance of the recommendations of the Eleventh Finance Commission as contained in Chapter VII (paras 7.7 to 7.25, 7.33, 7.53 and 7.54) of its report and accepted by the Govt. of India, the Governor of Haryana is pleased to constitute the ―State Level Empowered Committee‖ (SLEC) with a view to sanction the schemes and monitor the utilisation of special/upgradation grants recommended by the Eleventh Finance Commission. The composition of the SLEC is as under :-

Chief Secretary Chairman

Principal Secretary/Chief Minister Member

Financial Commissioner, Finance Member

Financial Commissioner, Planning Member

Joint Secretary, Finance (Budget) will act as Member Secretary of the SLEC. 2. The Eleventh Finance Commission has recommended grants to various States for meeting their requirements in regard to special problems faced by them and for upgradation of standards of services in non-development and development sectors. The SLEC shall be competent to :-

(i) Sanction schemes, provide funds and monitor the progress of implementation of the schemes framed under upgradation/special problem grants recommended by the Eleventh Finance Commission.

(ii) Suggest modification under specific items, if any, keeping in view the overall allocation made to the state.

(iii) Suggest appropriate measures for optimum utilisation of upgradation/ special problem grants.

(iv) Examine other schemes which are or may be referred to it by the State Govt. from time to time.

3. In the fulfilment of its work, the SLEC may call for the concerned Administrative Secretaries and Heads of the Departments as and when required and will have an access to such departmental files and documents as it may consider necessary.

4. The Town and Country Planning Department will be Nodal Department for Special Problem grants.

5. The SLEC should meet regularly (preferable not less than once in two months) in order to resolve any problems that may occur during the process of formulation and implementation of the schemes.

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6. The action plans including the time schedule for various stages of the project and for requirement of funds, duly approved by the SLEC will require to be submitted by the State Finance Department to the Finance Commission Division, Department of Expenditure, Ministry of Finance, Government of India for information. Dated, Chandigarh, A.N. MATHUR the 20.12.2000 Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 189-FD(F.C.Cell)-2000 Dated, Chandigarh, the 4.1.2001 A copy is forwarded for information of :-

Principal Secretary/Chief Minister Financial Commissioner Finance Financial Commissioner Planning. Sd/- Research Officer, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 189-FD(F.C.Cell)-2000 Dated, Chandigarh, the 4.1.2001 A copy is forwarded to Controller, Printing and Stationery, Haryana, Chandigarh for publication of the notification ibid in Haryana Govt. Gazette (Extra-ordinary). He is requested to furnish 20 copies of the notification to the Finance Department (Finance Commission Cell) Sd/- Research Officer, for Financial Commissioner & Secretary to Govt., Govt. Haryana, Finance Department. Endst. No. 189-FD(F.C.Cell)-2000 Dated, Chandigarh, the 4.1.2001 A copy is forwarded to the Accountant General (A&E) Haryana and the Accountant General (A), Haryana for information. Sd/- Research Officer, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 189-FD(F.C. Cell)-2000 Dated, Chandigarh, the 4.1.2001 A copy is forwarded for information to :-

1. Director, Public Relations, Haryana, Chandigarh. 2. All Heads of Departments in Haryana. 3. All Deputy Commissioners in Haryana. 4. Secretary to Governor, Haryana, Chandigarh. 5. Commissioners of Ambala, Rohtak, Hisar and Gurgaon Divisions.

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Endst. No. 189-FD(F.C.Cell)-2000 Dated, Chandigarh, the 4.1.2001 A copy is forwarded to the OSD/CS for the information of Chief Secretary. Sd/- Research Officer, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 189-FD(F.C.Cell)-2000 Dated, Chandigarh, the 4.1.2001 A copy is forwarded to the Joint Secretary, Finance (B), Haryana for information. He will act as Member Secretary of the SLEC. Sd/- Research Officer, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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These instructions have become obsolete.

No. 1/2(8)98-2FR-II From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated: 10th January, 2001 Subject : Payment of balance arrears of revised Pension/Family Pension of pre-1986 and

pre-1996 Pensioners/Family Pensioners. Sir, I am directed to invite your attention to FD‘s notifications No. 1/2(8)/98-2FR-II (Part-IV), dated 13.1.2000 and 1/2(8)/98-2FR-II(Part-V), dated 18.1.2000, on the subject noted above and to state that the matter regarding payment of balance of arrears on account of revision of pension/family pension of pre-1986 and pre-1996 pensioners/family pensioners has been under consideration of the Government for some time past and after due consideration it has now been decided that the payment of balance arrears of pension/family pension be made immediately in the month of January, 2001.

1. In case, the undertaking as specified in the notifications referred to above has not been obtained earlier, the same please be obtained now before the release of the balance of arrears.

Yours faithfully,

Sd/- Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 28/48/99-5B&C

From Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana. Dated : 17th January, 2001 Subject : Opening of new Sub Heads and Detailed Head of Account. Sir, In continuation of F.D. Endst. No. 28/48/99-5B&C dated 26.04.2000 and 2/4/2000-1B&C dated 17.08.2000 on the above subject, I am directed to say that it is mandatory to seek the advice of the Accountant General (A&E), Haryana in the matter of opening of Sub Heads and below in the budget. It has, however, been pointed out by the Comptroller and Auditor General of India that this requirement has not been observed in some cases. This not only goes against constitutional requirements, but also creates accounting problems. It is, therefore, re-iterated that whenever a need arises in future to open a new Sub-Head (New Scheme) under concerned Major/Minor Heads, a proposal in the enclosed proforma be sent to the Accountant General (A&E), Haryana through the Finance Department well in advance of sending the final budget proposals to the Finance Department. It may be noted that no new Sub-Head (New Scheme-both Plan and Non-Plan) will be included in the budget proposals unless it is approved by Accountant General (A&E), Haryana. These instructions may be brought to the notice of all concerned for strict compliance. Yours faithfully, Sd/- (P.K. Das) Joint Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 28/48/99-5B&C Dated 17.01.2001 A copy is forwarded to the Accountant General (A&E) Haryana, for information. Sd/- (P.K. Das) Joint Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners and Administrative

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Secretaries to Government, Haryana for information and necessary action. Sd/- (P.K. Das) Joint Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Financial Commissioners & Administrative Secretaries to Government, Haryana. U.O. No. 28/48/99-5B&C Dated 17.01.2001 A copy is forwarded to all the Branch Officer/Supdts. in FD for information and necessary action.

They are requested to obtain the approval of Accountant General (A&E) Haryana in all such cases where a new sub head (scheme) is to be included in the Haryana Government budget as per procedure laid down above. Sd/- (P.K. Das) Joint Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Branch Officers/Supdts. of Finance Department. U.O. No. 28/48/99-5B&C Dated 17.01.2001 Contd… Encl.

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ILLUSTRATIVE SHAPE OF PROPOSAL FOR OPENING SUB-HEAD/ DETAILED HEAD/OBJECT HEAD OF ACCOUNTS.

1. Brief background note giving the details of the Scheme, activity etc. 2. Proposed sub-head/detailed head/object head with ‗details of the functional head and minor head.

Major Head (Function) illustration

2210 Medical & Public Health

(Code) (Name)

Sub-Major Head (Sub Major function)

06 Public Health

(Code) (Name)

Minor Head

* as per List of Major and Minor Heads

(programme)

101 Prevention & Control of Diseases

(Code) (Name)

Sub-Head (Scheme like)

Code National Anti-Malaria

Programme (NAMP)

Code. Trachoma & Blindness

Control (TBC) Programme

Code National AIDS

Control (NAC) Programme

(Code) (Name)

(Proposed)

Detailed Head (Sub Scheme like

Code Directorate of NAMP

Code TBC Cell

Code NAC Organisation)

(Code) (Name)

(Proposed)

Object Head (Standard object of expenditure like

Code Salaries

Code Wages,

Code Grants-in-Aid etc.)

(Code) (Name)

(Proposed)

3. Details of other Heads such as Group Head, Sub Object Head, if any, in operation

at present. 4. Name of the existing sub-head/detailed head etc. below which the new sub-head/

detailed head etc. is proposed to be opened. 5. Whether any foot note is proposed to be inserted in respect of the new accounting

heads. If so, the details therefore. 6. Accounting arrangements/procedure, if any, proposed for the new sub-head/detailed

head, etc. 7. Comments/views of the Finance Department.

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PROPOSAL FOR OPENING SUB-HEAD/DETAILED HEAD/ OBJECT HEAD OF ACCOUNTS

1. Brief background note giving the details of the Scheme, activity etc. 2. Proposed sub-head/detailed head/object head with details of the functional head and

minor head.

Major Head* (Function) 0000(Code) (Name)

Sub-Major Head* (Sub Major function) 00(Code) (Name)

Minor Head*

* as per list of Major and Minor Heads

(Programme) 000(Code) (Name)

Sub-Head (Scheme) (Code) (Name)

(Proposed)

Detailed Head (Sub Scheme) (Code) (Name)

(Proposed)

Object Head (Standard object of expenditure)

(Code) (Name)

(Proposed)

3. Details of other Heads such as Group Head, Sub Object Head, if any, in operation at

present. 4. Name of the existing sub-head/detailed head etc. below which the new sub-head/

detailed head etc. is proposed to be opened. 5. Whether any foot note is proposed to be inserted in respect of the new accounting

heads. If so, the details therefore. 6. Accounting arrangements/procedure, if any, proposed for the new sub-head/detailed

head, etc. 7. Comments/views of the Finance Department.

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These instructions have been Revised vide No. 5/27/98-1FR, Dated 31.12.2010.

No. 5/27/98-1FR-II

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All the Heads of Departments, Commissioner, Ambala/Hisar/Rohtak/Gurgaon Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 22nd January, 2001

Subject : Revised rates of Travelling Allowance, Daily Allowance etc. admissible on the new scales of pay.

Sir, I am directed to refer to the Finance Department, circular letter No. 5/27/98-1FR-II (Part-I), dated 29.7.98 on the subject noted above and to say that after careful consideration Haryana Government has further decided to make partial amendment in Grade-I category of Para ‗A‘ of the said circular with immediate effect :-

A-Pay Range

Grade-I All employees from Class-I and drawing pay of Rs. 16,000/- and above per month.

Yours faithfully,

Sd/- (Ranju Parsad) Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 5/27/98-1FR-II Dated, Chandigarh, the 22nd January, 2001

A copy alongwith a spare copy, is forwarded to the Accountant General, Haryana for information and necessary action. Sd/- (Ranju Parsad) Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all the Financial Commissioners, Haryana and all Administrative Secretaries to Government of Haryana for information and necessary action.

Sd/- (Ranju Parsad) Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To All the Financial Commissioners, Haryana. All Administrative Secretaries to Government, Haryana. U.O. No. 5/27/98-1FR-II Dated, Chandigarh, the 22nd January, 2001 A copy each is forwarded to the Principal Secretary/Special Principal Secretary/ Additional Principal Secretaries I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

Sd/- (Ranju Parsad) Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Special Principal Secretary/Additional Principal

Secretaries I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

U.O. No. 5/27/98-1FR-II Dated, Chandigarh, the 22nd January, 2001.

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IMPORTANT ECONOMY INSTRUCTIONS

No. 5/1/2001-1B&C

From

Financial Commissioner & Secretary to Government, Haryana, Finance Department.

To

All Heads of Departments In Haryana State, All Commissioners of Divisions in Haryana State, The Registrar, Pb. & Hr. High Court, Chandigarh, All District & Sessions Judges In Haryana State All Deputy Commissioners & Sub Divisional Officers (Civil) in the State of Haryana.

Dated, Chandigarh, the 22nd January, 2001

Subject : Control over electricity consumption and expenditure thereon.

Sir,

I have been directed to invite your attention to the subject cited above and state that the Haryana State Electricity Regulatory Commission has announced its Distribution and Retail Supply Tariff order effective from 1st January, 2001 and the Distribution Companies have also issued the requisite notification. Revised electrical Power tariffs applicable to various Government consumer departments establishments are as contained in the table enclosed with this letter. The revised tariffs are going to result in a substantial increase in expenditure on this object. As such, special concerted efforts are required on the part of Government offices/establishments to contain expenditure on this account. Accordingly following guidelines instructions are issued for meticulous compliance in this respect :-

1. Electrical Power is an expensive and scarce resource. Every kwh (unit) of energy saved is energy generated. Optimal use of this resource, thus, cannot be over emphasized. The consumer departments and all the offices under their control are advised to treat expenditure on this item as if it is their personal expenditure and are expected to follow the most prudent norms of consumption.

2. The concerned officers/employees ensure against misuse/abuse of electrical energy. It would not only call for economical use but also require adopting ‗demand side management' measures e.g. switching over to use of power-efficient devices for lighting (for example, use of CFL lamps and 36 watt tube-lights) and other electrical gazettes. Hence, the offices should switch over to power efficient devices in a phased manner.

3. Adequate attention has not been paid in the past to the issue of ‗sanctioned connected load‘ in the past. This has acquired a special significance now in view of the sharp increase in MMC (monthly minimum charges). Hence, all the office establishments must get their sanctioned loads re-assessed and applications be made to the concerned offices of the Distribution Companies for accurate revision and correction thereof. The latest instructions on the subject (method of calculation of load) are contained in the erstwhile HSEB Sales Circular No. 11/95 issued vide Memo No. Ch-49/SS-229 dated 15/06/95.

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They should approach the officers/oificials of the Distribution Companies for any further guidelines clarifications in this respect.

4. It is also understood that the electrical meters in public offices are either not working properly or the bills are being raised on average consumption basis. In certain cases, the meters may even be funning faster. A quick response on the part of the respective controlling officers is called for in all such cases to get their defective dead-stop meters replaced with accurate meters. It may be kept in mind that it is more in the interest of the Consumer department than the Utility to insist on correct metering equipment so that over-billing, if any, is controlled at all costs.

5. In case of electricity connections exceeding 70 kw connected load, the connections have been sanctioned on the basis of connected load. The concept of ‗Contract demand‘ in respect of HT connections has to be followed in all such cases in order to ensure against levy of MMC on the basis of connected load. This may be done in consultation with the officers of the Distribution Companies.

6. The Departments are further advised to get their connections classified in the appropriate category viz. Domestic, Non domestic, Bulk Supply etc. so as to ensure that they are billed according to the most economical tariffs. The Departments, once having assessed their connected loads correctly, should switch over to HT connections (at least on 11 kv system in respect of loads exceeding 20 kw) in so far as practicable so that the appropriate concession in tariff applicable to the appropriate category is availed of.

7. The surcharge on delayed payments has been fixed at rates varying between 2% per month to 5%. Hence, the consumer departments offices must ensure that payments are made well within time. An entry to this effect will be recorded in the cash book/ledgers that every bill has been paid in time and that no surcharge has been paid. Any payment made towards surcharge for delayed payments will be recovered from the concerned controlling officer from his pocket. However, this would not be applicable in cases where the payment gets delayed on account of lack of budgetary allocations issue of LOCs.

8. Steps mentioned in paragraphs 3,4,5 and 6 must be completed by 31st March, 2001 under all circumstances. A compliance report shall be submitted by all concerned to the Finance Department through their respective Administrative Secretaries.

9. Since the Budget proposals for the F.Y. 2001-02 are under process/ submission by the Departments, it should be ensured that the demand estimates are realistic on this account keeping in view the economy to be exercised in this respect.

Yours faithfully, Sd/- (P. K. Das) Joint Secretary Finance (Budget), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 5/1/2001-1B&C Dated : 22.1.2001

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A copy each is forwarded to all the Financial Commissioners & Administrative Secretaries to the Government of Haryana. They are requested to hold meetings with their respective HODs to prepare an Action Plan and review implementation thereof within the prescribed time-frame at their level. Sd/- (P. K. Das) Joint Secretary Finance (Budget), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 5/1/2001-1B&C Dated : 22.1.2001 A copy each is forwarded to the Managing Directors of Uttar Haryana Bijli Vitran Nigam (UHBVN) and Dakshin Haryana, Bijli Vitran Nigam (DHBVN) respectively, They are requested to extend all necessary assistant to the Government consumer Departments in implementation of these instructions.

Sd/- (P. K. Das) Joint Secretary Finance (Budget), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Contd… Encl..

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ENCLOSURE

Category Types of Consumers Tariff Min. Monthly Charge Surcharge

Domestic Hostels of Educational Institutions (including mess/canteen) Working women hostels run by Red Cross and Social Welfare Department, Anganwari Workers Training Centers Village Chaupals

260 paise kwh/40 Units,

360 paise/kwh/41-300 units,

425 paise kwh/ above 300 Units

Upto 1 kw

Above 1kw

Rs. 60/-

Rs. 40/- for every addl. kw or part thereof

5% in case of bi-monthly billing cycle.

Non- Domestic Public Offices, Schools, Hospitals etc.

419 paise per kwh (unit)

Up to 1 kw Above 1 kw

Rs. 120/-

Rs. 100/- for every addl. kw or part thereof

2% in case of monthly billing cycle,

5% in case of bi-monthly billing cycle.

Bulk Supply Available for general or mixed load exceeding 10 kw for institutions, Hospitals, Colonies, Schools/Colleges/ Educational Institutions; Loads exceeding 70 kw on 11 Kv or higher voltage

LT Connection: 419 P/kwh

HT Connections

11 kv : 409 paise/kwh

33kv; 397 paise/kwh

Uniform per kw

Rs. 200/- per kw

2% for every thirty days.

Pumping Supply

Direct Irrigation Tubewells Augmentationed Canal T/Wells, Govt. owned T/Wells

400 paise/unit Uniform per kw

Rs. 150/- per BHP

2% every thirty days.

Public Water Works Supply

Pumps (Other than Irrigation) including sewerage, Disposal/ Treatment plants etc. installed by Govt., Govt. Undertakings, Municipalities, Panchayats & Religious Institutions up to 70 kw.

400 paise kwh Uniform per kw

Rs. 200/- per kw or part thereof

2% for every 30 days

Street Lighting Road & Park lighting in Municipalities, Panchayat Institutions

415 paise kwh Uniform per kw

Rs. 150/- per kw

2% for every 30 days

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No. 6/1/2001-1PR(FD)

From

The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana. Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 24th January, 2001

Subject : Enunciation of the Principle of Equal Pay Scale for similarly designated posts - various Judgments of the High Courts/Supreme Court.

Sir,

I am directed to invite a reference to the above subject and to say that question of adoption of principle for the grant of equal pay for equal work came up for consideration before the Hon'ble Apex Court and Hon'ble High Courts time and again in many cases. Law laid down by the Hon'ble Apex Court on the issue of equal pay for equal work in following two cases citations of which are reproduced below :-

(i) While disposing of the case of State of U.P. & Ors, Vs. J.P. Chaurasia & Ors. AIR 1989 SC 19 it was observed by the Hon'ble Apex Court that :-

"More often functions of two posts may appear to be the same or similar, but there may be difference in degrees in the performance. The quantity of work may be the same, but quality may be different that cannot be determined by relying upon averments in affidavits of interested parties. The equation of posts or equation of pay must be left to the Executive Government. It must be determined by expert bodies like Pay Commission. They would be the best judge to evaluate the nature of duties and responsibilities of posts. If there is any such determination by a Commission or Committee, the Court should normally accept it. The Court should not try to tinker with such equivalence unless it is shown that it was made with extraneous consideration"

(ii) In the case of Secretary, Finance Department and Ors. Vs. the West Bengal

Registration Service Association & Ors. [1992 (2) SLR82] it has been observed by the Hon'ble Apex Court that :-

"It is well settled that equation of posts and determination of pay scales is the primary function of the executive and not of the judiciary and, therefore, ordinarily Court will not enter upon the task of job evaluation which is generally left to expert bodies like the Pay Commissions etc. It was further observed as follows :-

"Courts must, however, realise that job evaluation is both a difficult and time

consuming task which even expert bodies having the assistance of staff with requisite expertise have found difficult to undertake sometimes on account of want of relevant data and scales for evaluating performances of different groups of employees. This would call for a constant study of the external comparison and internal relativities on account of the changing nature of job requirements.

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The factors which have to be kept in view for job evaluation may include (i) the work programme of his department (ii) the nature of contribution expected of him (iii) the extent of his responsibility of his diverse duties and functions (iv) the extent and nature of freedom/limitations available or imposed on him in the discharge of his duties (v) the extent of powers vested in him (vi) the extent of his dependence on superiors for the exercise of his power (vii) the need to coordinate with other departments etc. We have also referred to the history of the service and the effort of various bodies to reduce the total number of pay scales to a reasonable number. Such reduction in the number of pay scales has to be achieved by resorting to broad banding of posts by placing different posts having comparable job charts in a common scale. Substantial reduction in the number of pay scales must inevitably lead to clubbing of posts and grades which were earlier different and unequal. While doing so, care must be taken to ensure that such rationalisation of the pay structure does not throw up anomalies. Ordinarily, a pay structure is evolved keeping in mind several factors e.g. (i) method of recruitment (ii) level at which recruitment is made (iii) the hierarchy of service in a given cadre (iv) minimum educational/technical qualifications required (v) avenues of promotions (vi) the nature of duties and responsibilities (vii) the horizontal and vertical relativities with similar jobs (viii) public dealings (ix) satisfaction level (x) employer's capacity to pay etc.

While evolving a pay structure, the horizontal and vertical relativities have to be

carefully balanced keeping in mind hierarchical arrangements, avenues for promotion etc. Such a carefully evolved pay structure ought not to be ordinarily disturbed as it may upset the balance and cause avoidable ripples in other cadres as well."

2. The question of equal pay for equal work came up before the Hon'ble Pb. & Hry. High Court in CWP No. 4670 of 1998 (Darshan Lal Kapoor & Ors. Vs. State of Haryana.) In the said writ petition, the Lecturers in Hindi and other subjects working in the Pre-examination Training Centres of the Director, Welfare of Scheduled Castes & Backward Classes claimed the pay parity with the Lecturers working in the school cadre (DPI, Haryana) on the basis of their same designation, qualification, nature of duties and previous pay parity. The said writ petition was dismissed on 7-10-1998 by the Hon'ble Pb. & Hry. High Court by relying upon the observations of the Hon'ble Apex Court in the above mentioned two cases referred to in (i) and (ii) in para 1 above. 3. The same question of equal pay for equal work came up before the Hon'ble Pb. & Hry. High Court for their consideration in CWP No. 17518 of 1998 Inder Singh V s. State of Haryana wherein the petitioner was claiming pay parity with similarly situated and similarly designated employees of Planning Department on the basis of their designation, nature of duties and previous pay parity etc. The said writ petition was dismissed by the Hon'ble Pb. & Hry. High Court vide order dated September 20, 2000 with the observation that :- "It is obvious that the petitioner is working in a separate department. Merely

because if earlier he was having the same pay scale as given to the persons working in the Economic & Statistical Organisation, Planning Department, Haryana, is no ground to hold that the scale must remain the same. The duties are different. When the duties are different and they are working in different departments, ordinarily, it is to be left to the department to take care and to decide the pay scale. The Court would interfere only if there is a total illogical and unreasonable classification. It is not so in the present case. Therefore, the writ petition being without merit must fail."

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4. While disposing of the CWP No. 17518 of 1998 the Hon'ble Pb. & Hry. High Court relied upon the various observations of Hon'ble Apex Court which are reproduced as under :- (1) Randhir Singh V/s. Union of India and others, AIR 1982 SC 879. The Preamble

of the Constitution of the International Labour Organisation recognizes the principle of equal remuneration for work of equal value as constituting one of the means of achieving the improvement of conditions "involving such injustice. hardship and privation to large numbers of people as to produce unrest so great that the peace and harmony of the world are imperilled. II Construing Articles 14 and 16 in the light of the Preamble and Art. 39 (d), we are of the view that the principle Equal pay for Equal work is deductible from those Articles and may be properly applied to cases of unequal scale of pay based on no classification or irrational classification though those drawing the different scales of pay do identical work under the same employer.

(2) Federation of All India Customs and Central Excise Stenographers (Recognised)

and others Vs. Union of India and others (1988) 3 SC cases 91. Equal pay for equal work is a fundamental right. But equal pay must depend upon the nature of the work done. it cannot be judged by the mere volume of work there may be qualitative difference as regards reliability and responsibility. Functions may be the same but the responsibilities make a difference. One cannot deny that often the difference is a matter of degree and that there is an element of value judgement by those who are charged with the administration in fixing the scales of pay and other conditions of service. So long as such value judgement is made bonafide reasonably on an intelligible criterion which has a rational nexus with the object of differentiation, such differentiation will not amount to discrimination. It is important to emphasise that equal pay for equal work is a concomitant of Article 14 of the Constitution. But it follows naturally that equal pay for unequal work will be a negation of that right.

(3) Grih KaIyan Kendra Workers Union Vs. Union of India and others (1991) 1 SC

cases 619. Equal pay for equal work is not expressly declared by the Constitution as fundamental right but in view of the Directive Principles of State Policy as contained in Article 39(d) of the Constitution. Equal pay for equal work has assumed the status of fundamental right in service jurisprudence having regard to the constitutional mandate of equality in Articles 14 and 16 of the Constitution. Equal pay for equal work and providing security for service by regularising casual employment within a reasonable period has been accepted by this Court as a constitutional goal to our socialistic pattern. It has ceased to be a judge made law as it is the part of the constitutional philosophy which ensures a welfare socialistic pattern of a state providing equal opportunity to all the equal pay for equal work for similarly placed employees of the State. This Court has zealously enforced the fundamental right of equal pay for equal work in effectuating the constitutional goal of equality and social justice in a number of decisions.

(4) K. Vasudeva Nair and others etc. etc. Vs. Union of India and others AIR 1990 SC 2295. In the cited case Section Officers working in the Indian Audit and Accounts Department were claiming parity of pay scale with Section Officers in the Central Secretariat Service. The claim as such was rejected and it was held that they were not entitled to the same scale of pay because duties and responsibilities in both the cases were not identical.

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(5) State of U.P. and others Vs. Ministerial Karamchari Sangh AIR 1998 SC 303 dealt with the same controversy and found that the two departments under consideration were having different mode of recruitment. Promotions were totally different and, therefore. the principle of equal pay for equal work will not apply. There was difference in pay scale of Lower Division and Upper Division Assistants in Secretariat vis-a-vis Lower Division and Upper Division Assistants (Clerical Cadres) in Directorate of Information. The Supreme Court repelled the ground taken that they were all entitled to the same pay scale. Same view prevailed in the case of Nain Singh Bhakuni and others Vs. Union of India and another AIR 1998 SC 622 wherein the Supreme Court has held that :-

"In the light of the ratio of the aforesaid judgement of three member Bench of this Court, therefore, it must be held that strictly speaking full benefit of the O.M. of 13th March, 1984 would not have been available to the appellants at their educational qualifications at the relevant time were different. But as the Tribunal has been given them that benefit and which order has become final the appellants would not stand to lose that benefit. But in any case they are not entitled to further hike in the pay scales either notionally or actually beyond this limit fixed by the said O.M. of 1984".

5. I am to request you that the above observation of Hon'ble Supreme Court and Hon'ble Pb. & Hry. High Court may please be brought to the notice of all the officers working under your kind control for information and in future all the cases of pay revision may be examined in the light of these observations. It is also requested to defend the cases on the subject of equal pay for equal work on the basis of these observations.

Yours faithfully,

Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to :-

1. Chief Secretary to Govt., Haryana. 2. All the Financial Commissioners in Haryana. 3. All the Administrative Secretaries to Govt., Haryana. with the request to ensure the compliance of these instructions. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To 1. Chief Secretary to Govt., Haryana. 2. All the Financial Commissioners in Haryana. 3. All the Administrative Secretaries to Govt., Haryana. U.O. No. 6/1/2001-1PR(FD) Dated: 24-1-2001.

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These instructions have been Modified vide No. 1/3(42)-99-2FR-II, Dated 13.09.2001 & 10.10.2002,

and No. 4/30/05-2Pension, 02.01.2006

No. 1/3(42)99-2FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 31st January, 2001 Subject : Regarding grant of Dearness Relief on family pension and extra-ordinary

family pension. Sir, The issue of grant of Dearness Relief on family pension/extra-ordinary pension to the employed/re-employed family pensioners in State Government is presently governed as per the executive instructions issued by the Finance Department vide its No. 1/3(5)-78-2FR-II dated 20.3.1980. The said instructions provide as under: (a) Payment of ad-hoc relief (dearness relief) on pension shall remain suspended

when a person in receipt of family pension/extra-ordinary pension is employed/re-employed in State/Central Government.

(b) If the recipient of family pension is also in receipt of service pension in respect of

past Government service, the ad-hoc relief shall be determined on the total amount of the two pensions.

2. These instructions have been the subject matter for adjudication before various courts including the Apex Court. The Hon‘ble Supreme Court has observed in Civil Appeal No. 5835/98 (HSEB & others v/s. Azad Kaur) that the family pensioners who have been in service/employment on their own merits constitute a separate category by themselves as compared with such family pensioners who have secured jobs/employment on compassionate/ex-gratia grounds. Following this principle of differentiation, the import of the pronouncement by the Hon‘ble Supreme Court is that wherever the family pensioner is in employment on his or her own merits, he/she would be entitled to dearness allowance/relief on the family pension as well. 3. Keeping in view the above pronouncement of the Hon‘ble Supreme Court, the instructions on the subject in all such cases where the cause of action has arisen as on the date of issue of these instructions are revised as under :

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(a) If a recipient of family pension is also in receipt of service pension in respect of past Government service, the Dearness Relief shall be determined on the total amount of the two pensions as provided in the instructions issued by the Finance Department vide its circular No. 1/3(5)-78-2FR-II dt. 20.3.80.

(b) If recipient of family pension/extra-ordinary pension is employed/ re-employed in

the State Government/ Central Government on his own merits, dearness Relief would also be admissible on the family pension/ extra-ordinary pension.

(c) When a person is in receipt of family pension/extra- ordinary pension is

employed/re-employed in the State Government/ Central Government on compassionate grounds in lieu of the death of the employee in whose respect the family pension is sanctioned, the dearness relief on the family pension will not be admissible. This issues in accordance with the pronouncement of judgment by the Hon‘ble Supreme Court of India in Civil Appeal No. 679 of 97 (Union of India & others Vs. Rekha Majhi) decided on 6.4.2000.

Yours faithfully,

Sd/-

(Kamal Kanta) Superintendent FR-II,

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

No. 1/3(42)99-2FR-II Dated, Chandigarh, the 31st January, 2001 A copy is forwarded for information and necessary action to the :- 1. Accountant General (A&E) Haryana, Chandigarh, signed in ink, with 1000 spare

copies. 2. All Treasury Officers/Assistant Treasury Officers in Haryana.

Sd/- (Kamal Kanta)

Superintendent FR-II, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners, Haryana and all Administrative Secretaries to Government Haryana for information and necessary action.

Sd/- (Kamal Kanta)

Superintendent FR-II, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. To (i) The Financial Commissioners, Haryana. (ii) All Administrative Secretaries to Government Haryana. U.O. No. 1/3(42)99-2FR-II Dated, Chandigarh, the 31st January, 2001

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A copy is forwarded to the Principal Secretary/Special Principal Secretary/ Additional Principal Secretaries-I&II/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary.

Sd/- (Kamal Kanta)

Superintendent FR-II, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. To The Principal Secretary/Special Principal Secretary/Additional Principal

Secretaries-I&II/OSD/Senior Secretaries/Secretaries/ Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary.

U.O. No. 1/3(42)99-2FR-II Dated, Chandigarh, the 31st January, 2001.

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No. 4/7/99-4FR-II/1950

From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana. Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 7th February, 2001 Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana

Government on revised and unrevised pension/family pension. Sir/Madam, I am directed to invite a reference to letter No. 4/7/99-4FR-II, dated 4th July, 2000, on the subject noted above and to say that the Governor of Haryana is pleased to decide that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to compensate them for the rise in the cost of living beyond the average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and revised pension/family pension with effect from 1st July, 2000 to modified as below :-

Rates of Dearness Relief on unrevised pension/family pension

Date from which

payable

Pension/Family Pension Per month

Rate of dearness relief per month

1.7.2000 (i) Not exceeding Rs. 1750/- 251% of the Pension/Family Pension.

(ii) Exceeding Rs. 1750/- but not exceeding Rs. 3000/-.

188% of the Pension/Family Pension subject to a minimum of Rs. 4392/-.

(iii) Exceeding Rs. 3000/- 163% of the Pension subject to a minimum of Rs. 5640/-

Rate of Dearness Relief on revised Pension/Family Pension.

Date on which payable Rate of Dearness relief per month

1.7.2000 41% of Pension/Family Pension

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

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3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned. 5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 41% of pension family pension w.e.f. 1st July, 2000. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner alongwith dearness relief orders. It will now be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 7. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (Ranju Prasad) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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These instructions have been Revised vide No. 12/1/6/HBPE/FD/SA, Dt. 02.06.2003.

No. 12/1/6/PE/FD/99/SA-2 From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments/Commissioners Ambala, Hisar, Rohtak & Gurgaon Divisions, The Managing Directors/Chief Executives/ Chief Administrator of all Corporations/ Companies/Boards/Co-operative Institutions etc. in the State. Dated, Chandigarh, the 13th February, 2001 Subject : Introduction of Voluntary Retirement Scheme (VRS) for the employees of State

Public Enterprises. Sir, I have been directed to address you on the subject cited above and to say that it has been observed by the State Govt. that some of the State Public Enterprises have introduced Voluntary Retirement Scheme (VRS) for their employees without the approval of the Govt. This action on the part of the P.Es. is in Violation of Standing Instruction of the Finance Department, according to which prior approval of the F.D. is required before extending any financial benefit to the employees of P.Es. over and above the employees of State Govt. It has, therefore, been decided that the P.Es. who have decided to introduced Voluntary Retirement Scheme must obtain the approval of Administrative Department as well of the F.D. before implementing this scheme. Further no P.E. should take decision to implement V.R.S. at its own level without first obtaining the approval of their Administrative Department and Finance Department. The receipt of this letter may be acknowledged. Yours faithfully,

Sd/- Accounts Officer (PE) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all Financial Commissioners/Administrative Secretaries to Govt., Haryana for information and necessary action. Sd/- Accounts Officer (PE) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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To All the Financial Commissioners/Administrative Secretaries to Govt., Haryana. U.O. No. 12/1/6/PE/FD/99/SA-2 Dated, Chandigarh, the 13-2-2001 A copy is forwarded to Principal Secretary to C.M. Haryana for kind information. Sd/- Accounts Officer (PE) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secretary to Chief Minister, Haryana. U.O. No. 12/1/6/PE/FD/99/SA-2 Dated, Chandigarh, the 13-2-2001 A copy is forwarded to All Senior Secretaries/Secretaries/Private Secretaries to all Ministers/Ministers of State for kind information of Minister-in-Charge. Sd/- Accounts Officer (PE) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Senior Secretaries/Secretaries/Private Secretaries to all Ministers/Ministers of State. U.O. No. 12/1/6/PE/FDSA-2 Dated, Chandigarh, the 13-2-2001 Endst. No. 12/1/6/PE/FD/SA-2 Dated, Chandigarh, the 13-2-2001 A copy is forwarded to the Member Secretary, HBPE for information and necessary action. Sd/- Accounts Officer (PE) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. CC :— Secretary/FCF P.S./CSSF (YSM).

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26

MOST IMMEDIATE/P.A.C. MATTER

Subject : Scrutiny of replies in regard to the implementation of the observations/ recommendations of the Public Accounts Committee.

Will all the Administrative Secretaries to Govt. Haryana kindly refer to the subject noted above?

2. Despite issue of detailed instructions vide FD‘s letter No. 669-3B&C-77/6546, dated 10th March, 1977, containing procedure for dealing with the PAC Reports and subsequent instructions issued from time to time, due attention is not being given by various departments towards adoption of requisite remedial/corrective measures, with the result that about 600 recommendations, including some recommendations relating to the period as far back as 1969-70, are still outstanding for want of action at their level. The PAC in its meeting held on 24-10-2000 has taken a very serious view of this inordinate delay.

3. It is requested that working of the Nodal Officers nominated and Monitoring Committees constituted for the purpose may kindly be made more effective and reviewed at the level of Secretaries to achieve the requisite results. It is also requested that all concerned may kindly be impressed upon to take immediate remedial/corrective measures in this regard with a view to reduce the arrears of outstanding recommendations. The action taken report may be sent within a fortnight positively, it may also be ensured that there is no further piling up of the arrears of the outstanding recommendations.

4. This may kindly be given ―TOP PRIORITY‖.

Sd/- Joint Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Administrative Secretaries to Govt., Haryana. U.O. No. 15/1/2001-3B&C Dated 16th February, 2001

No. 15/1/2001-3B&C Dated 16th February, 2001

A copy is forwarded to all the Heads of Department for immediate necessary action.

They are requested to finalise all the pending/outstanding recommendations of the PAC contained in their various reports immediately and send the action taken report to the Govt. within the stipulated time. Sd/- Joint Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

No. 15/1/2001-3B&C Dated 16.2.2001

A copy is forwarded to the Secretary, Haryana Vidhan Sabha Chandigarh for information with reference to his letter No. PAC/IMP/24/2000/23177, dated 28th November, 2000. Sd/- Joint Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 36/6/2K-4WM

From

The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

The Registrar, Punjab & Haryana High Court, Chandigarh. All District & Session Judges, in Haryana.

Dated, Chandigarh, the 22nd February, 2001.

Subject : Revision of entitlement of HBA and Motor car and other advances for the Judicial Officers.

Sir,

The pay scales of the Judicial Officers have not yet been revised while the pay scales of the employees in the executive branch stand revised w.e.f. 1.1.96. As a result, Judicial Officers are experiencing difficulties in availing the enhanced limits of HBA/Motor car conveyance and other advances. In order to take care of the problems being faced by the Judicial Officers pending pay revision in their case, it has been decided that the entitlement of HBA/Motor car conveyance advance/other advances in respect of Judicial Officers would be worked out on the basis of emoluments comprising of :-

1. Basic pay

2. DA as on 1.1.96 @ 148%, 111% or 96%, as the case may be

3. IR-I and IR-II

4. 40% of the basic pay as on 1.1.96.

The emoluments thus worked out would be treated as basic pay for the purposes of calculations of entitlement of a Judicial Officer for the above said purposes. This may be brought to the notice of all concerned.

Yours faithfully,

Sd/- Joint Secretary Finance (Budget)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

No. 36/6/2K-4WM Dated, Chandigarh, the, 22-2-2001.

A copy, alongwith a spare copy, is forwarded to the Accountant General, Haryana for information and necessary action.

Sd/- Joint Secretary Finance (Budget)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATION)

Notification

The 26th February, 2001

No. 2/3/98-3FR-II.— In exercise of the powers conferred by clause (2) of article 283 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Treasury Rules, Volume I, in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Treasury Volume-I (Haryana First Amendment) Rules, 2001.

2. in the Punjab Treasury Rules, Volume-I, (hereinafter called the said rules), in rule 2.7 :-

(i) in third to fifth lines, the words ―in triplicate except in the case of Capital and Loan heads, challans shall be presented‖ shall be omitted;

(ii) in the note existing at the end :-

(a) in para (1).

I. in the second line, for the word ―triplicate‖, the word ―quadruplicate‖ shall be substituted.

II. In the fourth, fifth and sixth lines, for the words ―In case of Capital and Loan heads, challans shall be presented in quadruplicate at the treasury and the fourth copy‖, the words ―The fourth copy‖ shall be substituted;

(b) in para (3), in the end, the words and sign ―Otherwise the challan shall be tendered in triplicate one copy of the challan being forwarded by the treasury to the departmental officers‖ shall be omitted;

(c) in para (6)-

I. in the second line, for the words and signs ―quadruplicate, one part‖, the words and sign ―quintuplicate, first copy‖ shall be substituted;

II. in the third, fourth and sixth lines, for the word ―part‖ wherever occurring, the word ―copy‖ shall be substituted;

III. in the fifth line, the word ―and‖ shall be omitted;

IV. after the word ―Board‖ existing at the end the words ―and the fifth copy shall be sent to the Audit office along with accounts statement‖ shall be added;

(d) in para (7), for the word ―triplicate‖ existing at the end, the word ―quadruplicate‖ shall be substituted;

(e) in para (9)-

I. in the third line, for the word ―quadruplicate‖ the words ―quintuplicate containing full particulars of number and date of encashment of the voucher and also the Heads of Accounts under which the amount was drawn‖ shall be substituted;

II. in the fifth line, for the word ―and the sign‖ shall be substituted;

29

III. in the sixth line, after the word ―therein‖, the words ―and the fifth copy will be sent to the Audit office along with the accounts statement‖ shall be added.

3. In the said rules, in rule 2.20-

(i) in the second and third lines, for the word ―triplicate‖, the word ―quadruplicate‖ shall be substituted;

(ii) in the fifth and eighth lines, for the words ―three copies‖ occurring twice, the words ―four copies‖ shall be substituted;

(iii) in the twelfth line, for the words ―two copies‖, the words ―three copies‖ shall be substituted;

(iv) in the sixteenth line, after the words and sign ―his office‖, the following words and signs shall be inserted, namely :-

―The fourth copy will be sent to the Audit Office, along with the accounts statement. All copies of Treasury Officer and Audit Officer will be sent in two different sets by the Bank to the Treasury Officer concerned.‖

(v) In Exception 1, in the second line, for the word ―triplicate‖, the word ―quadruplicate‖ shall be substituted;

(vi) in Exception 2, after the words and sign‖ ―assessing authority.‖ The following words and sign shall be added at the end, namely :-

―The fourth copy will be sent to the Audit Office along with the accounts statement.

A.N. MATHUR Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

No. 2/3/98-3FR-II Dated, Chandigarh, the 26th Feb. 2001

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions, All Dy. Commissioners and Sub Divisional Officers (Civil) in Haryana.

The Registrar, Punjab and Haryana High Court, Chandigarh.

Sd/-

(RANJU PARSAD) Deputy Secretary, Finance,

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

No. 2/3/98-3FR-II Dated, Chandigarh, the 26th Feb. 2001

A copy is forwarded to Accountant General (Audit/A&E) Haryana, Chandigarh for information with reference to their letter No. CCS/PFR/2000-01/687 dated 4-10-2000 and TM (T)/VLC/2000-01/920-21 dated 13-9-2000.

Sd/- (RANJU PARSAD)

Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

No. 2/3/98-3FR-II Dated, Chandigarh, the 26th Feb. 2001

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A copy along with an attested copy is forwarded to the Controller, Printing & Stationery, Haryana, for information and necessary action.

He is requested that this notification be got printed in the Haryana Govt. Gazette and 500 spare printed copies be supplied to Govt. for record.

Sd/- (RANJU PARSAD)

Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

A copy for information & necessary action is forwarded to :-

Financial Commissioners, Haryana. All the Administrative Secretaries to Govt., Haryana.

Sd/- (RANJU PARSAD)

Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

To

The Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana.

No. 2/3/98-3FR-II Dated, Chandigarh, the 26th Feb. 2001

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These instructions have been Revised vide No. 5/4/2001-5PR(FD), dated 15.01.2002.

No. 5/4/2001-5PR(FD) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana. The Registrar, Punjab and Haryana High Court, Dated, Chandigarh, 2nd March, 2001 Subject : Clarifications regarding (i) grant of replacement scale in the Revised Pay

Scales and (ii) fixation of Pay on Promotion to a post the functional pay scale of which is equal to or lower than the First or Second Higher Standard Scale in the pre-revised scales or First or Second ACP in the Revised Pay Scales.

Sir, It has been observed that a certain number of employees have been claiming fixation of their pay in the replacement scale of the corresponding pre-revised scales even though such pre-revised scales were granted to them as a personal measure. Similarly, certain other employees drawing their pay in the scale granted as a personal measure to them, on their promotion against a substantive post carrying the same functional pay scale which is equal to the scale in which they were drawing their pay immediately before their promotion, are asking for refixation of their pay on their promotion at the stage next above. Certain Court decisions have also come to the notice of the Finance Department wherein it has been found that the respondent-Government departments have failed to explain and clarify the position to the Courts. Accordingly, it has been considered necessary to clarify the issues and the rationale for the provisions in the Revised Pay Rules and the ACP Rules of 1998. 2. Provisions regarding fixation of pay of an employee are contained in Chapter 4 of the CSR Vol. I Part I. Pb. Civil Service Rules (as applicable to Hr.) were framed long time back and there was no concept of Higher Standard Scales or Assured Career Progression scales at the time these rules were framed. As a result, the applicability of these rules is strictly limited to the functional pay scales for the substantive posts. To this extent these rules are valid and applicable. It would be in order here to invite attention to Rule 4.4(a) (i) and Rule 4.13 of the Punjab Civil Services Rules Vol. I Part I which regulate the fixation of pay of a Government employee on his promotion to the next higher post. The said provisions are reproduced here under for ready reference. "4.4. The initial substantive pay of a Government employee 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-

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(i) When appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of rule 4.13) 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 old post,

4.13 (1) Subject to the provisions of rules 4.22 and 4.23, a Government employee who is

appointed to officiate in a post shall not draw pay higher that his substantive pay in respect of a permanent post, other than a tenure post, unless the post in which he is appointed to officiate is one of those enumerated in the schedule to this rule or unless the officiating appointment involves the assumption of duties and responsibilities of greater importance than those attaching to the post, other than a tenure post, on which he holds a lien or would hold a lien had his lien not been suspended :

Provided that the competent authority may exempt from the operation of this rule any service which is not organised on a time-scale basis and in which a system of acting promotions from grade to grade is in force at the time of the coming into force of these rules,

Provided further that the competent authority may specify posts outside the ordinary line of a service the holders of which may, notwithstanding the provisions of this rule and subject to such conditions as the competent authority may prescribed, be given any officiating promotion in the cadre of the service which the authority competent to order promotion may decide and may thereupon be granted the same pay (whether with or without any special pay, if any, attached to such posts) as they would have received if still in the ordinary line.

(2) For the purpose of this rule, the officiating appointment shall not be deemed to

involve the assumption of duties or responsibilities of greater importance if the post to which it is made is on the same scale of pay as the permanent post other than a tenure post on which he holds a lien or would hold a lien had his lien not been suspended, or on a scale of pay identical therewith."

3. The above rules were framed long time back. Subsequent to the general pay revision of 1986, various associations/unions of employees started representing to the Government in the year 1990 and thereafter regarding problems faced by them on account of lack of promotional avenues. Responding to the demands of employees, the Government introduced various schemes in order to take care of stagnation and lack of promotional avenues for employees belonging to Groups ‗C‘ & ‗D‘ as a welfare measure from time to time. A brief description of each of these schemes would be in order. These schemes are as under :

(a) Scheme of Grant of Additional Increment at 10th and 20th Year point in time scale to all Group ‗C‘ and ‗D‘ employees :-

This scheme was introduced by the Government w.e.f. 1.1.1991 vide its letter No. 9/9/91-3PR(FD), dated 14th May, 1991. The objective was to provide some financial addition to the emoluments of employees to partially offset the effect of stagnation on account of lack of promotional avenues.

(b) Scheme of open-ended pay scales

The employees used to get biennial stagnation increments after reaching the maximum of the scale. However, the Government introduced the system of

33

open-ended pay scales for employees of Group ‗C‘ and ‗D‘ w.e.f. 1.1.1991 vide its letter No. 9/9/91-3PR(FD) dated 14th May, 1991. It was provided that employees belonging to these categories would get annual increments even after reaching the maximum of the pay scale as against biennial increments. Thus, with this one measure, it was ensured that no employee would stagnate after reaching the maximum of his scale.

(c) Scheme of Grant of Additional Increment(s) to Group „C‟ and “D” employees on completion of 8 and 18 years service.

The Scheme was introduced by the Government vide its letter No. 1/138/92-1PR(FD), dated 7th August, 1992. The scheme was introduced on the persistent demand of the employees and the benefit granted under the first scheme was advanced under this scheme. Thus the Government sanctioned a more beneficial scheme with a view to modifying the earlier scheme.

(d) Scheme of Grant of Higher Standard Pay Scales to Group ‗C‘ and ‗D‘ Employees on completion of ten years or more and twenty years or more of regular satisfactory service. In replacement of the scheme mentioned above, the Government introduced the

scheme with a view to removing stagnation of its employees of Group ‗C‘ and ‗D‘ categories whereby time bound higher standard pay scales were granted to the Haryana Government employees of Group ‗C‘ and ‗D‘ categories with effect from 1.1.1994 vide letter No. 1/34/93-4PR(FD) dated 8th Feb., 1994.

(e) Scheme of Grant of Assured Career Progression Pay Scales :

The Higher Standard Scale Scheme as mentioned at (d) above was replaced by this Scheme at the time of Revision of Pay Scales w.e.f. 1.1.1996 and it is this scheme which is in vogue at present. All employees belonging to Groups ‗C‘ & ‗D‘ have been given the facility of ACP scales on completion of 10 years and 20 years regular and satisfactory service with reference to their first entry in the Government service.

4. Intent of the State Government behind introducing the above Schemes :

The Government was guided by the principle of being a model employer while introducing the above schemes. Even though this intent is explained in the Memorandum Explanatory to the ACP Rules, 1998, it would be in order to re-iterate the same here. It was recognised that every employee should get at least two promotions in his entire service career in order to build in some incentives and guard against dissatisfaction among the cadres. However, lack of adequate promotional avenues for all in the administrative hierarchy posed a major problem in achieving the stated objective. An effort was made that if two promotions could not be assured to each and every employee during his service career, a way should be found to ensure at least two financial up gradations during his service career. Thus an alternative was found whereby it was decided to introduce the schemes mentioned in paras 2(d) and (e) above. As a matter of fact, the Scheme of ACP Scales also takes care of the back-ended promotions in the service career of an employee. For example, an employee may not get promotion during the first 20 years of his service whereas he might get even two promotions during the last 10 years of his service. It has been facilitated with the introduction of the scheme that the said employee should be given benefit of a higher scale in the form of ACP Scale on an even basis in terms of his service career. The clear intent behind introduction of these schemes was to compensate an

34

employee by way of financial up-gradation if he was otherwise not getting opportunities of promotion. It was never the intent that this benefit would be in addition to the promotional avenues. 5. As mentioned earlier, fixation of pay under the situations arising out of the introduction of these schemes from time to time cannot be addressed by the existing provisions under the CSR. Hence, notwithstanding the provisions of Rules in CSR as reproduced above, specific rules governing the fixation of pay in the revised pay scales have been provided under Haryana Civil Services (Revised Pay) Rules, 1998 and Haryana Civil Services (Assured Career Progression) Rules, 1998. Rule 12 of the Haryana Civil Services (Revised Pay) Rules and Rule 19 of the Haryana Civil Services (Assured Career Progression) Rules, 1998, which are identical, read as under, ―Overriding effect of rules : The provisions of CSR or PFR or any other rules

made in this regard shall not, save as otherwise provided in these rules, apply to cases where pay is regulated under these rules to the extent they are inconsistent with these rules.‖

6. Having clarified the overriding effect of these rules, provisions relevant to fixation of pay under the Haryana Civil Services (Revised Pay) Rules, 1998 (Revised Pay Rules, for short) and Haryana Civil Services (Assured Career Progression) Rules, 1998 (ACP Rules, for short) are as under :- HCS (Revised Pay) Rules : Rule 2 (2) These rules shall not apply to :-

(h) Government servants who are drawing their pay in a pay scale as personal measure (other than the functional pay scale prescribed for the post held by the Government servant) with effect from the date on which he started drawing his pay in the pay scale as a personal measure and till the time he drew his pay in the pay scale as a personal measure:

Rule 3. Definitions

(c) “Existing scale” in relation to any post or any Government servant means the functional pay scale as on 31st December, 1995 prescribed for the post or the post held by the Government servant, as the case may be.

(d) “Functional pay scale” in relation to a Government servant means the pay scale which is prescribed for the post held by the Government servant. It does not mean any other pay scale in which the Government servant is drawing his pay as a personal measure to him with any other justification like based on length of service or on higher/additional qualification or on up-gradation of pay scale due to any other reason.

Provided that where functional pay scales have not been provided to the posts in any cadre and cadre is not stratified in terms of posts in the hierarchy along with specified different functional pay scales, as in case of Haryana Civil Services (Executive) the pay scale based on the position of Government servant in the cadre shall be deemed to be the functional pay scale for the purposes of these rules.

(m) “Pay scale as a personal measure to the Government servant.” means any scale of pay in which the Government servant is drawing his salary, other than

35

the existing scale (as defined in this rule), including the pay scale granted based on the length of service or the pay scale granted for possessing additional qualification etc.

HCS (ACP) Rules, 1998 :

Rule 8. Grant of ACP Scales.

(3) The cases of Government servants who are drawing their pay in a pay scale other than the functional pay scale of the post held by them on or before the date of publication of these rules, shall be exempted from the operation of the provision of sub rules (1) and (2) above and with reference to such Government servant the relevant ACP scale shall be deemed to have been granted under these rules from the date(s) on which they were placed in the pay scale(s) other than the functional pay scale(s) of the post held by them, for the purposes of drawing their pay as a consequence of any other relevant order of Government in force on that point of time;

Provided that this deemed grant of ACP scale will not affect his entitlement for revised pay scale in which he will be placed as a consequence of application of these rules. Such Government servants shall be placed in the appropriate revised pay scale as per their eligibility under these rules for the purposes of fixation of pay as a consequence of application of these rules.

Rule 10. Special entitlement for ACP Scales :- Where the functional pay scale of the promotional post in the is hierarchy is

inferior to the ACP scale entitlement of the Government servant, had he not been promoted, as per his eligibility entitlement on completion of prescribed length of service for the 1st or 2nd ACP scale entitlement, as the case may be, the Government servant shall be entitled to be placed in the 1st or 2nd ACP scale, as the case may be, after completing the prescribed period of service for being placed in the 1st or 2nd ACP scale;

Provided that such functional promotion to a post with such inferior pay

scale shall not be counted as a financial upgradation for the purposes of these rules.

Rule 15. Fixation of initial pay in the first or second ACP Scale, as the case may be: (2) The initial pay of a Government servant who is drawing his pay in a pay scale

other than the functional pay scale prescribed for the post held by him and where such pay scale in which he is drawing his pay has been allowed to him for the purposes of drawing the pay on or after 1.1.1996 in the relevant ACP scale as per his eligibility, his pay shall be fixed in the entitled ACP scale at the stage next above the basic pay in the earlier pay scale, from where he has been moved into the relevant ACP scale,-

Provided that the exemption granted under sub-rule (3) of Rule 8 shall apply to the Government servants eligible for such exemption.

Note :- The placement in the first or second ACP scale, as the case may be, does not amount to a functional promotion and, therefore, the presumption of higher responsibility cannot be taken in such placements in the ACP scale. However, still the benefit of fixation of pay corresponding to the placement in the higher pay

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scale as a consequence of promotion that is presuming the higher responsibility shall be extended at the stage of fixation of pay in the first or second ACP scale, as the case may be. Therefore, if the functional pay scale of the promotional post and the ACP pay scale in which the Government servant is drawing his pay prior to the promotion are identical, his pay will not again be fixed In the Functional pay scale of the promotional post which is identical to the ACP scale in which he was drawing his pay before promotion. He will continue to draw his salary at the same stage and his date of increment will also continue to be the same as before the promotion.

7 (i) Clarification with regard to the Scale in which the pay is to be fixed: Having explained the provision of rules on the subject, it is now for consideration as to the Pay Scale in which the pay of an employee will be fixed in the Revised Pay Rules or the ACP Rules of 1998 as the case may be. Certain employees have been claiming that they were drawing pay in the first or second Higher Standard Scale as on 31.12.95 and hence, their pay should be fixed in the replacement scale of the pay scale (as provided under Schedule-I, Part-II of the Revised Pay Rules, 1998) in which they were drawing their pay as on 31.12.95. This contention of the employees is not correct in view of the following :- (a) The Higher Standard Scale Scheme has been replaced by the Assured Career

Progression Pay Scale Scheme w.e.f. 1.1.96. Hence, their pay will be fixed in the appropriate pay scale applicable under the Revised Pay Rules or ACP Rules of 1998 as the case may be. It is clear that the Higher Standard Pay Scale enjoyed by an employee as on 31.12.95 was not the substantive pay scale of the post on which he was working. Rather, it is a scale granted to him as a personal measure as defined under rule 3(m) of the Revised Pay Rules, 1998. The issue has been settled by a Division Bench of the Hon‘ble Punjab & Haryana High Court in CWP No. 2047 of 1999 (Krishna Kumari and others Vs. State of Haryana and others) wherein it has been observed as under :-

“It may be observed at the outset that the petitioners have challenged the vires of

the aforesaid rules (Haryana Civil Services (Revised Pay) Rules, 1998 and Haryana Civil Services (Assured Career Progression) Rules, 1998) . The main attack on the vires of the rules is that once the petitioners who were [put in a higher pay scales depending on their qualifications irrespective of the post they were holding and there is a corresponding revised pay scale to the pay scale the petitioners are enjoying, the petitioners cannot be denied the pay in the revised pay scales corresponding to the pay scales they had been enjoying prior to the issuance of the aforesaid rules. …

... Now coming to the case in hand, By the impugned rules what the State

Government has done is that the incentive which had been given to the persons like the petitioners has come to a naught. In other words, they will get from the enforcement of 1998 Rules the pay scales which are meant for a JBT Teacher as revised from time to time subject to one rider that the pay which is being drawn by them with effect from the enforcement of rules will be protected in the revised pay scale of a JBT Teacher. Can the State Government stop the incentive which has already been enjoyed by the teachers? To us, the answer seems to be in the affirmative in the favor of the State.

The Hon‘ble Bench, has relied on the judgment of the Constitution Bench of the Apex Court in Roshan Lal Tandon Vs. Union of India, 1967 SLR 832 wherein it has been held

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that :-

“The emoluments of the Government, servant and his terms of service are governed by the statute or statutory rules which may be unilaterally altered by the Government without the consent of the employee.”

It has been held by the Division Bench of the Punjab & Haryana High Court in the concluding part of their judgment in CWP No. 2047 of 1999 (supra) as under :-

“Is the state Government competent to say in a given set of circumstances that because of financial stringency it is entitled to reduce the pay scale of a particular class of persons? To us it seems that there should not be any legal bar for the State Government in certain circumstances to reduce the pay scale of a particular class of persons. If the revision can be upwards, it can be downwards also. This, of course, would be subject to one rider that even if the pay scales are reduced, the pay which a person may be getting in the pre-revised scale will have to be protected.”

(b) Keeping the above in view, it is clearly settled that an employee cannot claim the

replacement scale of the pay scale in which he was drawing his pay on the eve of pay revision as a personal measure and thus the scale in which his pay will be fixed will be the appropriate scale admissible to him under the ACP scales or the Revised Pay Rules of 1998 as the case may be.

(ii) Clarification regarding the stage of fixation of pay on promotion in the

same scale :-

The second point of clarification pertains to the stage at which the pay of an employee will be fixed on his promotion. Employees have been claiming that they should be granted the benefit of one grade increment on their promotion even when the ACP Scale in which they are drawing their pay at the time of promotion happens to be the same as the substantive scale of the promotion post. This contention of the employees is also not correct. Rule 15 of the ACP Rules and the Note below Sub Rule (2) of Rule 15 makes the position amply clear. It is understood that when a person gets a promotion, his pay should be fixed at the stage next above in the substantive scale of the promotion post. However, the same is not applicable when he is already enjoying that scale as a personal measure to him under the ACP Scheme. To further elaborate, an employee, at the time of grant of first or second ACP, continues to hold the same post and same responsibilities. Since there is no change in his duties and responsibilities at the time of grant of the ACP Scale, his pay should not be fixed at the stage next above while granting such ACP to him. But this benefit has been granted to him under the ACP Rules which, inter-alia, amounts to the benefit given to him at an advanced point of time than when it would have been admissible to him. This provision has been kept to avoid accounting problems. Had this benefit not been granted to him at the time of grant of ACP scale, the pay of most of the employee would have been so fixed as to carry some amount as personal pay for him which would have been absorbed/offset against the future increments. This situation would have occurred because of different stages in the substantive scale and the first and second ACP Scales. It is for this reason that it has been provided in the Note below Sub Rule (2) of Rule 15 of the ACP Rules that wherever an employee is drawing his pay in first or second ACP Scale and such ACP scale happens to be the same or inferior to the substantive pay scale of the

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post to which he is promoted, his pay does not have to be refixed on his promotion. This is because there is no problem with regard to the stages. To reiterate, the rationale lies in the fact that the benefit of fixation at the stage next above has already been granted to him earlier at the time of grant of ACP Scale and double benefit cannot be allowed.

8. In view of the foregoing discussions it is clarified as under :- (i) Wherever an employee gets promoted from the functional scale of the feeder

post to the functional scale of the promotion post, his pay will be fixed at the stage next above.

(ii) Wherever an employee, at the time of his promotion, is drawing his pay in a scale

other than the functional scale of the feeder post (by way of first or second ACP or any other reason as a measure personal to him) and the functional scale of the promotion post is higher than the scale in which he was drawing his pay prior to his promotion, his pay will be fixed at the stage next above in the functional scale of the promotion post.

(iii) Wherever an employee is in receipt of first or second ACP scale as a personal

measure and then gets promoted and the functional pay scale of the promotion post is equal to or lower than the scale in which he is already drawing his pay as a measure personal to him, his pay will not be refixed and will remain at the same stage in the same scale in which he is drawing his pay at the time of his promotion as clarified under the Note below Sub Rule (2) of Rule 15 of the ACP Rules, 1998.

Certain illustrations are appended to these clarifications to make the position further clear. 9. Accordingly, all departments should take action as per the clarification given above. Even though the position has been amply clarified and there should not be any further doubts, yet in the case of any doubts, clarifications may be sought from the Finance Department. Wherever employees have filed cases in the courts, proper defence should be put up based on these clarifications. In cases already decided, further appeals should be filed without any further loss of time. Yours faithfully,

Sd/- (Y.S. Malik) Commissioner & Special Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 5/4/2001-5PR Dated, Chandigarh, the 2nd March, 2001 A copy is forwarded to information and necessary action to the :- 1. Chief Secretary to Government, Haryana.

2. Accountant General (A&E), Haryana, Chandigarh.

3. The Member Secretary, Haryana Bureau of Public enterprises.

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4. Director, Treasuries & Accounts, Haryana Chandigarh for brining to the notice of all the Accounts Staff i.e. Sr. AOs/SOs.

Sd/- (Y.S. Malik) Commissioner & Special Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Contd… Encl…

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Illustrations :

In order to leave no scope of doubt in the implementation of the above clarifications, some illustrations are being given below :- 1. The case of a Clerk/Assistant in the field offices :- The post of Clerk is a first entry post in the State even though there is certain percentage of posts of Clerks which are filled up by way of promotion from amongst Peons. In most of the departments, 80% of the posts of Clerks are filled up by way of direct recruitment. The clerk, in turn, gets promoted as an Assistant. The pay scales including the ACP for a Clerk w.e.f. 1.1.96 are as under :-

S. No. Post Functional pay scale

1st ACP 2nd ACP

1. Clerk 3050-4590 4000-6000 5000-7850

Functional pay scale for the post of Assistant in the field offices is Rs. 5000-7850. Now assuming that ‗A‘ was appointed as a Clerk in the Government, say on 1.4.1975. He was still a Clerk as on 1.1.1994 when the Scheme of Higher Standard Scale was introduced. Since he had completed 10 years regular satisfactory service as a Clerk, as on 1.1.1994, he was granted the 1st Higher Standard scale of Rs. 1200-2040 meant for the post of Clerk carrying a functional pay scale of Rs. 950-1500 at that time. He completed 20 years of service on 31.3.1995 and was still a Clerk. Again, he was granted the 2nd Higher Standard Scale of Rs. 1400-2600 on 1.4.95. Accordingly, his pay as on 1.1.96 was fixed in the 2nd ACP of Rs. 5000-7850 meant for the post of Clerk under the ACP rules of 1998. He got his promotion as an Assistant, say, on 1.10.98. The functional pay scale for the post of Assistant under the Revised Pay Rules, 1998 is Rs. 5000-7850 which he was already drawing on the day he was promoted as an Assistant. Hence, in terms of the clarifications given in this circular, his pay will not be refixed on his promotion as an Assistant. The underlying rationale for the above lies in the fact that his pay at the time of grant of 1st Higher Standard Scale as well as at the time of 2nd Higher Standard Scale was fixed at the stage next above in spite of the fact that there was no change in his duties and responsibilities. In the process, he has already been given this benefit at a much earlier point in time than his actual entitlement under the Rules. Thus, in terms of Note below Rule 15(2) of ACP Rules, 1998, his pay in the functional scale of the Assistant i.e. 5000-7850 will not be refixed and he will not be entitled to benefit of one increment on his promotion on this post. Giving him the benefit of fixation of pay at the stage next above (by grant of one grade increment in this case) would amount to giving him a triple benefit, keeping in view that he has already been given this benefit at the time of fixation of his pay in the 1st and 2nd Higher Standard Pay Scales respectively which is not the intention of the Rule making authority. Case-II ‗A‘ was appointed as a Clerk, say, on 1.4.1982. His pay was fixed in the functional scale of Rs. 950-1500 on the post of Clerk as on 1.1.86. He was promoted as an Assistant, say, on 1.4.90 in the functional pay scale of Rs. 1400-2600 prescribed for the post of Assistant. He would have been entitled to the 1st Higher Standard Scale of Rs. 1200-2040 as on 1.1.94 on completion of 10 years service had he not been promoted as an Assistant in the

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scale of 1400-2600, a scale which is three steps higher to his original recruitment post of Clerk. Thus he was not entitled to the benefit of 1st or 2nd Higher Standard Scale under the Higher Standard Scale Scheme. His pay in the revised scales would be fixed in the corresponding replacement scale of Rs. 5000-7850 prescribed as a functional pay scale for the post of Assistant as on 1.1.96. Illustration II. The Case of a JBT Teacher/Head Teacher : The functional pay scale prescribed for the post of a JBT Teacher and Head teacher in the Primary Schools have been as under :-

Sr. No.

Post Functional Pay Scale as on 1.1.86

1st Higher Standard Scale as on 1.1.94

2nd Higher Standard Scale as

on 1.1.94.

1. JBT Teacher 1200-2040 1400-2600 1600-2660

2. Head Teacher 1400-2600 — —

As on 1.1.96 1st ACP as on 1.1.96

2nd ACP as on 1.1.96

3. JBT Teacher 4500-7000 5450-8000 5500-9000

4. Head Teacher 5500-9000 6500-9900 6500-10500

Assuming ‗A‘ was appointed as a JBT Teacher as on 1.4.1975. His pay was fixed in the functional scale of Rs. 1200-2040 as on 1.1.86. He was granted the 1st ACP of Rs. 1400-2600 as on 1.1.94 on completion of 10 years service as a JBT Teacher. While placing him in this pay scale, even though he continued to remain a JBT Teacher, his pay was fixed at the stage next above. He completed 20 years service as a JBT Teacher as on 31.3.95 and thus became entitled to be placed in the 2nd Higher Standard Scale of Rs. 1600-2660 as on 1.4.1995. Here again, even though he continued to remain as a JBT Teacher, his pay was fixed at the stage next above in the 2nd Higher Standard Scale of Rs. 1600-2660. His pay was fixed in the 2nd ACP of Rs. 5500-9000 as on 1.1.96 under the ACP Rules. Now, he was promoted as a Head Teacher of a Primary School on, say, 1.10.98. The functional pay scale for the post of a Head Teacher of the Primary School is Rs. 5500-9000 in which he is already drawing his pay on the day of his promotion by way of his placement in the 2nd ACP. Thus on his promotion as Head Teacher in the scale of 5500-9000, his pay will not be refixed in terms of Note below Rule 15(2) of the ACP Rules, 1998. Again, the rationale is that he had already been granted this benefit twice earlier at the time of grant of 1st and 2nd ACP even though there was no change in his duties and responsibilities of higher nature and he cannot be granted triple benefit. Illustration III: The case of M.O./S.M.O. in Health Department (i) ‗A‘ was appointed as a Medical Officer, say, on 1.4.1979. The substantive pay scale for the post of Medical Officer (M.O.) was revised to Rs. 2200-4000 w.e.f. 1.5.1989. Provision was also made for the Senior Scale of Rs. 3000-4500 on completion of five years regular and satisfactory service and thereafter for a selection grade of Rs. 4100-5300 for 20% of the cadre after completion of 12 years regular and satisfactory service. His pay was fixed in the senior scale of Rs. 3000-4500 as on 1.5.89. Even though he completed 12 years regular and satisfactory service as on 31.3.1991 yet he did not qualify to be within the 20% cadre posts. However, he came into the eligibility zone for grant of selection grade of Rs. 4100-5300, say, on

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1.4.1994 and his pay was fixed in this pay scale. Subsequently, say, he was promoted as S.M.O. as on 1.1.1995. The function pay scale of the post of S.M.O. was Rs. 3000-4500. His case would be treated as under :- (a) His pay, on his promotion as S.M.O. will not be refixed in the inferior functional

scale of Rs. 3000-4500 prescribed for the substantive post of S.M.O. Rather, he will continue to draw his salary on his promotion in the pay scale of Rs. 4100-5300.

(b) His pay in the pay scale of Rs. 4100-5300 will not be refixed on his promotion as

S.M.O. as he has already been granted the benefit of fixation of pay at the stage next above at the time of grant of selection grade and his pay is being protected in a scale which is superior to the functional pay scale of his post.

(ii) The general replacement scale for the pre-revised scale of 4100-5300 is

Rs. 13500-17250. However, ACP scales have been provided for the cadre of M.Os./S.M.Os. under Schedule-I Part-I of the ACP Rules, 1998. Hence, his pay under the Revised Pay Rules and the ACP. Rules of 1998 will be fixed in the scale of 12000-16500 prescribed as the second ACP for the post of M.O. and the substantive scale for the post of S.M.O.

Case-II

‗A‘ was appointed as M.O., say, on 1.4.84. His pay was fixed in the Senior Scale of Rs. 3000-4500 as on 1.5.1989. He became entitled to the grant of second ACP, say, on 1.5.1999 and his pay was fixed in the second ACP of Rs. 12000-16500. While fixing his pay in the second ACP, the benefit of fixation at the stage next above was given to him even though he remained a Medical Officer and there was no change in his duties and responsibilities. He was, thereafter, promoted as S.M.O., say, on 1.8.2000 in the pay scale of Rs. 12000-16500 which is the same as the second ACP in which he was already drawing his pay at the time of his promotion. His pay will not be refixed at the time of his promotion as S.M.O. in terms of Note below Sub Rule (2) Rule 15 of the ACP Rules, 1998.

***************

43

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 1/2(43)2000-2FR-II To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 5th March, 2001 Subject : Regarding Special Additions to Service qualifying for Superannuation

Pension under Rule 4.2-A of Punjab Civil Services Rules Volume II. I may invite your attention to the subject cited above. A few cases have been received in Finance Department for grant of benefit/relaxation under the said rule. It has been considered necessary to delineate the principles and broad guidelines according to which such cases need to be examined. It would be in order to reproduce the said rule in the first instance:- ―Section II. Special Additions to service qualifying for superannuation pension 4.2-A An Officer appointed to a service or post may add to his service qualifying

for superannuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds twenty-five years or a period of five years. whichever is least, if the service or post is one,-

(a) for which post-graduate research or specialist qualification, or experience in scientific, technological or professional fields is essential, and

(b) to which candidates of more than twenty-five years of age are normally recruited;

Provided that this concession shall not be admissible to any such officer unless his actual qualifying service at the time he quits Government service is not less than ten years.

Provided further that any such officer who is recruited at the age of thirty five years or more may, within a period of three months, from the date of his appointment, elect to forego his rights to pensions whereupon he shall be eligible to subscribe to a Contributory Provident Fund

Note 1: The option once exercised shall be final. Note 2: The decision to grant the concession under this rule shall be taken by the

Administrative Department at the time of recruitment in consultation with the Finance Department and the Public Service Commission.

The consultation with the Public Service Commission will be restricted to those posts only which fall within their purview.

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2. This rule shall apply in respect of persons who are recruited after the 26th

October, 1960. A. Interpretation of the Rule :-

(i) The benefit of qualifying period under this rule is admissible for superannuation pension only and not for any other class of pension. Further, it is applicable only to such class of employees to whom CSR is applicable. It will not be admissible to such of the public servants whose service conditions are regulated by some other specific set of service rules.

(ii) Secondly, the benefit of qualifying period under this rule is admissible at the first

entry level in service and not at a stage where the posts are filled up both by way of promotion as well as by way of direct recruitment (where the experience of lower/first entry post is a part of the prescribed qualifications). For example, it would be available in case of an Assistant Professor but not in the case of an Associate Professor.

(iii) Third, the benefit would be admissible only where postgraduate research or

specialist qualifications or experience in scientific, technological or professional fields is prescribed as an essential qualification for the post.

(iv) Fourth, the rule further provides that in order to qualify for the benefit under this

rule, the post must be such to which candidates of more than twenty-five years of age are normally recruited.

The key words here are ―normally recruited‖. This has to be understood in its proper context. For example, a child joins Class I at the age of 5 (five) years. This could be taken/accepted as 6 years also (3 yrs. + Nursery + LKG + UKG and then first) depending on the circumstances of the case. He thus passes his 10+2 level at the age of 17/18 years as the case may be. Allow another 3 or 4 years for the graduation programmes depending on the kind of graduation. Thus he does his graduation at the age of 20 years (minimum) or 22 years (maximum). This is followed by a two-year post-graduation programme reaching the age levels of 22 to 24 years as the case may be. This is then followed by a Research Degree (say, three years) obtained at the age of 25 to 27 years as the case may be. The above would be a good guideline for understanding the normal course. If somebody takes up a job after 10+2, say for three years. and then comes back and resumes his studies, it would not constitute a normal course.

(v) Fifth issue pertains to the period of benefit. The rule is clear to the extent that the maximum benefit can be up to five years. The calculation starts from the completion of 25 years of age. Here, it has to be seen as to at what age he would have acquired the essential qualifications in the normal course. The reference point is thus the acquisition of the prescribed essential qualifications and not when a person is recruited or appointed. Any deviation from the normal course of study for acquiring the essential prescribed qualifications for the post be if for some other course of study, break in study, period of waiting or unemployment, any other employment or experience higher than what is essentially required will have to be discounted in the process of calculation of entitlement period.

For instance, a person completes his Masters level at the age of 23 years. He gets a job somewhere and remains in such employment for a period of three

45

years. He decides to quit the job and take up a course in LLB when he is 26 years old and completes his law degree at the age of 29 years and then starts practising law in the court. After 4 years of practice, he applies for the job of ADA and gets the same. Now, the question is whether he would be entitled to a benefit under this rule and if yes, to what extent? While examining his case, it should be seen at what age he would have acquired the essential qualifications prescribed for the post of ADA in the normal course. (The essential prescribed qualifications are BA, LLB with two years to practice experience). He could have completed his law course at the age of 24 years had he not gone for his Masters. Two years practice criterion gets completed at the age of 26 years. He would, therefore, be entitled to the benefit under the Rule but for a period of one year only.

(vi) Sixth issue pertains to the time of the entitlement to such a benefit. Note 2 under the Rule clearly stipulates that the decision to grant the concession under this rule shall be taken by the Administrative Department at the time of recruitment in consultation with the Finance Department and the Public Service Commission. It is, therefore, clear that the question also whether someone is entitled to the benefit under the rule or not, and if yes, then to what extent, should be decided at the time of recruitment itself. Once decided, the benefit would be made available to such employee at the time of determining his superannuation pension. Two years time from the date of his appointment has been considered to be a reasonable time within which the process of application for the benefit (one year) and the process of consultation between the Administrative Department and the Finance Department (second year) should be completed.

B. Guidelines :-

(i) It is clear from the interpretation given above that each case will have to be examined on its own merits keeping in view (a) the essential qualifications prescribed for the post and (b) the date of acquisition of such qualifications in the normal course so as to (c) determine the period of benefit. The Administrative Departments are, therefore, requested to examine all such cases in the light of the interpretation given above and further to provide the requisite details to the Finance Department while sending cases for consideration in the FD.

(ii) It has been decided to grant a one-time relaxation of time prescribed in Note 2 under the Rule and invite applications from all such employees for consideration of their cases. Accordingly, all such employees who consider themselves to be entitled to the benefit under Rule 4.2-A of the CSR Vol. II may submit their applications to their respective Heads of Departments within a period of six months of the issue of these instructions. Cases for relaxation in time will not be entertained after the expiry of this grace period.

(iii) The Heads of Department should ensure that these instructions are circulated among all the employees and a copy of these instructions should be displayed on the notice board of the Department for a sufficiently long period of time.

Yours faithfully,

Sd/- (Y.S. Malik) Commissioner & Special Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 1/2(43)2000-2FR-II Dated, Chandigarh, the 5th March, 2001

A copy is forwarded for information and necessary action to the :-

Accountant General (A&E), Haryana, Chandigarh. All Treasury Officers/Treasury Officers in Haryana. Sd/- (RANJU PRASAD) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 1/2(43)2000-2FR-II Dated, Chandigarh, the 5th March, 2001

A copy is forwarded for information and necessary action to the :-

Advocate General, Haryana, Chandigarh. Sd/- (RANJU PRASAD) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners, Haryana and All Administrative Secretaries to Government, Haryana for information and necessary action. Sd/- (RANJU PRASAD) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Financial Commissioners, Haryana. All the Administrative Secretaries to Government, Haryana.

U.O. No. 1/2(43)2000-2FR-II Dated, Chandigarh, the 5th March, 2001

A copy is forwarded to the Principal Sectary/Additional Principal Secretary/ OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secy. for information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secy. Haryana. Sd/- (RANJU PRASAD) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Sectary/Additional Principal Secretary/OSD/

Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary Haryana.

U.O. No. 1/2(43)2000-2FR-II Dated, Chandigarh, the 5th March, 2001.

***************

47

No. 1/49/2k-1PR(FD)

From

The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, The Registrar, Punjab and Haryana High Court,

Dated, Chandigarh, 30th March, 2001

Subject : Revision of pay scales w.e.f. 01.01.1996 – Case of the officials who were held up at Efficiency Bar in the old scales – Next increment in the revised pay scales – clarification regarding.

Sir,

I am directed to invite a reference on the subject noted above and to say that Govt. vide circular No. 4/16/4PR(FD)-87, dated 23.8.90 had issued clarification with regard to the fixation of pay of employees w.e.f. 01.01.1986, who were held up at the stage of E.B. in the pre-revised scales.

Some departments have sought clarification in regard to those employees who had not crossed their efficiency bar in the old pay scales and whether they should be permitted for pay fixation and benefit of increment in the revised scale w.e.f. 01.01.1996 without crossing the efficiency bar in the old scale or not?

The Govt. have considered the matter and decided to keep the earlier clarification dated 23.8.90 in force for the purpose of the scales effective from 01.01.1996 too i.e. an employee who had not crossed Efficiency Bar in the old scale or was held up at the E.B. is not required to first cross the Efficiency Bar in the un-revised scales to earn his next increment in the revised scale.

For illustration, the date of increment of an employee is 1st August of any year and his basic pay as on 1.8.94 was Rs. 2300/- in the scales of Rs. 1400-40-1600-50-2300-EB-60-2600. He was to cross the efficiency bar w.e.f. 1.8.95 raising his pay from Rs. 2300/- to Rs. 2360/-. Since he was held up at Efficiency Bar, his pay in the revised scale of Rs. 5000-150-7100-EB-150-7850 would be fixed w.e.f. 01.01.1996 presuming his basic pay at the level of Rs. 2300/- without insisting on crossing of E.B. in the un-revised scale and next increment available to him in the revised scales would be 01.08.1996, in case his next increment in the revised scale is the stage of E.B., he will have to cross the Efficiency Bar at this stage.

Yours faithfully,

Sd/- Under Secretary Finance

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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48

These instructions have been Revised vide No. 1/125/2008-1PR(FD), Dated 14.01.2009.

No. 9/16/94-1PR(FD)

From

The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, Commissioners, Ambala, Hisar, Rohtak & Gurgaon Divisions, All Deputy Commissioners All S.D.Os. (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 9th April, 2001

Subject : Revision of rates of Non-practicing Allowance w.e.f. 01.04.2001

Sir,

I am directed to invite your attention to the subject cited above. The doctors working in the PGlMS Rohtak, Departments of Health, Ayurveda, Animal Husbandry and Dairy Development are in receipt of Non-practicing Allowance at present. The Government has considered the request of the doctors working in these Departments for revision of rates of the, Non-practicing Allowance and decided to revise the same w.e.f. 01.04.2001 at the rates mentioned below :-

Existing Pay Slabs & Rate of NPA Revised Pay Slabs & Rates of NPA

Sr. No

Pre- revised Pay Slabs Corresponding Rev. Pay Slabs

Existing Rates Revised Pay Slabs Revised Rates

1 For basic pay upto Rs. 3000/-

For basic pay up to Rs. 10,000/-

Rs. 600/- PM Basic Pay upto Rs. 9999/-

Rs. 1600/- PM

2. For basic pay above Rs. 3000/- and upto Rs. 3700/-

For basic pay above Rs. 10,001/- and upto Rs. 12000/-

Rs. 800/- PM Basic Pay from Rs. 10,000/- upto Rs. 11,999/-

Rs. 2000/- PM

3. For basic pay above Rs. 3700/-

For basic pay above Rs. 12000/-

Rs. 900/- PM Basic Pay of Rs. 12000/- and above

Rs. 2500/- PM

2. NPA + Basic Pay will not exceed a ceiling of Rs. 25,900/- per month.

3. Fixation of Pay in respect of such of the Doctors who were in receipt of NPA as on 31.12.95 :-

(i) The pay of employees covered under this category will be notionally re-fixed as on 01.01.1996 after taking into account the following :-

(a) Basic Pay in the pre-revised scale as on 01.01.1996 or on the date of option.

(b) Dearness Allowance appropriate to the Basic Pay + NPA admissible at index average 1510 (1960=100) under the relevant orders.

(c) The amounts of first and second installments of interim relief admissible on the basic pay + NPA in the pre-revised scale.

(d) 40% of the Basic Pay in the pre-revised scale as on 01.01.1996 or on the date of option.

(ii) The emoluments so calculated will be taken into account for the purposes of refixation of Pay in the revised scale(s) as on 01.01.1996. The pay will be fixed

49

at the stage equal to such computed amount and in case there is no such stage equal to so computed amount, then, the pay will be fixed at the stage next above in the appropriate revised scale.

(iii) The pay re-fixed as above will be on notional basis and shall be brought forward to 01.04.2001 on notional basis without payment of any arrears on this account.

(iv) The employees will draw their pay determined as above along with revised rates of NPA w.e.f. 01.04.2001.

4. Pay will not be re-fixed in case of the category of employees who joined service after 01.01.1996 in the revised pay scales or in whose case the Non-practicing Allowance was introduced after 01.01.1996. The details of amount being drawn towards NPA by these categories of employees as on the date is as under :-

Sr. No.

Pay Slab NPA DA on NPA IR II & III on NPA

Total

1. For basic pay up to Rs. 10,000/-

Rs. 600/- PM Rs. 1506/- Rs. 120/- Rs. 2226/-

2. For basic pay above Rs. 10,001/- and upto Rs. 12000/-

Rs. 800/- PM Rs. 1504/- Rs. 160/- Rs. 2464/-

3. For basic pay above Rs. 2000/-

Rs. 900/- Rs. 1467/- Rs. 180/- Rs. 2547/-

Total corresponding Revised emoluments in respect of the above with effect from 01.04.2001 will be as under :-

Sr. No.

Pay Slab NPA DA on NPA @ 41%

Total

1. For basic pay upto Rs. 9,999 Rs. 1600/- PM Rs. 656/- Rs. 2256/-

2. For basic pay from Rs. 10,000/- and upto Rs. 11,999/-

Rs. 2000/- PM Rs. 820/- Rs. 2820/-

3. For basic pay of Rs. 12000/- and above

Rs. 2500/- PM Rs. 1025/- Rs. 3525/-

5. The Non-practicing Allowance would be treated as part of Pay for the purposes of DA, entitlement for Loans & Advances and TA/DA only.

Yours faithfully,

Sd/- Under Secretary Finance

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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50

No. 34/1(1)91-WM(3) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil), All District & Session Judges. Dated, Chandigarh, the 10th April, 2001 Subject : Rate of interest to be charged on loans from NABARD for Co-op. Societies,

Investment in Transport, State Electricity Board and Food & Supplies Department etc. for the year 2000-2001.

Sir, I am directed to address you on the subject noted above and to say that during the financial year 2000-2001 the rate of interest on loans granted by the State Government out of the State Loans and Advance unless otherwise specified in any particular case would be as under :-

2000-2001

1. Loan from NABARD for Coop. Societies 12%

2. Loans to Haryana State Electricity Board 12.5%

3. Investment in Transport Department 11%

4. Investment in Food & Supplies Department. 12.5%

2. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S.R. Maurya) Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 10.4.2001 A copy is forwarded to the Accountant General (Accounts) Haryana Chandigarh for information and necessary action. Sd/- Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

51

No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 10.4.2001 A copy each is forwarded to the following for information and necessary action :-

Secretary to Governor, Haryana. All the Financial Commissioner & Administrative Secretaries to Government,

Haryana. State Election Commissioner, Haryana. Gurudawara Election Commission, Haryana. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. M.Ds. of various Boards/Corporations in Haryana (IAS officers only). Hon‘ble Speaker, Haryana Vidhan Sabha. Vice Chancellors of Universities and Medical Colleges in the Haryana State. Sd/- Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Special Principal Secretary/AddI. Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Secretary/Deputy Chairman Planning Board, Haryana. Sd/- Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To The Principal Secretary/Spl. Principal Secretary/

AddI. Principal Secretary/Officer on Special Duty/ Senior Secretaries/Secretaries/Private Secretary to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board, Haryana.

No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 10.4.2001

***************

52

No. 46/1/2001-WM(6) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Head of Departments, Commissioner of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners & Sub Divisional Officers (Civil), All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 19th April, 2001 Subject : Grant of interest free advance to Government employees for the purchase of

wheat during the year 2001-2002. Sir, I am directed to inform you that the State Government has decided to grant an interest free advance of Rs. 3500/- (Rs. Three thousand five hundred only) to all Class-IV Govt., employees in the State who wish to buy wheat for their own consumption during the year 2001-2002. The advance will be recoverable in monthly instalments to be fixed by the Departments concerned so as to effect its full recovery before the close of the financial year 2001-2002 i.e. full loan should be recovered before 31.3.2002. 2. The advance will be admissible to permanent/temporary regular Class-IV employees only. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would, in the case of temporary employees, allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanees before the close of the financial year 2001-2002. 3. The following conditions should be observed in sanctioning this loan :-

(i) A certificate should be obtained from the loanee to the effect that he has utilized the loan for the purchase of wheat. He should give this certificate within one month of the drawal of the loans.

(ii) The officer concerned, before sanctioning the advance, should satisfy himself that the incumbent will continue in service until full recovery of the total amount of advance is effected.

(iii) These orders will cease to operate after the 31st May, 2001.

(iv) The recovery of the first instalment of the advance should preferably be made from the pay for the month of May, 2001.

(v) The advance should not be granted to those Class-IV employees on deputation to other Govt./Corporations and Local Bodies etc.

(vi) The advance will not be admissible to work charged and daily wages employees.

53

(vii) Where both husband and wife are employed, the wheat advance should be allowed to only one of them.

4. It is requested that the schedule of recoveries should be attached with each pay bill in the proforma enclosed. It is also requested that the detailed accounts of the recoveries of the loan should be maintained by the Drawing and Disbursing Officers which should be reconciled with the office of the Accountant General, Haryana (A&E) every month. 5. The expenditure incurred on the grant of wheat loan may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by 30.6.2001 positively in the enclosed Performa. It is once again requested that the information regarding expenditure be sent in time. 6. The expenditure may be debited to the Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99)Advances for purchase of Food grains 50-advances (non-plan). The recoveries made may be credited to the corresponding receipt head i.e. "7610- Loans to Govt. Servants etc. 800- other Advances-(99)Advance for Purchase of Foodgrains(Receipt). Yours faithfully, Sd/- (P.K.Das) Joint Secretary Finance(B), for Financial Commissioner & Secretary to Govt., Haryana Finance Department. No. 46/1/2001-WM(6) Dated, Chandigarh, the 19th April, 2001 A copy is forwarded to the Accountant General, Haryana (Accounts and Audit), Haryana, Chandigarh for information and necessary action.

2. The expenditure is debitable to Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99)-Advances for purchase of Food grains.

3. Detailed accounts of the recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- Joint Secretary Finance(B), for Financial Commissioner & Secretary to Govt., Haryana Finance Department. No. 46/1/2001-WM(6) Dated, Chandigarh, the 19th April, 2001 A copy is forwarded to all Treasury Officers/Assistant Treasury Officers Haryana with the request that date given in the letter may please be strictly followed and no bill be passed after 31.5.2001. The payment made on the basis of the sanction issued by the Department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- Joint Secretary Finance(B), for Financial Commissioner & Secretary to Govt., Haryana Finance Department.

54

Copies are forwarded to :-

The Financial Commissioner Revenue, Haryana, All the Administration Secretaries to Govt. Haryana; for information and necessary action. Sd/- Joint Secretary Finance(B), for Financial Commissioner & Secretary to Govt., Haryana Finance Department. To The Financial Commissioner Revenue, Haryana. All the Administration Secretaries to Govt., Haryana. No. 46/1/2001-WM(6) Dated, Chandigarh, the 19th April, 2001 A copy each is forwarded to the Principal Secretary/Spl. Principal Secretary/Addl. Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- Joint Secretary Finance(B), for Financial Commissioner & Secretary to Govt., Haryana Finance Department. To The Principal Secretary/Spl. Principal Secretary/Add. Principal Secretary/

Officers on Special Duty/Sr. Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman, Planning Board, Haryana.

U.O. No. 46/1/2001-WM(6) Dated, Chandigarh, the 19th April, 2001.

PROFORMA

Name of Department

Name of Office Drawing and Disbursing Officer

Amt. of wheat adv. to employees

1 2 3 4

SCHEDULE OF RECOVERIES

S. No.

Name & Designation

of employees

Total amount

of advance

Recoveries upto last month

Amount of advance

recovered in this bill

Total amount

recovered upto date

Balance Remarks

1 2 3 4 5 6 7 8

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55

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 8/6/2001-5PR(FD) To All the Administrative Secretaries to Govt. of Haryana, All Heads of Departments, All Divisional Commissioners/Deputy Commissioners/S.D.Os. (Civil) in Haryana, The Registrar, Punjab & Haryana High Court. Dated, Chandigarh, the 20th April, 2001 Subject : Detailed guidelines in matters involving Pay Revision and the issue of

Anomalies related thereto. The State Government revised pay scales of its employees with effect from 1.1.1996 vide its notifications dated 7th January, 1998. The pay scales were revised under the Haryana Civil Services (Revised Pay) Rules, 1998 and a scheme of Assured Career Progression (ACP, for short) Scales was also introduced under the Haryana Civil Services(Assured Career Progression) Rules, 1998. The revision of pay scales was carried out under a distinct composite scheme introduced by the Government with a clear option given to the employees to opt for the schemes containing revised scales or continue to be governed under the then existing pre-revised scheme. Once having opted for the composite scheme of Revised Pay Scales under the 1998 Rules of their own will and best judgement, the employees are estopped from going back to the pre-revised scheme of pay scales on selective basis in a piecemeal manner. 2. It has been observed that various categories of employees keep representing for grant of higher pay scales for themselves and the Administrative Departments also keep recommending such demands to the Finance Department without detailed examination of such cases. A general feeling seems to be resting with the Administrative Departments that the subject falls within the domain of the Finance Department and, therefore, an in-depth scrutiny is left to the Finance Department. A large number of employees also keep approaching the Courts, especially the Hon'ble Punjab & Haryana High Court by way of Civil Writ Petitions seeking various reliefs related to the subject of Pay Revision. The Departments, while filing written statements, have gone on record in many cases to say that the Administrative Department (AD)/Department had recommended the demand of the employees but the Finance Department did not agree. Since a reference to the Finance Department is a part of the internal consultation process in the Government, such averments are not in order as it is the Government as a single entity before the Courts. Instructions on the subject have already been issued by the Chief Secretary, Haryana vide his Memo No. 66/12/2000-6GS-I, dated 12th January, 2001. It has also been observed that the written statements are being filed in routine and the required level of diligence is generally found missing.

3. It is keeping the foregoing in view that it has become necessary to explain the subject of revision of pay scales and the issues pertaining to the so-called anomalies for the benefit of all concerned, Hence, these guidelines.

A. Principles governing matters pertaining to revision of Pay Scales :

4. The Hon'ble Apex Court has held in a number of cases that the issues involved in pay revision matters are extremely complex and can be best examined and considered by

56

expert bodies such as Pay Commission and issues such as equality of work, nature of duties and responsibilities of various posts require in-depth analysis. The whole rationale, while considering the prescription of a pay scale for a particular post, has been explained by the Apex Court in the case of Secretary, Finance Department Vs West Bengal Registration Services Association, AIR 1992 SC 1203. The Hon'ble Supreme Court observed in this case as under: "... it is well-settled that equation of posts and determination of pay scales is the

primary function of the executive and not the judiciary and, therefore, ordinarily courts will not enter upon the task of job evaluation which is generally left to expert bodies like the Pay Commissions, etc. But that is not to say that the court has no jurisdiction and the aggrieved employees have no remedy if they are unjustly treated by arbitrary state action or inaction. Courts must, however, realise that job evaluation is both a difficult and time consuming task which even expert bodies having the assistance of staff with requisite expertise have found difficult to undertake sometimes on account of want of relevant data and scales for evaluating performances of different groups of employees. This would call for a constant study of the external comparisons and internal relativities on account of the changing nature of job requirements. The factors which may have to be kept in view for job evaluation may include (I) the work programme of his department (ii) the nature of contribution expected of him (iii) the extent of his responsibility and accountability in the discharge of his diverse duties and functions (iv) the extent and nature of freedoms/limitations available or imposed on him in the discharge of his duties (v) the extent of powers vested in him (vi) the extent of his dependence an superiors for the exercise of his powers (vii) the need to co-ordinate with other departments, etc. We have also referred to the history of the service and the effort of various bodies to reduce the total number of pay scales to a reasonable number. Such reduction in the number of pay scales has to be achieved by resorting to broad banding of posts by placing different posts having comparable job charts in a common scale. Substantial reduction in the number of pay scales must inevitably lead to clubbing of posts and grades which were earlier different and unequal. While doing so care must be taken to ensure that such rationalisation of the pay structure does not throw up anomalies. Ordinarily a pay structure is evolved keeping in mind several factors e.g., (I) method of recruitment, (ii) level at which recruitment is made, (iii) the hierarchy of service in a given cadre, (iv) minimum educational/technical qualifications required, (v) avenues of promotion, (vi) the nature of duties and responsibilities, (vii) the horizontal and vertical relativities with similar jobs, (viii) public dealings, (ix) satisfaction level, (x) employer's capacity to pay, etc. We have referred to these matters in some detail only to emphasis that several factors have to be kept in view while evolving a pay structure and the horizontal and vertical relativities have to be carefully balanced keeping in mind the hierarchical arrangements, avenues for promotion, etc. Such a carefully evolved pay structure ought not to be ordinarily disturbed as it may upset the balance and cause avoidable ripples in other cadres as well. There can, therefore, be no doubt that equation of posts and equation of salaries is a complex matter which is best left to an expert body unless there is cogent material on record to come to a firm conclusion that a grave error had crept in while fixing the pay scale for a given post and court's interference is absolutely necessary to undo the injustice."

Another land-mark judgement elucidating the principles of pay revision and dealing with the subject of equivalence of posts is in the case of State of UP Vs J.P. Chaurasia (1989) 1 SCC, 121: JT 1988(4) SC 53:1989 Lab IC 1146.

57

5. As it happens, the Government machinery comprises various administrative posts starting from the supporting staff in Group-D categories and going up to Group-A in the administrative hierarchy. Sheer enormity of the task of Pay Revision can be well appreciated when seen in relation to the number of posts and cadres that exist in various Government departments. For example, in the Irrigation Department of the Government, there are as many as 48 categories of posts in the Group-D/Class-IV and there are not more than 4 standard pay scales prescribed for this category by the Fifth Pay Commission. B. Revision of Pay Scales in Haryana: A historical perspective.

6. The Government of Haryana constituted its own Pay Commission, based on the recommendations of which pay scales of various categories of its employees in different departments were revised w.e.f. 01.04.1979. This Pay Commission, being specific to the State of Haryana, took cognizance of the various posts in different departments and prescribed pay scales for each and every post in each and every department. As a result, a total of 57 standard pay scales and more than 70 pay scales were prescribed for various categories of posts. The concept of grant of Selection Grade was also followed while revising the pay scales at this point of time and the Selection Grades were provided along with time scales for a number of categories of posts.

7. The Central Government set up the Fourth Pay Commission in the 1980 based on the recommendations of which pay scales were revised w.e.f. 1.1.1986 for the Central Government employees. There were pressing demands from various associations/unions of the employees in the State at that point of time for adoption and grant of central pay scales to the employees of the State Government. Responding favourably, the Government decided to broadly follow the recommendations of the Fourth Pay Commission as adopted by the Central Government. Accordingly, then onwards, it was decided to revise the pay scales of the State Government employees broadly following the central pattern of pay scales. This was a complete switch over from a 'State-specific pay-scale structure" to a "Centre-specific system/structure.' One of the relevant aspects encountered in the process was that the Fourth Pay Commission had reduced the number of pay scales and had recommended only about 30 standard pay scales. The system of grant of Selection Grades was also discontinued. C. Issues and Problems associated with pay revision in the state :

8. A number of problems were countered during this general pay revision. These could broadly be listed as under:

Firstly, the State Government was faced with a gigantic task of fitting over 70 existing pay scales into approximately 30 revised scales in total while revising the pay scales of its own employees.

Secondly, it was observed that working of the Central Government is quite different in respect of many services especially in respect of those which are in the domain of the states alone. There are a number of field organisations in the state that do not exist in the Central Government at all.

Third, there are many posts in the State Government where the quantitative and qualitative aspects of the nature of duties for the posts are different when compared with those in the Central Government even though the posts carry similar designations.

Fourth, in certain cases, the designations were similar but the qualifications prescribed were found to be different for the posts.

And lastly, there were certain categories of posts which were in no way identifiable with those in the Central Government.

58

9. Notwithstanding the problems mentioned above, solutions had to be found. While revising the pay scales in the year 1987 (effective from 1.1.1986), the State Government decided to broadly follow two principles :-

(a) Central Pay Scales be provided for posts in the State Government wherever the principles of equivalence of posts were satisfied i.e. the posts, nature of duties and qualifications etc. were by and large comparable with those in the Central Government.

(b) Fit the existing State Government pay scales into revised standard pay scales prescribed by the Central Government based on (i) the nearest equivalence of posts in terms of qualifications and nature of duties, and (ii) the emoluments bring drawn m the pre-revised scales (so that nobody suffers a loss in emoluments) .

10. Fitment of 70-odd pre-revised pay scales into 30-odd revised pay scales would mean that a number of different pre-revised pay scales would have to be clubbed and given a substitute pay scale. This is clear from a perusal of the Table showing the different pay scales existing as on 1.4.79, 1.1.86 and 1.1.96 (enclosed as Annexure 'A') . A natural consequence of such convergence of scales was that identical pay scale had to be prescribed in a number of cases for the feeder post as well as the promotional post in a particular department. Realising that such a situation should not result in dissatisfaction amongst the employees, it was specifically provided in the Pay Revision Rules of 1987 that wherever the same pay scale had been provided as functional pay scale for the feeder post as well as the promotion post on account of clubbing of pre-revised pay scales of such posts, an employee, on his promotion in the identical revised pay scale, would be granted the benefit of one increment, and his pay, on his promotion, would be fixed at the stage next above.

11. Thereafter, the State Government has carried out a general pay revision w.e.f. 1.1.96. While the Central pattern of pay scales has been broadly followed in this general revision as well, the State Government has maintained differences from the Central Pay Scales wherever warranted on account of the exigencies of services in, the State. It has to be understood that while recommending the pay scales for Central Government employees, the Fifth Pay Commission considered various factors such as transferability of people throughout the length and breadth of the country whereas those situations do not prevail in case of state Government employees. While giving effect to the general revision of pay scales w.e.f. 1.1.96, certain standard pay scales had to be bifurcated. For example, the pay scales of Rs. 1400-2600 and Rs. 1600-2660 have been clubbed by the Central Government and replaced by a corresponding revised scale of Rs. 5000-8000, the State Government had to bifurcate this scale into two i.e. Rs. 5000-7850 and Rs. 5450-8000 in view of the hierarchical structure of services in the State. Similar treatment had to be resorted to in case of a few other pay scales. Had this not been done, the problems of pay scales of feeder posts and promotion posts would have been further compounded. Moreover, the State Government has introduced a scheme of Assured Career Progression Pay Scales in respect of all the employees belonging to Groups 'C' & 'D' and in respect of a few other services belonging to Groups 'B' & 'A' purely in the nature of a welfare scheme to take care of the problem of financial stagnation for the employees. This facility has not been provided in the Central Pay Scales. In brief, the State Government has broadly followed the Central pattern of Pay Scales in this general revision but the Central Pay Scales have not been adopted in toto.

D. The issue of Equivalence of posts and pay scales :

12. One single most important factor in the whole exercise of pay revision pertains to equivalence of posts while prescribing pay scales of different posts in different departments. Even in a structure where the State had more than 70 pre-revised pay scales, these scales

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were provided for different posts in different departments. The issue to be appreciated and understood in this context is that if a particular scale has been provided for a particular post in 'A' department and an identical pay scale is also provided for another post in 'B' department, it does not establish any parity or equivalence between such posts. It is just a co-incidence that these posts carry identical pay scales at a given point in time even though in different departments. There are a number of pronouncements by the Hon'ble Supreme Court of India and the Hon'ble Punjab & Haryana High Court on the subject. The principles enunciated on the subject of equivalence of posts and pay scales emerging from these judgments have been circulated by the Finance Department recently vide its instructions bearing No. 6/1/2001-1PR(FD), dated 24th January, 2001. 13. There are various kinds of erroneously perceived equivalence as claimed by the employees which, in close rational scrutiny, cannot be held to be correct. For instance :- (i) Certain employees claim parity on the basis of the pay scales having been

identical in the past. For example, a Head Constable claiming parity with a JBT Teacher only because the pay scales of these posts happened to be identical at some point of time. It is common knowledge that there is no relationship between the qualifications, nature of duties, job requirements etc. for the two posts, whatsoever.

(ii) There are common designations such as Assistant Director, Deputy Director, Joint Director, and Additional Director in different Departments. Merely because the designations are similar, it does not mean that there is equivalence among such posts. The differences lie in size of the departments, nature of duties, qualifications, vertical relativities and the levels of responsibilities assigned. The designations are common only for the purposes of administrative convenience.

(iii) There are certain cases where the designation and the qualifications may be identical but there may be qualitative and quantitative difference in the nature of duties. For example, the posts of Assistant Research Officer and Research Officer in the Economic & Statistical Organisation of the State are superior in terms of quantitative and qualitative aspects of their job vis-a-vis similarly designated posts in other departments. This has been clearly brought out by the Hon'ble Punjab & Haryana High Court while dismissing CWP No. 17518 of 1998.

(iv) The lecturers working in Pre-examination Training Centres, run by the Department of Welfare of Scheduled Castes and Backward Classes, claimed parity in pay scales with the school lecturers in the Education Department by way of CWP No. 4670 of 1998. The Hon'ble Pb. & Hr. High Court held that there was no equivalence between the posts, both on account of difference in qualifications and nature of duties.

(v) Similar would be the case of Language Teachers working in Industrial Training Department and those working in the General Education Stream. Languages constitute core subjects in the General Education Stream whereas the same constitute a subsidiary subject in a Technical Training Institute. Even though the qualifications for language teachers in both Departments may be identical but the basic difference would lie in the qualitative nature of duties between the two.

E. Is the Government competent to disturb the so-called parity in scales? 14. In a growing economy such as ours, the significance and importance of certain posts and cadres keeps changing from time to time as a part of the dynamic process. To illustrate, land revenue used to constitute the main source of Government revenue during the

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pre-independence period and so did the Abiana. With the change in economic policies, a situation has come when land revenue, as a source of revenue for the State, is either non-existent altogether or nearly non-existent. Similarly, the revenue from abiana is perhaps not even equal to the establishment costs. As on today, it is the Sales-tax and Excise which together constitute the major sources of revenue and a shift in responsibilities and duties from that of land revenue staff to the Excise and Taxation staff. Doctors and Engineers used to be in great demand till a few years back. Demand & supply position has reversed the trends today. Now, value addition for an Engineer comes along with an MBA Degree. Today, it's time for professionals in the fields of Management, Chartered Accountants and IT professionals. They command a much better price in the market today. Similarly, if the Government decides to withdraw itself from a number of sectors and concentrates on regulation, administration and provision of services such as Education and Health services, the importance and prioritization of these services over others would be clearly established.

It is on account of the dynamics of shifting emphasis from time to time that importance of different services and the nature of duties, and responsibilities assigned to different services keep changing in order of priorities & significance and the Government has to respond to such changes in duties and responsibilities. Resultantly, the pay scales of certain categories of posts are changed as compared with what it used to be historically depending upon their nature of job and responsibilities. For example, the Fourth Pay Commission recommended higher pay scales for the employees serving in the Education and Health sectors as compared to what was provided to employees in these sectors in the past. As a matter of fact, the 5th Pay Commission has further given a boost to the teaching staff in various categories in its recommendations. Since the Government has to respond to such changing realities, what could have been (mis) understood and (mis) interpreted as "parities" the past, get disturbed in the process.

F. The issue of Anomalies :

15. While the main task before the State Government, while revising its pay scales w.e.f. 01.01.1986 was fitment of a State Government pay-scale structure into that of the Central Government pay-scale structure, the exercise was carried out as precisely as it could be. Subsequently, various associations and unions of the employees working in the Government complained of a number of perceived anomalies and represented for removal thereof. Even larger numbers represented for grant of higher pay, scales to them. The State Government constituted a Pay Anomalies Commission which considered various representations. Surprisingly, it did not observe and pinpoint any specific anomalies (as observed by the Hon'ble Punjab & Haryana High Court also) . However, even though it was a Pay Anomalies Commission, it exceeded its terms of reference, acquired to itself the role of a Pay Commission and recommended further higher scales for various categories of employees. The State Government considered the report of the Pay Anomalies Commission and found that its recommendations, which it had made as if it were a Pay Commission, could not be accepted as such. As a result, a High Powered Officers Committee was constituted to examine the recommendations of the Pay Anomalies Commission (PAC) which, in turn, recommended further revision of pay scales of certain categories of its employees leading to the circular instructions dated 23.08.1990, whereby pay scales were further modified for certain categories of employees w.e.f. 01.05.1990.

16. A number of employees belonging to various departments and posts filed various CWPs in the Hon'ble Punjab & Haryana High Court. The common issue before the Hon'ble Punjab & Haryana High Court in all these writ petitions (numbering 26) was as to whether the pay scale modification orders dated 23rd August, 1990 (effective from 01.05.1990) were issued with a view to removing the anomalies and, hence, the revision should have taken effect from the day the anomaly occurred i.e. 01.01.1986 rather than from a later date i.e. 01.05.1990. All

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these CWPs were decided by way of one judgement in the case of S.K. Bishnoi & others versus the State of Haryana in CWP No. 12483 of 1990. The Hon'ble High Court dismissed these 26 writ petitions finding no merit therein. The Hon'ble High Court observed in its order as under :- "The petitioners are not correct in saying that the PAC or the Officers' Committee had

detected, any anomaly in their pay scale. Even at the time of hearing, none was pointed out. The official record produced at the time of hearing does not point out that the PAC or the Officers' Committee found any anomaly in the pay scale of the petitioners or other similarly situated employees. To us it appears that the respondent allowed them the higher pay scale of Rs. 2000-3500 keeping in view the nature of duties performed by them."

G. Pay Anomaly: the Definition : 17. It is critically important here to make a reference to the issue of anomalies. The word "Anomaly" has been defined in Webster's New Twentieth Century Dictionary to mean "abnormality' irregularity; deviation from the regular arrangement, general rule or the usual method". Since this definition is not precise with reference to the pay scales and pay revision, it is pertinent to draw up a reasonable definition of what would constitute of an anomaly. It has been discussed by the Hon'ble Punjab & Haryana High Court in CWP No. 12483 of 1990 (S.K. Bishnoi and others Vs. State of Haryana etc.) as a situation "where there is a loss of emoluments in the case of an employee on account of revision of pay scales." It would be in order to precisely define what would constitute an anomaly in the matter of pay scales. It can be reasonably stated that an anomaly would be said to have occurred :- (a) When the pay scales are revised by the Government through a general pay

revision notification for all its employees and the revised scales are not prescribed in respect of some posts/departments on account of inadvertent omission;

(b) When the functional pay scale prescribed for a promotion post is lower than the functional pay scale of the feeder post.

(c) Where there is a loss of pay in the case of an employee on account of revision of pay scales.

(d) Where, on promotion, an employee draws lower emoluments than what he was drawing prior to his promotion.

(e) Where the pay of a senior employee gets fixed at a lower stage as a consequence of pay revision qua a similarly situated junior employee.

18. Having defined the concept of anomaly in matters of pay scales, it is important to mention that the expression is not clearly understood and is rather misconstrued by most of the employees. As a result, in all such cases, where the employees request, demand or agitate for grant of a higher pay scale for a particular post, they generally tend to represent that there is an anomaly and the same should be removed. In actual, judging by the definition of 'anomaly' explained above, there is no anomaly as such. Albeit, their request, to be precise, is a demand for an upward revision of the pay scale.

H. Whether the provision of same scale for the feeder post and the promotion post would constitute an Anomaly?

19. A simple and straight answer to the above query is in the negative. There is no doubt that, in so far as possible, there should be separate pay scales prescribed for feeder

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posts and promotion posts. However, given the existing administrative structure and a number of layers in the administrative hierarchy, it is not possible to achieve this ideal situation especially when the number of pay scales is being reduced from 70 to 30. It would call for a complete re-structuring of various levels of posts/designations within each department including abolition of a large number of administrative layers, amend the service rules accordingly and make adjustments qua the existing posts/employees in the restructured set-up. This can be achieved over a long period of time and that also after the requisite restructuring exercise is completed. 20. In view of the position explained in para 10 earlier, fitment of 70-odd pre-revised pay scales into 30-odd revised pay scales would mean that a number of pre-revised pay scales would have to be clubbed and given a substitute pay scale. A natural consequence of such clubbing/convergence of scales was that there were a number of posts in respect of which identical pay scale had to be prescribed for the feeder post as well as the promotional post in a particular cadre. A perusal of Annexure 'A' would show that a total of seven pay scales were clubbed and substituted by the pay scale of Rs. 1400-2600. It is natural that in certain cases the pre-revised pay scales were also the pay scales of feeder posts and promotional posts in any particular department. As a result, on account of clubbing of these seven pay scales and substitution by one pay-scale of Rs. 1400-2600 as on 01.01.1986, the pay scales of the feeder posts and those for the promotion posts became identical in some cases. Realising that such a situation should not result in dissatisfaction for the employees, it was specifically provided in the Pay Revision Rules of 1987 that wherever the same pay scale had been provided as a functional pay scale for the feeder post as well as for the promotion post on account of clubbing of pre-revised pay scales of such posts, an employee, on his promotion in the same revised pay scale, would be granted the benefit of one increment and his pay, on his promotion, would be fixed at the stage next above. This benefit of one increment takes care of the, problem and may often extend greater benefit than what would have accrued to the employee in the next higher scale. As a matter of fact, it may be higher in certain cases as is borne out from the following two illustrations :- Illustration 1:

(a) An employee is drawing his pay at the stage of Rs. 6650/- in the pay scale of Rs. 5000-7850 at the time of his promotion in the same pay scale. On promotion, his pay would be fixed at the stage of Rs. 6800/- (benefit of one increment) . Thus he gains an amount of Rs. 150/- (by way of one increment) plus DA thereon on his promotion to the next post carrying the same functional scale.

(b) Another employee is working in the pay scale of 5000-7850 and is drawing a basic pay of Rs. 6650/- in this pay scale. He gets promoted on a post which carries a pay scale of Rs. 5500-9000 (the scale second next in hierarchy) . His pay in the functional scale of the promotional post would get fixed at Rs. 6725/- (the stage next above in the higher scale) . Thus, in this case, he loses by an amount of Rs. 75/- as compared with the case illustrated at (a) above.

Illustration 2:

(a) An employee is working in the pay scale of Rs. 5500-9000 and drawing a pay at the stage of Rs. 7075/- in this pay scale. He gets promoted to a post carrying the functional pay scale of Rs. 6500-9900. His pay, on promotion, would be fixed at the stage of Rs. 7100/- thus resulting in a benefit of Rs. 25/- only, whereas, if he were to get promoted on a post carrying the functional pay scale of Rs. 5500-9000, his pay, on promotion would get fixed at the stage of Rs. 7250/-.

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(b) Benefit higher than that of one increment would be admissible only in such cases where the minimum of the functional scale of the promotion post is significantly higher than the stage at which he is drawing his pay in the feeder post. Such instances are generally very rare. It is clear from the above illustration that even if the pay scale of the feeder post and the promotion post is same, the employee, does not suffer any loss in his emoluments as well as basic pay.

21. It is clear from the above discussion that, under the existing circumstances due to the given constraints, it is not possible to ensure that there are separate pay scales prescribed for feeder post and the promotion post in each and every case. Further, in view of the provision of fixation of pay at the stage next above in such cases, there is no hardship caused per se. Further, this is not anomalous in any case. I. Whether a pay scale which is further modified after the general pay revision is to

be revised from an ante-date or prospective effect ? 22. A general pay revision involves fundamental changes in the pay structure of employees. It includes merger of DA/ADA/Interim Relief and determination of emoluments by giving fitment benefits such as 20% or 40% of the basic pay for switching over to the revised pay scale structure. No such fundamental changes are involved when the Government considers further modification of pay scales during the intervening period of two general pay revisions. These modifications are generally made in response to the changing realities and justified demands of employees. This basic difference has to be clearly understood. It is extremely relevant to make a reference to the judgement of the Hon'ble Punjab &. and Haryana High Court in the case of S.K. Bishnoi & others versus the State of Haryana in CWP No. 12483 of 1990. In brief, consequent upon an independent examination (by the Officers' Committee) of the recommendations made by the Pay Anomalies Commission (kindly refer to para 15), the Government decided to further modify the pay scales of about 150 categories of posts in 40 departments/organisations vide its order dated 23.8.1990. These revisions were made effective from 1.5.90. A number of employees belonging to various departments and posts filed various CWPs in the Hon'ble Punjab & Haryana High Court. The common issue before the Hon'ble Punjab & Haryana High Court in all these writ petitions (numbering 26) was as to whether the pay scale modification orders dated 23rd August, 1990 (effective from 01.05.1990) were issued with a view to removing the anomalies and, hence, the modifications should have taken effect from the day the anomaly occurred i.e. 01.01.1986 rather than from a later date i.e. 01.05.1990. All these CWPs were decided by way of a single judgement in the case of S.K. Bishnoi supra. The whole issue has been examined in detail while dealing with these CWPs and the Hon'ble High Court dismissed these 26 writ petitions finding no merit therein. The Hon'ble High Court observed in its order as follows :

"The petitioners are not correct in saying that the PAC or the Officers' Committee had detected any anomaly in their pay scale. Even at the time of hearing, none was pointed out. The official record produced at the time of hearing does not point out that the PAC or the Officers' Committee found any anomaly in the pay scale of the petitioners or other similarly situated employees. To us it appears that the respondent allowed them the higher pay scale of Rs. 2000-3500 keeping in view the nature of duties performed by them."

23. The Hon'ble Supreme Court of India has further settled the issue while deciding (on 13.1.95) Civil Appeal No. 3528 of 1991 in the case of The State of Rajasthan versus Gopaldas, 95(3) RSJ pages 24-26. The issue for consideration before the Apex Court was on the same subject. The Government of Rajasthan had revised the pay scales of its employees w.e.f. September 1, 1981. Subsequently, it was found that there were certain categories of

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employees whose revised pay scales were not mentioned in the general revision notification. While these were subsequently prescribed with effect from the original date of pay revision i.e. September 1, 1981, the pay scale for the post of UDCs of subordinate offices was further modified vide another notification w.e.f. a later date i.e. February 23, 1985. This was challenged and it was agitated that the revision of pay scale for the post of UDCs in subordinate offices should also be made effective from September 1, 1981. The Hon'ble Apex Court observed as under in this case:

"7. The Rules providing for the revised pay-scales were made by the State Govt. as a result of the recommendation of the Pay Commission which was headed by Mr. B.P. Beri, a former Chief Justice of the Rajasthan High Court. In the process of consideration of the recommendations of the Pay Commission and its implementation, the likelihood of various anomalies and omissions cannot be ruled out. An anomalies committee is normally appointed to straighten the discrepancies and deal with the omissions which might come to the notice of the Government after the initial process of pay revision. This was precisely what was done by the State of Rajasthan by issuing the fourteen notifications relating to different departments where under the revised pay-scales, which could not be included under the Rules, were provided and enforced. So far as the notification dated February 23, 1985 relating to the UDCs, of subordinate offices is concerned, it was not with a view to remove any anomaly or to make any provision for a category which was left out of the Rules. It was a notification issued as a result of the acceptance of the demand of the UDCs of the subordinate offices for grant of higher pay-scale which was given to their counterparts in the Secretariat. The High Court failed to appreciate the factual basis for issuing the notification dated January 23, 1985 and the State Govt. was justified in granting revised S-10 to the respondent and other UDCs of subordinate offices with effect from February 1, 1985.

8. We allow the appeal, set aside the impugned judgement of the High Court and

dismiss the writ petition filed by Gopaldas. No costs." 24. Similarly, in another Special Leave Petition (Civil) No. 955 of 1996 (Dr. P.N. Puri and others Versus State of U.P. and others) decided on 29.1.1996 and reported in 1996 (2) RSJ, page 66-67, the Hon'ble Supreme Court oil India has held as under :- "It is contended by the learned counsel for the petitioners that the reason given

by the respondents is not relevant since the Anomaly Committee recommended that they are performing the same duties on par with the Medical Officers. Therefore, the High Court ought to have granted them the scale of pay from 1986. As stated earlier, reasons given in the counter-affidavit may not be correct reasons but the Anomaly Committee had recommended for payment of same scale of pay to the persons like the petitioners w.e.f. November 7, 1994. It is well settled law that fixing a date is not arbitrary violating Article 14. It is settled law that the authorities cannot pick up from their hat and fix a date. The question, therefore, arises for decision is: whether the date fixed is arbitrary? The question was referred to the Anomaly Committee to advise the Government as to the fixation of the scale of pay to which persons like the petitioners would be entitled to. The committee had gone into the question and recommended the scale of pay of Rs. 2200-4000 to the persons like the petitioners and also recommended to give effect from the date on which they had decided, namely November 7, 1994. The Government having accepted the same and given effect from the

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date. Under those circumstances, it cannot be said that fixation of date is arbitrary violating Article 14."

25. It is thus established and duly held by the Courts from time to, time that wherever pay scales are revised/modified with a view to removing any anomaly, the rectification of the anomaly should be done from the date it occurred. Wherever such revision/modification of pay scales is for reasons other than removal of an anomaly, the Government is fully within its rights to decide the date of effect of such modification. Hence, it is clear from the above that a case for ante-dating any further modification of the scale is not made out as long as such modification is not expressly made with a view to removing any anomaly.

J. The issue of Vertical & Horizontal relativities:

26. Another important aspect to be kept in mind while examining a proposal involving revision of pay scale pertains to the vertical and horizontal repercussions it might have. On the face of it, a proposal to further improve the pay scale of the post of Packer in Medical College, Rohtak (numbering 7 in all) from Rs. 750-940 to Rs. 950-1400 on the analogy of the pay scale of Rs. 950-1400 having been granted to the Packer of Public Relations Department and the Printing & Stationery Department might have appeared to be simple and insignificant. The case was not properly examined even in the Finance Department. No attempt was made to compare the qualifications and nature of duties. The Administrative Department did not look at the disturbance of vertical and lateral relativities while recommending the proposal to the Finance Department. The proposal of the Administrative Department was approved and the pay scale of this post was modified from Rs. 750-940 to Rs. 950-1400.

27. What happened thereafter is a lesson for all. The Packer was one of the numerous Class IV category posts in the Medical College without any specified duties. Perhaps, a different designation was thought of to justify creation of more posts in these categories. Prescribed qualifications for the Packer were simple Middle Pass. The post of Operation Theatre Attendants (OTAS) numbering 121 in all, filled-up both directly as well as by way of promotion from among the Class IV including the Packer had a prescribed pay scale of Rs. 850-1100. The moment the pay scale of the post of Packer was revised to Rs. 950-1400, an anomaly was created as the pay scale of the feeder post (Packer) became higher than the pay scale of the Promotion post (OTA) . As a result, the pay scale of all the posts of OTAs had to be revised to Rs. 950-1400 (at least equal to that of the feeder post of Packer) . Now, there are a number of other categories of Attendants e.g. X-Ray attendants, who, on the analogy of their horizontal relativities with OTAS, are clamouring for revision of their pay scales as well. The problem appears to be interminable at this stage.

28. A critical examination of one wrong decision in a seemingly simple case shows that :-

(i) There was a complete failure in applying the 'principles of equivalence of posts' while further revising the pay scale of the post of Packer in Medical College, Rohtak on the analogy of grant of the pay Scale of Rs. 950-1400 in the Department of Public Relations and the Department of Printing & Stationery.

(ii) There was, again, failure in perceiving the vertical relativities qua the post of Packer, which resulted in revision of pay scale of the entire cadre of OTAs.

(iii) There was failure in assessing the horizontal relativities while further revising the pay scales of OTAs.

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29. The simple lesson to be drawn from the above true account of one case is that no proposal should be examined and considered in an isolated manner. It is extremely rare in the Government administrative structures that there are no vertical and lateral/horizontal repercussions. Such cases must be examined along with the terms & conditions of service in respect of feeder posts and promotion posts. Clearly accepted or implied horizontal relativities must be examined thoroughly before creating a host of actual anomalies in the process of removal of the alleged anomalies.

K. Grant of Pay-scales subject to the employer's capacity to pay:

30. One of the important determinants for grant/revision of pay scales to the employees is linked with the employer's capacity to pay. The State, as an employer, does not have unlimited resources to pay to its employees. As at present, about 58% of the State's total budget is being spent on the salary and pension bills of its employees. Another 20-25% accounts for establishment costs of various kinds leaving very small share for the public welfare schemes and infrastructure development. Pension liabilities in Haryana have grown at an alarming average annual rate of 44% during 1995-99 as per the report of the Eleventh Finance Commission. Debt service obligations have reached the level of State's borrowings. One would have to appreciate that this is not a fair allocation of the tax-payers' money. While high level of employee costs in a social sector department like Education is understandable, it cannot be justified in works departments or infrastructure-related departments.

32. It is, therefore, very important that the Departments keep these financial limitations in mind before considering or recommending any further revision of pay scales of its employees. An internal system of developing linkages between employees cost, and their output & productivity needs to be evolved by each and every department and the representations for further improvement of pay scales need to be examined against the backdrop of a criterion evolved following sound economic principles. Recommendations of the employees' representations by the Departments without detailed examination results in a peculiar situation where one arm of the Government recommends a case and the other arm turns it down. This also results in weakening the Government stand before the Courts. T s, therefore, imperative that any recommendations in these matters are based on an in-depth examination of the case with full justification in the light of discussions in the foregoing paragraphs.

33. These guidelines partially explain some of the important issues connected with the complex subject of Pay Revision, Anomalies and Pay Scales. It is hoped that these guidelines assist the employees in general in acquiring proper understanding of various issues so that they do not make mis-informed representations. These guidelines are also addressed to the senior officers, more specifically the Heads of Departments and the Administrative Secretaries in the hope that the cases involving further modifications of pay scales or those seeking removal of the so-called anomalies are examined in proper perspective in order to take sound decisions. These guidelines should also come handy in preparation of replies in court cases and in defending various cases before the courts in a proper manner. Yours faithfully, Sd/- (Y.S.Malik) Commissioner & Special Secretary, Finance for Commissioner & Secretary to Government, Haryana, Finance Department.

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A copy is forwarded to :-

1. The Chief Secretary to Government, Haryana (in General Services Branch) 2. The Member Secretary, Haryana Bureau of Public Enterprises. Sd/- (Balwant Singh) Under Secretary, Finance (PR) for Commissioner & Secretary to Government, Haryana, Finance Department. To 1. The Chief Secretary to Government, Haryana

(in General Services Branch). 2. The Member Secretary, Haryana Bureau of Public Enterprises. U.O. No. 8/6/2001-5PR(FD) Dated, Chandigarh, the 20th April, 2001.

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Annexure ‗A‘

Standard Pay Scales as on 01.04.1979 and the Standard Revised Scales

Sr. No.

Category/Post Pay Scale as on 01.04.1979

Pay Scales as on 01.01.1986

Pay Scales as on 01.01.1996

A. Group 'D‘ 300-430 750-940 2550-3200

1. 300-430 (TS) ; 350-500 (SG)

2. 350-500 775-1025 2610-3540

3. 350-500 (TS) ; 400-600 (SG)

4. 400-600 800-1150 2650-4000

5. 400-660 950-1400 3050-4350

6. Groups ‗C‘ & ‗B‘ 400-660 950-1500 3050-4590

7. 400-660 (TS) ; 480-760 (SG)

8. Police Constable 950-1800 3050-5325

9. 400-660 (TS) ; 480-760 (SG) Tracer 975-1540 3200-4900

10. 450-700 (Head Gatekeeper) 1200-2040 4000-6000

11. 420-700

12. 420-700 (TS) ; 525-900 (SG)

13. 450-700

14. 480-760

15. 480-760 (TS),525-900 (SG)

16. 525-825 (ASIs in Police) 1320-2040 4400-6000

17. Health Technicians 1350-2200 4500-7000

18. Draftsman Engineering 1400-2300

19. 525-900 1400-2600 5000-7850

20. 525-900 (TS) ; 600-1100 (SG)

21. 525-1050

22. 525-1050 (TS) ; 600-1100 (SG)

23. 525-1050 (TS) ; 700-1250 (SG)

24. 600-1100

25. 600-1100 (TS) ; 700-1250 (SG)

26. 700-1150 1600-2660 5450-8000

27. 750-1250

28. 750-1250 (TS) ; 750-1450 (SG) 1640-2900 5500-9000

29 700-1400

30. 700-1400 (TS) ; 800-1600 (SG)

31. 750-1450

32. 750-1450 (TS) ; 800-1600 (SG)

33. 800-1600 2000-3200 6500-9900

34. 800-1600 (TS) ; 900-1700 (SG)

35. 800-1600 (TS) ;1200-1700 (SG)

36. 800-1600 (TS) ; 1000-1800 (SG)

37. 900-1700 2000-3500 6500-10500

38. 900-1700 (TS) ; 1000-1800 (SG)

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Sr. No.

Category/

Posts

Pay Scale as on 01.04.1979 Pay Scales as on 01.01.1986

Pay Scales as on 01.01.1996

39. 900-1800 2000-3500 6500-10500

40. 900-1700 (TS) ; 1200-1850 (SG)

41. 940-1850

42. 1000-1500

43. 1000-1500 (TS) ; 1600 (Fixed) (SG)

44. 1000-1800

45. 1000-1800 (TS) ; 1200-1860 (SG)

46. 1200-1600

47. 1200-1700

48. 1200-1860

49. 940-2000

50. Group 'A' 900-1700 2000-3500 6500-10500

51. 900-1800

52. 940-1850

53. 980-1850

54. Research Officer in ESO (Later) 2375-3600 7450-11500

2500-4000(New) 7500-12000

55. 980-1850 2200-4000 8000-13500

56. 1000-1800

57. 1200-1700

58. 1200-1860

59. 1250-2000 3000-4500 10000-13900

60. 1400-1860

61. 1400-2000

62. 1400-2100

63. 1700-2150 3000-5000 10000-15200

64. 1760-2300

65. 2000-2300

66. 2000-2400 3700-5000 12000-16500

67. 2000-2500

68. 2100-2500

69. 2150-2500

70. 2250-2500 4100-5300 13500-17250

71. 2250-2600

72. 2250-2750

IPS Selection Grade 4500-5700 14300-18300

IAS Selection Grade 4800-5700 15100-18300

5100-6150 16400-20000

5100-6700 16400-20900

73. 2500-2750 5900-6700 18400-22400

74. 2500-3000

2500-2750 + 250 SP 7300-7600 22400-24500

Total Pay Scales

70 (Excluding the scales for AIS) 29 28

***************

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GOVERNMENT OF HARYANA FINANCE DEPARTMENT

No. 5/27/98-1FR-II To All Heads of Departments, All Commissioners of Divisions, All Deputy Commissioner & SDO (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 23rd April, 2001 Subject : Air travel by no higher than economy Class – Instructions regarding. Sir, I am directed to invite your attention to the subject cited above. In view of the need to exercise economy, the Government has decided that all journeys by air (domestic as well as international) will be performed by no higher than Economy Class by all concerned entitled to travel by air. 2. The above instruction may please be brought to the notice of all concerned for strict compliance. Yours faithfully, Sd/- (Ram Saran) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 5/27/98-1FR-II Dated, Chandigarh, the 23rd April, 2001 A copy is forwarded for information and necessary action to the :-

1. Accountant General (A&E), Haryana, Chandigarh.

2. All Treasury Officers/Assistant Treasury Officers in Haryana. Sd/- (Ram Saran) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 5/27/98-1FR-II Dated, Chandigarh, the 23rd April, 2001. A copy is forwarded for information and necessary action to the :-

1. Advocate General, Haryana, Chandigarh.

2. Legal Remembrancer, Haryana, Chandigarh.

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3. Secretary, Haryana Vidhan Sabha, Chandigarh.

4. The Chairman/Chief Executive Officer/Managing Director of all Corporations/Boards in Haryana.

5. Member Secretary, HBPE. Sd/- (Ram Saran) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners, Haryana and All Administrative Secretaries to Govt. Haryana for information and necessary action. Sd/- (Ram Saran) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To 1. All the Financial Commissioners, Haryana. 2. All Administrative Secretary to Govt., Haryana. U.O. No. 5/27/98-1FR-II Dated, Chandigarh, the, 23rd April, 2001. A copy each is forwarded to the Principal Secretary/Additional Principal Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/state Ministers/Chief Parliamentary Secretary for the information of Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary Haryana. Sd/- (Ram Saran) Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secy./Additional Principal Secretary/OSD/Senior Secretaries/

Secretaries/Private Secys. to the Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secy. Haryana.

U.O. No. 5/27/98-1FR-II Dated, Chandigarh, the, 23rd April, 2001.

nicfin/budget/travel

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These instructions have been clarified further vide No. 6/85/03-3PR(FD), Dated 22.09.2004 & No. 6/39/04-4PR(FD) Dt. 09.12.2005.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 6/53/2001-5PR(FD)

To All Heads of Departments, Commissioners of Divisions, Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 10th May, 2001 Subject : Court cases pertaining to Pay Revision/Pay Scale matters of the

employees - regarding filing of replies in Courts and vetting of draft written statement/replies.

I may invite your kind attention to the following instructions issued by the Government of Haryana in connection with the subject cited above :- (1) Letter No. 1/34/93-4PR(FD), dated 8.2.94 issued by the FD

(2) Letter No. 10/108/94-4PR(FD), dated 29.12.95 issued by the FD

(3) Letter No. 1/34/93-4PR(FD), dated 1.4.1998 issued by the FD

(4) Letter No. 2/40/98-5PR(FD), dated 6.10.98 issued by the FD

(5) Letter No. 66/12/2000-6GS-I, dated 12.01.2001 issued by the Chief Secretary, Haryana.

2. It has been observed that certain departments have not been following the instructions referred to above and the cases are not being properly defended before the Courts resulting in heavy financial implications for the Government You are, therefore, requested to ensure strict compliance of the instructions referred to above in matters pending consideration before various courts.

3. The Departments are required to consult the Finance Department for filing replies/written statements in the Courts well in time under the instructions referred to above. The process of consultation with the Finance Department is limited to the extent that wherever the departments do not understand the rationale and the logic for grant of certain pay scale or provision of a rule in connection therewith, the Finance Department is in a position to assist the departments in putting across the Government view point in the written statements in a proper manner. As a matter of fact, the Finance Department has issued three circular letters in the recent past in this connection. These circular letters are as under:

(i) No. 6/1/2001-1PR(FD) dated 24.01.2001

(ii) No. 5/4/2001-5PR(FD) dated 2.03.2001

(iii) No. 8/6/2001-5PR(FD) dated 20.04.2001 4. A close reading of these three circulars should be of immense help in preparation of written statements/replies. However, in case the issues are still not dear, the departments are

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advised to consult the Finance Department in the matter. In any case, the written statements/draft replies connected with the subject of pay revision and pay scales should be got vetted from the Finance Department.

5. It has been observed that draft written statement are prepared by the departments and sent to the Finance Department for vetting m a routine manner. A perusal of a number of such draft written statements received in the Finance Department leads one to understand that the same have not been read by the senior officers. It is, therefore, of critical importance that such drafts, before being sent to FD for vetting are thoroughly scrutinised at the level of senior officers of Administrative Department.

6. Further, it may be appreciated that Finance Department is not equipped with adequate staff to keep re-writing these written statements. Under these circumstances, the HODs, ADs are requested to adopt the following procedure :-

(i) The written statement/draft reply should be neatly typed in double space It would

be useful if these written statements are typed in MS Word and a floppy is sent along with the hard copy so that changes/alterations can be made without any inconvenience.

(ii) The written statements/draft replies should be sent to the FD giving adequate

time for FD's views thereon. It should not be submitted when the last date for submission of written statement in the Court is approaching near.

(iii) After the draft written statement/draft reply is sent to the FD for vetting, an officer

conversant with the case should be deputed to discuss the matter at personal level with DA/FD or USF(PR) and or JSF/CSSF. This exercise of discussion at personal level would obviate the need for making back reference.

(iv) Once the written statements/draft replies are cleared by the FD and filed in the

courts, an officer conversant with the case should be deputed to get in touch with the law officers of the office or Advocate General, Haryana at least 2/3 days before the date listed for hearing of the case and fix up time for detailed briefing of the Law Officer concerned. The Law Officer of the Advocate General Office must be briefed the previous day so that he is fully prepared for arguments at the time of hearing of the case.

The contents of this letter may be brought to the kind notice of all concerned under strict compliance. Sd/- (Y. S. Malik) Commissioner & Special Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to :- All the Financial Commissioner & Secretaries to Government, Haryana, and

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All the Commissioners & Secretaries to Government, Haryana for information & necessary action. Sd/- (Balwant Singh) Under Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To (1) All the Financial Commissioner & Secretaries to Government,

Haryana, and (2) All the Commissioners & Secretaries to Government, Haryana for

information & necessary action. U.O. No. 6/53/2001-5PR(FD) Dated, Chandigarh, the 10th May, 2001.

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No. 4/2/98-1FR-II/673 From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments, Commissioners, Ambala, Gurgaon, Rohtak & Hisar Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Dated, Chandigarh, the 31st May, 2001

Subject : Grant of Dearness Allowance to Haryana Government Employees on revised and un-revised scale of Pay.

Sir,

I am directed to refer to this Department circular letter No. 4/2/98-1FR 11/1804, dated 22.12.2000 on the subject noted above and to say that the Governor of Haryana is pleased to decide that Dearness Allowance payable to Haryana Govt. employees shall be enhanced from the existing rates of 41% to 43% of the pay w.e.f. 1st January, 2001.

2. Those employees who opt to retain the pre-revised scales of pay or drawing pay in the unrevised scale after 1.1.96, the rates of DA in their case from 1st January, 2001 will be the same i.e. 43% as are applicable to the employees who are drawing the revised pay scales. However, while calculating the Dearness Allowance @ 43% in such cases, the following components will be taken into account :-

1. Basic Pay

2. Dearness Allowance applicable on 1.1.96, i.e. 148%, 111% and 96% as the case may be.

3. Interim relief-I

4. Interim Relief-II

4. The arrears on account of enhancement in Dearness Allowance from 1st January, 2001 to 31st May, 2001 in respect of all Govt. employees shall be credited to their General Provident Fund Account. However, it will be paid in cash from 1st June, 2001 i.e. for the month of June, 2001 paid in July, 2001.

5. The other provisions regarding payment of dearness allowance contained in FD's letter No. 4/2/98-1FR-II/623, dated 30.4.99 shall continue to be applicable while regulating Dearness Allowance under these orders. Yours faithfully, Sd/- (RAM SARAN) Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATIONS)

Notification

Dated, Chandigarh, the 5th June, 2001

No. 6/1(1)/2000-1FR-I.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume-I, Part-I, in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Civil Services Vol. - I, Part - I (Haryana First Amendment) Rules, 2001.

2. In the Punjab Civil Services Rules, Volume-I Part-I, for rules 3.6 and 3.7 the following rules shall be substituted but rule 3.6 shall be deemed to have been substituted with effect from the 22nd September, 1999, namely :-

―3.6(a) Notwithstanding anything contrary contained in the respective service rules, no person whose age exceeds 40 (Forty) years may ordinarily be admitted into pensionable service under the Government.

(b) The age limit of 40 (Forty) years shall be extended by five years in the case of Scheduled Castes/Scheduled Tribes and Backward Classes for appointment to Gazetted as well as non-Gazetted services or posts.

Note 1.— The restriction as to age will not apply in the case of recruitment of ex-soldiers, military pensioners and reservists to class IV posts.

Note 2.— The age limit prescribed for appointment to any service or post shall be relaxed in favour of ex-serviceman who has rendered military service to the extent of his military service added by three years provided he had rendered continuous military service for a period of not less than six months before his release and he had been released otherwise than by way of dismissal or discharge on account of misconduct or inefficiency.

3.7 The limit in rule 3.6 in the following cases shall be;

(a) Forty years in the case of a person appointed to be a subordinate Judge; provided that Barristers, Vakils and Pleaders who are actually practising in the High Court or Courts subordinate thereto, will be allowed to subtract from their age one year for each year of practice upto maximum of 3 years.

Note.— The maximum age limit in this clause may, in special circumstances, be relaxed by the Hon‘ble Judges at the time of appointment by not more than one year.

(b) fifty years in the case of Senior Town Planner;

(c) forty-five years in the case of Regional Town Planner;

(d) forty years in the case of Divisional Town Planner;

Note.— The question of relaxing the age limit for entry into Government service laid down in rules 3.6 and 3.7 shall be considered at the time of first appointment to a post whether such appointment is of an officiating, temporary or permanent nature‖.

A.N. MATHUR

Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 4/7/99-4FR-II/849 From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 11th June, 2001

Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana Government on revised and unrevised pension/family pension.

Sir/Madam, I am directed to invite a reference to letter No. 4/7/99-4FR-II/1950, dated 7th February, 2001, on the subject noted above and to say that the Governor of Haryana is pleased to decide that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to compensate them for the rise in the cost of living beyond the average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and revised pension/family pension with effect from 1st January, 2001 to modified as below :-

Rates of Dearness Relief on unrevised pension/family pension

Date from which payable

Pension/Family Pension Per month

Rate of dearness relief per month

1.1.2001 (i) Not exceeding Rs. 1750/- 257% of the Pension/Family Pension.

(ii) Exceeding Rs. 1750/- but not exceeding Rs. 3000/.

192% of the Pension/Family Pension subject to a minimum of Rs. 4498/-.

(iii) Exceeding Rs. 3000/- 167% of the Pension subject to a minimum of Rs. 5760/-

Rate of Dearness Relief on revised Pension/Family Pension.

Date on which payable Rate of Dearness relief per month

1.1.2001 43% of Pension/Family Pension

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

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3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned. 5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 43% of pension family pension w.e.f. 1st January, 2001. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner alongwith dearness relief orders. It will now be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 7. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (Ram Saran) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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These instructions have become obsolete.

MOST IMMEDIATE/DATE BOUND No. 28/26/98-6B&C From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To All Heads of Departments in Haryana State, (Except shown in the list) Registrar, Punjab and Haryana High Court, All Commissioners of Divisions and All Deputy Commissioner in the State

Dated, Chandigarh, the 15th June, 2001

Subject : Reg. allotment of unique Code Nos. to State Govt. Employees.

Sir, I am directed to invite you attention to the Finance Department letter No. 28/26/98-6B&C, dated 17-5-2000 and subsequent reminders of even No. dated 12th July, 2K and 7th August, 2000 on the subject noted above and to say that information regarding Allotment of Unique Code Nos. to the employees of your department as required vide letter under reference is still awaited whereas action in this regard was to be completed within a month.

The Accountant General, Haryana has again brought to the notice of Finance Department that most of departments have not allotted the desired codes to their employees so far. It is, therefore, again requested that the required unique codes as per procedure and alpha codes allotted by this department to you be allotted at the earliest but no later than 30th June, 2001 under intimation to Accountant General, (A&E), Haryana and also Finance Department (in B&C Br.). Yours faithfully, Sd/- Supdt. Budget and Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all Financial Commissioners and Administrative Secretaries to Govt. Haryana for information and necessary action. They are requested that the departments under their control may be directed to allot the proposed unique codes to all employees within the stipulated date. Sd/- Supdt. Budget and Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Financial Commissioners and all the Administrative Secretaries to Govt., Haryana.

U.O. No. 28/26/2000-6B&C Dated 15th June, 2001

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No. 28/26/2000-6B&C Dated 15th June, 2001

A copy is forwarded to Deputy Accountant General (Accounts), Haryana w.r.t. his letter No. TM/2001-02/VLC/145, dated 25-5-2001 for information.

Sd/- Supdt. Budget and Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

Sr. No. List of Depts. Information received

1. Dairy Development

2. Commissioner, Ambala

3. Vigilance Bureau

4. L.R.

5. AGOT

6. Vidhan Sabha

7. Sports

8. Commissioner, Rohtak

9. Tourism

10. Prosecution

11. Civil Aviation

12. Institutional Finance & Credit Control

13. Local Audit

14. Local Bodies

15. Supplies & Disposals

16. Animal Husbandry

17. Commissioner Gurgaon

18. Environment

19. Archaeology

20. Archives

21. Mines & Geology

22. H.P.S.C.

23. Consolidation

24. ESA

25. Advocate General, Haryana

26. Fisheries

27. Lotteries

28. Land Record

29. Non Conventional Energy Source

30. D.C. Faridabad

31. Wild Life

32. Urban Estate

33. Architecture

34. D.C. Kurukshetra

35. Jails.

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No. 28/35/2000-6B&C From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana State, Registrar, Punjab and Haryana High Court, All Commissioners of Divisions, All Deputy Commissioner in the State. Dated, Chandigarh, the 18th June, 2001 Subject : Computerised enumeration of State Govt. employees. Sir, I am directed to invite your attention to Finance Department letter No. 28/35/2000-6B&C, dated 18th August, 2000 on the subject noted above and to say that vide this letter it was requested that all the DDOs of your department be directed to ensure that the pay bills from the month of August, 2000 onwards are complete in all respects as per details given therein, before presentation to the treasuries. Now Accountant General (A&E), Haryana has again brought to the notice of the Finance Department that the desired details are not furnished in a large number of vouchers from the Treasuries/DDOs. To accord High priority to the time bound programme mentioned in the subject and to ensure complete accuracy thereof, it is re-iterated that :- A. The bills prepared by the DDOs for presentation at the treasuries may be completed in all respects and classified separately under plan and non-plan containing the following details :- (i) Names, designations, group, pay scales, basic pay, gross pay, net pay,

income tax, GPF deduction and classification of posts under technical and non technical categories alongwith absentee statement indicating the number of employees for whom pay was not drawn, their designation, group, scale of pay and basic pay, net pay, income tax and GPF deductions.

(ii) Description of posts as well as sanctioned number of posts. Intention behind

recording this information is to have a distinct idea of group-wise number of employees in each department through an abstract to be prepared indicating department-wise numbers of employees in each group as per classification of posts by the State Govt. It may also be ensured that General Provident Fund Account Number of all the employees is indicated in the pay bills. The DDOs are thus required to mention group (A, B, C & D) against each establishment; and

(iii) Vouchers of pay and allowance pertaining to group-D officials as well as police

constable should be accompanied with full details of employees from the record available with the DDOs. It would be appreciable if computerised printout for preparation of bills is used by all the departments.

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B. All the accounts may be rendered by the accounts rendering units i.e. Treasuries, PWD and Forest Department to A.G. Office on due dates as any delay will disturb the time schedule for commencement of work. It is, therefore, requested that all the DDOs of your department be directed accordingly to ensure that the bills for pay and allowances henceforth are completed in all respects as per details given above, before presentation at the treasuries and the accounts rendering units be directed to ensure timely rendition of accounts to the office of AG (A&E), Haryana. Yours faithfully, Sd/- Under Secretary, Finance (Budget) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 28/35/2000-6B&C Dated 18th June, 2001 A copy is forwarded to the A.G. (A&E), Haryana, Chandigarh w.r.t. her D.O. letter No. TMC (C)Comp/Enum/2000-01/138-40 dated 22.05.2001 for information. Sd/- Under Secretary, Finance (Budget) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 28/35/2000-6B&C Dated 18th June, 2001 A copy is forwarded to the Director, T&A, Haryana with the request that all the Treasury Officers in the State may be instructed to ensure that the pay bills presented at the Treasuries/Sub-Treasuries are passed only when they are complete in all respects containing complete information detailed above. Sd/- Under Secretary, Finance (Budget) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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(Copy of letter No. 16/40/2000-4WM dt. 20th June, 2001)

Subject : Grant of Computer Advance to Government employees. I am directed to invite a reference to the Finance Department letter No. 16/40/2k-4WM, dated 02.11.2000 on the subject noted above vide which Government employees drawing pay of Rs. 8000/- p.m. and above (including SP & NPA) are entitled to an advance admissible upto Rs. 60,000/- for the purchase of personal computer, recoverable in not more the 100 equal monthly instalments and to say that in certain cases the advance was found mis-utilised. It has, therefore, been decided by the State Government that the concerned Heads of the Departments/DDOs will, henceforth, obtain receipt/cash memo and comprehensive insurance certificate of the computer purchased by the loanee within a period of two months from the date of drawal of advance and submit a report to this effect to the Finance Department (Ways & Means Branch). In case of misuse of advance, a penal interest @ 10% over and above the normal rate of interest will be charged from the date of drawal till the principal amount is recovered and such defaulting employees shall also be debarred from all kind of Government loans for future. 2. If the loan is utilised beyond the period of two months, a penal interest @ 10% PA over and above the normal rate of interest will also be charged from the date of drawal of loan from Treasury to the date of its utilisation. 3. These instructions will come into force with immediate effect and will be applicable to those cases also which have not been decided upto the date of issue of these instructions. 4. These instructions may be brought to the notice of all the officers/officials working in your department for strict compliance.

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These instructions have become obsolete.

No. 2/1/2/90-3FR-II From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 21st June, 2001 Subject : Disbursement of Pay and Allowances/Pension for the month of June, 2001. Sir, I am directed to say that in view of the Gazetted holidays falling on the 30th June, 2001 and 1st July, 2001 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the June, 2001 for all Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of June, 2001 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries may be drawn and disbursed on the 29th June, 2001. Yours faithfully, Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 21st June, 2001 A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 2/1/2/90-3FR-II Dated, Chandigarh, the 21st June, 2001 A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 21st June, 2001 A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the Chief Minister/Ministers of State for the information of the Chief Minister/Ministers of State, Haryana.

Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secretary/Secretaries/Private Secretaries to the

Chief Minister/Ministers/Ministers of State Haryana. U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 21st June, 2001.

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These instructions have been Revised vide No. 4/9/2009-5FR/1858, Dated 13.01.2010.

No. 13/2(37)2000-5FR-I From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 22nd June, 2001

Subject : Calculation of monthly contribution towards cost of pension and leave salary payable during foreign service.

Sir,

I am directed to invite a reference to the Haryana Government Finance Department letter No. 13/5/(8)/82-5FR-I, dated 31/12/1982 (copy enclosed) on the subject noted above and to say that Government have revised the pay scales of all the State Govt. employees w.e.f. 1-1-1996. The matter regarding calculation of Pension contribution payable in respect of the Govt. employees during active period of their foreign service has been engaging the attention of the Government since 1.1.96. The Governor of Haryana is please to decide that the pension contribution payable in respect of Government employees during the active period of their foreign service shall be based on the maximum of the pay as defined in Rule 2.44 (a) (i) of Punjab C.S.R. Vol.-I, Part-I of the revised pay scale of the post held by Government employees at the time of proceeding on foreign service or to which he may receive proforma promotion while on foreign service.

2. The rates of pension contributions shall continue to be calculated as provided in Annexure to this department's letter No. 13/5(8)/82-5FR-I, dated 31-12-1982. Similarly, the rates of leave salary will continue to be calculated as provided in Annexure 'B' with reference to note 1 under rule 10.10 of Punjab C.S.R. Vol. I, Part-I.

3. These orders will apply w.e.f. 1.1.1996. In respect of persons who are already on foreign service as on 1.1.1996, the rates of pension contribution and leave salary contribution will be calculated as per above formula with effect from the date they opt to come over to the revised pay scale in their parent cadres. For earlier periods the pension contribution and leave salary contribution will be as per existing orders i.e. the orders in force prior to 1.1.1996 from time-to-time.

Yours faithfully,

Sd/- Under Secretary Finance(R)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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Endst. No. 13/2(37)2000-5FR-I Dated 22.06.2001 A copy is forwarded for information & necessary action to the :- 1. Accountant General (A&E) Haryana, 100 spare copies. 2. All Treasury Officers/Assistant in Haryana. 3. The Treasury Officer, Tees Hazari, Delhi-6 4. The Director, Treasuries and Accounts, Haryana, Chandigarh.

Sd/- Under Secretary Finance (R)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy is forwarded to :- 1. All Financial Commissioners, Haryana. 2. All Administrative Secretaries to Govt., Haryana, for information.

Sd/- Under Secretary Finance (R)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To (i) All Financial Commissioners, Haryana. (ii) All Administrative Secretaries to Govt., Haryana. U.O. No. 13/2(37)2000-5FR-I Dated 22.06.2001 A copy each is forwarded to the Principal Secretary/Additional Principal Secretary/ OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Minister/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary.

Sd/- Under Secretary Finance (R)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

The Principal Secretary/Additional Principal Secretaries/OSD/ Senior Secretaries/Private Secretaries to the Chief Minister/ Ministers/Chief Parliamentary Secretary.

U.O. No. 13/2(37)2000-5FR-I Dated 22.06.2001.

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No. 20/10/96/Acctt.II/HBPE (FD) From The Member Secretary, Haryana Bureau of Public Enterprises, Finance Department, New Sectt. Building, Sector-17, Chandigarh. To All the Financial Commissioners/Commissioner and Secretaries to the Government of Haryana, All the Head of Departments in the State, All the Managing Directors/Chief Administrators/ Chief Executive Officers of all the Boards/ Corporations/Co-op. Institutions. Dated, Chandigarh, the 26th June, 2001 Subject : Regarding grant of special pay to the Class-IV employees of State Public

Enterprises/Institutions. Sir, I am directed to invite your attention towards instructions issued by the Finance Department vide letter No. 14/488 (a)90/PE (FD)AIII, dated 15/18.2.1991 vide which the question of grant of special pay and its quantum to the employees of Public Undertakings was examined and decided that only the post of PA./Steno-typist/Drivers (for car and jeep only) were allowed special pay with effect from 1.3.1991 onwards. No other post of any category was allowed special pay in the Public Undertakings after 1-3-1991 and the incumbents who were drawing the special pay as on 18.2.91 were allowed to draw special pay as a personal measures to the persons concerned and in future recruitment's/promotions special pay was discontinued. 2. Instances have, however, come to the notice of Finance Department, that some of the Public Undertakings have allowed special pay of Rs. 30/- to class-IV employees of their Undertakings on the pattern of Haryana Civil Secretariat even after the issuance of policy instructions dated 15/18-2-1991 referred to above and this action is a serious irregularity on the part of these Undertakings. 3. In view of above you are requested to stop the practice of special pay to class-IV employees in your organization, if the same has been allowed after issuance of policy instructions dated 15/18-2-1991. It may also be ensured that no category of employees except P.A./Steno-typist and Drivers are allowed special pay without specific approval from the Finance Department. Yours faithfully, Sd/- Personnel Advisor, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

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These instructions have become obsolete.

No. 1/2(8)/98-2FR-II From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana,

All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana,

The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 3rd July, 2001

Subject : Implementation of Government's decision on Pension and Family Pension related matters - Revision of Pension of pre-1986 and pre-1996 Pensioners/Family Pensioners.

Sir,

I am directed to refer to this Department Notifications No. 1/2(8)/98-2FR-II (part-IV) dated 13.01.2000 and 1/2(8)/98-2FR-II(Part-V) dated 18.01.2000 on the subject noted above vide which pension of pre-1986 and pre-996 Pensioners/Family Pensioners was revised and each pensioner/family pensioner who is entitled for the benefit of revision of pension/family pension in terms of above orders was required to apply for revision of the same in prescribed form (in duplicate) alongwith photocopy of P. P. O. to his/her Head of Office/Department within a period of 180 days (i.e. upto 13.7.2000 & 18.7.2000 respectively) from the date of issue of above orders. Even then some pensioners/family pensioners could not apply according to the above mentioned instructions and requested for further extension. Government after considering their request further revised the dates i.e. upto 12.1.2001 and 17.1.2001 respectively.

2. It has now been brought to the notice of Govt. by various organisations of pensioners individual pensioners/family pensioners through representations that many pensioners/family pensioners still could not apply for revision of their pension/family pension within stipulated period i.e. upto 12.1.2001 and 17.1.2001 respectively. The Government after considering the matter sympathetically has now decided to extend the period further upto 30.9.2001. It has also been decided that no further extension under any circumstances will be given and those who fail to submit their applications during the above stipulated period will be deemed to have opted to continue to draw their existing pension/family pension.

Further, it is also directed to take necessary action for revision of pension/family pension within stipulated period. If any delay occurs on the part of any officers/officials of the concerned Department, stern action may be taken against the delinquent and no case for relaxation be referred to FD. Yours faithfully,

Sd/- (RAM SARAN) Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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MOST IMMEDIATE No. 11/6/91-4FD-III/2001 From Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 10th July, 2001

Subject : Amendment in Condemnation and Disposal Rules and procedure for store items and vehicles — Special campaign for disposal.

Sir, I am directed to address you on the subject noted above and to state that after careful consideration the Finance Department in supersession of F.D.'s letter No. (1) 11/6/91-4FD-III/226, dated 13.2.91, (2) No. 11/6/91-4FD-III/92(2324)94, dated 21.9.94 and (3) No. 11/6/ 91-4FD-III/78 (99), dated 31.3.99, has now laid down the following procedure regarding disposal of condemned Vehicles/Store items :-

(i) All condemned stores which are to be sold on ferrous and non-ferrous scrap of Govt./Govt. Undertakings will be condemned and disposed off by the Director, Supplies and Disposal, Haryana and Deputy Commissioner of the concerned district. The reserve price will be fixed by the Condemnation Board of the Distt. for scrap/stores yet to be condemned, the Condemnation Board will carry out the condemnation simultaneously fixing the reserve price. This condemnation Board will be the same as for Govt. Vehicles at district level.

(ii) Other stores whose book value is less than or equal to Rs. 50,000/- shall be got condemned/disposed off by the same Board as above through monthly auction or tenders, as may be decided by the Board.

(iii) Stores of which the book value exceeds Rs. 50,000/- other than vehicles and scrap, will be condemned and disposed off by the Office of Director, Supplies and Disposal in the manner being followed at present. The information regarding such items will be collected from the Heads of Departments by Director, Supplies and Disposal. Cases of disposal of Stores pending with Director Supplies & Disposals of Value less than Rs. 50,000/- will be referred to the Deputy Commissioners by Director, Supplies & Disposals.

(iv) The Auction Committee should be empowered to reduce the reserve price of the vehicles on the spot in the following manner :-

(a) the first instance to a maximum of 10% of the reserve price where the bid falls short of the reserve price fixed by the Condemnation Board.

(b) In the Second instance by another maximum of 10% of the reserve price if the bid falls short of the reserve price.

(c) If the vehicle still remains un-disposed the reserve price of the vehicle may be refixed by the Condemnation Board.

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(v) Full powers for administrative approval are delegated to Heads of Departments for stores and vehicles, yet to be condemned. For stores and vehicles already condemned but awaiting administrative approval, the same may be presumed to have been obtained unless Head of Department issues a specific refusal. Heads of Departments will make sure that administrative approval or refusal is granted latest in a month's time for stores and vehicles yet to be condemned in future failing which the Director, Supplies & Disposal shall be competent to dispose off such condemned stores and vehicles, at his own level.

(vi) After obtaining the administrative approval sanction of the Govt. in the

Industries Department for calling tenders of the stores need not be obtained either by Director, Supplies and Disposals or the Condemnation Board as the case may be.

(vii) Director, Supplies and Disposals/Deputy Commissioner, General Managers,

Haryana Roadways will decide the date for condemnation/disposal of the stores/vehicles as and when need be instead of the present practice of condemnation/disposal after every three months.

(viii) Director, Supplies and Disposals, will hold meetings with some of the Heads

of the departments where vehicles are awaiting disposal in large numbers for want of administrative approval and impress upon them the urgent need to dispose them off and in case any Head of Department/Corporation/Board expresses his inability to do so, the matter will be brought to the notice of the Financial Commissioner, Finance and Commissioner & Secretary to Govt. Haryana, Industries Department for taking action in the matter.

2. Contents of these instructions be brought to the notice of all concerned officials/ officers for strict and immediate compliance. Yours faithfully, Sd/- Under Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 11/6/91/4FD-III/2001 Dated 10.7.2001 A copy is forwarded to the Accountant General (Accounts/Audit) Haryana, Chandigarh for information. Sd/- Under Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners and Administrative Secretaries to Govt., Haryana for information and necessary action. Sd/- Under Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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To

All the Financial Commissioners and Administrative Secretaries to Govt., Haryana.

U.O. No. 11/6/91-4FD-III/2001 Dated : 10.7.2001 No. 11/6/91-4FD-III/2001 Dated : 10.7.2001 A copy is forwarded to the :- (i) All G.Ms., Haryana Roadways. (ii) Managing Director, Haryana Concast Ltd.;

for information and necessary action. Sd/- Under Secretary Finance for Financial Commissioner & Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all Branch Officers/Superintendents of Finance Department for information and necessary action. Sd/- Under Secretary Finance for Financial Commissioner & Secy. to Govt., Haryana, Finance Department. To All the Branch Officers/Superintendents of

Finance Department. U.O. No. 11/6/91-4FD-III/2001 Dated : 10.7.2001.

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No. 2/32/2001-3PR(FD) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, The Registrar, Punjab and Haryana High Court, Dated, Chandigarh, 16th July, 2001 Subject : Grant of First/Second ACP- instructions regarding. Sir, I am directed to say that with the revision of pay scales w.e.f. 1.1.96, the State Government has introduced Haryana Civil Service (Assured Career Progression) Rules, 1998 by virtue of which 1st or 2nd ACP scale is to be granted on completion of 10 or 20 years regular satisfactory service, as the case may be, as provided in Rule 5 of said Rules. Some departments have raised a question as to whether or not the period of Extra-ordinary Leave, if any, is to be excluded while computing 10 or 20 years of regular satisfactory service. In this context it is clarified that Extra-ordinary Leave (other than on Medical Certificate) neither counts for increments under Rule 4.9 (b) (ii) of CSR, Vol. - I, Part-I nor for pension under Rule 4.7 of CSR Vol. II. Therefore, it is clarified that the Extra-ordinary Leave taken (other than on Medical Certificate) shall not be reckoned while computing 10/20 years of regular satisfactory service. Yours faithfully, Sd/- Under Secretary, Finance (PR) for Commissioner & Secretary to Government, Haryana, Finance Department. Endst. No. 2/32/2001-3PR(FD) Dated, Chandigarh, the 16th July, 2001 A copy is forwarded to the Accountant General, Haryana, (i) (A&E) (ii) (Audit), Chandigarh for information. Sd/- Under Secretary, Finance (PR) for Commissioner & Secretary to Government, Haryana, Finance Department. A copy is forwarded to :-

1. All the Financial Commissioners in Haryana and

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2. All the Commissioners & Administrative Secretaries to Government, Haryana, for information.

Sd/- Under Secretary, Finance (PR) for Commissioner & Secretary to Government, Haryana, Finance Department. To 1. All the Financial Commissioners in Haryana and 2. All the Commissioners & Administrative Secretaries to Government, Haryana, for

information. U.O. No. 2/32/2001-3PR(FD) Dated, Chandigarh, the 16th July, 2001 A copy is forwarded to the Principal Secretaries to the Chief Minister, Senior Secretaries/Secretaries/Private Secretaries to the Ministers/Ministers of State/Chief Parliamentary Secretary/Parliamentary Secretary for the information of Chief Minister, Ministers, Ministers of State and Chief Parliamentary Secretary, Haryana. Sd/- Under Secretary, Finance (PR) for Commissioner & Secretary to Government, Haryana, Finance Department. To

The Principal Secretaries/Private Secretaries to the Chief Minister/Officers on Special Duty/Ministers/ Ministers of State/Chief Parliamentary Secretary/ Parliamentary Secretary for the information of Chief Minister, Ministers of State and Chief Parliamentary Secretary, Haryana.

U.O. No. 2/32/2001-3PR(FD) Dated, Chandigarh, the 16th July, 2001.

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HARYANA GOVERNMENT

FINANCE DEPARTMENT

Notification

The 18th July, 2001

Aims and Objects : No. 1/19/98-4PR(FD) .─ The Government of Haryana had revised the pay scales of its employees vide Haryana Government Gazette Notification (Extraordinary) dated 7th January, 1998 under Haryana Civil Services (Revised Pay) Rules, 1998 in exercise of powers conferred by the proviso to Article 309 of the Constitution of India. The pay scales of different categories of employees have been mentioned under Part –I and Part-II of the First Schedule of the said notification. The pay scales of various categories of teaching staff on the School side in the Education Department have been provided under Sr. No. 6 of Part-I of the First Schedule. It has been observed that the pay scales for the posts of Head Teachers of Primary Schools, Head Masters of the Middle Schools, Lecturers in Senior Secondary Schools and Head Masters of High Schools do not find a mention along with other categories of teachers. As a result, the revised pay scales of these categories of teachers. As a result the revised pay scales of these categories were applicable as contained ill Part-Il of the First Schedule. The Government has, subsequently, further modified the pay scales of Head Teachers of the Primary Schools, Lecturers in Senior Secondary Schools and Head Masters of the High Schools vide its letters dated 7th August, 1998 and 26th September, 2000 respectively. It has been observed that the pay scales of the post of Head Master/Middle School are Rs. 5500-9000 at present under Part-Il of the First Schedule. The provision of this pay scale for this post has resulted in hardship for the Head Masters of Middle Schools especially those who had been promoted as such before 1st January, 1996 keeping in view that those promoted as Head Masters/Middle Schools after 1st January, 1996 would be drawing their pay either in the first ACP of Rs. 6500-9900 or in the second ACP of Rs. 6500-10500 (with reference to the functional pay scale of the post of Masters i.e. 5500-9000) when read along with the Haryana Civil Services (Assured Career Progression) Rules, 1998. Though protection bas been provided under rule 10 of the ACP Rules to such Head Masters of Middle Schools who had been promoted as such prior to 1st January, 1996, yet keeping in view the representations of the Head Masters of Middle Schools, the recommendations of the Education Department, and the recommendations by the High Powered Officers Committee constituted for the purpose, the Government has decided to specifically provide for the functional pay scale of the post of Head Musters of Middle Schools. further, the pay scale of the post of Block Education Officers (BEOs) has been identical with that of the Head Masters/High Schools whereas a notification to this effect has not been issued while further modifying the pay scale of the post of Head Master/High Schools. Moreover, the higher pay scales mentioned against various posts under Sr. No. 6 of Part-I of the First Schedule, being in the nature of ACP Scales, should have been provided and mentioned under the HCS (ACP) Rules, 1998. This position also needs to be corrected. It has been felt that a consolidated amended notification needs to be issued in respect of the pay scales of various categories of teaching cadres on the School side of the Education Department with a view to introducing clarity and to avoid any confusion in this respect. Hence, this amendment.

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The Amendment :

Part 'A'

1. These rules may be called Haryana Civil Services Revised Pay (First Amendment) Rules, 2001. 2. In accordance with the provisions contained in Rule 14 read with Rule 16 of the Haryana Civil Services (Revised Pay) Rules, 1998, the entries under Sr. No. 6 (a) to (d) of Part-I of the First Schedule are and hereby substituted as under :-

Sr. No.

Post Existing Functional Scale

Revised Functional Pay Scale

Remarks

1 2 3 4 5

(a) J.B.T. Teacher 1200-2040 4500-7000 w.e.f. 1.1.96

(b) P.T.I. 1200-2040 4500-7000 w.e.f. 1.1.96

(c) Drawing Teacher 1200-2040 4500-7000 w.e.f. 1.1.96

(d) Head Teacher/ Primary School

1400-2600 5500-9000 w.e.f. 1.1.96

(e) Language Teachers 1400-2600 5500-9000 w.e.f. 1.1.96

(f) Master 1400-2600 5500-9000 w.e.f. 1.1.96

(g) Head Master/Middle School

1640-60-2600-EB-75-2900

6500-200-8500-EB-200-9900

w.e.f. 1.1.96

(h) Lecturer/Sr. Sec. School

2000-3500 (i) 6500-10500 (TS)

(ii) 7500-12000 (S. Grade for 20% of the Grade of lectures

w.e.f. 1.1.96 Introduced w.e.f. 1.8.2000

(i) Head master of High School/Block Education Officer

2000-3500 6500-10500

7500-12000

w.e.f. 1.1.96 further modified w.e.f. 1.8.2000

(j) Principal of Sr. Sec. School/SDEO/Dy. DEO

2200-4000 8000-13500 w.e.f. 1.1.96

Part 'B' 1. These rules may be called the Haryana Civil Services (Assured Career Progression) first Amendment Rules, 2001. 2. In accordance with the provisions contained in Rule 21 read with Rule 23 of the Haryana Civil Services (Assured Career Progression) Rules, 1998 notified vide Notification dated the 7th January, 1998, the Governor of Haryana further amends these rules as follows :- (i) Part-II under Schedule I from Sr. No. 1 to Sr. No. 15 will he read as "Section A". (ii) In the Haryana Civil Services (Assured Career Progression) Rules, 1998 notified

Vide Notification dated the 7th January, 1998, Part-II under Schedule I, after "Section A", another Section called as "Section B: ACP Scales for School Teaching Staff" is hereby inserted alongwith the following thereunder :

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Sr. No.

Functional pay Scale of the post as on 31-12-95 on which the Government servant was

directly recruited

Revised Functional Pay Scale of the post as on 1-1-96

First Assured Career

Progression Pay Scale

Second Assured Career

Progression Pay Scale

1 2 3 4 5

1. 1200-2040 4500-7000 5450-8000 5500-9000

2. 1400-2600 5500-9000 6500-9900 6500-10500

A.N. MATHUR, Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 1/19/98-4PR(FD) Dated, Chandigarh, the 18th July, 2001 A copy is forwarded to the Accountant General, Haryana (i) A&E (ii) (Audit) Chandigarh for information. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department Endst. No. 1/19/98-4PR(FD) Dated, Chandigarh, the 18th July, 2001 A copy is forwarded to the Director Secondary Education, Haryana for information and necessary action. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department Endst. No. 1/19/98-4PR(FD) Dated, Chandigarh, the 18th July, 2001

A copy is forwarded to the Registrar Punjab and Haryana High Court at Chandigarh for information.

Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 1/19/98-4PR(FD) Dated, Chandigarh, the 18th July, 2001

A copy is forwarded to :-

1. All the Financial Commissioners in Haryana. 2. All the Administrative Secretaries to Government, Haryana for information and necessary action. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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To 1. All the Financial Commissioners in Haryana. 2. All the Administrative Secretaries to Government Haryana. U.O. No. 1/19/98-4PR(FD) Dated, Chandigarh, the 18th July, 2001 A copy is forwarded to the Principal Secretary/Senior Secretaries/Secretaries and Private Secretaries to the Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary for the information of tile Chief Minister/Ministers/Ministers of State and the Chief Parliamentary Secretary. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secretary/Senior Secretaries/Secretaries and

Private Secretaries to the thief Minister/Ministers/Minister of State. U.O. No. 1/19/98-4PR(FD) Dated, Chandigarh, the 18th July, 2001.

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HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATIONS)

Notification

The 25th July, 2001

No. 6/1(1)97-1FR-I.— In exercise of the powers conferred by clause (2) of article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules Volume I, in its application to the State of Haryana, namely.

1. These rules may be called Punjab Civil Services, Volume I, Part I (Haryana Second Amendment) Rules, 2001.

2. They shall come into force on the date of their publication in the Official Gazette.

2. In the Punjab Civil Service Rules, Volume I, Part I, in rule 7.3, in sub rule (5), in Note 9 thereunder, the following paragraph shall be added at the end, namely :-

"However, where a Government employee is prosecuted for commission of defalcation of public funds and fabrication of records and said prosecution culminates into acquittal, he cannot be made entitled to reinstatement with grant of all consequential benefits alongwith back wages etc., as a matter of course, if the conduct alleged is the foundation for prosecution, though it may end in acquittal on appreciation of lack of sufficient evidence. In such a case, unless the selfsame conduct was subject of charge and on trial the acquittal was recorded on a positive finding that the accused did not commit the offence at all or the acquittal is not on a benefit of doubt given, it would be open to the competent authority to enquire into the misconduct and take appropriate action thereon. Even otherwise, the competent authority may, on reinstatement after following the principles of natural justice, pass appropriate order including treating suspension period as non-duty and when the suspension period pending trial of such an employee is so treated to be as non duty, he would not be entitled to the consequential benefits i.e. not entitled to be treated as on duty from the date of suspension till the date of the acquittal for the purpose of computation of pensionary benefits etc."

A.N. MATHUR Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

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No. 15/48/99-3B&C

From

The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All the Heads of Departments in Haryana State.

Dated, Chandigarh, the 30th July, 2001

Subject : Excess Over Voted Grants/Charged Appropriations.

Sir,

I am directed to invite your attention to the subject noted above and to say that recently PAC in its 49th Report has observed with concern that cases of expenditure over the grants/appropriations continue to occur despite the committee's observations time and again that the expenditure should be limited to the grants/ appropriations. The Committee has also viewed that departments are not following the appropriate procedure to avoid the excess at the close of financial year to get the excess regularised through the supplementary demands or reappropriating etc. despite clear instructions issued by the Finance Department.

The Finance Department views with great concern the recurrence of such irregularities year after year. With a view to eliminate such excesses and defaults, the various provisions in the Budget Manual, Financial Rules etc. and instructions issued by the Finance Department from time to time on the subject are hereby reiterated for strict compliance by all departments.

(1) Excess Expenditure over the Sanctioned Budget Grants

Under the Constitution of India no expenditure which is likely to involve excess over the authorised grants can be incurred in anticipation of approval of the legislature. Thus the expenditure of in excess of the provision is a constitutional irregularity. Under para 12.3 & 12.4 of the Punjab Budget Manual, the heads of departments are squarely responsible to ensure that the budget allotments do not exceed in any case. Para 12.5 further enunciates that this control is to be made effective from the level of the Drawing and Disbursing Officer in every department. While presenting bills to the treasuries the DDOs should ensure that the bill is well within the budget allotments. Where there is reason to anticipate any excess expenditure, he should approach the superior officers for additional funds for the purpose. Para 2.10(b) (1) & (2) and para 17.2 of the Punjab Financial Rules Vol. l further stipulates that public money cannot be spent without the sanction of the competent authority and without proper appropriation. The Heads of Departments (Para 12.4 of the Manual) are also responsible for taking necessary steps to prevent expenditure of a grant by (a) transfer from one Drawing Officer to another under their powers of appropriation (b) by exercise of their delegated powers of reappropriating (c) by application for extra grant under the prescribed rules as soon as the necessity for this course becomes definitely clear. Paras 12.9 to 12.12 and the Appendices G, H & J, lay down detailed procedural formalities to enable the Head of the Departments to maintain such control.

(2) Rushing of purchases at the end of year

There should be regular flow of expenditure throughout the year and incurring of expenditure in months of February and March should be avoided. This necessary as sanctions issued in the month of March cause administrative inconvenience and are also not desirable from a good financial management point of view. The departmental expenditure should not

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exceed 1/6th of the budget provision in each block of two months (e.g. April and May, June and July, August and September and so on) in case of plan schemes and 1/12th of the non plan budget provision every month.

(3) Reconciliation of Expenditure Accounts

The accounts of Controlling/Drawing and Disbursing Officers are required to be reconciled monthly with the accounts of Accountant General, Haryana. The Objective of the procedure is to ensure accuracy of departmental accounts which is necessary to make department's financial control really effective and to prevent misclassification of expenditure and other errors in their accounts. The provisions of chapter 12 PBM and other instructions in this respect should, therefore, be adhered to strictly and due importance given to the matter in future.

(4) Unremedied or uncovered excesses and non-surrender of savings

While emphasising the necessity of accurate budgeting a proper control over expenditure is necessary. The most objectionable aspect is the non surrender of savings or failure to make a suitable provision for meeting an excess expenditure. These irregularities can be easily avoided if the Controlling and Disbursing Officers keep a close and constant watch over the progress of expenditure against the sanctioned allotments properly. The Heads of Departments are ultimately responsible for keeping expenditure within the grant. They are further required to see that the surrenders or excess likely to occur over the sanctioned grants are duly indicated in the statement of Excesses and Surrenders furnished by them to the Finance Department.

(5) Defective Budgeting

The defective budgeting is also the major cause for lack of control over expenditure. The term Defective budgeting is rather wide and includes all types of budgeting irregularities which are not included in the preceding paragraphs. Among other these include :-

(i) Provision for the same item/type of expenditure under two or more budget heads made advertently or inadvertently;

(ii) Absence of provision of the item of expenditure which could have been anticipated;

(iii) Provision under wrong budget head;

(iv) Treating new item as ordinary items of expenditure;

(v) Supplementary grants obtained unnecessarily or in excess of the amount required for repayment to the Contingency Fund i. e. for recouping the expenditure incurred from the Contingency Fund in the previous year;

(vi) Over estimating and under estimating expenditure.

The irregularities mentioned in (i) to (v) above are usually due to lack of adequate knowledge of budgeting etc. The need for exercising utmost care in framing budget estimates is imperative with a view to avoid these irregularities.

(6) Inevitable Payments

Some Drawing and Disbursing Officers authorised payments on the plea that they are inevitable and could not be avoided. Such subsequent payments also result in excess expenditure over the grants. Para 17.17 of PFR Vol. I, of course, provides that the money indisputably payable by the Government shall not as far as possible be left unpaid and the payment made shall not be kept out of accounts a day longer than is absolutely necessary. Therefore, suitable provisions for anticipated liabilities should invariably be made in the Budget

102

(i) through re-appropriation within the grant (ii) making supplementary demands and (iii) by taking advance from the Contingency Fund. It is, therefore, not open to Drawing Officer to make or authorised payment in excess of the amounts provided in the Appropriation Act. If certain escapable payment for which no appropriation exists, have to be made urgently, an advance from the Contingency Fund should be taken before the expenditure is incurred.

In view of what has been stated above and having regard to the urgent need for control over expenditure, as envisaged by the financial rules and financial propriety, it is requested that these instructions should be carefully studied and their aims and importance be specifically brought to the notice of officers under your control for meticulous compliance in letter and spirit. Government is fully committed to curb any tendency towards excess expenditure over the grants and the cooperation of the Heads of Departments is vital in this respect. The Controlling Officers and Drawing & Disbursing Officers would appreciate that any failure in this matter will seriously effect the smooth flow of funds to their departments both on Plan and Non-Plan sides. The receipt of this letter may please be acknowledged.

Yours faithfully, Sd/- Under Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 15/48/99-3B&C Dated 30th July, 2001 A copy is forwarded to the Accountant General (A&E) & (Audit) Haryana for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to :- 1. All the Financial Commissioners & Secretaries to Govt., Haryana.

2. All the Administrative Secretaries to Govt., Haryana for information and immediate necessary action in the matter.

Sd/- Under Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To (i) All the Financial Commissioners to Govt., Haryana. (ii) All the Administrative Secretaries to Govt., Haryana.

U.O. No. 15/48/99-3B&C Dated 30th July, 2001

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Endst. No. 15/48/99-3B&C Dated 30th July, 2001 A copy is forwarded to Secy. Haryana Vidhan Sabha for information w.r.t his letter No. PAC-63/2000/6302 dated 21st March, 2001.

Sd/- Under Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all Branch Officers/Supdts in the FD (exp. Control Branches) for strict compliance.

Sd/- Under Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Br. Officers/Supdts. in FD (exp. Control branches). U.O. No. 15/48/99-3B&C Dated 30th July, 2001 INTERNAL

1B 5B 6B

Case No. 15/5/2001-3B&C nicfin/budget/instru2001

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No. 34/1(1)91-WM(3)

From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 1st August, 2001 Subject : Rate of interest to be charged on loans from NABARD for Co-op. Societies,

Investment in Transport, HVPNL and Food & Supplies Department etc. for the year 2001-2002

Sir, I am directed to address you on the subject noted above and to say that during the financial year 2001-2002 the rate of interest on loans granted by the State Government out of the State Loans and Advance unless otherwise specified in any particular case would be as under :-

2001-2002

1. Loan from NABARD for Coop. Societies 12%

2. Loans to HVPN from world Bank (Block Loans) 12%

3. Investment in Transport Department 11%

4. Investment in Food & Supplies Department. 12%

2. The receipt of this letter may kindly be acknowledged.

Yours faithfully, Sd/- (S.R. Maurya) Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 01-08-2001 A copy is forwarded to the Accountant General (Accounts), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 01-08-2001 A copy each is forwarded to the following for information and necessary action :-

Secretary to Governor, Haryana. All the Financial Commissioner & Administrative Secretaries to Government

Haryana. State Election Commissioner, Haryana. Gurudawara Election Commission, Haryana. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. M.Ds. of various Boards/Corporations in Haryana (IAS officers only). Hon‘ble Speaker, Haryana Vidhan Sabha. Vice Chancellors of Universities and Medical Colleges in the Haryana State. Sd/- Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Special Principal Secretary/AddI. Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Secretary/Deputy Chairman Planning Board, Haryana. Sd/- Under Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secretary/Special Principal Secretary/

AddI. Principal Secretary/Officer on Special Duty/ Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Secretary/ Deputy Chairman Planning Board, Haryana.

No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 01-08-2001

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HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATION)

Notification

The 13th August, 2001

No. 2/2/99-3FR-II.— In exercise of the powers conferred by clause (2) of article 283 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Financial Rules Volume I, in their application to the State of Haryana, namely :-

1. These rules may be called Punjab Financial Volume-I (Haryana First Amendment) Rules, 2001.

2. In the Punjab Financial Rules, Volume-I, in Annexure ‗A‘ referred to in rule 7.3 and Note 3 there under.

(i) for paragraph 1, the following paragraph shall be substituted namely :-

1. In regard to the date of birth a declaration of age made at the time of, or for the purpose of entry into Government Service, shall as against the Government employee in question, be deemed to be conclusive unless he applied for correction of his age as recorded within two years from the date of his entry into Government service. No application submitted beyond the stipulated period of two years for change in date of birth will be entertained, wherever the application for correction of his age is submitted by the employee within a period of two years from the date of his entry into Government service, the same would be considered by the Government in consultation with the Chief Secretary to Government of Haryana. Government however, reserves the right to make a correction in the recorded age of Government employee at any time against the interest of that Government employee when it is satisfied that the age recorded in his service book or in the history of services of a Government employee is incorrect and has been incorrectly recorded with the object that the Government employee may derive some unfair advantage there from

(ii) For paragraph 3, the following paragraph shall be substituted, namely :-

―3. When a Government employee, within the period allowed or at a later stage, makes an application for the correction of his date of birth as recorded, a special inquiry should be held to ascertain his correct age and reference should be made to all available sources of information such as certified copies of entries in the municipal birth register, university or, school age certificate, Janam patries or horoscopes. Wherever the application is supported by certified copies of entries in the Municipal Birth Register or Village Chowkidara Register or the Police Station Records, the applicant would be required to submit the details of birth entries of all his brothers and sisters borne of the same parentage in order to establish that the entry really pertains to the employee concerned and not to anyone of his senior or junior brother or sister. This is important keeping in view that the names of children are invariably not recorded at the time of birth in such records. It should however, be remembered that it is entirely discretionary on the part of the sanctioning authority to refuse or grant such applications

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and no alternation should be allowed unless it has satisfactorily been proved that the date of birth as originally given by the applicant was a bona fide mistake and that he has derived no unfair advantage there from.‖

A.N. MATHUR Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

No. 2/2/99-3FR-II Dated, Chandigarh, the 13th August, 2001

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers, Civil, in Haryana. The Registrar, Punjab and Haryana High Court, Chandigarh.

Sd/- (RAM SARAN)

Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

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These instructions have become obsolete.

No. 2/1/2/90-3FR-II From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 28th August, 2001 Subject : Disbursement of Pay and Allowances for the month of August, 2001. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st and 2nd September, 2001 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the August, 2001 for all Gazetted/ Non-Gazetted Haryana Govt. employees and pension for the month of August, 2001 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries may be drawn and disbursed on the 31st August, 2001. Yours faithfully, Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 28th August, 2001 A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 2/1/2/90-3FR-II Dated, Chandigarh, the 28th August, 2001 A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 28th August, 2001 A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State for the information of the Chief Minister/Ministers of State, Haryana. Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secretary/Secretaries/Private Secretaries to the

Chief Minister/Ministers/Ministers of State Haryana. U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 28th August, 2001.

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From

The Financial Commissioner & Secy. to Govt., Haryana, Finance Department. To

All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, The Registrar, Punjab and Haryana High Court, Memo No. 6/25/99-4PR(FD) Dated, Chandigarh, 31st August, 2001 Subject : Instructions regarding re-fixation of pay of the employees in the

appropriate pay scale and at the appropriate stage in the pay scale - following of proper procedure.

Sir,

I am directed to invite a reference to Rule 4 of the Haryana Civil Services (Revised Pay) Rules, 1998 and Rule 12 of the Haryana Civil Services (Assured Career Progression) Rules, 1998 which provide the revised pay scales corresponding to the pre-revised pay scales. Further attention is also invited to Rule 7 of the Revised Pay Rules and Rules 15 of ACP Rules which explain the procedure to be followed with reference to the employees who either elect or are deemed to have elected to be governed by the revised pay scales on or after the 1st day of January, 1996. For all other employees who elected to be governed by revised scales subsequent to 1.1.96, the procedure for them is laid down in Rule 9 of the Revised Pay Rules and Rule 17 of the ACP Rules, 1998 respectively.

2. The Finance Department had further clarified vide its letter No. 5/20/98-3PR(FD) dated 6.4.1998 that the employees who elected to be governed by the revised pay scales w.e.f. a date subsequent to 1.1.96, there would be no linkage for them with Rule 7 and 15 of the Revised Pay Rules and ACP Rules respectively for the purposes of fixation of pay. However, the Finance Department, vide its letter No. 5/20/98-3PR(FD) dated 17.9.98, allowed the Government employees to switch over to the revised scales of pay from the date of their next increment falling after 1.1.96 but not later than 31.12.96 and their pay was also to be fixed in accordance with the provisions of Rule 7 and Rule 15 of the Revised Pay Rules and ACP rules respectively. 3. Now, instances have come to the notice of the Finance Department that the employees in certain Departments have been erroneously granted higher pay scales under the Higher Standard Scale Scheme effective from 1.1.94 to 31.12.95 and thereafter ACP scales w.e.f. 1.1.96 apart from the grant of revised pay scales w.e.f. 1.1.1996 contrary to the instructions contained under these schemes. It is understood that, in the process, the pay of certain employees in some Departments might have been fixed erroneously either in an inappropriate pay scale or at an inappropriate stage or both.

4. It has also been brought to the notice of the Finance Department that corrective action has been taken in some cases, pay re-fixed in the appropriate pay scale and at correct stage with a view to correcting the mistakes. However, some of the employees, adversely

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affected as a result of the corrective action, have approached the Courts and challenged the action taken by the Departments. The Hon‘ble Punjab & Haryana High Court has quashed the action taken by the Department in CWP No. 185 of 1999, CWP No. 16602 of 1998 and CWP No. 10997 of 2000 on technical grounds with the observations that the action had been taken by the Departments without following the proper procedure e.g. issue of show cause notices and consideration of the replies on merits thereof. However, the Departments are at liberty to take corrective action after following the due procedure.

5. In the given circumstances, it has been decided by the Government to direct all the Departments to ensure that pay of the employees under their control should be fixed in the appropriate pay scales and at the appropriate stage in accordance with the Rules and instructions on the subject. It may be ensured that wherever the pay of the employee is proposed to be fixed in an appropriate scale/stage which happens to be lower than the pay scale/stage in which his pay has been fixed erroneously and resultantly it has to be fixed at the appropriate stage, resulting in recoveries, if any, the same should be done after following the due process of law. This would require (i) in the first instance, a show cause notice should be issued clearly mentioning the mistake that has taken place and the action proposed to be taken to rectify the mistake, (ii) giving reference to the rules/instructions under which such action is proposed to be taken, and (iii) the amount proposed to be recovered by following the due procedure i.e. issuing of show cause notices to such employees and then deciding his representation in accordance with the instructions and rules on the subject. Following the due process would be a must in these cases otherwise the possibility of a spate of avoidable litigation cannot be ruled out. A sample show cause notice is appended to these instructions.

6. You are, therefore, requested to ensure meticulous compliance of these instructions and bring the same to the notice of all concerned officers/officials under your control for strict compliance and further to take note that no undue benefit is granted to any of the employees.

Yours faithfully,

Sd/- (Balwant Singh) Under Secretary, Finance (PR), for Commissioner & Secretary to Government,

Haryana, Finance Department. Endst. No. 6/25/99-4PR(FD) Dated, Chandigarh, the 31st August, 2001 A copy is forwarded to the A copy is forwarded to the Accountant General (Audit) and (Accounts) Haryana Chandigarh for information and necessary action.

Sd/- (Balwant Singh) Under Secretary, Finance (PR), for Commissioner & Secretary to Government, Haryana, Finance Department. Endst. No. 6/25/99-4PR(FD) Dated, Chandigarh the 31st August, 2001 A copy is forwarded to :- 1. All the Financial Commissioner in Haryana, and

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2. All the Commissioners & Administrative Secretaries to Government, Haryana for information & necessary action.

Sd/- (Balwant Singh) Under Secretary, Finance (PR), for Commissioner & Secretary to Government, Haryana, Finance Department. To 1. All the Financial Commissioner in Haryana and

2. All the Commissioners & Administrative Secretaries to Govt., Haryana for information & necessary action.

Endst. No. 6/25/99-4PR(FD) Dated, Chandigarh, the 31st August, 2001 A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the Chief Ministers/Officers on Special Duty/Minister/Ministers of State/Chief Parliamentary Secretary/Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of State/Chief Parliamentary Secretary and Parliamentary Secretary. Sd/- (Balwant Singh) Under Secretary, Finance (PR), for Commissioner & Secretary to Government, Haryana, Finance Department. To

The Principal Secretary to the Chief Minister, Senior Secretaries to Ministers, Secretaries to Ministers and Private Secretaries to Ministers, Ministers of State and Chief Parliamentary Secretary.

No. 6/25/99-4PR(FD) Dated, Chandigarh, the 31st August, 2001 Encls.

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Sample Draft Show Cause Notice to be served on the employees in cases where a mistake is proposed to be rectified.

(This is only an indicative draft and should be suitably modified wherever required)

From _________________________

_________________________

To _________________________

_________________________ No. ________________ Dated ____________ Subject : Show cause Notice to re-fix the pay in the appropriate scale at appropriate

stage to rectify the mistake and recovery of dues paid in excess. You have been granted the Higher Standard Scale/Revised Pay Scale/ACP Scale of Rs. _____________ w.e.f. ______________ and your pay was fixed at the stage of Rs. ____________ in the said scale as on ___________. It has been found that your pay has been fixed in an inappropriate scale and resultantly fixed at a wrong stage. Actually, your pay should have been fixed at the stage of Rs. _______________ in the pay scale of Rs. ____________ in accordance with the provision in the rules/instructions issued by the Government vide its letter bearing No. ____________ dated ____________. It is obvious that a mistake has been committed in fixing your pay at an inappropriate stage in an inappropriate scale. Resultantly, you have been paid in excess of what was due to you. It is now proposed to rectify the said mistake. You might recall that you had submitted an undertaking at the time of fixation of your pay in the revised pay scales (applicable from 1.1.96) which reads as under :-

"I hereby undertake that any excess payment that may be found to have been made as a result of incorrect fixation of pay or any excess payment detected in the light of discrepancies noticed subsequently will be refunded by me to the Government either by adjustment against future payments due to me or otherwise."

Though the Department is competent to recover the amount paid to you in excess of what was due to you in terms of the above undertaking itself, yet it is proposed to issue this notice whereby you are called upon to show-cause as to why your pay should not be re-fixed at the stage of Rs. ____________ in the pay scale of Rs. ____________ as on __________ and thereby re-fix your pay in the appropriate pay scale as per the dates indicated below: -

Pay Scale Stage Date as on

The above action is proposed to be taken in accordance with the Government

instructions bearing No. _____________ dated ______________ where under your pay should

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have been fixed at the stage of Rs. ________________________________ in the pay scale of Rs. ______________.

It is also proposed to recover the amount paid to you in excess of what should have

been paid. The amount thus recoverable has been worked out to Rs. ____________. You may submit your reply to this show cause notice within a period of 30 days of the

date of issue of this letter failing which it will be presumed that you have nothing to say in the matter and the action proposed here under will be finalised without any further opportunity to you on this account.

(Issuing Authority)

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These instructions have been Revised vide No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.

No. 68/2/2001/FD/Pension/SAP From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, The Commissioners of Divisions, All Deputy Commissioners & Sub Divisional Officers(Civil) in Haryana State, The Registrar, Punjab & Haryana High Court Chandigarh. Dated, Chandigarh the 3rd September, 2001 Subject : Adoption of procedure for expeditious finalisation of cases of pensionary

benefits in a time bound manner. Sir,

I am directed to invite a reference on the subject noted above and to say that some of the departments are not adhering to the instructions and procedure laid down by the Finance Department in respect of all the activities concerning to the release of pension and pensionary benefits. 2. The Finance Department had issued instructions from time to time for expeditious disposal of pension cases but inspite of these instructions some case of pensionary benefits are not finalised before the date of retirement of retirees, due to certain discrepancies in the service record of the retiring Government employees resultantly the payment on account of retirement dues are delayed and the pensioners concerned are put to pecuniary hardships/losses. 3. I have, therefore, been directed to emphasize that in order to streamline the existing procedure regarding expeditious finalisation of cases of pensionary benefits the following measures be adopted :- (i) The Department should ask the retiring employees to submit his pension papers

duly filled in twenty four months before the date of his retirement.

(ii) Action should be initiated for verification/completion of service book/record before twenty four months of the retirement of Govt. employee.

(iii) Steps should be taken to finalise the long standing advances/recoveries against the retiree, two years before the date of retirement.

(iv) It should be ensured that the steps are taken to expedite enquiries, if any, pending against the official before the date of his retirement.

(v) The pension case should be sent to the Accountant General Haryana for the issue of Certificate and Report, one year before the date of retirement of the employee concerned.

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(vi) In case of Gazetted Officer, a reference should be made to the Govt. for getting clearance certificate from Vigilance Department in favour of the retiring officer one year before the date of retirement.

(vii) The pension case after removing the objections raised by A.G. Haryana in the certificate & report should be resubmitted to the Accountant General Haryana 15-20 days before retirement of the employee concerned alongwith the ―No Dues Certificate‖ for the issue of Pension/Gratuity payment orders, on the date of his retirement.

(viii)The family pension cases of the deceased employees should be settled within 3 months positively from the date of his death.

(ix) The Head of office shall issue a certificate of service to every employee when the latter completes 10 years of service and becomes eligible for pension and then after every periodic interval of 5 years. The Head of Department shall ensure issuance of such certificates to all the employees by Head of Offices working under him/her.

(x) An authenticated photo copy of the entire pension cases shall be retained by the Head of Office before forwarding the same to the Accountant General Haryana in order to avoid the difficulties arising out of the loss of record in transit.

(xi) The Head of Department shall ensure that the Head of Office working under them undertake the assessment of Government dues, recoverable from the Government employees twenty four months before the date of their retirement and finalise the same within the specified period.

(xii) The Government employee shall be given an opportunity of putting record his/her view point about the recoverable dues. The Heads of Departments shall obtain a certificate after every six months from the Heads of Offices working under them that the assessment of dues in all cases relevant to that period has been finalised.

(xiii) (a) Every department/office should appoint a ―Nodal Officer‖ for pension to

regularly follow up pension cases. He should convene monthly meeting to review all the pending cases in his office.

(b) The Head of Departments concerned should also review the position of

pending cases of his department on monthly basis. (c) The Administrative Secretaries concerned should review the pension

cases of their departments on quarterly basis. A representative of Accountant General, Haryana may also be called for in the meeting to be convened at the level of Head of Department and at the level of Administrative Secretary. The departments should furnish the information of the outcome of these meetings to the Pension Branch in Finance Department in the enclosed prescribed proforma to enable the holding of meeting at the level of Joint/Special Secretary Finance (Pension). 4. It may be ensured that the retiring employees of Haryana Government are given PPO/GPO on the date of their retirement. 5. You are, therefore, requested that the above instructions may please be got noted and brought to the notice of all the Officers/officials dealing with the pension cases under your control for strict compliance.

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6. These instructions are issued in super session of F.D.‘s earlier instructions No. 68/2/93/FD/Pension/SAP, dated 14-10-93, No. 68/2/97/FD Pension/SAP, dated 11-4-97, even No. dated 30-12-97, 14-5-99 and dated 19-12-2000. Yours faithfully, Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 68/2/2001/FD/Pension/SAP Dated, Chandigarh, the 3-9-2001 A copy is forwarded to the Accountant General (Audit) and (Accounts) Haryana Chandigarh for information and necessary action. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

1. All the Financial Commissioner in Haryana and 2. All the Commissioners & Secretaries to Govt. Haryana. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 1/3(42)99-2FR-II From

The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To

All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 13th September, 2001 Subject : Clarification regarding grant of Dearness Relief on Family Pension and

extra ordinary family pension. Sir,

I am directed to invite a reference to this department circular letter No. 1/3(42)99-2FR-II, dated 31.1.2001 on the subject noted above and to clarify that the decision contained in the letter referred to above will be applicable from the date of its issue i.e. 31.1.2001.

Yours faithfully,

Sd/- (RAM SARAN)

Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. No. 1/3(42)99-2FR-II Dated, Chandigarh, the 13th Sept., 2001 A copy is forwarded for information and necessary action to the :-

1. Accountant General (A&E) Haryana, Chandigarh. 2. All Treasury Officers/Assistant Treasury Officers in Haryana.

Sd/- (RAM SARAN)

Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners, Haryana and All Administrative Secretaries to Govt. Haryana for information and necessary action.

Sd/- (RAM SARAN)

Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

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To 1. All the Financial Commissioners Haryana. 2. All Administrative Secretary to Govt., Haryana. U.O. No. 1/3(42)99-2FR-II Dated, Chandigarh, the 13th Sept., 2001 A copy each is forwarded to the Principal Secretary/Special Principal Secretary/ Additional Principal Secretaries-I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief Ministers/Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

Sd/- (RAM SARAN)

Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. To The Principal Secretaries/Private Secretaries to the Chief Minister/

Officers on Special Duty/Ministers/Ministers of State/Chief Parliamentary Secretary/Parliamentary Secretary.

U.O. No. 1/3(42)99-2FR-II Dated, Chandigarh, the 13th Sept., 2001.

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These instructions have become obsolete.

MOST IMMEDIATE No. 28/26/99-6B&C From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To All Heads of Departments in Haryana State, (Except shown in the list) Registrar, Punjab and Haryana High Court, Chandigarh. All Commissioners of Divisions and Deputy Commissioners (Except in the list).

Dated, Chandigarh, the 14th September, 2001

Subject : Reg. allotment of unique Code Nos. to State Govt. Employees.

Sir, I am directed to invite you attention to the Finance Department letter No. 28/26/98-6B&C, dated 17-5-2000 and subsequent reminders of even No. dated 12th July, 2000, 7th August, 2000, 15th June, 2001 and 8th August, 2001 on the subject noted above and to say that information regarding Allotment of Unique Code Nos. to the employees pertaining to your department is still awaited. It is, therefore, again requested that the required unique codes nos. pertaining to your departments employees be allotted at the earliest but not later than 20-9-2001 under intimation to Accountant General, (A&E), Haryana and also Finance Department (in Budget & Committee Branch). Yours faithfully, Sd/- Supdt. Budget and Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to all Financial Secretaries and Administrative Secretaries to Govt. Haryana for information and necessary action.

They are requested that the departments under their control may be directed to allot the proposed unique codes to all employees by 20th of Sept., 2001. Sd/- Supdt. Budget and Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Financial Commissioners and Administrative Secretaries to Govt., Haryana. U.O. No. 28/26/2000-6B&C Dated 14-9-2001

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No. 28/26/2000-6B&C Dated 14-9-2001 A copy is forwarded to Accountant General (A&E) Haryana, Chandigarh, for information. Sd/- Supdt. Budget and Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. INFORMATION RECEIVED FROM THE DEPARTMENTS REG. UNIQUE CODE NOS.

Sr. No. Name of Department

1. Dairy Development

2. Comm. Ambala Division

3. Vigilance Bureau

4. L.R.

5. AGOT

6. Vidhan Sabha

7. Sports

8. Commissioner, Rohtak Division

9. Tourism

10. Prosecution

11. Civil Aviation

12. Institutional Finance & Credit Control

13. Local Audit

14. Local Bodies

15. Supplies & Disposals

16. Animal Husbandry

17. Commissioner Gurgaon Division

18. Environment

19. Archaeology

20. Archives

21. Mines & Geology

22. H.P.S.C.

23. Consolidation

24. ESA

25. Advocate General, Haryana

26. Fisheries

27. Lotteries

28. Land Record

29. Non Conventional Energy Source

30. D.C. Faridabad

31. Wild Life

32. Urban Estate

33. Architecture

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Sr. No. Name of Department

34. D.C. Kurukshetra

35. Jails.

36. Session Judge, Sirsa

37. Science & Technology

38. D.C. Kaithal

39. Welfare of SC & BC

40. Session Judge, Jind

41. Employment

42. D.C. Jind

43. Chief Electrical Inspect.

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These instructions have become obsolete.

No. 20/1/2000-6B&C From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana State, The Registrar, Punjab & Haryana High Court. Dated, Chandigarh, the 24th September, 2001 Subject : Reconciliation of departmental figures of exp. & receipts with these of

A.O. Haryana for the year 2001-02. Sir, I am directed to invite your attention to the Finance Department letter No. 20/1/94-5B&C, dated 22.11.05 on the subject noted above vide which detailed instruction have been issued for timely completion of reconciliation of figures pertaining to various departments. Accountant General, Haryana has now intimate that in respect of 95 Major Heads, the reconciliation work has not yet been started by the department whereas in respect of 36 Major Heads, this work is in arrear for the 1 to 2 months. 2. As you are aware that the reconciliation work is of great importance and it should be completed regularly. It is requested that the departments who have not started the said work as yet, should initiate immediately and update entire pending reconciliation work at the earliest. It is also advised that this work must be completed timely in future also and a monthly progress report to this effect may be sent to Finance Department (in B&C Br.) regularly. Sd/- Supdt. Budget & Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 20/1/2000-6B&C Dated 24.9.2001 A copy is forwarded to Dy. Accountant (AE), Haryana w.r.t his D.O. letter No. TM(c)/Recon/2001-02/758-61, dated 14-9-2001 for information only. Sd/- Supdt. Budget & Committee, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 36/7/2K-4WM From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 26th September, 2001 Subject : Grant of Car/Motor cycle Advance to State Govt. employees on deputation. Sir, In continuance of F.D. letter No. 16/1/96-WM(4) dated the 16th April, 1996, on the subject noted above, I am directed to say that on occasions some officers on deputation with Govt. of India or U.T. Administration obtain loan from Govt. of India/ Chandigarh Administration and subsequently request the State Govt. for grant of loan to repay the loan obtained from Govt. of India/Chandigarh Administration. After careful consideration, it has been decided that any officer of Haryana cadre will have the option to avail loans either from the Central/U.T. Govt. or from the Haryana Govt. Accordingly, loans will be granted to them. Henceforth no officer will be sanctioned any advance from the State Govt. if he/she has exercised the option to draw a particular loan from Govt. of India/Chandigarh Administration i.e. no advance will be granted by the State Govt. for vacating loan taken from Govt. of India/Chandigarh Administration. These instruction may be brought to the notice of all concerned officers. Yours faithfully, Sd/- (P.K. Das) Joint Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 36/7/2K-WM(4) Dated, Chandigarh, the 26.9.2001. A copy is forwarded to the Accountant General (A&E) and Audit, Haryana, Chandigarh for information and necessary action. Sd/- (P.K. Das) Joint Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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A copies is forwarded to :- 1. The Financial Commissioner Revenue, Haryana. 2. All the Administrative Secretaries to Govt., Haryana for Information and

necessary action. Sd/- (P.K. Das) Joint Secretary Finance (B), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To 1. The Financial Commissioner Revenue, Haryana. 2. All the Administrative Secretaries to Govt., Haryana. U.O. No. 36/7/2K-WM(4) Dated, Chandigarh, the 26.9.2001.

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These instructions alongwith notification were superseded vide No. 8/17/98-2PR(FD) dated 7th May, 2003.

No. 8/17/98-2PR(FD)

From

The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

The Registrar, Punjab & Haryana High Court, Chandigarh, The L.R. and Secretary to Government of Haryana, Law Department, All Heads of Departments, All Commissioners of Divisions, All District & Sessions Judges, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Dated, Chandigarh, the 28th September, 2001

Subject : Revision of pay scales of Judicial Officers in Haryana.

Sir,

I am directed to refer to Haryana Government notification No. GSR3/Cont./Art./309/ 98, dated 7th January, 1998 vide which the pay scales of State Government employees were revised w.e.f. 1.1.1996. Now, the Haryana Government has decided to revise the pay scales of the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service as contained in the enclosed notification bearing No. GSR20/Const./Art. 309/2001 dated 28th September, 2001. A copy each of the documents indicated below is forwarded herewith :-

(i) Haryana Government, Finance Department, Notification No. GSR20/Const./Art. 309/2001 dated 28th September, 2001.

(ii) Statement of fixation of pay (Annexure A)

(iii) Specimens of Undertakings (Annexure ‗B‘ and Annexure ‗C‘).

2. In order to implement the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service Revised Pay Rules, 2001, the members of these services are required to exercise their option for drawal of their pay in the revise scales of pay in the formats prescribed in Second Schedule (Part I & II) given in the said rules.

3. The sequence of action to be taken on receipt of the options will be as follows.-

(i) On fixation of pay in the entitled revised scales of pay applicable, pay and applicable allowances thereon for the month of September, 2001, payable in the month of October, 2001, may be drawn and paid on the basis of revised scales of pay after deduction of enhanced subscription to the General Provident Fund with reference to the revised pay, as applicable to the concerned Judicial Officer.

(ii) Bills may be prepared and drawn separately in respect of the arrears of pay and allowances, if any, for the period from 1st January, 1996 to 31st Dec., 1997 and from 1st January, 1998 to 31st August, 2001. Arrears for the period for 1.1.1996 to 31.12.97, if any, so drawn should be deposited in the respective General Provident Fund Accounts of the concerned Judicial Officers and arrears for the period for 1.1.98 to 31.8.2001 should be paid in cash Arrears, so worked out, should be paid to the Judicial Officers by 31st December, 2001.

With reference to the Judicial Officers who have either retired or are due to

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retire from Government service within the period from 1.1.1996 to 31.12.2001, the arrears should be paid in cash and shall not be deposited in the respective General Provident Fund Accounts.

(iii) Similar sequential action, as indicated above, may be taken for authorization of revised pay and allowances with respect to those officers whose options might be received later.

4. The claims of arrears shall be drawn only after the fixation of pay in the revised scale of pay has been pre-checked and a certification to that effect is endorsed by the concerned Drawing & Disbursing Officer authenticating the correctness of fixation of pay and calculation of arrears.

5. In order to ensure correct and systematic fixation of pay in the revised scale of pay, a proforma for the purpose (statement of fixation of pay) is enclosed. The statement should be prepared in triplicate and one copy thereof should be pasted in the Service Book of the Judicial Officer concerned and another copy be made available to the concerned accounting authorities (Chief Accounts Officers/Accounts Officers etc. in the Department/office) for post-check. Further while computing and authorizing the pay in the revised scales with effect from 1.1.1996, the relevant instalment of Interim Relief paid subsequent to the 1st January, 1996 will be adjusted. The instalments of dearness allowance paid from time to time between 1st July, 1996 and 31st August, 2001 shall also be adjusted while computing and authorizing the arrears.

6. It is not unlikely that the arrears due in some cases may be computed incorrectly leading to excess payments that might have to be recovered subsequently even after this exercise. The Drawing & Disbursing Officers. while drawing arrears, should, therefore, make it clear to the employees under their administrative control that the payments are being made subject to adjustment from amounts that may be due to them subsequently in the event of any discrepancies coming to notice or detected at a later stage. For the purpose, an undertaking (specimen enclosed as Annexure ‗B‘) may be obtained in writing from every employee at the time of drawal of arrears/pay and allowances.

7. The fixation of pay and calculation of arrears shall also be subject to rectification and adjustments in those cases where a particular pre-revised scale has been granted to the Judicial Officer on the strength of some interim orders of a Court after the case has been decided finally and suitable appropriate decision has been taken by the Government on such final decision of the Court of Law. A specimen form of undertaking to be obtained in this respect is also enclosed as Annexure ‗C‘.

8. In authorising the drawl of arrears, Income Tax as due, shall be deducted and credited to the appropriate Head of Account in accordance with the instructions on the subject under the Income Tax Act.

Yours faithfully,

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 28th September, 2001

A copy is forwarded to the Accountant General, Haryana (i) A&E (ii) (Audit), Chandigarh for information.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 28th September, 2001

A copy is forwarded to the Home Secretary/Finance Secretary, Chandigarh Administration, Chandigarh for information and necessary action.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 28th September, 2001

A copy is forwarded for information & necessary action to :-

1. The Director, Treasuries & Accounts, Haryana. 2. All Treasury Officers/Asstt. Treasury Officers in Haryana.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy is forwarded to the Chief Secretary to Government of Haryana with reference to their U.O. No. 28/21/90-3GSI, dated 5/9/2001.

2. He is requested to kindly take further necessary action in the matter.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

The Chief Secretary to Government, Haryana, (In GS-I Branch)

U.O. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 28th September, 2001.

Encls.

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ANNEUXRE - A

Statement of fixation of pay under Haryana Civil Services (Judicial Branch) and Haryana Superior Judicial Service Revised Pay Rules, 2001

1. Name of the Judicial Officer :

2. Designation of the post held as on 31.12.1995 :

3. Status (Substantive/Officiating). :

4. Pre-revised Scale(s) of pay applicable for the post. :

5. Existing emoluments as on 1st January, 1996 :

(i) Basic pay (including stagnation increments, if any) :

(ii) Dearness Allowance applicable at AICPI average 1510 (1960=100)

(iii) Interim Relief (1st instalment)

(iv) Interim Relief (2nd instalment)

(v) Total Existing Emoluments [(i) to (iv)]

6. Fitment weight age (40% of Basic Pay) :

7. Total (Sr. No. 5 (v) & 6) :

8. Applicable Revised scale of pay corresponding to the pre-revised scale shown at Sr.No. 4 above

:

9. (i) Stage in the revised scale of pay at which pay is to be fixed excluding the benefit of bunching as envisaged in the 2nd Proviso of Rule 7

:

(ii) Number of increments due on account of bunching (2nd Proviso of Rule 7.

:

(iii) Stage in the revised scale of pay at which pay is to be fixed including the benefit on account of bunching

:

(iv) Stage in the revised scale of pay at which pay is to be fixed so as to ensure at least one increment in the revised scale for every 3 increments in the pre-revised scale (3rd proviso of Rule 7)

:

10. Pay fixed in the applicable revised scale of pay (stage of pay at Sr. No. 9(iii) or 9(iv), whichever is higher)

:

11. Stepped up pay with reference to the revised pay of Junior, if applicable, and also the name, pay and pay scale of the junior also to be indicated distinctly and the rule under which the stepping up is permissible.

:

12. Revised pay with reference to the Substantive Pay in cases where the pay fixed in the officiating post is lower than the pay fixed in the substantive post, if applicable.

:

13. Personal pay, if any (Note 4 below Rule 7) :

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14. Revised emoluments after fixation :

15. (i) Pay in the revised scale

(ii) Special Pay, if admissible to the post

(iii) Personal Pay, if admissible (Note 4 below Rule 7) :

15. Date of next increment and pay after grant of increment:- :

(a) Date of increment

(b) Pay after increment

16. Any other relevant information :

Signature and Designation of Head of Office

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ANNEXURE - B

UNDERTAKING

I hereby undertake that any excess payment that may be found to have been made as a result of incorrect fixation of pay or any excess payment detected in the light of discrepancies noticed subsequently will be refunded by me to the Government either by adjustment against future payments due to me or otherwise.

Signature: ____________________

Name: _______________________

Designation: __________________

Dated:

Place:

ANNEXURE - C

UNDERTAKING

I hereby undertake that as a result of any rectification or adjustment in the pay scale granted to me on the strength of any interim order by any Court of Law or on the basis of any interim order by any Court of Law, any excess amount which may be found to have been made as a result of relevant appropriate decision taken by the Government on the final decision of the Court of Law, will be refunded by me to the Government either by adjustment against future payments due to me or otherwise. I further undertake to abide by such relevant appropriate decision of the Government taken on the final decision of such Court of Law, as the case may be.

Signature: ____________________

Name: _______________________

Designation: __________________

Dated:

Station:

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This notification was superseded vide Not. Dated 7th May, 2003.

HARYANA GOVERNMENT

FINANCE DEPARTMENT

Notification

The 28th September, 2001

No. GSR20/Const./Art.309/2001.— In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules regulating the grant of revised pay to the persons appointed to the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service, namely :-

Short title and commencement.—

1. (1) These rules may be called the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service Revised Pay Rules, 2001.

(2) They shall be deemed to have come into force on the 1st day of January, 1996, unless otherwise provided by the Government for any class or category of persons or posts.

Application of rules.—

2. (1) Save as otherwise provided by or under these rules, these rules shall apply to members of the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service whose pay is debitable to the Consolidated Fund of the State of Haryana.

(2) These rules shall not apply to :-

(a) persons not in whole time employment;

(b) persons employed on contract;

(c) any other class or category of persons whom the Government may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules.

Definitions.—

3. In these rules, unless the context otherwise requires–

(a) ―basic pay‖ means pay drawn in the prescribed scale of pay as on 31.12.1995 for the post held by the person(s) as functional scale of pay for such post including stagnation increments but not including any other type of pay like, ―special pay‖, ―personal pay‖ etc.;

(b) ―CSR‖ means the Punjab Civil Services Rules as amended from time to time and as applicable to the State of Haryana;

(c) ―existing scale‖ in relation to any post or any member of the Judicial Service means the functional pay scale as on 31st December, 1995, prescribed for the post or the post held by the member of the Service, as the case may be;

Explanation.— In the case of a Judicial Officer who was on the 1st day of January, 1996, on deputation in Centre/any State or on leave or on foreign service or who would have on that day officiated on one or more lower post but for his

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officiating in a higher post, ―existing scale‖ means the functional scale applicable to the post which he would have held but for his being on deputation or on leave or on foreign service, as the case may be, but for his officiating in a higher post, as on 31st December, 1995;

(d) ―functional pay scale‖ in relation to a member of the Service means the pay scale which is prescribed for the post held by him. It does not mean any other pay scale in which he is drawing his pay as a personal measure to him with any other justification e.g. on higher/additional qualifications or on upgradation of pay scale due to any other reason;

(e) ―Government‖ means the Government of Haryana in the Administrative Department save as otherwise provided by or under these rules;

(f) ―Judicial Officer‖ means a member of the Judicial Services to whom these rules apply under rule 2 of these rules;

(g) ―leave‖ means any sanctioned leave as defined in CSR, except ―casual leave‖. Any absence from duty without sanction of competent authority shall not be considered as leave;

(h) ―memorandum explanatory‖ means the memorandum explanatory appended to these rules, briefly explaining the nature, philosophy, justification, objectives, applicability etc. of these rules;

(i) ―officiating post‖ means the post which is held by the Judicial Officer to which he has not been confirmed or to which he has been appointed as a temporary measure while still retaining his lien on a different post or on which he performs the duties while another person holds a lien to such post. The Judicial Officer occupying a post while still on probation is also to be considered to be holding an officiating post. Further, if competent authority has appointed a Judicial Officer to officiate on a vacant post on which no other Judicial Officer holds a lien, even such appointment shall be an appointment against an officiating post;

(i) ―pay‖ means the basic pay drawn monthly by a Judicial Officer, other than special pay or pay granted in lieu of his personal qualifications or his length of service, in the functional pay scale, which has been sanctioned for a post held by him substantively or in an officiating capacity or in case where no separate functional pay scale is sanctioned for the post held by the Judicial Officers constituting a cadre, in the pay scale to which he is entitled by reason of his position in a cadre;

(k) ―revised pay‖ means basic pay of a Judicial Officer in the revised pay scale prescribed for the post held by the Judicial Officer;

(I) ―revised scale‖ in relation to any post or any Judicial Officer occupying such post means revised functional scale of pay prescribed for such post in place of the existing functional pay scale under these rules;

(m) ―Schedule‖ means the Schedules appended to these rules;

(n) ―substantive pay‖ means pay drawn by the Judicial Officer on the post to which he has been appointed substantively or by reason of his substantive position in a cadre.

Revised scales of pay.—

4. The revised scales of pay of the members of the Service specified in column 2 of the

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First Schedule appended to these rules shall be as specified against the same in column 4 of the above said part of the Schedule.

Drawal of pay in revised scale.—

5. Save as otherwise provided in these rules, a Judicial Officer shall have the option to either continue to draw his pay in the existing scale of pay or the revised scale of pay. The option once exercised shall be final:

Provided that wherever a Judicial Officer elects to opt for the revised scales of pay, he may either opt for the revised scale of pay with effect from 1st of January, 1996, or elect to continue to draw pay in the existing scale until the date on which he earns his next increment in the existing scale between 1st of January, 1996 and 31st December, or until he vacates his post or ceases to draw pay in at scale, whichever is earlier.

Explanation 1.— Aforesaid option shall not be admissible to any person appointed to a post on or after the 1st day of January, 1996, for the first time in the service. He shall draw his pay only in the revised scale with effect from the date he joins service.

Explanation 2.— Where a Judicial Officer exercises option under the proviso to this rule to retain the existing scale in respect of a post held by him in an officiating capacity on a regular basis for the purpose of regulation of pay in that scale under the CSR or any other rule or order applicable to that post, his substantive pay shall be the substantive pay which he would have drawn had he retained the existing scale in respect of the permanent post on which he holds a lien or would have held a lien had his lien not been suspended or the pay of the officiating post which has acquired the character of substantive pay in accordance with any order for the time being in force, whichever is higher.

Exercise of option.—

6. (1) The option under rule 5 shall be exercised in writing in the form appended to the Second Schedule (Part I) so as to reach the authority mentioned in sub-rule (2) hereunder within three months of the date of publication of these rules:

Provided that in the case of a Judicial Officer who is on leave or on deputation or on foreign service on the date of publication of these rules, the said option shall be exercised in writing so as to reach the said authority within three months of the date of his taking charge of his post in the cadre or at the expiry of the sanctioned leave, whichever is earlier:

Provided further that where a Judicial Officer is under suspension on the day of publication of this notification, the option may be exercised within three months of the date of his return to his duty if that date is later than the date prescribed in this sub-rule.

(2) The option shall be intimated by the Judicial Officer to the Head of his Office.

(3) If the intimation regarding option is not received within the time mentioned in sub-rule (1), the Judicial Officer shall be deemed to have elected to be governed by the revised scales of pay on and from the 1st day of January, 1996.

(4) The option once exercised shall be final.

Note:— Persons whose services were terminated on or after the 1st January, 1996 and who could not exercise the option within the prescribed time limit, on account of death,

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discharge on the expiry of the sanctioned post, resignation, dismissal or removal on account of disciplinary proceedings, are entitled to the benefit of this rule:

Provided that with respect to the persons whose services stood terminated on account of death, the option shall be exercised by his legal heir who is entitled to the receipt of payment of arrears.

Fixation of initial pay in the revised scale.—

7. (1) The initial pay of a Judicial Officer who elects for the revised pay scale under proviso to rule 5 or is deemed to have elected in favour of the revised pay scale under sub-rule (3) of rule 6, shall, unless in any case the Government by special order otherwise directs, be fixed from 1st of January, 1996, or from the date of option, separately in respect of his substantive pay in the permanent post on which he holds a lien or would have held a lien if it had not been suspended, and in respect of his pay in officiating post held by him, in the following manner, namely:—

(i) an amount representing 40 percent of the basic pay in the existing scale shall be added to the ―existing emoluments‖ of the Judicial Officer;

(ii) after the existing emoluments have been so increased, the pay shall, thereafter, be fixed in the revised scale at the stage equal to such computed amount in this sub-rule and in case, there is no such stage in the revised scale equal to such computed amount in this sub-rule, at the stage next above the amount thus computed in the revised scale:

Provided that—

(a) if the minimum of the revised scale is more than the amount so computed under sub-rule (1) above, the pay shall be fixed at the minimum of the revised scale;

(b) if the amount so computed under sub-rule (1) above is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale:

Provided further that where, in the fixation of pay, the pay of Judicial Officers drawing pay at more than four consecutive stages in an existing scale gets bunched, that is to say, gets fixed in the revised scale at the same stage, the pay in the revised scale of such of these Judicial Officers who are drawing pay beyond the first four consecutive stages in the existing scale shall be stepped up to the stage where such bunching occurs, as under, by the grant of increments) in the revised scale in the following manner, namely:-

(i) for Judicial Officers drawing pay from the 5th upto the 8th stage in the existing scale by one increment;

(ii) for Judicial Officers drawing pay from the 9th upto the 12th stage in the existing scale, if there is bunching beyond the 8th stage by two increments;

(iii) for Judicial Officers drawing pay from the 13th upto the 16th stage in the existing scale, if there is bunching beyond the 12th stage by three increments:

Provided further that the fixation thus made shall ensure that every officer will get at least one increment in the revised functional scale of pay for every three increments (inclusive of stagnation increment(s), if any, in the existing scale of pay.

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Explanation.— For the purpose of this clause ―existing emoluments‖ shall include,

(a) the basic pay in the existing scale;

(b) dearness allowance appropriate to the basic pay admissible at index average 1510 (1960=100); and

(c) the amounts of first and second instalment of interim relief admissible on the basic pay in the existing. scale.

Note 1.— Where the increment of a Judicial Officer falls on 1st day of January, 1996, he shall have the option to draw the increment in the existing scale or the revised scale as per Part II of the Second Schedule appended to these rules.

Note 2.— Where a Judicial Officer is on leave on the 1st day of January, 1996, he shall become entitled to pay in the revised scale of pay from the date he joins duty.

Note 3.— In case of a Judicial Officer under suspension, he shall continue to draw subsistence allowance based on existing scale of pay and his pay in the Revised scale of pay will be subject to final order on the pending disciplinary proceedings or otherwise a final order, as the case may be.

Note 4.— Where the existing emoluments as calculated in accordance with the principles given above exceed the maximum of the revised pay scale in the case of any Judicial Officer, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

Note 5.— Three pay scales have been provided for the members of the Haryana Superior Judicial Service under these rules as against two existing pay scales in the pre-revised pay scale structure for this service. The pay scales in the existing pay scale structure were known as ‗Time Scale‘ (Rs. 3200-5600) and ‗Selection Grade‘ (Rs. 5900-6700 for 20% of the posts in cadre). The revised scales now provided are titled as Time Scale (Rs. 12000-400-18800), a newly introduced ―Senior Scale‖ (Rs. 16400-20000 for 30% of the posts in the cadre) and the ―Selection Grade‖ (Rs. 18400-22400 for 20% of the posts in the cadre). With the introduction of one more pay scale in the revised pay scale structure, there will be a situation wherein certain members of the Service shall be eligible to be placed in the second scale now titled the Senior Scale on account of falling within 30% of the posts in the cadre as on 1.1.1996 itself. Similarly, 20% of the posts will be eligible to be placed in the revised Selection Grade. The pay of the officers in the revised pay scales will be fixed as under:-

(i) The pay of all such members of the Service, who were drawing their pay in the existing time scale of Rs. 3200-5600 as on 1.1.1996, shall be initially fixed in the corresponding revised Time Scale of Rs. 12000-400-18800 under these rules. The officers who would qualify to be placed in the ―Senior Scale‖ prescribed for 30% of the posts in the cadre as on 1.1.1996 itself or thereafter, their pay will be fixed from the revised Time Scale to the newly introduced Senior Scale under the normal CSR provisions after formal orders for grant of the Senior Scale are issued by the competent authority.

(ii) Members of the Service to the extent of 20% posts in the cadre were drawing their pay in the existing Selection Grade of Rs. 5900- 6700 as on 1.1.1996. Their pay shall be fixed directly in the corresponding revised Selection Grade of Rs. 18400-500-22400 under these rules.

Note 6.— Where in the fixation of pay under sub-rule (1), pay of a Judicial Officer, who, in the existing scale was drawing immediately before the 1st day of January, 1996, more pay than another Judicial Officer junior to him in the same cadre, gets fixed in the

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revised scale at a stage lower than that of such junior, his pay shall be stepped up to the same stage and from the same date in the revised scale as that of the junior:

Provided that if the pay of a senior Judicial Officer in the-revised scale gets fixed at a stage lower than that of his junior because of the junior drawing his pay in a pay scale as a personal measure to him and not on the strength of the prescribed functional pay for the post held by him, the benefit of up gradation or stepping up to the senior under these rules will not be admissible.

Note 7.— In cases where a senior Judicial Officer promoted to a higher post/scale before the 1st day of January, 1996, draws lesser pay in the revised scale than his junior who is promoted to the higher post/scale on or after the 1st day of January, 1996, the pay of the senior Judicial Officer should be stepped up to an amount equal to the pay as fixed for his junior in that higher post/scale. The stepping up should be done with effect from the date of promotion of the junior Judicial Officer subject to the fulfilment of the following conditions, namely:—

(a) both the junior and the senior officers should belong to the same cadre and the posts in which they have been promoted should be same and in the same cadre;

(b) the pre-revised and revised scale of pay of the lower and higher posts in which they are entitled to draw pay should be same;

(c) the senior officer, at the time of promotion, has been drawing equal or more pay than the junior;

(d) the anomaly should be directly as a result of the application of the provisions of CSR or any other rule or order regulating pay fixation on such promotion in the revised scale. If even in the lower post, the junior officer was drawing more pay in the pre-revised scale than the senior by virtue of any advance increments granted to him, provision of this note need not be invoked to step up the pay of the senior officer.

The order relating to refixation of the pay of the senior officer in accordance with the above provisions should be issued under the relevant provisions of CSR and the senior officer will be entitled to the next increment on completion of his required qualifying service with effect from the date of re fixation of pay:

Provided that the benefit of stepping up to the senior officer under this note will not be applicable if the pay of senior officer is being fixed at a lower stage as a consequence of the junior officer drawing his salary in the pay scale other than the functional pay scale prescribed for the post held by the junior or the junior officer is drawing pay in the identical pay scale as a measure personal to him.

(2) Subject to the provisions of rule 5, if the pay as fixed in the officiating post under sub-rule (1) is lower than the pay fixed in the substantive post, the former shall be fixed at the stage next above the substantive pay.

Date of next increment in the revised scale.—

8. The next increment of a Judicial Officer whose pay has been fixed in the revised scale in accordance with sub-rule (1) of rule 7 shall be granted on the date he would have drawn his increment, had he continued in the existing scale:

Provided that in cases where the pay of a Judicial Officer is stepped up in terms of Note 6 or Note 7 to sub-rule (1) and also second proviso to sub-rule (1) of rule

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7, the next increment shall be granted on the completion of qualifying service of 12 months from the date of stepping up of the pay in the revised scale:

Provided further that in cases other than those covered by the preceding proviso, the next increment of a Judicial Officer, whose pay is fixed on the 1st day of January, 1996, at the same stage as the one fixed for another officer junior to him in the same cadre and drawing pay at a lower stage than his senior in the existing scale, shall be granted on the same date as admissible to his junior, if the date of increment of junior happens to be earlier:

Provided further that in the case of a Judicial Officer, who had been drawing maximum of the existing scale for more than a year as on the 1st day of January, 1996, next increment in the revised scale shall be allowed to him on the 1st day of January, 1996

Fixation of pay in the revised scale subsequent to 31st day of December, 1996.—

9. Where a member of the Service continues to draw his pay in the existing scale and is brought over to the revised scale from a date later than 31st day of December, 1996, his pay in the revised scale shall be fixed under the Punjab CSR Volume I, Part I (as applicable to the state of Haryana) and for this purpose his pay in the existing scale shall have the same meaning as of ―existing emoluments‖ calculated in accordance with sub-rule (1) of rule 7 except that the basic pay to be taken into account for calculation of those emoluments will be the basic pay on the later date aforesaid. The fitment benefit at the rate of 40% of the basic pay in the existing scale will not get added while computing the existing emoluments m these cases.

Fixation of pay on re-appointment after the 1st day of January, 1996 to a post held prior to that date.—

10. A member of the Service who had officiated in a post prior to the 1st day of January, 1996 but was not holding that post on that date and who, on subsequent appointment to that post, draws pay in the revised scale of pay, shall be allowed the benefit of relevant provisions, if any, of the Civil Services Rules, to the extent it would have been admissible had he been holding that post on the first day of January, 1996 and had elected the revised scale of pay on and from that date.

Payment of arrears.—

11. The arrears from 1st January, 1996 till 31st December, 1997, if any, shall be deposited to the corresponding General Provident Fund account of the Judicial Officer with the restriction that the arrear having been deposited on this account will not be allowed to be withdrawn by the Judicial Officer for one year from the date it is so deposited under these rules. The arrears from 1.1.1998 till 31.8.2001, if any, will be paid in cash to the officer concerned.

Explanation.— For the purposes of this rule ―arrears of pay‖ in relation to a Judicial Officer means the difference as a consequence to applicability of these rules between:-

(i) the aggregate of pay and allowances to which he is entitled on account of the revision of his pay and allowances under these rules, for the relevant period; and

(ii) the aggregate of the pay and allowances already drawn by him for that period.

Overriding effect of rules.—

12. The provisions of CSR or any other rules made in this regard shall not, save as otherwise provided in these rules, apply to cases where pay is regulated under these rules to the extent the same are inconsistent with these rules.

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Power to relax.—

13. Where the Government is satisfied that the operation of all or any of the provisions of these rules 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 the case in a just and equitable manner.

Note.— The relaxation so granted under this rule shall be deemed to have been given depending upon the merit of such class and/or categories of Judicial Officer and, therefore, will not amount to any discrimination with other class and categories of Judicial Officer.

Power to make addition or deletion etc.—

14. Where the Government is satisfied that there is a necessity to make additions or to delete any class or categories of posts or change the designations and scales of pay either permanently or temporarily in the First Schedule of these rules, the Government will be competent to add or delete or to change such conditions. The provisions of these rules will apply on such additions or deletions or changes as the Government may direct by specific orders or, in the absence of that, all the provisions of these rules shall apply as if the changes were made under these rules. Interpretation.— 15. If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Government in the Finance Department whose decision there on shall be final. Residuary Provisions.— 16. In the event of any general or special circumstance(s) which is not covered under these rules or about which certain inconsistency comes to the notice at a later stage, the matter shall be referred to the Government and the Government, in consultation with the Finance Department, will prescribe the conditions to be followed under such circumstances, Such conditions as prescribed by the Government under this rule shall be deemed to be part of these rules. Further, if the Government is satisfied that there is a requirement to prescribe certain additional conditions under these rules, the Government shall prescribe such conditions and such additional conditions as prescribed by the Government under this rule shall be deemed to be the part of these rules.

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First Schedule

(See rules 4 and 14)

1 2 3 4

Sr. No.

Service Existing Scale Revised Pay Scale

A. Haryana Civil Service (Judicial Branch)

(i) Time Scale Rs. 2200-4000 Rs. 8000-275-13500 (with an initial start of Rs. 8550/-)

(ii) Senior Scale Rs. 3000-4500 (on completion of 5 years regular and satisfactory service)

Rs. 10000-325-15200 (on completion of 5 years regular and satisfactory service in the time scale)

(iii) Selection Grade Rs. 4100-5300 (for 20% of the cadre on completion of 12 years regular & satisfactory service)

Rs. 14300-400-18300 (For 20% of the cadre of Haryana Civil Service (Judicial Branch) on completion of 12 years regular and satisfactory service)

B. Haryana Superior Judicial Service

Sr. No.

Existing Pay Scales Revised Pay Scales

(i) Rs. 3200-100-3700-125-4700-150-5600 (Time Scale)

Rs. 12000-400-18800 (Time Scale)

(ii) Not Existing

Rs. 16400-450-20000 (Senior Scale for 30% of the cadre of Haryana Superior Judicial Service subject to suitability)

(iii) Rs. 5900-200-6700 (Selection Grade for 20% of the cadre of Haryana Superior Judicial Service)

Rs. 18400-500-22400 (Selection Grade for 20% of the cadre of Haryana Superior Judicial Service)

Notes: 1. Special pay is being drawn by the L.R., Jt. L.R. and the District & Sessions

Judges in the existing scales. The Special Pay will continue to be drawn in respect of these posts at the same rates along with the revised pay scales also till any further orders are issued by the Government in this respect.

2. The number of posts for grant of Selection Grade to the members of Haryana

Civil Service (Judicial Branch) and for grant of Senior Scale and Selection Grade for the members of Haryana Superior Judicial Service shall be calculated on the basis of the prescribed percentage of permanent as well as those temporary cadre posts which have remained in existence for more than three years. Further, while making calculation, the fraction of three and above shall be considered as a whole number.

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SECOND SCHEDULE

(Part - l)

Form of Option

(See Rule 6)

(i) I, _____________hereby elect to draw my pay in the :

*(a) Existing Scale; or

*(b) Revised Pay Scale *(ii) I, _________________, hereby elect the revised scale of pay with effect from 1st of

January, 1996. *(iii) I, ________________ , hereby elect to continue in the existing scale of pay of my

substantive/officiating post mentioned below until :

*the date of my next increment i. e _______________________

*the date I vacate or cease to draw pay in the existing scale, i.e. Existing Scale of Pay:___________________________

Revised Scale of Pay:___________________________

Normal Date of increment: _______________________

Signature: _______________________

Name: __________________________

Designation : _____________________

Office: __________________________

Dated, the ___________________

*To be scored out if not applicable.

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SECOND SCHEDULE

(Part - II)

(Form of Option only for those whose normal date of increment falls on 1st of January, 1996)

(See Note 1 below rule 7)

(I) I, __________________________, hereby elect to draw my increment falling due on

1.1.1996 in the existing scale and thereafter get my pay fixed in the revised scale with effect from 1.1.1996.

Or

(ii) I,____________________ , hereby eject to have my pay fixed with effect from

1.1.1996 on the basis of my basic pay in the existing scale as on 31.12.1995 and to get my increment falling on 1.1.1996 after fixation of pay in the revised scale.

Existing Scale of Pay:___________________________

Revised Scale of Pay:___________________________

Normal Date of increment: _______________________

Signature: _______________________

Name: __________________________

Designation : _____________________

Office: __________________________

Dated, the ___________________

Please score out whatever is not applicable.

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MEMORANDUM EXPLANATORY TO THE HARYANA CIVIL, SERVICES (JUDICIAL BRANCH) AND HARYANA SUPERIOR

JUDICIAL SERVICE

REVISED PAY RULES, 2001

Rule 1 This rule is self-explanatory.

Rule 2 This rule lays down the categories of Judicial Officers to whom the rules apply. Except for the categories excluded under sub rule (2) of rule 2, the rules are applicable to all Judicial Officers appointed under the rule making power of the Government of Haryana serving in connection with the affairs of Government of Haryana and whose pay is debitable to the Consolidated Fund of the State of Haryana. They do not apply to any other categories of officers.

Rule 3 The rule is self-explanatory. Further, wherever the terms defined under this rule are mentioned in these rules or in any other rules/instructions/orders/notifications etc. issued in connection with these rules, definitions as prescribed under this rule are to be taken as the meaning of such terms unless specifically a different definition is prescribed for such terms to be taken as meaning for and in these rules or, as the case may be, in any other rules/instructions/orders/ notifications etc.

Rule 4 Scale of pay is the revised functional pay scale prescribed for the post as a consequence of these rules. The fundamental sense is that these rules prescribe the revised functional pay scale for the services and do not prescribe replacement scales in general. The existing scales, as mentioned in the Schedule of this rule, have been mentioned only with the objective of deriving as to what shall be the revised functional pay scales and for no other purpose.

Rule 5 The intention is that all Judicial Officers should be brought over to the revised scales except those who elect to draw pay in the existing scales. However, the revised pay scales are optional and it has been left open to a member of the Service to either elect to opt for the revised pay scales or continue to retain the existing scales. Those who exercise the option to continue in the existing scales of pay will continue to draw the dearness allowance and interim relief at the rate in force on the 1st day of January, 1996 and such dearness allowance will count towards the emoluments for pension etc. to the extent it is so counted on the said date. If a Judicial Officer is holding a lower permanent post in a substantive capacity and also officiating on a higher post, or whenever officiated in one or more posts on his being on deputation etc., he has the option to retain the existing scale only in respect of one scale. Such a Judicial Officer may retain the existing scale applicable to the permanent post or anyone of the officiating posts. In respect of remaining posts, he will necessarily have to be brought over to the revised pay scale.

Rule 6 This rule prescribes the manner in which option has to be exercised and also specifies the authority to whom such option is to be communicated. The option has to be exercised in the prescribed proforma appended to the rules. It should further be noted that it is not sufficient for a Judicial Officer to exercise the option within the specified time limit, but also to ensure that it reaches the prescribed authority within the time limit officially and in writing on the prescribed proforma. In the case of Judicial Officers who are on leave or on deputation or on foreign service at the time these rules are notified, the period within which the option has to be exercised is three months from the date they take over charge of the post. It is further made clear that unauthorised absence shall not entitle a Judicial Officer to get the relief as granted under these rules for the Judicial Officers who are on leave. The period of

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three months shall be counted from the date on which the sanctioned leave expires. No other exigency shall entitle such Judicial Officers the above said relief.

The Persons, who have retired between 1st January, 1996 and the date of notification of these rules are also eligible to exercise the option.

Rule 7 This rule deals with the actual fixation of pay in the revised functional pay scales on 1st January, 1996 or from the date of option. For the purposes of these rules, the procedure under this rule, and no other procedure under any other rule, shall be followed. A few illustrations indicating the manner in which pay of a member of the Service(s) should be fixed under this rule, subject to the permissible stepping up of pay under notes, in this rule are as follows :-

Illustration - I

‗X‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay in the existing scale of Rs. 2200-4000 at the stage of Rs. 2350/- as on 1.5.95 His pay will be fixed as under :-

Existing Scale: 2200-4000

Revised Scale: 8000-275-13500 (with a higher start of Rs. 8550)

Basic Pay as on 1.1.96: 2350/-

DA on pay as on 1.1.96: 3478/-

IR-I: 100/-

IR-II: 235/-

Existing emoluments: 6163/-

Add 40% of Basic Pay: 940/-

Total: 7173/-

Pay to be fixed: 8550/-

Date of next increment: 1.5.96

Illustration - II

‗Y‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay in the existing scale of Rs. 2200-4000 at the stage of Rs. 2425/- as on 1.9.95. He opts for fixation of pay in the revised scale w.e.f. 1.9.1996 while drawing pay at the stage of 2500/-. His pay will be fixed as under :-

Existing Scale: 2200-4000

Revised Scale: 8000-275-13500 (with a higher start of Rs. 8550)

Basic Pay as on 1.1.96: 2500/-

DA 3700/-

IR-I: 100/-

IR-II: 250/-

Existing emoluments: 6550/-

Add 40% of Basic Pay: 1000/-

Total: emoluments: 7550/-

Stage admissible under rule 7(1)(ii): 8550/-

Benefit under 3rd proviso to rule 7: 275/-

Pay to be fixed: 8825/-

Date of next increment: 1.9.97

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Illustration - III ‗Z‘, a member of Haryana Civil Service (Judicial Branch), was drawing his pay at the stage of Rs. 2275/- in the scale of Rs. 2200-4000 w.e.f. 1.1.95 with the next date of increment on 1.1.96. Depending upon his option under Note 1 below rule 7, his pay can be fixed in either of the two ways. Under option (i) below, he opts to get his increment as on 1.1.96 in the existing scale whereas under option (ii) below, he opts for his increment on 1.1.96 in the revised scale.

Existing Scale: 2200-4000

Revised Scale: 8000-275-13500

Option (i) Option (ii)

Basic Pay as on 1.1.96 2350 2275

DA on pay on 1.1.96: 3478 3367

IR-I: 100 100

IR-II: 235 228

Existing emoluments: 6163 5970

Add 40% of Basic Pay: 940 910

Total 7103 6880

Pay to be fixed 8550 8550

Date of Next Increment on 1.1.96: - 275

Pay on 1.1.96: 8550 8825

Date of next increment: 1.1.97 1.1.97

Illustration - IV ‗A‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay at the stage of Rs. 3625/- in the Senior Scale of Rs. 3000-4500 as on 1.8.95. He opts for revised scale of pay w.e.f. 1.8.96 while drawing pay at the stage of Rs. 3750/-. His pay as on 1.8.96 will be fixed as under :-

Existing Scale: 3000-4500 (Senior Scale)

Revised Scale: 10000-325-15200 (Senior Scale)

Basic Pay as on 1.8.96: 3750

DA as on 1.1.96: 5180

IR-I: 100

IR-II: 375

Existing emoluments: 9405

Add 40% of Basic Pay: 1500

Total: 10905

Pay to be fixed w.e.f. 1.8.1996: 10975

Date of next increment: 1.8.97

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Illustration - V ‗B‘, a member of Haryana Civil Service (Judicial Branch), was drawing his pay at the stage of Rs. 4600/- w.e.f. 1.3.1995 in the Selection Grade of Rs. 4100-5300. His pay as on 1.1.96 will be fixed as under :-

Existing Scale: 4100-5300 (SG)

Revised Scale: 14300-400-18300 (SG)

Basic Pay as on 1.1.96: 4600

DA: 5180

IR-I: 100

IR-II: 460

Existing emoluments: 10340

Add 40% of Basic Pay: 1840

Total emoluments: 12180

Stage admissible under rule 7(1) (ii): 14300 (Minimum of the scale)

Benefit under 3rd proviso to rule 7: 400 (one increment)

Pay to be fixed w.e.f. 1.1.1996: Rs. 14700/-

Date of next increment: 1.3.96

Illustration - VI

‗C‘, a member of the Haryana Superior Judicial Service, was drawing his pay at the stage of Rs. 3600/- in the existing scale of Rs. 3200-5600 w.e.f. 1.7.1995. His pay on 1.1.96 will be fixed as under :-

Existing Scale: 3200-5600

Revised Scale: 12000-400-18800

Basic Pay as on 1.1.96: 3600

DA on pay as on 1.1.96: 5180

IR-I: 100

IR-II: 360

Existing emoluments: 9240

Add 40% of Basic Pay: 1440

Total emoluments: 10680

Stage admissible under rule 7(1) (ii): 12000 (Minimum of the scale)

Benefit under 3rd proviso to rule 7: 400 (one increment)

Pay to be fixed w.e.f. 1.1.1996: 12400

Date of next increment: 1.7.96

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Illustration - VII ‗D‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of Rs. 5450/- in the Time-Scale of Rs. 3200-5600 as on 1.9.95. His pay as on 1.1.96 will be fixed as under :-

Existing Scale: 3200-5600 (Time Scale)

Revised Scale: 12000-400-18800 (Time Scale)

Basic Pay as on 1.1.96: 5450

DA on pay as on 1.1.96: 6050

IR-I: 100

IR-II: 545

Existing emoluments: 12145

Add 40% of Basic Pay: 2180

Total: 14325

Pay to be fixed: 14400/-

Date of next increment: 1.9.96

Note:— Once the pay is fixed in the revised scale under these rules as above, it is likely that

this officer might fall within the 30% cadre zone and hence entitled to be placed in the newly introduced Senior Scale of Rs. 16400-20000 (subject to being found suitable). That being so, his pay from the revised time-scale will be fixed in the newly introduced Senior Scale under the CSR, after orders to this effect are issued by the competent authority, raising his basic pay to Rs. 16400/- with his next date of increment changing to 1.1.97.

Illustration - VIII

‗E‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of Rs. 6100/- in the existing Selection Grade of Rs. 5900-6700 w.e.f. 1.11.95. He opts for revision of pay w.e.f. 1.1.96 while drawing pay at the stage of Rs. 6100/-. His pay with effect from 1.1.96 will be fixed as under :-

Existing Scale: 5900-6700 (Selection Grade)

Revised Scale: 18400-22400 (Selection Grade)

Basic Pay as on 1.1.96: 6100

DA as on 1.1.96: 6660

IR-I: 100

IR-II: 610

Existing emoluments: 13470

Add 40% of Basic Pay: 2440

Total: 15910

Pay to be fixed: 18400/- (Minimum of the Scale)

Date of next increment: 1.11.96

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Illustration - IX ‗F‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of Rs. 6500/- in the Selection Grade of Rs. 5900-6700 as on 1.9.95. His pay as on 1.1.96 will be fixed as under :-

Existing Scale: 5900-6700 (SG)

Revised Scale: 18400-500-22400 (SG)

Basic Pay as on 1.1.96: 6500

DA on pay as on 1.1.96: 6660

IR-I: 100

IR-II: 650

Existing emoluments: 13910

Add 40% of Basic Pay: 2600

Total: 16510

Stage admissible under rule 7(1)(ii): 18400/-

Benefit under 3rd proviso to rule 7: 500/- (one increment)

Pay to be fixed w.e.f. 1.1.96 18900/-

Date of next increment: 1.1.96

Note:— These illustrations given above are only illustrations and may or may not be actually

existing in case of any Judicial Officer. This rule prescribes the fixation of pay in the revised prescribed functional pay scales

for the post (substituting the existing functional pay scales for the corresponding post) as a consequence of the application of these rules. It is not aimed at any other objective e.g. as a consequence of higher responsibility etc. Therefore, wherever the calculated amount, which is to be fixed in the revised functional pay scale, finds an identical stage in the revised functional pay scale, no further upgradation of stage as a consequence of fixation of pay alone is admissible. However, wherever no such identical stage is found in the revised functional pay scale, the pay shall be fixed at the stage next above, with the objective to bring the Judicial Officer in the revised functional pay scale.

The rule further provides that with the objective of bringing the Judicial Officers in the

revised pay scales, wherever the computed amount is less than the minimum of the revised functional pay scale, the pay shall be fixed at the minimum of the revised scale. The rule further prescribes certain additional benefits to be granted in the manner as prescribed over and above the entitled calculated amount which is to be taken into account while fixing pay in the revised functional pay scale to off-set the consequences of bunching and stagnation. Different systems have been prescribed for different categories of circumstances.

Rule 8 This rule prescribes the manner in which the next increment in the new scale should

be regulated. The provisos to this rule are intended to take care of the anomalies of senior Judicial Officers drawing lower pay than their juniors similarly placed by the operation of substantive part of this rule and also taking care of the Judicial Officers who have been drawing pay at the maximum of the existing scale for more than one

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year as on 1.1.1996. However, the benefit of this rule will be granted in relation to both the senior and junior drawing their pay in the functional pay scales prescribed for the post.

Rule 9 The rule is self-explanatory. Rule 10 The rule is self-explanatory. Rule 11 The rule is self-explanatory. The relevant period for the employees who have entered the Judicial Service for the

first time either as by way of direct recruitment or by transfer shall be counted from the date he has so entered in the service.

Rule 12 This rule relates to the overriding effect of these rules which provides that the

provisions of these rules will regulate, and the provisions of any other rule will not regulate, the conditions as prescribed in these rules and to the extent of any inconsistency between the provisions of any other rules, the provisions of these rules shall prevail and apply.

Rule 13 The rule is self-explanatory. There could be a possibility that these rules may cause

some hardship in any particular case or to a class or category of posts. Under such circumstances, the provision of rule is clear that it has to be invoked only if the Government is satisfied about the existence of some hardship which is required to be sorted out. The resolution of such hardship shall be based on the merit of individual cases or the cases of class and categories of officers where such hardship is found to be justified for relaxation. Removal of such hardship would, therefore, not amount to any discrimination with any other class or category of Judicial Officers where such hardship has either not been found to exist or has not been found to be justified for relaxation.

Rule 14 The rule is self-explanatory. Rule 15 This rule is self-explanatory. Rule 16 This rule is self-explanatory.

A. N. MATHUR, Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

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These instructions have become obsolete.

Subject : Regarding counting of service rendered on work-charged basis for the purpose of grant of additional increments on completion of 8/18 years service and the grant of Higher Standard Scales under the said scheme Civil Appeal No. 5740-41 and 6070 of 1997; Nos. 24, 1143 and 5833 of 1998 and Nos. 2649 to 2653 of 1999 titled as State of Haryana Vs. Ravinder Kumar & others.

(copy of U.O. No. 6/61/2001-3PR(FD) dt. 5th October, 2001)

Will the Financial Commissioners and Administrative Secretaries in the Department of PWD (Public Health), PWD(B&R) and the Commissioner & Secretary in the Department of PWD (Irrigation) kindly refer to the subject noted above?

1. Implementation of the orders of the Hon‘ble Supreme Court of India in the above cited cases has been under consideration of the Government of Haryana. While disposing of the State‘s SLP in Civil Appeal No. 13423 of 1996 titled as State of Haryana Vs. Veterinary & A.H.T.S. Association, the Hon‘ble Apex Court allowed the SLPs filed by the State Government and held that adhoc service was not to be counted as regular service for the purpose of grant of Senior Scale & Selection Grade. However, the Hon‘ble Apex Court had de-linked 17 cases of the Work-charged employees while deciding the main case in Civil Appeal No. 13423 of 1996. Subsequently, while deciding these de-linked cases, the Hon‘ble Apex Court took a different view and the SLPs filed by the State Government were dismissed in the main cases i.e. Civil Appeal No. 5740-41 of 1997, titled as State of Haryana and others vs. Ravinder Kumar and others vide its orders dated 31st October 2000. The State Government had filed Review applications in these matters but the same have also been dismissed by the Hon‘ble Apex Court vide its orders dated 03.05.2001.

2. The situation arising out of the dismissal of the Review applications by the Hon‘ble Apex Court came in for discussion in a meeting held at the level of Chief Secretary to Government of Haryana. Keeping in view the different judgements on the same issue of principal, it was decided that the concerned Departments should file SLPs in the Hon‘ble Supreme Court of India in all such cases of work-charged employees against the orders of the Hon‘ble Punjab & High Court so that the position arising out of different judgements on the same principal issue is brought to the notice of the Hon‘ble Apex Court and the Advocate General, Haryana was requested to take all necessary steps required to defend these SLPs so as to bring this situation to the notice of the Government in these matter, keeping the above, they are advised to take action as under :

(i) Implement the orders of the Hon‘ble Punjab & Haryana High Court and the Hon‘ble Supreme Court of India in all such cases of work-charged employees where the SLPs and the Review Application filed by the State Government have been dismissed and the orders of the Hon‘ble High Court have attained finality qua the petitioners in these cases.

(ii) Take requisite steps to file SLPs in the Hon‘ble Supreme Court in all such cases where the same have not been filed in consultation with the Advocate General, Haryana, and seriously follow-up the matters wherever the SLPs have already been filed by holding consultations with the Advocate General, Haryana.

***************

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These instructions have become obsolete.

No. 28/45/2001-5B&C

From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To All the Heads of Departments in Haryana State. Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 8th October, 2001

Subject : GENERATION OF DDO/CCO-WISE STATEMENTS OF EXPENDITURE.

Sir, I am directed to draw your attention towards the subject noted above and to say that as part of the Voucher Level Computerisation of State Accounts, the Accountant General (A&E), Haryana has arranged to supply the following information to all the Controlling Officers through electronic media such as Floppy Disk or CD(ROM) starting with the accounts for July, 2001.

1. DDO wise Expenditure statements.

2. Minor Head Level Expenditure.

3. Sub Head (Scheme) Level Expenditure

4. Object Head Level Expenditure.

2. It is requested that all the Controlling officers under your control be directed to ensure close scrutiny of these monthly statements and proper financial management every month. If there is any further requirement or suggestion, that may be conveyed to the office of Accountant General (A&E), Haryana to enable them to make the VLC Project more useful to the State Govt. It may also be ensured that irregularities pointed out by Accountant General, Haryana are rectified and steps taken to avoid recurrence of such irregularities.

3. The Finance Department may kindly be informed of the action/steps taken in this regard.

Yours faithfully,

Sd/- Supdt. Budget and Committee for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy is forwarded to all the Administrative Secretaries to Govt., Haryana for information & immediate necessary action. Sd/- Supdt. Budget and Committee for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All the Administrative Secretaries to Govt., Haryana.

U.O. No. 28/45/2001-5B&C Dated 8th October, 2001.

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No. 36/2/2k1-WM(6) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Session Judges in Haryana State. Dated, Chandigarh, the 18th October, 2001 Subject : Grant of interest free Festival Advance to Government employees for Diwali

festival during the year 2001-2002. Sir, I am directed to address you on the subject noted above and to say that the State Government has decided to grant an interest free Festival Advance of Rs. 750/- (Seven hundred fifty only) to all class IV Govt. employees in the State who apply for it. 2. The advance will be admissible to permanent/ temporary employees. The advance will also be admissible to adhoc employees who are continuing in service for the last one year and are likely to continue for another four months after furnishing surety of a permanent Government employee. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would in the case of temporary employees allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanees before the close of the financial year 2001-2002. 3. The following conditions should also be observed in sanctioning this advance :-

(i) The Drawing & Disbursing officer concerned, before sanctioning the advance should satisfy himself that the incumbent will continue in service until full recovery of the total amount of the advance is effected.

(ii) The advance will be recovered in four equal monthly installments and the entire advance should be recovered from the pay of the employees before the close of the financial year 2001-2002.

(iii) The advance may be drawn and disbursed on or before 14.11.2001.

(iv) The advance will not be admissible to work charged & contingent paid staff and daily wagers.

(v) The advance should not be granted to those Class IV employees who are on deputation to other Governments/ Corporations and Local Bodies etc.

(vi) If both husband & wife are employed, the advance should be allowed to one of them.

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4. It is requested that the schedule of recoveries should be attached with each bill in the enclosed proforma It is also requested that the detailed accounts of the recoveries of the advance should be maintained by the Drawing and Disbursing Officer which should be reconciled with the office of the Accountant General, Haryana, (A&E) Chandigarh, every month. 5. The expenditure incurred on the Grant of Festival advance may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by the end of December, 2001 in the enclosed proforma-II. 6. The expenditure may be debited to the Major Head "7610 - Loans to Govt. Servants etc. 800 - 0ther Advance (98) Festival Advances (50) Advances (Non-Plan)‖. The recoveries made may be credited to the corresponding receipt head i.e. 7610-Loans to Governments Servant etc. 800 - Other Advances (98) Festival Advances (Receipt). Yours faithfully, Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 36/2/2k1-WM(6) Dated, Chandigarh, the 18th October, 2001. A copy is forwarded to the Accountant General, (A&E) and Audit Haryana Chandigarh for information and necessary action. 2. The expenditure will be debited against grant No. 25 under Major Head "7610-Loans to Govt. Servants - 800 other Advances - (98) Festival Advances (50) (Advances). 3. The detailed account of recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 36/2/2k1-WM(6) Dated, Chandigarh, the 18th October, 2001. A copy is forwarded to all Treasury Officers/Assistant Treasury Officers, Haryana with the request that the date given in the letter may please be strictly followed and no bill be passed after 14.11.2001. The payment made on the basis of the sanction issued by the department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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Copies are forwarded to :- 1. The Financial Commissioner Revenue, Haryana. 2. All the Administrative Secretaries to Govt., Haryana for information and necessary action. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To 1. The Financial Commissioner Revenue, Haryana. 2. The Administrative Secretaries to Govt., Haryana. U.O. No. 36/2/2k1-WM(6) Dated, Chandigarh, the 18th Oct., 2001. A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/Officers on

Spl. Duty/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Ministers/State Ministers/Chief Parliamentary Secy./ Deputy Chairman Planning Board.

U.O. No. 36/2/2k1-WM(6) Dated, Chandigarh, the 18th Oct., 2001. Contd… Encl..

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PROFORMA - I

SCHEDULE OF RECOVERIES

S. No. Name & Designation of employee(s)

Total amount of advance Rs.

Recoveries upto last month of Financial Year 2009-2010 Rs.

1 2 3 4

Amount of advance recovered in this bill Rs.

Total amount of recovered upto date Rs.

Balance Rs. Remarks

5 6 7 8

PROFORMA - II

Name of Department

Name of Office Drawing & Disbursing Officer

Amount of Festival advance granted to the employees Rs.

1 2 3 4

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FINANCE DEPARTMENT

No. 10/6/99-3FR-II

19th October, 2001 To All Heads of Departments; Commissioners of Divisions; AIl the Deputy Commissioners/ SDOs (Civil) in Haryana; Registrar, Punjab & Haryana High Court. Subject : Policy decision regarding higher studies for employees of the State

Government. Sir, I have been directed to invite your attention to the subject mentioned above and to state that the matter regarding higher studies of the in-service State Government employees has been engaging the attention of the Government for some time in the past. 2. The relevant rules and instructions issued by the Government from time to time are as under : (A) Rules : (i) Rule 8.126 of the CSR Vol. Part I read with Appendix 20 contained

in CSR Vol. I, Part II. (ii) Rule 8.137 (iv) of the CSR Vol. I, Part I.

(B) Instructions :

(i) F.D. Pb. No. 255-FR-II-60/3568, dated 12.4.1960; (ii) C. S. Pb. No. 13987-5GS-61/43369, dated 14.12.1961; (iii) C.S. Hr. No. 3712-2GS-72/21209, dated 18.7.1972; (iv) C.S. Hr. No. 5350-GS-II-72/2906 dated 13/16.10.1972; (v) F.D. Hr. No. 1169-5FR-73/15547, dated 20.4.1973; (vi) C.S. Hr. No. 3251-4GS-II/76/12309 dated 13.5.1976; (vii) F.D. Hr. No. 11/77/84-1FR-II, dated 27.5.1985; (viii) F.D. Hr. No. 11/77/84-1FR II, dated 2.4.1987; (xi) F.D. Hr. No. 11/51/89-1FR-II, dated 13.12.1989; (x) F.D. Hr. No. 11/33/98-1FR-II dated 6.10.1999. 3. As per the existing practice, in-service employees are not only sanctioned Extra-ordinary Leave/Study Leave for prosecuting higher studies, but in certain cases, employees are also nominated for higher studies leading to higher level academic degrees against sponsored seats or otherwise in various courses. For example:

An Agriculture Development Officer (ADO) possessing qualifications of B.Sc. in Agriculture is nominated for M. Sc. Degree Course.

A Veterinary Surgeon with B.V.Sc. qualifications is nominated for MVSc. Degree course.

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A MBBS Doctor is nominated for MS/MD Degree course.

A Junior Engineer with Diploma in Engineering is nominated for B.E. Course.

A graduate Engineer is nominated for M.E. Course. 4. Needless to say, all these employees are nominated or selected for these higher degree courses against sponsored seats or open seats respectively, as the case may be. Further, as per the existing practice in the kind of cases cited above, the period of higher studies is not only treated as duty period but the employee is also given full pay and allowances for this period. 5. The above practice has been reviewed and reconsidered. It has been observed that the existing practice of permitting in-service candidates for higher degree courses with full pay and allowances, especially for technical & professional courses, was relevant at a time when there was dearth of highly qualified candidates and the same needed to be encouraged. That situation is no longer relevant today when qualified candidates are available in plenty. It has also been observed that acquisition of a higher academic degree is not only relevant for qualitative improvement of manpower for the employer but it also provides as much value addition to a candidate's personal Curriculum Vitae. 6. Moreover, there is a provision for Study Leave in the Service Rules for the serving employees under which Study Leave up to a maximum period of 24 months 'is admissible on half pay. The period of Study Leave is counted towards service for all other intents and purposes e.g. increments and pension etc. It has been felt that the State Government employees, keen to improve their qualifications while in service, should rather be considered for grant of Study Leave as admissible under the Rules (subject to fulfillment of other criteria) rather than treating such period as duty period with full pay and allowances. 7. Keeping the above in view, it has been decided that :-

(i) The practice of nominating/permitting in-service State Government employees for higher studies on full pay is discontinued forthwith. However, the employees who have already been permitted this facility would be allowed to complete their higher studies in accordance with the terms & conditions provided in the sanction letter.

(ii) While the system of sponsored seats may be continued to be retained and the in-service candidates may be sponsored for the same, however, the employees would have to take study leave for the purpose. Wherever, the duration of such course is more than 24 months, the employee concerned will have to avail the leave of kind due for such period and the combination of leave would be allowed as permissible under the rules.

(iii) In case of those in-service employees where the salary of the substitute is reimbursed by an out-side Body such as UGC (in the case of College and University Teachers for doing Ph.D.), the period may be allowed as leave with full pay and allowances only for the period for which the salary of the substitute is re-imbursed by such Body and the remaining period, if any, will have to treated under the provisions of Study Leave or any other leave of the kind due and permissible under the rules.

8. It has further been decided that efforts should be made by various departments to evolve suitable schemes and systems for in-service training of the State Government employees with a view to updating their skills. These could be in the nature of orientation courses refresher courses staring from one-week to four-weeks duration. For example the

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Engineering Colleges could consider taking up with the Engineering Colleges or Departmental Training Institutions, wherever available, for organizing these capsule courses in identified core areas such as Road Maintenance practices, Construction practices. The Departments of' Agriculture and Animal Husbandry could evolve training packages in consultation with the CCSHAU, Hisar. The Health Department could similarly evolve training packages for various categories of its employees in consultation with the PGIMS, Rohtak and so and so forth.

9. The Schemes so prepared by the concerned Departments should be got approved from the Finance Department giving all requisite details including requirement of funds for this purpose.

Yours faithfully,

Sd/- (Ram Saran)

Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

A copy is forwarded to all the Financial Commissioners & Administrative Secretaries to Government of Haryana; and all the Commissioners & Administrative Secretaries to Government of Haryana for information and necessary action.

Sd/- (Ram Saran)

Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. To

All the Financial Commissioners & Administrative Secretaries to Government of Haryana. All the Commissioners & Administrative Secretaries to Government of Haryana.

U.O. No. 10/6/99-3FR-II Dated, the 19th October, 2001

A copy each is forwarded to the Principal Secretary/Additional Principal Secretary/ OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

Sd/- (Ram Saran)

Deputy Secretary, Finance for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary/OSD/

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/ State Ministers/Chief Parliamentary Secretary, Haryana,

U.O. No. 10/6/99-3FR-ll Dated, the 19th October, 2001.

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No. 34/2/93-WM(3) From The Financial Commissioners & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners & Sub Divisional Officers (Civil) in State of Haryana, All District & Session Judges in Haryana State. Dated, Chandigarh, the 19th October, 2001 Subject : Rate of Interest on deposits in the General Provident Fund and other similar

funds for the financial year 2001-2002. Sir, In continuation of Haryana Government letter of even number dated 1-12-2000 on the above subject. I am directed to say that it has been decided to fix the rate of interest at 9.5% per annum on deposits in the General Provident Fund w.e.f. 1st April, 2001 and also on the accumulations as these stood on 31st March 2001. This rate of interest will remain in force during the financial year 2001-2002., 2. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 34/2/93-WM(3) Dated, Chandigarh, the 19-10-2001 A copy is forwarded to the Accountant General, (Audit and A&E), Haryana Chandigarh for information and necessary action. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 34/2/93-WM(3) Dated, Chandigarh, the 19-10-2001

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A copy each is forwarded to the following for information and necessary action :- 1. Secretary to Governor, Haryana. 2. All the Financial Commissioners & Administrative Secretaries to Government,

Haryana. 3. State Election Commissioner, Haryana 4. Resident Commissioner, Government of Haryana, Haryana Bhawan, New

Delhi. 5. M.Ds. of various Boards/Corpns. in Haryana (IAS Officers only). 6. Hon‘ble Speaker, Haryana Vidhan Sabha. 7. Vice Chancellor of Universities and Directors of Medical Colleges in Haryana

State. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 34/2/93-WM(3) Dated, Chandigarh, the 19-10-2001

A copy each is forwarded to The Principal Secretaries/Private Secretaries to the Chief Minister/Officers on Special Duty/Senior Secretaries/Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board, Haryana for the information of the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board Haryana. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secretaries/Private Secretaries to the Chief Minister/

Officers on Special Duty/Senior Secretaries/Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman Planning Board, Haryana.

U.O. No. 34/2/93-WM(3) Dated, Chandigarh, the 19-10-2001.

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No. 34/2/94-WM(3) From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 19th October, 2001 Subject : Rate of interest to be charged on House Building/Motor Car/Scooter/Motor

Cycle/Moped/Cycle/Computer and Marriage Advance granted to the Govt. employees for the financial year 2001-2002.

Sir, I am directed to refer to the subject noted above and to say that the matter regarding charging of interest on various loans and advances given to the Government employees including AIS Officers has been considered and it has been decided to charge interest on various loans and advances granted/sanctioned during the financial year 2001-2002 at the rates given below :-

1. Cycle Advance 8.5%

2 Motor Car/Motor Cycle/ Scooter/Moped Advance 9.5%

3. House Building Advance 9.5%

4. Marriage Advance 9.5%

5. Computer Advance 9.5%

2. Further, it has also been decided that wherever loans have been/are sanctioned/ granted for the second time in respect of House Building Advance/Motor Car/Motor cycle/ Scooter/Moped/Marriage and Computer, the rate of interest shall be @ 10.5% in all such cases. 3. In case of mis-utilisation of any loan, penal interest @ 10% per annum will be charged from the applicant over and above normal rate of interest. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S. R. MAURYA) Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana. Finance Department.

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No. 34/2/94-WM(3) Dated, Chandigarh, the 19-10-2001 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S. R. MAURYA) Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana. Finance Department. A copy each is forwarded to the following for information and necessary action :- 1. Secretary to Governor, Haryana. 2. All the Financial Commissioner & Administrative Secretaries to

Government, Haryana. 3. State Election Commissioner, Haryana. 4. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. 5. Hon'ble Speaker, Haryana Vidhan Sabha. 6. MDs. of Various Boards/Corpns. in Haryana (IAS Officers only). 7. Vice Chancellors of Universities and Directors of Medical Colleges in

Haryana State. Sd/- (S. R. MAURYA) Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana. Finance Department. No. 34/2/94-WM(3) Dated, Chandigarh, the 19-10-2001 A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/ Deputy Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S. R. MAURYA) Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana. Finance Department. To The Principal Secretary/Addl. Principal Secretary/Deputy Principal

Secretary Officers on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 19-10-2001.

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These instructions have become obsolete.

HARYANA BUREAU OF PUBLIC ENTERPRISES

FINANCE DEPARTMENT

Administrative Department is intimated that if Finance Department (in FD-II Br.) has revised the pay scales of the posts of Librarian and Asstt. Librarian in the Regional Engineering College, Kurukshetra then Finance Department (in FD-II Br.) should also do this for rest of the staff. If the matter has to be referred to the Pay Revision Committee chaired by Financial Commissioner, Finance Department through HBPE, the recommendation for the proposal should come from a committee to be chaired by Secretary, Technical Education and comprising representatives of the Regional Engineering College, Kurukshetra, YMCA Faridabad and HBPE as per the practice followed in Education Department. Sd/- Personnel Advisor, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department. To The Commissioner & Secretary to Govt., Haryana, Technical Education Department. U.O. No. 23/REC/2001/Acctt-II/PE (FD) Dated, Chd., the 24th October, 2001.

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 10/29/90-3PR(FD)

5th November, 2001 To

All Heads of Department; All Commissioners of Divisions, Deputy Commissioners/ S.D.Os. (Civil) in Haryana; The Registrar, Punjab & Haryana High Court, Chandigarh.

Subject : Instructions regarding regulating the grant of Selection Grade to Engineers

and Doctors in pursuance to the judgment pronounced by the Hon‘ble Supreme Court of India in C.A. No. 6585/2000 arising out of SLP (Civil) No. 1463 of 2000 titled State of Hr. & others Vs. Ishwar Singh & others & the orders of the Hon‘ble Pb. & Hr. High Court in CWP No. 8172/90 titled H. R. Dhanjal & others Vs. State of Hr. and others.

Sir, The Government had introduced Senior Scale of Rs. 3000-4500 and Selection Grade of Rs. 4100-5300 on completion of 5 years and 12 years of service respectively for Engineers and Doctors w.e.f. 1.5.89 vide letter No. 6/38/3PR(FD)-87 dated 2.6.89. The said instructions were modified and substituted by another letter of even number dated 16.5.90 wherein the conditions of regular satisfactory service and restriction of 20% of the posts for the selection grade were incorporated. Government instructions dated 16.5.90 were challenged by some of the Engineers and Doctors in the Hon‘ble Punjab & Haryana High Court by way of various Civil Writ Petitions. The Hon‘ble Punjab & Haryana High Court had granted interim stay on the operation of the Government instructions dated 16.5.90. However, the Hon‘ble Supreme Court of India allowed the SLP filed by the State in Civil Appeal No. 6585/2000 titled State of Haryana and others vs. Ishwar Singh & others vide its order dated November 20, 2000. Subsequently, the Hon‘ble Punjab & Haryana High Court has also disposed of various other Civil Writ petitions bearing Nos. 7805, 7941, 7947, 8289, 8307, 8894 of 1990, 6220/1991, 14560/1992, 8922, 11864, 14838 of 1994, 12399/1995, 13222/1996, 16738/1997, 15145/1999, 7307/2000, 556/2001 while deciding the main CWP No. 8172/1990 titled H.R. Dhanjal and others Vs. State of Haryana and others vide its order dated 17.8.2001. The Hon‘ble Supreme Court of India while deciding CA No. 6585/2000 on 20.11.2000 held as follows :- ―Special leave granted.

This in an appeal by the State of Haryana against the judgment of the High Court of Punjab & Haryana dated 23.9.99 in CWP No. 18043/98. The parity in pay was granted to the doctors/respondents category along with Executive Branch, by an order dated 2.6.89 and when Selection Grade posts were also sanctioned at par with the Executive Branch. The order unfortunately did not mention that the Selection Grade posts were restricted to 20% of the posts. This mistake was, however, rectified by an order dated 16.5.90 of the Government with retrospective effect 1.5.89. The High Court has now held that Selection Grade is to be granted without restriction to 20% of the posts in the particular cadre. It is well known that in every department Selection Grade is restricted to certain percentage of the posts such as 20% in the present case. So, merely because the percentage was not mentioned in the earlier order dated 2.6.89, the High

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Court could not have awarded selection grade to every member in the cadre. The High Court should have seen that the mistake in the order dated 2.6.89 was rectified. We, therefore, allow the appeal and set aside the order of the High Court and direct that the Selection Grade scale of Rs. 4100-5300 will be restricted to 20% of the posts in the cadre as provided in the clarification dated 16.5.90.

The appeal is allowed accordingly. There shall be no order as to costs.”

2. The operative part of the judgment dated 17.8.2001 pronounced by the Hon‘ble Punjab & Haryana High Court in CWP No. 8172/90 is also reproduced as under :-

“Resultantly, the writ petition is disposed of with the following directions to the respondents :-

(1) The writ petition so far as it challenges the selection grade of Rs. 4100-5300 after 12 years of regular satisfactory service and limited to 20% of the cadre posts, is without any merit and order dated 16.5.90 to that extent is held valid.

(2) Amount, if actually paid to the petitioners on account of order dated 2.6.89 but before issuance of order dated 16.5.90, shall not be recovered.

(3) The Government shall take a decision within three months from the date of receipt of the order in regard to waiving off the amount qua the petitioners who have since died.

(4) The pension received by the petitioners who have since retired and the family pension received by the legal representatives of the deceased-petitioners shall be refixed in accordance with order dated 16.5.90.

(5) Any dues recoverable from the petitioners, who may have retired or are serving on account of order dated 16.5.90 shall be recovered in easy installments to be fixed by the Government. There shall be no order as to costs.

Sd/- V.K. Jhanji, Judge‖

3. Further, in respect of para 2 (3) above, the Hon‘ble High Court has made the following observations :-

“After hearing the counsel on this aspect of the case, I am of the view that petitioners are not entitled to any equitable consideration. Petitioners are drawing the extra amount because of interim order passed by this court, though the mistake that crept in order dated 2.6.1989 was corrected by issuing order dated 16.5.90. However considering that some of the petitioners may have died and the burden to return the amount may fall on their legal representatives, it would be in the fitness of things if the matter in this regard is left to the State Government to take a decision regarding waiving off the amount already paid to them. As regards the petitioners who may have retired or are serving, they are liable to pay the amount which they continued to receive on account of interim order passed by this court, because the interim order, if any passed, is always subject to the final decision of the writ petition.”

4. Keeping in view the above judgments, the Government has considered the matter and decided as under :-

(i) The amount, if actually paid (emphasis added) to the petitioners on account of order dated 2.6.89 but before issuance of order dated 16.5.90, shall not be recovered. It is clarified here that if the amount for the period 2.6.89 to 16.5.90 has been actually paid subsequent to 16.5.90, the same would be recoverable.

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(ii) For the purposes of recovery of the amount paid in excess of what was due to them in accordance with the instructions dated 16.5.90, it has been decided to treat these cases in four different groups on grounds of equity :-

(a) Those who are in service;

(b) Those who have retired and are in receipt of pension;

(c) Those who have retired and died but family pension is being paid to one of the dependents/heirs; and

(d) Those who may have died and also there is no recipient of family pension.

(iii) The mode and method of recovery in respect of the each of the groups mentioned above has been decided to be made as under :-

(a) Those who are in service:

The amount paid in excess of what was due to them in accordance with the instructions of 16.5.90 may be recovered in 36 monthly installments starting from their salary starting from the month of November, 2001.

(b) Those who have retired and are in receipt of pension:

Keeping in view that they are in receipt of pensions, recoveries may be made from this group of employees in 48 monthly installments starting from the pension from the month of November, 2001.

(c) Those who have retired and died but family pension is being paid to one of the dependents/heirs:

In the cases where the petitioners/officers may have died but family pension is being paid, though there would be no justification for waiving off the recoveries as the family pension is still being paid to such dependents/heirs by the Government, yet the Government, out of special consideration for those in receipt of family pensions and in deference to the observations of the Hon‘ble High Court, has decided to waive off the recoveries in these cases.

(d) Cases where the petitioners/officers may have died and there is no recipient of family pension among the legal heirs:

It has been decided to waive off the amount recoverable in these cases as it may cause acute hardship for the legal heirs of the deceased who are not receiving any pension/family pension on account of the deceased.

5. Accordingly, the Administrative Departments must take requisite action promptly in these cases in the following order :-

(a) Re-fix the pay of all those officers who have been granted Selection Grade in excess of the 20% of the cadre with effect from 1.5.89 in accordance with the instructions dated 16.5.90. The calculation of posts would be made in accordance with the instructions bearing No. 3/2/1PR(FD)/80, dated 24.8.1981.

(b) Re-fix the pension/family pension in respect of those retired from service/deceased on the basis of pay so determined/refixed in accordance with para 5 (a) above.

(c) Calculate the amount recoverable from them on the basis of (a) & (b) above, and make installments in the manner prescribed in para 4 (iii) above.

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(d) Take necessary steps for recovery of the amount from the salaries/pension/of the serving/retired employees as per the schedule mentioned above.

6. The Finance Department (in the Pay Revision Branch) should be informed about the action taken in the matter along with the total amount worked out as recoverable (group-wise) in each department as well as the amount waived off in the process in terms of para 4 (iii) (C & D) above latest by 31.12.2001. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 10/29/90-3PR(FD) Dated, Chandigarh, the 5th November, 2001 A copy is forwarded to the Accountant General Haryana (i) (A&E), (ii) Audit Chandigarh for information. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy is forwarded to :-

1. The Financial Commissioner in Haryana and 2. All the Commissioner & Administrative Secretaries to Government, Haryana for

information & necessary action.

Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To 1. The Financial Commissioner in Haryana and 2. All the Commissioner & Administrative Secretaries to Government, Haryana.

U.O. No. 10/29/90-3PR(FD) Dated, Chandigarh, the 5th November, 2001 A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the Chief Ministers/Officers on Special Duty/Minister/Ministers of State/Chief Parliamentary Secretary/Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of State/Chief Parliamentary Secretary and Parliamentary Secretary. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To

The Principal Secretaries to the Chief Minister Senior Secretaries to Ministers, Secretaries to Ministers and Private Secretaries to Ministers of State and Chief Parliamentary Secretary.

U.O. No. 10/29/90-3PR(FD) Dated, Chandigarh, the 5th November, 2001.

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These instructions alongwith notification were superseded vide No. 8/17/98-2PR(FD) dated 7th May, 2003.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 8/17/98-2PR(FD)

Dated, the 5th November, 2001

To The Registrar, Punjab & Haryana High Court, Chandigarh. The L.R. and Secretary to Government of Haryana, Law Department. All Heads of Departments, All Commissioners of Divisions, All District & Sessions Judges , All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Subject : Revision of pay scales of Judicial Officers in Haryana.

Sir, I am directed to refer to the Haryana Government notification No. GSR20/Const./ Art.309/2001 dated 28.9.2001 issued by the Finance Department vide which the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service Revised Pay Rules, 2001 have been notified. The State Government has revised the pay scales of members of the Judicial Services in Haryana w.e.f. 1.1.96 and also issued instructions with regard to the payment of arrears w.e.f. 1.1.1996 to 31.8.2001 vide its letter bearing No. 8/17/98-2PR(FD) dated the 28th of September, 2001.

2. As you are aware, IR-III was sanctioned for the members of the Judicial Services by the Government of Haryana @ 40% of (Basic Pay + DA as on 1.1.96) w.e.f. 1.7.1996 vide Government instructions bearing No. 4/1/98-1FR-II dated 9th March, 1998. Thus, substantial amount of financial relief, ranging between Rs. 2182/- per month (at the entry point in service) to Rs. 5344/- per month (in the case of a member of the Haryana Superior Judicial Service drawing pay of Rs. 6700/-) was sanctioned by way of grant of IR-III. As a matter of fact, the total amount drawn by a Judicial Officer on account of IR-III from 1.7.96 till 30.6.2001 varies between Rs. 1,30,944/- (in the case of a member of the HCS (Judicial Branch) drawing his pay at the stage of Rs. 2200/- as on 1.1.96) to Rs. 3,20,640/- (in the case of a member of the Haryana Superior Judicial Service drawing his pay at the stage of Rs. 6700/- as on 1.1.96).

3. It was clearly mentioned in the letter dated 9.3.98 sanctioning IR-III that this amount would be fully adjustable in the revised pay scales and further that this amount of IR-III would not be counted for the purposes of pay fixation. The said provision in the letter of 9th March, 1998 is reproduced as follows:

“2. It is also made clear that above benefit is fully adjusted against and included in the package that may become admissible to the Judicial Officers/pensioners/ family pensioners on the final recommendations of the First National Judicial Pay Commission. It is however, made clear that in future if State Government extends the benefit of the recommendations of the Fifth Central Pay Commission to its Judicial Officers, the interim relief hereby granted to such Judicial Officers may appropriately be adjusted.

4. The above instalment of Interim Relief will not count for HRA, Compensatory Allowance, Encashment of Leave and Pay Fixation”.

Since the amount drawn by the members of the Judicial Services on account of IR-III

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is adjustable in the revised pay scales in terms of instructions referred to above, the arrears on account of pay revision from 1.1.1996 till 31.8.2001 would get adjusted to the extent of amount drawn by these officers in lieu of IR-III during this period.

4. Notwithstanding the above, it has been found that members of HCS (Judicial Branch) drawing their pay in the revised time scale and revised selection grade and similarly the members of Haryana Superior Services drawing their pay in the revised time scale, senior scale and the selection grade respectively would be getting substantial amounts by way of arrears for this period.

5. The calculations show that, in any case, all the Judicial Officers would be drawing higher pay during the period 1.1.96 to 30.6.96 and, thereafter, from 1.1.2001 onwards. It is not unlikely that, in a few cases, the total emoluments in the revised pay scales may be lower as compared to those already drawn by them for certain period from 1.7.96 till the same exceed the emoluments, including the III interim relief, in the revised scales. As a result, there may be some amount recoverable for certain period but, in all likelihood, the Judicial Officers will still be getting net arrears in spite of adjustment of the amount drawn in lieu of IR-III. This position is explained through the following illustration :

Date/ Year

Emoluments drawn in the unrevised selection grade of Rs. 4100-5300 from 1.1.96 to 1.1.2001 on account of Basic

pay, DA, IR-I, II and IR-III

Emoluments drawn in the corresponding revised Selection

Grade of Rs. 14300-18300

Difference

As on Basic Pay

Emoluments per month

Total amount

Basic Pay

Emoluments per month

Total amount

for 6 months

Net Arrears/

Recovery

1.1.96 5150 11482 68892 15100 15100 90600 3618

1.7.96 5150 16241 97445 15100 15704 94224 (-)3221

1.1.97 5300 17061 102366 15500 16740 100440 (-)1926

1.7.97 5300 17485 104910 15500 17515 105090 180

1.1.98 5300 17803 106818 15900 18444 110664 3846

1.7.98 5300 18333 109998 15900 19398 116388 6390

1.1.99 5450 19762 118572 16300 21516 129096 10524

1.7.99 5450 20252 121512 16300 22331 133986 12474

1.1.2000 5450 20648 123885 16700 23046 138276 14391

1.7.2000 5450 21002 126012 16700 23547 141282 15270

1.1.2001 to 31.8.2001

5600 21474 171793 17100 24453 195624 23832

Total 1252203 1355670 103467

Amount availed as IR III 260808

Total gain on account of IR III and revision of Scales (1.1.96 to 31.8.2001) 364275

It is clear from the above illustration that even though the officer gets lower emoluments in the revised scales from 1.7.96 till 30.6.97, he gets net arrears of an amount of

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Rs. 1,03,467/- as on 31.8.2001 after adjusting the excess paid for a period of 12 months. There is no net recovery from this officer as on 31.8.2001.

6. However, it has also been observed in the case of some of the HCS (Judicial Branch) officers, drawing their pay in the pre-revised senior scale of Rs. 3000-4500 and whose pay is to be fixed in the corresponding revised senior scale of Rs. 10000-15200, that there might be a situation of net recoveries as on 1.9.2001 after calculating the emoluments in the revised scales for this period from 1.1.1996 to 31.8.2001. This situation is likely to arise particularly in those cases where a member of the HCS (Judicial Br.) had been drawing his pay in the senior scale of Rs. 3000-4500 as on 1.1.1996 and continues to draw his pay in the revised corresponding senior scale of 10000-15200 during the period 1.1.96 to 31.8.2001 without getting the benefit of grant of selection grade during this period. This position is explained through-the following illustration :

Date/Year Emoluments drawn in the unrevised selection grade

of Rs. 3000-4500 from 1.1.96 to 1.1.2001 on

account of Basic pay, DA, IR-I, II and IR-III

Emoluments drawn in the corresponding revised Selection

Grade of Rs. 10000-15200

Difference

As on Basic Pay

Emoluments

per month

Total amount

Basic Pay

Emoluments per month

Total amount

Net Arrears/

Recovery

1.1.96 3200 8356 50136 10000 10000 60000 9864

1.7.96 3200 11882 71294 10000 10400 62400 (-)8894

1.1.97 3300 12514 75084 10325 11151 66906 (-)8178

1.7.97 3300 12910 77460 10325 11667 70004 (-)7457

1.1.98 3400 13440 80640 10650 12354 74124 (-)6516

1.7.98 3400 13916 83496 10650 12993 77958 (-)5538

1.1.99 3500 15104 90624 10975 14487 86922 (-)3702

1.7.99 3500 15524 93144 10975 15036 90215 (-)2930

1.1.2000 3625 15350 92103 11300 15594 93564 1461

1.7.2000 3625 15615 93691 11300 15933 95598 1907

1.1.2001 to 31.8.2001

3750 15988 127906 11625 16624 132990 5084

Total 935578 910680 (-)24898

Amount availed as IR III (1.7.96 to 31.8.2001) 196812

Net recoverable amount in the revised scales as on 1.9.2001 (1.1.96 to 31.8.2001).

24898/-

It is clear from the above illustration that even though the officer gets higher emoluments in the revised scales from 1.1.96 to 30.6.96 and thereafter from 1.1.2000 onwards,

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the emoluments drawn by him in the revised scales from 1.7.96 to 31.12.1999 are lower as compared to what has already been paid to him in the unrevised scales as interim pay during this period. This position has arisen because of the high amount paid on account of IR-III (it was @ Rs. 3174/- per month in this case). The position as it emerges on 31.8.2001 in this case is that an amount of Rs. 24898/- is the net amount recoverable from him.

7. The issue of recovery of the amount paid in excess of what is due to an officer in the revised scales in such isolated cases has been considered by the Government. Even though this amount is fully adjustable in terms of letter sanctioning IR-III, and hence recoverable, the Government, taking a lenient view and purely as a gesture of goodwill, has decided to waive off the net amount that might become recoverable (as in the case of Illustration given under para 6 above) as on 31.08.2001 after calculating the total emoluments in the revised scale w.e.f. 1. 1.1996 to 31.8.2001. The Drawing & Disbursing Officers may take action accordingly. The particulars of the officer(s), existing and revised pay scales, the net amount which became recoverable as on 1.9.2001 and written off under these instructions may be intimated to the Finance Department (in Pay Revision Branch).

Yours faithfully,

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

Endst. No. 8/17/98/2PR(FD) Dated, Chandigarh, the 5th November, 2001

A copy is forwarded to the Accountant General, Haryana (i) (A&E), (ii) (Audit) Chandigarh for information.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy is forwarded to the Home Secretary, Chandigarh Administration, Chandigarh for information and necessary action.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy is forwarded to :-

1. All the Financial Commissioners in Haryana; and

2. All the Commissioners & Administrative Secretaries to Govt., Haryana;

for information & necessary action.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All the Financial Commissioners in Haryana; and All the Commissioners & Administrative Secretaries to Government, Haryana.

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U.O. No. 8/17/98/2PR(FD) Dated, Chandigarh, the 5th November, 2001

A copy is forwarded to the Principal Secretary to the Chief Minister, Senior Secretaries to Ministers. Secretaries to Ministers and Private Secretaries to Ministers of State and Chief Parliamentary Secretary for the information of Chief Minister, Ministers, Ministers of State and Chief Parliamentary Secretary.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

The Principal Secretary to the Chief Minister, Senior Secretaries to Ministers, Secretaries to Ministers and Private Secretaries to Ministers, Ministers of State and Chief Parliamentary Secretary.

U.O. No. 8/17/98/2PR(FD) Dated, Chandigarh, the 5th November, 2001

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No. 4/7/99-4FR-II/1961 From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 19th November, 2001 Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana

Government on revised and unrevised pension/family pension. Sir/Madam, I am directed to invite a reference to letter No. 4/7/99-4FR-II/849, dated 11th June, 2001, on the subject noted above and to say that the Governor of Haryana is pleased to decide that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to compensate them for the rise in the cost of living beyond the average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and revised pension/family pension with effect from 1st July, 2001 to modified as below :-

Rates of Dearness Relief on unrevised pension/family pension

Date from which

payable

Pension/Family Pension Per month

Rate of dearness relief per month

1.7.2001 (i) Not exceeding Rs. 1750/- 262% of the Pension/Family Pension.

(ii) Exceeding Rs. 1750/- but not exceeding Rs. 3000/-.

196% of the Pension/Family Pension subject to a minimum of Rs. 4585/-.

(iii) Exceeding Rs. 3000/- 170% of the Pension subject to a minimum of Rs. 5880/-

Rate of Dearness Relief on revised Pension/Family Pension.

Date on which payable Rate of Dearness relief per month

1.7.2001 45% of Pension/Family Pension

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa. 3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension,

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special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samities or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned. 5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 45% of pension/family pension w.e.f. 1st July, 2001. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner alongwith dearness relief orders. It will now be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 7. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (Ram Saran) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 4/2/98-1FR-II/1811 From The Financial Commissioner & Secretary to Govt., Govt. Haryana, Finance Department. To All Heads of Departments, All Commissioners, Ambala Division, Gurgaon Division, Rohtak Division and Hisar Division. The Registrar, Punjab & Haryana High Court. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Dated, Chandigarh, the 19th November, 2001

Subject : Grant of Dearness Allowance to Haryana Govt. Employees on revised and un-revised scale of Pay.

Sir,

I am directed to invite a reference to this Department circular letter No. 4/2/98-1FR-II/673, dated 31.5.2000 on the subject noted above and to say that the Governor of Haryana is pleased to decide that dearness allowance payable to Haryana Govt. employees shall be enhanced from the existing rates of 43% to 45% of the pay w.e.f. from 1st July, 2001.

2. Those employees who opt to retain the pre-revised scales of pay or drawing pay in the unrevised scale after 1.1.96, the rates of DA in their case from 1st July, 2001 will be the same i.e. 45% as are applicable to the employees who are drawing the revised pay scales. However, while calculating the Dearness Allowance @ 45% in such cases, the following components will be taken into account :-

1. Basic Pay

2. Dearness Allowance applicable on 1.1.96, i.e. 148%, 111% and 96% as the case may be.

3. Interim relief-I

4. Interim relief-II.

3. The arrears on account of enhancement in Dearness Allowance from 1st July, 2001 to 31st October, 2001 in respect of all Govt. employees shall be credited to their General Provident Fund Account. However, the additional instalment of D.A. payable under these orders shall be paid in cash from 1st November, 2001 i.e. for the month of November, 2001 paid in December, 2001.

4. The other provisions regarding payment of dearness allowance contained in FD's letter No. 4/2/98-1FR-II/623, dated 30.4.99 shall continue to be applicable while regulating Dearness Allowance under these orders. Yours faithfully Sd/- (Ram Saran) Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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These instructions have become obsolete.

No. 2/1(2)90-3FR-II From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 23rd November, 2001 Subject : Disbursement of Pay and Allowances/Pension for the month of November,

2001. Sir, I am directed to say that in view of the Gazetted holidays falling on the 30th November, 2001, 1st December and 2nd December, 2001 on account of Guru Nanak Dev Jayanti, Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the November, 2001 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of November, 2001 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries may be drawn and disbursed on the 29th November, 2001.

Yours faithfully, Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 23rd November, 2001 A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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No. 2/1(2)90-3FR-II Dated, Chandigarh, the 23rd November, 2001 A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 23rd November, 2001 A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/ O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secretary. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/O.S.D./

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.

U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 23rd November, 2001.

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FINANCE DEPARTMENT

No. 5/11/2001-5PR(FD)

Dated, the 4th December, 2001

To All Heads of Department;

All Commissioners of Divisions, Deputy Commissioners/ S.D.Os. (Civil) in Haryana; The Registrar, Punjab & Haryana High Court, Chandigarh.

Subject : Regarding effective date for fixation of pay in the ACP scale - clarification

regarding.

Sir, I have been directed to invite your attention on the subject mentioned above and

to state that the matter regarding the effective date for fixation of pay in the ACP scales to the State Government employees has been engaging the attention of the Government for sometime in the past.

2. The relevant rules and instructions issued by the Government from time to time are as under :-

(A) Rules: Haryana Civil Services (ACP) Rules, 1998

(B) Instructions: No. 5/4/2001-5PR(FD) dated 2.3.2001

3. A question has been raised by some of the departments as to whether the ACP scales will be admissible from the date one completes 10/20 years regular satisfactory service or from the first day of the following month. In this regard, it has been decided that following the stipulations contained in the Scheme of Higher Standard Scales and for accounting convenience, the ACP scales will be admissible from the first day of the following month in which a Government employee completes required regular satisfactory service, subject to fulfillment of other conditions. The next date of increment in this case will be under normal rules i.e. under Rule 4.4 read with Rule 4.14(2) of CSR Vol. I, Part I (where admissible). For instance :-

(a) An employee who was recruited as a clerk on 14.2.88, completes his 10 years regular satisfactory service on 14.2.98 and he is drawing a basic pay of Rs. 3575/- in the scale of Rs. 3050-4590. He will be eligible for first ACP scale of Rs. 4000-6000 w.e.f. 1.3.98 @ Rs. 4000/- and his next date of increment will be 1.3.99.

(b) A JBT teacher, recruited as such on 23.7.87, completed his 10 years regular satisfactory service on 23.7.97 and he is in receipt of pay of Rs. 5000/- in the scale of Rs. 4500-7000. He will be eligible for first ACP scale of 5450-8000 w.e.f. 1.8.97 @ Rs. 5450/- and his next date of increment will be 1.8.98.

4. These instructions may be brought to the notice of DDOs working under your control for strict compliance. Yours faithfully, Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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Endst. No. 5/11/2001-5PR(FD) Dated, Chandigarh, the 4th December, 2001 A copy for information and necessary action is forwarded to :-

1. The Accountant General Haryana (i) A&E (ii) (Audit), Chandigarh. 2. The Home Secretary, Chandigarh Administration, Chandigarh. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

(i) All the Financial Commissioner in Haryana, and (ii) The Home Secretary, Chandigarh Administrative Secretaries to Government,

Haryana. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To (i) All the Financial Commissioner in Haryana, and (ii) The Home Secretary, Chandigarh Administrative Secretaries to Government, Haryana. U.O. No. 5/11/2001-5PR(FD) Dated, Chandigarh, the 4th December, 2001. A copy is forwarded to the PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/Private Secretaries to Chief Ministers/Ministers/Ministers of State and Chief Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of State/Chief Parliamentary Secretary and Parliamentary Secretary. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To

The PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary.

U.O. No. 5/11/2001-5PR(FD) Dated, Chandigarh, the 4th December, 2001.

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These instructions have been clarified vide No. 1/37/2001-2PR(FD), dated 09.01.2004.

FINANCE DEPARTMENT

No. 1/37/2001-2PR(FD)

Dated, the 4th December, 2001

To

All Heads of Department, All Commissioners of Divisions, Deputy Commissioners/SDOs (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Subject : Instructions regarding fixation of pay of an employee on his promotion

where the functional pay scale of the feeder post and functional scale of the promotion post are identical.

Sir, I am directed to invite your attention to the subject mentioned above and to say that references have been received from certain Government Departments seeking clarifications regarding fixation of pay of employees on their promotion where the functional pay scale of the promotion post and the functional pay scale of the lower (feeder) post are identical. This problem had arisen primarily with the general revision of pay scales w.e.f. 1.1.86 when the State Government decided to switch over to the Central pattern of pay scales and as a consequence, a large number of then existing pay scales were clubbed and lesser number of revised pay scales were prescribed. The matter was then clarified by the Finance Department vide its instructions bearing No. 1/8/3PR(FD)/88, dated, the 7th March, 1988. 2. The relevant rules and instructions issued by the Government in this respect are as under :- (A) Rules : (i) Rule 4.4 of Punjab CSR Vol. I, Part I (ii) Rule 4.13 of Punjab CSR Vol. I, Part I (B) Instructions :

Haryana Government Finance Department No. 1/8/3PR(FD)/88 dated 7.3.1988.

3. The issue requires consideration in the light of provisions contained in the CSR on this subject. Generally, the pay of employees is fixed in accordance with the provisions contained in Rule 4.4 of CSR Vol. I, Part I, but Rule 4.13 does not permit fixation of pay of an employee at the stage next above on his promotion when the promotion takes place in the identical pay scale. The presumption in the said provision under Rule 4.13 is that though it may be a promotion technically, the duties and responsibilities of the promotion post are not considered to be higher when the feeder post and the promotion post carry identical functional pay scales.

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4. The provisions of Rule 4.13 would have been extremely relevant but for the situation created during the general pay revision effective from 1.1.1986 when the number of pay scales were reduced considerably and such reduction in the number of pay scales resulted in clubbing of two or more pay scales and their replacement with a single revised pay scale. The general pay revision effective from 1.1.1996 has been, by and large, build upon the base created at the time of general pay revision effective from 1.1.86. As a result, the clubbing of pay scales during the general revision of 1986 has a continued effect in the general pay revision of 1996 as well. This continued effect in the pay revision effective from 1.1.96 has resulted in a situation where, in a number of cases identical functional pay scales have been provided for posts and promotion posts whereas the promotion post is definitely carrying higher responsibilities and duties. 5. Keeping the above in view, it has been decided that wherever the functional pay scales of the feeder post and that of the promotion post became identical in the general revision effective from 1.1.86 on account of clubbing of pay scales and such a situation has a continued effect in the general pay revision effective from 1.1.96, the pay of an employee, on his promotion in the identical functional pay scale, should be fixed at the stage next above subject to a certificate from the competent authority that the promotional post carries higher responsibilities and duties. Provided that these instructions will not be applicable in cases where an employee is drawing his pay in the ACP scale(s) which happen to be identical with or higher than the functional scale prescribed for the post as provided in the ACP Rules. 6. The above instructions may be brought to the notice of all the DDOs working under your control.

Yours faithfully,

Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 1/37/2001-2PR(FD) Dated, Chandigarh, the 4th December, 2001 A copy for information and necessary action is forwarded to :-

1. The Accountant General Haryana (i) A&E (ii) (Audit), Chandigarh. 2. The Home Secretary, Chandigarh Administration, Chandigarh. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

(i) All the Financial Commissioner in Haryana, and (ii) The Home Secretary, Chandigarh Administrative Secretaries to Government,

Haryana. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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To (i) All the Financial Commissioner in Haryana, and (ii) The Home Secretary, Chandigarh Administrative

Secretaries to Government, Haryana. U.O. No. 1/37/2001-2PR(FD) Dated, Chandigarh, the 4th December, 2001 A copy is forwarded to the PSCM/Addl. PSCM/OSD/Senior Secretaries/ Secretaries/Private Secretaries to Chief Ministers/Ministers/Ministers of State and Chief Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of State/Chief Parliamentary Secretary and Parliamentary Secretary. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To

The PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary.

U.O. No. 1/37/2001-2PR(FD) Dated, Chandigarh, the 4th December, 2001.

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT Subject : Decisions taken by the Standing Committee constituted for the purpose of

deciding various issues arising out of the Scheme(s) of Revised Pay Scales/CAS in respect of Universities and Colleges.

Will the :-

(i) The Financial Commissioner & Secretary to Govt. of Haryana, Agriculture Department.

(ii) The Commissioner & Secretary to Government of Haryana, Technical Education Department.

(iii) The Commissioner & Secretary to Government of Haryana, Education Department.

Kindly refer to the subject cited above? 2. The decision taken by the Standing Committee constituted for the purpose of various issues arising out of the Scheme(s) of revised pay scale/CAS in respect of Universities and Colleges in its meeting held on 19th September, 2001 held under the Chairmanship of Financial Commissioner & Secretary to Govt. of Haryana, Finance Department are enclosed herewith for further necessary action at your end. Sd/- (Y.S.Malik) Commissioner & Special Secretary for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To (i) The Financial Commissioner & Secretary to Govt.

of Haryana, Agriculture Department.

(ii) The Commissioner & Secretary to Government of Haryana, Technical Education Department.

(iii) The Commissioner & Secretary to Government of Haryana, Education Department.

U.O. No. 7/(1)/99-5FR-I Dated, Chandigarh, the 5th December, 2001. Contd… Encls.

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Subject : Decisions taken by the Standing Committee constituted for the purpose of deciding various issues arising out of the Scheme(s) of Revised Pay Scale/CAS in Respect of Universities and colleges.

Date : 19th September, 2001

Time : 11.00 a.m.

Venue : Room No. 37, 7th Floor, Haryana Civil Secretariat, Chandigarh. A meeting of the Standing Committee was held under the Chairmanship of Sh. A.N. Mathur, Financial Commissioner & Secretary to Govt. of Haryana, Finance Department on 19th September, 2001 at 11.00 a.m. in Room No. 37, 7th Floor, Haryana Civil Secretariat, Chandigarh. Following attended the meeting:-

(i) Sh. P.K. Chaudhary, Commissioner & Secretary, Education Department.

(ii) Sh. R.S. Chaudhary, Vice-chancellor, Kurukshetra University, Kurukshetra.

(iii) Sh. Vinay Kumar, Vice-chancellor, CCSHAU, Hisar.

(iv) Dr. R.K. Chauhan, Vice-Chancellor, Guru Jambheshwar University. Hisar.

(v) Dr. M.P. Gupta, Director Technical Education, Haryana.

(vi) Dr. S.P.S. Dahiya, Registrar, M.D. University, Rohtak.

(vii) Y.S. Malik, Commissioner & Special Secretary, Finance Department.

The Committee considered various issues, as contained in the agenda notes and circulated in advance, arising out of the Pay Revision/Career Advancement Schemes introduced for Teachers in the Universities & Colleges, in the Agricultural University, Engineering Colleges and the Technical institutions. After detailed deliberations and discussions, following decisions were taken :- 1. Applicability of Guidelines/instructions issued by different Apex Bodies

(I) While the pay scales for the University and College Teachers have been revised broadly following the scheme laid down by the UGC, those in the case of CCSHAU, Hisar have been revised in accordance with the guidelines prescribed by ICAR and in case of Technical Institutions by AICTE. These apex bodies have issued various clarifications for implementation of the Pay Revision Schemes, of which Career Advancement Scheme constitutes an integral part. Some of these clarifications are at variance with one another.

(II) It was decided to adopt and follow the following principles :-

(i) Subject to approval by the State Government, the Scheme, guidelines

and clarifications issued by the University Grants Commission (UGC) from time to time in connection therewith will be considered for application in connection with the affairs of (i) Kurukshetra University, Kurukshetra and its affiliated colleges, (ii) M.D. University and its affiliated colleges, and (iii) the Guru Jambheshwar University, Hisar.

(ii) Similarly, again subject to approval by the State Government, the guidelines prescribed/recommended by the All India Council for Technical Education (AICTE) will be followed in the case of Engineering Colleges and Technical Institutions in the State in connection with the pay scales, qualifications of teaching staff, selection/promotion procedures, academic matters or other specific issues.

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(iii) Thirdly, subject to approval by the State Government, the Scheme, guidelines and clarifications issued by the ICAR from time to time will be applicable in so far as the CCSHAU/Hisar is concerned.

(III) Once having decided as above, it was resolved that the above principles

would be followed strictly. The general stream universities will not be allowed to adopt the guidelines issued by the ICAR or followed by the CCSHAU only on the ground that some of those may be more beneficial than the UGC guidelines on the same subject. The same would hold good vice-versa.

2. Date of implementation of the Career Advancement Scheme and other benefits

i.e. the cutoff date:

(I) Keeping in view the clarifications issued by the UGC, the Ministry of Human Resource Development (MHRD) and the Indian Council for Agriculture Research (ICAR) after the Scheme was initially notified by the UGC/MHRD/ICAR, it was decided that the cut-off date for implementation of the Career Advancement Scheme and other related benefits would remain as 27.7.98. Even though the cut-off date in respect of the Engineering Colleges/Technical Institutions has been communicated as 09.10.1998 by the All-India Council for Technical Education (AICTE), it was decided to keep 27/07/98 as the cut-off date in respect of AICTE covered institutions in the state of Haryana. While all cases of promotions of teachers prior to this date have to be processed under the old Career Advancement Scheme (CAS), those on or after 27.07.98 would be decided in terms of the stipulations laid down under the Revised Schemes.

(II) The Vice-Chancellor, CCSHAU/Hisar informed that about 90 cases of promotions of teachers had been processed and benefits given treating the cut-off date as 01.01.1996 in CCSHAU before the clarifications regarding the cut-off date of 27.7.98 were received. It was observed that the University was bound by the guidelines/clarifications issued by the ICAR from time to time and it could not choose to adopt and act only upon such of the subsequent clarifications as were found to be more beneficial for the teachers. The University will have to review all such cases, withdraw the benefits already given and effect recoveries. It was made clear that the Standing Committee could not recommend or decide separate yardsticks for different institutions, especially where the issues in question were common. However, It was left open to the Vice-chancellor to discuss the issues of various modalities to be followed separately, if he so wished.

3. Counting of service in feeder cadres for placement in the higher/promotional

grades.

(I) Para 11 of the Scheme notified by the Education Department vide its letter dated 8.12.2000 deals with the subject of Career Advancement. Salient features of Career Advancement Scheme effective from 27.7.98 are as under:-

―11. (i) Minimum length of service for eligibility to move into the grade of Lecturer (Senior Scale) would be four years for those with Ph.D., five years for those with M.Phil and six years for others at the level of Lecturer and for eligibility to move into the Grade of Lecturer (Selection Grade)/Reader, the minimum length of service as Lecturer (Senior Scale) shall be uniformly five years.

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(ii) For movement into grades of Reader and above, the minimum eligibility criterion would be Ph.D. Those without Ph.D. can go up to the level of Lecturer (Selection Grade).

(iii) A lecturer will be eligible for placement in the senior scale of

Rs. 10000-15200, if she/he has completed 6 years of service after regular appointment, with relaxation as provide in para 11(i).

(iv) A lecturer (Senior Scale) will be eligible for placement in the

Selection Grade of Rs. 12000-420-18300 if she/he has completed five years of service in the senior scale.

12. Every lecturer in the senior scale working in the universities will be eligible for promotion to the post of Reader in the scale of Rs. 12000-18300 if he/she has completed five years of service in the senior scale. (Provided he/she is a Ph.D).

15. Professor (Promotion) In addition to the sanctioned posts of Professors, which must be filled in

through direct recruitment through all India advertisements, promotions may be made from the post of Reader to that of Professor after 8 years of service as Reader.

16. Cut off Date: The above Career Advancement Scheme for college and university

teachers shall become effective w.e.f. 27.07.98.

17. (inserted in the Scheme vide Education Department letter dated 07.02.2001)

(v) If the number of years required in a feeder cadre are less than

those stipulated in the notification, thus entailing hardship to those who have completed more than the total number of years in their entire service for eligibility in the cadre, the teacher may be placed in the next higher cadre after adjusting the total number of years.

―This situation is likely to arise as in the earlier scheme, the

number of years required in feeder cadre were much more than those envisaged under this notification.‖

(II) Further, the UGC has conveyed to the Registrars of Universities vide its letter dated 5th October, 2000 as under :

―The Commission has decided that 8 years service as Reader in the scale of Rs. 3700-5700 (Revised Rs. 12000-18300) must remain the minimum eligibility for consideration of promotion from Reader to the post of Professor under Career Advancement Scheme‖.

Similar clarification has been issued by the ICAR vide its letter bearing No. F.No. 21-10/99-Per.IV dated 19th April, 2001.

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(III) The addition of para 17(v) as circulated by the Government in Education Department vide its memo No. 1/1/99 Edu.I(1) dated 27.02.2001 has given rise to some doubts about computation of the service in the feeder cadres for the purposes of grant of promotional grades. It is being felt in certain sections that provisions under Para 17(v) have an over-riding effect over the provisions contained in paragraphs 11, 12 and 15 above even though Education Department has further clarified vide its letter No. 1/1/99 Edu.I(1) dated 21.03.2001 as follows :-

“in addition to the sanctioned position of Professors, which must be filled in through direct recruitment through all India advertisements, promotions may be made from the post of Reader to that of Professor after 8 years of service as Reader in the pay scale of Rs. 3700-5700 (Revised Rs. 12000-18300).”

(IV) In view of the above, it has been considered essential to clarify and explain the issues involved in the matter. A reading of the paragraphs produced above lead to the following general conclusions:-

(a) Para 17(v) is not relevant/applicable in case of Teachers who have joined service with the Ph.D. on or before 27.07.1994 with M. Phil on or after 27.07.1993 and without Ph.D. on or after 27.07.1992.

(b) Para 17(v) is not applicable to Readers/Associate Professors seeking promotion as Professors under the Career Advancement Scheme in view of the subsequent clarification date 5th October, 2000 issued by the UGC and also followed by the ICAR. Thus it is clear that in order to be considered eligible for promotion as a Professor with the New Career Advancement Scheme, the teacher must have completed 8 years service as a Reader/Associate Professor in the scale of 3700-5700 (unrevised)/ 12000-18300 (revised).

(Note : The Higher Education Commissioner would take up the matter with the UGC/MHRD regarding the date of title of promotion as Professor-Whether it takes effect from the date of teacher completes eight years service as a Reader or from the date his case for promotion is approved by the competent authority.)

(b) Para 17(v) is also not applicable to the teachers whose case have been considered for grant of Selection Grade and who have been granted Selection Grade under the Career Advancement Scheme of 1986 i.e. with effect from a date prior to 27.7.98.

(V) Having considered the issues and implications involved in each of these

propositions in depth, and with the above stipulation, the Committee decided on following principles to be followed by the Higher Education Department in the Government/Universities/Colleges and other Institutions wherever these revised schemes are applicable. Subject to fulfilment of all other conditions and requirements for grant of Senior Scale/Selection Grade :-

(a) the case of teachers, who are without Ph.D. or M. Phil. for grant of

Senior Scale/Selection Grade are to be considered on completion of total eligible service of 6/11 years or as on 27/07/98, whichever is later.

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(b) the cases for grant of Senior Scale/Selection Grade to these teachers who have joined service with Ph.D. qualification are to be considered on completion of total eligible service of 4/9 years as on 27/07/98 whichever is later.

(c) the cases of teachers, who join service with M.Phil. for grant of Senior Scale/Selection Grade are to be considered on completion of a total of 5/10 years service or as on 27/07/98 whichever is later.

(d) The most contentious issue is in respect of those teachers who complete/acquire Ph.D. Degree while in service. In the first instance, as regards the material date for completion of Ph.D., it has been decided that it will be as per the clarification issued by the Education Department vide DHE Memo. No. 7/2-2000-C-IV(3) dated 30.01.2001 to say that it means the date of issue of notification to the effect of completion of Ph.D. Secondly, the issue regarding the date of entitlement of grant of Sr. Scale/Selection Grade in this category of cases was discussed in detail. It was observed that the main guiding factor in such cases was to test the old cases on the touchstone of the revised scheme of CAS. The intention behind giving benefit of service rendered in feeder cadres could not be interpreted to mean that in the old cases, a benefit higher than what is admissible under the new CAS could be given while deciding the old cases. Hence, a conscious decision has been taken that the eligibility date in these cases should be decided following the method explained as under:

(i) A lecturer, who completes Ph.D. within four years of joining the service, could be considered eligible for grant of Selection Grade on completion of 9 years total service or as on 27/07/98, whichever is later.

(ii) A lecturer, who completes Ph.D. after 4 years service but before 5 years, could be considered eligible for grant of Selection Grade after completion of service of 9 years + the period taken beyond four years for completion of Ph.D. or as on 27/07/98, whichever is later.

(iii) A lecturer, who completes Ph.D. anytime beyond five years service could be considered eligible for grant of Selection Grade on completion of total ten years service + the period taken for completion of Ph.D. beyond five years subject to a maximum of 11 years total service or as on 27/07/98, whichever is later.

(iv) A lecturer, who completes Ph.D. after completion of 6 years service could be considered eligible for grant of Selection Grade on completion of total 11 years service or as on 27/07/98, whichever is later.

All the Universities/Colleges should fix/re-fix the date of grant of Sr. Scale/ Selection Grade under the Scheme in the manner explained above. Some illustrations are given in Annexure ‗A‘ to further explain the principles enunciated above so as to leave no scope for any doubt/ambiguity in the matter.

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4. Stepping-up of Pay :

(I) There is no provision in the Scheme issued by the Agriculture Department on the issue of stepping-up whereas the same forms a part of the Notification issued by the Education Department. However, keeping in view the subsequent clarifications issued by the ICAR, these issues are common to all the institutions and, hence, the decisions taken herein will be applicable in all the institutions in this respect.

(II) Annexure V to the Scheme as notified by the Education Department vide its

letter dated 8.12.2000 contains the formula for fixation of pay in the revised pay scales. Note 4 and 5 under Para II of Annexure V are relevant in this case. These paragraphs are reproduced as follows :

“4. Wherein the fixation of pay under sub clause II above, pay of a teacher, who in the existing scale was drawing immediately before the 1st day of January, 1996 more pay than another teacher Junior to him in the same category, gets fixed in the revised scale at a stage lower than that of such Junior, his pay shall be stepped up to the same stage in the revised scale as that of the Junior.

5. In cases, where a senior teacher promoted to a higher post before the 1st day of January, 1996 draws less pay in the revised scale than his Junior who is promoted to the higher post on or after the 1st day of January, 1996, the pay of the senior teacher should be stepped upto on amount equal to the pay as fixed for his Junior in that higher post. The stepping up should be done with effect from the date of promotion of the Junior teacher subject to the fulfilment of the following conditions, namely :

(a) both the Junior and the senior should belong to the same category

and the post in which they have been promoted should be identical in the same category.

(b) The pre-revised and revised scales of pay of the lower and the higher posts in which they are entitled to draw pay should be identical.

(c) The Senior teacher at the time of promotion has been drawing equal or more pay than the junior.

(d) The anomaly should be directly as a result of the application of provisions of fundamental Rule 22 or any other rule or order regulating pay fixation on such promotion in the revised scale. If even in the lower post the junior officer was drawing more pay in the pre-revised scale than the senior by virtue of any advance increment granted to him provision of this note need not be invoked to step up the pay of the senior teacher.”

(III) The language of para 4 reproduced above makes it clear that it deals with

cases of teachers in employment before 01/01996 and not those where one is appointed before 01/01/96 and the other is appointed after 01/01/96.

(IV) The general guiding principle for stepping up is provided in para 5(d)

reproduced above. It is clear that no stepping-up is admissible in cases where

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the pay of the junior teacher becomes higher than that of the Senior on account grant of advance increments at any stage.

(V) The manner in which the provisions of stepping-up should be applied is explained with the help of illustrations given in enclosed Annexure ‗B‘. However, for the purposes of clarity, lecturers and equivalents in the time scale would constitute one cadre/category, lecturers in the Senior Scale and equivalents would constitute another (second) cadre/category, and Lecturers in the Selection Grade/Readers and equivalents would constitute the third cadre/category.

5. Regarding grant of advance increments in lieu of Ph.D./M. Phil. at the time of

appointment/ in service.

(I) Provisions regarding grant of advance increments are as under :

(i) Every lecturer with Ph.D. or M. Phil., be it in the University or College, gets four and two advance increments respectively at the time of initial appointment.

(ii) One increment will be admissible to those teachers with M. Phil. who acquire Ph.D. within two years of recruitment.

(iii) A lecturer with Ph.D. will be eligible for two advance increments when he/she moves into Selection Grade/Reader.

(iv) The benefit of two advance increments in lieu of Ph.D. degree will be available to teachers who acquire Ph.D. degree in their service career on or after 01/01/96 (now to be read as ―on or after 27.07.1998‖ in terms of clarification issued by the ICAR and UGC respectively). However, the increments would be admissible from the date of award of the Ph.D. degree (This stands clarified by the Government in the Education Department vide DHE Memo No. 7/2-2000-C-IV(3) dated 30.01.2001 to say that it means the date of issue of notification to the effect of completion of Ph.D.) or 27.7.98, whichever is later.

(II) Before the above cases are discussed, following would also merit attention:

(i) The ICAR has clarified vide its letter dated 28.03.2001 that this incentive will be admissible w.e.f. 27.7.98. The UGC has followed suit and clarified vide its letter No. F-5-3/2000 (PS) dated 31st August, 2001 addressed to Registrar, Kurukshetra University, Kurukshetra, ―that teachers who acquired Ph.D. during service prior to 01.01.1996 and who were not given the benefit of any advance increments as per the earlier Career Advancement Scheme may now be given the benefit of two advance increments. These shall, however, be applicable from 27.7.98.‖ Thus the effective date from which this benefit is admissible is 27.7.98 and not ―on or after 01.01.1996‖ as mentioned in para I(iv) above. Hence, the provision in the Scheme notified by the Education Department on 8.12.2000 should be deemed to have been modified to this extent.

(ii) Further, the clarification issued by the ICAR, in consultation with the Union Finance Ministry, stipulates that the incentive for grant of two increments is not admissible in case where Ph.D. is a necessary/ minimum eligibility condition for recruitment/appointment. Though a clarification to this effect has not been issued by the UGC so far, the

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Committee decided to adopt the same for all institutions as this view had been taken by the Union Ministry of Finance (again a common factor) while considering the issue. Ph.D. is an essential qualification for promotion as a Reader (in KUK, MDU, GJU), Associate Professor (in HAU), and Assistant Professor in the Engineering Colleges. And for the posts of Professors in all Universities and Engineering Colleges whereas it is not so in case of Lecturers (Selection Grade) in the Degree Colleges. This implies that in the case of Universities, a lecturer completing Ph.D. during service after grant of Selection Grade will not be entitled to grant of two advance increments on this account as Ph.D. is an essential qualification for the post of Reader/Associate Professor/Assistant Professor and above.

(III) Decisions in respect of provisions mentioned in para (I) above are as follows:

(i) As regards para 5(I) (i) the provisions do not call for any explanations/ clarifications.

(ii) The point mentioned under para 5(I) (ii) above is clarified that if a lecturer, who Joins service with M. Phil, completes Ph.D. within two years of Joining, he would be entitled to one increment but if the lecturer completes Ph.D. after two years of Joining service, he will not be getting any increments on this account. The rationale is that the said teacher has already been given the benefit of two advance increments at the time of Joining in lieu of M.Phil.

(iii) As regards para 5(I) (iii), it is clarified that the cut-off date for the grant of this incentive will also be on or after 27.7.98. In cases where the dates of completion of Ph.D. and that of grant of Selection Grade are simultaneous on a particular date on or after 27.7.98, the teacher will be entitled to only two advance increments in the Selection Grade on account of movement into Selection Grade with Ph.D. His increments on account of in-service Ph.D. would get subsumed in this case. In effect, it means that the teacher has actually completed Ph.D. while being in the Senior Scale and be gets two increments in the Senior Scale on this account. As a next step, he is granted Selection Grade and his advance increments in the Senior Scale get subsumed while fixing his pay in the Selection Grade. And then, he gets two increments in the Selection Grade on account of movement into the Selection Grade with Ph.D. if the Selection Grade is granted on or after 27.7.98 under the new CAS.

(iv) Para 5(I) (iv) provides that benefit of two advance increments will be available to teachers who acquire Ph.D. Degree in their service career on or after 01/01/96. Following decisions have been taken in this respect:

(a) The expression ―on or after 01.01.1996‖ is to be read as ―on or

after 27.07.1998‖ in terms of clarifications issued by the ICAR and UGC respectively.

(b) The Scheme provides that the increments would be admissible from the date of award of the Ph.D. degree. This stands clarified by the Government in the Education Department vide DHE Memo. No. 7/2-2000-C-IV(3) dated 30.01.2001 to say that it means the date of issue of notification to the effect of completion of Ph.D.

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(c) It has been decided that this incentive will be admissible to all the teachers provided the post held by them on the aforesaid date of [27.7.98] (or the date of Ph.D. Degree if it falls after 27.7.98) does not require them to have a Ph.D. as a must/minimum eligibility condition for recruitment/appointment/promotion. Ph.D. constitutes an essential qualification for the post of a Reader in the general Universities/Associate Professor in the CCSHAU/Assistant Professor in the Engineering Colleges, for the post of Principal of a College and Professors in all institutions. That being so, teachers in the Universities and Engineering Colleges would not be entitled to the grant of two advance increments on account of completion of Ph.D. during service after he has been granted the Selection Grade.

(d) Following from the decision as mentioned sub-para (c) above, it

has also been decided that a lecturer (Selection Grade) in a Degree College will not be entitled to the grant of this incentive after he has been granted the Selection Grade for the following reasons:

* It would not be in order to place a lecturer (Selection Grade)

in a College in a position of greater financial advantage as compared with a Lecturer (Selection Grade) in the Universities.

* The Revised Scheme of pay scales has an in-built provision for giving a Jump of two increments to every non-Ph.D. teacher (who does not move into Selection Grade with Ph.D. and hence does not get two increments at the initial stage of fixation of pay in the Selection Grade) after placement in the Selection Grade on completion of five years service in the Selection Grade when he is actually drawing pay at the stage of Rs. 14100/- and his pay is fixed at the stage of Rs. 14940/-

* Grant of this incentive, after the teacher has been placed in the Selection Grade, would amount to according a premium on lethargy and an incentive for not doing Ph.D. at an early stage of one‘s career. But for this stipulation, it would be most advantageous for a teacher financially to complete his Ph.D. after his pay is fixed at the stage of Rs. 14940/- (in the Selection Grade). This is borne out from the fact that a teacher who joins service with Ph.D. gets four advance increments for a period of four years along with two years advantage for grant of Senior Scale, one who completes the same after grant of Senior Scale, he draws the advantage of two advance increments for a maximum period of less than ten years (less than five years in the Senior Scale and five years in the Selection Grade) but one who completes Ph.D. after having been fixed at the stage of Rs. 14940/- (which happens on completion of 16 years service) he would enjoy the financial gain for a period of more than 14 years i.e. till his superannuation. And this is not the intention of the Scheme.

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Keeping the foregoing in view, the Standing Committee was of the considered view that the Higher Education Commissioner should approach the UGC/MHRD to seek a clarification in the matter raising all the issued pertinent in the matter as discussed above. While the decision on this issue would be subject to review at a later stage if the clarifications received from the UGC/MHRD are contrary to the decision taken by the Committee, it has been decided that pending a clarification in the matter, cases should be decided on the lines decided by the committee i.e. that no advance increments would be admissible for completing Ph.D. during service after a teacher has been granted the Selection Grade.

(e) A related issue could arise as to whether a teacher would be entitled to grant of two increments under the provision of ―movement into Selection Grade/Reader with Ph.D.‖ in case he completes Ph.D. after the grant of Selection Grade. The answer is in the negative because the teacher is not Ph.D. at the time he/she moves into Selection Grade in this case.

(f) It has further been decided that where a teacher has completed Ph.D. during service and has been granted Senior Scale/Selection Grade under the old CAS (i.e. prior to 27.7.98), he will be entitled to two advance increments in lieu of Ph.D. during service with effect from 27.7.98. In the case of those teachers who have completed Ph.D. during service and have been granted Selection Grade under the old CAS, they will start getting the benefit of two increments for in-service Ph.D. w.e.f. 27/07/98 but they will not get the benefit of two increments on account of movement into Selection Grade with Ph.D. this is because the provision to this effect was not a part of the old CAS under which he was granted the Selection Grade. To further clarify, only one benefit of two increments would be admissible to such teacher w.e.f. 27/7/98

(g) In the case of teachers who Joined service with Ph.D. and who were granted Selection Grade under the old CAS and who were not entitled to the benefit of fixation of pay at the stage of Rs. 14940/- on or before 27.7.98, they will not be entitled to the benefit of two advance increments w.e.f. 27.7.98 on account of movement into Selection Grade with Ph.D. The rationale is that they have already enjoyed the benefits of advanced increments in lieu of Ph.D. at the time of joining service, enjoyed the Senior Scale at an advanced point in time and the problem of higher pay of the Junior teachers would be over the moment their pay is fixed at the stage of Rs. 14940/-

(IV) The principles for administering the Scheme of grant of advance increments have been delineated above. These are further explained with the help of illustrations as contained in Annexure ‗C‘.

6. Regarding advance increments on the recommendations of the Selection Committee :

(I) The Vice-chancellor, GJU/Hisar raised this issue i.e. in certain cases, the Selection Committees had recommended grant of advance increments at the

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time of selection of candidates for various posts. These increments had been recommended while the pay was still being drawn in unrevised scales, say between 01.01.1996 and the respective dates of notification of revised scales. The issue is as to whether these increments should be in the revised scales or unrevised scales.

(II) The matter was discussed in detail and following decisions were taken :-

(i) In the case of advance increments recommended in cases where

selections were made on or after 01.01.1996, such advance increments would be admissible in the revised scales.

(ii) In cases, where the interviews were held prior to 01.01.1996, the

candidates joined in the institutions on or before 31.12.95 and availed of the advance increments, may be even for a single day, these would get subsumed while fixing his pay in the revised scales as on 01.01.1996.

(iii) However, take a case where the selections were made, say on

23.12.1995, two candidates were selected and the Selection Committee had recommended advance increments in both the cases. Appointment letters were issued, say on 27.12.95. One of them joined on 29.12.95 and the other person joined, say on 02.01.1996. In the first case, advance increments would get subsumed while fixing his pay in the revised scales as on 01.01.1996 while, in the second case, the increments would be admissible in the revised scales. The Committee was conscious of the hardship it would result in for the candidate joining on or before 31.12.95, yet the Committee observed that such fortuitous circumstance were bound to arise around the cut-off dates and could not be helped as a matter of principle.

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ANNEXURE ‗A‘ Subject : Counting of Service in feeder cadres for placement in the higher/ promotional

grades.

Illustrations : Note of caution: It has been stated in the illustrations that ‗X‘ would get his Senior Scale/Selection Grade on _____ date. This statement in all the illustrations is subject to such lecturer meeting all other criteria laid down for assessment e.g. qualifying eligible service, satisfactory appraisal reports, Orientation/Refresher Courses etc. etc. (A) Those with Ph.D. at the time of joining service : The cases for grant of Senior Scale/Selection Grade are to be considered on

completion of total service of 4/9 years respectively or as on 27/07/98, whichever is later.

(1) ‗A‘ joined as a Lecturer with Ph.D. on 1.7.84. He was granted Senior Scale of

Rs. 3000-5000 on 1.7.89 (three years benefit under the Career Advancement Scheme of 1986). He completed 8 years service in Senior Scale as on 01.07.1997. His case for grant of Selection Grade would be covered under the CAS of 1986 and he does not get any benefit under the new CAS which has a cutoff date as 27.7.98.

(2) ‗B‘ joined as a Lecturer with Ph.D. on 1.7.90. He was granted senior scale of

Rs. 3000-5000 on 1.7.95 after completion of five years service (three years benefit due to Ph.D. under the Career Advancement Scheme of 1986). Even though, he would complete 5 years service in Senior Scale as on 01.07.2000 yet the benefit of relaxation of feeder service under para 17(v) will be admissible to him and he would be eligible for grant of selection grade on completion of total 9 years service. Thus, subject to fulfilment of other criteria, he would be eligible for grant of selection grade as on 1.7.99.

(3) ‗C‘ joined as a Lecturer with Ph.D. on 1.7.87. He was granted senior scale of

Rs. 3000-5000 on 1.7.92 on completion of five years service (three years benefit in lieu of Ph.D. under the Career Advancement Scheme of 1986). Though he completed 5 years service in the Senior Scale as on 01.07.1997, yet he would be eligible for grant of Selection Grade w.e.f. 27.7.98, that being the cutoff date for introduction of new CAS.

(B) Those with M. Phil. at the time of joining service : The cases for grant of Senior Scale/Selection Grade are to be considered on

completion of a total of 5/10 years service respectively or as on 27/07/98, whichever is later.

(1) ‗X‘ joined as a Lecturer with M. Phil. on 1.7.87. He was granted Senior Scale

of Rs. 3000-5000 on 1.7.94 (one year benefit in lieu of M. Phil, under the CAS of 1986). He would complete 5 years service in the Senior Scale as on 30.6.99. However, the benefit of relaxation in feeder cadre service would be admissible to him under para 17(v). Since he would have completed a total of more than 10 years service as on 27.7.98, he would be eligible for grant of

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Selection Grade w.e.f. 27.7.98. Thus, he would be eligible for grant of Selection Grade by giving him the benefit of relaxation in the requisite 5 years of service in the feeder cadre of Senior Scale under para 17(v).

(2) ‗Y‘ joined as a Lecturer with M.Phil. on 1.7.91. He was granted Senior Scale of

3000-5000/10000-15200 on 1.7.98 under the CAS of 1986 (one year benefit in lieu of M.Phil degree). He would be completing five years service in the Senior Scale on 30.06.2003. However, he will be eligible for grant of Selection Grade as on 01.07.2001 (i.e. on completion of total 10 years service) even though he was completed only three years service in the Senior Scale as on this date. This is because he would be given the benefit of relaxation in feeder cadre service under para 17(v) and would be eligible for grant of Selection Grade on completion of total service of 10 years (five years under the new CAS for grant of Senior Scale for those with M.Phil. and another 5 years in the senior scale for grant of selection grade.)

(C) Those who complete Ph.D. during service :

(1) ‗X‘ joined as a Lecturer without Ph.D. on 1.7.88. In normal course, he would have been entitled to be considered for grant of senior scale on completion of 8 years service i.e. on 01.07.1996. However, he completed his Ph.D. as on 30.10.95 and was as such granted senior scale w.e.f. 01.11.1995 under the CAS of 1986 (benefit on account of Ph.D. in this case is available only to the extent of 9 months). He would complete five years service in the senior scale as on 30.10.2000. However, the benefit under para 17(v) would be admissible to him and he would be eligible for grant of selection grade on completion of total 11 years service i.e. with effect from 1.7.99.

(2) ‗Y‘ joined service as a Lecturer without Ph.D. as on 1.4.88. He was granted

senior scale on 01.04.1996 on completion of eight years service under the CAS of 1986. The teacher also completed Ph.D. on 31.10.1997. Provisions of para 17(v) would be applicable in his case and he would be entitled to grant of selection grade with effect from 1.4.99 on completion of 11 years total service.

(3) ‗Z‘ joined service as a Lecturer on regular basis with M.Phil, as on 01.04.1988.

He was granted Senior Scale on 01.04.1995 on completion of seven years service under the CAS of 1986 (benefit of one year in lieu of M.Phil.) He also completed Ph.D. as on 01.10.1997 i.e. in the 9th year of service. However, the benefit under para 17(v) would be admissible to him and he would be eligible for grant of selection grade on completion of total 10 years service under the new CAS. Since the cut-off date for the new CAS is 27.7.98, he would be eligible for grant of selection grade as on 27.07.98 even though he completed 10 years service on 1.4.98.

(D) Lecturers without M.Phil. or Ph.D. There is no ambiguity regarding those who are without Ph.D. or M. Phil. Their cases

for grant of Senior Scale/Selection Grade are to be considered on completion of total service of 6/11 years or as on 27.7.98, whichever is later.

(1) ‗X‘ joined as a Lecturer on 1.10.1986. He was granted Senior Scale on 1.10.94

on completion of eight years service under the CAS of 1986. He will be

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completing five years service in the Senior Scale as on 1.10.1999. The benefit of para 17(v) will be admissible to him and he will be eligible for grant of Selection Grade on completion of a total 11 years service. In this case, he completes 11 years service on 1.10.1997, a date when the new CAS is not in existence. He will, thus, be considered for grant of Selection Grade under the new CAS with effect from 27.07.1998.

(2) ‗Y‘ joined service as a lecturer on 1.7.90. He was granted Senior Scale on

completion of 8 years‘ service on 1.7.98 under the old CAS of 1986. He will complete 5 years service in the Senior Scale as on 30.06.2003 under the new CAS and would have been eligible for grant of Selection Grade on this date but for the provisions of para 17(v). Had he been recruited after introduction of the new scheme, he would have been eligible for grant of Selection Grade on completion of total 11 years service including 5 years service in the senior scale. Therefore, now, he will be eligible for grant of Selection Grade as on 01.07.2001 i.e. by way of relaxation in the requisite number of years service in the feeder cadre and would be eligible for the same on the day he completes 11 years service in total.

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ANNEXURE ‗B‘

Illustrations regarding Stepping-up of pay and illustrations thereon 1. Cases of the teachers appointed before 01.01.1996

(a) ‗A‘ joined on 01.12.94 with Ph.D. in the pay scale of Rs. 2200-4000 and was drawing Basic Pay of Rs. 2500/- as on 31.12.95. His pay was fixed at the state of Rs. 8275/- in the revised scale of Rs. 8000-13500 with effect from 01.01.1996 with the next date of increment being 01.12.1996 and raising his basic pay to Rs. 8500/- as on 01.12.1996. Another teacher ‗B‘ is appointed on 01.03.95 and he is also Ph.D. ‗B‘, thus junior to ‗A‘, was drawing a basic pay of Rs. 2425/- in the pay scale of Rs. 2200-4000 as on 1.3.95. His pay was also fixed at the stage of Rs. 8275/- as on 01.01.1996 in the revised scale of Rs. 8000-13500. However, his next increment would be due on 01.03.1996 and he would start drawing a basic pay of Rs. 8500/- with effect from 01.03.1996 thereby creating a case of anomaly arising out of pay fixation. This would be a valid case of stepping up for ‗A‘. The basic pay of teacher ‗A‘ will be stepped up to Rs. 8500/- as on 01.03.1996, the day his junior‘s pay becomes higher, with his next date of increment also shifted to 01.03.97.

(b) ‗C‘ joined as a Lecturer without Ph.D. on 01.03.93 and was drawing a basic

pay of Rs. 2350/- in the scale of Rs. 2200-4000 as on 1.3.95. His pay was fixed at the stage of Rs. 8000/- in the revised pay scale Rs. 8000-13500 as on 01.01.1996 which further got raised to Rs. 8275/- as on 01.03.1996 on account of annual grade increment. Another lecturer ‗D‘, with Ph.D., joined on 01.03.95. He was drawing a basic pay of Rs. 2425/- (three advance increments in lieu of Ph.D.) as on 31.12.95 and his pay was fixed at the stage of Rs. 8275/- as on 01.01.1996 in the revised pay scale of Rs. 8000-13500 which got further raised to Rs. 8550/- as on 01.03.1996 on account of annual grade increment. Thus ‗C‘ was senior to ‗D‘ but was drawing lower pay than his junior in the pre-revised scale also. Since the pay of the junior was higher on account of advance increments, and continued to be higher even with effect from 01.01.1996, the pay of the senior will not be stepped-up in this case.

2. Cases of teachers promoted to higher posts before 01.01.1996

(a) ‗X‘ joined as a lecturer with Ph.D. on 01.06.90. He was granted Senior Scale on 01.06.95 and his pay was fixed at the stage of Rs. 3000/- in the pay scale of Rs. 3000-5000 on 01.06.95. Again, his pay was fixed at the stage of Rs. 10,000/- on 01.01.1996 in the revised scales. His pay further got raised to Rs. 10325/- on 01.06.1996, to Rs. 10650/- on 01.06.97, Rs. 10975/- on 01.06.98 on account of annual grade increments in the scale of Rs. 10000-15200. He would be eligible for grant of Selection Grade as on 01.06.99 under the new CAS (on completion of total 9 years service) and his pay will get fixed at the stage of Rs. 12840/- (Rs. 12000 + 840) in lieu of two increments on account of movement into Selection Grade with Ph.D.)

On the other hand, ‗Y‘ joined as a lecturer on 01.07.90 without Ph.D. He

was thus junior to ‗X‘. He completed Ph.D., say, on 20.08.95 and was awarded Senior Scale with effect from 20.08.95. His pay was fixed at the stage of Rs. 3000/- in the scale of Rs. 3000-5000 on that day. His pay was again fixed at the stage of Rs. 10,000/- in the revised scale of Rs. 10000-15200 as on

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01/01/96. His pay would be raised in Rs. 10325/- Rs. 10650/- and Rs. 10975/- as on 01/07/96, 01/07/97 and 01/07/98 respectively on account of annual grade increments. He would be entitled to grant of two increments in lieu of Ph.D. during service w.e.f. 27.7.98 raising his pay to Rs. 11625/- w.e.f. 27.7.98. Further, he will be eligible for grant of Selection Grade on 21/8/2000 (on completion of service of ten years + one month and 20 days under the new CAS). His pay will get fixed at the stage of Rs. 12840/- (Rs. 12000/- + 840) towards two increments on account of movement into Selection Grade with Ph.D.

Thus the pay of the junior teacher gets fixed at a higher stage than that

of the senior teacher as on 27/07/98. However, the benefit of stepping up will not be admissible to ‘X‘ in this case in view of provision in para 5(d). The rationale is that ‗X‘ had already enjoyed three advance increments in lieu of Ph.D. for a period of five in the time scale whereas the pay of ‗Y‘ becomes higher on account of grant of two advance increments for doing Ph.D. during service under the new Scheme ‗X‘ cannot be granted this benefit twice. Moreover, ‗X‘ gets Selection Grade at an earlier point in time and he starts drawing higher pay vis-à-vis his junior with effect from the day of grant of Selection Grade i.e. 01/06/99.

(b) ‗C‘ joined as a lecturer on 01/12/90 with Ph.D. He was granted three advance

increments in lieu of Ph.D. and his pay was fixed at the stage of Rs. 2425/- in the scale of Rs. 2200-4000. He was granted Senior Scale on completion of five years service as on 01/12/95 under the old CAS. His pay was fixed at the stage of Rs. 10000/- in the revised scale of Rs. 10000-15200 as on 01/01/96 which got further raised to Rs. 10325/- as on 01/12/96, Rs. 10650/- as on 01.12.1997, Rs. 10975/- as on 01.12.1998 in lieu of annual grade increment. He would be eligible for grant of Selection Grade with effect from 01/12/99 under the new CAS on completion of nine years service. His pay will get fixed at the stage of Rs. 12840/- as on 01/12/99 as he is moving into Selection Grade with Ph.D.

On the other hand, ‗D‘ also joined as a lecturer on 01/12/90 but without

Ph.D. and was junior to ‗C‘. His pay was fixed at the minimum of the scale i.e. Rs. 2200/- on that day. He completed his Ph.D. on 30/4/95. As a result, he was granted Senior Scale w.e.f. 01/12/95 on completion of five years service under the old CAS and his pay was fixed at the initial stage of Rs. 10000/- as on 01/01/96 in the revised pay scale of Rs. 10000-15200 which further got raised to Rs. 10325/- on 01/12/96, Rs. 10650/- as on 01/12/97 on account of annual grade increments. He would further be eligible for grant of two advance increments w.e.f. 27/07/98 for completing Ph.D. during service, raising his basic pay to Rs. 11300/- w.e.f. 27/07/1998 and Rs. 11625/- w.e.f. 1/12/98 on account of annual grade increment. He would be eligible for grant of Selection Grade on 01/12/99 under the new CAS on completion of 9 years service as he completed Ph.D. within four years of joining service. His pay will get fixed at the stage of Rs. 12840/- on 01/12/99 as he moves into Selection Grade with Ph.D. (Rs. 12000/- + 840 towards two increments on account of movement into Selection Grade with Ph.D.).

Thus the pay of the junior teacher gets fixed at the stage of Rs. 11300/-

w.e.f. 27/7/98 whereas the pay of the Senior as on this date is Rs. 10650/-. Similarly, the senior is drawing a pay of Rs. 10975/- w.e.f. 01/12/1998 whereas

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the junior starts drawing pay of Rs. 11625/- on this date. However, the benefit of stepping up will not be admissible to ―C‖ in this case as he has drawn the benefit of three advance increments in lieu of Ph.D. for a period of five years at the time of joining service whereas ‗D‘ draws that benefit only for a period of about 16 months. Both of them start drawing equal pay from the date of grant of Selection Grade i.e. 01/12/99 in this case and the so-called anomaly ceases to continue from this date.

3. Case of two teachers, one appointed before 01.01.1996 and the other appointed after 01.01.1996.

(a) ‗A‘ joined as a Lecturer (with Ph.D.) before 01.01.1996, say on 15th March, 1994, and he was drawing a basic pay of Rs. 2500/- in the pre-revised scale of Rs. 2200-75-4000 on 31.12.1995 (three increments in lieu of Ph.D. under the old Scheme). His pay would be fixed at the stage of Rs. 8275/- in the revised scale (on 01.01.1996) of Rs. 8000-275-13500. His pay further got raised to Rs. 8550/- as on 01/03/96 on account of annual grade increment.

On the other hand, ‗B‘ (with Ph.D.), appointed after 01.01.1996, say on 01.07.1996, would be getting an initial pay of Rs. 9100/- (due to grant of 4 advance increments in the revised scale of Rs. 8000-275-13500 under the revised Scheme) as on 01.07.1996.

Thus, a lecturer appointed in March, 1994 (with Ph.D.) and thus senior, will be drawing a basic pay of Rs. 8550/- as on 01.07.1996 whereas his junior will be getting a basic pay of Rs. 9100/- on this date. The question is whether the pay of ‗A‘ would be stepped up equal to that of ‗B‘. The answer is ‗No‘. The rationale lies in the following :

* The case is not covered under the guidelines of stepping-up. Note 4 or 5 (which deal with provisions for stepping-up) do not envisage any relief for persons falling under this category. The anomaly has not arisen on account of pay fixation. It would have been an anomaly if both ‗A‘ & ‗B‘ were in service as on 01.01.1996 whereas ‗B‘ has joined service after the pay revision and gets four advance increments on account of introduction of a new scheme of pay scales. Hence, it is a fortuitous situation.

* One of the grounds, rather the main ground, for stepping-up of pay is rooted in the concept of loss on a perpetual basis. In this case, it is not so as ‗A‘, in the first instance, has enjoyed three advance increments from 15.3.94 till 31.12.95. Further, ‗B‘ would be drawing higher pay only temporarily as ‗A‘ would be entitled to get the Senior Scale w.e.f. 27.07.98 and would start drawing higher pay than ‗B‘ whereas ‗B‘ would be eligible for the Senior Scale with effect from 01.07.2000.

(b) ‗X‘ joined as a lecturer without Ph.D. on 15.6.94 with his next date of increment as on 01.06.95. He was drawing a basic pay of Rs. 2275/- as on 31/12/1995 and his basic pay was fixed at the initial stage of Rs. 8000/- in the revised scale of Rs. 8000-13500 as on 01.01.1996. His basic pay rose to Rs. 8275/- as on 01.06.1996 on account of annual grade increment.

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‗Y‘ joined as a lecturer (with Ph.D.) on 01.04.1996. He was thus junior to ‗X‘ but his basic pay was fixed at the stage of Rs. 9100/- in the time scale of Rs. 8000-13500 on account of four advance increments in lieu of Ph.D.

Thus the pay of the junior became higher than that of the senior However, the benefit of stepping up would not be admissible in this case as the pay of the junior is higher on account of advance increments granted in lieu of Ph.D.

4. Case of teachers, one promoted before 01.01.1996 and the other

promoted after 01.01.1996.

(a) ‗A‘ joined as a lecturer with Ph.D. on 01.07.82 and was granted Senior Scale on 01.07.87 when his pay was fixed at the stage of Rs. 3000/- in the pay scale of Rs. 3000-5000. He was further granted Selection Grade on 01.07.95 (on completion of another 8 years in the Senior Scale) and his pay was fixed at Rs. 3825+50 (pp) in the scale of Rs. 3700-5700. His pay was further revised w.e.f. 01.01.1996 and fixed at Rs. 12000/- in the revised scale of Rs. 12000-18300. He would be drawing pay at the stage of Rs. 12420/- as on 01.07.1996, Rs. 12840/- as on 01.07.97, Rs. 13260/- as on 01.07.98 and Rs. 13680/- as on 01.07.99, He would not be entitled to any advance increments on account of movement into Selection Grade with Ph.D. as the Selection Grade was granted under the old CAS. His pay will be fixed at the stage of Rs. 14940/- with effect from 01.07.2000 i.e. on completion of five years in the Grade.

‗B‘ joined as a Lecturer without Ph.D. on 01.07.83 and was awarded Senior

Scale on 01.07.91 and his pay was fixed at Rs. 3000/- in the scale of Rs. 3000-5000. He completed Ph.D. during service i.e. on 20.10.95. As such, he was granted Selection Grade w.e.f. 01.07.1996 under the old CAS and his pay was fixed at the stage of Rs. 12000/- on this day. He was getting pay of Rs. 12420/- as on 01.07.97, and Rs. 12840/- as on 01.07.98. He would be entitled to grant of two advance increments for completing Ph.D. during service w.e.f. 27.07.98 raising his pay to Rs. 13680/- as on 27.07.1998 whereas the pay of his Senior ‗A‘ is Rs. 13260/- as on this date. ‗B‘ would continue to draw higher pay than that of ‗A‘ till 30.06.2000 but ‗A‘ would again start drawing higher pay than ‗B‘ with effect from 01.07.2000. Thus the pay of ‗B‘ becomes higher temporarily on account of grant of advance increments and thus the pay of ‗A‘ will not be stepped up in this case.

(b) ‗X‘ joined as a Lecturer with Ph.D. on 01.07.85 and was awarded Senior Scale

on 01.07.90 and his pay was fixed Rs. 3000/- in the scale of Rs. 3000-5000. He was granted Selection Grade on 01.07.98 under the old CAS. His pay was thus fixed at the stage of Rs. 12000/- w.e.f. 01.07.98, further raising his pay to Rs. 12420/- w.e.f. 01.07.99, Rs. 12840 w.e.f. 01.07.2000, and Rs. 13260/- w.e.f. 01.07.2001 on account of annual grade increments in the scale of Rs. 12000-18300. Further, his pay will be fixed at the stage of Rs. 14940/- w.e.f. 01.07.2003 as he would be completing five years in the grade on that date.

‗Y‘ joined as a lecturer without Ph.D. on 01.09.85 and was granted Senior

Scale on 01.09.93 when his pay was fixed at the stage of Rs. 3000/- in the pay scale of Rs. 3000-5000. He completed Ph.D. on 30.10.97 and was granted Selection Grade on 27.07.98 under the new CAS. His pay was fixed at the

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stage of Rs. 12840/- (on account of grant of two increments on account of movement into Selection Grade with Ph.D.) w.e.f. 27.07.98. However, he will reach the stage of Rs. 14940/- as on 01.08.2003 whereas the Senior ‗X‘ would start drawing this pay w.e.f. 01.07.2003. However, the pay of the junior became higher vis-a-vis the senior with effect from 27.7.98 and the junior would keep on drawing higher pay till 01.07.2003.

The question is as to whether stepping-up would be admissible in this case.

The answer is no. Rationale lies in the fact that (i) the Senior had drawn benefit of higher pay in lieu of Ph.D. at the initial stage in service, (ii) then got Senior Scale three year in advance on account of Ph.D. and enjoyed the same for this period, and lastly (iii) because the anomaly is for a temporary period arising on account of grant of advance increments and would be taken care of at the time of fixation on of pay at the stage of Rs. 14940/-.

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ANNEXURE ‗C‘

Illustrations regarding grant of advance increments in lieu of completion of Ph.D. in service

Example 1 : A college lecturer joined service as such on 1.6.80. He was not a Ph.D. at the time of joining service. He was granted Senior scale on completion of 8 years service under the Career Advancement Scheme of 1987 as on 1.6.88. Further, the teacher acquired Ph.D. Degree during service, say on 30th June, 1994. On acquiring the Ph.D. Degree, the teacher also became eligible for grant of the Selection Grade and the Selection Grade was granted to him on 1st July, 1994. His case would be dealt with as under :

(i) Basic Pay as on 1/6/88 on grant of Sr. Scales Rs. 3000/- in the scale of Rs. 3000-5000.

(ii) Basic Pay as on 01/07/94 in Senior Scale Rs. 3625/-

(iii) Basic Pay as on 01/07/94: Rs. 3700/- in the Selection Grade of Rs. 3700-5700.

(iv) His pay is revised on 01.01.1996 in the Revised Selection Grade of 12000-18300 and the pay is fixed at Rs. 12000/-

(v) He is allowed two increments in this scale in lieu of his having acquired Ph.D. Degree in service with effect from 27.07.98. He will not get any benefit of two increments on account of ‗movement into selection grade with Ph.D.‘ as the Selection Grade was granted to him under the old scheme where this benefit was not admissible.

Example 2 : A Lecturer joined service on 1/6/83 without Ph.D. He was granted the Senior Scale on 1/6/91 on completion of 8 years services in the time scale and his pay was fixed at Rs. 3000/-. His pay was fixed in the corresponding revised scale of Rs. 10000-325-15200 at the stage of Rs. 10,325/- on 01.01.1996. He completed Ph.D. Degree on 31.03.1996. He would be eligible for grant of Selection Grade on 12000-18300 as on 01.06.1996 (under relaxation admissible under the old CAS). His pay gets fixed at Rs. 12000/- in the pay scale of Rs. 12000-18300 as on 01.06.1996. He would be entitled to grant of two increments in lieu of completion of Ph.D. during service w.e.f. 27.7.98. Example 3 : A College Lecturer joins service on 1.6.92. He acquires Ph.D. Degree on 31.03.1996 and is granted Senior Scale w.e.f. 01.06.97 under the old CAS and his pay is fixed at the stage of Rs. 10,000/- in the scale of Rs. 10000-15200. He further gets two increments in the Senior Scale of Rs. 10000-15200 as on 27.7.98. He becomes eligible for grant of Selection Grade w.e.f. 01.06.2001 on completion of 9 years service as he completed Ph.D. within four years of joining. His pay would get fixed at the stage of Rs. 12840/- on this date as he moved into Selection Grade with Ph.D. Example 4 : ‗A‘ joins University Service as a lecturer on 15.07.94 without Ph.D. and his pay is fixed at the stage of Rs. 2200/- in the pay scale of Rs. 2200-4000. He is drawing pay at the

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stage of Rs. 8275/- with effect from 01.07.1996 on account of annual grade increment. He acquires Ph.D. degree on 30.10.1996 and would be entitled to grant of Senior Scale w.e.f. 27.07.98 under the new CAS, the situation in this case will be under :-

(i) Basic Pay as on 26.07.98: Rs. 8825/- in the scale of Rs. 8000-13500. (ii) Grant of two advance increments w.e.f. 27.7.98 in lieu of Ph.D. during service,

thereby raising his Basic pay to Rs. 9375/- in the pay scale of Rs. 8000-13500. (iii) Grant of Senior Scale as on 27.7.98 under the new CAS and fixation of pay at

the stage of Rs. 10,000/- in the senior scale of Rs. 10000-15200. Thus, in effect, he will not be getting two advance increments with effect from 27.07.98 in the Senior Scale in lieu of Ph.D. and his pay is fixed at the stage of Rs. 10,000/- in the Senior Scale. Thus this is because, technically, he is first granted two increments in lieu of Ph.D. in the time scale and then he is granted Senior Scale on the same day. Thus his two increments in lieu of Ph.D. get subsumed at the time of grant of Senior Scale. However, at the time of grant of Selection Grade with effect from 15.07.2003, his pay will get fixed at the stage of Rs. 12840/- on account of movement into Selection Grade with Ph.D. Example 5 : ‗A‘ joined University Service as a lecturer on 15.7.88 without Ph.D. and his pay was fixed at the stage of Rs. 2200/- in the pay scale of Rs. 2200-4000. He is granted Sr. Scale on 15.07.1996 on completion of 8 years service under the old CAS. He completed Ph.D. during Service as on 30.6.98. He would be entitled to grant of two increments w.e.f. 27.7.98 in the Senior Scale on account of completion of Ph.D. during service. Further, he would be entitled to grant of Selection Grade w.e.f. 27.7.99 on completion of 11 years service and his pay would be fixed at the stage of Rs. 12840/- on account of movement into Selection Grade with Ph.D. in the Selection Grade/Reader‘s Scale of Rs. 12000-18300. Example 6 : A lecturer (without Ph.D.) gets Selection Grade as on 27.7.98 on completion of more than 11 years‘ service. He completes Ph.D., say, on 30.10.99 i.e. after the grant of Selection Grade. He will not be entitled to grant of any increments on this account for completion of Ph.D. after grant of Selection Grade. However, in the case of University, he would be entitled to the designation of Reader on completion of Ph.D. In the case of Colleges, he would continue to be a Lecturer (Selection Grade). The lecturer would be entitled to fixation of pay at the stage of Rs. 14940/- on completion of five years in the Selection Grade. Example 7 : A lecturer (without Ph.D.) was granted Selection Grade on 30.10.95. His pay was fixed at the stage of Rs. 14940/- on 30.10.2000 on completion of five years in the grade. He completes Ph.D. on 31.03.2001. Will he be entitled to two advance increments at the stage? The answer is ‗No‘. As per the decision taken, one is not entitled to grant of increments in lieu of Ph.D. during Service after grant of Selection Grade.

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Stages of Pay Scales

Stage 8000-275-13500 10000-325-15200 12000-420-18300

Initial 8000 10000 12000

First 8275 10325 12420

Second 8550 10650 12840

Third 8825 10975 13260

Fourth 9100 11300 13680

Fifth 9375 11625 14100

Sixth 9650 11950 14520

Seventh 9925 12275 14940

Eighth 10200 12600 15360

Ninth 10475 12925 15780

Tenth 10750 13250 16200

Eleventh 11025 13575 16620

Twelfth 11300 13900 17040

Thirteenth 11575 14225 17460

Fourteenth 11850 14550 17880

Fifteenth 12125 14875 18300

Sixteenth 12400 15200

Seventeenth 12675

Eighteenth 12950

Nineteenth 13225

Twentieth 13500

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FINANCE DEPARTMENT

No. 7/12/2001-3FR-II

Dated, Chandigarh, the 5th December, 2001

To

All the Administrative Secretaries in Haryana, All Head of Departments in Haryana, Commissioners, Ambala/Hisar/Gurgaon/Rohtak, Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All Managing Directors/Chief Administrators of Boards/ Corporations in Haryana. Subject : Rates of daily allowances effective from 24.09.2000 for duty journeys in foreign countries. Sir, The rates of Dearness Allowance admissible on foreign visits in respect of different countries have been notified by the Government of India in respect of Government servants undertaking foreign journeys vide its instructions dated 1.12.2000 applicable w.e.f. 24.9.2000. These rates of DA do not include any element towards cost of accommodation and transport for official journeys.

The Chief Executives of the PSUs were hitherto claiming per diem rates at variance with those prescribed by the Government of India for the Government officers. They were drawing per diem allowance in terms of the RBI instructions of August 6, 1994 which are actually applicable in respect of the per diem ceiling for the purposes of drawal of foreign exchange.

Keeping in view the Government of India instructions dated 24.9.2000, it has been decided that the DA rates entitlement for the Chief Executives and not to the DA entitlement officers of PSUs shall also be the same as applicable to the Government officers and as per the rates notified by the Government of India vide its letter dated 1.12.2000. You are requested to take action accordingly.

Detailed set of instructions and guidelines in respect of foreign journeys are under preparation and shall be issued in due course of time. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 7/12/2001-3FR-II(FD) Dated, Chandigarh, the 5th December, 2001. A copy for information is forwarded to the following :- 1. The Accountant General, Haryana (i) A&E (ii) (Audit), Chandigarh. 2. The Home Secretary, Chandigarh Administration, Chandigarh. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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(i) All the Financial Commissioners in Haryana, and (ii) All the Commissioners & Administrative Secretaries to Government, Haryana. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To 1. All the Financial Commissioners in Haryana, 2. All the Commissioners & Administrative Secretaries to

Government, Haryana. U.O. No. 7/12/2001-3FR-II(FD) Dated, Chandigarh, the 5th December, 2001. A copy is forwarded to the PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary for the information of Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary. Sd/- Under Secretary, Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To

The PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary for the information of Chief Minister/ Ministers/Ministers of State and Chief Parliamentary Secretary.

U.O. No. 7/12/2001-3FR-II(FD) Dated, Chandigarh, the 5th December, 2001.

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HARYANA GOVT. GAZ. (EXTRA.), DEC. 7, 2001 1097 (AGHN. 16, 1923 SAKA)

[Authorised English Translation]

HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATIONS)

Notification

The 7th December, 2001

No. GSR-31/Const./Art.-309/2001.— Whereas, the Government of Haryana has broadly followed the Central Government pattern in matters of pay scales for its employees with effect from 1st January, 1986. Accordingly, the State Government has revised the pay scales and pensions of its employees with effect from 1st January, 1996 also largely following the pattern adopted by the Central Government;

And whereas, following the same principle, the Government of Haryana issued orders dated the 9th March, 1998, 13th January, 2000 and 18th January, 2000 respectively regulating the revision of pension benefits for its employees. The Central Government has defined "emoluments" for the pension purposes as per the definition contained in rule 9(21) (a) (i) of the Fundamental Rules in its notification dated the 27th October, 1997. The Central Government has, thus, specifically excluded emoluments on account of Special Pay etc. from the definition of emoluments for the purposes of pension. The said rule 9(21) (a)(i) of the Fundamental Rules is identical with rule 2.44 (a)(i) of Punjab Civil Services Rules Vol. I, Part I, (as applicable to the State of Haryana). Further, the Central Government, as per the pension scheme for its employees, has also decided that the pension of an employee shall not be less than 50% of the minimum of the corresponding scale as on 1st January, 1996, of the scale of pay held by the pensioner at the time of superannuation/retirement. This benefit has also been extended by the State Government to its employees;

And whereas, the above benefits have been sanctioned by the Government of Haryana notwithstanding the pressure and constraints on its resources. However, the Government is also acutely conscious of the growing liabilities on this account. As per the report of the Eleventh Finance Commission, the annual average growth in pension liabilities in respect of Haryana State is 44.73% for the period 1995-99 which is highest in the country and is next only to Goa. Notwithstanding the financial constraints, the Government of Haryana has extended almost all such benefits to its pensioners that have been granted by the Central Government for its employees. Certainly, the Government of Haryana has no intention or capacity to continue to pay pensionary benefits which are even higher than those admissible 10 their counterparts in the Central Government. Therefore, a need has arisen to adopt the same definition of "emoluments" in respect of the Haryana Government employees. Accordingly, the Government of Haryana has decided to amend rule 6.19(C) of Punjab Civil Services Rules Vol. II;

Now, therefore, in exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume-II, as applicable to the State of Haryana namely :-

(1) These rules may be called the Punjab Civil Services Rules Volume-II (Haryana Amendment) Rules, 2001.

(2) They shall come into force on the date of their publication in the Official Gazette.

(3) These rules shall not be applicable in the case of employees who were appointed to Government service before 1st November, 1966. A decision for application of these rules in their cases shall be taken only after obtaining the approval of the

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Government of India in terms of Sub-section 6 of Section 82 of the Punjab Re-organisation Act, 1966.

2. In the Punjab Civil Services Rules Volume-II, in rule 6.19(C), in clause (i), for the words, signs, figures and letters „The term "emoluments" for these purposes shall mean "pay" as defined in rule 2.44 of Punjab Civil Services Rules Volume I, Part I, except overseas pay', the words, signs, figures, brackets and letters. „The term "emoluments" for these purposes shall mean "pay" as defined in rule 2.44(a)(i) of Punjab Civil Services Rules Volume I, Part I' shall be substituted.

A.N. MATHUR Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

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These instructions have been Reiterated from time to time.

MOST IMMEDIATE DATE BOUND

No. 1/12/91-WM(7) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioner & Sub Divisional Officer (Civil) in the State. Dated, Chandigarh, the 11th December, 2001 Subject : Reconciliation of figures under the Major Head-―0049-Interest Receipts.‖ Sir, I am directed to invite your attention to the Finance Department‘s letter No. 1/12/91-(7)WM, dated 29.11.2001 on the subject noted above, whereby you were requested that departmental figures of receipts on account of loans and interests thereon should be regularly reconciled with the receipt figures of Accountant General, Haryana, Loans and Advances are granted all the Heads of Departments by the Finance Department (Ways and Means Branch) and recovery of interest on these loans and advances are booked under the Head ―0049-Interest Receipt‖. The Accountant General, Haryana has again pointed out that reconciliation work upto the month of August, 2001 under above cited Major Head has not yet been started by the departments. You are, therefore, requested to depute the concerned official of your department to the office of Accountant General, Haryana and ensure that the reconciliation work is completed within one week positively under intimation to Finance Department. The reconciliation work must be completed by the 7th Day of second following month to which accounts pertains. Yours faithfully, Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 1/12/91-WM(7) Dated, Chandigarh, 11.12.2001 A copy is forwarded to the Deputy Accountant General, Haryana (A&E), Chandigarh with reference to his D.O. No. letter No. TM(C)RE.Com./2001-02/944-47 dated 8.11.2001 for information. Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to the Superintendent, Budget & Committee Branch with reference to his letter No. 20/1/2001-6B&C dated 26.11.2001 for information and necessary action. Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Superintendent, Budget & Committee Branch. U.O. No. 1/12/91-WM(7) Dated, Chandigarh, 11.12.2001

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No. 28/61/2001-1B&C From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, Registrar, Punjab and Haryana High Court, Chandigarh, All Chairmen/Managing Director of the Corporations/Boards in the State, The Commissioner of Ambala, Hisar, Gurgaon and Rohtak Divisions and All the Deputy Commissioners in Haryana. Dated, Chandigarh, the 24th December, 2001 Subject : Appointment of representative of Finance Department in various Committees

of Corporation/Boards. Sir, I am directed to invite your attention on the above cited subject and to say that it has become a common practice amongst Boards and Corporations to unilaterally constitute a Committee and induct FCF or a Representative of Finance Department, as a member of the Committee at their own level. The Committees are constituted for purposes which are well within the competence of the concerned organizations. Such unilateral induction of Finance Department representative dilutes the responsibilities vested in these organizations. The matter has been considered. It has now been decided that in future prior advice/concurrence of the Finance Department must be obtained in such cases on file through Administrative Department.

Yours faithfully,

Sd/- Deputy Secretary Finance(B)

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy is forwarded to all the Financial Commissioner/Commissioners and Secretaries to Govt., Haryana for information and necessary action. To All the Financial Commissioner/Commissioners &

Secretaries to Govt., Haryana. U.O. No. 28/61/2001-1B&C Dated 24th December, 2001.

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These instructions have been Revised vide No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.

No. 68/2/2001/FD/Pension/SAP From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and All Sub-Divisional, Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 3rd January, 2002 Subject : Time Schedule for payment of retiral benefits to the retiring Government

employee on the date of his retirement. Sir, In continuation of this department instructions issued vide letter No. 68/2/2001/ FD/Pension/SAP, dated 3.9.2001 I am directed to emphasize that in order to streamline the existing procedure regarding expeditious finalisation of cases of pensionary benefits the following measures be adopted:- 1. The Drawing and Disbursing Officer concerned should ensure that the 'No

Demand Certificate' is issued by the 7th of the month of retirement of the employee.

2. If, he/she wants to retain the Government accommodation, he/she should deposit the four months license fee to the concerned authorities in advance and submit No Demand Certificate about it before the 5th of the month of his/her retirement.

3. In addition to para (xi) of the above said instructions, if may also be ensured that the recovery of long term advances must be completed prior to six months of the date of retirement.

4. LPC and NDC may be issued by the 7th of the month of retirement.

5. The retirement order may be issued by 7th of the month of retirement.

6. The contribution in GPF of the individual should be stopped six months prior to the retirement. The A.G. will issue the GPF final payment authority by 15th of the month of retirement and DDO should ensure the payment of GPF, is made to the retiree on the next working of the retirement date.

7. The Accountant General, Haryana may ensure that the GPO including commutation may be issued by 15th of the month in which the employee is retiring to the concerned Treasury Officer.

8. The payment of leave encashment and GIS be made to the retiree on the next working day after the date of retirement.

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9. In addition to para (ix) of the above mentioned instructions it may also be ensured that service verification is done every year by 31st March. In case of retiring employee it may be ensured that six months prior to the retirement the service is verified.

It may be ensured that the retiring employees of Haryana Government are given PPO/GPO on the date of their retirement. You are, therefore, requested that the above instructions may please be got noted and brought to the notice of all the officers/officials dealing with the pension cases under your control for strict compliance. Yours faithfully, Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

Endst. No. 68/2/2001/FD/Pension/SAP Dated, Chandigarh, the 3rd Jan., 2002

A copy is forwarded to the Accountant General A&E Haryana, Chandigarh for information and necessary action. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

1. All the Financial Commissioners in Haryana and 2. All the Commissioner & Secretaries to Govt. Haryana in continuation of Chief Secretary‘s D.O. letter No. 62/45/2001/6GSI, dated 2-11-2001. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Financial Commissioners in Haryana and All the Commissioner and Administrative Secretaries to

Government, Haryana.

U.O. No. 68/2/2001/FD/Pension/SAP Dated, Chandigarh, the 3rd Jan., 2002

A copy is forwarded to the Chief Secretary to Govt., Haryana with reference to their D.O. No. 62/45/2001/6GSI, dated 2.11.2001. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The Chief Secretary to Govt., Haryana (in GS-I, GS-II Branch).

U.O. No. 68/2/2001/FD/Pension/SAP Dated, Chandigarh, the 3rd Jan., 2002.

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These instructions have been modified partly vide No. 2/22/2010-1 Pension dated 12.10.2010

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 1/2(4)96-2FR-II

Dated, Chandigarh, the 7th January, 2002

Office Memorandum Subject : Counting of service for the purpose of pension of the employees of State

Government on their appointment in an Autonomous Body (Statutory Body) under Haryana Government or on seeking absorption in a State Autonomous Body or vice versa and also on appointment from one Autonomous Body to another (Statutory Body) both under Government of Haryana.

1. The undersigned is directed to invite your attention to the Haryana Government, Finance Department instructions bearing No. 1/2(77)-87-2FR-II, dated 22nd August, 1988 in connection with the subject cited above. The instruction referred to above were applicable to the employees of the State Government and State Autonomous Bodies seeking absorption in the Central Government and State Autonomous bodies seeking absorption in the Central Government/Central Autonomous Bodies respectively and vice versa. 2. The question of granting similar benefit to the employees of the State Autonomous Bodies on their absorption in the State Government and vice versa has been under consideration of the State Government for some time in the past. This matter has been considered carefully and it has now been decided that cases for the purpose of grant of benefit of past qualifying service towards pension to the State Government employees going over to a State Autonomous Body or vice versa and employees of the State Autonomous Body moving to another Autonomous Body (both under the Government of Haryana), will be regulated as per the provisions contained herein. 3. Definition of Statutory Body/Autonomous Body: In order to be eligible for the benefits under this Office Memorandum, an employee must have rendered service in a State Autonomous/Statutory Body :- (i) that has been created under a Statute/Act of State/Central Government; and (ii) is financed wholly or substantially from the cess or Central/State Government

grants. ―Substantially‖ means that more than 50% of the expenditure of the autonomous bodies is met through cess or Central/ State Government grants.

Explanation: A State Autonomous Bodies includes a State University but does not include a Public Sector Undertaking/Public Enterprise/Company registered under the Companies Act/Society registered under the Societies Registration Act/ and private bodies and managements. 4. Scope of the Office Memorandum : This O.M. would apply to the employees who are in service and have not been retired from service on the date of issue of this O.M. and also subject to the condition that such employees applied for the job from one organization to

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the other through proper channel or should have been absorbed in the service with the prior consent of parent employer of the employee concerned or appointed on transfer basis. 5. Exclusion : This O.M. shall not apply in the case of employees already retired or who have been re-employed after retirement and in case where the selection/appointment in the other entity is not through proper channel. This O.M. shall not be applicable in the case of employee coming over to the Government from Public Sector Undertakings/Societies/Private Managements and such of the statutory bodies, which are not wholly/substantially funded by the State Government/Central Government. 6. On appointment from Pensionable Organization to Pension Organization : The Government/State Autonomous Body will discharge their pension liability by paying in lump sum as a onetime payment, the pro-rate pension/service gratuity and death-cum-retirement-gratuity for the period of service qualifying for pension up to the date of appointment in a State Autonomous Body or any Department under Haryana Government, as the case may be, irrespective of the fact the employee was permanent or temporary. The pro-rata pension on lump sum will be determined with reference to the commutation table in Chapter 11 of Punjab CSR Vol. II, as amended from time to time. 7. On appointment from non-pensionable to Pensionable Organization : If pension scheme is not in existence in the previous Organization but the same is in existence in the new Organization, in such case on appointment/absorption of an employee of State Autonomous Body in any Department under Haryana Government, he will have the option to get benefit of qualifying service rendered in the previous Organization for the purpose of pension in new Organization by foregoing employer‘s share of CPF with interest received from the old Organization which will be paid to new Organization. This option will be exercised within six months from the date of appointment on regular basis in the new Organization. If no option is exercised within the stipulated period, the employee shall be deemed to have opted to receive and retain CPF benefits. Option once exercised shall be final. 8. On appointment from Pensionable to non-pensionable Organization : On appointment from pensionable service to an Organization where pension scheme is not in existence, the concerned employee will be eligible for pro-rata retirement benefits as admissible under the rules of the old Organization. These benefits will be payable after accepting the resignation of the concerned Government employee. 9. Option for employees who are at present in service : In order to get the benefit for the qualifying service rendered in an Autonomous/Statutory Body, subject to fulfilment of the criteria contained above, the employee should make request to that effect within a period of six months from the date of issue of this office memorandum. As a onetime facility for the employees at present in service, they may be permitted to exercise their option within a period of six months from the date of the issue of this office memorandum either to get pensionary benefits in respect of the past qualifying service rendered by them in pensionable or non-pensionable organization failing which it will be presumed that they are not interested in availing the benefit of past service rendered for the purposes of pensionary benefits. Wherever an employee opts to avail of the benefit of past service for counting the same as qualifying service for pension he would be required to deposit the terminal benefits already availed by him from the previous employer to the extent of the employer‘s share of the CPF/gratuity along with interest thereon from the date of receipt of the

217

emoluments till the date of deposit thereof in the Government treasury. Wherever such dues/terminal benefits have not been received by the employee concerned, his employer would be under obligation to deposit the employer‘s share of the CPF/prorata pensionary benefits alongwith interest for the period of service rendered in such organization with the other organization. 10. Rates of Interest : The interest shall be calculated at the rate/rates applicable on GPF contributions in the Government relevant to the year(s). 11. Release of Government employee for appointment in State Autonomous Body : A Government employee who has been selected for a post in a State Autonomous Body will be required to give his/her technical resignation before his relief from Government. This resignation will not entail forfeiture of past service for the purpose of retirement benefits if he applied through proper channel. The Government employee may thereafter be relieved by the respective competent authority to take up appointment in the autonomous body. 12. Leave encashment : A Government employee taking up an appointment in a State Autonomous Body will be entitled to encashment of earned leave to his credit at the time of acceptance of his resignation from Government service, subject to a limit of 300 days or as amended from time to time. Half pay leave will stand forfeited. The concession of carry forward of leave of any type is not permissible in these cases nor would the State Government accept any liability in the matter. 13. Family Pension : On taking up an appointment by a Government employee in any State Autonomous Body or vice versa, no family pension will be admissible from the previous employer/Organization. The rules relating to family pension, if any, of the Organization, will be applicable, in which the concerned Government employee was/is working at time of retirement or at the time of death while in service. The contents of this Office Memorandum may please be brought to the notice of all concerned. Sd/- (S.P. Gupta) Under Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To

All the Administrative Secretaries to Government of Haryana/ Heads of Departments/Divisional Commissioners & Deputy Commissioners in Haryana/ Member- Secretary, H.B.P.E./ Registrar of Universities in Haryana/Managing Director and C.E.Os. of Boards & Corporations in Haryana/Office of Accountant General (A&E) and Audit, Haryana, Chandigarh.

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These instructions have been clarified vide No. 1/2(38)-2FR-II/4Pension, Dated 12.09.2007 &

No. 1/2/130/01-1Pension, Dated 01.06.2004

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 1/2(8)98-2FR-II(Part VIII) Dated, Chandigarh, the 7th January, 2002

Notification Subject : Implementation of Government‘s decision on Pension & Family Pension

related matters - clarifications regarding post/scale of pay held by the pre-1996 pensioners.

The undersigned is directed to invite your attention to the subject mentioned above and to state that the Haryana Government has generally followed the principles adopted by the Government of India for consolidation/revision of pensions of its pensioners covered under the provisions of the Punjab Civil Service Rules Volume II (as applicable to the State of Haryana). These principles have been laid down in the following O.Ms. issued by the Government of India from time to time for their pre-1996 pensioners and post-1996 pensioners :-

(i) OM F.No. 45/86/97-P&PW(A) - Part I dated the 27th October, 1997 (for those who retire/die while in service on or after 1.1.1996)

(ii) OM F.No. 45/86/97-P&PW(A) - Part II dated the 27th October, 1997 (for consolidation of pension of pre-1996 pensioners)

(iii) OM No. 42/2/97-P&PW (G), dated the 27th October, 1997 (Installments of D.R. on revised/consolidated pension)

2. Accordingly, following notifications have been issued by the Government of Haryana on the subject of revision of pensions of retired Haryana Government employees pursuant to the general pay revision effective from 1/1/1996 :- (i) No. 1/2/(8)98-2FR-II (Part I) dated March 9, 1998 (for those who retire/die

while in service on or after 1.1.1996)

(ii) No. 1/2/(8)98-2FR-II (Part II) dated March 9, 1998 (for consolidation of pension of pre-1996 pensioners)

(iii) No. 1/2/(8)98-2FR-II (Part III) dated March 9, 1998 (Installments of D.R. on revised/consolidated pension)

3. Subsequently, the Government of India issued another O.M. vide their F. No. 45/86/ 97-P&PW(A)/Part-III, dated 10.02.1998 and 13.05.1998 in which decision was taken to fix the notional pay of all pre-1986 pensioners and this notional pay was treated as average emoluments for the purpose of calculation of notional pension as on 01.01.1986 as per the pension formula then prescribed, and this notional pension was consolidated as on 01.01.1996 in accordance with the provisions contained in G.O.I. O.M. No. 45/86/97-P&W(A)-Pt. II, dated 27.10.1997. This benefit on the pattern of G.O.I. was also allowed by Haryana Government to its all pre-1986 pensioners vide F.D. Notification dated 13.01.2000.

4. Thereafter, Government of India issued another O.M. vide their F.No. 45/10/98-P&PW(A) dated 17th December, 1998 stating that the ―pension of all pensioners irrespective of

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their date of retirement shall not be less than 50% of the minimum of the revised pay scale as on 1.1.96 of the post last held by the pensioner at the time of his retirement.‖ The State Government also decided to extend this benefit for its pensioners and, finally, following the Central Government Scheme, instructions dated 18th January, 2000, were issued in two parts bearing even number for pre-1986 pensioners and pre-1996 pensioners whereby a provision was made on the similar lines as adopted by the Government of India. 5. Now, the Government of India have further issued a clarification regarding post/scale of pay held by the retired Government servants vide their Office Memorandum No. 45/86/96-P&PW(A)(Point) dated 11th May, 2001 which reads as under :-

“The undersigned is directed to refer to this Department‟s O.M. No. 45/10/98P&PW (A) dated 17th December, 1998 wherein the criteria to be adopted by the Pension Sanctioning authorities while stepping up of the consolidated pension of retirees have been detailed.

In the course of implementation of the above order, clarifications have been sought by Ministries/Departments of Government of India about the actual connotation of the “post last held” by the pensioner at the time of his/her superannuation. The second sentence of O.M. dated 17.12.1998 i.e. “pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum pay in the revised scale of pay w.e.f. 1.1.1996 of the post last held by the pensioner”, shall mean that pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum of the corresponding scale as on 1.1.96, of the scale of pay held by the pensioner at the time of superannuation/retirement. Other provisos contained in the O.M. of 17th December, 1998 will remain unchanged. This clarification issues with the approval of the Ministry of Finance, Department of Expenditure.

Sd/- (P.K. Brahma) Additional Secretary (Pension)” 6. In conformity with the clarification issued by the Government of India, Ministry of Personnel/Public Grievances and Pensions, the Governor of Haryana, having decided to adopt the said clarification of 11th May, 2001 in respect of the pensioners under Haryana Government, is pleased to order that wherever the words/expression ―pension of all pensioners (already consolidated/revised w.e.f. 1.1.1996 under F.D. Notifications dated 09.03.1998 and or 13.01.2001/18.01.2000) shall not be less than 50% of the minimum of the pay scale introduced w.e.f. 1.1.96 for the post last held by the pensioner‖ exist in the Notifications (Part-IV or Part-V) dated 18th January, 2000 the same shall mean that pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum of the corresponding scale as on 1.1.96, of the scale of pay held by the pensioner at the time of superannuation/retirement‖. It is also clarified that minimum of the scale as on 1.1.1996 does not include special pay/N.P.A. or any other component for this purpose.

7. As in the above case, in respect of the family pension, the expression shall mean that ―the basic family pension of all pensioners irrespective of their date of retirement/death while in service shall not be less than 30% of the minimum of the corresponding scale as on 1.1.96, of the scale of pay held by the Government employee at the time of retirement or death while in service, as the case may be‖.

8. It is further clarified that though the Government of Haryana has broadly followed the central pattern of pay scales while revising the pay scales of its employees with effect from

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1.1.1986 and, thereafter, with effect from 1.1.1996 yet certain deviations have been made keeping in the state-specific structure of services. Keeping in view these deviations, it is important to specifically annex a statement of the corresponding pay scale as on 1.1.1986 and 1.1.1996. The same is enclosed in Annexure ‗A‘ with this office memorandum. 9. It is not unlikely that the corresponding revised scales of certain pre-revised scale may not find a mention in the Annexure. In that event, a reference may be made to the FD (in Pay revision Branch) to seek clarification in the matter. The pension/family pension of all the pre-1996 pensioners/family pensioners irrespective of their date of retirement or death while in service be fixed/refixed accordingly. 10. Other terms and conditions in the notifications of 13th January, 2000 and 18th January, 2000 shall remain unchanged. Sd/- (S.P. Gupta) Under Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 1/2(8)/98-2FR-II(Part VII) Dated, Chandigarh, the 7th Jan, 2002. A copy is forwarded to all the Administrative Secretaries to Government, Haryana/All Heads of Departments/All Divisional Commissioners & Deputy Commissioners in Haryana/All S.D.Os.(Civil) Haryana/Registrar, Punjab & Haryana High Court, Chandigarh/Office of Accountant General, Haryana (Audit/A&E), Chandigarh/Treasury Officers and Assistant Treasury Officers in Haryana for information and necessary action. Sd/- (S.P. Gupta) Under Secretary Finance for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Contd… Encl..

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ANNEXURE ‗A‘

Standard Pay Scales as on 01.04.1979 and their Corresponding Revised Pay Scales as on 01.01.1986 and 01.01.1996.

Sr. No.

Category/ Post

Pay Scale as on 01.04.1979

Pay Scales as on 01.01.1986

Pay Scales as on 01.01.1996

1. Group 'D‘ 300-430 750-940 2550-3200

2. 300-430 (TS); 350-500 (SG)

3. 350-500 775-1025 2610-3540

4. 350-500 (TS); 400-600 (SG)

5. 400-600 800-1150 2650-4000

6. Groups ‗C‘ & ‗B‘ 400-600 950-1400 3050-4350

7. 400-660 950-1500 3050-4590

8. 400-660 (TS); 480-760 (SG)

9. 420-700 1200-2040 4000-6000

10. 420-700 (TS); 525-900 (SG)

11. 450-700

12. 480-760

13. 480-760 (TS); 525-900 (SG)

14. 525-900 1400-2600 5000-7850

15. 525-900 (TS); 600-1100 (SG)

16. 525-1050

17. 525-1050 (TS); 600-1100 (SG)

18. 525-1050 (TS); 700-1250 (SG)

19. 600-1100

20. 600-1100 (TS); 700-1250 (SG)

21. 700-1150 1600-2660 5450-8000

22. 700-1250

23. 700-1250 (TS); 700-1400 (SG) 1640-2900 5500-9000

24. 700-1250 (TS); 750-1450 (SG)

25. 700-1400

26. 700-1400 (TS); 800-1600 (SG)

27. 750-1450

28. 750-1450 (TS); 800-1600 (SG)

29. 800-1600 2000-3200 6500-9900

30. 800-1600 (TS); 900-1700 (SG)

31. 800-1600 (TS);1200-1700 (SG)

32. 800-1600 (TS); 1000-1800 (SG)

33. 900-1700 2000-3500 6500-10500

34. 900-1700 (TS); 1000-1800 (SG)

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Sr. No.

Category/ Post

Pay Scale as on 01.04.1979

Pay Scales as on 01.01.1986

Pay Scales as on 01.01.1996

35. 900-1800 2000-3500 6500-10500

36. 900-1700 (TS); 1200-1850 (SG)

37. 940-1850

38. 1000-1500

39. 1000-1500 (TS); 1600 (Fixed)(SG)

40. 1000-1800

41. 1000-1800 (TS); 1200-1860(SG)

42. 1200-1600

43. 1200-1700

44. 1200-1860

45. 940-2000

46. 1400-1860

47. Group 'A' 900-1700 2000-3500 6500-10500

48. 900-1800

49. 940-1850

50. 980-1850 2200-4000 8000-13500

51. 1000-1800

52. 1200-1700

53. 1200-1860

54. 940-2000

55. 1200-1925(TS); 2000 Fixed(SG)

56. 1250-2000 3000-4500 10000-13900

57. 1400-1860

58. 1400-1860(TS); 2000 Fixed(SG)

59. 1400-2000

60. 1400-2100

61. 1700-2150 3000-5000 10000-15200

62. 1760-2300

63. 2000-2300

64. 2000-2400 3700-5000 12000-16500

65. 2000-2500

66. 2100-2500

67. 2150-2500

68. 2250-2500 4100-5300 13500-17250

69. 2250-2600

70. 2250-2750

71. 2500-2750 5900-6700 (without special pay)

18400-22400

72. 2500-3000

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These instructions have been clarified vide No. 6/85/06-4PR(FD), dated 04.01.2007.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 5/4/2001-5PR(FD)

15th January, 2002

Office Memorandum Subject : Fixation of pay on promotion to a post the functional pay scale of which is

equal to or lower than the 1st or 2nd Higher Standard Scale under the Higher Standard Scales Scheme in the pre-revised scales or 1st or 2nd ACP under the ACP Scheme of 1998 or any other Scheme.

1. The Finance Department has issued clarifications on the subject mentioned above vide its two letters mentioned below :- (i) No. 5/4/2001-5PR(FD) dated 2.3.2001

(ii) No. 1/37/2001-2PR(FD) dated 4.12.2001 2. The two sets of instructions referred to above deal with altogether different situations. The present instructions are being issued in continuation of letter bearing No. 5/4/ 2001-5PR(FD) dated 2.3.2001. 3. With the introduction of the Scheme of Higher Standard Scales with effect from 1.1.94 and the introduction of ACP Scheme with effect from 1.1.96, there would be numerous cases where the 1st/2nd Higher Standard Scale or the 1st/2nd ACP, as the case may be, would be identical with or higher than the functional pay scale of the promotion post in the hierarchy. The rules provide that benefit of fixation of a pay at the stage next above is not permissible in such cases as this benefit already stands granted to the employee at the time of grant of the relevant Higher Standard/ACP Scale at an advanced point in time even though such employee was not performing duties of the higher post at that time. FD has clarified the matter in this respect vide its instructions dated 2.3.2001 and attention is invited to para 7(ii) and para 8 of the instructions in this respect. 4. It is re-iterated for the purposes of clarity that any pay scale granted to an employee under any incentive/welfare scheme (e.g. the Higher Standard Scale Scheme or the ACP Scheme) or granted on account of acquiring higher qualifications, which is other than the functional pay scale of the substantive post, is in the nature of a personal scale. Such a personal scale, in a large number of cases, may be equal to or higher than the functional pay scale of the promotion post in the hierarchy. 5. It has come to the notice of the Finance Department that a number of cases have been decided by the Hon‘ble Punjab & Haryana High Court wherein directions have been issued to provide the benefit of one increment/fixation of pay at the stage next above in cases where a person is drawing his pay in a scale which is not the functional scale of the post but is in the nature of a personal scale and where such personal scale is identical with or higher than the functional pay scale of the promotion post. While the State Government has preferred SLPs against the orders of the Hon‘ble Punjab & Haryana High Court in a number of such cases, there are a number of other cases which are still pending adjudication before the Hon‘ble

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Punjab & Haryana High Court. It is also likely that in certain cases even the SLPs filed against the orders of the Hon‘ble Punjab & Haryana High Court might have been dismissed. 6. It is brought to the notice of all concerned that the Hon‘ble Supreme Court of India has already laid down the law on this subject while deciding the case of Union of India and others Vs. Ashok Kumar Banerjee on 13.5.98 in Civil Appeal No. 2699/97 and reported in the Services Law Reporter (1998(4) SLR 381-84) . This fact of the law already having been laid down by the Hon‘ble Supreme Court of India in the matter was neither in the notice of the Finance Department nor, probably, in the notice of the Law Officers defending cases on behalf of the State Government before the Hon‘ble Punjab & Haryana High Court/Hon‘ble Supreme Court of India. Hence, a copy of the judgment ibid is annexed with these instructions. 7. Keeping the above in view, the Departments are advised to take action as under :- (i) In so far as pay is to be fixed in such cases, the same should be fixed in

accordance with the clarifications given in para 7(ii) and para 8 of the instructions bearing No. 5/4/2001-5PR(FD) dated 2.3.2001.

(ii) In cases that are still pending adjudication before the Hon‘ble Punjab & Haryana

High Court, the position of law having been laid down by the Hon‘ble Supreme Court of India in the matter should be specifically brought to the notice of the Bench at the time of hearing of the pending cases.

(iii) In matters where SLPs in the Hon‘ble Supreme Court of India have been filed

against the orders of the Hon‘ble Punjab & Haryana High Court, the fact of this judgment be brought to the notice of the defending counsels in the Hon‘ble Supreme Court of India.

(iv) In cases where SLPs were filed in the Hon‘ble Supreme Court of India and the

same have been dismissed, review petitions be filed in the Apex Court on the strength of the judgment of Hon‘ble Apex Court without any further delay.

Sd/-

(Y.S. Malik) Commissioner & Special Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All Administrative Secretaries/Head of Departments/ Divisional Commissioners/Deputy Commissioners/ S.D.Os (Civil) in Haryana/Registrar Punjab & Haryana High Court at Chandigarh/Accountant Generals (A&E)/ (Audit), Haryana with five spare copies in each case for use in the Branches/offices.

Contd… Encls.

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ANNEXURE

SUPREME COURT OF INDIA

Before: Sujata V. Manohar and M. Jagannadha Rao, JJ

Civil Appeal No. 2699 of 1997

(From the judgment and Order dated 3.12.93 of the Central Administrative Tribunal, Calcutta in OA No. 241 of 1993)

Decided on 13.5.1998. Union of India & Ors. Appellants

Versus Ashok Kumar Banerjee Respondent For the Appellants : Mr. P. P. Malhotra, Sr. Advocate with Ms. Binu Tamta (Mr. Vineet

Malhotra), Advocate for Mr. CVS Rao, Advocates. For the Respondent: In person. Constitution of India, Article 16-Fundamental Rule 22(1) (a) (i) read with OM (A) No. 11014/91 dated 22.3.1991 - Stepping up pay - Assistant Junior Engineer after completion of 15 years of service was fitted in the scale of Rs. 2000-3500 of Assistant Engineer and pay fixed at Rs. 2600/- on 1.1.1991 - Actual and functional promotion to the post of Assistant Engineer on 1.8.1991 - He is not entitled to get the pay fixed once again for the second time-The officer having received the same benefit in advance, while working as Junior Engineer and while not actually functioning as an Assistant Engineer, is not entitled to the same benefit of fresh fitment in the scale of Rs. 2000-3500 when he is promoted on 1.8.1991 as Assistant Engineer-This is because as on 1.8.1991, he is not being fitted into the ―time-scale of the higher post‖ as stated in the FR. That situation was already over when the OM was applied to him on his completion of 15 years- for the applicability of the FR 22(1) (a) (i) it is not merely sufficient that the officer gets a promotion from one post to another involving higher duties and responsibilities but another condition must also be satisfied, namely, that he must be moving from a lower scale attached to the lower post to a higher scale attached to a higher post. (Para 8)

Judgement M. Jagannadha Rao J.- This appeal is preferred by the Union of India and the C.P.W.D. against the order of the Central Administrative Tribunal, Calcutta dated 3.12.93 passed in OA No. 241 of 1993. By that order, the Tribunal directed that pay of the petitioner in the promotional post should be fixed in terms of FR 22(1) (a) (i) with effect from 1.8.1991 and all consequential benefits including arrears should be paid to him within a period of 3 months from the date of communication of this order. 2. The facts relevant to the case are as follows: The respondent was working in the C.P.W.D. as JE in the senior scale Rs. 1640-2900 and as he had put in 15 years as JE, he was granted the Assistant Engineer‘s scale of Rs. 2000-3500 (in terms of Government of India, Ministry of Urban Development (I Division) No. 12014/2/87-IWII dated 22.3.1991) . By giving him the necessary increment, his pay was fixed at Rs. 2600/- as on 1.2.1991 by applying FR

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22(I) (A) (i) as permitted in the said order. This was after the respondent opted for this scale. The date of his next increment which fell on 1.2.1991 was taken into account while granting him the increment mentioned in the FR. Later he was promoted, pursuant to certain orders of the CAT in an earlier OA, as Assistant Engineer. He, then filed the present OA claiming that FR 22(I) (a) (i) is to be applied to his case once again and his pay should be refixed in the scale of 2000-3500 by giving him fresh benefit of the increment permitted by the said FR. The CAT opined that as this was his actual promotion from the post of Junior Engineer to Assistant Engineer, and as he was necessarily discharging higher duties and responsibilities, he was entitled to a fresh application of the said FR 22(I) (a) (i) . 3. The appellants contend that this would amount to giving the benefit of FR twice over and this is not permissible. The respondent has been served and notices have been sent to him that his case will be heard on a specific date but he has not chosen to be present and we are, therefore, proceeding to decide the case on merits, setting him ex parte. 4. The point for consideration is whether the respondent who was drawing Rs. 1640-2900 as Junior Engineer and who on completion of 15 years service as Junior Engineer was given benefit of FR 22(I) (a) (i) in the Assistant Engineer‘s scale of Rs. 2000-3500 as per OM(A)-11014/91 dated 22.3.91 w.e.f. 1.1.91 is again entitled on regular promotion as Assistant Engineer on 1.8.91 to the benefit of the same FR 22(I) (a) (i) ? 5. Under the OM(A)-11014/91 dated 22.3.91 it is stated that in the C.P.W.D. the Junior Engineers Association and Sectional Officers (Horticulture) Association made certain demands and an agreement was signed on 20.3.1991 between the Government and the Association. As per the first part of said agreement there would be 2 scales of JE/SO (Hort) in CPWD, one in the scale of Rs. 1400-2300 and another in the scale of Rs. 1640-2900. Those who completed 5 years in the entry grade Rs. 1400-2300 will be placed in the grade of Rs. 1640-2900, subject to rejection of those found unfit. This higher grade will not be treated as a promotional one but will be non-functional and the benefit of FR 22(I) (a) (i) will not be admissible, while fixing the pay in the higher grade, as there will be no change in duties and responsibilities. We are not concerned here with the above portion of the agreement. We are, however, concerned with the second part which reads as follows:

―(ii) Junior Engineers/Sectional Officers (Horticulture), who could not be promoted to the post of Assistant Engineers/Assistant Directors (Horticulture) in the scale of Rs. 2000-3500, due to non-availability of vacancies in the grade of Assistant Engineer/Assistant Directors (Horticulture) will be allowed the scale of Assistant Engineer/Assistant Directors (Horticulture) i.e. Rs. 2000-3500, on a personal basis, after completion of 15 years of total service as Junior Engineer/Sectional Officer (Horticulture), till their normal turn for the functional promotion comes as Assistant Engineer/Assistant Director (Hort) . This personal promotion will be given on fitness basis.‖

It will be noticed that as per this part of the OM, those JEs who have completed 15 years of service would get the scale of Rs. 2000-3500 (which is the scale of the promotional post i.e. Assistant Engineer/Assistant Directors (Horticulture) . This benefit is given to avoid frustration of the Junior Engineers and Sectional Officers (Horticulture) who would otherwise be stagnating for want of vacancies in the next promotional post. In that light, they are allowed to draw the scale of Rs. 2000-3500 on a personal basis, provided they have completed 15 years till their normal turn for the functional promotion comes as Assistant Engineer/Assistant Directors (H) . This personal promotion will be given on fitness basis.

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6. In the present case, while working as Junior Engineer the respondent completed 15 years in the scale of Rs. 1640-2900 and he became entitled to be fitted in the scale of Rs. 2000-3500 of Assistant Engineers and got his pay fixed accordingly at Rs. 2600 by giving him the benefit of the increment as stated in FR 22(I) (a) (i) and as permitted by the second part of the OM. This was because, even though the OM is dated 22.3.91, it was agreed that benefit of FR 22(1) (a) (i) would be given from 1.1.91. 7. Thereafter, Respondent was actually or functionally promoted as Assistant Engineer on 1.8.1991 and he then wanted benefit of FR 22(I) (a) (i) to be given to him once again as he had then assumed higher duties and responsibilities of a superior post functionally. Question is whether his claim is justified? FR 22 reads as follows :- "FR 22(1) : The initial pay of a Government servant who is appointed to a post on

a time-scale of pay is regulated as follows : (a) (1) Where a Government servant holding a post, other than a tenure post, in a

substantive or temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity, as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time scale of the higher post shall be fixed at the stage next above the notional pay arrived at increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which pay has accrued or rupees twenty five only, whichever is more.

Save in case of appointment on deputation to an ex-cadre post, or to a post on adhoc basis, the Government servant shall have the option to be exercised within one month from the date of promotion or appointment, as the case may be, to have the pay fixed under this rule from the date of such promotion or appointment or to have the pay fixed initially at the stage of the time-scale of the new post above the pay in the lower grade or post from which he is promoted on regular basis, which may be refixed in accordance with this rule on the date of accrual of next increment in the scale of the pay of the lower grade or post. In cases where an adhoc promotion is followed by regular appointment without break, the option is admissible as from the date of initial appointment/promotion, to be exercised within one month from the date of such regular appointment.

Provided that where a Government servant is, immediately before his promotion or appointment on regular basis to a higher post, drawing pay at the maximum of the time scale of the lower post, his initial pay in the time scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the time scale of the lower post or rupees twenty five, whichever is more.‖

8. In our view, the respondent having received the same benefit in advance, while working as Junior Engineer and while not actually functioning as an Assistant Engineer, is not entitled to the same benefit of fresh fitment in the scale of Rs. 2000-3500 when he is promoted on 1.8.91 as Assistant Engineer. This is because as on 1.8.91, he is not being fitted into the ―time-scale of the higher post‖ as stated in the FR. That situation was already over when the OM was applied to him on his completion of 15 years. For the applicability of the FR 22(1) (a) (i) it is

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not merely sufficient that the officer gets a promotion from one post to another involving higher duties and responsibilities but another condition must also be satisfied, namely, that he must be moving from a lower scale attached to the lower post to a higher scale attached to a higher post. If, as in this case, the benefit of the higher scale has already been given to him by virtue of the OM there in no possibility of applying this part of the FR which says. ―his initial pay in the time scale of higher post shall be fixed at the stage next

above the notional pay arrived at by increasing his pay in respect of the lower post held by him regularly by an increment at the stage at which such pay has accrued or rupees twenty five only, whichever is more‖

9. Further, the respondent is a junior officer in the category of JEs and he has already got the benefit of the FR on completion of 15 years. If he is to be given a second benefit on the basis of the same FR, then he would be getting more than his seniors, who might have got promoted earlier and might have got benefit of the FR 22(1) (a) (i) only once, such an anomaly was not obviously intended by the FR. 10. For the aforesaid reasons, the appeal is allowed and the order of the Tribunal is set aside and the OA is dismissed. In the circumstances, there will be no order as to costs. APPEAL ALLOWED

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No. 12/22/2001/PE (FD)-A-I From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Department. Dated, Chandigarh, the 16th January, 2002 Subject : Report of the Comptroller and Auditor General of India for the year ended

31-3-96 No. 1 (Revenue Receipts) - Government of Haryana — Submission of Replies of pending Paras.

Sir, I am directed to draw your attention towards instructions issued by the Finance Departments vide letter No. 12/1/33-PE (FD)-97, dated 21-7-97 whereby it was impressed upon you that guidelines issued by the Finance Department for watching recovery of Government loan, interest and dividend may be followed in letter and spirit. However, it has again been pointed out in the report of Comptroller and Auditor General of India that in various Departments viz, Co-operation, Industries/Local Government and Power (HSEB), long outstanding loans and interest/Penal interest against Co-operative Societies, Industrial Units, HSIDC, Municipal Committees and Haryana State Electricity Board was due. It is, therefore, again impressed upon you that guidelines issued for watching recoveries of Government loan interest and dividend may be followed in letter and spirit and Quarterly Progress Report in respect of your Department may please be sent to the Finance Department (in Budget and Committee Branch) through your Administrative Department with a copy of the same to PE (FD) Branch. Receipt of these instructions may please be acknowledged. Yours faithfully, Sd/- Under Secretary Finance (PE), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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Corrigendum

No. 4/1/ARO/IV-FD(Res. Cell)-2001 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments, Haryana Government, All the Managing Directors/Executive Heads of Public Sectors Undertakings/Enterprises, Cooperative Institutions etc. Dated, Chandigarh, the 24th January, 2002 Subject : Levy of Guarantee Fee on all loans raised against State Govt. guarantee by the

State Public Sector Undertakings. I am directed to refer to this department letter No. 4/1/ARO/-IV-FD (Res. Cell)-2001 dated 21.1.2001 on the subject noted above and to say that the head for depositing guarantee fee mentioned in para-2, may be substituted as under :-

Proposed earlier To be substituted now

―0075-Misc. Gen. Services-108-Guarantee Fee-01-Guarantee Fee from PSUs‖

―0075-Misc. Gen. Services-108-Guarantee Fee-99-Guarantee Fee from PSUs‖

They are, therefore, requested to make necessary correction accordingly and to ensure that the guarantee fee due from State level Undertakings under their administrative control is collected and accounted for properly under the above mentioned budget head. 2. It may further be ensured that the details regarding raising of loans by PSUs from Financial Institutions, payment of guarantee fee due may be supplied to the Finance Department (in Resources Cell) immediately so that proper record could be maintained. Yours faithfully,

Sd/- Advisor (RP), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 4/1/ARO/-IV-FD(Res. Cell)-2001 Dated : 24.01.2002 A copy is forwarded to Accountant General (Accounts & Audit), Chandigarh for information and necessary action. Sd/- Advisor (RP), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to all the Financial Commissioners and the Administrative Secretaries, Haryana Govt. for information and necessary action. Sd/- Advisor (RP), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Administrative Secretaries to Govt., Haryana. U.O. No. 4/1/ARO/-IV-FD(Res. Cell)-2001 Dated : 24.01.2002 Endst. No. 4/1/ARO/-IV-FD(Res. Cell)-2001 Dated : 24.01.2002 A copy is forwarded to the Member Secretary, Haryana Bureau of Public Enterprises for information and further necessary action. Sd/- Advisor (RP), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 4/1/ARO/-IV-FD(Res. Cell)-2001 Dated : 24.01.2002 A copy is forwarded to all the Joint Secretaries/Deputy Secretaries/Under Secretaries/Superintendents/Deputy Superintendents, Finance Department, Haryana for information and further necessary action. They are requested to ensure that guarantee fee on the loans raised against State guarantee etc. is invariably charged and properly accounted for. Sd/- Advisor (RP), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATION)

Notification

The 30th January, 2002

No. 11/58/2001-1FR-II.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume I, Part II in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Civil Services Volume-I, Part II (Haryana First Amendment) Rules, 2002.

2. In the Punjab Civil Services Rules, Volume-I, Part II, in APPENDIX 18 (Referred to in Note 2 to paragraph 2 of Annexure I to Section II of chapter VIII), against ‖Department II. (B) Education (Technical)‖, under column 2, the words ―and Government Engineering Colleges‖ shall be added at the end.

A.N. MATHUR Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

No. 11/58/2001-1FR-II, Dated, Chandigarh, the 30th January 2002

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. The Registrar, Punjab and Haryana High Court, Chandigarh.

Sd/- Under Secretary, Finance,

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

No. 11/58/2001-1FR-II, Dated, Chandigarh, the 30th January 2002

A copy is forwarded to Accountant General (Audit/A&E) Haryana, Chandigarh for information.

Sd/- Under Secretary, Finance,

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

No. 11/58/2001-1FR-II, Dated, Chandigarh, the 30th January 2002

A copy alongwith an attested copy is forwarded to the Controller, printing & Stationery, Haryana, for information and necessary action.

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2. He is requested that this notification be got printed in the Haryana Govt. Gazette and 500 spare printed copies be supplied to Govt. for record.

Sd/- Under Secretary, Finance,

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

A copy for information & necessary action is forwarded to :-

Financial Commissioners, Haryana. All the Administrative Secretaries to Govt., Haryana.

Sd/- Under Secretary, Finance,

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

The Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana.

No. 11/58/2001-1FR-II, Dated, Chandigarh, the 30th January 2002

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GOVERNMENT OF HARYANA FINANCE DEPARTMENT

No. 13/2(79)/2001-5FR-I

Dated, Chandigarh, the 1st February, 2002

Office memorandum Subject : Deputation of Government employees to other State Government(s) including

Central Government or bodies, Companies, Corporations under their control - Deputation Allowance.

1. The undersigned is directed to invite your attention to the subject mentioned above and to state that the matter regarding admissibility of deputation allowance to the Haryana Government employees on deputation with the other State Government(s), Central Government or Bodies, under such other Government(s) including Central Government has been engaging the attention of the State Government for some time in the past. 2. The relevant instructions on the subject mentioned above issued by the State Government in the past are as under :- Instructions : . (i) FD Hr. No. 13/5(5)/86-5FR-l dated 17.3.1987 (ii) FD Hr. No. 13/5(1)/89-5FRl dated 6.2.1989 (iii) FD Hr. No. 13/5(13)/88-5FR-I dated 16.8.1980 (iv) FD Hr. No. 13/2(65)97-5FR-I dated 23.1 1998 (v) FD Hr. No. 13/5(3)98-5FR-I dated 2.12.1998 (vi) FD Hr. No. 13/2(1)2000-5FR-I dated 7.1.2000 (vii) FD Hr. No. 13/2(37)2000-5FR-I dated 22.6.2001 3. As per the instructions bearing No. 13/2(1)2000-5FR-I dated 7.1.2000 issued by the Finance Department, the deputation allowance is admissible @ 5% of the basic pay subject to maximum of Rs. 250/- per month (when the deputation post does not involve change of station) and subject to a maximum of Rs. 500/- per month (involving change of station) without changing the rate of deputation allowance i.e. 5% of the basic pay. It has been further provided that the pay plus deputation allowance shall not exceed the maximum of the pay scale of the post held on deputation notwithstanding the station criterion. 4. The deputation allowance as mentioned above, is admissible only in cases of employees coming over to the state of Haryana from other states including the Central Government and vice versa. No deputation allowance is admissible if the deputation is with the Societies/Boards/Corporations and Universities under the Haryana Government and vice-versa. 5. It has been observed that certain State Governments/Central Government and the organisations under their control allow higher rates of deputation allowance to employees going over on deputation as compared with the rates permissible in Haryana Government. Certain employees have approached the Government with the requests that they may be allowed to accept such higher rates of deputation allowance as per the rules of the borrowing organizations. 6. The matter has been considered further and it has been decided that, henceforth, the Haryana Government employees, when sent on deputation from the State Government to any other Government including Central Government or Bodies (incorporated or not) wholly or

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substantially owned or controlled by them, shall be allowed to get deputation allowance as per the rules/instructions of the such borrowing organisations subject to a minimum of what the State Government pays while borrowing the services of an officer/employee of Central Government/other State Government or Body to Haryana Government as per Finance Department instructions bearing No. 13/2(1)2000-5FR-I dated 7.10.2000 mentioned above. However, the pay plus deputation allowance shall not exceed the maximum of the pay scale of the post held on deputation whether the deputation involved change of station or not. However, no deputation allowance will be admissible to Haryana Government employees working in U.T. Administration, Chandigarh. 7. These instructions will not apply to Haryana Government employees when deputed to Boards, Corporations and Universities etc. under the control of the Government of Haryana or vice-versa.

Sd/- (S.P. Gupta)

Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department. To

All the Administrative Secretaries to Government of Haryana/ Heads of Departments in Haryana/Divisional Commissioners/ Deputy Commissioners/Sub Divisional Officers (Civil) in Haryana/ Registrar, Punjab & Haryana High Court, Chandigarh/ Accountant General, Haryana (Audit)/(A&E), Chandigarh.

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GOVERNMENT OF HARYANA DEPARTMENT OF FINANCE

No. 1/2(8)98-2FR-II (Part IX) Dated 11th February, 2002

Office Memorandum

Subject : Implementation of Government decision on pension/family pension related

matters - revision of pension of pre-1986 and pre-1996 pensioner/family pensioners.

Sir, I am directed to invite your attention to Finance Department notification No. 1/2(8)-98-2FR-II(Part IV) dated 13-01-2000 and 1/2(8)98-2FR-ll(Part V) dated 18-01-2000 on the subject noted above and to state that the provision have been made for (i) Retiring Pension

(ii) Superannuation Pension

(iii) Compensation Pension

(iv) Invalid Pension The Accountant General has sought clarification whether pension/family pension of those employees who were permanently absorbed in Public Undertaking is to be revised in the light of Haryana Government Notification dated 13-01-2000 and 18-01-2000 or not. The matter has been examined and after due consideration, Haryana Government has now decided that the pro-rata pension of pensioners is to be revised in accordance with the instructions dated 13-01-2000 and 18-01-2000 read with instructions bearing no. 1/2(8)98-2FR-II(Part VllI) dated 7.1.2002. However, the said benefit will not be admissible on family pension and in cases where lump sum payment in lieu of pension has been made. Yours faithfully, Sd/- Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been modified partly vide No. 12/1/152/PE/FD/SA-2, dated 12.11.2002 & 11.11.2004.

No. 12/1/152/PE/FD/96/SA-2 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner Ambala, Hisar, Rohtak & Gurgaon Divisions, and All Deputy Commissioners in Haryana, All Managing Directors/Chief Executives/Chief Administrators of all Corporations/Companies/ Boards/Co-operative Institute in the State. Dated, Chandigarh, the 14th February, 2002 Subject : Grant of Bonus/Ex-gratia to the employees of Public Sector Undertakings—

Policy regarding. Sir, I am directed to draw your attention towards this department letter No. 12/1/152/ PE/FD/SA-2, dated 24-10-2000 vide which a uniform policy was circulated for the payment of Bonus/Ex-gratia to the employees of Public Sector Undertakings. According to Para-B, Sub Para vi, of the said circular letter it was clarified that ex-gratia is not a statutory liability. The decision regarding payment of ex-gratia will be taken by the management only after the annual accounts of the Public Enterprises are duly audited and there are sufficient allocable surplus. It has, however, been observed that many Public Enterprises are still making provision for payment of ex-gratia in the balance sheet and profit and loss account which is against the policy guidelines issued by the Finance Department. In view of above, it is clarified that no provision for ex-gratia payment should be made in the balance sheet/profit and loss account of the Organisation for the relevant financial year. Further, the decision regarding payment of ex-gratia should be taken by the Management only after the annual accounts of the Public Enterprises are duly audited and there are sufficient allocable surplus with the Public Enterprise. Receipt of this communication may please be acknowledged. Yours faithfully, Sd/- Accounts Officer (PE) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to all the Financial Commissioners & Administrative Secretaries to Govt. Haryana for information and necessary action. They are requested to examine the proposals for grant of Bonus/Ex-gratia for the Public Sector Undertakings under their control in the light of above instructions. Sd/- Accounts Officer (PE) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners/Administrative Secretaries to Govt., Haryana. U.O. No. 12/1/152/PE/FD/96/SA-2 Dated 14-2-2002 Endst. No. 12/1/152/PE/FD/96/SA-2 Dated 14-2-2002 A copy is forwarded to the Member Secretary, HBPE for information and necessary action. Sd/- Accounts Officer (PE) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been partly modified vide No. 7/8/2008-4Pension, Dt. 5.5.2008.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 1/2(152)01-2FR-II

Dated, Chandigarh, the 20th February, 2002

Office Memorandum Subject : Payment of interest on delayed retiral benefits. The undersigned is directed to address the subject noted above and to say that the State Government has issued following instructions in respect of payment of interest on delayed retrial benefits:

Sr. No.

Reference Number Subject

1. No. 1/4(5)-79-2FR-II, dated the 9th March, 1981

Payment of interest to retired employees if the payment of DCRG is delayed.

2. No. 1/4(34)-84-2FR-II, dated the 15th October, 1984

Payment of interest payable to a retired Government employee on delayed payment of gratuity

3. No. 1/2(74)/88-2FR-II, dated the 12th February, 1990

Payment of interest on pension dues revised as a result of inclusion of special pay towards pay for determining the pension.

4. No. 1/2(74)88-2FR-II, dated the 24th October, 1991

On commutation of pension on the enhanced payment consequent upon addition of special pay in the total emoluments.

2. It has been observed that in certain cases of retiring employees, the retiral benefits on account of pension, gratuity, leave encashment etc. get delayed causing inconvenience to the retirees. Even though the Government has been issuing instructions from time to time for timely completion of all formalities and payment of retiral dues in time, delays in disbursement thereof are not unknown. In certain cases, the retired employees approach the Courts and claim payment of all such retiral benefits along with interest for the period of delay. It has further been observed that the courts have been allowing interest at varying rates from 12% to 18% on such delayed payments. 3. Ideally speaking, an employee should get all his retiral benefits on the date of retirement yet keeping in view the procedures involved, both on the part of employees as well as the departments, some delays might take place. The matter has been considered in the Finance Department and it has been decided that three months time from the date of retirement should be considered as a reasonable period for processing of all such claims and payment thereof to the retired employees. In case the retiral benefits are paid within this period of three months from the date of retirement, no interest would be payable on the same. 4. In case where the delay exceeds a period of three months in settlement and payment of such retiral benefits, the same should be paid along with interest calculated from the date of retirement till the date of payment. Wherever the delay in settlement and payment of retiral benefits is beyond a period of six months from the date of retirement, the interest should

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be paid to the retired employee/pensioner but the interest amount beyond a period of six months should be recovered from the employee(s) responsible for causing such delay.

5. However, these instructions would not be applicable in cases where the payment of retiral benefits is withheld on account of disciplinary proceedings pending against the said employee at the time of his retirement. A further issue would also arise regarding payment of interest on the retiral benefits in case of such employees who are facing disciplinary proceedings at the time of their retirement/superannuation from Government service. These cases should be decided in the following manner:

(i) In the case of an employee against whom disciplinary proceedings are pending at the time of retirement and the employee is clearly exonerated and steered clear of all the charges during the process of disciplinary proceedings and proved innocent, the retiral benefits due to him should be paid along with interest from the date of retirement till the date of payment.

(ii) In case of an employee against whom disciplinary proceedings are pending at the time of retirement, and the said employee is held guilty, partially or fully, of the charges leveled against him, no interest would be payable on the retiral benefits in his case till a period of three months from the date of final decision on the disciplinary proceedings. If the delay in these cases is beyond a period of 3 months of the date of decision on disciplinary proceedings and the employee concerned has completed the formalities on his part, interest on such dues may also be allowed from the date of decision of disciplinary proceedings till the date of payment.

(iii) In case of an employee against whom disciplinary proceedings are dropped on account of lack of evidence (i.e. he is not proved innocent) or disciplinary proceedings are dropped only on the grounds that the employee has retired, no interest would be payable on the retiral benefits in his case till a period of three months from the date of final decision on the disciplinary proceedings. If the delay in these cases is beyond a period of 3 months of the date of decision on disciplinary proceedings and the employee concerned has completed the formalities on his part, interest on such dues from the date of decision of disciplinary proceedings till the date of payment may also be allowed.

6. The issue pertaining to the admissible rate of interest in these cases has also been considered. It has been observed that the interest rate regime remains volatile and it keeps on changing from time to time in view of the economic and monetary policies in force at various points in time. In the face of changing scenario in this respect, it has been decided, in super-session of all instructions issued on the subject here-to-before, that the rate of interest admissible in all these cases should be linked with the interest rate in force on General Provident Fund Accounts of the Government employees from time to time. Even today as on the date of issue of these instructions, the admissible interest rate of GPF accumulations is 9.5% which is higher than the rate of interest being offered by all banks on term deposits. Accordingly, the rate of interest should be applied at the rate in force on GPF of Government employees relevant to the period for which such interest becomes payable.

7. These instructions shall take effect from the date of issue and may be brought to the notice of all concerned for strict compliance. Sd/- (Y.S.MALIK) Commissioner & Special Secretary to Govt., Haryana, Finance Department.

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To

All the Administrative Secretaries/Heads of Departments/ Registrar, Punjab & Haryana High Court at Chandigarh/ Member Secretary, HBPE/Divisional Commissioners/ Deputy Commissioners/SDOs (Civil)/Accountant General (A&E) and Audit, Haryana/Treasury officers in the state of Haryana with five copies in each case for use in the offices.

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No. 11/6/91-4FD-III/2002(317) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, Commissioners, Ambala, Hisar, Rohtak and Gurgaon Divisions, All the Deputy Commissioners and Sub Divisional Officers (Civil) in the State, The Registrar, Punjab and Haryana High Court, All District & Session Judges in Haryana. Dated, Chandigarh, the 21st February, 2002. Subject : Amendment in Condemnation and Disposal Rules and procedure for store

items and vehicles upto 31.12.2004 – Special Campaign for disposal. Sir, I am directed to invite a reference to F.D.‘s circular letter No. 11/6/91-4FD-III/78 (99), dated 31.3.99 on the subject noted above, vide which powers had been delegated to you to dispose off unserviceable condemned store items/vehicles upto 31.12.2001 and to say that Finance Department has considered this matter again and decided to extend the said delegation in all offices of the State upto 31.12.2004 on the terms and conditions mentioned in supersession of Finance Department‘s letter No. 11/6/91-4FD-III/2001, dated 10.7.2001 including Boards/Corporations. Yours faithfully, Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 11/6/91-4FD-III/2002 (317) Dated : 21.2.2002. A copy is forwarded to the Accountant General (Accounts/Audit), Haryana, Chandigarh for information. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded for information and necessary action to all the Financial Commissioners & Principal Secretaries and Administrative Secretaries to Govt., Haryana. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To All the Financial Commissioners & Principal Secretaries and Administrative Secretaries to Govt., Haryana. U.O. No. 11/6/91-4FD-III/2002 (317) Dated : 21.2.2002. No. 11/6/91-4FD-III/2002 (317) Dated : 21.2.2002. A copy is forwarded to the :-

All M.Ds. of Boards and Corporations in Haryana. All G.Ms., Haryana Roadways. Managing Director, Haryana Concast Ltd., for information and necessary

action. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all Branch Officers/Superintendents of Finance Department for information and necessary action. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Branch Officers/Superintendents of Finance Department. U.O. No. 11/6/91-4FD-III/2002 (317) Dated : 21.2.2002.

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These instructions have been clarified vide No. 6/16/2001-3PR(FD), Dated 27.06.2002.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

NO. 6/16/2001-3PR(FD)

15th MARCH, 2002

Office memorandum

Subject : Regarding counting of adhoc and work charged service toward the benefit of additional increments on completion of 8/18 years service and Higher Standard Pay Scales after 10/20 years service.

The undersigned is directed to refer to the subject mentioned above and to say that on the demands of various associations/unions of employees, the State Government introduced various schemes in order to take care of stagnation and lack of promotional avenues for employees belonging to Group 'C' and 'D' as a welfare measure from time to time.

2. The first scheme was introduced vide instructions dated 14th May, 1991. Under this scheme, it was decided to provide following benefits to employees of Group 'C' and 'D' :-

(i) Provision of additional increments after 10 or 20 years service.

(ii) Grant of annual increments even after reaching the maximum of the pay scale in place of biennial increments.

3. Thereafter, this above scheme was further modified vide Govt. instructions dated 07.08.1992. Under this scheme, it was decided to grant additional increments on completion of 8/18 years regular satisfactory service instead of 10/20 years service.

4. The State Govt. introduced another scheme vide notification dated 08.02.1994 but effective from 1.1.994. Under this scheme, known as the Higher Standard Scales Scheme, it was decided to grant higher standard scales after completion of 10/20 years regular satisfactory service. Some clarifications were sought by various Departments regarding grant of benefits under these schemes. These points were clarified vide instructions dated 29.12.1995, wherein it was clarified that adhoc service and work charged service was not to be counted while calculating the required regular and satisfactory service for the purposes of grant of Higher Standard scales.

5. Judicial View on Adhoc Service :

(i) Some Government employees filed various writ petitions in the Hon'ble Punjab & Haryana High Court seeking therein the benefit of adhoc service rendered by them for calculating total length of service for the purpose of grant of benefits of Higher Standard Scales. These writ petitions were disposed off by the Hon'ble High Court in terms of full bench's judgment in the case of R.K. Singla V/s State of Haryana in CWP No. 15034 of 1993. In R.K. Singla's case, the petitioner was claiming benefit of adhoc service for computing 12 years service towards the benefit of selection grade granted by the State Government to the Engineers of PWD (three wings) and Doctors vide letter dated 02.06.1989 read with clarificatory letter dated 16.05.1990.

(ii) While disposing off the case of R.K. Singla, it was held by the Hon'ble High Court that :

"Such period of adhoc service which is countable for the purpose of seniority and other service benefits in the light of the judgment of the

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Supreme Court in the direct recruitment case as explained in Aghore Nath's case and the full bench of this court in Chambel Singh's case shall be counted for the purpose of regular service in the context of circular dated 2. 6.1989. "

(iii) The State Government preferred to challenge the said orders by way of filing various SLPs in the Hon'ble Apex Court. The State Government also filed SLP against the orders of Hon'ble full bench of Punjab & Haryana High Court in the case of R.K. Singla.

(iv) All these SLPs were tagged in the Hon'ble Supreme Court of India and came up for hearing before a three judges bench of Hon'ble Supreme Court on September 19, 2000 in the main Civil Appeal No. 13423 of 1996 - State of Haryana V/s Haryana Veterinary and AHTS Association. While disposing off the SLPs, it was held by the Hon'ble Apex Court that:-

"Thus the appointment of respondent Rakesh Kumar was a fresh appointment in accordance with the statutory Rules after the Public Service Commission adjudged their suitability and the regular service of the respondent Rakesh Kumar must be counted from the date he joined the post pursuance to the offer of appointment dated 29.01.1982 and the period of service rendered by him on adhoc basis cannot be held to be regular service nor can it be tagged on to the later service for earning the benefit under the Govt. Circular dated 2nd June, 1989 as well as the clarificatory circular dated 16th May, 1990. The conclusion of the majority judgment of the High Court, therefore, is wholly erroneous and cannot be sustained."

Thus, the Hon'ble Apex Court set aside the fulI bench judgment of Hon'ble Punjab & Haryana High Court in R.K. Singla's case. It was further held by the Hon'ble Apex Court that :–

"Since the judgement of Rakesh Kumar has been followed in all other cases which are also the subject matter of appeal before this court in the tagged on matters, following the conclusions arrived at by us in Rakesh Kumar's case, the impugned judgement and direction in all these matters are set aside and the appeals filed by the State of Haryana Stand allowed"

(v) Another matter of the State of Punjab came up for hearing before a Division Bench of Hon'ble Apex Court on February 20, 2001 in the case of State of Punjab and others vs. Gurdeep Kumar Uppal and others wherein the question of counting of adhoc service towards the benefit of proficiency increments under Proficiency Step-up Scheme of Punjab Government was involved. While disposing off the said case, the Hon'ble Apex Court relied upon the judgement of three judges bench of Hon'ble Apex Court in the case of State of Haryana and others VIs Haryana Veterinary and AHTS Association and others 2000 (B).SCC 4. It was observed by the Hon'ble Apex Court that:

"This question was considered by a three judges bench of this court in the State of Haryana V/s Haryana Veterinary and AHTS Association and another 2000 (B) SCC 4 wherein this court took the view that for calculating 8/18 years service required for giving higher scale of pay and/ or determination of seniority only regular service rendered by the employees is to be counted and not adhoc service."

Thus, the Hon'ble Apex Court set aside the judgement of Hon'ble Punjab and Haryana High Court in CWP No. 452 of 1990 Gurdeep Kumar Uppal and others V/s State of Punjab.

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6. Judicial view on Work-charged service :

(i) Some writ petitions were filed before the Hon'ble Punjab & Haryana High Court by the Haryana Government employees seeking therein the benefit of service rendered by them on work charged basis for the benefit of additional increments after completion of 8/18 years service and higher standard scales after completion of 10/20 years service. Out of these writ petitions, some writ petitions were disposed off in terms of full bench judgement of Hon'ble Punjab & Haryana High Court in R.K. Singla's case and some of the writ petitions were disposed off by the Hon'ble High court in terms of judgement of Hon'ble Punjab & Haryana High Court in CWP No. 18429 of 1996, Banta Ram & others Vs. State of Haryana.

(ii) The State Government filed various SLPs in the Hon'ble Apex Court against the judgements of Hon'ble Punjab & Haryana High Court in the cases of work charged employees. A total of 16 SLPs were tagged with the bunch matter in the main case of civil appeal No. 13423 of 1996 State of Haryana Vs. Haryana Veterinary and AHTS, Association & others. However, while disposing off the said bunch matter, these 16 civil appeals were de-linked (wherein question of counting of work charged service towards the benefit of additional increments and higher standard scales was involved) on the contentions of the respondents that the period rendered on work charged basis count for seniority, increment and pension.

(iii) The said bunch of appeals came up for hearing before a three judges bench of the Hon'ble Supreme Court on 31st October, 2000 in the main civil appeal No. 5740-5741 of 97 - State of Haryana Vs. Ravinder Kumar and others. These appeals were disposed off vide order dated 31.10.2000. Operative part of the judgement is reproduced as follows:-

"These batch of cases were de-linked while hearing another batch of appeals from the same state which were disposed-off by us by judgement dated 19th September, 2000. It is conceded by the learned counsel appearing for the state that in these cases we are concerned with employees who had been engaged initially on work charged basis and later on they were regularized and brought into the cadre of the service. It is also not disputed by the learned counsel appearing for the State that this period, which the employee have rendered on work charged basis, count for the purpose of increments in the cadre as well as the qualifying service for the pension. We, therefore, see no justification in not counting their period for the purpose of giving additional increment on completion of 8 and 18 years of service as well as 10 and 20 years of service for getting higher scale as per the Government circular, which obviously are intended to avoid stagnation in a particular grade."

(iv) The State Government filed a review petition against the order of Hon'ble Apex Court in Ravinder Kumar's (Supra) case. In the said review petition, all the facts and circumstances were brought to the notice of Hon'ble Apex Court including the judgement in case of adhoc service. The said review petition was, however, dismissed by the Hon'ble Apex Court.

(v) Another attempt was made to place all the facts and circumstances in the matter before the Hon'ble Apex Court in SLP No. 4158 of 98 - State of Haryana Vs. Babu Ram. However, the said SLP has also been dismissed following the judgements in Ravinder Kumar's case.

247

(vi) A number of Civil Writ Petitions, filed by employees having rendered service on work-charged basis, are still pending before the Hon'ble Punjab & Haryana High Court. While disposing of CWP No. 425 of 2002 - Ram Karan Vs. State of Haryana & others, it has been observed by the Hon'ble Punjab & Haryana High Court that :-

"Government being the largest employer in this country is expected to maintain certain requisite standards of service administration so as to avoid unnecessary harassment to its employees. Once the matter is settled up to the highest court of the land, the least that is expected from the Government is to grant benefit to its employees whether they were parties to the civil appeal before the apex court or not ".

7. Decisions of the Government :

Keeping in view that the State Government has exhausted all remedies available under the law and the ratio of judgements referred to above, the Government has decided to implement the orders of the Hon'ble Punjab & Haryana High Court and the Hon'ble Supreme Court of India. Accordingly, in super-session of all instructions issued in this behalf hereinbefore, all the departments are directed to take action as follows :-

(i) The adhoc service is not to be counted towards regular service for the purpose of calculation of prescribed length of service for the grant of additional increments on completion of 8/18 years service under the scheme introduced vide Government letter dated 07.08.1992, the Scheme introduced by the Government for Engineers of PWD (three wings) and Doctors vide Government Instructions dated 2.6.89 read with clarificatory instructions dated 16.5.90, and the higher standard scales under the scheme of Higher Standard Scales introduced for group 'C‘ & 'D' employees introduced vide letter dated 08.02.1994 but effective from 1.1.94.

(ii) That the service rendered on work-charged basis followed by regular service which count for the purposes of increments in the cadre as well as qualifying service for pension, the same is to be taken into account for the purpose of calculation of prescribed length of service under the scheme of additional increments on completion of service of 8/18 years service implemented vide Government instructions dated 07.08.1992 and for grant of higher standard scales on completion 10/20 years service under the Scheme of Higher Standard Scales introduced by the Government vide letter dated 08.02.1994 in compliance of the orders of the Hon'ble Supreme Court of lndia in Ravinder Kumar's case.

Provided that the said benefits may be granted on notional basis on the relevant date(s) but the actual payment of arrears shall be confined to a period of 38 months prior to the issuance of these instructions. However, in cases where the requisite benefit has been granted by the Hon'ble Punjab & Haryana High Court, the payment of arrears be allowed to the petitioners in such cases for a period of 38 months prior to the date of filing of civil writ petitions by them or the date of introduction of relevant scheme whichever is later. Further, in case there are specific directions by the Hon'ble Court in a given case to pay arrears for more than 38 months period, then the payments be made as per specific directions only. Other terms and conditions of the schemes shall remain unchanged.

(iii) It may be please be ensured that the work charged service shall be countable towards the benefit of additional increments under the scheme introduced vide

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Government instructions dated 07.08.1992 and for Higher Standard Scales under the scheme introduced vide instructions dated 08.02.1994.

Sd/- (Balwant Singh)

Under Secretary (Finance) for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To

All the Administrative Secretaries to Government of Haryana in various Departments Heads of Departments/Divisional Commissioners/ Deputy Commissioners/SDOs (Civil) in Haryana/Registrar, Punjab & Haryana High Court at Chandigarh/ Accountant General (A&E) Haryana and the Accountant General (Audit) Haryana, with five spare copies in each case for use in the offices.

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249

These instructions have become obsolete.

(19th March, 2002)

‖

‖

‖

‖

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250

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‖

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Contd… Encl.

251

PERFORMA

I. (a) Department

(b) Subject/Title of the Review/Paragraph

(c) Paragraph No.

(d) Report No. and Year

II. (a) Date of receipt of the Draft Paragraph/Review in the Department

(b) Date of Department‘s reply

III. Gist of Paragraph/Review

IV. (a) Do the Department agree with the facts and figures included in the Paragraph?

(b) If not, please indicate the areas of disagreement and also attach documents in support.

V. (a) Main Audit conclusions :

(1) Deficiency in the existing system including system of internal control.

(2) Failure to follow the systems and procedure.

(3) Failure of individuals.

(4) Amount of loss/short assessment/short levy.

(b) Do the department agree with the Audit conclusions? If not/please indicate specific areas of disagreement, reasons for disagreement and also attach copies of relevant documents, where necessary.

VI. Remedial action taken :

(i) Improvement in system and procedure including internal controls.

(ii) Recovery of over payment pointed out by Audit.

(iii) Recovery of under assessment, short levy or other dues.

(iv) Writer off of amount of losses/wasteful expenditure/irrecoverable amount.

(v) Modifications in the scheme including financing pattern.

(vi) Review of similar cases/complete scheme/project in the light of finding of sample check by Audit.

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These instructions have become obsolete.

MOST IMMEDIATE No. 16/1/2002-4B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, The Commissioners Ambala/Hisar/Gurgaon and Rohtak Divisions, All Deputy Commissioners in Haryana.

Dated, Chandigarh, the 21st/25th March, 2002

Subject : Economy in expenditure — curtailment of consumption of petrol, lubricants and diesel etc. by Govt., Vehicles.

Sir, I am directed to refer to F.D. Circular letter No. 16/1/2000-4B&C, dated 20th March, 2001 on the above subject and to say that to enable F.D. to assess the total requirement of POL/Diesel Coupons of your department for the year 2002-2003 following information may please be furnished by the 31st March, 2002, at the latest :- 1. Total No. of Vehicle with the Department During the year :

Sr. No.

Year Petrol driven Car/Jeep/other/total

Diesel driven Car/Jeep/other/total

Designation of the entitled

officer.

1. 2000-2001

2. 2001-2002

3. 2002-2003

2. Total Budget provision made by the Department for Pol/Diesel During the year 2002-2003 Rs. _______________________________. 3. Pol/Diesel expenditure incurred by the Department During the year :

2000-2001 (Actual Expenditure) Pol Diesel

2001-2002 (Actual Expenditure)

4. Value of Coupons issued by F.D. to Department During the year 2001-2002

5. No. of Coupons of each denomination balance with the alongwith their total value.

6. Demand of the Department for the year 2002-2003 with special reasons for increase if any over 2001-2002.

7. It is also made clear that no POL/Diesel Coupons will issued for the payment of pending bills of the previous year and with the requisite information as required above,

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POL/Diesel Coupons issued for the year 2001-2002 to the departments will not be treated as valid after 31.3.2002 and new Coupons with a different colour will be issued to them from 1.4.2002 onwards. It is therefore, requested that the stock of unused coupons lying with you as on 1-4-2002 may please be returned with the following certificate :-

―Certified that Pol/Diesel Coupons of the Value of Rs.______________ of the following denomination are returned to the FD‖

Denomination Value

It is also made clear that no coupons will be issued on adhoc basis in the absence of the information asked for and the budget provisions for 2002-2003

8. It may also be ensured that no bill pertaining to Pol/ Diesel expenditure is got passed from the Treasury without attaching the coupons.

Yours faithfully,

Sd/- Superintendent Budget and Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 16/1/2001-4B&C Dated, Chandigarh, the 25th March, 2002

A copy is forwarded to the Accountant General, Haryana, Chandigarh for information.

Sd/- Superintendent Budget and Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 16/1/2001-4B&C Dated, Chandigarh, the 25th March, 2002

A copy is forwarded to the :-

Special Secretary to Govt., Haryana (P&A), Chandigarh. All the Treasury Officers in Haryana for information and necessary action. Sd/- Superintendent Budget and Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to the Financial Commissioners, Haryana, and all the Administrative Secretaries to Govt. Haryana for information and necessary action.

Sd/- Superintendent Budget and Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners and All Administrative Secretaries to Govt., Haryana.

U.O. No. 16/1/2001-4B&C Dated, Chandigarh, the 25th March, 2002.

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These instructions have become obsolete.

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana. Memo No. 6/30/2002-2PR(FD)

Dated, Chandigarh, the 22nd March, 2002 Subject : Court cases pending in the Hon‘ble Punjab and Haryana High Court with

regard to Higher Standard Scales & A.C.P. Scales. Reference subject cited above. 2. Various cases of grant of Higher Standard Scales and A.C.P. scales to the Haryana Government employees are pending in the Hon'ble Punjab & Haryana High court. Most of the cases are coming up for arguments on 21.04.2002 in the Hon‘ble Punjab & Haryana High Court. You are, therefore, requested to please send the particulars of such court cases pertaining to your department with the latest position of the case to the Finance Department within a week positively so that the position is brought to the notice of Law Officers who are defending the Court Cases in the Court. Sd/- Superintendent Pay Revision, for Financial Commissioner & Principal Secy. to Govt., Haryana. Finance Department.

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These instructions have been Reiterated from time to time.

MOST IMMEDIATE DATE BOUND

No. 1/12/91-WM(7) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners, Sub Divisional Officers (Civil) in the State. Dated, Chandigarh, the 1st April, 2002 Subject : Reconciliation of figures under the Major Head-‗0049-Interest Receipts.‘ Sir, I am directed to invite your attention to Finance Departments letter No. 1/12/91-8WM, dated 11.12.2001 on the subject noted above, whereby you were requested that departmental figures of receipts on account of loans and interests thereon should be regularly reconciled with the receipts figures of Accountant General, Haryana. Loans and Advances are granted all the Heads of Departments by Finance Department (Ways & Means Br.) and recovery of interest on loans and advances are booked under the Major Head ‗0049-Interest Receipts'. The Accountant General Haryana has again pointed out that reconciliation work upto the month of December, 2001 under above cited Major Head has not yet been started by the departments. You are therefore, requested to depute the concerned official of your department to the office of Accountant General, Haryana and ensure that the reconciliation work is completed within one week positively under intimation to the Finance Department. The reconciliation work must be completed by the 7th Day of Second following month to which the accounts pertains. Yours faithfully, Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 1/12/91-WM(7) Dated, Chandigarh, the 1.4.2002 A copy is forwarded to the Deputy Accountant General, Haryana, (A&E), Chandigarh for information. Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

256

A copy is forwarded to the Superintendent Budget & Committee Branch with reference to his letter No. 20/1/200-6B&C, dated 18.3.2002 for information and necessary action. Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Superintendent, Budget & Committee Branch. Endst. No. 1/12/91-WM(7) Dated, Chandigarh, the 1.4.2002.

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HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATION)

Notification

The 19th April, 2002

No. 2/4/2000-3FR-II.— In exercise of the powers conferred by clause (2) of article 283 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Financial Rules, Volume I in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Financial Volume I (Haryana First Amendment) Rules, 2002.

2. In the Punjab Financial Rules, Volume I, in rules 8.8, 8.9, 8.13 and the notes thereunder, for the letters and figures ―Rs. 1000‖ wherever occurring the letters and figures ―Rs. 500‖ shall be substituted.

A.N. MATHUR Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

No. 2/4/2000-3FR-II Dated, Chandigarh, the 19th April, 2002

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers, Civil, in Haryana. The Registrar, Punjab and Haryana High Court, Chandigarh.

Sd/- (Sammat Singh)

Under Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

No. 2/4/2000-3FR-II Dated, Chandigarh, the 19th April, 2002

A copy is forwarded to Accountant General (A&E) Haryana, Chandigarh for information with reference to their letter No. TM (T)/2001-02Sub.vr./2001-02/813 dated 8.11.2001

Sd/-

(Sammat Singh) Under Secretary, Finance,

for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

No. 2/4/2000-3FR-II Dated, Chandigarh, the 19th April, 2002

A copy along with an attested copy is forwarded to the Controller, Printing & Stationery, Haryana for information and necessary action.

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2. He is requested that this notification be got printed in the Haryana Govt. Gazette and 500 spare copies be supplied to Govt. for record.

Sd/- (Sammat Singh)

Under Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

No. 2/4/2000-3FR-II Dated, Chandigarh, the 19th April, 2002

A copy for information and necessary action is forwarded to :-

Financial Commissioners, Haryana.

All the Administrative Secretary to Govt., Haryana.

Sd/- (Sammat Singh)

Under Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

To

The Financial Commissioners, Haryana. All the Administrative Secretary to Govt., Haryana.

U.O. No. 2/4/2000-3FR-II Dated, Chandigarh, the 19th April, 2002

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No. 46/1/2002-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Head of Departments, Commissioner of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners & Sub Divisional Officers (Civil), All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 22nd April, 2002. Subject : Grant of interest free advance to Government employees for the purchase of

wheat during the year 2002-2003. Sir, I am directed to inform you that the State Government has decided to grant an interest free advance of Rs. 4000/- (Rs. Four thousand only) to all Class-IV Govt., employees in the State who wish to buy wheat for their own consumption during the year 2002-2003. The advance will be recoverable in monthly instalments to be fixed by the Departments concerned so as to effect its full recovery before the close of the financial year 2002-2003 i.e. full loan should be recovered before 31.3.2002. 2. The advance will be admissible to permanent/temporary regular Class-IV employees only. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would, in the case of temporary employees, allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanees before the close of the financial year 2002-2003. 3. The following conditions should be observed in sanctioning this loan :-

(i) A certificate should be obtained from the loanee to the effect that he has utilized the loan for the purchase of wheat. He should give this certificate within one month of the drawal of the advance.

(ii) The officer concerned, before sanctioning the advance, should satisfy himself that the incumbent will continue in service until full recovery of the total amount of advance is effected.

(iii) These orders will cease to operate after the 31st May, 2002.

(iv) The recovery of the first instalment of the advance should preferably be made from the pay for the month of May, 2002.

(v) The advance should not be granted to those Class-IV employees on deputation to other Govt./Corporations and Local Bodies etc.

(vi) The advance will not be admissible to work charged and daily wages employees.

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(vii) Where both husband and wife are employed, the wheat advance should be allowed to only one of them.

4. It is requested that the schedule of recoveries should be attached with each pay bill in the proforma enclosed. It is also requested that the detailed accounts of the recoveries of the loan should be maintained by the Drawing and Disbursing Officers which should be reconciled with the office of the Accountant General, Haryana (A&E) every month. 5. The expenditure incurred on the grant of wheat loan may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by 30.6.2002 positively in the enclosed Performa. 6. The expenditure may be debited to the Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99) Advances for purchase of Food grains 50-advances (non-plan). The recoveries made may be credited to the corresponding receipt head i.e. "7610- Loans to Govt. Servants etc. 800- other Advances-(99)Advance for Purchase of Foodgrains(Receipt). Yours faithfully, Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. No. 46/1/2002-WM(6) Dated, Chandigarh, the 22nd April, 2002. A copy is forwarded to the Accountant General, Haryana (Accounts and Audit), Haryana, Chandigarh for information and necessary action.

2. The expenditure will be debited against grant No. 25 under Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99)-Advances for purchase of Food grains-50 Advances (Non Plan).

3. Detailed accounts of the recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. No. 46/1/2002-WM(6) Dated, Chandigarh, the 22nd April, 2002. A copy is forwarded to all Treasury Officers/Assistant Treasury Officers Haryana with the request that date given in the letter may please be strictly followed and no bill be passed after 31.5.2002. The payment made on the basis of the sanction issued by the Department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department.

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Copies are forwarded to :-

The Financial Commissioner Revenue, Haryana, All the Administration Secretaries to Govt. Haryana; for information and necessary action. Sd/- Under Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To The Financial Commissioner Revenue, Haryana. All the Administration Secretaries to Govt. Haryana. No. 46/1/2002-WM(6) Dated, Chandigarh, the 22nd April, 2002. A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- Under Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To The Principal Secretary/Add. Principal Secretary/Officers on

Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Dy. Chairman, Planning Board, Haryana.

U.O. No. 46/1/2002-WM(6) Dated, Chandigarh, the 22nd April, 2002.

PROFORMA

Name of Department

Name of Office Drawing and Disbursing Officer

Amt. of wheat adv. to employees

1 2 3 4

SCHEDULE OF RECOVERIES

S. No.

Name & Designation

of employees

Total amount

of advance

Recoveries upto last month

Amount of advance

recovered in this bill

Total amount

recovered upto date

Balance Remarks

1 2 3 4 5 6 7 8

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No. 28/35/2000-6B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments in Haryana, The Registrar, Punjab & Haryana High Court, All Commissioners of Divisions, All Deputy Commissioners in the State, All Sub Divisional Officers in Haryana.

Dated, Chandigarh, the 26th April, 2002.

Subject : Computerized print outs of pay bills of State Govt. Employees.

Sir,

I am directed to address you on the subject noted above and say that vide F.D. Haryana letter No. 28/35/2000-6B&C, dated 18th August, 2000, it was emphasized that the A.G. Haryana was going to take up updating computerised enumeration of the State Govt. employees on the basis of vouchers pertaining to pay and allowances for the salary month of October, 2000. As such, all the DDOs were to be directed to ensure presentation of computerized print outs of the pay bills for pay and allowances from the month of August, 2000 onwards to the Treasuries which may also be complete in all respect as per details given therein.

Subsequently, on report from certain departments the condition of presentation of computerized print out of pay bills was relaxed to the extent that the pay bills of such departments/offices who are not having facility of computers be prepared manually, as hithertofore, with complete requisite information.

Now it has come to the notice of the Finance Department that certain field offices are getting pay bills of their employees printed through computer from open market and costs thereof are being collected from the concerned employees. This practice must be stopped immediately. It is, therefore, again emphasized that either Heads of Departments make necessary arrangement of providing computer to their all field offices or supply computerized proforma of pay bills to their sub offices which will be filled in manually by the concerned sub-offices and presented to the concerned Treasury. It is requested that necessary action may be taken at once, accordingly. Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 28/35/2000-6B&C Dated 26.4.2002. A copy is forwarded to the Accountant General, Haryana Chandigarh for information. Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 28/35/2000-6B&C Dated 26.4.2002. A copy is forwarded to the Director, Treasuries & Accounts Haryana with the request that all the Treasury Officers in the State may be instructed accordingly. Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 28/35/2000-6B&C Dated 26.4.2002. A copy is forwarded to the Haryana Karamcharis Mahasangh 22, Santro Enclave, Delhi Road, Hisar- 01662-22622 for information. Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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FINANCE DEPARTMENT

No. 11/111/01-4FR-II

Dated, the 29th April, 2002

Office memorandum Subject : Regarding sanction of cash payment in lieu of unutilised Earned leave on the

date of retirement/superannuation from Government service. The undersigned is directed to refer to the subject mentioned above and state that the matter of timely payment of dues on retirement/superannuation from Government service to the retiring employees has been engaging the attention of the Government for some time in the past. Instructions have been issued both by the office of Chief Secretary to Government of Haryana and the Finance Department laying down time frame in this behalf. Encashment of unutilised Earned Leave (subject to a maximum of 300 days) is one of the components of dues becoming payable to a Government servant at the time of his retirement. 2. The issue under consideration of the Government in this behalf pertains to the delegation of powers for issuing sanction of payment on this account. It has been mentioned at certain levels that powers to sanction the payment of dues on this account should be delegated at lower levels with a view to avoiding delays and simplifying the procedures. 3. The rules applicable in this behalf and the executive instructions issued on the subject are as under :- (i) Rule 8.23 of the CSR, Vol. I, Part I and Appendix 12 contained in CSR Vol. I,

Part II detailing the delegation of powers. (ii) Executive instructions issued by the Finance Department vide its letter

bearing No. 11/5/78-FR-II dated the 13th February, 1978. (Copy of these instructions is enclosed for ready reference). The instructions dated 13th February, 1978 have to be read alongwith subsequent instructions bearing No. 11/50/87-1FR-II dated 29.4.87 whereby the ceiling was increased from 180 days to 240 days and instructions bearing No. 11/12/98-4FR-II dated 12.8.1998 whereby the ceiling was raised from 240 days to 300 days.

4. A perusal of Appendix 12 referred to above makes it clear that Heads of Offices are competent to sanction leave in respect of all non-gazetted Government employees while the Head of the Department is competent to sanction leave in respect of all Gazetted Government employees (Class II) and Gazetted Government employees Class I up to the District level and equivalent posts at the headquarters. The powers to sanction leave in respect of the Heads of the Departments rest with the concerned Administrative Secretaries. It has been clearly mentioned in the instructions dated 13th February, 1978 that the authority competent to grant leave shall be competent to issue orders granting cash equivalent of earned leave at the credit of the employee at the time of retirement. 5. Accordingly, it has been decided that the authorities competent to sanction leave (though within prescribed limits) would be competent to issue orders for payment of cash equivalent to earned leave at the credit (subject to a limit of 300 days) in respect of the employees superannuating from service at the time of retirement 15 days prior to the date of superannuation but the payment in lieu thereof shall be released on the date of superannuation. The sanction order in advance would only facilitate preparation of the bill and clearance thereof

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from the treasury. The competent authority issuing the sanction order would exercise due caution and ensure that :- (i) No earned leave is sanctioned to the retiring employee after the sanction

order is issued; (ii) In case the same has to be sanctioned on account of compelling reasons and

consequently, the leave available to the credit of the employee becomes less than 300 days, a revised leave encashment order would be issued superseding the initial orders adjusting the leave taken after the initial orders were issued.

6. All other conditions contained in the letter dated 13th February, 1978 would be meticulously followed.

Sd/-

(Y.S. Malik) Commissioner & Special Secretary to Government,

Haryana, Finance Department. To

All the Administrative Secretaries to Govt. of Haryana/ Heads of Departments/Heads of Officers/Registrar, Punjab & Haryana High court/All Divisional Commissioner/Deputy Commissioner/ SDOs (Civil) in Haryana with five spare copies in each case for use in their offices.

Contd… Encls.

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Copy of letter No. 11/5/78-FR-II, dated 13th February, 1978 from the Commissioner & Secretary to Govt., Haryana, Finance Department to (i) All Heads of Departments, Commissioner of Ambala Division and Sub Divisional Officers. The Registrar, Punjab & Haryana High Court and All District and Sessions Judges in Haryana. Subject : Cash Payment in lieu of Unutilised earned leave on the date of retirement. Sir,

I am directed to say that Haryana Govt. have considered the decision taken by the Govt. of India, in respect of grant of cash payment in lieu of Unutilised earned leave at the credit of Govt. employee at the time of retirement on superannuation & it has decided that the Haryana Govt. employees retiring on "superannuation" on or after 31st January, 1978 will be paid cash Equivalent of leave salary in respect of the period of earned leave at their credit at the time of retirement. This concession will be subject to the following conditions :-

(a) The payment of cash equivalent of leave salary shall be limited to a maximum of 180 days earned leave.

(b) The cash equivalent of leave salary thus admissible will become payable on retirement & will be paid in one lump-sum as a onetime settlement.

(c) Cash payment under this order will, subject to (d) below, be equal to leave salary & dearness allowance admissible on that leave salary at the rates in force on the date of retirement. No city compensatory allowance and/or house rent allowance shall be payable.

(d) From the cash amount worked out in accordance with (c) above will be deducted the pension & pension equivalent of other retirement benefits for the period for which cash equivalent of earned leave is payable.

(e) The authority competent to grant leave shall suo-motu issue order granting cash equivalent of earned leave at credit on the date of retirement.

2. These orders shall not apply to cases of premature voluntary retirement or persons who are compulsorily retired as a measure of punishment.

3. A Govt. employee already on leave preparatory to retirement who has been allowed to return to duty shall also be entitled to this benefit on the date of retirement.

4. The Govt. employees who attain the age of retirement on or after 31st January, 1978 & are granted extension of service after that date, shall also be benefited by these orders. In such cases, the benefit shall be granted on the date of final retirement on the expiry of extension to the extent of earned leave at credit on the date of superannuation plus the earned leave earned during the period of extension reduced by the earned leave availed during such period, subject to a maximum of 180 days. This benefit will not, however, be available to those who attained the age of retirement before 31st January, 1978 and were on extension of service thereafter.

5. Consequent on the issue of these orders, refusal of earned leave as preparatory to retirement, embodied in Rule 8.21 of the Pb. C.S.R. Vol. I Part I, will no longer be necessary. A Govt. employee can also avail of, as leave preparatory to retirement, a part of earned leave at his credit. In that case, he will be allowed benefits of these orders for the earned leave that remain at credit on the date of retirement in accordance with the terms & conditions stipulated in this letter.

6. Necessary amendment to the Pb. C.S.R. Vol. I Part I, will be issued in due course.

7. Please acknowledge the receipt of this letter.

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These instructions have been partial modified vide

No. 38/110/99-WM(5), Dated 06.05.2005.

No. 38/110/93-WM(5) From The Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh,

All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana,

All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 2nd May, 2002 Subject : Grant of Loans and Advances to Government Servants for the celebration of

marriage. Sir, I am directed to invite your attention to the Finance Department circular letter No. 38/110/93-WM(6) dated 10th June, 1993, on the subject cited above vide which instructions were issued by the Finance Department that application for the grant of marriage advance complete in all respects be sent to the Finance Department (in Ways & Means Branch) at least one month before the actual date of marriage. It has been observed by the Finance Department that many Departments are not adhering to these instructions meticulously. This has resulted in hardship to needy employees and in some cases to unnecessary litigations. It is, therefore, re-iterated that the above instructions be followed strictly. Application Form and Check List for the proposal are enclosed. It is again stressed that any application found incomplete or not received one month before the date of marriage as specified above, will not be entertained by the Finance Department and will be rejected straightway. 2. These instructions may kindly be brought to the notice of All Drawing and Disbursing Officers under your control for strict compliance. 3. Receipt of these instructions may be acknowledged. Yours faithfully, Sd/- (P. K. Das) Special Secretary Finance(B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 38/110/93-WM(5) Dated, Chandigarh, the 2nd May, 2002. A copy is forwarded to. the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- Special Secretary Finance(B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 38/110/93-WM(5) Dated, Chandigarh, the 2nd May, 2002. A copy each is forwarded to the following for information and necessary action :-

1. Secretary to Governor, Haryana. 2. All the Financial Commissioner & Administrative Secretaries to Govt.,

Haryana. 3. State Election Commissioner, Haryana. 4. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. 5. Hon'ble Speaker, Haryana Vidhan Sabha. 6. MDs. of Various Boards/Corpns. in Haryana (IAS Officers only). 7. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana

State.

Sd/- Special Secretary Finance(B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/ Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- Special Secretary Finance(B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Principal Secretary/Addl. Principal Secretary/Officers on Special Duty/ Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Minister/Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman, Planning Board.

U.O. No. 38/110/93-WM(5) Dated, Chandigarh, the 2nd May, 2002. Contd… Encl.

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Application Form for Marriage Advance

1. Name (in Block Letters) : ___________________

2. Father‘s/Husband‘s Name : ___________________

3. Name of the Parent Department & Designation : ___________________

4. Name of the Department where working : ___________________

5. Emoluments on which the loan is admissible:

Salary Head:____ Basic Pay: ______ Spl. Pay ___ Total ______

6. Whether permanent or Temporary (If temporary, surety of one permanent Govt. employees on the Non Judicial stamp paper of Rs. 15/- be attached.)

7. Purpose of Advance : ___________________

8. Amount of advance required : ___________________

9. Date of Joining in Haryana Govt., Service : ___________________

10. Date of Birth : ___________________

11. Date of Superannuation : ___________________

12. Date of Birth of Son/Daughter/Sister : Date_____________

13. Exact date of marriage : ___________________

14. Whether advance for the same purpose was obtained previously; if so;

Date.______________

Amount ____________

(i) Date of drawal of the first advance: _______ Rs.________

(ii) Date of drawal of the second advance _______ Rs.________

(iii) The amount of advance 1st/2nd or interest thereon still outstanding if any,

______________

(iv) Name & Date of Birth of the Child/Sister for whom previous Marriage Advance was drawn.

Name________________ Date of Birth,_________

15. Whether Husband/wife, is in Govt. service: _____________________

Dated_____________ Signature of the Applicant _________________ Designation ____________________________ Department ____________________________ Certified that my wife/husband is/is not a Haryana Government employee and he/she has not applied/obtained Marriage Advance for the same purpose. Dated:____________ Signature of the Applicant with Designation.

270

CERTIFICATE FROM THE DEPARTMENT It is certified that the advance of Rs. _____________________ (Rupees __________________________________) applied for is admissible according to the instructions and the information given by the applicant is correct. 2. It has been verified that the Daughter/Sons/Sister of the employee is really dependent upon him and she/he had not drawn marriage advance earlier for the same. Signature of Drawing & Disbursing Officer Countersigned. Signature of the Head of Department

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Form of agreement to be executed while applying for an Advance for the celebration of the Marriage in the Family of a Government Servant. An agreement made this _______ day of ________Two thousand two between Shri_____________________ s/o Shri _____________________ (hereinbefore called the borrower, which expression shall include his heir administrators executors and legal representatives) of the one part and the Governor of Haryana of the other part.

Whereas the Borrower has completed five years service under the Haryana Government on ____________and is not an adhoc employee.

Whereas the Borrower has under the instructions for the grant of advance to Govt. Servants of Haryana Govt. issued vide Finance Department No. 1759-WM(1)9184 dated 12th March, 1974 (hereinafter referred to as the said rules which expression shall include any amendment thereof addition there to for the time being in force) applied to the Governor of Haryana (hereinafter called the Govt.) for an advance of Rs. _____________ (Rupees ________________________) for the celebration of the marriage of his _____________ on the terms and conditions hereinafter contained and where as the application of the borrower for the said advance is being considered by the Government.

How it is hereby agreed between the parties thereto that in consideration of the sum of Rs.__________ to be paid by the Govt. to the borrower if and when the Govt. Sanction the said advance the borrower hereby agrees :-

1. to pay the Govt. the said advance with interest calculate according to these rules and by monthly deductions from his salary as provided hereby authorises the Government to make such deductions.

2. to expend, within one month from the date of drawl of the advance, the full amount of the said advance in the celebration of the aforesaid marriage or if the actual expenditure incurred on account of the marriage is less than the advance to repay the difference to the Govt. forthwith.

3. in the event of borrowers reversion from Govt. service before the advance drawn together with interest is fully repaid to repay in one lump sum the amount outstanding and the interest due before borrower is actually relieved from the Govt. Service.

4. to refund forthwith the amount of advance together with interest in one lump sum if the aforesaid marriage could not be celebrated of the amount of the advance could not be utilised for the purpose for which it was sanctioned.

5. if the borrower within the period already fixed for recovery of the principal and interest thereon becomes insolvent of quit the service of the Govt. or dies, the whole amount of the advance and interest accrued thereon shall immediately become due and payable.

It is hereby also agreed and declared that if the borrower dies before the advance is repaid to have the balance outstanding together with interest due, recovered from the death-cum-retirement gratuity payable by the Govt. to the legal heirs of the borrower.

In witness where of borrower and for and On behalf of the Government of Haryana have here-unto get their hands on the date aforementioned.

Signed by the said in the presence of (Signature and Designation of the borrower)

(Signature of the witness)

Signed by (Name & Designation)

for and on behalf of the Governor of Haryana in the presence of

(Signature and Designation of the Officer)

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SURETY BOND FOR GRANT OF MARRIAGE ADVANCE TO TEMPORARY GOVERNMENT SERVANTS. This deed is made on the -------- day of------------, Two thousand and ------- between Shri. --------------------------------------------- Working as ----------------------------in the department ---------------------------------and Shri ------------------------------------------------------- working as ----------------- in the department ---------------------------- (hereinafter referred to jointly and severally as the sureties) of the one part and the Governor of Haryana (hereinafter referred to as the Government) of the other part. Whereas the loan of Rs.---------------- has been granted to Shri------------------------------ ---------------------------------working as ------------------------in the department -------------------------------------hereinafter referred to as borrower) of the terms and conditions in the agreement dated --------------- subject to the borrower furnishing a permanent Government Servant as surety to guarantee the due performance and observation by him of the conditions of the agreement dated --------------. And whereas the borrower has completed five year service under the Haryana Government on -------------------------- and is not adhoc employee. And Whereas Shri--------------------------------------------and------------------------------have fulfillment of the conditions of the Marriage advance of loan agreed to stand as surety for the Borrower on the terms and conditions hereinafter appearing. Now this deed witnesses and the parties hereto agree as follows :- 1. In pursuance of the said agreement and in consideration of sum of Rs.---------------- advance by the Government to the Borrower as loan, the surety hereby agrees that the borrower shall duly, faithfully, and punctually perform all the conditions set out in the agreement dated---------------- and to be performed and observed by him and that in the event of the failure of the borrower to perform any of the said conditions and of the borrower dying or ceasing to be in service for any cause that what so ever before the amount due to the Government from the borrower is fully paid off, the surety shall immediately pay the entire amount due to the Government on account of the principle and interest under the said agreement. 2. For the consideration aforesaid and in further pursuance of the agreement it is hereby agreed that the Government granting time or any other indulgence to the borrower shall not affect the liability of surety. 3. The Government shall be entitled to deduct from the pay, Traveling Allowance or any other sum which may be or become payable by the Government to the surety the amount due to it from the surety under this deed. In Witness where of the parties have signed, this deed on the dates respectively mentioned against there. Signature in the ______ year of the Republic of India. Witness : 1. Signature of Surety & Designation

Witness : 2. Signature of Surety & Designation Signed by for and on behalf of the Governor of Haryana.

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AFFIDAVIT

I,_______________________________S/O________________________resident of __________________________presently working in the office of _________________ as __________________ do hereby solemnly affirm and declare as under :- 1. That my sister Km. __________________ D/o _____________________ wholly & solely

is dependent upon me.

2. That my sister's date of birth is _________________________________

3. That the marriage of my sister has been fixed on ___________________

4. That I am the eldest son of my family and the sister for whose marriage loan is being obtained is wholly and solely dependent upon me and financial condition of the parent is such that they cannot perform marriage by themselves.

Place : DEPONENT Dated : Verification: It is verified that above statement of mine is true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Place : DEPONENT Dated :

Annexure – IV

I, _______________ do-hereby authorize the Accountant General, Haryana to recover from the Death-cum-retirement gratuity, the amount which would become due to him on the date of superannuation/retirement the balance of outstanding marriage advance, with interest in terms of the penultimate paragraph of the agreements dated the ______________________ Dated : Signature ___________________ Designation : ________________ Certified that I hereby cancel the nomination made by me in respect of Death-cum-retirement gratuity to me at the time of retirement. Signature __________________ Designation : _______________

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CHECK LIST FOR MARRIAGE ADVANCE :

1. Marriage Loan will be granted only on the completion of five year of regular service. 2. Application Form, Agreement Form and Annexure-IV. 3. In case of regular employees, surety of two permanent employees on Stamp Paper

of Rs. 15 may be obtained. 4. Recommendation and signature of the Sanctioning Authority. 5. All column verified by the DDO. 6. The advance shall be recovered in not more than 70 (Seventy) monthly installment.

Principal and interest accrued thereon be recovered from the employee before his retirement.

7. Application form duly filled in by the applicant. 8. Date of Birth certificate issued by one of the following authority : (a) Registrar, Birth and Death, Health Department.

(b) School leaving certificate.

(c) Civil Surgeon. 9. Confirmation order of the applicant. 10. For sister's marriage the employee shall have to produce an affidavit on non Judicial

paper of Rs. 3/- to the effect that he is the eldest Govt. employee in the family and the sister for whose marriage loan is being obtained is wholly solely dependent upon him, and financial condition of the parents is such that they cannot perform marriage by themselves.

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275

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 2/3/2002-3PR(FD)

Dated, Chandigarh, the 8th May, 2002

To

1. All Head of Departments 2. Commissioners of Divisions. 3. Deputy Commissioner & Sub Divisional Officers (Civil) in Haryana. 4. The Registrar, Punjab & Haryana High Court Chandigarh.

Subject : Fixation of pay in the revised pay scale/ACP scale in cases where the date of annual increments was on 01.01.1996.

Sir,

I have been directed to invite your attention to the subject mentioned above and to the provisions contained in the following rules with regard to exercising of option for fixation of pay in the revised pay scales/ACP scales for those whose date of increment falls on 01.01.1996:

(i) Note 1 below Rule-7 of Haryana Civil Services (Revised Pay) Rules, 1998.

(ii) Note 1 below Rule-15 of Haryana Civil Services (ACP) Rules, 1998.

2. Provision in these rules is as under :-

"Where the increment of a Government servant falls on 1st of January, 1996, he shall have the option to draw the increment in the existing scale or the revised scale."

3. In the absence of a specific provision for the option on this point in the proforma given for exercise of option, under the above said notes, cases are being received from various departments that some of the employees whose date of increment was 01.01.1996 could not exercise their option properly.

4. The matter has been considered and it is clarified that an employee, whose normal date of increment was 01.01.1996, may be allowed to re-exercise his option on this account under note-1 of either rule mentioned above as the case may be, if the same is beneficial to him. This option will be exercised by him within a period of three months from the date of issue of these instructions.

Yours faithfully,

Sd/-

Superintendent Pay Revision for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

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No. 4/7/99-4FR-II/808 From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 16th May, 2002 Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana

Government on revised and unrevised pension/family pension. Sir/Madam, I am directed to invite a reference to letter No. 4/7/99-4FR-II/1961, dated 19th November, 2001, on the subject noted above and to say that the Governor of Haryana is pleased to decide that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to compensate them for the rise in the cost of living beyond the average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and revised pension/family pension with effect from 1st January, 2002 to modified as below :-

Rates of Dearness Relief on unrevised pension/family pension

Date from which payable

Pension/Family Pension Per month

Rate of dearness relief per month

1.1.2002 (i) Not exceeding Rs. 1750/- 270% of the Pension/Family Pension.

(ii) Exceeding Rs. 1750/- but not exceeding Rs. 3000/-.

202% of the Pension/Family Pension subject to a minimum of Rs. 4725/-.

(iii) Exceeding Rs. 3000/- 175% of the Pension subject to a minimum of Rs. 6060/-

Rate of Dearness Relief on revised Pension/Family Pension.

Date on which payable Rate of Dearness relief per month

1.1.2002 49% of Pension/Family Pension

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

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3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samities or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned. 5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 49% of pension family pension w.e.f. 1st January, 2002. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner alongwith dearness relief orders. It will now be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 7. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (S.P.Gupta) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 4/2/98-1FR-II/639

To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana Chandigarh, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 16th May, 2002. Subject : Grant of Dearness Allowance to Haryana Govt. Employees on revised and

un-revised scale of Pay. Sir, I am directed to refer to this Department circular letter No. 4/2/98-1FR-II/1811, dated 19.11.2001 on the subject noted above and to say that the Governor of Haryana is pleased to decide that dearness allowance payable to Haryana Govt. employees shall be enhanced from the existing rates of 45% to 49% of the pay w.e.f. from 1st January, 2002.

2. Those employees who opt to retain the pre-revised scales of pay or drawing pay in the unrevised scale after 1.1.96, the rates of DA in their case from 1st January, 2002 will be the same i.e. 49% as are applicable to the employees who are drawing the revised pay scales. However, while calculating the Dearness Allowance @ 49% in such cases, the following components will be taken into account :-

1. Basic Pay

2. Dearness Allowance applicable on 1.1.96, i.e. 148%, 111% and 96% as the case may be.

3. Interim relief-I

4. Interim relief-II. 3. The arrears on account of enhancement in Dearness Allowance from 1st January, 2002 to 30th April, 2002 in respect of all Govt. employees shall be credited to their General Provident Fund Account. However, the additional instalment of D.A. payable under these orders shall be paid in cash from 1st May, 2002 i.e. for the month of May, 2002 paid in June, 2002. 4. The other provisions regarding payment of dearness allowance contained in FD's letter No. 4/2/98-1FR-II/623, dated 30.4.99 shall continue to be applicable while regulating Dearness Allowance under these orders. Yours faithfully

Sd/- (S.P.Gupta)

Under Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

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No. 5/6/92-1B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Heads of Departments in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh, Commissioners, Rohtak, Hisar, Gurgaon & Ambala Divisions, All the Deputy Commissioners in Haryana, All the Managing Director of Boards/Corporation in Haryana, The Registrar, M.D. University, Rohtak, Kurukshetra University, Kurukshetra, H.A.U., Hisar & Guru Jambheshwar University, Hisar.

Dated, Chandigarh, the 20th May, 2002

Subject : Economy measures.

Sir.

I am directed to invite your kind attention towards F.D. letter of even number dated 5.7.96 on the subject cited above and to say that in Para 3(iii) of these instruction it was prescribed that repair of vehicles at Private workshop be got done only up to an expenditure limit of Rs. 1500/- at a lime. After careful consideration by the Government, it has now been decided to revise the repairing limit from Rs. 1500/- to Rs. 2000/- with immediate effect. So far as replacement of tyres and tubes of Govt. vehicles is concerned, it must be done from Central Workshop. The repair above Rs. 2000/- may be done from authorized workshop and the rate of such repairs may be got finalized before the repairs are carried out. Yours faithfully, Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 5/6/92-1B&C Dated : 20.5.2002

A copy is forwarded to the Accountant General (Audit & A&E) Haryana for information and necessary action. Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioner & Principal Secretary/ Commissioner & Secretary to Govt. of Haryana for information and necessary action. Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To All the Financial Commissioner & Principal Secy./ Commissioner & Secretary to Govt. of Haryana. U.O. No. 5/6/92-1B&C Dated : 20.5.2002 A copy is forwarded to all the Branch Officers/Supdts. in the Finance Department for information and necessary action. Sd/- Deputy Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Branch Officers/Supdts. of Finance Department. U.O. No. 5/6/92-1B&C Dated : 20.5.2002.

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No. 2/1/2/90-3FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 22nd May, 2002 Subject : Disbursement of Pay and Allowances/Pension for the month of May, 2002. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st June, 2002, and 2nd June, 2002 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the May, 2002 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of May, 2002 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries may be drawn and disbursed on the 31st May, 2002. Yours faithfully, Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 22nd May, 2002. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 22nd May, 2002. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for

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Haryana State for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 22nd May, 2002. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/ O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Principal Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/O.S.D./

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.

U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 22nd May, 2002.

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No. 12/22/2001/PE (FD)-A-I From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments. Dated, Chandigarh, the 24th May, 2002 Subject : Recoveries of interest of loans and Advances. Sir, I am directed to draw your kind attention towards instructions issued by the Finance Department vide letter No. 12/1/33/PE (FD)-97, dated 21-7-97 and letter No. 12/22/2001/PE (FD)-A-I, dated 16.1.2002, whereby it was impressed upon you that guidelines issued by the Finance Department for watching of recovery of Govt. loan, interest and dividend may be followed in letter and spirit and Quarterly Progress Report in respect of your department may please be sent to the Finance Department (in Budget and Committee Branch) through your Administrative Department. However, the details of the outstanding loans recovered so far has not yet been made available to Finance Department for onward submission to the Vidhan Sabha. It is, therefore, requested that the requisite information regarding recovery of outstanding loans as on 31.3.2002 may please be sent on the enclosed proforma to the Finance Department (in Budget and Committee Branch) through your Administrative Department with a copy of the same to PE (FD) Branch. Yours faithfully, Sd/- Accounts Officer (PE), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Contd… Encl.

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PROFORMA

Position of recovery of Outstanding loans on 31.3.2002

Sr. No.

Name of the Department/

Board/Corporation

Amount of Loans sanctioned released alongwith sanction

number & date.

Amount recovered

Principal Interest Panel Interest

Total

1 2 3 4

Balance

5

Principal Interest Panel Interest Total

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MOST IMMEDIATE No. 1/3/2002/Asstt/HBPE From The Member Secretary, Haryana Bureau of Public Enterprises, Finance Department, New Sectt. Building, Sector-17, Chandigarh. To All the Managing Directors/Chief Administrators/ Chief Executive officers of all the Boards/Corporations/ Co-operative Institutions in the State of Haryana. Dated, Chandigarh, the 29th May, 2002 Subject : Passing of speaking orders as per directions of the Hon'ble Courts. Sir, I am directed to invite your kind attention to the subject noted above and to say that in some cases State Public Enterprises are passing speaking orders as per the directions of court at their own level without the approval of Administrative Department. But in some cases where Administrative Department did not agree with the proposal of State Public Enterprises in that situation legal complication can arise. 2. To avoid these problems, it has been decided by Standing Committee on Public Enterprises that in future before passing speaking orders as directed by Hon'ble High Court, concurrence/counseling of Administrative Department be taken. These instructions should be adhered to strictly. Yours faithfully, Sd/- Personnel Advisor, for Member Secretary Haryana Bureau of Public Enterprises, Finance Department.

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These instructions have been revised vide No. 2/7/81-WM(1), Dated 07.01.2008

No. 2/7/81-WM(1) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 30th May, 2002 Subject : Grant of Loans and Advances to Government employees for the purchase of

constructed house. Sir, I am directed to refer to this Department's circular letter No. 2/7/81-WM(1) dated the 29.1.1993 on the above subject and to say that the matter regarding grant of House Building Advance to the employees who want to purchase built up house from private sources has been under active consideration of the Finance Department and it has now been decided to extend the facility of house building advance for the purchase of constructed house from private source on the following conditions :- (i) The loanee will produce documentary proof obtained from the HUDA/

Revenue Authority/Municipal Committee about the location of the dwelling unit in an approved colony, its valuation and clear title of house.

(ii) The loanee will get the flat/house mortgaged in favour of Government

within one month from the drawal of advance. (iii) The loanee will furnish copy of mortgage deed to his/her Head of Department

within one month of the registry of the purchased house failing which 10% penal interest above the normal rate of interest will be charged from loanee and the whole loan amount will be recovered in lump sum from the loanee and loanee will be debarred from all types of Government loans for future.

(iv) The loanee would also get comprehensive insurance of the flat/house against

damage by fire, flood and lightening extending the policy to include the rights and interests of the Governor of Haryana.

(v) The case of loan and advance must be examined carefully by the Head of

Department in accordance with the Rules and Instructions issued by the

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Finance Department from time to time and cases complete in all respect should be forwarded to the Finance Department to avoid inconvenience and wastage of time in correspondence. Incomplete applications will not be entertained.

(vi) The loans and advance applications of employees on deputation with

Boards/Corporation or with other departments would be forwarded by the parent department and not by the borrowing department/organization where the employee is working on deputation.

(vii) Generally the Utilization Certificates are not forwarded to the Finance

Department by the respective departments, which results in delay in releasing subsequent instalment(s). The Utilisation Certificate under the signature of the loanee and duly verified by the Head of Department may be forwarded to the Finance Department. It may also be ensured that the utilization certificates are in accordance with the rules/instructions issued by the Finance Department from time to time.

(viii) The employees will not be allowed to enter into direct correspondence with

the Finance Department. . . (ix) Application form and Check list is also enclosed. (x) These instructions may be brought to the notice of all officers/official working

in Government. 2. The other conditions for grant of House Building Advance as laid down in the rules/instructions issued by the Haryana Government Finance Department, from time to time remain unchanged. Please acknowledge receipt. Yours faithfully, Sd/- (P.K.Das) Special Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/7/81-WM(1) Dated, Chandigarh, the 30th May, 2002. A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/-

(S.R.Maurya), Special Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/7/81-WM(1) Dated, Chandigarh, the 30th May, 2002.

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A copy each is forwarded to the following for information and necessary action :- 1. Secretary to Governor, Haryana. 2. All the Financial Commissioner & Administrative Secretaries, to Government

Haryana. 3. State Election Commissioner, Haryana. 4. Resident Commissioner, Government of Haryana, Haryana Bhawan, New

Delhi. 5. Hon'ble Speaker, Haryana Vidhan Sabha. 6. MDs. of Various Boards/Corpns. in Haryana (IAS Officers only). 7. Vice Chancellors of Universities and Directors of Medical Colleges in

Haryana State. Sd/-

(S.R.Maurya), Special Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/ Deputy Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/-

(S.R.Maurya), Special Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/ Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 2/7/81-WM(1) Dated, Chandigarh, the 30th May, 2002. Contd… Encl.

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CHECK LIST OF HOUSE BUILDING-ADVANCE Check list for New Construction :-

1. Application form and Agreement Form (Annexure III) in prescribed Performa duly signed and recommended by the Sanctioning Authority/Head of Department.

2. Detail of loan taken earlier - If drawn intimate basic pay and financial year.

3. Previous amount drawn with copy of sanction letter

(a) Purpose of Previous advance.

(b) Mortgage of previous advance.

4. Allotment letter, possession letter and map duly passed by HUDA in case of HUDA Plot.

(a) Clear title of plot duly verified by Tehsildar/Revenue Authority in case plot is in Lal Dora.

(b) Registry of plot in general cases.

(c) Map duly passed by MC in case plot is in Urban Area.

5. Surety of one confirmed employee in the case of regular employees on the Judicial paper worth Rs. 15 duly attested by DDO.

6. Col. 1 to 13 must be verified by DDO.

7. Affidavit on judicial paper worth Rs. 3/- that applicant has no other house in his/her name or in the name of his/her family member anywhere in India.

8. Annexure IV regarding recovery of outstanding loan from DCRG may be obtained.

9. In case of Joint Ownership Annexure V regarding wife/husband No Objection certificate from wife/husband for mortgaging the property in the name of Governor of Haryana may be obtained.

Check list for Under Construction :-

1. In case of less than 40% loans utilisation certificate of material for construction may be submitted.

2. First Installment of 40% loan utilisation certificate upto plinth Ievel may be submitted.

3. For 2nd installment of 30% utilisation certificate of roof laid may be obtained.

4. After 3rd installment utilization certificate of completed House may be submitted.

Check list for Repair/Extension cases :-

1. Clear title of owner ship.

2. Detail of previous loan taken by officer/officer may be clearly mentioned in column No. 9.

3. Agreement Bond/Annexure IV/V/VI.

4. In case of regular employee surety in prescribed proforma on stamp paper on worth Rs. 15/-

5. Recommendation and sign of the Sanctioning Authority.

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6. Undertakings regarding no objection for mortgage the property against loan from husband/wife in case of joint ownership.

7. Map duly verified /counter signed by Revenue Authority in case of house is in Lal Dora in rural area.

8. Completion certificate in case of house falls in Urban area by the Competent Authority.

9. All column verified by the DDO

10. Repair/extension loan is granted after ten year from the first instalment of House Building Advance.

11. After five years Loan is granted for repair/extension after 5 years of possession in case applicant has not obtained loan from Govt. for construction of house.

Check list for Purchase of plot :-

1. Application form and Agreement Form (Annexure III) in prescribed Performa duly signed and recommended by the Sanctioning Authority/Head of Department.

2. Detail of loan taken earlier - If drawn intimate basic pay and financial year.

3. Previous amount drawn with sanction letter

(a) Purpose of Previous advance.

(b) Mortgage of previous advance.

4. Surety of one confirmed employee in the case of regular employees on the Judicial paper worth Rs. 15 duly attested by DDO.

5. Col. 1 to 13 is verified by DDO.

6. Affidavit on stamp paper worth Rs. 3/- that applicant has no other house in his/her name or in the name of his/her family members anywhere in India.

7. Annexure IV regarding recovery of outstanding loan/interest from DCRG.

8. Annexure V from applicant on the Stamp Paper worth Rs. 3/-

9. Annexure V from applicant on the Stamp Paper worth Rs. 3/-

10. Agreement for purchase of plot.

11. Departmental permission for purchase of plot under Employees Conduct Rules, 1966.

Check list for Housing Board/Society :-

Housing Board

1. Allotment letter of Board/DDA and any other Government Agency.

2. One surety of confirmed employee is required for regular employee.

3. Surety of two confirmed employee worth on stamp paper Rs. 15/- is required for security of loan, regular and confirmed employee.

4. Annexure III, IV, V, VI are also required.

Society :-

1. Proof of membership of society.

2. Full comprehensive insurance of the flat /house against damage by fire flood and

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lightening extending the policy Governor of Haryana.

3. Surety of one permanent employee in case of regular employee.

4. The loanee will furnish surety of two permanent Govt., employees in lieu of mortgage.

5. The loanee will get the flat/house mortgaged to Govt. and the charge of the Govt. would be the first claim on the property in the event of default in repayment of Govt. loan and the loanee must obtain prior consent of the Cooperative Housing Society for this purpose.

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APPLICATION FOR HOUSE BUILDING ADVANCE

(Rule 10, 16, 10.17, 10.18, 10.19 of the P.F.R. Vol. I)

1. Name of the Applicant (in block letters) ____________________________

2. Designation (Gazetted/Non Gazetted)

3. Father's/Husband's Name

4. Name of Department/Branch _________________________________________

5. Emolument on which the loan is admissible

6. (i) Basic Pay ________________________ (ii) Special Pay _______________________ (iii) Total ____________________________

7. Head of Account

8. Amount of advance applied for _______________________________ Recoverable in ______________ instalments of Rs. __________________

9. Purpose of advance now: applied for

10. Whether any advance has been drawn previously for house building/repairs/Extension of house under any rules/scheme if so: (i) Date of drawal of the advance (ii) Purpose for which the advance was drawn. _______________________ (iii) Amount of advance drawn _______________________ (iv) Pay on which such advance was calculated: Basic Pay ___________ S.P. __________ Total _____________ v. Rules/scheme under which the advance was drawn. ________________

11. Whether the house built with an advance has been sold if so, indicate sale proceeds;

____________________

12. Whether the house/plot purchased/constructed with the advance has been mortgaged to Govt. as prescribed under the rules;

____________________

13. (a) Date of birth of the applicant (b) Date of entry into Government service. (c) Date of superannuation

____________________ ____________________ ____________________

14. Whether husband/wife is a Government servant, if so, whether he/she has obtained any house building advance from Government.

____________________

15. Whether permanent or temporary Government servant, if temporary adequate surety of permanent Government servant to be furnished in addition to mortgaging the house to Govt. in the prescribed form on non-judicial paper worth Rs. 15/-.

____________________

16. PURCHASE OF PLOT (i) (Whether advance is required for the purchase

of plot, if so, the details of the source of the plot purchased, the approx. cost and a documentary the seller of the plot may be proof with regard to the clear title of attached (see rule 10.16 (vii) of P.F.R. Vol. l)

____________________

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(it) Whether the sanction of Govt. for the purchase of plot, if negotiated from a source other than regular or reputed dealer has been obtained as required under Govt. Employee's Conduct Rules, 1966 if so, a copy of the sanction be attached.

(iii) A certificate to the effect that the advance is required for the construction of house at place for personal residence may be attached

____________________ ____________________

17. CONSTRUCTION OF HOUSE : (a) whether advance is required for the construction of

house on plot already purchased with own resources or from Government money if so, an attested copy of the conveyance deed executed may be attached.

(b) A certificate to the effect that the sum will be utilized for construction of house only and if there are any surplus funds after the house has been completed, that will be refunded at once may be attached. Rule 10.16(ix).

(c) Documentary proof that the plans etc. have been approved by the HUDA/MC/Tehsildar concerned.

____________________ ____________________

18. REPAIR OF HOUSE : In case the advance is required for repair, a certificate to the following effect be added :- (i) The repairs are required to make house rehabitable (ii) These are not in the nature of ordinary repairs. (iii) These involve an outlay larger in comparison with

the value of the house and that no such advance for the repair has previously been drawn in respect of the same house and that ten years have elapsed since the drawal of the advance in case of any advance from the Government (Rule 10.19 of P.F.R. Vol. I).

____________________ ____________________ ____________________

19. EXTENSION OF HOUSE : Whether the house proposed to be extended was constructed with the financial assistance from the State Government if so, the details of the loan obtained may be specified as under:- (i) Total loan obtained (ii) Pay at the time the loan was obtained Basic Pay Rs. _______________ SP ________ (iii) If the loan was obtained under any other scheme the

total amount of loan may be indicated (iv) Documentary proof that plan for extension has been

approved by the local body or the Estate Officer/Tehsildar.

(v) If any advance was drawn for repairs of the house earlier full details thereof may be indicated.

____________________ Total Rs. ____________ ____________________ ____________________ ____________________

20. BUILT OF HOUSE: In case the advance is required for the purpose of built up house the following certificate may be attached (i) Documentary proof to show that the bargain for the

____________________

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purchase of house has been finalized. (ii) The place and the full particulars of the house for

which the advance is required (iii) Location of the dwelling unit in an approved colony. (iv) Valuation from B&R/MC/Teh. (v) Clear title of House duly verified by HUDA/MC/Teh.

____________________ ____________________ ____________________ ____________________ ____________________

21. A certificate to the effect that the advance is required for the bonafide personal residence.

____________________

22. A certificate to the effect that the applicant has an undisputed title to the house/plot in the case of purchase of a built up house a certificate may be furnished that the house is free from all encumbrances.

____________________

23. Whether any funds earmarked for you either by the Department Or the FD was surrendered during the last financial year and of so, full particulars thereof together with reasons for surrendering the amount may be given.

____________________

24. An affidavit on non-judicial paper worth Rs. 3/- that the applicant has no other house/plot in India.

____________________

It is certified that the information given above is complete and true to the best of my knowledge and nothing has been concealed therein. Dated : (Signature of the Applicant) Designation : _________________________ Branch : _____________________________ It is certified that the above information supplied by the applicant is correct according to the official record maintained in this office. It is also certified that the advance of Rs. applied for is admissible and all formalities required to be complied with have been completed. Place :

Signature of Sanctioning Authority Dated :

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SURETY BOND

This deed is made on the _________ day of the _______, Two thousand _________ Between Sh. _________________ and caste ___________ and resident of H. No. __________ working as ______________ in the office of _____________________ (hereinafter referred to as the surety) of the one part and the Governor of Haryana (hereinafter referred to as the Government) of the other part. Whereas the loan of Rs. ______ (Rupees ______________) has been granted to Sh. ______________ resident of _______________ working as _____________ in Office of _____________ (hereinafter referred to as the borrower) of the terms and conditions in the agreement dated __________ and subject to the borrower furnishing a permanent Government Servant as surety to guarantee the due performance and observation by him of the conditions of the agreement dated ___________ and/or of the mortgage deed, dated _______________. And where as Shri _______________ has fulfillment of the conditions of the advance of loan agreed to stand as surety for the Borrower on the terms and conditions hereinafter appearing. Now this deed witnesses and the parties hereto agree as follows :-

(1) In pursuance of the said agreement and in consideration of sum of Rs. ____ advance by the Government to the Borrower as loan, the surety hereby agrees that the borrower shall duly, faithfully, and punctually perform all the conditions set out in the agreement dated _____________ and to be performed and observed by him and that in the event of the failure of the borrower to perform any of the said conditions and of the borrower dying or ceasing to be in service for any cause that what so ever before the amount due to the Government from the borrower is fully paid off, the surety shall immediately pay the entire amount due to the Government on account of the principle and interest under the said agreement and/or the mortgage deed.

(2) For the consideration aforesaid and in further pursuance of the agreement it

is hereby agreed that the liability of surety shall not be affected by the Government granting time or any other indulgence to the borrower.

(3) The Government shall be entitled to deduct from the pay, Travelling

Allowance or any other sum which may be or become payable by the Government to the surety the amount due to it from the surety under this deed. Witness where of the parties have signed, this deed on the dates respectively mentioned against their Signature in the 52 years of the Republic of India.

Signature of the surety. Witness : Signed by for and on behalf of the 1. Governor of Haryana. 2.

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ANNEXURE - III

Agreement Deed

An agreement to be executed by Government servant at the time of or before drawing advance for the purchase of land and/or construction of house for adjustment of the balance of advance outstanding at the time of retirement against the death-cum-retirement gratuity. An agreement made on ______________ day of ______________Two thousand ____________________ between _______________ of ______________ (hereinafter called the borrower which expression shall include his legal representative and assigns) of the one part and the Governor of Haryana (hereinafter called 'The Governor' which expression shall include his successors and assigns) on the other part. Whereas the Borrower has agreed to purchase/has purchased for the purpose of erecting a house thereon the piece of land situated in ______________ in the registration district of ____________ sub-district _________ thana ___________ containing ____________more or less and bounded on the north by _____________ south by ___________ east by ____________and on the west by _______________ Rs. __________ (hereinafter referred to the said land) for the sum of Rs. __________. And whereas the borrowers has under the provision of the Haryana Government letter No. 2118-WM(I)-67/20006, dated the 5th September, 1967 applied to the Governor for a loan of Rs. ________. And whereas it is permissible under the provision of the aforementioned letter hereinafter referred to as the said order which expression shall include any amendment thereof for the time being in force that the last installment of loans together with the interest accrued thereon will be recovered the from the D.C.R.G. payable at the time of retirement; provided the Government servant concerned executes an agreement to the effect and cancels any nomination made by him under rule-4 (6) (b) of the New pension rules contained in Appendix-2 of the Punjab Civil Services Rules, Volume-Il, so as to leave Government free to appropriate the sum found payable to him after retirement in adjustment of balance of the advance. Now it is hereby agreed between the parties hereto that III consideration of the said orders the borrowers, having cancelled the nomination made by him under rule-4(6)(b) of the aforesaid New Pension Rules, hereby authorised the Governor to extinguish the last installment of loan together with the interest accrued thereon from the D.C.R.G. payable to the borrower. In witness thereof the borrower has hereunto set his hand the day and year first before witness. Signed by the said borrower In the presence of 1. Witness : 2. Signature of DDO

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AFFIDAVIT

Rs. 3/-

I, _______________________ S/o W/o D/o _______________________ working as _________________________ in the _________________________ office of ___________________________ do hereby solemnly declare and affirm that I have not drawn/drawn any house building advance (under any scheme sponsored by the Government) for the construction of house/repair of house/extension of house and purchase of plot so far as per details given below :-

Sr. No. Amount drawn Date of drawal Purpose

1.

2.

3.

4.

5.

I also solemnly declare that I am the sole owner of the plot/house _______________ It is further certified that the Plot/House in question is free from all encumbrances. I also declare that I have no other house either in my name or in the name of my family to live in India and I want to construct a house/repair of house/to extend my house for my own bonafide residential use on the above plot. Certified that the balance if any, left after the use of the advance for the purpose it is taken will at once be refunded to Government. Certified that I have more than five years service period of retirement. I am not likely to retire within five years from the date of the application. Place : DEPONENT Date : Verification : The above information is true to the best of my knowledge and belief and nothing has been concealed therein. DEPONENT

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ANNEXURE - V

AFFIDAVIT

Rs. 3/-

I, _______________________ S/o W/o D/o _______________________ employed as _________________________ under the Government of Haryana do hereby solemnly declare and affirm that my wife/husband ____________________ is not a Government employee, and has not applied for or obtained as advance under these rules during the period of my past service. I, also declare that the plot/house _____________________________ is not/is jointly owned by me with my wife/husband. The above information is true and nothing has been concealed therein. DEPONENT Place : Dated : Verification : The facts given above affidavit are true to the best of my knowledge and belief and nothing has been concealed therein. DEPONENT

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ANNEXURE - VI I, ____________________________________ authorised the Accountant General, Haryana to recover from the death-cum-retirement gratuity, which would become due to me on the date of my superannuation retirement, the balance of outstanding house building advance with interest, in terms of the penultimate paragraph of the agreement dated, _____________ Dated: Signature ________________________ Designation of the Government servant Certified that I hereby cancel the nomination made by me in respect of the death-cum-retirement gratuity payable to me at the time of retirement. Dated : Signature ________________________ Designation of the Government servant

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No. 34/2/93-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 31st May, 2002 Subject : Rate of interest on deposits in the General Provident Fund and other similar

funds for the financial year 2002-03. Sir, In continuation of Haryana Government letter of even number dated 19.10.2001 on the above subject, I am directed to say that it has been decided to fix the rate of interest at 9% per annum on deposits in the General Provident Fund w.e.f. 1st April, 2002 and also on the accumulations as these stood on 31st March, 2002. This rate of interest will remain in force during the financial year 2002-03 2. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S. R. MAURYA), Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 34/2/93-WM(3) Dated, Chandigarh, the 31-5-2002 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S. R. MAURYA), Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 34/2/94-WM(3)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State.

Dated, Chandigarh, the 31st May, 2002

Subject : Rate of interest to be charged on House Building/Motor Car/Scooter/Motor Cycle/Moped/Cycle/Computer and Marriage Advance granted to the Govt. employee for the financial year 2002-2003.

Sir, I am directed to refer to the subject noted above and to say that the matter regarding charging of interest on various loans and advances given to the Government employees including AIS Officers has been considered and it has been decided to charge interest on various loans and advances granted/sanctioned during the financial year 2002-2003 at the rates given below :-

1. Cycle Advance 8%

2 Motor Car/Motor Cycle/ Scooter/Moped Advance 9%

3. House Building Advance 9%

4. Marriage Advance 9%

5. Computer Advance 9%

2. Further, it has also been decided that wherever loans have been/are sanctioned/granted for the second time in respect of House Building/Motor Car/Motor cycle/Scooter/Moped/Marriage and Computer, the rate of interest shall be @ 10% in all such cases. 3. In case of mis-utilisation of any loan, penal interest @ 10% per annum will be charged from the applicant over and above normal rate of interest. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department.

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No. 34/2/94-WM(3) Dated, Chandigarh, the 31.5.2002 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action.

Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department.

No. 34/2/94-WM(3) Dated, Chandigarh, the 31.5.2002 A copy is forwarded to the following for information and necessary action :-

The Secretary to Governor, Haryana. All the Financial Commissioner & Principal Secretaries to Govt., Haryana. The State Election Commissioner, Haryana. The Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Hon‘ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana (IAS Officers

only). Vice Chancellors of all Universities in Haryana and Director of Medical

College, Rohtak and C.R. Engineering College, Murthal Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. A copy each is forwarded to the Principal Secretary/Additional Principal Secretary/Deputy Principal Secretary/Officer on special Duty/Sr. Secys./Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board, Haryana for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To The Principal Secretary/Addl. Principal Secretary/Dy. Principal Secretary/

Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman Planning Board.

U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 31.5.2002.

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No. 34/1(1)/91-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil), All District & Sessions Judges. Dated, Chandigarh, the 31st May, 2002. Subject : Rate of interest to be charged on loans from NABARD for Co-op. Societies,

Investment in Transport, State Electricity Board and Food Supplies Department etc. for the year 2002-03.

Sir, I am directed to address you on the subject noted above and to say that during the financial year 2002-03 the rate of interest on loans granted by the State Government out of the State Loans and Advances unless otherwise specified in any particular case, would be as under :-

2002-2003

1. Loans from NABARD for Coop. Societies 11%

2. Loans to Haryana State Electricity Board 11.5%

3. Investment in Transport Department 11%

4. Investment in Food & Supplies Department. 11.55%

2. The receipt of this letter may kindly be acknowledged.

Yours faithfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 31.5.2002 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh

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for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 31.5.2002 A copy is forwarded to the following for information and necessary action :-

The Secretary to Governor, Haryana. All the Financial Commissioner & Administrative Secretaries to Government,

Haryana. The State Election Commissioner, Haryana. The Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Managing Directors of Various Boards/Corporations in Haryana (IAS Officers

only). Hon‘ble Speakers, Haryana Vidhan Sabha. Vice Chancellors of all Universities in Haryana and Director and Principal of Medical College, Rohtak and C.R. Engineering College, Murthal. Sd/- (S.R. Maurya) Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department.

A copy each is forwarded to the Principal Secretary/Additional Principal Secretary/ Deputy Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board, Haryana for information of Chief Minister/Ministers/State Ministers/ Deputy Chairman, Planning Board, Haryana.

Sd/- (S.R. Maurya) Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To

The Principal Secretary/Additional Principal Secretary/Deputy Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to the Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 34/1(l)/91-WM(3) Dated, Chandigarh, the 31.5.2002.

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GOVERNMENT OF HARYANA FINANCE DEPARTMENT

Office Memorandum

No. 6/16/2001-3PR(FD)

Dated, the 27th June, 2002

Subject : Clarification regarding counting of adhoc and work charged service towards the benefit of additional increments on completion of 8/18 years service and Higher Standard Pay Scale after 10/20 years service.

I am directed to refer to the office memorandum No. 6/16/2001-3PR(FD) dated 15.03.2002 on the subject mentioned above and to say that the Irrigation Department has sought clarification on the following points :-

(i) Whether work charged service followed by regular service is to be counted for the purpose of calculation of prescribed length of service for grant of ACP Scales under the provisions of Haryana Civil Services (ACP) Rules, 1998 or not?

(ii) If a person was appointed on Group D post on work-charged basis and has been promoted to the post of Group C also on work-charged basis, whether he is entitled to the benefit of ACP Scales under the provisions of Haryana Civil Services (ACP) Rules, 1998?

The matter has been examined in the Finance Department and the position emerges as under :

1. While disposing of Civil Appeal No. 5740-5741 of 1997, State of Haryana and others VS. Ravinder Kumar and others, the only issue before the Hon‘ble Apex Court was, whether work charge service followed by the regular service is to be taken into account while calculating the prescribed length of service for the grant of additional increments on completion of 8/18 years service under the scheme introduced vide Govt. letter dated 07.08.1992 and higher standard pay scale after completion of ten and twenty years service under the scheme introduced vide Govt. letter dated 8.2.94.

2. The scheme of additional increments after completion of 8/18 years regular service was replaced by a new scheme i.e. Scheme of Higher Standard Pay Scales which was introduced vide executive instructions dated 8.2.94. The scheme of ―Higher Standard Scales‖ ceased to be in existence w.e.f. 01.01.1996. A new Scheme of ACP scales has been introduced by the Government under the rules titled as ―Haryana Civil Service (Assured Career Progression) Rules, 1998‖ framed under the provisions of Article 309 of the Constitution of India. The said Scheme is applicable w.e.f. 01.01.1996. Under the provisions of these rules, every Govt. employee, after regular and satisfactory service of 10 and 20 years (Rules 5 of the ACP Rules) is entitled to the first and second ACP scales who has not got any financial upgradation during such period in terms of grant of a pay scale higher than the functional pay scale prescribed for the post as on 31.12.1995 on which he was recruited as directly recruited fresh entrant. The issue regarding counting of work-charged service for the purpose of ACP scales under the provisions of ACP rules was not the subject matter of adjudication before the Hon‘ble Apex Court in Ravinder Kumar‘s (supra) case.

3. From a perusal of the ACP Rule 5, it is clear that only regular and satisfactory service is to be taken into account while calculating the prescribed length of service of 10 and 20 years for the grant of first and second ACP scales. Needless to mention, the previous Schemes were introduced by way of executive instructions whereas the present Scheme of ACP Scales has been introduced under the Rules framed under proviso to Article 309 of the Constitution of India.

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4. There is a marked difference between regular service, adhoc service and work-charged service. The service conditions of regular employees are governed by Civil Services Rules, whereas, the services of work-charged employees are governed by the provisions contained in the PWD code. Rules regarding work-charged employees have been explained in paragraph Nos. 1.129 to 1.132 of the Code, which are reproduced as Annexure to these instructions for ready reference. Similarly, provisions regarding punishment to work-charged employees are contained in paragraphs Nos. 1.29 to 1.39 of PWD Code whereas Punishment and Appeal Rules, 1987 have been framed for the regular employees.

5. From a perusal of the above referred provisions of PWD Code, it is clear that work-charged service is certainly not on the same status and footing as regular service. This difference between a regular employee and a work-charged employee is well recognized by the Hon‘ble Apex Court in the following cases :-

(i) Jaswant Singh Vs. Union of India 1979 (4) SCC 440, the Hon‘ble Apex Court held as follows :-

“A work charged establishment broadly means an establishment of which the expenses, including the wages and allowances of the staff, are chargeable to “works”. The pay and allowances of employees who are borne on a work charged establishment are generally shown as a separate sub-head of the estimated cost of the works. The work-charged employees are engaged on a temporary basis and their appointments are made for the execution of a specified work. From the very nature of their employment, their services automatically come to an end on the completion of works for the sole purpose of which they are employed. Thus a work-charged establishment is materially and qualitatively different from a regular establishment.”

(ii) While disposing of the case of State of Rajasthan Vs. Kunji Raman 1997 (2) SCC 517, the Hon‘ble Apex Court relied upon the observations of Hon‘ble Apex Court in Jaswant Singh‘s (Supra) case and held as follows :

“A work-charged establishment differs from regular establishment which is permanent in nature. Setting up and continuance of a work-charged establishment is dependent upon the Government undertaking a project or a scheme or a „work‟ and availability of funds for executing it. So far as employees engaged on work-charged establishments are concerned, not only their recruitment and service conditions but the nature of work and duties to be performed by them are not the same as those of employees of the regular established. A regular establishment and a work-charged establishment are two separate types of establishments and the persons employed on those establishments thus form two separate and distinct classes. For that reason, if the separate set of rules is framed for the persons engaged on the work-charged establishments and the general rules applicable to persons working on regular establishments are not made applicable to them, it cannot be said that they are treated in an arbitrary and discriminatory manner by the Government. It is well settled that the Government has power to frame different rules for the different classes of the employees.”

6. During the course of arguments in the bunch matter in the main Civil Appeal No. 13423 of 1996 State of Haryana Vs. Haryana Veterinary & AHTS Association and others, a plea was taken by the respondents that State Government vide letter dated 20.08.1996 has already decided to count adhoc service while calculating the prescribed length of service for

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grant of additional increments under the scheme introduced by the State Government vide letter dated 07.08.1992, therefore, (it was claimed that) the said benefit should be extended for the grant of higher standard scales also. An additional affidavit was filed by the State in the Hon‘ble Apex Court wherein it was submitted that though it was never the intention of Additional Increment‘s Scheme to grant the benefit of adhoc service, yet the State Government had to grant this benefit in order to comply with the orders of the Hon‘ble Punjab and Haryana High Court passed in CWP No. 749,464 and 7137 of 94, para 2 of the letter dated 20.08.1996 indicative of this compulsion. Keeping in view the submissions of the State Government, the Hon‘ble Apex Court did not allow the benefit of adhoc service followed by the regular service while calculating prescribed length of service for grant of Higher standard pay scales and selection grade.

7. Keeping the above in view, the first point raised by the Department of irrigation is answered in the negative. Work-charged service followed by regular service is not to be taken into account while calculating the prescribed length of service of 10 or 20 years for the purpose of grant of ACP Scales on the following grounds :-

(i) Work-charged employees and regular employees constitute two different establishments governed by separate set of provisions and rules i.e. PWD Code and the Civil Service Rules respectively.

(ii) The Hon‘ble Supreme Court of India has accepted that the work-charged establishment and the regular establishment constitute two different classes of employees and such classifications is permissible under the constitution.

(iii) Counting of work-charged service for the purpose of grant of ACP Scales was not the subject matter of adjudication before the Hon‘ble Apex Court in Ravinder Kumar‘s Case.

(iv) The ACP Scheme has been introduced by the Government by way of the Rules framed under the provisions of Article 309 of the Constitution of India and not by way of executive instructions.

(v) Only regular satisfactory service is to be taken into account under the rules while calculating the prescribed length of service for grant of ACP Scales as provided under Rule 5 of the Haryana Civil Services (Assured Career Progression) Rules, 1998.

8. As regards the second point of clarification raised by the Department of irrigation, it is clarified that there is no provision in PWD Code for promotions of work-charged employees. As such, the promotions made by the Department from within the work-charged establishment were against the rules. Though there is every reason to fix responsibilities on account of irregularities committed by the Departmental officers in this behalf, yet it is felt that no useful purpose would be served at this stage in re-opening all those cases, especially when a large number of those officers would have retired by now. Since the first point raised by the Department has already been answered in the negative, the very basis for any clarification on the second point does not arise. Since the entitlement of ACP Scales is with reference to the completion of 10/20 years of regular and satisfactory service, such qualifying period has to be counted from the date of regularization of the work-charged employees in Government service treating such post and pay scale as the first entry into Government service.

9. However, the second point of clarification raises another related issue in the light of the irregularities committed by the Department in promoting people during the work-charged service. It is a fact that the Hon‘ble Apex Court has allowed counting of the work-charged service for the purpose of grant of higher standard scales under the said Scheme of Higher Standard Scales (introduced vide instructions dated 08.02.1994 and operative during the period of 1.1.94 to 31.12.95) in Ravinder Kumar‘s case. That being so, the cases of work-charged employees have to be processed for grant of higher standard scales in accordance with the provisions of the said scheme. The benefit of clarification given under Sr. No. 6 of the

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instructions dated 29.12.95 will not be applicable in their cases since the provisions contained in the PWD Code (which governed their service conditions) did not provide for promotions in their case. Accordingly, such of the work-charged employees who had been promoted from Group ‗D‘ to Group ‗C‘ while still being on work-charged establishment (though irregular) will be entitled to the grant of higher standard scales only with reference to the pay scale of the original post against which they were engaged initially. This is explained with the help of following illustration:

Illustration :

A person was engaged as cleaner on work-charged basis in the pay scale of Rs. 70-95, say, on 1.5.74 initially. Replacement scales of this post are Rs. 300-430 w.e.f. 01.04.1979, Rs. 750-940 w.e.f. 01.01.1986, and Rs. 2550-3200 w.e.f. 01.01.1996. He was, thereafter, irregularly promoted as a Driver in the pay scale of Rs. 420-700, say, w.e.f. 1.8.84 while still borne on the work-charged establishment. Revised pay scales for the post of Driver are Rs. 1200-2040 w.e.f. 01.01.1986 and Rs. 4000-6000 with effect from 01.01.1996. His services were regularised as a Driver, say, with effect from 1.5.87. His entitlement for the grant of 1st higher standard scale as on 1.1.94 would be for the pay scale of Rs. 775-1025 and the 2nd Higher Standard scale of Rs. 800-1150 w.e.f. 1.5.94 on completion of total 20 years service. This is because the promotion as a Driver was not admissible under the provisions of the code, and hence his entitlement for grant of higher standard scale will be with reference to the post and pay scale of Cleaner‟s post. However, he had already started drawing his pay on account of his irregular promotion as a Driver in the pay scale of Rs. 420-700/1200-2040 with effect from 1.8.84. Hence, his pay does not have to be re-fixed under the Higher Standard Scale Scheme. As regards his entitlement for 1st ACP scale, the same will be on completion of ten years, subject to eligibility, after completion of 10 years from the date of regularization of his service in accordance with the ACP Rules, which happens to be 1.5.97. Thus, he will be entitled to be placed in the 1st ACP Scale of Rs. 5000-7850 w.e.f. 1.5.97.

10. Even though the clarifications have been specifically sought by the Irrigation Department, there would be identical situation in other Departments/ Organizations having work-charged establishments. Hence, these general clarifications are issued for the benefit of all such departments and organizations which have had work-charged establishments and are faced with similar issues.

Sd/- (Balwant Singh)

Under Secretary Finance (PR) for Financial Commissioner & Principal Secy. to Govt.,

Haryana Finance Department.

To

All the Administrative Secretaries to Government of Haryana in various Departments/Heads of Departments/Divisional Commissioners/Deputy Commissioners/SDOs (Civil) in Haryana/ Registrar, Punjab and Haryana High Court at Chandigarh/ Accountant General (A&E) Haryana and the Accountant General (Audit) Haryana, with five spare copies in each for use in the offices.

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Extract from the PWD Code

ANNEXURE

II - WORK-CHARGED ESTABLISHMENT

1.129. Works establishment will include such establishment as is employed upon the actual execution, as distinct from the general supervision, of a specific work, of or sub works of a specific project, or upon the subordinate supervision of departmental labour, stores and machinery in connection with such a work or sub-works, provided that as an exception to the above, Mistries and Mates employed in the interests of Government on the technical supervision of contractors‘ work and khalasis attached to subordinates for assisting them on works will be treated a work-charged establishment. When employees borne on the temporary establishment are employed on work of this nature, their pay should, for the time being be charged direct to the work.

(2) Works establishment does not include Clerks, Draftsmen, Subordinate or extra establishment of any kind for the Divisional or Sub-Divisional Offices, such being properly chargeable to Temporary Establishment, but where Dak Runners are employed solely for a Particular work of a temporary nature, for a period not exceeding six months, they may be treated as work-charged establishment.

(3) The Chief Engineer and Superintending Engineers are empowered to classify as ―Works‖ or ―Temporary‖ those classes of establishment about whose correct definition there is doubt, subject to the concurrence of the Audit Officer and to the proviso that general principles for entertainment of such establishment are not infringed.

(4) Chief and Superintending Engineer are authorized to waive the rule which requires that works establishment must be employed on a specific work and to determine, in such cases the proportions in which the cost of such establishment shall be allocated between the works concerned.

Note— As an exception to the general rule, the cost of Khalasis attached to subordinates may be charged to annual maintenance and Repairs or other estimates in such provision for it has been made with the sanction of the Superintending Engineer, or the Chief Engineer, Electricity Branch, as the case may be.

(5) The cost of the works establishment must be shown as a separate sub-head of the estimate for a work.

(6) All pay bills for work-charged establishment shall be pre-audited by the Divisional Accountant and approved by the Divisional officer before payment. Before a member of the work-charged established, whose services have been dispensed with, is settled up under paragraph 303 of the Public Works Account Code, the Sub-Divisional Officer should invariably ascertain from the Divisional Office if there are any out standings against the man.

(7) Members of the work- charged establishment, other than Road Inspectors, who are engaged on the footing of monthly servants will be subject to discharge at 10 days‘ notice except in the case of serious misconduct or gross inefficiency (when no notice will be given) or on payment of pay for 10 days or for such period up to this extent as may be due to them in lieu of notice. Should they desire to resign they will be required to give 10 days‘ notice or forfeit pay for this period or for such period up to this extent as may be due to them in lieu of notice.

1.130. The powers of the various officers of the public works department to sanction the entertainment of work-charged establishment are specified in paragraph 20.6, Book of Financial Powers.

1.131. A Superintending Engineer may sanction the grant of bonus to work-charged establishment employed on excavating machines, provided the bonus is paid in accordance with such scales and principles as Government may, from time to time, determine in this behalf.

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1.132. A work-charged employee is not entitled to any pension, leave or traveling or other allowances except in the following cases :-

(i) (a) Short causal leave up to a limit not exceeding 15 days in a calendar year, subject to a maximum of 10 days at any one time, on full pay at the discretion of the Sub-Divisional Officer and under the ordinary rules for casual leave to ordinary establishment. This leaves will not be cumulative and will not be given in combination with leave without pay. This leave will be calculated on basis of the calendar year, but where an appointment is made during the course of a year, the amount of leave admissible will be calculated proportionately for the broken period.

(b) Holidays to the community for whom a particular day is held sacred, restricted to five days, in a calendar year in the case of each community, the employees concerned being allowed to select the religious festivals on which they would like to enjoy the concession; provided that not more than half of a gang employed on roads should be absent at one time.

(c) Alternate Sundays not more than half of the establishment to be absent on any one Sunday. The above concessions do not apply to casual labour on daily wages.

(ii) At the discretion of the Divisional Office, actual traveling expenses not exceeding a single railway fare of the class, to which regular Government servants drawing the same pay are entitled, in case of places connected by rail and actual traveling expenses duly supported by original bus tickets, in case the places not connected by rail, for journeys, performed within the Punjab or to a bordering State or settlement in the interest of the work on which he is employed.

―Halting allowance should be allowed to Work-charged Establishment at the same rates as are admissible to his counterpart in the regular establishment when a person spends the night away from his headquarters. No daily allowance will be admissible in case the person returns to his headquarters and does not spend the night out.‖

(iii) Transfer travelling allowance, i.e., Single railway fare or actual travelling including the cost of carriage of personal effects to Road Inspectors, Road Roller Drivers and Firemen, Mistries (including Electric Mistries), Electric Mechanics and employees on the work-charged establishment in the Public Health Circle for themselves and dependent members of their families who are not males of over 18 years of age on the occasion of their transfer in cases of sheer necessity in the public interest, subject to the following conditions:-

(a) the limits of traveling allowances relating to the cost of carriage of personal effects and the class of railway accommodation admissible to regular Government servants of the same grades are not exceeded.

(b) the grant of traveling allowance will be at the discretion of the Divisional officer;

(c) the transfer is from one place to another, except in the case of Road Roller Drivers and Firemen when traveling allowance will only be allowed for transfer from one division to another;

(d) the journey performed is in the interest of work on which the man is employed and not as a disciplinary measure.

(iv) Wound and other extraordinary pension and gratuities in certain cases;

(v) Grain compensation allowance;

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(vi) Compensation under Workmen‘s Compensation Act, 1923 and ex-gratia payment of the amount which would have been statutorily payable if the accident had occurred in British India in respect of accidents which happen to the Punjab Public Works Department employees of the Irrigation and Building and Roads Branches in the tracts to which the Act has not yet been applicable.

Note (1) This rule does not apply to members of the temporary establishment whose pay is charged to works under paragraph 1.131 of this Code. The leave salaries, traveling and other allowances of such establishment are regulated by the rules applicable to temporary establishment.

Note (2) Rules for the recovery of rent from work-charged establishment are contained in paragraph 3.28.

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MOST IMMEDIATE/DATE BOUND

Subject : Draft Para titled as "Response of the departments to Draft Audit Paragraphs" for inclusion in the Report of the Comptroller and Auditor General of India for the year 2001-2002 (Civil) - Govt. of Haryana.

Will all the Financial Commissioners & Principal Secretaries/Administrative Secretaries to Govt., Haryana kindly refer to the subject noted above.

2. As per the instructions issued vide Finance Department U.O. No. 21/2/81- 3B&C dated 5th Jan., 1982 & reiterated vide F.D's U.O. No. 21/2/97-3B&C dated 21.6.2000, the replies of Draft Paragraphs of CAG reports are to be sent to the Accountant General, Haryana within a period of six weeks. Perusal of the attached Draft Para reveals that the replies of 45 Draft Paragraphs and Reviews forwarded to the concerned Administrative Secretaries through demi official letters by the Accountant General, Haryana during February to May, 2002 were not sent to them and this situation is being included in the CAG report (Civil) 2001-2002.

3. In view of the above, it is requested that the Finance Department may kindly be apprised of the factual position in this regard within 10 days so that suitable reply to this draft para is sent to Accountant General (Audit), Haryana in time. It is further re-iterated that in future the existing instructions be meticulously adhered to and the comments/replies to the Draft Paras be invariably sent to the Accountant General, Haryana within the stipulated period of 6 weeks positively. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Principal Secretaries/

Administrative Secretaries to Govt., Haryana. U.O. No. 21/1/2002-3B&C Dated 28th June 2002.

No. 21/1/2002-3B&C Dated 28th June 2002.

A copy is forwarded to the Accountant General (Audit), Haryana, Chandigarh with reference to his D.O. letter No. Report/(Civil)/1-2/D.P.-49/2001-02/366, dated 13.6.2002 for information. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy together with a photocopy of D.O. letter No. Report/(Civil)/1-2/D.P.-49/2001-02/366 dated 13.6.2002 is forwarded to all the concerned Branch Officers/Supdts in F.D. for immediate necessary action. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

All the concerned Branch officers/Supdts. in Finance Department.

U.O. No. 21/1/2002-3B&C Dated 28th June 2002.

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ASHWANI ATTRI ACOUNTANT GENERAL (ADUIT) IA & AS HARYANA

(13th June, 2002)

―Response of the department to Draft

Audit Paragraphs‖

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Response of the departments to Draft Audit Paragraphs. Draft Paragraphs and Reviews are always forwarded to the Secretaries of the concerned Administrative Departments through demi-official letters drawing their attention to the audit findings and requesting them to send their response within six weeks. The fact of non-receipt of replies from the departments are invariably indicated at the end of each paragraph included in the Audit Reports. Finance Department also issued directions on 5 January, 1982 to all Administrative Departments to send their response to the Draft Audit Paragraphs proposed for inclusion in the Report of the Comptroller and Auditor General of India within six-weeks. In the Report of the Comptroller and Auditor General of India for the year ended March 2002, 45 Draft Paragraphs and 4 Reviews were forwarded to the Secretaries of the concerned departments during February to May, 2002 through demi-official letters but the Secretaries of the departments did not send replies thereto. Sd/- Accountant General

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315

These instructions have become obsolete.

No. 20/1/2002-6B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department To All Heads of Departments in Haryana, Registrar, Punjab & Haryana High Court. Dated, Chandigarh, the 3rd July, 2002 Subject : Reconciliation of departmental figures of Expenditure and receipts with those

of Accountant General Office for the year 2002-03. Sir/Madam, I am directed to invite your attention to Finance Department letter No. 20/1/94-6B&C, dated 22nd November, 1995 and subsequent reiteration thereof from time to time, on the subject noted above and to say that many departments. are still not making serious efforts towards timely reconciliation of departmental figures of Expenditure and receipts with those of Accountant General (A&E), Haryana. 2. Three months of the financial year 2002-2003 have gone requiring reconciliation of receipts and expenditure by all the departments. As per the instructions of the Finance Department the said work should be completed by the 7th day of the 2nd following month to which accounts pertain. 3· It is, therefore, requested that the reconciliation work for the year 2002-2003 be started immediately, if not started yet and a monthly progress report to this effect be sent to Finance Department (in B&C Br.) regularly. Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 20/1/2001-6B&C Dated 3.7.2002 A copy is forwarded to Deputy Accountant General (A/Cs& ACC) w.r.t. his D.O. No. TM(C)/Record/2002-03/531-34 dated 12.6.2002 for information only. Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been withdrawn vide No. 1/1(46) 2002-1FR-I, dated 1.10.2002.

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

Office Memorandum

No. 1/1(46) 2002-1FR-I Dated the 22nd July, 2002

Subject : Grant of advance increments to Government employees for doing works of

exceptional merit - clarification regarding. I am directed to address you on the subject cited above. The provisions of rules and executive instructions issued on the subject from time to time are as under :- 1. Rules: Rule 4.10 of CSR Volume I Part I.

2. Instructions issued by the Chief Secretary to Government of Punjab/Haryana: (a) No. 5752-1GS(I) 65/14567 dated 7-5-65.

(b) No. 183-2GS-69/1625 dated 22-1-1969. 2. The issue has been raised as to whether the advance increments sanctioned to the Government employees for doing work of exceptional merit should be adjusted in the future increments due to the employee in normal course or not. It appears that the grant of advance increments is being misinterpreted as if these are additional increments. The issue has been examined and clarified as under :- (i) The provision in the rules is for grant of a "pre-mature increment" which is

also termed as "advance increment" as is clarified by way of notes under Rule 4.10 of CSR Vol. I Part I. The said Rule 4.10 as contained in CSR Vol. I. Part- I is reproduced below for ready reference :-

"An authority may grant a premature increment to a Government employee

on a time-scale of pay, if it has power to create a post in the same cadre on the same scale of pay.

Note 1. A proposal to grant an increment in advance of the due date should always be scrutinised with special jealousy as it is contrary to the principle of a time-scale of pay to grant an increment before it is due. Such a grant should not be made or advised except in very rare circumstances which would justify a personal pay to a Government employee whose pay is fixed. Note 2. The expression "scale of pay" represents the maximum of the scale which is to be taken into account for determining the authority competent to sanction increments rather than the stage of it. Note 3. The grant of premature increments to members of the State Civil Medical Service is governed by the rules in Appendix Xl to the Punjab Medical Manual.

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Note 4. In the case of increments granted in advance, it is usually the intention that the Government employee should be entitled to increments in the same manner as if he had reached his position in the scale in the ordinary course and in the absence of special orders to the contrary he should be placed on exactly the same footing, as regards future increments, as a Government employee who has so risen.” (ii) A joint reading of the rule as well as instructions referred to in this memo make it

abundantly clear that the provision is for "pre-mature" or "advance increments" and not "additional increments". As a matter of fact there is no provision for grant of any additional increments either in the rules or executive instructions issued by the Government from time to time. That being the position. it is clear that the advance /pre-mature increments so granted are to be adjusted against the future increments due to the employee in the normal course. This clarification is further explained with the help of two illustrations given below :-

(a) ‗X‘ is a Government employee and his normal date of increment is say

1st March, 1999. He is granted one advance increment in recognition of his work of exceptional merit, say, on 1st June, 1999. The advance increments so granted to him are adjustable against the normal increments due to him on the 1st March of the following year i.e. w.e.f. 1-3-2000 and 1st March, 2001 which means that he will not be entitled to get his normal increments on the 1st March, 2000 and 1st March, 2001 and will be entitled to his normal increment only w.e.f. , 1-3-2002.

(b) ‗Y‘ is a Government employee and his normal date of increment is say

1st March, 1999. He is granted two advance increments in recognition of his work of exceptional merit, say on 1st June, 1999. The advance increments so granted to him are adjustable against the normal increments due to him on the 1st March of the following year i.e. w.e.f. 1-3-2000 and 1-3-2001 which means that he will not be entitled to get his normal increments on the 1st March, 2000 and 1st March, 2001 and will be entitled to his normal increment only w.e.f. 1-3-2002.

3. The above clarification may kindly be brought to the notice of all concerned including the DDOs, Heads of Offices and Heads of Department i.e. the competent authority for grant of normal increments for strict compliance. Sd/- Under Secretary Finance (FR) for Commissioner & Secretary to Government, Haryana, Finance Department.

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318

These instructions have become obsolete.

BUDGET-INSTRUCTIONS MOST IMMEDIATE DATE BOUND No. 2/5/2002-1B&C From Commissioner & Secretary to Government, Haryana, Finance Department. To All the Heads of Departments, Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Commissioners of Divisions, Ambala, Hisar, Rohtak & Gurgaon, All Deputy Commissioners in the Haryana State. Dated, Chandigarh, the 5th August, 2002 Subject : Preparation of Budget Estimates 2003-2004 — Instructions regarding. Sir, As you are aware, all the departments are required to submit various returns every year to the Finance Department for the finalization of Budget Estimates for the next year. Though the comprehensive instructions for preparing these returns are contained in Chapters 3, 4 and 5 of the Budget Manual, yet some additional instructions are issued on the subject by the Finance Department every year. It has been observed that some Departments do not adhere to these instructions strictly while framing Budget Estimates leading to unwanted correspondence and delay. You are, therefore, requested to instruct the officials concerned of your organization to keep these guidelines in view while preparing the Budget Estimates for the year 2003-2004. 2. Attention is particularly invited to the submission of modified form B.M. 2 (enclosed as Annexure-I) which should contain the following information :- (a) Original estimates of the current year 2002-2003.

(b) Accounts of the year 2000-2001, and for the year 2001-02, if available.

(c) Actuals of previous year 2001-2002 for last 6 months.

(d) Actuals of current year 2002-2003 for first 6 months.

(e) Revised Estimates of expenditure for 2002-2003 proposed by Heads of Departments.

(f) Budget Estimates 2003-2004 proposed by Head of Departments.

(g) Remarks. INFORMATION NOT IN ABOVE FORMAT IS LIABLE TO BE RETURNED. Further, the summary of Minor Heads for the above columns is also needed for inclusion in the Budget proposals. ANY SIGNIFICANT VARIATION MAY BE EXPLAINED IN THE REMARKS COLUMN.

319

B.M. FORM 10

3. Information in B.M. form 10, enclosed at Annexure-II and II-A (as the case may be) regarding Pay, DA, CCA, Medical Allowances etc., and Annexure-Ill regarding the provision to be made for OFFICE EXPENSES must, in all cases, be supplied alongwith the Budget Estimates for the year 2003-2004 to enable the Finance Department to assess the normal increase on account of annual increments and also on account of specific items leading to increase in contingencies. In the absence of such information, no increase would normally be provided for.

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4. The number of vehicles (petrol/diesel driven) in existence and number of vehicles likely to be condemned/replaced during the year 2003-2004 should be indicated separately.

5. With regards to the preparation of Budget Estimates 2003-2004, following further clarifications are hereby made for the benefit of all concerned:-

(i) It is mandatory for the State Govt. to seek advice of the Accountant General (A&E), Haryana in the matter of opening of new Sub Heads and below. It is, therefore, reiterated that no new Sub Head (scheme), (both in the Plan and Non Plan budget) will be included until it is approved by the Accountant General (A&E), Haryana. Departments are advised to obtain prior approval of the Accountant General (A&E), through Finance Department, if any new scheme is to be added in the Budget Estimates, 2003-2004.

(ii) No object head can be opened without the consent of Accountant General (A&E), Haryana. A list of standardized object heads alongwith their code numbers, as approved by the CAG of India, is enclosed (Annexure-IV). Both Plan and Non Plan budget documents will be made to follow these standardised code numbering 01 to 99. All the departments are requested to restrict their budgetary proposals within these object heads without insisting upon any other object head beyond this list.

(iii) It has been observed that various departments keep sending proposals for the purchase of motor vehicles during the year without any budget provision for the purpose. All heads of departments are requested to make specific budget provisions under object head "motor vehicles" if they intend to purchase any new vehicle or replace old vehicles during 2003-2004. Otherwise, no proposal for the purchase of Vehicles will be entertained by the Finance Department. It is also clarified that all expenditure relating to vehicles i.e. maintenance, repair, purchase, replacement etc. will be included under the object head "motor vehicles".

(iv) The Comptroller and Auditor General of India has recently desired that all

expenditure on account of accommodation, transport/DA etc. of Ministers/ Officers on travel abroad should be sanctioned and drawn distinctly under the object head "foreign travel/allowance". It is therefore, requested that distinct provision for this purpose be provided, if required, in the-budget proposal for the year 2003-2004 under object head "48- foreign travel/allowances".

320

(v) It has been observed that some of the Plan scheme memoranda are not prepared in accordance with the standard format prescribed by the Finance Department (Annexure-V). Rather departments repeat the wording of previous years mainly changing the years only. It is requested that explanatory memoranda to all the plan schemes must be prepared giving full details, including source of funding, upto date achievements, financial and physical targets for the year, quantum of Central Share or External Share, as the case may be, as outlined in Annexure-IV.

ECONOMY IN EXPENDITURE/GUIDELINES

6. Instructions issued from time to time regarding economy, in expenditure must be kept in view.

BUDGET CALENDAR

7. Budget Calendar for the preparation of Budget Estimates for the financial year 2003-2004 is enclosed (Annexure-VI). IT MAY PLEASE BE NOTED THAT THE FINANCE DEPARTMENT WILL NOT BE ABLE TO ENTERTAIN ANY BUDGET PROPOSAL THAT IS RECEIVED AFTER THE SPECIFIED DATES OR THAT IS NOT OTHERWISE IN ACCORDANCE WITH THESE INSTRUCTIONS. IN SUCH CASES THE BUDGET PROPOSALS WOULD BE FINALISED BY THE FINANCE DEPARTMENT ACCORDING TO ITS OWN BEST JUDGEMENT. 8. Receipt of this communication may please be acknowledged.

Yours faithfully, Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Commissioner & Secretary to Government, Haryana, Finance Department. No. 2/6/2002-1B&C Dated 5.8.2002. A copy, with a copy of its enclosures, is forwarded to the Account General (Audit & Accounts), Haryana with the request that :- (i) He may kindly inform the Finance Department about the estimates of the

Heads of Accounts with which he is concerned by the dates indicated in calendar; and

(ii) He may kindly ensure up-to-date reconciliation of expenditure with the

departments to enable the latter to frame their revised estimates 2002-2003 realistically.

Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Commissioner & Secretary to Government, Haryana, Finance Department.

321

A copy, with enclosures, is forwarded to all the Financial Commissioner & Principal Secretaries/Administrative Secretaries to Government Haryana, for information.

2. They may kindly ensure that the Departments under their Administrative control submit the budget returns by the dates prescribed in the schedule at Annexure-VI. Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Commissioner & Secretary to Government, Haryana, Finance Department. To

All the Financial Commissioners and Principal Secretaries/ Administrative Secretaries to Government, Haryana.

U.O. No. 2/6/2002-1B&C Dated 5.8.2002. A copy, alongwith copies of enclosures, is forwarded to all Branch Officers/Supdts. in the Finance Department for information and necessary action. 2. It is requested that the dates prescribed in the Schedule should be adhered to. Cases of default should be brought to the notice of the concerned Administrative Secretary by the Branch Officer concerned. Sd/-

(S.R.Maurya), Deputy Secretary Finance (B).

for Commissioner & Secretary to Government, Haryana, Finance Department. To All the Branch Officers/Supdts. in FD. U.O. No. 2/6/2002-1B&C Dated 5.8.2002.

Contd… Encls.

322

ANNEXURE - I

Form BM-2

MAJOR HEAD Paragraphs—3.2 3.5, 3.6, 4.5, 4.6, 4.7, 4.8, 4.11, 5, 17(ii)(a) and Appendix H

Major HEAD

SUB MAJOR HEAD

MINOR HEAD

STANDARD OBJECT OF EXPENDITURE

Budget 2002-2003

Accounts 2000-2001

Actual of previous

year 2001-2002 for

first 6 months

Actuals of current year

2002-2003 for first 6 months.

Revised Estimates

2002-2003.

Budget Estimates

2003-2004

Remarks

Proposed by Head of

Department

Proposed by Head of

Department

Salaries

Leave Travel Concession

Medical Reimbursement

Stipend/ Scholarship

Travel Expenses

Dearness Allowance

Office Expenses

POL

Material & Supplies

Rent Rate and Taxes

Wages

Motor Vehicle

Grant-in-aid

Foreign Allowance

Other Charges

Others (Pl. Specify as selected form-Annexure-VI according to the requirement

Total :

Footnote :- In the case of Irrigation Branch 6+6 months actuals need not be supplied for any

head except ―Maintenance and Repairs‖ and ―Establishment‖.

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ANNEXURE - II

Form B.M.10

Nominal Roll referred to in paragraph 3.6(a) and 5.6 For other than Education, Health, Police and PWD Departments.

Department ______________________________ Date : ____________

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Sr. No.

Post/ Designatio

n

Name Date of joining

Date of Retire-ment

Pay scale

Basic Pay on 1.4.03

Date of increment

Special pay, if any

D.A. CCA HRA Fixed Med.

Allow.

Med. Allow.

(Reimbursement

)

Any other

Remarks

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ANNEXURE - II-A

Form B.M.10

Nominal Roll referred to in paragraph 3.6(a) and 5.6 Only for Education, Health, Police and PWD Departments. Department __________________________ Date: ____________

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

Sr. No.

Post/ Designa-

tion

Total No. of

Sanctioned posts

Filled Vacant Pay scale

Basic Pay on 1.4.03

Date of increment

Special pay, if any

Total Pay

CCA HRA Fixed Med. Allow.

Med. Allow.

(Reimbursement

)

Dearness

Allowance

Total Prov.

For the year

Remarks

Notes :- (1) ‗Voted‘ and ‗Charged‘ item should be separately shown.

(2) In case of temporary establishment authority under which they are entertained should be quoted.

(3) Numbers and amount should agree with the entries in the estimate form.

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ANNEXURE - III

Form BM-10

Standard object of expenditure Head

Actual Actual Exp. Budget Proposed Budget

Expenditure 2000-2001

Expenditure 2001-2002

2002-2003 Estimates

Revised Est. 2002-2003

Estimates 2003-2004

1 2 3 4 5 6

OFFICE EXPENSES (i) Telephone Charges

(ii) Electricity & Water Charges

(iii) Postage & Telegrams

(iv) Stationery including Computer Stationery

(v) Printing of Forms etc.

(vi) Details of any other items peculiar to Departments. Wages

(Staff paid from Contingency)

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ANNEXURE - IV

LIST OF OBJECT HEADS

Code No. OBJECT HEAD

01 Salaries

02 Wages

03 Dearness Allowances

04 Travel Expenses

05 Office Expenses

06 Rent, Rates and Taxes

07 Publications

08 Advertising and Publicity

09 Grants-in-Aid

10 Contributions

11 Subsidies

12 Scholarships and Stipends

13 Hospitality/Entertainment Expenses

14 Sumptuary Allowances

15 Secret Services Expenditure

16 Major Works

17 Minor Works

18 Maintenance

19 Machinery and Equipment

20 Tools and Plant

21 Motor Vehicle

22 Investments

23 Loans

24 Materials And Supplies

25 Interest

26 Dividends

27 Pensions

28 Gratuities

29 Depreciation

30 Inter Account Transfers

31 Write off Loans/Losses

32 Suspense

33 Professional and Special Services

34 Other Charges

35 Royalty

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Code No. OBJECT HEAD

36 International Programmes

37 Payments out of Discretionary Grants

38 Deputation/Travel Abroad of Scientists

39 Rewards

41 Discounts

42 Commitment Charges

43 Cost of Ration

44 Arms and Ammunition

45 P.O.L.

46 Clothing, Tentage and Store

47 Stores and Equipment

48 Foreign Travel Allowances

49 Festival Advances

50 Advances

51 Compensation

52 Gifts

53 Reserves

54 Expenses of Conduct Tours

55 Fees to Staff Artist

56 Feeding and Cash Doles

57 Purchase of Food Grains

58 Central State Transfer of Resources

59 Prizes and Awards

60 T.A. D.A.to Non Official Members

61 Refunds

62 National Value of Gifts Received

63 Customs Duty

64 Lands

65 Buildings

66 Proficiency & Special Services

67 Medical Reimbursement

68 Election Expenditure

69 Contractual Service

70 Leave Travel Concession

71 MRC to Pensioners

72 Aid to Poor Accused

73 Aid to Indigent Persons

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Code No. OBJECT HEAD

74 Special Comp Plan for SC

75 Conveyance Allowance

76 Unemployment Allowance

77 Deduct Recoveries

78 Deduct Recoveries (Suspense)

79 Ex-Gratia

80 Lump Sum Provision

81 Court Fee

82 Legal Camps

83 Water Charges

84 Legal Fee to Counsels

85 Research and Development

86 Training

87 Honorarium

88 Computerisation (IT)

89 Miscellaneous

90 Rebate on Khadi

91 Recoveries

92 Energy Charges

93 Uniform/Liveries

94 Fellowship

95 Internship

96 Work Figure

97 Development of Farm

98 Furniture

99 Purchases

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ANNEXURE - V

MEMORANDUM EXPLANATORY OF THE PLAN SCHEMES

Plan Head ___________________________________________

Code No. and Name of the Scheme _______________________

Explanation :

(a) Financing of the Scheme (SP, CSS, CSP) or EAP.

(b) Object and Performance of the Scheme from its initiation.

(c) Targets achieved so far.

(d) Financial and physical targets for the year 2003-2004.

(e) Quantum of funds likely to be borne by Government of India or by any external agency.

(f) Benefit of the Scheme.

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ANNEXURE - VI SCHEDULE OF DATES FOR THE SUBMISSION OF RETURNS TO THE FINANCE DEPARTMENT IN CONNECTION WITH THE PREPARATION OF THE BUDGET ESTIMATES, 2003-2004.

I. Ordinary Budget (a) Receipts Estimates- (Receipt Budget Material)

(i) Other than Land Revenue, irrigation and civil works by 3rd October, 2002

(ii) Land Revenue by 25th October, 2002

(iii) Irrigation by 6th November, 2002

(iv) Civil works by 20th November, 2002

(v) Final Receipts Estimates in respect of Land Revenue, State Excise Duties, Stamps Interest, Irrigation and Extraordinary Receipt by

3rd January, 2003

(b) Expenditure Estimates (Permanent Budget Material) From 16th October, 2002 to 6th November, 2002

II. Schedule of New Expenditure

A - NON-PLAN (a) Technically New Schemes- (Material for continued SNEs) 28th August, 2002.

(b) New Schemes.

(i) Proposals to be sent to the Finance Department by 30th Sept., 2002.

B - PLAN

(i) Discussion with the Planning Commission to be arranged by the Planning Department by

1st week of December, 2002

(ii) Revised Schedule in Forms B.M. 2 and Memoranda, where necessary on the basis of the discussion with the Planning Commission to be supplied to the Finance Department.

within one week from the discussion with the Planning Commission

III. Statement of Excesses and Surrenders

Statement of Excesses and Surrenders to be supplied to the Finance Department by the Head of Department by

27th November, 2002

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 2/1/95-4PR(FD) Dated 8th August, 2002

Office Memorandum

Subject : Grant of Selection grade to Government employees – regarding calculation

of Selection Grade posts. The undersigned is directed to invite a reference to the following letters issued by the Finance Department in connection with the subject cited above :

Sr. No.

Reference No. Contents-in brief

1. No. 3/2/1PR(FD)-80, dated 6th October, 1980

The Selection Grade posts, with reference to the percentage prescribed, to be calculated on the strength of permanent sanctioned posts

2. No. 3/2/1PR(FD)-80 dated 24th August, 1981

The Selection Grade posts, with reference to the percentage prescribed, to be calculated' on the strength of permanent sanctioned posts and such of the temporary posts which had been in existence for a period of more than-three years.

3. No. 2/1/95-4PR(FD) dated 20.8.96

The Selection Grade post, with reference to the percentage prescribed, to be calculated on the strength of all permanent and temporary sanctioned posts.

2. It has been observed that the instructions issued vide letter dated 20.8.96 have been issued under an erroneous premise and the same calls for correction. The background facts in this regard, as taken from the judgments of the Hon'ble Punjab & Haryana High Court in CWP No. 1572 of 1973, CWP No. 2242 of 1984 and LPA No. 135 of 1986, areas under :- (i) Pay scales for teachers in the Education, Department were prescribed vide

Government letter dated July 23, 1957 in the joint Punjab. One of the provisions made in this letter of 23.7.57 was as under. "15% of teachers in this group should straightway be promoted to the middle scale by selection 'based on seniority and merit, while the rest should be given the lower scale. A reading of the above stipulation shows that this was a provision for grant of Selection Grade for 15% of the cadre of junior teachers/JBT teachers at that time.

(ii) Some of the JT/JBT teachers serving in different schools in Punjab filed a Civil

Writ Petition in 1973 bearing No. 1532 of 1973 claiming Selection Grade in the scale of Rs. 120-175 to which they were allegedly eligible in accordance with the directions issued by the State of Punjab contained in the letter dated 23.7.57. The Punjab state took up the position that the Selection Grade had been abolished w.e.f. 1.4.65 when a uniform grade was introduced and the grant of Selection Grade was not automatic. The Civil Writ Petition was disposed of on 18.3.82 by A.S.Bains, J. and it was held that Selection Grade should be released

332

in accordance with the instructions of the Government and if any of the petitioners was eligible to get the Selection Grade before March 31, 1965, the same should be granted to him along with the consequential relief in accordance with the instructions.

(iii) The instructions pertaining to grant of Selection Grade to the teachers dated

23.7.1957 did not mention that for the purposes of calculation of Selection Grade posts only the permanent posts were to be taken into account. However, the Commissioner & Secretary, Education, Punjab clarified vide his letter dated June 24, 1964 wherein it was stated that in future the posts of teachers in the higher grade in the prescribed ratios should be allowed on the basis of the permanent strength and not against the temporary posts unlike the practice followed in the past. Further, the Punjab Government issued another letter dated 10.3.65 whereby it was prescribed that the Selection Grade posts are to be calculated only on the basis of permanent strength of the cadre. Further, the Government of Punjab also decided to abolish the provision of Selection Grade for the teachers w.e.f. April 1, 1965 when a uniform grade was introduced.

(iv) Thereafter, some teachers from Punjab filed another Civil Writ Petition No. 2242

of 1984 which was decided by Mr. Justice Pritpal Singh vide his judgment dated October 31, 1985. Para 7 of the judgment dated 31.10.85, which constitutes the operative part of the judgment is reproduced as under :-

―The current position, therefore, is that 15% of the JT/JBT teachers are eligible to get Selection Grade up to June 24, 1964 on the total strength of the cadre including, the temporary posts. From June 24, 1964 to April 1, 1965, the Selection Grade was to be granted only to 15% of the permanent cadre. Admittedly, the Selection Grade was abolished w.e.f. April 1, 1965. The respondents are consequently directed to grant Selection Grade accordingly. If any of the petitioners is eligible for the Selection Grade before March 31, 1965 in accordance with above formula, he may be considered for the grant of the name. The writ petition is disposed of in these terms. The petitioners will be entitled to the costs. Counsel fee fir Rs. 500/-.

October 31, 1985 Sd/- Pritpal Singh, Judge." (v) The orders of the Hon'ble Punjab & Haryana High Court in Civil Writ Petition

No. 2242/84 were challenged by way of a letters Patent Appeals No. 135/86 and No. 138/86. The issue was decided in LPA No. 135/86 by a Division Bench of the Hon‘ble Punjab & Haryana High Court which, after discussing the merits of the case held that :-

―The view taken by the learned Single Judge is unassailable and nothing gainfully can be added to it. Resultantly, we affirm the findings arrived at by the learned Single Judge for the reasons recorded in the judgment."

It further stated that

"In view of the observations made above, we find no force in the LPAs. The same are dismissed with no order as to costs. However, the respondents who are found to be eligible by the State, shall be entitled to the arrears only to the extent of 38 months prior to the date of filing the writ petitions.

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(vi) The said order dated 15.1.90 of the D.B. of the Hon'ble Punjab & Haryana High Court was, challenged in the Hon'ble Supreme Court of India by way of SLP which was dismissed by the Apex Court vide its order dated 22.10.1990.

(vii) Thus, the order passed by the learned Single Judge, Mr. Justice Pritpal Singh in

Civil Writ Petition No. 2242/84 and upheld by the Division Bench in LPA No. 135/86 vide their order dated 15.1.90 with the modification for restriction of payment of arrears to 38 months got a finality with the SLP having been dismissed by the Hon'ble Supreme Court of India. Thereafter, another group of teachers from Punjab filed Civil Writ Petition No. 601 of 1991 on the same subject and on the same grounds and the Hon'ble Punjab & Haryana High Court decided the said Civil Writ Petition in terms of the judgment dated 15.1.90 in LPA No. 135/86. Again, another group of teachers filed another Civil Writ Petition No. 9064 of 1993 on the same subject and on the same grounds and this writ petition was also decided in terms of the judgment of this Court dated 15.11.85 (Single Bench) and 15.1.90 in LPA No. 135/86 by Mr. Justice G. S. Singhvi vide his order dated 23.2.95. Another group of 18 CWPs filed by teachers from Haryana State were decided by a common order in CWP No. 2143 of 1994 on the same lines. Thereafter, a group of 25 teachers from Haryana filed Civil Writ Petition No. 11255/95 on the same subject and same grounds. This writ petition was decided by a Division Bench of the Hon'ble Punjab & Haryana High Court vide its order dated 21.8.95. The order of the Hon'ble Punjab & Haryana High Court in this writ petition is reproduced, in toto as under :-

"The respondents are directed to decide the representation within three months, keeping in view the law laid down by this court as well as by the Hon‘ble Supreme Court of India, by passing a speaking order. If the petitioners are found entitled to any relief, the same shall be released to the petitioner within one month thereafter.

It may be brought to the notice of the Chief Secretary that in spite of the decision of this court and by the Supreme Court laying down the law, a number of writ petitions are being filed before this court wherein it has been brought to our notice that the departments are not implementing the law laid down by the Supreme Court. We hope that appropriate instructions will be issued to all concerned to implement the law laid down by this court and the Chief Secretary will ensure the implementation of the law of the land so as not to force the Government employees to get the order of the Hon'ble Supreme Court as well as of this court implemented through petitions.‖

3. After the orders dated August 21, 1995 as reproduced above were passed by the Hon'ble Punjab & Haryana High Court, a reference was received in FD from the office of Chief Secretary, Haryana for issuing general instructions on the subject. Resultantly, the instructions bearing No. 2/1/95-4PR(FD) dated 20.8.96 were issued as under :-

Subject : Grant of Selection Grade regarding calculation of Selection Grade posts. I am directed to invite your attention to the subject noted above and to say that prior to 1.4.79 the Selection Grade to Group 'C' & 'D' Category employees was admissible on the basis of the number of permanent posts in a particular cadre and later on till 1.1.86, the date on which this practice was

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altogether abolished, for determining the number of the Selection Grade posts, the temporary posts in existence for the preceding three years were also taken into account. 2. The CWP No. 2143 of 1994 and 11255 of 1995 were filed in the High Court by some teachers of the Education Department and while disposing these off, Hon'ble High Court directed to grant the Selection Grade on the basis of total strength, including permanent and temporary posts, with all consequential benefits, to the petitioners. Thus, the employees of the Education Department have already been granted this benefit as per the judgment. 3. The Government has, therefore, decided that the Selection Grade wherever available prior to 1.1.86 may be worked out on the basis of total strength including permanent and temporary posts and all consequential benefits including arrears of 38 months preceding the date of such decision, be allowed to eligible employees."

4. The chronological sequence of events given above clearly shows that the orders of the Hon'ble Punjab & Haryana High Court in Civil Writ Petition No. 11255/95 as reproduced in para 2(vii) above could not have been read in isolation of the judgment in Civil Writ Petition No. 2242/84 and LPA No. 135/86. Thus, the instructions dated 20.8.1996 as reproduced above have been issued under an erroneous premise by way of wrong interpretation/application of the orders of the Hon'ble Punjab & Haryana High Court and the Hon'ble Supreme Court of India. It is evident that the orders of the Hon‘ble Punjab & Haryana High Court were confined to the grant of Selection Grade on the permanent and temporary posts up to 24 June, 1964 and only for the teachers of the Education Department and for nobody else. 5. As a matter of fact, the Government of Haryana in the Finance Department had issued instructions vide its letter No. 3/2/1PR(FD)/80 dated 6th October, 1980 whereby it was reiterated that the Selection Grade posts were to be calculated on the basis of permanent sanctioned posts in a Department. Further, the Government modified its instructions of 6th October, 1980 vide instructions bearing even number dated 24.8.81 whereby the method of calculation of Selection Grade posts was changed and it was prescribed that the permanent posts as well as such of the temporary posts in a cadre which have remained in existence for more than three years should be taken into account, for the purposes of calculating Selection Grade posts as against only the permanent posts under the instructions of 1980.

6. It may also be seen that the instructions of 24.8.81 were already in place at the time the cases pertaining to the Education Department were decided in the years 1985 onwards till the year 1995. These instructions were at no stage assailed before the Hon'ble Punjab & Haryana High Court nor were these discussed in any of the court cases. As a matter of fact, the Hon'ble Punjab & Haryana High Court had even, by implication, upheld the instructions dated 1965 as well whereby the, Selection Grade, posts were calculated on the basis of permanent sanctioned posts in a cadre.

7. The issue arises as to what should be the rational approach for the purposes of calculation of Selection Grade posts. The correct principle was prescribed in the instructions of 1965 and then 1980 when it was stipulated that the number of selection grade posts should be calculated on the basis of permanent posts. However, this was correct so long as the system of converting temporary posts into permanent posts at the end of every five-year plan period was meticulously followed. This system became lax, with the continuity of plan schemes (for which temporary posts are sanctioned) beyond one plan period. As a result, as on today, there are a

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large number of temporary posts which have been continuing as such for a period exceeding five years, and in many cases even beyond ten years. It was in this background that instructions of 1981 were issued whereby the permanent posts as well as temporary posts in existence for a period of more than three years were taken into account. The rationale behind taking temporary posts of more than three years into account also lies in the fact that it normally takes one to two years time to fill up a post after it is sanctioned and another one year is the normal probation period.

8. In any case, there is no rationale for calculating Selection Grade posts on the strength of all the Permanent posts and Temporary posts. If this be the proposition, there would be a number of Selection Grade posts which may be worked out on the basis of such of the temporary posts which are not even filled up and lying vacant. For example, if a particular cadre has a total of 100 sanctioned posts out of which 75 posts are permanent and 25 posts are temporary and the total number of filled up posts is only 85. The number of Selection Grade posts (20%) on the basis of existing formula as per 1996 instructions would be 20. On the other hand, out of 25 temporary posts, there are only nine posts which have been sanctioned for a period of more than three years. The number of Selection Grade posts under the 1981 instructions would work out to 16 as against 20 under the 1996 instructions. If one goes by the number of posts actually filled up, the number of Selection Grade posts would work out to 17. Thus, 1996 instructions result in creation of Selection Grade posts which would be around 24% when assessed against the filled up posts whereas the prescribed percentage is only 20. The above analysis shows that the instructions issued on 24.8.1981 are most rational.

9. Keeping in view the above detailed discussions, the Government have now decided to withdraw the instructions bearing No. 2/1/95-4PR(FD), dated 20.8.1996 and reiterate the FD's instructions dated 24.8.1981 whereby it was stipulated that for the purpose of calculating the selection grade posts, the permanent posts and such of the temporary posts in a cadre which have remained in existence for more than three years should be taken into account. Accordingly, the Government has decided that for the purpose of calculating selection grade posts, the permanent posts as well as temporary posts in a cadre which have remained in existence for more than three years should be taken into account. However, while making calculations, the fraction of three and above may be considered as whole number. It has also been decided that for the computation of Selection Grade post in a cadre, the minimum number of posts in that cadre must be three if the selection grade stands sanctioned at 20% of the cadre and for a cadre strength of 3 to 7 posts, the Selection Grade at 20% should be admissible to one post only.

10. It is very well in the mind of the Government that withdrawal of instructions dated 20.8.96 would result in recoveries from certain employees rendered ineligible when their cases are re-examined in accordance with 1981 instructions. However, being a welfare state, it has been decided by the Government that no recovery is to be effected from the employees found to be ineligible in this process. However their cases would have to be, re-opened and decided in terms of FD's instructions dated 24.8.1981 and their pay re-fixed on notional basis on the date the Selection. Grade was granted to them under the 1996 instructions. The pay so re-fixed on notional basis would be brought forward and fixed as on 1.8.2002 and the employees would start drawing their salaries with effect from 1st day of August, 2002 accordingly.

11. Similarly, in the case of those who have retired from Government Service and are in receipt of pension determined on the basis of emoluments fixed in accordance with the instructions dated 20.8.1996, the pensions would be re-fixed on the basis of emoluments they would have been entitled to in accordance with para 10 above. The pensions so re-fixed would

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be paid accordingly w.e.f. 1.8.2002. The cases of those who have died should not be re-opened.

12. These instructions may please be brought to the notice of all the employees working under various Departments of the State Government. Sd/- Under Secretary Finance (PR), for Commissioner & Secretary to Government, Haryana, Finance Department. To

The Chief Secretary to Government of Haryana/All the Financial Commissioners & Principal Secretaries to Government of Haryana/ Administrative Secretaries to Government of Haryana in various Departments/Head of Departments/Divisional Commissioners/ Deputy Commissioners/Sub Divisional Officers (Civil) in Haryana/ Registrar, Punjab & Haryana High Court at Chandigarh/Accountant General (A&E) Haryana and the Accountant General (Audit) Haryana, with five spare copies in each case for use in the subordinate offices.

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GOVERNMENT OF HARYANA FINANCE DEPARTMENT

No. 2/12/99-2PR(FD)

Dated, Chandigarh, the 9th August, 2002

Office Memorandum Subject : Grant of two advance increments to the Junior Engineers on acquiring

AMIE or an equivalent degree during service -discontinuation thereof. I am directed to refer to Finance Department letter bearing No. 6/144/4PR(FD)-87, dated 27.1.1992. The Government had further modified the pay scales of Junior Engineers w.e.f. 1.1.1992 under the instructions referred to above. In addition, another incentive was introduced for the in service Junior Engineers whereby two advance increments were sanctioned on acquisition of AMIE or an equivalent degree while being in service. 2. This issue has been examined in view of certain references received from the Departments. Keeping in view the large number of engineering graduates now available in the market and the engineering graduates opting to apply for the posts of Junior Engineers, it is felt that there is no justification to continue with the incentive sanctioned by way of instructions dated 27.1.92. Accordingly, it has been decided to withdraw the said incentive facility with immediate effect. 3. The contents of this Office Memorandum may be brought to the notice of all concerned. Sd/- Under Secretary Finance (PR), for Commissioner & Secretary to Government, Haryana, Finance Department. To

All the Administrative Secretaries to Government of Haryana in various Department/Head of Deptt,/Divisional Commissioner/ Deputy Commissioners/Sub Divisional Officers (Civil) in Haryana/ Registrar, Punjab & Haryana High Court at Chandigarh/Accountant General (A&E) Haryana/and the Accountant General (Audit) Haryana with five spare copies in each for use in the offices.

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GOVERNMENT OF HARYANA FINANCE DEPARTMENT

Office Memorandum

No. 1/2(III)-2001-2FR-II Dated, the 12th August, 2002

Subject : Grant of pensionary benefits to the employees on Foreign Service/

Deputation/BBMB/Chandigarh Administration - regarding reckoning of emoluments for fixation of pension at the time of retirement/ superannuation.

I am directed to invite your attention to the subject cited above. The issue of grant of pensionary benefits to the employees working in the BBMB, Chandigarh Administration, on deputation to various State/Central Organisations, PSUs, Boards & Corporations has been engaging the attention of the Government for sometime in the past. The position of relevant rules and executive instructions issued on the subject are as under :- (A) Statutory Rules: (i) Rule 6.19(C) of the Punjab Civil Service Rules, Vol. II as applicable to the State

of Haryana.

(ii) Rule 2.21 read with Chapter 10 of the Punjab Civil Service Rules, Vol. I, Part I, as applicable to the State of Haryana.

(iii) Rule 10.21 of Punjab Civil Service Rules Vol. I, Part I (non-existent in the Rules applicable to the State of Haryana)

(iv) Section 79(4) of Punjab Reorganisation Act, 1966. (B) Executive Instructions: (i) No. 2528-5FR(I)-76/14020 dated 11.5.77 and para 2.4 there under.

(ii) No. 13/5(5)/86-5FR-I dated 17.3.87 and para 2.4 there under.

(iii) No. 1/4/(13)/93-2FR-II dated 26.5.97 2. The whole issue has been examined in detail. Broadly speaking, there are four categories of employees for the purposes of subject mentioned above. These four categories are as under :- (A) Government employees serving in the State Government and its Departments.

(B) Government employees on deputation to various Boards, Corporations, Universities, Autonomous Bodies, PSUs of the State Government or similar organisations in the Central Government.

(C) Haryana State Government employees deputed against the share quota posts in U. T. Administration, Chandigarh.

(D) Haryana Government employees deputed to serve in the Bhakra-Nangal & Beas Management Board (BBMB) against the share quota posts of the State of Haryana.

3. The position in respect of each of the categories mentioned above is discussed and decided as under:

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(A) Government employees serving in the State Government and its Departments.

The emoluments that have to be taken into account for the purposes of determination of pension have been explained under Rule 6.19(C) of the CSR Vol. II as amended upto-date and applicable to the State of Haryana. There is no doubt or confusion, whatsoever, in so far as the determination of pension of the employees covered under this category are concerned. Their pension has to be determined with reference to the average of last ten months‘ pay while serving in connection with the affairs of the State Government or any of its Departments. (B) Government employees on deputation to various Boards, Corporations,

Universities, Autonomous Bodies, PSUs of the State Government or similar organisations in the Central Government.

(i) In so far as the employees covered under this category are concerned, they are on deputation with these organisations and the service rendered in these organisations is foreign service in terms of Rule 2.21 of the CSR Vol. I, Part I. The salary drawn by the employees during the period of deputation is governed by the terms & conditions of their deputation. Invariably, they are given the option either to draw pay in the pay scale of the deputation post if the same happens to be more favourable to them or get deputation allowance if admissible under the Government instructions issued from time to time. The borrowing organisations are required to deposit the leave salary and pension contribution in respect of these employees for the period of deputation. However, the pensionary liabilities are borne in full by the State Government under which these employees hold their substantive posts. (ii) Their emoluments to be reckoned for the purposes of pension in these cases are defined under the provisions of Rule 6.19(C)(iii) & (iv) of CSR Vol. II as applicable to the State of Haryana. The rule provides that: "6.19(C) (iii) There will be no change in the existing principle of reckoning those emoluments

for pension which are paid by the Government. In other words, the entire amount drawn as emoluments by a Government employee while on foreign service will not count for pension and gratuity. In such a case, the pay which the Government employee would have drawn under the Government had he not been sent on foreign service will alone be taken into account.

(iv) In the case of employees on deputation to any other State Government or the

Central Government, the emoluments which he would have drawn, had he not proceeded on deputation, will alone be taken into account"

iii) It is thus clear that in the case of employees covered under this category only such emoluments would reckon for pension and gratuity as they would have drawn on a presumptive basis on their substantive/officiating posts in their parent departments but for their proceedings on deputation to these organisations even if they retire/superannuate while being on foreign service/deputation. (C). Haryana State Government employees deputed against the share quota

posts in U. T. Administration, Chandigarh. (i) Haryana Government employees are deputed to serve under the UT Administration, Chandigarh under the special dispensation of share quota posts provided under the statutory Scheme of the Punjab, Reorganisation Act, 1966. Their posting with the UT

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Administration is under a special arrangement of the share quota allotted to the States of Punjab and Haryana. It is on account of this special arrangement that the UT Administration is not required to deposit the leave salary and pension contribution to the State of Haryana in respect of these employees for the period they serve with the UT Administration. Para 2.4 of the executive instructions dated 11.5.1977 and 17.3.1987 respectively, providing that deputation to Chandigarh Administration will not be treated as foreign service, has to be read in this context. (ii) Chandigarh Administration has adopted the Punjab pattern of Pay Scales in respect of the employees serving in connection with the affairs of the UT Administration. Punjab pattern of pay scales is different from that of Haryana State which has broadly followed the Central pattern of pay scales. However, the Punjab pattern of pay scales is applicable in respect of the UT cadre employees. Any employee from the Haryana Government normally goes to the UT Administration in his own pay scale. There are certain cases where Haryana Government employees, deputed with the Chandigarh Administration, have been allowed adhoc promotions by the UT Administration on account of their own administrative exigencies. The employees so promoted may actually be junior in their substantive posts in the parent department and join against such substantive posts on their return to the parent department. In case an employee so promoted while serving with the Chandigarh Administration also retires/superannuates from the Chandigarh Administration, he cannot claim his pension and gratuity on the basis of emoluments drawn by him while serving under the Chandigarh Administration since his pensionary liabilities are borne in full by the State of Haryana and his pension cannot be fixed at a stage higher than those serving in the parent department and though senior to him. Thus, under no circumstances, he would be entitled to draw his pension on the basis of some adhoc promotion or higher pay scale that he might have got while serving in connection with the affairs of the UT Administration, Chandigarh. (iii) keeping the aforesaid in view, it is clarified that the pension of the Haryana Government employees retiring/superannuating from the Chandigarh Administration will be fixed on the basis of emoluments they are entitled to on their substantive posts in their parent departments by working out the same on a presumptive basis in accordance with the provisions contained in Rule 6.19(C)(iii) & (iv) of the CSR Vol. II, as amended up to date, and applicable to the State of Haryana. (D) Haryana Government employees deputed to serve in the Bhakra-Nangal

and Beas Management Board (BBMB) against the share quota posts of the State of Haryana.

(i) The BBMB was created under Part VIII of the Punjab Reorganisation Act, 1966 for the administration, maintenance and operation of the Project with the rights of the successor states defined therein. Sections 79(4) of the Re-Organisation Act deals with the issue of staff and establishment of the Project. In so far as the employees covered under his category are concerned i.e. those who are deputed to serve with the BBMB under the share quota posts allocated to the successor states under the statutory scheme. Pay scales allowed for different categories of employees with the BBMB, are higher than those approved by the State of Haryana for those categories serving in the state. However, the employees deputed to serve under the BBMB are allowed to opt for the BBMB, pay scales for the period they serve as such. The BBMB, as in the case of Chandigarh Administration, is not required to deposit the leave salary and pension contribution to the state of Haryana in respect of these employees for the period of deputation. It is in this context that service under the BBMB is not treated as foreign service under para 2.4 of the Haryana Government executive instructions dated 11.5.77 and 17.3.87 respectively.

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(ii) There has been some litigation by the employees serving in BBMB regarding reckoning of emoluments for the purposes of pension and gratuity involving both the States of Punjab & Haryana. A brief resume of the orders of the Hon'ble Punjab & Haryana High Court and the Hon'ble Apex Court is as follows :-

Sr.

No.

CWP/SLP Reference No.

Subject and orders of the Courts

(i) CWP No. 4381/93 Charan

Jit Singh Kohli Vs. State of Haryana

The Hon'ble Punjab & Haryana High Court decided vide its order January 13, 1994 that the pension of the petitioners should be fixed with reference to the emoluments drawn by these employees in BBMB at the time of their retirement. This position is based on para 2.4 of the executive instructions dated 11.5.77 referred to above. No SLP appears to have been filed against the said orders and hence, gained finality.

(ii). CWP No. 6768/96 ‗Nirmal Singh, SDO Vs. State of Punjab‘

This Civil Writ Petition was filed against the State of Punjab wherein the Hon'ble Punjab & Haryana High Court granted the relief and held that their pension was to be determined with respect to the emoluments drawn by them in BBMB at the time of their retirement. The Hon'ble Punjab & Haryana High Court relied upon Rule 10.21 of Punjab CSR Vol. I, Part I, while granting relief in this case. It may be stated here that Rule 10.21 is non-existent in the CSR Vol. I, Part I as applicable to the State of Haryana. However, an SLP was filed by the State of Punjab in the Hon‘ble Supreme Court of India against the orders of the Hon‘ble Punjab & Haryana High Court. The outcome of the SLP is discussed under Sr. No. (iv).

(iii) CWP No. 9301/ 96 ‗Roshan Lal Hira Vs. State of Punjab'

Though this writ petition was filed against the State of Punjab, the relief was allowed by the Hon‘ble Punjab & Haryana High Court vide its order dated 28th January, 1997 treating it as a covered case in terms of judgment of this Court in Civil Writ Petition 6768/1996 (Nirmal Singh Vs. State of Punjab). However, a copy of the judgment was also directed to be forwarded to the Secretary, Irrigation Haryana for compliance for taking a policy decision in the matter in view of the law laid down by the Hon'ble Punjab & Haryana High Court.

(iv) SLP No. 10098/97 arising from the judgment and

Order dated 10.12.96 in CWP 6768/96 State of

Punjab Vs.

Nirmal Singh etc.'

The State of Punjab filed the SLP against the orders of the Hon'ble Punjab & Haryana High Court in CWP No. 6768 of 1996. The orders of the Hon'ble Supreme Court of India are reproduced as under:-

"We have heard the learned counsel for the parties.

In the light of the statutory scheme of Section 79(4) of Punjab Reorganisation Act, 1966 (hereinafter referred to as ‗the Act‘) and in the light of the Punjab Civil Service Rules (hereinafter referred to as ‗the Punjab Rules‘) especially Rule 2.21, Rule 10.2(a), Rule 6.19-C which is to be read with Rule 2.44 of the Punjab Rules it becomes clear that those erstwhile employees of the State of Punjab who had on the appointed date i.e. 1.11.66 stood statutorily transferred to the Bhakra Beas Management Board (hereinafter referred to as the Board) and who ultimately retired

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from the Board while serving in the Board will be governed by the impugned orders of the High Court and will have to be paid pension according to the last pay drawn by them at the time of the retirement from the Board. We make it clear that we confirm the decision of the High Court only to the aforesaid extent and as all the contesting respondents fall within this category of cases the special leave petitions are dismissed.

We make it clear that the learned counsel for the petitioners has made a clear statement that on 1.11.96 all the respondents were statutorily transferred to the Board & have retired from the Board. The decision of the High Court in their favour is being confirmed on that basis. The pension dues of the respondents as per the scheme of the Act will have to be paid by the State of Punjab and not by the Board which is merely a disbursing agency.

iv) CWP No. 5457/

2001 'Surjit Singh Vs. State of Punjab'.

The order of the Hon'ble Punjab & Haryana High Court dated 27.9.2001 in this case follows the judgment of the Hon'ble Apex Court and reads as under:-

"Learned counsel for respondent No. 3 concedes that the claim of the petitioners is squarely covered by the decision rendered by this court in Civil Writ Petition No. 6768/96 and that the order passed by this court in the aforesaid judgment has been upheld by the Apex Court, except petitioner No. 5, Ram Parkash. In so far as petitioner No. 5 is concerned it is submitted that petitioner No. 5 joined BBMB after 1.11.66 and therefore, he is not entitled to the relief claimed in the instant Writ Petition.

The instant petition is allowed viz. petitioner No. 1 to 4 and 6 to 11 in terms of the decision rendered by this Court in Civil Writ Petition 6768/96 ‗Nirmal Singh Vs. State of Punjab and others".

There may be a few more court cases that might have been decided of which mention is not being made on account of non-availability of specific details. The factual position as it emerges as under:- (a) Section 79(4) of the Punjab Reorganisation Act, 1966 is applicable in these cases which means that only such of the employees would be entitled to get their pension fixed on the basis of emoluments drawn by them in the BBMB at the time of their retirement/superannuation who stood statutorily transferred to the BBMB on the appointed date i.e. 1.11.66.

(b) Rule 10.21 of the CSR Vol. I, Part I, which has been relied upon by the Hon‘ble Punjab & Haryana High Court in the case of Nirmal Singh in CWP No. 6768/1996 as well as in the case of Roshan Lal Hira in Civil Writ Petition 9301/1996 is non-existent on the rule book i.e. CSR Vol. I, Part I, as applicable to the State of Haryana.

(c) Contents of pars 2.4 of the executive instructions dated 11.5.77 and the executive instructions dated 17.3.87 respectively have to be read in proper context as discussed hereinbefore. (iii) Decisions: Keeping the above in view, the Government of Haryana decides as under in respect of the employees covered under this category:

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(a) Pension of all those employees who statutorily stood transferred to the BBMB as on 1/11/1966 in terms of Section 79(4) of the Reorganisation Act and allocated to the State of Haryana should be fixed on the basis of emoluments drawn by them from the BBMB at the time of their retirement. (b) The employees who have been deputed to the BBMB by the Government of Haryana after the appointed date i.e. 1.11.66 are not entitled to get their pension fixed on the basis of emoluments drawn by them in the BBMB as held by the Division Bench of the Hon'ble Punjab & Haryana High Court in CWP No. 5457/2001 and their pension will be fixed in accordance with the provisions contained in Rule 6.19(C)(iii) & (iv) of CSR Vol. II as applicable to the State of Haryana. (c) The instructions issued by the Finance Department vide its letter bearing number 1/4/(13)/93-2FR-II dated 26.5.1997 are hereby withdrawn with immediate effect. (d) The cases decided so far, either pursuant to the court orders or in terms of executive instructions dated 26.5.1997, should not be re-opened. The above may kindly be noted for strict compliance by all concerned. Sd/- (Y. S. Malik) Commissioner & Special Secretary to Govt., Haryana, Finance Department. To

The Chief Secretary to Government of Haryana/All the Financial Commissioners & Principal Secretaries to Government of Haryana/ Administrative Secretaries to the Government of Haryana/Heads of Departments/Divisional Commissioners/ Deputy Commissioners/ SDOs (Civil) in the State of Haryana/Home Secretary, UT Administration, Chandigarh/Chairman, BBMB/Registrar, Punjab & Haryana High Court/ Accountant Generals (A&E) and (Audit), Haryana/Advocate General, Haryana, with five spare copies in each case for use in the subordinate offices.

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No. 2/1(2)90-3FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 21st August, 2002 Subject : Disbursement of Pay and Allowances/Pension for the month of August, 2002. Sir, I am directed to say that in view of the Gazetted holidays falling on the 30th, 31st August, 2002, and 1st September, 2002 on account of Janamashtami, Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the August, 2002 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of August, 2002 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries August be drawn and disbursed on the 29th August, 2002. Yours faithfully, Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 21st August, 2002. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 21st August, 2002.

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A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 21st August, 2002. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/ O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Principal Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/O.S.D./

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.

U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 21st August, 2002.

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Chander Singh, IAS D.O. No. 21/1/2002-3B&C

Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department, Chandigarh.

Dated 26th August, 2002 Subject : Draft Para titled as ―Financial Assistance to Local Bodies and Others‖ for

inclusion in the Report of the Comptroller and Auditor General of India for the year 2001-2002 (Civil) – Government of Haryana.

Dear,

The Accountant General (Audit), Haryana has prepared the enclosed draft para titled as ―Financial Assistance to Local Bodies and Others‖ for inclusion in the CAG of India Report 2001-2002 (Civil). The perusal of the draft para reveals that 1261 utilisation certificates for Rs. 487.21 crore pertaining to the period 1991-92 to 2000-2001 are in arrears, though as per financial rules, certificates of utilization are to be obtained by the departmental officers from the grantees and after verification these should be forwarded to the Accountant General, Haryana within 15 months from the date of sanction of the grants-in-aid. Similarly, another para is proposed to be included in the report saying interalia that accounts of as many as 99 Bodies/Authorities pertaining to the period from 1982-83 and 1986-87 to 2001-2002 have not been received by Accountant General, Haryana until July, 2002. Such type of para is added every year in the CAG Reports which indicates that no proper monitoring is being done at the level of Government to eliminate such financial irregularities.

2. I would request you kindly to look into the matter and arrange to finalize/submission of the pending utilization certificates and accounts to the Accountant General, Haryana at the earliest. Comments in the matter may be sent to the Accountant General (Audit), Haryana within the stipulated period of six weeks under intimation to the Finance Department. Needless to say, settlement of these paras at this stage will ensure that these paras do not figure in the next report of the CAG.

3. I will be obliged if the matter is accorded ‗Top Priority‘.

Encl.: As above Yours sincerely, Sd/- (Chander Singh) All concerned FCs & PSs/ Administrative Secys. No. 21/1/2002-3B&C Dated 26th August, 2002/3rd September, 2002

A copy is together with a copy of the Accountant General‘s (Audit), Haryana D.O. letter No. Report(Civil)/D.P.-53/2001-02/526, dated 8.8.2002 is forwarded to the Secretary, Haryana Vidhan Sabha, Chandigarh, for information. Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been Revised vide No. 16/40/2000-4WM, Dated 20.12.2002.

No. 16/40/2000-4WM From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the state All district & Sessions Judges in Haryana. Dated, Chandigarh, the 19th September, 2002. Subject : Grant of Advance for the purchase of Personal Computer to Government

employees - Admissibility Condition/Limit of Advance and Instalments of Recovery.

Sir, I am directed to address you on the subject noted above and to say that in view the prices of computer slashing down day by day and computer education having been started at school level, the State Government has, decided to revise the admissibility conditions and the limit of the personal computer advance to Haryana Government employees as under :-

Admissibility-condition Limit of advance and instalments of recovery

Government employees drawing pay of Rs. 7,500/- p.m. and above (including SP & NPA).

Rs. 50,000/- or the actual price of the computer, whichever is less, recoverable in not more than 100 equal monthly instalments.

2. All other conditions shall continue to be applicable as heretofore. 3. The decision contained in this circular letter shall take effect from the date of its issue. The revised limit of the advance shall be admissible to those employees also whose applications for this advance may be pending for sanction on the date of issue of this circular letter. But the cases already decided/sanctioned shall not be re-opened. 4. Instruction issued vide letter No. 16/1/98-WM(4) dated 2.9.2000 stand modified to this extent. Yours faithfully, Sd/- (G.S. Sorot) Joint Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 16/40/2000-4WM Dated, Chandigarh, the 19th Sept., 2002. A copy is forwarded to the Accountant General Haryana (A & E) and Audit), Chandigarh, for information. Sd/- (G.S. Sorot) Joint Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Copies are forwarded to :-

(i) The Financial Commissioner, Revenue Haryana and (ii) All Administrative Secretaries to Govt. Haryana, for information. Sd/- (G.S. Sorot) Joint Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

(i) The Financial Commissioner, Revenue and (ii) All Administrative Secretaries to Govt., Haryana.

Sd/- (G.S. Sorot) Joint Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. U.O. No. 16/40/2000-4WM Dated, Chandigarh, the 19th Sept., 2002. A copy is forwarded to the Principal Secretary/Additional Principal Secretary/Deputy Principal Secretary/Private Secretary to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary. Sd/- (G.S. Sorot) Joint Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

U.O. No 16/40/2000-4WM Dated, Chandigarh, the 19th Sept., 2002.

A copy is forwarded to the Managing Directors/Directors/Director Principal and Vice Chancellors of the Boards/Corporations/Universities and Medical Colleges in the State. Sd/- (G.S. Sorot) Joint Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been Revised vide No. 36/18/2002-WM(5), Dated 09.11.2004.

Most Immediate Date Bound No. 36/18/2002-5WM From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh. All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 20th September, 2002 Subject : Computerisation of Accounts of Long Term Advances like House Building

Advance, Motor Car Advance, Scooter Advance, Marriage Advance and Computer Advance.

Sir, I am directed to address you on the above subject and to say that AG office has decided to computerise the accounts of long term advances i.e. House Building Advance, Motor Car Advance, Scooter Advance, Marriage Advance and Computer Advance shortly for rendering computerised and reliable data to State Government. To ensure complete accuracy, it is essential that the sanctions of loans should include the information as per enclosed Annexure I. The recovery schedules of these loans/advances should be attached with the pay bill from October, 2002 as per Annexure-II. Meanwhile to start the job, the information as specified in Annexure-IIl is required separately for all the loanees of HBA, MCA, Computer and Marriage Advance latest by 15.10.02 positively. It is therefore, requested that complete information in the enclosed Annexures in respect of above loans and advances be supplied alongwith Pay Bill from the salary month of October, 2002, positively and additional information in Annexure-III be sent to AG office by 15th October, 2002. The above instructions may please be brought to the notice of all officers/officials working under your control. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (G.S.Sorot), Joint Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 36/18/2002-5WM Dated, Chandigarh, the 20th September, 2002. A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 36/18/2002-5WM Dated, Chandigarh, the 20th September, 2002. A copy each is forwarded to the following for information and necessary action :-

1. Secretary to Governor, Haryana. 2. All the Financial Commissioner & Administrative Secretaries, to Government

Haryana. 3. State Election Commissioner, Haryana. 4. Resident Commissioner, Government of Haryana, Haryana Bhawan, New

Delhi. 5. Hon'ble Speaker, Haryana Vidhan Sabha. 6. MDs. of Various Boards/Corpns. in Haryana (IAS Officers only). 7. Vice Chancellors of Universities and Directors of Medical Colleges in

Haryana State.

Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The Principal Secretary/Addl. Principal Secretary/Dy. Principal Secretary/ Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman Planning Board.

U.O. No. 36/18/2002-5WM Dated, Chandigarh, the 20th September, 2002.

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ANNEXURE - I

Sanction must incorporate the following information :

1. Name of sanctioning authority

2. Sanction No and Date

3. Name & Designation of loanee

4. GPF Account No. alongwith series

5. Nature of loan i.e. HBA, MCA, Ma, Computer, Interest etc.

6. Head of Account

7. Amt. of loan sanctioned

8. No. and rate of instalments.

9. Month from which recovery is to commence

10. Rate of interest

11. Rate of Penal interest

12. Name of DDO

Note : It must be mentioned clearly in the condition of sanction itself that the recovery of interest will be commenced immediately after the recovery of principal is completed.

ANNEXURE - ll

Schedule of Recovery of ______________ Advance

Head of Accounts : Major Head : Minor Head :

S.No. Employee Name &

Designation

GPF Account No.

Alongwith Series

Total amount drawn

Amount recovered upto previous month

installment No/Total

number of installments

Amount recovered in this bill

Balance Amount

1 2 3 4 8 6 7 8

Signature of the DDO

ANNEXURE - III

S. No.

Nature of loan i.e. HBA/

MBA/MA/ Computer/Intt.

Head of Account

Name of Sanctioning

Authority

Sanction No. date

Name and designation of loanee

GPF A/C no.

Amt. of loan Sanctioned

Vr. No. and date of amount

drawn

No. of Installments &

rate of Installment

Month of 1st

recovery

Amt. Recovered upto previous

month

Amt. Recovery

in this month

Balance Amount

Rate of Intt.

Rate of Penal

Intl

Name of DDO

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MOST IMMEDIATE

TOP PRIORITY

No. 20/1/2001-6B&C From Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana State. The Registrar, Punjab & Haryana High Court.

Dated, Chandigarh, the 25th September, 2002

Subject : Reconciliation of departmental figures of expenditure/receipts with those of Accountant General's office.

Sir, I am directed to address you on the above cited subject and to say that timely and prompt reconciliation of accounts with the office of Accountant General (A&E) is of primary importance in maintenance of Govt. accounts. The Finance Department has time and again, issued detailed instructions on the subject, but regrettably, as pointed out by the A.G.Haryana, most of the departments are not complying with these instructions.

2. It is in the interest of the departments to reconcile their receipts and expenditures with the Accountant General office so that, at all times, the DDOs and Heads of Departments. have an idea in relation to the budget allocations. This helps in avoidance of excess expenditure and proper booking of Govt. expenditure and receipts in the accounts of the Accountant General. Many a time, departmental officers have to face oral examination on account of excess over voted grants and improper surrenders, which is not an excess and surrender in the real sense but is reflected so in the books of Accountant General for lack of reconciliation. Timely reconciliation would help the departments in keeping their expenditures and receipts at the - budgeted level to the extent possible. In particular, excess expenditure over voted grants or less expenditure resulting in unwanted surrender/lapse of funds can be totally avoided. This would help in error free maintenance of State accounts and proper and efficient management of State finances at a broader level.

3. As per the instructions, reconciliation has to be completed by the 7th day of the second following month to which the accounts pertain. The departments are advised to stick to this schedule. To further strengthen the system, the following measures are being adopted to enforce the reconciliation of accounts :-

(i) The concerned Treasury Officers are being instructed to check the funds allotted under each grant. FOR THIS PURPOSE THE CONTROLLING OFFICERS SHOULD SUPPLY COPIES OF EACH GRANT TO the concerned Treasury Officers so that they may be able to check excess expenditure over the grant. Further they should also ensure to send voucher Nos. to DDOs in time so that they may send BM. 26 & 29 to concerned Heads of Departments/Administrative Secretaries.

(ii) Controlling Officers should ensure that the budget allocation is communicated to the Treasury Officers and to the subordinate officers immediately on approval of the budget.

(iii) Proper training on classification structure be imparted to staff responsible for drawl of bills.

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(iv) It is desired that the DDO should also indicate in each bill the total allotment, total expenditure and balance left for their office. The Treasury Officers have also been directed not to pass the bills without the above information.

(v) At the Headquarters level, each department should depute Resident Assistant to the Accountant General (A&E) office for conducting their reconciliation work regularly.

4. The responsibility of reconciliation of accounts lies primarily on the Heads of Departments. and the concerned DDOs, It is further re-iterated that in case of non reconciliation of accounts by the Heads of Departments, their subsequent bills will not be cleared by the treasuries. ln case reconciliation of a department is not up to date, Finance Department may also impose a cut on the allocations during the revised estimates and the budget estimates. All Heads of Departments and DDOs are, therefore, advised to pay due attention to reconciliation. The Department should also submit a monthly report to the Finance Department on reconciliation of accounts, specifically stating the month upto which the accounts have been reconciled. It is also made clear that if the Department fails to complete the reconciliation work 'in time a reference will be made to their respective Administrative Departments for taking disciplinary action against it.

Yours faithfully,

Sd/- Joint Secretary Finance(B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 20/1/2001-6B&C Dated : 25.9.2002

A copy is forwarded to the Accountant General Haryana, (A&E) Chandigarh with reference to his letter No. TM(C)Recon.-2002-03/934, dated 6.9.2002 for information. He may ask the Divisional Accountants posted in Works Departments to enforce Regular Reconciliation of Accounts. Sd/- Joint Secretary Finance(B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 20/1/2001-6B&C Dated : 25.9.2002

A copy is forwarded to all the Treasury Officers in Haryana State for strict compliance.

2. They must ensure that the bills are checked for the funds allotted under each grant. The full information i.e. total allotment, total expenditure and balance in each bill must be checked by them. They may also ensure that the due reconciliation work is completed in time before passing the bills. Sd/- Joint Secretary Finance(B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all Financial Commissioners and Administrative Secretaries to Government, Haryana, for information and necessary action.

Sd/- Joint Secretary Finance(B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To 1. All the Financial Commissioners & Principal Secretaries to Govt., Haryana. 2. All the Administrative Secretaries to Govt., Haryana. U.O. No. 20/1/2001-6B&C Dated : 25.9.2002 A copy is forwarded to all the Officers/Superintendents in the Finance Department (concerning with Expenditure Control Branches) for information and necessary action.

2. They are requested to keep in mind these instructions while examining the Revised Estimates and Budget Estimates of the departments concerned with them.

3. Strict compliance by the Departments may kindly be ensured. Sd/- Joint Secretary Finance(B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Officers/Superintendents in the Finance Department (Concerning with Expenditure control Branches). No. 20/1/2001-6B&C Dated : 25.9.2002.

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355

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Heads of Departments in Haryana State. Registrar, Punjab & Haryana High Court.

Memo No. 15/5/2001-3B&C

Dated 25th September, 2002

Subject : Financial irregularities - avoidance thereof.

Reference the subject noted above.

2. It has been observed by the Finance Department that, the following areas of Finance Department instructions and Financial Rules are not being fully complied with by various departments :-

1. The provisions/rules contained in Accounts Code and Budget Manual are not adhered to.

2. Some Departments are incurring expenditure without budget allocation. This has invited adverse criticism from the PAC.

3. DDO-wise budget allocation is not being done in all Departments.

4. Employees Unique Code No. has not been allotted by most of the departments so far. The departments do not maintain retirement profiles.

5. Reconciliation of receipts and expenditure is not being done by most of the departments with the monthly accounts supplied by AG, Haryana.

6. Personal ledger accounts are not properly maintained and updated. Personal Deposits under 8443-Civil Deposits-personal deposits are not closed on 31st March every year. In certain cases, even the AG has not been consulted before opening of PLAs.

7. Presently, CAOs/SAOs/AOs working in some departments are not involved in the budget framing exercise. They are also not members of Departmental Audit. Committees.

8. Replies of PAC/CPU paras and audit objections are not being submitted within the stipulated time, and large number of old Audit paras are pending in different Departments.

3. The above mentioned irregularities have been seriously viewed. As such, the Heads of Departments are required to ensure that these irregularities do not take place. Particularly the following should be ensured :-

1. All the budget work is routed through CAOs/SAOs/AOs posted in their departments.

2. DDO level budget allocation is done in the month of April every year.

3. The retirement profile is prepared and maintained every year.

4. Employee Unique Code Nos. of all the departments having less than 30000 employees is allotted before next budget. Rest Departments will complete their work thereafter.

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5. The AG Haryana has started providing floppies of Accounts Department-wise and CCO wise containing DDO wise/Sub-Head wise expenditure in details. The concerned CAOs/SAOs/AOs will scrutinise the floppies received from AG Office and reconcile it with AG Office and settle discrepancies. The departments should depute an official as Liaison Officer to collect the floppies from AG Office.

6. The CAOs/SAOs/AOs shall send a memo to Deputy Secretary Finance (B) after 7th of every month that they have reconciled the receipt and expenditure figures with AG office.

7. It will be ensured that no excess expenditure is incurred over and above the sanctioned budget this year. The budget should be framed correctly and on the realistic basis. If any amount is required this year over and above the sanctioned budget that can be carried over to the next year but in any case, excess expenditure is not to be incurred.

8. All transactions are done as per rules and regulations.

9. No advance drawl of funds is made unless payment is ripe to be made.

10. If anything contrary to the rules is occurring in any department in spite of their advice, the concerned CAOs/SAOs/AOs will write to the FD immediately.

11. It will be ensured that replies to CAG/PAC/CPU paras and audit objections are sent within the stipulated period through the concerned Administrative Secy. to the concerned quarters not by HODs or PSU itself.

12. The Detailed Contingent Bills of all AC bills are submitted to the AG, Haryana.

13. No PLA is opened without consultation with AG (A&E), Haryana. All PLAs of personal deposits are closed on 31st March every year and reopened with the permission of AG through FD if required next year. Plus & minus memos are submitted to the AG, Haryana. No amount under PLAs is retained irregularly. PLA accounts are properly maintained and operated. No receipt is retained under PLAs unauthorisedly.

4. It is also requested that the concerned CAOs/SAOs/AOs may also be associated in the Audit Committees. Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all the Administrative Secretaries to Govt. Haryana for information and necessary action. 2 It is requested that a circular may be sent to Heads of Departments authorising the CAOs./SAOs/AOs to inform FD about irregularities of the Department if any. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To All the Administrative Secretaries to Govt., Haryana. U.O. No. 15/5/2001-3B&C Dated 25th September, 2002 A copy is forwarded to the : -

(i) Director Treasuries & Accounts Department, Haryana.

(ii) Deputy Secretary Finance (RS) (in FA Branch).

for necessary action. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

(i) The Director, Treasuries & Accounts, Haryana.

(ii) The Deputy Secretary Finance (RS) (in FA Branch). U.O. 15/5/2001-3B&C Dated 25th September, 2002 No. 15/5/2001-3B&C Dated 25th September, 2002 A copy is forwarded to the following for information :-

(a) Accountant General (Audit), Haryana, Chandigarh.

(b) Accountant General (A&E), Haryana, Chandigarh.

(c) Secretary, Haryana Vidhan Sabha, Chandigarh. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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358

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

Office Memorandum

No. 1/1(46) 2002-1FR-I

Dated, the 1st October, 2002 Subject : Grant of advance increment(s) to Government employees for doing works of

exceptional merits - staying thereof. I am directed to refer to the clarification issued vide No. 1/1(46) 2002-1FR-I, dated 22.7.2002 regarding the subject mentioned above and to state that the operation of above said clarification is hereby stayed for the time being. Sd/- Superintendent FR-I, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. The Chief Secretary to Government of Haryana/All the Financial Commissioners

and Principal Secretaries/Administrative Secretaries to Government of Haryana/All Head of Departments/Divisional Commissioners/Deputy Commissioners/SDO (Civil) in Haryana/Registrar, Punjab and Haryana High Court/Member-Secretary, Haryana Bureau of Public Enterprises for further circulation to the MDs, Chief Executive Officers of PSIs in Haryana and Registrars of the Universities and other autonomous Bodies in the State.

Sd/- Superintendent FR-I, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have become obsolete.

No. 1/3/70/99-2FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners, Ambala, Gurgaon, Rohtak & Hisar Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 8th October, 2002 Subject : Implementation of Government's decision on Pension and Family Pension

related matters - Revision of pension of pre and post 1986 pensioners/family pensioners etc. - Extension of date of submission of application for revision of pension/family pension.

Sir, I am directed to invite your attention on the subject noted above and to say that last date for the submission of applications for the revision of pension/family pension of the Haryana Govt. employees was fixed upto 30.9.2001. Thereafter the State Govt. have been receiving representations from various quarters for extension of this date so as to enable some other pensioners/family pensioners to apply for revised pension. As this State Govt. is by and large following the Govt. of India in pensionary matters and the Govt. of India have extended the date for submission of application upto 31.12.2002, the State Govt. after due consideration have decided to extend the date of receipt of applications for pension/family pension upto 31.3.2003. Yours faithfully, Sd/- Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 1/3(42)-99-2FR-II From Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, All Divisional Commissioners, All Deputy Commissioners & Sub Divisional Officers(Civil) in Haryana. The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 10th October, 2002 Subject : Regarding grant of dearness Relief on family pension and extra ordinary

family pension. Sir, I am directed to invite a reference to Finance Department letter No. 1/3(42)99-2FR-II, dated 31.01.2001 on the subject noted above and to state that para 3(a) of said instructions is substituted as.-

"Where a State Government pensioner is also in receipt of family pension in addition to his service pension, from a source other than the Consolidated Fund of Haryana Government, e.g. family pension from any other State Government or Government of India or any Autonomous Body, the liability of dearness relief and/or any other relief on family pension will be borne by the concerned Government/Organization and not by the Haryana Government. If a pensioner is in receipt of both family pension and service pension from Haryana Government in such case the liability of dearness relief will be borne by Haryana Government. As regards calculation of dearness relief on both the pensions the same will be calculated separately as per rate(s) in force from time to time‖.

2. You are requested to bring these clarifications to the notice of the employees working under you. Sd/- (S.P.Gupta) Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 1/3(42)-99-2FR-II Dated, Chandigarh, the 10th October, 2002 A copy for information is forwarded to the following :-

1. The Accountant General, Haryana(i) A& E (ii) (Audit), Chandigarh. 2. The Home Secretary, Chandigarh Administration, Chandigarh.

Sd/- (S.P.Gupta) Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy for information and necessary action is forwarded to :-

(i) All the Financial Commissioners & Principal Secretaries in Haryana, and (ii) All the Commissioners &, Administrative Secretaries to Government, Haryana. Sd/- (S.P.Gupta) Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. All the Financial Commissioners & Principal Secretaries in Haryana. 2. All the Commissioners & Administrative Secretaries to Government, Haryana. U.O. No. 1/3(42)-99-2FR-II Dated, Chandigarh, the 10th October, 2002 A copy is forwarded to the PSCM/Addl. PSCM/DPSCM/OSD/Sr. Secretaries/ Secretaries/Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary, for the information of Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary. Sd/- (S.P.Gupta) Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The PSCM/Addl. PSCM/DPSCM/OSD/Sr. Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary.

U.O. No. 1/3(42)-99-2FR-II Dated, Chandigarh, the 10th October, 2002.

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HARYANA GOVERNMENT FINANCE DEPARTMENT

No. 1/4/36/02-2FR-II Dated, Chandigarh, the 10th October, 2002

Subject : Implementation of Government‘s decision on pension and family pension

related matters clarifications regarding NPA as on 1.1.1986 and 1.1.1996. The undersigned is directed to invite your attention to the subject noted above and to state that Haryana Government is following the principles adopted by Government of India for consolidation/revision of pension of its pensioners covered under the provisions of the Punjab Civil Service Rules, Volume II (as applicable to the State of Haryana) the principle has been laid down in the following O.M. issued by the Government of India. OM No. 45/3/99-P&PW(A) dated 29th October, 1999.

In conformity with clarification issued by the Government of India, the Governor of Haryana having decided to adopt the said clarification of October 29, 1999 in respect of the pensioners under Haryana Government, is pleased to order that NPA is not to be taken into consideration after refixation of pay on notional basis on 1.1.1986. It is also not to be added to the minimum of the revised scale of pay as on 1.1.1996 in case where consolidated pension/family pension is to be stepped up to 50% or 30% respectively in terms of notification No. 1/2(8)98-2FR-II (Part VIII) dated 7th January, 2002.

Sd/- Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

A copy is forwarded to all the Administrative Secretaries to Govt., Haryana, Heads of Departments/All Divisional Commissioners & Deputy Commissioners in Haryana/All SDOs (Civil) in Haryana/ Registrar Punjab & Haryana High Court Chandigarh/Accountant General (A&E) Haryana/All Treasury Officers in Haryana.

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No. 1/3(42)-99-2FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Divisional Commissioners, All Deputy Commissioners & Sub Divisional Officers(Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Date, Chandigarh, the 10th October, 2002 Subject : Regarding grant of Dearness Relief on family pension and extra ordinary

family pension. Sir, I am directed to invite a reference to Finance Department letter No. 1/3(42)99-2FR-II, dated 31.01.2001 on the subject noted above and to state that para 3(a) of said instructions is substituted as.-

"Where a State Government pensioner is also in receipt of family pension in addition to his service pension, from a source other than the Consolidated fund of Haryana Government, e.g. family pension from any other State Government or Government of India or any Autonomous Body, the liability of dearness relief and/or any other relief on family pension will be borne by the concerned Government/Organization and not by the Haryana Government. If a pensioner is in receipt of both family pension and service pension from Haryana Government in such case the liability of dearness relief will be borne by Haryana Government. As regards calculation of dearness relief on both the pensions the same will be calculated separately as per rate(s) in force from time to time‖.

2. You are requested to bring these clarifications to the notice of the employees working under you. Sd/- (S.P.Gupta) Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 36/2/2k2-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 10th October, 2002. Subject : Grant of interest free Festival Advance to Government employees during the

year 2002-2003. Sir, I am directed to address you on the subject noted above and to say that the State Government has decided to grant an interest free festival advance of Rs. 750/-(Rupees seven hundred fifty only) to all class IV Govt. employees in the State who apply for it 2. The advance will be admissible to permanent/temporary class N employees. The advance will also be admissible to adhoc employees who are continuing in service for the last one year and are likely to continue for another four months, after furnishing surety of a permanent Government employee. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would in the case of temporary employees allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanee before the close of the financial year 2002-2003. 3. The following conditions should also be observed in sanctioning this advance :- (i) the Drawing & Disbursing officer concerned, before sanctioning the advance

should satisfy himself that the incumbent will continue in service until fall recovery of the total amount of the advance is effected.

(ii) The advance will be recovered in four equal monthly instalments and the

entire advance should be recovered from the pay of the employees before the close of the financial year 2002-2003.

(iii) The advance may be drawn and disbursed on or before 4/11/2002. (iv) The advance will not be admissible to work charged & contingent paid staff

and daily wagers. (v) The advance should not be granted to those Class TV employees who are on

deputation to other Governments/Corporations and Local Bodies etc.

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(vi) If both husband & wife are employed, the advance should be allowed to one of them.

4. It is requested that the schedule of recoveries should be attached with each bill in the enclosed Performa-I. It is also requested that the detailed accounts of the recoveries of the advance should be maintained by the Drawing and Disbursing Officer which should be reconciled with the office of the Accountant General, Haryana (A&E) Chandigarh, every month. 5. The expenditure incurred on the grant of festival advance may be communicated to the Finance Department (in ways & Means Br.) by the Head of Departments by the end of December, 2002 in the enclosed Performa -II. 6. The expenditure may be debited to the Major Head "7610-Loans- to Government servants etc. 800-Other Advance(98) Festival Advances (50) Advances (Non-Plan). The recoveries made may be credited to the corresponding receipt head i.e. 7610-Loans to Governments servant etc.-800-Other Advances (98) Festival Advances (Receipt). Yours faithfully, Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 36/2/2k2-WM(6) Dated, Chandigarh, the 10th October, 2002. A copy is forwarded to the Accountant General, (A&E) and Audit Haryana Chandigarh for information and necessary action.

2. The expenditure will be debited against grant No. 25 under Major Head "7610-Loans to Government Servants-800 other Advances-(98) Festival Advances 50) Advances).

3. The detailed account of recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 36/2/2k2-WM(6) Dated, Chandigarh, the 10th October, 2002. A copy is forwarded to all Treasury Officers/Assistant Treasury Officers, Haryana with the request that the date given in the letter new please be strictly followed and no bill be passed after 4.11.2002. The payment made on the basis of the sanction issued by the department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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Copies are forwarded to :- 1. The Financial Commissioner Revenue, Haryana. 2. All the Administrative Secretaries to Government, Haryana, for information

and necessary action. Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. The Financial Commissioner Revenue, Haryana. 2. The Administrative Secretaries to Government Haryana. U.O. No. 36/2/2k2-WM(6) Dated, Chandigarh, the 10th October, 2002. A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Deputy Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R.Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The Principal Secretary/Add. Principal Secretary/Deputy Principal Secretary/ Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman Planning Board.

U.O. No. 36/2/2k2-WM(6) Dated, Chandigarh, the 10th October, 2002.

Contd… Encl.

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PROFORMA - I

SCHEDULE OF RECOVERIES

S. No. Name & Designation of employee(s)

Total amount of advance Rs.

Recoveries upto last month of Financial Year 2009-2010 Rs.

1 2 3 4

Amount of advance recovered in this bill Rs.

Total amount of recovered upto date Rs.

Balance Rs. Remarks

5 6 7 8

PROFORMA - II

Name of Department

Name of Office Drawing & Disbursing Officer

Amount of Festival advance granted to the employees Rs.

1 2 3 4

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No. 2/1/2/90-3FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 24th October, 2002 Subject : Disbursement of Pay and Allowances/Pension for the month of October, 2002. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st November, 2002 to 5th November, 2002 on account of Haryana Day, Saturday, Sunday, Diwali and Vishavkarma Day respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the October, 2002 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of October, 2002 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries October be drawn and disbursed on the 31st October, 2002. Yours faithfully, Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 24th October, 2002. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 24th October, 2002. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for

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Haryana State for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 24th October, 2002. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/ O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secretary.

Sd/- (S.P.GUPTA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/O.S.D./

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.

U.O. No. 2/1/2/90-3FR-II Dated, Chandigarh, the 24th October, 2002.

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370

No. 2/18/99-4PR(FD) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner, Ambala/Hisar Divisions, Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab and Haryana, High Court, Chandigarh. Dated, Chandigarh, the 6th November, 2002 Subject : Grant of ACP Scales Clarifications regarding.

Sir, I am directed to invite a reference to Memorandum Explanatory to the Haryana Civil Services (Assured Career Progression) Rules, 1998 with regard to Rule 18 ibid which reads as under :-

“The relevant period for the employees who have entered the Government service for the first time either as a direct recruit or by transfer shall be counted from the date he is so entered in the Government service.”

Some Departments have sought clarifications as to from which date the relevant period is to be reckoned in respect of the employees appointed to some other post subsequent to their first entry into Government service on regular basis. The matter has been considered in the Finance Department and observed that there are three modes of recruitment in the Government service i.e. (i) By way of Direct recruitment on regular basis; (ii) By way of promotion; and (iii) By way of transfer. Position of each one is clarified as per clarifications given in the enclosed Annexure. You are requested to please bring the contents of this letter to the notice of the employees working under your kind control for compliance in such like cases. Yours faithfully, Sd/- (Balwant Singh) Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. Endst. No. 2/18/99-4PR(FD) Dated, Chandigarh, the 6th November, 2002 A copy for information is forwarded to the following :-

1. The Accountant General (i) A & E (ii) Audit, Haryana, Chandigarh.

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2. The Home Secretary, Chandigarh Administration Chandigarh. Sd/- (Balwant Singh) Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :- (i) All the Financial Commissioner & Principal Secretaries to Govt. Haryana and (ii) All the Commissioners & Administrative Secretaries to Government, Haryana. Sd/- (Balwant Singh) Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Financial Commissioners & Principal Secretaries to Govt. Haryana.

All the Commissioners & Administrative Secretaries to Govt., Haryana. U.O. No. 2/18/99-4PR(FD) Dated, Chandigarh, the 6th November, 2002 A copy is forwarded to the PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/Private Secretaries to Chief Ministers/Minister/Ministers of State/Chief Parliamentary Secretary/ Parliamentary Secretary for information of the Chief Minister/Ministers/Minister of State/Chief Parliamentary Secretary and Parliamentary Secretary. Sd/- (Balwant Singh) Under Secretary Finance (PR), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To The PSCM/Addl. PSCM/OSD/Sr. Secretaries/Secretaries/

Private Secretaries to Chief Ministers/Minister/Ministers of State/ Chief Parliamentary Secretary.

U.O. No. 2/18/99-4PR(FD) Dated, Chandigarh, the 6th November, 2002. Contd… Encl.

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―Annexure to letter No. 2/18/99-4PR(FD) dt. 6th November, 2002.

Sr. No.

Issue raised Clarification Illustration

1. What will be the date from which the relevant period is to be reckoned in respect of an employee, initially appointed to a post and subsequently appointed to another post on his own merits by way of open competition through HPSC/ HSSC or any other recruitment agency approved by the competent authority?

In such cases, the last appointment on regular basis shall be treated as the date on which he has been appointed as ‗Direct recruited fresh entrant‘ within the meaning of Rule 3(b) of ACP Rules, 1998.

„A‟ was initially appointed as Steno-Typist through HSSC on 02.03.1973. Thereafter, he applied for a higher post and was appointed against the higher post, say as Jr. Scale Stenographer on 05.06.1978, through HSSC. His subsequent/latest appointment on the post of Jr. Scale Stenographer, is to be considered as 1st appointment for the purpose of ACP Rules. If on 31.12.95 he is drawing his pay in 1st Higher Standard Pay Scale his pay will directly be fixed in the 1st ACP Scale of Rs. 5000-7850 and he will be considered for 2nd ACP Scale of Rs. 5450-8000 w.e.f. 1.7.98 subject to admissible under the rules.

2. What will be the ‗relevant period‘ in the case of an appointment by promotion after a date from the date of his first entry into service?

The ‗relevant period‘ in the case of an appointment by promotion is to be reckoned from the date of his first entry into service.

'B' was appointed as Sub-Inspector, Food & Supplies on regular basis on 8.2.1978. He was promoted as Inspector Food & Supplies on 27.4.1987. On completion of 20 years regular satisfactory service he is to be granted 2nd ACP Scale corresponding to unrevised functional scale of Sub-Inspector as on 31.12.1995 on which he was appointed as a direct recruited fresh entrant.

What will be the ‗relevant period, in the case of an appointment by transfer?

The ‗relevant period‘ is to be reckoned from the date of his first entry into Haryana Government service. However his service in previous department shall not be counted towards seniority.

„C‟ an employee was initially appointed as Steno-Typist on a regular basis in the office of Director Land Records, Haryana. Later on he was appointed as Steno-Typist by transfer in L.R. office in the identical pay scale. 1st and 2nd ACP Scales will be admissible to him on completion of 10/20 years regular satisfactory service from the date of his first appointment as Steno-Typist in o/o Director Land Records, Haryana.

4 What will be the date from which the relevant period is to be reckoned in respect of employees of organizations other than Govt. Department appointed/absorbed in a Govt. Department?

The ‗relevant period‘ is to be counted from the date of his appointment in a Department of Haryana Government.

D‟ an employee of HSIDC, working as Research officer is appointed/absorbed as such in office of Director Secondary Education Haryana. The „relevant period‟ for the purpose of grant of 1st/2nd ACP Scale will be counted from the date of his appointment/absorption in the Education Department.

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373

These instructions have been modified partly vide No. 12/1/152/PE/FD/SA-2, dated 11.11.2004.

No. 12/1/152/PE/FD/SA-2 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments/ Commissioners Ambala, Hisar, Rohtak and Gurgaon Divisions, All Deputy Commissioners in Haryana. All the Managing Directors/Chief Executives/ Chief Administrators all Corporations/Companies/ Boards/Co-operative Institutions etc. in the State. Dated, Chandigarh, the 12th November, 2002 Subject : Grant of Bonus/Ex-gratia to the Employees of Public Sector Undertakings –

Policy regarding. Sir, I am directed to refer to this office circular letter No. 12/1/152/PE/FD/96/ SA-2, dated 24-10-2000 on the subject cited above and to say that matter regarding grant of Bonus/Ex-gratia and other incentives to employees of Public Sector Undertakings has been re-examined by the State Government and keeping in view revision of pay scales and financial constraints of Public Sector Undertakings/Public Enterprises, following decisions have been taken :- (1) Payment of Ex-gratis

The payment of Ex-gratia is discontinued forth-with. (2) Payment of Bonus

(i) The Board of Directors of the concerned Public Enterprise will be competent to sanction payment of bonus; wherever applicable, at the statutory rate of 8.33%.'

(ii) If the bonus is proposed to be paid above statutory rate of 8.33% , the concerned Public Enterprise will be required to send the case through Administrative Department for prior approval pf Finance Department.

(3) Short term incentives

Short term incentives to the employees of Co-operative Sugar Mills will continue as per earlier policy.

(4) Token Gifts

Token gifts upto Rs. 250 limit (Rupees Two Hundred Fifty only) per employee may be allowed on the occasion of Diwali by the Board of Directors of the Public Enterprise.

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These revised guidelines have the approval of Hon'ble C.M., Haryana. The receipt of this Communication may please be acknowledged. Yours faithfully, Sd/- Accounts Officer (PE) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners/Administrative Secretaries to Govt. Haryana for information and necessary action. Sd/- Accounts Officer (PE) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department To

All the Financial Commissioners/Administrative Secretaries to Govt. Haryana.

U.O. No. 12/1/152/PE (FD) 96/SA-2 Dated, Chandigarh, the 12th November, 2002. A copy is forwarded to Principal Secretary to Chief Minister, Haryana for kind information. Sd/- Accounts Officer (PE) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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375

These instructions have become obsolete.

MOST IMMEDIATE IMPORTANT No. 5/7/92-5B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Department, Haryana, Registrar, Punjab & Haryana High Court, Chandigarh, Managing Directors of all Boards and Corporations in Haryana. Dated, Chandigarh, the 13th November, 2002 Subject : Supply of information regarding surplus vehicles. Sir, I am directed to invite your attention towards the subject noted above and to say that the High Powered Purchase Committee in its meeting held on 12.10.02 has desired to have the detailed information of the surplus vehicles, if any, lying with various Departments/Boards/ Corporations. It is, therefore, requested that the number of vehicles along with their type/make and other details lying surplus with the departments/Boards/ Corporations (Proforma attached) be intimated to the Finance Department (in Budget & Committee Branch) immediately. Yours faithfully, Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to All Financial Commissioner & Principal Secys/Administrative Secretaries to Govt. Haryana for immediate necessary action. Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. All Financial Commissioner & Principal Secretaries to Govt., Haryana. 2. All Administrative Secretaries. to Govt., Haryana. U.O. No. 5/7/92-5 B&C Dated : 13th Nov., 2002

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A copy is forwarded to all Branch Officers/Supdts. in Finance Dept for information and necessary action. Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Branch Officers/Supdts. in the Finance Department. U.O. No. 5/7/92-5B&C Dated : 13th Nov., 2002.

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1. Sr. No.

PR

OF

OR

MA

2. Department

3.

Total No. of Vehicles

4.

Kind of Vehicles

5. Make

6. Regd. No.

7.

Whether Petrol/Diesel

8.

Kilometer covered

9. Remarks

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No. 2/1(2)90-3FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 20th November, 2002 Subject : Disbursement of Pay and Allowances/Pension for the month of November,

2002. Sir, I am directed to say that in view of the Gazetted holidays falling on the 30th November and 1st December, 2002 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the November, 2002 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of November, 2002 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 29th November, 2002.

Yours faithfully, Sd/- (S.R.MAURYA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th November, 2002. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (S.R.MAURYA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th November, 2002.

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A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (S.R.MAURYA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (S.R.MAURYA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th November, 2002. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary.

Sd/- (S.R.MAURYA) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/

Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th November, 2002.

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No. 2/157-WM(1)-2002 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments. All Commissioners of Divisions. The Registrar, Punjab & Haryana High Court, Chandigarh. All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana. All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 21st November, 2002 Subject : Supply of information regarding house building advance to Government

employees. Sir, I am directed to invite your attention to the subject cited above and to say that the Finance Department intends to prepare a data with regard to the recovery of house building advance sanctioned to Government employees of the various departments during last fifteen years. It is therefore, requested that information in the enclosed Proforma may please be supplied to the Finance Department (Ways & Means Branch) within a month. Yours faithfully, Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/157-WM(1)-2002 Dated, Chandigarh, the 21st November, 2002. A copy each is forwarded to the following for information and necessary action :-

1. Secretary to Governor, Haryana. 2. State Election Commissioner, Haryana. 3. Resident Commissioner, Government of Haryana, Haryana Bhawan,

New Delhi. 4. Secretary, Haryana Vidhan Sabha. 5. MDs. of Various Boards/Corpns. in Haryana (lAS Officers only). 6. Director Principal of P.B.D.S Medical College, Rohtak.

Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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INFORMATION REGARDING HOUSE BUILDING ADVANCE SANCTIONED TO THE HARYANA GOVERNMENT EMPLOYEES DURING THE LAST FIFTEEN YEARS.

Name of the Department ____________________________

Name of the employee

Amount of House Building

Advance sanctioned to the employee

Amount of House Building Advance

recovered

Balance recovery of House Building Advance, if any.

1 2 3 4

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No. 1/90/98-5PR(FD) From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner, Ambala/Hisar Divisions, Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab and Haryana, High Court, Chandigarh. Dated, Chandigarh, the 22nd November, 2002 Subject : Clarification regarding replacement of Selection Grade (Pre-revised) in the

Revised Pay Scales as prescribed under 1st Schedule Part-II of the notification dated 7.1.1998.

Sir, I am directed to invite your kind attention to the FD‘s instructions of even number dated 14.9.98 on the subject cited above and to say that it has come to the notice of the State Government that some of the departments are mis-interpreting these instructions and pay of some Government employees has been fixed in the higher pay scale(s) to which they are not entitled under the rules. 2. It is clarified that these instructions are not applicable in those cases where ACP scales have been provided for any post or cadre. These instructions are applicable only to such posts/cadre where selection grade was existing in the pre-revised pay scales at a definite percentage of posts and after stipulated years of regular satisfactory service. Under these instructions they would carry the selection grade also in the revised scales corresponding to the unrevised selection grade prescribed under 1st schedule part-II of Haryana Civil Services (Revised Pay) Rules 1998, if the same has not been sanctioned separately. 3. These instructions may kindly be brought to notice of the concerned officers/officials working under you, for strict compliance. Yours faithfully, Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 1/90/98-5PR(FD) Dated, Chandigarh, the 22nd November, 2002 A copy for information is forwarded to the following :- 1. The Accountant General, Haryana (i) A&E (ii) (Audit, Chandigarh) .

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2. The Home Secretary, Chandigarh Administration Chandigarh. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :- 1. All the Financial Commissioner & Principal Secretaries to Government, Haryana

and 2. All the Commissioners & Administrative Secretaries to Govt., Haryana. U.O. No. 1/90/98-5PR(FD) Dated, Chandigarh, the 22nd November, 2002 A copy is forwarded to the PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of the State and Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of the State and Chief Parliamentary Secretary.

U.O. No. 1/90/98-5PR(FD) Dated, Chandigarh, the 22nd November, 2002.

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No. 4/4(16)86-2FR-I From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of the Departments, All the Divisional Commissioners, Deputy Commissioners and SDOs (Civil) in Haryana, The Registrar, Punjab & Haryana High court, Chandigarh. Dated, Chandigarh, the 25th November, 2002 Subject : Appraisal report regarding deficiencies noticed in the inputs received from the

departments for the purpose of maintaining GPF accounts of the subscribers in the office of Accountant General, Haryana.

Sir, I am directed to refer to Finance Department's letter No. 4/4/(16)86-2FR-I, dated 5th July, 1995 on the subject cited above and to say that Accountant General, Haryana has again pointed out that the instructions issued vide Finance Department's letter referred to above are not being followed in true spirit by a large number of DDOs and the deficiencies listed in annexure A&B(enclosed) still continue to persist in the inputs i.e. GPF Schedules and final payment applications etc. 2. You are, therefore, requested again that the suitable instructions may be issued to all the Controlling Officers and DDOs under your control to ensure that these deficiencies are removed/avoided in future while preparing/ sending inputs to the office of Accountant General, Haryana and that the complete information/documents are furnished. 3. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 4/4(16)86-2FR-I, Dated, Chandigarh, the 25th Nov., 2002

A copy is forwarded to the Accountant General (A&E) Haryana, Chandigarh w.r.t. his letter No. Funds I/AS-9/2002-03/219, dated 26-8-2002 and No. Funds I/AS-9/2002-03/252, dated 18-9-2002 for information and necessary action. Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to :-

1. All the Financial Commissioners to Government, Haryana. 2. All Administrative Secretaries to Govt., Haryana for information.

Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

1. All the Financial Commissioners to Govt., Haryana. 2. All the Administrative Secretaries to Govt., Haryana.

U.O. No. 4/4(16)86-2FR-I, Dated, Chandigarh, the 25th Nov., 2002 A copy is forwarded to the Principal Secretary/Special Principal Secretary/Addl. Principal Secy./Dy. Principal Secy./O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary. Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The Principal Secretary/Special Principal Secretary/ Addl. Principal Secretary/Dy. Principal Secretary/O.S.D./ Senior Secretaries/Secretaries/Private Secretaries.

U.O. No. 4/4(16)86-2FR-I Dated, Chandigarh, the 25th Nov., 2002.

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ANNEXURE ‗A‘

Common deficiencies noticed in GPF Schedules. 1. Indication of wrong account Nos. or name of the subscribers in GPF Schedules.

2. Non-quoting of Account Nos. in the GPF schedules.

3. Non deletion of name of the subscribers from GPF schedules in respect of the persons transferred to other Drawing & Disbursing Officers.

4. Non-deletion of refund of advance from the GPF schedules in respect of cases where recovery of advance is completed.

5. Interchange of subscription from 'A: to '13' and 'B' to 'A".

6. Non preparation of GPF schedules with reference to deductions in pay Bills.

7. Difference in totals of GPF schedules.

8. Non-quoting of Basic Pay of the subscribers in GPF schedules.

9. Non-preparation of separate GPF schedules for MS Officers.

10. Non-indication of subscription of. AIS Officers as 'MS Provident Fund' in column Classification by A.G.' of Pay Bills.

11. Non-preparation of GPF schedules in ascending order of Account Nos.

12. Non-indication of old and new official , address in the schedules against account Nos./names of the subscribers transferred from one establishment to the other or new corners on transfer from other establishment.

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ANNEXURE ‗B‘ Information/documents to be furnished duly filled in the prescribed form for the GPF final Payment.

1. Name of the subscriber with designation, P.F. account No. held by him, Date of Retirement/Date of Death etc.

2. Last Fund Deduction, Details of advances/withdrawals during last 12 months of service.

3. List of family members (in death cases).

4. Name of the treasury from where the payment is desired.

5. Address of the subscriber/claimant.

6. Guardianship Certificate where the payment is to be made to minor children and there is no natural guardian alive.

7. Succession Certificate where no nomination subsists and the payment is to be made to the persons other than family members of the deceased subscriber.

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No. 2/21/2001-4PR(FD) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments, The Commissioner, Ambala Division, Sub Divisional Officers, The Registrar, Punjab & Haryana High Court and All District and Sessions Judges in Haryana.

Dated, Chandigarh, the 26th November, 2002

Subject : Clarification regarding fixation of pay in the circumstances when an employee forgoes his promotion prior to getting the ACP scale or while drawing pay in ACP scale etc.

Sir, I am directed to invite your attention to Haryana Civil Services (Assured Career Progression) Rules, 1998 introduced vide FD‘s Notification dated 7.1.1998 effective from 1.1.1996.

The objective behind the introduction of ACP Scheme is to grant financial upgradations to an employee if functional hierarchy does not permit him to rise in the hierarchy in normal course. When someone refuses to avail the opportunity of promotion coming his way in the normal course at any time in his service career, it clearly means that he is reluctant to shoulder higher responsibilities and he deserves no financial upgradations, indeed. Keeping this situation in view, Rule 11 was incorporated in the ACP Rules, 1998, which is reproduced as under :-

“11. Ceasing of entitlement of ACP Scales :- In case the Government employee choose to forego any functional promotion on any ground whatsoever, while drawing his pay in any ACP scale with reference to him, he shall cease to be entitled to draw his pay in the ACP scale and shall draw his pay in the functional pay scale prescribed for the post on which he is substantively working from the date of such forgo of promotion.”

2. Some departments have sought clarifications on various points with regard to the operation of above rule and the same are being clarified below :-

Sr. No.

Issues raised Clarification Illustration

1. How and in which scale the pay of an employee be fixed who was drawing his pay in the 1st/2nd Higher Standard Pay Scale on 31.12.1995 and forgoes his promotion or seeks reversion on or after 07.01.1998 while drawing his pay in the 1st/2nd

As is provided in Rule 11 of the ACP Rules, 1998, in case one foregoes his promotion, he shall cease to be entitled to draw his pay in the ACP scale and shall draw his pay in the functional Pay scale prescribed for the post on which he is working in substantive or officiating capacity. Keeping in view above, his pay in the revised functional scale of such post shall be fixed notionally from 01.01.1996 and actually from the date he

„A‟ was appointed as a Clerk on regular basis w.e.f. 10.6.1978 and was drawing pay Rs. 1225/- w.e.f. 1.6.1993 in the pay scale of 950-1500. When he was granted 1st Higher Standard Pay scale of Rs. 1200-2040 w.e.f. 1.1.1994 his pay was fixed as under :-

950-1500 1200-2040

1.6.93 1225 --

1.1.94 1225 1230

1.6.94 1250 1260

1.6.95 1275 1290

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Sr. No.

Issues raised Clarification Illustration

ACP Scale ?

foregoes his promotion or seeks reversion. For this purpose his actual pay as on date of option already exercised by him in the pay scale as on 31.12.1995 will be kept in view. The period spent in the ACP scale shall count towards increment in the functional pay scale of the post and no recoveries will be made for the period he has drawn his pay in the ACP Scale till before the date he foregoes his promotion or seeks reversion.

Date of next increment 1.6.1996 and so on.

On general revision of pay scales w.e.f. 1.1.1996, his pay under ACP Rules, 1998 was fixed in 1st ACP scale of Rs. 4000-6000 at the stage of Rs. 4100/- with the date of next increment on 1.6.1996. On 10.3.1998, when he was considered for promotion to the post of Accountant in the pay scale of Rs. 5000-7850, he refused the same. His pay, as per provision in Rule 11 of ACP Rules, 1998 would be fixed notionally from 1.1.1996 and actually from the date he refused the promotion. For this purpose his actual pay on 1.1.1996 in the pay scale as on 31.12.1995 is to be kept in view, and his pay in the revised functional scale of the post of Clerk would be as under :

950-1500 3050-4590 1.6.93 1225 1.6.94 1250 1.6.95 1275 1.1.96 (1275) 3950 (Notional) 1.6.96 4030 1.6.97 4110 10.3.98 4110 (Actual)

Date of next increment 1.6.98 and so on.

Further, if later on, he makes a request to accept the same and the same is permissible under the rules, in such case his pay will be fixed in the functional pay scale of promotional post under Rule 4.4 (c) (i) of Punjab Civil Services Rules, Volume I, Part I at the stage next above the pay actually drawn by him in the functional pay scale of the feeder post on the date of joining his duties of promotional post.

2. Whether any ACP scale will be admissible to an employee who has foregone his promotion before the publication of ACP Rules, 1998 (i.e. 07.01.1998) and has also completed 10/20

(a) Where promotion was forgone by the Government employees prior to 07.01.1998 while drawing their pay in Higher Standard Pay Scale a special onetime protection was allowed vide F.D. instructions issued on 3.4.1998 that their I/II Higher Standard Pay Scale granted prior to 07.01.1998 would not be disturbed. Under these

(a) “B” was appointed as Clerk on 13.07.1973 on regular basis. He was promoted to the post of Assistant in the year 1990 but the same was foregone by him, therefore, on completion of more than 20 years regular satisfactory service on a post of Group - C, he was placed in the 1st Higher Standard Pay Scale of 1200-2040 on 01.01.1994, as per provision in para 23 of F.D. clarifications dt. 29.12.1995 and his pay

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Sr. No.

Issues raised Clarification Illustration

years of regular satisfactory service prior to 07.01.1998, in the following circumstances :- (a) if he was drawing his pay in 1st Higher Standard Pay Scale on 31.12.95 on completion of more than 20 years regular satisfactory service in terms of clarification 29.12.95 item no. 23? (b) if on completion of more than 10 years regular satisfactory service on a post of Group C or D an employee was not granted any Higher Standard Pay Scale due to foregoing promotion and he is drawing his pay in functional scale on 31.12.95, in which scale his pay will be fixed on or after 01.01.1996? (c) if he was drawing pay in functional scale on 31.12.95 and on completion of 10 years regular satisfactory service between 01.01.1996 and 07.01.1998, he was not granted the benefit of Higher Standard Pay Scale due to seeking reversion to lower post prior to completion of 10

instructions they were to be switched over to the appropriate ACP Scale strictly in accordance with ACP Rules, 1998. Therefore, as per provision in the above said instructions the pay of such Government employees who were drawing pay in 1st Higher Standard Pay Scale is to be fixed in the appropriate ACP Scale admissible to them under the rules and promotion already foregone by them prior to 07.01.1998 will be ignored. (b) An employee who on completion of more than 10 years regular satisfactory service on a post of group C or D was drawing pay in functional scale on 31.12.1995 due to seeking reversion or foregoing promotion during this period his pay will be fixed in the corresponding revised functional scale under Revised Pay Rules, 1998. (c) In this case the pay will initially be fixed in the revised functional scale from 1.1.1996 (or from the date of option) and thereafter his name will be considered by the competent authority for the grant of appropriate ACP Scale from the next month in which he completes 10 years regular satisfactory service.

was fixed as under :-

950-1500 1200-2040 1.4.93 1475 -- 1.1.94 1475 1480 1.4.94 1500 1520 1.4.95 1525 1560 Date of next increment 1.4.96 and so on.

As the promotion was forgone by him prior to the publication of ACP Rules, 1998, further on 31.12.1995 he was drawing his pay in the 1st Higher Standard Pay Scale, therefore, his pay will directly be fixed in the 1st ACP Scale admissible to him under the rules. (b) “X” was appointed as Steno-typist on 19.06.1982 on regular basis. Before completion of 10 years of regular satisfactory service he was promoted to the post of Jr. Scale Steno on 15.10.1990 but the same was foregone by him as a result of which as per provision in Para 4 of F.D. instructions dated 08.02.1994 he was not granted any benefit of Higher Standard Pay Scale on 01.01.1994. On 01.01.1996 he was drawing his pay Rs. 1175+ 100 Spl. Pay in the functional pay scale of Steno-typist. Under Revised Pay Rules, 1998 his pay will be fixed in the corresponding revised pay scale of 3050-4590 + 100 spl. pay at the stage of 3650+ 100 spl. pay. (c) “Y” was appointed as Clerk w.e.f. 10.04.1987. He was promoted as Junior Auditor w.e.f. 13.10.1996 in the scale of 1400-2600 but the sought reversion to the post of Clerk on 20.12.1996. On 31.12.1995 he was drawing his pay in the functional pay scale, therefore, on revision of pay scale his pay will initially be fixed in the corresponding revised pay scale of Clerk of 3050-4590 and thereafter necessary order for grant of appropriate ACP Scale of 4000-6000 if admissible under the rules will be issued from 01.05.1997 i.e. from the next month in which he completed 10 years regular satisfactory service on the post of first

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Sr. No.

Issues raised Clarification Illustration

years service?

entry of Clerk, and his pay will be fixed at the stage of 4000 in the ACP scale of 4000-6000 with the date of next increment on 01.05.1998.

3. How and in which scale, the pay of an employee will be fixed when one foregoes his promotion prior to the admissibility of 1st/2nd ACP Scale ?

It is clarified in the Explanatory memorandum to ACP Rule 11 that the benefit under these rules is not granted as a matter of right, rather it is granted as a consequence of non-availability of posts in the hierarchy to be promoted against. As such, if someone gets an opportunity of promotion in the hierarchy but he refuses to avail the same, in such type of cases, no ACP scale is to be granted, and he will continue to draw his pay in the functional pay scale of the post.

“Z” was appointed as Sub-Inspector, Food & Supplies Department on 8.7.89. His turn for promotion to the post of Inspector came on 10.05.1998. He chooses to forego the promotion. As a result, he will not be entitled to any ACP scale on completion of 10/20 years regular satisfactory service and he will continue to draw his pay in the functional pay scale prescribed for the post of Sub-Inspector.

3. You are requested to please bring these clarifications to the notice of the officials working in your organization. Yours faithfully,

Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 2/21/2001-4PR(FD) Dated, Chandigarh, the 26th November, 2002 A copy for information is forwarded to the following :-

1. The Accountant General Haryana (i) A&E (ii) (Audit), Chandigarh. 2. The Home Secretary, Chandigarh Administration, Chandigarh.

Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

(i) All the Commissioner & Principal Secretaries in Haryana and (ii) All the Commissioners & Administrative Secretaries to Government, Haryana.

Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To 1. All the Financial Commissioner & Principal Secretaries to Govt. Haryana. 2. All the Commissioners & Administrative Secretaries to Government, Haryana. U.O. No. 2/21/2001-4PR(FD) Dated, Chandigarh, the 26th November, 2002 A copy is forwarded to the PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of the State and Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/ Private Secretaries to Chief Minister/Ministers/Ministers of the State and Chief Parliamentary Secretary.

U.O. No. 2/21/2001-4PR(FD) Dated, Chandigarh, the 26th November, 2002.

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MOST IMPORTANT Subject : Instructions regarding submission of replies of various pending paras of

CAG/PAC/COPU Reports and Draft Paras. Will the Financial Commissioners and Principal Secretaries/Administrative Secretaries to Government, Haryana, kindly refer to the subject noted above ? 2. The delay occurring in submission of replies of various paras of CAG/PAC/COPU Reports and Draft Paras is attracting the attention of the Government for quite some time. Despite issue of clear instructions on the subject by the Finance Department, from time and again, vide following letters, the requisite remedial/corrective measures are not being adopted by various departments :- (a) U.O. No. 669-3B&C-77/6546 dated 10th March, 1977.

(b) U.O. No. 15/37/82-3B&C dated 7.4.1983.

(c) U.O. No. 22/1/85-3B&C dated 27.9.1985.

(d) U.O. No. 22/1/90-2B&C dated 17.1.1992.

(e) U.O. No. 18/2/92-3B&C dated 27.10.1995.

(f) U.O. No. 18/2/92-3B&C dated 23.10.98.

(g) U.O. No. 21/1/97-3B&C dated 21.6.2000.

(h) U.O. No. 21/2/97-3B&C dated 12.10.2000.

(i) U.O. No. 15/1/2001-3B&C dated 16.2.2001.

(j) U.O. No. 18/1/2001-3B&C dated 23.5.2001.

(k) D.O. No. 18/3/98-3B&C dated 5.7.2001.

(l) U.O. No. 15/48/99-3B&C dated 30.7.2001

(m) D.O. No. 15/1/2001-3B&C dated 14.2.2002.

(n) U.O. No. 18/3/98-3B&C dated 28.3.2002.

(o) U.O. No. 15/6/2002-3B&C dated 28.3.2002

(p) D.O. No. 21/1/2002-3B&C dated 23.7.2002

(q) U.O. No. 15/9/99-3B&C dated 31.7.2002.

(r) D.O. No. 21/1/2002-3B&C dated 26.8.2002.

(s) D.O. No. 21/1/2002-3B&C dated 27.8.2002.

(t) U.O. No. 15/5/2001-3B&C dated 25.9.2002. 3. Non-compliance of these instructions is only helping to further pile up of the arrears of the recommendations/paras of PAC/COPU/CAG Reports. It also hampers the work of PAC/COPU and also causes unnecessary embarrassment to the Government. As such the following points are reiterated for strict compliance :- (a) To ensure furnishing of Action Taken Notes on the Paras of CAG Reports/

PAC & COPU Reports/recommendations and replies in respect of matters relating to Audit within the prescribed time limit, an Officer of the rank of Under Secretary or above was to be appointed Nodal Officer by each department as per FD.'s letter No. 18/2/92-3B&C dated 27.10.1995. If Nodal Officer has not yet been appointed, the same may now be appointed and the information in respect of their names, posts/designation, telephone numbers etc. be intimated to Haryana Vidhan Sabha, Accountant General (Audit) and Finance Department. In case of transfer of Nodal Officer, his charge be got handed over and the information thereof be also conveyed to the concerned

394

authorities. The Nodal Officers will be held responsible to get the replies sent within prescribed time limit in respect of all Audit matters and in their default action would be initiated against them.

(b) To ensure compliance of recommendations of PAC/COPU, replies to paras

included in the reports of CAG of India and other matters relating to Audit within prescribed time limit, constant monitoring be done and proper record be kept by maintaining registers at the level of Administrative Departments as well as Heads of Departments and subordinate offices.

(c) Regular meetings of Monitoring Committees constituted vide Finance

Department letter No. 18/2/92-3B&C dated 23.10.1998 should be held on monthly basis and progress made regarding pending paras of CAG/ PAC/COPU. Reports be invariably sent to the Secretary, Haryana Vidhan Sabha, Accountant General (Audit), Haryana and Finance Department.

(d) Action should be initiated right from the day of evidence as per assurance

given to fie PAC/COPU by concerned Administrative Secretaries at the time of their Oral Examination and the required action should not be kept pending for want of PAC/COPU Report.

(e) As soon as the cases/irregularities come into the. notice of the

Departments/Government through Inspection Reports/draft paras made by AG/CAG of India or through any other investigation, the required action should be initiated by fixing responsibility so that defaulting officers/officials may not get free because of their superannuation. If timely action is not taken, stern action by fixing responsibility would be taken against the officers responsible for delay.

(f) It should be ensured that the Controlling Officers of all Departments are

reconciling the figures of income/receipt and expenditure with the Accountant General within prescribed time limit as per the instructions issued vide FD's letter No. 20/1/2001-6B&C dated 25.9.2002.

(g) The meetings of the Audit Committees as constituted vide FD's No. 22/1/85-2B&C dated 27.9.85 and reiterated from time to time must be held on quarterly basis regularly for reviewing the progress of the settlement of audit objections/audit paras and to monitor the pace of work in this behalf.

(h) Regular progress reports be sent to the Finance Department on quarterly basis regarding action taken by them towards settlement of audit objections/ paras in the prescribed Proforma as per instructions issued vide FD's letter No. 22/1/90-2B&C dated 17th January, 1992. Utmost efforts be made to settle the audit objections/audit paras quickly.

(i) As per D.O. letter No. PAC-24/2001/1136, dated 22nd January, 2002 received from the Chairperson of the PAC, copy sent vide Ex FCPSF's D.O. letter No. 15/1/2001-3B&C dated 14th February, 2002 indicating pendency of 619 recommendations awaiting final implementation/settlement, the PAC has taken a serious view of such a huge pendency relating to the period as back as 1974. These certainly need early finalization/settlement.

(j) Regular Quarterly Progress Reports in the prescribed proforma in respect of the pending paras of PAC/COPU Reports be sent to the Finance Department

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(20 copies). It should also be ensured that these quarterly progress reports are sent from the level of the Administrative Departments.

(k) As per instructions issued vide FD‘s letter No. 18/2/92-3B&C dated

27.10.1995, the replies to pending paras of various CAG Reports (Civil/Revenue Receipts/Commercial) be sent to the Secretary, Haryana Vidhan Sabha, Accountant General (Audit), Haryana and Finance Department within a stipulated period of 3 months in the prescribed Proforma. List of pending paras of CAG Reports for the years 1997-98 to 2000-2001 is enclosed which reveals that the instructions have not been adhered to meticulously by the concerned departments. It is again reiterated that the replies of all the pending paras of CAG Reports be sent within a period of two months positively. In case of any difficulty/delay, the Secretary, Haryana Vidhan Sabha, Accountant General (Audit) and the Finance Department invariably be informed indicating the detailed reasons for the lapse/delay.

(l) Proforma for sending the replies to CAG Reports and Quarterly Progress Reports on PAC recommendations are enclosed for correct use by all concerned.

(m) Replies of all the Draft Paras are required to be sent to the Accountant General (Audit), Haryana within a stipulated period of six weeks by the Administrative Department itself not by any subordinate office as per the instructions contained in the Finance Department letter No. 21/2/97-3B&C dated 21.6.2000. This point may kindly be noted for strict compliance.

(n) Cases of misappropriation, defalcation etc. brought to the notice of the Departments by Accountant General, Haryana, must be investigated and decided quickly and all out efforts be made to avoid recurrence of such financial irregularities in future.

(o) DDO wise budget allocation must be made and conveyed to the Accountant General, Haryana and the Treasury Officers in the month of April every year. No expenditure be incurred without budget provision in any case. Treasury Officers may also pay proper attention and be more vigilant towards this aspect.

(p) Evidence/examination by the PAC should not be got postponed in any circumstance. The Administrative Secretaries are requested to attend the meetings as and when desired by the PAC/COPU/Estimates Committees. They should present themselves before these privileged Committees with full preparation of the concerning paras/matter. Attention is also invited to Chief Secy.'s letters Nos. 51/3/98-7SII dated 23.6.1998 and 49/1/97Pol(4P) dated 27.10.1998 for strict compliance.

(q) Outstanding utilisation certificates, Detailed Contingent Bills of Abstract Contingent Bills and annual accounts must be finalized and sent to Accountant General, Haryana, within stipulated time.

(r) The funds of Centrally Sponsored Schemes should not be diverted to other schemes and must be utilized within stipulated period.

(s) Clear title must be ensured before the commencement of any work/project so that the work may not be abandoned or left incomplete after incurring some expenditure.

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(t) The material being sent to the PAC/COPU/Estimates Committee should be neat, clear and legible without any grammatical/spelling mistakes. Hindi and English version both should be sent. The material should be sent in tune and not on the eleventh hour.

(u) instructions regarding excess expenditure/rushing of purchases at the end of

year/reconciliation of expenditure accounts/defective budgeting/inevitable payments issued vide FD's U.O. No. 15/48/99-3B&C dated 30.7.2001 need to be strictly adhered to.

4. It is reiterated/requested that these instructions may kindly be adhered to meticulously by all the departments. Needless to say that the timely action will always present the good image of the Government and help in early finalization of cases.

Sd/- Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners and Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 18/13/2002-3B&C Dated, 26th November, 2002. No. 18/13/2002-3B&C. Dated, 26th November, 2002 A copy is forwarded to the :- 1. All the Heads of Departments in Haryana State. 2. Registrar, Punjab and Haryana High Court. Sd/- Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 18/13/2002-3B&C Dated, 26th November, 2002.

A copy is forwarded to the :-

1. The Secretary, Haryana Vidhan Sabha, Chandigarh. 2. The Accountant General (Audit) and (A&E), Haryana. Sd/- Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 18/13/2002-3B&C. Dated, 26th November, 2002. A copy is forwarded to all the Treasury Officers for necessary action. Sd/- Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to all the Branch Officers/Superintendents in the Finance Department for necessary action. Sd/- Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

All the Branch Officers/Superintendents in the Finance Department.

U.O. No. 18/13/2002-3B&C Dated, 26th November, 2002. Contd… Encl.

398

Details of Pending Paras of Various PAC Reports - Position as on 14.11.2002.

Forest

1997-98 (RR) 1.10

1997-98 (C) 3.12 & 6.1(C)

1998-99(RR) 1.8, 1.9, 5.9 & 5.10

1998-99(C) 3.3,3.17,3.18 & 6.1(C)

1999-2000(RR) 1.7, 1.8, 5.1, 5.5, 5.6, 5.7, 5.8, 5.9, & 5.10

1999-2000(C) 3.12, 3.14 & 6.1(C)

2000-2001(RR) 1.8 & 5.7

2000-2001(C) 3.17 & 3.18

Irrigation

1997-98(C) 4.6, 4.7 & 4.10

1998-99(RR) 1.8, 1.9 & 5.4

1998-99(C) 2.3.3(a) & (b), 2.3.4(a), 2.3.6, 2.3.7, 2.3.8, 2.3.9(a) & (b), 3.17, 4.3, 4.5, 4.6, 4.7 & 6.1(b)

1999-2000(RR) 1.7, 1.8, 1.10, 5.1, & 5.12

1999-2000(C) 3.12, 4.1,6.1(b) (including (CADA) & 6.1(d))

2000-2001(RR) 1.8 & 5.6

2000-2001(C) 3.17, 4.1,4.5, 4.7, 6.2(b) & 6.2(d)

Revenue

1997-98(RR) 4.1 & 4.2

1998-99(RR) 1.8, 1.9, 3.1 & 3.2

1998-99(C) 2.3.4(a), 3.13, 3.14, 3.17 & 6.1(b)

1999-2000(RR) 1.8, 1.9, 1.10 & 3.1 to 3.5

1999-2000(C) 1.8.4, 3.14 & 6.1(b)

2000-2001(RR) 1, 8, 3.1 to 3.6

2000-2001(C) 3.13, 3.14, 3.18 & 6.2(b)

Housing

1996-97(C) 3.14 & 6.8

1997-98(C) 6.1(b)

1998-99(C) 6.1(b) & 6.1(c)

1999-2000(C) 3.14,6.1(b) & 6.1(c)

B&R

1998-99(C) 2,3.4(a) & (b), 2.3.7, 2.3.8, 2.3.9(b), 3.17 & 4.7

1999-2000(RR) 1.7, 1.8, 1.9, 1.10, 5.1, 5.12 & 5.13

399

1999-2000(C) 3.12, 3.14 & 4.2

2000-2001 (C) 3.17, 4.3 & 4.4

2000-2001 (RR) 1.8

Excise and Taxation

2000-2001(RR) 1.4, 1.6, 1.8 & 2.1 to 2.8

Transport

1998-99(RR) 1.5, 1.6, 1.7 & 1.8

1999-2000(RR) 1.4, 1.7, 1.8, 1.9, 1.10, 4.1, & 4.2

2000-2001(RR) 1.8, 4.4, 4.5, 4.6 & 4.7

2000-2001(C) 3.17, 7.1 & 7.2

Urban Development (Local Govt.)

1998-99(C) 6.1(b)

1999-2000(C) 6.1(b) (Sh. B. Temple Jind) 6.1(d) & 6.3

2000-2001(C) 6.2(b), 6.2(d), 6.2(e) & 6.18

Lotteries Department

1997-98(RR) 1.9

1998-99(RR) 1.8

1999-2000(RR) 1.7, 1.8, 1.9, 1.10, 5.1, 5.2, 5.3 & 5.4

2002-2001(RR) 1.8

Cooperation Department

1998-99(RR) 1.5, 1.8, 1.9,5.5,5.6 & 5.7

1998-99(C) 2.3.6

1999-2000(RR) 1.4, 1.8, 1.9, 1.10, 5.1, 5.14 & 5.15

1999-2000(C) 3.5

2000-2001(RR) 1.8, 5.3, 5.4 & 5.5

2000-2001(C) 3.5

Home

1997-98(RR) 1.9, 1.10, 5.1 & 5.7

1998-99(C) 2.3.3(a) & (b), 2.3.7 & 3.17

1999-2000(RR) 1.4, 1,7, 1.8, 1.9, 1.10, 5.1 & 5.11

1999-2000(C) 3.9, 3.10 & 3.12

2000-2001(RR) 1.4 & 5.2

Education

1998-99(C) 2.3.4(a), 2.3.6, 2.3.8, 3.2, 3.18 & 6.2

1999-2000(C) 3.1(a) & (b), 3.13 & 3.14

400

Art & Culture

1997-98(C) 6.1(b)

1998-99(C) 6.1(b)

1999-2000(C) 6.1(b)

2000-2001(C) 6.2(b)

Agriculture

1997-98(C) 6.1(c), 6.1(d) & 6.3

1998-99(C) 6.1(C) & 6.8

1999-2000(RR) 1.4, 1.7, 1.8, 1.9, 1.10, 4.1, 4.5 & 4.6

1999-2000(C) 3.14, 6.1(C) & 6.4

2000-2001(RR) 1.4, 1.8, 4.2 & 4.3

2000-2001(C) 3.17, 6.2(b), 6.2(c), 6.2(e), 6.3, 6.4, 6.5, 6.6, 6.7 & 7.2

Animal Husbandry

1997-98(C) 2.3 & 6.1(d)

1998-99(C) 1.8.4

1999-2000(RR) 1.4 & 1.6

1999-2000(C) 3.8

2000-2001(RR) 1.4 & 1.8

2000-2001(C) 1.8.4, 3.3, 3.4, 3.18, 6.2(b) & 7.2

Industries

1999-2000(RR) 1.8

1999-2000(C) 3.12

2000-2001 (C) 6.2(b)

2000-2001(RR) 1.8

Urban Development Town & Country Planning Department

1998-99(C) 3.17

2000-2001(C) 3.16, 6.2(c), 6.12, 6.13, 6.14, 6.15 & 6.16

Food & Supplies

1999-2000(C) 7.2

1999-2000(RR) 1.8

2000-2001 (C) 7.3 & 7.4

Public Health

1997-98(RR) 1.9, 1.10, 5.1 & 5.6

1997-98(C) 3.12 & 6.1(b)

1998-99(C) 2.3.4(a) & (b), 2.3.6, 2.3.7, 2.3.8, 3.17, 4.7 & 6.1(b)

401

1999-2000(C) 3.12, 3.14, 6.1(b) & 6.1(d)

1999-2000(RR) 1.8 & 1.9

2000-2001(C) 3.17, 4.2, 4.8, 4.9, 4, 10, 4.11, 6.2(b) & 6.2(d)

2000-2001(RR) 1.8

Mines & Geology

1998-99(RR) 1.5, 1.8, 1.9 & 5.2

1998-99(C) 3.17

1999-2000(C) 1.4

1999-2000(RR) 1.8, 1.9 & 1.10

2000-2001(RR) 1.4 & 1.8

2000-2001(C) 3.17

T & A

1999-2000(C) 1.8.4 & 3.12

2000-2001(C) 1.8A

Lab. & Emp.

1999-2000(C) 3.12

2000-2001(C) 6.2(C)

Health

1998-99(C) 1.8.4

1999-2000(C) 3.8

2000-2001(C) 3.1, 3.18 & 6.2(b)

Panchayats

1997-99(C) 3.17

1999-2000(C) 3.8, 3.12 & 6.1(b)

2000-2001(C) 6.2(b)

I.T.I.

1999-2000(C) 1.8.4 & 3.8

S & T

1997-98(C) 6.1(b)

1998-99(C) 6.1(b)

1999-2000(C) 6.1(b)

2000-2001 (C) 6.2(b)

Pb. & Haryana High Court

1997-98(C) 2.3

402

CS

1999-2000(C) 6.1(d) (Rajya Sainik Centre)

2000-2001(C) 6.2(d) (Rajya Sainik Vocal Training Centre)

Social Welfare

1999-2000(C) 3.12

Environment

1998-99(RR) 1.9

1999-2000(C) 6.1 (b)

1999-2000(RR) 1.8

2000-2001(C) 6.2(b)

2000-2001(RR) 1.8

Public Relations

1999-2000(C) 1.8.4

Horticulture

1999-2000(RR) 1.8

2000-2001(C) 1.8.4

CEl/Power

2000-2001(RR) 1.4 & 1.8

Architecture

2000-2001(C) 3.2

WCD

2000-2001(C) 6.2(d) & 6.2(c)

Jails

2000-2001(C) 3.9, 3.10 & 3.11

Social Justice & Empowerment

2000-2001(C) 6.2(b) & 6.2(e)

Sports

2000-2001(C) 6.2(c)

Non. Con. Energy Sources

2000-2001(C) 6.2(b)

Power

2000-2001(C) 6.2(c)

Legal Service

2000-2001(C) 6.2(c)

Civil Aviation

2000-2001(C) 1.8.4

403

PROFORMA for CAG Reports I. (a) Department

(b) Subject/Title of the Review/Paragraph

(c) Paragraph No.

(d) Report No. and year. II. (a) Date of receipt of the Draft Paragraph/Review in the Department.

(b) Date of Department's reply. III. Gist of Paragraph/Review IV. (a) Do the Department agree with the facts and figures included in the

Paragraph?

(b) If not, please indicate the areas of disagreement and also attach documents in support.

V. (a) Main Audit Conclusions :

(1) Deficiency in the existing system including system of internal control.

(2) Failure to follow the systems and procedure.

(3) Failure of individuals.

(4) Amount of loss/short assessment/short levy.

(b) Do the department agree with the Audit conclusions? if not, please indicate specific areas of disagreement, reasons for disagreement and also attach complies of relevant documents, where necessary.

VI. Remedial action taken :

(i) Improvement in system and procedure including internal controls.

(ii) Recovery of over payment pointed out by Audit.

(iii) Recovery of under assessment, short levy or other dues.

(iv) Write off of amount of losses/wasteful expenditure/irrecoverable amount.

(v) Modifications in the scheme including financing pattern.

(vi) Review of similar cases/complete scheme/project in the light of finding of sample check by Audit.

PROFORMA for PAC Reports

Quarterly progress report showing Action taken or proposed to be taken in the Implementation of the Recommendations of the Public Accounts Committee for the Quarter ending.

Sr. No.

Head of Account

Reference to page/ Para of

the PAC Report

Recommendations/ observations of the

PAC

Action taken proposed to be taken Reasons for delay & non-achievement of any progress since

the submission of the previous progress,

report.

Date when the final decision is

likely to be taken.

1 2 3 4 5 6 7

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404

No. 4/7/99-4FR-II/2086 From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 11th December, 2002. Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana

Government on revised and unrevised pension/family pension. Sir/Madam, I am directed to invite a reference to letter No. 4/7/99-4FR-II/808, dated 16th May, 2002, on the subject noted above and to say that the Governor of Haryana is pleased to decide that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to compensate them for the rise in the cost of living beyond the average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and revised pension/family pension with effect from 1st July, 2002 to modified as below :-

Rates of Dearness Relief on unrevised pension/family pension

Date from which

payable

Pension/Family Pension Per month

Rate of dearness relief per month

1.7.2002 (i) Not exceeding Rs. 1750/- 279% of the Pension/Family Pension.

(ii) Exceeding Rs. 1750/- but not exceeding Rs. 3000/-.

209% of the Pension/Family Pension subject to a minimum of Rs. 4883/-.

(iii) Exceeding Rs. 3000/- 181% of the Pension subject to a minimum of Rs. 6270/-

Rate of Dearness Relief on revised Pension/Family Pension.

Date on which payable Rate of Dearness relief per month

1.7.2002 52% of Pension/Family Pension

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

405

3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samities or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned. 5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 52% of pension family pension w.e.f. 1st July, 2002. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner alongwith dearness relief orders. It will now be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 7. Receipt of this letter may please be acknowledged.

Yours faithfully, Sd/- (S.R.Maurya) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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406

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 4/2/98-1FR-II/2031 To All Heads of Departments, Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, Chandigarh. Dated, Chandigarh, the 11th December, 2002. Subject : Grant of Dearness Allowance to Haryana Govt. Employees on revised and

un-revised scale of Pay. Sir, I am directed to invite to refer to this Department circular letter No. 4/2/98-1FR-II/639, dated 16.5.2002 on the subject noted above and to say that the Governor of Haryana is pleased to decide that dearness allowance payable to Haryana Govt. employees shall be enhanced from the existing rates of 49% to 52% of the pay w.e.f. from 1st July, 2002.

Those employees who opt to retain the pre-revised scales of pay or drawing pay in the unrevised scale after 1.1.96, the rates of DA in their case from 1st July, 2002 will be the same i.e. 52% as are applicable to the employees who are drawing the revised pay scales. However, while calculating the Dearness Allowance @ 52% in such cases, the following components will be taken into account :-

1. Basic Pay 2. Dearness Allowance applicable on 1.1.96, i.e. 148%, 111% and 96% as the case

may be. 3. Interim relief-I 4. Interim relief-II. The arrears on account of enhancement in Dearness Allowance from 1st July, 2002 to 30th November, 2002 in respect of all Govt. employees shall be credited to their General Provident Fund Account. However, it will be paid in cash from 1st December, 2002 i.e. for the month of December, 2002 paid in January, 2003. 5. The other provisions regarding payment of dearness allowance contained in FD's letter No. 4/2/98-1FR-II/623, dated 30.4.99 shall continue to be applicable while regulating Dearness Allowance under these orders.

Yours faithfully,

Sd/- (S.R.Maurya)

Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

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407

These instructions have further been clarified vide No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.

No. 68/2/2001/FD/Pension/SAP From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments, The Commissioner, Ambala Division, Sub Divisional Officers and The Registrar, Punjab & Haryana High Court and All District and Sessions Judges In Haryana. Dated, Chandigarh, the 13th December, 2002 Subject : Adoption of procedure for expeditious finalization of cases of pensionary

Benefits in a time bound manner. Sir, I am directed to invite a reference to the instructions of the Finance Department bearing No. 68/2/2001/FD/Pension/SAP, dated 3.9.2001 and Even No. dated 3.1.2002 on the subject noted above and to say that it has been observed by Finance Department that despite the fact that time schedule for expeditious disposal of pension cases, has been fixed by the Government vide instructions referred to above but the pension/family pension cases are not being finalized within the prescribed period, resulting in unnecessary harassment to the retirees as well as making the Government financially burdened due to the reason that retirees go to the Courts of Law for the release of pensionary benefits and the Hon‘ble Courts generally order in their favour and the orders are to be complied with by the Government by making payment of interest on delayed payment of pensionary benefits. The Hon‘ble High Court had taken a very serious view in such matters and observed that the officers/officials of some of the departments dealing with the pension cases do not realise that the absence of humane and compassionate approach in such like matters not only puts a retired employee to unnecessary harassment and pecuniary loss, but also results in the wastage of time of the Court and the public money. Their observations have already been conveyed to you vide No. 68/2/96/FD/Pension/SAP, dated 14.10.1996.

2. It has also been observed that most of the pension/family pension cases are delayed in the various offices of the Head of Office/Head of Department and are submitted late to the Pension Sanctioning Authority/Controlling Officer/Government resulting delay in forwarding the cases to Accountant General, Haryana. To curb the delay in these cases the Government had authorised vide Finance Department‘s Circular No. 1830-Finance Department (pen)-77/32962, dated 31.10.77 all the Heads of Offices to forward directly the pension cases of employees to the Accountant General, Haryana.

3. It has further been observed that in certain pension cases delay is being caused on account of non-settlement of departmental enquires/criminal cases pending against the

408

retirees. After the departmental enquires/criminal cases are finalized and in case the employees are exonerated of the charges levelled against them, they claim interest on the delayed payment of retrial benefits, resulting in unnecessary burden on the State Exchequer. For such like cases, provision exists under Rule 9.15 of CSR Vol.-II for authorization of provisional pension to the retiree. If the person who had been authorized provisional pension, is acquitted by the Court or exonerated by the department in departmental enquiry, interest if any is payable on the undistributed portion of pension and not on whole of the amount. It may be ensured that the provisional pension should be authorized on merits depending upon the gravity of offence and it should not be sanctioned to the delinquent employee who is likely to be dismissed from the Government service. It is reiterated again that pension cases should be properly scrutinized and time schedule fixed by the Finance Department should be strictly adhered to. 4. These instructions may please be noted and got noted from the officers/officials working under your control for strict compliance in future. Yours faithfully, Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 68/2/2001/FD/Pension/SAP Dated, Chandigarh, the 13.12.2002. A copy is forwarded to the Accountant General (A&E) Haryana Chandigarh for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :- 1. All the Financial Commissioner in Haryana; and 2. All the Commissioners & Secretaries to Govt., Haryana. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. All the Financial Commissioner in Haryana; and 2. All the Commissioners & Secretaries to Govt., Haryana. U.O. No. 68/2/2001/FD/Pension/SAP Dated, Chandigarh, the 13.12.2002.

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409

These instructions have been Revised vide HGPF Rules, 2006.

No. 4/4(5)/2002-2FR-I From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

To

All the Heads of Department, All the Divisional Commissioners, Deputy Commissioners and SDOs (Civil) in Haryana,

The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 18th December, 2002

Subject : Delegation of financial powers to accord sanction for the withdrawal or advances from the GPF.

Sir, I am directed to invite your attention to the subject noted above and to say that as per delegations contained in Annexure ‗B' appended to the Chapter 13 of the Punjab Civil Services Rules, Volume-II and Finance Department's instructions bearing No. 4/3(3)/79-2FR(I) dated 11-3-1980 and No. 4/3(5)/80-2FR-I, dated 23-7-1980, all the Administrative Departments are competent to sanction advances/ withdrawals from GPF subject to the conditions as laid down in rules 13.14 and 13.29 of Punjab Civil Services Rules, Volume-II. The provisions contained in Note-2 to Annexure ‗B' appended to Chapter 13 of Punjab C.S.R. Volume-II are as under :-

"Note-2: The Administrative Departments and Heads of Departments may re-delegate the powers delegated to them in the above table, on their responsibility and subject to such restrictions as they may like to impose, to any officer under them at their headquarter offices. They may also delegate their powers on the same lines to any subordinate authority in respect of grant of temporary advances from General Provident Fund Accounts. Copies of such orders should invariably be endorsed to Finance Department and Accountant General, Haryana".

2. The matter to enhance the powers of Heads of Departments and Heads of Offices has been under consideration of the Government for some time in the past. To cut short the delay in according sanction of advances/ withdrawals from the GPF to the subscribers the Governor of Haryana is pleased to re-delegate powers vested in all the Administrative Departments as per delegations contained in Annexure IV to all the Heads of Departments to grant advances/withdrawals from the GPF to the subscribers subject to the conditions as laid down in the rules mentioned. above. They are also empowered to re-delegate powers vested in them to their subordinate authorities on their responsibility and subject to such restrictions as they may like to impose. 3. You are requested to bring these instructions to the notice of all concerned under your control.

410

Yours faithfully, Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 4/4(5)/2002-2FR-I Dated 18-12-2002.

A copy is forwarded for information and necessary action to the :-

1. Accountant General (A&E), Haryana, Chandigarh with 10 spare copies. 2. All Treasury Officers/Assistant Treasury officers in Haryana. 3. The Treasury Officer, Tees Hazari Court, Delhi-6. 4. The Director, Treasuries and Accountant, Haryana, Chandigarh with 30 spare copies.

Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :- 1. All Financial Commissioners to Government, Haryana. 2. All Administrative Secretaries to Government, Haryana for information and necessary action. Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

(i) All Financial Commissioners to Government, Haryana. (ii) All Administrative Secretaries to Government, Haryana.

U.O. No. 4/4(5)/2002-2FR-I Dated 18-12-2002. A copy each is forwarded to the Principal Secretary/Special Principal Secretary/ Additional Principal Secretary/Deputy Principal Secretary/OSD/Senior Secretaries/Secretaries/ Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary. Sd/- Deputy Secretary Finance (R) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The Principal Secretary/Special Principal Secretary/Additional Principal Secretary/Deputy Principal Secretary/OSD/Senior Secretaries/Secretaries/ Private Secretaries to the Chief Minster/Ministers/State Ministers/ Chief Parliamentary Secretary.

U.O. No. 4/4(5)/2002-2FR-I Dated 18-12-2002.

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411

These instructions have been Revised vide No. 2/2/04-WM(3), Dated 25.06.2004.

No. 6/40/2000-4WM From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State, All district & Sessions Judges in Haryana. Dated, Chandigarh, the 20th December, 2002. Subject : Grant of Advance for the purchase of Personal Computer to Government

employees – Admissibility Condition/Limit of Advance and Instalments of Recovery.

Sir, I am directed to address you on the subject noted above and to say that in partial modification of Haryana Government letter No. 16/40/2000-4WM, dated 19th September, 2002, the State Government has now decided to further revise the admissibility conditions and the limit of the personal computer advance to Haryana Government employees as under :-

Admissibility - condition Limit of advance and instalments of recovery

Government employees drawing pay of Rs. 6,500/- p.m. and above (including SP & NPA).

Rs. 40,000/- or the actual price of the computer, whichever is less, recoverable in not more than 100 equal monthly instalments.

2. All other conditions shall continue to be applicable as heretofore. 3. The decision contained in this circular letter shall take effect from the date of its issue. The revised limit of the advance shall be admissible to those employees also whose applications for this advance may be pending for sanction on the date of issue of this circular letter. But the cases already decided/sanctioned shall not be re-opened. Yours faithfully, Sd/- (S.K.Saxena) Special Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

412

No. 16/40/2000-4WM Dated, Chandigarh, the 20th December, 2002. A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.K.Saxena) Special Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 16/40/2000-4WM Dated, Chandigarh, the 20th December, 2002. A copy each is forwarded to the following for information and necessary action :-

1. Secretary to Governor, Haryana. 2. All the Financial Commissioner & Administrative Secretaries, to Government

Haryana. 3. State Election Commissioner, Haryana. 4. Resident Commissioner, Government of Haryana, Haryana Bhawan, New

Delhi. 5. Secretary, Haryana Vidhan Sabha. 6. MDs. of Various Boards/Corpns. in Haryana (IAS Officers only). 7. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana

State. Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy each is forwarded to the Principal Secretary/Adds. Principal Secretary/ Officers or Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Principal Secretary/Addl. Principal Secretary/Officers on Special Duty/ Senior Secretaries/Secretaries/Private Secys. to Chief Minister/Ministers/ State Ministers/Chief Parliamentary Secy./Deputy Chairman Planning Board.

No. 16/40/2000-4WM Dated, Chandigarh, the 20th December, 2002.

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413

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana State. Memo No. 18/6/2001-3B&C Dated 24th December, 2002

Subject : Excess and Surrender.

Reference subject noted above. 2. During the course of the Oral Examination of the FCF on 3rd December, 2002 regarding Excess Expenditure incurred over sanctioned grant/appropriation by various departments during the years 1999-2000 and 2000-2001, it was pointed out by the Chairperson of the Public Accounts Committee that some departments are incurring excess expenditure over Voted Grants/Appropriations on one side and on the other hand they surrender huge amount within the same grant which seems unrealistic and is unwarranted. It seems that either the departments are not observing the correct procedure or are unaware of Financial Rules which has caused unnecessary embarrassment to the Finance Department. This point needs to be checked thoroughly. It is, therefore, requested that in future utmost care should be taken to avoid such lapses/irregularities and financial discipline be maintained properly. Sd/- Deputy Secretary Finance (Budget)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all the Financial Commissioners and Principal Secretaries/ Administrative Secretaries to Govt. Haryana for necessary action. Sd/- Deputy Secretary Finance (Budget)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Financial Commissioners and Principal Secretaries/ Administrative Secretaries to Govt., Haryana. U.O. No 18/6/2001-3B&C Dated 24.12.2002. A copy is forwarded to all the Branch Officers/Supdts. of the Finance Department (Expenditure. Control) for necessary action. Sd/- Deputy Secretary Finance (Budget)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have become obsolete.

SUPPLEMENTARY ESTIMATES DATE BOUND No. 7/1/2002-4B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To Heads of Departments in Haryana. Dated, Chandigarh, the 2nd January, 2003 Subject : Supplementary Estimates 2002-2003 (2nd instalment). Sir, I am directed to address you on the above subject and to say that the Supplementary Estimates for the year 2002-2003 (2nd instalment) are to be presented to the State Legislature in its forthcoming session. In order to complete all the formalities connected with the presentation of the Supplementary Estimates to Legislature, I am to request that Schedules and Explanatory Memoranda (in triplicate both in Hindi and English languages) containing the relevant details in respect of the items of expenditure concerning only the hard pressed cases which are absolutely necessary and required to be provided in the Supplementary Estimates, 2002-2003 (2nd instalment) may please be forwarded to the Finance Department (concerned Expenditure control branch) as per the enclosed pattern latest by 15th January, 2003. Yours faithfully, Sd/- Deputy Secretary (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Copies are forwarded to all Administrative Secretaries to Govt., Haryana for information and necessary action. Sd/- Deputy Secretary (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Administrative Secretaries to Govt., Haryana. U.O. No. 7/1/2002-4B&C Dated, Chandigarh, the 2nd January, 2003.

415

Copies are forwarded to all the Branch Officers, Superintendents of Expenditure Control Branches of the Finance Department, with the request that it may please be ensured that the Schedule and Memoranda are received from the departments by the due date viz. 15.1.2003 and three copies thereof in English and Hindi languages duly checked are supplied to the Budget and Committee Branch by the 20 Jan., 2003. Format of the Schedule is attached herewith for guidance. Sd/- Deputy Secretary (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Branch Officers/Supdts. in Finance Department, U.O. No. 7/1/2002-4B&C Dated, Chandigarh, the 2nd January, 2003. Contd… Encl.

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SCHEDULE PROFORMA DEMAND No. _________________________________ See page(s) ________________________ of statement of Demands for Grants and Appropriations for the year 2002-2003. 1. Original Grant :-

Revenue

Voted :

Charged :

Capital

Voted :

Charged : 2. Supplementary Estimates of the Amount required in the year ending 31st March,

2003 to defray charges in respect of :-

Revenue

Voted :

Charged :

Capital

Voted :

Charged : 3. SUB MINOR HEAD(s) under which the Supplementary Grants will be accounted

for :-

Major Head (Plan/Non-plan) Sub Major Head Minor Head Sub Head Detailed Head Object Head

Revenue

Voted :

Charged :

Capital

Voted :

Charged : 4. Total Original Estimates 2002-2003 :-

Revenue

Voted :

Charged :

Capital

Voted :

Charged :

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5. Add-sum now required :-

Revenue

Voted :

Charged :

Capital

Voted :

Charged :

6. Total Estimates after adding the sum now required :-

Revenue

Voted :

Charged :

Capital

Voted :

Charged :

Explanatory Memorandum

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These instructions have been reiterated partly vide No. 5/6/2009-1B&C, Dt. 08.07.2009.

No. 5/6/2002-1B&C

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Department in Haryana, Registrar, Punjab and Haryana High Court, All Deputy Commissioners in Haryana and Commissioners Rohtak, Gurgaon, Hisar and Ambala Divisions, Managing Directors of all Boards and Corporations in Haryana. Registrar, Maharishi Dayanand University, Rohtak/ Kurukshetra University Kurukshetra/Haryana Agriculture University Hisar & Guru Jambheshwar University, Hisar.

Dated, Chandigarh, the 2nd January, 2003

Subject : Economy measures.

Sir, I am directed to address you on the subject cited above and to say that in view of mounting increase in the non-plan expenditure, the State Govt. has been issuing instructions to adopt economic measures from time to time but it has been observed by the Govt. that these instructions are not being followed in letter and spirit. Therefore these instructions are hereby reiterated for strict compliance as under :-

1. There shall be a complete ban on the creation/upgradation of posts.

2. There shall be a complete ban on all new recruitments from class-I to class IV except appointment under ex-gratia scheme and categories of vacancies which has been allowed to be filled by F.D. in relaxation of ban.

3. The cases of filling up vacant technical posts can be considered for exemption after obtaining the concurrence of Finance Department

4. Vacant posts under 100% Centrally Sponsored Schemes and Externally Aided projects for which the expenditure is not borne by the State Govt. are also exempted from the ban with the condition that the appointment should be made on contract basis for a specific period till the scheme is funded by Govt. of India or External Agencies.

5. Certain categories of personnel like Computer Operators working on renewable contract basis and who have acquired relevant expertise in the concerned field may be considered for exemption with the approval of Finance Department

6. Appointment required to be made under court orders after exhausting all legal remedies by the concerned departments, can be considered by the departments for exemption, after obtaining orders of the Chief Minister.

7. The policy of filling up of the promotional vacancies to the extent of 90% of the cadre will continue.

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8. The policy of filling up of the vacant posts of handicapped quota which have not been abolished on account of being vacant for more than two years will continue.

9. All posts lying vacant for more than 2 years as on 31-12-2002 shall stand abolished.

10. The ban on the purchases of new vehicles will continue.

11. The expenditure on POL should be reduced by 10% of the last year's actual expenditure.

12. There will be a cut of 10% on the office expenses and 5% on the traveling expenses.

13. The expenditure on lavish office furnishing and other office items should be stopped.

14. Before considering purchase of new store items by the departments including Engineering Departments, the inventory maintained by them should be carefully reviewed and purchases with regard to only those items be allowed which are essential and cannot be met from within the available inventory.

2. Instructions/Guidelines regarding control over electricity consumption and expenditure thereon issued vide circular letter No. 5/1/02-1 B&C dated 22-1-01 (copy enclosed) are also hereby reiterated. 3. These instructions may be brought to the notice of all concerned for strict compliance.

Yours faithfully, Sd/- Special Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 5/16/2002-1B&C Dated : 2nd January, 2003 A copy is forwarded to the Accountant General, Haryana (Accounts & Audit) Chandigarh for information and. necessary action. Sd/- Special Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & all Administrative Secretaries to Govt. of Haryana for information and necessary action.

Sd/- Special Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

420

To All Financial Commissioners, Haryana & All Administrative Secretaries to Govt., Haryana. No. 5/16/2002-1B&C Dated : 2nd January, 2003 A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State for information of the Chief Minister/Ministers/ Ministers of State, Haryana. Sd/- Special Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State Haryana. No. 5/16/2002-1B&C Dated : 2nd January, 2003 A copy is forwarded to all the Branch Officers/Superintendents in the Finance Department, Haryana for strict compliance. These instructions may kindly be kept in mind while finalizing the Budget 2003-04. Sd/- Special Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Branch Officers/Supdts. of Finance Department. U.O. No. 5/16/2002-1B&C Dated : 2nd January, 2003.

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421

No. 5/6-(II)-85-3FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments, All the Divisional Commissioners, Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 22nd January, 2003 Subject : Deputation of Government employee on Training to various Courses in India -

Delegation of powers. Sir, I am directed to invite your attention to para-2 of Letter No. 5/6(II)85-3FR-II, dated 2nd February, 1999 vide which the Administrative Departments were allowed to sanction Rs. 2000/- (Rupees Two thousand only) at their own level in connection with the fees of the training/courses/ seminars etc. within India. 2. Keeping in view the fact that work relating to this matter be disposed off expeditiously the case for raising the limit of expenditure was under active consideration of the State Government. And now after careful consideration of the matter, it has been decided that henceforth the Administrative Department shall be competent to sanction expenditure up to Rs. 5000/- (Rupees Five thousand only) in connection with the fees of the training courses including conferences, seminars, refresher courses or departmental courses etc. which do not exceed thirty days, within India provided funds are available in the sanctioned budget of the department for this purpose. 3. The other terms & conditions as contained in FD's letter No. 5/6(II)-85-3FR-II, dated 28-3-1985 will remain unchanged, 4. These Instructions will come into force from the date of issue of this letter. 5. The contents of these instructions may kindly be brought to the notice of all concerned under your control for Information and necessary action.

Yours faithfully,

Sd/- Under Secretary,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 5/6(II)-85-3FR-II Dated 22nd January, 2003

422

A copy is forwarded to the Accountant General, Haryana (Accounts & Audit) Chandigarh for information and. necessary action.

Sd/- Under Secretary,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all the Financial Commissioners & all Administrative Secretaries to Govt. of Haryana for information and necessary action.

Sd/- Under Secretary,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Financial Commissioners, Haryana & All Administrative Secretaries to Govt., Haryana. U.O. No. 5/6(II)-85-3FR-II Dated 22nd January, 2003 A copy is forwarded to the Principal Secretary/Add. Principal Secretary, Deputy Principal Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for information of the Chief Minister/Ministers/Ministers of State/ Chief Parliamentary Secretary Haryana.

Sd/- Under Secretary,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To Principal Secretary/Add. Principal Secretary, Deputy Principal Secretary/

OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secretary.

U.O. No. 5/6(II)-85-3FR-II Dated 22nd January, 2003.

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423

No. 68/2/2001/FD/Pension/SAP From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Department, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana States, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 23rd January, 2003 Subject : Time schedule for payment of retiral benefits to the retiring Government

employee on the date of his retirement. Sir, I am directed to invite a reference to the instruction of the Finance Department bearing No. 68/2/2001/FD/Pension/SAP, dated 3.1.2002 on the subject noted above and to say that it has been brought to the notice of the Government by the Accountant General (A&E) Haryana that instructions regarding Stoppage of contribution towards GPF prior to six months of the retirement of subscriber is not being followed by most of the DDOs and in some cases, the subscribers are allowed to subscribe even upto the month of retirement. Such practice leads to delay in settlement of subscribers claims besides creating enormous grievances in their minds as such unauthorized contribution do not qualify for interest also. 2. It is, therefore, requested that all the DDO(s) under your control may please be directed to follow the above instruction and also all other instructions of the Finance Department on the subject, so that desired objective of prompt and timely settlement of subscriber's claim could be achieved. 3. The above instructions may please be got noted and brought to the notice of all the DDO(s)/officers/officials dealing with the pension cases under your control for strict compliance. Yours faithfully, Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 68/2/2001/FD/Pension/SAP, Dated, Chandigarh, the 23rd Jan., 2003 A copy is forwarded to the Accountant General (A&E) Haryana, Chandigarh for information and necessary action with reference to his letter No. Fds-1/8 AS-9/2002-03/412, dated 24th December, 2002. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

424

A copy for information and necessary action is forwarded to :- 1. All the Financial Commissioners & Principal Secretaries in Haryana and 2. All the Commissioners & Secretaries to Govt. Haryana. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. All the Financial Commissioners & Principal Secretaries in Haryana and 2. All the Commissioners & Secretaries to Govt., Haryana. U.O. No. 68/2/2001/FD/Pension/SAP, Dated, Chandigarh, the 23rd Jan., 2003.

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425

These instructions have become obsolete.

No. 1/2/19/98-2FR-II From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Department, All Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana States, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the February, 2003 Subject : Counting of Special pay as part of pay in respect of employees who were

appointed before 1.1.1966. Sir, I am directed to refer to the subject mentioned same and to state that as per Notification No. GSR.31/Const./ Art-309/2001, dated the 7th December, 2001, the term emoluments for the purpose of pension shall mean ―pay‖ as defined in Rule 2.44 (a) (i) of the Punjab GSR Volume-I, Part-I but these rules are not applicable in the case of employees who were appointed be Government service before 1st November, 1966. In order to know the financial liability on this account you are requested to intimate the number of such employees in your department getting special pay and personal pay in proforma enclosed with this letter. Please treat it as urgent and send the information within two weeks positively.

Sd/- Dy. Superintendent for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department. List of employees who were appointed before 1.11.1966 getting special pay Name of Department________________

Sr. No.

Name of Employee with designation

Date of appointment

Date of Superannuation

Pay scale with S.P.

Personal pay of employee

1. 2. 3. 4. 5. 6.

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426

No. 30/3/2002/Acctt./HBPE (FD)

From The Member Secretary, Haryana Bureau of Public Enterprises, Finance Department, New Sectt. Building, Sector-17, Chandigarh.

To All the Managing Directors/Chief Administrators/ Chief Executive Officers of all the State Public Enterprises,

------------------------------------------------------------------------------,

------------------------------------------------------------------------------. Dated, Chandigarh, the 5th February, 2003 Subject : To follow up all the Govt./Finance Department's instructions. Sir,

I am directed to invite your kind attention to the subject noted above and to say that it has come to the notice of Finance Department that State Public Enterprises are not strictly following the Govt./Finance Department's rules and regulations and in some cases these Public Enterprises are adopting pick & choose policy as per their convenience and suitability for which Govt. has taken a very serious view.

In this regard, you are advised to adhere to all the Govt./Finance Department's instructions in letter & spirit and meticulously. Any lapse on the part of Public Enterprises in this regard will be viewed seriously by the Government.

Yours faithfully, Sd/- Personnel Advisor, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

Endst. No. 30/3/2002/Acctt./HBPE (FD) Dated, Chandigarh, the 5th Feb., 2003

A Copy is forwarded to all the F.D.'s nominee Directors on the Boards of State Public Enterprises with the request that they should ensure that Public Enterprises are following the Govt./Finance Department‘s instructions in letter & spirit and meticulously.

Sd/- Personnel Advisor, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

Endst. No. 30/3/2002/Acctt./HBPE (FD) Dated, Chandigarh, the 5th Feb., 2003

A Copy is forwarded to all the Administrative Secretaries with the request to direct all the State Public Enterprises under their respective control to follow the rules and regulation of the State Government in letter & spirit and meticulously.

Sd/- Personnel Advisor, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

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427

HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATION)

Notification

The 10th February, 2003

No. 2/7/2001-3FR-II.— In exercise of the powers conferred by clause (2) of article 283 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Financial Rules, Volume I, in its application to the State of Haryana, namely :-

1. These rules may be called the Punjab Financial Volume-I, (Haryana First Amendment) Rules, 2003.

2. in the Punjab Financial Rules, Volume-I, in rule 19.6, under columns 1, 2, 3 and 4 against serial number 1, under columns 3 and 4 after entries ―All Departments of Government‖ and ―Full powers‖, the entries ―Chief Justice of Punjab and Haryana High Court‖ and ―Upto Rs. 1,00,000/- for any one item‖ shall respectively be inserted.

CHANDER SINGH Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 2/7/2001-3FR-II, Dated, Chandigarh, the 10th Feb., 2003

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions in Haryana. The Registrar, Punjab and Haryana High Court, Chandigarh. All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana.

Sd/- Under Secretary, Finance,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/7/2001-3FR-II, Dated, Chandigarh, the 10th Feb., 2003

A copy is forwarded to Accountant General (Audit/A&E) Haryana, Chandigarh for information with reference to their letter No. CCS/CSR/PFR/2002-03/866-67 dated 5.2.2003 and TM (T)/Amendment/2002-2003/1326 dated 5.2.2003

Sd/- Under Secretary, Finance,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/7/2001-3FR-II, Dated, Chandigarh, the 10th Feb., 2003

A copy along with an attested copy is forwarded to the Controller, Printing & Stationery, Haryana, for information and necessary action.

He is requested that this notification be got printed in the Haryana Govt. Gazette and 500 spare printed copies be supplied to Govt. for record.

Sd/- Under Secretary, Finance,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

428

A copy for information & necessary action is forwarded to :-

Financial Commissioners, Haryana. All the Administrative Secretaries to Govt., Haryana.

Sd/- Under Secretary, Finance,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana.

No. 2/7/2001-3FR-II, Dated, Chandigarh, the 10th Feb., 2003.

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429

(TO BE SUBSTITUTED BEARING THE SAME NUMBER AND DATE) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 20th February, 2003 Subject : Disbursement of Pay and Allowances/Pension for the month of February, 2003. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st and 2nd March, 2003 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the February, 2003 for all Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of February, 2003 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 28th February, 2003. Yours faithfully, Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th February, 2003. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th February, 2003. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

430

A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th February, 2003. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary. Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Principal Secretary/Addl. Principal Secretary/ Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1(2)90-3FR-II Dated, Chandigarh, the 20th February, 2003.

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431

No. 1/1/2003/FD/Pension/SAP From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Divisional Commissioners, Deputy Commissioners and Sub Divisional Officers (Civil) in the State, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated: March, 2003 Subject : Adoption of procedure for expeditious finalization of cases of pensionary

benefits in a time bound manner. Sir, I am directed to refer to the subject cited above and to state that it has been observed by the Accountant General, Haryana that in some cases of pension, signatures and office seal of the Head of Departments/Pension Sanctioning Authorities are not legible and has incomplete impression of seal, which makes them difficult for verifying the facts of the pension cases. 2. In view of this it is requested that it may be ensured that pension cases be forwarded to Accountant General, Haryana with full signatures and complete office seal on all pension cases, indicating thereon name, designation and phone numbers of the Pension Sanctioning Authorities, so that in case of urgency and expeditious settlement of pension cases immediate contacts could be established with concerned Pension Sanctioning Authority. 3. These instructions may please be got-noted from the officers/officials concerned for strict compliance in future. Sd/- Under Secretary, Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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432

HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATIONS)

Notification

The 4th March, 2003

No. 1/2/8/98-2FR-II.— Whereas, the Government of Haryana has broadly followed the Central Government pattern in matters of pay scales for its employees w.e.f. 1st January, 1986. In so far as the pensionary matters are concerned, the State Government has adopted and implemented the Central pattern in all respects and pensions of the State Government pensioners have been revised accordingly with effect from 1st January, 1996;

2. And whereas on the same principle, the Government of Haryana issued notifications dated the 9th March 1998, 13th January 2000 and 18th January, 2000 respectively regulating the revision of pensionary benefits for its employees. As per para 10 of the Notification No. 1/2(8) 98-2FR-II (Para II), dated the 9th March, 1998, the provision for commutation of pension has also been increased from 1/3rd to 40% in respect of employees retiring on or after 1st January, 1996, on the same pattern as allowed by the Central Govt. for the Central Govt. employees/pensioners. Prior to 1st January, 1996, the retiring employees were entitled to commute for a fraction of pension not exceeding one third of pension as per rule 11.1(i) of Punjab Civil Services Rules, Volume-II.

3. Sub-rules (1), (2) and (3) of rule 5 of CCS (Commutation of Pension) Rules, 1981 (as applicable to the Central Government employees), is analogous to the provisions contained in sub rules (1), (2) and (3) of rule 11.1 of Punjab Civil Services Rules, Volume-II (as applicable to the Haryana). The Central Government has amended the provisions of above said sub-rule (1) of rule 5 of the rules ibid vide its notification Government of India Department of Pension and P. Office Memorandum No. F.45/86/97/P&PW(A)-Part-I, dated the 27th October, 1997, and raised the limit of 1/3rd of commutation to 40% with effect from 1st January, 1996.

4. Further, the Hon‘ble Supreme Court of India, vide its judgment dated 9th December, 1986 in writ petition No. 3958-61 of 1983, held that all Central Govt. pensioners governed by Central Civil Services (Commutation of Pension) Rules, 1981, and corresponding rules for Armed Forces personnel and officers, All India Services Officers and Railway Pensioners and who have commuted the admissible portion of their pension are entitled to have the commuted portion restored on the expiry of fifteen years from the date of retirement.

5. The Central Govt. on the basis of above said judgment, have decided that only such Central Govt. pensioners who have commuted a portion of their pension on 1st April, 1985 or thereafter and have completed or will complete 15 years from their respective date of retirement will have their commuted portion of pension restored.

6. The commuted portion of pension is restored after a period of 12 years in the State of Haryana as per the provisions of rules contained in the Civil Services Rule, Vol. II (as applicable to the State of Haryana) whereas it is 15 years in the case of Central Government employees/ pensioners. Since the commuted portion of pension has been enhanced to bring the same at par with the Central Government, it has been found necessary to bring the restoration period at par with that of Central Government employees i.e. restoration of commutation portion of pension after 15 years from the date of Superannuation/retirement or 15 years from the actual receipt of commuted value, whichever is later.

Now, therefore, in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to emend the Punjab Civil Services Rules, Volume II as

433

applicable to the State of Haryana, namely :-

1. (1) These rules may be called the Punjab Civil Services Rules, Volume-II (Haryana First Amendment) Rules, 2003.

(2) They shall come into force with effect from 1st January, 1996, for the Government employees retiring on or after 1st January, 1996.

2. In the Punjab Civil Services Rules Volume-II in rule 11.1

(1) for the sub-rule (1) the following sub-rule shall be substituted, namely :-

(i) A Government employee, on retirement, shall be entitled to commute for a lump-sum payment a fraction not exceeding 40% (forty percent) of his pension. The fraction of Pension so commuted on superannuation shall, however, be restored to him on completion of 15 years from the date of retirement or 15 years from actual receipt of commutation value, whichever is later. In cases of premature retirement or compulsory retirement, wherever commutation is permissible, the commuted portion of pension shall be restored after surrender of full value of commutation together with a notional simple interest to be calculated @ 8.1% per annum following the reducing balance method‖.

(ii) In sub-rule (2) in the fifth line for the words and Sign ―one third of pension‖ the figure sign bracket and words, 40% (Forty percent) of the pension shall be substituted.

CHANDER SINGH Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

Endst. No. 1/2/8/98-2FR-II Dated, Chandigarh, the 4th March, 2003

A copy for information is forwarded to :-

1. All Heads of Department, Commissioners of Divisions in Haryana. 2. The Registrar, Punjab and Haryana High Court, Chandigarh. 3. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Sd/- Under Secretary, Finance

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have become obsolete.

(10th March, 2003)

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PERFORMA

I. (a) Department

(b) Subject/Title of the Review/Paragraph

(c) Paragraph No.

(d) Report No. and Year

II. (a) Date of receipt of the Draft Paragraph/Review in the Department

(b) Date of Department‘s reply

III. Gist of Paragraph/Review

IV. (a) Do the Department agree with the facts and figures included in the Paragraph?

(b) If not, please indicate the areas of disagreement and also attach documents in support.

V. (a) Main Audit conclusions :

(1) Deficiency in the existing system including system of internal control.

(2) Failure to follow the systems and procedure.

(3) Failure of individuals.

(4) Amount of loss/short assessment/short levy.

(b) Do the department agree with the Audit conclusions? If not/please indicate specific areas of disagreement, reasons for disagreement and also attach copies of relevant documents, where necessary.

VI. Remedial action taken :

(i) Improvement in system and procedure including internal controls.

(ii) Recovery of over payment pointed out by Audit.

(iii) Recovery of under assessment, short levy or other dues.

(iv) Writer off of amount of losses/wasteful expenditure/irrecoverable amount.

(v) Modifications in the scheme including financing pattern.

(vi) Review of similar cases/complete scheme/project in the light of finding of sample check by Audit.

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IMPORTANT Subject : Economy in expenditure/restructuring/right-sizing of the various departments. Will all the Officers/Superintendents of the expenditure control branches of the Finance Department kindly refer to the subject noted above? 2. As they are aware, the State Government has imposed a ban on the filling up of vacant posts, creation/upgradation of the posts and has ordered for the abolition of posts which remained vacant for more than two years on different dates. In this direction the Government has also constituted a committee of officers under the chairmanship of FCF and SSF(SKS) to examine the restructuring/right sizing of the various departments. Now restructuring/fright sizing proposals have been finalized by the said committee pertaining to some Departments and the concurrence of the Finance Department is required on such recommendations of the committee. In this connection the Administrative Departments will move their proposals for the filling/creation of vacant/new posts through the Minister-in-charge to the Finance Department and Finance Department will immediately put up the case to the FCF/FM/CM for concurrence. No instructions with regard to the economy measures issued from time to time shall be applicable on the proposals based on restructuring/right sizing of the departments. All the Officers/Superintendents of the Finance Department are requested to ascertain FD's concurrence in such cases without any delay. Sd/- Deputy Secy. Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Officers/Superintendents of the

Finance Department. U.O. No. 5/16/2000-1B&C Dated : 7th April, 2003.

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No. 46/1/2003-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Head of Departments, Commissioner of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners & Sub Divisional Officers (Civil), All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 10th April, 2003 Subject : Grant of interest free advance to Government employees for the purchase of

wheat during the year 2003-2004. Sir, I am directed to inform you that the State Government has decided to grant an interest free advance of Rs. 4000/- (Rs. Four thousand only) to all Class-IV Govt., employees in the State who wish to buy wheat for their own consumption during the year 2003-2004. The advance will be recoverable in monthly instalments to be fixed by the Departments concerned so as to effect its full recovery before the close of the financial year 2003-2004 i.e. full loan should be recovered before 31.3.2004. 2. The advance will be admissible to permanent/temporary regular Class-IV employees only. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would, in the case of temporary employees, allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanees before the close of the financial year 2003-2004. 3. The following conditions should be observed in sanctioning this loan :-

(i) A certificate should be obtained from the loanee to the effect that he has utilized the loan for the purchase of wheat, within one month of the drawal of the advance.

(ii) The officer concerned, before sanctioning the advance, should satisfy himself that the incumbent will continue in service until full recovery of the total amount of advance is effected.

(iii) These orders will cease to operate after the 31st May, 2003.

(iv) The recovery of the first instalment of the advance should preferably be made from the pay for the month of May, 2003.

(v) The advance should not be granted to those Class-IV employees on deputation to other Govt./Corporations and Local Bodies etc.

(vi) The advance will not be admissible to work charged and daily wages employees.

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(vii) Where both husband and wife are employed, the wheat advance should be allowed to only one of them.

4. It is requested that the schedule of recoveries should be attached with each pay bill in the proforma enclosed. It is also requested that the detailed accounts of the recoveries of the loan should be maintained by the Drawing and Disbursing Officers which should be reconciled with the office of the Accountant General, Haryana (A&E) every month. 5. The expenditure incurred on the grant of wheat loan may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by 30.6.2003 positively in the enclosed Performa. 6. The expenditure may be debited to the Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99) Advances for purchase of Food grains 50-advances (non-plan). The recoveries made may be credited to the corresponding receipt head i.e. "7610- Loans to Govt. Servants etc. 800- other Advances-(99)Advance for Purchase of Foodgrains-50-Advances(Receipt). Yours faithfully,

Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secretary to Govt., Haryana Finance Department. No. 46/1/2003-WM(6) Dated, Chandigarh, the 10th April, 2003 A copy is forwarded to the Accountant General, Haryana (Accounts and Audit), Haryana, Chandigarh for information and necessary action.

2. The expenditure will be debited against grant No. 25 under Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99)-Advances for purchase of Food grains-50 Advances (Non Plan).

3. Detailed accounts of the recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 46/1/2003-WM(6) Dated, Chandigarh, the 10th April, 2003 A copy is forwarded to all Treasury Officers/Assistant Treasury Officers Haryana with the request that date given in the letter may please be strictly followed and no bill be passed after 31.5.2003. The payment made on the basis of the sanction issued by the Department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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Copies are forwarded to :-

The Financial Commissioner & Principal Secretaries to Govt., Haryana, Revenue, Department.

All the Financial Commissioner & Principal Secretaries/Administration Secretaries to Govt. Haryana;

for information and necessary action. Sd/- (S.R.Maurya) Under Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Financial Commissioner & Principal Secretaries to Govt.,

Haryana, Revenue, Department. All the Financial Commissioner & Principal Secretaries/

Administration Secretaries to Govt., Haryana. . No. 46/1/2003-WM(6) Dated, Chandigarh, the 10th April, 2003 A copy each is forwarded to the Principal Secretary/Add. Principal Secretary/Deputy Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R.Maurya) Under Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To The Principal Secretary/Add. Principal Secretary/Deputy Principal

Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to the Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secy./Deputy Chairman, Planning Board, Haryana.

U.O. No. 46/1/2003-WM(6) Dated, Chandigarh, the 10th April, 2003.

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PROFORMA

Name of Department

Name of Office Drawing and Disbursing Officer

Amt. of wheat adv. to employees

1 2 3 4

SCHEDULE OF RECOVERIES

S. No.

Name & Designation

of employees

Total amount

of advance

Recoveries upto last month

Amount of advance

recovered in this bill

Total amount

recovered upto date

Balance Remarks

1 2 3 4 5 6 7 8

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These instructions have been Revised vide No. 2/1(1)89-4FR, Dated 26.6.2004 & 10.12.2010.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 2/1(1)89-4FR To All the Heads of Departments, Commissioners of Divisions, Deputy Commissioners S.D.Os. (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 17th April, 2003 Subject : Disbursement of salaries to the employees - Switching over from cash

disbursal to the bank account system. Sir/Madam, I am directed to refer to the Finance Department's instructions issued vide letter No. 2/1(1)89-3FR-lI dated the 5th September, 2000 on the subject cited above and to say that the matter has been considered further and in supersession of instructions mentioned above the State Government have now decided that the salary of all the Government employees from Group 'A' to' D' will be disbursed through Treasury Banks. However, this will be taken up in a phased manner. In the first phase the following district/employees will be covered :- (i) The salary of Officers/Officials from Group 'A' to 'D' at district headquarters will

be disbursed through Treasury Bank namely State Bank of India in four districts i.e. Ambala, Hisar, Rohtak and Panipat where State Bank of lndia is a Treasury Bank and has multiple branches in these districts. In the remaining districts the salary to only Group' A' and 'B' Officers at district headquarters will also be disbursed through Treasury Bank at district headquarters.

(ii) Departments concerned can also include some more categories of employees

for the disbursement of salary through Bank, if found feasible and desirable. (iii) The present system of disbursement of salaries to the employees in respect of

Haryana Government Offices located at Chandigarh, Panchkula and Delhi will continue as per the Finance Department instructions contained in the letter mentioned above.

(iv) This arrangement will be effective from 1st June, 2003 meaning thereby that

the salary for the month of June, 2003 will be payable in month of July, 2003 as per these instructions.

(iv) The instructions in respect of remaining categories of employees i.e. Group 'C

and 'D' employees of all districts (Except Ambala, Hisar, Rohtak, and Panipat) will be considered later on.

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2. Procedure for disbursement of salary through Banks The following procedures should be adopted for disbursement of salary through banks :- (i) All the concerned Officers/Officials should be directed to open their individual

saving bank accounts in the concerned treasury branch of the bank. (ii) To make the task of salary disbursement smooth, it will be the responsibility of

the Head of the concerned Department/Office to ensure that all the concerned employees have opened their saving bank accounts in the allocated treasury bank branch and convey their account numbers to their Drawing and Disbursing Officers.

(iii) The pay bill(s) of the staff be sent to the treasury bank well in advance and at

least three working days before the pay day every month. (iv) The pay bill drawn in favour of the department duly passed by the Treasury

Officer concerned should reach the salary disbursing branch of the bank at least three working days before the pay day. In order to avoid any eventuality of delay in the disbursement of salary on the pay day, the Treasury Officers will personally ensure that all the salary bills submitted to them are passed well in time and mark these bills "payable to the allocated bank branch at least three days before the pay day but not to be disbursed before the pay day."

(v) The Drawing and Disbursing Officer of the Government Department will not

open any current account for the purpose of disbursement of salary to its employees but instead will submit the pay bills duly passed by the Treasury Officer concerned to the allocated Treasury bank branch. Account Number of each employee along with the name of the bank and its branch should be clearly mentioned against their names. Suitable arrangements may also be made to supply the verified list of employees and their account numbers along with salary amounts on a floppy as well to the Treasury bank branch.

(vi) Before crediting the salary amounts to the accounts of the employees the

Treasury Bank will properly tally the names and account numbers with the list of saving bank accounts opened by the employees in that particular bank.

(vii) The salary should be permitted to be withdrawn from the pay day.

3. Appointment of Nodal Officer and his duties All the Additional Deputy Commissioner-cum-Joint Directors, Institutional Finance & Credit Control, Haryana, will be the District Nodal Officers at district level. The senior most Chief Manager of the Treasury Bank at district head-quarter will be the Nodal Officer (from banker side) for this purpose Their duties are as under :- (i) District Nodal Officers will arrange to supply a list of Government Departments

with details of employees to the concerned Treasury Bank. Nodal Officer will allocate different Government Departments to its branches after consulting the Treasury Officer concerned depending upon the location of the Government Department/Office/Branch of the bank and the volume of the work involved. He will apprise the District Nodal Officer accordingly. However, in case of the

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difference of opinion regarding allocation of Departments/Offices to a particular bank branch, the decision of the District Nodal Officer will be treated as final.

(ii) The District Nodal Officer on receipt of above information from the Treasury Bank Branch will issue necessary instructions to the concerned Government Department/Office to direct their employees to open their Saving Bank Accounts with that particular branch of the Treasury Bank before 10th of June, 2003 positively. The employees after opening of their accounts will submit their account numbers to the Drawing and Disbursing Officer concerned.

4. Procedural Clarifications & Guidance

In case of any difficulty in the implementation of this policy necessary procedural clarifications and guidance can be obtained from the Director, Institutional Finance and Credit Control, Haryana, Chandigarh or the Additional Deputy Commissioner of the District concerned who is also Joint Director, Institutional Finance and Credit Control. Yours faithfully,

Sd/- (Ram Saran) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst No. 2/1(1)89-4FR Dated 17th April, 2003 A copy is forwarded for information and necessary action to the :-

The Accountant General (A&E and Audit) Haryana. All Treasury Officers! Assistant Treasury Officers of Haryana State in Haryana, Chandigarh and Delhi. The Director, Treasuries and Accounts, Haryana with 100 spare copies with the request to send a copy each to all the Regional/Zonal Officers of the Treasury Banks in Haryana. The Member Secretary, Haryana Bureau of Public Enterprises. Chandigarh. The Director, Institutional Finance and Credit Control, Haryana, Chandigarh with the request to send a proposal for remaining category of employees. Sd/- (Ram Saran) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners and all the Administrative Secretaries to Government, Haryana for information and necessary action. Sd/- (Ram Saran) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To

All the Financial Commissioners, Haryana. All the Administrative Secretaries to the Govt., Haryana, U.O. No. 2/1(1)89-4FR Dated, Chandigarh, the 17th April, 2003. A copy is forwarded to the Principal Secretary/Additional Principal Secretary/Deputy Principal Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary Haryana. Sd/- (Ram Saran) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The Principal Secretary/Additional Principal Secretary/ Deputy Principal Secretary/OSD/Senior Secretaries/ Secretaries to the Chief Minister/Ministers/Ministers of State/ Chief Parliamentary Secretary, Haryana. U.O. No. 2/1(1)89-4FR, Dated, Chandigarh, the 17th April, 2003.

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These instructions have been clarified vide No. 6/83/2008-4PR(FD), Dated 10/12.06.2009.

No. 1/35/2002-1PR(FD)

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, Commissioner, Ambala, Hisar, Gurgaon & Rohtak Divisions, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 23rd April, 2003

Subject : Grant of benefit of Adhoc Service for the purpose of additional Increment(s) to Group C & D employees on completion of 8 and 18 years regular satisfactory service.

Sir,

I am directed to invite your attention to the Government circular of even No. dated 15th March, 2002, vide which decision of Government was communicated vide para No. 7 (i) of that circular to the effect that adhoc service was not to be counted towards regular, service for the grant of additional increments on completion of 8/18 years service under the scheme introduced vide Government letter dated 7.8.92 the scheme introduced by Government for Engineers of PWD (three wings) and Doctors vide Government instructions dated 2.6.89, read with clarificatory instructions dated 16.5.90 and the higher standard scales under the scheme of Higher Standard Scales for Group 'C' and 'D' employees introduced vide letter dated 8.2.94 but effective from 1.1.94.

2. Some of the Government departments have sought clarification on whether or not the benefit of adhoc service, granted earlier in terms of Finance Department's circular dated 20.08.1996 was to be withdrawn from the date of issue of circular viz. from 15.03.2002 or from the date it was granted to them.

3. The matter has been considered at length and it has been observed that the adhoc service was not to be counted for the purpose of grant of additional increment(s) and given benefit has been withdrawn vide instructions dated 15.03.2002, which are based on the judgments of Hon'ble Punjab and Haryana High Court and the Hon'ble Supreme Court of India. The Government has now decided that the granted benefit on account of adhoc service may be treated to have been withdrawn from the date it was earlier granted. However, no recovery of over payment involved after the period upto 14.03.2002, the day preceding the issuance of instructions dated 15.03.2002 is to be made. In other-words, pay of all such employees will be re-fixed notionally from the date of grant of benefit upto 14.03.2002 and actually from 15.03.2002. Legal course of action, warranted in a case, if any, may also be followed by the department in this regard.

4. The above instructions may be treated as a part of the earlier instructions dated 15.03.2002. These may please be brought to the notice of all concerned for strict compliance.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 10/15/97-1PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, All Divisional Commissioners, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 28th April, 2003

Subject : Revision of pay scales.

Sir,

I am directed to refer to Haryana Government Notification No. GSR.3/Const/Art/ 309/1998, dated the 7th January, 1998 and No. GSR.4/Const/Art./309/1998, dated 07.01.1998 vide which the pay scales of State Government employees were revised w.e.f. 1.1.1996 and also to Finance Department letter No. 1/95/98-3PR(FD), dated 7.8.98 vide which the pay scales of some categories of employees were revised/further revised w.e.f. 01.01.1996.

2. Some departments had been requesting the Finance Department to remove the anomalies in the pay scales of certain categories of employees. Having examined the proposals received from the department, the Govt. in Finance Department, has observed that there exists no anomaly in the proposal of the department but taking a stock of the recommendations of the HPOC, it has been decided by the Government to modify/reduce the pay scales of some of the posts w.e.f. 01.02.2003 as per details given in Annexure 'A'.

3. The pay of the employees whose pay scales have been modified/reduced w.e.f. 01.02.2003 as detailed in Annexure ‗A' to this letter is to be fixed in accordance with the normal rules laid down in the Punjab Civil Services Rules Vol. I, Part-I, the rules prescribed vide extra ordinary gazette notification No. GSR.3/Const/Art/ 309/98, dated 07.01.1998 and GSR4/ Const/Art/309/98, dated 7.1.98 and the instructions issued on the subject from time to time.

Yours faithfully,

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 10/15/97-1PR(FD) Dated, Chandigarh, the 28.04.2003

A copy for information is forwarded to the following :-

The Accountant General (A&E) and Audit, Chandigarh;

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The Home Secretary, Chandigarh Administration, Chandigarh.

Sd/-

Under Secretary Finance (PR) for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To

All the Financial Commissioners & Principal Secy. to Govt., Haryana. All the Commissioners & Administrative Secretaries to Govt., Haryana.

U.O. No. 10/15/97-1PR(FD) Dated, Chandigarh, the 28.04.2003.

A copy is forwarded to the PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/ Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary, for the information of Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The PSCM/Addl. PSCM/Dy. PSCM/OSD/Sr. Secretaries/ Secretaries/Private Secretaries to Chief Minister/Ministers/ Ministers of State and Chief Parliamentary Secretary.

U.O. No. 10/15/97-1PR(FD) Dated, Chandigarh, the 28.04.2003

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ANNEXURE

(Annexure to FD letter No. 10/15/97-1PR(FD) Dated 28th April, 2003).

Sr.No.

Name of the department

Name of the Post Existing pay scales as on 01.01.1996

Modified/revised pay scales w.e.f. 01.02.2003

1. Hr. Civil Sectt. (HBPE)

(i) Financial Advisor

(ii) Personnel Advisor

10000-15200 12000-16500 as a personal measure to the present incumbents

2. Fisheries Director 12000-16500 14300-18300

3. Food & Supplies

Add. Director 12000-16500 HPOC decided to grant the pay scale of Rs. 13500-17250 in its meeting held on 14.04.1998

12000-16500

4. Health (i) Ophthalmic Assistant

5000-7850

Rs. 4500-7000 with the condition that pay of the present incumbents would be protected. AD is to amend their service rules keeping in view the provisions of rules in AIIMS. AD is to rationalise the position of scale of 60 categories mentioned in service rules in the pay scale of Rs. 5000-7850.

(ii) Dy. Dir. Mass Media

6500-10500 Regularised the grant of scale of Rs. 10000-13900 as a personal measure to her subject to the amendment in service rules.

5. Industries Commercial Artists (1)

5000-7850 5450-8000

6. Rehabilitation (i) Tehsildar (Sales)

6500-10500 8000-13500

As a personal measure to the present incumbents.

(ii) Asstt. Registrar 6500-10500

8000-13500

As a personal measure to the present incumbents.

(iii) Naib Tehsildar 5500-9000 6500-9900

As a personal measure to the present incumbents.

7. Tourism (i) Dy. Dir. Tourism

(ii) Dy. Dir. Budget & Plg.

6500-10500 7450-11500

8. Technical Education (in Engineering College, Murthal)

Sr. Draftsman 5450-8000 5500-9000

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No. 10/7/2003-2FICW

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

AIl Heads of Departments, Commissioners, Ambala, Hisar, Rohtak, Gurgaon Divisions, All Deputy Commissioners and, Sub Divisional Officers (Civil) to Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh.

Dated, Chandigarh, the 1st May, 2003

Subject : Instructions regarding vacation of rented buildings.

Sir,

I am directed to invite your kind attention to the subject noted above.

2. The State Government while increasing the Financial powers delegated under rule 19.6, Sr. No. 9 of PFR Volume I, had issued detailed guidelines vide letter No. 10/36/91-2FICW dated 1-10-91. In these instructions it was observed that various cases have come to the notice where departments keep vacating the buildings at their own level without sound reasons and also keep on hiring new buildings at their own level. The buildings should not be vacated by the department in normal course except as provided in the agreement. Wherever an agreement provides for vacation of building after specified period, the procedure for hiring of another building shall be followed which is as under :-

(a) That the space to be hired is as per norms in view of total strength of staff with a permissible variation of 10% on either side.

(b) That the requisite N.A.C. and R.R.C. have been obtained from the competent authority.

(c) That the rent has been assessed to be reasonable by the P.W.D.(B&R) Haryana

(d) That the quotations for the building proposed to be hired have been invited through a proper advertisement or alternatively by exploring all other avenues.

(e) That an agreement duly signed with the landlord with the specific condition that the rent will not be revised for a period of 5 years and revision after expiry of such period, in any case shall not exceed 25% of the original rent.

(f) The 2% of the cost of construction of the building as indicated by the assessing authority shall be utilized towards annual repair/maintenance, failing which the rent equal to such amount shall be deducted by the office and repairs got done at its own level, if required.

3. It has now come to the notice of State Govt. that some rented buildings for offices/schools etc. located in old rented buildings, which have now become parts of prime locations are being vacated by the departments at their own level without any sound reasons and without assessing the value addition due to prime location which causes a loss to the State Govt. The State Govt. have taken a serious view in this regard and it has now been decided that in all such cases the above mentioned guidelines may be followed. In case the rent is very low or situation/location is prime, the permission of Govt. should be obtained well before the expiry of agreement period and the case may be sent to C.M. for their information.

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4. This may please be brought to the notice of all concerned and receipt of this letter may be acknowledged. Yours faithfully,

Sd/- (RAM NIWAS) Special Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 10/7/2003-2FICW Dated, Chandigarh, the 1st May, 2003

A copy is forwarded to the Accountant General, Haryana, (i) A&E (ii) Audit, Chandigarh, for information.' Sd/- (SAMMAT SINGH) Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Copy is forwarded to :-

All the Financial Commissioners In Haryana, Chandigarh. All the Administrative Secretaries to Govt., Haryana, for information. Sd/- (SAMMAT SINGH) Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners in Haryana, Chandigarh. All the Administrative Secretaries to Govt. Haryana, for information. U.O. No. 10/7/2003-2FICW Dated, Chandigarh, the 1 May, 2003 A copy each is forwarded to the Principal Secretary/Additional/Dy. Principal Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary I Haryana. Sd/- (SAMMAT SINGH) Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary/OSD/

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

U.O. No. 10/7/2003-2FICW Dated, Chandigarh, the 1st May, 2003.

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 4/2/98-1FR/2558 To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 5th May, 2003 Subject : Grant of Dearness Allowance to Haryana Govt. Employees on revised and

un-revised scale of Pay.

Sir,

I am directed to refer to this Department circular letter No. 4/2/98-1FR-II/2031, dated 11.12.2002 on the subject noted above and to say that the Governor of Haryana is pleased to decide that dearness allowance payable to Haryana Govt. employees shall be enhanced from the existing rates of 52% to 55% of the pay w.e.f. from 1st January, 2003.

2. Those employees who opt to retain the pre-revised scales of pay or drawing pay in the unrevised scale after 1.1.96, the rates of DA in their case from 1st January, 2003 will be the same i.e. 55% as are applicable to the employees who are drawing the revised pay scales. However, while calculating the Dearness Allowance @ 55% in such cases, the following components will be taken into account :-

1. Basic Pay

2. Dearness Allowance applicable on 1.1.96, i.e. 148%, 111% and 96% as the case may be.

3. Interim relief-I

4. Interim relief-II.

3. The arrears on account of enhancement in Dearness Allowance from 1st January, 2003 to 30th April, 2003 in respect of all Govt. employees shall be credited to their General Provident Fund Account. However, the additional instalment of D.A. payable under these orders shall be paid in cash from 1st May, 2003 i.e. for the month of May, 2003 paid in June, 2003.

4. The other provisions regarding payment of dearness allowance contained in FD's letter No. 4/2/98-1FR-II/623, dated 30.4.99 shall continue to be applicable while regulating Dearness Allowance under these orders. Yours faithfully, Sd/- (RAM SARAN) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

***************

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No. 8/17/98-2PR(FD) From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Registrar, Punjab & Haryana High Court, Chandigarh, The L.R. and Secretary to Government, Haryana, Law Department, All Heads of Departments. All Commissioners of Divisions, All District & Sessions Judges, All Deputy Commissioners, Sub Divisional Officers (Civil) in Haryana.

Dated, Chandigarh, the 7th May, 2003

Subject : Revision of pay scales of Judicial Officers in Haryana.

Sir, I am directed to refer to the Haryana Government letter No. 8/17/98-2PR(FD), dated 28th September, 2001 vide which a copy of Haryana Government, Finance Department Notification No. GSR20/Const./Art.309/2001, dated 28th September, 2001 regarding revision of pay scales of the Judicial Officers in Haryana was circulated and Finance Department‘s letter No. 8/17/98-2PR(FD), dated 5.11.2001 vide which Government decision regarding waiving of recovery, if any, for the Judicial Officers in Haryana was conveyed to all the Heads of the Departments and to State that the Haryana Government in supersession of the above notification dated 28.9.2001 & letter dated 5.11.2001 on the directions of the Hon‘ble Supreme Court of India vide its order dated 25.11.2002 passed in CWP No. 1022/1989- All India Judges Associations & Other vs. Union of India and Other has decided to revise the pay scales of the Judicial Officers in Haryana keeping in view the recommendations of the First National Judicial Commission (Shetty Commission). A copy each of the following documents relating to the revision of pay scales of the Judicial Officers is enclosed herewith :-

1. Haryana Government Notification bearing No. GSR 11/Const./Art.309/2003 dated 7th May, 2003.

2. Statement of fixation of pay (Annexure - A) 3. Specimen of undertaking (Annexure ‗B‘ and Annexure ‗C‘)

2. The sequence of action to be taken in this regard will be as under :-

(i) On fixation of pay in the entitled revised scales of pay applicable, pay and applicable allowances thereon may be drawn and paid on the basis of revised scales of pay after deduction of enhanced subscription to the General Provident Fund with reference to the revised pay, as applicable to the concerned Judicial Officer.

(ii) Bills may be prepared and drawn in respect of the arrears of pay and allowances, if any, for the period from 1st July, 1996 to 31st March, 2003 and be deposited in the respective General Provident Fund Accounts of the concerned Judicial Officers and arrears for the month of April, 2003 should be paid in cash. Arrears, so worked out, should be paid to the Judicial Officers by 30th September, 2003.

With reference to the Judicial Officers, who have either retired or are due to retire from Government service within the period from 1.196 to 31.3.2003, the arrears should be paid in cash and shall not be deposited in the respective General Provident Fund Accounts.

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3. The claims of arrears shall be drawn only after the fixation of pay in the revised scale of pay has been pre-checked and a certification to that effect is endorsed by the concerned Drawing & Disbursing Officer authenticating the correctness of fixation of pay and calculation of arrears.

4. In order to ensure correct and systematic fixation of pay in the revised scale of pay, a proforma for the purpose (statement of fixation of pay) is enclosed. The Statement should be prepared in triplicate and one copy thereof should be pasted in the Service Book of the Judicial Officer concerned and another copy be made available to the concerned accounting authorities (Chief Accounts Officers/Accounts Officers etc. in the Department/office) for post-check. Further, while computing the authorizing the pay in the revised scales with effect from 1.1.1996, the relevant instalment of Interim Relief paid subsequent to the 1st January, 1996 will be adjusted. The instalments of dearness allowance paid from time to time between 1st July, 1996 and 31st March, 2003 shall also be adjusted while computing and authorizing the arrears.

5. It is not unlikely that the arrears due to in some cases may be computed incorrectly leading to excess payments that might have to be recovered subsequently even after this exercise. The Drawing & Disbursing Officers, while drawing arrears, should, therefore, make it clear to the employees under their administrative control that the payments are being made subject to adjustment from amounts that may be due to them subsequently in the event of any discrepancies coming to notice or detected at a later stage. For the purpose, an undertaking (specimen enclosed as Annexure ‗B‘) may be obtained in writing from every employee at the time of drawal of arrears/pay and allowances.

6. The fixation of pay and calculation of arrears shall also be subject to rectification and adjustments in those cases where a particular pre-revised scale has been granted to the Judicial Officer on the strength of some interim orders of a Court of law after the case has been decided finally and suitable appropriate decision has been taken by the Government on such final decision of the Court of Law. A specimen form of undertaking to be obtained in this respect in also enclosed as Annexure ‗C‘.

7. In authorizing the drawal of arrears, Income Tax as due, shall be deducted and credited to the appropriate Head of Account in accordance with the instructions on the subject under the Income Tax Act.

Yours faithfully,

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 7th May, 2003

A copy is forwarded to the Accountant General, Haryana (i) A&E (ii) (Audit), Chandigarh for information.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 7th May, 2003

A copy is forwarded to the Home Secretary/Finance Secretary, Chandigarh Administration, Chandigarh for information and necessary action.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 7th May, 2003

A copy is forwarded for information & necessary action to :-

1. The Director, Treasuries & Accounts, Haryana, 2. All Treasury Officers/Asstt. Treasury Officers in Haryana.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to the Chief Secretary to Government, Haryana.

He is requested to kindly take further necessary action in the matter.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Chief Secretary to Government, Haryana, (In GS-I Branch)

U.O. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 7th May, 2003

A copy for information and necessary action is forwarded to :-

All the Financial Commissioners in Haryana, and All the Commissioner & Administrative Secretaries to Government, Haryana.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Financial Commissioners in Haryana, and All the Commissioner & Administrative Secretaries to Government, Haryana.

U.O. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 7th May, 2003

A copy is forwarded to the PSCM, Sr. Secretaries/Secretaries/Private Secretaries to Ministers, Ministers of State and Chief Parliamentary Secretary for the information of Chief Minister, Ministers, Ministers of State and Chief Parliamentary Secretary.

Sd/- Under Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

U.O. No. 8/17/98-2PR(FD) Dated, Chandigarh, the 7th May, 2003

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ANNEXURE – A

Statement of fixation of pay under Hr. Civil Services (Judicial Branch) and Haryana Superior Judicial Service Revised Pay Rules, 2003

1. Name of the Judicial Officer.

2. Designation of the post held on 31.12.1995.

3. Status (Substantive/officiating)

4. Pre-revised Scale(s) of pay applicable for the post.

5. Existing emoluments as on 1st January, 1996.

(i) Basic Pay (including stagnation increments, if any)

(ii) Dearness Allowance applicable at AICPI average 1510 (1960 = 100)

(iii) Interim Relief (1st instalment)

(iv) Interim Relief (2nd instalment)

(v) Fitment Weightage @ 40% of Basic Pay

(vi) Total Existing Emoluments (i) to (iv)

6. Addl. Fitment Weightage (10% of Basic Pay)

7. Total (Sr. No. 5 (vi) & 6)

8. Applicable Revised scale of pay corresponding to the pre-revised scale shown at Sr. No. 4 above.

9. Stage in the revised scale of pay at which pay is to be fixed.

10. Revised emoluments after fixation.

11. (i) Pay in the revised scale.

(ii) Special pay, if admissible to the post.

12. Date of next increment and pay after grant of increment.

(a) Date of increment.

(b) Pay after increment.

13. Any other relevant information.

Signature and Designation of Head of Office

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ANNEXURE – B

UNDERTAKING

I hereby undertake that any excess payment that may be found to have been made as a result of incorrect fixation of pay or any excess payment detected in the light of discrepancies noticed subsequently will be refunded by me to the Government either by adjustment against future payments due to me or otherwise.

Signature: _______________________

Name: __________________________

Dated: Designation: _____________________

Place:

ANNEXURE – C

UNDERTAKING

I hereby undertake that as a result of any rectification or adjustment in the pay scale granted to me on the strength of any interim order by any Court of Law or on the basis of any interim order by any Court of Law, any excess amount which may be found to have been made as a result of relevant appropriate decision taken by the Government on the final decision of the Court of Law, will be refunded by me to the Government either by adjustment against future payments due to me or otherwise. I further undertake to abide by such relevant appropriate decision of the Government taken on the final decision of such Court of Law, as the case may be.

Signature: _______________________

Name: __________________________

Dated: Designation: _____________________

Place:

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HARYANA GOVT. GAZ. (EXTRA), MAY 7, 2003

(VYSK 17, 1925 SAKA)

HARYANA GOVERNMENT

FINANCE DEPARTMENT

NOTIFICATION

The 7th May, 2003

No. G.S.R.11/Const/Art. 309/2003.— In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf and in super session of Haryana Government, Finance Department‘s notification No. GSR 20/Const./ Art.309/2001, dated the 28th September, 2001, the Governor of Haryana hereby makes the following rules regulating the grant of revised pay to the persons appointed to the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service, namely :-

(1) These rules may be called the Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service Revised Pay Rules, 2003.

(2) They shall be deemed to have come into force on the 1st day of January, 1996.

(3) These rules are subject to the assumption that cadre classification pursuant to the Justice Shetty Commission recommendations will be made by the Administrative Department.

Application of Rules.—

2. (1) Save as otherwise provided by or under these rules, these rules shall apply to members of Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service whose pay is debitable to the Consolidated Fund of the State of Haryana.

(2) These rules shall not apply to:-

(a) persons not in whole time employment;

(b) persons employed on contract;

(c) any other class or category of persons whom the Govt. may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules.

Definitions.—

3. In these rules, unless the context otherwise requires,

(a) ―Assured Career Progression Scale‖ with reference to Judicial Officers in the Haryana Civil Service (Judicial Branch) (Senior Division and Junior Division) means the revised scale as mentioned in column ‗3‘ and ‗4‘ of Part II of Schedule I appended to these rules.

(b) ―basic pay‖ means pay drawn in the prescribed scale of pay as on 31.12.1995 for the post held by the Judicial Officer(s) as functional scale of pay for such post including stagnation increments but not including any other type of pay like ―special pay‖, ―personal pay‖ etc.

(c) ―CSR‖ means the Punjab Civil Services Rules as amended from time to time and as applicable to the State of Haryana;

(d) ―existing scale‖ in relation to any post or any member of the Judicial Service means the functional pay scale as on 31st December, 1995, prescribed for the post held by the member of service.

Explanation:- In the case of a Judicial Officer who was on the 1st day of January, 1996, on deputation in Centre/and State Government or on leave or on foreign service or

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who would have on that day officiated on one or more lower post but for his officiating in a higher post.

―existing scale‖ means the functional scale applicable to the post which he would have held but for his being on deputation or on leave or on foreign service, as the case may be, but for his officiating in a higher post, as on 31st December, 1995;

(e) ―Functional pay scale‖ in relation to a member of the Service means the pay scale which is prescribed for the post held by him. It does not mean any other pay scale in which he is drawing his pay as a personal measure to him with any other justification e.g. on higher/additional qualifications or on upgradation of pay scale due to any other reason;

(f) ―Government‖ means the Government of Haryana in the Administrative Department save as otherwise provided by or under these rules;

(g) ―Judicial Officer‖ means a member of the Judicial Services to whom these rules apply under rule 2 of these rules;

(h) ―leave‖ means any sanctioned leave as defined in CSR, except ―casual leave‖. Any absence from duty without sanction of competent authority shall not be considered as leave;

(i) ―Memorandum explanatory‖ means the memorandum explanatory appended to these rules, briefly explaining the nature, philosophy, justification, objectives, applicability etc. of these rules;

(j) ―officiating post‖ means the post which is held by the Judicial Officer to which he has not been confirmed or to which he has been appointed as a temporary measure while still retaining his lien on a different post or on which he performs the duties while another person holds a lien to such post. The Judicial Officer occupying a post while still on probation is also to be considered to be holding an officiating post. Further, if competent authority has appointed a Judicial Officer to officiate on a vacant post on which no other Judicial Officer holds a lien, even such appointment shall be an appointment against an officiating post;

(k) ―pay‖ means the basic pay drawn monthly by a Judicial Officer, other than special pay or pay granted in lieu of his personal qualifications of his length of service, in the functional pay scale, which has been sanctioned for a post held by him substantively or in an officiating capacity or in case where no separate functional pay scale is sanctioned for the post held by the Judicial Officers constituting a cadre, in the pay scale to which he is entitled by reason of his position in a cadre;

(l) ―pay scale as a personal measure to the Judicial Officer‖ with reference to any Judicial Officer means any scale of pay, other than the existing scale, in which such officer is drawing his pay, including ACP I and ACP II, as the case may be, with respect to the Judicial Officers to whom these rules apply;

(m) ―revise pay‖ means basic pay of a Judicial Officer in the revised pay scale prescribed for the post held by the Judicial Officer;

(n) ―revised scale‖ in relation to any post or any Judicial Officer occupying such post, means revised functional scale of pay prescribed for such post in place of the existing functional pay scale under these rules;

(o) ―schedule‖ means the schedules appended to these rules;

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(p) ―substantive pay‖ means pay drawn by the Judicial Officer on the post to which he has been appointed substantively or by reason of his substantive position in a cadre.

Revised Scale of Pay.—

4. The revised scale of pay of the members of the service specified in column 2 of the First Schedule appended to these rules shall be as specified against the same in column 4 of the above said part of the schedule.

Eligibility for the Grant of ACP Scales.—

5. (1) Every member of Haryana Civil Services (Judicial Branch) who, after regular satisfactory service for regular period of five years has not got any financial upgradation in terms of grant of a pay scale higher than the functional pay scale prescribed for the post as on 31.12.1995, on which he was recruited as a direct recruited fresh entrant or after placement in the Senior Division, as the case may be, shall be eligible, for placement in the first ACP scale.

(2) Every member of the Haryana Civil Services (Judicial Branch) who, after regular satisfactory service for minimum period of 10 years has not got more than one financial upgradation in terms of grant a pay scale higher than the functional pay scale prescribed for the post as on 31.12.1995, on which he was recruited fresh entrant or after placement in the Senior Division, as the case may be, shall be eligible for placement in the 2nd ACP scale.

Grant of Assured Career Progression Sales.—

6. (1) Rule 5 lays down the eligibility conditions for placement in the relevant pay scales and does not authorise the placement automatically for placement in the ACP scales in which the member of Haryana Civil Services (Judicial Branch) is eligible for placement under these rules. The authority competent to grant the promotion in the case of such officers shall pass suitable orders for grant of ACP scales under these rules on appraisal of their work and performance authorising the placement of such officers in the appropriate ACP scales.

Explanation:- The ―authority competent‖ for the purpose of this rule mean the authority competent in the case of promotion for the respective categories of post.

(2) The ACP scales so granted shall be effective from the 1st date of the succeeding month in which it was due and not from the date from which the orders were issued by the competent authority, if the orders so issued by the competent authority has been issued on a date which is different from the due date of eligibility.

Provided that the Member of the Haryana Civil Services (Judicial Branch) will draw his pay only after the orders for granting such scale are issued by competent authority in relevant ACP scale.

Fixation of initial Pay in the Revised Scales.—

7. (1) The initial pay of a Judicial Officer shall be fixed from 1st of January, 1996, as recommended by Justice Shetty Commission in para 15.90 in the following manner, namely :-

(i) an amount representing 10 percent of the basic pay (in the form of additional fitment benefit) as on 1.1.1996, in the existing scale shall be added to the ―existing emoluments‖ of the Judicial Officer;

(ii) after the existing emoluments have been so increased, the pay shall, thereafter, be fixed in the revised scale at the stage equal to such computed amount in this sub-rule and in case there is no such stage in

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the revised scale equal to such computed amount in this sub rule, at the stage next above the amount thus computed in the revised scale;

Provided that-

(a) If the minimum of the revised scale is more than the amount so computed under sub-rule (1) above, the pay shall be fixed at the minimum of the revised scale;

(b) if the amount so computed under sub-rule(1) above is more than the maximum of the revised scale, the pay shall be fixed at the maximum of that scale;

Explanation : For the purpose of this clause ―existing emoluments‖ shall include,

(a) the basic pay in the existing scale;

(b) dearness allowance appropriate to the basic pay admissible at index average 1510 (1960 = 100); and

(c) the amount of first and second instalment of interim relief admissible on the basic pay in the existing scale;

(d) Fixation benefit of 40% of basic pay as on 1.1.1996.

Note 1 : Where a Judicial Officer is on leave on the 1st day of January, 1996, he shall become entitled to pay in the revised scale of pay from the date he joins duty.

Note 2 : In case of a Judicial Officer under suspension, he shall continue to draw subsistence allowance based on existing scale of pay and his pay in the revised scale of pay will be subject to final order on the pending disciplinary proceedings or otherwise a final order, as the case may be.

Note 3 : Where the existing emoluments as calculated in accordance with the principles given above exceed the maximum of the revised pay scale in the case of any Judicial Officer, the difference shall be allowed as personal pay to be absorbed in future increases in pay.

Date of Next Increment in the Revised Scale.—

8. (1) The next increment of a Judicial Officer whose pay has been fixed in the revised scale in accordance with sub-rule (1) of rule 7 shall be granted on the date he would have drawn his increment, had he continued in the exiting scale.

(2) If an officer draws his next increment in the revised scale under sub-rule (1) above and thereby becomes eligible for higher pay than his senior whose next increment falls due at a later date, then pay of such senior shall be refixed equal to pay of the junior from the date on which the junior become entitled to the higher pay. In case where the pay of an officer is stepped up, the next increment shall be granted after completing requisite full qualifying service.

(3) In the case of an officer who reaches stagnation level, shall be eligible for the grant of biennial stagnation increment(s) subject to such increments not exceeding 5 in a particular cadre.

Payment of Arrear.—

9. The arrears from 1st July, 1996 till 31.3.2003, shall be deposited to the corresponding General Provident Fund account of the Judicial Officer with the restriction that the arrears having been deposited on this account will not be allowed to be withdrawn by the Judicial Officer for one year from the date it is so deposited under these rules. The arrears from 1.4.2003 onward, will be paid in cash to the officer concerned.

Explanation : For the purpose of this rule ―Arrears of pay‖ in relation to a Judicial Officer means the difference as a consequence to applicability of these rules between :-

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(i) the aggregate of pay and allowances to which he is entitled on account of the revision of his pay and allowances under these rules, for the relevant period; and

(ii) the aggregate of the pay and allowances already drawn by him for that period.

Overriding effect of rules.—

10. The provisions of CSR or any other rules made in this regard shall not, save as otherwise provided in these rules, apply to cases where pay is regulated under these rules to the extent the same are inconsistent with these rules.

Power to make addition or deletion etc.—

11. Where the Government is satisfied that there is a necessity to make additions or to delete any class or categories of posts or change the designations and scales of pay either permanently or temporarily in the First Schedule of these rules, the Government will be competent to add or delete or to change such conditions. The provisions of these rules will apply on such additions or deletions or changes as the Government may direct by specific orders or, in the absence of that, all the provisions of these rules shall apply as if the changes were made under these rules.

Interpretation.—

12. If any question arises relating to the interpretation of any of the provisions of these rules, it shall be referred to the Government in the Finance Department whose decision thereon shall be final.

Residuary Provisions.—

13. In the event of any general or special circumstance(s) which is not covered under these rules or above which certain inconsistency comes to the notice at a later stage, the matter shall be referred to the Government and the Government, in consultation with the Finance Department, will prescribe the conditions to be followed under such circumstances. Such conditions as prescribed by the Government under this rule shall be deemed to be part of these rules. Further, if the Government is satisfied that there is a requirement to prescribe certain additional conditions under these rules, the Government shall prescribe such conditions and such additional conditions as prescribed by the Govt. under this rule shall be deemed to be the part of these rules.

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HARYANA GOVT. GAZ. (EXTRA), MAY 7, 2003

(VYSK 17, 1925 SAKA)

First Schedule

Part I (Revised Pay Scales)

Sr. No.

Service Existing Scale Revised Pay Scale

1 2 3 4

A. Haryana Civil Service (Judicial Branch)

(i) Time Scale Rs. 2200-4000 Civil Judge (Junior Division) Entry Level 9000-250-10750-300- 13150-350-14550

(ii) Senior Scale Rs. 3000-4500

(On completion of 5 years regular and satisfactory service)

Civil Judge (Senior Division) Entry Level 12850-300-13150-350-15950-400-17550

(iii) Selection Grade

Rs. 4100-5300 (for 20% of the cadre on completion of 12 years regular & satisfactory service)

B. Haryana Superior Judicial Service

(i) District Judge

(Entry Level)

Rs. 3200-100-3700-125-4700-150-5600 (Time Scale)

16750-400-19150-450-20500

(ii) Selection Grade

Rs. 5900-200-6700 (Selection Grade for 20% of the cadre of Haryana Superior Judicial Service)

18750-400-19150-450-21850-500-22850 (for 25% of the posts with 5 years‘ service in cadre subject to suitability)

(iii) Super Time Scale

Not Existing Super Time Scale

22850-500-24850 (for 10% of the posts in the cadre as District Judge with minimum of 3 years service in Selection Grade)

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Part II

[ACP Scales for members of Haryana Civil Services (Judicial Branch only)]

Sr. No.

Service with Entry Scale

1st ACP Scale 2nd ACP Scale

1 2 3 4

1 Civil Judge (Junior Division) 9000-250-10750-300-13150-350-14550

10750-300-13150-350-14900 (After 5 years of regular satisfactory service)

12850-300-13150-350-15950-400-17550 (After another 5 years of the grant of 1st ACP scale)

2. Civil Judge (Senior Division) 12850-300-13150-350-15950-400-17550

14200-350-15950-400-18350 (After 5 years of regular satisfactory service, after placement in the senior division)

16750-400-19150-450-20500 (after another 5 years of the grant of 1st ACP scale)

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Memorandum Explanatory to the Haryana Civil Services (Judicial Branch) and Haryana Superior Judicial Service Revised Pay Rules, 2003.

Rule 1. This Rule is self-explanatory.

Rule 2. This rule lays down the categories of Judicial Officers to whom the rules, except for the categories excluded under sub rule (2) of rule 2, the rules are applicable to all Judicial Officers appointed under the rule making power of the Government of Haryana serving in connection with the affairs of Government of Haryana and whose pay is debitable to the Consolidated Fund of the State of Haryana. They do not apply to any other categories of officers.

Rule 3. The rule is self-explanatory.

Further, wherever the terms defined under this rule are mentioned in these rules or in any other rules/instructions/orders/notifications etc. issued in connection with these rules, definitions as prescribed under this rule are to be taken as the meaning of such terms unless specifically a different definition is prescribed for such terms to be taken as meaning for and in these rules or, as the case may be, in any other rules/instructions/orders/notifications etc.

Rule 4. Scale of pay is the revised functional pay scale prescribed for the post as a consequence of these rules. The fundamental sense is that these rules prescribe the revised functional pay scale for the services and do not prescribe replacement scales in general. The existing scales, as mentioned in the Schedule of this rule, have been mentioned only with the objective of deriving as to what shall be the revised functional pay scales and for no other purpose.

Rule 5. The rule is self-explanatory.

It lays down the conditions which are essential to be met by an officer of the Judicial Service to be eligible for the grant of benefit under these rules.

Rule 6. The rule is self-explanatory.

The rule lays down the authorization of the grant of the benefit to be extended under these rules.

Rule 7. This rule deals with the actual fixation of pay in the revised functional pay scales on 1st January, 1996. For the purpose of these rules, the procedure under this rule, and no other procedure under any other rule, shall be followed. A few illustrations indicating the manner in which pay of a member of the Service(s) should be fixed under this rule, subject to the permissible stepping up of pay under notes, in this rule are as follows:-

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Illustration - I

‗X‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay in the existing scale of Rs. 2200-4000 at the stage of Rs. 2350/- as on 1.5.95. His pay will be fixed as under :-

Existing Scale 2200-4000

Revised Scale 9000-250-10750-300-13150-350-14550

Basic Pay as on 1.1.96 2350/-

D.A. on pay as on 1.1.96 3478/-

IR - I: 100/-

IR - II: 235/-

Fixation benefits of 40% of basic pay as on 1.1.1996

940/-

Existing emoluments: 7103/-

Add 10% of Basic Pay: 235/-

Total 7338/-

Pay to be fixed 9000/-

Date of next increment 1.5.96.

Illustration - II

‗Y‘, a member of the Haryana Civil Service (Judicial Branch) was drawing his pay in the existing scale of Rs. 2200-4000 at the stage of Rs. 2500/- as on 1.9.95. His pay will be fixed as under :-

Existing Scale 2200-4000

Revised Scale 9000-14550

Basic Pay as on 1.1.96 2500/-

D.A. on pay as on 1.1.96 3700/-

IR - I: 100/-

IR - II: 250/-

Fixation benefits of 40% basic pay as on 1.1.1996 1000/-

Existing emoluments: 7550/-

Add 10% of Basic Pay: 250/-

Total 7800/-

Pay to be fixed 9000/-

Date of next increment 1.9.96.

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Illustration - III

‗A‘, a member of the Haryana Civil Service (Judicial Branch), was drawing his pay at the stage of Rs. 3625/- in the Senior Scale of Rs. 3000-4500 as on 1.8.95. His pay as on 1.1.96 will be fixed as under :-

Existing Scale 3000-4500 (Senior Scale)

Revised Scale 12850-17550 (2nd ACP)

Basic Pay as on 1.1.96 3625/-

D.A. as on 1.1.96 5180/-

IR - I: 100/-

IR - II: 363/-

Fixation benefits of 40% of Basic Pay as on 1.1.96 1450/-

Existing emoluments: 10718/-

Add 10% of Basic Pay: 363/-

Total 11081/-

Pay to be fixed w.e.f. 1.1.1996. 12850/-

Date of next Increment 1.8.96.

Illustration – IV

‗B‘, a member of Haryana Civil Service (Judicial Branch), was drawing his pay at the stage of Rs. 4600/- w.e.f. 1.3.1995 in the Selection Grade of Rs. 4100-5300. His pay as on 1.1.96 will be fixed as under :-

Existing Scale 4100-5300 (Selection Grade)

Revised Scale 12850-17550 (Senior Division)

Basic Pay as on 1.1.96 4600/-

D.A. 5180/-

IR - I: 100/-

IR - II: 460/-

Fixation benefits of 40% of Basic pay as on 1.1.96.

1840/-

Existing emoluments: 12180/-

Add 10% of Basic Pay: 460/-

Total emoluments 12640/-

Pay to be fixed w.e.f. 1.1.1996 12850/-

Date of next increment 1.3.96.

468

Illustration - V

‗C‘, a member of the Haryana Superior Judicial Service, was drawing his pay at the stage of Rs. 3600/- in the existing scale of Rs. 3200-5600 w.e.f. 1.7.1995. His pay on 1.1.1996 will be fixed as under :-

Existing Scale 3200-5600

Revised Scale 16750-20500

Basic Pay as on 1.1.96 3600/-

D.A. on pay as on 1.1.96 5180/-

IR- I: 100/-

IR- II: 360/-

Fixation benefit of 40% of Basic Pay as on 1.1.1996

1440/-

Existing emoluments: 10680/-

Add 10% of Basic Pay: 360/-

Total: 11040/-

Pay to be fixed w.e.f. 1.1.96 16750/- (minimum of the scale)

Date of next increment 1.7.96

Illustration - VI

‗D‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of Rs. 5450/- in the Time-Scale of Rs. 3200-5600 as on 1.9.95. His pay as on 1.1.96 will be fixed as under :-

Existing Scale: 3200-5600 (Time scale)

Revised Scale: 16750-20500

Basic Pay as on 1.1.96 5450/-

D.A. on pay as on 1.1.96 6050/-

IR- I: 100

IR- II: 545/-

Fixation benefit of 40% of Basic Pay as on 1.1.96 2180/-

Existing emoluments: 14325/-

Add 10% of Basic Pay 545/-

Total 14870/-

Pay to be fixed: 16750/- (minimum of scale)

Date of next increment 1.9.96

Note : Once the pay is fixed in the revised scale under these rules as above, it is likely that this officer might fall within the 25% cadre zone and hence entitled to be placed in the Selection grade of Rs. 18750-22850 (subject to being found suitable). That being so, his pay from the revised time-scale will be fixed in the newly introduced Selection Grade under the CSR, after orders to this effect are issued by the competent authority.

469

Illustration - VII

‗E‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of Rs. 6100/- in the existing Selection Grade of Rs. 5900-6700 w.e.f. 1.11.95. His pay with effect from 1.1.96 will be fixed as under :-

Existing Scale 5900-6700 (Selection Grade)

Revised Scale 18750-22850 (Selection Grade)

Basic Pay as on 1.196 6100/-

D.A. as on 1.1.96 6660/-

IR-I: 100/-

IR-II: 610/-

Fixation benefit of 40% of Basic Pay as on 1.1.1996

2440/-

Existing emoluments: 15910/-

Add 10% of Basic Pay: 610/-

Total 16520/-

Pay to be fixed: 18750/-

Date of next increment: 1.11.96

Illustration - VIII

‗F‘, a member of Haryana Superior Judicial Service, was drawing pay at the stage of Rs. 6500/- in the Selection Grade of Rs. 5900-6700 as on 1.9.95. His pay as on 1.196 will be fixed as under :

Existing Scale 5900-6700 (Selection Grade)

Revised Scale: 18750-22850

Basic Pay as on 1.1.96 6500/-

D.A. on pay as on 1.1.96 6660/-

IR- I: 100/-

IR-II: 650/-

Fixation benefit of 40% of Basic Pay as on 1.1.96. 2600/-

Existing emoluments 16510/-

Add 10% of Basic Pay: 650/-

Total: 17160/-

Pay to be fixed w.e.f. 1.1.96 18750/-

Date of next increment 1.9.96

Note : These illustrations given above are only illustrations and may or may not be actually existing in case of any Judicial Officer.

470

This rule prescribes the fixation of pay in the revised prescribed functional pay scales for the post (substituting the existing functional pay scales for the corresponding post) as a consequence of the application of these rules. It is not aimed at any other objective e.g. as a consequence of higher responsibility etc. Therefore, wherever the calculated amount, which is to be fixed in the revised functional pay scale, finds an identical stage in the revised functional pay scale, no further up gradation of stage as a consequence of fixation of pay alone is admissible. However, wherever no such identical stage is found in the revised functional pay scale, the pay shall be fixed at the stage next above with the objective to bring the Judicial Officer in the revised functional pay scale.

The rule further provides that with the objective of bringing the Judicial Officers in the

revised pay scales, wherever the computed amount is less than the minimum of the revised

functional pay scale, the pay shall be fixed at the minimum of the revised scale. The rule further

prescribes certain additional benefits to be granted in the manner as prescribed over and above

the entitled calculated amount which is to be taken into account while fixing pay in the revised

functional pay scale to off-set the consequences of bunching and stagnation. Different systems

have been prescribed for different categories of circumstance.

Rule 8. This rule prescribes the manner in which the next increment in the new scale should

be regulated. The provisos to this rule are intended to take care of the anomalies of senior

Judicial Officers drawing lower pay than their juniors similarly placed by the operation of

substantive part of this rule and also taking care of the Judicial Officers who have been drawing

pay at the maximum of the existing scale for more than one year as on 1.1.96. However, the

benefit of this rule will be granted in relation to both the senior and junior drawing their pay in the

functional pay scales prescribed for the post.

Rule 9. The rule is self-explanatory.

Rule 10. The rule is self-explanatory.

Rule 11. The rule is self-explanatory.

Rule 12. The rule is self-explanatory.

Rule 13. The rule is self-explanatory.

CHANDER SINGH Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

****************

471

From The Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To All Heads of Department, The Registrar, Punjab and Haryana High Court, Chandigarh, Commissioners of Divisions, All Deputy Commissioners in Haryana, Managing Directors of all Boards and Corporations in Haryana. Memo No. 28/26/2001-5B&C

Dated, Chandigarh, the 9th May, 2003 . Subject : Audit of foreign travel expenditure. Reference the subject noted above. 2. A copy of Govt. of India, Ministry of External Affairs letter bearing No. Q/FD/ 695/3/2000 dated 1st Dec, 2000 regarding daily allowance rates to be given for the journeys abroad on duty in various countries is enclosed. It is requested that contents of these instructions may kindly be strictly adhered to by all concerned. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

A copy is forwarded to all the Financial Commissioner & Principal Secy. to Govt. Haryana and all Administrative Secretaries to Govt. Haryana for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

1. All the Financial Commissioners & Principal Secretaries to Govt., Haryana.

2. All Administrative Secretaries to Govt., Haryana.

U.O. No. 28/20/2001-5B&C Dated : 9.5.2003

Endst. No. 28/20/2001-5B&C Dated : 9.5.2003

A copy is forwarded to Accountant General (Audit) Haryana for information. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Contd… Encl.

472

No. Q/FD/695/3/2000

GOVERNMENT OF INDIA

MINISTRY OF EXTERNAL AFFAIRS

Order

December 1, 2000 Subject : Daily Allowance Rates. In pursuance of Ministry of Finance Department of Expenditure‘s Office Memorandum No. 7(4)E- Coord/2000 dated 24.9.2000 regarding guidelines on expenditure management and in partial modification of this Ministry‘s Order No. Q/FD/695/1/90, dated 11th November, 1996 and dated 7th July, 1997 and subsequent corrigendum and addendums issued in this regard, sanction of the President is hereby accorded to the payment of daily allowance for journeys on duty in various countries abroad as in the Annexure. All other terms and conditions on daily allowance for journeys on duty abroad shall remain unchanged. 2. This order takes effect from September 24, 2000 till further orders. 3. This issues with the concurrence of the Ministry of Finance (Dept. of Expenditure) vide their U.O. No. 1046-EIV/2000-DC dated 20.11.2000 and Integrated Finance Division of this Ministry vide their Dy. No. 6207 dated 01.12.2000. Sd/- (A.K. Singh) Director of the Govt. of India. Copy to :- 1. All Indian Missions/Posts abroad.

2. The Director of Audit, Washington/London.

3. The Director of Audit, CR, New Delhi.

4. The Chief Controller of Accounts, MEA, New Delhi.

5. The Comptroller and Auditor General, New Delhi.

6. The Resident Audit Officer, MEA, New Delhi.

7. Fin.I/ Cash I/II/III/GA Sections, MEA, New Delhi.

8. All Ministries/Departments of Government of India. They are requested to circulate these Orders to all subordinate offices/PSU‘s under their control.

9. Office of Chief Secretaries of State Govt./Union Territories. They are requested to circulate these Orders to all subordinate offices/PSU‘s under their control.

10. India Entertainment Centre, New Delhi.

11. Indian Council of Cultural Relations, New Delhi.

12. 50 Spares Copies. Sd/- (A.K. Singh) Director of the Govt. of India.

473

Sr. No.

Name of the Country Daily Allowance (US.$)

1. Afghanistan 56.25

2. Albania 56.25

3. Algeria 56.25

4. American Samoa 45.00

5. Angola 56.25

6. Anguilla 56.25

7. Antigua and Barbuda 56.25

8. Argentina 56.25

9. Armenia 56.25

10. Aruba 56.25

11. Australia 75.00

12. Austria 75.00

13. Azerbaijan 56.25

14. Bahamas, The 56.25

15. Bahrain 56.25

16. Bangladesh 45.00

17. Barbados 56.25

18. Belarus 56.25

19. Belgium 75.00

20. Belize 45.00

21. Benin 45.00

22. Bermuda 56.25

23. Bhutan 45.00

24. Bolivia 56.25

25. Bosnia and Herzegovina 56.25

26. Botswana 56.25

27. Brazil 56.25

28. British Virgin Islands 45.00

29. Brunei 75.00

30. Bulgaria 56.25

31. Burkina Faso 45.00

32. Burundi 45.00

33. Cameroon 45.00

34. Canada 75.00

35. Cape Verde 45.00

36. Cayman Islands 45.00

37. Central African Republic 45.00

38. Chad 45.00

39. Chile 56.25

40. China 75.00

41. Colombia 56.25

42. Comoros 45.00

Sr. No.

Name of the Country Daily Allowance (US.$)

43. Congo, Democratic Republic of the

45.00

44. Cook Islands 45.00

45. Costa Rica 56.25

46. Croatia 56.25

47. Cuba 56.25

48. Cyprus 75.00

49. Czech Republic 56.25

50. Denmark 75.00

51. Djibouti 45.00

52. Dominica 56.25

53. Dominican Republic 56.25

54. Equator 56.25

55. Egypt 56.25

56. El Salvador 56.25

57. Equatorial Guinea 56.25

58. Estonia 56.25

59. Ethiopia 45.00

60. Fiji 45.00

61. Finland 75.00

62. France 75.00

63. French Guiana 45.00

64. Gabon 45.00

65. Gambia 45.00

66. Gaza (PNA) 56.25

67. Georgia 56.25

68. Ghana 45.00

69. Germany 75.00

70. Gibraltar 75.00

71. Greece 75.00

72. Grenada 56.25

73. Guadeloupe 56.25

74. Guam 45.00

75. Guatemala 56.25

76. Guinea Island 45.00

77. Guinea 45.00

78. Guyana 56.25

79. Haiti 56.25

80. Holy See (Vatican City) 75.00

81. Honduras 56.25

82. Hong Kong 75.00

83. Hungary 56.25

84. Iceland 75.00

474

Sr. No.

Name of the Country Daily Allowance (US.$)

85. Indonesia 56.25

86. Iran 56.25

87. Iraq 56.25

88. Ireland 75.00

89. Israel 56.25

90. Italy 75.00

91. Ivory Coast 45.00

92. Jan Mayan

93. Japan 45.00

94. Jordan 45.00

95. Kampuchean (Cambodia) 56.25

96. Kazakhstan 56.25

97. Kenya 45.00

98. Kiribati 45.00

99. Korea, North 45.00

100. Korea, South 75.00

101. Kuwait 56.25

102. Kyrgyzstan 56.25

103. Laos 45.00

104. Latvia 56.25

105. Lebanon 45.00

106. Lesotho 45.00

107. Liberia 45.00

108. Libya 45.00

109. Liechtenstein 75.00

110. Lithuania 75.00

111. Luxembourg 75.00

112. Macau 45.00

113. Macedonia 56.25

114. Madagascar 45.00

115. Malawi 45.00

116. Malaysia 56.25

117. Maldives 45.00

118. Mali 45.00

119. Malta 75.00

120. Martinique 56.25

121. Mauritania 45.00

122. Mauritius 45.00

123. Mexico 56.25

124. Micronesia, Federated States of 75.00

125. Moldova 56.25

126. Monaco 45.00

Sr. No.

Name of the Country Daily Allowance (US.$)

127. Mongolia 45.00

128. Montserrat 56.25

129. Morocco 45.00

130. Mozambique 45.00

131. Namibia 56.25

132. Nauru 45.00

133. Nepal 45.00

134. Netherlands 75.00

135. Netherlands Antilles 56.25

136. New Caledonia 45.00

137. New Zealand 75.00

138. Nicaragua 56.25

139. Niger 45.00

140. Nigeria 45.00

141. Niue 45.00

142. Norway 75.00

143. Oman 56.25

144. Pakistan 45.00

145. Panama 56.25

146. Papua New Guinea 75.00

147. Paucity Islands (Trust territory) 56.25

148. Paraguay 56.25

149. Peru 56.25

150. Philippines 56.25

151. Principality of Liechtenstein (Vaduz)

75.00

152. Poland 56.25

153. Portugal 75.00

154. Puerto Rico 56.25

155. Qatar 56.25

156. Republic of Palau 56.25

157. Republic of San Marino 75.00

158. Republic of Slovenia 75.00

159. Reunion 45.00

160. Romania 75.00

161. Russian Federation 56.25

162. Rwanda 45.00

163. Saint Kitts and Nevis 45.00

164. Saint Lucia 45.00

165. Saint Vincent and the Grenadines 45.00

166. Samoa 45.00

167. Sao Tome and Principe 45.00

168. Saudi Arabia 56.25

475

Sr. No.

Name of the Country Daily Allowance (US.$)

169. Senegal 45.00

170. Seychelles 56.35

171. Sierra Leone 45.00

172. Singapore 56.25

173. Solomon Islands 45.00

174. Somalia 45.00

175. South Africa 56.25

176. Spain 75.00

177. Sri Lanka 45.00

178. Sudan 45.00

179. Suriname 56.25

180. Swaziland 45.00

181. Sweden 75.00

182. Slovakia Republic 56.25

183. Switzerland 75.00

184. Syria 56.25

185. Tajikistan 56.25

186. Tanzania 45.00

187. Thailand 56.25

188. Togo 45.00

189. Tonga 45.00

190. Trinidad and Tobago 56.25

191. Tunisia 45.00

Sr. No. Name of the Country Daily Allowance (US.$)

192. Turkey 75.00

193. Turkmenistan 56.25

194. Turks and Caicos Islands 56.25

195. Turks and Caicos Islands 56.25

196. Tuvalu 45.00

197. Uganda 45.00

198. United Arab Emirates 56.25

199. United Kingdom 75.00

200. United States 75.00

201. Uruguay 56.25

202. US Virgin Islands 45.00

203. Uzbekistan 56.25

204. Vanuatu 56.25

205. Venezuela 56.25

206. Vietnam 45.00

207. Wallis and Futuna 45.00

208. Yugoslavia 56.25

209. Yemen 45.00

210. Wallis Future Islands 45.00

211. Zaire 45.00

212. Zamora 45.00

213. Zimbabwe 56.25

***************

476

No. 4/7/99-6FR-II/2933 From The Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners, S.D.Os (Civil) in Haryana. The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 19th May, 2003 Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana

Government on revised and unrevised pension/family pension. Sir/Madam, I am directed to invite a reference to letter No. 4/7/99-4FR-II/2086, dated 11th December, 2002, on the subject noted above and to say that the Governor of Haryana is pleased to decide that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to compensate them for the rise in the cost of living beyond the average Consumer Price Index Level 306.33 (as on 1.1.96), at the following rates on unrevised and revised pension/family pension with effect from 1st January, 2003 to modified as below :-

Rates of Dearness Relief on unrevised pension/family pension

Date from which

payable

Pension/Family Pension Per month

Rate of dearness relief per month

1.1.2003 (i) Not exceeding Rs. 1750/- 286% of the Pension/Family Pension.

(ii) Exceeding Rs. 1750/- but not exceeding Rs. 3000/-.

214% of the Pension/Family Pension subject to a minimum of Rs. 5005/-.

(iii) Exceeding Rs. 3000/- 185% of the Pension/Family Pension subject to a minimum of Rs. 6420/-

B. Rate of Dearness Relief on revised Pension/Family Pension.

Date on which payable Rate of Dearness relief per month

1.1.2003 55% of Pension/Family Pension

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

477

3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned. 5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 55% of pension family pension w.e.f. 1st January, 2003. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner alongwith dearness relief orders. It will now be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 7. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (Ram Saran) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

***************

478

No. 34/2/94-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 19th May, 2003 Subject : Rate of interest to be charged on House Building/Motor Carl Scooter/Motor

Cycle/Moped/Cycle/Computer and Marriage Advance granted to the Govt. employee for the financial year 2003-2004.

Sir, I am directed to refer to the subject noted above and to say that the matter regarding charging of interest on various loans and advances given to the Government employees including AIS Officers has been considered and it has been decided to charge interest on various loans and advances granted/sanctioned during the financial year 2003-2004 at the rates given below :-

1. Cycle Advance 7%

2 Motor Car/Motor Cycle/ Scooter/Moped Advance 8%

3. House Building Advance 8%

4. Marriage Advance 8%

5. Computer Advance 8%

2. Further, it has also been decided that wherever loans have been/are sanctioned/granted for the second time in respect of House Building Advance/Motor Car/Motor cycle/Scooter/Moped/Marriage and Computer, the rate of interest shall be @ 9% in all such cases. 3. In case of mis-utilisation of any loan, penal interest @ 10% per annum will be charged from the applicant over and above normal rate of interest. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (A.L. Narang), Under Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

479

No. 34/2/94-WM(3) Dated, Chandigarh, the 19-5-03 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (A.L. Narang), Under Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 34/2/94-WM(3) Dated, Chandigarh, the 19-5-03 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. All the Financial Commissioner & Administrative Secretaries, to Government Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Hon'ble Speaker, Haryana Vidhan Sabha. MDs. of Various Boards/Corpns. in Haryana (IAS Officers only). Vice Chancellors of Universities and Directors of Medical Colleges in Haryana State. Sd/- (A.L. Narang), Under Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/ Deputy Principal Secretary/Officers on Special Duty Senior Secretaries/Secretaries/Private Secys. to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/ Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (A.L. Narang), Under Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/Deputy Principal

Secretary Officers on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/ State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 19.5.03

***************

480

No. 34/2/93-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 19th May, 2003 Subject : Rate of interest on deposits in the General Provident Fund and other similar

funds for the financial year 2003-2004. Sir, In continuation of Haryana Government letter of even number dated 31.5.2002 on the above subject. I am directed to say that it has been decided to fix the rate of interest at 8% per annum on deposits in the General Provident Fund w.e.f. 1st April, 2003 and also on the accumulations as these stood on 31st March, 2003. This rate of interest will remain in force during the financial year 2003-04. 2. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (A. L. Narang), Under Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (A.L. Narang), Under Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 34/2/94-WM(3) Dated, Chandigarh, the 19-5-03 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. All the Financial Commissioner & Administrative Secretaries to Government, Haryana.

481

State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Hon'ble Speaker, Haryana Vidhan Sabha. MDs. of Various Boards/Corpns. in Haryana (IAS Officers only). Vice Chancellors of Universities and Directors of Medical Colleges in Haryana State. Sd/- (A.L. Narang), Under Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Addl. Principal Secretary/ Deputy Principal Secretary/Officers on Special Duty Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/ Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (A.L. Narang), Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary Officers on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman Planning Board. U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 19.5.03

***************

482

No. 2/1(2)/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 26th May, 2003

Subject : Disbursement of Pay and Allowances/Pension for the month of May, 2003.

Sir, I am directed to say that in view of the Gazetted holidays falling on the 31st May and 1st June, 2003 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the May, 2003 for all Gazetted/ Non Gazetted Haryana Govt. employees and pension for the month of May, 2003 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 30th May, 2003. Yours faithfully, Sd/- (RAM SARAN) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 26th May, 2003. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (RAM SARAN) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 26th May, 2003. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for

483

Haryana State for information. Sd/- (RAM SARAN) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioner & Principal Secretaries to Govt., Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (RAM SARAN) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioner & Principal Secretaries to

Government, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 26th May, 2003. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary.

Sd/- (RAM SARAN) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/

Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 26th May, 2003.

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484

Subject : Regarding various purchases in the State Govt. Department. (Copy of letter No. 5/6/2003-1B&C dt. 30th May, 2003) I am directed to address you on the subject noted above and to say that the State Government has decided that all the purchases for which provisions are made in the State Budget on Plan & Non Plan Accounts, should be made by the end of December each year. In this regard all the formalities should be completed by the period. Finance Department will not release funds to the departments for purchases of any kind during the last quarter of the financial year. 2. The above instructions may kindly be brought to the notice of all concerned for strict compliance.

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485

No. 12/1/6/HBPE/FD/SA From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners Ambala, Hisar, Rohtak and Gurgaon Division, The Managing Directors/Chief Executives/ Chief Administrators of All Corporations/ Companies/Boards/Co-operative Institutions etc. in the State Dated, Chandigarh, the 2nd June, 2003 Subject : Introduction of Voluntary Retirement Scheme (VRS) for the employees of State

Public Enterprises. Sir, I am directed to refer to this office letter No. 12/1/6/HBPE/FD/SA2, dated 13.2.2001 on the subject noted above whereby it was conveyed that Public Enterprises, who have decided to introduce Voluntary Retirement Scheme must obtain the approval of Administrative Department as well as of the Finance Department before implementing the scheme. 2. The said matter has been reconsidered and it has now been decided by the Government that there is no need for a VRS in the Boards/Corporations in the present circumstances. 3. Kindly acknowledge receipt of this communication. Yours faithfully, Sd/- Management Consultant (HBPE), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all Financial Commissioners/Commissioners & Secretaries to Govt. Haryana for information and necessary action. Sd/- Management Consultant (HBPE), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners/Administrative Secretaries to Government Haryana. U.O. No. 12/1/6/HBPE/SA Dated, Chandigarh, the 2-6-2003

486

Endst. No. 12/1/6/HBPE/SA Dated, Chandigarh, the 2-6-2003 A copy is forwarded to all Heads of Departments, Haryana for information and necessary action. Sd/- Management Consultant (HBPE), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

CC :-

All officers in Finance Department. All Branches in Finance Department.

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487

No. 34/1(1)91-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments, All Commissioners of Divisions, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners, All Sub Divisional Officers (Civil), All District & Session Judges. Dated, Chandigarh, the 5th June, 2003 Subject : Rate of interest to be charged on loans from NABARD, Investment in

Transport, HVPNL, and Food & Supplies Department etc. for the year 2003-2004.

Sir, I am directed to address you on the subject noted above and to say that during the financial year 2003-2004 the rate of interest on loans granted by the State Government out of the State Loans and Advance unless otherwise specified in any particular case would be as under :-

2003-2004

1. Loan from NABARD 8.5%

2. Loans to HVPN 10.5%

3. Investment in Transport Department 11.00%

4. Investment in Food & Supplies Department. 11.05%

2. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 5-6-2003 A copy is forwarded to the Accountant General (Accounts) Haryana Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

488

No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 5-6-2003 A copy each is forwarded to the following for information and necessary action :-

Secretary to Governor, Haryana. All the Financial Commissioner & Administrative Secretaries to Government,

Haryana. State Election Commissioner, Haryana. Gurudawara Election Commission, Haryana. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. M.Ds. of various Boards/Corporations in Haryana (IAS officers only). Hon‘ble Speaker, Haryana Vidhan Sabha, Vice Chancellors of Universities and Medical Colleges in the Haryana State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary I&II/ Officer on Special Duty/Senior Secretary/Secretary/Private Secretaries to the Chief Minister/ Minister/Ministers/State Ministers/Chief Secretary/Deputy Chairman Planning Board, Haryana, for information. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I&II/

Officer on Special Duty/Senior Secretary/Secretary/ Private Secretaries to the Chief Minister/Minister/Ministers/ State Ministers/Chief Secretary/Deputy Chairman Planning Board, Haryana.

No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 5-6-2003.

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489

HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATION)

Notification

The 6th June, 2003

No. 2/4/2002-4FR.— In exercise of the powers conferred by clause (2) of article 283 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Financial Rules, Volume I, in their application to the State of Haryana, namely :-

1. These rules may be called Punjab Financial Volume I (Haryana Second Amendment) Rules, 2003.

2. In the Punjab Financial Rules, Volume I, in Rule 19.6, against serial number 163 under column 3 and 4 for existing entries, the following entries shall be substituted, namely :-

3 4

―(i) Commissioner & Secretary to Govt., Haryana, Public Relations Department

Up to Rs. 1000/- in each case

(ii) Director, Public Relations, Haryana Upto Rs. 500/- in each case."

CHANDER SINGH Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 2/4/2002-4FR Dated, Chandigarh, the 6th June, 2003.

A copy is forwarded for information to :-

1. All Heads of Department and Commissioners of Divisions in Haryana. 2. The Registrar, Punjab and Haryana High Court, Chandigarh. 3. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/4/2002-4FR Dated, Chandigarh, the 6th June, 2003.

A copy is forwarded to Accountant General (A&E/Audit) Haryana, Chandigarh for information with reference to their letter No. TM (T) Amendment/2002-2003/1313 dated 31.1.2003 and CCS/CSR/PFR/2002-2003/986-87 dated 24-3-03.

It is informed that after receipt of no objection from you, it was decided that Director Public Relations be given financial powers of Rs. 500/- and Secretary Public Relations be given powers of Rs. 1000/- only. Accordingly the change has been incorporated in rules.

Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

490

No. 2/4/2002-4FR Dated, Chandigarh, the 6th June, 2003.

A copy is forwarded to the Secretary, Council of Ministers, Haryana for information with reference to their U.O. No. 9/140/2003/02 cabinet dated 22nd May, 2003.

Sd/- Deputy Secretary Finance (B)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/4/2002-4FR Dated, Chandigarh, the 6th June, 2003.

A copy is forwarded to the Controller. Printing & Stationary Haryana for information & necessary action.

2. He is requested that this notification be got printed in the Haryana Government Gazette and 500 spare printed copies be supplied to Finance Department for record.

Sd/-

Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

A copy is forwarded for information & necessary action to :-

(i) All the Financial Commissioner & Principal Secretaries to Govt. Haryana.

(ii) All the Administrative Secretaries to Govt. Haryana.

U.O. No. 2/4/2002-4FR Dated, Chandigarh, the 6th June, 2003.

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491

HARYANA GOVERNMENT

FINANCE DEPARTMENT

(REGULATION)

Notification

Dated: 6th June, 2003

No. 10/13/2003-2FICW.— In exercise of the powers conferred by proviso to article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume I, Part-I, in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Civil Services Volume I, Part I (Haryana First Amendment) Rules, 2003.

2. In the Punjab Civil Services Rules, Volume I, Part I in rule 5.23, for clause (e), the following clause shall be substituted namely :-

―(e) The employees who have retired/transferred but do not vacate Government accommodation immediately shall be required to pay the following rent :-

(i) On retirement: Upto four months at normal rent;

(ii) On transfer: Upto two months in normal circumstances at normal rent. Additional two months at normal rent on medical grounds of self or members of family or on ground of education of children of the employees subject to the approval of competent authority;

(iii) After that, till the employee vacate the Govt. accommodation:

Fifty times of the normal rent shall be the charged from the employees after prescribed time limit of four months & two months as mentioned in sub-clauses (i) and (ii) above. In case Government accommodation is not vacated by the Government employee after the transfer from station ‗A‘ to ‗B‘ the employee shall not be entitled to any house rent allowance at station ‗B‘ where he has been transferred until and unless he vacates the Government accommodation at his previous station ‗A‘.‖

Chander Singh Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 10/13/2003-2FICW Dated 6th June, 2003

A copy for information is forwarded to :-

All Heads of Departments and Commissioner of Divisions in Haryana.

All Deputy Commissioner and Sub Divisional Officers (Civil) in Haryana.

The Registrar, Punjab and Haryana High Court, Chandigarh.

Sd/- (Sammat Singh)

Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 10/13/2003-2FICW Dated 6th June, 2003

A copy is forwarded to the Accountant General, Haryana, (i) A&E (ii) Audit, Chandigarh,

492

for information.

Sd/- (Sammat Singh)

Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 10/13/2003-2FICW Dated 6th June, 2003

Copy is forwarded to :-

All the Financial Commissioners in Haryana, Chandigarh. All the Administrative Secretaries to Govt. Haryana, for information.

Sd/- (Sammat Singh)

Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To

All the Financial Commissioners in Haryana, Chandigarh. All the Administrative Secretaries to Govt. Haryana, for information.

U.O. No. 10/13/2003-2FICW Dated 6th June, 2003

A copy each is forwarded to the Principal Secretary/Additional/Deputy Principal Secretary/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary for information of Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

Sd/- (Sammat Singh)

Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To

The Principal Secretary/Additional/Deputy Principal Secretary/OSD/ Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

U.O. No. 10/13/2003-2FICW Dated 6th June, 2003

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493

No. 1/20/97/Asstt./HBPE From The Member Secretary, Haryana Bureau of Public Enterprises, Finance Department, New Sectt. Building, Sector-17, Chandigarh. To All Administrative Secretaries to Govt., Haryana, All Head of Departments, All Managing Directors of Boards/Corporations/ Co-operative Institutions and Government Undertakings in Haryana State.

Dated, Chandigarh, the 3rd/7th July, 2003 Subject : Pay Protection of Surplus Employees of Public Enterprises who have been

absorbed in other Public Enterprises/Government Departments. Sir,

I am directed to refer to the subject citied above and to say that the matter regarding pay protection of surplus employees of the Public Enterprises who have been absorbed in other Public Enterprises was under the active consideration of the Government. After careful consideration it has been decided that surplus employees of Public Enterprises who have been absorbed in other Public Enterprises will not be entitled to the benefit of pay protection in respect of past service rendered by them.

2. It is further clarified that the instructions issued by HBPE vide letter No. 1/20/97/ Asstt/HBPE, dated 25.9.98 & Chief Secretary to Govt., Haryana vide letter No. 23/6/97-2GS-III, dated 6.10.98 whereby the benefit of pay protection was allowed to the surplus employees of Public Enterprises absorbed in Govt. Departments as a special case have also been withdrawn vide Chief Secretary to Govt., Haryana letter No. 23/5/2001-2GSIII, dated 6.2.2001.

3. This may be brought to the notice of all concerned for compliance and if any clarification is required, the matter may be referred to Chief Secy. to Govt. Haryana (in G.S.III Br.). The receipt of this communication may kindly be acknowledged. Sd/- Management Consultant for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

A copy is forwarded to Chief Secretary to Govt., Haryana, w.r.t. his U.O. No. 23/31/ 2001-2GSIII, dated 2.6.2003 for information. Sd/- Management Consultant for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department. To The Chief Secretary to Govt., Haryana (In GS-III Branch)

U.O. No. 1/20/97/Asstt./HBPE Dated, Chandigarh, 3rd/7th July, 2003.

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494

1386 HARYANA GOVT. GAZ., JULY 22, 2003 (ASAR. 31, 1925 SAKA)

[Authorised English Translation]

HARYANA GOVERNMENT

FINANCE DEPARTMENT

NOTIFICATION

The 21st July, 2003

No. G.S.R.17/Const/Art. 309/2003.— In exercise of the powers conferred by the proviso of article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Haryana Civil Services (Revised Pay) Rules, 1998, namely :-

1. (1) These rules may be called the Haryana Civil Services (Revised Pay) Amendment Rules, 2003.

(2) They shall be deemed to have come into force on the 1st day of January, 1996.

2. In the Haryana Civil Services (Revised Pay) Rules, 1998, in rule 2, in sub-rule (2), in clause (g), the following clause shall be substituted, namely :-

"Persons re-employed in Government Service after retirement except ex-military pensioners.‖

CHANDER SINGH Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

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495

These instructions have been Revised vide No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.

No. 68/2/2002/Pen/FD/SO-3 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments,

All Divisional Commissioners, Deputy Commissioners,

Sub Divisional Officers (Civil) in the State, The Registrar, Punjab and Haryana High Court, Chandigarh. All District and Session Judges, Haryana. Dated, Chandigarh, the 23rd July, 2003 Subject : Payment of retiral benefit to the employees/pensioners of the State. Sir, I am directed to inform you that A.G. (A&E) Haryana has met the Chief Secretary on 4.4.03 and handed over a D.O. Letter bearing No.Pen.CC/1690, dated 11.2.2003 pointing out that a number a cases are pending in his office pertaining to the release of pensionary benefits of the following two categories which need to be taken up on top priority basis :- (i) Where D.C.R.G. have been withheld by the pension sanctioning authorities for

want of N.D.C. (No Dues Certificate) of reply to queries raised by A.G. in C&R. A list of 115 such cases pertaining to 16 departments has been made available by the A. G. Haryana and the same is being sent to the concerned department through this letter.

(ii) A number of cases are still pending although judgments have already been delivered by the Courts and time limit for appeal have also expired. A list of 125 such cases pertaining to 16 departments has made available by the A. G. Haryana and the same is being sent to the concerned Department through this letter. Such a long list in this category is shocking and calls for tough action against concerned Head of Office and dealing hand.

2. You are, therefore, requested to ensure personally that all the pending cases

pertaining to your department are cleared within a period of one month from the receipt of this letter and, action taken report in the matter be sent to the F.D. which will monitor the progress of the above said cases on top priority.

3. It has been emphasized by the A. G. Haryana that incomplete pension cases are

being sent to him by certain Departments. resulting in delay in finalization of pension cases. It may be ensured that complete pension cases are sent to A.G. (A&E) Haryana well in time. Periodical meeting of the Drawing and Disbursing

496

Officers/Pension sanctioning authorities of your departments may also be arranged regularly as already instructed vide F.D‘s letter No. 68/2001/FD/ Pension/SAP, dated 3.9.2001.

Yours faithfully, Sd/- Under Secretary, Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 68/2/2002/Pen/FD/SO-3 Dated, Chandigarh, the 23rd July, 2003 A copy is forwarded to A.G. (A&E), Haryana, Chandigarh with reference to his D.O.No.Pen.CC/1690 dated 11.2.03. Sd/- Under Secretary, Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :- 1. All the Financial Commissioners in Haryana. 2. All the Commissioners and Secretaries to Govt., Haryana. Sd/- Under Secretary, Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. All the Financial Commissioners in Haryana. 2. All the Commissioners and Secretaries to Govt., Haryana. U.O. No. 68/2/2002/FD/Pension/SO-3 Dated, Chandigarh, the 23rd July, 2003

497

ANNEXURE - I

LIST OF DEPARTMENTS WHERE D.C.R.G. PAYMENT CASES ARE PENDING.

Sr. No. Name of Department No. of Pending Cases

1. Irrigation 50 List received from A.G. Haryana is attached

2. Public Works (B&R) 20

3. Public Works (P.H.) 6

4. Home 15

5. Industry 4

6. Animal Husbandry 4

7. Forest 4

8. Panchayat 3

9. Technical Education 2

10. Co-operative 1

11. Treasury & Accounts 1

12. Town & Country Planning 1

13. Comdt. Gen. Home Guards 1

14. Chief Secretary to Govt. Haryana 1

15. Food & Supply 1

16. Zila Sanik Board 1

Total 115

498

ANNEXURE - II

LIST OF DEPARTMENTS WHERE PENSION CASES ARE PENDING EVEN AFTER FINALISATION OF COURT CASES.

Sr. No. Name of Department No. of Pending Cases

1. Public Works (B&R) 14 List received from A.G. Haryana is attached

2. Public Works (P.H.) 5

3. Home 1

4. Industry 1

5. Forest 7

6. Co-operative 1

7. Treasury & Accounts 3

8. Zila Sanik Board 11

9. Education 33

10. Public Works (IBR) 26

11. Health 7

12. Panchayat & Development 12

13. Transport 5

14. Revenue 6

15. Justice 1

16. Excise & Taxation 2

Total 125

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499

These instructions have been reiterated vide No. 6/57/2007-3PR(FD), Dated 23.06.2009.

GOVERNMENT OF HARYANA

(FINANCE DEPARTMENT)

No. 2/48/2000-5PR(FD)

23rd July, 2003

Office memorandum

Subject : Clarifications regarding grant of benefit under the Schemes namely :

(i) additional increment(s) at 10/20 years point in time scale;

(ii) additional increment(s) on completion of 8/18 years service;

(iii) Higher Standard pay scales on completion of 10/20 years of regular Satisfactory service.

Sir,

Referring on the subject cited above, the under signed is directed to inform you that the State Government, being a welfare State, introduced the various schemes from time to time in order to take care of stagnation and lack of promotional avenues for Government employees belonging to Group ‗C‘ and ‗D‘. In this regard a reference is invited to the Finance Department‘s following letters :-

(i) Letter No. 9/9/91-3PR (FD), dated 14.05.1991.

(ii) Letter No. 9/9/91-3PR (FD), dated 09.04.1992

(iii) Letter No. 1/138/92-1PR (FD), dated 07.08.1992

(iv) Letter No. 1/34/93-4PR (FD), dated 08.02.1994

(v) Letter No. 1/191/92-4PR (FD), dated 14.06.1994

(vi) Letter No. 10/108/94-4PR (FD), dated 29.12.1995

(vii) Letter No. 1/34/93-4PR (FD), dated 01.04.1998

(viii) Letter No. 2/3/98-5PR (FD), dated 7.12.1998

2. The Scheme of grant of additional increment(s) to Group ‗C‘ and ‗D‘ employees at 10th and 20th year point in the time scale as applicable w.e.f. 01.01.1986 was introduced vide FD‘s letter dated 14.05.1991 but effective from 01.01.1991. This scheme was modified vide letter dated 07.08.1992 by allowing additional increment(s) w.e.f. 01.07.1992 after 8/18 years of service in a particular service group. In replacement of the above scheme another scheme namely Higher Standard Pay Scale Scheme was introduced vide FD‘s letter dated 08.02.1994 but effective from 01.01.1994. Under this Scheme the benefit was to be extended to those employees who have not got any promotional/higher time scale/S.G. in their service career and have completed 10/20 years or more regular satisfactory service on or after 01.01.1994. The intention of the State Government behind introducing the above schemes was that every employee should get at least two promotions in his entire service career. However, lack of adequate promotional avenues for all in the administrative hierarchy posed a major problem in achieving the stated objective of the Government. An effort was made that if two promotions could not be assured to each and every employee during his service career then at least two financial upgradations may be ensured.

3. Some clarifications were also issued vide FD‘s letter dated 09.04.1992, 14.6.94, 29.12.95, 1.4.98 and 7.12.98 to regulate the provisions of the above said schemes. Vide a detailed clarificatory letter dated 29.12.1995 which was regarding clarifications of all the above

500

three schemes, the para 12 of the FD‘s letter No. 1/34/93-4PR(FD), dated 08.02.1994 which is as under, was deleted :-

―Since the grant of Higher Standard Pay Scale under these instructions is compensation for stagnation and is, therefore, based on length of service without involving higher responsibilities, this will be treated as a fortuitous circumstances and thus no benefit of step of pay to a senior just on the basis of seniority in the hierarchy will be admissible.‖

On the other hand at point No. 10 of para 2 of FD‘s letter dated 29.12.1995 it was provided that pay/pay scale of the senior Government employee shall be stepped up to the level of his junior, in case a senior Government employee has got two promotions within his time of promotion and he becomes ineligible to a higher standard pay scale but his junior who has completed 20 years of service but has got no promotion, becomes eligible for 2nd higher standard pay scale. And in case the higher standard pay scale of the lower post happens to be higher than the pay scale of the promotional post, then pay scale of the senior shall be stepped up to the level of pay/pay scale of his junior.

4. In the letter No. 1/34/93-4PR(FD), dated 01.04.1998 it was stated that the Hon‘ble Punjab & Haryana High Court while disposing of a bunch of writ petitions (main CWP No. 7255 of 1997- Surinder Singh & Others V/s State of Haryana) inter-alia held that :-

―In view of the statement made in para 12 of the circular dated 8th February, 1994, we hold that the benefit of higher standard pay scale to a senior on the ground that the pay of his junior has been fixed higher to his pay in terms of the scheme contained in the circular, shall not be admissible to such senior.‖

It was also clarified vide letter dated 1.4.98 that the interpretation and modalities laid down by Hon‘ble Punjab and Haryana High Court should be strictly followed and any provisions or clarifications which are inconsistent with the observations /interpretation as given by the Hon‘ble Punjab and Haryana High Court should be considered to the extent of their inconsistency with the observations/interpretation of the Hon‘ble Punjab and Haryana High Court.

5. Finance Department observes that the benefit of additional increment(s) granted vide letter dated 14.5.91, 7.8.92 and Higher Standard Pay Scales vide letter dated 8.2.94 was only meant for the Group ‘C‘ and ‗D‘ employees and the stepping up benefit is not admissible due to increases in pay or pay scales of junior Govt. employee by rendering more number of service in a particular service group as the same will be treated as fortuitous circumstances. Thus no benefit of stepping up is validly extendable ipso-facto to the officers of Group ‘A‘ and ‗B‘.

6. FD also observes that in view of the observations of Hon‘ble Punjab and Haryana High Court in CWP No. 7255 of 1997 and FD‘s instructions dated 01.04.1998, there was no necessity for the issuance of the instructions dated 7.12.98 which inter-alia provide that deletion of para 12 of instructions dated 08.02.1994 is valid. If it is treated so then clarification issued vide instructions dated 29.12.95 is to be treated to have been modified to the extent that condition mentioned in the para 12 of scheme issued vide letter dated 08.02.1994 is valid and no stepping up of benefit is admissible to the seniors just on the basis of seniority in the hierarchy, therefore, the clarification vide point 10 of the FD‘s instructions dated 29.12.95 is inconsistent to the adjudication of the Hon‘ble Punjab and Haryana High Court and should have been deleted.

7. From the explained situation it comes out that benefit of stepping up of pay to some of the ineligible officers/officials had been granted erroneously by the certain departments with or without the concurrence of the Finance Department. The Government after examination of the entire issue has now decided to clarify the position, which is as under :-

501

(i) That the benefit under the schemes issued vide FD‘s letter dated 14.05.1991, 07.08.1992 and 08.02.1994, which was meant only for the employees of Group ‗C‘ and ‗D‘, is not validly extendable ipso-facto to the officers of Group ‗A‘ and ‗B‘.

(ii) That the provision contained in point No. 10 of para 2 of FD‘s letter dated 29.12.1995 is to be treated as withdrawn. Apart from the above, the deletion of para 12 of dated 08.02.1994, vide FD‘s letter dated 29.12.95 is also withdrawn. The instructions dated 7.12.1998 are also hereby withdrawn. Consequently the benefit of stepping up of pay allowed to the senior officers erroneously may of course be withdrawn/set right after affording them a reasonable opportunity of hearing. The recovery, if any, however may not be affected from the retrospective effect but can be affected from the date of issuance of these instructions.

(iii) The officers who got erroneous benefit and got retired from service their cases be reviewed for the withdrawal of the same after giving them a reasonable opportunity of hearing. No recovery is to be made from them. However, their pension should be recomputed/refixed notionally for the period prior to the date of issue of these instructions and actually from the date of issuance of these instructions.

These instructions may be brought to the notice of all concerned for strict compliance.

Yours faithfully, Sd/-

Under Secretary Finance (PR) for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To

All the Administrative Secretaries to Govt., Haryana in various Departments/All the Heads of Departments/Divisional Commissioners/ Deputy Commissioners/SDO (C) in Haryana. The Registrar, Punjab and Haryana High Court at Chandigarh. The Accountant General (A&E and Audit), Haryana.

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502

No. 2/1(2)/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 24th July, 2003 Subject : Disbursement of Pay and Allowances/Pension for the month of July, 2003. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st, 2nd and 3rd August, 2003, on account of Teej, Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the July, 2003 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of July, 2003 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 31st July, 2003. Yours faithfully, Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 24th July, 2003 A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 24th July, 2003 A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for

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Haryana State for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners Haryana, All Administrative Secretaries to Govt., Haryana for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 24th July, 2003 A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/

Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 24th July, 2003.

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No. 1/1(119)/96-1PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments, in Haryana, The Commissioners Ambala, Hisar, Rohtak and Gurgaon Divisions, All Deputy Commissioners Sub Divisional Officer Civil in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 6th August, 2003

Subject : Amendment in Haryana Civil Services (Revised Pay) Rules, 1998.

Sir,

I am directed to refer to the subject cited above and to enclose herewith a copy of notification bearing No. GSR.17/Const./Art. 309/2003, dated 21st July, 2003 relating to the amendment in the Haryana Civil Services (Revised Pay) Rules, 1998 for information and necessary action, if any at your end.

Yours faithfully,

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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505

No. 8/16/2002-5PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Heads of Departments in Haryana,

Dated, Chandigarh, the 12th August, 2003

Subject : Removal of anomalies in the pay scales of General Category of Technical Trade Employees - meeting held on 30.07.2003 at 12.00 Noon - proceedings thereof.

Sir,

I am directed to invite your kind attention to the subject noted above and to say that the pay scales of some of the technical posts were revised as under vide Government instruction No. 6/23/3PR(FD)-88, dated 23.8.90 with effect from 1.5.90 :-

Name of the Department/post Existing pay scale as on 01.01.1986

Modified scale of pay w.e.f. 1.5.90

General recommendations regarding technical posts in various departments for which minimum educational qualification prescribed Matric with ITI Certificate/Polytechnic.

750-940

775-1025

800-1150

950-1400

950-1500

1200-2040

(It has been decided that further recruitment of non Matric be stopped.

The above mentioned scales were further modified as under vide No. 6/23/3PR(FD)-88, dated 26.7.91 :-

General recommendations regarding technical posts in various departments for which minimum educational qualification prescribed Matric with ITI Certificate/Polytechnic.

750-940

775-1025

800-1150

950-1400

950-1500

1200-2040

General recommendations regarding technical posts in various departments for which minimum educational qualification prescribed Matric with ITI Certificate/diploma from Polytechnic without insistence on Matric.

750-940

775-1025

800-1150

950-1400

The representatives of the Haryana Karamchari Mahasangh has submitted in the above said meeting that anomalies in pay scales of different categories of Non-ITI pass employees may be rectified w.e.f. 1.5.90 being the similar duties.

The matter was discussed in the above said meeting and it was decided to seek information from the various departments the actual number of working Non-ITI Technical employees as to access the financial implications of the demand.

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It is, therefore, requested that the number of Non-ITI Technical employees working in their respective departments may be supplied to the Finance Department, at the earliest.

Yours faithfully,

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been withdrawn vide No. 6/149/2002-4PR(FD) Dt. 05.08.2009 & 20.08.2009 and

clarified vide No. 1/64/2010-2PR(FD), Dt. 27.07.2010

No. 6/149/2002-4PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, Commissioners, Ambala, Hisar, Gurgaon & Rohtak Divisions, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 22nd August, 2003

Subject : Revision of pay scales.

Sir,

On the subject cited above I have been directed to state that while revising the pay scales of Haryana Govt. employees w.e.f. 01.01.1996, following provision was made under 3rd proviso to Rule 7 of the Revised Pay Rules, 1998 and 3rd proviso to Rule 15 of the ACP Rules, 1998 :-

3rd Proviso to Rule 7:

"Provided further that the fixation thus made shall ensure that every employee will get atleast one increment in the revised scale of pay for every three increments (inclusive of stagnation increment(s), if any) in the existing scale of pay."

3rd Proviso to Rule 15:

"Provided further that the fixation thus made shall ensure that every employee will get atleast one increment in the revised scale of pay for every three increments (inclusive of stagnation increment(s), if any) in the present scale of pay."

"The above provisions envisage the grant of one increment in the revised scale for every three increments earned in the "present scale". The intention of Government is that for every 3 "actual" increments earned by the employee in the present scale, the benefit of one "actual" increment in the revised scale is to be granted."

It has come to the notice of the Finance Department that the pay fixation procedure adopted by some of the departments is in contravention of the rules. It has been noticed that while fixing the pay under the above said rules a table given in some ready reckoners of private publications is being followed and pay being fixed as per that table. This table given in the ready reckoners holds good in case neither any modification of scales (i.e. Existing Scales) nor any personal scale (like Higher Standard Scale) was granted after 01.01.1986. In the case of those employees whose scales were modified or they were granted any scale other than the functional scale of the post after 01.01.1986, the benefit of one increment in the revised scale for every 3 increments in the existing scale or present scale (as the case may be) was to be granted from the date of grant of such scale.

Some illustrations indicating the pay ought to be fixed and pay fixed by the departments by wrong interpretation of rule are appended as Annexure 'A'. Pay of such

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employees need to be refixed after recovering the benefit erroneously granted and over payment need to be recovered.

You are, therefore, requested to ensure that the pay of such employees is refixed accordingly and compliance report is sent to this department. The contents of this letter may be brought to the notice of all concerned.

Yours faithfully,

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 6/149/2002-4PR(FD) Dated, Chandigarh, the 22.8.03

A copy for information is forwarded to the Accountant General (A&E) and Audit, Chandigarh for information.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to the following :-

All the Financial Commissioners & Principal Secretaries in the State of Haryana;

All the Commissioners & Administrative Secretaries to Govt., Haryana.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 6/149/2002-4PR(FD) Dated, Chandigarh, the 22.8.03

509

ANNEXURE - A

Illustrations indicating pay fixed and ought to be fixed in the revised scales.

Employee A Employee B Employee C Employee D

Existing scale as on 01.01.1986 1400-2600 2000-3200 1200-2400 1400-2600

Pay scale modified subsequently

1600-2660 (w.e.f. 1.4.95)

2200-4000 (w.e.f. 8.6.95)

- -

Higher Standard scale granted w.e.f. 1.1.94

- - 1400-2600 1640-2900

Revised pay scale as on 01.01.1996

5450-8000 8000-13500 5450-8000 6500-9900

Pay as on 31.12.95 1750 2650 1750 2000

Increments actually earned Nil Nil 2 2

Benefit of 3rd proviso Nil Nil Nil Nil

Pay fixed by departments 5600 8550 5750 6900

Pay ought to be fixed 5450 8000 5450 6500

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510

These instructions have become obsolete.

No. 4/31/03-SO-III/Pension, From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Divisional Commissioners and Deputy Commissioners in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh, All District and Session Judges, Haryana. Dated, Chandigarh, the 26th August, 2003 Subject : Group to study pension liabilities of the State Governments. Sir, I am directed to inform you that RBI constituted a Group to Study the Pension Liabilities of the State Governments under the Chairmanship of Shri B. K. Bhattacharya, former Chief Secretary, Govt. of Karnataka. A meeting between Shri B. K. Bhattacharya, Chairman, Study Group and the Financial Commissioner & Principal Secretary, Finance Department was held on 20.8.2003 and further celebrations also information is to be supplied to RBI on priority basis:- Demographic and other Details of State Govt. employees & Pensioners

1. Age-wise and category wise details of the State Government Pensioners in the State at present as required in Table-I (Copy of which is enclosed).

The age wise break up of pensioners should be given as follows: 50-65 years,

65-70 years, 70-75 years, above 75 years. Information may be furnished separately for State Govt. employees and employees of grant-in-aid institutions and local bodies (Urban and Rural).

2. Age-wise and category wise details of the State Government employees and

employees of grant-in-aid institutions and local bodies (Urban & Rural) at present as required in Table-II (copy of which is enclosed).

The age wise break up should be given as followed: up to 30 years, 30-40 years,

40-50 years, 50-55 years and 55 years-superannuation. Information may be furnished separately for the State Govt. employees and employees of grant-in-aid institutions and local bodies (Urban & Rural).

Trends in Pension Payments and Estimated Future Pension Obligations

1. Information on Pension Payments category-wise for the period 1990-91 to 2001-02 as required in table-3 (copy of which is enclosed).

Information may be furnished separately for State Government employees and employees of grant-in-aid institutions and local bodies (Urban & Rural).

511

2. Information on estimated pension payments, category-wise, in the next ten years, i.e. 2002-03 to 2012-13 as required in table-4 (copy of which is enclosed).

Information may be furnished separately for State Govt. employees and employees of grant-in-aid institutions and local bodies (Urban & Rural).

3. To provide number and ratios of pensioners to actual employees during the period 1990-91 to 2001-02.

4. To provide amount and ratios of pension payments to wages and salaries during the 1990-91 to 2001-02.

Kindly arrange to supply the aforesaid information along with supporting details so as to reach the Finance Department by 15.9.2003.

This may please be treated as most urgent. Yours faithfully, Sd/- Under Secretary Pension for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

1. All the Financial Commissioners in Haryana. 2. All the Commissioners and Secretaries to Govt., Haryana. Sd/- Under Secretary Pension for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. All the Financial Commissioners in Haryana. 2. All the Commissioners and Secretaries to Govt., Haryana. U.O. No. 4/31/03-SO-III/Pension, Dated, Chandigarh, the 26th August, 2003 Endst. No. 4/31/03-SO-III/Pension, Dated, Chandigarh, the 26th August, 2003 A copy along with a copy of format I, II, III, IV, is forwarded to the ESA Haryana with the request that he may supply the required information to the FD if the same is available with him otherwise he may also collect the same from the various Govt. Departments/ Institutions where grant-in-aid is granted and Local Bodies (Urban & Rural) to enable him to supply the same to FD. Sd/- Under Secretary Pension for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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512

HARYANA GOVERNMENT FINANCE DEPARTMENT

(REGULATION)

Notification

The 3rd September, 2003

No. 2/03/2003-4FR.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume I, Part I, in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Civil Services, Volume-I, Part I (Haryana second Amendment) Rules, 2003.

2. In the Punjab Civil Services Rules, Volume-I, Part I, in rule 4.22, clause (iii) shall be omitted.

CHANDER SINGH Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 2/03/2001-4FR, Dated, Chandigarh, the 3rd Sept., 2003

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh for information.

.Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 2/03/2001-4FR, Dated, Chandigarh, the 3rd Sept., 2003

A copy is forwarded to Accountant General (Audit/A&E) Haryana, Chandigarh for information.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 2/03/2001-4FR, Dated, Chandigarh, the 3rd Sept., 2003

A copy is forwarded to the Secretary, Council of Ministers, Haryana for information with reference their U.O. No. 9/188/2003-2 Cabinet dated 16th August, 2003.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

513

No. 2/03/2001-4FR, Dated, Chandigarh, the 3rd Sept., 2003

A copy is forwarded to the Secretary, Haryana Vidhan Sabha for information with reference their U.O. No. 20-EA-1992-2003/12710 dated 1st Sept. 2003.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 2/03/2001-4FR, Dated, Chandigarh, the 3rd Sept., 2003

A copy is forwarded to the Controller, Printing & Stationery, Haryana, Chandigarh for information and necessary action.

He is requested that this notification be got printed in the Haryana Govt. Gazette and 500 spare printed copies be supplied to Finance Department for record.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

A copy for information & necessary action to :-

All the Financial Commissioners & Principal Secretaries to Govt. Haryana. All the Administrative Secretaries to Govt. Haryana.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To

All the Financial Commissioners & Principal Secretaries to Govt., Haryana.

All Administrative Secretaries to Govt., Haryana.

No. 2/03/2001-4FR, Dated, Chandigarh, the 3rd Sept., 2003

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514

HARYANA GOVERNMENT FINANCE DEPARTMENT

(REGULATION)

Notification

The 30th September, 2003

No. 11/64/97-1FR.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume I, Part II, in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Civil Services, Volume-I, Part II (Haryana Third Amendment) Rules, 2003.

2. In the Punjab Civil Services Rules, Volume-I, Part II, in Appendix 18, against heading ―I. Judicial‖. For the existing entry The following entry shall be substituted, namely.

―Civil Judges (Senior Division), Additional Civil Judges (Senior Division) and Civil Judges (Junior Division) and their establishment including Process Serving Establishment actually employed on work connected with process serving‖.

CHANDER SINGH Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 11/64/97-2003-1FR, Dated, Chandigarh, the 30th Sept., 2003

A copy is forwarded to :-

All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officer (Civil) in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh, for information.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 11/64/97-2003-1FR, Dated, Chandigarh, the 30th Sept., 2003

A copy is forwarded to Accountant General (Audit/A&E) Haryana, Chandigarh for information.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 11/64/97-2003-1FR, Dated, Chandigarh, the 30th Sept., 2003

A copy is forwarded to the Secretary, Council of Ministers, Haryana for information with

515

reference their U.O. No. 9/159/2003-2 Cabinet dated 25th August, 2003.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 11/64/97-2003-1FR, Dated, Chandigarh, the 30th Sept., 2003

A copy is forwarded to the Secretary, Haryana Vidhan Sabha for information with reference their U.O. No. 20-EA-1992-2003/17999 dated 19th Sept. 2003.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 11/64/97-2003-1FR, Dated, Chandigarh, the 30th Sept., 2003

A copy is forwarded to the Controller, printing & Stationery, Haryana, Chandigarh for information and necessary action.

He is requested that this notification be got printed in the Haryana Govt. Gazette and 500 spare printed copies be supplied to Finance Department for record.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

A copy for information & necessary action to :-

All the Financial Commissioners & Principal Secretaries to Govt., Haryana. All the Administrative Secretaries to Govt., Haryana.

Sd/- (Vijay Singh Yadav)

Deputy Secretary, Finance, for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

To

All the Financial Commissioners & Principal Secretaries to Govt., Haryana. All Administrative Secretaries to Govt., Haryana.

No. 11/64/97-2003-1FR, Dated, Chandigarh, the 30th Sept., 2003

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516

No. 36/2/2k3-WM(60) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 3rd October, 2003 Subject : Grant of interest free Festival Advance to Government employees

during the year 2003-2004. Sir, I am directed to address you on the subject noted above and to say that the State Government has decided to grant an interest free festival advance of Rs. 800/- (Rupees eight hundred only) to all class IV Govt. employees in the State who apply for it. 2. The advance will be admissible to permanent/temporary class IV employees, and to adhoc employees who are continuing in service for the last one year and are likely to continue for another four months, after furnishing surety of a permanent Government employee. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would in the case of temporary employees allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanee before the close of the financial year 2003-2004. 3. The following conditions should also be observed in sanctioning this advance :-

(i) The Drawing & Disbursing officer concerned, before sanctioning the advance should satisfy himself that the incumbent will continue in service until full recovery of the total amount of the advance is effected.

(ii) The advance will be recovered in four equal monthly instalments and the entire advance should be recovered from the pay of the employees before the close of the financial year 2003-2004.

(i) The advance may be drawn and disbursed on or before 25/10/2003

(ii) The advance will not be admissible to work charged & contingent paid staff and daily wagers.

(iii) The advance should not be granted to those Class IV employees who are on deputation to other Governments/Corporations and Local Bodies etc. .

(iv) If both husband & wife are employed, the advance should be allowed· to one of them.

4. It is requested that the schedule of recoveries should be attached with each bill in the enclosed Performa-I. It is also requested that the detailed accounts of

517

the recoveries of the advance should be maintained by the Drawing and Disbursing Officers which should be reconciled with the office of the', Accountant General, Haryana (A&E) Chandigarh, every month. 5. The expenditure incurred on the grant of festival advance may be communicated to the Finance 'Department (in Ways & Means Br.) by the Head of Departments by the end of December, 2003 in the enclosed Performa -II. 6. The expenditure will be debited to the Major Head "7610-Loans- to Government servants etc. 800-Other Advances-(98) Festival Advances (50) Advances (Non-Plan). The recoveries made will be credited to the corresponding receipt head i.e. 7610-Loans to Governments servants etc.-800-Other Advances (98) Festival Advances (Receipt). Yours faithfully, Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No.36/2/2k3-WM(6) Dated, Chandigarh, the 3rd October, 2003 A copy is forwarded, to the Accountant General, (A&E) and Audit Haryana Chandigarh for information and necessary action. 2. The expenditure will be debited against grant No. 25 under Major Head "7610-Loans to Government Servants etc.-800 other Advances-(98) Festival Advances 50) Advances. 3. The detailed account of recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No.36/2/2k3-WM(6) Dated, Chandigarh, the 3rd October, 2003 A copy is forwarded to all Treasury Officers/Assistant Treasury Officers, Haryana with the request that the stipulated date may please be strictly followed and no bill be passed after 25.10.2003. The payment made on the

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518

No. 2/1(2)/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, All Deputy Commissioners & All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 17th October, 2003 Subject : Disbursement of Pay and Allowances/Pension for the month of October, 2003. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st, and 2nd November, 2003, on account of Haryana Day/Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the October, 2003 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of October, 2003 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 31st October, 2003. Yours faithfully, Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 17th October, 2003 A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 17th October, 2003 A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for

519

Haryana State for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners Haryana, All Administrative Secretaries to Govt., Haryana for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 17th October, 2003 A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/

Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 17th October, 2003.

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520

These instructions have become obsolete.

No. 1/3/70/99/SO-1/Pension From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana All Divisional Commissioners in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 29th October, 2003 Subject : Implementation of Government‘s decision on pension and family pension

related matters - revision of pension of pre and post 1986 pensioners/family pensioners etc. - Extension of date of submission of application for revision of pension/family pension

Sir, I am directed to invite your attention towards this department letter No. 1/3/70/99-2FR-II, dated 8.10.2002 vide which the date for the submission of applications for the revision of pension/family pension of the Haryana Government pensioners was extended upto 31/3/03 on the pattern of Govt. of India. Now the Govt. of India has further extended the last date for submission of applications for the revision of pension/family pension of their civil pensioners upto 30.9.03, therefore, the State of Haryana by following the suit and after due consideration has decided to extend the date of receipt of applications for the option of pension/family pension of its pensioners up to 31.3.2004. 2. This communication may please be brought to the notice of all the concerned for their information and necessary action if any. Yours faithfully, Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 2/7/81-WM(1) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Department in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 3rd November, 2003 Subject : Grant of Loans and Advances to Government employees for the purchase of

constructed house. Sir, I am directed to refer to this Department's circular letter No. 2/7/81-WM(1) dated the 30.5.2002 on the subject noted above and to inform that some discrepancies have been noted in the check lists attached with the above referred circular dated 30.5.2002 which have been rectified and are enclosed herewith for taking action/guidance. Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Contd… Encl.

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CHECK LIST OF HOUSE BUILDING ADVANCE Check list for New Construction :-

1. Application Form and Agreement Form (Annexure III) in prescribed Performa duly signed and recommended by the Sanctioning Authority/Head of Department.

2. Detail of loan taken earlier, if drawn, intimate basic pay and financial year.

3 Previous amount drawn with copy of sanction letter

(a) Purpose of previous advance.

(b) Mortgage of previous advance.

4. Allotment letter, possession letter and map duly passed by HUDA in case of HUDA Plot.

(a) Clear title of plot duly verified by Tehsildar/Revenue Authority in case of plots situated within Lal Dora in rural area.

(b) Registry of plot in general cases.

(c) Map duly passed by MC if the plot is in Urban Area.

5. Surety of one confirmed employee in the case of regular employee on the judicial paper worth Rs. 15 duly attested by DDO.

6 Col. 1 to 13 must be verified by DDO.

7. Affidavit on judicial paper worth Rs. 3/- that applicant has no other house in his/her name or in the name of his/her family members anywhere in India.

8. Annexure VI regarding recovery of outstanding loan from DCRG may be obtained.

9. In case of joint ownership, Annexure V regarding No Objection Certificate from wife/ husband for mortgaging the property in the name of Governor of Haryana may be obtained.

Check list for Under Construction :-

1. In case of less than 40% of loan, utilisation certificate of purchase of material for construction, duly verified by DDO, be submitted.

2. First Installment of 40% of loan, utilisation certificate upto plinth level, duly verified by DDO, be submitted.

3. For 2nd installment of 30% of loan, utilisation certificate of roof laid, duly verified by DDO, be submitted.

4. After 3rd installment of loan utilization certificate of completed House, duly verified by DDO, be submitted.

Check list for Repair/Extension cases :-

1. Clear title of owner ship.

2. Detail of previous loan taken by officer/official be clearly mentioned in column No. 10 (in application Form)

3. Agreement Bond Annexure IV/V/VI.

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4. In case of regular employee one surety from confirmed employee in prescribed proforma, on stamp paper worth Rs. 15/-.

5. Recommendation under signature of the Sanctioning Authority.

6. Undertaking regarding no objection to mortgage the property against loan from husband/wife in case of joint ownership.

7. Map duly verified/counter signed by Revenue Authority, in case if house is in Lal Dora, in rural area.

8 Completion certificate in case if house falls in urban area by the Competent Authority.

9. All columns must be verified by the DDO.

10. Repair/extension loan is granted after ten year from the release of the first instalment of House Building Advance.

11. Loan is granted for repair/extension after 5 years of possession in case applicant has not obtained any loan for construction of house from the Government.

Check list for Purchase of plot :-

1. Application Form and Agreement Form (Annexure III) in prescribed proforma duly signed and recommended by the Sanctioning Authority/Head of Department.

2. Details of loan taken earlier, if drawn, intimate basic pay and financial year.

3. Previous amount drawn with sanction letter No. ___________ dated________.

(a) Purpose of Previous advance.

(b) Mortgage of previous advance.

4. Surety of one confirmed employee in case of regular employees on the Judicial paper worth Rs. 15 duly attested by DDO.

5. Col. 1 to 13 must be verified by DDO.

6. Affidavit on stamp paper worth Rs. 3/- that applicant has no other house in his/her name or in the name of his/her family members anywhere in India.

7. Annexure VI regarding recovery of outstanding loan/interest from DCRG.

8. Annexure V from applicant on the Stamp Paper worth Rs. 3/-

9. Agreement for purchase of plot.

10. Departmental permission for purchase of plot under Employees Conduct Rules, 1966.

Check list for Housing Board/Society :-

Housing Board :-

1. Allotment letter of Board/DDA and any other Government Agency.

2 One surety of confirmed employee is required for regular employee.

3 Surety of two confirmed employees on stamp paper worth Rs. 15/- is required from regular employees in lieu of mortgage.

4. Annexure III, IV, V, VI should be attached.

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Society :-

1. Proof of membership of society.

2. Full comprehensive insurance of the flat /house against damage by fire flood and lightening extending the policy Governor of Haryana.

3. Surety of one permanent employee in case of regular employee.

4. The loanee will furnish surety of two permanent Govt. employees in lieu of mortgage.

5. The loanee will get the flat/house mortgaged to Govt. and the charge of the Govt., would be the first claim on the property in the event of default in repayment of Govt. loan and the loanee must obtain prior consent of the Cooperative Housing Society for this purpose.

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APPLICATION FOR HOUSE BUILDING ADVANCE

(Rule 10, 16, 10.17, 10.18, 10.19 of the P.F.R. Vol. I)

1. Name of the Applicant (in block letters) ____________________________

2. Designation (Gazetted/Non Gazetted)

3. Father's/Husband's Name

4. Name of Department/Branch _________________________________________

5. Emolument on which the loan is admissible

6. (i) Basic Pay ________________________ (ii) Special Pay _______________________ (iii) Total ____________________________

7. Head of Account

8. Amount of advance applied for _______________________________ Recoverable in ______________ instalments of Rs. __________________

9. Purpose of advance now : applied for

10. Whether any advance has been drawn previously for house building/repairs/Extension of house under any rules/scheme if so: (i) Date of drawal of the advance (ii) Purpose for which the advance was drawn. _______________________ (iii) Amount of advance drawn _______________________ (iv) Pay on which such advance was calculated: Basic Pay ___________ S.P. __________ Total _____________ (v) Rules/scheme under which the advance was drawn. ________________

11. Whether the house built with an advance has been sold if so, indicate sale proceeds;

____________________

12. Whether the house/plot purchased/constructed with the advance has been mortgaged to Govt. as prescribed under the rules;

____________________

13. (a) Date of birth of the applicant (b) Date of entry into Government service. (c) Date of superannuation

____________________ ____________________ ____________________

14. Whether husband/wife is a Government servant, if so, whether he/she has obtained any house building advance from Government.

____________________

15. Whether permanent or temporary Government servant, if temporary adequate surety of permanent Government servant to be furnished in addition to mortgaging the house to Govt. in the prescribed form on non-judicial paper worth Rs. 15/-.

____________________

16. PURCHASE OF PLOT (i) (Whether advance is required for the purchase

of plot, if so, the details of the source of the plot purchased, the approx. cost and a documentary proof with regard to the clear title of the seller of the plot may be attached (see rule 10.16 (vii) of P.F.R. Vol. l).

____________________

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(it) Whether the sanction of Govt. for the purchase of plot, if negotiated from a source other than regular or reputed dealer has been obtained as required under Govt. Employee's Conduct Rules, 1966 if so, a copy of the sanction be attached.

(iii) A certificate to the effect that the advance is required for the construction of house at place for personal residence may be attached.

____________________ ____________________

17. CONSTRUCTION OF HOUSE : (a) whether advance is required for the construction of

house on plot already purchased with own resources or from Government money if so, an attested copy of the conveyance deed executed may be attached.

(b) A certificate to the effect that the sum will be utilized for construction of house only and if there are any surplus funds after the house has been completed, that will be refunded at once may be attached. [Rule 10.16(ix)].

(c) Documentary proof that the plans etc. have been approved by the HUDA/MC/Tehsildar concerned.

____________________ ____________________

18. REPAIR OF HOUSE : In case the advance is required for repair, a certificate to the following effect be added :- (i) The repairs are required to make house rehabitable (ii) These are not in the nature of ordinary repairs. (iii) These involve an outlay larger in comparison with

the value of the house and that no such advance for the repair has previously been drawn in respect of the same house and that ten years have elapsed since the drawal of the advance in case of any advance from the Government (Rule 10.19 of P.F.R. Vol. I).

____________________ ____________________ ____________________

19. EXTENSION OF HOUSE : Whether the house proposed to be extended was constructed with the financial assistance from the State Government if so, the details of the loan obtained may be specified as under :- (i) Total loan obtained (ii) Pay at the time the loan was obtained Basic Pay Rs. _______________ SP ________ (iii) If the loan was obtained under any other scheme the

total amount of loan may be indicated (iv) Documentary proof that plan for extension has been

approved by the local body or the Estate Officer/Tehsildar.

(v) If any advance was drawn for repairs of the house earlier full details thereof may be indicated.

____________________ Total Rs. ____________ ____________________ ____________________ ____________________

20. BUILT UP HOUSE: In case the advance is required for the purpose of built up house the following certificate may be attached (i) Documentary proof to show that the bargain for the

____________________

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purchase of house has been finalized. (ii) The place and the full particulars of the house for

which the advance is required (iii) Location of the dwelling unit in an approved colony. (iv) Valuation from B&R/MC/Teh. (v) Clear title of House duly verified by HUDA/MC/Teh.

____________________ ____________________ ____________________ ____________________ ____________________

21. A certificate to the effect that the advance is required for the bonafide personal residence.

____________________

22. A certificate to the effect that the applicant has an undisputed title to the house/plot in the case of purchase of a built up house a certificate may be furnished that the house is free from all encumbrances.

____________________

23. Whether any funds earmarked for you either by the Department Or the FD was surrendered during the last financial year and so, full particulars thereof together with reasons for surrendering the amount may be given.

____________________

24. An affidavit on non-judicial paper worth Rs. 3/- that the applicant has no other house/plot in India.

____________________

It is certified that the information given above is complete and true to the best of my knowledge and nothing has been concealed therein. Dated : (Signature of the Applicant) Designation : _________________________ Branch : _____________________________ It is certified that the above information supplied by the applicant is correct according to the official record maintained in this office. It is also certified that the advance of Rs. _______ applied for is admissible and all formalities required to be complied with have been completed. Place :

Signature of Sanctioning Authority Dated :

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SURETY BOND

This deed is made on the _________ day of the _______, Two thousand _________ Between Sh. _________________ and caste ___________ and resident of H. No. __________ working as ______________ in the office of _____________________ (hereinafter referred to as the surety) of the one part and the Governor of Haryana (hereinafter referred to as the Government) of the other part. Whereas the loan of Rs. ______ (Rupees ______________) has been granted to Sh. ______________ resident of _______________ working as _____________ in Office of _____________ (hereinafter referred to as the borrower) of the terms and conditions in the agreement dated __________ and subject to the borrower furnishing a permanent Government Servant as surety to guarantee the due performance and observation by him of the conditions of the agreement dated ___________ and/or of the mortgage deed, dated _______________. And whereas Shri _______________ has fulfillment of the conditions of the advance of loan agreed to stand as surety for the Borrower on the terms and conditions hereinafter appearing. Now this deed witnesses and the parties hereto agree as follows :-

(1) In pursuance of the said agreement and in consideration of sum of Rs. ____ advance by the Government to the Borrower as loan, the surety hereby agrees that the borrower shall duly, faithfully, and punctually perform all the conditions set out in the agreement dated _____________ and to be performed and observed by him and that in the event of the failure of the borrower to perform any of the said conditions and of the borrower dying or ceasing to be in service for any cause that what so ever before the amount due to the Government from the borrower is fully paid off, the surety shall immediately pay the entire amount due to the Government on account of the principle and interest under the said agreement and/or the mortgage deed.

(2) For the consideration aforesaid and in further pursuance of the agreement it

is hereby agreed that the liability of surety shall not be affected by the Government granting time or any other indulgence to the borrower.

(3) The Government shall be entitled to deduct from the pay, Travelling

Allowance or any other sum which may be or become payable by the Government to the surety the amount due to it from the surety under this deed. Witness where of the parties have signed, this deed on the dates respectively mentioned against their Signature in the 52 years of the Republic of India.

Signature of the surety. Witness : Signed by for and on behalf of the (1) Governor of Haryana. (2)

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ANNEXURE - III

Agreement Deed

An agreement to be executed by Government servant at the time of or before drawing advance for the purchase of land and/or construction of house for adjustment of the balance of advance outstanding at the time of retirement against the death-cum-retirement gratuity. An agreement made on ______________ day of ______________Two thousand ____________________ between _______________ of ______________ (hereinafter called the borrower which expression shall include his legal representative and assigns) of the one part and the Governor of Haryana (hereinafter called 'The Governor' which expression shall include his successors and assigns) on the other part. Whereas the Borrower has agreed to purchase/has purchased for the purpose of erecting a house thereon the piece of land situated in ______________ in the registration district of ____________ sub-district _________ thana ___________ containing ____________more or less and bounded on the north by _____________ south by ___________ east by ____________and on the west by _______________ Rs. __________ (hereinafter referred to the said land) for the sum of Rs. __________. And whereas the borrowers has under the provision of the Haryana Government letter No. 2118-WM(I)-67/20006, dated the 5th September, 1967 applied to the Governor for a loan of Rs. ________. And whereas it is permissible under the provision of the aforementioned letter hereinafter referred to as the said order which expression shall include any amendment thereof for the time being in force that the last installment of loans together with the interest accrued thereon will be recovered from the D.C.R.G. payable at the time of retirement; provided the Government servant concerned executes an agreement to the effect and cancels any nomination made by him under rule-4 (6) (b) of the New pension rules contained in Appendix-2 of the Punjab Civil Services Rules, Volume-Il, so as to leave Government free to appropriate the sum found payable to him after retirement in adjustment of balance of the advance. Now it is hereby agreed between the parties hereto that in consideration of the said orders the borrowers, having cancelled the nomination made by him under rule-4(6)(b) of the aforesaid New Pension Rules, hereby authorised the Governor to extinguish the last installment of loan together with the interest accrued thereon from the D.C.R.G. payable to the borrower. In witness thereof the borrower has hereunto set his hand the day and year first before witness.

Signed by the said borrower In the presence of 1. Witness : 2. Signature of DDO

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AFFIDAVIT

Rs. 3/-

I, _______________________ S/o, W/o, D/o _______________________ working as _________________________ in the _________________________ office of ___________________________ do hereby solemnly declare and affirm that I have not drawn/drawn any house building advance (under any scheme sponsored by the Government) for the construction of house/repair of house/extension of house and purchase of plot so far as per details given below:-

Sr. No. Amount drawn Date of drawal Purpose

1.

2.

3.

4.

5.

I also solemnly declare that I am the sole owner of the plot/house _____________. It is further certified that the Plot/House in question is free from all encumbrances. I also declare that I have no other house either in my name or in the name of my family to live in India and I want to construct a house/repair of house/to extend my house for my own bonafide residential use on the above plot. Certified that the balance if any, left after the use of the advance for the purpose it is taken will at once be refunded to Government. Certified that I have more than five years' service period of retirement. I am not likely to retire within five years from the date of the application. Place : DEPONENT Date : Verification : The above information is true to the best of my knowledge and belief and nothing has been concealed therein. DEPONENT

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ANNEXURE-V

AFFIDAVIT

Rs. 3/-

I, _______________________ S/o W/o D/o _______________________ employed as _________________________ under the Government of Haryana do hereby solemnly declare and affirm that my wife/husband ____________________ is not a Government employee, and has not applied for or obtained as advance under these rules during the period of my past service. I also declare that the plot/house _____________________________ is not/is jointly owned by me with my wife/husband. The above information is true and nothing has been concealed therein. DEPONENT Place : Dated : Verification : The facts given above affidavit are true to the best of my knowledge and belief and nothing has been concealed therein. DEPONENT

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ANNEXURE - VI I, ____________________________________ authorise the Accountant General, Haryana to recover from the death-cum-retirement gratuity, which would become due to me on the date of my superannuation retirement, the balance of outstanding house building advance with interest, in terms of the penultimate paragraph of the agreement dated _____________. Dated: Signature ________________________ Designation of the Government servant Certified that I hereby cancel the nomination made by me in respect of the death-cum-retirement gratuity payable to me at the time of retirement. Dated: Signature ________________________ Designation of the Government servant

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 4/2/98-1FR/5705 To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 4th November, 2003

Subject : Grant of Dearness Allowance to Haryana Government Employees on revised and un-revised scale of pay.

Sir,

I am directed to refer to this Department circular letter No. 4/2/98-1FR-/2558, dated 5th May, 2003 on the subject noted above and to say that the Governor of Haryana is pleased to decide that Dearness Allowance payable to Haryana Government Employees shall be enhanced from the existing rates of 55% to 59% of the pay w.e.f. 1st July, 2003.

2. Those employees who opt to retain the pre-revised scales of pay or drawing pay in the unrevised scale after 1-1-96, the rates of DA in their case from 1st July, 2003 will be the same i.e. 59% as are applicable to the employees who are drawing the revised pay scales. However, while calculating the Dearness Allowance @ 59% in such cases, the following components will be taken into account :-

1. Basic Pay

2. Dearness Allowance applicable on 1-1-96, i.e. 148%, 111% and 96% as the case may be.

3. Interim relief-I

4. Interim relief-II

3. The arrears on account of enhancement in Dearness allowance from 1st July, 2003 to 31st October, 2003 in respect of all Government employees shall be credited to their General Provident Fund Account. However, it will be paid in cash from 1st November, 2003 i.e. for the month of November, 2003 paid in December, 2003

4. The other provisions regarding payment of dearness allowance contained in FD's letter No. 4/2/98-1FR-II/623, dated 30.4.99 shall continue to be applicable while regulating Dearness Allowance under these orders.

5. Copy of this order is also available on website which can be downloaded from the Site ―www.haryana.nic.in,‖ Yours faithfully,

Sd/- (V.S. Yadav) Deputy Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been modified vide No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.

No. 68/2/2001/FD/Pension/SO-3 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, The Commissioner, Ambala Division, Sub Divisional Officers, The Registrar, Punjab & Haryana High Court and All District and Sessions Judges in Haryana. Dated, Chandigarh the 6th November, 2003 Subject : Adoption of procedure for expeditious finalisation of cases of pensionary

benefits in a time bound manner. Sir, I am directed to invite your attention towards three-detailed policy notifications issued by the Finance Department Vide No. 68/2/2001/FD/Pension SAP, dated 3.9.01,3.1.02 and 13.9.02 on the issue of speedy disposal of pension cases. It has been observed that these guidelines are not being implemented strictly in letter and spirit.

2. It is to inform you that a retiree is entitled for the following retiral benefits at the time of his retirement :-

1. Pension/Family Pension

2. Gratuity

3. Commutation of pension

4. General Provident Fund

5. Leave encasement

6 Group Insurance (GIS)

It may be ensured that these benefits are sanctioned to the Govt. employees before the day he retires.

3. It has also been observed that format of three statements in which monthly progress reports regarding pending pension cases are required to be sent to FD and which were circulated vide letter dated 3rd Sept. 2001 need some amendment in it. Therefore, FD has revised the format of statement I, II & III and a copy of the amended formats is enclosed herewith.

4. It is requested that new tabular formats may be used while sending the monthly progress report to FD by 7th of the month. These instructions may please be brought to the notice of all concerned dealing with pension cases for strict compliance. It is requested that the

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report for the month of October, 2003 may be sent in the revised Performa by 7th November, 2003. Yours faithfully, Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 68/2/2001/FD/Pension/SO-3 Dated, Chandigarh, the 6th Nov., 2003 A copy is forwarded to the Accountant General (A&E) Haryana Chandigarh with the request to give priority to issue PPO/GPO for pension/family pension, commutation payment order and final GPF payment order. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :- 1. All the Financial Commissioner in Haryana and 2. All the Commissioners & Secretaries to Govt. Haryana. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To 1. All the Financial Commissioner in Haryana and 2. All the Commissioners & Secretaries to Govt., Haryana. U.O. No. 68/2/2001/FD/Pension/SO-3 Dated, Chandigarh, the 6th Nov., 2003.

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No. 4/7/99-6FR/5638 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 14th November, 2003

Subject : Grant of Dearness Relief to the Pensioners/family pensioners of the Haryana Government on revised and unrevised pension/family pension.

Sir/Madam, I am directed to invite a reference to letter No. 4/7/99-6FR-II/2933, dated 19th May, 2003, on the subject noted above and to say that the Governor of Haryana is pleased to decide that the dearness relief to the pensioners/family pensioners of the Government of Haryana, to compensate them for the rise in the cost of living beyond the average Consumer Price Index Level 306.33 (as on 1.1.96), shall be paid on unrevised and revised pension/family pension with effect from 1st July, 2003 to modified as below :-

Rates of Dearness Relief on unrevised pension/family pension

Date from which payable

Pension/Family Pension Per month

Rate of dearness relief per month

1.7.2003 (i) Not exceeding Rs. 1750/- 295% of the Pension/Family Pension.

(ii) Exceeding Rs. 1750/- but not exceeding Rs. 3000/-.

221% of the Pension/Family Pension subject to a minimum of Rs. 5162/-.

(iii) Exceeding Rs. 3000/- 192% of the Pension subject to a minimum of Rs. 6630/-

Rate of Dearness Relief on revised Pension/Family Pension.

Date on which payable Rate of Dearness relief per month

1.7.2003 59% of Pension/Family Pension

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa. 3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension,

537

special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned. 5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 59% of pension family pension w.e.f. 1st July, 2003. Therefore, it has been decided to dispense with the issue of enclosing ready reckoner alongwith dearness relief orders. It will now be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 7. Copy of this order is also available on website which can be downloaded from the site www.haryana.nic.in. 8. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 1/2/19/99/SO-III/Pension From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments in Haryana, All Divisional Commissioners and All Deputy Commissioners, All Sub Divisional Officers (Civil) in State, The Registrar, Punjab and Haryana High Court, Chandigarh.

Dated, Chandigarh, the 20th November, 2003

Subject : Counting of Special Pay as part of pay in pension cases. Sir, I am directed to invite a reference to F.D. Notification No. GSR-31/Const./ Art/309/2001, dated 7.12.2001 on the subject noted above and to say that after examination of the case of such employees who were appointed into Govt. Service before 1.11.66, it has been decided that these employees will continue to get the benefits of Special Pay as per provision of Rule 6.19(c) and the amendment dated 7.12.01 will not be applicable in their case. The issue to take up the matter with Govt. of India in their case has been dropped.

These instructions may please be brought to the notice of all the officers/officials under your control for necessary action. Yours faithfully,

Sd/- Deputy Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All the Financial Commissioners, Haryana and All Administrative Secretaries Haryana; for information. Sd/- Deputy Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

All the Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana.

U.O. No. 1/2/19/99/SO-III/ Pension, Dated, Chandigarh, the 20-11-03

Endst. No. 1/2/19/99/SO-III /Pension, Dated, Chandigarh, the 20-11-03.

A copy is forwarded to the Accountant General (A&E) Haryana, Chandigarh for his information & necessary action. Sd/- Deputy Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have become obsolete.

No. 68/2/2001/FD/Pension/SO-3 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To AII Heads of Departments and All the Divisional Commissioners Registrar, Punjab & Haryana High Court, Chandigarh. All the Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana State. Dated, Chandigarh, the 24th December, 2003 Subject : Monthly Progress Report of pension cases. Sir, I am directed to invite your attention towards instructions issued by Finance Department vide letter No. 68/2/2001-FD/Pension/SAP, dated 8th September, 2001 and letter No. 68/2/2001-FD/Pension/SO3, dated 6th November, 2003 vide which a monthly progress report of pension cases is required to be sent to FD by 7th of each month. It has been observed that this report is not being sent by different departments by due date rather sent late by about one month then the schedule fixed by the FD. For example, the report for the month of September, 2003 was required to be sent by 7th October, 2003 but in most of the cases it has been received in the month of November. This late submission of monthly progress report by the departments also hampers its scrutiny by the Finance Department and by the time a particular report is examined and observations are conveyed to the department, the next report is already due which results into overlapping of references from departments and the Finance Department. To overcome this situation it is necessary that monthly progress report is sent to Finance Department by the stipulated date to avoid overlapping of references and also to ensure speedy disposal of pension cases. I have, therefore, been directed to impress upon you to ensure that monthly progress report of pension cases is sent to the Finance Department by the stipulated date and you may also issue suitable instructions to all your subordinate, offices and dealing hands of pension cases to ensure submission of progress report to FD well in time. Receipt of this communication may please be acknowledged. Yours faithfully, Sd/- Accounts Officer Pension for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 68/2/2002/Pen/FD/SO3 Dated, Chandigarh, the 24-12-2003

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A copy is forwarded to A.G.(A&E), Haryana, Chandigarh for information. Sd/- Accounts Officer Pension for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

All the Financial Commissioners in Haryana, All the Commissioners and Secretaries to Government, Haryana. Sd/- Accounts Officer Pension for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners in Haryana, All the Commissioners and Secretaries to Govt., Haryana. U.O. No. 68/2/2002/FD/Pension/SO-3 Dated, Chandigarh, the 24-12-2003

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No. 10/15/97-1PR(FD)

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, All Divisional Commissioners, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 30th December, 2003

Subject : Revision of pay scales.

Sir,

I am directed to refer to Haryana Government Notification No. GSR.3/Const./Art. 309/1998, dated the 7th January, 1998 and No. GSR.4/Const/Art./309/1998, dated 07.01.1998 vide which the pay scales of State Government employees were revised w.e.f. 01.01.1996 and to Finance Department letter No. 1/65/98-3PR(FD), dated 7.8.98 and letter No. 10/15/97-1PR (FD), dated 28.04.2003 vide which the pay scales of some categories of employees were revised /further revised w.e.f. 01.01.1996 and dated 01.02.2003.

2. Some departments had been requesting the Finance Department to remove the anomalies in the pay scales of certain categories of employees. Having examined the proposals received from the department, the Govt. in Finance Department has observed that there exists no anomaly in the proposal of the department but taking a stock of the recommendations of the HPOC, it has been decided by the Government to modify/further modify the pay scales of some of the posts as per details given in Annexure 'A'.

3. The pay of the employees whose pay scales have been modified/further modified as detailed in Annexure 'A' to this letter is to be fixed in accordance with the normal rules laid down in the Punjab. Civil Services Rules Vol. I, Part-I, the rules prescribed vide extra ordinary gazette notification No. GSR3/Const/Art/309/98, dated 07.01.1998 and GSR4/Const/Art/309/98, dated 7.1.98 and the instructions issued on the subject from time to time.

Yours faithfully.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 10/15/97-1PR(FD) Dated, Chandigarh, the 30th Dec., 2003

A copy for Information is forwarded to the following :-

The Accountant General (A&E & Audit), Haryana, Chandigarh; The Home Secretary, Chandigarh Administration, Chandigarh.

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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Sr. No.

Name of the Department

Name of the Post Existing Pay scale as on

01.01.1996 (Rs)

Modified/revised pay scales

1. Agriculture Chief Supervisor (Drilling)

(2 posts)

5450-15-6950-EB-150-8000

Rs. 5500-9000 w.e.f. 01.01.1996

2. Irrigation Earth Work Mistry 2550-3200 There is no objection to grant the pay scale of Rs. 3050-4350 to the remaining Earth Work Mistries w.e.f. 9.10.2003 being a diminishing cadre but the Irrigation Department should first get the option/undertaking from all the Earth Work Mistries including those to whom this scale has already been granted on the court directions, that in case their status is upgraded to Class-III, their age of retirement would be 58 years instead of 60 years.

4. Irrigation Registrar 6500-10500 Rs. 8000-13500 w.e.f. 9.10.03

5. Law & Legislative Translator (i) 1600-2660 w.e.f. 01.01.1986

(ii) 5450-8000 w.e.f. 01.01.1996

(i) Rs. 1640-2900 w.e.f. 1.4.95

(ii) Rs. 5500-9000 w.e.f. 01.01.1996

6. Admn. of Justice (Directorate of Prosecution

Director (1) 15100-18300 +500SP

Rs. 18400-22400 to the present Director, Prosecution as a measure personal to him w.e.f. 9.10.03

7. Rajya Sainik Board/Chief Secretary‘s Organization

(i) Secretary, Zila Sainik Board

(ii) Asstt. Secy., Rajya Sainik Board.

6500-10500

6500-10500

The pay scale of Secretary, Zila Sainik Board revised from Rs. 6500-10500 to Rs. 8000-13500 w.e.f. 9.10.2003. Secretary, Rajya Sainik Board is to examine the feasibility to amend the relevant Service Rules so that ex-military officers may not be eligible for 2nd pension from the State Government.

8. Social Justice & Empowerment

Braille-cum-General Technician in Govt. Blind School, Panipat (1)

4000-6000 Rs. 5000-7850 for the present incumbent as personal measure to him, w.e.f. 9.10.03

9. Welfare of SCs & BCs

Deputy Director (3)

7450-11500 Rs. 8000-13500 w.e.f. 9.10.03

10. Welfare of SCs & BCs

Lady Social Worker

4000-6000 Will remain the same i.e. Rs. 4000-6000 w.e.f. 01.01.1996.

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These instructions have further been clarified vide No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.

No. 68/2/2001/3Pension From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 30th December, 2003 Subject : Guidelines for expeditious disposal of pension cases. Sir, In continuation of this department‘s instructions issued vide letter No. 68/2/2001/ FD/Pension/SAP, dated 03.09.01, 13.12.02 and on the advice of Accountant General Haryana, I am directed to say that the following guidelines be also followed in future in order to streamline the existing procedure regarding expeditious finalizations of pensions cases :-

1. Instead of three copies, four attested copies of photographs (joint photographs) of pensioners/family pensioners must be sent to the A.G. Haryana with the pension/family pension case(s). The competent departmental authority should attest these with their names written on the photographs.

2. One copy of photographs duly attested should be pasted on the application form itself.

3. Three copies of the identification marks of pensioners/family pensioners must also be supplied with the pension/family pension cases.

4. While forwarding the case of calculation of pension to A.G. Haryana for issuance of the C&R, a copy of the calculation of pension based on the average emoluments of last 10 months should be endorsed to the retiree(s) also.

These instructions may please be brought to the notice of all the officers/officials dealing with the pension cases under your control for strict compliance. Receipt of this communication be acknowledged.

Yours faithfully,

Sd/- Under Secretary, Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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Endst. No. 68/2/2001/3Pension Dated, Chandigarh, the 30th Dec., 2003 A copy is forwarded to the Accountant General, Haryana (i) A&E (ii) Audit, Chandigarh for information and necessary action with ref. to his letter No. Pen, 1/)&M study/ 2003-04/2014, dated 17.7.2003. Sd/- Under Secretary, Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

All the Financial Commissioners in Haryana and All the Commissioner & Secretaries to Govt., Haryana. Sd/- Under Secretary, Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners in Haryana and All the Commissioner and Administrative Secretaries

to Govt., Haryana. U.O. No. 68/2/2001/3Pension Dated, Chandigarh, the 30.12.2003.

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(6th January, 2004)

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547

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDlCTION

SPECIAL LEAVE PETITION No. 20144 OF 1991

State of Haryana & Othrs. vs …..Petitioners

O. P. Sharma & Othrs. …..Respondents

WITH

CIVIL APPEALS No. 53-60 OF 1992

State of Haryana & Othrs. vs …..Appellants

Jiwan Dass & Othrs. …..Respondents

WITH

SPECIAL LEAVE PETITION No. 2329 OF 1992

State of Haryana & Othrs. vs …..Petitioners

Om Prakash Arora & Othrs. …..Respondents

WITH

SPECIAL LEAVE PETITION No. 3399 OF 1993

Om Prakash Kaushik & Othrs. vs …..Petitioners

State of Haryana & Othrs. …..Respondents

WITH

SPECIAL LEAVE PETITION No. 3400 OF 1993

Mohar Singh & Othrs. vs …..Petitioners

State of Haryana & Othrs. …..Respondents

WITH

SPECIAL LEAVE PETITIONS NOS. 8878-81 of 1992

Jasram Singh & Othrs. vs …..Petitioners

State of Haryana & Othrs. …..Respondents

JUDGEMENT

Ahmadi. J.

"Delay in Special Leave Petitions is condoned. The Government of Haryana passed orders in June, 1972 for the grant of first and second installments of adhoc relief to its employees w.e.f. 1st April, 1972 at varying rates on account of the rise in the Cost of living. The third instalment of adhoc relief was released w.e.f. 1st December, 1972 under Government order dated 19th December, 1972. The question of grant of regular additional dearness allowance to the employees was under consideration for sometime past. By Government Order dated 20th March, 1974, the state of Haryana decided to grant additional dearness allowance to its employees w.e.f. 1st June, 1973, 1st Sept., 1973, 1st October, 1973 and 1st January, 1974 at the rates indicated in the table appended to the said order. The additional dearness allowance was to be calculated on the emoluments comprising pay, dearness allowance and the two adhoc relief‘s above mentioned. It was further provided that while making payments of additional dearness allowance, a part of the amount of the adhoc

548

relief‘s earlier granted shall be adjusted as set out in columns 5 & 7 of Annexure I to the said Government order. Such a deduction was also made from the emoluments payable to the college teachers. Thereupon, a Civil Writ petition No. 966 of 1988 came to be filed in the High Court of Punjab & Haryana challenging the deduction made from the emoluments of the college teachers. That Writ Petition and similar other Writ petitions were allowed by a Division Bench of the High Court on 18th July, 1988. The High Court held that the deduction of Rs. 45 per month made from the emoluments of the college teacher, was illegal and directed a refund of the amount for the period of three years and two months immediately preceding the date of filing of the Writ Petitions and restrained the State Government and other concerned authorities from deducting the said amount from salary paid in future. Subsequently, in the case of Nitya Nand & Ors. vs State of Haryana & Ors. (Civil Writ petition No. 5563-A of 1989) the High Court relying on the aforesaid decision the case of college teachers disposed of the writ petition on the same terms. A spate of Writ petition came to be filed thereafter by other employees of the State Government and these too were allowed on the basis of the decision in Nitya Nand's case. Some of these have given rise to Civil Appeals Nos. 53-60 of 1992. It may here be mentioned that against the decision of the High Court in the College Teacher's case Special Leave Petitions Nos. 3695, 3572 and 3574 were filed but these were withdrawn on 12th January, 1993 for the reason which we shall point out hereafter. In subsequent writ petitions which came to be filed in the High Court the State Government pointed out that an error had crept in while disposing of Nitya Nand's petition on the basis of the judgment in the College Teacher case. When the said group of Writ Petitions came up for hearing before a Division Bench comprising the Acting Chief Justice and J.J.Gupta J, the petitioner‘s were directed to make a comprehensive representation to the Government. and the later was directed to examine the same and dispose it of by a speaker order. The said representation was rejected by a speaking order broadly on the following grounds:

1. There is no legal or vested right to get a particular quantum of dearness allowance.

2. The adhoc relief‘s were granted in the year 1972 without adopting any formula with reference to the cost of living.

3. Vide letter dated March 20, 1974, the additional dearness allowance was granted on every 8 point increase in the Consumer Price Index. The adhoc relief given earlier on a slab system without reference to any formula was found to be higher than what was permissible on the basis of Consumer price Index formula.

4. On the basis of calculations it was found that the dearness allowance granted by way of adhoc relief was in excess to the extent of Rs. 9.40 to Rs. 45 in various categories of pay slabs when compared with the admissible dearness allowance as per Consumer Price Index. As a Principle, it was not considered desirable to reduce the emoluments or to recover the excess amount drawn by the employees. It was decided that the additional dearness allowance would only accrue after the adjustment of the excess adhoc relief already granted.

A detailed replication was filed against the said order. The Division Bench of the Hon'ble High Court considered the same and came to the conclusion that factually the adhoc relief granted in 1972 was adhoc, pure and simple, and was in excess of the additional dearness allowance worked out on the cycle of every 8 Points rise in the Consumer Price Index. The High Court, therefore, felt that the State Government was well within its right to adjust the excess amount drawn by the employees towards future installments of additional dearness allowance and such adjustment could not be ruled as unfair arbitrary or in violation of law. In regard to the decision in Nitya Nand's case based on the decision in the College Teachers case,

549

the High Court pointed out that the adjust of adhoc relief made in the case of College Teachers was wholly unjustified for the reason that the Teachers were in fact not granted any adhoc relief under the State Government's Order of 1972. Consequently, in their case, the question of adjustment of excess payment did not arise and, therefore, the High Court was justified in striking down the deduction made on the erroneous assumption of excess payment. The High Court pointed out that this aspect of the matter has escaped the attention of the Court in Nitya Nand's case. Even the State Government having realised its mistake in deducting the excess quantum of adhoc relief from the additional dearness allowance payable to College Teachers decided to withdraw the Special Leave Petitions Nos. 3695, 3572 and 3574 of 1992. It is, therefore, obvious that the case of College Teachers turned on this special fact and could not have been treated as an authority or an analogy for deciding the case of other Government servants like Nitya Nand who had in fact received benefit of interim relief under the 1972 orders. The High Court, therefore, did not consider Teachers case and Nitya Nand's case as binding precedents to be followed i.e. batch of writ petitions which came up for decision before it on 18th September, 1991. Division Bench of the Hon'ble High Court, therefore, dismissed the Writ Petitions upholding Government Order of 20th March, 1974. As stated earlier, the State Government realised the mistake it had committed in the college Teachers case and, therefore, withdraw the special Leave Petition filed against the judgement rendered in their case, The decision in Nitya Nand's case was based on the decision in the college Teachers case without realising that Nitya Nand and other Government servants had in fact been the beneficiaries of the interim relief granted in 1972 unlike the College Teachers. No other reason was given in Nitya Nand's case for striking down the relevant Government order. When the other batch of case came up before another Division Bench of which G.C.Mittal, J was a member who was also a member of the Bench which decided the college Teachers case, it was realised that the factual position was not identical and, therefore, petitioners were directed to make a comprehensive representation to the State Government for its consideration. The State Government was also directed to dispose of the said sensation by a speaking order. When the order giving reason for negating the contention of the employees was placed before the Division Bench it appreciated the stand of the State Government since the factual premise in the case of College Teachers was altogether different from the factual premise in the case of other Government servants who had actually received adhoc interim relief. The High Court, therefore, rightly came to the conclusion that the ratio of the College Teachers' case was not applicable to the case of those Government who were the recipients of a adhoc interim relief Since the interim relief granted in 1972 was not based on any formula but was totally adhoc, when the formula for the grant of additional dearness allowance on the cycle of increase by 8 points in the Consumer Price Index was adopted by the State Government, the State Government realised that the adhoc interim relief was in excess by Rs. 9.40 to Rs. 45 per month depending on the pay-slab of a Government servant and, therefore, decided to adjust the increase rather than order lump sum recovery of the excess amount. Such an order passed by the State Government to recover the excess amount in phased manner can never be termed as arbitrary, unreasonable, unfair or illegal. The High Court was, therefore, right in refusing to follow the decisions in Nitya Nand's case in the subsequent writ petitions which were filed by various groups of Government employees who had benefitted from interim adhoc relief. In view of the above we are of the opinion that Civil Appeals Nos. 53-60 of 1992 must be allowed and the order passed by the High Court must be reversed. There will be no order as to costs throughout. The Special Leave Petitions filed by the employees against the subsequent order of the High Court upholding the impugned order of 20th March, 1974 must fail and are rejected. Before parting with the case, we must mention that counsel for the employees made a grievance that the State Government had recovered much more than what it had paid by way of excess adhoc relief. Mr. Kapil Sibal, the learned Senior Counsel, appearing for the State of Haryana with his usual fairness submitted that the deduction to be made from the

550

additional dearness allowance cannot be in excess of the excess adhoc interim relief recoverable from the employees and if in any case excess amount has been recovered the State Government will refund the same if such instances are brought to its notice. He also conceded that the deduction being made from the additional dearness allowances on the basis of excess payment of adhoc interim relief must cease the moment the recovery of the excess amount is completed. In view of this statement made by Mr. Sibal we will leave it to the employees to point out to the State Government specific cases in which recovery is made which is in excess of what the State Government was entitled to recover, namely, the excess amount of adhoc interim relief i.e. payment made in excess of the additional dearness allowances admissible to the employees. Similarly, if the recovery of the excess payment of adhoc relief has been fully realised and yet the State Government is found to be adjusting the same from future additional dearness allowance, the same too may be brought to the notice of the State Government which rectifies the error, if any. New Delhi Sd/- A. M. Ahmadi February 17, 1993. Sd/- N. M. Kasiwal

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551

These instructions have become obsolete.

TIME BOUND INFORMATION REMINDER No. 8/16/2002-5PR(FD) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Department in Haryana, *[Except the departments mentioned at (X)] Dated, Chandigarh, the 9th January, 2004 Subject : Removal of anomalies in the pay scales of General category of Technical

Trade Employees Sir, I am directed to invite your kind attention to the Finance Department letter No. 8/16/2002-5PR(FD), dated 12.08.2003 and subsequent reminder dated 12.12.03 on the subject cited above. 2. It was requested vide letter referred to above to furnish the information regarding the actual number of working non-ITl Technical Employees to assess the financial implications of the demand, but it is regretted to point out that only few departments have replied the above said letter. It is, therefore, requested that the actual number of Non-ITI Technical Employees working in their respective Departments may please be supplied to Pay Revision Branch of FD by 13th January, 2004 through special messenger. Kindly take it on priority basis. Yours faithfully, Sd/- Senior Accounts Officer (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to the Financial Commissioner & Principal Secretaries and Administrative Secretaries to Govt., Haryana for information and necessary action.

They are requested to please get the required information sent to Finance Department at the earliest. Sd/- Senior Accounts Officer (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

552

To The Financial Commissioner & Principal Secretary to Govt., Haryana and All Administrative Secretaries to Govt., Haryana. U.O. No. 8/16/2002-5PR(FD) Dated, Chandigarh 9.01.04

(X) The Chief Electoral Officer, Science & Technology Department Archives Department Economics & Statistical Department Hr. Forest Dev. Corpn. Ltd. Under Secretary Estt.-II Women & Child Development Food & Supplies Department Haryana Vidhan Sabha Sectt. Director, Tourism, Haryana Maharishi Dayanand University, Rohtak

Pandit Bhagwat Dayal Sharma Post graduate Institute of Medical Science Rohtak Printing & Stationery Department Prosecution Department Rehabilitation Department Secretary to Governor, Haryana The Chief Electoral Inspector Hr. Public Service Commission Social justice & Empowerment Department Environment Department Fisheries Department Institutional Finance & Credit Control Department

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553

No. 1/37/2001-2PR(FD) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Divisional Commissioners, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 9th January, 2004 Subject : Instructions regarding fixation of pay of an employee on his promotion

where the functional pay scale of the feeder post and functional scale of the promotion post are identical.

Sir, I am directed to invite a reference on the subject noted above and to say that Govt. vide instructions No. 1/8/3-PR(FD)/88 dated 7th March. 1988 and No. 1/37/2001-2PR(FD), dated 4th December, 2001 had issued clarification in regard to fixation of pay of an employee on his promotion, where the functional pay scale of the feeder post and functional scale of the promotion post are identical. 2. It has been observed that some of the departments are not following the above instructions. The Finance Department has taken a serious view of it. It has already been clarified vide instructions No. 1/8/3-PR(FD) dated 7.3.1988 and No. 1/37/2001-2PR(FD) dated 4/12/2001 that wherever the functional pay scale of the feeder post and that of the promotional post became identical in the general revision effective from 1.1.86 on account of clubbing of functional pay scales and such a situation has continued effect in general pay revision effective from 1.1.96, the pay of an employee on his promotion in the identical functional pay scale should be fixed at the stage next above subject to a certificate from the competent authority that the promotional post carries higher responsibilities and duties. 3. All the departments are directed to follow the above mentioned instructions in letter and spirit and whenever any doubt arises, the case may be sent to the Finance Department for further clarification, if required. Yours faithfully, Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 1/37/2001-2PR(FD) Dated, Chandigarh, the 9th January, 2004

554

A copy for information is forwarded to the Accountant General (A&E & Audit), Haryana, Chandigarh. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Administrative Secretaries to Govt., Haryana for information and necessary action. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Principal Secy. to Govt., Haryana; All the Commissioner & Administrative Secretaries to Govt., Haryana. U.O. No. 1/37/2001-2PR(FD) Dated, Chandigarh, the 9th January, 2004 A copy is forwarded to the PSCM /Dy. PSCM- I & II/OSD-I & II/Sr. Secretaries/ Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary, for the information of Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The PSCM /Dy. PSCM- I & II/OSD-I & II/Sr. Secretaries/

Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State and Chief Parliamentary Secretary.

U.O. No. 1/37/2001-2PR(FD) Dated, Chandigarh, the 9th January, 2004.

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No. 2/1(2)/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 16th January, 2004 Subject : Disbursement of Pay and Allowances/Pension for the month of January, 2004 Sir, I am directed to say that in view of the Gazetted holidays falling on the 31st January, 1st, and 2nd February, 2004, on account of Saturday, Sunday and Id-ul-Juha respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the January, 2004 for all Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of January, 2004 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 30th January, 2004. Yours faithfully, Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 16th January, 2004. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1(2)/90-4FR Dated, Chandigarh, the 16th January, 2004. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for

556

Haryana State for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners & Principal Secretary to Govt., Haryana. All Administrative Secretaries to Govt., Haryana for information.

Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners & Principal Secretary to Govt., Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 16th January, 2004. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/

Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1(2)/90-4FR Dated, Chandigarh, the 16th January, 2004.

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No. 5/33/2003-6FR

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Heads of Departments, Commissioners, Ambala/Hisar/Rohtak/Gurgaon Divisions, The Registrar, Punjab & Haryana High Court. All the Deputy Commissioners and All the Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 16th January, 2004 Subject : Journey by Air. Sir, I am directed to invite a reference to Haryana Government Finance Department letter No. 5/24/84-1FR-II, 27-9-84,5/4/91-1FR-II dated 1st June, 1992,5/41/95-4FR-II, dated 7-12-1995,5/55/95-4FR-II, dated 16-01-1996, 5/31/99-4FRll, dated 21st March, 2000 and subsequent letter No. 5/27/98-1FR-II dated 23rd April, 2001 on the subject noted above and to say that inspite of numerous instructions some departments are still continuing to allow such officers/officials to travel by air who are not entitled to do so and later on refer the cases to this department for ex-post facto approval. The Finance Department views this tendency very seriously. It is, therefore, reiterated once again that no officer/official who is not entitled to travel by Air as per F.D.'s instructions dated 29-7-98 should be allowed to perform journey beyond entitlement. 2. The above instructions may please be brought to the notice of all concerned for strict compliance. Yours faithfully,

Sd/- (V.S. Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 5/33/2003-6FR Dated, Chandigarh, the 16th January, 2004

A copy is forwarded for information and necessary action to the :-

Accountant General (A&E) and (Audit), Haryana, Chandigarh. The Finance Secretary, Chandigarh Administration, Chandigarh. All Treasury Officers/Assistant Treasury Officers in Haryana. The Director, Treasuries & Accounts, Haryana with 30 copies for information of AOs etc. Sd/- (V.S. Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

558

A copy is forwarded to all the Financial Commissioners, Haryana and all the Administrative Secretaries to Govt. Haryana for information and necessary action. Sd/- (V.S. Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Principal Secretary to Govt., Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 5/33/2003-6FR Dated, Chandigarh the, 16th Jan., 2004 A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for information of the Chief Minister/Ministers/Ministers of State/ Chief Parliamentary Secretary. Sd/- (V.S. Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Secretaries/Private Secretaries to the

Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary.

U.O. No. 5/33/2003-6FR Dated, Chandigarh, the 16th January, 2004

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559

[Extract from Haryana Government Gazette, dated the 2nd March, 2004]

HARYANA GOVERNMENT

FINANCE DEPARTMENT

(PENSION BRANCH)

The 20th February, 2004

No. 1/2(8)98-3Pension.-In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following amendment in the Haryana Government, Finance Department (Regulations), Notification No. 1/2/8/98-2FR-II, dated the 4th March, 2003, namely :-

Amendment

In the Haryana Government, Finance Department (Regulations), Notification No. 1/2/8/98-2FR-II, dated the 4th March, 2003, in rule 1, for sub-rule (2), the following sub-rule shall be substituted, namely :-

"(2) They shall come into force with effect from 4th March, 2003.".

CHANDER SINGH

Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 1/2 (8)98-3Pension, Dated, Chandigarh, the 20th February, 2004

A copy for information is forwarded to :-

All Heads of Department, Commissioners of Divisions in Haryana. The Registrar, Punjab and Haryana High Court, Chandigarh. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Sd/-

Under Secretary Finance (Pension), for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

No. 1/2 (8)98-3 Pension, Dated, Chandigarh, the 20th February, 2004

A copy is forwarded to the Accountant General (A & E) Haryana, Chandigarh for his information and necessary action.

Sd/- Under Secretary Finance (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy for information and necessary action is forwarded to :-

All the Financial Commissioners and Principal Secretaries to Govt., Haryana.

All the Administrative Secretaries to Government, Haryana.

Sd/- Under Secretary Finance (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

560

To

All the Financial Commissioners, Haryana and All Administrative Secretaries to Government, Haryana.

U. O. No. 1/2 (8)98-3 Pension, Dated, Chandigarh, the 20th February, 2004

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561

These instructions have been Modified vide No. 5/44/99-1FRII, Dated 3.01.2000.

(27th February, 2004)

(Concessional

Scheme)

Concessional ticket

562

I & II

I & II

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563

(2nd March, 2004)

564

565

PERFORMA

I. (a) Department

(b) Subject/Title of the Review/Paragraph

(c) Paragraph No.

(d) Report No. and Year

II. (a) Date of receipt of the Draft Paragraph/Review in the Department.

(b) Date of Department‘s reply

III. Gist of Paragraph/Review

IV. (a) Do the Department agree with the facts and figures included in the Paragraph?

(b) If not, please indicate the areas of disagreement and also attach documents in support.

V. (a) Main Audit conclusions : (1) Deficiency in the existing system including

system of internal control. (2) Failure to follow the systems and procedure. (3) Failure of individuals. (4) Amount of loss/short assessment/ short levy.

(b) Do the department agree with the Audit conclusions? If not, please indicate specific areas of disagreement, reasons for disagreement and also attach copies of relevant documents, where necessary.

VI. Remedial action taken :

(i) Improvement in system and procedure including internal controls.

(ii) Recovery of over payment pointed out by Audit.

(iii) Recovery of under assessment, short levy or other dues.

(iv) Writer off of amount of losses/wasteful expenditure/irrecoverable amount.

(v) Modifications in the scheme including financing pattern.

(vi) Review of similar cases/complete scheme/project in the light of finding of sample check by Audit.

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566

These instructions have been Reiterated from time to time.

MOST IMMEDIATE DATE BOUND No. 1/12/91-WM(7)

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All the Heads of Departments in Haryana, All Commissioners of Divisions in Haryana.

Dated, Chandigarh, the 29th March, 2004

Subject : Reconciliation of figures under the Major Head — ―0049-Interest Receipts‖.

Sir,

I am directed to invite your attention towards Finance Department's letter No. 1/12/91-7WM, dated 5-9-2003, 20.11.2003 and 1.3.2004 on the subject cited above whereby you were requested to depute concerned official of department to the o/o A.G. (A&E) Haryana to ensure that the reconciliation work is completed within one week positively and in future it may be ensured that reconciliation on work must be completed by 7th day of 2nd following month to which the accounts pertain.

2. Loans and Advances are granted through the Heads of Department by the Finance Department and the recovery of interest on loans and advances are booked under the Major Head ―0049-Interest Receipts". The Accountant General Haryana has again pointed out that reconciliation work under Major Head "0049-Interest Receipts" is in arrears for more than 9 months. They are, therefore, requested again to depute the concerned Accounts officer/official of their department to the office of the Accountant General (A&E) Haryana to ensure that the reconciliation work relating to the accounts for the year 2003-04 by 31.3.2004 positively under intimation to Finance Department.

Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 1/12/91-WM(7) Dated, Chandigarh, the 29-3-2004 A copy is forwarded to the Accountant General (A&E) Haryana, Sector-33, Chandigarh w.r.t. his D.O. letter No. TM(C) Recon. 2003-04/1610 dated 27-2-2004 and FD letter No. 20/1/2002-6B&C Dated 16-8-2004 for information.

Sd/- Superintendent Ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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567

No. 46/1/2003-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Head of Departments in Haryana, Commissioner of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 7th April, 2004 Subject : Grant of interest free advance to Government employees for the purchase of

wheat during the year 2004-2005. Sir, I am directed to inform you that the State Government has decided to grant an interest free advance of Rs. 4000/- (Rs. Four thousand only) to all Class-IV Govt., employees in the State who wish to buy wheat for their own consumption during the year 2004-2005. The advance will be recoverable in monthly instalments to be fixed by the Departments concerned so as to effect its full recovery before the close of the financial year 2004-2005 i.e. full loan should be recovered before 31.3.2005. 2. The advance will be admissible to permanent/temporary regular Class-IV employees only. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would, in the case of temporary employees, allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanees before the close of the financial year 2004-2005. 3. The following conditions should be observed in sanctioning this loan :-

(i) A certificate should be obtained from the loanee to the effect that he has utilized the loan for the purchase of wheat, within one month of the drawal of the advance.

(ii) The officer concerned, before sanctioning the advance, should satisfy himself that the incumbent will continue in service until full recovery of the total amount of advance is effected.

(iii) These orders will cease to operate after the 31st May, 2004.

(iv) The recovery of the first instalment of the advance should preferably be made from the pay for the month of May, 2004.

(v) The advance should not be granted to those Class-IV employees on deputation to other Govt./Corporations and Local Bodies etc.

(vi) The advance will not be admissible to work charged and daily wages employees.

(vii) Where both husband and wife are employed, the wheat advance should be allowed to only one of them.

568

4. It is requested that the schedule of recoveries should be attached with each pay bill in the proforma enclosed. It is also requested that the detailed accounts of the recoveries of the loan should be maintained by the Drawing and Disbursing Officers which should be reconciled with the office of the Accountant General, Haryana (A&E) every month. 5. The expenditure incurred on the grant of wheat loan may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by 30.6.2004 positively in the enclosed Performa. 6. The expenditure may be debited to the Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99) Advances for purchase of Food grains 50-advances (non-plan). The recoveries made may be credited to the corresponding receipt head i.e. "7610- Loans to Govt. Servants etc. 800-other Advances-(99)Advance for Purchase of Foodgrains-50-Advances(Receipt). Yours faithfully,

Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 46/1/2003-WM(6) Dated, Chandigarh, the 7th April, 2004 A copy is forwarded to the Accountant General, Haryana (Accounts and Audit), Haryana, Chandigarh for information and necessary action.

2. The expenditure will be debited against grant No. 25 under Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99)-Advances for purchase of Food grains-50 Advances (Non Plan).

3. Detailed accounts of the recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 46/1/2003-WM(6) Dated, Chandigarh, the 7th April, 2004 A copy is forwarded to all Treasury Officers/Assistant Treasury Officers Haryana with the request that date given in the letter may please be strictly followed and no bill be passed after 31.5.2004. The payment made on the basis of the sanction issued by the Department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Copies are forwarded to :-

The Financial Commissioner & Principal Secretaries to Govt. Haryana, Revenue, Department.

569

All the Financial Commissioner & Principal Secretaries/Administration Secretaries to Govt. Haryana;

for information and necessary action. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To The Financial Commissioner & Principal Secretaries to Govt.,

Haryana, Revenue, Department. All the Financial Commissioner & Principal Secretaries/

Administration Secretaries to Govt., Haryana. U.O. No. 46/1/2003-WM(6) Dated, Chandigarh, the 7th April, 2004 A copy each is forwarded to the Principal Secretary/Dy. Principal Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To The Principal Secretary/Add. Principal Secretary/Deputy Principal

Secretary/Officer on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to the Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secy./Deputy Chairman, Planning Board, Haryana.

U.O. No. 46/1/2003-WM(6) Dated, Chandigarh, the 7th April, 2004 No. 46/1/2003-WM(6) Dated, Chandigarh, the 7th April, 2004 Copy of MD‘s of all Boards/Corporations etc. in the Haryana. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

570

PROFORMA

Name of Department

Name of Office Drawing and Disbursing Officer

Amt. of wheat adv. to employees

1 2 3 4

SCHEDULE OF RECOVERIES

S. No.

Name & Designation

of employees

Total amount

of advance

Recoveries upto last month

Amount of advance

recovered in this bill

Total amount

recovered upto date

Balance Remarks

1 2 3 4 5 6 7 8

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571

These instructions have obsolete.

No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 21st April, 2004 Subject : Disbursement of Pay and Allowances/Pension for the month of April, 2004. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st May and 2nd May, 2004, on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the April, 2004 for all Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of April, 2004 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 30th April, 2004. Yours faithfully,

Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/1/2/90-4FR Dated, Chandigarh, the 21st April, 2004.

A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/1/2/90-4FR Dated, Chandigarh, the 21st April, 2004.

A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

572

A copy is forwarded to :-

All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 21st April, 2004. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Principal Secretary/Addl. Principal Secretary/ Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 21st April, 2004.

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573

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Divisional Commissioners and Deputy Commissioners in Haryana. Memo No. 5/3/III Pension/2004

Dated 6th May, 2004 Subject : Monthly progress report of pension cases. Sir, Kindly refer to the subject cited above. 2. It has been observed that monthly report of pension cases is not being sent in a consolidated form and different reports for different branches are being sent which hampers their proper examination in the Finance Department and also does not reflect the true picture of pendency in pension cases. You are, therefore, advised to assign the work of submission of monthly progress report of pension cases to one branch of your office while the other branches may be instructed to send the report internally to the coordinating branch which has been assigned the work of submission of monthly progress report to Finance Department. 3. Necessary compliance of the aforesaid instructions may please be ensured. Yours faithfully, Sd/- Accounts Officer (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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574

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

Office Memorandum

No. 1/16/2004-3PR(FD) Dated, the 17th May, 2004 Subject : Merger of 50% of Dearness Allowance/Dearness Relief with basic pay/pension

to Government employees/pensioners w.e.f. 1.4.2004. Sir, I am directed to invite your attention on the subject noted above and to say that the matter regarding merger of 50% Dearness Allowance/Dearness Relief with Basic Pay/Pension to Government employees/pensioners on the pattern of Government of India has been under consideration of the State Government and the Governor of Haryana is pleased to decide that w.e.f. 1.4.2004, D.A. equal to 50% of the existing basic pay shall be merged with the basic pay and shown distinctly as Dearness Pay (DP) which would be counted for purposes like payment of allowances, transfer grant, retirement benefits, contribution to GPF, License Fee, various advances etc. The entitlement for LTC, TA/DA while on tour and transfer and Government accommodation shall, however, continue to be governed on the basis of the basic pay alone without taking into account Dearness Pay. In case of existing pensioners, Dearness Relief equal to 50% of the present pension will, w.e.f. 1.4.2004, be merged with pension and shown distinctly as Dearness Pension. Dearness Allowance/Dearness Relief converted into Dearness Pay/Dearness Pension respectively would be deducted from the existing rate of Dearness Allowance/Dearness Relief. 2. To ensure that pensioners retiring between 1.4.2004 to 31.1.2005 do not face any loss in fixation of pension, as a special dispensation in their case, DA equal to 50% basic pay would be treated as basic pay for purpose of computation of pension in respect of basic pay received by them prior to 1.4.2004. Consequently, element of dearness pension will exist only for pensioners retiring from Government of Haryana up to 31.3.2004. Yours faithfully, Sd/- (Balwant Singh) Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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575

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 4/2/98-1FR/1289 To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 18th May, 2004 Subject : Grant of Dearness Allowance to Haryana Govt. Employees on revised and

un-revised scale of Pay. Sir, I am directed to invite a reference to this Department circular letter No. 4/2/98-1FR/5705, dated 4th November, 2003 on the subject noted above and to say that the Governor of Haryana is pleased to decide that dearness allowance payable to Haryana Govt. employees shall be enhanced from the existing rates of 59% to 61% of the pay w.e.f. from 1st January, 2004. From 1.4.2004, Dearness Allowance equal to 50% of basic pay would be converted to Dearness Pay. Consequently, Dearness Allowance from 1.4.2004 would be payable at the rate of 11%. 2. The other provisions regarding payment of dearness allowance contained in FD‘s letter No. 4/2/98-1FR-II/623, dated 30.4.99 and for those employees who opted to retain pre-revised scales in their case provisions contained in Para 2 of letter No. 4/2/98-1FR-II/654, dated 23rd June, 2000 shall continue to be applicable while regulating Dearness Allowance under these orders. However, with effect from 1.4.2004, Dearness Allowance will be computed on the basis of Basic Pay, Dearness Pay and NPA. 3. The arrears on account of enhancement in Dearness Allowance from 1st January, 2004 to 31st March, 2004 in respect of all Govt. employees shall be credited to their General Provident Fund Account. However, it will be paid in cash from 1st April, 2004 i.e. for the month of April, 2004 paid in May, 2004. 4. Copy of this order is also available on website which can be downloaded from the site ―www.haryana.nic.in‖.

Yours faithfully,

Sd/- (V.S.Yadav) Deputy Secretary, Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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576

GOVERNMENT OF HARYANA

DEPARTMENT OF FINANCE

Office Memorandum

No. 4/7/99-6FR/1743 Dated: Chandigarh, 31st May, 2004 Subject : Grant of dearness relief to the pensioners/family pensioners of the

Haryana Government on the revised pension/family pension. Sir/Madam, I am directed to invite a reference to this department circular letter No. 4/7/99-6FR/5638 dated the 14th November, 2003 on the subject noted above and to state that the Governor of Haryana is pleased to decide that the Dearness Relief payable to Haryana Government pensioners/family pensioners shall be enhanced from the existing rate of 59% to 61% of the revised pension/family pension w.e.f. 1.1.2004 to compensate them for the rise in cost of living beyond the Average Consumer Price Index 306.33 (as on 01.01.1996). From 1.4.2004, the Dearness Relief equal to 50% of the basic revised pension/family pension would be converted into Dearness Pension/Dearness Family Pension. Thus, the Dearness Relief converted into Dearness Pension/Family Pension would be deducted from the existing rate of Dearness Relief Government have already issued separate orders in this regard vide this department Office Memorandum No. 1/16/2004-3PR(FD) dated the 17th May, 2004 (Copy enclosed). Consequently, the Dearness Relief from 1.4.2004 would be payable at the rate of 11% of the revised basic Pension/Family Pension and Dearness Pension/Dearness Family Pension. 2. It is believed that all the Pensioners/Family Pensioners have got their pension/family pension revised and hence it has been decided that the practice of providing Dearness Relief on the un-revised pension/family pension is dispensed with. However, if there is any such case where a person has not got his/her pension/family pension revised then the Administrative Departments/Departments should get in touch with the concerned pensioner/family pensioner with all means of communication at their disposal and get the same revised. 3. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa. 4. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment. 5. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned.

577

6. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 61% of pension/family pension w.e.f. 1.1.2004 and from 1.4.2004 at the rate of 11% on revised basic Pension/Family Pension and Dearness Pension/Dearness Family Pension. Therefore, it has been decided that it will be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case. 7. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits". 8. Copy of this order is also available on website which can be downloaded from the site www.haryana.nic.in. 9. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. 1. All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. 2. The Registrar, Punjab & Haryana High Court, Chandigarh. Contd… Encl.

578

Copy of Government of Haryana, Finance Department, Office Memorandum No. 1/16/2004-3PR(FD) dated the 17th May, 2004 addressed to All the Heads of Department, All Divisional Commissioners, Registrar, Punjab & Haryana High Court, All Deputy Commissioners and SDOs (Civil) in Haryana & Others. Subject : Merger of 50% of Dearness Allowance/Dearness Relief with basic pay/pension

to Government employees/pensioners w.e.f. 1.4.2004. I am directed to invite your attention on the subject noted above and to say that the matter regarding merger of 50% Dearness Allowance/Dearness Relief with Basic Pay/Pension to Government employees/pensioners on the pattern of Government of India has been under consideration of the State Government and the Governor of Haryana is pleased to decide that w.e.f. 1.4.2004, D.A. equal to 50% of the existing basic pay shall be merged with the basic pay and shown distinctly as Dearness Pay (DP) which would be counted for purposes like payment of allowances, transfer grant, retirement benefits, contribution to GPF, License Fee, various advances etc. The entitlement for LTC, TA/DA while on tour and transfer and Government accommodation shall, however, continue to be governed on the basis of the basic pay alone without taking into account Dearness Pay. In case of existing pensioners, Dearness Relief equal to 50% of the present pension will, w.e.f. 1.4.2004, be merged with pension and shown distinctly as Dearness Pension. Dearness Allowance/Dearness Relief converted into Dearness Pay/Dearness Pension respectively would be deducted from the existing rate of Dearness Allowance/Dearness Relief. 2. To ensure that pensioners retiring between 1.4.2004 to 31.1.2005 do not face any loss in fixation of pension, as a special dispensation in their case, DA equal to 50% basic pay would be treated as basic pay for purpose of computation of pension in respect of basic pay received by them prior to 1.4.2004. Consequently, element of dearness pension will exist only for pensioners retiring from Government of Haryana up to 31.3.2004.

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579

GOVERNMENT OF HARYANA

DEPARTMENT OF FINANCE

No. 1/2/130/01-1Pension 1st June, 2004

Notification Subject : Implementation of Government‘s decision on Pension & Family Pension

related matters - clarifications regarding post/scale of pay held by the pre-1996 pensioners.

Sir, I am directed to refer to Finance Department notification No. 1/2(8)98-2FR-II (Part-VIII) dated 7.1.2002 vide which clarification regarding post/scale of pay held by the pre-96 pensioners was issued. It was clarified vide Para 6 that where ever the words/expression "pension of all pensioners (already consolidated/revised w.e.f. 1.1.96 under FD notifications dated 9.3.98 and /or 13.1.2000/18.1.2000) shall not be less than 50% of the minimum of the pay scale introduced w.e.f. 1.1.96 for the post last held by the pensioners" exist in the notifications (Part-IV or Part-V) dated 18.1.2000 the same shall mean that ―pension of all pensioners irrespective of their date of retirement shall not be less than 50% of the minimum of the corresponding scale as on 1.1.96 of the scale of pay held by the pensioners at the time of superannuation/retirement.‖ It was also clarified that minimum of the scale as on 1.1.96 does not include special pay/NPA or any other component for this purpose. Vide Para 7 of aforesaid notification dated 7.1.2002 it was clarified that in the case of family pensioners the expression shall mean that ―the basic family pension of all pensioners irrespective of their date of retirement/death while in service shall not be less than 30% of the minimum of the corresponding scale as on 1.1.96 of the scale of pay held by the Government employee at the time of retirement or death while in service, as the case may be. It has been brought to the notice of Finance Department that aforesaid clarificatory Notification dated 7.1.2002 has resulted into reduction of pension/family pension in the revised scale applicable from 1.1.96 in some cases. The matter has been carefully considered in consultation with legal Agencies and it has been decided that no recovery as a result of notification dated 7.1.2002 may be affected for the period prior to the issue of notification i.e. up to 7.1.2002, however, the recoveries, wherever required, for the period from 7.1.2002 to 31.5.2004 (29 months) may be made effective from pension/family pension payable for the month of June, 2004 in equated 29 installments. Notice may also be served upon the pensioners/family pensioners before making the recoveries of pension/family pension. Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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HARYANA GOVT. GAZ. (EXTRA.), JUNE 2, 2004 363 (JYST. 12, 1926 SAKA)

[Authorized English Translation]

HARYANA GOVERNMENT

FINANCE DEPARTMENT

Notification

The 2nd June, 2004

No. G.S.R.17/Const./Art. 309/2004.— ln exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume II, in their application to the State of Haryana, namely :-

1. These rules may be called the Punjab Civil Services, Volume II (Haryana First Amendment) Rules, 2004.

In the Punjab Civil Services Rules, Volume II, for rule 4.2A, the following rules shall be substituted, namely :-

―4.2-A A Government employee who retires from a service or post shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension) the actual period not exceeding one-fourth of the length of his service or the actual period by which his age at the time of recruitment exceeds twenty five years or a period of five years, whichever is less, if the service or post to which the Government employee is appointed is one—

(a) for which postgraduate research or specialist qualification or experience in scientific, technological or professional fields, is essential ; and

(b) to which candidates of more than twenty-five years of age are normally recruited :

Provided that this concession shall not be admissible to a Government employee unless his actual qualifying service at the time he quits Government service is not less than ten years:

Provided further that this concession shall be admissible only if the recruitment rules in respect of the said service or post contain a specific provision that the service or post is one which carries the benefit of this rule :

Provided further that this concession shall not be admissible to those who are eligible for counting their past service of superannuation pension, unless they opt before the date of their retirement, which option once exercised shall be final, for the weightage of service foregoing the counting of the past service.

4.2-B. In case of a direct recruit to the superior Judicial Service appointed from the bar the actual period of practice at bar not exceeding ten years, shall be added to his service qualifying for superannuation pension and other retirement benefits.

Explanation.—For removal of doubts, it is hereby clarified that a direct recruit to the Superior Judicial Service appointed from the bar, who immediately before joining the Service was a Law Officer or District Attorney, shall also be

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entitled to the benefit of actual number of years not exceeding ten years, put in by way of practice at the bar being counted towards his service qualifying for superannuation pension and other retirement benefits‖.

BHASKAR CHATTERJEE,

Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 1/2(43)2000-2FR-II Dated, Chandigarh, the 2nd June, 2004.

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions in Haryana. The Registrar, Punjab and Haryana High Court, Chandigarh. Ail Deputy Commissioners and Sub Divisional Officers' (Civil) in Haryana.

Sd/- Under Secretary Finance (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 1/2(43)2000-2FR-II Dated, Chandigarh, the 2nd June, 2004.

A copy is forwarded to Accountant General (Audit/A&E), Haryana Chandigarh for information and necessary action.

Sd/- Under Secretary Finance (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy for information and necessary action is forwarded to :-

All the Financial Commissioners & Principal Secretaries to Government, Haryana. All the Administrative Secretaries to Government, Haryana.

Sd/- Under Secretary Finance (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Financial Commissioners and Principal Secretaries to Government, Haryana. All Administrative Secretaries to Government, Haryana.

U.O. No. 1/2(43)2000-2FR-II Dated, Chandigarh, the 2nd June, 2004.

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No. 36/1/2004-WM(4) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners in Haryana, All Sub Divisional Officers (Civil) All District & Session Judges in Haryana. Dated, Chandigarh, the 7th June, 2004 Subject : Prevention of misuse of Government Funds. Sir,

I am directed to invite your attention towards the Finance Department letter No. 2/1/93-WM, dated 23rd August, 1993 on the subject noted above and to say that provision under Rule 10.7(b) of PFR provides as under :-

―The authority which sanctions a loan may in so far as the law allows enforce a penal rate of compound interest upon all over due installments of interest or principal and interest. If a penal rate is enforced it should not be less than 8% per annum.‖

3. Finance Department has observed that the tendency of making irregular repayment of Principal amount as well as interest there upon is increasing day by day. To curb this tendency, it has been decided that action U/R 10.7 (b) of PFR may be taken against those defaulting employees who do not make regular repayment of principal of loan amount and interest thereon and in future, specific mention of this rule may be made in sanctions of various loans issued by the competent authority.

4. These instruction may also be brought to the notice of all the officers, DDOs and officials working in your department for strict compliance. Yours faithfully, Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 36/1/2004-WM(4) Dated, Chandigarh, the 7th June, 2004 A copy is forwarded to Accountant General (A&E) Haryana with reference to his D.O. letter No. TM(T) opinion case/2003-04/CTA/2065-66 dated 31.3.04/1.4.2004 for information. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 4/12/02-5PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Heads of Govt. Departments in Haryana, All the Commissioners of Divisions in Haryana, All the Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 14th June, 2004

Subject : Change of option on re-fixation of pay - clarification regarding.

Sir,

I am directed to invite your attention to the proviso provided below explanation to note 4 provided under rule 4.4 of Punjab C.S.R. Volume I, Part I and to the specific provision regarding exercising of option for fixation of pay in rule 6 of Haryana Civil Services (Revised Pay) Rules, 1987 and Haryana Civil Services (Revised Pay) Rules, 1998 and also rule 14 of Haryana Civil Services (ACP) Rules, 1998 and to say that it has been experienced in Finance Department, that employees in various Government departments are applying for change in date of option in such cases where they have been granted higher pay scale/selection grade/promotion with retrospective date. In many instances, such requests are made after the expiry of the prescribed period for exercising option and yet the Administrative Departments recommended such cases to Finance Department for consideration and concurrence.

2. The Finance Department, after considering the matter has now decided that the Government departments must ensure that at the time of issuing an order giving higher pay scale, promotion etc. from a retrospective date it is clearly mentioned in the order that if the employee wants to re-exercise his option he can do so within a period of three months from the date of issue of such orders. Any delay in exercising revised option would not be condoned and no relaxation will be allowed by Finance Department.

3. These instructions may please be brought to the notice of all concerned for strict compliance. Yours faithfully, Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 4/12/02-5PR(FD) Dated, Chandigarh, the 14.06.2004 A copy for information is forwarded to the following :- The Accountant General, Haryana (i) A&E (ii) (Audit), Chandigarh.

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The Home Secretary, Chandigarh Administration, Chandigarh. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

All the Financial Commissioner & Principal Secretary to Govt., Haryana. All the Commissioners & Administrative Secretaries to Govt., Haryana. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretary to Govt., Haryana. All the Commissioners & Administrative Secretaries to Govt., Haryana. U.O. No. 4/12/02-5PR(FD) Dated, Chandigarh, the 14.06.2004 A copy is forwarded to the PSCM/DPSCM-I&II/OSD/Sr. Secretaries/Secretaries/ Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for information of Chief Minister/Ministers/Ministers of State and Chief Parliamentary Secretary. Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The PSCM/DPSCM-I&II/OSD/Sr. Secretaries/Secretaries/ Private Secretaries to the Chief Minister/Ministers/ Ministers of State and Chief Parliamentary Secretary. U.O. No. 4/12/02-5PR(FD) Dated, Chandigarh, the 14.06.2004.

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These instructions have been revised vide No. 2/2/2004-WM(3),Dated 07/01/2003

No. 2/2/04-WM(3)

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 25th June, 2004 Subject : Grant of Loans and Advances to Government employees - Revision

of eligibility limit of House Building Advance on the basis of merger of 50% Dearness Allowance as Dearness Pay with Basic Pay.

Sir, I am directed to refer to Finance Department's circular letter No. 2/1/98-WM(4) dated the 5th August, 1998 on the above subject and to say that consequent upon the merger of 50% Dearness Allowance as Dearness Pay with Basic Pay of the Haryana Government employees w.e.f. 1-4-2004, it has been decided to revise the present eligibility limit for the purpose of construction of house/purchase of built up house allotted by the Government agencies or any other registered societies or through private source, repair of house, extension of house and for the purchase of plot as under :- (i) For Construction of a House

34 months basic pay plus Dearness Pay plus special pay subject to a maximum of Rs.7.50 lakhs or cost of the built up house allotted by the Government agencies/private source or any other registered societies, whichever is less, recoverable in 150 monthly instalments.

(ii) Repair of House

7 months basic pay plus Dearness Pay plus special pay subject to a maximum of 1.00 lakh recoverable in 96 monthly instalments.

(iii) For Extension of a House

8 months basic pay plus Dearness Pay plus special pay subject to a maximum of Rs. 1.80 lakhs recoverable in 96 monthly instalments.

The maximum of House Building Advance including repair of house and extension of house will be limited to Rs. 10.00 lakhs.

586

(iv) For the purchase of Plot 60% of the total admissibility of House Building Advance. 3. The revised eligibility limit as indicated above will be given effect to and from the date of issue of this letter. All other conditions governing the grant of these advances will remain the same as laid down in the rules/instructions issued by the Finance Department from time to time. 4. No benefit will be given to those who have been already earmarked/drawn even the first instalment/part payment of House Building Advance. 5. The House Building Advance Rules for All India Services will be applicable to the members of All India Services. 6. The above instructions may please be brought to the notice of all officers/officials working under your control. Kindly acknowledge receipt. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners & Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004 No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004

587

A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Hon'ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana Vice Chancellors of Universities and Directors to Medical Colleges in Haryana State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary l-Il/ Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I &II/

Officers on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004

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588

These instructions have been partly revised vide No. 2/2/05-WM(6), Dated 06.05.2005 , Dated 03.08.2005 &

No. 2/2/2007-WM(6), Dated 12.02.2008.

No. 2/2/04-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 25th June, 2004 Subject : Grant of Conveyance/Computer Advance to Haryana Government

employees. Sir, I am directed to refer to Finance Department's circular letter No. 16/1/98-WM(4) dated the 5th August, 1998 on the above subject and to say that consequent upon the merger of 50% Dearness Allowance as Dearness Pay with Basic Pay of the Haryana Government employees, the Government has decided to revise the admissibility limit of loans and advances for the purchase of Computer/Motor Car/Motor Cycle/Scooter/Moped/By-cycle to its employees as under :-

Sr. No

Category Admissibility Conditions Limit of Advance and Instalments of Recovery.

1. Personal Computer Loan

Government employees drawing Basic Pay of Rs. 9,000/- including D.P./NPA/Spl. Pay

Rs. 40,000/- or actual price of Computer whichever is less, recoverable in not more than 100 monthly instalments

2. Purchase of Motor Car

Government employees drawing Basic Pay of Rs. 15,000/-including DP/ NPA/Spl. Pay. & above

Rs. 1.80 lakh or the actual price of vehicle whichever is less, recoverable in 100 monthly instalments

3. Purchase of Scooter/Motor Cycle

Government employees drawing Basic Pay of Rs. 6000/- including D.P./Spl. Pay

Rs. 30,000/- for Motor Cycle and Rs. 20,000/- for scooter or actual price of the vehicle whichever is less, recoverable in not more that 100 monthly instalments.

589

4. Purchase of Moped

Government employees drawing Basic Pay of Rs. 4500/- including D.P./Spl. Pay

Rs. 10,000/- for Moped Advance or actual price of the vehicle whichever is less, recoverable in not more than 100 monthly instalments.

5. Purchase of Bi-cycle

No pay limit Rs. 1,500/- or actual Price whichever is less, recoverable in 20 monthly instalments.

2. The cases in which the amount of advance have already been earmarked/drawn shall not be reopened for earmarking of funds as a result of these revised eligibility limits. 3. It has been observed that the loan cases are not being examined properly by Administrative Departments in accordance with the instructions issued by the Finance Department from time to time. You are, therefore, requested to direct the concerned officers/officials working under your control to scrutinize the applications in accordance with the instructions and ensure that the applications are complete in all respects, before sending to the Finance Department with specific recommendations. Incomplete cases received in Finance Department will not be entertained at all. In case of misutilisation of funds by the applicant, the responsibility would rest with DDO. As such they may be directed to examine the cases properly and satisfy themselves about the genuineness of the applicants for the grant of the loans and advances. 4. All other terms and conditions for the computer/conveyance advances, as laid down by the Finance Department from time to time, shall remain unchanged. 5. The above instructions may please be brought to the notice of all officers/officials working your control. Kindly acknowledge receipt. Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004 A Copy is forwarded to all Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A Copy is forwarded to all Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action.

Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

590

To All Financial Commissioners & Principal Secretaries/

Administrative Secretaries to Government of Haryana. U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004 No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004 A copy each is forwarded to the following for information and necessary action :-

Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New

Delhi. Hon'ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary I & II/ Officers on Special Duty /Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister /Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information to Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I & II/

Officers on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 25th June, 2004

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These instructions have been modified partly vide No. 2/1(1)89-4FR, Dated 21.09.2004 & 10.12.2010.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT No. 2/1(1)89-4FR To All the Heads of Departments, Commissioners of Divisions, All Deputy Commissioners Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 25th June, 2004 Subject : Disbursement of salaries to the employees - Switching over from cash

disbursal to the bank account system. Sir/Madam, I am directed to refer to the Finance Department's instructions issued vide letter of Even No. dated the 17th April, 2003 on the subject noted above. Some departments have sought clarifications about the grant of permission to open salary accounts of their employees in a private bank i.e. ICICI bank. Clarifications too have been sought as to in which particular bank salary accounts be opened. The matter has been considered and decided as under :- (i) The salary account of all Haryana Government employees from Group ‗A' to

Group 'D' in all the districts of Haryana including in Haryana Government offices located in Chandigarh/Delhi be opened/continued only in the treasury bank/treasury bank branch of the area concerned. This should be implemented as early as possible but the salary for the month of November, 2004 be disbursed through treasury bank/treasury bank branch of the area concerned. No salary account be opened/continued in any of the private banks such as ICICI/HDFC bank etc. Similarly no salary account be opened/ continued even in nationalized bank other than the treasury bank/treasury bank branch of the area concerned. However, if any department/D.D.O. is already having salary account either in any private bank, or in any nationalized bank but not in a treasury bank/treasury bank branch of the area concerned then the same may be closed. A salary account can be opened continued in treasury bank/any other branch of the treasury bank of the area concerned.

(ii) At present the Haryana Government treasury business is being conducted in

9 nationalized banks. These 9 nationalized banks are most leading banks having numerous bank branches in Haryana and Chandigarh. The departments/D.D.Os can open the salary accounts of their employees in any one of treasury bank/treasury bank branch of the area concerned which is Convenient to them. However, in exceptional case if any department/D.D.O. feel the necessity of opening another account (second account only) in any other treasury bank/treasury bank branch of the area concerned, they can do so. The opening of third/fourth salary accounts is not permitted. However, in rare cases, giving the full justification in writing even the third/fourth salary

592

account can be opened by one D.D.O. with the prior approval of the Director, Institutional Finance and Credit Control Department at his sole discretion in respect of Haryana Government offices located in Chandigarh/Delhi. Similar permission, in rare case, can be granted by the ADC-cum-Joint Director, Institutional Finance and Credit Control Department concerned of the district within the district at his sole discretion in respect of Haryana Government offices located in Haryana.

(iii) A treasury bank is the particular bank branch of the one of the

9 Nationalized Banks/Reserve Bank of India (for Delhi) which has been authorized to do Haryana Government treasury business in that particular area. A treasury bank branch is any other branch of the same treasury bank of the Area concerned in that particular area. For example the State Bank of India, Sector 17 branch, Chandigarh is an authorized treasury bank branch to do the Haryana Government treasury business in Chandigarh but salary account can also be opened in any other branch of the State bank of India in Chandigarh only which may be convenient to the department/D.D.O. concerned.

2. A list of treasury banks of the area concerned is enclosed. 3. All other conditions mentioned in Finance Department‘s letter referred to above will be applicable. 4. Please acknowledge the receipt of this letter. Yours faithfully, Sd/- Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 2/1 (1)89-4FR Dated, Chandigarh, the 25th June, 2004 A copy is forwarded for information and necessary action to the :-

The Accountant General (A&E and Audit), Haryana, Chandigarh. The Director, Institutional Finance & Credit Control Department, Haryana,

Chandigarh. The Member Secretary, Haryana Bureau of Public Enterprises, Chandigarh. The Director, Treasuries & Accounts, Haryana with 200 spare copies with the

request to send a copy each to all the Regional/Zonal Officers of the Haryana Government Treasury Banks in Haryana/Chandigarh and Delhi and also to all the Treasury Officers/Assistant Treasury Officers.

All the Treasury Officers/Assistant Treasury Officers of Haryana in Haryana/ Chandigarh/Delhi.

Sd/- Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to :-

All the Financial Commissioner & Principal Secretaries to Govt., Haryana, All the Administrative Secretaries to Government, Haryana; for information and necessary action. Sd/- Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries to

Government, Haryana. All the Administrative Secretaries to Government, Haryana. U.O. No. 2/1 (1)89-4FR Dated, Chandigarh, the 25th June, 2004 A copy is forwarded to the Principal Secretary/Deputy Principal Secretary I & III/ OSD/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of the Chief Minister/State Ministers/ Chief Parliamentary Secretary, Haryana. Sd/- Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Principal Secretary/Deputy Principal Secretary I & III OSD/ Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Ministers/Chief Parliamentary Secretary, Haryana.

U.O. No. 2/1 (1)89-4FR Dated, Chandigarh, the 25th June, 2004 Contd… Encl.

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List of Treasury Banks State Bank of India

S. No. Treasury Sub-Treasury Bank ISDN Facility

Dial-up Facility

1. Ambala SBI Ambala City ISDN --

2. Ambala Cantt. SBI Ambala Cantt. ISDN --

3. Naraingarh SBI Naraingarh -- Dial-up

4. Bhiwani SBI Bhiwani -- Dial-Up

5. Siwani SBI Siwani -- Dial-Up

6. Chandigarh SBI Chandigarh -- Dial-Up

7. Faridabad SBI Faridabad ISDN --

8. Ballabhgarh SBI Ballabhgarh -- Dial-Up

9. Palwal SBI Palwal -- Dial-Up

10. Fatehabad SBI Fatehabad -- Dial-Up

11. Tohana SBI Tohana -- Dial-Up

12. Jakhal SBI Jakhal -- Dial-Up

13. Bhattu Kalan SBI Bhattu Kalan -- Dial-Up

14. Gurgaon SBI Gurgaon ISDN --

15. Nuh SBI Nuh -- Dial-Up

16. Ferojpur Jhirka SBI Ferojpur Jhirka -- Dial-Up

17. Bahadurgarh SBI Bahadurgarh -- Dial-Up

18. Matanhail SBI Matanhail -- Dial-Up

19. Kurukshetra SBI Kurukshetra ISDN --

20. Shahbad SBI Shahbad -- Dial-Up

21. Ladwa SBI Ladwa -- Dial-Up

22. Karnal SBI KarnaI ISDN --

23. Neelokheri SBI Neelokheri -- DiaI-Up

24. Indri SBI Indri -- Dial-Up

25. Taraori SBI Taraori -- Dial-Up

26. Kaithal SBI Kaithal ISDN --

27. Pundri SBI Pundri -- Dial-Up

28. Panipat SBI Panipat ISDN --

29. Bapoli SBI Bapoli Dial-Up

30. Hisar SBI Hisar ISDN --

31. Hansi SBI Hansi -- Dial-Up

32. Uklana SBI Uklana -- Dial-Up

33. Jagadhari SBI Jagadhari ISDN --

34. Rewari SBI Rewari ISDN --

35. Bawal SBI Bawal -- Dial-Up

36. Rohtak SBI Rohtak ISDN --

37. Sirsa SBI Sirsa -- Dial-Up

38. Rania SBI Rania -- Dial-Up

39. Dabawali SBI Dabawali -- Dial-Up

40. Ellanabad SBI Ellanabad -- Dial-Up

41. Kallanwali SBI Kallanwali -- Dial-Up

42. Sonepat SBI Sonepat -- Dial-Up

43. Kharkhoda SBI Kharkhoda -- Dial-Up

595

State Bank of Patiala

S. No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Barara SBOP Barara -- Dial-Up

2. Ch. Dadri SBOP Ch. Dadri -- Dial-Up

3. Narnaul SBOP Narnaul ISDN --

4. Mahindergarh SBOP Mahindergarh -- Dial-Up

5. Panchkula SBOP Panchkula -- Dial-Up

6. Kalka SBOP Kalka -- Dial-Up

7. Raipur Rani SBOP Raipur Rani -- Dial-Up

8. Samalakha SBOP Samalakha -- Dial-Up

9. Hodal SBOP Hodal -- Dial-Up

10. Hathin SBOP Hathin -- Dial-Up

11. Gurgaon SBOP Gurgaon ISDN --

12. Jhajjar SBOP Jhajjar -- Dial-Up

13. Beri SBOP Beri -- Dial-Up

14. Jind SBOP Jind ISDN --

15. Narwana SBOP Narwana -- Dial-Up

16. Saffidon SBOP Saffidon -- Dial-Up

17. Julana SBOP Julana -- Dial-Up

18. Pehowa SBOP Pehowa -- Dial-Up

19. Gharaunda SBOP Gharaunda -- Dial-Up

20. Guhla SBOP Guhla -- Dial-Up

21. Kalayat SBOP Kalayat -- Dial-Up

22. Dhand SBOP Dhand -- Dial-Up

23. Adampur SBOP Adampur -- Dial-Up

24. Narnaund SBOP Narnaund -- Dial-Up

25. Yamunanagar SBOP Yamunanagar -- Dial-Up

26. Chachrauli SBOP Chachrauli -- Dial-Up

27. Meham SBOP Meham -- Dial-Up

28. Sampla SBOP Sampla -- Dial-Up

29. Gohana SBOP Gohana -- Dial-Up

Punjab National Bank

S. No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Loharu PNB Loharu -- Dail-Up

2. Bhadra PNB Bhadra -- Dail-Up

3. Ateli PNB Ateli -- Dail-Up

4. Nangal Chaudhary PNB Nangal Chaudhary -- Dail-Up

5. Morni PNB Morni -- Dail-Up

6. Ratia PNB Ratia -- Dail-Up

7. Bhuna PNB Bhuna -- Dail-Up

8. Uchana PNB Uchana -- Dail-Up

9. Ismailabad PNB Ismailabad -- Dail-Up

10. Siwan PNB Siwan -- Dail-Up

11. Barwala (HSR) PNB Barwala (HSR) -- Dail-Up

596

S. No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

12. Bilaspur PNB Bilaspur -- Dail-Up

13. Ganaur PNB Ganaur -- Dail-Up

Central Bank of India

S. No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Barwala CBI Barwala -- Dail-Up

2. Matlauda CBI Matlauda -- Dail-Up

3. Pilu-Khera CBI Pilu-Khera -- Dail-Up

4. Assandh CBI Assandh -- Dail-Up

5. Kosli CBI Kosli -- Dail-Up

Syndicate Bank of India

S. No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Sohna Syndicate Bank of India Sohna

-- Dail-Up

2. Punhana Syndicate Bank of India Punhana

-- Dail-Up

3. Tauru Syndicate Bank of India Tauru

-- Dail-Up

4. Farukh Nagar Syndicate Bank of India Farukh Nagar

-- Dail-Up

5. Radaur Syndicate Bank of Radaur

-- Dail-Up

6. Pataudi Syndicate Bank of India Pataudi

-- Dail-Up

Oriental Bank of Commerce

S.No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Israna OBC Israna -- Dail-Up

2. Nissing OBC Nissing -- Dail-Up

Reserve Bank of India

S.No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Delhi RBI Delhi ISDN --

Allahabad Bank

S.No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Sadhaura Allahabad Bank Sadhaura -- Dail-Up

Uco Bank

S.No. Treasury Sub-Treasury Bank ISDN facility

Dial-Up facility

1. Kalanaur UCO Bank Kalanaur -- Dail-Up

***************

597

No. 2/28/02-2Pension From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments, All Commissioners of Divisions, All Deputy Commissioners All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 9th July, 2004 Subject : Commutation of pension - clarification regarding. Sir, I am directed to invite your attention to Para (2) of Finance Department circular No. 1/2(11)-84-2FR-II dated 4th Jan., 1985 wherein it was laid down that employees who want to have the benefit of commutation of pension without medical examination must exercise their option within six months of their retirement. The matter has been re-examined keeping in view the statutory provision under rule 11.19(1) of CSR Volume II which provides for submission of application before the expiry of one year from the date of retirement and also the difficulty being experienced by the retirees due to inadequate time limit for submission of application for commutation of pension without medical examination. It has accordingly been decided to withdraw Para (2) of instruction dated 4.1.1985 and henceforth the statutory provision of rule 11.19(1) of CSR Vol. II for making application within one year of the date of retirement will be applicable for commutation of pension without medical examination.

Yours faithfully,

Sd/-

Accounts Officer (Pension) for Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department. No. 2/28/02-2Pension Dated, Chandigarh, the 9th July, 2004 A copy is forwarded to the Accountant General, Haryana (i) (Accounts & Entitlement) (ii) (Audit) for information and necessary action.

Sd/- Accounts Officer (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/28/02-2Pension Dated, Chandigarh, the 9th July, 2004

598

A copy is forwarded to the Treasury Officer/Assistant Treasury Officers in Haryana State for information & necessary action.

Sd/- Accounts Officer (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to :-

All the Financial Commissioners in Haryana and All Administrative Secretaries to Government Haryana for information and

necessary action.

Sd/- Accounts Officer (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All the Financial Commissioners in Haryana. All Administrative Secretaries to Government, Haryana. U.O. No. 2/28/02-2Pension Dated, Chandigarh, the 9th July, 2004

***************

599

No. 45/101/2004-WM(6)

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, The Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 12th July, 2004 Subject : Grant of Loans for various purposes (House building/Conveyance/Computer/

Marriages of children/Sister) by Haryana Government to its employees. Sir, Reference the subject noted above. 2. The Finance Department has been observing that while sanctioning the Loans for various purposes (House building/Conveyance/Computer/Marriages of children/Sister) to Haryana Government employees the sanctioning authority do not follow the rules/instructions contained in the earmarking letters issued by Finance Department properly. Departments use printed and cyclostyled Proforma for sanctioning various loans and as such it is not clearly mentioned that for what purpose the loan is being granted. For example while sanctioning the loan for Motor Cycle it is not clearly reflected in the sanction rather it depicts that loan is being sanctioned for Motor Cycle/Scooter/Moped/Computer. Similarly it is not clarified in the marriage advance sanctions that the marriage advance is being sanctioned for the marriage of employees Son or Daughter or Sister. 3. It is also observed that the Head of Accounts are not reflected in the sanctions in accordance with the Head of Accounts mentioned in the Finance Department's earmarking letters. 4. All these wrong entries create problems for Accountant General Haryana and Finance Department as to where withdrawal of various loans are to be accounted for. In the circumstance given above it is reiterated that Administrative Departments and Head of the Departments while issuing sanctions for the drawl of various loans to its employees, one and only one purpose of the loan should be clearly mentioned in the sanction letter and the same Head of Expenditure should be mentioned in it, which is written by the Finance Department in earmarking loan letter. It is requested that contents of these instructions may kindly be strictly adhered to by all concerned. Yours faithfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

600

No. 45/101/2004/WM(6) Dated, Chandigarh, the 12th July, 2004 A copy is forwarded to the Accountant General (A&E) and Audit, Haryana, Chandigarh for information and necessary action.

Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Copies are forwarded to :-

The Financial Commissioner & Principal Secretary to Govt., Haryana, Revenue Department.

All the Financial Commissioner & Principal Secretaries/Administration Secretaries to Govt., Haryana for information and necessary action.

Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Financial Commissioner Principal Secretaries to

Govt. Haryana, Revenue Department. All the Financial Commissioner & Principal Secretaries/

Administration Secretaries to Govt. Haryana. U.O. No. 45/101/2004/WM(6) Dated, Chandigarh, the 12th July, 2004 No. 45/101/2004/WM(6) Dated, Chandigarh, the 12th July, 2004 A copy is forwarded to the Director Treasuries and Accounts, Haryana, Chandigarh with the request that All Treasuries/Assistant Treasuries officers be directed to check the sanctions of loans issued by various departments before passing the relevant bill whether purpose of loan is clearly mentioned and Head of expenditure is in accordance with the earmarking letter or Budget, otherwise no incomplete bill be passed by them. Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 45/101/2004/WM(6) Dated, Chandigarh, the 12th July, 2004 A copy is forwarded to all Treasury Officers/Assistant Treasury Officers, in Haryana for information and necessary action. Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

***************

601

These instructions have obsolete.

No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 15th July, 2004 Subject : Disbursement of Pay and Allowances/Pension for the month of July, 2004.

Sir, I am directed to say that in view of the Gazetted holidays falling on the 31st July, 2004 and 1st August, 2004, on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the July, 2004 for all Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of July, 2004 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 30th July, 2004.

Yours faithfully, Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 15th July, 2004. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

602

No. 2/1/2/90-4FR Dated, Chandigarh, the 15th July, 2004. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 15th July, 2004. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary/Deputy Principal Secretary/O.S.D./Senior Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary/

Deputy Principal Secretary/O.S.D./Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secy., Haryana.

U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 15th July, 2004.

***************

603

These instructions have been Revised vide No. 9/1/2004-3Pension, Dated 27.4.2005.

GOVERNMENT HARYANA FINANCE DEPARTMENT

Office Memorandum

No. 9/1/2004/Pension-III Dated, Chandigarh, the 27th July, 2004 Subject : Revision of ceiling of Pension/Family Pension w.e.f. 1.4.2004. Sir, I am directed to invite your attention on the subject noted above and to say that by following the pattern of Central Government, the State of Haryana has already decided to merge the Dearness Relief equal to 50% in the basic Pension/Family Pension of the pensioners w.e.f. 1.4.2004 and necessary notification in this regard has already been issued vide FD‘S letter No. 1/16/2004-3PR(FD), dated 17.5.2004. The Central Government has revised the minimum ceiling of pension/family pension from Rs. 1275/- to Rs. 1913/-. After considering the matter, the Government of Haryana has also decided that minimum ceiling of Rs. 1275/- for Pension/Family Pension for Haryana Government pensioners will be Rs. 1913/- w.e.f. 1.4.2004. Accordingly Para 7 and Para 9 of FD‘s Notification No. 1/2(8)98-2FR-II (Part-II), dated 9.3.98 may be treated to have been modified, as under :- Para-7

Existing Provisions (up to 31.3.2004) Modified Provisions w.e.f. 1.4.2004

Pension shall continue to be calculated as per existing provisions with a maximum ceiling at 50% of average emoluments and shall be subject to a minimum of Rs. 1275/- and maximum upto 50% of the highest pay in the Government (The highest pay in Government is Rs. 24,500/- since 1.1.1996).

Since 50% Dearness Allowance converted into Dearness Pay is counted for retirement benefits, pension shall be calculated as per existing provision with a maximum ceiling at 50% of average emoluments of Pay plus Dearness pay and shall be subject to a minimum of Rs. 1913/- and maximum up to 50% of the highest pay plus Dearness Pay in the Government.

Para-9

Family pension shall be calculated at a uniform rate of 30% of basic pay in all cases instead of slab system and shall be subject to a minimum of Rs. 1275/- per month and a maximum of 30% of the highest pay in the Government (The highest pay in the Government is Rs. 24,500/- since 1.1.1996).

Since 50% of Dearness Allowance converted into Dearness Pay is counted for retirement benefits, family pension shall be calculated at a uniform rate of 30% of basic pay plus Dearness pay in all cases and shall be subject to a minimum of Rs. 1913/- per month and a maximum of 30% of the highest pay plus Dearness Pay in the Government.

2. The expenditure involved will be debitable to the Major Head, ―2071- Pension and other Retirement Benefits."

604

3. Copy of this order is also available on the website which can be down loaded from the site, www.haryana.nic.in. Yours faithfully, Sd/- Under Secretary Finance (pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. All the Heads of Departments, All Divisional Commissioners, All Deputy Commissioners and S.D.Os (Civil) in Haryana. The Registrar Punjab & Haryana High Court, Chandigarh. No. 9/1/2004/Pension-III, Dated, Chandigarh, the 27th July, 2004 A copy is forwarded for information and necessary action to the :-

1. Accountant General (A&E), Haryana, Chandigarh (with 1000 spare copies).

2. All Accountant Generals in India (with 10 spare copies) with reference to Comptroller & Auditor General of India's letter No. 21-TA 11/1984/ No. 320-TA/11-3-83, dated nil.

3. Chief Accountant, Reserve Bank of India, Central Office, Department of Government and Bank Accounts, Post Box No. 8143, Mumbai-400051 (with 10 spare copies).

4. General Manager(Operations), Post Box No. 398, 11 Parliament Street, State Bank of India, New Delhi (with 10 spare copies).

5. General Manager (Operations) Sector 17 B, Post Box No. 139, State Bank of India, Chandigarh -160017 (with 10 spare copies).

6. Chief Manager (Dev. P& S.B) State Bank of Patiala, Head Office, Patiala (with 10 spare copies).

7. Chief Manager (OPR) Central Bank of India, Zonal office, SCO 58-59, Bank Square, Sector 17 B, Chandigarh-160017 (with 10 spare copies).

8. The Commissioner & Secretary to Government, Punjab, Department of Finance (Finance Regulations), Chandigarh.

9. The Commissioner & Secretary to Government, Himachal Pradesh Department of Finance, Shimla.

10. The Finance Secretary, Chandigarh Administration, Chandigarh

11. Member Secretary, Haryana Bureau of Public Enterprises, Chandigarh.

12. Principal, Accounts Training Institute, Haryana, Panchkula,

13. All Treasury Officers/Assistant Treasury Officers in Haryana.

14. The Treasury Officer, Tees Hazari Court, Haryana, Delhi.

15. The Treasury Officer, Haryana, Chandigarh.

Sd/- Under Secretary Finance (pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

605

A copy is forwarded to :- All Financial Commissioner & Principal Secretaries to Government, Haryana. All Administrative Secretaries to Government, Haryana; for information. Sd/- Under Secretary Finance (pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioner & Principal Secretaries to

Government, Haryana. All Administrative Secretaries to Government, Haryana. U.O. 9/1/2004/Pension-IlI, Dated, Chandigarh, 27th. July, 2004 A copy is forwarded to the Principal Secretary/Deputy Principal Secretary I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers and Chief Parliamentary Secretary, Haryana. Sd/- Under Secretary Finance (pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I & II/OSD/

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/Ministers of State and Chief Parliamentary Secretary,

U.O. 9/1/2004/Pension-IlI, Dated, Chandigarh, 27th July, 2004

***************

606

These instructions have become obsolete.

No. 3/16/04-2Pension From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Divisional Commissioners in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh, All District & Session Judges in Haryana, All Deputy Commissioners in Haryana. Dated, Chandigarh, the 6th August, 2004 Subject : CWP No. 10400 of 2004 A.K. Sachdeva Vs. State of Haryana. Sir, I am directed to invite reference on the subject cited above and to say that the Advocate General, Haryana has informed that the above cited case was listed for hearing before Hon'ble High Court on 16.7.2004 in which the Hon'ble High Court has desired to supply following information by way of filing a comprehensive statement :- (i) The total number of cases pending in all the departments of the Govt. of Haryana

involving claims of the retired employees for payment of pension, PF, gratuity, insurance, commutation of pension, leave encashment etc. with full particulars of each case and the reasons for delay in finalization of the case.

(ii) What steps the Government proposes to take for rigorous compliance of the existing rules which require that paper work for finalization of pension case should commence atleast six months before the retirement of an employee.

You are, therefore, requested to supply the information with regard to para (i) in the enclosed performa so as to reach the Pension Branch in Finance Department within 15 days, positively. This may please be treated as most important/date bound. Yours faithfully, Sd/- Under Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

607

PERFORMA Statement showing the number of pending pension cases for the employees who have already retired as on 30.6.2004.

Sr. No.

Name and Designation

Date of retirement/ date

of death

Letter No. and date vide which

case sent to A.G. Haryana

Whether pension payment order

issued

Whether GPO issued

1 2 3 4 5 6

Whether Commutation payment order issued

Whether GPF payment has been made

Whether GIS payment has been made

Whether leave encashment payment has been made

Brief reasons for pendency in each

case and the authority with whom

pending

7 8 9 10 11

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608

Haryana Govt. Gaz., Sept. 14, 2004 (BHDR. 23 1926 SAKA)

HARYANA GOVERNMENT FINANCE DEPARTMENT

Notification

The 26th August, 2004

No. 1/4(4)-97/SO-I/Pension.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume II, as application to the State of Haryana namely :-

1. (1) These rules may be called Punjab Civil Services, Volume-II (Haryana Third Amendment) Rules, 2004.

(2) They shall come into force with immediate effect.

2. In the Punjab Civil Service Rules, Volume-II, in Appendix-I, in Family Pension Scheme, 1964, after para 4-A, the following para shall be interested, namely :-

―4-B If the son or daughter of a Government employee is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of twenty five years the family pension shall be payable to such son or daughter for life subject to the following conditions, namely :-

(i)(a) Persons with impairment in functions of the body should be examined by the Board under the Chairmanship of the Civil Surgeon of the District on every Wednesday. Board should include the specialist according to the requirement. Appellant Medical Board is at Post Graduate Institute of Medical Science, Rohtak, Haryana Government employees working in Chandigarh/Panchkula and resident of Chandigarh/Panchkula can also be examined by the Disability Medical Boards of General Hospital, Sector-16, Chandigarh and Medical College and General Hospital, Sector-32, with the appellant Medical Board at Post Graduate Institute of Medical Education and Research, Chandigarh.

(b) Medical certificates in which percentage of disability is given issued by the Board after examination of the candidates will be valid for three years.

(c) Impairment of above forty percent of any kind will be entitled for benefits. Disability broadly are of four types :-

1. Visual,

2. Locomotor,

3. Speech and hearing,

4. Mental disorders;

(ii) If such son or daughter is among two or more children of the Government employee, the family pension shall be initially payable to the one elder/eldest among physically fit children until he/she attains the age of twenty five years or he/she becomes ineligible for family pension whichever is earlier. Therefore, family pension will be paid to the next physically fit children up to the above-mentioned period. When all physically fit children become ineligible for family pension the same shall be resumed in favour of the son or daughter suffering

609

from disorder or disability of mind or who is physically crippled or disabled and shall be payable to him/her for life;

(iii) If there are more than one such children suffering from disorder or disability of mind or who are physically crippled or disabled, the family pension shall be paid in the order of their birth and the younger of them will get the family pension only after the elder next above him/her ceases to be eligible :

Provided that where the family pension is payable to such twin children it shall be paid in equal shares; provided that when one such child ceases to be eligible his/her share shall revert to the other child and when both of them cease to be eligible the family pension shall be payable to the next eligible single child/twin children.

(iv) The family pension shall be paid to such son or daughter through the guardian as if he or she were a minor except in the case of the physically crippled son/daughter who has attained the age of majority;

(v) Before allowing the family pension for life to any such son or daughter, the appointing authority shall satisfy that the handicap is of such a nature so as to prevent him or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical Board as mentioned in (i) (a) above setting out, as far as possible, the exact mental or physical condition of the child;

(vi) The person receiving the family pension as guardian of such son/ daughter or such son/daughter not receiving the family pension through a guardian shall produce every three years a certificate from medical Board that he or she continues to suffer from disorder or disability of mind or continue to be physically crippled or disabled.

(vii) In the case of mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Government employee or the pensioner, as the case may be, and in case no such nomination has been furnished to the Head of Office by such Government employee or pensioner during his lifetime, to the person nominated by the spouse of such Government employee or family pensioner, as the case may be, later on;

(viii) A daughter shall become ineligible for family pension under this sub-rule from the date she gets married;

(ix) The family pension payable to such a son or daughter shall be stopped if he or she starts earning his/her livelihood;

(x) In such cases it shall be the duty of the guardian or son or daughter by whom pension is being received to furnish a certificate to the Treasury Officer or bank, as the case may be, every month that—

(a) he or she has not started earning his/her livelihood or is not in receipt of any other pension under any other rules of this State/ any other State/Central Government of State/autonomous bodies/undertakings;

(b) in case of daughter, that she has not yet married;

(xi) This benefit will be admissible only to the eligible disabled children whether born before or after retirement provided such son or daughter

610

should be from a marriage, which took place before retirement of the Government employee.‖

BHASKAR CHATTERJEE Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

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611

HARYANA GOVERNMENT

FINANCE DEPARTMENT

Notification

The 26th August, 2004

No. 1/3/17/02/SO-I/Pension.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume II, in its application to the State of Haryana, namely.

1. These rules may be called the Punjab Civil Services, Volume-II (Haryana Second Amendment) Rules, 2004.

1-A. They shall come into force with immediate effect.

2. In the Punjab Civil Services Rules, Volume-II, in Appendix I, in Family Pension Scheme, 1964, in para 4, for sub-paras (ii) and (iii) the following sub-paras shall be substituted, namely :-

(ii) ―Family‖ for the purposes of this scheme includes the following relatives of the officer :-

(a) wife, in the case of a male officer;

(b) husband, in the case of a female officer;

(c) minor sons;

(d) unmarried minor daughters;

(e) widowed/legally divorced daughters; and

(f) the parents of an unmarried officer.

Note 1.— Clauses (c) and (d) include children adopted legally before retirement.

Note 2.— A judicially separated wife/husband does not loose her/his legal status of wife/husband of the Government employee and is thus eligible for the benefit of the Family Pension Scheme, 1964.

(iii) The pension is admissible :-

(a) in the case of widow/widower up to the date of death or remarriage, whichever is earlier;

(b) in the case of son/unmarried daughter including widowed/divorced daughter until he/she attains the age of 25 years, and

(c) in the case of parents who were wholly dependent on the Government employee when he/she was alive, up to the date of death provided the deceased employee has left behind neither a widow nor a child.

Provided that an unmarried daughter including widowed/divorced daughter will become ineligible for pension from the date of her marriage/remarriage.

Provided further that the son/unmarried daughter including widowed/ divorced daughter become ineligible for pension if he or she starts earning livelihood.

The income criteria in respect of parents and widowed/divorced daughter will be that their earning is not more than Rs. 2550/- per month. Provided also that parents and widowed/divorced daughter shall produce an annual certificate to the effect that their earning is not more than Rs. 2550/- per month the upper ceiling of family

612

pension will be 30% of basic pay of the deceased employee, subject to a minimum of Rs. 1913/- per month.

Note: (i) Where an officer is survived by more than one widow, the pension will be paid to them in equal shares on the death of widow, her share of the pension will become payable to her eligible minor child. If at the time of her death, a widow leaves no eligible minor child, the payment of her share of the pension will cease.

(ii) Where an officer is survived by a widow but has left behind an eligible minor child from another wife, the eligible minor child will be paid the share of pension which the mother would have received, if she had been alive at the time of the death of the officer.

BHASKAR CHATTERJEE Financial Commissioner & Principal Secy. to Govt.,

Haryana Finance Department.

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613

These instructions have become obsolete.

No. 3/4/03-2PR(FD) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 26th/27th August, 2004 Subject : Request for the grant of Special Pay to the Senior Research Officer/Research

Officers/Assistant Research Officer and Statistical Assistant working in Haryana civil Secretariat.

Sir, I am directed to invite your kind attention towards Finance Department letter No. 3/4/03-2PR(FD) dated 26.07.2004 on the subject cited above Information asked for vide letter under reference is still awaited from most of the departments. You are, therefore, again requested to send the requisite information by 31st August, 2004 so that the matter could be finalized Please treat it most urgent. Sd/- Senior Accounts Officer (PR) for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department

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614

No. 34/2/94-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 3rd September, 2004 Subject : Rate of interest to be charged on House Building/Motor Car/Scooter/Motor

Cycle/Moped/Cycle/Computer and Marriage Advance granted to the Govt. employee for the financial year 2004-2005.

Sir,

I am directed to refer to the subject noted above and to say that the matter regarding charging of interest on various loans and advances given to the Government employees including AIS Officers has been considered and it has been decided to charge interest on various loans and advances granted/sanctioned during the financial year 2004-2005 at the rates given below :-

1 Cycle Advance 7% Per annum

2 Motor Car/Motor Cycle/ Scooter/ Moped Advance

8% Per annum

3 House Building Advance 8% Per annum

4 Marriage Advance 8% Per annum

5 Computer Advance. 8% Per annum

2. Further, it has also been decided that wherever loans have been/are sanctioned/granted for the second time in respect of House Building Advance/Motor Car/Motor Cycle/Scooter/Moped/Marriage and Computer, the rate of interest shall be @9% per annum in all such cases.

3. In case of mis-utilisation of any loan, penal interest @10% per annum will be charged from the applicant over and above normal rate of interest.

4. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Departments.

615

No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Departments. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Departments. To All Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government, Haryana. U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004 No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004

A copy each is forwarded to the following for information and necessary action :-

Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Hon'ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana Vice Chancellors of Universities and Directors to Medical Colleges in Haryana State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Departments. A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary l-Il/Officers on Special Duty /Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Departments.

616

To The Principal Secretary/Deputy Principal Secretary I & II/

Officers on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004

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617

No. 34/2/94-WM (3)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State.

Dated, Chandigarh, the 3rd September, 2004

Subject : Rate of interest on deposits in the General Provident Fund and other similar funds for the financial year 2004-2005.

Sir,

I am directed to refer to subject noted above and to say that it has been decided to fix the rate of interest at 8% (Eight percent) per annum on deposits in the General Provident Fund w.e.f. 1st April, 2004 and also on the accumulation as stood on 31st March, 2004. This rate of interest will remain in force during the financial year 2004-2005.

2. The receipt of this letter may kindly be acknowledged.

Yours faithfully,

Sd/- (S.R. Maurya), Deputy Secretary Finance (B). for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004

A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action.

Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

618

To All Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government, Haryana. U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004 No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Hon'ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana Vice Chancellors of Universities and Directors to Medical Colleges in Haryana State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary l-Il/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information of Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary /Deputy Chairman, Planning Board, Haryana. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I &II/

Officers on Special Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 34/2/94-WM(3) Dated, Chandigarh, the 3rd September, 2004.

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619

No. 1/3/17-02-2Pension

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 7th September, 2004

Subject : Regarding amendment in Family Pension Scheme, 1964.

Sir,

I am directed to invite your attention on the subject cited above and to say that the question regarding amendment in Family Pension Scheme, 1964 particularly in the Appendix I of Punjab CSR Volume II regarding definition of Family so as to make provision for parents of unmarried officers/officials and widowed/legally divorced daughters has been engaging the attention of State Government. Now after due consideration and keeping in view the pattern of Government of India, the Government has decided to carry out necessary amendment vide Notification No. 1/3/17/02/SO-I/Pension, dated the 26th August, 2004, a copy of which is enclosed herewith.

Similarly, in the matter regarding grant of Family Pension to the son or daughter of a Government employee who is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him or her unable to earn a living even after attaining the age of 25 years, State Government has also issued a notification vide No. 1/4(4)97-SO-I/ Pension, dated 26th August, 2004, a copy of which is also enclosed herewith.

It is clarified that the wards/dependents of all employees/retirees who are governed by Family Pension Scheme, 1964 will be eligible for benefit against the aforesaid amendments in the Family Pension Scheme with effect from date of issuance of these notifications.

The contents of above amendments may be brought to the notice of all concerned for necessary compliance.

Yours faithfully,

Sd/- Accounts Officer (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to the following for information and necessary action :-

All the Financial Commissioners & Principal Secretaries to Govt., Haryana. All the Administrative Secretaries to Government, Haryana.

Sd/- Accounts Officer (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

620

To

All the Financial Commissioners & Principal Secretaries to Government, Haryana.

All the Administrative Secretaries to Government, Haryana.

U.O. No. 1/3/17-02-2Pension, Dated, Chandigarh, the 7th September, 2004

No. 1/3/17-02-2Pension, Dated, Chandigarh, the 7th September, 2004

A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information and necessary action.

Sd/- Accounts Officer (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 1/3/17-02-2Pension Dated, Chandigarh, the 7th September, 2004

A copy is forwarded to the Member Secretary, Haryana Bureau of Public Enterprises for information and necessary action.

Sd/- Accounts Officer (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

***************

621

These instructions have become obsolete.

No. 8/16/2002-5PR(FD) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Head of Department in Haryana. Dated, Chandigarh, the 17th September, 2004 Subject : Removal of anomalies in the pay scale of general category of Technical Trade

Employees Sir, I am directed to invite your kind attention on the subject noted above. 2. The case regarding removal of anomalies in the pay scales of Technical Trade Employees is under active consideration of the Government. To sort out the matter it is requested to furnish the information regarding details of employees who are holding the technical posts having minimum prescribed qualification as Matric with I.T.I. carrying the pay scale of Rs. 1200-2040 and yet have been denied this pay scale on account of non-possession of the prescribed qualification in their department. 3. The requisite information must be supplied through departmental representative by 24th Sept. 2004 along with copy of Service Rules. Yours faithfully Sd/- Deputy Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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622

These instructions have been Revised vide No. 5/27/98-1FR, Dated 31.12.2010.

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

No. 5/27/98-1FR To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 17th September, 2004

Subject : Revision of rates of mileage allowance.

Sir, I am directed to invite a reference to the Haryana Government, Finance Department circular No. 5/27/98-1FR-II(Part-I)dated 29-7-98 on the subject noted above and to say that the question of enhancing the rates of mileage allowance has been engaging the attention of Government for sometime past and after careful consideration it has now been decided to make partial modification in Note-4 and Sub para (ii) under para "C" regarding enhancement of mileage Allowance as under :-

Note-4 Rate of road mileage in case of journey performed by own car will be @ Rs. 6/- P.K.M. and in case of journey by scooter/motor cycle it will be @ Rs. 3 /- P.K.M.

(ii) For local journeys performed on tour within the state, employees, as per entitlement given in para-B of circular referred to above, will be paid mileage allowance @ Rs. 6/- P.K.M. for Taxi/Car and Rs. 3/- P.K.M. for other mode of conveyance for journeys between office/residence and bus stand/railway station/ Airport at headquarters and also at the duty station between bus stand/railway station/ Airport and the place of duty/residence.

This decision shall take effect from the date of issue of these instructions

Yours faithfully, Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 5/27/98-1FR Dated, Chandigarh, the 17th September, 2004

A copy along with 50 spare copies are forwarded to the Accountant General (A&E and Audit), Haryana for information and necessary action. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

623

A copy is forwarded to :- All the Financial Commissioner & Principal Secretaries to Govt., Haryana. All Administrative Secretaries to Govt., Haryana; for information. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries to

Govt., Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 5/27/98-1FR Dated, Chandigarh, the 17th September, 2004 A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary-I&II/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ State Ministers/Chief Parliamentary Secretary for the information of Chief Minister/Ministers/ State Ministers/Chief Parliamentary Secretary, Haryana. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary-I&II/OSD/

Senior Secys./Secretaries/Private Secretaries to the Chief Minister/ Ministers/State/Ministers/Chief Parliamentary Secretary, Haryana.

U.O. No. 5/27/98-1FR Dated, Chandigarh, the 17th September, 2004

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624

These instructions have been modified partly vide No. 2/1(1)89-4FR, Dated 10.12.2010.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT No. 2/1(1)89-4FR

To All the Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 21st September, 2004

Subject : Disbursement of salaries to the employees - Switching over from cash disbursal to the bank account system.

Sir/Madam,

I am directed to refer to the Finance Department's instructions bearing same number dated 25th June, 2004 on the subject cited above and to say that the matter regarding disbursement of salaries to the blind/orthopedically handicapped employees has been considered in the light of the difficulties which they might face in getting salary through banks. It has, therefore, been decided that all those Haryana Government blind/handicapped employees of all categories who are getting conveyance allowance be given an option either to get the pay in cash from their department or through the banking channels as notified vide letter referred to above. These instructions may please be brought to the notice of all concerned. Yours faithfully,

Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 2/1(1)89-4FR Dated, Chandigarh, the 21st September, 2004 A copy is forwarded for information and necessary action to the :-

The Accountant General (A&E and Audit) Haryana, Chandigarh with 10 spare copies.

The Director, Institutional Finance & Credit Control Department, Haryana Chandigarh with 10 spare copies.

The Member Secretary, Haryana Bureau of Public Enterprises, Chandigarh. The Director, Treasuries & Accounts, Haryana with 200 spare copies. All the Treasury Officers/Assistant Treasury Officers of Haryana in Haryana,

Chandigarh and Delhi. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

625

A copy is forwarded to :-

All the Financial Commissioner & Principal Secretaries to Govt., Haryana. All the Administrative Secretaries to Government, Haryana. for information and necessary action. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries to

Government, Haryana. All the Administrative Secretaries to Government, Haryana. U.O. No. 2/1(1)89-4FR Dated, Chandigarh, the 21st September, 2004 A copy is forwarded to the Principal Secretary/Deputy Secretary I & II/OSD/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary for the information of the Chief Minister/Ministers/State Minister/Chief Parliamentary Secretary, Haryana. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Principal Secretary/Deputy Secretary I & II/OSD/ Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Minister/State Ministers/Chief Parliamentary Secy.

U.O. No. 2/1(1)89-4FR Dated, Chandigarh, the 21st September, 2004.

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626

These instructions have been Reiterated vide No. 6/39/04-4PR(FD), Dated 09.12.2005.

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 6/85/03-3PR(FD)

To All Heads of Departments, in the Haryana State. Dated, Chandigarh, the 22nd September, 2004 Subject : Court cases pertaining to Pay Revision/pay scale matters of the

employees - regarding filing of replies in such cases in Courts and vetting of draft written statement/replies.

Sir/Madam,

I am directed to invite your attention to the instructions issued by the Finance Department on the subject cited above vide No. 2/40/98-5PR(FD) dated 6.10.98 and No. 6/53/2001-5PR(FD) dated 10.5.2001 and to say that the instructions in question and various other instructions issued by the State Government from time to time regarding defense of court cases are not being followed meticulously by the various departments. Resultantly the Government has to face embarrassment in the courts besides being burdened with heavy financial loss. The Government have thus decided as under :-

(i) The written statement in such court cases must be approved at the level of Head of Department before the same is sent to the Finance Department.

(ii) The written statement must be sent to the Finance Department at least 15 days before the date of hearing in a particular case otherwise the department concerned would seek adjournment in that case.

(iii) Computer floppy related to the draft written statement must accompany the draft reply.

(iv) Department must ensure that the concerned official/officer well conversant with the case is deputed to the Finance Department well in time along with related material such as service rules etc. for the purpose of vetting of drafts.

(v) Where a model draft of written statement is provided to the department concerned by the Finance Department, the same must be carefully gone through with due care and used as the basis for preparation of the reply

These instructions should be brought to the notice or all concerned for strict compliance.

Yours faithfully,

Sd/- (Anuradha Gupta) Special Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

627

A copy is forwarded for information and necessary action to all the Financial Commissioners & Administrative Secretaries to Government Haryana. Sd/- Deputy Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Administrative Secretaries to Government, Haryana. U.O. No. 6/85/2003-3PR(FD) Dated : 22nd September, 2004.

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628

These instructions have become obsolete.

No. 6/149/2002-4PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, The Commissioners Ambala, Hisar, Gurgaon & Rohtak Divisions, All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 24th September, 2004

Subject : Revision of pay scales.

Sir,

I have been directed to invite your attention towards Government of Haryana Finance Department letter No. 6/149/2002-4PR(FD), dated 22.08.2003 in the subject cited above.

2. The Finance Department has issued clarification regarding 3rd proviso to Rule 7 of Revised Pay Rules, 1998 and 3rd proviso of Rule 15 of ACP Rules, 1998 with the request that its compliance report be sent to the Finance Department. But the requisite reply is still awaited it is, therefore, once again requested to send the compliance report by 29th September, 2004 positively.

Yours faithfully,

Sd/- Deputy Secretary Finance (PR)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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629

These instructions have become obsolete.

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To As per list attached. Memo No. 3/16/04-2Pension

Dated 27th September, 2004 Subject : Civil Writ Petition No. 10400 of 2004 - A.K. Sachdeva Vs. State of Haryana

etc. Kindly refer to this office memo No. 3/16/04-2Pension dated 6.8.2004 on the above noted subject. 2. Vide above quoted reference you were requested to supply the information with regard to total number of cases pending involving claim of retired employees for payment of pension, PF, Gratuity, Insurance, Commutation of pension, Leave encashment etc. who have already retired on 3.6.2004 with full particulars of each case and the reasons for delay in finalization of each case. This information was to be supplied to Finance Department (Pension Branch) within 15 days positively so that written statement could be filed in the aforementioned Civil Writ Petition. However, the information has not been received from your Department so far even after the lapse of period of more than one and a half month. 3. In view of above you are directed to furnish the requisite information within 15 days from the date of issuance of this communication. Non submission of information within the stipulated period will attract adverse comments from the Hon‘ble High Court and the defaulting departments will be held personally responsible for the lapse on their part. 4. This may please be treated as most urgent. Sd/- Accounts Officer (Pension), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Contd… Encl.

630

C.W.P. No. 10400 of 2004 - A.K. Sachdeva Vs. State of Haryana etc.

1. Chief Secretary to Govt. Haryana (in Estt. I & II Branch)

2. Financial Commissioner & Principal Secretary to Govt. Haryana, Revenue Department.

3. Legal Remembrancer & Secretary to Govt. Haryana

4. Registrar, Punjab and Haryana High Court

5. All District & Session Judges, Haryana

6. Registrar Co. operative Societies, Haryana

7. Director, Animal Husbandry, Haryana

8. Director, Social Defence and Empowerment, Haryana

9. All District & Session Judges, Haryana

10. Director Scheduled Castes & Backward Classes.

11. Director, Industries Department

12. Chief Conservator of Forests, Haryana

13. Director, Mines & Geology, Haryana

14. Director, Women & Child Development Department

15. Director, General, Health Services, Haryana

16. Director, Excise & Taxation Department

17. Director, Town & Country Planning Department

18. All Divisional Commissioners in Haryana

19. All Deputy Commissioners in Haryana

20 Director, Higher Education

21. Director, Secondary Education

22. Director Primary Education, Haryana (to sent consolidated information of the department).

23. Engineer-in-Chief, PWD (B&R) Haryana

24. Engineer-in-Chief, PWD Public Health, Haryana

25. Director, Dev. & Panchayat Department , Haryana

26. Director, Medical College, Rohtak

27. Director Horticulture Department

28. Director, Food & Supply Department

29. Director, Local Fund, Haryana

30. Commandant General, Home Guard & Civil Defence, Haryana

31. Milk Commissioner, Haryana

32. Director Sports Department, Haryana

33. Director, Hospitality, Haryana

34. Director Civil Aviation, Haryana

35. Director, Printing & Stationery Department

36. Chairman, Haryana Public Service Commission

37. Director, Fisheries, Haryana.

38. Director, Treasury & Accounts Haryana

39. Transport Commissioner, Haryana

40. Director, Technical Education, Haryana

41 Director, Institutional Finance & Credit Control Haryana

42 Director, Science & Technology Haryana.

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631

No. 2/2/2004-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District& Sessions Judges in Haryana State. Dated, Chandigarh, the 1st October, 2004 Subject : House Building/Motor Car/Scooter/Motor Cycle/Moped/Cycle/Computer and

Marriage Advance for the Government employees. Sir, I am directed to invite your attention towards Finance Department's instructions issued vide letter No. 34/2/94-WM(3) dated 25th June, 2004 on the subject noted above and to say that most of the departments/applicants are not mentioning the Basic Pay and the Dearness Pay separately in the application forms of House Building Advance and other advances. As such, the Finance Department cannot work out the admissibility/entitlement of the loan at the revised rates in such cases. 2. It has also been observed that loan cases are not being examined by the departments properly in accordance with the instructions issued by the Finance Department from time to time. Most of the columns of the application forms are left unfilled. Complete documents are not enclosed with the proposal. It is, therefore, requested that all the concerned officers/officials working under your control may be directed to scrutinize the loan applications in accordance with the instructions and ensure that the loan applications are complete in all respect, before sending it to the Finance Department. Incomplete cases received in Finance Department will not be entertained at all. 3. These instructions may be brought to the notice of all the officers/officials working in your department for strict compliance. 4. The receipt of this letter may kindly be acknowledged. Yours faithfully, Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/2/2004-WM(3) Dated, Chandigarh, the 1st October, 2004

632

A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners & Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 2/2/2004-WM(3) Dated, Chandigarh, the 1st October, 2004 No. 2/2/2004-WM(3) Dated, Chandigarh, the 1st October, 2004 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana, Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Secretary, Haryana Vidhan Sabha. Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner' & Principal Secy. to Govt., Haryana, Finance Department.

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633

These instructions have obsolete.

No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 20th October, 2004 Subject : Disbursement of Pay and Allowances/Pension for the month of October, 2004.

Sir, I am directed to say that in view of the Gazetted holidays falling on the 30th October, 31st October and 1st November, 2004, on account of Saturday, Sunday and Haryana day respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the October, 2004 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of October, 2004 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 29th October, 2004.

Yours faithfully, Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 20th October, 2004. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 2/1/2/90-4FR Dated, Chandigarh, the 20th October, 2004. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 20th October, 2004. A copy is forwarded to the Principal Secretary/Deputy Principal Secretary I&II/ O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (Surinder Mohan) Superintendent FR for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I & II/

O.S.D./Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.

U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 20th October, 2004.

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No. 34/1(1)/91-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 20th October, 2004 Subject : Rate of interest to be charged on loans from NABARD, Investment in

Transport, HVPN and Food Supplies Department etc. for the year 2004-2005. Sir, I am directed to address you on the subject noted above and to say that during the financial year 2004-2005, the rate of interest on loans granted by the State Government out of the State Loans and Advances, unless otherwise specified in any particular case, would be as under :-

2004-2005

1. Loans from NABARD 7.00%

2. Loans to HVPN 9.00%

3. Investment in Transport Department from MTDRF 11.00%

4. Investment in Food & Supplies Department (CCL) 9.35%

2. The receipt of this letter may kindly be acknowledged. Yours faithfully

Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 20th October, 2004 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners& Principal Secretaries/ Administrative Secretaries to Government, Haryana. U.O. No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 20th October, 2004 No. 34/1(1)/91-WM(3) Dated, Chandigarh, the 20th October, 2004 A copy each is forwarded to the following for information and necessary action :-

Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Secretary, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors to Medical Colleges in Haryana

State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 36/2/2k4-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 27th October, 2004 Subject : Grant of interest free Festival Advance to class IV Government employees

during the year 2004-2005. Sir, I am directed to address you on the subject noted above and to say that the State Government has decided to grant an interest free festival advance @ Rs. 800/- (Rupees eight hundred only) per class IV Govt. employees in the State who apply for it. 2 The advance will be admissible to permanent/temporary class IV employees and to adhoc employees who are continuing in service for the last one year and are likely to continue for another four months, on furnishing surety of a permanent Government employee. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would, in the case of temporary employees, allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanee before the close of the financial year 2004-2005. 3. The following conditions should also be observed in sanctioning this advance :-

(i) The Drawing & Disbursing officer concerned, before sanctioning the advance, should satisfy himself that the incumbent will continue in service until full recovery of the total amount of the advance is effected.

(ii) The advance will be recovered in four equal monthly instalments and the entire advance should be recovered from the pay of the employees before the close of the financial year 2004-2005.

(iii) The advance may be drawn and disbursed on or before 12/11/2004.

(iv) The advance will not be admissible to work charged & contingent paid staff and daily wagers.

(v) The advance should not be granted by parent Departments to those Class IV employees who are on deputation to other Governments/ Corporations and Local Bodies etc.

(vi) If both husband & wife are employed, the advance should be allowed to only one of them.

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4. It is requested that the schedule of recoveries should be attached with each bill in the enclosed Performa-I. It is also requested that the detailed accounts of the recoveries of the advance should be maintained by the Drawing and Disbursing Officer which should be reconciled with the office of the Accountant General, Haryana (A&E) Chandigarh every month. 5. The expenditure incurred on the grant of festival advance may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by the end of December, 2004 in the enclosed Performa -II. 6. The expenditure will be debited to the Major Head "7610-Loans-to Government Servants etc. 800-0ther Advances (98) Festival Advance (50) Advances (Non-Plan). The recoveries made will be credited to the corresponding receipt head i.e. 7610-Loans to Governments Servants etc. 800-0ther Advances (98) Festival Advances (Receipt). Yours faithfully, Sd/- (S.R.MAURYA) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. No. 36/2/2k4-WM(6) Dated, Chandigarh, the 27th October, 2004 A copy is forwarded to the Accountant General, (A&E and Audit) Haryana Chandigarh for information and necessary action. The expenditure will be debited against grant No. 25 under Major Head "7610-Loans to Government Servants etc.-800 other Advances-(98) Festival Advance 50) Advances. The detailed account of recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. No. 36/2/2k4-WM(6) Dated, Chandigarh, the 27th October, 2004. A copy is forwarded to all Treasury Officers/Assistant Treasury Officers, in Haryana will the stipulated date way please be strictly followed and no bill be passed after 12.11.2004. The payment made on the basis of the sanction issued by the department concerned would be treated as payment authority ill relaxation of Rule 4.113 of S.T.R. Vol. I . Sd/- (S.R. MAURYA) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. Copies are forwarded to all Financial Commissioners & Principal Secretaries/

639

Administrative Secretaries to Government Haryana for information and necessary action. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To All Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government, Haryana. U.O. No. 36/2/2k4-WM(6) Dated, Chandigarh, the 27th October, 2004 A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary I&II/Officer on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman, Planning Board, Haryana, Sd/- (S.R.MAURYA) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department. To The Principal Secretary/Deputy Principal Secretaries/

Officers on Spl. Duty/Senior Secretaries/Secretaries/ Private Secretaries to Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman Planning Board.

U.O. No. 36/2/2k4-WM(6) Dated, Chandigarh, the 27th October, 2004. No.36/2/2k4-WM(6) Dated, Chandigarh, the 27th. October, 2004. A copy is forwarded to the following for information and necessary action :-

All Managing Directors of various Boards/Corporation in Haryana. Vice Chancellors of Universities and Director of Medical Colleges in Haryana. Sd/- (S.R.MAURYA) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana Finance Department.

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PROFORMA - I

SCHEDULE OF RECOVERIES

S. No. Name & Designation of employee(s)

Total amount of advance Rs.

Recoveries upto last month of Financial Year 2009-2010 Rs.

1 2 3 4

Amount of advance recovered in this bill Rs.

Total amount of recovered upto date Rs.

Balance Rs. Remarks

5 6 7 8

PROFORMA - II

Name of Department

Name of Office Drawing & Disbursing Officer

Amount of Festival advance granted to the employees Rs.

1 2 3 4

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These instructions have been reiterated vide No. 5/3/2006-1B&C, Dt. 12.05.2006.

MOST IMPORTANT No. 5/6/92-1B&C

From

Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh, Commissioners of Ambala, Hisar, Rohtak and Gurgaon Divisions, All Deputy Commissioners in the Haryana in the State, Managing Directors of Boards and Corporations in Haryana, The Registrar, Maharishi Dayanand University, Rohtak, Kurukshetra University, Kurukshetra, Haryana Agriculture University, Hisar and Guru Jambheshwar University, Hisar. Dated, Chandigarh, the 6th November, 2004 Subject : Economy Measures. Sir, I am directed to invite your attention towards the instructions issued by the Finance Department vide letter No. 5/6/2002-1B&C dated 2.1.2003, on the above subject. The State Govt. has decided that in cases of departments where the restructuring exercise of staff has been completed, the cases for filling up of posts, in case of vacancies, need not be referred to the Finance Department. Yours frightfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 5/6/92-1B&C Dated : 6th November, 2004

A copy b forwarded to the Accountant General, Haryana (A&E/Audit) Chandigarh for information.

Sd/- Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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These instructions have been Revised vide No. 36/18/2002-WM(5), Dated 09.08.2006.

No. 36/18/2002-WM(5)

From

The Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department.

To

All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. All Deputy Commissioners and Sub Divisional Officers (Civil) All District & Sessions Judges in Haryana State.

Dated, Chandigarh, the 9th November, 2004

Subject : Computerisation of Accounts of Long Term Advances like House Building Advance, Motor Car Advance, Scooter Advance, Marriage Advances and Computer Advance etc.

Sir,

I am directed to refer to this office letter No. 36/18/2002-WM(5) dated 20-9-2002, on the subject noted above vide which all Heads of Departments were desired to supply complete details of sanctions, debit vouchers, recovery schedules etc of House Building Advance, Motor Car Advance, Computer Advance, Marriage Advance, interest etc. to AG(A&E), Haryana, on the prescribed proforma. Now the AG (A&E), Haryana has pointed out that the required information, on the prescribed proforma, is not being made available by the departments to AG office, Haryana which is causing hindrance in the computerization of record of Long Term Advance accounts. 2. It is, therefore, again requested that the following information may kindly be supplied to AG (A&E) Haryana regularly :-

(i) Complete information as prescribed in Annexure-I in respect of fresh sanctions.

(ii) Complete information as in Annexure-Il in the recovery schedules of HBA,

MCA, Marriage Advances, Computer Advances etc. attached with pay bills. (iii) In all NDC cases debit vouchers and correspondence relating to long term

advances, GPF Account number be mentioned invariably.

3. The receipt of this letter may kindly be acknowledged.

Yours faithfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 36/18/2002-WM(5) Dated, Chandigarh, the 9th November, 2004 A copy is forwarded to the Accountant General (A&E), Haryana, Chandigarh w.r.t. his D.O. letter No. TM(T)/Comp. of Loans/1034 dated 29-9-04 for information. Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/Administrative Secretaries to. Government of Haryana for information and necessary action. Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners & Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 36/18/2002-WM(5) Dated, Chandigarh, the 9th November, 2004 No. 36/18/2002-WM(5) Dated, Chandigarh, the 9th November, 2004 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana, State Election Commissioner, Haryana, Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Secretary, Haryana Vidhan Sabha, Sd/- (S. R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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Annexure - I

Sanction must incorporate the following information :-

1. Name of sanctioning authority

2. Sanction No and Date

3. Name & Designation of loanee

4. GPF Account No. alongwith series

5. Nature of loan i.e. HBA, MCA, Ma, Computer, Interest etc.

6. Head of Account

7. Amt. of loan sanctioned

8. No. and rate of instalments.

9. Month from which recovery is to commence

10. Rate of interest

11. Rate of Penal interest

12. Name of DDO

Note : It must be mentioned clearly in the condition of sanction itself that the recovery of interest will be commenced immediately after the recovery of principal is completed.

Annexure - ll

Schedule of Recovery of ______________ Advance

Head of Accounts : Major Head : Minor Head :

S.No. Employee Name &

Designation

GPF Account No.

Alongwith Series

Total amount drawn

Amount recovered upto previous month

installment No/Total

number of installments

Amount recovered in this bill

Balance Amount

1 2 3 4 8 6 7 8

Signature of the DDO

S. No.

Nature of loan i.e. HBA/

MBA/MA/ Computer/Intt.

Head of Account

Name of Sanctioning

Authority

Sanction No. date

Name and designation of loanee

GPF A/C no.

Amt. of loan Sanctioned

Vr. No. and date of amount

drawn

No. of Installments &

rate of Installment

Month of 1st

recovery

Amt. Recovered upto previous

month

Amt. Recovery

in this month

Balance Amount

Rate of Intt.

Rate of Penal

Intl

Name of COO

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MOST IMMEDIATE PAC MATTER Subject : Scruting of replies in regard to the implementation of the observations/

Recommendations of the Public Accounts Committee.

Will all the Financial Commissioner & Principal Secretaries/Administrative Secretaries to Govt. Haryana kindly refer to the subject noted above?

2. Despite issue of detailed instructions vide FD's letter No. 18/13/2002- 3B&C dated 26.11.2002, containing procedure for dealing with the PAC reports and subsequent reminders issued from time to time due attention is not being given by various departments towards adoption of requisite remedial/ corrective measures, with the result about 745 recommendations are still outstanding for want of action at their level. The PAC in its meeting held on 14.9.2004 has taken a very serious view of this inordinate delay.

3. It is requested again that working of Nodal officers nominated and monitoring Committees constituted for the purpose may be made more effective and reviewed at the level of Secretaries to achieve the requisite results. It is also requested that all concerned may kindly be impressed upon to take immediate remedial/ corrective measures in this regard with a view to reduce the arrears of outstanding observations/ recommendations. The action taken report may be sent within a fortnight positively.

4. This may kindly be given" TOP PRIORITY',

Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Administrative Secretaries to Govt. Haryana.

U.O. No. 15/5/2002-3B&C Dated 11th November, 2004

No. 15/5/2002-3B&C Dated 11-11-04

A copy is forwarded to all the Heads of Departments for immediate necessary action.

2. They are requested to finalise all the pending recommendation observations of the PAC contained in their various reports immediately and send action taken report to the Govt. within the stipulated period.

Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 15/5/2002-3B&C Dated 11-11-04

A copy is forwarded to the Secretary, Haryana Vidhan Sabha, Chandigarh for information with reference to his letter No. PAC-3/2004/24612 dated 12.10.2004.

Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 12/1/152/PE/FD/SA-2 From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments/Commissioners Ambala, Hisar, Rohtak and Gurgaon Divisions and All Deputy Commissioners in Haryana, The Managing Directors/Chief Executives/ Chief Administrators of all the Corporations/Companies/ Boards/Co-operative Institutions etc. in the State. Dated, Chandigarh, the 11th November, 2004

Subject : Grant of Bonus/Ex-gratia to the Employees of Public Sector Undertakings— Policy regarding.

Sir, I am directed to refer to this office circular letter No. 12/1/152/PE/FD/SA-2, dated 12.11.2002 on the subject cited above and to say that para 4 of above said letter is amended as under :- Token Gifts Token gifts upto Rs. 525/- limit (Rupees Five Hundred Twenty Five only) per employee may be allowed on the occasion of Diwali by the Board of Directors of the Public Enterprises. Other terms and conditions will remain same as mentioned in the above referred letter. This issue with the approval of Hon‘ble C.M., Haryana.

Yours faithfully, Sd/- Financial Advisor, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioner/Administrative Secretaries to Govt., Haryana for information and necessary action. Sd/- Financial Advisor, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

647

To All the Financial Commissioners/Administrative Secretaries to Government, Haryana. U.O. No. 12/1/152/PE/FD/SA-2 Dated, Chandigarh, 11th November, 2004 A copy is forwarded to Principal Secretary to Chief Minister, Haryana for kind information. Sd/- Financial Advisor, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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648

No. 21/02/2004-3B&C

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of the Departments in Haryana. Dated, Chandigarh, the 23rd November, 2004 Subject : Excess/unnecessary/inadequate supplementary provisions. Sir, I am directed to invite your attention towards the subject noted above and to say that while going through the Appropriation Accounts of the last many years, it has come into the light that :- (i) Certain departments obtain enough amount for expenditure through the Budget

Estimates and further they get additional provision made through the Supplementary Estimates whereas their annual expenditure comes much below the level of Budget Estimates itself. Thus the amount obtained through Supplementary Estimates is rendered unnecessary.

(ii) Some departments obtain certain amount through Supplementary Estimates

but their expenditure remains much below the amount of Budget Estimates and Supplementary Estimates taken together.

(iii) Certain Departments incur expenditure in excess over and above the

sanctioned budget which is totally against the Constitutional Provisions. (iv) Some of the Departments surrender huge amount from the sanctioned budget

on the 31st March every year but do not care to eliminate this irregular tendency in the coming years.

(v) Certain Departments draw enough amount through Abstract Contingent Bills

but do not care to submit Detailed Contingent Bills to Accountant General (A&E), Haryana for years whereas rules do not permit to draw any amount through A.C. Bills till D.C. Bills of previous A.C. Bills are submitted to Accountant General, Haryana.

(vi) Certain Departments do not keep their accounts updated with the result they

surrender certain amounts on 31st March whereas there is either no savings or there is lesser savings available for surrender. The Expenditure of certain other Department is in excess over and above the sanctioned Budget still they surrender certain amount on 31st March every year.

All these facts indicate injudicious, inadequate and unrealistic Budgeting and maintenance of Accounts by the Departments. Therefore, these lapses are hereby brought to the notice of all Heads of Departments with the request to instruct all D.D.Os /AOs/Assistants

649

responsible for maintenance of Accounts and Budget Framing to keep these into mind while preparing the Budget Estimates, Supplementary Estimates and Excess & Surrender statements in future so that recurrence of all these lapses are avoided henceforth. Yours faithfully, Sd/- Deputy Secretary Finance (Budget), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Govt. Haryana for information and further necessary action. Sd/- Deputy Secretary Finance (Budget), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Govt., Haryana. U.O. No. 21/02/2004-3B&C Dated 23.11.2004 No. 21/02/2004-3B&C Dated 23.11.2004 A copy is forwarded to Accountant General (A&E/Audit) Haryana for information. Sd/- Deputy Secretary Finance (Budget), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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650

HARYANA GOVT. GAZ. (EXTRA.), DEC. 2, 2004 (AGHN. 11, 1926 SAKA)

[Authorised English Translation]

HARYANA GOVERNMENT

FINANCE DEPARTMENT

Notification

The 2nd December, 2004

No. G.S.R.34/Const./Art.309/2004.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules Volume II, as applicable to the State of Haryana, namely :-

1. (1) These rules may be called the Punjab Civil Services Volume II (Haryana

Fourth Amendment) Rules, 2004.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Punjab Civil Services Rules Volume II, in rule 4.3, for part (a), the following part shall be substituted, namely :-

"(a) Service rendered by an employee belonging to one of the classes mentioned in the Schedule below after attaining the age of 18 years, which is pensionable under military rules, but which terminates before a pension has been earned in respect of it, may, at the discretion of Government, be allowed to count, when followed by service qualifying for pension under civil rules, as part of such service. Service so allowed to count shall, however, be restricted to service, within or outside employee's unit or department, in India or elsewhere, which has been paid from Indian revenues or for which a pensionary continuation has been received by Indian revenues :

Provided that any bonus or gratuity received in lieu of pension on, or since, discharge from military service, shall be refunded in such number of monthly instalments, not normally exceeding 36 and beginning from such date, as in each case, the Government may decide. The amount shall be refunded along with interest calculated at the rate applicable on General Provident Fund accumulation from time to time computed in the same manner (i.e. with annual compounding) for the period from the date of receipt of pensionary/gratuity benefits till the date of refund to the Government :

Provided further that in cases where after the issue of the orders by the competent authority on the basis of option exercised by an employee for counting of past service for pensionary purposes, if an individual does not deposit the amount of bonus/gratuity already received by him from military authorities within one month of the receipt of communication from the Government/autonomous body, penal interest at the rate of 10% per annum shall also be charged in addition to normal rate of interest. The condition of payment of interest/penal interest shall also be applicable for military service

651

benefit under the Punjab Government National Emergency (Concession) Rules, 1965.‖

BHASKAR CHATTERJEE Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

Endst. No. 1/2/1/94-2Pension Dated, Chandigarh, the 29th November, 2004

A copy for information is forwarded to :-

All Heads of Departments, Commissioners of Divisions in Haryana. The Registrar, Punjab and Haryana High Court, Chandigarh. All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Sd/- Accounts Officer (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 1/2/1/94-2 Pension Dated, Chandigarh, the 29th November, 2004

A copy is forwarded to Accountant General (A&E), Haryana, Chandigarh with 1000 spare copies for information and necessary action.

Sd/- Accounts Officer (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy for information and necessary action is forwarded to :-

All the Financial Commissioners and Principal Secretaries to Government, Haryana. All the Administrative Secretaries to Government, Haryana.

Sd/- Accounts Officer (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Financial Commissioners and Principal Secretaries to Government, Haryana. All Administrative Secretaries to Government, Haryana.

Endst. No. 1/2/1/94-2 Pension Dated, Chandigarh, the 29th November, 2004

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652

These instructions have been Revised vide No. 36/18/2002-WM(5), Dated 09.08.2006.

No. 36/18/2002-WM(5) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State.

Dated, Chandigarh, the 3rd December, 2004

Subject : Computerization of Accounts of Long Term Advances like House Building Advance, Motor Car Advance, Scooter Advance, Marriage Advances and Computer Advance etc.

Sir,

I am directed to refer to this office letter No. 36/18/2002-WM(5) dated 9- 11-2004, on the subject noted above and to say that the AG (A&E), Haryana has reported that all the DDOs are not furnishing the information complete in all respects. Particularly, GPF A/c Nos. are not being mentioned in the sanctions, debit vouchers and recovery schedules of HBA/MCA/ Computer Advances/Marriages Advance/Interest etc. GPF Account Nos. and amount of advance drawn are mandatory factor while computerizing the data. In the absence of the required information, his office is facing difficulty while doing credit/debit posting of these loans.

2. It is, therefore, again requested that the requisite information on the prescribed proforma may kindly be supplied to AG(A&E), Haryana properly and regularly so that Accountant General Office may work smoothly. Yours faithfully, Sd/- (S.R. Maurya), Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 36/18/2002-WM(5) Dated, Chandigarh, the 3rd December, 2004

A copy is forwarded to the Accountant General (A&E), Haryana, Chandigarh for information. Sd/- (S.R. Maurya), Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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653

GOVERNMENT OF HARYANA DEPARTMENT OF FINANCE

Office Memorandum

No. 4/7/99-6FR/3713 Dated: Chandigarh, 8th December, 2004

Subject : Grant of dearness relief to the pensioners/family pensioners of the Haryana Government on the revised pension/family pension w.e.f. 1.7.2004.

Sir/Madam,

I am directed to invite a reference to this department circular letter No. 4/7/99-6FR/1743 dated the 31st May, 2004 on the subject noted above and to state that the Governor of Haryana is pleased to decide that the Dearness Relief shall be paid to the Haryana Government pensioners/family pensioners to compensate them for the rise in cost of living at the rate of 14% w.e.f. 1.7.2004.

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment.

4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned.

5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 14% on revised basic Pension/Family Pension w.e.f. 1.7.2004. Therefore, it has been decided that it will be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case.

6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits".

7. Copy of this order is also available on website which can be downloaded from the site www.haryana.nic.in.

8. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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654

No. 2/2/2004-1Pension(FD)

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana, All the Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 10th December, 2004 Subject : To count the worked charged service towards retirement benefits -

clarification regarding. Sir, I am directed to refer to the subject noted above and to say that it has come to the notice of the Government that pensionary benefit by counting the work charged service toward regular service is not being granted to certain Government employees. In this regard, it is submitted that there is a provision in the rule 3.17 A(g) of the Pb. CSR Vol. II wherein it is laid down that the entire service rendered by an employee as work charged shall be reckoned towards retirement benefits provided :-

(i) Such service is followed by regular employment.

(ii) There is no interruption in the two or more spells of service or the interruptions fall within condonable limits; and

(iii) Such service is a whole time employment and not part time or portion of day. Accordingly your kind attention is invited to the above said provision of rule to enable your good self to deal with the cases of such type of employees. These instructions may be brought to the notice of all concerned under your kind control for strict compliance and any violation will be viewed seriously by the Govt. Yours faithfully, Sd/- Under Secretary Finance (Pension), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. No. 2/2/2004/1Pension (FD) Dated, Chandigarh, the 10th December, 2004 A copy is forwarded for information to the Accountant General (A&E), Haryana Chandigarh. Sd/- Under Secretary Finance (Pension), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

655

A copy for information and necessary action is forwarded to :-

All the Financial Commissioners in Haryana and All the Commissioner and Administrative Secretaries to Government, Haryana. Sd/- Under Secretary Finance (Pension), for Financial Commissioner & Secretary to Govt., Haryana, Finance Department. To All the Financial Commissioners in Haryana. All the Commissioner & Administrative Secretaries

to Govt., Haryana. U.O. No. 2/2/2004/1Pension Dated, Chandigarh, the 10th December, 2004.

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656

These instructions have become obsolete.

No. 1/3/70/99-Pension From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments, All Commissioners, Ambala, Gurgaon, Rohtak & Hisar Divisions, Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub-Divisional Officers (Civil) in Haryana. Dated: 15th December, 2004 Subject : Submission of application for revision of pension/family pension of pre and

post 1986 pensioners/family pensioners. Sir, I am directed to invite your attention towards this department letter No. 1/3/70/99-2FR-II dated 29.10.03 vide which the date for submission of application for the revision of pension/family pension of the Haryana Govt. pensioners was extended upto to 31.3.04 on the pattern of Govt. of India. Now the Govt. of India has further extended the last date for submission of application as 30.9.2004 for the revision of pension/family pension of their civil pensioners, therefore, the State of Haryana after due consideration has also decided to extend the date of submission of applications for the revision of pension/family pension of its pensioners as 28.2.2005. 2. This communication may please be brought to the notice of all the concerned for their information and necessary action, if any. Yours faithfully, Sd/- Under Secretary Finance (Pension), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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657

These instructions have been Revised vide No. 10/46/2004-2FICW, Dated 27.01.2009 & No. 10/24/2007-2FICW, Dated 25.05.2007.

No. 10/46/2004-2FICW

From Bhaskar Chatterjee, IAS Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To AII Heads of Departments, Commissioner Ambala, Hisar, Rohtak & Gurgaon Divisions, AII Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 17th December, 2004 Subject : Grant of House Rent Allowance to Haryana Government employees. Sir, I am directed to refer to Finance Department's letter No. 10/31/98-2FICW, dated 11.8.1998 on the above subject and to say that for some time past the State Government, have had under their consideration the question of further revision of rates of House Rent Allowance admissible to the Haryana Government employees and it has now been decided that Haryana Government employees will get House Rent Allowance on the slab-system in the following manner with effect from 1.12.2004 :-

CAPITAL CITY OF CHANDIGARH AND PANCHKULA HAVING A POPULATION OF MORE THAN 4.00 LACS INCLUDING DELHI AND FARIDABAD

Sr. No.

Existing pay ranges Existing rates of HRA Revised rates of HRA

1. 2550-2790 220 320

2. 2791-2935 285 385

3. 2936-4570 345 445

4. 4571-4870 410 510

5. 4871-6060 470 570

6. 6061-8440 595 695

7. 8441-9785 720 820

8. 9786-10680 785 885

9. 10681-11655 910 1010

10. 11656-12030 1035 1135

11. 12031 and above. 1160 1260

658

HOUSE RENT ALLOWANCE FOR OTHER TOWNS OF HARYANA EXCEPT CHANDIGARH, PANCHKULA, DELHI AND FARIDABAD

Sr. No.

Existing pay ranges 1.00 lac to 4.00 lac 'A' Class Cities

25,000 to 1,00,000 'B' Class Cities

Below 25,000 Unclassified Cities/towns/ villages

Existing rates

Revised rates

Existing rates

Revised rates

Existing rates

Revised rates

1. 2550-2935 160 260 135 235 125 225

2. 2936-4570 190 290 160 260 125 225

3. 4571-4870 220 320 160 260 125 225

4. 4871-6060 285 385 190 290 160 260

5. 6061-8145 345 445 250 350 190 290

6. 8146-9785 470 570 345 445 250 350

7. 9786-10680 535 635 410 510 285 385

8. 10681-12030 595 695 410 510 285 385

9. 12031 and above. 660 760 470 570 345 445

2. These orders shall not apply to part-time workers whether paid from the regular establishment or from contingency work-charged employees, casual labour, staff employed on daily wages and those working on piece rate system and contract basis. The limit for the purpose of rent receipt shall be Rs. 6500 P.M. The other instructions in the matter issued from time to time shall remain the same. 3. The arrears of HRA would be paid in cash from 1.12.2004. Yours faithfully, Sd/- (Dinesh Singh Yadav) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 10/46/2004-2FICW Dated, Chandigarh, the 17th December, 2004 A copy is forwarded for information and necessary action to the :- Accountant General (A&E) and (Audit), Haryana, Chandigarh with 15 spare Copies for information and necessary action. The Finance Secretary, Chandigarh Administration, Chandigarh. All Treasury Officers/Assistant Treasury Officers in Haryana. The Director, Treasuries & Accounts, Haryana. Sd/- (Dinesh Singh Yadav) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

659

A copy is forwarded to all the Financial Commissioners and Principal Secretaries, Haryana and all Administrative Secretaries to Govt., Haryana for information & necessary action. Sd/- (Dinesh Singh Yadav) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Principal Secretaries

in Haryana State. All Administrative Secretaries to Govt., Haryana. U.O. No. 10/46/2004-2FICW Dated, Chandigarh, the 17th December, 2004. A copy is forwarded to the Principal Secretary/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary for information of the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (K.K. Grover) Superintendent FICW, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Secretaries/Private Secretaries to the

Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.

U.O. No. 10/46/2004-2FICW Dated, Chandigarh, the 17th December, 2004.

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660

These instructions have been Revised vide No. 1/125/2008-1PR(FD), Dated 14.01.2009

No. 5/32/98-1FR

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

Office Memorandum

Dated, Chandigarh, the 17th December, 2004 Subject : Cycle Allowance to all Group ‗D‘ employees Sir/Madam, I am directed to invite a reference to Haryana Government, Finance Department circular letter No. 5/32/98-1FR-II dated 13th August, 1998 on the subject noted above and to say that it has been decided to raise the rates of Cycle Allowance from the present Rs. 30/-p.m. to Rs. 50/- p.m. for the Group 'D' employees of Haryana Government with immediate effect. Yours faithfully,

Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to the :-

All the Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and SDOs (Civil) in Haryana. The Registrar, Punjab & Haryana High Court, Chandigarh. Endst. No. 5/32/98-1FR Dated, Chandigarh, 17th December, 2004. A copy along with a spare copy is forwarded to the Accountant General (A & E) Haryana, Chandigarh for information and necessary action. Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries & all the Administrative Secretaries to the Government of Haryana for information and necessary action. Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

661

To All the Financial Commissioners & Principal Secretaries & all the Administrative Secretaries to the Government, Haryana. U.O. No. 5/32/98-1FR Dated, Chandigarh, 17th. December, 2004 A copy is forwarded to the Principal Secretary/Deputy Principal Secretary I&ll/OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ State Minister/Chief Parliamentary Secretary for the information of Chief Minister/State Ministers Chief Parliamentary Secretary, Haryana. Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I & ll/

OSD/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Minister/Chief Parliamentary Secretary.

U.O. No. 5/32/98-1FR Dated, Chandigarh, 17th December, 2004.

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662

These instructions have obsolete.

No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 21st December, 2004 Subject : Disbursement of Pay and Allowances/Pension for the month of December,

2004. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st and 2nd January, 2004, on account of Saturday, Sunday and Haryana day respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the December, 2004 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of December, 2004 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 31st

December, 2004.

Yours faithfully, Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 21st December, 2004. A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

663

No. 2/1/2/90-4FR Dated, Chandigarh, the 21st December, 2004. A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners Haryana. All Administrative Secretaries to Govt. Haryana. U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 21st December, 2004. A copy is forwarded to the Principal Secretary/Deputy Principal Secretary/ O.S.D./Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/ Ministers of State/Chief Parliamentary Secretary for the information of the Chief Minister/ Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/ Deputy Principal Secretary/O.S.D./

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary, Haryana.

U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 21st December, 2004.

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664

No. 12/1/05-WM(1) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 19th January, 2005 Subject : General Provident Fund schedules of the subscribers of All India Services. Sir, I am directed to address you on the subject noted above and to say that as pointed out by Accountant General (A&E), Haryana, most of the departments of Haryana State, while preparing the General Provident Fund schedules of the subscribers of All India Services, erroneously book their General Provident Fund subscriptions under the head ‖8009-State Provident Fund-01-Civil-101 -GPF‖ instead of booking under the correct head ―8009-State Provident Fund-01-Civil-104-AIS PF‘. As a result of booking under wrong head of accounts, the credits of the subscribers of AIS services are not credited in their accounts and these credits remain unposted and missing from the officers‘ General Provident Fund account. This leads to protracted correspondence by Accountant General (A&E), Haryana with the Drawing & Disbursing Officers for getting these missing credits adjusted in the concerned AIS officers‘ accounts. 2. It is, therefore, requested that this irregularity may be brought to the notice of all Drawing & Disbursing Officers working in the departments to prepare the General Provident Fund schedules of AIS subscribers separately and book it under the head ‘AIS‘ besides embossing these AIS schedules with a stamp captioned as ‗AIS Fund‘ so that General Provident Fund schedules of AIS subscribers could be accounted for in their respective accounts correctly and expeditiously. 3. Kindly acknowledge receipt. Yours faithfully, Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finances Department. No. 12/1/05-WM(1) Dated, Chandigarh, the 19th January, 2005

665

A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finances Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finances Department. To All Financial Commissioners and Principal Secretaries/ Administrative Secretaries to Government, Haryana. U.O. No. 12/1/05-WM(1) Dated, Chandigarh, the 19th January, 2005 No. 12/1/05-WM(1) Dated, Chandigarh, the 19th January, 2005 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Hon‘ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finances Department.

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666

These instructions have been Reiterated from time to time.

MOST IMMEDIATE DATE BOUND No. 1/12/91-WM(4) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

All the Heads of Departments in Haryana, All the Commissioners of Divisions in Haryana. Dated, Chandigarh, the 10th March, 2005 Subject : Reconciliation of figures under the Major Head - ―0049-Interest Receipts‖ at

the end of December, 2004. Sir, I am directed to invited your attention towards Finance Department‘s letter No. 1/12/91-WM(4) dated 28-1-05 on the subject cited above whereby they were requested to depute concerned official of their department to the o/o A.G.(A&E), Haryana to complete the reconciliation work within a week positively and in future it may be ensured that reconciliation work must be completed by 7th day of 2nd following month to which accounts pertain. 2. The Accountant General, Haryana has pointed out that the reconciliation work under Major Head ―0049-Interest Receipts‖ has yet not been initiated by the concerned departments. They are, therefore, requested again to update the reconciliation work within a week, under intimation to the Finance Department.

Yours faithfully,

Sd/- Superintendent ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 1/12/91-WM(4) Dated, Chandigarh, the 10-3-05 A copy is forwarded to the Sr. Dy. Accountant General (A&E) Haryana, Sector-33, Chandigarh, with reference to his letter No. Appn-A/CS/ROE/2004-05/1948 dated 3-2-05 for information and necessary action. Sd/-

Superintendent ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

667

A copy is forwarded to Superintendent, Budget & Committee Branch, for information and necessary action. Sd/- Superintendent ways & Means, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Superintendent, Budget & Committee Branch. U.O. No. 1/12/91-WM(4) Dated, Chandigarh, the 10-3-05

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668

These instructions have become obsolete.

MOST IMMEDIATE DATE BOUND

HARYANA GOVERNMENT FINANCE DEPARTMENT

No. 28/01/2005-2B&C Dated 11th March, 2005

A copy of Sr. DAG‘s D.O. letter No. App.A/Cs/1-2/2004-05 Re-Appn Orders/2145, dated 2.3.2005 is forwarded to all the Officers/Supdts. of expenditure control branches of the Finance Department for information and necessary action.

2. They are requested to ensure that all the re-appropriation orders for the year 2004-2005 are issued in accordance with the provisions contained in para 14.5 (V) of The Punjab Budget Manual and copies thereof, are sent to the Accountant General (A&E/Audit), Haryana by 15th April, 2005 positively.

3. It may also be ensured that the re-appropriation orders relating to State Plan, Central Plan Schemes, (showing State and Central Share) and Centrally Sponsored Schemes under plan heads are issued separately to coincide with Original and Supplementary Plan Estimates, as desired by A.G. Haryana Govt. as far as possible figures of re-appropriation under different sub-heads should be rounded off to the thousands of rupees.

4. They are also requested that a grant wise Consolidated Statement of all the re- appropriation orders issued during 2004-05 may kindly be sent to Budget & Committee Branch (in triplicate) alongwith a copy of each re-appropriation order by 15th April, 2005 positively.

Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 28/01/2005-2B&C Dated 11.3.05 A copy is forwarded to all Heads of Departments in the Haryana State. 2. They are requested to supply the final figures of Expenditure during the year 2004-05 in accordance with the requirement of AG (A&E), Haryana to Finance Department by 31/03/2005 positively. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 28/01/2005-2B&C Dated 11.3.05

A copy is forwarded to Senior Deputy Accountant General (A&E), Haryana, Chandigarh for information.

Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

669

B.R. Mondal, D.O. No. APPN.A/Cs/1-2/2004-05/ Sr. D.A.G. (A/cs) Re-appn orders/2145

O/o the Accountant General (A&E), Haryana, Dated 2.3.05 Plot No. 4 & 5, Sector 33-B, Chandigarh-160047

Telegram-HISAB

Telex No. : 0395-7264 AGHRIN Dear Ram Niwas ji,

Your kind attention is invited to the provisions contained in para 14.5 (V) of the Punjab Budget Manual which interalia provides that re-appropriation orders are not permissible after the close of the financial year. As such all the re-appropriation orders issued by the Finance Department alongwith consolidated statement showing the requisite details of re-appropriation orders issued during 2004-05 must reach this office by 15th April, 2005 at the latest. The re-appropriation orders relating to State Plan, Central Plan (showing State and Central Share) and Centrally sponsored plan under plan heads may be issued separately to coincide with the original and supplementary Plan estimates. The figures of re-appropriation under different sub-heads should be rounded off to the nearest ‗thousand‘ of rupees so that voted grant may not be exceeded.

It may also be ensured that in case of sharing basis scheme the amount and percentage of share should be indicated distinctly with full details/bifurcation upto primary unit i.e. S.O.E. level with code number allotted in the Budget for 2004-05. The necessary details upto S.O.E. level may also be provided in case of supplementary grants issued by the Finance Department.

It is also further stated that re-appropriation for one unit of appropriation to another within a grant is permissible only if saving to that extent is available. But perusal of records of previous years reveal that excess through re-appropriation orders are being taken into account without saving within the grant which is contrary to the provisions contained in para 14.4 of Punjab Budget Manual.

I shall be grateful, if you could look into the matter personally and issue suitable instruction to the concerned authorities so that all the re-appropriation orders for the year 2004-05 alongwith the consolidated statement showing the excess and saving utilised in re-appropriation orders issued during this year should be sent to this office by 15th April, 2005 at the latest. It may please be prominently brought to the notice of all concerned that this office shall not be able to entertain re-appropriation orders received after this date. With regards, Yours sincerely, Sd/- (B.R. Mondal) Sh. Ram Niwas, Special Secretary to Govt. of Haryana, Finance Department (Budget), Chandigarh.

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670

These instructions have become obsolete.

MOST IMMEDIATE No. 20/1/2002-6B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana State. Dated, Chandigarh, the 15th March, 2005 Subject : Reconciliation of departmental figures of expenditure & receipts with those of

Accountant General, Haryana at the end of January, 2004. Sir,

I am directed to invite your attention towards the Finance Department letter No. 20/1/2001-6B&C dated 22-2-2004, on the subject noted above vide which you were requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to Finance Department. The Accountant General (A&E), Haryana has again brought to the notice of Finance Department that some of the Departments (List enclosed) have yet not initiated the reconciliation work under 7 major heads.

Reconciliation of Receipt & expenditure figures with those of A.G. (A&E)/Office is extremely essential for the error free maintenance and efficient management of state finance. It is, therefore, again requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to the Finance Department (in B&C.Br).

This may please be treated as most urgent.

Yours faithfully,

Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 20/1/2002-6B&C Dated : A copy is forwarded to the Sr. Dy. Accountant General (A/E), Haryana w.r.t. his letter No. Appn.A/cs/ROE/2004-05/2152 dated 2/03/2005 for information Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

671

A copy is forwarded to the Superintendent, Ways & Means Br for information and necessary action. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Superintendent, Ways & Means Br. U.O. No. 20/1/2002-6B&C Dated : Departments which have not reconciled their Receipts and Expenditure figures under the following Heads of Accounts from 4/2004 onwards.

Sr. No.

Major Head Controlling Officer

1. 1601 Grant in aid from central Government All Heads of Departments

2. 2416-Agricultural Financial Institution There is no budget under this head which is to be reconciled.

3. 4425-Co-operation. Registrar Co-Operative Societies.

4. 0021-Taxes on income other than Corp. Tax. Finance Department, Haryana

5. 2049-Interest Payment. Accountant General (A&E), Haryana TDH. III Section.

6. 0049-Interest Payment. All Heads of Departments

7. 0050-Dividends and Profits All Heads of Departments

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These instructions have become obsolete.

No. 2/9/2003-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Haryana, Chandigarh/Panchkula, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, the 15th March, 2005 Subject : Amendment in Rule 19.15 of PFR Volume-I. Sir/Madam, I am directed to refer to this departments letter No. 2/9/2003-4F.R, dated 2nd December, 2004 on the subject noted above vide which you were requested to send your comments/Proposals within 30 days direct to the Principal, Accounts Training Institute Haryana, Panchkula and also to depute your representatives to discuss the letter regarding amendment in Rule 19.15 of PFR Volume-I but your comments/proposals have not so far been received. 2. You are, therefore, again requested to send your comments/proposals within 15 days and also to depute representatives to discuss the matter with Principal, Accounts Training Institute, Haryana Panchkula. Yours faithfully, Sd/- Deputy Secretary Finance,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to :-

All the Financial Commissioner & Principal Secretaries to Govt., Haryana, All the Administrative Secretaries to Govt., Haryana, for information and necessary action. Sd/- Deputy Secretary Finance,

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All the Financial Commissioner & Principal Secretaries to Government, Haryana. All the Administrative Secretaries to Govt., Haryana. U.O. No. 2/9/2003-4FR Dated, Chandigarh, the 15.3.2005.

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These instructions have been Revised vide No. 36/18/2002-WM(5), Dated 09.08.2006.

No. 36/18/2002-WM(5) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State.

Dated, Chandigarh, the 16th March, 2005

Subject : Computerisation of Accounts of Long Term Advances like House Building Advance, Motor Car Advance, Scooter Advance, Marriage Advances and Computer Advance etc.

Sir, I am directed to refer to Finance Department letter No. 36/18/2002-WM(5) dated 20-9-2002 and No. 36/18/2002-WM(5) dated 9-11-2004, on the subject noted above vide which all Heads of Departments were requested to ensure that GPF A/C Nos. are invariably recorded in all sanctions (House Building Advance, Motor Car Advance, Computer Advance, Marriage Advance) debit vouchers, recovery schedules and correspondence relating to Loans and Advances of Government employees. Accountant General Office has pointed out that all the Drawing and Disbursing Officers are not furnishing the required detailed information. As a result the Accountant General office is facing difficulty while doing credit/debit posting of various loans. It is, therefore, again requested that all the Drawing and Disbursing Officers working under their control be directed to ensure for strict compliance of above instructions. Yours faithfully, Sd/- (V.P. Goel) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 36/18/2002-WM(5) Dated, Chandigarh, the 16th March, 2005 A copy is forwarded to the Accountant General (A&E), Haryana, Chandigarh w.r.t. his D.O. letter No. TM(T)/Comp. of Loans/1034 dated 29.9.04 for information. Sd/- (V.P. Goel) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to all the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Govt. Haryana for information and necessary action. Sd/- (V.P. Goel) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries/

Administrative Secretaries to Govt., Haryana. U.O. No. 36/18/2002-WM(5) Dated, Chandigarh, the 16th March, 2005 No. 36/18/2002-WM(5) Dated, Chandigarh, the 16th March, 2005 A copy each is forwarded to the following for information and necessary action :-

Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New

Delhi. Secretary, Haryana Vidhan Sabha. Sd/- (V.P. Goel) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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No. 4/4(18)2004-2FR

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Heads of Departments, Divisional Commissioners, Deputy Commissioners and SDOs (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 5th April, 2005

Subject : Appraisal report regarding deficiencies noticed in the inputs received from the departments for the purpose of maintaining G.P.F. accounts of the Subscribers in the office of Accountant General, Haryana.

Sir,

I am directed to invite a reference on the subject cited above and to say that Accountant General, Haryana (A&E) has intimated that as a result of appraisal of the various inputs received from the State Government Departments for the purpose of maintenance of the G.P.F. accounts of the subscribers various difficulties are being experienced because a number of deficiencies have been noticed which are mentioned in the ‗Annexure‘ to this letter. These deficiencies have not only lead to discrepancies in the accounts of the subscribers but also some time leads to the zero/minus balance in the accounts which is most deplorable and must be avoided. You are, therefore, requested that suitable measures be taken to ensure that the deficiencies are avoided in future and also to recover the excess amount withdrawn from the G.P.F. account alongwith penal interest. You may also issue suitable instructions to the Controlling Officers/DDOs working under your control to ensure that :-

(i) In future G.P.F. advances/part final withdrawals be sanctioned by the respective competent sanctioning authorities on the basis of original G.P.F. statement or duplicate statement issued by Accountant General, Haryana, with an attested copy thereof and not on the basis of attested statement or the statement downloaded from the software maintained in the office of Accountant General, strictly in accordance with the provisions of G.P.F. rules after satisfying themselves about the availability of correct balances in G.P.F. accounts of the respective subscribers subject to their eligibility and limitations prescribed under G.P.F. rules. After the sanction is issued the original statement or the duplicate statement, as the case may be, be returned to the official concerned if he requires the same and attested statement be kept in the record. DDOs should invariably send the copy of the sanctions to Accountant General, Haryana (A&E), Chandigarh as well as attach an attested copy of the same with the bills;

(ii) D.A. arrears may be drawn by the current DDOs of the subscriber/ employee after obtaining necessary due/drawn statement of such employee from the erstwhile DDOs on his transfer out of his jurisdiction or they should indicate the period to which the D.A. relates in the Schedule to be sent to the office of Accountant General, Haryana to avoid chances of overdrawal;

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(iii) G.P.F. Schedules of All India Service (AlS) subscribers he prepared separately and booked under the correct head of account i.e. ―8009-State Provident Fund-01-Civil-104-AIS PF‖;

(iv) The discrepancies in the Schedules be avoided and quarterly reconciliation of

credits and debits of the subscribers under their control is conducted with the books of Accountant General (A&E) Haryana. The sanctioning authorities should also send a consolidated list of advances/withdrawals sanctioned by them to the Head of their Department quarterly commencing from April of each financial year mentioning therein complete details of advances/withdrawals such as name of subscriber, G.P.F. account number, amount and purpose for verifying the actual debit of advances/withdrawals to the concerned G.P.F. account etc. of the subscriber. The Head of Department will consolidate the advances/ withdrawals sanctioned by the subordinate offices including advances, withdrawals sanctioned by them and the Administrative Department and the same shall be reconciled with the office of Accountant General, Haryana;

(v) The old records of the erstwhile Corporations/Boards/Undertakings may be

traced out from the custodians of such records.

2. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 4/4(18)2004-2FR Dated, Chandigarh, the 5th April, 2005 A copy (with ten spare copies) is forwarded to the Accountant General, (A&E) Haryana, Chandigarh with reference to his letters No. DAG(A)Sectt/04-05/115 dated 2.11.04, Fds.l/Seminar/04-05/880-901 dated 9.12.04, Funds.01/AS-9/04-05/944,945,946 dated 10-1-05, Funds-I/AS-9/04-05/1033 dated 7/8-2-05 and No. Fund.I/Seminar/04-05/1075 dated 23-2-05 for information and necessary action. 2. He is requested to do the needful as under :-

(i) Mention date of birth of the official in the G.P.F. Statement;

(ii) Supply a copy of G.P.F. Statement preferably in the month of May or earlier;

(iii) Try to reconcile the complete G.P.F. Accounts after every five year or earlier, as may be decided by him, and complete statement for those years may be supplied to officers/officials concerned through the DDOs/HODs concerned.

Sd/- (Vijay Singh Yadav) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to all the Financial Commissioner & Principal Secretaries & all the Administrative Secretaries to the Government of Haryana for information and necessary action. Sd/- (Surinder Mohan) Superintendent F.R., for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries & all the Administrative Secretaries to Government, Haryana. U.O. No. 4/4(18)2004-2FR Dated, Chandigarh, the 5th April, 2005 A copy is forwarded to the Principal Secretary/Additional Principal Secretary I & II/ OSD I & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information of Chief Minister/Deputy Chief Minister/Ministers, Haryana. Sd/- (Surinder Mohan) Superintendent F.R., for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary I & II/OSD I & II/

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Deputy Chief Minister/Ministers, Haryana.

U.O. No. 4/4(18)2004-2FR Dated, Chandigarh, the 5th April, 2005.

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ANNEXURE Deficiencies noticed in the inputs received from the State Government Departments in maintaining G.P.Fund Accounts of the Subscribers in the office of Accountant General, Haryana (A & E).

(i) Missing credits are occurring due to misclassification and other discrepancies of name and G.P.F. account number in the G.P.F. deduction Schedules sent by the DDOs;

(ii) In the absence of any authentic collateral evidence in the cases of employees

of closed State PSUs, the difficulty is being faced in adjustment of their missing credits;

(iii) In certain cases G.P.F. Advance(s)/Withdrawal(s) are sanctioned in excess of

the balances available in G.P.F. accounts of the Subscribers by the sanctioning authorities thereby resulting into overdrawal of G.P.F. amounts/ minus balances in the accounts of the Subscribers;

(iv) In certain cases DDOs either do not send the copies of GPF Advances/Non

Refundable advances sanctioned to the Subscribers or do not attach attested copies of the sanctions with the bills. As a result thereof the office of Accountant General, Haryana is not able to keep a strict watch on the actual drawal of advance(s) and the risk of overpayments from G.P.F. accounts always exists.

(v) In certain cases more than 2 credits of D.A. drawn by different DDOs under

whom the Subscriber happened to work for fraction of period are appearing in their accounts because the concerned DDOs while preparing Schedules either do not indicate the period to which D.A. relates or same period of D.A. is recorded in the different Schedules sent by different DDOs pertaining to the same Subscriber. Hence the chances of over drawal/double drawal of D.A. in such cases cannot be ruled out.

(vi) In large number of cases while preparing G.P.F. Schedules of Subscribers of

All India Services (AIS), their subscriptions are booked erroneously under the wrong head of account as a result of which the credits of the subscribers of AIS are not credited in their accounts. This leads to protracted correspondence with the DDOs.

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No. 46/1/2005-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Head of Departments in Haryana, Commissioner of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 7th April, 2005. Subject : Grant of interest free advance to Government employees for the purchase of

wheat during the year 2005-2006. Sir,

I am directed to inform you that the State Government has decided to grant an interest free advance of Rs. 5000/- (Rs. Five thousand only) to all Class-IV Govt., employees in the State who wish to buy wheat for their own consumption during the year 2005-2006. The advance will be recoverable in monthly instalments to be fixed by the Departments concerned so as to effect its full recovery before the close of the financial year 2005-2006 i.e. full loan should be recovered before 31.3.2006. 2. The advance will be admissible to permanent/temporary regular Class-IV employees only. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would, in the case of temporary employees, allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanees before the close of the financial year 2005-2006. 3. The following conditions should be observed in sanctioning this loan :-

(i) A certificate should be obtained from the loanee to the effect that he has utilized the loan for the purchase of wheat, within one month of the drawal of the advance.

(ii) The officer concerned, before sanctioning the advance, should satisfy himself that the incumbent will continue in service until full recovery of the total amount of advance is effected.

(iii) These orders will cease to operate after the 31st May, 2005.

(iv) The recovery of the first instalment of the advance should preferably be made from the pay for the month of May, 2005.

(v) The advance should not be granted to those Class-IV employees on deputation to other Govt./Corporations and Local Bodies etc.

(vi) The advance will not be admissible to work charged and daily wages employees

(vii) Where both husband and wife are employed, the wheat advance should be allowed to only one of them.

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4. It is requested that the schedule of recoveries should be attached with each pay bill in the proforma enclosed. It is also requested that the detailed accounts of the recoveries of the loan should be maintained by the Drawing and Disbursing Officers which should be reconciled with the office of the Accountant General, Haryana (A&E) every month. 5. The expenditure incurred on the grant of wheat loan may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by 30.6.2005 positively in the enclosed Performa. 6. The expenditure may be debited to the Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99) Advances for purchase of Food grains 50-advances (non-plan). The recoveries made may be credited to the corresponding receipt head i.e. "7610- Loans to Govt. Servants etc. 800- other Advances-(99)Advance for Purchase of Foodgrains-50-Advances(Receipt). Yours faithfully, Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 46/1/2005-WM(6) Dated, Chandigarh, the 7th April, 2005. A copy is forwarded to the Accountant General, Haryana (Accounts and Audit), Haryana, Chandigarh for information and necessary action.

2. The expenditure will be debited against grant No. 25 under Major Head, "7610-Loans to Govt. Servants etc-800- other Advances-(99)-Advances for purchase of Food grains-50 Advances (Non Plan).

3. Detailed accounts of the recoveries will be maintained by the Drawing & Disbursing Officers. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 46/1/2005-WM(6) Dated, Chandigarh, the 7th April, 2005. A copy is forwarded to all Treasury Officers/Assistant Treasury Officers Haryana with the request that date given in the letter may please be strictly followed and no bill be passed after 31.5.2005. The payment made on the basis of the sanction issued by the Department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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Copies are forwarded to :-

The Financial Commissioner & Principal Secretaries to Govt. Haryana, Revenue, Department.

All the Financial Commissioner & Principal Secretaries/Administration Secretaries to Govt. Haryana;

for information and necessary action. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Financial Commissioner & Principal Secretaries to

Govt., Haryana, Revenue, Department.

All the Financial Commissioner & Principal Secretaries/ Administration Secretaries to Govt., Haryana.

. U.O. No. 46/1/2005-WM(6) Dated, Chandigarh, the 7th April, 2005. A copy each is forwarded to the Principal Secretary/Additional Principal Secretary/ Officer on Special Duty /Media Advisor/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information of Chief Minister/Deputy Chief Minister/Ministers. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary/

Officer on Special Duty/Media Advisor/Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/ Deputy Chief Minister/Ministers.

U.O. No. 46/1/2005-WM(6) Dated, Chandigarh, the 7th April, 2005. No. 46/1/2005-WM(6) Dated, Chandigarh, the 7th April, 2005. Copy of MD‘s of all Boards/Corporations etc. in the Haryana. Sd/- (S.R.Maurya) Deputy Secretary Finance(B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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PROFORMA

Name of Department

Name of Office Drawing and Disbursing Officer

Amt. of wheat adv. to employees

1 2 3 4

SCHEDULE OF RECOVERIES

S. No.

Name & Designation

of employees

Total amount

of advance

Recoveries upto last month

Amount of advance

recovered in this bill

Total amount

recovered upto date

Balance Remarks

1 2 3 4 5 6 7 8

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No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, All Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 25th April, 2005 Subject : Disbursement of Pay and Allowances/Pension for the month of April, 2005.

Sir, I am directed to say that in view of the Gazetted holidays falling on the 30th April and 1st May, 2005, on account of Saturday, Sunday and Haryana day respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the April, 2005 for all Gazetted/Non-Gazetted Haryana Govt. employees and pension for the month of April, 2005 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 29th April, 2005.

Yours faithfully, Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/1/2/90-4FR Dated, Chandigarh, the 25th April, 2005.

A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 25th April, 2005.

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A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State in Haryana/Chandigarh/Delhi for information and necessary action. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioner & Principal Secy. to Govt., Haryana. All Administrative Secretaries to Govt., Haryana for information. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioner & Principal Secy. to Govt., Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 25th April, 2005. A copy is forwarded to the Principal Secretary/Addl. Principal Secretary I&II/O.S.D.-I&II/Senior Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information of the Chief Minister/Ministers/Ministers of Haryana. Sd/- (V.S.YADAV) Deputy Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Addl. Principal Secretary I & II/

O.S.D.-I & II/Senior Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers of Haryana.

U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 25th April, 2005.

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GOVERNMENT HARYANA FINANCE DEPARTMENT

Office Memorandum

No. 9/1/2004/3- Pension Dated, Chandigarh, the 27th April, 2005 Subject : Revision of ceiling of Pension/Family Pension w.e.f. 1.4.2004. Sir, The undersigned is directed to say that a number of communications have been received from various Departments/Pensioners seeking clarification regarding revision of ceiling of pension/family pension in terms of this Department‘s O.M. No. 9/1/2004/Pension-Ill dated 27.7.04. The points raised are clarified below :-

Sr. No.

Point raised Clarification

1. Whether minimum pension of Rs. 1275/- has been enhanced to Rs. 1913/- ? Should this amount be mentioned in PPO?

No. Minimum basic pension continues to be Rs. 1275/-. However, those who retired on/ after 1.4.2004 would be entitled to minimum pension/ family pension of Rs. 1275/- plus Dearness Pension amounting to Rs. 638/- which comes to Rs. 1913/-. Since there is no change in the limit of minimum pension there is no need to revise the limit of minimum pension in the PPOs.

2. Whether re-employed/ absorbees/ persons employed on compassionate ground are eligible for Dearness Pension?

No. Since they are not eligible for Dearness Relief, the question of conversion of 50% DR into Dearness Pension does not arise.

3. Whether after retirement, dearness relief will be admissible on Service Pension as well as Family Pension in cases of employees employed on compassionate ground?

It is already clear from F.D. instructions dated 31.1.2001, Para 3(a) that ―if a recipient of family pension is also on receipt of service pension in respect of past Government service, the dearness relief shall be determined on the total amount of the two pensions as provided in the instructions issued by the F.D. vide No. 1/3(5)-78- 2FR-II dated 20.3.80.

Copy of this order is also available on the website which can be down loaded from the site, www.haryana.nic.in. Yours faithfully, Sd/- Deputy Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. All the Heads of Departments, All Divisional Commissioners, All Deputy Commissioners and S.D.Os.(Civil) in Haryana.

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The Registrar, Punjab & Haryana High Court, Chandigarh. No. 9/1/2004/3-Pension Dated, Chandigarh, the 27th April, 2005 A copy is forwarded for information and necessary action to the :-

Accountant General (A&E), Haryana, Chandigarh (with 1000 spare copies) with reference to their letter No. Pen-I/G-26/04-05/1711 dated 27.9.2004.

All Accountant Generals in India (with 10 spare copies) with reference to comptroller & Auditor General of India‘s letter No. 21-TA 11/1984/ No. 320-TA/11-3 dated nil.

Chief Accountant, Reserve Bank of India, Central Office, Department of Government and Bank Accounts, Post box No. 8143, Mumbai-400051 (with 10 spare copies).

General Manager (Operations), Post Box No. 398, 11 Parliament Street, State Bank of India, New Delhi (with 10 spare copies).

General Manager (Operations Sector 17 B, Post Box No. 139, State Bank of India, Chandigarh-160017 (with 10 spare copies).

Chief Manager (Dev. P&S.B.) State Bank of Patiala, Head Office, Patiala (with 10 spare copies)

Chief Manager(OPR) Central bank of India, Zonal office, SCO 58-59, Bank Square, Sector 17 Chandigarh (with 10 spare copies)

The Commissioner & Secretary to Government, Punjab, Department of Finance (Finance Regulations), Chandigarh.

The Commissioner & Secretary to Govt. Himachal Pradesh Department of Finance, Shimla.

The Finance Secretary, Chandigarh Administration, Chandigarh.

Member Secretary, Haryana Bureau of Public Enterprises, Chandigarh.

Principal, Accounts Training Institute, Haryana, Panchkula.

All Treasury Officers/Assistant Treasury Officers in Haryana.

The Treasury Officer, Tees Hazari Court, Haryana, Delhi.

The Treasury Officer, Haryana, Chandigarh.

Sd/- Deputy Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioner & Principal Secretaries to Government, Haryana. All Administrative Secretaries to Government, Haryana for Information.

Sd/- Deputy Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Commissioner & Principal Secretaries to Govt., Haryana. All Administrative Secretaries to Government, Haryana. U.O. No. 9/1/2004/3-Pension Dated, Chandigarh, the 27th April, 2005

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A copy is forwarded to the Principal Secretary/Deputy Principal Secretary/OSD I & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Minister/Chief Parliamentary Secretary for the information of Chief Minister/State Ministers and Chief Parliamentary Secretary, Haryana. Sd/- Deputy Secretary Finance (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary/OSD I & II/

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Ministers/State Minister/Chief Parliamentary Secretary.

U.O. No. 9/1/2004/3-Pension Dated, Chandigarh the 27th April, 2005

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688

These instructions have become obsolete.

MOST IMMEDIATE No. 20/1/2002-6B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments. in Haryana State. Dated, Chandigarh, the 28th April, 2005 Subject : Reconciliation of departmental figures of expenditure & receipts with those of

Accountant General, Haryana at the end of February, 2004. Sir, I am directed to invite your attention towards the Finance Department letter No. 20/1/2001-6B&C dated 22-2-2004, on the subject noted above vide which you were requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to Finance Department. The Accountant General (A&E), Haryana has again brought to the notice of Finance Department that some of the Departments (List enclosed) have yet not initiated the reconciliation work under 7 major heads. Reconciliation of Receipt & Expenditure figures with those of A.G. (A&E) office is extremely essential for the error free maintenance and efficient management of state finance. It is, therefore, again requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to the Finance Department (in B&C. Br). This may please be treated as most urgent. Yours faithfully, Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 20/1/2002-6B&C Dated 28-4-2005 A copy is forwarded to the Sr. Dy. Accountant General (A/E), Haryana w.r.t his letter No. Appn.A/cs/ROE/2004-05/1, dated 5/04/2005 for information. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to the Superintendent, Ways & Means Br for information and necessary action. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Superintendent, Ways & Means Br. No. 20/1/2002-6B&C Dated 28-4-2005 Departments which have not reconciled their Receipts and Expenditure figures under the following Heads of Accounts from 4/2004 onwards.

Sr. No.

Major Head Controlling Officer

1. 1601-Grant in aid from central Government.

All Heads of Departments

2. 2416-Agricultural Financial Government. There is no budget under this head which is to be reconciled.

3. 4425-Co-operation. Registrar Co-operative Societies.

4. 0021-Taxes on income other than Corp Tax.

Finance Department, Haryana

5. 2049-Interest Payment. Accountant General (A&E), Haryana TDH. III Section.

6. 0049-Interest Payment. All Heads of Departments

7. 0050-Dividends and Profits. All Heads of Departments

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690

HARYANA GOVERNMENT FINANCE DEPARTMENT

Notification

The 29th April, 2005

No. 14/27/2005-4FA.—In exercise of the powers conferred by section 5 of the Lotteries (Regulation) Act, 1998 (17 of 1998), the Governor of Haryana hereby prohibits the sale of tickets of a lottery organized, conducted or promoted by any State with effect from 1st May, 2005, within the State of Haryana. Sd/- BHASKAR CHATTERJEE Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 14/27/2005-4FA Dated : 29-4-2005 A copy along with one extra (Hindi & English both) is forwarded to the Controller, Printing and Stationery Department Haryana, Chandigarh with the request that the above notification may please be published in the EXTRA ORDINARY gazette of Haryana Government. It is also requested that three hundred copies of the notification may please be published. Sd/- Superintendent Finance Accounts, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 14/27/2005-4FA Dated : 29-4-2005 A copy is forwarded to the Accountant General (A&E/Audit) Haryana, Chandigarh for information. Sd/- Superintendent Finance Accounts, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 14/27/2005-4FA Dated : 29-4-2005

A copy is forwarded to the following for information and necessary action :-

Director, Lotteries Department Haryana, Chandigarh. All Heads of Department Haryana. All Commissioners of Divisions in Haryana. All Managing Directors/Chairmen/Boards & Corporations in Haryana. Secretary, Haryana Public Service Commission, Chandigarh. All Deputy Commissioners and Superintendent of Police in Haryana. Sd/- Superintendent Finance Accounts, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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691

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

Office Memorandum No. 4/31/03/3-Pension Dated, Chandigarh, the 29th April, 2005 Subject : Regarding Notifications/Rule Amendments/ Instructions Concerning to

Haryana Government employees. I am directed to invite your attention on the subject noted above and to say that question of providing the information with regard to important Govt. Notifications/Orders on the website has been engaging attention of State Government for some time past. Accordingly the Notifications/Orders have been made available on the Haryana website i.e. www.haryana.nic.in at the site ―Haryana Government Notifications & Orders‖ If the Notifications/Orders relating to pension are required, the same can be viewed by writing ―Pension‖ against the search column on the above site.

Yours faithfully,

Sd/- Deputy Secretary Finance (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

All the Heads of Departments, All Divisional Commissioners, All Deputy Commissioners and S.D.Os (Civil) in Haryana. The Registrar, Punjab & Haryana High Court, Chandigarh. No. 4/31/03/3-Pension Dated, Chandigarh, the 29 April, 2005 A copy is forwarded for information and necessary action to the :- Accountant General (A&E), Haryana, Chandigarh (with 1000 spare copies) with

reference to their letter No. Pen-I/G-26/04-05/1711 dated 27.9.2004. All Accountant Generals in India (with 10 spare copies) with reference to

comptroller & Auditor General of India‘s letter No. 21-TA 11/1984/No. 320-TA/11-3-83 dated nil.

Chief Accountant, Reserve Bank of India, Central Office, Department of Government and Bank Accounts, Post box No. 8143, Mumbai-400051 (with 10 spare copies).

General Manager (Operations), Post Box No. 398, 11 Parliament Street, State Bank of India, New Delhi (with 10 spare copies).

General Manager (Operations Sector 17 B, Post Box No. 139, State Bank of India, Chandigarh-160017 (with 10 spare copies).

Chief Manager (Dev. P&S.B.) State Bank of Patiala, Head Office, Patiala (with 10 spare copies)

Chief Manager(OPR) Central bank of India, Zonal office, SCO 58-59, Bank Square, Sector 17 Chandigarh (with 10 spare copies)

The Commissioner & Secretary to Government, Punjab, Department of Finance (Finance Regulations), Chandigarh.

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The Commissioner & Secretary to Govt. Himachal Pradesh Department of Finance, Shimla.

The Finance Secretary, Chandigarh Administration, Chandigarh. Member Secretary, Haryana Bureau of Public Enterprises, Chandigarh. Principal, Accounts Training Institute, Haryana, Panchkula. All Treasury Officers/Assistant Treasury Officers in Haryana. The Treasury Officer, Tees Hazari Court, Haryana, Delhi. The Treasury Officer, Haryana, Chandigarh.

Sd/- Deputy Secretary Finance (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to :- All Financial Commissioner & Principal Secretaries to Government, Haryana. All Administrative Secretaries to Government, Haryana for Information.

Sd/- Deputy Secretary Finance (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Commissioner & Principal Secretaries to Govt., Haryana. All Administrative Secretaries to Government, Haryana. U.O. No. 4/31/03/3-Pension Dated, Chandigarh, the 29th April, 2005 A copy is forwarded to the Principal Secretary/Deputy Principal Secretary/OSD I & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Minister/Chief Parliamentary Secretary for the information of Chief Minister/State Ministers and Chief Parliamentary Secretary, Haryana.

Sd/- Deputy Secretary Finance (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To The Principal Secretary/Deputy Principal Secretary/

OSD I & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Minister/Chief Parliamentary Secretary.

U.O. No. 4/31/03/3-Pension Dated, Chandigarh, the 29th April, 2005

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693

No. 4/2/98-1FR/1400

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

Chandigarh, the 3rd May, 2005 To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab & Haryana High Court, Chandigarh. Subject : Payment of Dearness Allowance – Revised Rates effective from 01-01-2005. Sir, I am directed to refer to this Department circular letter No. 4/2/98-1FR-/3243 dated 4th November, 2004 regarding the subject noted above and to say that the Governor of Haryana is pleased to decide that the Dearness Allowance payable to Haryana Government employees shall be enhanced from the existing rates of 14% to 17% of the pay w.e.f. 1st January, 2005. 2. The other provisions regarding payment of dearness allowance contained in PD letter No 4/2/98-1FR-II/623, dated 30-4-1999 and for those employees who opted to retain pre-revised scales in their case provisions contained in Para 2 of letter No. 4/2/98-1FR/654, dated 23rd June, 2000 shall continue to be applicable while regulating Dearness Allowance under these orders. However, with effect from 01-04-2004, Dearness Allowance will be computed on the basis of Basic Pay, Dearness Pay and NPA. 3. The arrears on account of enhancement in Dearness Allowance from 1st January, 2005 to 30th April, 2005 in respect of all Government employees shall be credited to their General Provident Fund Account. However, it will be paid in cash from 1st May, 2005 i.e. for the month of May, 2005 paid in June, 2005. 4. Copy of this order is also available on website which can be downloaded from the Site ―www.haryana.nic.in‖ Yours faithfully, Sd/- (Ram Dhari) Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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694

These instructions have been revised vide No. 2/2/07-WM(6), Dated 14.05.2007.

No. 2/2/04-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 6th May, 2005 Subject : Grant of Advance for the purchase of Motor Car to Haryana Government

employees. Sir, I am directed to refer to Finance Departments circular letter No. 2/2/04-WM(3) dated the 25th June, 2004 on the above subject and to say that the State Government has reviewed the policy regarding grant of loan for the purchase of Motor Car to the State Government employees and taking the hike in prices of Motor vehicles into consideration, it has been decided to revise the admissibility condition and admissibility limit for motor car advance, with immediate effect, as under :-

Sr. No.

Category No Admissibility Conditions

Admissibility Limit of Advance and Instalments of Recovery

1. Advance for the purchase of Motor Car

Government employees drawing Basic Pay of Rs. 12000/- including DP/ NPA/Spl. Pay & above

Rs. 2.50 lakh, or the actual price of vehicle whichever is less, recoverable in 100 monthly instalments.

2. The cases in which the amount of advance has already been earmarked/drawn shall not be reopened for earmarking of funds as a result of this revision. 3 All other terms and conditions for the Motor Car Advance, as laid down by the Finance Department from time to lime, shall be applicable mutatis and mutandis. 4. It has been observed that the loan cases are not being examined properly by Administrative Departments in accordance with the instructions issued by the Finance Department from time to time. You are, therefore, requested to direct the concerned

695

officers/officials working under your control to scrutinize the applications in accordance with the instructions and ensure, before sending to the Finance Department that the applications are complete in all respects. Incomplete cases received in the Finance Department will not be entertained. 5. These instructions may be brought to the notice of all officers/officials working under your control. 6. Kindly acknowledge receipt. Copy of this Instruction is also available on the website which can be down loaded from the site, www.haryana.nic.in. Sd/- (S.R. Maurya), Deputy Secretary Finance (B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/2/04-WM(3) Dated, Chandigarh, the 6th May, 2005 A copy is forwarded to the Accountant General (A&E & Audit), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Financial Commissioners and Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 6th May, 2005 No. 2/2/04-WM(3) Dated, Chandigarh, the 6th May, 2005 A copy each is forwarded, for information and necessary action to :- The Secretary to Governor, Haryana. The State Election Commissioner, Haryana. The Hon‘ble Speaker, Haryana Vidhan Sabha. The Managing Directors of Various Boards/Corporations in Haryana.

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The Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi.

The Vice Chancellors of Universities and Directors of Medical Colleges in Haryana State.

Sd/- (S.R. Maurya) Deputy Secretary Finance (B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy each is forwarded to the Principal Secretary/Additional Principal Secretary I & II/Officers on Special Duty I & ll /Media Advisor/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information to Chief Minister/Deputy Chief Minister/ Ministers, Haryana. Sd/- (S.R. Maurya) Deputy Secretary Finance (B),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary I & II/

Officers on Special Duty I & ll/Media Advisor/Senior Secretaries/ Secretaries/Private Secretaries to Chief Minister/Dy. Chief Minister/ Ministers.

U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 6th May, 2005

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697

These instructions have been Revised vide No. 38/110/99-WM(5), Dated 26.09.2008.

No. 38/110/99-WM(5) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 6th May, 2005 Subject : Grant of Loans to Government servants for the celebration of marriage. Sir, I am directed to address you on the subject noted above and to say that in supersession of the Finance Departments circular letter No. 38/110/93-WM(5) dated the 2nd May, 2002 and all other instructions issued in this regard from time to time, the policy regarding grant of loan to Government servants for the celebration of marriage of their Sons/ Daughters or legally adopted children and dependent sisters has been reviewed and it has been decided to revise the policy, with immediate effect, as under :-

(i) The advance is limited to Rs. 1,00,000/- or 15 months‘ basic pay (including D.P./SpI. Pay and N.P.A.) of the employee whichever is less in case of daughter/sisters marriage and Rs. 60,000/- or 10 months‘ basic pay (including D.P./Spl. Pay and N.P.A.) of the employee whichever is less for the marriage of son.

(ii) The advance will be recovered in 100 monthly instalments and recovery will

commence with effect from the 1st issue of pay after the advance is drawn. (iii) The Marriage Advance will be admissible to employees for such

daughters/sisters who have attained the age of 18 years and sons after attaining the age of 21 years.

(iv) For the proof of the age of the children/sister, one of the following documents

only will be accepted for the purpose and may invariably be submitted alongwith the Application Form :

(a) Attested copy of certificate issued by University/Board or School

Leaving Certificate (in ease of certificate from a private school, the certificate should be countersigned by BEO/SDEO/DEO concerned).

698

(b) Birth Certificate from Registrar Birth and Deaths. (c) Age certificate issued by the Civil Surgeon on the basis of physical

appearance,

(v) The marriage advance will be admissible to regular Class-II, Ill and IV State Government employees.

(vi) The number of advances to a Government servant during the whole service

will be restricted to two only. (vii) The second marriage advance will be granted subject to the condition that

the balance of the first advance and the advance sanctioned for the second child‘s marriage does not exceed the maximum admissible amount of advance under each category separately.

(viii) The advance shall be granted to temporary regular Government employee on

furnishing surety of only one permanent employee on a non-judicial stamp paper of the value of Rs. 15/- instead of two permanent employees.

(ix) The marriage advance applications will be entertained in the Finance

Department two months before the date of marriage. (x) No ex-post-facto sanction will be given by the Finance Department in any

case. (xi) In the case of dependent sister‘s marriage loan the employee will furnish an

affidavit on a non-judicial paper of the value of Rs. 3/- to the effect:- “That my parents are not alive. I am the eldest living son and the sister, loan

for whose marriage is being obtained, is wholly dependent upon me.”

OR “That I am the eldest son of my family and the sister for whose marriage loan

is being obtained is wholly and solely dependent upon me and financial condition of the parents is such that they cannot perform marriage by themselves.”

2. These instructions will come into force with effect from the issuance of this letter and no benefit will be given to those employees to whom the marriage advance has already been earmarked by the Finance Department. 3. The Application Form, Agreement Form, Surety Bond Form, Annexure-IV Form (Death-cum-Gratuity Form) and the Affidavit Form for dependent sister is enclosed. 4. It has been observed that the loan cases are not being examined properly by the departments in accordance with instructions of the Finance Department. It is requested that all the concerned officer/official working under your control may be directed to scrutinize the applications in accordance with instructions and ensure that the applications complete in all respect are sent to the Finance Department, two months before the date of marriage, Incomplete cases received in Finance Department will not be entertained.

699

The above instructions may please be brought to the notice of all officers/officials working under your control. Kindly acknowledge receipt. Copy of this Letter is available on the website which can be down loaded from the site, www.haryana.nic.in. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 38/110/99-WM(5) Dated, Chandigarh, the 6th May, 2005

A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners and Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 38/110/99-WM(5) Dated, Chandigarh, the 6th May, 2005 No. 38/110/99-WM(5) Dated, Chandigarh, the 6th May, 2005 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New

Delhi. Hon‘ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana

State. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

700

A copy each is forwarded to the Principal Secretary/Additional Principal Secretary I & II/Officers on Special Duty I & ll/Media Advisor/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information to Chief Minister/Deputy Chief Minister/Ministers, Haryana. Sd/- (S.R. Maurya) Deputy Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary I & II/

Officers on Special Duty I & ll/Media Advisor/Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers.

U.O. No. 38/110/99-WM(5) Dated, Chandigarh, the 6th May, 2005 Contd… Encl.

701

Application Form for Marriage Advance

1. Name (in Block Letters) : ___________________

2. Father‘s/Husband‘s Name : ___________________

3. Name of the Parent Department & Designation : ___________________

4. Name of the Department where working : ___________________

5. Emoluments on which the loan is admissible:

Salary Head: __________

(G.P.F. Account No.___________

Basic Pay : ________

D. Pay : ________

Spl. Pay : ________

Total Pay : ________

6. Whether permanent or Temporary (If temporary, surety of one permanent Govt. employee on the Non Judicial stamp paper of Rs. 15/- be attached.)

7. Purpose of Advance : ___________________

8. Amount of advance required : ___________________

9. Date of Joining in Haryana Govt., Service : ___________________

10. Date of Birth : ___________________

11. Date of Superannuation : ___________________

12. Date of Birth of Son/Daughter/Sister : ___________________

13. Exact date of marriage : ___________________

14. Whether advance for the same purpose was obtained previously; if so;

Date Amount

(i) Date of drawal of the first advance: _______ Rs.________

(ii) Date of drawal of the second advance _______ Rs.________

(iii) The amount of advance 1st / 2nd or interest thereon still outstanding if any,

______________

(iv) Name & Date of Birth of the Child/ Sister for whom previous Marriage Advance was drawn.

Name________________ Date of Birth,_________

15. Whether Husband/wife, is in Govt. service:

Dated_____________ Signature of the Applicant _________________

Designation ____________________________

Department ____________________________

702

Certified that my wife/husband is/is not a Haryana Government employee and he/she has not applied/obtained Marriage Advance for the same purpose. Dated :____________ Signature of the Applicant with Designation.

CERTIFICATE FROM THE DEPARTMENT It is certified that the advance of Rs.____________________________(Rupees __________________________________) applied for is admissible according to the instructions and the information given by the applicant is correct. 1. It has been verified that the Daughter/Sons/Sister of the employee is really dependent upon him and she/he had not drawn marriage advance earlier for the same. Signature of Drawing & Disbursing Officer

703

Form of agreement to be executed while applying for an Advance for the celebration of the Marriage in the Family of a Government Servant.

An agreement made this __________ day of _______Two thousand _________ between Shri ____________ s/o Shri____________ (hereinbefore called the borrower, which expression shall include his heir administrators executors and legal representatives) of the one part and the Governor of Haryana of the other part.

Whereas the Borrower is not an adhoc employee

Whereas the Borrower has under the instructions for the grant of advance to Haryana Govt. Servants of Haryana Govt. issued vide Finance Department no. 1759-WM(1)9184 dated 12th March, 1974 (hereinafter referred to as the said rules which expression shall include any amendment thereof/ addition thereto for the time being in force) applied to the Governor of Haryana (hereinafter called the Govt.) for an advance of Rs. _________________ (Rupees _________________________) for the celebration of the marriage of his ________ on the terms and conditions hereinafter contained and where as the application of the borrower for the said advance is being considered by the Government.

Now it is hereby agreed between the parties thereto that in consideration of the sum of Rs. ______________ to be paid by the Govt. to the borrower, if as and when the said advance is sanctioned the borrower hereby agrees :-

1. to pay the Govt. the, said advance with interest calculated according to the rules and by monthly deductions from his salary as provided, hereby authorises the Government to make such deductions

2. to expend, within one month from the date of drawl of the advance, the full amount of the said advance, in the celebration of the aforesaid marriage or if the actual expenditure incurred on account of the marriage is less than the advance to repay the difference to the Govt. forthwith.

3. in the event of borrowers reversion from Govt. service before the advance drawn together with interest is fully repaid to repay in one lump sum the amount outstanding and the interest due before borrower is actually relieved from the Govt. Service.

4. to refund forthwith the amount of advance together with interest in one lump sum if the aforesaid marriage could not be celebrated of the amount of the advance could not be utilised for the purpose for which it was sanctioned.

5. if the borrower within the period already fixed for recovery of the principal and interest thereon becomes insolvent or quits the service of the Govt. or dies, the whole amount of the advance and interest accrued thereon shall immediate become due and payable.

It is hereby also agreed and declared that if the borrower dies before the advance is repaid to have the balance outstanding together with interest due, recovered from the death-cum-retirement gratuity payable by the Govt. to the legal heirs of the borrower.

In witness where of borrower and for and On behalf of the Government of Haryana have here-unto get their hands on the date aforementioned.

Signed by the said in the presence of (Signature and Designation of the borrower)

(Signature of the witness)

Signed by (Name & Designation) ________________________

for and on behalf of the Governor of Haryana in the presence of

(Signature and Designation of the Officer)

704

SURETY BOND

FOR GRANT OF MARRIAGE ADVANCE TO TEMPORARY GOVERNMENT SERVANTS This deed is made on the ______ day of _________, Two thousand and between Shri. _________________ working as _______________in the department ____________ (hereinafter referred to as the surety) of the one part and the Governor of Haryana (hereinafter referred to as the Government) of the other part. Whereas the loan of Rs. _________ (Rupees ________________) has been granted to Shri _______________ working as _________________ in the department_____________ ________ (hereinafter referred to as borrower) on the terms and conditions laid down in the agreement dated _____________ subject to the borrower furnishing a permanent Government Servant as surety to guarantee the due performance and observation by him of the conditions of the agreement dated _______________ And whereas the borrower is not an adhoc employee And Whereas Shri ______________________ has in fulfillment of the conditions of the Marriage advance agreed to stand as surety for the Borrower on the terms and conditions hereinafter appearing. Now this deed witnesses and the parties hereto agree as follows:-

1. In pursuance of the said agreement and in consideration of a sum of Rs. ______ advance by the Government to the Borrower as loan, the surety hereby agrees that the borrower shall duly, faithfully, and punctually perform all the conditions set out in the agreement dated ____________ and to be performed and observed by him and that in the event of the failure of the borrower to perform any of the said conditions and of the borrower dying or ceasing to be in service for any cause that what so ever, before the amount due to the Government from the borrower is fully paid off, the surety shall immediately pay the entire amount due to the Government on account of the principle and interest under the said agreement.

2. For the consideration aforesaid and in further pursuance of the agreement it

is hereby agreed that the Government granting time or any other indulgence to the borrower shall not affect the liability of surety.

3. The Government shall be entitled to deduct from the pay, Traveling

Allowance or any other sum which may be or become payable by the Government to the surety amount due to it from the surety under this deed.

In Witness where of the parties have signed, this deed on the dates respectively mentioned against their signature in the year of the Republic of India. Signature of Surety

Full Name __________________

Designation _________________

Department _________________

705

Witness :

Signature __________________

Address ___________________

Date ______________________

Witness :

Signature ___________________

Address ____________________

Date _______________________

Signed by___________________

for and on behalf of the Governor of Haryana.

706

Annexure – IV I, __________________________ do hereby authorize the Accountant General, Haryana to recover from the Death-cum-retirement gratuity, the amount which would become due to me on the date of superannuation/retirement the balance of outstanding marriage advance, with interest in terms of the penultimate paragraph of the agreement dated the _____________ Dated : Signature_________________ Designation _______________ Certified that I hereby cancel the nomination made by me in respect of Death-cum-retirement gratuity payable to me at the time of retirement Signature_________________ Designation _______________

707

AFFIDAVIT I, ___________________________S/o ___________________________resident of ______________________________ presently working in the office of ________________ __________ as _____________ do hereby solemnly affirm and declare as under :— 1. That my sister Km. _________________ D/o ________________ wholly & solely is

dependent upon me. 2. That my sister date of birth is_________________ 3. That the marriage of my sister has been fixed on_____________ 4. That I am the eldest son of my family and the sister for whose marriage loan is being

obtained is wholly and solely dependent upon me and financial condition of my parents is not sound to perform marriage themselves.

Place : DEPONENT Dated : Verification It is verified that above statement of mine is true and correct to the best of my knowledge and belief and nothing has been concealed therein. Place : DEPONENT Dated :

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708

These instructions have been revised vide No. 5/7/2005-1B&C, dated 20.07.2005 &

dated 30.10.2007.

IMPORTANT Subject : Sanction of expenditure by the Administrative Departments. Will all the Financial Commissioners & Principal Secretaries/Administrative Secretaries to Govt. Haryana kindly refer to the subject noted above. 2. In order to improve efficiency and speedy disposal of works of the departments, it has been decided by the Finance Department to allow the Administrative Departments to sanction the following type of expenditure at their own level without referring the same to the Finance Department. However, due permission/approval of the appropriate authority in the Administrative Department may be obtained before incurring such expenditure :-

1. All replacement of vehicles subject to the following conditions :-

(i) If the vehicles which are to be replaced have been condemned by the Condemnation Board.

(ii) Condemned vehicle to be auctioned within two months of purchase of new vehicle. New vehicles shall be purchased through approved agency and as per rules.

(iii) There is adequate budget provision for the same in the budget estimates of the department.

(iv) Approval of the Hon'ble CM has been obtained by AD.

(v) Reduction of fleet as per the policy of the Government.

2. In those cases where the awards, compensation or any payment as ordered by Hon'ble Punjab & Haryana High Court & Hon'ble Supreme Court are to be implemented subject to the condition that :-

(i) Opinion of LR has been obtained according to which it is not a fit case for filing an appeal.

(ii) There is adequate provision for the same in the budget estimates of the department.

(iii) Due responsibility is fixed by the department for any lapse.

3. In case of repair/maintenance of equipments, furniture, building and vehicle :-

(i) Where the expenditure involved does not exceed Rs. 1.00 lacs.

(ii) And there is adequate budget provision for the same in the budget estimates.

4. Approval of tours beyond ten days:-

All those cases where approval of Finance Department is required beyond 10 days the same should be disposed off at the level of the concerned Minister.

709

5. Travel by airlines other than Indian Airlines

If it is at par/cheaper, in special circumstances, subject to the satisfaction of the Administrative Department to the entitled officer.

6. All cases of medical advance should be decided by the Administration Department at its own level subject to the following conditions :-

(i) There is adequate budget provision.

(ii) The advance will not exceed 75% of the estimated cost of treatment.

(iii) The verification/recommendation of the Health Department should be obtained.

(iv) The treatment will be undertaken in the Government approved hospitals as per the list finalized by the Health Department. However, the case where relaxation in existing rules is involved such as treatment from any hospital outside the approved list, the same will be sent to the Finance Department as before.

7. Hiring of private houses where Govt. accommodation is not available

Renewal of such cases need not be referred to FD if the enhanced rent is as per Govt. instructions.

3. It is requested that these instructions may be brought to the notice of all concerned for compliance. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

All the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Govt., Haryana.

U.O. No. 5/7/2005-1B&C Dated 9th May, 2005 No. 5/7/2005-1B&C Dated 9th May, 2005 A copy is forwarded to all Heads of Departments for information and necessary action. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 5/7/2005-1B&C Dated 9.5.2005 A copy is forwarded to Accountant General (A&E, Audit) Haryana for information. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

710

A copy is forwarded to all Officers/Deputy/Under Secretaries/Superintendents of the Finance Department (Expenditure Control Branch) for information and necessary action. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Officers/Deputy/Under Secretaries/Superintendents

of the Finance Department (Expenditure Control Branch). U.O. No. No. 5/7/2005-1B&C Dated 9.5.2005.

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711

IMPORTANT

Subject : Incurring of expenditure under plan Budget.

Will all the Financial Commissioners & Principal Secretaries/Administrative Secretaries to Govt. Haryana kindly refer to the subject noted above? 2. As per existing policy and practice of the State Govt. the Finance Department has been releasing/sanctioning funds in instalment for incurring expenditure under various plan schemes. In order to improve efficiency and to ensure speedy implementation of the plan schemes by the departments, the Finance Department has now decided to allow henceforth all the Administrative Departments of the State Govt. to sanction/incur expenditure under the approved plan schemes, subject to the following conditions :-

1. Scheme is approved in the Budget Estimates of the department. 2. No new post will be created under the scheme and no vacant post would be

filled up without prior approval of FD. 3. The expenditure of the year will be phased out in four quarters viz. 1st quarter

20%, 2 quarter 20%, 3 quarter 30%, 4 quarter 30%. 4. Instructions on economy measures issued by the Finance Department from

time to time will be strictly adhered to. 2. The expenditure on the following heads/items will be incurred only after the

clearance/approval of FD :-

(i) Purchases beyond the powers delegated to the AD/HOD from time to time.

(iii) Purchases under banned items.

(iv) New schemes other than sanctioned in the budget/change of schemes within the sanctioned budget.

(v) Central Plan Schemes/Centrally Sponsored Schemes or any scheme which to be partly/wholly funded by outside agency including Govt. of India/Financial Institutions etc.

It is requested that necessary follow up action may be taken in this regard.

Sd/- Deputy Secretary Finance (B) Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners/ Administrative Secretaries to Govt., Haryana. U.O. No. 5/6/2005-5B&C Dated 9th May, 2005

712

Endst. No. 5/6/2005-5B&C Dated 9.5.2005 A copy is forwarded to the Accountant General (A&E/Audit), Haryana, Chandigarh for information.

Sd/- Deputy Secretary Finance (B) Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 5/6/2005-5B&C Dated 9.5.2005 A copy is forwarded to all Heads of Departments for information.

Sd/- Deputy Secretary Finance (B) Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Officers/Under Secretaries/Supdts. of the expenditure control branches of the Finance Department with the instructions that while conveying sanctioned plan budget to the departments, the Administrative Department may be allowed to incur expenditure under plan schemes subject to the conditions mentioned above. These instructions may be brought to the notice of all concerned for strict compliance.

Sd/- Deputy Secretary Finance (B) Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Officers/Under Secretaries/Supdts. of the expenditure control branches of the F.D. U.O. No. 5/6/2005-5B&C Dated 9.5.2005

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713

These instructions have been revised vide No. 5/7/2005-1B&C, dated 30.10.2007.

IMPORTANT

Subject : Sanction of expenditure by the Administrative Departments.

Will all the Financial Commissioners & Principal Secretaries/Administrative Secretaries to Govt. Haryana kindly refer to the subject noted above.

2. In order to improve efficiency and speedy disposal of works of the departments, it has been decided by the Finance Department to allow the Administrative Departments to sanction the following type of expenditure at their own level without referring the same to the Finance Department. However, due permission/approval of the appropriate authority in the Administrative Department may be obtained before incurring such expenditure :-

1. All replacement of vehicles subject to the following conditions :

(i) If the vehicles which are to be replaced have been condemned by the Condemnation Board.

(ii) Condemned vehicle to be auctioned within two months of purchase of new vehicle. New vehicles shall be purchased through approved agency and as per rules.

(iii) There is adequate budget provision for the same in the budget estimates of the department.

(iv) Approval of the Hon'ble CM has been obtained by AD.

(v) Reduction of fleet as per the policy of the Government.

2. In those cases where the awards, compensation or any payment as ordered by Hon'ble Punjab & Haryana High Court & Hon'ble Supreme Court are to be implemented subject to the condition that :

(i) Opinion of LR has been obtained according to which it is not a fit case for filing an appeal.

(ii) There is adequate provision for the same in the budget estimates of the department.

(iii) Due responsibility is fixed by the department for any lapse.

3. In case of repair/maintenance of equipments, furniture, building and vehicle :

(i) Where the expenditure involved does not exceed Rs. 1.00 lacs.

(ii) And there is adequate budget provision for the same in the budget estimates.

4. Approval of tours beyond ten days :

All those cases where approval of Finance Department is required beyond 10 days the same should be disposed off at the level of the concerned Minister.

5. Travel by airlines other than Indian Airlines

If it is at par/cheaper, in special circumstances, subject to the satisfaction of the Administrative Department to the entitled officer.

714

6. All cases of medical advance should be decided by the Administration Department at its own level subject to the following conditions :

(i) There is adequate budget provision.

(ii) The advance will not exceed 75% of the estimated cost of treatment.

(iii) The verification/recommendation of the Health Department should be obtained.

(iv) The treatment will be undertaken in the Government approved hospitals as per the list finalized by the Health Department. However, the case where relaxation in existing rules is involved such as treatment from any hospital outside the approved list, the same will be sent to the Finance Department as before.

7. Hiring of private houses where Govt. accommodation is not available

Renewal of such cases need not be referred to FD if the enhanced rent is as per Govt. instructions.

3. It is requested that these instructions may be brought to the notice of all concerned for Compliance.

Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

All the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Govt., Haryana.

U.O. No. 5/7/2005-1B&C Dated 9th May, 2005 No. 5/7/2005-1B&C Dated 9.5.2005. A copy is forwarded to all Heads of Departments for information and necessary action. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 5/7/2005-1B&C Dated 9.5.2005. A copy is forwarded to Accountant General (A&E, Audit) Haryana for information.

Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all Officers/Deputy/Under Secretaries/Superintendents of

715

the Finance Department (Expenditure Control Branch) for information and necessary action. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Officers/Deputy/Under Secretaries/Superintendents of the Finance Department (Expenditure Control Branch).

U.O. No. No. 5/7/2005-1B&C Dated 9.5.2005.

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716

These instructions have been Revised vide No. 68/2/2001/FD/Pension/SAP, Dt. 10.10.2006.

No. 68/2/2001/PD/Pension/SAP From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana State, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh the 2nd June, 2005 Subject : Time Schedule for payment of retiral benefits to the retiring Government

employee on the date of his retirement. Sir, I am directed to invite a reference to instructions issued vide this Department letter no. 68/2/2001/FD/Pension/SAP, dated 3.9.01 wherein it was decided that the pension case after removing the objections raised by A G, Haryana in the C & R should be resubmitted to the A G, Haryana 15-20 days before retirement of the employee concerned alongwith the No Dues Certificate for the issue of pension/gratuity payment orders on the date of his retirement. It has, however, been brought out by the A.G. (A&E), Haryana that ―No Dues Certificate‖ is not being issued while sending reply to the C & R resulting thereby delay in the issue of pension/gratuity payment order. After due consideration it has now been decided that Head of Department/Head of Office will invariably issue NDC while sending reply to C & R and if any amount is to be recovered from the retiree, that should be clearly mentioned in the NDC. The A.G. (A&E), Haryana would deduct the recoverable amount from the DCRG and authorize the residual amount without delay. In case NDC is not received along with reply to C & R, it would be presumed that nothing is outstanding and the A.G. Office would issue the authority for release of full amount of DCRG. Later on if it is found that any amount was outstanding from the retiree, the same will be recovered from the concerned Drawing & Disbursing Officer. 2. Heads of Department/Heads of Office may ensure that joint photograph of the pensioner and his/her spouse should be attested by Pension Sanctioning Authority on the face of the photograph. You are requested that the above instructions may please be got noted and brought to the notice of all the officers/officials dealing with the pension cases under your control for strict compliance. Yours faithfully,

Sd/- Under Secretary (Pension), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

717

No. 68/2/2001/FD/Pension Dated, Chandigarh, the 2nd June, 2005 A copy is forwarded to the Accountant General (A&E), Haryana, Chandigarh in reference to his letter No. Pen 1/Gen-9/Minutes of meeting/2003-04/1063 dated 5.6.2003 and Funds-01/Seminar/04-05/878-79 dated 8/9/12/2004 for information and necessary action. Sd/- Under Secretary (Pension), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy for information and necessary action is forwarded to :-

All the Financial Commissioner in Haryana and All the Commissioners & Secretaries to Govt. Haryana. Sd/- Under Secretary (Pension), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner in Haryana and All the Commissioners & Secretaries to Govt., Haryana. No. 68/2/2001/FD/Pension Dated, Chandigarh, the 2nd June, 2005

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718

GOVERNMENT OF HARYANA DEPARTMENT OF FINANCE

Office Memorandum

No. 4/7/99-6FR/1639 Dated: Chandigarh, 3rd June, 2005

Subject : Grant of dearness relief to the pensioners/family pensioners of the Haryana Govt. on the revised pension/family pension w.e.f. 1.1.2005.

Sir/Madam,

I am directed to invite a reference to this department circular letter No. 4/7/99-6FR/3713 dated the 8th December, 2004 on the subject noted above and to state that the Governor of Haryana is pleased to decide that the Dearness Relief shall be paid to the Haryana Government pensioners/family pensioners to compensate them for the rise in cost of living at the rate of 17% w.e.f. 1.1.2005.

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment.

4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samitis or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned.

5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 17% on revised basic Pension/Family Pension w.e.f. 1.1.2005. Therefore, it has been decided that it will be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case.

6. The expenditure involved will be debitable to the Major Head "2071-Pensions and other Retirement Benefits".

7. Copy of this order is also available on website which can be downloaded from the site www.haryana.nic.in.

8. Receipt of this letter may please be acknowledged. Yours faithfully,

Sd/- (Ram Dhari) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

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719

These instructions have been Reiterated vide No. 14/1/2006-2B&C, Dated 27.03.2006

No. 14/2/2005-2B&C

From

Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Department in Haryana, The Registrar, Punjab and Haryana High Court, All Deputy Commissioners in Haryana and Commissioners Rohtak, Gurgaon, Hisar and Ambala Divisions, Managing Directors of all Boards and Corporations in Haryana, The Registrar, Maharishi Dayanand University Rohtak, Kurukshetra University Kurukshetra, Haryana Agriculture University, Hisar & Guru Jambheshwar University, Hisar.

Dated, Chandigarh, the 17th June, 2005

Subject : Regarding Budget Availability at Haryana‘s Official Website www.haryana.nic.in

Sir,

I am directed to address you on the subject noted above and to inform that the complete Non-Plan, Plan and Receipt Budget of the Haryana Govt. for the year 2004-05 is available on Haryana‘s Official Website www.haryana.nic.in.

Any Department can view its Budget by selecting the appropriate option, i.e. Non-Plan/Plan/Receipt and then Summary/Detail etc. Major headwise budget is displayed on the screen. Even the printout of the same can be taken for future reference.

Head of Departments/Drawing and Disbursement Officers should avail this facility as and when required.

Yours faithfully,

Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 14/2/2005-2B&C Dated, Chandigarh, the 17th June, 2005

Copies are forwarded to the following :-

Accountant General, Haryana (A & E), Chandigarh. Accountant General, Haryana (Audit), Chandigarh for information and necessary action.

Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

720

A copy is forwarded to all the Financial Commissioner & Principal Secretaries to Govt. Haryana and all Administrative Secretaries to Govt. of Haryana for information and necessary action.

Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners and Principal Secretaries to Govt., Haryana & All Administrative Secretaries to Govt., Haryana. U.O. No. 14/2/2005-2B&C Dated, Chandigarh, the 17th June, 2005 A copy is forwarded to all the Branch Officers/Superintendents in the Finance Department.

Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Branch Officers/Superintendents of Finance Department. U.O. No. 14/2/2005-2B&C Dated, Chandigarh, the 17th June, 2005.

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721

These instructions have been Revised vide No. 1046/2004-2FICW, Dated 27.01.2009.

No. 4316-2FICW-2004

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Heads of Departments, Commissioners, Ambala, Hisar, Rohtak & Gurgaon Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 17th June, 2005. Subject : Re-Classification of Towns and Cities. Sir, I am directed to invite a reference to Haryana Government Finance Department circular letter No. 3183-2FICW-93, dated 12-1-1994 on the subject noted above and to say that for some time past, the State Government have had under their consideration the question of re-classification of some towns/cities for the purpose of grant of house rent allowance on the basis of latest census population figures of 2001. Accordingly, it has been decided to re-classify the following towns/cities as ‗A‘ class and ‗B‘ class respectively :-

Sr. No.

Name of City/Town

Existing classification

Proposed re-classification

1. Jind ‗B‘ ‗A‘ class city

2. Kaithal ‗B‘ ‗A‘ class city

3. Thanesar (Kurukshetra)

‗B‘ ‗A‘ class city

4. Safidon Unclassified ‗B‘ class city

2. The grant of house rent allowance shall, however, be subject to the same conditions as have already been laid down for the purpose in Haryana Government letter No. 10/46/2004-2FICW, dated 17-12-2004 and instructions issued in this regard from time to time. 3. House Rent Allowance in the above mentioned cities on the basis of their new status will be allowed to the Government employees with immediate effect.

Yours faithfully,

Sd/- (SAMWARTAK SINGH) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

722

No. 4316-2FICW-2004 Dated, Chandigarh, the 17th June, 2005 A copy is forwarded to the Accountant General Haryana A&E/Audit, Chandigarh for information. Sd/- (SAMWARTAK SINGH) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :- All the Financial Commissioners and Principal Secretaries to Govt.,

Haryana. All the Administrative Secretaries to Govt., Haryana, for information and necessary action. Sd/- (SAMWARTAK SINGH) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Principal Secretaries to Govt., Haryana. All the Administrative Secretaries to Govt., Haryana. U.O. No. 4316-2FICW-2004 Dated, Chandigarh, the 17th June, 2005 A copy is forwarded to the Principal Secretary/Special Principal Secretary/Deputy Principal Secretary/Officer on Special Duty/Senior Special Private Secretaries/Sr. Private Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for information. Sd/- (K. K. Grover) Superintendent FICW for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To Principal Secretary/Special Principal Secretary/Deputy Principal

Secretary/Officer on Special Duty/Senior Special Private Secretaries/ Sr. Private Secretaries/Private Secretaries to the Chief Minister/ Deputy Chief Minister/Ministers for information.

U.O. No. 4316-2FICW-2004 Dated, Chandigarh, the 17th June, 2005

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723

(30th June, 2005)

restructuring

724

***************

725

These instructions have become obsolete.

(20th July, 2005)

726

follow-up

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727

IMPORTANT

Subject : Sanction of expenditure by the Administrative Departments. Will all the Financial Commissioner & Principal Secretaries/Administrative Secretaries to Govt. Haryana kindly refer to the subject noted above. 2. In order to improve efficiency and speedy disposal of works of the departments, it has been decided by the Finance Department to allow the Administrative Departments to sanction the following type of expenditure at their own level without referring the same to the Finance Department. However, due permission/approval of the appropriate authority in the Administrative Department may be obtained before incurring such expenditure :-

1. All replacement of vehicles subject to the following conditions :-

(i) If the vehicles which are to be replaced have been condemned by the Condemnation Board.

(ii) Condemned vehicle to be auctioned within two months of purchase of new vehicle. New vehicles shall be purchased through approved agency and as per rules.

(iii) There is adequate budget provision for the same in the budget estimates of the department.

(iv) Approval of the Hon‘ble CM has been obtained by AD.

(v) Reduction of fleet as per the policy of the Government.

2. In those cases where the awards, compensation or any payment as ordered by Hon‘ble Punjab & Haryana High Court & Hon‘ble Supreme Court are to be implemented subject to the condition that :-

(i) Opinion of LR has been obtained according to which it is not a fit case for filing an appeal.

(ii) There is adequate provision for the same in the budget estimates of the department.

(iii) Due responsibility is fixed by the department for any lapse.

3. In case of repair of equipments, furniture, building and vehicle :-

(i) Where the expenditure involved does not exceed Rs. 1.00 lacs.

(ii) And there is adequate budget provision for the same in the budget estimates.

4. Approval of tours beyond ten days;

All those cases where approval of Finance Department is required beyond 10 days the same should be disposed off at the level of the concerned Minister.

5. Travel by airlines other than Indian Airlines

If it is at par/cheaper, in special circumstances, subject to the satisfaction of the Administrative Department to the entitled officer.

728

6. All cases of medical advance should be decided by the Administration Department at its own level subject to the following conditions :

(i) There is adequate budget provision.

(ii) The advance will not exceed 75% of the estimated cost of treatment.

(iii) The verification/recommendation of the Health Department should be obtained.

(iv) The treatment will be undertaken in the Government approved hospitals as per the list finalized by the Health Department. However, the case where relaxation in existing rules is involved such as treatment from any hospital outside the approved list, the same will be sent to the Finance Department as before.

7. Hiring of private houses where Govt. accommodation is not available

Renewal of such cases need not be referred to FD if the enhanced rent is as per Govt. instructions.

3. It is requested that these instructions may be brought to the notice of all concerned for compliance. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to. Govt., Haryana. U.O. No. 5/7/2005-1B&C Dated 20th July, 2005.

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729

MOST IMMEDIATE Subject : Implementation of recommendations of Shakdhar Committee/Constitution of

monitoring Committee by Chief Administrators/Managing Directors of the Boards/Corporations and submission of replies of various pending paras of the CAG/CPU/PAC Report.

Will all the Administrative Secretaries to Govt., Haryana, kindly refer to the subject noted above ? 2. The first meeting of the CPU of Haryana Vidhan Sabha for the year 2004-2005 was held on 19.4.2005 under the Chairmanship of the Hon‘ble Speaker, Haryana Vidhan Sabha. During the course of discussion, the following points emerged for taking cognizance and immediate action :-

(a) The papers required by the Committee are not made available by various Boards/Corporations well in time which causes undue hardship and hindrance in smooth functioning of the Committee. Some officers taking part in the Committee meetings are not fully prepared and well versed with the agenda.

(b) The recommendations made by the Committee in various reports are yet to

be implemented. Similarly, the replies of paras of CAG Reports are not being sent in the prescribed format within the stipulated period.

(c) Accountability of Government Companies to the Legislature is to be achieved

through the submission of audited annual accounts to the, Legislature within the time schedule prescribed in the Companies Act. As on 31 March 2005, 13 Companies and one Statutory Corporation did not submit their annual accounts for the period ranging from one year to Six years and the oldest arrear of one company relates to 1998-99. (Annexure-A)

(d) Instructions were issued vide Chief Secretary to Govt., Haryana letter No. 36/4/99-Pol (4P) dated 8 June, 1999 for the constitution of Monitoring Committee in each Board/Corporation for the monitoring of progress pertaining to the submission of replies of the paras of CAG Reports. But no information regarding constitution of Monitoring Committee has been received from any Board/Corporation so far.

(e) The pace of submitting the replies/progress reports of the paras of CAG/CPU Reports by various Departments is not encouraging. The arrangements of Boards and Corporations need to attach due importance to the matter.

3. In view of these facts all the Administrative Secretaries to Govt. Haryana are requested to review the matter and to ensure that :-

(i) Papers required by CPU are made available to the Vidhan Sabha Secretariat well in time.

(ii) Officers attending the CPU meetings are fully prepared and well versed with the agenda notes.

(iii) Recommendations made by CPU are implemented and report thereof sent to all quarters concerned immediately. All pending recommendations be cleared within a month.

730

(iv) Replies to various paras of GAG Reports are sent on the prescribed format within 3 months from the receipt of the report at all costs.

(v) Annual Audited Accounts of all the PSU under the purview of CPU are finalized and sent to the Accountant General (Audit) Haryana immediately.

(vi) The accounts of 13 companies of the stationery corporation having arrears of annual accounts ranging from one year to 6 years (Annexure A) are sent to Accountant General (Audit) Haryana without any further delay.

(vii) The monitoring Committees as required vide CS letter No. 36/4/99-Pol (4P) dated 8.6.1999, are constituted immediately and progress pertaining to the submission of replies to GAG paras are monitored/reviewed by this Committee from time to time.

(viii) While submitting the replies to various paras of the GAG Reports, recommendations made and procedure/proforma prescribed by the Shakdhar Committee are strictly followed.

Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Administrative Secretaries to Government, Haryana. U.O. No. 34/1/2005-2B&C Dated : 25th July, 2005

Endst. No. 34/1/2005-2B&C Dated : 25th July, 2005 A copy is forwarded to the :-

All the Heads of Departments Haryana, All the Chief Administrators/Managing Directors of the Boards/ Corporations in Haryana for strict compliance. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 34/1/2005-2B&C Dated : 25.07.2005 A copy is forwarded to the Secretary, Haryana Vidhan Sabha, Chandigarh for information. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all the officers of the Finance Department for information. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

731

A copy is forwarded to the Member Secy. HBPE for information and necessary action. It is requested to issue instructions to the Administrative Secretaries again regarding early finalization of the pending accounts of various PSUs. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Member Secretary, Haryana Bureau of

Public Enterprises. U.O. No. 34/1/2005-2B&C Dated : 25.07.2005 Contd… Encl.

732

ANNEXURE - A

Statement showing Details of the companies and Corporation whose accounts are in Arrears as on 30-09-2004

Sr. No. Name of the Company Period for which accounts are in arrears

Total

1. Haryana Scheduled Castes Finance Development Corporation Limited

2000-2001 to 2003-2004 4

2. Haryana Backward Classes and Economically Weaker Section Kalyan Nigam Limited

1999-2000 to 2003-2004 5

3. Haryana Forest Development Corporation Limited 1998-1999 to 2003-2004 6

4. Haryana Women Development Corporation Limited 2002-2003 to 2003-2004 2

5. Haryana Roadways Engineering Corporation Limited, Gurgaon

2002-2003 to 2003-2004 2

6. Haryana Tourism Corporation Limited 2000-2001 to 2003-2004 4

7. HARTRON 2002-2003 to 2003-2004 2

8. Haryana Police Housing Corporation Limited 2002-2003 to 2003-2004 2

9. Haryana state Minor Irrigation and Tubewells Corporation Limited

2000-2001 to 2003-2004 4

10. Haryana State Small Scale Industries and Export Corporation Limited

2001-2002 to 2003-2004 3

11. Haryana State Handloom and Handicrafts Corporation Limited

2000-2001 to 2003-2004 4

12. Haryana Agro Industries Corporation Limited 2003-2004 1

13. Roads and Bridges Corporation Limited 2003-04 1

14. Punjab State Iron Limited 2003-04 1

15. Haryana Power Generation Corporation Limited 2002-2003 to 2003-2004 2

16. Haryana Vidyut Prasaran Nigam Limited 2003-2004 1

17. Uttar Haryana Bijli Vitran Nigam Limited 2003-2004 1

18. Dakshin Haryana Bijli Vitran Nigam Limited 2003-2004 1

Total : 46

Corporation

1. Haryana Financial Corporation 2002-2003 to 2003-2004 2

Grand Total : 48

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733

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 3/6/04-2Pension To All Heads of Departments in Haryana, All Divisional Commissioners, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 25th July, 2005 Subject : Implementation of judgements passed by different Courts. Sir/Madam,

I am directed to refer you on the subject cited above and to say that it has been observed that a number of departments implement the Court judgement at their own level without obtaining prior approval of Finance Department and thereafter the case is sent for ex post facto approval of the Finance Department. This tendency on the part of departments is not healthy because in a number of cases further appeal is required to be made especially when the judgement is contrary to existing provisions of Civil Service Rule/policy laid down by the State Govt. It is, therefore, impressed upon you that all such cases where approval of Finance Department is required should be referred for prior approval of Finance Department, It is also made clear that State Government can take a decision to file the appeal, L.P.A./S.L.P. even in such cases where the Advocate General/L.R. Haryana has given the opinion that it is not a fit case to file appeal against the orders of lower court. Therefore, each case has to be decided on merit and the prior approval of Finance Department should invariably be obtained in all cases where financial implications are involved and the approval of Finance Department is mandatory as per provision of rules. These instructions may be brought to the notice of all concerned for strict compliance. Yours faithfully, Sd/- Accounts Officer (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries to Govt. Haryana and All Commissioners and Secretaries to Government, Haryana for information and necessary action. Sd/- Accounts Officer (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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To All the Financial Commissioners & Principal Secretaries to

Govt., Haryana. All Commissioners and Secretaries to Government, Haryana. No. 3/6/04-2Pension Dated, Chandigarh, the 25th July, 2005.

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MOST IMMEDIATE Subject : Implementation of recommendations of Shakdhar Committee/Constitution of

monitoring Committee by Chief Administrators/Managing Directors of the Boards/Corporations and submission of replies of various pending paras of the CAG/CPU/PAC Report.

Will all the Administrative Secretaries to Govt. Haryana, kindly refer to the subject noted above? 2. The first meeting of the CPU of Haryana Vidhan Sabha for the year 2004-2005 was held on 19.4.2005 under the Chairmanship of the Hon‘ble Speaker, Haryana Vidhan Sabha. During the course of discussion, the following points emerged for taking cognizance and immediate action :- (a) The papers required by the Committee are not made available by various

Boards/Corporations well in time which causes undue hardship and hindrance in smooth functioning of the Committee. Some officers taking part in the Committee meetings are not fully prepared and well versed with the agenda.

(b) The recommendations made by the Committee in various reports are yet to

be implemented. Similarly, the replies of paras of CAG Reports are not being sent in the prescribed format within the stipulated period.

(c) Accountability of Government Companies to the Legislature is to be achieved through the submission of audited annual accounts to the Legislature within the time schedule prescribed in the Companies Act. As on 31 March 2005, 13 Companies and one Statutory Corporation did not submit their annual accounts for the period ranging from one year to Six years and the oldest arrear of one company relates to 1998-99. (Annexure-A)

(d) Instructions were issued vide Chief Secretary to Govt., Haryana letter No. 36/4/99-Pol(4P) dated 8 June, 1999 for the constitution of Monitoring Committee in each Board/Corporation for the monitoring of progress pertaining to the submission of replies of the paras of CAG Reports. But no information regarding constitution of Monitoring Committee has been received from any Board/Corporation so far.

(e) The pace of submitting the replies/progress reports of the paras of CAG/CPU Reports by various Departments is not encouraging. The arrangements of Boards and Corporations need to attach due importance to the matter.

3. In view of these facts all the Administrative Secretaries to Govt. Haryana requested to review the matter and to ensure that :- (i) Papers required by CPU are made available to the Vidhan Sabha Secretariat

well in time;

(ii) Officers attending the CPU meetings are fully prepared and well versed with the agenda notes;

(iii) Recommendations made by CPU are implemented and report thereof sent to all quarters concerned immediately. All pending recommendations be cleared within a month;

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(iv) Replies to various paras of GAG Reports are sent on the prescribed format within 3 months from the receipt of the report at all costs;

(v) Annual Audited Accounts of all the PSU under the purview of CPU are finalized and sent to the Accountant General (Audit) Haryana immediately;

(vi) The accounts of 13 companies of the stationery corporation having arrears of annual accounts ranging from one year to 6 years (Annexure A) are sent to Accountant General (Audit) Haryana without any further delay:

(vii) The monitoring Committees as required vide CS letter No. 36/4/99-Pol(4P) dated 8.6.1999, are constituted immediately and progress pertaining to the submission of replies to GAG paras are monitored/reviewed by this Committee from time to time;

(viii) While submitting the replies to various paras of the GAG Reports, recommendations made and procedure/proforma prescribed by the Shakdhar Committee are strictly followed.

Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Administrative Secretaries to Government, Haryana. U.O. No. 34/1/2005-2B&C Dated 25th July, 2005

Endst. No. 34/1/2005-2B&C Dated 25.07.2005

A copy is forwarded to the :-

All the Heads of Departments Haryana All the Chief Administrators/Managing Directors of the Boards/ Corporations in Haryana for strict compliance. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 34/1/2005-2B&C Dated 25.07.2005 A copy is forwarded to the Secretary, Haryana Vidhan Sabha, Chandigarh for information. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to all the officers of the Finance Department for information. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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A copy is forwarded to the Member Secy. HBPE for information and necessary action. It is requested to issue instructions to the Administrative Secretaries again regarding early finalization of the pending accounts of various PSUs. Sd/- Deputy Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Member Secretary, Haryana Bureau of Public Enterprises. U.O. No. 34/1/2005-2B&C Dated 25.07.2005 Contd… Encl.

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ANNEXURE - A

Statement showing Details of the Companies and Corporation whose accounts are in Arrears as on 30-09-2004

Sr. No.

Name of the Company Period for which accounts are in arrears

Total

1. Haryana Scheduled Castes Finance Development Corporation Limited

2000-2001 to 2003-2004 4

2. Haryana Backward Classes and Economically Weaker Section Kalyan Nigam Limited

1999-2000 to 2003-2004 5

3. Haryana Forest Development Corporation Limited

1998-1999 to 2003-2004 6

4. Haryana Women Development Corporation Limited

2002-2003 to 2003-2004 2

5. Haryana Roadways Engineering Corporation Limited, Gurgaon

2002-2003 to 2003-2004 2

6. Haryana Tourism Corporation Limited 2000-2001 to 2003-2004 4

7. HARTRON 2002-2003 to 2003-2004 2

8. Haryana Police Housing Corporation Limited 2002-2003 to 2003-2004 2

9. Haryana state Minor Irrigation and Tubewells Corporation Limited

2000-2001 to 2003-2004 4

10. Haryana State Small Scale Industries and Export Corporation Limited

2001-2002 to 2003-2004 3

11. Haryana State Handloom and Handicrafts Corporation Limited

2000-2001 to 2003-2004 4

12. Haryana Agro Industries Corporation Limited 2003-2004 1

13. Roads and Bridges Corporation Limited 2003-04 1

14. Punjab State Iron Limited 2003-04 1

15. Haryana Power Generation Corporation Limited 2002-2003 to 2003-2004 2

16. Haryana Vidyut Prasaran Nigam Limited 2003-2004 1

17. Uttar Haryana Bijli Vitran Nigam Limited 2003-2004 1

18. Dakshin Haryana Bijli Vitran Nigam Limited 2003-2004 1

Total 46

Corporation

1. Haryana Financial Corporation 2002-2003 to 2003-2004 2

Grand Total 48

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No. 2/2/04-WM(3) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioner and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 1st August, 2005 Subject : Grant of Second House Building Advance to Haryana Government employees. Sir,

I am directed to refer to Finance Department‘s circular letter No. 2/2/04-WM(3) dated the 25th June, 2004 on the above subject and to say that on re-consideration, it has been decided to revise the terms and conditions for the grant of second House Building Advance for construction of house/purchase of built up house allotted by the Government agencies or other registered societies or through private source and for the purchase of plot as under :-

1. The second House Building Advance will be granted only if the first House Building Advance was taken 10 years back by the applicant.

2. No portion of previous loan and interest accrued thereon is outstanding against him and NDC to this effect has been issued by the competent authority.

3. The sale proceeds of the House built/acquired through first House Building Loan taken from State Government will not be taken into consideration.

4. The second loan will be granted equal to employees present admissibility (34 months Basic Pay+ DP+NPA+SP, subject to a maximum of Rs. 7.50 lakh or cost of house whichever is less) minus(-) amount of first HBL taken by him.

2. These instructions will be given effect to and from the date of issue of this letter. All other conditions governing the grant of these advances will remain the same as laid down in the rules/instructions issued by the Finance Department from time to time.

3. The above instructions may be brought to the notice of all officers/officials working under your control. Kindly acknowledge receipt. Yours faithfully,

Sd/- (V.P. Goel) Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 2/2/04-WM(3) Dated, Chandigarh, the 1st August, 2005

A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh

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for information and necessary action. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners & Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 1st August, 2005 No. 2/2/04-WM(3) Dated, Chandigarh, the 1st August, 2005 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. State Election Commissioner, Haryana. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Hon‘ble Speaker, Haryana Vidhan Sabha. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors to Medical Colleges in Haryana

State. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy each is forwarded to the Principal Secretary/Deputy Principal Secretary I-II/Officers on Special Duty/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Ministers/State Ministers/Chief Parliamentary Secretary/Deputy Chairman, Planning Board, Haryana, for the information of Chief Minister/Ministers/State Ministers/Deputy Chairman Planning Board, Haryana. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Deputy Principal Secretary I-II/

Officers on Special Duty/Senior Secretary/Secretaries/ Private Secys. to the Chief Minister/Ministers/State Ministers/ Chief Parliamentary Secretary/Deputy Chairman, Planning Board.

U.O. No. 2/2/04-WM(3) Dated, Chandigarh, the 1st August, 2005.

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These instructions have been revised vide No. 16/1/10-WM(6),Dated 16.07.2010.

No. 2/2/05-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 3rd August, 2005 Subject : Grant of Advance for the purchase of Motor Cycle/Scooter/Moped and Bi-Cycle

to Haryana Government employees. Sir, I am directed to refer to Finance Department‘s circular letter No. 2/2/04-WM(3) dated the 25th June, 2004 on the above subject and to say that the State Government has reviewed the policy regarding grant of loan for the purchase of Motor Cycle/Scooter/Moped and Bi-Cycle to the State Government employees and taking the hike in prices of these vehicles into consideration, it has been decided to revise the admissibility condition and admissibility limit of advance for the purchase of Motor Cycle/ Scooter/ Moped and Bi-Cycle, with immediate effect, as under :-

Sr. No.

Category Admissibility Conditions

Limit of Advance and Instalments of Recovery

1 Purchase of Motor Cycle/ Scooter

Government employees drawing Basic Pay of Rs. 6000/- including D.P+NPA+Spl. Pay

Rs. 40000/- for Motor Cycle and Rs. 30000/-for scooter, or actual price of the vehicle whichever is less, recoverable in not more than 100 monthly instalments

2 Purchase of Moped

No pay limit

Rs. 20000/- for Moped Advance or actual price of the vehicle whichever is less, recoverable in not more than 100 monthly instalments

3 Purchase of Bi-cycle

No pay limit Rs. 1800/- or actual price whichever is less, recoverable in 20 monthly instalments

2. The cases in which the amount of advance have already been earmarked/drawn

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shall not be reopened for earmarking of funds as a result of this revision. 3. All other terms and conditions, for the Motor Vehicle Advance, as laid down by the Finance Department from time to time, shall be applicable mutatis and mutandis 4. The Application Form, Agreement Deed, Surety Bond Form, Annexure IV Form (Death-cum-Retirement Gratuity) and a check list is enclosed for the guidance/ convenience of applicants/departments. 5. The above instructions may please be brought to the notice of all officers/officials working under your control. Kindly acknowledge receipt. Yours faithfully, Sd/- (V.P.Goel) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/2/05-WM(6) Dated, Chandigarh, the 3rd August, 2005 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners and Principal Secretaries/ Administrative Secretaries to Government, Haryana. U.O. No. 2/2/05-WM(6) Dated, Chandigarh, the 3rd August, 2005 No. 2/2/05-WM(6) Dated, Chandigarh, the 3rd August, 2005 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. Hon‘ble Speaker, Haryana Vidhan Sabha. State Election Commissioner, Haryana.

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Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana

State. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy each is forwarded to the Principal Secretary/Additional Principal Secretary I & II/Officers on Special Duty I&II/Media Advisor/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information to Chief Minister/ Deputy Chief Minister/Ministers, Haryana. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary I & II/

Officers on Special Duty I & II/Media Advisor/Senior Secretaries/ Secretaries/Private Secretaries to Chief Minister/Deputy Chief Ministers/Ministers.

U.O. No. 2/2/05-WM(6) Dated, Chandigarh, the 3rd August, 2005 Copy of this is also available on the website which can be down loaded from the site, www.haryana.nic.in. Contd… Encl.

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CHECK LIST OF MOTOR CONVEYANCE ADVANCE

Documents to be attached with the proposals for Motor conveyance Advance 1. Application form duly filled signed by the applicant and also signed by competent

authority of the concerned Department. 2. Agreement deed (Form PFR-21) 3. Annexure -IV (Death-cum-retirement gratuity) 4. Invoice of vehicle from Authorized dealer or agreement of purchase. 5. Proof of permanent Haryana Government employee 6. In case of regular employee Surety of one permanent Haryana Government

employee on non judicial stamp paper worth Rs. 15. For second Advance 7. Sale proceeds of previous vehicle purchased with Govt. loan. 8. N.D.C. of first advance. 9. All columns should be filled in. The mode of the vehicle should also be clearly

mentioned. 10. For second hand vehicle permission of Head of the department.

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Application Form for ______________________ Advance

1. Name (in Block Letters) :__________________

2. Father‘s/Husband‘s Name :__________________

3. Name of the Parent Department & Designation :__________________

4. Name of the Department where working :__________________

5. Basic _________ Pay:______ D. Pay:_______ Spl.

Pay /NPA ________

Total ________

6. G.P.F. A/C No. :__________________

7. Anticipated price of :__________________

8. Amount of Advance required :__________________

9. Date of joining in Haryana Govt., Service :__________________

10 Date of Birth :__________________

11. Date of Superannuation :__________________

12. Whether permanent/ temporary, (if temporary the surety of a permanent Government employee of non-judicial stamp paper worth Rs. 15/- may be given

:__________________

13. Whether advance for the same purpose was obtained previously, if so;

Date ______ Amount____

(i) Date of drawal of the first advance _________Rs. ________

(ii) Date of drawal of the second advance _________Rs. ________

(iii) The amount of 1st advance or interest thereon still outstanding if any

:__________________

(iv) Sale proceeds of previous vehicle along with proof in support thereof

:__________________

14(i) Whether the intention is to purchase a new _______________ through a person other than a regular dealer/Agent (ii) whether prior sanction of the competent authority has been obtained for the purchase of second hand _________________ as required under the employees conduct Rules.

15. (a) Certified that the information given is complete and true.

(b) Certified that I have not taken delivery of the _________ on account of which I apply for the advance and that I shall complete negotiations for the purchase and pay finally and take possession of the _______ before the expiry of one month from the date of drawal of the loan and further that the insurance of the_______ will be comprehensive.

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(c) Certified that if I do not purchase the __________ within one months from the date of drawal of advance, the Government is fully empowered to adjust my entire salary (Pay and Allowances) towards the advance till it is fully recovered.

(d) Certified that l am unable to purchase the ___________ without Government loan

(e) Certified that the purchase of __________ will increase my efficiency in discharge of official duties.

Dated :____________ Signature of the Applicant __________________

Designation _____________________________

Department _____________________________

Certificate

(To be furnished by the Head of the Department Controlling Officer) (a) Certified that the case has been examined in accordance with the rules/instructions

issued by the Finance Department Haryana from time to time. (b) Above entries from Col. 1 to 14 have been checked and found correct. (c) Certified that the purchase of vehicle will increase the efficiency of the applicant

while discharging the official duties. (d) A sum of Rs. _________ may please be earmarked for the purchase of __________. Dated : ____________ Controlling Authority with Designation

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FORM OF AGREEMENT TO BE EXECUTED WHILE APPLYING FOR AN ADVANCE FOR THE PURCHASE OF An agreement made on __________ day of ___________ two thousand ________ between Sh. ________________ office of _____________ (hereinafter called ‗the Borrower‘ with expression shall include his heirs administrators, executors, and legal representatives) of the one part and the Governor of Haryana (hereinafter called ‗the Governor‘ which expression shall include his successors and assignees) of the other part. Whereas the Borrower has under the provisions of the Punjab Financial Rules hereinafter referred to as ‗the said rules‘ which expression shall include any amendments thereof for the tithe being in force applied to the Governor for a loan of Rs. ____________ (Rupees ____________ for the purchase of a _____________ and whereas the Governor has agreed to lend the said amount to the Borrower on the terms and conditions‘ hereinafter contained. Now it is hereby agreed between the parties hereto that in consideration of the sum of Rs. ___________ to be paid by the Governor to the Borrower, the Borrower hereby agrees with the Governor (1) to pay the Governor the said amount with interest calculated according to the said rules by monthly deductions from his salary as provided in the said rules and here by authorizes the Governor to make such deductions and (2) in case any portion of the loan together with the interest accrued on the amount of loan remain unpaid at the time of retirement /resignation/death of Borrower, hereby agrees to authorize the Governor in consideration of the said amount to recover the ‗balance of loan with interest accrued on the amount of loan out of the Death-cum-Retirement Gratuity payable to the borrower in accordance with the rules. The borrower further agrees to cancel the nomination made by him under rule 4(6) of the New Pension Rules contained in Appendix 2 of the Punjab Civil Services Rules, volume II, so as to leave the Governor free to appropriate the sum found payable to him after retirement in adjustment of the balance of the loan with interest accrued on the amount of loan and (3) within one month from the date of payment of the said sum to expend the full amount of the said loan in purchase of a ____________or if the actual price paid is less than the loan to repay the difference to the Governor forthwith, and (4) to execute a document hypothecating the said ___________ to the Governor of Haryana as security for the, amount to be lent to the Borrower as aforesaid and interest in the form provided by the said rules and It is hereby lastly agreed and Declared that if the ________________ has not been purchased and hypothecated as aforesaid within one month from the: date of payment of the said sum or if the Borrower within that period becomes insolvent or quits the service of the Government or dies, the whole amount of the loan and interest accrued thereon shall immediately become due and payable. In Witness whereof the borrower and _____________ for and an behalf of the Governor have hereunto set their hands the day and year first before written. Dated : (Signature and Designation of the Borrower) (Signature of Witnesses)

for and on behalf of the Governor of Haryana

(Signature and Designation of the Officer)

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ANNEXURE - IV I, _____________________ do-hereby authorize the Accountant General, Haryana to recover from the Death-cum-retirement gratuity, the amount which would become due to him on the date of superannuation/ retirement the balance of outstanding ____________ advance, with interest in terms of the penultimate paragraph of the agreements dated the ______________ Dated: Signature ___________________ Designation _________________ Certified that I hereby cancel the nomination made by me in respect of Death cum retirement gratuity to me at the time of retirement Signature___________________ Designation_________________ Dated :

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SURETY BOND This deed is made on the ________ day of _________, Two thousand and __________ between Sh. _____________ S/o Shri ___________ and working as ____________________ in ________________________ department (hereinafter referred to as the surety) of the one part and the Governor of Haryana (hereinafter referred to as the Government) of the other part. Whereas the loan of Rs._________(Rupees _____________) has been granted to Shri ____________________S/o Shri _________________ hereinafter referred to as borrower) of the terms and conditions contained in the agreement dated ________ and subject to the borrower furnishing a permanent Government Servant as surety to guarantee the due performance and observation by him of the conditions of the agreement dated ____________. And whereas Shri ______________________________________ S/o Shri _________________________has fulfillment of the conditions of the Advance of ___________ loan agreed to stand as surety for the Borrower on the terms and conditions hereinafter appearing. Now this deed witnesses and the parties hereto agree as follows:

1. In pursuance of the said agreement and in consideration of sum of Rs. _______________ advance by the Government to the Borrower as loan, the surety hereby agrees that the borrower shall duly, faithfully, and punctually perform all the conditions set out in the agreement dated ____________ and to be performed and observed by him and that in the event of the failure of the borrower to perform any of the said conditions and of the borrower dying or ceasing to be in service for any cause that what so ever before the amount due to the Government from the borrower is fully paid off, the surety shall immediately pay the entire amount due to the Government on account of the principle and interest under the said agreement.

2. For the consideration aforesaid and in further pursuance of the agreement it

is hereby agreed that the liability of surety shall not be affected by the Government granting time or any other indulgence to the borrower.

3. The Government shall be entitled to deduct from the pay, Travelling

Allowance or any other sum which may be or become payable by the Government to the surety the amount due to it from the surety under this deed.

In Witness where of the parties have signed, this deed on the date respectively

mentioned against their Signature in the ___________ year of the Republic of India. Witness Signature of Surety & Designation Department Witness Signed by ________

for and on behalf of the Governor of Haryana.

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CHECK LIST OF CYCLE ADVANCE Documents to be attached with the proposal cycle Advance : 1. Application form duly filled signed by the applicant and also signed by competent

authority of the concerned Department. 2. Agreement deed (Form PFR-21). 3. Invoice of Cycle. 4. Proof of permanent Haryana Government employee. 5. In case of regular employee Surety of one permanent Haryana Government

employee on non judicial stamp paper worth Rs. 15. 6. Second advance application should be forwarded after three years from the grant of

first advance. 7. All columns should be filled in.

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Application Form for Cycle Advance

1. Name (in Block Letters) : ___________________

2. Father‘s/Husband‘s Name : ___________________

3. Designation : ___________________

4. Name of the Department/Branch where working : ___________________

S Basic Pay+ D.P.+Spl. Pay : ___________________

6. G.P.F. A/C Number : ___________________

7 Anticipated price of cycle : ___________________

8. Amount of Advance required : ___________________

9. Date of joining in Haryana Govt., Service : ___________________

10 Date of Superannuation : ___________________

11. Whether permanent! temporary,

(if temporary the surety of a permanent Government employee of non-judicial stamp paper worth Rs. 15/- may be given)

: ___________________

12. Whether advance for the same purpose was obtained previously, if so;

Whether three years have elapsed since the: drawal of the first cycle advance.

: ___________________

Date______ Amount_______

i) Date & amount of drawal of the first advance : _________ Rs. __________

(a) Certified that I have not drawn any cycle advance during the last three years and the cycle purchase with the previous advance has become unserviceable.

(b) Certified that if I do not submit the receipt and full particulars of cycle to D.D.O. within one month from the date of drawal of advance, the Government is fully empowered to adjust my entire salary (Pay and Allowances) towards the advance till it is fully recovered.

(c) Certified that Jam unable to purchase the cycle without Government loan.

Dated :___________ Signature of the Applicant ___________________ Designation______________________________ Department/Branch_______________________

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Certificate

(To be furnished by the Head of the Department/Controlling Officer) (a) Certified that the case has been examined in accordance with the rules/instructions

issued by the Finance Department Haryana from time to tune, (b) Above entries from Col. 1 to 12 have been checked. (c) Certified that the purchase of cycle will increase the efficiency of the applicant while

discharging the official duties. (d) A sum of Rs. _________ may please be earmarked for the purchase of cycle Dated : ____________ Signature of the Bead of the Department/ Controlling Authority with Designation

753

AGREEMENT TO BE EXECUTED WHILE APPLYING FOR AN ADVANCE FOR THE PURCHASE OF CYCLE An agreement made on ____________ day of _____________ two thousand _____________________________ between Sh. _________________________ office of ____________________________ (hereinafter called ‗the Borrower‘ which expression shall include his heirs administrators, executors, and legal representatives) of the one part and the Governor of Haryana (hereinafter called ‗ the Governor‘ which expression shall include his successors and assignees) of the other parts Whereas the Borrower has under the provisions of the Punjab Financial Rules hereinafter referred to as ‗the said rules‘ which expression shall include any amendments thereof for the time being in force applied to the Governor for a loan of Rs. __________ (Rupees ________________________________ for the purchase of a cycle and whereas the Governor has agreed to lend the said amount to the Borrower on the terms and conditions hereinafter contained. Now it is hereby agreed between the parties hereto that in consideration of the sum of Rs.__________ to be paid by the Governor to the Borrower, the Borrower hereby agrees with the Governor (1) to pay the Governor the said amount with interest calculated according to the said rules by monthly deductions from his salary as provided in the said rules and here by authorizes the Governor to make such deductions and(2) in case any portion of the loan together with the interest accrued on the amount of loan remain unpaid at the time of retirement /resignation/death of the Borrower, hereby agrees to authorize the Governor in consideration of the said amount to recover the balance of loan with interest accrued on the amount of loan out of the Death-cum-Retirement Gratuity payable to the borrower in accordance with the rules The borrower further agrees to cancel the nomination made by him under rule 4(6) of the New Pension Rules contained in Appendix 2 of the Punjab Civil Services Rules, volume II, so as to leave the Governor free to appropriate the sum found payable to him after retirement in adjustment of the balance of the loan with interest accrued on the amount of loan and (3) within one month from the date of payment of the said sum to expend the full amount of the said loan in purchase of a cycle or if the actual price paid is less than the loan to repay the difference to the Governor forthwith, and (4) to execute a document hypothecating the said cycle to the Governor of Haryana as security for the amount to be lent to the Borrower as aforesaid and interest in the form provided by the said rules and It is hereby lastly agreed and Declared that if the cycle has not been purchased and hypothecated as aforesaid within one month from the date of payment of the said sum or if the Borrower within that period becomes insolvent or quits the service of the Government or dies, the whole amount of the loan and interest accrued thereon shall immediately become due and payable. In Witness whereof the borrower and _____________________for and on behalf of the Governor have hereunto set their hands the day and year first before written. Dated : (Signature and Designation of the Borrower) (Signature of Witnesses) for and on behalf of the Governor of Haryana (Signature and Designation of the Officer)

754

SURETY BOND This deed is made on the __________ day of ___________, Two thousand and __________ between Sh. ________________ S/o Shri ________________ and working as ____________________ in ________________________ department (hereinafter referred to as the surety) of the one part and the Governor of Haryana (hereinafter referred to as the Government) of the other part. Whereas the loan of Rs._________(Rupees _____________) has been granted to Shri ____________________S/o Shri _________________ hereinafter referred to as borrower) of the terms and conditions contained in the agreement dated ________ and subject to the borrower furnishing a permanent Government Servant as surety to guarantee the due performance and observation by him of the conditions of the agreement dated ____________. And whereas Shri ______________________________________ S/o Shri _________________________has fulfillment of the conditions of the Advance of ___________ loan agreed to stand as surety for the Borrower on the terms and conditions hereinafter appearing. Now this deed witnesses and the parties hereto agree as follows :

1. In pursuance of the said agreement and in consideration of sum of Rs. _______________ advance by the Government to the Borrower as loan, the surety hereby agrees that the borrower shall duly, faithfully, and punctually perform all the conditions set out in the agreement dated ____________ and to be performed and observed by him and that in the event of the failure of the borrower to perform any of the said conditions and of the borrower dying or ceasing to be in service for any cause that what so ever before the amount due to the Government from the borrower is fully paid off, the surety shall immediately pay the entire amount due to the Government on account of the principle and interest under the said agreement.

2. For the consideration aforesaid and in further pursuance of the agreement it

is hereby agreed that the liability of surety shall not be affected by the Government granting time or any other indulgence to the borrower.

3. The Government shall be entitled to deduct from the pay, Travelling

Allowance or any other sum which may be or become payable by the Government to the surety the amount due to it from the surety under this deed.

In Witness where of the parties have signed, this deed on the date respectively

mentioned against their Signature in the ___________ year of the Republic of India.

Witness: Signature of Surety & Designation Department Witness: Signed by ___________________

for and on behalf of the Governor of Haryana.

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755

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

No. 1/32/05-2PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Registrar, Punjab & Haryana High Court, Chandigarh, The L.R. and Secretary to Govt., Haryana, Law Department, All Heads of Departments, All Commissioners of Divisions, All District & Sessions Judges, All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana.

Dated, Chandigarh, the 3rd August, 2005

Subject : Revision of pay scales of Haryana Government Employees under Haryana Civil Services (Revised Pay) Rules, 1998 and Haryana Civil Services (Assured Career Progression) Rules, 1998 – Non-Judicial staff of Subordinate Courts.

Sir,

I am directed to refer to Haryana Government Notification No GSR/3/Const./Art./ 309/98 dated the 7th January, 1998 and No. GSR/4/Const/Art /309/98 dated 7th January, 1998 vide which the pay scales of State Government employees were revised w.e.f. 1.1.96

In compliance of the directions of the Hon‘ble Supreme Court to implement the Justice Shetty Commission report for the grant of pay scales to the Non-Judicial staff of Subordinate Courts in the State of Haryana, the pay scales of the following categories of posts, as indicated against each is modified with effect from 1st August, 2005.

Sr. No.

Name of Post Present Pay Scale Modified Pay Scale

1. Usher Rs. 2550-3200 Rs. 2650-4000

2. Bailiff Rs. 2650-4000+

Rs. 40/- Spl. Pay

Rs. 3050-4350

w.e.f. 1.9.2001

Rs. 3050-4590

3. Reader

Grade-I

(Distt. Judge & Addl. Distt. Judge Court)

Rs. 5500-9000

Rs. 6500-10500

Grade-II

(Court of Civil Judge (Sr. Div./CJM)

Rs. 5000-7850 Rs. 5500-9000

Grade-III

(Court of Civil Judge [Jr. Div.]/Magistrate)

Rs. 5000-7850 No Change

4. Stenographer Grade-I

(Court of Distt. & Sessions Judge)

Rs. 5500-9000 Rs. 6500-10500

Grade-II

(Court of Civil Judge [Sr. Div.])

Rs. 5000-7850 Rs. 5500-9000

756

Sr. No.

Name of Post Present Pay Scale Modified Pay Scale

Grade-III

(Court of Civil Judge [Jr. Div.])

Rs. 3050-4590 Rs. 4000-6000

5. Superintendent

Class-I/Group-A

Rs. 6500-10500 Rs. 8000-13500

6. Clerk Rs. 3050-4590 Rs. 4000-6000 to Graduate Clerks in the Courts.

7. All Ministerial staff (Common category posts) other than those to whom higher pay scale has been granted vide this order/letter

Rs. 5000-7850

&

Rs. 5500-9000

The benefit of one increment at the initial rate be provided to the new entrants to the service.

The pay of the employees whose pay scales have been modified as detailed above is to be fixed in accordance with the normal rules laid down in the Punjab Civil Services Rules, Volume-I, Part I, the rules prescribed vide extra ordinary gazette notification No. GSR/3/Const./ Art.309/98, dated 7.1.98 and GSR/4/Const/Art./309/98, dated 7.1.98 and the instructions issued on the subject from time to time.

Yours faithfully,

Sd/- Under Secretary Finance (PR),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

****************

757

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

No. 1/32/05-2PR(FD)

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Registrar Punjab & Haryana High Court, Chandigarh. The L.R. and Secretary to Govt., Haryana, Law Department. All Heads of Departments. All Commissioners of Divisions. All District & Sessions Judges. All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 3rd August, 2005 Subject : Revision of pay scales of Haryana Government Employees under Haryana Civil

Services (Revised Pay) Rules, 1998 and Haryana Civil Services (Assured Career Progression) Rules, 1998 – Non-Judicial staff of Subordinate Courts.

Sir, I am directed to refer to Haryana Government Notification No. GSR/3/Const./Art. /309/98 dated the 7th January, 1998 and No. GSR/4/Const/Art /309/98 dated 7th January, 1998 vide which the pay scales of State Government employees were revised w.e.f. 1.1.96 In compliance of the directions of the Hon‘ble Supreme Court to implement the Justice Shetty Commission report for the grant of pay scales to the Non-Judicial staff of Subordinate Courts in the State of Haryana, the pay scales of the following categories of posts, as indicated against each is modified with effect from 1st August, 2005.

Sr. No.

Name of Post Present Pay Scale Modification Pay Scale

1. Usher Rs. 2550-3200 Rs. 2650-4000

2. Bailiff Rs. 2650-4000+

Rs. 40/- Spl. Pay

Rs. 3050-4350

w.e.f. 1.9.2001

Rs. 3050-4590

3. Reader

Grade-I

(Distt Judge & Addl. Distt. Judge Court)

Rs. 5500-9000

Rs. 6500-10500

Grade-II

(Court of Civil Judge (Sr. Div./CJM)

Rs. 5000-7850 Rs. 5500-9000

758

Sr. No.

Name of Post Present Pay Scale Modification Pay Scale

Grade-III

(Court of Civil Judge [Jr. Div.]/Magistrate)

Rs. 5000-7850 No Change

4. Stenographer Grade-I

(Court of Distt. & Sessions Judge)

Rs. 5500-9000

Rs. 6500-10500

Grade-II

(Court of Civil Judge [Sr. Div.])

Rs. 5000-7850 Rs. 5500-9000

Grade-III

(Court of Civil Judge [Jr. Div.])

Rs. 3050-4590 Rs. 4000-6000

5. Superintendent

Class-I/Group-A

Rs. 6500-10500 Rs. 8000-13500

6. Clerk Rs. 3050-4590 Rs. 4000-6000 to Graduate clerks in the Courts.

7. All Ministerial staff (Common category posts) other than those to whom higher pay scales has been granted vide this order/letter

Rs. 5000-7850

&

Rs. 5500-9000

The benefit of one increment at the initial rate be provided to the new entrants to the service.

The pay of the employees whose pay scales have been modified as detailed above is to be fixed in accordance with the normal rules laid down in the Punjab Civil Services Rules, Volume-I, Part I, the rules prescribed vide extra ordinary gazette notification No. GSR/3/Const./Art.309/98, dated 7.1.98 and GSR/4/Const/Art./309/98, dated 7.1.98 and the instructions issued on the subject from time to time. Yours faithfully, Sd/- Under Secretary Finance (PR), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

****************

759

Extract on Haryana Government Gazette (Extra.), dated the 4th August, 2005

HARYANA GOVERNMENT FINANCE DEPARTMENT

Notification

The 4th August, 2005

No. 1/2/1/94-2Pension.— In exercise of powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules Volume II, as applicable to the State of Haryana, namely :-

1. (1) These rules may be called the Punjab Civil Services Volume-II (Haryana Amendment) Rules, 2005.

(2) They shall be deemed to have come into force on the 1st day of July, 1996.

2. In the Punjab Civil Services Rules, Volume-II, (hereinafter called the said rules) in rule 6.24, in sub-rule (1),—

(a) for sign ―.‖ existing at the end, the sign ―:‖ shall be substituted

(b) the following proviso shall be added, namely :-

―Provided that in the case of Judicial Officers, the last pay drawn shall be treated as average emoluments‖.

3. In the said rules, in rule 11.1, in sub-rule (2),—

(a) for sign ―.‖ existing at the end, the sign ―:‖ shall be substituted

(b) the following proviso shall be inserted, namely :-

―Provided that in the case of Judicial Officers, the commutation of pension shall be @ 50% of pension‖.

N. BALA BASKAR Financial Commissioner & Principal Secy. to Govt.,

Haryana, Finance Department.

Endst. No. 1/2/1/94-2Pension Dated, Chandigarh, the 4.8.2005

A copy is forwarded for information and necessary action to :-

All Heads of Departments, Commissioners of Divisions in Haryana.

The Registrar, Punjab and Haryana High Court, Chandigarh.

All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana.

Sd/- Accounts Officer (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 1/2/1/94-2Pension Dated, Chandigarh, the 4.8.2005

A copy is forwarded to Accountant General (A&E), Haryana, Chandigarh with 1000 spare copies for information and necessary action.

Sd/- Accounts Officer (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

760

A copy for information and necessary action is forwarded to :-

All the Financial Commissioners and Principal Secretaries to Government, Haryana. All the Administrative Secretaries to Government, Haryana.

Sd/- Accounts Officer (Pension),

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Financial Commissioners and Principal Secretaries to Government, Haryana. All the Administrative Secretaries to Government, Haryana.

U.O. No. 1/2/1/94-2Pension Dated, Chandigarh, the 4.8.2005

***************

761

Subject : Meeting of the Committee on Estimates/Committee on Public Undertaking/ Public Accounts Committee.

Will all the Financial Commissioner & Principal Secretaries/Administrative Secretaries to Govt. Haryana kindly refer to the subject noted above? 2. It has been observed that the replies to the questionnaires and outstanding paragraphs are being received from the department very late. This is a matter of concern. It is, therefore, requested that the requisite replies be provided to the Haryana Vidhan Sabha well to time. Sd/- Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Govt., Haryana. U.O. No. 9/4/2005-9B&C Dated 12th August, 2005 No. 9/4/2005-9B&C Dated 12.08.2005 A copy is forwarded to the following for information and necessary action :-

Secretary, Haryana Vidhan Sabha, Secretariat, Chandigarh.

All Heads of Department/Managing Directors/Chief Administrators of Corporations and Boards for strict compliance.

Sd/- Under Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

***************

762

These instructions have become obsolete.

DATE BOUND From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments The Chief Administrator, HUDA. No. 8/12/05-5PR(FD) Dated, Chandigarh, the 18th August, 2005 Subject : Position of Court Cases with regard to grant of ACP Scales and Other cases

which are pending in the Apex Court. Please refer to the subject cited above. To review the position of Court Cases with regard to grant of ACP Scales and other cases relating to pay & allowances in which SLPs has been filed against the Orders of the Hon‘ble Punjab and Haryana High Court by the various departments and are pending in the Hon‘ble Supreme Court of India a meeting of the concerned will be held on 23.08.2005 at 11.00 AM in the Committee Room at 7th Floor, Haryana Civil Secretariat under the Chairmanship of Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department. All concerned are, requested to make it convenient to attend the meeting along with complete information (i.e. CWP No., Dated of Judgement Date of Filing of SLP, Brief contents and the present Status) with regard to SLPs of their department filed by them in the Apex Court. Sd/- Senior Accounts Officer (PR) for Financial Commissioner Principal Secy. to Govt., Haryana, Finance Department.

***************

763

No. 15/48/89/Acctt/HBPE (FD) From The Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

To The Managing Director/Chief Administrator/ Chief Executive Officer. Chandigarh, dated the 22nd August, 2005 Subject : Procedure for sending proposals to the Haryana Bureau of Public Enterprises

(HBPE) for placing before the Standing Committee on Public Enterprises. Sir, I am directed to invite your attention to the Government notification No. 15/48/89/ ARO-II/HBPE, dated 20.11.89 and corrigendum of even No. dated 8.10.1990 vide which a Standing Committee was constituted to examine and decide the proposals for creation and upgradation of posts, their pay scales, mode of recruitment, terms and conditions of service and cases involving exemption from the existing instructions for effecting economy in expenditure concerning all the State Public Enterprises i.e. Boards, Corporations, Companies and Co-operative Institutions.

2. The procedure for sending proposals to the HBPE for placing before the Standing Committee on Public Enterprises was detailed in the instructions issued by this office letter of even No. dated 15.12.2000. The matter has been reconsidered and in order to avoid repetition and streamline the process, it has been decided that henceforth the procedure for sending proposals by State Public Enterprises for consideration of the Standing Committee on Public Enterprises will be as under :-

(i) The concerned State Public Enterprise should get its proposal pertaining to creation/upgradation of posts, revision of pay scales etc., approved from its Board of Directors. Subsequently, the Administrative Department should take approval of the competent authority as per the Standing Order of the Department. In case the Chief Minister is the Minister-In-charge of a Department, approval of the Administrative Secretary may only be taken. Thereafter such proposals should be forwarded for the approval of the Standing Committee.

(ii) The Member Secretary, Haryana Bureau of Public Enterprises will directly put up the decision (s) of the Standing Committee for approval of the Chief Minister. HBPE will thereafter convey the decision to the concerned quarters for implementation.

3. These instructions will supersede the earlier instructions issued vide letter of even No. dated 15.12.2000 (copy enclosed).

4. The receipt of this letter may kindly be acknowledged.

Yours faithfully, Sd/- Management Consultant, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

764

A copy is forwarded to all the Administrative Secretaries to Govt. Haryana for necessary action and to ensure that the procedure is strictly complied with. Sd/- Management Consultant, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department. To All the Administrative Secretaries to Govt., Haryana. U.O. No. 15/48/89/Acctt/HBPE (FD) Chandigarh, dated the 22nd August, 2005

***************

765

MOST IMMEDIATE No. 18/6/2003-3B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Heads of Departments in Haryana. Dated, Chandigarh, the 2nd September, 2005 Subject : Instructions regarding furnishing of the utilization certificates to the

Accountant General, Haryana. Sir, I am directed to invite your attention to the Finance Departments letter No. 18/6/2005-3B&C dated 4.3.2004 on the subject noted above and to say that the financial rules of Government require that where grants are given for specific purposes, certificates of utilization are to be obtained by the departmental officers and after verification, these should be forwarded to the Accountant General, Haryana, within 15 months from the date of sanction of the grant unless specified otherwise. The Finance Department has already issued instructions in this regard vide U.O. No. 18/13/2002-3B&C dated 26.11.2002 but it has come to the notice of the Finance Department that most of the departments are not following these instruction. PAC of Haryana Vidhan Sabha has taken a very serious view of it. You are, therefore, again requested that outstanding utilization certificates may kindly be sent to Accountant General, Haryana without any further delay. No further grant would be released to the departments, unless utilization certificate of previous grant is received in Finance Department. In future it may be ensured that all UCs reach Accountant General office within the stipulated period under intimation to the Finance Department. Yours faithfully, Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all Administrative Secretaries to Government, Haryana for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Administrative Secretaries to Govt., Haryana.

***************

766

These instructions have become obsolete.

COURT CASE DATE BOUND From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments The Chief Administrators, HUDA. No. 8/12/05-5PR(FD)

Dated, Chandigarh, the 9th September, 2005 Subject : Position of Court Cases with regard to grant of ACP Scales and Other cases

which are pending in the Apex Court. Reference FD‘s letter No. 8/12/2005-5PR(FD), dated 18.08.2005 on the subject cited above. 2. A copy of the proceeding of the meeting held on 23.08.2005 at 11.30 a.m. under the Chairmanship of Shri Bhaskar Chatterjee, IAS Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department is enclosed herewith for further necessary action. The required category wise information with regard to SLPs in ACP matter may be sent to Finance Department in 10 days positively. Sd/- Senior Accounts Officer (PR) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

767

PROCEEDINGS OF THE MEETING HELD ON 23.08.2005 AT 11.30 A.M. IN THE COMMITTEE ROOM (7th FLOOR) of HARYANA CIVIL SECRETARIAT UNDER THE CHAIRMANSHIP OF SHRI BHASKAR CHATTERJEE, IAS, FINANCIAL COMMISSIONER AND PRINCIPAL SECRETARY TO GOVERNMENT HARYANA, FINANCE DEPARTMENT List of the participants of the meeting is annexed at Annexure-A This meeting was convened on coming to the notice of the Finance Department that the Court Cases relating to ACP Scales which are pending in the Hon‘ble High Court as well as in the Hon‘ble Supreme Court are not being contested properly by the concerned Department. It was brought to the notice of the HODs that there are five types of cases wherein the employees are claiming benefit of ACP scales, which are as under :- 1. The employee who has been promoted from Group ―D‖ to Group ―C‖ or an

employee within Group ―C‖ are claiming ACP Scales on the basis that the said scale has been given to their juniors who has been recruited directly.

2. The employees who are claiming ACP Scales even after their promotions on

the basis of functional pay scale of promotional post which is not admissible under the provisions of ACP Rules.

3. The employees who have been appointed on transfer basis are claiming the

benefit of their past service for the purpose of ACP Scales. 4. The employees who were retrenched and subsequently re-employed in some

other departments are claiming the benefit of ACP Scales by counting their previous service.

5. The employees who have forgone their promotions. With regard to 1st Category of cases Model Draft was prepared by the Finance Department in the SLP filed in the case of State of Haryana v/s Man Singh. Now it has come to the notice of the Finance Department that the SLPs with regard to other categories of cases have also been drafted on the basis of Model Draft prepared by the Finance Department in Man Singh‘s case whereas the facts and circumstances of these cases were totally different and SLP was to be drafted in these cases on the basis of the facts of the case. During the course of meeting all the HODs were requested to contest these cases seriously and to pursue their cases regularly because some cases have been dismissed on the ground of delay. It was also suggested to file affidavit of condo nation of delay in those matters wherein SLPs has not been filed so far or refilled after removing objections of Hon‘ble Apex Court. It was also suggested to mention causes of delay and the persons, including Counsel, who are responsible for this delay in the said affidavit. With regard to counting of work charge service for grant of ACP Scale it was pointed out by the representative of HUDA that position with regard to Sita‘s Ram case is not within their knowledge. In this regard the factual position of the case of Sita Ram was brought to the notice of the Head of the Departments. In fact in the cases of PWD (three wings) in the main case State of Haryana v/s Sita Ram, 7 or 8 SLPs (one SLP against 20 Writ Petitions) have been filed by the State Government and the Apex Court has passed the orders, which is reproduced as under. ―THE PETITIONS FOR SPECIAL LEAVE TO APPEAL with a prayer for interim relief above mentioned being called on for hearing before the Court on the 14th day of February,

768

2005 UPON perusing the papers and hearing counsel for the Petitioners herein THIS COURT while directing issue of notice to the Respondents herein to show cause why Special Leave be not granted to the Petitioners herein to appeal to this Court against the Judgement and Order of the High Court mentioned DOTH ORDER that in the meantime contempt proceedings pursuant to the Judgement and Order dated 8th July, 2004 of the High Court of Punjab and Haryana at Chandigarh in CWP Nos. 12497, 13299, 17222, 17525, 17526, 17527, 18096, 15318, 15330, 15517, 15563, 16354, 16317, 16316, 16121 and 12702 of 2002,3157,3442,3564 and 4266 of 2003 shall remain stayed. AND THIS COURT DOTH FURTHER ORDER THAT THIS ORDER be punctually observed and carried into execution by all concerned; Witness the Hon‘ble Shri Ramesh Chandra Lahoti, Chief Justice of India, at the Supreme Court, New Delhi, dated this the 14th day of February, 2005.‖ It was also pointed that for filling SLP in the main case Sita Ram and Others (CWP 12497 of 2002), Irrigation Department has been appointed as Coordinator by the Finance Department and it was the duty of the Irrigation Department to pursue all these cases and to furnish latest information to all the concerned Departments. Since some cases of ACP Scales are fixed for final hearing information with regard to the SLP of each Department (Category-wise) is required to be provided to the Finance Department. It was pointed out by certain Head of the Departments that proper information is not being provided by the Standing Counsels with regard to position of their cases. They were advised to bring this into the notice of Administration of Justice Department for taking necessary action. The meeting ended with a vote of thanks to the Chair. Contd…

769

ANNEXURE - A List of participants of the meeting held on 23.08.2005 at 11.30 AM in the Committee Room (7th Floor) of Haryana Civil Secretariat under the Chairmanship of Shri Bhaskar Chatterjee, IAS, Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department. 1. Smt. Dheera Khandelwal, IAS, Special Secretary to Government, Haryana, Finance

Department.

2. Shri D.S. Dhesi, IAS, Transport Commissioner, Haryana.

3. Shri Dhanpat Singh, IAS. Director Agriculture/Horticulture.

4. Shri Swaranjit Singh, IPS, Home Guards & Civil Defence.

5. Shri Ramesh Krishan, Addl. Director (Health), Administration.

6. Shri S. K. Sharma, Additional.

7. Shri Ashwani Sharma, HCS, General Manager (P), Irrigation.

8. Shri Chaman Lal, Chief Engineer (Buildings).

9. Shri Karam Chand, Accounts Officer, Printing & Stationery.

10. Shri Lalit Kumar, Joint Director (Secondary Education).

11. Shri R.C. Garg, Engineer-in-Chief, Public Health.

12. Shri B. L. Arora, Joint Director (A).

13. Shri R.K. Garg, Joint Director, Public Relation.

14. Shri Kamlesh Kumar, JDA Industries.

15. Shri K.K. Bhugra, Engineer-in-Chief, HUDA.

16. Shri Hari Ram Saini, Registrar & Shri Balbir Singh, Superintendent, PWD (B&R).

17. Shri V.K. Sharma, Supplies & Disposal, Hr.

18. Shri V.K. Sharma, District Fisheries Officer.

19. Shri A.K. Bakshi, Dy. Distt. Attorney, HUDA, Panchkula.

20. Shri Kulmohan Singh, Addl. Director Industries, Industries Department.

21. Shri S.P. Duggal, Under Secretary, Food & Supplies Department.

22. Shri Zile Singh, Deputy Director, Urban Development.

23. Shri K.V. Setia, Accounts Officer, Architecture Department.

24. Shri S.P.Singh, Joint Director, Animal Husbandry & Dairying.

25. Shri Ranbir Singh Tewatia, Superintendent, D.S.E, Haryana.

26. Shri R.D. Lather, Superintendent, Irrigation Department.

27. Shri Ajit Singh, Dy. Superintendent, Public Health Department.

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770

[To be published in Haryana Government Gazette-Extra]

FINANCE DEPARTMENT

Notification No. 772-FD(ERAMU)-2005 Dated, Chandigarh, the 16th September, 2005 In pursuance of Government of India, Ministry of Finance guidelines, the Governor of Haryana is pleased to constitute a ―Monitoring Committee‖ to review the Own Fiscal Correction Path of the State Govt. and advise mid corrections as per requirement. The composition of the Monitoring Committee is as under:

1. Chief Secretary Chairman

2. Principal Secy. to Chief Minister Member

3. Financial Commissioner & Principal Secy., Member Finance Department

4. Financial Commissioner & Principal Secy., Member Planning Department

5. Financial Commissioner & Principal Secy., Member Excise & Taxation Department

6. Financial Commissioner & Principal Secy., Member Revenue Department

7. Financial Commissioner & Principal Secy., Member Transport Department

8. Special Secretary Finance (B) Member Secretary

2. The terms of reference of the Committee are :-

(i) To review the State‘s Own Fiscal Correction Path.

(ii) To suggest measures for achieving the annual targets of revenue and fiscal deficits.

(iii) To suggest level of user charges, grants and subsidies.

(iv) To suggest ways & means for raising additional resources through both tax and non-tax measures.

BHASKAR CHATTERJEE Chandigarh, the Financial Commissioner & Principal Secy. to Govt., 14.09.2005. Haryana, Finance Department. Endst. No. 772-FD(ERAMU)-2005 Dated, Chandigarh, the 16.09.2005 A copy is forwarded for information to :-

Chief Secretary, Haryana. Principal Secy. to Chief Minister, Haryana. Financial Commissioner & Principal Secy. to Govt. Haryana, Finance

Department. Financial Commissioner & Principal Secy. to Govt. Haryana, Planning

Department.

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Financial Commissioner & Principal Secy. to Govt. Haryana, Excise & Taxation Department.

Financial Commissioner & Principal Secy. to Govt. Haryana, Revenue Department.

Financial Commissioner & Principal Secy. to Govt. Haryana, Transport Department.

Special Secretary Finance (B) to Govt. Haryana, Finance Department.

Sd/- Deputy Director, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 772-FD(ERAMU)-2005 Dated, Chandigarh, the 16.09.2005 A copy is forwarded to the Controller, Printing & Stationery, Haryana, Chandigarh for publication of the Notification ibid in the Haryana Govt. Gazette (extra ordinary). He is requested to furnish 20 copies of Notification to the Finance Department (ERAMU). Sd/- Deputy Director, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 772-FD(ERAMU)-2005 Dated, Chandigarh, the 16.09.2005 A copy is forwarded for the information to the Accountant General (A&E), Haryana Chandigarh. Sd/- Deputy Director, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 772-FD(ERAMU)-2005 Dated, Chandigarh, the 16.09.2005 A copy is forwarded for information to :- All Administrative Secretaries to Govt., Haryana. All Heads of the Departments in Haryana. Commissioner, Ambala/Hisar/Rohtak/Gurgaon Divisions. All Deputy Commissioners in Haryana. Secretary to Governor Haryana, Chandigarh. The Director, Public Relation Department Haryana, Chandigarh. Sd/- Deputy Director, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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772

These instructions have become obsolete.

COURT CASE DATE BOUND REMINDER From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Department The Chief Administrator, HUDA. No. 8/12/05-5PR(FD)

Dated, Chandigarh, the 21st September, 2005 Subject : Position of Court cases with regard to grant of ACP Scales and Other cases

which are pending in the Apex Court. Reference FD letter No. 8/12/05-5PR(FD), Dated 18-8-05 and 9.9.05 on the subject cited above. Requisite information is still awaited from you. Therefore, you are again requested to supply the required information within three days positively. Sd/- Under Secretary for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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773

No. 2/2/05-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 22nd September, 2005 Subject : Grant of Advance for the purchase of Motor Cycle/Scooter/Moped and Bi-Cycle

to Haryana Government employees. Sir, In continuation of Finance Department circular letter No. 2/2/05-WM(6), dated 3rd August, 2005, I am directed to say that State Government has reconsidered the matter and it has been decided that henceforth there will be no need to furnish surety from permanent employee on non-judicial paper worth Rs. 15/-, in case of temporary employees seeking Cycle Advance. The amended Cycle Advance Form is enclosed. Other term and conditions mentioned in the check-list will remain unchanged. 2. The above instructions may please be brought to the notice of all officers/officials working under your control. Kindly acknowledge receipt. Yours faithfully, Sd/- (V.P. Goel) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/2/05-WM(6) Dated, Chandigarh, the 22nd September, 2005 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

774

A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners& Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 2/2/05-WM(6) Dated, Chandigarh, the 22nd September, 2005 No. 2/2/05-WM(6) Dated, Chandigarh, the 22nd September, 2005 A copy each is forwarded to the following for information and necessary action :- The Secretary to Governor, Haryana. Hon‘ble Speaker, Haryana Vidhan Sabha. The State Election Commissioner, Haryana. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana. Sd/- Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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775

These instructions have become obsolete.

MOST IMMEDIATE No. 20/1/2002-6B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments. in Haryana State. Dated, Chandigarh, the 22nd September, 2005 Subject : Reconciliation of departmental figures of expenditure & receipts with those of

Accountant General, Haryana at the end of July, 2005. Sir,

I am directed to invite your attention towards the Finance Department letter No. 20/1/2001-6B&C dated 22-2-2004, on the subject noted above vide which you were requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to Finance Department. The Accountant General (A&E), Haryana has again brought to the notice of Finance Department that some of the Departments (List enclosed) have yet not initiated the reconciliation work under 8 major heads.

Reconciliation of Receipt & Expenditure figures with those of A.G. (A&E) office is extremely essential for the error free maintenance and efficient management of state finance. It is, therefore, again requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to the Finance Department (in B&C Br).

This may please be treated as most urgent.

Yours faithfully,

Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 20/1/2002-6B&C Dated 22nd September, 2005 A copy is forwarded to the Sr. Dy. Accountant General (A/E), Haryana w.r.t his letter No. Appn.A/cs/ROE, 2005-06/849, dated 31.08.2005 for information

Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to the Superintendent, Ways & Means Br for information and

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necessary action. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Superintendent, Ways & Means Br.

U.O. No. 20/1/2002-6B&C Dated 22nd September, 2005

Departments which have not reconciled their Receipt and Expenditure figures under the following Heads of Accounts from 3/2005 onwards.

Sr. No.

Major Head Controlling Officer

1. 1601 Grant in aid from Central Government All Heads of Departments

2. 4705-Capital Outlay on Command Area Development

Admn. Command Area Development.

3. 2416-Agricultural Financial Institutions There is no budget under this head which is to be reconciled.

4. 2055 & 0055-Police 4055-Capital Outlay on police

Director General, Police.

5. 4425 & 4435 & 0425-Co-Operation. Registrar Co-Operative Societies.

6. 2210 & 0210- Medical & Public Health 4210-Capital Outlay on Medical and Public Health

Dir. General Health Service, Ayurveda, ESI, & PGI, MS, Rohtak.

7. 2211 & 0211-Family Welfare 4211-Capital Outlay on Family Welfare.

Director, Health Services and Family Welfare.

8. 0235 & 2235- Social Security and Welfare. 4235-Capital Outlay on Social Security and Welfare

Dir. Social Wel. S & Social Justice & Empowerment, Hr.

9. 0408 & 2408-Food 4408-Capital Outlay on Food.

Director, Food and Supply, Hr.

10. 0075 - Miscellaneous General Services. Lotteries Department, Haryana.

11. 2204-Sports and Youth Service Director, Sports, Haryana.

12. 2402-Soil and Water Conservation Director, Soil and Water conservation.

13. 2406 & 0406 - Forestry and Wild Life. P.C.C.F.

14. 0021-Taxes on income other than Corp. Tax. Finance Department, Haryana.

15. 2047-Other Fiscal Services, Director, Small Savings.

16. 2049-Interest Payment. Accountant General (A&E), Haryana, TDH, III Section.

17. 0049-Interest Receipts All Heads of Departments.

18. 2051 & 0051-Public Service Commission. Chairman. H.P.S.C.

19. 2057 & 0057 - Supplies and Disposal Director, Supplies and Disposals.

20. 2215 & 0215 Water Supply and Sanitation Engineer-in-Chief (P.H.) Hr.

21. 0404 & 2404 - Diary Development Milk Commissioner, Haryana.

22. 2250 & 0250 - Other Social Services. Chief Electoral Officer & Financial Commissioner, Revenue.

23. 3425 & 1425-Other Scientific Research Director, Science and Technology.

24. 3435-Ecology and Environment Director, Environment.

25. 3452 & 1452-Tourism Director, Tourism.

26. 0050-Dividends and Profits. All Heads of Departments

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777

No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioners of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 22nd September, 2005 Subject : Disbursement of pay and allowances/pension for the month of September,

2005. Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st and 2nd October, 2005 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the month of September, 2005 for all Gazetted/non-Gazetted Haryana Government employees and pension/family pension for the month of September, 2005 for the Haryana Govt. pensioners as well as others who are drawing their pension/family pension from Haryana Government Treasuries may be drawn and disbursed on the 30th September, 2005. Yours faithfully, Sd/- (B.B. KAUSHIK) Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4F.R Dated, Chandigarh, the 22-9-2005 A copy is forwarded to the Accountant General, Haryana (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (B.B. Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 22-9-2005

778

A copy is forwarded to all the Treasury Officer/Assistant Treasury Officer for Haryana State for information. Sd/- (B.B. Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners, Haryana and All Administrative Secretaries to Govt., Haryana for information. Sd/- (B.B. Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners, Haryana. All Administrative Secretaries to Govt., Haryana. U. O. No. 2/1/2/90-4FR Dated, Chandigarh, the 22-9-2005 A copy is forwarded to the Principal Secretary/Addl. Principal Secretary I&II, OSD l & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for information of Chief Minister/Deputy Chief Ministers/Ministers, Haryana Sd/- (B.B. Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/AddI. Principal Secretary I & II,

OSD l & II/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Deputy Chief Minister/Ministers, Haryana. U. O. No. 2/1/2/90-4FR Dated, Chandigarh, the 22-9-2005

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779

These instructions have been Revised vide No. 28/5/2009-1B&C, Dated 16.01.2009.

No. 6/2/97-4FR

From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments, All Commissioners of Divisions, All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh.

Dated, Chandigarh, the 26th September, 2005

Subject : City Compensatory Allowance.

Sir, I am directed to invite a reference to Haryana Govt. Finance Department circular letter No. 6/2/97-3FR-II dated 13-8-1998 on the subject noted above and to say that for some time past, the State Government have had under their consideration the question of granting City Compensatory Allowance on the basis of latest census population figure of 2001. Accordingly, after careful consideration, it has been decided that City Compensatory Allowance for the employees stationed at Jind, Kaithal and Thanesar (Kurukshetra) may be granted at the rate of 1½% of their pay subject to the maximum of Rs. 100/- per month w.e.f. 17-6-2005. The other conditions for grant of City Compensatory Allowance will, however, remain unchanged.

2. The arrear will be paid in cash.

Yours faithfully,

Sd/- (B.B. KAUSHIK) Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 6/2/97-4FR Dated, Chandigarh, the 26th September, 2005

A copy is forwarded for information and necessary action to the :-

Accountant General (A&E) and (Audit) Haryana, Chandigarh with 30 spare copies.

Finance Secretary, Chandigarh Administration, Chandigarh. All Treasury Officers/Assistant Treasury officers of Haryana, in

Haryana/Chandigarh/Delhi. Director, Treasuries & Accounts Haryana with 30 spare copies for

information of A.Os etc. Sd/- (Surinder Mohan) Superintendent Finance Regulation for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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780

These instructions have become obsolete.

DATE BOUND From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments The Chief Administrator, HUDA. No. 8/12/05-5PR(FD)

Dated, Chandigarh, the 27th September, 2005 Subject : Position of Court Cases with regard to grant of ACP Scales and Other cases

which are pending in the Apex Court. Please refer to this department memo No. 8/12/05-5PR(FD), dated 9.9.05 followed by reminder of even number dated 21.9.05 on the above noted subject. The requisite information asked for vide above quoted reference i.e. category wise detail of SLPs in the ACP matters pending in the Apex Court is still awaited from you. It has been decided to convene a meeting to review the position of court cases. Therefore, a meeting under the Chairmanship of Shri R.K. Kataria, IAS, Joint Secretary Finance will be held in a Committee Room of 7th Floor, Haryana Civil Secretariat Chandigarh on 6.10.2005 at 12.30 p.m. The concerned Heads of the Department are requested to attend the meeting either themselves or to depute an officer of the rank of Joint Director, Incharge of such cases to attend the meeting at the fixed time & venue. The requisite information pertaining to, pending court cases in the Apex. Court may be sent to FD through special messenger at least one day in advance of date fixed for the meeting. Sd/- Senior Accounts Officer (PR) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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781

No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Chandigarh. To All Heads of Department, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 27th September, 2005. Subject : Disbursement of pay and allowances/pension for the month of September. Sir, In modification to Haryana Government letter No. 2/1/2/90-4FR dated 22-9-2005 the Governor of Haryana is pleased to decide that the pay & allowances for the month of September, 2005 for all Gazetted/non-Gazetted Haryana Govt. employees and pension for the month of September, 2005 for Haryana Govt. pensioners as well as others who are drawing their pension from Haryana Government Treasuries may now be drawn and disbursed on the 28th September, 2005 instead of 30th September, 2005. Yours faithfully, Sd/- (B.B. Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 2/1/2/90-4FR Dated, Chandigarh the 27th September, 2005 A copy is forwarded to the Accountant General, Haryana (A&E) and (Audit), Haryana, Chandigarh for information. Sd/- (B.B. Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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782

No. 36/2/2k5-WM(6) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in the State of Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 14th October, 2005 Subject : Grant of interest free Festival Advance to Class IV Government employees

during the year 2005-2006. Sir, I am directed to address you on the subject noted above and to say that the State Government has decided to grant an interest free festival advance @ Rs. 1500/- (Rupees One thousand and five hundred only) to all Class IV Govt. employees in the State who apply for it. 2. The advance will be admissible to permanent/temporary Class IV employees and to adhoc employees who are continuing in service for the Iast one year and are likely to continue for another four months, on furnishing surety of a permanent Government employee. The advance will be sanctioned by the Drawing & Disbursing Officers concerned who would, in the case of temporary employees, allow advance on the basis of a surety to their satisfaction so that it is fully secured and its recovery is ensured from the loanee before the close of the financial year 2005-2006. 3. The following conditions should also be observed in sanctioning this advance :-

(i) The Drawing & Disbursing officer concerned, before sanctioning the advance, should satisfy himself that the incumbent will continue in service until full recovery of the total amount of the advance is effected.

(ii) The advance will be recovered in four equal monthly instalments and the entire advance should be recovered from the pay of the employees before the close of the financial year 2005-2006.

(iii) The advance may be drawn and disbursed on or before 01/11/2005.

(iv) The advance will not be admissible to work charged & contingent paid staff and daily wagers.

(v) The advance should not be granted by parent Departments to those Class IV employees who are on deputation to other Governments/Corporations and Local Bodies etc.

(vi) If both husband & wife are employed, the advance should be allowed to only one of them.

783

4. It is requested that the schedule of recoveries should be attached with each bill in the enclosed Performa-I. It is also requested that the detailed accounts of the recoveries of the advance should be maintained by the Drawing and Disbursing Officer which should be reconciled with the office of the Accountant General, Haryana (A&E) Chandigarh every month. 5. The expenditure incurred on the grant of festival advance may be communicated to the Finance Department (in Ways & Means Br.) by the Head of Departments by the end of December, 2005 in the enclosed Performa-Il. 6. The expenditure will be debited to the Major Head ‗7610-Loans- to Government Servants etc. 800-Other Advances (98) Festival Advance (50) Advances Non Plan). The recoveries made will be credited to the corresponding receipt head i.e. 7610-Loans to Governments Servants etc. 800-Other Advances (98) Festival Advances (Receipt). Yours faithfully, Sd/- (D.R. Lamba) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 36/2/2k5-WM(6) Dated, Chandigarh, the 14th October, 2005 A copy is forwarded to the Accountant General, (A&E and Audit) Haryana

Chandigarh for information and necessary action. The expenditure will be debited against Grant No. 25 under Major Head ―7610-Loans

to Government Servants etc.-800 other Advances-(98) Festival Advance 50) Advances.

The detailed account of recoveries will be maintained by the Drawing & Disbursing Officers.

Sd/- (D.R. Lamba) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 36/2/2k5-WM(6) Dated, Chandigarh, the 14th October, 2005 A copy is forwarded to all Treasury Officers/Assistant Treasury Officers, in Haryana with the request that the stipulated date may please be strictly followed and no bill be passed after 01.11.2005. The, payment made on the basis of the sanction issued by the department concerned would be treated as payment authority in relaxation of Rule 4.113 of S.T.R. Vol. I. Sd/- (D.R. Lamba) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A Copy is forwarded to all Financial Commissioners & Principal Secretaries/

784

Administrative Secretaries to Government Haryana for information and necessary action. Sd/- (D.R. Lamba) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners & Principal Secretaries/

Administrative Secretaries to Govt., Haryana. U.O. No. 36/2/2k5-WM(6) Dated, Chandigarh, the 14th October, 2005 A copy each is forwarded to the Principal Secretary/Additional Principal Secretary I & II/Officers on Special Duty I & II/Media Advisor/Pol. Secretary/Senior Secretaries/ Secretaries/ Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information to Chief Minister/ Deputy Chief Minister/Ministers, Haryana. Sd/- (D.R. Lamba) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary I & II/

Officers on Special Duty I & II/Media Advisor/Pol. Secretary/ Senior Secretaries/Secretaries/Private Secys. to Chief Minister/ Deputy Chief Ministers/Ministers.

U.O. No. 36/2/2k5-WM(6) Dated, Chandigarh, the 14th October, 2005 No. 36/2/2k5-WM(6) Dated, Chandigarh, the 14th October, 2005 A copy is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. Hon‘ble Speaker, Haryana Vidhan Sabha. State Election Commissioner, Haryana. Resident Commissioner, Government of Haryana, Haryana Bhawan, New Delhi. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana State. Sd/- (D.R. Lamba) Under Secretary Finance (B) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

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PROFORMA - I

SCHEDULE OF RECOVERIES

S. No. Name & Designation of employee(s)

Total amount of advance

Recoveries upto last month

1 2 3 4

Amount of advance recovered in this bill

Total amount of recovered upto date Balance Remarks

5 6 7 8

PROFORMA - II

Name of Department

Name of Office Drawing & Disbursing Officer

Amount of Festival advance granted drawn and

disbursed to the employees

1 2 3 4

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No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 19th October, 2005. Subject : Disbursement of Pay and Allowances/Pension for the month of October, 2005.

Sir, I am directed to say that in view of the Gazetted holidays falling on the 1st and 2nd November, 2005 on account of Haryana-Day/Diwali and Vishkarama-Day respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the October, 2005 for all Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of October, 2005 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 31st October, 2005.

Yours faithfully, Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 19th October, 2005 A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 19th October, 2005

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A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for Haryana State for information. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana for information. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana. U.O. No. 2/1/2/90-4FR Dated, Chandigarh, the 19th October, 2005 A copy is forwarded to the Principal Secretary/Addl. Principal Secretary I&II, OSD l & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for information of Chief Minister/Deputy Chief Ministers/Ministers, Haryana. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/AddI. Principal Secretary I & II,

OSD l & II/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Deputy Chief Minister/Ministers, Haryana.

No. 2/1/2/90-4FR Dated, Chandigarh, the 19th October, 2005.

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MOST IMPORTANT Subject : Guidelines for quick disposal of cases. Will all the Financial Commissioners & Principal Secretaries/Administrative Secretaries to Government of Haryana kindly refer to the subject noted above? 2. While examining the proposals received from various departments it has been very often observed that the proposals contain many deficiencies, which put hindrances for quick decision in the matter resulting in back reference to the department and consequent delay. There is increasing tendency on the part of the Administrative Department (AD) to send cases to Finance Department (FD) without proper examination at their own level. Even the instructions issued from the FD from time to time are not looked into in detail. In some cases even the proposals are not approved by the concerned Administrative Secretary before they are sent to FD. Hence in future, the following points must be kept in view while submitting any proposal of F.D. :- (a) While submitting a proposal, the A.D. must mention clearly whether this is a

new scheme or an ongoing one. (b) The financial implication of the proposal must be accurately calculated and be

mentioned explicitly. (c) It may be indicated whether the required amount is available in the budget of

the department for the current year or it requires a special allocation over and above the sanctioned budget. New proposals should variably be sent through the Secretary of the Department.

(d) In cases involving enhancement of plan provisions, the same may be referred to F.D. only after getting the approval of Planning Department in this regard.

3. The Proposals involving issues like promotions, upgrading of posts etc. it should be ensured by AD that :- (a) If due to stagnation, a post is proposed to the upgraded for a particular officer,

the line of promotion in the proposed cadre be mentioned along-with scale of feeder post.

(b) The details of the feeder posts may be indicated for that proposed upgraded post.

(c) It may be stated whether the new post (i.e. upgraded one) is available in the department or to be created or whether there is provision in the departmental rules for promotion to that post. A.D. must certify that the proposal does not harm the interest of any other officer/official and does not give rise to similar claim by other officers/officials of the Department

(d) The finance implication of such proposal must also be clearly mentioned. 4. The proposal for creation of post(s) must contain the following :-

(a) whether the post is required for any specific period?

(b) Whether it involves any payment of back wages or regularization of service? 5. It is also observed that in compliance of court orders on subject like payment of awards or compensation, cases are sent by Administrative Department to Finance Department in routine manner without examination on merits. AD should ensure that in compliance of the Court judgment, if any decision is to be taken at the level of AD, they should not be sent to FD unless it is required under the provision of rules. The order of the Court must be read carefully

789

and complied with within the stipulated time frame. Disciplinary action against the officer/official responsible for acts of commission/omission/delay resulting into dismissal of appeals, petitions etc./and financial loss to the Govt. must be taken. If the order interalia contains two aspects, while sending the case to FD for approval on financial issues, the AD must state the action taken on the administrative part of the Court decision. In the process if any legal advice is needed from LR/AG‘s office, the department may do so at their own level before referring the matter to Finance Department. 6. AD must mention that implementing the order of the court does not involve violation of Department rules/instructions. If the court order involves creation of post, which the department may not have at present, then it must be mentioned as to when the next vacancy is likely to occur in that cadre. Proposal to be sent to FD in this regard must contain all such necessary details. 7. Referring cases to FD involving routine matters like reply to legal notices should be avoided. 8. The directions of Hon‘ble courts to pass a speaking order does not always mean that petitioner is entitled to said relief. Therefore, the AD must carefully look into all the aspects of the case and pass speaking order on merit at their own level. If at all any advice on specific point is required from FD only then the matter may be referred to FD giving full details and reasons thereof alongwith copies of judgment. 9. Before seeking advice of FD, the AD must keep in view the delegation of powers to AD issued by the FD from time to time. Sd/- Under Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana. U.O. No. 5/8/2005-1B&C Dated : 21st October, 2005. A copy is forwarded to All Officers/Superintendents of the Finance Department for information and necessary action. Sd/- Under Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Officers/Superintendents of the Finance Department. U.O. No. 5/8/2005-1B&C Dated : 21.10.2005.

***************

790

These instructions have become obsolete.

COURT CASE DATE BOUND From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments The Chief Administrator, HUDA. No. 8/12/05-5PR(FD) Dated, Chandigarh, the 24th October, 2005 Subject : Position of Court Cases with regard to grant of ACP Scales and Other cases

which are pending in the Apex Court. Reference FD‘s letter No. 8/12/2005-5PR(FD), dated 18.08.2005, 27.9.05 and 29.9.05 on the subject cited above. A copy of the proceeding of the meeting held on 3.10.2005 at 12.30 p.m. under the Chairmanship of Shri R.K. Kataria IAS. Joint Secretary to Govt. Haryana Finance Department is enclosed herewith for further necessary action. The required category wise information with regard to SLP‘s in ACP matter may be sent to Finance Department in 10 days positively. Sd/- Senior Accounts Officer (PR) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Contd… Encl.

791

PROCEEDINGS OF THE MEETING HELD ON 3.10.2005 AT 12.30 P.M. IN THE COMMITTEE ROOM (7th FLOOR) of HARYANA CIVIL SECRETARIAT UNDER THE CHAIRMANSHIP OF SHRI R.K. KATARIA IAS, JOINT SECRETARY TO GOVERNMENT HARYANA, FINANCE DEPARTMENT List of the participants of the meeting is annexed at Annexure-A At the very outset, Shri R.K. Kataria, (IAS, Joint Secretary to Govt., Haryana, Finance Department explained the purpose of the meeting. He explained that there are five types of cases where in the employees are claiming benefit of ACP Scales, which was discussed in detail in the previous meeting held on 23.08.2005 in the Chairmanship of Shri Bhaskar Chatterjee, IAS, Financial Commissioner & Principal Secretary to Govt., Haryana, Finance Department which are re-produce as under :- 1. The employee who has been promoted from Group ―D‖ to Group ―C‖ or an

employee within Group ―C‖ are claiming ACP Scales on the basis that the said scale has been given to their juniors who has been recruited directly.

2. The employees who are claiming ACP Scales even after their promotions on

the basis of functional pay scale of promotional post which is not admissible under the provisions of ACP Rules.

3. The employees who have been appointed on transfer basis are claiming the

benefit of their past service for the purpose of ACP Scales. 4. The employees who were retrenched and subsequently re-employed in some

other departments are claiming the benefit of ACP Scales by counting their previous service.

5. The employees who have forgone their promotions. On 23.08.2005 all the HOD were requested to send the complete information category wise i.e. 1 to 5 but almost departments are failed to send the category wise report. Shri R.K. Kataria, IAS, Joint Secretary, Finance advised the participants and their representatives that in court cases reply should be checked carefully by verifying the full facts from the original record personally. This work should not be left with the official at lower levels and Officer Incharge should take personal attention in such matters and they would be wholly responsible for filing the SLPs in the Hon‘ble Supreme Court and a senior level officer of the Department be made responsible and deputed for this purpose. It was also pointed out by the participants that the standing Counsels in Supreme Court are not properly filing the SLPs in time causing unjustified delay in the matter and no receipt is given to the Department when papers are handed over to Standing Counsel. In this regard it was decided that papers relates to SLPs be submitted in legal cell in future and proper receipt may be taken from legal cell Haryana Bhawan New Delhi. Further it was decided that complete information regarding category wise detail of pending SLP be sent to Finance Department within 10 days and further no SLP be filed in Hon‘ble Supreme Court without consulting FD. The meeting ended with a vote of thanks to the Chair.

792

ANNEXURE - A List of participants of the meeting held on 3.10.2005 at 12.30 p.m. in the Committee Room (7th Floor) of Haryana Civil Secretariat under the Chairmanship of Shri R.K. Kataria, IAS, Joint Secretary Finance to Government Haryana, Finance Department. S/Shri/Smt.

1. Ram Pal Keshwer, Additional Director, Technical Education.

2. Shiv Dayal Thareja, Joint Transport Commissioner, Transport.

3. M.P. Bhandari, SE. Public l-lea.

4. lshwar Singh Dahiya, Joint Director (Admn.) Panchayat.

5. Raj Pal Singh, Joint Director, Industrial Training & Vocational Education.

6. Ramesh Krishnan, Addl. Director, DGHS.

7. A.K. Sharma, Distt. Employment Officer, Employment.

8. S.P.S. Yadav, Dy. Director, DSE.

9. Neelam, ADA, DSE.

10. K.K. Jasuja, ADA, DSE.

11, M.N. Chawla, Supdt., Fisheries.

12. Subash Chugh, E.O., Horticulture.

13. Subash Chander, Asstt. Director (Admn), Agriculture

14. Zile Singh, Deputy Director, Urban Development.

15. K.S. Gill, Jt. Director, PWD (B&R).

16. Kuldhir Singh, Joint Director (Admn), Ayurveda.

17. Karamvir, ADA, Women & Child.

18. O. P. Pasricha, Deputy Director, Treasury & Accounts.

19. Dr. Rajwanti, Dy. Director, Archives.

20. Pushpa Ahuja, Dy. Director, Women & Child.

21. Rattan Ram

22. V.P. Dahiya, ADO, Advocate General.

23. R.D. Lather, Supdt. Irrigation.

24. K.D. Malik, E.O., Irrigation.

25. K.V.Setia, AO, Architecture.

26. H.C. Jain, Dy. Supdt., PWD (B&R).

27. Mahavir Singh, Joint Registrar (Admn), Registrar Coop. Societies.

28. Parveen Kumar, Dy. D.A., Registrar Coop. Societies.

29. Kuldeep, ADA, Primary Education.

30. Mahipal, ADA, Primary Education.

31. Ved Pal, USSE. Haryana Civil Sectt.

32. S.P. Duggal, Under Secretary, Food & Supplies.

33. H.D. Bali, J.S.O., Home Guard & Civil Defence.

34. Pradeep Kumar, DCF (HQ), PCCF. Haryana.

***************

793

No. 4/2/98-1FR/3808

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

Chandigarh, the 27th October, 2005 To All Head of Departments, Commissioner of Divisions, All Deputy Commissioners Sub Divisional Officers (Civil) in Haryana. Registrar, Punjab and Haryana High Court, Chandigarh Subject : Payment of Dearness Allowance - Revised rates effective from 01-07-2005. Sir, I am directed to refer to this department circular letter No. 4/2/98-1FR/1400, dated 03rd May, 2005 regarding the subject noted above and to say that the Governor of Haryana is pleased to decide that the Dearness Allowance payable to Haryana Government employees shall be enhanced from the existing rates of 17% to 21% of the pay w.e.f. 1st July, 2005. 2. The other provisions regarding payment of dearness allowance contained in FD letter No. 4/2/98-1FR-II/623, dated 30-4-1999 and for those employees who opted to retain pre-revised scales in their case provisions contained in para 2 of letter No. 4/2/98-1FR/654, dated 23rd June, 2000 shall continue to be applicable while regulating Dearness Allowance under these orders. However, with effect from 01-04-2004, Dearness Allowance will be computed on the basis of Basic Pay, Dearness Pay and NPA. 3. The arrears on account of enhancement in Dearness Allowance from 1st July, 2005 to 31st October, 2005 in respect of all Government employees shall be credited to their General Provident Fund Account. However, it will be paid in cash from 1st November, 2005 i.e. for the month of November, 2005 paid in December, 2005. 4. Copy of this order is also available on website which can be downloaded from the site ―www. haryana.nic.in‖. Yours faithfully, Sd/- (B.B. Kaushik) Under Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

**************

794

These instructions have become obsolete.

MOST IMMEDIATE No. 20/1/2002-6B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

All Heads of Departments in Haryana State. Dated, Chandigarh, the 28th October, 2005 Subject : Reconciliation of departmental figures of expenditure & receipts with those of

Accountant General, Haryana at the end of August, 2005 Sir, I am directed to invite your attention towards the Finance Department letter No. 20/1/2001-6B&C dated 22-2-2004, on the subject noted above vide which you were requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to Finance Department. The Accountant General (A&E) Haryana has again brought to the notice of Finance Department that some of the Departments (List enclosed) have yet not initiated the reconciliation work under 32 major heads. Reconciliation of Receipt & Expenditure figures with those of A.G. (A&E) office is extremely essential for the error free maintenance and efficient management of state finance. It is, therefore, again requested that the reconciliation work pertaining to D.D.Os under your control must be initiated and completed immediately under intimation to the Finance Department (inB&C.Br). This may please be treated as most urgent. Yours faithfully, Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 20/1/2002-6B&C Dated 28th October, 2005

A copy is forwarded to the Sr. Dy. Accountant General (A/E), Haryana w.r.t his No. Appn.A/cs/ROE, 2005-06/1000, dated 5.10.2005 for information Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

795

A copy is forwarded to the Superintendent, Ways & Means Br for information and necessary action. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Superintendent, Ways & Means Br.

U.O. No. 20/1/2002-6B&C Dated 28th October, 2005

Departments which have not reconciled their Receipt and Expenditure figures under the following Heads of Accounts from 3/2005 onwards.

Sr. No.

Major Head Controlling Officer

1. 2055 & 0055 - Police

4055 - Capital Out police

Director General, Police.

2. 2425 & 4435 & 0425 - Co-Operation. Registrar Co-Operative Societies.

3. 2210 & 0210 - Medical & Public Health

4210 - Capital Outlay on Medical and Public Health

Dir. General Health Service, Ayurveda, ESI, & PGI, MS, Rohtak.

4. 4211 - Capital Outlay on Family Welfare. Director, Health Services and Family Welfare.

5. 4235 - Capital Outlay on Social Security and Welfare Dir. Social Wel. S & Social Justice & Empowerment, Hr.

6. 0408 & 2408-Food

4408 - Capital Outlay on Food.

Director, Food and Supply, Hr.

7. 0075 - Miscellaneous General Services. Lotteries Department, Haryana.

8. 2402 - Soil and Water Conservation Director, Soil and Water conservation.

9. 2406 & 0406 - Forestry and Wild Life. P.C.C.F.

10. 0021 - Taxes on income other than Corp. Tax. Finance Department, Haryana.

11. 2047 - Other Fiscal Services, Director, Small Savings.

12. 2049 - Interest Payment. Accountant General (A&E), Haryana, TDH, III Section.

13. 0049 - Interest Receipts All Heads of Departments.

14. 2051 & 0051 - Public Service Commission. Chairman. H.P.S.C.

15. 2057 & 0057 - Supplies and Disposal Director, Supplies and Disposals.

16. 2215 & 0215 - Water Supply and Sanitation Engineer-in-Chief (P.H.) Hr.

17. 2250 & 0250 - Other Social Services. Chief Electoral Officer & Financial Commissioner, Revenue.

18. 3435-Ecology and Environment Director, Environment.

19. 3452 & 1452 - Tourism Director, Tourism.

20. 0050 - Dividends and Profits. All Heads of Departments

21. 0435 - Other Agricultural Programmes Director, Agriculture, This one should be identified.

***************

796

HARYANA GOVERNMENT

FINANCE DEPARTMENT

Notification

The 28th October, 2005

No. 1/1/2004-1Pension.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume I, Part-I as applicable to the State of Haryana, namely :-

1. (1) These rules may be called the Punjab Civil Services Rules Volume-I Part-I (Haryana -- Amendment) Rules, 2006.

(2) They shall come into force on the 1.1.2006

2. In the Punjab Civil Services Rules, Volume I, Part I, in rule 1.2,-

(i) In clause (5), for sign ―.‖ existing at the end the sign ―:‖ shall be substituted; and

(ii) The following proviso shall be added at the end, namely :-

―Provided that the rules in Volume II of these rules called the Punjab Civil Services Rules, Volume II‖ shall not apply to the Government employees who are appointed to the posts mentioned in categories (1) to (5) above on or after 1st day of January 2006. They shall be covered by the ‗New Defined Contribution Pension Scheme‘ to be notified by the Government‖.

BHASKAR CHATTERJEE

Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

***************

797

HARYANA GOVERNMENT

FINANCE DEPARTMENT

Notification

The 28th October, 2005 No. 1/1/2004-1Pension.— In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules further to amend the Punjab Civil Services Rules, Volume I, Part-I as applicable to the State of Haryana, namely:- 1. (1) These rules may be called the Punjab Civil Services Rules Volume-I Part-I (Haryana -- Amendment) Rules, 2006. (2) They shall come into force on the 1.1.2006. 2. In the Punjab Civil Services Rules, Volume I, Part I, in rule 1.2,-

(i) In clause (5), for sign ―.‖ existing at the end the sign ―:‖ shall be substituted;

and (ii) The following proviso shall be added at the end, namely:- ―Provided that the rules in Volume II of these rules called the ‗Punjab Civil

Services Rules, Volume II‘ shall not apply to the Government employees who are appointed to the posts mentioned in categories (1) to (5) above on or after 1st day of January, 2006, they shall be covered by the ‗New Defined Contribution Pension Scheme‘ to be notified by the Government‖.

BHASKAR CHATTERJEE Financial Commissioner & Principal Secretary to Govt.,

Haryana, Finance Department.

**************

798

GOVERNMENT OF HARYANA DEPARTMENT OF FINANCE

Office Memorandum

No. 4/7/99-6FR/4030 Dated: Chandigarh, 18th November, 2005.

Subject : Grant of dearness relief to the pensioners/family pensioners of the Haryana Government on the revised pension/family pension w.e.f. 1.7.2005.

Sir/Madam,

I am directed to invite a reference to this department circular letter No. 4/7/99-6FR/1639 dated the 3rd June, 2005 on the subject noted above and to state that the Governor of Haryana is pleased to decide that the Dearness Relief shall be paid to the Haryana Government pensioners/family pensioners to compensate them for the rise in cost of living at the rate of 21% w.e.f. 1.7.2005.

2. Payments of dearness relief involving a fraction of rupee shall be rounded off to the next higher rupee if the same is 50 paisa or above. Conversely, it will be rounded off to the lower side if the same is less than 50 paisa.

3. These orders will not apply to the pensioners, whose pension have been determined on adhoc basis without reference to the emoluments drawn by them, that is, political pension, special pension, war risk pension, etc. The relief will also not be admissible to the re-employed pensioners during the period of re-employment.

4. The dearness relief mentioned above will not be admissible to employees permanently absorbed in the bodies controlled or financed by Government or Municipality, Panchayat Samities or Zila Parishad. A Government employee who on permanent absorption in the said bodies elects the alternative of receiving the death-cum-retirement gratuity and lumpsum in lieu of pension, as permissible in accordance with rule 5.3 of the Punjab Civil Services Rules, Volume II as amended from time to time and as applicable to the pensioners/family pensioners under the rule making power of Haryana Government, will not be eligible to receive the relief and dearness relief even after he has ceased to be in the employment of the organisation concerned.

5. In view of the position stated above Haryana Govt. pensioner shall be entitled for payment of dearness relief as a uniform rate of 21% on revised basic Pension/Family Pension w.e.f. 1.7.2005. Therefore, it has been decided that it will be the responsibility of the pension disbursing authority, including the Nationalised Banks etc. to calculate the quantum of dearness relief payable in each individual case.

6. The expenditure involved will be debitable to the Major Head "2071-Pensions and Other Retirement Benefits".

7. Copy of this order is also available on website which can be downloaded from the site www.haryana.nic.in.

8. Receipt of this letter may please be acknowledged. Yours faithfully, Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Secretary to Govt., Haryana, Finance Department.

***************

799

No. 2/160/04-WM(1) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments in Haryana, All Commissioners of Divisions in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, All District & Sessions Judges in Haryana State. Dated, Chandigarh, the 23rd November, 2005 Subject : Grant of House Building Advances to Haryana Government employees -

instructions regarding submission of utilisation certificate. Sir, I am directed to refer to the Finance Department letter No. 2/137/84-WM(7) dated 10-9-84 on the subject noted above and to say that it has been observed that where the 20% of the total admissible amount is earmarked by FD, the departments send stereotype utilisation certificates i.e. the house has been completed upto plinth level or when the balance of 40% is earmarked, then the departments send the same type of utilisation certificates of plinth level or intimate that the amount has been fully utilised for the purpose for which it was drawn, which is not proper i.e. false utilization certificates are submitted to the Finance Department by the Administrative Departments which not only cause hardship to the applicants, but it also increases the work of the Finance Department and concerned departments. To avoid unnecessary hardship to employees, it is made clear that where funds are earmarked in four instalments, utilisation certificates may be sent to the FD in future in the following manner :-

(i) After obtaining the amount of 20% (less than 40%), utilisation certificate indicating that the material has been purchased for the construction of house, should be submitted.

(ii) After obtaining the amount of next 20% (Balance of 40%), utilisation

certificate indicating that the house has been completed upto plinth level, should be submitted.

(iii) After the 2nd instalment of 30% has been obtained, utilisation certificate

indicating that the roofs have been laid, should be submitted. (iv) After obtaining the 3rd instalment, utilisátion certificate to the effect that the

house has been completed, should be submitted. 2. Other conditions for grant of House Building Advance as laid down in the rules/instructions issued by the Haryana Government, Finance Department from time to time remain unchanged.

800

3. The above instructions may please be brought to the notice of all officers/officials working under your control. 4. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (V.P. GoeI) Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/60/04-WM(1) Dated, Chandigarh, the 23rd November, 2005 A copy is forwarded to the Accountant General (Audit & A&E), Haryana, Chandigarh for information and necessary action. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to all the Financial Commissioners & Principal Secretaries/ Administrative Secretaries to Government of Haryana for information and necessary action. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners and Principal Secretaries/

Administrative Secretaries to Government, Haryana. U.O. No. 2/160/04-WM(1) Dated, Chandigarh, the 23rd November, 2005 No. 2/160/04-WM(1) Dated, Chandigarh, the 23rd November, 2005 A copy each is forwarded to the following for information and necessary action :- Secretary to Governor, Haryana. Hon‘ble Speaker, Haryana Vidhan Sabha. State Election Commissioner, Haryana. Resident Commissioner, Govt. of Haryana, Haryana Bhawan, New Delhi. Managing Directors of Various Boards/Corporations in Haryana. Vice Chancellors of Universities and Directors of Medical Colleges in Haryana

State. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

801

A copy each is forwarded to the Principal Secretary/Additional Principal Secretary I & Il/Officers on Special Duty l & II/Media Advisor/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers for the information to Chief Minister/Deputy Chief Minister/Ministers, Haryana. Sd/- Under Secretary Finance (B), for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary I & Il/

Officers on Special Duty l & II/Media Advisor/Senior Secretaries/ Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers.

No. 2/160/04-WM(1) Dated, Chandigarh, the 23rd November, 2005

***************

802

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To All Heads of Departments, Haryana. Memo No. 37/2/2005-6B&C Dated, Chandigarh, the 29th November, 2005 Subject : Supply of copy of the contracts and Agreements for the purchase of 5 lakh and

above. It has been informed by the Accountant General (Audit), Haryana (copy enclosed) Plot No. 5, Sector-33-B, Chandigarh that the departments may be instructed to supply copies of contracts and agreements for purchases of Rs. 5 lakh and above to audit office immediately. It may be complied strictly please. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Endst. No. 37/2/2005-6B&C Dated 29-11-2005 A copy is forwarded to the Accountant General (Audit) with reference to their letter No. (ASS-ICC)/Contract/2005-06/1085 dated 18-10-2005. Sd/- Superintendent Budget & Committee for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. Contd… Encl.

803

Office of the Accountant General (Audit), Haryana. Plot No. 5 Sector 33-B, Chandigarh – 160020.

No. (ASS-ICC)/Contract/2005-06/1085

Date : 18-10-2005 To The Financial Commissioner & Secretary, Finance Department, Haryana, Chandigarh. Subject : Supply of copy of the contracts and Agreements for Purchases of Rs. 5.00 lakh

and above. Sir, Copy of the contracts and agreements for purchases of Rs. 5.00 lakh and above are required to be sent to Audit Office for scrutiny. It is therefore requested that all the Departments may kindly be instructed to supply copies of contracts and agreements for purchases of Rs. 5.00 lakh and above to Audit office invariably. This may be treated as most urgent. Yours faithfully, Sd/- Audit officer

***************

804

No. 2/6/2005-4FR

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department, Chandigarh.

To All Heads of Department, Commissions of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 1st December, 2005. Subject : Rounding off transaction in Government Accounts. Sir, I am directed to invite your kind attention to Haryana Government, Finance Department letter No. 2/2/94-3FR-II/4175, dated 22.12.1995 and Notification No. 2/2/94-3FR-II, dated 16.6.1997 (copies enclosed) on the subject noted above and to say that it has been brought to the notice of the Finance Department by the Accountant General (A&E) Haryana, Chandigarh that inspite of the directions issued by the State Government vide letter/Notification mentioned above, the treasuries and other departments are still submitting the accounts in fractions i.e. ending with paisas.

2. Finance Department takes serious view of this tendency and consequently request you to ensure that the above instructions/notifications are followed meticulously to avoid unnecessary correspondence and delay.

3. These orders may be brought to the notice of all concerned for strict compliance. Yours faithfully,

Sd/- Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 2/6/2005-4FR Dated 1.12.2005.

A copy is forwarded to the :-

The Accountant General (A&E) Haryana, Chandigarh, with reference their letter No. TM(T)ROA/2005-06/798, dated 9/13-9-2005 for information.

All Treasury Officers/Assistant Treasury Officers of Haryana in Haryana/ Chandigarh/Delhi.

Director, Treasuries & Accounts, Haryana with 30 spare copies for information of A.Os. etc.

Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

805

A copy is forwarded to the Financial Commissioners & Principal Secretary/ Administrative Secretaries to Government Haryana for information and necessary action. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Financial Commissioner & Principal Secretaries/ Administrative Secretary to Government, Haryana. U.O. No. 2/6/2005-4FR Dated 1.12.2005. A copy is forwarded to the Principal Secretary/Additional Principal Secretary I & II/ OSD-I & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Ministers/Deputy Chief Minister/Ministers for the information of Chief Minister/Deputy Chief Minister/Ministers, Haryana. Sd/- (Surinder Mohan) Superintendent FR, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To

The Principal Secretary/Additional Principal Secretary I & II/ OSD-I & II/Senior Secretaries/Secretaries/Private Secretaries to Chief Ministers/Deputy Chief Minister/Ministers, Haryana.

U.O. No. 2/6/2005-4FR Dated 1.12.2005. Contd… Encl.

806

ANNEXURE ‗A‘

Petty Cash Book

Receipts Payments

Amount Received

Date Sub Voucher

No. Cheque

No.

Particulars Amount paid

Conve-yance

Postage &

Stamps

Misc. Remarks

500 1.4.86 Vr. No. 1 Permanent Cash Imprest

2.4.86 Vr. No. 2 Conveyance 15.20 15.20

2.4.86 Vr. No. 3 Purchase of Stationery

25.80 25.80

2.4.86 Vr. No. 4 Conveyance 20.70 20.70

Total 61.70 35.90 25.80

Cash in hand 438.30

C/O

500 Total at the end of the day

500.00

438.30 Balance b/d (Cash in hand)

61.00 10.4.86 Bill No. 10

Recoupment of permanent Cash imprest

Cash in hand c/o

499.30

499.30 Total at the end of the day

499.30 0.70 un-recouped amount

15.4.86 Vr.No. 20 Conveyance 16.25 16.25

15.4.86 Vr.No. 25 Local purchase of Gum bottles

18.05 18.05

Total 34.30 16.25 18.05

*35.00 15.4.86 Bill No. 26

Recoupment of permanent cash imprest

* Includes Rs. 0.70 on account of Bill No. 10 recouped vide Bill No. 26

Cash in hand 500.00

534.30 Total at the end of the day

534.30

807

ANNEXURE ‗B‘ Cash Book

(See (GAR 3) See Rule 13 (i) of CGL (R&P) Rules, 1993

Office of ______________________________________ Month of _______________________ Receipts Payments

Date

No.

of th

e r

eceip

t is

sued

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***************

808

No. 8/17/98-2PR(FD)

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Registrar, Punjab & Haryana High Court, Chandigarh, The L.R. & Secy. to Govt. Haryana, Law Department, All Heads of Department, All Commissioners of Divisions, All District & Sessions Judges, All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana.

Dated, Chandigarh the 21st November/2nd December, 2005

Subject : Revision of Pay Scales of Judicial Officer in Haryana.

Sir,

I am directed to Haryana Government Notification dated 8th May, 2003 vide which Pay Scales of Haryana Civil Service (Judicial Branch) and the Haryana Superior Judicial Service were revised w.e.f. 1st day of January. 1996. The matter regarding grant of ―Special Pay‖ to Judicial Officer as per recommendations of Shetty Commission has been under consideration of the State Govt. The Govt. on acceptance of the recommendations of Punjab & Haryana High Court in the matter has decided to grant Special Pay at a uniform rate or Rs. 1000/- p.m. to all the Judicial Officers in the State of Haryana including those on deputation with Chandigarh Administration w.e.f. 7.5.2003.

The arrears from 7.5.2003 to 31.10.2005 shall be deposited to the corresponding General Provident Fund Account of the Judicial Officer with the restriction that the arrears having been deposited on this account will not be allowed to be withdrawn by the Judicial Officer for one year from the date it is so deposited. The Special Pay from 1.11.2005 onward will be paid in cash to the officer concerned.

Yours faithfully,

Sd/- Under Secretary (Pension)

for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

****************

809

No. 8/17/98-2PR(F.D.) From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Registrar, Punjab & Haryana High Court, Chandigarh. The L.R. & Secretary to Govt. Haryana, Law Department. All Heads of Department. All Commissioners of Divisions. All District & Sessions Judges. All Deputy Commissioners & Sub Divisional Officers (Civil) in Haryana. Dated, Chandigarh, the 21st November/2nd December, 2005 Subject : Revision of Pay Scales of Judicial Officer in Haryana. Sir,

I am directed to Haryana Government Notification dated 8th May, 2003 vide which Pay Scales of Haryana Civil Service (judicial Branch) and the Haryana Superior Judicial Service were revised w.e.f. 1st day of January. 1996. The matter regarding grant of ―Special Pay‖ to Judicial Officer as per recommendations of Shetty Commission has been under consideration of the State Govt. The Govt. on acceptance of the recommendations of Punjab & Haryana High Court in the matter has decided to grant Special Pay at a uniform rate or Rs. 1000/- p.m. to all the Judicial Officers in the State of Haryana including those on deputation with Chandigarh Administration w.e.f. 7.5.2003. The arrears from 7.5.2003 to 31.10.2005 shall be deposited to the corresponding General Provident Fund Account of the Judicial Officer with the restriction that the arrears having been deposited on this account will not be allowed to be withdrawn by the Judicial Officer for one year from the date it is so deposited. The Special Pay from 1.11.2005 onward will be paid in cash to the officer concerned.

Yours faithfully, Sd/- Under Secretary (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the

A copy is forwarded to the Accountant General, Haryana (i) A&E(ii) Audit Chandigarh for information.

Sd/-

Under Secretary (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

810

Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the

A copy is forwarded to the Home Secretary/Finance Secretary, Chandigarh Administration Chandigarh Administration for information and necessary action.

Sd/- Under Secretary (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 8/17/98-2PR(FD) Dated, Chandigarh, the A copy is forwarded for information & necessary action to :-

The Director, Treasuries & Accounts Haryana. All Treasury Officers/Asstt. Treasury Officers in Haryana. Sd/- Under Secretary (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

A copy is forwarded to the Chief Secretary to Government of Haryana for information.

He is requested to kindly take further necessary action in the matter. Sd/- Under Secretary (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

The Chief Secretary to Government, Haryana. (in GS-I Branch) . U.O. No. 8/17/98-2PR(FD) Dated, Chandigarh, the A copy for information and necessary action is forwarded to :-

All the Financial Commissioners in Haryana, and All the Commissioners & Administrative Secretaries to Government, Haryana. Sd/- Under Secretary (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All the Financial Commissioners in Haryana. All the Commissioners & Administrative Secretaries to Government, Haryana.

U.O. No. 8/17/98-2PR(FD) Dated, Chandigarh, the

A copy is forwarded to the PSCM, Sr. Secretaries/Secretaries/Private Secretaries to Ministers, Ministers of State and Chief Parliamentary Secretary for the information of Chief

811

Minister, Ministers, Ministers of State and Chief Parliamentary Secretary.

Sd/- Under Secretary (Pension) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To The PSCM/Additional PSCM/Dy. PSCM-I & II/OSD/Senior Secretary/

Secretaries/Private Secretaries to the Chief Minister/Ministers/Ministers of State/Chief Parliamentary Secretary and Parliamentary Secretaries.

U.O. No. 8/17/98-2PR(FD) Dated, Chandigarh, the

***************

812

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

No. 6/39/04-4PR(FD)

To All Heads of Departments in the Haryana State. Dated, Chandigarh, the 9th December, 2005 Subject : Court cases pertaining to Pay Revision/Pay Scale matters of the

employees - regarding filing of replies in such cases in Courts and vetting of draft written statement/replies.

Sir I am directed to invite your attention to the instructions issued by the Finance Department on the subject cited above vide No. 2/40/98-5PR(FD) dated 6.10.98, No. 6/53/2001-5PR(FD) dated 10.5.2001, No. 6/85/03-3PR(FD), dated 22.9.2004 and various other instructions issued by the State Government from time to time regarding defence of court cases and to say that the State Government instructions on the subject are not being followed meticulously by the various departments. Resultantly the Government has to face embarrassment in the courts besides being burdened with heavy financial loss. After due consideration, it has been decided to follow the procedure in court cases as given below:

(i) The written statement in such court cases must be approved at the level of Head of Department before the same is sent to the Finance Department.

(ii) The written statement must be sent to the Finance Department at least 15 days before the date of hearing in a particular case otherwise the department concerned would seek adjournment in that case.

(iii) Computer floppy related to the draft written statement must accompany the draft reply.

(iv) Department must ensure that the concerned official/officer well conversant with the case is deputed to the Finance Department well in time along with related material such as service rules etc. for the purpose of vetting of draft written statements.

(v) Where a model draft written statement is provided to the department concerned by the Finance Department, the same must be carefully gone through with due care and used as the basis for preparation of the reply. However, model draft will be made applicable only on similar nature cases and not otherwise.

It is also observed that in some written statements prepared by the Department the claim of the petitioners are conceded. This is erroneous because on one hand the Department is trying to contest the case on the basis of the provisions of service rules/Government instructions, whereas on the other hand it is conceding the claim of the petitioner in the written statement. It is, therefore, advised to prepare the draft written statement carefully on the basis of the facts of the case and the provisions of service rules/instructions.

813

These instructions may be brought to the notice of all concerned for strict compliance. Yours faithfully, Sd/- (R.K. Kataria) Joint Secretary, Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded for information and necessary action to all the Financial Commissioners & Administrative/Secretaries to Government Haryana. Sd/- Under Secretary (PR) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioners & Administrative Secretaries to Government, Haryana. U.O. No. 6/39/04-4PR(FD) Dated : 9th December, 2005.

***************

814

These instructions have been Revised vide No. 5/27/98-1FR, Dated 07.03.2007.

No. 5/27/98-1FR/3280

GOVERNMENT OF HARYANA FINANCE DEPARTMENT

Chandigarh, the 14th December, 2005

To All Head of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, Registrar, Punjab and Haryana High Court, Chandigarh. Subject : Entitlement to travel by Air – Partial Modification. Sir, I am directed to invite a reference to the Haryana Government, Finance Department circular No. 5/27/98-1FR(Part-l), dated 29-7-98 on the subject noted above and to say that the question of modification of entitlement of Air travel has been engaging the attention of Government for sometime past and after careful consideration it has now been decided to make partial modification in Para ―C‖ regarding entitlement of Air Travel as under :

(i) All the officers in the pay scale of Rs. 18400-22400 and above may continue to be entitled to travel by air as at present.

(ii) All the officers in the pay scale of Rs. 15100-18300 and, above but less than pay scale of Rs. 18400-22400 may also be entitled to travel by air provided the distance involved is more than 500 K.M. and the journey cannot be performed by overnight by train.

This decision shall take effect from the date of issue of these instructions. Yours faithfully,

Sd/- (Rajender Kumar Kataria) Joint Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

Endst. No. 5/27/98-1FR/3280 Dated, Chandigarh, the 14th December, 2005

A copy along with 50 spare copies are forwarded to the Accountant General (A&E) and Audit, Haryana, Chandigarh for information and necessary action. Sd/- (Rajender Kumar Kataria) Joint Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

815

A copy is forwarded to all the Financial Commissioner & Principal Secretaries to Government, Haryana and all Administrative Secretaries to Government, Haryana for information and necessary action. Sd/- (Rajender Kumar Kataria) Joint Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All the Financial Commissioner & Principal Secretaries to

Government, Haryana. All the Administrative Secretaries to Government, Haryana. Endst. No. 5/27/98-1FR/3280 Dated, Chandigarh, the 14th December, 2005 A copy each is forwarded to the Principal Secretary/Additional Principal Secretary-I & II/OSD-I & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/Ministers, Haryana for the information of Chief Minister/Deputy Chief Minister/Ministers, Haryana. Sd/- (Rajender Kumar Kataria) Joint Secretary Finance for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/Additional Principal Secretary-I & II/OSD-I & II/

Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/ Deputy Chief Minister/Ministers, Haryana.

Endst. No. 5/27/98-1FR/3280 Dated, Chandigarh, the 14th December, 2005

***************

816

These instructions have been modified partly vide No. 25/1/2005/SA/HBPE (FD), dated 19.10.2006.

No. 25/1/2005/SA/HBPE (FD) From The Member Secretary, Haryana Bureau of Public Enterprises, Finance Department, New Sectt. Building, Sector-17, Chandigarh. To The Managing Directors/Chief Administrators/ Chief Executive officers of All the State Public Enterprises in Haryana (Boards, Corporations, Co-operative Institutions etc.) Dated, Chandigarh, 19th December, 2005 Subject : Instructions regarding matters to be referred by State Public Enterprises to

Administrative Departments, Haryana Bureau of Public Enterprises, Finance Department.

Sir, I am directed to invite your attention to the subject noted above and to say that for expeditious disposal of cases of State Public Enterprise and to improve efficiency, the State Government after careful consideration has taken the following decisions :- (A) Replacement of Condemned Vehicles of State Public Enterprises.

(i) The cases regarding replacement of vehicles of the Chairman and the Chief Executive of the Enterprise should be decided by the concerned Administrative Departments.

(ii) All other cases regarding replacement of vehicles should be sent to HBPE

through the Administrative Department for consideration and approval. Such proposals should be formulated keeping in view the following :-

(a) Taxis should be used as pool vehicles at the Headquarters to the extent

possible at a maximum ceiling of 2500 Km. per month at a monthly expenditure not exceeding Rs. 15,000/-. The unutilized mileage as per this norm may be allowed to be carried over to the subsequent months. However, the total annual expenditure on such vehicles should not exceed Rs. 1.80 lakhs per vehicle.

Taxis be hired only after inviting bids in at least one popular newspaper. (b) In the Field Offices, the entitled officers may be allowed to hire/engage

Taxis on contract basis up to a maximum ceiling of 2500 km per month at a monthly expenditure not exceeding Rs. 15,000/- for discharging official duties instead of providing them official vehicles. This ceiling

817

may be relaxed up to 3000 km and Rs. 18,000 per month by the concerned Managing Director/Chief Administrator/Chief Executive Officer. The unutilized mileage as per this norm may be allowed to be carried over to the subsequent months. The total annual expenditure on such vehicles should not exceed Rs. 1.80 lakhs/Rs. 2.16 lakhs per vehicle.

Taxis be hired only after inviting bids in at least one popular newspaper. (c) The officers who are entitled to have official vehicles may be

encouraged to use their own vehicles. Such officers at Headquarters/Field Offices may be allowed mileage allowance @ 6.00 per Km. subject to a maximum of Rs. 4000/- per month for discharging official duties. The maximum ceiling may be relaxed up to Rs. 5000/- per month by the concerned Managing Director/Chief Administrator/ Chief Executive Officer.

(d) Commercial vehicles, like trucks, matadors, tractors etc. should be hired

from the market as and when required. The existing commercial vehicles should be phased out after they meet the condemnation norms fixed by the Government.

(iii) While referring the cases for replacement of vehicles to the Administrative

Department/HBPE, the concerned Public Enterprise should ensure that :-

(a) Vehicles which are to be replaced should have been condemned by the Condemnation Board.

(b) Condemned vehicles must be auctioned within two months of the purchase of new vehicles. No maintenance/fuel charges should be allowed against the condemned vehicles and they should not be on road.

(c) There is adequate budget provision for the same

(d) The fleet of vehicles has been reduced as per the policy of the Government.

(B) Cases regarding official tours beyond 10 days

All the cases where approval of HBPE is required for official tours beyond 10 days should be decided by the concerned Administrative Departments.

(C) Grant of Bonus/Ex-gratia to the employees of State Public Enterprises.

The policy regarding Grant of bonus/ex-gratia/token gifts to the employees of State Public Enterprises circulated vide letter No. 12/1/152/PE/FD/SA-2, dated 12.11.2002 and, 11.11.2004 shall continue.

(D) Travel by airlines other than Indian Airlines.

If the fare of airlines other than Indian Airlines is at par/cheaper, in special circumstances, the cases of entitled officers should be decided by the concerned Administrative Department.

(E) Hiring of private houses where Govt. accommodation is not available.

Renewal of such cases need not be referred to HBPE if the enhanced rent is as per Govt. Instructions.

818

Due permission/approval of the appropriate authority in the Administrative Department may be obtained in the above matters. The above instructions may be brought to the notice of all concerned for strict compliance. Yours faithfully, Sd/- Management Consultant, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department. A copy is forwarded to the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Government Haryana for information and necessary action. Sd/- Management Consultant, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department. To All the Financial Commissioner & Principal Secretaries/ Administrative Secretaries to Govt., Haryana. U.O. No. 25/1/2005/SA/HBPE (FD) Dated, Chandigarh, the 19th December, 2005 Endst. No. 25/1/2005/SA/HBPE (FD) Dated, Chandigarh, the 19th December, 2005 A copy is forwarded to all Heads of Departments for information and necessary action. Sd/- Management Consultant, for Member Secretary, Haryana Bureau of Public Enterprises, Finance Department.

***************

819

No. 2/1/2/90-4FR From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Commissioner of Divisions, All Deputy Commissioners and Sub Divisional Officers (Civil) in Haryana, The Registrar, Punjab & Haryana High Court, Chandigarh. Dated, Chandigarh, the 22nd December, 2005 Subject : Disbursement of Pay and Allowances/Pension for the month of December,

2005. Sir, I am directed to say that in view of the Gazetted holidays falling on the 31st December, 2005 and 1st January, 2006 on account of Saturday and Sunday respectively, the Governor of Haryana is pleased to decide that in relaxation of the provisions of Rule 5.1(i) of the Punjab Financial Rules Vol. I, the pay and allowances for the months of the December, 2005 for all Gazetted/Non Gazetted Haryana Govt. employees and pension for the month of December, 2005 for Haryana Government pensioners as well as others who are drawing their pension from Haryana Government pensioners as well as others who are drawing their pension from Haryana Government Treasuries November be drawn and disbursed on the 30th December, 2005. Yours faithfully, Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 22nd December, 2005 A copy is forwarded to the Accountant General (A&E) and (Audit) Haryana, Chandigarh for information. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 2/1/2/90-4FR Dated, Chandigarh, the 22nd December, 2005 A copy is forwarded to all the Treasury Officers/Assistant Treasury Officers for

820

Haryana State for information. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. A copy is forwarded to :-

All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana for information. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Financial Commissioners Haryana. All Administrative Secretaries to Govt., Haryana. No. 2/1/2/90-4FR Dated, Chandigarh, the 22nd December, 2005 A copy is forwarded to the Principal Secretary/Addl. Principal Secretary I&II, OSD l & II/Senior Secretaries/Secretaries/Private Secretaries to the Chief Minister/Deputy Chief Minister/ Ministers for information of Chief Minister/Deputy Chief Ministers/Ministers, Haryana. Sd/- (B.B.Kaushik) Under Secretary Finance, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Principal Secretary/AddI. Principal Secretary I & II,

OSD l & II/Senior Secretaries/Secretaries/Private Secretaries to Chief Minister/Deputy Chief Minister/Ministers, Haryana. No. 2/1/2/90-4FR Dated, Chandigarh, the 22nd December, 2005.

***************

821

IMMEDIATE

No. 5/10/2005-1B&C

From

The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

To

All Head of Departments in Haryana State, The Registrar, Punjab & Haryana High Court, The Commissioners, Hisar, Ambala, Rohtak & Gurgaon Divisions, All Deputy Commissioners in the State, All Chairmen/Managing Directors of Boards/Corporations, Co-operative Societies & Govt. Undertakings in the State.

Dated, Chandigarh, the 22nd December, 2005

Subject : Economy in Expenditure.

Sir,

I am directed to invite your attention to Finance Department communication No. 5/3/88-1B&C dated 11-4-1988 letter of even number dated 1.5.1990 on the subject noted above wherein complete ban was imposed on the purchase of all luxury items especially air-conditioners, carpets, costly furniture and crockery etc. and no luxury items for any Govt. office, Boards/Corporations, Cooperative Societies and other Autonomous bodies shall be purchased without the prior permission of the Chief Minister.

2. On reconsideration, the Govt. has decided that in future there is no need to refer the cases to Chief Minister for purchase of luxury items especially air-conditioner, carpets, costly furniture and crockery etc. Henceforth, the concerned department would forward the cases for the purchase of above said items to respective Administrative Secretary/Minister-in-charge and after getting their approval, the same be sent to Finance Department for relaxation of ban.

3. It is requested that the above decision may please be brought to the notice of all concerned under your administrative control.

4. The instructions of the Finance Department issued from time to time on other matters relating to economy in expenditure will, however, continue to be effective as before.

The receipt of this communication may please be acknowledged.

Yours faithfully,

Sd/- Under Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

No. 5/10/2005-1B&C Dated 22nd Dec., 2005

A copy is forwarded to the Accountant General (A&E/Audit), Haryana, Chandigarh for information and necessary action. Sd/- Under Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

822

A copy is forwarded to :- The Chief Secretary to Govt., Haryana. All Financial Commissioners & Administrative Secretaries to Govt., Haryana, for information and necessary action.

Sd/- Under Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To The Chief Secretary to Govt., Haryana. All Financial Commissioners & Administrative Secretaries to Govt., Haryana for information and necessary action. U.O. No. 5/10/2005-1B&C Dated 22nd Dec., 2005 No. 5/10/2005-1B&C Dated 22nd Dec., 2005 A copy is forwarded. to all Branch Officers/Superintendents in the Finance Department for information and necessary action.

Sd/- Under Secretary Finance (Budget) for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

***************

823

No. 1/1/04-1Pension(FD) From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, The Commissioners of Divisions, All Deputy Commissioners and All Sub Divisional Officers (Civil) in Haryana, The Accountant General Haryana, The Registrar, Punjab and Haryana High Court, Chandigarh. Dated, Chandigarh, the 22nd December, 2005 Subject : Defined Contributory Pension Scheme of the State Government.

Sir,

I am directed to invite your attention on the subject cited above and to say that

the question of implementing the Defined Contributory Pension Scheme and amendment in

Rule 1.2 of CSR Volume I was engaging the attention of the State Government. Now after due

consideration and keeping in view the pattern of Government of India, the Government has

decided to carry out the necessary amendment vide notification No. 1/1/2004-1Pension(FD),

dated 28.10.05, a copy of which is enclosed herewith in Hindi & English.

Similarly please find enclosed herewith the copy of Government of India according to

which modalities of implementing the New Pension Scheme has been discussed is sent

herewith for information and necessary action. Similar modalities will be adopted by the State

Government mutates mutandis in due course.

The scheme will be applicable to the employees appointed on or after 1.1.2006.

Sd/-

Under Secretary Finance (Pension)

for Financial Commissioner & Secretary to Govt.,

Haryana, Finance Department.

***************

824

IMMEDIATE No. 22/5/2001-7B&C From The Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. To All Heads of Departments, Haryana, Chandigarh. Dated, Chandigarh, the 23rd December, 2005 Subject : Submission of replies of the old Inspection Report. Sir, I am directed to invite your attention towards the Finance Department letter No. 22/5/98-7B&C dated 30.5.2003 on the above cited subject and to say that Accountant General (Audit) Haryana has again intimated vide his D.O. No. II (Civil) l/c/2005-6/1110, dated 7.11.2005 (Copy enclosed) that initial replies to the Inspection Reports are not sent to him within the prescribed period of four weeks. In many cases, it takes a year or so in submitting replies. The above position indicates that the Departments are not giving due attention to audit reports with the results many paras remain outstanding for long periods which otherwise could have been settled if the communications from D.D.Os are expeditious processed and replies sent to Accountant General Office. 2. It is, therefore, again requested that prompt action be taken for the settlement of outstanding 1. Rs. by sending annotated replies to the Accountant General, Haryana within prescribed period. The Finance Department may be apprised of the action taken in the matter.

Yours faithfully, Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department. No. 22/5/2001-7B&C Dated, Chandigarh, the 23.12.2005 A Copy is forwarded to the Accountant General (Audit), Haryana for information to letter D.O. No. II (Civil)II/c/2005-6/1110, dated 7.11.2005.ll(Civil) l/c/2005-6 1110 dated 7.11.2005. Sd/- Superintendent Budget & Committee, for Financial Commissioner & Principal Secy. to Govt., Haryana, Finance Department.

825

D.O. No. OADII(Civil)-II/C/2005-06/1110 J.D. SAHAI, I.A. & A.S. Sr. Dy. Accountant General OFFICE OF THE ACCOUNTANT GENERAL (AUDIT) HARYANA, PLOT NO. 5, SECTOR 33-B, DAKSHIN MARG, CHANDIGARH-160047 Dated : 07.11.2005 Dear Shri Chatterjee, It has been observed that the initial replies to the Inspection Reports issued by this office to various departments/DDOs are not received from them within the prescribed period of four weeks. In most of the cases, these are received even after a lapse of one year or so. Apparently, the Drawing and Disbursing Officers are not paying attention in sending promptly the initial replies to this office. Thus, the very purpose of conducting audit is not fully achieved. During the period from 1.4.2005 to 30.9.2005, it has been noticed that 464 Inspection Reports (IR) were issued after conducting the audit of various state Government Offices/DDOs. Of these, initial replies of 135 IRs only were received which shows that only 29 percent initial replies were received, while remaining 71 percent offices/DDOs failed to send replies till now. Thus due to lack of communication, the objections for which DDOs have already taken corrective actions, could not be settled. I shall be grateful, if you could kindly look into the matter personally and issue necessary instructions to all the DDOs through their departments to prepare and submit the initial replies within the prescribed period to audit. Yours Sincerely, Sd/- (J.D. SAHAI) Shri Bhaskar Chatterjee, I.A.S. Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department, Chandigarh.

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List of Initial Replies Awaited for the period 1.4.2005 to 30.9.2005

Sr. No. Name of Unit/Department

Total No. of Replies issued

during the period

Initial Replies Received

Balance

1. Animal Husbandry, B.D. & P.O. ESI etc.

22 09 13

2. Education 170 48 122

3. Police, Sports, N.C.C. 39 07 32

4. Medical & P.H. Department

62 39 23

5. Poly. Tech., Public Relations, D.C. (E&F) Central Department

40 05 35

6. I.T.I. Industrial V.E. Training

09 01 08

7. Social Welfare (W.C.D.) 37 11 26

8. Distt. Nazir & Fisheries 10 01 09

9. Family Welfare & Banks 22 - 22

10. Agriculture & Horticulture 29 10 19

11. Misc. 24 04 20

Total : 464 135 329

Percentage 29% 71%

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