TGLA
Key statutory rules governing Telangana government lecturers — FR, Subordinate Service & CCA Rules explained clearly.
"Pay" means the amount drawn monthly by a government servant as the pay, other than special pay or pay granted in view of personal considerations, which has been sanctioned for a post or granted to a government servant.
"Leave Salary" means the monthly pay and allowances admissible to a government servant during leave. "Emoluments" means pay plus personal pay plus special pay plus any other emoluments specified by the government.
"Lien" means the title of a government servant to hold substantively a permanent post to which they have been appointed.
A government servant's pay is regulated by the rules applicable to the post held. When officiating in a higher post, the officiating pay is drawn only if specifically sanctioned by the competent authority.
No government servant shall draw pay for more than one post at the same time, except as expressly provided in these rules. Joining time pay is treated as on duty for purposes of pay and allowances.
A government servant transferred from one station to another is entitled to joining time to enable them to join the new post. The standard joining time is one day for preparation plus travel time (actual distance / 500 km per day, minimum 1 day, maximum 30 days).
During joining time, a government servant draws joining time pay equal to their last pay drawn. No HRA/CCA is admissible during joining time unless already occupying government quarters.
When a government servant is promoted or appointed to a post carrying a higher time-scale of pay, their initial pay in the higher scale is fixed at the stage next above their pay in the lower scale. If there is no such stage, pay is fixed at the minimum of the higher scale.
The one-increment benefit ensures that pay in the higher post always exceeds pay in the lower post by at least one notional increment of the lower scale. Where the minimum of the higher scale already exceeds the promoted pay, the minimum of the higher scale is drawn.
The date of next increment in the higher scale is one year from the date of promotion / appointment, unless the government servant opts to retain the original increment date in the lower scale (option must be exercised within one month of promotion).
An increment shall ordinarily be drawn as a matter of course unless withheld. An increment may be withheld by the authority empowered to make appointments on the grounds of misconduct or unsatisfactory work.
An order withholding an increment must state whether the postponement shall or shall not have the effect of postponing future increments. The period of withholding must be specified.
A period of extraordinary leave or dies non counts against increment accrual unless specifically condoned by the competent authority.
Earned leave (privilege leave) accrues at the rate of 1 day per 11 days of duty. The maximum accumulation is 300 days. Leave in excess of this is automatically lapsed unless applied for.
Earned leave encashment at retirement is limited to a maximum of 300 days' leave salary. During service, encashment is permissible up to 30 days per occasion subject to conditions.
A suspended government servant is entitled to subsistence allowance. For the first 90 days: 50% of basic pay. Beyond 90 days: increased to 75% if the delay in proceedings is not attributable to the employee, or reduced to 25% if it is.
DA, HRA, and other allowances continue to be payable on the subsistence allowance at admissible rates.
The age of superannuation for government servants in Telangana is 60 years (enhanced from 58 years effective 1 June 2014). Government servants attaining this age retire on the last day of the month in which they attain the age.
Premature retirement under FR 81(b) can be compulsorily ordered by the government in public interest at any time after completion of 25 years qualifying service or after the servant has attained 50 years of age, by giving 3 months' notice.
"Direct Recruitment" means appointment made otherwise than by promotion or transfer from another service. "Probationer" means a government servant employed on probation in or against a substantive vacancy in the cadre of a service.
"Service" means a body of persons governed by a particular set of rules and includes a class or category within a service. "Appointing Authority" means the authority empowered to make appointments to a service, class, category or post.
"Approved Probationer" means a probationer who has satisfactorily completed the period of probation. "Promotion" means appointment from a lower category or class to a higher category or class in the same service.
The appointing authority shall prepare a panel of eligible candidates in order of seniority for the purpose of making appointments by promotion or appointment by transfer. The panel shall be prepared once a year or as and when required.
Candidates on the panel shall be called for appointment in the order in which they appear. A panel prepared under these rules shall remain in force for one year from the date of its preparation, unless extended by the Government for reasons to be recorded in writing.
No person shall be included in the panel unless he satisfies the eligibility conditions prescribed by the special rules applicable to the service and has the requisite service, qualifications, and has passed any departmental test prescribed.
(i) No person shall be eligible for promotion or appointment by transfer unless he has completed the minimum period of service prescribed in the special rules applicable to the service or post. The appointing authority shall consider the claims of all eligible persons and select those found most suitable.
(ii) In making promotions, the appointing authority shall have regard to: (a) satisfactory completion of probation and prescribed departmental tests; (b) fitness and suitability as assessed through ACRs/APARs for the relevant period; and (c) seniority subject to fitness.
(iii) Nothing in this rule shall apply to officiating or temporary appointments made for periods not exceeding 6 months. Such short-term appointments shall not create any right to the post or count towards qualifying service.
Where a post cannot be filled through the normal methods of appointment and the Government is satisfied that it is essential to fill the post in the public interest, it may, subject to the provisions of these rules, make an appointment on an agreement or contract basis.
The terms and conditions of each such appointment, including remuneration, duration and duties, shall be settled individually and incorporated in a written agreement. The tenure of such an appointment shall not ordinarily exceed three years and shall not be renewed except with the special sanction of the Government.
An appointment on contract or agreement basis shall not confer any right to regularisation in service, or to pension, or any other service benefits available to regular government servants. The appointee shall not be entitled to count such service for seniority.
When a departmental test is newly prescribed as a qualification for promotion or for determination of seniority, the Government or the appointing authority shall fix a reasonable time for passing such test.
A government servant who fails to pass the test within the time so fixed shall not be eligible for promotion or shall lose his seniority, as the case may be, until he passes the test. On passing the test, his eligibility for promotion or seniority shall be restored with effect from the date he passes the test.
The appointing authority may, for good and sufficient reasons, extend the time allowed for passing such a test by a period not exceeding one year at a time.
The period of probation shall commence from the date of appointment. Where a person appointed by direct recruitment is required to undergo induction training before joining regular duty, the period of probation shall commence only from the date of joining duty after training.
Any service rendered prior to the date of regular appointment — including ad-hoc service, contract service, or service as a daily-wage employee — shall not count towards the prescribed period of probation unless specifically ordered by the competent authority.
Interruptions due to extraordinary leave, suspension (where not directed to count), or other unauthorised absence shall be excluded from the period of actual probationary service on duty.
(a) If a probationer is suspended from service and subsequently reinstated, the period of suspension shall not count towards the probationary period unless the authority ordering reinstatement specifically directs that it shall so count.
(b) A probationer who fails to satisfy the appointing authority as to his character, conduct or capacity may be discharged from service without following the full procedure prescribed under the CCA Rules — but the principles of natural justice (notice and an opportunity to be heard) must be observed before such discharge is ordered.
(c) The period of probation may be extended by the appointing authority by a specific written order recording the reasons therefor. The total period of probation including all extensions shall not exceed twice the prescribed period of probation.
(a) At the end of the prescribed or extended period of probation, the appointing authority shall consider whether the probationer has satisfactorily completed the period of probation and, after taking a decision in this regard, shall issue a formal order declaring the probationer to have satisfactorily completed probation.
(b)(i) The decision on whether a probationer has satisfactorily completed probation, or whether probation should be extended, shall be taken within 8 weeks after the expiry of the prescribed period of probation. Any lapses noticed during the period of probation must be communicated to the probationer promptly so as to enable rectification. If any delay occurs beyond 8 weeks without a decision, the probationer shall not be deemed to have automatically completed probation on that ground alone.
(b)(ii) If no order as referred to in sub-rule (a) is issued within one year from the date of expiry of the prescribed or extended period of probation, the probationer shall — subject to the proviso below — be deemed to have satisfactorily completed probation with retrospective effect from the date of expiry of such period. A formal order to that effect may be issued for the purpose of record.
(a) A probationer who is discharged from service otherwise than on account of reduction in establishment shall, if re-appointed to a post in the same class or category, be entitled to complete the unexpired portion of probation without undergoing a fresh full period of probation.
(b) An approved probationer who is discharged from service on reduction in establishment shall, if re-appointed to the same class or category of post within three years from the date of discharge, retain the benefit of having satisfactorily completed the period of probation and shall not be required to undergo probation again.
(c) A discharged probationer or approved probationer shall be entitled to be considered preferentially for reappointment when vacancies arise, provided he/she was not discharged for misconduct or unsatisfactory service.
(a) A probationer who has satisfactorily completed the prescribed period of probation shall be eligible for confirmation in a permanent post in the cadre of the service. Confirmation shall be to a specific permanent post and not to the service generally.
(b) No person shall be confirmed in a post unless a permanent vacancy exists in the cadre. The appointing authority shall issue a specific order of confirmation after satisfying itself that: (i) the probationer has satisfactorily completed probation; (ii) a permanent vacancy exists; and (iii) all prescribed tests and qualifications have been acquired.
(c) An approved probationer who is not confirmed for want of a permanent vacancy shall have a preferential right to be appointed to a permanent vacancy when one arises, and shall be confirmed therein on such appointment.
In making appointments by direct recruitment, reservation of posts shall be made for Scheduled Castes, Scheduled Tribes, Backward Classes and other special categories as specified by the Government from time to time, in accordance with the Roster maintained by the Head of Department.
If an adequate number of candidates from any reserved category is not available for selection, the unfilled posts shall not automatically devolve to the open competition category. They shall be carried forward and reserved for the relevant category in the next recruitment, unless specific de-reservation orders are issued by the Government.
The roster points maintained by the appointing authority govern the turn of each category (SC/ST/BC-A/BC-B/BC-C/BC-D/BC-E/OC) in each appointment. A person appointed on a reservation point does not lose seniority vis-à-vis open competition appointments of the same batch.
Where the Governor is satisfied that the operation of any of these rules causes undue hardship in any particular case, or that it is necessary or expedient to do so in the public interest, he may, by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
No such relaxation shall be made except after consultation with the State Public Service Commission in all cases where the Commission is required to be consulted under Article 320 of the Constitution of India, unless such consultation is specifically dispensed with by the President of India.
Orders of relaxation are executive in nature and must be supported by recorded reasons. A blanket or undisclosed relaxation is vulnerable to judicial challenge.
(a) The seniority of a person in a service, class or category shall be determined by the date of first appointment to such service, class or category on a regular basis.
(b) Where two or more persons are appointed on the same date, their seniority inter se shall be determined as follows:
(c) A person appointed initially on temporary or officiating basis and subsequently confirmed shall have seniority reckoned from the date of initial appointment, provided service was continuous and the person was approved for confirmation.
(a) The appointing authority or any other authority empowered in this behalf may transfer a government servant from one post to another of the same class or category within the service. Transfers shall be made in the interest of public service and not for extraneous reasons.
(b) No government servant shall ordinarily be transferred within two years of posting to a station unless specifically necessary in public interest. A government servant shall not claim transfer as a matter of right.
(c) Transfer orders shall be issued during the notified transfer season (ordinarily June–July) to avoid disruption. Emergency transfers outside the season require approval at Secretary level. No punitive transfer shall be made without following due procedure under the CCA Rules.
(d) A government servant who is transferred shall be entitled to joining time and transfer T.A./D.A. as per the Travel Allowance Rules in force.
Nothing in these rules shall affect the reservations, relaxations of age-limit and other concessions required to be provided for Scheduled Castes, Scheduled Tribes, Backward Classes, Ex-servicemen, Physically Handicapped persons and other special categories of persons in accordance with the orders issued by the Government from time to time.
Any special concession or relaxation provided by way of an executive order of the Government under Article 162 of the Constitution of India or under any statute shall continue to operate and shall not be affected by these rules, notwithstanding anything to the contrary contained herein.
"Appointing Authority" means the authority empowered to make appointments to the service or post. "Disciplinary Authority" means the authority competent to impose penalties under these rules.
Major Penalties: Reduction in rank, compulsory retirement, removal from service, dismissal from service. Minor Penalties: Censure, withholding of increments, recovery from pay, reduction to lower stage in pay scale for a specified period.
A government servant may be placed under suspension when a disciplinary proceeding is contemplated or pending, or where a case involves criminal prosecution, or where continuation in service is prejudicial to public interest.
Deemed Suspension occurs automatically when a government servant is: (a) detained in custody for a period exceeding 48 hours, (b) convicted by a court for an offence involving moral turpitude.
The suspension order must be reviewed every 90 days by the authority that passed it. If not revoked or the review is not conducted, the suspension is deemed irregular and subsistence allowance must be revised to 75%.
Before imposing a major penalty, the Disciplinary Authority must: (1) Issue a charge sheet (Articles of Charges) in writing, (2) Furnish a Statement of Imputations, (3) Provide a list of documents and witnesses, and (4) Give the charged officer 10 days to submit a written statement of defence.
If the charged officer does not admit the charges, an Enquiry Officer must be appointed. The Enquiry Officer must hold an oral enquiry, afford the officer a reasonable opportunity to cross-examine witnesses and to inspect documents.
The Enquiry Officer submits a Report with findings to the Disciplinary Authority. The charged officer must be given a copy of the Enquiry Report and an opportunity to represent before a final order is passed.
For minor penalties, no formal enquiry is required, but the Disciplinary Authority must: (1) Inform the officer in writing of the proposal and grounds, and (2) Give them a reasonable opportunity to make representation (usually 7–15 days).
The authority shall consider the representation before passing the final order. The order must record reasons if the representation is rejected.
An appeal against any penalty order lies to the Appellate Authority (one rank above the Disciplinary Authority). The appeal must be filed within 45 days of receipt of the penalty order. Delay may be condoned if sufficient cause is shown.
The appeal must be addressed through the Head of Office and must specifically state the grounds. An appeal must be forwarded (not suppressed) by the HOO to the Appellate Authority within 7 days.
The Appellate Authority may confirm, reduce, enhance, or set aside the penalty, or remit the case for fresh enquiry.
The government or the Revising Authority may, on their own motion or on receipt of an application, revise any order passed under these rules. Revision must be filed within 6 months of the appellate order.
No revision that enhances a penalty shall be passed without giving the person affected a reasonable opportunity of making a representation. The right to revision does not affect the right to approach TGAT or Courts.
After exhausting the appeal and revision remedies, a government servant may submit a Memorial (petition) to the Governor. The Memorial is the final in-service statutory remedy before approaching courts.
The Memorial must be submitted within 3 months of the revision order and must be addressed to the Governor through the Head of Department and Government. It is not a right — the Governor may reject without assigning reasons.