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Section 26: Overstayal of leave and joining time to count for increments

These Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Pay and Allowances) Regulations, 2008.State Regulations of Maharashtra · 1981

A | period of Overstayal of leave and joining time does not count towards increments under regulation 27. $ = 27, Service which coungs for increment.- The following provisions prescribe the conditions on which service counts for increments in a timescale- {1) Subject to the provisions of regulations 10, 12, 18 and 31, all duty in a post on a ome-scale counts for inerements i that time-scale.

For the purpose of arriving at the date of next inerement in that time-scale, the total of all such periods as do not count for inerement in that time-scale shall be added to the normal date of inerement:

Provided that, the increment shall be admissible form the 1 of the month in which it acerues.

Nate~ Theabove proviso shall not apply to the persons on probation.

Exception.- (a) The increment of a Trust servant ‘appointed directly to & pest on probation during the period of probution should be regulated as follows - [i) Thefirstincrement should be released afier one year on_completion of his probationary period and the subsequent increment shall be released on his eompleting the probationary period satisfactorily.

(i) A probationer whose probationary period is extended on account of leave taken by him during the prabationary period, shall be allowed to draw, on his completion of the probationary period satistactorily, such pay as he would have drawn had he not been on probation and consequential arrears.

{iti) A probationer whose probationary period is extended on account of failure to pass a departmental examination within the prescribed time limit or due to unsatisfactory performance, as the case may be, appointinent to that post on long term basis after | shall be allowed to draw second inerement only with 120 effect from the date of satisfactory completion of the | probationary period and shall not be eligible for arrears.

(b) The expression “A Trust sevvant appointed directly to a post” appearing in sub-clause (a) above, includes,-

(i) a Trust servant who, while holding substantively, a permanent post’in the cadre, is appointed by selection in apen oumpentlon to another post on prohation: and {ii) a Trust servant whe s so appointed butis granted higher starting pay in the time-scale attached to the post.

(2} Subject to the restriction mentioned herein, the following periods shall count for increment in the time-scale applicable to a pustin which a Trust servant was officiating -

(i) all leave, except extraordinary leave;

(i) extracrdinary leave on mexdical ground, {iil} period spent on traming, The period ta beetuntellis restricted totlhat during which he would have gontinued to officiate in the higher post in the Trust service but for such Lnterruption

Provided that the Cammittee may, in any ease in which they are satisfied that the extvaprdinary leave was taken for any cause beyond the Trust servant’s control or for presecuting higher seientific and/or technical studies, direct that the extraordinary leave shall be counted for increments, HNote 1~ In the case of a Trust sevvant who, while officiating in & post, progeeds to attend a vourse of waining or instructions and who is-treated as on duty while undergoing such conrse, the period of such duty will count for inerement in the post in which he was officiating prior to his being sent fw_' training or insiructions, if he is allowed the pay of the officiating post during such period, Note #-The period of leave allowed to count for increment should be restricted to the period during which the Trust servant would have officiated n the post if he had not proceeded on leave, For this purpose, the Executive Officer should furnish the following certificate while allowing the claim for increment:- 11 CERTITICATE, Certified that Shri/Smt/Hom, ....oovinrn e, would have continued to officiate in the post of - .. iF he/she had mot | proceeded on leave for the period from ...

Instruction 1.- Note 2 dees not apply e appu'mlecl an dail}' wages or contract basis.

Instruction’2.- A certificate referred to in Note 2 above will not be necessary in respect of probationers, (&) If a Trust servant, while officiating in a post or holding a temporary post on a time-scale of pay, 15 appeinted 1o officiate in a higher post or to hold a higher temporary post, his officiating or temporary service in the higher post shall, it he is seappointed to the lower post or is appointed or reappointed to a post on the same time-seale of pay, count for increments in the time-scale applicable to such lower post. The period of officiating service in the higher post which counts for increments in the lower post is, however, restricted to the period during which Trust servant would have officiated in the lower post but for his appeintment to the higher st = This sub-regulation applies also to a Trust servant who is not actually officiating in the lower post at the time of his appointment to the higher post, but who would have so officiated in such lower post or in a post on the same um&sc-alccfimy fad he not been appointed to the higher post,

(4) If a Trust servant on reversion from an ex-cadre post to the parent cadre is appointed to 8 post on a scale lower than that of the ex—cadre post but not on the same time-scale as the post held at the time of his transfer to the ex-cadre post, the service rendered on the higher scale in the excadre post shall count for increments in the time-seale applicable to the cadre post.

(2) Jolning time counts for increment, -

(i) if it is under sib-regulation (1}, of regulation 9 of Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Joining Time, Payments during Suspension, Dismissal and Removal) Regulations, 2008, in the timescale applicable to the post on which a Trust servant hold a lien or would hold a lien had his lien not been suspended as well as in the timescale applicable to the post, the pay of which is drawn by a Trust servant during the period; and (ii] 1f it is under sub-regulation (2) of regulation 9 referved to in clause (i) above in the time-scale applicable to the post o i1 ar posts held on the last day of leave before commencement of the joining time.

28, Premature increment~ An authority may grant a premature irerement toa Trost servant on @ time-scale of pay if it has the power to create a post in the same cadre on the same scale of pay.

Note.- In the absence of a clear declaration to the effect that the normal date of increment is not te be affected (that s to say that next inérement after the premature increment is ta | - be given on the usual date of increment regardless of the fact that the Trust servant concerned will have been at one stage of the time-scale for less than the normal period) an order aunthoriging the grant of a premature increment shall be deemed to imply that the recipient is to remain on the enhanced rate éf_pay for the full interval prescribed between successive stages of the time-scale before becoming eligible to diaw the next merement after the premature increment.

29, Reduction of pay as a measure of penalty.- (1) If a Trust servant is reduced as a measure of penalty to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether, on restoration, the period of reduetion shall operate to postpone future increments and, if so, to what extent.

{2} If a Trust servant 15 reduced a5 @ measure of penalty to a lower service, grade or post, orto a lower time-scale, the authority ordering the reduction may or may not specify the period for which the reduction shall be effective, but where the peried is specified, that authority shall also state whether, restoration, the perind of reduction shall operate to postpone “firture increments ‘and, if so, to what extent.

Note. An authority ordering the reduction should expressly state in the order that the period for which the reduction is to he effective will be exelusive of any interval spent on leave before the. period is completed.

30, When an order of withholding increment or reduction is set aside or modified. Where an order of penalty of withholding of increment of a Trust servint or lus reduction to a lower service, grade or post, or toa lower hmr_-!calc or to 8 lower stage in & time-scale, 1s set aside or modified by a gompetent authority on appeal or review, the pay of the Trust servant shall, notwithstanding anything contaned in these regulations, be regulated in the following manner, namely- (@) if the said order is set aside, he shall be given for the period for which such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn;

123 (b} if the said order s modified, the pay shall be regulated as if the ovder as 50 modified had been made in the first instance.

Explanation.- If the pay drawn by a Trust servant in respect of any period prior to the issue of the orders of the competenl auLhDri{}'. under this rr_-s'u]atiun 1 rcviscd, the leave salary and allowances (other than avelling allowance), ifany, admissible w him during that period shall be. revised on the basis of the revised pay.

81, Extent to which past non-continuous officiating or temporary | service counts for increments.- If a person holding ne substantive appointment under the Trust is appeinted to officiate in a permanent post or to hold a temporary post on 4 time-scale of pay, he shall not be allowed to count for purpose of increment in the time-scale, past non-continuous officiating service in such pefmanent post or non-continuous service in such temporary post except to the extent indicated below:- Period of past continuous | Number of inerements which service, should be allowed in the timescale of the post to which he is appointed.

Less than 5 years Nil 5 years and mare but less than | | inerement, Tand half years 7 and half years and mote but Jess | 2 increments, than 10 years 10 years and more 3 inerements.

Note 1.- Service shall be deemed to be non-continuous oaly if it is interrupted by actual loss of Trust service, Nate 2- The principle enunciated i sub-regulation (8) of vegulation 27 should apply when such @ person is appointed to officiate in # higher post, permanent or temporary.

124

CHAPTER -1V COMBINATION OF APPOINTMENTS 82, Pay during appointment to two or more posts- A Trust servant already holding a post in a substantive or officiating capacity may be appointed to officiate as a temporary rmeasure in one or more other independent pests at one time or may be given additional charge of one or more independent posts in addition 0 his own. In such cases his pay shall be regulated as follows:" _

(a) In the former case, the highest pay to which he would be entitled if his appuintment to one of the posts stood alone, may be drawn on account of his tenure of that post.

(b} For gach other post, he may be permitted to draw additional pay of special pay at 10 per cent. of the presumptive pay of the post linuted to Rs. 500/~ per month irrespective of whether the Trust servant is appeinted to such posts or 15 given additional charge, subject to the condition that such additional pay or special pay should in no case exceed 10 percent of the » presumptive pay of the high,er post limited to Rs. 500/~ per month of which he held additional charge. Even, if a Trust servant is appointed to more than one independent post or is given full or current charge of more than one independent post, the additional pay or special pay should in no case exceed 10 percent of the presumptive pay of the higher post limited to Hs. 500/~ p.m of which he held additional charge. No additional pay ar special pay shall, however, be granted if such | charge is held for a period of less than sixteen days or if a regular | appointment is made for a like peviod. | (¢} No additional pay or special pay shall be admissible to a Trust | servant drawing pay in the scale or extended scale. the minimum of which 1z Rs. 5000 and above Note 1~ The following explaing the distinction which should be drawn between additional pay for helding an additional post or posts and special pay for performing -additional duties:-

(i) In cases in which a Trust servant continues to perform the duties of his own ‘post, and assumes, in addition, technically plenary, responsibility for the duties of one or more independent posts, the additional remuneration, if any, which may be sanctioned will be described as additional pay.

(i) Tn cases in which a Trust servant, over and above performing his own duties, is required to perform certain duties selected from the sum of duties associated 125 with another post or posts, but the Trust servant is not appointed to hold the additional post or posts, the additional remuneration, if any, which ma)' be -sanctlcmeri will be special pay.

Note 2.- Pr, r_surnptwt: pay for the purpose of clause (b) of this regulation should, flwmdulg o suber egulatlon rso) of regulation § be talien what the Trust servant, who is placed in additional charge, will draw as initial pay in the time zeale of the additional post under regulation 10, where he faormally transferred to it. In cases, however, in' which the maximum |~ pay of theother post is less than the pay of the Trust servant in his substantive post, the maxinmum of the pay of the other post should be taken as the presumnptive pay for the purpose of clause (b) of this regulation.

Note 5.- Ln cases where a Trust servant is appointed to hold substantively as a temporary measure, or to officiate in two or more independent posts at one time and if 4 compensatory allowance is attached to one or more of the posts. he draws such compensatory allowance as a competent authority may fix; Provided that, such allowance shall not exceed the total of the compensatory allowanees attached to all the posts.

Note 4.- In cases where a Trust servant is given additional charge of one or more independent posts in addition o his own, he shall not receive any compensatory allowance attached to the second post, unless it be permanent travelling allowanee or conveyance allowanee, in which case he may be granted such permanent travelling allowance {or ordinary travelling allowance] or conveyance allowance, as the Committes may decide.

Note 5.- Additional pay or special pay should be excluded for the purposes for grant of Dearness Allowance, House Rent Allowance and Compensatory Local Allowance, 33, Remuneration when one post is subordinate to another- (1) A Trust servant who is appointed to officiate 45 a temporary measure in two posts of which one 15 subordinate to the other, 15 not entitled o any additional remuneration under regulation 32 save in exceptional circumstances.

(2) A Trust servant who, in addition to his own duties, is required to be in charge of the current duties of a second post, may be allowed special pay under clause (b} of regulation 52, when his own post is subordinate to the second post but not when the second post is subordinate to his own POSL.

126 "CHAPTER -V ALLOWANCES 3+. Allowances.- Unless otherwise provided or stipulated in the terms and eonditions of Trust service, every Trust servant’ shall be entitled; inter alia, to dearness allowance, ‘house rent allowance, compensatory lneal allowance, etc, at such rates as determined by the Committee and will be made applicable after obtaining the prior approval of the Government:

Provided that, grant of any allowances {other than dearness, house rent and compensatory local allowance shall be subject to the specific sanction of the Government:

Where this provision sits

ActThese Regulations may be called the Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Services (Pay and Allowances) Regulations, 2008.
Section26
Marginal noteOverstayal of leave and joining time to count for increments
JurisdictionState of Maharashtra
StatusIn force as published by the source

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