One Day, One Minute, One Rule – 400 What instructions were issued by the Directorate regarding promotions to the Higher Selection Grade-I (Non-Functional Grade) [HSG-I (NFG)] in light of the proposed merger of the Postmaster cadre with the general line?

 214. Knowledge Spectrum – Discipline – ACTION ON RECEIPT OF COURT ORDERS 

391. How will the intervening period be treated? 
If the setting aside of the penalty is on merit, the intervening period will be treated as duty for all purposes. 
On the other hand, if the penalty is set aside for non-compliance of statutory provisions and the exoneration is not on merit, the intervening period shall not be treated as duty unless the competent authority directs that to be treated as duty for any specific purpose. FR54 -A (2) (i) read with FR 54 (5) refers in this connection. 
The competent authority may however allow the period to be treated as leave if the Government servant so desires. 

392. What will happen to the period of suspension immediately preceding the dismissal, removal from service or compulsory retirement? 
In case the penalty is set aside on merit, the period of suspension immediately preceding the penalty will also be treated as duty for all purposes and full back wages will be paid under FR 54 – A (3).. 
Note: It is significant that in case of reinstatement consequent to the orders of the appellate authority, even in cases where full payment is made for the post penalty period, proviso to Rule 54(2) makes a separate provision in respect of the period of suspension immediately preceding the penalty, depending upon whether the proceedings were delayed due to reason directly attributable to the employee. However, in the case of reinstatement on account of merit by virtue of court orders, such a question is not raised. The competent authority may however allow the period to be treated as leave if the Government servant so desires under FR 54(5). 

393. What is the pay and allowances admissible in respect of the cases, where the setting aside the penalty is on account of technical reasons (i.e. for non-compliance of the statutory provisions)? 
Under such cases where the setting aside is not on merit, the Government servant is not entitled for full pay and allowances. 
The competent authority will have to decide the pay and allowance admissible during the intervening period by issue of a notice indicating the proposed quantum and allowing time not exceeding 60 days for reply. 

394. What will be the situation if the employee was gainfully employed in the intervening period? 
Rule 54 – A (5) provides that the above stated payment shall be subject to adjustment towards the amount if any earned through an employment during the intervening period.