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Departmental test pass benefit clarification. GO MS 270 Dt; 30-04-1984


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 GENERAL ADMINISTRATION (SER.A) DEPARTMENT 

G.O. Ms. No. 270  Dated the 30th April, 1984

ORDER:

The issue relating to the correct view that has to be taken on the applicability of ruling under Fundamental Rule 26(a) i.c., conferring of right to draw increment or any benefit or concession on the Government Servants on the day following the last day of the examination ( www.teacherinfo.in) or test which an individual passes to matters relating seniority, promotion etc, has been under the consideration of Government for some time past. To keep the matters free from doubt and to avoid the scope of mis-intepretation to the above ruling, the following clarification is issued with a view to have an uniform pattern while deciding such cases in Public Services.

The ruling under fundamental Rule 26(a) reads as follows: 

1) If a probationer is confirmed at the end of a period of probation exceeding twelve months, he is entitled to claim retrospectively the increments which, but for his probation, he would have received in the ordinary course.

2) In cases where the passing of an examination or test confers on a Government Servant the title to any right, benefit or concession, such titles should be deemed to have accrued on the day following i the last day of the examination or test which he passed. In cases. where the examination or test which he passed in instalments the title to the right, (www.teacherinfo.in) benefit or concession will be deemed to have accrued on the day following the last day of the examination - in the subject or subjects in which he has passed etc. 

Note: "The right conferred by passing the examination is the right to draw an increment from the day following the last day of the examination, provided that the person concerned is otherwise eligible for the increment." 

3) The Andhra Pradesh Administrative Tribunal, in a case, has observed that the ruling under Fundamental Rule 26(a) cannot be interpreted to affect adversely the rights which accrued to another person service who had been validly promoted under rules. In fact, it cannot be stretched to reverse the seniority (www.teacherinfo.in) of or the right accrued to any particular individual. The ruling under Fundamental Rule 26(a) has been in consonance with the principles of natural justice and cannot have the result of reversing the seniority of a person validly promoted under the rules.

4) The aforesaid ruling (2) under Fundamental Rule 26(a) prescribed the conditions for the grant of increments. It is now a settled principle of interpretation that the context in which a provision is made should not be lost sight of. In view of this, ruling (2) under Fundamental Rules 26(a) should not be read in isolation and it has to be confined only to the sanction of increments and its scope cannot be widened out of context to matters relating to the seniority, promotions etc.

5) All the Departments of Secretariat, Heads of departments are, therefore, requested to keep the above position in view while examming cases under the provisions of Fundamental Rule 26(a).

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) 

K. OBAYYA

Secretary to Government.

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