The Central Civil Services (Temporary Service) Rules, 1965

In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution, and after consultation with the Comptroller and Auditor- General in relation to persons serving in the Indian Audit and Accounts Department the President is pleased to make in supersession of the Central Civil Services (Temporary Service) Rules, 1949, the following rules to regulate the conditions of service of temporary Government servants, namely :

1. Short title, commencement and application.--

(1)     These rules may be called the Central Civil Services (Temporary Service) Rules, 1965. (2) They shall come into force at once. [(3) Subject to the provisions of Sub-rule (4), these rules shall apply to all persons : (i) who hold a civil post including all civilians paid from the Defence Services Estimates under the Government of India and who are under the rule-making control of the President, but who do not hold a lien or a suspended lien on any post under the Government of India or any State Government; (ii) who are employed temporarily in work-charge establishments and who have opted for pensionary benefits. (4) Nothing in these rules shall apply to?

(a)     Railway servants;

(b)     Government servants not in whole-time employment;

(c)      Government servants engaged on contract;

(d)     Government servants paid out of contingencies

(e)     persons employed in extra temporary establishments or in work charged establishments (other than the persons employed temporarily arid who have opted for pensionary benefits);

(f)      non-departmental telegraphists and telegraphmen employed in the Posts and Telegraphs Department;

(g)     such other categories of employees as may be specified by the Central Government by notification published in the Official Gazette.

2. Definitions.?

In these rules, unless the context otherwise requires--

(a)     "appointing authority" means, in relation to specified post, the authority declared as such under the Central Civil Services (Classification, Control and Appeal) Rules, 1965;

(b)     "temporary service" means the service of a temporary Government servant in a temporary post or officiating service in 'a permanent post, under the Government of India; and

(c)      "defence services" means services under the Government of India in the Ministry of Defence and in the Defence Accounts Departments under the control of the Ministry of Finance (Department of Expenditure) (Defence Division) paid out of the Defence Services Estimates and not permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (45 of 1950) or the Navy Act, 1957 (62 of 1957).

3. When a Government servant shall he deemed to be quasi- permanent.--

4. Declaration under Rule 3 to specify the posts.--

5. Termination of temporary, service.?

(1)     The services of a temporary Government servant who is not in quasi-permanent service shall be liable to termination at any time by a notice in writing given cither by the Government servant to the Appointing Authority or by the Appointing Authority to the Government servant:

(2)     The period of such notice shall be one month :

Provided that the service of any such Government servant may be terminated forthwith and on such termination the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services, or as the case may be, for the period by which such notice falls short of one month.

Note.--The following procedure shall be adopted by the appointing authority while serving notice on such Government servant under Clause (a)--

(3)     The notice shall be delivered or tendered to the Government servant in person.

(4)     Where personal service is not practicable, the notice shall be served on such Government servant by Registered post acknowledgment due at the address of the Government servant available with the Appointing Authority.

(5)     If the notice sent by registered post is returned unserved it shall be published in the official Gazette and upon such publication, it shall be deemed to have been personally served on such Government servant on the date it was published in the official Gazette.

(6)     Where a notice is given by the Appointing Authority terminating the service of a temporary Government servant or where the service of any such Government servant is terminated either on the expiry of the period of such notice or forthwith by payment of pay plus allowance the Central Government or any other authority specified by the Central Government in this behalf or a Head of Department, if the said authority is subordinate to him, may, of its own motion or otherwise, re-open the case, and after making such enquiry as it deems fit,--

(7)     confirm the action taken by Appointing Authority;

(8)     withdraw the notice;

(9)     reinstate the Government servant in service; or

(10)   make such other order in the case as it may consider proper :

Provided that except in special circumstances, which should be recorded in writing, no case shall be re-opened under this sub-rule after the expiry of three months--

(11)   from the date of notice, in case where notice is given;

(12)   from the date of termination of service, in a case where notice is given.

(13)   Where a Government servant is re-instated in service under Sub-rule (2) the order of re-instatement shall specify?

(14)   the amount or proposition of pay and allowances, if any, to be paid to the Government servant for the period of his absence between the date of termination of his services and the date of his re-instatement; and (ii) whether the said period shall be treated as a period spent on duty for any specified purposes.

6. Termination of temporary service on account of physical unfitness.?

Notwithstanding anything contained in Rule 5, the service of a temporary Government servant may be terminated at any time without notice on his being declared physically unfit for continuance in service by an authority who would have been competent to declare him as permanently incapacitated for service has his appointment been permanent.

7. Termination of quasi-permanent service.--

8. [Deleted].

9. Leave, allowances, etc. of a Government servant in quasi- permanent service.--

10. Terminal gratuity payable to temporary Government servants.?

(1)     Subject to the provisions of Sub-rule (1-B), a temporary Government servant who relics on superannuation) or is discharged from service or is declared invalid for further service shall be eligible for gratuity at the rate of?

(a)     one-half of a month's pay for each completed year of his service, if he had completed not less than five years' continuous service at the time of retirement, discharge or invalidment:

(b)     one month's pay for each completed year of his service, subject to a maximum of fifteen months' pay or fifteen thousand rupees, whichever is less, if he had completed not less than ten years' continuous service at the time of retirement, discharge of invalidment;

Provided that the amount of terminal gratuity payable under this sub-rule shall not be less than the amount which the Government servant would have got as a matching Government contribution to the provident fund if he were a member of a Contributory Provident Fund Scheme from the date of his continuous temporary service subject to the condition that the matching contribution shall not exceed 8-1/3 per cent of his pay.

(2)     In the case of a temporary Government servant who is compulsorily retired from service as a disciplinary measure, the provisions of Sub-rule (1) shall apply subject to the modification that the rate of gratuity payable in his case shall not be less than two-thirds of, but in no case exceeding, the rate specified in Clause (a), or as the case may be Clause (b) of Sub-rule (1).

(3)     In the case of a temporary Government servant who retires from service on attaining the age of superannuation or on his being declared to be permanently incapacitated for further Government service by the appropriate medical authority, after he has rendered temporary service of not less than ten years or who has sought voluntary retirement by giving three months' notice in writing on completion of 20 years, provisions of Sub-rule (1) shall not apply and in accordance with the provisions of Central Civil Services (Pension) Rules, 1972?

(4)     such a Government servant shall be eligible for the grant of superannuation, invalid or retiring pension, as the case may be, and retirement gratuity; and

(5)     in the event of his death after retirement, the members of his family shall be eligible for the grant of family pension).

(6)     In the event of death of a temporary Government servant while in service, his family shall be eligible for family pension and death gratuity at the same scale and under the same provisions ns are applicable to permanent Central Civilian Government servants under the Central Civil Services (Pension) Rules, 1972.

(7)     No gratuity shall be admissible under this rule to a Government servant?

(8)     who resigns his post or who is removed or dismissed from service as a disciplinary measure;

(9)     who is re-employed after retirement on superannuation or retiring pension:

Provided that a temporary Government servant who resigned from service to take up, with prior permission, an appointment under a Corporation or Company wholly or substantially owned or controlled by the Government or in or under a Body controlled or financed by Government shall be paid terminal gratuity at the rate prescribed under Sub-rule (1) in respect of the service rendered by him under the Government :

Provided further that a temporary Government servant who has been absorbed in a Central autonomous body, with the permission of the parent department, shall have an option to count the service rendered under the Government for the purpose of pension under the autonomous body if it has a pension scheme, instead of drawing the terminal gratuity under the first proviso. Explanation.--For the purpose of this sub-rule--

(10)   "Central autonomous body", means a body which is financed wholly or substantially from cess or Central Government grants and includes a Central Statutory Body or a Central University but does not include a public undertaking falling under the purview of the Bureau of Public Enterprises;

(11)   "financed substantially", means that more than 50% of the expenditure is met by cess or Central Government grants.]

(12)   Deleted.

(13)   Where gratuity under this rule is paid to or in respect of a Government servant who is not covered by Rule 54 of the Central Civil Services (Pension) Rules, 1972, no other gratuity or pensionary benefit is payable.

(14)   For the purpose of this rule,--

(a)     gratuity shall be calculated on the basis of pay which the Government servant was receiving immediately before his retirement or on the date of his death;

(b)     "Pay" shall mean pay as defined in Fundamental Rule 9 (21) (a) (i);

(c)      period of extraordinary leave, if any, availed of by the Government servant concerned shall be taken into account for computing the completed service on the same basis as it is taken into account for the purpose of calculation of pension and retirement gratuity/death gratuity under Rule 21 of the Central Civil Services (Pension) Rules, 1972, as amended from time to time; and

(d)     an increment earned during the currency of earned leave not exceeding 120 days or during the first 120 days of earned leave exceeding 120 days expiring on the date of retirement, though not actually drawn, shall form part of the pay for purposes of calculating terminal/death gratuity.]

11. Deleted.

Page 1 of 3

FORMS

Notice of termination of service issued under Rule 5(1) of Central Civil Services

(Temporary Service) Rules, 1965, where the appointing authority is the President.--In

pursuance of sub-rule (i) of Rule 5 of the Central Civil Services (Temporary Service) Rules,

1965, the President hereby gives notice to Shri/ Smt./Kumari................(name) that

his/her services shall stand terminated with effect from the date of expiry of a period of

one month from the date on which this notice is served on or, as the case may be,

tendered to him/her.

Station ....................

By order and in the name of the President

Date ....................

(Signature of the authority empowered

to authenticate documents in the

name of the President)

ACKNOWLEDGMENT

I hereby acknowledge the receipt on this day of the notice of termination from service.

Signature of the individual

Designation

Place

Date

Notice of termination of service issued under Rule 5(1) of the Central. Civil

Services (Temporary Service) Rules, 1965 where the appointing authority is

other than the president--In pursuance of sub-rule (1) of Rule 5 of the Central Civil

Services (Temporary Service) Rules, 1965, I hereby give notice to Shri/Smt./ Kumari

.................... that his/her services shall stand terminated with effect from the date of

expiry of a period of one month from the date on which this notice is served on or, as the

case may be tendered to him/her.

Station ....................

Date ....................

(Signature of the appointing authority)

ACKNOWLEDGMENT

I hereby acknowledge the receipt of this day of the notice of termination from service.

Signature of the individual

Designation

Page 2 of 3

Place

Date

Order of termination of services issued under proviso to sub-rule (1) of Rule 5 of Central

Civil Services (Temporary Service) Rules, 1965 where the Appointing Authority is the

President.--In pursuance of the proviso to sub-rule (1) of Rule 5 of the Central Civil

Services (Temporary Service) Rules, 1965, the President hereby terminates forthwith the

services of Shri/Kumari/ Shrimati .................... and directs that he/she shall be entitled

to claim a sum equivalent to the amount of his/her pay plus allowance for the period of

notice at the same rates at which he/she was drawing them immediately before the

termination of his/her serve, or, as the case may be, for the period by which such notice

falls short of the month.

Station .................... By order and in the name of the President

Date .................... (Signature of the authority empowered

to authenticate documents in the

name of the President)

Order of termination of services issued under proviso to sub-rule (1) of Rule 5 of

Central Civil Services (Temporary Service) Rules, 1965 where the Appointing

Authority is other than the President.--In pursuance of the proviso to sub-rule (1) of

Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, I hereby terminate

forthwith the services of Shri /Kumari/ Shrimati .................... and direct that he/she shall

be entitled to claim a sum equivalent to the amount of his/her pay plus allowances for the

period of notice at the same rates at which he/she was drawing them immediately before

the termination of his/her service, or, as the case may be, for the period by which such

notice falls short of the month.

Station ....................

Date ....................

(Signature of the appointing authority)

Order of termination of service issued under proviso to sub-rule (1) of Rule 5 of

C.C.S. (T.S.) Rules during the currency of notice of termination of services

already served on him, where the Appointing Authority is the President.

In modification of Notice No. ..................... dated .................... of termination of service

Shri/Smt./Kumari.................... (name) and in pursuance of the proviso to sub-rule (1) of

Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, the President hereby

terminate forthwith the services of Shri/Smt./Kumari .................... and directs that

he/she shall be paid a sum equivalent to the amount of pay and allowances for the period

by which the said notice falls short of one month calculated at the same rates at which

he/she was drawing them immediately before the date of this order.

Station .................... By order and in the name of the President

Date .................... (Signature of the authority empowered

to authenticate documents in the

name of the President)

Page 3 of 3

Order of termination of service issued under proviso to sub-rule (1) of Rule 5 of

CCS. (T.S.) Rules, 1965 during the currency of the notice of termination of

services already served on him. Where the appointing authority is other than the

President :

In modification of Notice No. ............................. dated .................... of termination of

service of Shri/Smt./Kumari .................... (name), and in pursuance of the proviso to

sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, I

hereby terminate forthwith the services of Shri/Smt./Kumari .................... (name) and

direct that he/she shall be paid a sum equivalent to the amount of pay and allowances for

the period by which the said notice falls short of one month calculated at the same rates at

which he/she was drawing them immediately before the date of this order.

(Signature of the Appointing Authority)

Station ....................

Date ...................... Top of Form