CHAPTER III

GENERAL CONDITIONS OF SERVICE

CONDITIONS REGARDING HEALTH AND AGE

(i) Medical Certificate of Fitness on First Entry into Government Service

3.1 Except as provided in rules 3.2 and 3.3, no person may be appointed in India to a post, in Government service without medical certificate of health, in the following form: –

“I hereby certify that I have examined                           , a candidate, who is male/female/transgender, for employment in the                                                                                             Department, whose signature is given above, and could not discover that                                                                                                      has any disease (communicable or otherwise), constitutional weakness or bodily infirmity, except

                      ,which I do not consider any disqualification for employment in the office of                                      . His/her age, according to his/her own statement is    years and by appearance about                       years     has been vaccinated within the last 12 months or has been re-vaccinated within the last 12 months, or has already had small-pox and shows obvious scars thereof.”

Photo of the candidate duly attested under the seal and signature of Competent Medical Authority issuing the certificate.

Marks of identification                          .

Impressions of the left hand thumb and fingers.

Signature of Applicant.

Signature of Competent Medical Authority.

In the case of candidates for Group „C‟ and „D‟ Services, a declaration in the Form, appended as an Annexure at the end of this Chapter, shall be obtained from the candidates at the time of medical examination required by this rule, or on re-employment to Government service. This declaration form should be filled in by the candidate concerned in the presence of the medical officer.

Explanation:–The person belonging to Transgender sex shall be treated as a male.

Exception 1:–The Administrative Department may authorise the drawal of pay and allowances for a period not exceeding two months in respect of fresh recruits to Government service without a medical certificate of health, subject to the condition that if the person concerned is subsequently found medically unfit his services should be terminated after the expiry of the period of one month from the date of communication to him of the findings of the Medical Officer/Board if no appeal for second medical examination is made by him during this period or after the case for second medical examination is finally decided if such an appeal, is made and accepted. This condition should be clearly stated in the initial letter of appointment.

The Administrative Department shall, however, exercise this power sparingly and in exceptional circumstances only, e.g., when it is considered necessary in the public interest that a selected person should be appointed immediately in anticipation of his medical examination.

Exception 2:–The Administrative Department may authorise the drawal of pay and allowances without production of fitness certificate in respect of Government employees, other than those covered by clauses (a) and (b) of Note 2 (iv) below rule

3.4 who are promoted to hold Group “A” or Group “B” posts and who are required to undergo medical examination by the appropriate medical authority, for a period not exceeding two months subject to the condition that if the person concerned is subsequently found medically unfit, he should be reverted to the lower post from which he had been promoted, after the expiry of one month from the date of communication to him of findings of the examining medical authority if no appeal for a second medical examination is made by him during this period or after the case for second medical examination is finally decided if such an appeal is made and accepted. This condition should clearly be stated in the relevant orders of promotion to the Group “A‟ or Group “B‟ post.

Note 1.–In the case of literate persons who can sign in English, Punjabi or Hindi, it will be sufficient if the examining Medical Officer or Board obtains on the Medical Certificate only the signature of the candidate in his or its presence which should he verified by the Head of Office by comparison with that in the Service Book.

Note 2.–A certificate to the effect that the medical certificate in the prescribed form has been obtained in respect of the Government employee should be furnished to the Audit Office as under :–

(i) In respect of Group “A‟ and „B‟ employees, certificate furnished by the competent authority to whom the medical certificate has been submitted, should be attached to the first pay bill.

(ii)In respect of Group “C‟ employees the drawing and disbursing officers should furnish certificate alongwith the first pay bill of the Government employee concerned.

(iii) Where the competent authority under „exception‟ below rule 3.1 authorises the drawal of the pay and allowances of a newly appointed Government employee for a period not exceeding two months without a medical certificate of health, a certificate to this effect should be furnished in the first pay bill.

(iv)Where an officer is declared temporary unfit by the competent medical authority and retained in service the period for which the officer has been declared temporarily unfit should be intimated to audit.

Note 3. Omitted.

Note 4.– The fee to be charged for medical examination of candidates selected for fresh appointment to the posts in connection with the affairs of the State, shall be notified by the Government from time to time. The entire amount of fee shall be credited into the Government Treasury.

Note 5.–(1) The fee to be charged for appeals against Medical Examination of Government employees who have been declared unfit by the Principal Medical Officer or Assistant to Civil Surgeon/Standing Medical Board shall be notified by the Government from time to time.

(2) Omitted.

(3) The fee for the second appeal in case of rejection on account of visual acuity which is permissible in doubtful cases will be same as the fee in case of first appeal.

(4)There should be no additional charges for the inclusion of second Ophthalmologist in the special Medical Board in case of appeals against rejection on account of visual acuity. It is the responsibility of the Government to constitute the special Medical Board with two Ophthalmologists and it is an internal arrangement as to where the second Ophthalmologist is called from.

(5)The successful appellant may be refunded the fee of appeal and also be paid travelling allowance by his department for his attendance before the Board on the analogy of the practice in case of appeal against invalidment. The Travelling Allowance should be granted equal to actual railway fare (of class of accommodation to which they are entitled) without any allowance for incidental expenses and daily allowance for the journey to be undertaken to appear before the Medical Board which is constituted to have another opinion about fitness.

3.2 A competent authority may, in individual cases, dispense with the production of a medical certificate and may, by general order, exempt any specified class of Government employees from the operation of rule 3.1.

Note.–Once a person is asked to produce a Medical Certificate of fitness for entry into Government service and has actually been examined and declared unfit, it is not open to the competent authority to use its discretion to ignore the certificate.

3.3 Except where the competent authority by general or special order directs otherwise, the following classes of Government employees are exempted from producing a Medical Certificate of health:–

1) A Government employee appointed by the High Commissioner for India.

2) A qualified student of the Thomason College, Roorkee, permanently appointed to the Public Works Department within 18 months from the date of the health certificate granted to him on the completion of the College Course.

3) A Government employee appointed in a temporary vacancy for a period not exceeding six months.

4) A temporary Government employee who has already been medically examined in one office if transferred to another office without a break in his service. The person concerned should, however, obtain a certificate from the Head of office from which he is transferred to the effect that he had already produced the requisite medical certificate of Health.

5) A retired Government employee re-employed immediately after retirement.

6) An ex-serviceman disabled in war operation.–In his case, however, the certificate of fitness granted by the Demobilisation Defense Services Medical Board for Civil Service may be considered valid for service under the Punjab Government:

Provided that the above certificate is not found to be inconsistent with the minimum standard otherwise prescribed for the post of service to which the appointment is to be made:

Provided further that in case where period of not less than one year has elapsed since the release of the disabled ex-serviceman from the Army, or it is otherwise considered necessary, the appointing authority shall have the power to get such ex-serviceman examined by the Civil Surgeon/Principal Medical Officer concerned.

Note 1.–The production of a Medical certificate is necessary when:–

1. i) A Government employee is promoted from a non-qualifying service paid from a local fund to a post in superior Government service.
2. ii) A person is re-employed after resignation or forfeiture of past service.

Exception: A person re-employed after resignation shall be exempted from producing a medical certificate of fitness if the resignation was for taking up another appointment under Government or quasi-Government body for which he applied with the approval of and through the appropriate authority; provided that he was medically examined by the Competent Medical Authority and declared fit according to the medical standards not lower than those in his new post.

Note 2.–In the case of Government employees referred to in clause (3) of the rule; the appointing authorities should, in any case, satisfy themselves that the candidate is protected against smallpox.

3.4 (1) (a) Except in the case of Members of the Punjab Home Guards, the Medical Certificate of health shall be signed by a Medical Board in the case of a Group “A‟ or Group “B‟ Government employee, and by a Principal Medical Officer or an Assistant to Civil Surgeon or a Medical Officer of equivalent status in the case of a Group “C‟ Government employee.

(b) In the case of the members of the Punjab Home Guards who are primarily governed by the Punjab Home Guards Act, 1947 and the Punjab Home Guards‟ Rules 1963, the medical certificate of health shall be signed by a Principal Medical Officer or Assistant to Civil Surgeon in the case of Group „A‟ and Group „B‟ employees and by a Senior Medical Officer or a Medical Officer of equivalent status in the case of Group „C‟ and Group „D‟ employees, and the medical examination shall be held in accordance with the standard laid down by the Commandant-General, Punjab Home Guards.

(2) (a) In the case of a female candidate appointed to a Group “A‟ or Group “B‟ post, the medical certificate shall be signed by a Medical Board consisting of a woman doctor possessing medical qualification included in one of the Schedules to the Indian Medical Council Act, 1956 (102 of 1956) as one of its members, and

(b) In the case of a female candidate appointed to a Group “C‟ or Group “D‟ post, the medical certificate shall be signed by a registered female medical practitioner possessing a medical qualification included in one of the Schedules to the Indian Medical Council Act, 1956 (102 of 1956).

(3)In the case of Group “D‟ Government employees, the medical certificate shall be signed by the Authorised Medical Attendant possessing a medical qualification included in one of the Schedules to the Indian Medical Council Act, 1956 (102 of 1956) and where there is no such Authorised Medical Attendant by a Government Medical Officer of the nearest dispensary or hospital possessing such qualification.

(4) A candidate who is likely to be employed in a temporary capacity continuously for a period exceeding three months shall produce either before or within a week from the date of employment, the certificate from the competent medical authority as prescribed in this rule. When, however, a Government employee initially employed in an office in a temporary capacity for a period not exceeding three months is subsequently retained in that office or is transferred without a break to another office and the total period of continuous service under Government is expected to last for a period exceeding three months he shall produce such a certificate within a week from the date of orders sanctioning his retention in that office or joining the new office.

Note 1.–(i) A person who is appointed to Government service afresh after a break in service not exceeding one year should be treated as in continuous service for the purpose of these orders, the period of break not being counted. If, however, the period of break exceeds one year, he should be regarded as a fresh entrant to Government service.

(ii)A person who is in continuous service but in different posts should be deemed for the purpose of these orders to have been in continuous service in the same post.

Note 2.–(i) Except as provided in para (4), a Government employee, holding under Punjab Government:–

(a) a Group „C‟ or Group „D‟ post when appointed to another Group „A‟ or Group „B‟ post, or

(b) a Group „A‟ or Group „B‟ post when appointed to another Group „A‟ or Group „B‟ post, either by transfer or on promotion in the same line or in a different line through open competitive examination, need not be required to undergo medical examination by the Medical Board, if he has already been declared fit on medical examination by the Civil Surgeon at the time of his entry into Government Service.

(ii)A permanent Government employee holding a Group „A‟ or Group „B‟ post in Centre or under any other State Government when appointed to a Group „A‟ or Group „B‟ post under the State Government need not be subjected to a fresh medical examination by a Medical Board ;

(iii)A permanent Government employee holding a Group “C” or Group “D” post in the Centre or under any other State Government when appointed to a Group “A” or Group „B‟ post under the Punjab Government will be required to undergo a fresh medical examination by a Medical Board, but when appointed to a Group “C” or Group „D‟ post, no Medical examination will be necessary ; and

(iv)In cases where the rules for recruitment to new appointment prescribe a fresh medical examination in respect of all candidates, all directly recruited/selected candidates irrespective of the fact whether they are already in permanent or quasi-permanent Government service in the same or in other departments or are fresh appointees, should undergo a medical examination by the prescribed standard and by the prescribed medical authority; provided that a fresh medical examination will not be necessary in the case of –

(a)         a person who is already in permanent or quasi-permanent employ of the Government and has already under gone a medical examination by a standard and by a medical authority which are recognised by the appointing authority as equivalent to those prescribed for the new appointment for which he is recruited/selected; and

(b) a person who is already in permanent or quasi-permanent employ in the same line, and being eligible for promotion to the new appointment against a promotion quota of vacancies, is actually so promoted.

Note 3. Omitted.

Note 4.–The Group „A‟ and Group „B‟ employees posted at Delhi are permitted to produce certificates of health and age signed by the Medical Board, Delhi.

Note 5.–A candidate recruited to the P.C.S. (Executive Branch) from Register A-1 (Tehsildars and Naib-Tehsildars) and Register A-II (Ministerial Government employees) should not be required to undergo medical examination if he was medically examined and declared fit on appointment to Government Service.

3.5 When a Government employee in whom a defect has been noticed by the examining surgeon, but which defect is not considered to be a disqualification for employment in the particular office or department in which he is serving, is subsequently transferred to another office or department the duties of which are of a different character, the transfer shall not be regarded as permanent until the Principal Medical Officer or Assistant to Civil Surgeon or other medical authority referred to in rule, 3.4 has, at the written request of the Head of the new office or department, certified either that the defect previously noticed has disappeared or that it does not constitute a disqualification for the new duties entrusted to the Government employee.

3.5A The appointing authority shall have power to require a Government employee to appear before a Medical Board to test his physical fitness for the efficient discharge of the duties of his post, whenever, it has reason to believe that Government employee is not physically fit to carry out his duties satisfactorily. The Government employee concerned shall, however, have a right of appeal to an appellate Medical Board, against the decision of the first Medical Board.

(ii) Age of entry into Government Service.

3.6 The age limit for persons to be appointed to the posts and services in connection with the affairs of the State of Punjab shall be such as may be specified by the Government from time to time.

Note.–See rules 5 and 5-A of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 and rule 5 of the Punjab State (Group „D‟) Service Rules, 1963.

3.7 Omitted.

3.8 Omitted.

• Vaccination and re-vaccination.

3.9 Every Government employee shall get himself vaccinated and re-vaccinated at any time when so directed by the Government by general or special order.

WHOLE TIME OF A GOVERNMENT EMPLOYEE AT THE DISPOSAL OF GOVERNMENT

3.10 Unless in any case it be otherwise distinctly provided, the whole time of a Government employee is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority, without claim or additional remuneration, whether the services required of him are such as would ordinarily be remunerated from Union or State revenues, or from the revenues of a local fund.

SUBSTANTIVE APPOINTMENT AND LIEN

3.11 Omitted.

3.12 (1) A Government employee confirmed on a post acquires a lien on that post. If such a Government employee is appointed by direct recruitment or by transfer in another department or in a different cadre in the same department, as the case may be, he shall give an option to acquire the lien on the post, presently held by him within a period of six months after the completion of his probation period, and on exercise of such an option, he shall cease to hold the lien on the post in the parent cadre or department, as the case may be, from the date he is confirmed against the post presently held by him. If such an option is not exercised by him within the aforesaid stipulated period, he shall be reverted back to the parent cadre or department, as the case may be.

(2) In the case of a temporary Government employee, who is appointed by direct recruitment or by transfer in another department or in a different cadre in the same department, he shall not be allowed to retain any lien on the post held prior to this his new appointment after the expiry of a period of two years from the date of his joining against the new post.

Note.–If a Government employee, who is confirmed against a post in a department, has been appointed by direct recruitment or by transfer in another department or in a different cadre in the same department and has also completed his probation period, but has not been confirmed on the new post upto the date of publication of the Punjab Civil Services Rules (First Amendment) Rules, Volume-I, Part-I, 1997, in the Official Gazette, he shall give an option to acquire lien on the post presently held by him within a period of six months from the date of publication of the said rules. If such an option is not exercised by him within the aforesaid stipulated period, he shall cease to hold the lien on the post in the parent cadre or post or department, as the case may be, from the date he is confirmed against the new post presently held by him.

3.13 Omitted.

3.14 Omitted.

3.15 A Government employee’s lien on a post, shall, in no circumstances, be terminated, even with his consent, if the result will be to leave him without a lien on any post.

3.16 Omitted.

3.17 (a) Government may transfer a Government employee from one post to another; Provided that except–

(1) on account of inefficiency or misbehaviour; or

(2) on his written request;

a Government employee shall not be transferred substantively to or, except in a case covered by rule 4.22, appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien.

(b) Omitted.

Note 1.–In cases covered by clause (a) (2) above the Government employee will have his initial pay fixed under rule 4.4 and, if necessary, under rule 4.10.

Note 2.–Permanent transfer from a higher to a lower scale in anticipation of the abolition of a post is not transfer within the meaning of this rule.

Note 3.–In cases in which it is desired to give to a Government employee an extension of service on the condition that he voluntarily agrees to accept a post in a lower grade, so as not to interfere with the legitimate expectations of his juniors to promotion; the only method is to create a temporary post. Such a step can only be permitted under most exceptional circumstances. It must be regarded as the normal course of events that an extension of service involves delay of promotion to juniors and no proposal for the creation of a temporary post to satisfy legitimate expectations will be considered unless it has been submitted to the competent authority before the extension of service is granted.

SUBSCRIPTION TO PROVIDENT FUNDS

3.18 A Government employee may be required to subscribe to a provident fund, a family pension fund or other similar fund in accordance with such rules as the competent authority may by order prescribe.

DATE OF RECKONING PAY AND ALLOWANCES

3.19 (1) Subject to any exceptions specifically made in these rules, a Government employee commences or ceases to be entitled to the pay and allowances of a post with effect from the date he assumes or relinquishes charge of the duties of that post, if he assumes or relinquishes charge of those duties in the forenoon of that date; otherwise from the following day.

Note.–This rule does not apply to cases in which it is the recognised practice to pay a Government employee at higher rate for more important duties performed during a part only of a day.

(2) The date from which a person recruited overseas shall commence to draw pay on first appointment shall be determined by the general or special orders of the authority by whom he is appointed.

3.20 The pay of personnel recruited by Government overseas who receive free passages, other than 1st class passages, on their first appointment, should commence from the date of embarkation for India: Provided that pay for the period from the date of embarkation for India up to the date of joining their posts will be admissible only on the condition that they join their appointments without unnecessary delay. The pay of personnel who receive first class passages should commence from the date of disembarkation in India: unless it is provided otherwise in his agreement or contract, or Government specially allow pay from any earlier date in any individual case. When they are prevented from proceeding at once from the Port of disembarkation in India to take up their appointments, they should be granted leave not due under rule 8.119 (d), as the circumstances of the case may require.

Note.–The phrase “without unnecessary delay” occurring at the end of the first sentence of this rule should be interpreted with reference to the joining time rules. This stipulation should be regarded as fulfilled if the officer reports for duty within the period allowed by the joining time rules with only one day (instead of six days) for preparation at the port of disembarkation and any excess over that number of days should be treated as “leave not due”. The minimum of the officer‟s time scale of pay (including overseas pay) or if there be no time scale but fixed pay, the fixed pay may be treated as his pay for the purpose of calculating half pay for the period of “leave not due”.

The phrase „without unnecessary delay‟ should be taken as referring only to the delay on the part of the officer in reporting himself for duty (either at the headquarters of Government or at the actual place of duty, as the case may be) and not delay in actually taking up his duties thereafter.

3.21 Omitted.

CHARGE OF OFFICE

3.22 Except as provided in rules 3.23, 3.24 and 8.25 to 8.33, the charge of an office must be made over at its headquarters; both the relieving and relieved Government employees being present.

Note 1.–Every relieving Government employee is responsible for informing the Government employee to be relieved, at the earliest possible moment of the date when he will be in a position to receive charge and it is the duty of the Government employee to be relieved to be in readiness to deliver charge on that date.

Note 2.–When more than one day is occupied in making over charge, the last date should be entered in the Charge Report and an explanation should be submitted.

3.23 A competent authority may permit the provisions of rule 3.22 to be relaxed either as to the place of making over charge or the condition that both Government employees shall be present, or both: Provided –

(a) both Government employees must be present unless the transfer or assumption of charge does not involve the handing or taking over of securities or of moneys other than a permanent advance;

(b)if the Government employee relieved departs before the arrival of his relief, his early departure shall not entail a correspondingly early transfer from another station of a Government employee to perform his duties ; and

(c) if the Government employee relieving arrives or returns from leave after the departure of the Government employee relieved, the delay in his arrival or return shall not involve a corresponding delay in the transfer to another station of the Government employee who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

Explanation:–In deciding whether the absence of a Government employee involves the transfer of a Government employee from another station for the purpose of the provisos (b) and (c) of this rule, account should be taken only of the substitute who takes the place of the absent Government employee, not of all Government employees, in the chain of arrangements arising from one Government employee‟s absence on leave.

Note 1.–For rules regarding the prefixing and affixing of holidays and vacation to joining time and leave see rules 8.26 to 8.33.

Note 2.–In cases involving transfer and charge of an office elsewhere than its headquarters, the exact nature of the reasons should be expressed on the face of the orders for the information of the Audit Officer.

3.24 On condition that the departing Government employee remains responsible for the moneys in his charge, a competent authority may declare that proviso (a) under rule 3.23 is not applicable to any particular case.

Note.–The handing over of a permanent advance is not a transfer of money, but the Government employee going on leave continues to be responsible for the money till the formal assumption of charge by his successor.

CONTINUOUS ABSENCE FROM DUTY

3.25 (1) Unless the competent authority in view of the exceptional circumstances of the case, otherwise determines, no Government employee shall be granted leave of any kind for a continuous period exceeding five years.

(2) Where a Government employee does not resume duty after remaining on leave for a continuous period of five years, or where a Government employee after the expiry of his leave remains absent from duty, otherwise than on foreign service or on account of suspension, for any period which, together with the period of the leave granted to him, exceeds five years, he shall, unless, the competent authority, in view of the exceptional circumstances of the case, otherwise determine, be removed from service after following the procedure laid down in the Punjab Civil Services (Punishment and Appeal), Rules, 1970.

Note.–This rule does not relate to cases where a Government employee is restrained from resuming duty by an order placing him under suspension. Sanction of the competent authority in terms of this rule in such a case is not, therefore, necessary. It is essential, however, in the interests of Government as well as of the concerned officer that disciplinary proceeding against an officer under suspension should be expedited and final orders passed as soon as possible.

RETIREMENT

3.26 (a) Except as otherwise provided in this rule, the date of retirement of a Government employee shall be as follows, namely:‒

(i) fifty-eight years in the case of Group „A‟, „B‟ and „C‟ employees; and

(ii) sixty years in the case of Group „D‟ employees;

Provided that if the State Government is of the opinion that it is necessary and expedient so to do in public interest, the Service of a Government employee or a class of Government employees, may be extended for a period of two years on yearly basis, subject, however, to giving an option within a period of three months before the date of retirement by the Government employee, who seeks extension:

Provided further that a Government employee, who is already on extension, shall also give fresh option within a period of one month from the date of publication of these rules:

Provided further that no Government employee, shall be retained in Service, after the completion of his extended period of Service. However under exceptional circumstances, if the State Government considers it necessary and expedient so to do in public interest, it may extend the Service of a Government employee beyond the aforesaid limit, for the reasons to be recorded, in writing.

(b) Notwithstanding anything contained contrary in these rules or any other rules for the time being in force, during the extended period of Service under clause (a), the Government employee shall be entitled to pay equal to the pay last drawn by him, on attaining the age of fifty-eight years or sixty years including an employee, who is already on extension, as the case may be:

Provided that the Government employee, whose Service is extended, shall not be entitled to, ‒

(i) promotion;

(ii) the benefit of Assured Career Progression;

(iii) an annual increment; and

(iv) any revision of pay made by the State Government:

Provided further that the pay of the Government employee already on extension, who has been given promotion or the benefit of Assured Career Progression during the extended period till the issue of this notification, shall be protected and he shall be given the retiral benefits on the basis of his protected pay.

(c) A member of the Punjab Civil Services (Judicial Branch) or the Superior Judicial Service shall be required to retire on attaining the age of sixty years if High Court is satisfied of his continued utility to the judicial system, subject to evaluation of his potential by making an objective assessment of his work, conduct and integrity and also keeping in view the reputation acquired by him as a Judicial Officer and has passed an order in this regard, otherwise the Judicial Officer will retire at the age of fifty eight years.

Explanation:–The decision to enhance the age of superannuation for the officers of the Punjab Civil Services (Judicial Branch) and of Superior Judicial Service has been taken in pursuance of decision of the Supreme Court dated the 24th August, 1993 in Review Petition No. 249 of 1992 in Writ Petition No. 1022 of 1989 and shall be applicable in consonance with guidelines laid therein.

(d) Notwithstanding anything contained in this rule a Government employee whose date of birth falls on any day of month other than the first of that month, shall on attaining the age of superannuation determined in accordance with the provision of clause (a), (b) or (c) as the case may be, retire on the last day of that month, which will be a working day.

Explanation.–A Government employee whose date of birth is the first of the month shall retire on the afternoon of the last day of the preceding month.

Note1.–Omitted.

Note 2.–Military Officers serving in Civil employ shall cease to be in such employ on reaching the age of 58 years.

Note 3.–Clauses (a) and (b) of this rule apply to all Government employees to whom these rules as a whole apply, whether they be holding temporary or permanent posts substantively or in an officiating capacity. When a Government employee holding a permanent post substantively is officiating in another post, this rule should be applied according to the character of the post in which he is officiating and not according to the character of the permanent post held substantively by him.

Note 4.–Omitted.

Note 5.–Regarding the day of attaining a specified age, see rule 2.5.

Note 6.–This rule is applicable to re-employed personnel and the rules in Chapter VII of Volume II of these rules are subject to the conditions laid down in this rule. Rule 7.17 of Volume II of these rules, however, from the nature of its concession and conditions puts the re-employment of a person in receipt of a superannuation or retiring pension in a special class outside this rule and subject to the conditions stated in that rule itself which must be observed with every renewal of sanction.

3.27 Notwithstanding anything contained in rule 3.26, the date of retirement of a Government employee (other than a Group „D‟ employee), who is suffering from any of the disabilities viz., blindness or low vision, hearing impairment, locomotor disability or cerebral palsy, shall be the date on which he attains the age of 60 years instead of 58 years:

Provided that whenever an appointing authority has reason to believe that such a Government employee is mentally or physically unsuitable to discharge the duties of the post held by him, it shall require him to appear before a Civil Surgeon for a medical check-up and his continuance in the Government service beyond the age of 58 years, shall be subject to being declared fit on such medical check-up.

Explanation 1.– (i) The term “disabilities” used in this rule shall have the same meaning as defined in Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central Act 1 of 1996); and

(ii) The expression “a Government employee, who is suffering from any of the disabilities” means a Government employee who is suffering from not less than forty per cent of any of the disabilities mentioned in this rule as certified by the medical authority specified by the Government.

Explanation 2.–(i) A Government employee whose date of birth falls on any day of month other than the first of that month, shall on attaining the age of 60 years, retire on the last day of that month, which will be a working day; and

(ii) A Government employee whose date of birth is the first of the month shall retire on the afternoon of the last day of the preceding month.

ANNEXURE

(Referred to in rule 3.1)

CANDIDATE‟S STATEMENT AND DECLARATION

The candidate must make the statement required below prior to his Medical Examination and must sign the declaration appended thereto. His attention is specially directed to the warning contained in the Note below: –

I declare all the above answers to be, to the best of my belief, true and correct.

I also solemnly affirm that I have not received a disability certificate pension on account of any disease or other condition.

Candidate‟s Signature  Signed in my presence

Signature of Medical Officer

Note.–The candidate will be held responsible for the accuracy of the above statement. By wilfully suppressing any information he will incur the risk of losing the appointment and, if appointed, of forfeiting all claims to Superannuation allowance or gratuity.