13.07.2015 Views

THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

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8. The power of interpreting these rules is reserved to the Government.RULING.The omission of the general principles of interpretation inculcated in the second subparagraphof Article 4 of the Civil Service Regulations, viz., that a GovernmentServant’s claim to pay and allowances should be regulated by the rules in force atthe time in respect of which the pay and allowances are earned, to leave by the rulesin force at the time the leave is applied for and granted, etc., in the FundamentalRules does not mean that the principles are to be abrogated and the intention is thatthey should be followed.CHAPTER II—DEFINITIONS.9. Unless there be something repugnant in the subject or context, the terms defined in thischapter are used in the rules in the sense here explained—unit.(1) Deleted.(2) Deleted.(3) Deleted.(4) Cadre means the strength of a service or a part of a service sanctioned as separate(5) Compensatory Allowance means an allowance granted to meet personal expenditurenecessitated by the special circumstances in which duty is performed. It includes travellingallowance.RULINGS.Relation between Special Pay and Compensatory Allowance.(1) The Fundamental Rules make a distinction in the definition of the terms “Special Pay” and“Compensatory Allowance”. These definitions should be strictly construed and an exact compliancewith the conditions stated in them is necessarily antecedent to the grant of either special pay orcompensatory allowance. No necessary inter dependence can be recognised between special payand compensatory allowance and it would be irregular to refuse to grant compensatory allowance to aGovernment servant when the cost of living would justify such a grant on the ground that he hadalready been granted special pay in consideration of the duties and responsibilities of his post or toreduce the amount of special pay granted to an officer on the ground that for reasons essentiallydifferent, a compensatory allowance is subsequently granted.Allowances for Loss of Privilege of Private Practice.(2) Any allowances granted to Professors of Medical Colleges to compensate them for loss of theprivilege of private practice should be treated as compensatory allowance.(5-A) Consolidated Fund means the Consolidated Fund of the State of Tamil Nadu asdefined in Article 266 (i) of the Constitution;(5-B) Constitution means the Constitution of India.(6) Duty—(a) Duty includes—(i) Service as a probationer or apprentice, provided that such service is followed byconfirmation.(ii) Joining time.(iii) Extra leave on average pay granted to a Government servant, undergoingtreatment at a Pasteur Institute.4

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