Service Rules

Service Rules

1 [In exercise of the powers conferred by the proviso to Article.309 of the Constitution of India, the Governor of Sikkim is pleased to adopt the Sikkim Government Service Rules, 1974 as the rules regarding recruitment and conditions of service of persons appointed to the services and posts in connection with the affairs of the State of Sikkim with effect from 26th day of April, 1975.]

Short title and commencement. -
1. These rules may be called the Sikkim Government Service Rules, 1974. They shall come into force with effect from 1st April 1974.
2. Except to the extent provided for under rule 4, they supersede corresponding provision contained in the Sikkim State Service Rules, 1940 as amended from time to time.
Application. -

Subject to the note below, these rules shall apply to all Government servants.

Note: The pay and allowances and other conditions of service of any person whose service may be obtained on deputation or contract from an organization outside Sikkim shall be regulated in accordance with the orders of deputation or contract as the case may be.
Right to relax, alter, augment or interpret. -

The 189 Government, within their discretion may relax, alter or add to these rules at any time. In the event of doubt as the interpretation of any of the rules, the decisions of the Government shall be final.

Regulation of Government Servants claims.-

A Government servant's claim to pay and allowances shall be governed by the rules or orders in those respect in force at the time when the pay and allowances are earned, that to leave by the rules in force at the time the leave is applied for and granted, and that to pension and of gratuity by the rules in force at the time when the Government servant retired or is discharged, provided that where an option to be governed by another set of rules is granted to and exercised by him, the rules by which he has opted to be governed, will be operative.

CHAPTER II

DEFINITIONS

In these roles, unless the context requires otherwise,-

Absentee means a government employee absent from an appointment on which he has a lien, on leave other than casual leave, or on deputation to another appointment, whether permanent or temporary or on special Government duty, or on joining time during transfer to another appointment, or under suspension.
Appointing Authority means the Government of Sikkim or any subordinate authority empowered to make appointments to service under the Government of Sikkim.
Compensatory Allowance means an allowance granted to meet personal expenditure necessitated by the special features of those places or other circumstances in which duty is performed. This also includes Travelling Allowance, Dearness Allowance, House Rent Allowance and Difficult Area Allowance.
Competent authority means the Government of Sikkim or any subordinate authority to whom powers may be delegated in respect of the relevant duty or responsibility.
Controlling Authority means the Government of Sikkim or any subordinate authority to whom powers may be delegated in respect of the relevant duty or responsibility.
Day means a calendar day, beginning and ending at midnight but absence from headquarters, which does not exceed 24 hours, shall not re reckoned as more than one day, at whatever hour the absence begins or ends.
Family means a Government servant's wife or husband, as the case may be, and legitimate children and stepchildren residing with, and are wholly dependent upon the Government servant. It also includes his parents, unmarried sisters and minor brothers, if wholly dependent on, and residing with the Government servant.
Head of Department means a Secretary to the Government or an officer in executive charge of a department declared as Head of the Department.
Head of Office means the officer in executive charge of an office of the Government declared as Head of Office.
Joining time means the time allowed to a Government servant to join a new post or to travel to or from a Station to which he is posted.
Lien means the title of Government servant to return on the termination of a period of authorized absence to a post, which he holds substantively.

[Explanation. - The concept of lien as the title of a Government servant to hold substantively a permanent post will undergo a change consequent on simplification of confirmation procedure as per Note (iii) below rule 7. Lien will now represent only the right/title of a government servant to hold a regular post, either permanent or temporary, either immediately or on termination of period of absence. The benefits of having a lien in a grade will thus re enjoyed by all government servant who are confirmed in the grade of entry or who have been promoted to a higher post and declared as having completed the probation satisfactorily where it is prescribed or those who have been promoted on regular basis to a higher post where no probation is prescribed under the rules, as the case may be.

The above right/ title will, however, be subject to the condition that the junior most person in the grade will re liable to be reverted to the lower grade if at any time the number of persons so entitled is more than the posts available in the grade. For example, if a person who is confirmed or whose probation in a higher post has been or declared as having been completed or one who is holding a higher post for which there is no probation on a regular basis or reverts from deputation or foreign service and if there is no vacancy in that grade to accommodate him/her, the junior most person will be reverted. If, however, this government servant himself/herself is the junior most he/she will re reverted to the next lower grade from which he/she was earlier promoted]

Month means a calendar month.

Note. - In calculating period expressed in terms of months and days, complete calendar months irrespective of the number of days in each month should first be calculated and the odd number of days calculated subsequently.

[Example. - (a) To calculate 3 months and 20 days on and from the 25th January , the following method should be adopted: -

	Y	M	D	25th Jan to 31st January
	0	0	7
February to April	0	3	0
1st May to 13 May	0	0	13
	0	3	20
(b) The period commencing on 30th January and ending with 2nd March should be deemed as 1 month and 4 days as indicated below: -
	Y	M	D
30th January to 31st January	0	0	2
February	0	1	0
1st May to 2nd March	0	0	2

Officiating appointment: A Government Servant is said to be holding an officiating appointment, when he performs the duties of a vacant or newly created temporary post on which no Government servant holds a lien without completing the minimum number of qualifying years of service as may have been or as may be prescribed by the Government from time to time.
Pay also includes for all purposes any Special pay or personal pay, which may be sanctioned to the person concerned.
Personal Pay means the additional pay granted to a Government servant.
1. to save him from a loss of substantive pay in respect of a [regular post, whether permanent or temporary] due to revision pay or to any reduction of such substantive pay otherwise than as a disciplinary measure or
2. in exceptional circumstances on other considerations to be decided by the competent authority.
Probationer means a Government servant who is appointed on training to a Gazetted post as a direct recruit on the result of competitive tests conducted on an All Sikkim basis and whose fitness for the post is under observation for such period as the Government may prescribe.
Salary means the sum of pay and monthly allowances.
Service on deputation means service in which a Government servant receives his emoluments with the sanction of the Government from any source other than the consolidated funds of the Government.
Special Pay means an additional pay granted to a Government servant under orders of competent authority in consideration of a specific addition to responsibility and for exceptional circumstances to be decided by the competent authority.
Subsistence allowance means the monthly allowance allowed to a government servant placed under suspension under proper order and not entitled to draw duty pay or leave salary.
Substantive pay means the pay other than Special Pay and Personal Pay to which a Government servant is entitled to on account of a post to which he has been appointed substantively.
Time scale of pay means pay which subject to any condition prescribed in these rules, rises by periodical increment from a minimum to a maximum.

Average pay means the average of the monthly pay (including Personal Pay and Special Pay, if any) earned during the 12 months immediately preceding the month in which the event occurs necessitating the calculation of average pay.

CHAPTER III

GENERAL CONDITION OF SERVICE

The whole time of a Government servant is at the disposal of the Government and he may be employed in any manner required by the competent authority.
Unless otherwise directed by the Government in any particular case, the status of a person newly appointed against a post shall be purely temporary till he completes the period of probation, as prescribed for the post, continuously and satisfactorily either in same post or in another equivalent or higher post or posts. On completion of the said period, he/she shall be eligible to be confirmed in his/her turn in the entry grade subject to his/her being found suitable and availability of a regular post, temporary or permanent.

Note. -
1. A Government servant cannot be confirmed against more than one post grade at the same time.
2. The Government may appoint a permanent Government servant against any post in a temporary capacity. In such cases, his/her service in a temporary capacity in any post shall count as continuous qualifying service for all purposes.
3. 1. General
    1. Confirmation will be made only once in the service of an official which will be in the entry grade.
    2. Confirmation is delinked from the availability of permanent vacancy in the grade. In other words, an officer who has successfully completed the probation may be considered for confirmation.
  2. Confirmation in the grade to which initially recruited.-
    1. As at present, the appointee should satisfactorily complete the probation.
    2. The case will be placed before the DPC constituted by the Government from time to time.
  Government of Sikkim’s orders.
  
  1.         In pursuance of Notification No.29/Gen/OOP dated 10.7.1996, the Governor is pleased to constitute a Departmental Promotion Committee to examine the case pertaining to crossing of probation period vis-A-vis confirmation of service as under:-
  
  A.        FOR- GAZETTED GRADE
  
  1          Secretary, Department of Personnel,                 : Chairman
  
              AR and Training.                                              :
  
  2.         Additional Secretary/Joint Secretary,     : Member
  
              Department of Personnel, AR and. Training       :
  
  3.         Additional Secretary/Joint Secretary,     : Member
  
              Finance Department
  
  The Committee may also co-opt Additional Secretary/Joint Secretary of the Department concerned, if necessary.
  
  B.         FOR NON GAZETTED GRADE.
  
  1          Secretary/Head of Department              : Chairman
  
              concerned.
  
  2.         Additional Secretary/Joint Secretary,     : Member
  
  Department of Personnel, AR and. Training       :
  
  3.         Additional Secretary/Joint Secretary,     : Member
  
             Finance Department
  
  4.         Any officer in the level of Deputy Secretary
  
              & equivalent of the Department concerned to
  
             be nominated by the Chairman.
  
  [Department of Personnel Notification No. H(26)109/Gen/DOP dated 3.3.1997 published in Extra-Ordinary Gazette No.45 dated 18.4.1997.]
  
  2.         In pursuance of Notification No.29/Gen/DOP dated 10.7.1996 and H(26)
  
  109/Gen/DOP dated 3.3 .1997 regarding confirmation in the service and crossing of probationary period in the initial appointment, the terms of reference of the Committee shall be as under:-
  
  Page:    11
  
  1.         A.C.Rs for two years .in the case of direct recruits whose probation period is for two years.
  
  2.         A.C.R for one year for promotees.
  
  3.         Police Verification Report for direct recruits in first appointment.
  
  4.         Departmental clearance)
  
  (Department of Personnel, AR and Training Office Memorandum No. 1779/G/DOP dated 17.10.1997
  1. A specific order of confirmation will be issued when the case is cleared from all angles.
  1. On promotion. -
    1. If the recruitment rules do not prescribe any probation, an officer promoted on regular basis (after following the prescribed DPC, etc. procedure) will have all the benefits that a person confirmed in that grade would have.
    2. Where probation is prescribed, the Appointing Authority will, on completion of the prescribed period of probation, assess the work and conduct of the officer himself/herself and in case the conclusion is that, the officer is fit to hold the higher grade he/she will pass an order declaring that the person concerned has successfully completed the probation. This declaration will be noted in the Service Book. If the Appointing Authority considers that the work of the officer has not been satisfactory or needs to be watched for some more time, he/she may revert him/her, to the post or grade from which he/she was promoted or extend the period of probation as the case may be.
      
      Since there will be no confirmation on promotion before an official is declared to have completed the probation satisfactorily, a rigorous screening of his/her performance should be made and there should be no hesitation to revert a person to the post or grade from which he/she was promoted if the work of the official during probation has not been satisfactory.]
Acquisition of lien: - A Government Servant who is confirmed against a post shall acquire a lien on that post while performing the duties of that post or being temporarily away from it on deputation, leave or other circumstances of authorized absence from it, except retirement, or while under suspension.

Note.- Government Servant shall not be entitled to a lien on more than one post at the same time.
Transfer from one post to another. - The competent authority may within its discretion transfer a Government Servant from one post to another provided that except on grounds of disciplinary action under the relevant rules, the transfer shall not be to a post carrying less scale of pay than that attached to the post on which the Government Servant holds lien.
Date of commencement of pay and allowances.-
1. A Government Servant appointed to a post under Government shall begin to draw the pay and allowances attached to his tenure in that post with effect from the date on which he assumes the duty of that post. If, however, the charge is assumed in the afternoon of a day his entitlement to the pay and allowances of that post shall commence only with effect from the following day.
2. A Government Servant shall be entitled to draw the duty pay and allowances attached to his tenure in a post only during such periods as he actually performs the duties attached to that post. His entitlement to duty pay and allowances shall, therefore, cease from the, day he ceases to discharge such duties.
  
  Note. - The payment of pay and allowance to Government Servant while on authorized absence from duty such as leave, or joining time while on transfer from one post to another or during a period of suspension will be governed by the relevant provisions of these rules.

Charge Reports. - Every Government servant of Gazetted Status shall, on initial assumption of duties of a post whether on first appointment to Government service or in replacement of another Gazetted Officer, submit a charge report in the prescribed form specifying the date and time (i.e. forenoon or afternoon) of assumption of charge.

forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms, forms,

Subscription to provident fund. - The Government may, by order, require a Government Servant to subscribe to a Provident Fund or any other similar Fund constituted by the Government.
Resignation. -
1. A temporary Government Servant shall be entitled to resign from Government Service by serving a notice in writing of 30 days or of such other Period as may have been specified in his appointment order. The appointing authority shall, however, have the discretion to waive such notice or to accept the resignation before the expiry of the Period of such notice.
2. A permanent Government Servant intending to resign from service must submit his request addressed to the appointing authority giving three months notice and unless it is accepted, he cannot resign.
3. Save with the previous approval of the government no withdrawal shall be permitted after its acceptance.
Absence from duty for a period exceeding 3 years. -
1. No Government Servant shall be granted leave of any of kind for a continuous period exceeding three years.
2. A Government Servant remaining absent from the post on which he holds a lien for more than the maximum admissible period shall cease to be in Government Employment.
  
  Note. - This rule shall not apply where absence from a post is caused by the government Servant's transfer on deputation or training with the previous approval of the Government.

Conduct Rules. - Every Government Servant is expected to abide by the Sikkim Government Servant Conduct Rules, 1981 already published vide Notification No.5(124)9/En/EST dated 14.4.1981.

CHAPTER IV

FIXATION OF PAY GENERAL RULES

The initial pay of a Government servant on first appointment to Government service against a post carrying a time scale of pay shall be fixed at the minimum of that scale: Provided that the Government may, in individual cases, fix the initial pay at a higher stage in the same scale in consideration of the higher educational qualification or past experience of the person so appointed.
When a Government employee is appointed to another post carrying an identical scale of pay, his pay in the new post shall be fixed at the stage equal to pay he was drawing in the old post.
1. When a Government Servant is promoted to a post carrying duties and responsibilities of greater importance as well as in higher time scale of pay, his initial pay in the higher time scale of pay shall be fixed at the stage next above the pay notionally arrived at by adding one increment in the lowest rate of higher time scale of Pay: Provided that no increment shall be added when a Government servant attains higher scale of pay without involving assumption of greater responsibilities. Fixation of initial pay in such a case shall be made at the appropriate stage of the higher time scale of after adding the shortfall. if any.
2. In case of fixation of pay under rule 18(1) on promotion, increments in the new pay scale shall be granted only after one year from the date of promotion. The date of increment in respect of a Government servant attaining higher time scale whose pay is fixed under proviso to sub-rule (l) above, shall undergo no change and shall continue to draw increment in the higher time scale on the normal date of accrual of increment in the lower time scale.
3. When a post is upgraded and placed in a higher time scale and the Government Servant, who had been holding the post before its Upgradation, is found fit by the Government to continue to hold the post after its Upgradation, his pay and date of increment in that scale shall be regulated in accordance with sub-rule 2. Provided that this sub-rule shall not be invoked in cases covered by rule 20.
  
  Government of Sikkim's decision.
  
  In order to remove anomaly in fixation of pay of Government Servants promoted shortly before accrual of increment in the lower scale of pay and also to avoid hardship in fixation of pay of Government servants on regular establishment appointed to higher posts through open competitive examination, the Governor is pleased to make the following orders: -
  
  A. Fixation of pay on promotion before accrual of annual increment in the lower pay scale. -
  
  In such cases the Government Servant may be given an option:-
4. either to have his pay fixed in the higher time scale of pay straightaway under sub-rule 1 of rule 18 of the Sikkim Government Service Rules, 1974, from the date of promotion; or .
5. have his pay fixed initially at the stage in the higher pay scale next above his substantive pay in the lower scale from the date of promotion and then have it refixed as per provisions of sub-rule 1 of rule 18 of the Sikkim Government Service Rules, 1974, from the date of accrual of annual increment in the lower scale of pay.
  
  Note. - When pay is fixed under (b) above, the Increment in higher pay scale shall accrue after one year from the date of re-fixation only.
  
  B. Fixation of pay on appointment to higher post through open competitive
  
  examination. -
  
  In case of a government Servant on regular establishment who is appointed to higher post by direct recruitment through open competitive examination, his pay on such appointment shall be fixed at the minimum of the scale of pay of the new post and the difference, if any, between his basic pay in the existing lower post and such minimum shall be allowed as Personal Pay to be absorbed in future increases of basic pay.
  
  In case the scale of pay of the new post and pay scale of the post held by the Government Servant before appointment to the new post is identical, the pay on appointment to new post shall be fixed in accordance with rule 17 of the Sikkim Government Service Rules, 1974, and the annual increment shall accrue on completion of one year service in the new post.
  
  2. All pending cases shall be disposed off as per these orders. Option under item' A' above shall be exercised within three months of the date of promotion. In cases of promotion prior to these orders the option shall be exercised within three months of the date of issue of these orders.
  
  [Establishment Department Notification. No. 132/Gen/Est. dated 21.7.1989.]
  
  2.1       WHEREAS the pay of State Government employees, on promotion, IS being fixed in accordance with provisions contained under rule 18(1) of the Sikkim Government Service Rules, 1974, as amended from time to time.
  
  2.2.      AND WHEREAS the rule 18(1) of the said rules provides that when a Government Servant is promoted to a post carrying duties and responsibilities of greater importance as well as the higher time scale of pay, his initial pay in the higher time scale of pay shall be fixed at the stage next above the pay notionally arrived at by adding one increment in the lowest rate of higher time scale of pay:
  
  Provided that no increment shall be added when a Government Servant attains higher scale of pay without involving assumption of greater responsibilities. Fixation of pay in such case shall be made at the appropriate stage of the higher time scale of pay after adding the short fall, if any.
  
  2.3.      AND WHEREAS clarification was necessary regarding applicability of Rule 18(1) of the Sikkim Government Service Rules, 1974, in cases of fixation of pay on promotion of those Government employees who had been granted Advancement Grade and later on promoted in the same time scale of pay.
  
  2.4.      AND WHEREAS the matter has been carefully considered in consultation with the Finance and Law Departments.
  
  2.5.      NOW THEREFORE considering the fact that such Government employees who were already on Advancement Grade had assumed duties and responsibilities of greater importance after promotion in the same time scale of pay and having taken into consideration the application of provision contained in FR 22(I)(a)(l) in similar cases for Central Government employees, the Government has now been pleased to decide that provision contained in Rule 18(1) of the Sikkim Government Service Rules,1974, as amended from time to time, shall also apply in case of fixation of pay on promotion of those Government employees who had been granted Advancement Grade and later on promoted in the same time scale of pay.
  
  2.6.      This Notification shall be deemed to have come into force on the 2^nd day of August 1994, i.e. the date of implementation of Advancement Grade Scheme.
(Department of Personnel Office Memorandum No.222/Gen/DOP dated 23.11.2001.)
Where a Government Servant whose pay in a post has been fixed under rule 18 is subsequently.
1. reverted to the post which he was holding immediately before such appointment or to a post in the same time scale, his pay shall be fixed at the stage at which he would have drawn pay had he continued in the post;
2. appointed to a post carrying a scale of pay which lies in between the higher and the lower time scale, his pay in the new time scale shall be fixed at that stage at which he would have drawn pay under rule 18 had he been appointed to the new time scale from the date on which he was appointed to the higher post
When the scale of pay of a post is revised, the pay of a Government servant holding such a post shall be refixed in the new scale in the manner prescribed in the order revising the scale.
Where a Government Servant appointed to a post under Government on a purely temporary basis is subsequently appointed, following the abolition of that post or the return of its previous Incumbent, to another post the scale of pay of which is either the same or higher than the scale of pay of the post he was holding, his pay in the new time scale shall be fixed at the Stage equivalent to the pay he was actually drawing in the previous post. If there be no such Stage in the new time scale, his pay shall be fixed at that Stage in the new time scale as is next above the last pay drawn by him in the previous scale.

If a Government servant holding a post on a time scale of pay is temporarily appointed to a higher post carrying a fixed pay and is subsequently reverted to his post in the time scale, his pay on such revision will only be equal to what it would have been had he continued in the time scale.

CHAPTER V

REGULATION OF PAY OF PROBATIONARY OFFICERS AND TRAINEES.

23. Probationary officers.-

(1) A Probationary Officer may be required to undergo initial training at any place within or outside Sikkim as the Government may decide. The nature and duration of such training shall be as prescribed by the Government from time to time.

(2) After satisfactory completion of such initial training a Probationary Officer shall be placed on probation for a period of one year or

more.

24. The status of a Probationary Officer shall be that of a purely temporary Government Servant. His appointment may be terminated at any time if in the view of the Government his progress during the period of training or during the period of probation thereafter has been unsatisfactory.

25. On satisfactory completion of the period of probation, the Probationary Officer may be appointed on an officiating basis and shall be eligible for confirmation against a permanent post in his turn.

26. (1) During the period of training, a Probationary Officer shall be entitled to draw pay and allowances as follows:-

(a) When the training is within Sikkim, during the training period a consolidated training allowance for 1^st year of training/ probationship/ apprenticeship shall-be granted as under, namely,-

1. Group D - RS.6,000/-p.m

2. Group C - Rs.7,000/-p.m.

3. Group B - Rs. 8,000/- p.m.

However, the in-service candidates seeking fresh appointment to a post thought competitive examination shall continue to draw salary in lower scale of pay shall not be entitled to draw training allowance.

(a) When the training in outside Sikkim, during the training period a consolidated training allowance for 1^st year of training/probationship/Apprenticeship shall be granted as under, namely,-

1. Group D - Rs. 6,000/- p.m.

2. Group C - Rs. 7,000/- p.m.

3. Group B - Rs. 8,000/- p.m.

However, the in-service candidates seeking fresh appointment to a post

through Competitive examination shall continue to draw salary in lower scale of pay but shall not be entitled to draw training allowance.

(2) During the period of probation, after the completion of training, a Probationary Officer shall be entitled to draw such pay and allowances as may be prescribed by the Government.

27. On appointment on an officiating or permanent basis after completion of probationary period, the pay of the officer shall be refixed in the relevant time scale after allowing him the bebefit of increments, if any, which might have become due in the that time scale during the period of training and probation.

28.Trainees other than Probationary Officers. - At any time during service a Government servant may be deputed for training either within Sikkim or outside in such course or courses as the Government may decide. During such training, the Government servant shall continue to draw the salary which he was receiving in the post from which he was deputed for training, If the place of training is outside Sikkim, he may, in addition to his salary mentioned above, be granted a training allowance the amount of which shall be determined by the Government with reference to the merits of the circumstances in each case.

29.A person who is not already in Government service nor is a probationary Officer as defined in these rules, but is yet selected to undergo training with a view to his subsequent appointment under Government may be paid a monthly stipend or scholarship the quantum of which shall be defined by the Government on the merits of each case.

Note. - The Government may require any person to whom the provision of rule 23 to 29 apply, to execute a bond undertaking to serve the Government on completion of the training or probation, for such period as it may determine and also to give such financial or other security for the bond as it may consider appropriate.

Government of Sikkim's order

1.1 The Government of Sikkim has been pleased to sanction training allowance for in-service trainees undergoing training within State of Sikkim at the rate of 15% of the basic pay.

1.2 This order will come into force with effect from 1.4.1978.

2.1 In Supersession of Office Order No. 180/Fin dated 24.10.1978 and all other orders pertaining to training allowance for in-service training deputed outside the State of Sikkim, the Government of Sikkim have now decided, in consultation with the Finance Department, to regulate grant of special Allowances as mentioned below:

Level of officers	If board and lodging are provided by the Institute including Sikkim House.	If the trainee/participant is permitted to stay outside on account of non-availability of board and lodging facilities
(a) Deputy Secretary and equivalent and above.	* 1/4.of D.A of Entitled class	* Rs.120/- per day and
(b) Others	*1/4 of D.A of Entitled class	*Rs.80/-per day

2.2. If the period of training itself exceeds 30 days excluding the period of Journey from the headquarters of the Government servant to the place to training and back, a fixed special allowance at the following rates shall be admissible: -

(a) Deputy Secretary and equivalent level and above.	*Rs.1000/- p.m.	* Rs.1400/- p.m.
(b) Others	*Rs.600/- p.m.	*Rs.1000/- p.m.

[*Rates revised with effect from 28.5.1994 vide Deptt of Personnel Notification No.12/Gen/DOP dated 28.5.1994]

2.3 The Special Allowance at the above rates shall be admissible in addition to pay, House Rent Allowance and Dearness Allowance except Hill Compensatory Allowance and to cover all expenses like conveyance etc.

2.4 A Government servant shall also be entitled to traveling allowance and daily allowance from his headquarters to the place of training and back.

2.5 An in-service training shall have to submit a certificate issued by the Head of the Institute wherein he has been admitted to receive training to the effect that the trainee has not been provided board and lodging and permitted to stay outside at his own arrangement.

2.6 This order takes effect from the first march, 1981. Those who have already been undergoing training will continue to draw whatever allowances already granted to them. {Establishment Department Notification No.276/Gen/Est dated -5.3.1981.}

CHAPTER VI

INCREMENTS

30.An increment accrues from the day following that on which it is earned.

Editor’s note.- Annual increment is earned after rendering twelve months' qualifying service. However, with the acceptance and implementation of the recommendation of the fourth Pay Commission of Sikkim, to have a uniform date of annual increment, namely, 1^st July of every year, this basic principle of increment has undergone change with effect from 1.1.2006. Relevant provision of the Sikkim Government Service (Revised Pay) Rules, 2009 regulating grant of annual increment is therefore reproduced below for reference. -Ed.

Extract of rule 10 of the Sikkim Government Service (Revised Pay) Rules, 2009.

[10. Date of next increment in the revised pay structure. -There will be uniform date of annual increment, namely 1^st day of July of every year. The employee completing 6 (six) months and above in the revised pay structure as on 1st day of July will be eligible to be granted the increment. The first increment after fixation of pay on 1.1.2006 in the revised pay structure will be granted on 1.7.2006 to those Government servants who earned their last increment between 02.01.2005 and 01.01.2006.:

Provided that in the case of persons who had been drawing maximum of the exiting scale for more than a year as on the 1't day of January 2006, the next increment in the revised pay structure shall be allowed on the 1st day of January, 2006. Thereafter provision of rule 10 would apply:

Provided further that in case where an employee reaches the maximum of his pay band, shall be placed in the next higher pay band after one year of reaching such a maximum. At the time of placement in the higher pay band, benefit of one increment will be provided. Thereafter, he will continue to move in the higher pay bond till his pay in the- pay hand reaches the maximum of Pay Band -5, after which no further increment will be granted]

31. (i) All duty in a post on a time scale of pay shall count for increment in that time scale as well as in the time scale of the post in which the Government holds a lien.

1. In the case of a permanent government servant all leave other than extraordinary leave as defined m rule 72* shall count and above for increment in the time scale of pay of the post on which he holds a lien.
2. In the case of temporary Government servant and in case of officiating appointments all leave other than extraordinary leave as defined in rule 72* shall count for increments in the time scale of post which the Government servant was holding at the time of proceeding on leave provided he returns, at the end of the leave, to the same post or to another post on the same or higher time scale of pay.
Extra- ordinary leave as defined m rule 72* shall not count for increment in any post.

Editor's note. - Rule 72 (of the Sikkim Government Service Rules, 1974) is superseded and replaced by rule 20 of the Sikkim Government Service (Leave) Rules, 1982 with effect from 1st April 1981.is no more in existence. Now relevant rule is rule 20 of the Sikkim Government Service (Leave) Rules ,1982.]

[(2) Since there will be only one date of increment for all, it cannot be changed to other date because of grant of Extra Ordinary Leave. Therefore, Extra Ordinary Leave for more than six months only will have the effect of postponing the date of annual increment]
Period of deputation shall count for increment.
1. in the time scale of the post on which the Government servant holds a lien and also
2. in the time scale of the post from which he was deputed provided he returns to the same post or to a post on the same or a higher time scale.
In the case of a Government servant who was dismissed, removed or compulsorily retired or suspended from service and Subsequently reinstated, the period of absence from duty shall not be counted for increments unless the period has been treated as duty or has been regularized by grant of leave other than extra-ordinary leave .
Joining time shall count for increment
1. in the substantive post held by the Government servant and
2. (a) in the officiating or temporary post if the transfer is to to a post on the same or a higher time scale. or
  (b) in the lower of the two posts if the transfer is from a lower to higher post or vice versa.
In a case falling under the provisions of ru1e 19 or of rule 21, the period counting for increment in the higher post shall count for increment in the lower post also
In a case falling under the provisions of rule 28 the period spent on training shall count for increment both in the post from which the Government servant was deputed for training and in the substantive post.

Withholding of increment. -
1. An increment may be withheld from a Government servant only as a measure of penalty by an order of the competent authority passed under the provisions of the Sikkim government Servant's Discipline and Appeal Rules.
2. An order withholding an increment shall specify the period for which it is withheld and whether it shall have effect of postponing future increments.
Efficiency bars. - Where an efficiency bar is prescribed in a time scale, the increment next above the bar shall not be allowed to a Government servant without the specific approval of the competent authority.

Note. - Withholding of increment at the Stage of crossing the efficiency bar is not a penalty. All such cases should be reviewed after every six months.

Reduction to a lower stage in a time scale or to a lower grade. -When, as a result of disciplinary proceedings, it is decided to order the reduction of a Government servant whether permanent or temporary, to a lower Stage in a time scale, or to a lower grade, the competent authority shall also order how the Government servant's future increments shall be regulated.

Note. - In all such cases the procedure prescribed in the Discipline and Appeal Rules shall be complied with.

CHAPTER VII

ADDITIONS TO PAY

Special Pay. - The grant of Special Pay as defined in rule 5 (19), if granted, shall always be regulated in accordance with the orders of the Government and shall cease as soon as there is a change in the relevant factors in consideration of which the Special Pay may have been sanctioned.
For the period when Special Pay as sanctioned is drawn, it shall count as pay for all purposes.
Personal Pay. - No Personal Pay shall be granted under the provisions of rule 5(15) except with the specific approval of Government.
Charge Allowance. -
1. A Government servant who, while performing the duties attached to his post, may be required, in the addition, to perform the current duties of another post under the Government in the lower class and grade shall not be entitled to any additional remuneration for the performance of such additional duties:
2. If, however, a Government servant in addition to his normal duties, is placed in charge of the current duties of another post carrying a higher or an equivalent time scale of pay or a fixed pay which is higher than the maximum of the scale of pay, he shall be entitled to a charge allowance at the rate of twenty percent of the pay of the higher post, or twenty percent of the pay of the other post if it is on a fixed pay. He shall also be entitled to any Special Pay attached to such post.
  
  Note. -
  1. No charge allowance shall be payable under this rule if the period for which the Government servant is placed in additional charge is less than thirty days at a time.
  2. Where the vacancy is for a period exceeding one year, every effort should be made to fill the vacancy by appointment of a whole time incumbent.
Officiating appointment. -
1. A Government servant may be appointed to officiate in a post carrying a higher time scale of pay, if the vacancy is for a period exceeding one year.
2. A Government servant so appointed to officiate in a higher post shall be entitled to the minimum of the scale prescribed for the post he is holding where the difference between the Pay being drawn by such an incumbent in the lower scale and minimum of the higher scale is more than the lowest rate of increment in the higher scale, or to the pay fixed according to rule 18 under chapter IV of the Sikkim Government Service Rules where the difference is less than the rate of increment in the higher scale.
3. Officiating appointment shall continue till the Government servant completes the minimum qualifying number of years as may have been or may be prescribed by the Government from time to time.
1.1 It has been observed that the departments have been submitting the proposal for promotions to the Government for approval against the temporary vacancies arising out of officiating promotions.

1.2 Rules 5(13) and 39(1) of Sikkim Government Service Rules, 1974, provide for officiating promotion only against substantive posts which are vacant for over one year.

1.3 As the promotions can be considered against the substantive vacancies only, all Secretaries lads of Departments are advised/requested to submit the cases of promotions against the substantive vacancies only. ACRTs and APRs of officiating promotion cases should be expedited to make ~ the substantive vacancies available.

[Department of Personnel Circular No. M(3)Pt./PtIII/4019/Gen/DOP dated 3/912010.]
House Rent Allowance. -
1. All Government servants including Probationary Officers shall be entitled to draw a house rent allowance at the rates prescribed from time to time by the Government from the date of their initial appointment provided that they are not in occupation of any Government accommodation.
2. A Government servant placed in charge of another post under the provisions of rule 38(1) shall draw only the house rent allowance prescribed for his normal post.
3. A Government servant appointed to officiate in a higher post under the provisions of rule 39(1) shall be entitled to claim the rate of house rent allowance prescribed for higher post.
4. A Government servant promoted to a higher grade/Post or allowed to attain a higher scale of pay on completion of the qualifying number of years of service as prescribed shall be allowed to draw house rent allowance at the rate prescribed for the higher grade/post of higher scale of pay from the date of promotion or attainment as the case may be.
  
  Government of Sikkim's decisions
  
  1.1 Having reviewed the existing system of grant of house rent allowance, the Chief Executive has been pleased to approve the following with immediate effect: -
  1. In the case of husband and wife, both of whom are in Government service occupying a Government quarter, the husband or the wife may continue to draw house rent allowance at the prescribed rate provided that the Government servant in whose name quarters has been allotted should not draw the house rent allowance.
  2. A Government servant occupying a government quarters of lower class than his/her entitlement should not draw the difference between the rates of house rent allowance prescribed for his/her grade and the class of quarters he/she is actually occupying.
  3. No government servant should transfer; sublet the government quarters allotted to him/her without the prior approval of the Government.
  4. A government servant who has neither been allotted nor residing in government quarters may continue to draw the approved scale of house rent allowance.
  5. A government servant on promotion to or on attainment of the higher grade will automatically draw the house rent allowance at the rate prescribed for the grade from the date of promotion to or attainment of higher grade.
    
    2.1 The Governor of Sikkim has been pleased to sanction grant of house rent allowance to work-charged personnel in the categories of permanent and semi-permanent who are in the regular time scale of pay with effect from 1st March 1977. They will be governed by the general orders on the subject contained in Finance Department Notification No. A 611 dated 20.8.1969 as amended from time to time.
    
    [Finance Department Notification No.2/Fin dated 15.4.1977.]
    
    3.1 In supersession of the previous rules on the subject, the house rent allowance at the prescribed rates shall be admissible to all employees whether temporary or permanent.
    
    3.2 This will come into force with effect from 1.6.1977.
    
    3.3 Employees who have not completed one year of service on the eve of commencement of this rule shall be entitled to house rent allowance from 1.6.1977.
    
    [Establishment Department Notification No. 74/GeniEst dated 8.6.1 977.]
    
    4.1 In continuation of this Department Notification No.74/Gen/Est. dated 8.6.1977, Secretaries/Heads of Departments are hereby authorized to grant house rent allowance to all non-gazetted employees working under them if they are not in occupation of government quarters or accommodation provided at government expenses. In case of fresh appointees, the grant of house rent allowance in lieu of free government quarters should be incorporated in the appointment office order itself and no separate sanction will be necessary but the Secretary/Heads of departments should satisfy themselves that no government quarters is left vacant while paying the house rent allowance to the employees.
    
    4.2 As regards payment of house rent allowance to either husband or wife when one of them is in occupation of government quarters of lower class etc. the existing system as per Notification No.67/Est. dated 22.8.1974 will continue to hold good.
    
    4.3 Leave substitutes are not entitled to house rent allowance.
    
    [Establishment Department Notification No. I 28/GeniEst dated 15.7.1977.]

Non-practicing allowance. - Medical officers in Government service shall be entitled to draw non-practicing allowance at rates prescribed by the Government from time to time.

[Editor's note.- Refer to item 9 of the Notification No. 213/Gen/DOP dated 26/11/2009 for the rates of Non-Practising Allowance prescribed for the Medical Officers and Veterinary Doctors]

CHAPTER VIII

JOINING TIME

A government servant transferred from the post he is holding at one station to a post at another station, in the interest of Government service, may be allowed joining time as follows to enable him to join the new post:
1. 6 days excluding Sunday and other prescribed holidays, for preparation; and
2. the period actually necessary to cover the journey from the old to new station as mentioned in the transfer order.
The competent authority may extend the joining time admissible under these rules, in any individual case, if it is satisfied that owing to circumstances beyond his control the Government servant could not join his new post within the time specified in the transfer order.
A Government servant shall be regarded as on duty during joining time sanctioned under the provisions of rule 42 and 43.

During a period of joining time Government servant shall be entitled to draw pay at the rate which it was drawn in the old post immediately before his transfer order.

CHAPTER IX AND CHAPTER X

[Editor's note. - Rules 46 to64 are repealed by the Sikkim Traveling Allowance and rules 65 to 93 are repealed by the Sikkim Government Service (Leave) Rules, 1982.]

CHAPTER XI

DISMISSAL, COMPULSORY RETIREMENT AND SUSPENSION

Procedure. - The procedure prescribed in the Sikkim Government Discipline and Appeal Rules shall be observed before orders are issued for the dismissal, compulsory retirement, or suspension of a government servant.
When pay ceases. - A government servant dismissed or compulsorily retired or placed under suspension shall cease to draw any pay and allowances with effect from the date on which the orders are served on him, provided that where such orders are served only in the afternoon of a particular day, he shall be entitled to pay and allowances for that day also.

Payment during suspension. -
(i) A government servant placed under suspension shall be paid a subsistence allowance equivalent to half of the monthly pay he was drawing on the day previous to the date from which the suspension takes effect. The government may allow him to draw house rent allowance, Dearness Allowance or Hill Compensatory Allowance also which he was drawing immediately before commencement of the suspension.

¹³ {Provided that where the period of suspension exceeds three (03) months, the authority which made or is deemed to have made the order of suspension, shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of first three months as follows:-

(a) The amount of subsistence allowance may be increased up to 75% of monthly pay if in the opinion of the said authority the period of suspelision has been prolonged for reasons not directly attributable to the employee under suspension.

(b) The amount of subsistence allowance may be reduced to 25% of the monthly pay if it is in the opinion of the said authority that the period of suspension has been prolonged due to the reason directly attributable to the employee under suspension}

(ii) No payment under sub-rule (I) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation]

Standard form of certificate to be furnished by suspended official for drawl of subsistence allowance

FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS, FORMS,

Reinstatement. -

When a government servant who has been removed compulsorily retired or suspended, is reinstated and the Government is satisfied that in the case of suspension, that it was wholly unjustified, order shall be passed at the time of such reinstatement directing that:
1. the period of absence from duty shall be treated as duty for all purposes: and that
2. for this period he shall be given full pay and allowances to which he would have been entitled had he been on duty .

In cases other than those not covered by sub-rule (1), the Government shall at the time of reinstatement of the Government servant pass orders as to:
(a)
(i) whether or not the period of absence shall be treated as a period spent on duty. If treated as duty to what extent and for what purposes it shall be treated as duty shall be specified.

(ii) what proportion of pay and allowances shall be p41yable for this period. The amount payable shall not, however, be less than the amount of subsistence and other allowances payable under rule 96.

(b) whether the period absence from duty shall be treated as leave of any kind due and admissible to him. When leave is thus granted the amount of subsistence allowance and other allowances already drawn under rule 96 shall be deducted from the leave salary payable.

CHAPTER XII

RETIREMENT

The date of retirement on superannuation of any government servant in the regular service shall be the afternoon of the last day of the month in which he attains the age of 58 years. The Government retains the right to change the prescribed age of retirement. Provided that the government servant who had attained the age of 58 years or more on the date of issue of this Notification shall retire from service with effect from the afternoon of 31st October, 1983.

¹⁶[(2)    (a) Notwithstanding the provision of sub-rule (1), the date of retirement on superannuation of teachers in the regular service shall be the afternoon of the last day of the month in which he or she attains the age of 60 years.

(b) After 25 years of service or before attaining the age of 58 years, the performance of school teachers shall be reviewed for examining his/her fitness to continue in the service beyond the age of 58 years as per the principle of the provision laid down in sub-rule (2) of Rule 99.]

¹⁷[Explanation.- The word "teacher" does not include Principal of Senior Secondary Schools, Headmasters/Headmistresses of Secondary Schools and faculty members of District Institute of Education and Training / State Institute of Education, namely,- Principal, Senior Lecturers, Lecturers and

Coordinators.”]

Explanation. - For the purpose of this rule, a government servant whose date of birth falls on the first of day of any month shall have attained the age of fifty-eight years on the afternoon of the last day of the preceding month.

Government of Sikkim's decisions.

1.1 It has come to the notice of the Government that employees who have attained the age of superannuation (compulsory retirement) have been continuing in service even beyond the date of superannuation. This is most irregular. Rule 98 of the Sikkim Government Service Rules provides that the date of retirement on superannuation of a government servant shall be the date on which he attains the age of 60 years (now 58 years). Officers on contract are appointed for such period as specified in their individual appointment orders.

1.2 In all such cases, retirement is automatic and in the absence of specific orders of the competent authority to the contrary, a government servant must retire on the due date. It is the responsibility of the administrative departments concerned to ensure that the government servants under their control retire on the due dates. The date of compulsory retirement of a government servant is known in advance to him and there should be no question of failure to make arrangements for his relief sufficiently in advance and complete any formality required in this behalf. For this purpose, the administrative department concerned should maintain a proper record of the dates of retirement of the government servants working under them and take such appropriate action as may be necessary for their retirement on due dates as well in advance.

1.3 A government servant cannot take advantage of the non-receipt of formal order regarding his retirement etc. and to continue in service beyond the age of superannuation saying that he has been granted extension of service. If the government servant desires to take any leave preparatory to retirement he should apply for it in advance. If not, he should bring the fact of his attaining the age of superannuation or completing the period of service after which he has to retire to the notice of the Head of that Office in which he is serving and if he is himself the Head of Office, to the immediate superior. Unless he receives specific orders that he should continue in service, he should hand over charge on the due date to the Head of Office or, if he is himself the Head of Office, to the officer appointed/nominated by the Government.

1.4 This issues in modification of this Department Circular No.68/Est. dated 3.10.1973.

{Establishment Department Circular No.17/Gen/Est. dated 22.4.1977}

2.1 According to the existing practice personal files of retiring Government employees are moved for finalising their retirement benefits only after the retirement order is issued. It has, however been observed that practice has often resulted in undue hardship to the retired Government employees owing to the delay in the finalisation of cases.

2.2 With a view to expediting sanctions, following instructions are issued for initiating pension/gratuity cases hereafter:

2.2.1 Each Administrative Department shall maintain two separate registers in the prescribed forms available from the Printing Department so as to watch regularly the date of retirement. The register will also be useful to know who are working in the Department. The officer looking after the service matters of employees of the Department will be responsible for maintaining registers. In the beginning of every month, he will ensure if there is any employee due for retirement within the period of 6 months and if so, whether he stands already confirmed in services. In case he stands confirmed, he should ensure to process the file within 3 months before the date of retirement.

2.2.2 If the retiring Government employee has not been confirmed in Service, the Administrative Department shall take up the question of confirmation at least six months before the date of his retirement duly completing all the entries in the service book.

2.2.3 Any case of retiring Government employee shall be initiated at least three months before the date of his retirement duly furnishing the information as required in the proforma vide annexure. Completed proforma alongwith the personal file of the retiring Government employee shall be forwarded to the Establishment Department duly completing entries in the Service Book and the leave account attested by the Head of the concerned Administrative Department. Establishment Department will send the file to the Finance Department for necessary payment order.

2.2.4 Encashment of unutilised leave admissible under the Sikkim Government Service (Leave) Rules, 1982, will continue to be settled only after the retirement of the concerned Government employee.

{ Establishment Department Memorandum No.5(56)152/Gen/Est. dated 31.5.1984.}

Editor's note.- With the introduction of Sikkim Service (Pension) Rules, ":;980, instruction contained in 2.2.3 above needs to be read with relegvant provisions of the said Pension Rules of 1980.

3.1       The retirement of a Government servant, on attaining the age of superannuation is a regular process and the Head of the Department is competent to dispose of such cases, since it is within the ambit of the existing rules. However, the Departments are forwarding the cases of all Government employees who are due for retirement or have retired for obtaining approval and confirmation of service to this Department.

3.2       Vide Notification No. H(26)/109/Gen/DOP dated 3/3/1997 (see. below rule 7(B)(ii) of the Sikkim Government Service Rules. 1974), Departmental Promotion Committee has been constituted for confirmation of service. Therefore, all Departments are advised to take necessary action well in time to confirm the services of the Government employees before retirement.

3.3       Further, the Administrative Department may settle all the retirement cases of Group C and D employees without referring the files to DOPART. However, cases where there are anomalies requiring the concurrence of DOPART may be referred.

(Department of Personnel Circular No. H(26)5152/Gen/DOP dated 17/01/2011.)

Notwithstanding the provision of role 98, the Government, except where rule 101 may apply, shall have the exclusive right to retire any government servant, who has attained the age of 50 years or has rendered not less than 25 years of service; if it is of the opinion that it is in the public interest so to do, by giving him not less than three months notice in writing or three months salary in lieu of such notice.

On attainment of 50 years of age performance of government servants shall be reviewed for examining his/her fitness to continue in the service beyond the age of 50 years at various levels of the government as under :-

For non-Gazetted employees:
1. Head of Department;
2. Joint Secretary, Finance Department;
3. Joint Secretary, Home Department.
For Gazetted officers:
1. Chief Secretary;
2. Finance Secretary;
3. Head of Department.
For Heads of Departments.
1. Chief Secretary will examine each case and place it before place Chief Minister
  
  for decision.

1.3 The above provisions being mandatory in nature, all Secretaries and I leads of Departments are requested to constitute a committee within .their respective departments for the purpose as referred to at (a) above. The Committee should furnish required information as per Annexure appended herewith along with its recommendations to the Government through the Department of Personnel, Administrative Reforms and Training for decision. The concerned Committee should consider such cases at least 6 (six) months before an employee attains 50 (fifty) years of age.

1.4 All Secretaries and Heads of Departments are further requested to intimate the number of such cases taken up every month in the format enclosed herewith by the 10^th of every month to Mr. S.K. Shilal, Joint Secretary-II, Department of Personnel, Administrative Reforms and Training, positively.

FORMAT OF REPORT ON REVIEW OF THE PERFORMANCE OF GOVERNMENT SERVANTS ATTAINING 50 (FIFTY) YEARS OF AGE SERVING UNDER ____________________DEPARTMENT FOR THE

MONTHC OF__________________

Sl.

No.

Name of person

Date of birth

Date of attaining 50 years of age

Remarks

[Department of Personnel, Administrative Reforms and Training Circular No. 5151/GeILIDOP dated 24.3. 1 999.]

2.1 Pursuant to sub-role 2 of role 99 of Sikkim Government Service Rules, 1974, a Committee consisting of the following officers is constituted for the purpose of examining the fitness of Government employees (non-gazetted) to continue in the service beyond the age of 50 years:

(a) Head of Department,

(b) Mr. T.P. Koirala, Additional Director, Finance Department.

²¹[3. Joint Secretary, Home Department.]

[Department of Personnel, AR & Training Notification No. GOS/112/03/DOPdated 19.04. 1999.]

3.1 Under sub-clause (1) of rule 99 of the Sikkim Government Service Rules, 1974, the Government has absolute right to retire an Government Servant before his or her normal date of retirement in public interest with a view to improve efficiency and strengthening administrative machinery at all levels after such Government employee has attained the age of 50 years or has rendered 25 years of service by giving three months notice in writing or three months salary in lieu of such notice. This provision could also be invoked to weed out undesirable elements from public offices who have become ineffective as also those whose integrity is doubtful. The provision of the aforementioned Rule has withstood judicial scrutiny in a number of cases and the Supreme Court has held that periodical exercise of reviewing or evaluating the utility is required for better administration and for removal of dead wood or persons having doubtful integrity. However, in order to ensure that the power vested by the aforementioned Rules are exercised fairly and impartially and not arbitrarily it is necessary that the following guidelines are followed while invoking tile rule 99(1) of the Sikkim Government Service Rules, 1974:-

(1) There shall be constituted Committee consisting of Additional/ Joint Secretary in-charge of administration as Chairman and other two officers as Members in each department to which all cases of Group "C" and Group "D" employees shall be referred for recommendation as to whether the official concerned should be retired from service in public interest or should be retained in service. For Group “A” and “B” officers appropriate Committee shall be constituted separately.

(2) The criteria to be followed by the Committees in making their recommendations would be as follows, namely,-

______________________

²¹[ ] Amended vide Department of Personnel Notification No.228/ Gen/DOP dated 6.12.2005

Page:42

(i) Government employees whose integrity is doubtful will be retired;

(ii) Government employees who are found to be ineffective will also be retired. The basic consideration in identifying such employee should be the fitness/competence of the employee to continue in his/her present post, his/her fitness/competence to continue in the lower post from where he/she had been previously promoted should be considered.

(iii) While the entire service records of an employee should be considered at the time of review, no employee shall ordinarily be re~{.-ed on grounds of ineffectiveness if his/her service during the preceding five years or where he has been promoted to a higher post during that five years period, his/her service in the higher post has been found satisfactory.

(iv) No employee should ordinarily be retired on ground of ineffectiveness, if in any event he/she would be retiring on superannuation within a period of one year from the date of consideration of his/her case.

(3) The rule relating to premature retirement shall, however, not be used to retire a Government 'Servant on grounds of specific acts of , misconduct as a short-cut to initiating formal disciplinary proceedings or for reduction of surplus staff or as a measure of effecting general economy.

(4) The appropriate authority shall take further action on the recommendations of the Committee. In every case, where the recommendations of the Committee has been to retire a Government Servant in exercise of the powers conferred by the aforementioned rule, tile appropriate authority should record in the file that it has formed its opinion that it is necessary to retire the Government Servant in pursuance of rule 99(1) of the Sikkim Government Service Rules, 1974. When appropriate authority has come to the conclusion that a Government Servant may be prematurely retired, three months notice may be given before the Government Servant attains the specified age or has completed 25 years of service, as the case may be. But the retirement should take place after the Government Servant attained the relevant age or has completed 25 years of service.

[Department of Personnel, & Training Office Memorandum No.555/Gen/DOP dated 26.2.2002.1]

Any government servant may by giving not less than three months' notice in writing to the Head of Department/Head of Office concerned, seek permission to retire from government service after attaining 50 years of age or rendering not less than 25 years of service:

Provided that the government servant is not subjected to rule 101.

[Editor's note. - In the matter of State of Sikkim and others versus Sonam Lama and others etc. decided on 6th September, 1990, the Supreme Court has held that before passing an order of compulsory retirement under rule 99(1), the principles of natural justice are not required to be followed and that the provisions of Article 21 of the Constitution need not be observed. Therefore, before passing orders of compulsory retirement on public interest under rule 99(1), it is not necessary to hold inquiry or to inform the government servant concerned in advance of the action being taken against him.]

99A.
1. At any time after a government servant has completed twenty years qualifying service, he may, by giving notice of not less than three months in writing to the appointing authority , retire from service.
2. The notice of voluntary retirement given under sub-rule (1) shall require acceptance by the appointing authority:
  
  Provided that where the appointing authority does not refuse to grant permission for retirement before the expiry of the period specified in the said notice, the retirement shall become effective from the date of expiry of the said period.
  
  Provided further that where the appointing authority decides to refuse to grant permission for retirement, it shall intimate to the government servant in writing of such refusal before the expiry of the period of such notice.
3. A government servant who has elected to retire under this rule and has given the necessary notice to that effect to the appointing authority, shall be precluded from withdrawing his notice except with the specific approval of such authority: Provided that the request for withdrawal shall be made before the intended date of his retirement.

In very special cases the Government may extend the service of a government servant, beyond his age of retirement on superannuation as per rule 98, provided -
1. it is satisfied that such extension is in the interests of government service and that the government servant is physically and mentally fit for continued service,
2. that the period of such extension shall in no case exceed one year at a time, and
3. that the total period of extension shall not, under any circumstances, exceed 3 years. In all other cases, no government servant shall be retained in service beyond the age of superannuation.
A government servant placed under suspension shall not be permitted to retire from service until the inquiry into the charge against him is concluded and a final order passed by the Government.
A government servant who is retired according to the provision of rule 98 may be re-employed by the Government if it is satisfied that such employment is definitely in the interest of the Government and that the government servant is physically and mentally fit. The period of re-employment shall be as determined by the Government:

Provided that the pay fixed plus the retiring pension granted shall not on the day of re-employment exceed the pay last drawn by the government servant before retirement, and also that the pay plus the retiring pension shall not at any time exceed the maximum of the pay scale of the post held by him during the period of re-employment.