General Conditions of Service (F.R. 8 to 19 and S.R. 5 to 14)

General Conditions of Service: F.R. 8 to F.R. 19 and S.R. 5 to S.R. 14

  • Scope and Authority: The General Conditions of Service are governed by Fundamental Rules (F.R.) 8 through 19 and Supplementary Rules (S.R.) 5 through 14.

Appointment Categories and Types of Posts (F.R. 8)

  • Categories of Appointment:

    • Temporary Appointment: Includes emergency appointments made under 3(f) pending recommendation of the MPSC (Meghalaya Public Service Commission), typically for a short period of 3 to 4 months.
    • Officiating Appointment (FR 7(16)): Refers to a government servant performing the duties of a post (which may be a permanent or officiating post) before being confirmed in that post.
    • Substantive Appointment: Occurs when a government servant is confirmed against a permanent post.

  • Categories of Posts:

    • Temporary Post (FR 7(24)): A post that may be retained or may not be retained at the end of February.
    • Permanent Post (FR 7(18)): A post that is permanently retained. If such a post is abolished, a compensation pension may be given to the substantive holder, depending on the circumstances of the abolition.
    • Tenure Post (FR 7(25)): Posts such as the Governor, Chairman and Members of MPSC, Registrar of a university, or other posts as determined by the Government.

Medical Certificate and Fitness (F.R. 8, S.R. 5, S.R. 7)

  • Mandatory Production of Medical Certificate (F.R. 8): No person may be substantively appointed to a permanent post in government service without a Medical Certificate of Health. This certificate must be affixed to the individual's first pay bill.
  • Note on Temporary Appointments: A medical certificate is also required for temporary appointments.
  • Exemptions from F.R. 8 (S.R. 7): The following classes of government servants are exempt from producing a medical certificate:
    • (a) A government servant recruited through a competitive examination who already underwent a medical examination according to regulations prescribed for appointment to government service.
    • (b) A temporary government servant who has already been medically examined in one office and is transferred to another office without a break in service.
    • (c) A retired government servant who is re-employed immediately after retirement.
  • Certificate of Fitness (S.R. 5): Establishes the certificate of fitness required for employment.

Age Conditions and Determination of Date of Birth (S.R. 6, S.R. 8)

  • Entry Age (S.R. 6): The condition of age for entry into government service is determined as of the first day of January of the year in which the recruitment is made. (Reference: OM NO. PER.38/2021/30 Dated 3rd February, 2022).
  • Record-keeping: The Date of Birth (DOB) must be recorded in the service book.
  • Determining DOB in Special Cases (S.R. 8):
    • If only the year of birth is known: The 1st of July is treated as the date of birth for determining the date the servant attains 58 years of age.
    • If only the month and year of birth are known: The 16th of the month is taken as the exact date of birth.
  • Required Documentation for DOB at Initial Appointment (Note below S.R. 8):
    • The Head of Office must record the DOB in the Service Book of a non-gazetted government servant based on the Matriculation or equivalent certificate and record a remark to this effect.
    • If such certificates are unavailable, the Head of Office verifies the date via a birth certificate produced by the servant and records a note to that effect.

Alteration of Date of Birth (S.R. 8(c))

  • Authority to Alter: Commissioners and Heads of Departments may alter the recorded DOB for non-gazetted servants if satisfied via enquiry that the previous date was incorrect.
  • Standard for Alteration: Alterations are allowed only in very rare cases where a manifest mistake has been made. Mistakes should be rectified during periodical re-attestation of the first page of the Service Book.
  • Time Bar: No request for a change in DOB will be entertained if made within three years of the date of actual superannuation.
  • Criteria for Non-Time-Barred Requests:
    • Must be supported by satisfactory documentary evidence (Matriculation/equivalent certificate or attested birth certificate).
    • Must include a satisfactory explanation of how the wrong date was entered and a statement of previous attempts to amend the record.
    • Government must examine if the servant would have been within the prescribed age limits at entry based on the newly claimed date.
    • The examination must determine if the original date was given bona-fide and not for the purpose of gaining an advantage in securing admission to the service.

Government Control and Service Obligation (F.R. 9)

  • Disposal of Time: Unless otherwise provided, the whole time of a government servant is at the disposal of the Government that pays them.
  • Versatility of Employment: A servant may be employed in any manner required by proper authority without claiming additional remuneration.
  • Scope of Service: This applies whether services are remunerated from local funds, funds of a body owned/controlled by the Government, or funds of an Autonomous District Council.

Substantive Appointment Limitations (F.R. 10)

  • (a) Two or more government servants cannot be appointed substantively to the same permanent post at the same time.
  • (b) A government servant cannot be appointed substantively to two or more permanent posts at the same time, except as a temporary measure.
  • (c) A government servant cannot be appointed substantively to a post on which another government servant holds a lien.

Lien: Definition, Acquisition, and Retention (F.R. 7(11), F.R. 11, F.R. 12)

  • Definition of Lien (F.R. 7(11)): "Lien" means the title of a government servant to hold substantively, either immediately or on the termination of a period of absence, a permanent post (including a tenure post) to which they have been appointed substantively.
  • Acquisition (F.R. 11): A government servant acquires a lien on a permanent post upon substantive appointment and ceases to hold any previously acquired lien on any other post.
  • Retention (F.R. 12): A servant holding a permanent post substantively retains a lien on that post while:
    • (a) Performing the duties of that post.
    • (b) On foreign service, holding a temporary post, or officiating in another post.
    • (c) During joining time on transfer; if transferred substantively to a lower-pay post, the lien transfers to the new post upon relief from the old post.
    • (d) On leave (excluding refused leave granted after compulsory retirement).
    • (e) Under suspension.

Termination and Suspension of Lien (F.R. 13, F.R. 14, F.R. 15)

  • General Prohibition on Termination (F.R. 14(a)): A lien may never be terminated, even with consent, if it leaves the servant without a lien or suspended lien upon a permanent post.
  • Conditions for Termination (F.R. 14(b) and F.R. 10(b)):
    • Acquiring a lien on a permanent post outside the current cadre (Central or State Government).
    • Being appointed substantively to another permanent post.
    • If holding a tenure post and appointed substantively to another permanent post (F.R. 13(c)).
  • Suspension of Lien (F.R. 13): The State Government shall suspend the lien if the servant is substantively appointed to a tenure post, provisionally to a post where another holds a lien, deputed out of India, transferred to foreign service, or transferred in an officiating capacity to another cadre, provided there is reason to believe the absence will last at least three years.
  • Transfer of Lien (F.R. 15): A lien can be transferred to another permanent post in the same or a different cadre.

Quasi-Lien and Technical Formalities (Note below F.R. 11, F.R. 23)

  • Quasi-Lien: Granted by the Government of Meghalaya to a servant not entitled to a regular lien but who has completed at least 3 years of temporary service in a post that is not purely temporary or experimental.
    • Maximum Period: 3 years when moving elsewhere.
    • Return Policy: The servant can return if the post still exists within those 3 years.
    • Confirmation: If the post becomes permanent while away, confirmation should be offered.
  • Technical Formality (Note 3 below F.R. 23): If an application for a new post was made through the proper channel but lien/quasi-lien was not acquired, the resignation from the old post is treated as a "Technical Formality."
    • Benefit of past service counts.
    • Leave at credit shall not lapse (S.R. 64(2)).

Transfers and Supernumerary Posts (F.R. 16)

  • Prerogative: Transfer is the prerogative of the government and can be to a higher, equivalent, or lower post.
  • Protection Against Lower Pay: A servant shall not be transferred substantively to (or appointed to officiate in) a post carrying less pay than the permanent post on which they hold a lien.
    • Exceptions: Pay protection does not apply in cases of inefficiency, misbehavior, or the servant's written request.
  • Supernumerary Posts: If a substantive holder is re-transferred to their old post (for which they hold a lien) but the post is unavailable, a supernumerary post is created. It is abolished once a regular vacancy arises in that grade/timescale.

Financial and Operational Rules (F.R. 17, F.R. 18, S.R. 9-13)

  • Provident Fund (F.R. 17): Subscribing to a Provident Fund (GPF) or similar fund (NPS) is mandatory as prescribed by the Governor.
  • Effective Date of Pay (F.R. 18): Pay and allowances begin when duties are assumed and cease when duties are discharged.
    • Forenoon (FN) Assumption: Pay is effective from that date.
    • Afternoon (AN) Assumption: Pay is effective from the following day.
  • Unauthorized Absence (Proviso to F.R. 18): No pay or allowances are granted for periods of unauthorized absence from duty.
  • Headquarters (S.R. 9): Defined as the place prescribed by competent authority or, by default, where office records are kept.
  • Handing Over Charge (S.R. 10): Must occur at headquarters with both relieving and relieved officers present, unless public interest requires otherwise.
  • Leaving Jurisdiction (S.R. 11, S.R. 13): No pay is granted for time spent outside the limits of charge without authority. Government may sanction journeys in India for conferences/meetings for high-level officers (Secretaries, Heads of Departments).

Maximum Absence and Removal (F.R. 19/General Rule)

  • 5-Year Rule: Unless determined otherwise by the Governor due to special circumstances, a government servant absent from duty (other than on foreign service in India) for five years continuously, regardless of leave status, shall be removed from service. Procedure must follow the Meghalaya Service (Discipline and Appeal Rules).