GOVERNMENT OF TAMILNADU

Personnel and Administrative

Reforms (FR.III) Department,
Secretariat, Madras-9.

Letter No.44890/FR.III/95-1, Dated: 28.8.1995.

From

Thiru M.B.Pranesh, IAS,

Secretary to Government.

To

All Secretaries to Government, Madras-9.

All Departments of Secretariat(OP Sections with a request to communicate these
instructions
to all concerned sections under their control).
All Heads of Departments including District Collectors / District Collectors / District
Judges.
The Accountant-General.(Au.I), Madras-35.
The Accountant-General(A&E), Madras-18
The Accountant General(CAB), Madras-9.
The Pay and Accounts Officer(North), Madras-79.
The Pay and Accounts Officer(South), Madras-35.
The Pay and Accounts Officer(East), Madras-5.
The Pay and Accounts Officer, Madras-9.
All Treasury Officers.
The Secretary, Tamil Nadu Public Service Commission, Madras-2.
The Registrar, High Court, Madras-104.
The Registrar, Tamil Nadu Administrative Tribunal, Madras-104.
The Registrar, City Civil Court, Madras-104.
The Senior Standing Counsel, Tamil Nadu Administrative Tribunal, Madras-6.

Sir/Madam,

Sub : Fundamental Rules / Reporting for duty on expiry of leave or relief

from a post – Compulsory wait – Avoidance of – Instructions – Issued.
Ref: G.O.Ms.No.246, Personnel and Administrative Reforms
(FR.III) Department, dated 30.8.94.

………

I am directed to invite your attention to the Government Order cited in which

guidelines have been prescribed as below to avoid compulsory wait of the
Government servants arising due to the delay in issue of postings when they return
from leave or on relief from a post:
 (i) The posting orders should be decided in advance and issued at the appropriate
rime.
(ii) As far as possible, orders of posting should be finalized atleast a month in
advance for which the Heads of
Departments should take responsibility.
(iii) In cases where such a recommendation, finalisation could not be done in
advance the reasons therefore should
be recorded and such proposals should be termed as ‘Most Immediate’ and
personal follow up, in getting orders
should be taken.

1. (iv) It will be the duty of the Heads of Departments concerned to keep

reminding the persons concerned to finalise the compulsory wait proposals,
time and again.

2.Despite the instructions in force, Government had occasions to come across cases of
abnormal delay in many cases in giving postings to departmental officials. Further,
most of the officials give their willingness to join duty on expiry of leave and also
without reporting for duty in person to the appropriate authority on the day following
the expiry of leave or on relief from a post, for further postings.

3.It has been legally opined that mere expression of willingness to join duty would not
amount to reporting for duty and a Government servant is to physically report
himself/herself for duty before the appropriate authority, on expiry of his/her leave
either on medical certificate or otherwise. Ruling 3 under Fundamental Rule 9(6)(b)
of Fundamental Rules clearly indicates that the period of wait by a Government
servant who is waiting for posting shall be treated as compulsory wait. It, therefore,
follows that the period of wait would start only when the individual completing the
period of his/her leave, reports himself/herself for duty before the appropriate
authority.

4. In order to have a uniform procedure in deciding the cases of compulsory wait, the
following further instructions are issued :

1. i) The Government servant who desires to join duty on expiry of

his/her leave or on relief of disbandment of the post held etc., should report in
person to the immediate superior authority under whom he served immediately
prior to entering on leave etc., and seek postings. The authorities, in turn,
should decide the postings and in respect of Group A and B Officers, should
report the fact to the Head of Department / Government for issuing postings at
once.
2. ii) Similarly, in the case of Officers for whom further posting orders
have not been issued, but substitutes have been posted in their place, they
should, immediately on relief, report to the appropriate authority for further
postings. The authority who is not competent to issue orders of posting should
report the fact of reporting for duty of the individual to the Head of
Department / Government as the case may be at once so as to take speedy
action to issue postings to the individual and to curtail the period of
compulsory wait, taking into account the guidelines already issued in
 G.O.Ms.No.246, Personnel and Administrative Reforms (FR.III) Department,
dated 30.8.1994. Contingencies of this kind should, however, be avoided.
3. iii) Only in cases of reporting for duty in person before the
appropriate authority, the period between the date of reporting for duty to the
date of actual joining in a post subsequently will be treated as compulsory
wait, under Ruling 3 of Fundamental Rule 9(6)(b).
4. iv) The orders issued in G.O.Ms.No.246, Personnel and
Administrative Reforms Department, dated 30.8.1994, based on the
observations of the Public Accounts Committee should be followed strictly in
cases of regulation of compulsory wait.
5. v) In cases of expiry of Unearned Leave on Medical Certificate, the
Government servant should report in person to the appropriate authority on
immediate superior authority under whom he served at the time of entering on
leave with the physical fitness certificate on the day following the expiry of
leave. In case, the next day happens to be a holiday, he/she should report for
duty on the afternoon of the day prior to the holiday / holidays.
6. vi) In cases, where the Government servant desires to extend his/her
leave, he/she should intimate this fact to the appropriate authority well in
advance, i.e., atleast one week before the expiry of leave, failing which
posting orders should be kept ready for the Government servant.
7. vii) In cases where there is no vacancy to accommodate the
Government servant who reported for duty on expiry of leave or on relief from
the post held by him/her, the junior most person should invariably be reverted
to the lower post without keeping the person reported for duty unduly on wait.
Such a person who is waiting for posting should not also be compelled to go
on leave till vacancy arises, allowing the junior most person to continue in the
higher post/service.

5. All the Secretaries to Government and Heads of Departments are requested to

follow the above procedure scrupulously and bring these guidelines to the notice of all
the Subordinate Officers under their control.

Yours faithfully,
Sd/.
(R.RANGANATHAN)
SECTION OFFICER
FOR SECRETARY TO GOVERNMENT.

Copy to:

All Sections in Personnel and Administrative Reforms Department.

Personnel and Administrative Reforms (Rules Cell) Department, Chennai-9