DEFINITION OF TERMS USED IN KERALA SERVICE RULES [Rule 12, Part-I]

Definitions of Important terms used in Kerala Service Rules are given below. Only important and frequently used terms are included in alphabetic order.

1. Cadre.- means the strength of a service or part of a service sanctioned as a separate unit.[12(4)]
2. Compensatory Allowance.- means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. Eg. HQA, CCA, HTA etc.. It includes Travelling Allowance. [12(5)] See Rule 44 under Chpter 4 and Appendix IV for detailed rules and eligibility of each allowances in different occasions.
3. Competent Authority.- Competent authority in respect of any officer, in so far as any power delegated under these rules is concerned, means the authority to which such power has been delegated and where no such specific delegation has been made, the competent authority is, unless otherwise stated, the authority in whom the power to appoint such officer has been or is vested from time to time by the State Government. [12(5A)]
4. Day.- means a calendar day, beginning and ending at midnight; but an absence from headquarters which does not exceed 24 hours shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends. [12(6)]
5. Duty .- Duty includes- [12(7)]
   1. Service as a probationer or apprentice, provided that such service is followed by confirmation.
   2. Joining time
   3. A course of instruction or training which an officer undergoes specially ordered by Government to be treated as duty. An officer required or permitted to attend an obligatory departmental examination may be treated as on duty during the day or days of the examination and during the reasonable time required for the journey, if any, to and from the place of examination. [Note:2]
   4. When a Government Servant on return from leave, training, foreign service or on termination of previous appointment, has compulsorily to wait for orders of posting, the interval between the date of report and the date on which he takes charge of his duties shall be treated as ‘duty’ provided that such period does not exeed the amount of  joining time admissible under Rule 125(a). [Note:4]
   5. When a Government Servant is deputed by Government to participate in a Civil service Tournament as a member of the team or to participate in the coaching camps organised in connection thereto, the period spent for participation in such tournaments/coaching camps, including the time taken for to and fro journeys will be treated as duty. [Note:6]
6. Foreign Service.- means service in which an officer receives his pay with sanction of Government from any source other than the Consolidated Fund of India or of a State [12(9)]. See Rule 139 under Chapter XI for detailed rules of Foreign Service.
7. Holiday.- means [12(14)]
   • a holiday prescribed or notified by or under section 25 of the Negotiable Instruments Act, 1881; and
   • in relation to any particular office, a day on which such office is ordered by notification of Government in the Gazette to be closed for the transaction of Government business without reserve or qualification.
8. Honorarium.- means a recurring or non-recurring payment granted to an officer from the General Revenues of the State as remuneration for special work of an occasional or intermittent character. [12(15)] Eg. Overtime Allowances. See Rule 49 for detailed rules regarding Honorarium.
9. Joining Time.- means the time allowed to an officer to join a new post or travel to or from a station to which he is posted. [12(16)] See Rule 125 under Chapter X for detailed rules of Joining Time
10. Last Grade Service.- means service in any post included in the Kerala Last Grade Service constituted by the Special Rules for the Kerala Last Grade Service, published under G.O.(P) 82/Public (Rules) Department, dated the 8th March 1966, in Part I of the Kerala Gazette No.14, dated the 5thApril 1966, as amended from time to time, and includes †all other posts carrying the lowest scale of pay in the schedule of pay scales in force from time to time and service in any post declared by the Government to be a post in the Last Grade Service.[12(16A)]
11. Leave Salary.- means the monthly amount paid by Government to an officer on leave. [12(17)] See Rule 92 to 95 for admissible leave salary during different kinds of leave.
12. Lien.- means the title of an officer to hold substantively, either immediately or on termination of a period or periods of absence, a permanent post to which he has been appointed substantively. [12(18)]
13. Ministerial Officer.- means an officer of a subordinate service whose duties are entirely clerical, and any other class of officer specially defined as such by general or special orders of Government. [12(20)]
14. Month.- means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently. [12(21)]
15. Pay.- means the amount drawn monthly by an officer as- [12(23)] (See Chapter 4 for detailed rule)
    •  the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre, and
    • personal pay and special pay, and
    • any other emoluments which may be specially classed as pay by the Government.
16. Personal Pay.- means additional pay granted to an officer to save him from loss of substantive pay in respect of a permanent post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure ; or in exceptional circumstances, on other personal considerations. [12(26)] See Rule 41 on Personal Pay.
17. Probationer.-means an officer employed on probation in or against a substantive vacancy in the cadre of a department. [12(28)] (see KS&SSR for deatils )
18.  Special Pay.- means an addition of the nature of pay to the emoluments of a post or of an officer granted in consideration of the following  [12(31)] See Appendix IV for rules granting Special Pay.
    • where a post would call for a higher scale of pay in view of the additional and/or higher responsibilities attached to it, or
    • where the nature of work is specially arduous
    • where an officer has to attend to work in addition to normal duties attached to his post.
19. Subsistence Allowance.-means a monthly grant made to an officer who is not in receipt of pay or leave salary. [12(32)] See Rules 55 to 57 for details
20. Substantive Pay.- means the pay other than special pay, personal pay or emoluments classed as pay by Government under Rule 12 (23) (ii) and (iii) above to which an officer is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre. [12(33)]
21. Time-scale of Pay.- means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to a maximum. It includes the class of pay hitherto known as progressive: [12(35)]
22. Transfer.- means the movement of an officer from one headquarter station in which he is employed to another such station, either to take up the duties of a new post, or in consequence of a change of his headquarters. [12(36)]
23. Travelling Allowance.- means an allowance granted to an officer to cover the expenses which he incurs in travelling in the interest of the public service. It includes allowances granted for the maintenance of conveyances. [12(37)]  See KSR Part-II for details on Travelling Allowance.

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Probation Rules

•  Probationer.-means an officer employed on probation in or against a substantive vacancy in the cadre of a department [Rule 12(28), KSR Part-I]
• The period of probation for persons appointed by direct recruitment or recruitment by transfer through Public Service Commission shall be two years on duty within a continuous period of three years and for persons appointed in a post or category from another post or category in the same service or appointed by transfer from one service to another within the same  Department or in another Department (where direct recruitment is not resorted to) shall be one year on duty within a continuous period of two years [Rule 28(a)(iii), KS&SSR Part-II]
• The period of Probation of Last Grade Servants recruitrd by direct shall beone year on duty within a continuous period of three years and for persons appointed by promotion shall be one year on duty within a continuous period of two years. [Rule 9, Last Grade Service Rule -1966]
• Increment accruing consequent on declaration of probation shall be drawn only with effect from the date of completion of probation but subsequent increment shall be drawn on the first day of the month in which they fall due. [Rule 31(GD.2), KSR Part-I]
•  A probationer whose, period of probation is two years and whose increment is annual shall be entitled to draw the first increment in the time-scale of the probation post after putting in the service required to earn an increment. The second increment shall be drawn only with effect from the date from which he is declared to have completed his probation.  Delay in completing probation will not however, affect his future increments and these will accrue on the normal incremental dates [37B(b)1, KSR Part-I]
• In the case of a probationer whose period of probation is one year and whose increment is annual, the first increment in the scale of pay of the probation post shall be drawn only with effect from the date on which he is declared to have completed his probation. Delay in completing probation will not, however, affect his future increments and these will accrue on the normal incremental dates.[37B(b)2, KSR Part-I]
• If any period of the service of a probationer does not count for probation, he shall complete the period of probation of one year or two year’s duty, as the case may be, by being on duty for an equal period from the date of expiry of one year or two years as the case may be after the commencement of the probation. In cases where the above period is expressed in terms of months and days, then such period shall be calculated as provided in Rule 12 (21) of Part I, Kerala Service Rules. In cases where the absence is expressed in days, the date of completion of probation shall be extended by the number of days of such absence. [37B(b) Note, KSR Part-I]
• An officer shall be entitled to draw in the probation post the pay for which he would be eligible from time to time under the provisions of Rule 28A, Rule 33 (c) or Rule 37, as the case may be [37B(c)]
•  A member temporarily promoted shall not by reason only of such promotion, be regarded as a probationer in the category or grade to which he has been promoted, or be entitled to any preferential claim to future promotion [Rule 12, KS&SSR, Part-II]
• A probationer has appeared for any tests or examinations within the period of probation prescribed in connection with the acquisition of any such qualifications and the results of the tests or examinations for which he has appeared and passed are known only after the expiry of the prescribed period of probation, he shall be deemed to have satisfactorily completed his probation on the date on which he has completed the prescribed period of probation [Rule 19(b)(ii), KS&SSR Part-II]
•  The probationer shall be deemed to have satisfactorily completed his probation on the day following the last date of the whole examination or test in which the probationer has acquired the special qualification or has passed the prescribed tests by passing one more subjects, if such date is earlier than the date of expiry of the extended period of probation [Rule 20(b), KS&SSR Part-II]
•  Extension of probation. In the case of any probationer, the Appointing Authority may extend his probation for a maximum period of one year to enable him to acquire special qualifications or pass the prescribed tests, as the case may be, or to enable the appointing authority to decide whether the  probationer is suitable for full membership or not.  Extension of probation beyond one year may, however, be ordered by Government if found necessary [Rule 21, KS&SSR Part-II]

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Relinquishment of Promotion [Rule 38 Part-II KS&SSR]

•  Any person may, in writing, relinquish any right or privilege to which he may be entitled under these rules or the Special Rules, if, in the opinion of the Appointing Authority, such relinquishment is not opposed to public interest; and nothing contained in these rules or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished.[Rule 38, Part-II KS&SSR]
• The relinquishment of the right for promotion under this rule shall entail loss of seniority and a relinquishment of the right for promotion shall not be permissible unless such relinquishment entails loss of seniority. [Rule 38 Explanation]
• The right to relinquish promotion includes the right to withdraw it also.[2004 Guideline]
• A relinquishment is made of  somthing which is offered or something which is in the process of being offered. When a provisional promotion is offered and relinquished, what is relinquished is only the provisional promotion offered, and it should not be interpreted to mean that all further regular promotions have been relinquished for all time to come. [2004 Guideline]
• The loss of seniority contemplated by the Explanation to Rule 38 is applicable only to reqular promotion and not to provisional promotions. [2004 Guideline]
• The loss of seniority contemplated being only in the promoted post and not in the feeder category, the person's seniority in the feeder category is not lost on relinquishment of promotion, but in the promoted post, even if the senior who relinquished promotion is subsequently given promotion, he cannot get seniority over those juniors who were promoted earlier. [2004 Guideline]
• The request for relinquishment shall not be allowed if such request for relinquishment is submitted by the employee on or after the date of order by which the person was promoted or appointed by transfer to the said post [KS&SSR Amendment 2023 (Third)]

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Promotion and Seniority

Important rules in Kerala State & Subordinate Service Rule 1958 regarding Promotion and seniority as follows.

13A(1) (a) Where a pass in a special or departmental test is prescribed by the Special Rules of a service for any category, grade or post therein or in any class thereof, a member of a service belonging to any of the Scheduled Castes or Scheduled Tribes who has not passed the said test  but is otherwise qualified and suitable for appointment to such class, category, grade or post may be appointed thereto temporarily.

13A(2)   If a member of a service appointed under clause (a) of sub-rule (1) does not pass a test within 3 years from the date of such appointment or when the said test also involves practical training, within three years after the first chance to undergo such training after such appointment, or if a member of service appointed under clause (b) of sub-rule (1) does not pass the test within two years from the date of introduction of the said test or if the said test also involves practical training, within two years after the first chance to undergo such training after the introduction of the said test, he shall be reverted to the class, category, grade or post from which he was appointed and shall not again be eligible for appointment under clause (a) or (b) as the case may be, of sub-rule(1)

13B Notwithstanding anything contained in these rules or in the Special Rules, persons in Government Service who attained the age of 50 years who have put in 25 years of service shall be eligible for permanent exemption from passing the obligatory departmental tests, other than those prescribed as qualification in the Special Rules for all purposes such as promotion, appointment as full member of a service etc.

28(a)(i) Except in the case of appointment to the posts of  Heads  of  Department  no member of a service or class of a service shall  be eligible for promotion from the category in which he was appointed to the service unless   he has satisfactorily completed his probation in that category

28(bb) Promotion which depends upon the passing of any examination.- Promotion in a service or class which depends upon the passing of any examination (General or Departmental) shall ordinarily be made  with reference to the conditions existing at the time of occurrence of the vacancies and not with reference  to those at the time when the question of promotions is taken up

28(bbb) Where a pass in any examination or test confers on a person the title to any right, benefit or concession, such title to the right, benefit or concession shall be deemed to have accrued

• in  the  case  of  a  person who  has  passed such  examination  or test before the 14th August, 1971, on the day following the last day of such examination or test in the subject or subjects; and
• in the case of a person who has passed such examination or test on or after 14th August 1971, on the day following the last day of the whole examination or test in which he has successfully completed the examination or test by passing one or more subjects. 

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