commencement of the scheme and they should have rendered continuous

service of at least one year i.e. at least 240 days in a year or 206 days (in
case of offices having 5 days a week). We also make it clear that those
who have already been given ‘temporary’ status on the assumption that it is
an ongoing Scheme shall not be stripped of the ‘temporary’ status pursuant
to our decision"

DOPT OM No. 40011/6/2002-Estt(C) dated 06.06.2002

15.4.4 TERMINATION OF THE SERVICES OF A CASUAL LABOURER WITH

TEMPORARY STATUS (CL-TS)

The Supreme Court in the SLP (Civil) No. 2224/2000, in the case of Union
of India & Anr. Vs. Mohan Pal etc., have also considered the question as to
whether the services of casual labourers who had been given ‘temporary status’
could be dispensed with as per clause 7 as if they were regular casual labourers
and observed that-

"The casual labourers who acquire ‘temporary’ status cannot be removed

merely on the whims and fancies of the employer. If there is sufficient work
and other casual labourers are still to be employed by the employer for
carrying out the work, the casual labourers who have acquired ‘temporary’
status shall not be removed from service as per clause 7 of the Scheme. If
there is serious misconduct or violation of service rules, it would be open to
the employer to dispense with the services of a casual labourer who had
acquired the ‘temporary’ status"

DOPT OM No. 40011/6/2002-Estt(C) dated 06.06.2002

15.4.5 ENTITLEMENTS UNDER THE SCHEME

Temporary status entitled the Casual Labourers to the following benefits:-

Wages at daily rates with reference to the minimum of the pay scale for a
corresponding regular Group `D’ official including DA, HRA and CCA.

Benefits of increments at the same rate as applicable to a Group `D’

employee would be taken into account for calculating pro-rata wages for
every one year of service subject to performance of duty for at least 240
days, 206 days in administrative offices observing 5 days week) in the
year from the date of conferment of temporary status. [Please see
paragraph 15.4.15]

Leave entitlement will be on a pro-rata basis at the rate of one day for
every 10 days of work, casual or any other kind of leave, except maternity
leave, will not be admissible. They will also be allowed to carry forward
the leave at their credit on their regularisation. They will not be entitled to
the benefits of encashment of leave on termination of service for any
reason or on their quitting service. (pl also see ix below)

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 Maternity leave to lady casual labourers as admissible to regular Group
`D’ employees will be allowed.

After rendering three years’ continuous service after conferment of

temporary status, the casual labourers would be treated on par with
temporary Group `D’ employees and would be eligible for the grant of
Festival Advance/Flood Advance on the same conditions as are
applicable to temporary Group `D’ employees, provided they furnish two
sureties from permanent Government servants of their Department.
Until they are regularized, they would be entitled to Productivity Linked
Bonus/ Ad-hoc bonus only at the rates as applicable to casual labourers.

If any additional benefits were admissible to casual workers working in

Industrial establishments in view of provisions of Industrial Disputes Act,
they shall continue to be admissible to such casual labourers.

DOPT OM No. 51016/2/90-Estt(C) dated 10.09.1993

The benefit of transport allowance was extended to CL-TS, subject to

certain conditions.
DOPT OM No. 49014/3/97-Estt.(C) dated 01.04.1998

CL-TS were allowed the benefit of paternity leave, subject to certain

conditions.

The limit on accumulation of total number of days of leave for CL-TS will
be 300 days as in the case of regular Government employees.

It was further provided that physically handicapped CL-TS will be entitled

to transport allowance at double the normal rate subject to the terms and
conditions contained in Ministry of Finance, Department of Expenditure OM
No. 19029/1/78-E-IV B dated 31.08.1978.

[NOTE: Counting of past service and GPF benefits are admissible only in the case
of CL-TS regularized before 01.01.2004. Please also see paragraph No. 15.4.17]

15.4.6 PROCEDURE FOR FILLING UP OF GROUP `D’ POSTS

15.4.6.1 The Scheme envisaged that two out of every three vacancies in Group
`D’ cadres in respective offices where the casual labourers have been working
would be filled up as per extant recruitment rules and in accordance with the
instructions issued by Department of Personnel and Training from amongst casual
workers with temporary status. However, regular Group `D’ staff rendered surplus
for any reason will have prior claim for absorption against existing/future
vacancies. In case of illiterate casual labourers or those who fail to fulfill the
minimum qualification prescribed for post, regularisation will be considered only
against those posts in respect of which literacy or lack of minimum qualification
will not be a requisite qualification. They would be allowed age relaxation

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equivalent to the period for which they have worked continuously as casual
labourer.

15.4.6.2 On regularisation of casual worker with temporary status, no substitute in

his place would be appointed as he was not holding any post. Violation of this
should be viewed very seriously and attention of the appropriate authorities should
be drawn to such cases for suitable disciplinary action against the officers
violating these instructions. Following the acceptance of recommendations of the
6th Central Pay Commission, Group D posts do not exist. Hence, regularisation
cannot be done by the Departments themselves and cases of regularisation of
CL-TS have to be referred to Department of Personnel & Training for
consideration. [Please see paragraph no. 15.4.16.2 below].

DOPT OM No. 51016/2/90-Estt(C) dated 10.09.1993

15.4.7 CASUAL LABOURERS NOT INITIALLY ENGAGED THROUGH

EMPLOYMENT EXCHANGE

Since it is mandatory to engage casual employees through employment

exchange, the engagement of casual employees other than through employment
exchange is irregular. Hence such casual employees cannot be bestowed with
temporary status.
DOPT OM No. 49014/2/93-Estt(C) dated 12.07.1994

15.4.8 EXCEPTIONS FOR ENGAGING THE CASUAL LABOURERS

15.4.8.1 The instructions for engagement of casual workers enunciated in DOPT

OM No. 49014/2/86 Estt.(C) dated 07.06.1988 as amplified from time to time,
inter-alia, provided that casual workers and persons on daily wages should not be
recruited for work of regular nature. They could be engaged only for work of
casual or seasonal or intermittent nature, or for work which is not of full time
nature for which regular post cannot be created. DOPT OM No. 28036/1/2001-
Estt. (D) dated 23.07.2001 also provided that no appointment shall be made on
ad-hoc basis by direct recruitment from open market.

15.4.8.2. A Constitution bench of the Supreme Court in Civil Appeal No. 3595-
3612/1999 etc., in the case of Secretary State of Karnataka and Ors. Vs. Uma
Devi and Others, has reiterated that any public appointment has to be in terms of
the Constitutional scheme. However, the Supreme Court in para 44 of the
aforesaid judgement dated 10.04.2006 has directed that the Union of India, the
State Governments and their instrumentalities should take steps to regularize as a
one-time measure the services of such irregularly appointed, who are duly
qualified persons in terms of the statutory recruitment rules for the post and who
have worked for ten years or more in duly sanctioned posts but not under cover of
orders of courts or tribunals. The Apex Court has clarified that if such appointment
itself is in infraction of the rules or if it is in violation of the provisions of the
Constitution, illegality cannot be regularized.
DOPT OM No. 49019/1/2006-Estt(C) dated 11.12.2006

15.4.9 AGE LIMIT FOR GRANT OF TEMPORARY STATUS

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 No age limit has been prescribed for grant of temporary status. However,
for the purpose of subsequent regularisation, the conditions regarding age and
educational qualifications prescribed in the relevant recruitment rules will apply.
They would be allowed age relaxation equivalent to the period for which they have
worked continuously as casual labourer.
DOPT OM No. 49014/2/93-Estt(C) dated 12.07.1994

[Note: All cases for regularisation should be referred to Department of Personnel

Training as after the acceptance of recommendations of 6th Central Pay
Commission, there are no Group ‘D’ posts]

15.4.10 PAYMENT OF WAGES

Since the casual employees on grant of temporary status would be entitled

for wages on actual basis, their wages will have to be debited to the sub-head
`wages’.

DOPT OM No. 49014/2/93-Estt(C) dated 12.07.1994

15.4.11 WEEKLY OFF TO CASUAL LABOURERS

The casual workers are given one paid weekly off after six days of
continuous work. Since the facility of paid weekly off is admissible after 6 days of
continuous work, this would not be admissible to casual employees working for 5
days in a week.
DOPT OM No. 49014/2/93-Estt(C) dated 12.07.1994

15.4.12 ASSESSING LEAVE ENTITLEMENT

Qualifying period should be reckoned with reference to actual number of

days duty performed ignoring days of weekly off, leave and absence etc. All days
of duty will be counted irrespective of intervening spells of absence, which do not
constitute break in service.
DOPT OM No. 49014/2/93-Estt(C) dated 12.07.1994

15.4.13 FREQUENCY AT WHICH LEAVE WILL BE CREDITED

Leave is to be credited twice a year. On the 1st of January and 1stof July
credit will be afforded for the preceding half year or fraction thereof, on a pro-rata
basis at the rate of one day for every 10 days of work.
DOPT OM No. 49014/2/93-Estt(C) dated 12.07.1994

15.4.14 NORMS FOR FIXATION OF PAY OF CL-TS ON THEIR

REGULARISATION

The pay of casual workers with temporary status on their regularisation

against erstwhile Group D posts in identical grades will be fixed after taking into
account the increments already earned by them in the Group D pay scale which
was taken into account for payment of wages while working as casual worker with
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temporary status. Such counting of the past increments earned on regularisation
will be only for the purpose of pay fixation and will not entitle them to claim
seniority or any other benefits like promotion etc. on the basis of such casual
service.

15.4.15 APPLICABILITY OF REVISED GROUP ‘D’ PAY SCALES TO CL-TS

Following the recommendations of the 6th Central Pay Commission, the

wages of Casual Labourers, who were granted the Temporary Status in terms of
the provisions of the Casual Labourers (Grant of Temporary Status and
Regularization) Scheme, 1993 and were in receipt of wages based on the pre
revised S-I scale as on 01.01.2006, is worked out and paid on the basis of the Pay
Band I with Grade Pay of Rs. 1800/- w.e.f. 01.01.2006 provided they are
matriculate. In case of similarly placed non-matriculate CL-TS, the benefit of
wages w.e.f. 01.01.2006 is extended only after imparting the requisite training by
the respective administrative Ministries/Departments on the lines indicated in the
MOF O.M. No. 1/1/2008-IC dated 24.12.2008.
DOPT OM No. 49011/31/2008-Estt.(C) dated 23.01.2012

15.4.16 REGULARISATION POST 6TH CENTRAL PAY COMMISSION REPORT

15.4.16.1 Para 8 of the O.M. dated 10.09.1993 provided for regularization of CL-
TS which envisaged that two out of every three vacancies in Group ‘D’ cadres in
respect of offices where the Casual Labourers had been working would be filled
as per extant recruitment rules and in accordance with the instructions issued by
DOP&T from amongst Casual workers with temporary status. However, regular
Group ‘D’ staff rendered surplus for any reason will have prior claim for absorption
against existing/future vacancies. In case of illiterate casual labourers or those
who fail to fulfil the minimum qualification prescribed for the post, regularisation
will be considered only against those posts in respect of which literacy or lack of
minimum qualification will not be a requisite qualification. They would be allowed
age relaxation equivalent to the period for which they have worked continuously
as casual labourers.

15.4.16.2 Though the said scheme had provided for regularization of CL-TS in
Group ’D’, in view of the changed situation, after implementation of the
recommendation of the 6th CPC, when erstwhile Group ‘D’ employees have been
upgraded to Group ‘C’. Any regularisation of CL-TS against Group ‘C’ posts can
be done only with the approval of Department of Personnel & Training.

15.4.17 IMPLICATIONS OF THE INTRODUCTION OF NEW PENSION SCHEME

TO CL-TS

In the light of introduction of New Pension Scheme in respect of persons

appointed to the Central Government service on or after 01.01.2004, the Scheme
of 1993 has been modified as under:-

As the new pension scheme is based on defined contributions, the length of

qualifying service for the purpose of retirement benefits has lost its

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 relevance, no credit of casual service, as specified in para 5 (v) of the
Scheme of 1993, shall be available to the casual labourers on their
regularisation against Group `D’ posts on or after 01.01.2004.

No further deduction towards General Provident Fund is effected from the

Casual Labourers w.e.f. 01.01.2004 onwards and the amount lying in their
General Provident Fund accounts, including deductions made after
01.01.2004, are to be paid to them. Interest up to 30.04.2004 was allowed on
the GPF accumulations of the CL-TS.

DOPT OM No. 49014/1/2004-Estt(C) dated

26.04.2004 and 23.07.2004

****
.

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 Chapter 16

FORMALITIES ON JOINING THE SERVICE

16.1 RECORDS OF SERVICE

16.1.1 The Service Book of a Government servant is a document to record
all the events in his/ her entire service period and career recording each
and every administrative action qua the Government servant right from the
stage of his recruitment till his retirement to reflect the history of service of
a Government employee (SR 199).
16.1.2. Such a Service Book is to be maintained for a Government servant
from the date of his/her first appointment to Government service and it
must be kept in the custody of the Head of Office in which he is serving and
transferred with him from office to office (SR 198).
16.1.3 The Service Book of a Government employee is required to be
maintained in a prescribed form and the same is required to be maintained
in duplicate. The first copy shall be retained by the respective Head of
Office and the second copy shall be given to the Government servant for
safe custody. A revised format has been prescribed vide O.M.
No.17011/1/99-Estt.(L) dated 11th March, 2008.
16.1.4 The Part I of the prescribed format of the Service Book is required to
reflect the Bio data of the employee concerned, which may include the
following details:
Date of Birth [Refer to para 16.2 below]
Whether the Government servant belongs to Scheduled
Caste/Scheduled Tribe or Other Backward Class
Educational Qualifications at the time of first appointment
16.1.5. The instructions for maintenance of Service Book, which is part of
the format states that the entries in this part will be made at the time of first
appointment of the government servant and attested by the Head of Office
or any other officer duly authorized in this behalf. Additions and alterations
in this part are also to be similarly attested.
16.1.6. The Part II A of the prescribed format includes entries of the
following certifications in respect of a Government employee:
Medical Examination - The original medical certificate has been kept
in safe custody in Vol. II of the Service Book.
Character & Antecedents – The verification report is to be retained in
safe custody in Vol. II of the Service Book.
Marital Status - It is required to be certified that the Government
employee concerned has furnished declaration regarding her/his not

176
 having contracted bigamous marriage and the relevant declaration is
also to be retained in of Vol. II of the Service Book.
Oath of Allegiance to the Constitution also forms part of the said Part
of the Service Book with the same being retained in Vol. II of the
Service Book
Declaration of Home Town is also required to be made by the
Government employee concerned and the same also being retained
in Vol. II of the Service Book
16.1.7. The said part also contains a certification of the competent authority
that correctness of the entries against S. No. 5-8 of Part I—“Bio-data” has
been verified from original certificates considered as valid documentary
evidence for the respective purposes. Attested copies of these certificates
have been filed in Vol. II of the Service Book.
16.1.8. The Part II A of the prescribed format includes entries of the
following certifications in respect of a Government employee:
Family Particulars with due certification that the Government servant
concerned, has furnished the details of the family members which
have been filed in Vol.II of the Service book.
Nomination for Central Govt. Employees Group Insurance Scheme
(CGEGIS) with similar certification as indicated above.
16.1.9. The instructions for maintenance of Service Book, which is part of
the format states that the first seven certificates in Part II-A of the format
will be recorded at the time of initial appointment of the government servant
and the last entry at the appropriate stage. All these entries are not subject
to change/revision subsequently. Further, the declarations, nominations
and related notices like change of nomination for GPF, D.C.R Gratuity,
Family Pension, Central Government Employees Insurance Scheme and
Leave Encashment, testimonials and other documents referred to and
relied upon in this part will be kept in Vol. II of the service book of the
government servant and will be retained by the Head of Office for safe
custody.
16.1.10. The declarations of Government servants electing the scales of
pay and statements showing the fixation of initial pay in the relevant scales
of pay in support of the entries in the Service Books should be pasted in
the Service Books. The GPF Account Number allotted to the Government
Servant should be entered on the right hand top of page 1 of the Service
Book.
16.1.11. Each entry in the Service Book is to be attested by the Head of
Office, or if he himself is the Head of Office, by his immediate superior. The
Head of Offices are permitted to delegate to subordinate Gazetted Officers
under them powers to attest entries in Service Book. Such subordinate
Gazetted Officers are also authorized to keep these documents in their
custody and to attest entries in the leave account.

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16.1.12. At a fixed time early in the year, the Service Books shall be taken
up for verification by the Head of Office who, after satisfying himself that
the services of the government servant concerned are correctly recorded in
each of the Service Book shall record in each case a certificate in
prescribed form (SR 202 read with GFR 257).
16.1.13 In January each year, the Government servant shall hand over his
copy of the Service Book to his office for updation. The office shall update
and return it to the Government servant within thirty days of its receipt. In
case the Government servant’s copy is lost by the Government servant, it
shall be replaced on payment of a sum of Rs.500/-. (GFR 257)

16.1.14 Service Book must be shown to the Government servants every

year and their signatures obtained therein in token of their having inspected
the Service Book. In the case of a Government Servant on foreign service,
his signature shall be obtained in his Service Book after the Audit Officer
(P&AO, as the case may be), has made therein necessary entries
connected to his foreign service in terms of provisions of SR 203.

16.1.15 On a Government servant completing eighteen years of service or

on his being left with five years of service before the date of retirement,
whichever is earlier, the Head of Office in consultation with the Accounts
Officer shall, in accordance with the rules for the time being in force, verify
the service rendered by such a Government servant, determine the
qualifying service and communicate to him, in Form 24, the period of
qualifying service so determined. [Rule 32 of CCS (Pension) Rules].

16.2 DATE OF BIRTH

16.2.1 Every person newly appointed to a service or a post under

Government shall, at the time of the appointment, declare the date of birth
by the Christian era with confirmatory documentary evidence such as a
Matriculation Certificate, where prescribed qualification for appointment is
Matriculation or above. In other cases Municipal Birth Certificate or
Certificate from the recognised school last attended shall be treated as a
valid document.
GFR 256

The Date of Birth of the Government employee gets a mention in

Note 6 under Fundamental Rule 56 regulating the age of retirement of the
employee. It states that the date on which a Government servant attains
the age of fifty-eight years or sixty years (or any other age of retirement
prescribed by the Government)) shall be determined with reference to the
date of birth declared by the Government servant at the time of
appointment and accepted by the Appropriate Authority on production of,
as far as possible, a confirmatory documentary evidence such as High
School or Higher Secondary or Secondary School Certificate or extracts
from Birth Register.

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16.2.2 Alteration in the date of birth can be made by Government servant
only within five years of his entry into Government service, with the
sanction of a Ministry or Department of the Central Government etc.
subject to the following conditions.

A request in this regard is made within five years of his entry into
Government service;
It is clearly established that a genuine bona fide mistake has
occurred; and
The date of birth so altered would not make him ineligible to appear
in any school or University or Union Public Service Commission
examination in which he had appeared, or for an entry into
Government service on the date on which he first appeared at such
examination or on the date on which he entered Government
service.

The Government policy regarding rejection of belated claim for alteration in

date of birth is reinforced by the observations made by the Supreme Court
in the judgment in Civil Appeal No.502 of 1993 (Union of India Vs. Harnam
Singh).
DoP&T O.M.No.19017/7/792-Estt (A) dated 30th November, 1979 and
DoP&T O.M.No.19017/2/92-Estt (A) dated 19th May, 1993

16.3 EDUCATIONAL QUALIFICATION AND PROFICIENCY STANDARDS

16.3.1 General Principles:

Educational qualifications should be prescribed as soon as a new

post is created, in the relevant recruitment rules/orders.
Educational qualifications apply alike to permanent and temporary
appointment.
Educational qualifications do not apply to posts filled by promotion in
regular line, unless otherwise provided in the relevant recruitment
rules/orders.
16.3.2 Educational and other Qualifications for Direct Recruits:

With respect to provisions for educational and other qualifications

required for direct recruits the minimum educational qualifications and
experience required for direct recruitment may be indicated as precisely as
possible, if necessary, these may be divided into two parts, viz., “Essential
Qualifications” and “Desirable Qualifications”. These requirements vary
from post to post depending upon the scale of pay and the nature of
duties. But they should be determined, as far as possible, keeping in view
the provisions in the approved Recruitment Rules for similar posts and
higher and lower posts in the same hierarchy. The Ministries/Departments
need to clearly specify the educational qualifications and should avoid
usage of the term ‘or equivalent’.

179