Central Civil (Temporary Service) Rules, 1965 have been framed under Proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor General in relation to persons serving in the Indian Audit and Accounts Department to regulate the conditions of service of temporary Govt. servants. These Rules supersede the Central Civil Services (Temporary Service) Rules, 1949.
most of the and orders incorporated in the brochure containing the Central Civil Services (Temporary Service) Rules, 1949 are still in force exception so far as they are inconsistent with the Central Civil Services (Temporary Service) Rules, 1965. The instructions/orders which are still applicable have, therefore, been given under the relevant rule for information and guidance.
The Central Civil Services (Temporary Service) Rules, 1965 together with the relevant orders issued by Government from time to time are
1. Short, title commencement and application.
(1) These rules may be called the Central Civil Services (Temporary Service) Rules, 1965.
(2) They shall come into force with effect from 1st May, 1965.
(3) Subject to the provisions of sub-rule (4), these rules shall apply to all persons:-
(i) who hold a civil post including all civilians paid from the defence services estimates under the Government of India and who are under
the rule making control of the President, but who do not hold a lien or a suspended lien on any post under the Government of India or any State
(ii) who are employed temporarily in work-charged establishments and who have opted for pensionary benefits.
(4) Nothing in these rules shall apply to:-
(a) railway servants;
(b) Government servants not in whole-time employment;
(c) Government servants engaged on contracts;
(d) Government servants paid out of contingencies;
(e) persons employed in extra-temporary establishments or in
work-charged establishments other than the persons employed temporarily and who have opted for pensionary benefits.
(f) non-departmental telegraphists and telegraphmen employed
in the Posts and Telegraphs Department;
(g) such other categories of employees as may be specified by
the Central Government by notification published in the Official gazette.
In these rules, unless the context otherwise requires:-
(a) “appointing authority” means in relation to a specified post, the authority declared as such under the Central Civil Services
(Classification, Control and Appeal) Rules, 1965;
(b & c) omitted
“temporary service” means the service of a temporary Government servant in a temporary post or officiating service in a
permanent post under the Government of India.
(e) “Defence Services” means services under the Government of India in the Ministry of Defence and in the Defence Accounts
Departments under the control of the Ministry of Finance (Department of Expenditure) (Defence Division) paid out of the Defence Service Estimates and not permanently subject to the Air Force Act, 1950 (45 of 1950) or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957)”
Government of Indias decisions:
(a) Only service rendered in a civil post under the Government of India is treated as temporary service for this purpose.
(b) The term “Government service” includes periods of duty and periods of leave including extraordinary leave.
(c) Prior service rendered in establishments paid from Defence Estimates and service rendered in Railway Department is also counted for quasi-permanency.
(d) “War service” as defined below shall be counted as service for purposes of quasi-permanency:
(i) Service of any kind in a unit or formation liable for service overseas or in any operational area;
(ii) Service in India under military, munitions or stores authorities with a liability to service overseas or in any operational area;
(iii) All other service involving subjection to naval, military or air forc
(2) In the event of death of a temporary Govt. servant while in service, his family shall be eligible for family pension and death gratuity at the same scale and under the same provisions as are applicable to permanent Central Civilian Government servants under the Central Civil Services (Pension) Rules, 1972;
(3) No gratuity shall be admissible under this rule to a Government servant,-
(a) who resigns his post or who is removed or dismissed from service as a disciplinary measure;
(b) who is re-employed after retirement on superannuation or retiring pension.
Provided that a temporary Government servant who resigned from service to take up, with prior permission, an appointment under a Corporation or Company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by Government shall be paid terminal gratuity at the rate prescribed under sub-rule (1) in respect of
the service rendered by him under the Government:
Provided further that a temporary Government servant who has been absorbed in a Central autonomous body, with the permission of the parent department, shall have an option to count the service rendered under the Government for the purpose of pension under the autonomous body if it has a pension scheme, instead of drawing the terminal gratuity under the first proviso.
Explanation- For the purpose of this sub-rule –
(i) “Central autonomous body” means a body which is financed wholly or substantially from cess or Central Government grants and includes a Central statutory body or a Central University but does not include a public undertaking falling under the purview of the Bureau of Public Enterprises;
(ii) “financed substantially” means that more than 50% of the expenditure is met by cess or Central Government grants.
overnment of India’s decisions:
(1) Employees dying in service are covered by CCS (Pension) Rules, 1972:- In the event of death in harness of temporary/quasi-permanent Government servants their families shall be eligible to family pension and death gratuity on the same scale as admissible to families of permanent Government servants under the CCS (Pension) Rules, 1972.
G.I, Dept. of Pen. & Pen. Welfare, OM No. 2/4/87-PIC, dated the 14th April, 1987 and takes effect from 1.1.1986.
(2) For the purpose of drawing gratuity payable under Rule 10 the Head of Office should prepare a statement of the amount admissible to the person concerned and submit this along with the service book to the Accounts Officer, for verification and authorization. The statement should show the detailed calculations as to how the amount has been arrived at. The Accounts Officer should, in turn, verify the statement and issue authority for payment of the gratuity to the Head of Office on the basis of which the amount will be drawn and disbursed by the latter.
The gratuity payable under Rule 10 should be adjusted under the Head “55-Superannuation Allowances and Pensions, etc.”. The gratuity admissible under the Central Civil Services (Temporary Service) Rules does not attract the provisions of Article 470 Civil Service Regulations.
MHA OM No. 78/164/56-TS, dated the 8th July, 1957
(3) Half the service paid from contingencies, followed by regular appointment, counts for Terminal gratuity:- A question has been raised whether half of the service paid out of contingencies may also be allowed to be counted for the purpose of terminal gratuity admissible under the Central Civil Services (Temporary Service) Rules, 1965, where the staff paid from contingencies is subsequently appointed on regular basis.
The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure) and it has been decided that half the service paid from contingencies will be allowed to be counted for the purpose of terminal gratuity as admissible under the Central Civil Services (Temporary Service) Rules, 1965, where the staff paid from contingencies is subsequently appointed on regular basis.