Rule 13 - Immediate Absorption
Original Rule Text
F.R. 13. A Government servant who has acquired lien on a post retains the lien on that post;
(a) while performing the duties of that post;
(b) while on foreign service, or holding a temporary post, or officiating in another post;
(c) during joining time on transfer to another post, unless he is transferred along with his title to a post on lower pay, in which case his lien is
transferred to the new post from the date on which he is relieved of his duties in the earlier post; (d)while on leave; and
(e) while under suspension.
Provided that no lien of a Government servant shall be retained:
(i)Where a Government servant has proceeded on immediate absorption basis to a post or service outside his service/cadre/post in the Government from the date of absorption; and
(ii) On foreign service/deputation beyond the maximum limit admissible under the orders of the Government issued from time to time
What This Means
Fundamental Rule 13 deals with the situation when a government employee gets permanently absorbed into a different role or department outside their original service or cadre within the government. 'Immediate absorption' means the employee's transfer is permanent from the moment it happens; they are no longer considered part of their previous department or service. This rule essentially marks the point at which the employee's connection with their old service is severed and they fully transition to their new role. It's important because it affects things like seniority, pension, and other service benefits, as these are now determined by the rules of the new post or service.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies to government servants absorbed permanently into a new post/service/cadre.
- 2Absorption must be 'immediate,' meaning effective from the date of the transfer.
- 3The employee's connection with their previous service is terminated upon absorption.
- 4Future service benefits are governed by the rules of the new post/service.
Practical Example
Ms. Priya Sharma, previously a Section Officer in the Ministry of Agriculture, is selected for a permanent position as an Assistant Director in the National Disaster Management Authority (NDMA). Her order states that her absorption into NDMA is effective immediately from July 1, 2024. According to FR 13, from July 1, 2024, Priya is no longer considered part of the Ministry of Agriculture's service. Her seniority, future promotions, and pension benefits will now be determined by the rules and regulations applicable to Assistant Directors within the NDMA.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What does 'immediate absorption' mean?▼
Does FR 13 apply to temporary transfers or deputations?▼
What happens to my earned leave when I am absorbed?▼
If I am absorbed into a lower-paying post, will my salary be protected?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Fundamental Rule 13, what is the key characteristic of an absorption that triggers the application of this rule?