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Rule 13 - Immediate Absorption | KartavyaDesk

FR/SR

Original Rule Text

(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

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

  • Applies to government servants absorbed permanently into a new post/service/cadre.
  • Absorption must be 'immediate,' meaning effective from the date of the transfer.
  • The employee's connection with their previous service is terminated upon absorption.
  • Future 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?
It means the government servant's transfer to the new post/service is permanent from the date specified in the order. There's no going back to the old post.
Does FR 13 apply to temporary transfers or deputations?
No, FR 13 specifically applies to permanent absorption, not temporary arrangements like deputations.
What happens to my earned leave when I am absorbed?
The rules regarding earned leave encashment or transfer will depend on the specific regulations governing leave applicable to both the old and new services. Consult the relevant leave rules for clarification.
If I am absorbed into a lower-paying post, will my salary be protected?
Salary protection in cases of absorption into a lower-paying post is governed by separate rules and orders. FR 13 only defines the point of absorption, not the financial implications. Refer to specific orders on pay protection.

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?

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