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Rule 5A - Hardship Clause | KartavyaDesk

FR/SR

Original Rule Text

F.R. 5 Deleted. F.R.5A. Where any Ministry or Department of Government is of opinion that the operation of any of these rules may cause undue hardship to any person, that Ministry or Department, as the case may be, may, by order, for reasons to be recorded in writing, relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner:

What This Means

Fundamental Rule 5A (FR 5A) is essentially a 'hardship clause' in the rulebook. It acknowledges that sometimes, strictly following the Fundamental Rules can lead to unfair or difficult situations for government employees. FR 5A allows a Ministry or Department to temporarily bend or relax a specific rule to address such situations. This isn't a free pass to ignore rules entirely, but rather a mechanism to ensure fairness and equity when rigid application would cause undue hardship. The relaxation must be justified with written reasons and applied with specific conditions.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •FR 5A allows relaxation of Fundamental Rules to prevent undue hardship.
  • •Only the concerned Ministry or Department can authorize the relaxation.
  • •Relaxation requires a written order with clearly stated reasons.
  • •The relaxation must be just, equitable, and subject to specific conditions.
  • •FR 5 was deleted, so FR 5A is the relevant rule regarding hardship.

Practical Example

Imagine Ms. Sharma, a clerk in the Ministry of Rural Development, needs to transfer to her hometown urgently due to her mother's serious illness. The standard transfer rules require a minimum service period of 3 years in her current posting, which she hasn't completed. Applying the rule strictly would prevent her transfer and cause significant hardship. The Ministry, recognizing the exceptional circumstances, can invoke FR 5A. They would issue a written order explaining the situation, the specific rule being relaxed (the minimum service period), and the conditions attached (e.g., no transfer allowance). This allows Ms. Sharma to transfer while ensuring the spirit of the rules is maintained.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What constitutes 'undue hardship' under FR 5A?▼
'Undue hardship' isn't precisely defined, but it generally refers to situations where strict application of a rule would cause significant personal or professional difficulty, disproportionate to the rule's intended purpose. Each case is assessed based on its specific facts.
Can any government employee directly apply for relaxation under FR 5A?▼
No. The employee must bring the hardship to the attention of their Ministry or Department. The Ministry/Department then decides whether to invoke FR 5A.
Is FR 5A a loophole to bypass rules whenever convenient?▼
No. FR 5A is intended for exceptional circumstances causing genuine hardship. It requires a written justification and is subject to scrutiny. Misuse can lead to disciplinary action.
Does FR 5A allow relaxing financial rules?▼
FR 5A applies to the Fundamental Rules. Relaxing financial rules would typically require invoking powers under other relevant financial regulations and with the concurrence of the Finance Ministry/Department.
Who is responsible for ensuring FR 5A is applied correctly?▼
The Head of the Department or the Secretary of the Ministry is ultimately responsible for ensuring FR 5A is applied judiciously and in accordance with the intent of the rule.

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

Under which Fundamental Rule can a Ministry or Department relax the requirements of other Fundamental Rules to prevent undue hardship to a government employee?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 113Fundamental Rules & Supplementary Rules - Rule 113 - Chapter VII

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