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State of Uttar Pradesh - Section

Section 107 in The U.P. Fundamental Rules

107.

A government servant on joining time shall be regarded as on duty and shall be entitled to be paid as follows:(a)If on joining time under clause (a) of rule 105, he is entitled to the pay which he would have drawn if he had not been transferred or the pay Which he will draw on taking charge of his new post, whichever is less.(b)If on joining time under clause (b) or (c) of rule 105, he is entitled-(i)when returning from extraordinary leave, other than extraordinary leave not exceeding fourteen days granted in continuation of other leave, to no payments at all;(ii)when returning from leave of any other kind, to the leave-salary which he last drew on leave at the rate prescribed for the payment of leave-salary in India.(c)If on joining time under clause (d) of rule 105, he is entitled to pay as though he were on duty in his post.Exception - A ministerial servant on transfer is not entitled to be paid while on joining time unless his transfer is made in the public interests.Orders of the Governor regarding Rule 107
(1)Under a mutual arrangement between the Central Government and the various State Governments, the transit pay and allowances, while he is joining and leaving the new service, of a government servant whose services are lent by one Government to another are charged to the borrowing Government. In the case of a government servant in a joint cadre serving two Governments his transit pay and allowances on transfer from one office to another are debited to the office to which he is proceeding. (See rule 1, Appendix 3-B, Account Code-1940 edition).
(2)In the case of government servants appointed under the Uttar Pradesh Government on the result of a competitive examination which is open both to government servants and others or as a result of selection after interview no joining time pay should be granted except when the government servant holds a permanent post under Government (including the Central and other State Governments) in a substantive capacity.
(3)No extra pay (where the transfer involves the grant of extra pay) can be drawn in any case by a relieving government servant until the transfer is complete but as far as ordinary pay and allowances are concerned, an exception may be made to the general rule in all cases in which the charge to be transferred whether a division, a sub-division or other-charge consists of several scattered works which the relieving and the relieved government servants are required by the orders of a superior officer to inspect together before the transfer can be completed. The relieving government servant will be considered on duty if the period taken in carrying out these inspections is not considered by the Superintending Engineer to be excessive.
(A)While so taking over charge, the relieving government servant will draw-
(a)if he is transferred from a post which he held substantively, his presumptive pay in that post, or,
(b)if he is transferred from a post which he held in an officiating capacity, the officiating pay admissible in that post or the pay he would draw after the transfer is complete, whichever is less.
(B)The pay of a government servant, transferred to a post on return from leave, should during the period of taking over charge be regulated as follows:
(a)if he went on leave, while working in the post held by him substantively, the presumptive pay of that post; and,
(b)if he went on leave while working in a post in an officiating capacity, the officiating pay of that post or the pay which will be admissible to him in the new post, after taking over charge, whichever is less.
Note - The power vested in the Superintending Engineer has been delegated to all officers whether permanent or officiating incharge of canal divisions in respect of lower subordinates and members of the subordinate engineering service in the Irrigation Branch. In consequence of this delegation, charge certificate will in future be transmitted by the divisional officer direct to the Accountant General.
(4)In each case where the Head of the Department or the officer to whom the power is delegated, as the case may be, decides to treat the period of taking over charge of a relieving officer as 'duty', a declaration as in the proforma given below should be issued.DeclarationI ................................, (name) .................................. (designation) declare that Sri ................................... (name and designation of the officer to be relieved) and Sri ................................... (name of the relieving officer) ............................. (designation) were engaged in joint inspection of several scattered works and/ or stores during the period from ............... to ................ in connection with handing over and taking over charge and I do not consider the above period as excessive during which Sri. .................................. (name of the relieving officer) shall be treated as on duty.
Station......................... Name.................................
Date........................... Designation.........................
(5)In the case of government servants of the Jail Department who have to take over charge of jail stores and stocks, the relieving government servant will be allowed a period not exceeding three days in taking over the charge, provided the period taken in taking over charge is not regarded by the Inspector General of Prisons to be excessive. The period so spent shall be treated as spent on duty and the pay of the relieving government servant while, so taking over charge will be regulated in accordance with para (3) above.
(6)In the case of Store-keepers and Assistant Store keepers in the Hydro-Electric Grid, who have to take over charge of stores and stocks, the relieving government servant will be treated as on duty until the transfer is completed, provided that the period spent in taking over charge is not regarded by the Head of the Department concerned to be excessive, and their pay will be regulated in accordance with para (3) above.
(7)In the case of Reserve Inspectors and Public Prosecutors of the Police Department and Quartermasters of the Provincial Armed Constabulary Battalions who have to take over the charge of stores and stocks, the relieving government servant will be allowed, at the discretion of the Superintendent of Police or the Head of Office, as the case may be, a period not exceeding three days for taking over the charge. This period will be treated as spent on duty and the pay of the relieving government servant while so taking over charge will be regulated by para (3) above.
(8)In the case of Treasury Officer who have to take over charge of cash, stamps, opium, etc., in a non-banking treasury the relieving officer may be allowed, at the discretion of the District Officers, a period not exceeding seven days for taking over charge. In the case of the Treasury Officers who have to take over charge of cash, stamps, opium, etc. in a Banking Treasury, the relieving officer may be allowed, at the discretion of the District Officers, a period not exceeding three days for taking over charge. In either case, the period taken in taking over charge shall be treated as spent on duty and the pay of the relieving officer shall be regulated in accordance with para (3) above.
(9)In the case of the Radio Maintenance Officers of the Uttar Pradesh Police Radio Section who have to take over charge of stores the relieving officer may be allowed, at the discretion of the head of office, a period not exceeding three days for taking over charge. The period so spent will be treated as on duty and the pay of the relieving officer will be regulated in accordance with para (3) above.Orders of the Governor regarding clause (a) of Rule 107The words "if he had not been transferred" in this clause should be interpreted as if they read "if he had continued in the old post".Orders of the Governor regarding clause (c) of Rule 107The words "in his post" occurring in this clause should be interpreted to mean "in his post in the remote locality" even in the case of a government servant on straight transfer.