Section 16 in Assam Service (Discipline and Appeal) Rules, 1964
16. Appeals against other orders.
(1)A Government servant may Appeal against an order which-(a)Denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by any rules or by agreement, or(b)interprets to his disadvantage the provisions of any such rules or agreement - [to the authority to which the authority passing such order is immediately subordinate any (**) where the order is passed by the Governor, the appeal shall lie to the Governor.] [Inserted vide Notification No. ABP. 301/77/44, dated 01/11/1977 and Added vide Notification No. ABP. 87/86/Pt/l, dated 21/08/1987.](2)An appeal against order-(a)Stopping a Government servant at the efficiency bar in the timescale on the ground of his unfitness to cross the bar;(b)Reverting to a lower service, grade or post, a Government servant officiating in a higher service, grade or post, otherwise than as a penalty;(c)Reducing or withholding the pension or denying the maximum pension admissible under the rules;(d)Determining the pay and allowances for the period of suspension to be paid to a Government servant on his reinstatement or determining whether or not such period shall be treated as a period spent on duty for any purpose; and3(e)Placing a Government servant under suspension, shall lie-(i)In the case of an order made in respect of Government servant on whom the penalty of dismissal from services can be imposed only by the Governor to the Governor; and(ii)In the case of an order made in respect of any other Government servant, to the authority to whom an appeal against an order imposing upon him the penalty of dismissal from service would lie.Explanation. - In this rule -(i)The expression "Government servant" includes a person who has ceased to be in Government service;(ii)The expression "Pension" includes additional pension, gratuity and any other retirement benefit.
