OCS Rules 23Chapter VI · Appeals

Section 23 · Appeal 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 provision of any such rules or agreement,

to the Governor if the order is passed by the authority which made the rules or agreement, as the case may be, or by any authority to which such authority is subordinate, and to the authority which made rules or agreement, if the order is passed by any other authority.

(2)

An appeal against an order -

(a)

stripping a Government servant at the Efficiency Bar in the time-scale on the ground of his unfitness to mess to the Bar;

(b)

reverting to a lower service grade or a 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; and

(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, shall lie -

(i)in the case of an order made in respect of a Government servant on whom the penalty of dismissal from service 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.

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