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increment rules in central government job (civil law)

(Querist) 30 March 2014 This query is : Resolved 
Sir,
I am working as an Assistant in AFHQ in PB-2. I have got my first increment but the further increment are withheld as I have not qualified the typing test. Sir, I have 'Digital Tremor' i.e. 'shaking of hand' which is a hereditary disease so I am unable to qualify the test at the requisite speed. I have earlier also been disqualified in the medical examination of the Air Force due to my disease of Digital Tremor. Can I get exemption or more time to complete the test on medical ground. Sir please help me.
Guest (Expert) 30 March 2014
Although chances are bleak in view of the prescribed conditions of the recruitment rules, you may however try applying to the competent authority for exemption from the test.
Sudhir Kumar, Advocate (Expert) 30 March 2014
you can try because you have a specific case.
Guest (Expert) 31 March 2014
Law cannot be expected to interfere in the administrative functions, unless some illegality is there in the process.
Rajendra K Goyal (Expert) 31 March 2014
Approach the admin. department for decision.
T. Kalaiselvan, Advocate (Expert) 31 March 2014
Your chances are admittedly bleak especially considering your weakness which is of permanent nature. However you may apply for the same on compassionate grounds no doubt results are not guaranteed, because the law is different.
P. Venu (Expert) 01 April 2014
No service rule is expected to be given effect in such a manner as to cause undue hardship to a Government servant. The administrative ministry, in such a case, is competent to make relaxation in consultation with the nodal ministry, if the alleged constraint is really irremediable.
DHIRENDRA KUMAR (Querist) 01 April 2014
The rule says that

1) The pay and increments of officers of various grades shall be regulated in
accordance with the Fundamental Rules or other Rules relating to pay for the time
being in force:
Provided that a direct recruit to the grade of Assistant who does not,
within a period of two years from the date of his appointment to that grade, pass a
type writing test held by the Staff Selection Commission or by the Department of
Official Language, under the Hindi Teaching Scheme of that Department at the
minimum speed prescribed for this purpose, shall not, UNLESS EXEMPTED BY A SPECIAL OR GENERAL ORDER, be entitled to draw any further increment in the grade
until he passes such test, and on his passing or being exempted from the test, his
pay shall be refixed as if his increments had not been withheld under this proviso,
but no arrears of pay shall be allowed for the period the increments had been
withheld.
P. Venu (Expert) 02 April 2014
Please go through the relevant provisions of FRSR Part I.
Guest (Expert) 02 April 2014
You very well know the Rule is very clear on the issue. However, you may request the authorities to exempt you from the test, as the rule, itself specifies, "on his passing OR being exempted from the test."
Sudhir Kumar, Advocate (Expert) 16 November 2014
what is latest update of the case.
DHIRENDRA KUMAR (Querist) 13 June 2015
I have visited Safadarjung Hospital and the neoro specialist has written on the prescription itself that "patient is suffering from essential tremor due to which he needs to be in treatment and due to which his typing speed may be affected". I have represented my deptt based on above documents but my adm deptt told me to get a certificate from medical officer/civil sergeon. When I again approached the Safdarjang Hospital for the same then they replied that there is no score attached to tremors. Please help.
DHIRENDRA KUMAR (Querist) 25 January 2016
Sudhir sir, you have earlier replied to a query raised by an assistant in railway board wherein you clarified that he would not get II, III, IV and V increments but after that he would get all increments without arrears. Sir, can you provide circular/order/memo regarding this.please sir provide the official ruling with their letter no and date.
Sudhir Kumar, Advocate (Expert) 01 February 2016
reply of deptt is tenable. You do not have a disability certificate from civil surgeon.


you are also silent about medical examination at the time of recruitment.
DHIRENDRA KUMAR (Querist) 02 February 2016
Sir, this time I am asking about the normal ruling which govern all those who have not clear the typing test. I mean to say that I have joined on 20 Oct 2010. Will my increments be released in July 2016 or July 2017. Here I want to mention that I have get only one increments.

By d way sir at the time of medical examination for recruitments they did not takes tremors into account. They have done basic examinations only.

Although sir I do not have disability certificate but I have got a certificate from cmo safdarganj who has certified that my disease is not curable.



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