ANDHRA PRADESH LEAVE RULES, 1933
SECTION I PRELIMINARY
AND GENERAL
Rule - 1.
These rules may be called the Andhra Pradesh Leave Rules, 1933.
Rule - 2.
They shall apply to the holders of all posts under the rule making
control of the State Government, whether for the time being in foreign service
or not:
(a)
who, before
the 4th September, 1933, were neither the holders of posts under and such
control in a substantive, officiating or temporary capacity nor probationers
for such posts: or
(b)
who, before
the said date, were either the holders of such posts in such capacity or
probationers therefor and who elect within six months from the said date to
come under these rules;
(c)
who, being
employees of the erstwhile State merged in the composite State of Madras, elect
to come under these rules:
Provided that nothing contained in these rules shall apply to members of
any establishment:
(i)
who would
not have been eligible for leave under the Fundamental Rules or the Civil
Service Regulations had they continued in force in respect of the matters dealt
with in these rules, or
(ii)
the grant of
leave to whom is governed by rules made in exercise of the powers conferred by
Fundamental Rule 2.
Explanations:--
(1)
These rules
shall apply in their entirety to every person who elects under clause (b) to
come under these rules.
(2)
Such
election, when once made, shall be final.
Exception:-- Persons who entered service as Local Fund Assistant
Engineers before the 4th September, 1933, and were eligible for leave under the
Fundamental Rules will continue to be eligible for leave under those rules when
they are sub-sequently appointed as District Assistant Engineers on or after
the 4th September, 1933, and were eligible for leave under the Fundamental
Rules shall, on appointment as District Board Engineers, be eligible for leave
under the Andhra Pradesh Leave Rules, 1933, but they shall retain in their
leave account any leave at their credit on the date of their appointment as
District Board Engineers.
Rulings
(1)
Scope of
rule 2:--
Government servants, who before the 4th September, 1933, were holders of
posts in a substantive, officiating or temporary capacity or were probationers
for such posts, are eligible for leave under the Fundamental Rules, unless they
have elected the Andhra Pradesh Leave Rules, 1933, irrespective of any break in
their service before or after 4th September, 1933.
Note:--If the break in the service of such a Government servant was,
however, due to his resignation from public service, he will be on
re-employment to Government service, be eligible for leave only under the
Andhra Pradesh Leave Rules, 1933.
(2)
The
protection to the leave rules in the Fundamental Rules conferred by Rule 2 of
the Andhra Pradesh Leave Rules, 1933, is applicable only to persons who had
commenced to earn leave under the Fundamental Rules before 4th September, 1933.
(3)
Clause (ii)
of the proviso is intended to meet the case of salaried industrial employees of
the Government Press vide G.O.No. 156, Finance, Dt. 21-2-1930, and other cases
if any, in which leave concessions otherwise than in accordance with the
ordinary rules in the Fundamental Rules, have been granted specifically under
Fundamental Rule 2 or which have to be treated as having been sanctioned by
virtue of the powers conferred by that rule.
(4)
The
employees of the erstwhile States merged with the composite Madras State
working in this State shall continue to be governed by the State Leave Rules
till they are absorbed in Government service. On absorption in Government
service, they shall be allowed the option either to continue under the State
Leave Rules (vide Annexure) or to elect the Andhra Pradesh Leave Rules, 1933.
Such option shall be exercised within a period of six months from the date of
absorption in Government service and once exercised shall be final. Those who
elect to come under the A.P. Leave Rules, 1933, shall be subject to those rules
from the date of absorption in Government service.
The leave account of every person who elects to come under the Andhra
Pradesh Leave Rules, 1933, shall:--
(i)
in regard to
earned leave, be credited with the amount of privilege leave or leave on
average pay to his credit on the date on which he so elects, subject to the
maxima prescribed in rules 8, 17 or 20 of the Andhra Pradesh Leave Rules, 1933,
as the case may be, and
(ii)
in regard to
unearned leave, be debited with the amount of furlough or similar kinds of
leave on half average pay whether with or without medical certificate already
taken by him before the said date, either as leave on private affairs or as
leave on medical certificate as the case may require. In such cases, if the
leave taken under the State Leave Rules exceeds the limits prescribed in the
Andhra Pradesh Leave Rules, 1933, for leave on private affairs and leave on
medical certificate no further unearned leave shall be granted to the employees
concerned, but the leave already granted shall not be affected.
Rule - 3.
These rules shall come into force on the 4th September, 1933.
Rule - 4.
In these rules unless there is anything repugnant in the subject or
context:--
(a)
"duty"
does not include any period of absence on any leave admissible under these
rules or under the Fundamental Rules read with Rule 5 of these rules but
includes :--
(i)
any period
of absence on casual leave during a continuous period spent on duty;
(ii)
any period
of absence on gazetted holidays or other days declared to be holidays by a
competent authority, during a continuous period spent on duty ;
(iii)
any period
of absence on gazetted holidays when permitted to be prefixed or affixed to
leave;
(iv)
any period
of absence during the vacation either during a continuous period spent on duty
or when permitted to be prefixed or affixed to leave;
(v)
any period
spent on foreign service if contribution towards leave-salary is paid on
account of such period;
(vi)
joining time
; and
(vii)
all periods
declared to be on duty under Fundamental Rule 9(6) (b) and the subsidiary rules
made thereunder ;
(b)
(i)
"Government Servant" means any person to whom these Rules apply;
(ii) "Permanent Government Servant" means a Government servant
who holds substantively a permanent post in superior or Last Grade Service or
who hold a lien on such a post or would hold such a lien had it not been
suspended;
(iii) "Non-Permanent Government Servant" means a Government
servant who is not a permanent Government servant,
(c)
"State
Government" means the Government of Andhra Pradesh; and
(d)
(i)
"Pay" means the greater of the amounts specified below.
(a)
the
substantive pay (including special pay, overseas pay, technical pay, personal
pay, and any other emoluments classed as pay) on the date before the leave
commences, or
(b)
that average
monthly pay (including special pay, overseas pay, technical pay, personal pay
and any other emoluments classed as pay) earned during the ten complete months
preceding the month in which the leave commences.
(c)
An officer
who proceeds on earned leave is entitled to leave salary equal to the pay drawn
immediately before proceeding on leave
CERTIFICATE
Certified that on [1]......................................Shri/Shrimati/Kumari
...................has been continuously officiating in the Post[2]...........................for
more than three years inclusive of the following period during which he/she
would have officiated in that post but for the following events :--
From |
To |
(1)
Periods of
officiation in the specified post.
(2)
Periods of
officiating in equivalent or higher posts in the same Department.
(3)
Periods of
deputation.
(4)
Foreign
service.
(5)
Periods of
leave.
Signature
Designation :
(ii)"half pay" means half the substantive pay (including
special pay, overseas pay, personal pay and other emoluments classed as pay) on
the day before the leave commences.
Notes (1) to (3):--Omitted by G.O.Ms.No. 509, Fin., Dt. 15-12-1976.
Note (4):--For the purpose of sub-clauses (i) (ii) of this clause
'Special Pay' drawn by non-cadre Deputy Secretaries to Government with
reference to para 2 of G.O.Ms.No. 1656, General Administration (Special-A)
Department, Dt. 30-9-1957, and the Special Pay drawn by Draftsman to Government
in the Law Department, shall be treated as pay.
Note (5):--For the purpose of sub-clause (i) and (ii) of this clause
'Special Pay' drawn by the Sub-Inspectors and Reporters of the Andhra Pradesh
Shorthand Board, Hyderabad will be treated as pay].
Note (6) :--For the purpose of sub-clauses (i) and (ii) of this clause,
the Special Pay, of Rs. 150 paid of the Joint Secretary to Government, Law
Department, in lieu of higher scale of pay shall be treated as pay].
Note (7):--For the purpose of sub-clauses (i) and (ii) of this clause
all the Special pays drawn by the strictly confidential staff working in the
General Administration and Home Departments will be treated as pay].
[G.O.Ms.No. 234, Fin., Dt. 1-7-1968]
Please Note: The notes (1) to (7) omitted by G.O.Ms.No. 509, (Fin), Dt.
15-12-1976.
Note (8):--For the purpose of sub-clause (i) and (ii) of this clause
Special Pay drawn by the Special Branch Staff of C.I.D., consisting of the
Manager, S.B.
Clerks working as camp clerks to the I.G.P. and additional I.G.P. and
Section Heads in Special Branch, C.I.D. will be treated as pay.]
(e)
(i) 'half
pay leave' means leave earned in respect of completed years of service.
(ii) 'half pay leave due' means the amount of leave calculated at the
rate of twenty days per every completed year of the entire service, diminished
by the amount of leave on private affairs and leave on medical certificate
under the terms of unearned leave' before the terms of half pay leave became
applicable.
Note:--The term entire service' does not include emergency service.
Rulings
The pay in excess of that admissible under the State Government or the
special pay or the deputation allowance drawn while on foreign service will not
be taken into account for the purpose of calculating leave-salary.
For the purpose of sub-clauses (i) and (ii) of this clause the
deputation allowance in the nature of special pay drawn by Govt. Servants while
on deputation to other Governments will be treated as pay).
Rule - 5.
The Fundamental Rules as-issued and amended from time to time by the
President of the Republic of India and the subsidiary rules as issued and
amended from time to time by the State Government shall, in so far as they are
not inconsistent with these rules and subject to the provisions of Fundamental
Rule 2-A, apply matutis mutandis to all persons to whom these rules apply in
respect of matters not dealt with in these rules.
Rule - 5-A.
Unless the Government in view of the exceptional circumstances of the
case otherwise determine, no Government servant shall be granted leave of any
kind for a continuous period exceeding five years
Rule - 6.
Subject to the restrictions in [Rule 15-B(iii) and 18-B(iii),] any kind
of leave admissible under these rules may be granted in combination with any
other kind of leave so admissible or in continuation of leave already taken
whether of the same or of any other kind.
Rule - 6-A.
In the case of a Government servant governed by the Andhra Pradesh Leave
Rules, 1933, who remains absent after the end of his leave, the period of such
overstayal of leave should unless the leave is extended by the competent
authority, be treated as follows :
(a)
If the
officer is in superior service--
(i)
as leave on
'(half-pay on) private affairs to the extent such leave is due ; unless the
overstayal is supported by medical certificate ;
(ii)
as leave on
(half-pay on) medical certificate to the extent such leave is due, if the
overstayal is supported by a medical certificate ;
(iii)
as
extraordinary leave to the extent the period of leave due on [half-pay on]
private affairs and/or on medical certificate falls short of the period of
overstayal.
(b)
If the
officer is in last grade service -- as in (a)(ii) and (iii) above mutatis
mutandis.
The Government servant is not entitled to leave-salary during such
overstayal of leave not covered by an extension of leave by the competent
authority.
Note:--A temporary Government servant working under emergency provisions
who remains absent from duty after applying for leave or extension of leave to
which he is not entitled to under the rules shall be deemed to have been
discharged from duty with effect from the date from which he is not entitled to
any leave unless the leave applied for is granted by Government in relaxation
of relevant rules.
Rule - 7.
(1)
Leave at the
credit of a Government servant in his leave account shall lapse on the date of
compulsory retirement.
Provided that if, in sufficient time before the date of compulsory
retirement an officer has been denied in whole or in part on account of
exigencies of public service any leave applied for and due as preparatory to
retirement (then he may be granted, after the date of compulsory retirement)
the amount of earned leave which was due to him on the said date of compulsory
retirement subject to the maximum limit of 120/60 days, as prescribed in Rules
11/17 (3) so long as the leave so granted, including the leave granted to him
between the date from which the leave preparatory to retirement was to commence
and the date of compulsory retirement does not exceed the amount of leave
preparatory to retirement actually denied the half pay leave, if any applied
for by an officer preparatory to retirement and denied in the exigencies of
public service being exchanged with earned leave to the extent such leave was
earned between the date from which the leave preparatory to retirement was to
commence and the date of compulsory retirement;
Provided further that every Government servant --
(a)
who, after
having been under suspension, is reinstated within 120 days/60 days as
prescribed in Rules 11 and 17(3) as the case may be, preceding the date of his
compulsory retirement and was prevented by reasons of having been under
suspension from applying for leave preparatory to retirement, shall be allowed
to avail of such leave as he was prevented from applying for, subject to a
maximum of 120 days/ 60 days as prescribed in Rules 11 and 17(3) as the case
may be reduced by the period between the date of reinstatement and the date of
compulsory retirement.
Note:-- Maximum limit of availment of E.L., preparatory to
retirement is enchanced from 120 days to 180 days, by G.O.Ms.No. 415, Finance,
Dt. 30-11-1997.
(b)
who is not
retired from service on attaining the age of compulsory retirement while under
suspension and was prevented from applying for leave preparatory to retirement
on account of having been under suspension, shall be allowed to avail of the
leave to his credit subject to a maximum of 120 days/60 days, prescribed in
Rules 11 and 17(3) as the case may be after termination of proceedings as if it
had been refused as aforesaid, if, in the opinion of the authority competent to
order reinstatement, he has been fully exonerated and the suspension was wholly
unjustified.
Note:--Maximum limit of availment of earned leave preparatory to
retirement, is enhanced from 120 days to 180 days by G.O.Ms.No. 415, Finance,
Dt. 30-11-1977.
Provided further that an officer whose service has been extended in the
interest of the public service beyond the date of his compulsory retirement may
be granted earned leave as under :--
(i)
during the
period of extension, any earned leave due in respect of the period of such
extension and, to the extent necessary, the earned leave which could have been
granted to him under the preceding proviso had he retired on the date of
compulsory retirement.
(ii)
after the
expiry of the period of extension :--
(a)
the earned
leave which could have been granted to him under the preceding proviso had the
retired on the date of compulsory retirement, diminished by the amount of such
leave availed of during the period of extension ; and
(b)
any leave
earned during the period of extension as has been formally applied for as
preparatory to final cessation of his duties in sufficient time during the
extension and refused to him on account of the exigencies of the public
service; and
(iii)
in
determining the amount of earned leave due in respect of the extension with
reference to Rule 8, the earned leave, if any, admissible under the preceding
proviso shall be taken into account;
Provided further that the grant of leave under this rule, extending
beyond the date on which an officer must be compulsorily retired, or beyond the
date upto which an officer has been permitted to remain in service, shall not
be construed as extension of service.
Explanation:--For the purpose of this rule an officer may be deemed to
have been denied leave only if in sufficient time before the date on which his
duties finally cease, he has either formally applied for leave as leave
preparatory to retirement and has been refused of it on the ground of
exigencies of public service or has ascertained in writing from the sanctioning
authority that such leave if applied for would not be granted on the aforesaid
ground.
SECTION II GRANT OF
LEAVE
A. PERMANENT GOVERNMENT SERVANTS IN
SUPERIOR SERVICE Earned Leave
Rule - 8.
A permanent Government servant in
superior service earns leave--
(i)
Deleted by G.O.Ms.No. 284, Finance, Dt.
26-8-1964.
(ii)
if he is of non-Asiatic domicile and has not
been recruited overseas but entitled to passage concession, other than passages
granted on retirement, at the rate of one-seventh of the period he has spent on
duty on duty provided that he shall cease to earn leave while he has to his
credit such leave amounting to 180 days; and
(iii)
if he is not included in sub-rule (ii), at
the rate of one-eleventh of the period spent on duty, provided that he shall
cease to earn leave while he has to his credit such leave amounting to 180
days; and
Note:-- Earned Leave
Simplification G.Os. are inserted under the leave Instructions.
Rule - 9.
(a)
If a permanent Government servant in superior
service is in a vacation department, his earned leave shall, for each year of
duty in which he has availed himself of the vacation, be reduced by 45 days or
by 30 days according as he earns leave at the rate of one-seventh or
one-eleventh of the period spent on duty. If a part only of the vacation has
been taken in any year, the period by which the earned leave shall be reduced
shall be a fraction of 45 or 30 days, as the case may be equal to the
proportion which the part of the vacation taken bears to the full period of
vacation.
(b)
If a permanent Government servant in superior
service is in the X-Ray or Radium Departments of Government Medical
Institutions or if a permanent Medical Officer is in a Government Tuberculosis
Institution or Sanitorium, his earned leave shall, for each period of
compulsory leave of one month granted to him every year, be reduced by 15 days.
Rulings
The compulsory leave referred to rule
(b) will be granted only after every eleven months of duty in the X-Ray or
Radium Department of a Government Medical Instruction or in a Government
Tuberculosis Institution or Sanitorium.
Rule - 10.
The amount of leave due is the amount
of earned leave diminished by (a) the amount of earned leave which has been
taken and (b) one-half of the amount of special disability leave taken on full
pay under Fundamental Rules 83(7) (b).
Rule - 11.
The maximum earned leave that may be
granted at a time to a Government servant in superior service, shall be 120
days (or 150 days in the case of an officer mentioned in sub-rule (ii) of Rule
8) :
Provided that the earned leave that
may be granted exceeding a period of 120 days or 150 days, as the case may be,
but not exceeding 180 days if the entire leave so granted or any portion
thereof is spent outside India, Burma, Ceylon, Nepal and Pakistan :
[Provided further that where earned
leave exceeding a period of 120 days or 150 days, as the case may be, is
granted under the above first proviso, the period of such leave spent in India,
Burma, Ceylon, Nepal and Pakistan shall not, in the aggregate, exceed the
aforesaid limits.
Earned Leave Preparatory to
retirement.--
Government liberalised the Earned
Leave Rules and has enhanced the maximum limit of availment of E.L. preparatory
to retirement from 120 days to 180 days.
Rule - 12.
Vacation may be availed of in
combination with or in continuation of any kind of leave admissible under these
rules :
Provided that the total duration of vacation,
and earned leave taken in conjunction, whether such earned leave is taken in
combination with or in continuation of other leave or not, shall not exceed the
amount of leave due and admissible to the Government servant at a time under
Rule 11;
Provided further that the total
duration of vacation, earned leave and leave on half pay commuted on medical
certificate and/or half pay leave on private affairs taken in conjunction shall
not exceed 180- days.
Rule - 13.
(a)
The half-pay leave admissible to a Government
servant in permanent employ in superior service for each completed year of
service is twenty days.
The half-pay leave is admissible in
respect of period spent on duty and on leave including extraordinary leave.
(b)
The half-pay leave due may be granted to a
Government servant on medical certificate or on private affairs.
Rule - 14.
Omitted by G.O.Ms.No. 300, Fin., Dt.
18-11-1965.
Rule - 15.
Omitted by G.O.Ms.No. 415. Fin., Dt.
30-11-1977.
Rule - 15-A.
Omitted by ibid.
Ruling
A permanent Government servant or an
approved probationer in Superior Service may be granted leave on medical
certificate for the treatment of tuberculosis or leprosy provided that a
medical certificate from the Government servant's authorised medical attendant
or the Medical Officer in charge of a recognized sanitarium, in the case of
those undergoing treatment in a recognised sanitarium, is produced. The
prospect of returning to duty on the expiry of the leave should be assessed on
the basis of the certificate given by the appropriate medical authority.
Rule - [3][15-B.
Commuted leave not exceeding half the
amount of half-pay leave due may be granted on medical certificate to a
permanent Government servant in superior service subject to the following
conditions :--
(i)
commuted leave during the entire service
shall be limited to a maximum of two hundred and forty days ;
(ii)
when commuted leave is granted, twice the
amount of such leave shall be debited against the half-pay leave due ;
(iii)
the total duration of earned leave and
commuted leave taken in conjunction shall not exceed one hundred and eighty
days :
Provided that no commuted leave may be
granted under this rule unless the authority competent to sanction leave has
reasons to believe that the Government servant will return to duty on its
expiry.
Rule - 15-C.
Save in the case of leave preparatory
to retirement leave not due may be granted to a permanent Government servant in
superior service only on medical certificate for a period not exceeding 180
days during the entire service. Such leave will be debited against the half pay
leave the Government servant may earn subsequently.
Rule - 16.Extraordinary Leave
Extraordinary leave may be granted to
a permanent Government servant in superior service in special circumstances:--
(i)
when no other leave is admissible, under
these rules, or
(ii)
when other leave being admissible, the
Government servant concerned applies in writing for the grant of extraordinary
leave,
(iii)
[4][the
authority empowered to grant leave may retrospectively commute the period of
absence without leave into extraordinary leave].
B -- PERMANENT
GOVERNMENT SERVANTS IN LAST GRADE SERVICE
Rule - 17. Earned Leave
(1)
A permanent Government servant in last grade
service earns leave at the rate of one twenty second of the period he has spent
on duty provided that he shall cease to earn leave while he has to his credit
such leave amounting to 240 days.
If the Government servant is in a
vacation department, his earned leave shall be reduced by 15 days for each year
of duty in which if the Government servant has availed himself of the vacation.
If a part only of the vacation has been taken in any year the period by which
the earned leave shall be reduced shall be a fraction of 15 days equal to the
proportion which the part of the vacation taken bears to the full period of the
vacation.
(2)
The amount of leave due is the amount of
earned leave diminished by (a) the amount of earned leave which has been taken,
and (b) one-half of the special disability leave taken on full pay under
Fundamental Rule 83(7)(b).
(3)
The maximum earned leave that may be granted
at a time to a last grade Government servant in permanent employ shall be 60
days.
(4)
Vacation may be combined with or availed of
in continuation of any kind of leave admissible under these rules :
Provided that the total duration of
vacation and earned leave taken in conjunction, whether such earned leave is
taken in combination with or in continuation of other leave or not shall not
exceed the amount of leave due and admissible under sub-rule (3) above;
Provided further, that the total
duration of vacation, earned leave on half-pay commuted on medical certificate
and/or half-pay leave on private affairs taken in conjunction shall not exceed
180 days.
Rule - 18.
(a)
The half-pay leave admissible to a Government
servant in permanent employ in last grade service in respect of each completed
year of service is 20 days.
(b)
The half-pay leave due may be granted to a
permanent Government servant in last grade service on medical certificate or on
private affairs.
Note:-- The leave already taken
as leave on medical certificate shall be debited against leave due admissible
under this rule.
(c)
If the leave already taken exceeds the limit
prescribed under this rule no further leave (till the excess debit is wiped off
by accrual of half-pay leave at the said rate) shall be granted by the
leave-salary already granted shall not be affected.
Rule - 18-A.
[5][........]
Ruling
A permanent Government servant in last
grade service may be granted leave on medical certificate for the treatment of tuberculosis
or leprosy :
[6][Provided
that the medical certificate, from the Government servant's authorised medical
attendant or the Medical Officer incharge of a recognised sanitarium, in the
case of those undergoing treatment in a recognised sanitorium, is produced. The
prospect of returning to duty on the expiry of the leave should be assessed on
the basis of the certificate given by the appropriate medical authority].
Rule - 18-B.
Commuted leave not exceeding half the
amount of half-pay leave due may be granted on medical certificate to a
permanent Government servant in last grade service subject to the following
conditions :
(i)
commuted leave during the entire service
shall be limited to a maximum of two hundred and forty days ;
(ii)
when commuted leave is granted, twice the
amount of such leave shall be debited against the half-pay leave due;
(iii)
the total duration of earned leave and
commuted leave taken in conjunction shall not exceed one hundred and eighty
days :
Provided that no commuted leave may be
granted under this rule unless the authority competent to sanction leave has
reasons to believe that the Government servant will return to duty on its
expiry.
Rule - 18-C.
Save in the case of leave preparatory
to retirement leave not due may be granted to a permanent Government servant in
last grade service only on medical certificate for a period not exceeding 180
days during the entire service. Such leave will be debited against the half-pay
leave the Government servant may earn subsequently.
Rule - 19.
Extraordinary leave, may be granted to
a permanent Government servant in last grade service on the same terms as for a
permanent Government servant in superior service.
C--NON-PERMANENT GOVERNMENT SERVANTS
IN SUPERIOR OR LAST GRADE SERVICE
Rule - 20.
A non-permanent Government servant:--
(i)
if in superior service, shall earn leave--
(a)
at the rate of one-eleventh of the period
spent on duty if he is a probationer.
(b)
at the rate of one-eleventh of the period
spent on duty if he is employed in the X-Ray or Radium Departments of
Government Medical Institution or employed as Medical Officer in a Government
Tuberculosis Institution or Sanitorium or in the Tuberculosis Department,
Government Hospital; and
(c)
at the rate of one-twenty second of the
period spent on duty in the other cases;
Provided that a person coming under
sub-clause (a) shall cease to earn leave when he has as to his credit such
leave amounting to 120 days, or 150 days as the case may be upto 31st May,
1964, and to 180 days from 1st June, 1964 (and a person coming under sub-clause
(b) or (c) above shall cease to earn leave when he has to his credit such leave
amounting to thirty days.
(ii)
If he is in the Last Grade Service, earns
leave at the rate of one-twenty second of the period spent on duty, provided
that he shall cease to earn leave while he has to his credit such leave
amounting to 50 days or 30 days as the case may be, according as he is an
approved probationer or not].
Ruling
When a Government servant is appointed
temporarily in the first instance and placed on probation at a subsequent date
with retrospective effect, his leave account shall be recast with effect from
the date of retrospective regularization of his service but the leave already
availed of between that date and the date of issue of orders regarding placing
him on probation with retrospective effect (or the date of return from leave,
if he was on leave on the latter date, shall not be altered in any manner any
additional leave that becomes due as a result of recasting of the leave account
shall be availed of only after the latter date.
Rule - 21.
The amount of leave due is the amount
of earned leave diminished by (a) the amount of leave which has been taken, and
(b) one half of the amount of special disability leave taken on full pay under Fundamental
Rule 83(7)(b).
Rule - 22.
The maximum amount of (earned leave)
that may be granted at a time to a temporary Government servant shall be --
(a)
120 days if he is probationer in superior
service;
(b)
50 days if he is probationer in last grade
service; and
(c)
30 days in other cases.
Rule - 22-A.
Vacation may be availed of in
combination with or in continuation of any kind of leave admissible under these
Rules :
Provided that the total duration of
vacation and earned leave taken in conjunction, whether such earned leave is
taken in combination with or in continuation of other leave or not, shall not
exceed the limit prescribed in Rule 22(a) or (b) or (c), as the case may be;
Provided further that the total
duration of vacation, earned leave and half-pay leave commuted on medical
certificate and or half-pay leave shall not exceed 180 days.
Rule - 23.
(a)
(i) A temporary Government servant in
Superior Service/Last Grade Service is entitled to half-pay leave at the rate
of twenty days for each completed year of service.
He may avail this leave only on
medical certificate and after two years of service/one year of service.
He may commute half the amount of
half-pay leave due on medical certificate. When commuted leave is granted twice
the amount of such leave shall be debited against the half-pay leave due.
The total duration of earned leave and
commuted leave taken in conjunction shall not exceed 180 days provided that no
commuted leave may be granted under this rule unless the authority competent to
sanction leave has reason to believe that the Government servant will not
return to duty on its expiry.
[7][(ii) In
the case of Non-Permanent Government servants the duration of Extraordinary
Leave on any one occasion shall not exceed the following limits:
(a)
three months:
(b)
six months, in cases where the Government
servant has completed three years' continuous service on the date of expiry of
leave of the kind due and admissible under the rules (including three months
extraordinary leave) under (a) above and his request for such leave is
supported by a Medical Certificate, as required under the rules ;
(c)
eighteen months where the officer is
undergoing treatment for;
(i)
pulmonary tuberculosis [8](or
pleurisy of tubercular origin), in a recognised Sanatorium; or
(ii)
tuberculosis or any other part of the body by
a qualified Tuberculosis Specialist or a Civil Surgeon ; or
(iii)
leprosy in a recognised leprosy institution
or by a Civil Surgeon or a Specialist in Leprosy recognised as such by the
State Administrative Medical Officer concerned.
(d)
[9][twelve months
where the Government servant is undergoing treatment for Cancer, or for mental
illness in an institution recognised for the treatment of such disease or by a
Civil Surgeon or a specialist in such disease;
(e)
twenty-four months where the leave is required
for the purpose of prosecuting studies certified to be in the public interest:
Provided that the Government servant
has completed three years continuous service on the date of expiry of leave of
the kind and due and admissible under the rules (including three months
extraordinary leave under item (a) above).
Note:-- This concession will be
admissible only to those Government servants who have been in continuous
Government service for a period exceeding one year.
(b)
[10][Unless
the Government in view of the exceptional circumstances of the case otherwise
determines, no Government servant, who is not a permanent employee, shall be
granted extraordinary leave in excess of the limits prescribed in sub-rule (a)
of Rule 23.
(c)
The authority empowered to gratin leave may
retrospectively commute the periods of absence without leave into extraordinary
leave].
Rulings
(1)
Method of calculation of leave admissible to
Government servants on promotion from 'last grade' to 'superior' service under
Andhra Pradesh Leave Rules. 1933 :--
A Government servant in last grade
service may become eligible for leave in accordance with the rules applicable
to permanent Government servants in superior service. In such a case, the
earned leave due to the Government servant should be calculated at 1 /22nd of
the period spent on duty in last grade service and at 1/11th of the period
spent on duty in superior service subject to the condition that the maximum is
applied on both the cases separately. In other words, the earned leave due to
the Government servant in last grade service should first be calculated at 1
/22nd of duty and the limit of fifty days applied. The balance of earned leave
should then be carried over and added to the account of earned leave admissible
from the date on which he became eligible for leave at 1 /11th of duty as for
other Government servants in superior service, the total amount of earned leave
being restricted to [240] days.
A non-permanent Government servant,
who has held without a break first a superior post and again alternatively last
grade and superior posts, should be allowed leave to the same extent as a
person promoted from last grade to superior-service.
(2)
Notwithstanding anything contained in
sub-rule (1) of Rule 17, clause (ii) of Rule 20 and Rule 23 a probationer in
Last Grade Service who has completed or is deemed to have completed his period
of probation satisfactorily shall be eligible for such leave as would be
admissible to him if he held his post substantively, but, if at any time he
ceases to be a Government servant, his leave account shall be credited with the
amount of Earned Leave and half pay leave due to him on the day when he last
ceased to be a Government servant.
Rulings
Scope of Rule 25
(1)
The Government have decided that, though Rule
25 enables an approved probationer, who is awaiting substantive appointment to
a permanent post, to earn and be granted leave as a permanent Government
servant, it does not authorise the recalculation of his leave account in
respect of his previous duty. Such a recalculation should be made only after
the Government servant is substantively appointed to a permanent post.
(2)
The term probationer in Rule 25 includes
probationers, who have completed their period of probation satisfactorily in
categories in which there are no permanent posts and who cannot obviously await
appointment as full members thereof.
Rule - 26.
The grant of leave to non-permanent
Government servant shall be subject to the condition that but for the grant of
the leave he would have continued to hold a post in Government service until
the expiry of the leave.
Rule - 27.
[Deleted].
SECTION III LEAVE
SALARY
Rule - 28.
A Government servant in superior
service--
(a)
While on earned leave is entitled to leave
salary equal to his pay; while on half pay leave on medical certificate
commuted into leave on full pay, is entitled to leave salary equal to twice the
pay prescribed in Rule 4(d) (ii).
(b)
While on leave on half pay either on medical
certificate or on private affairs is entitled to leave salary equal to half pay:
Provided that when such leave is taken
or is combined with earned leave the Government servants for leprosy,
tuberculosis, cancer, mental illness and heart diseases treatment, as the case
may be, he shall be eligible for leave salary equal to his pay for not more
than six months in all on producing a certificate (1) from the Medical Officer
incharge of a recognised leprosy, tuberculosis, cancer, mental illness or heart
diseases treatment centre of his having undergone regular treatment during the
period of such leave, or (2) from the official medical attendant or the
Superintendent of the Government Headquarters Hospital in which such Government
servant is kept on the waiting list for admission into a Recognized Centre for
want of accommodation in the respective recognised Centre.
(c)
While on extraordinary leave, is not entitled
to any leave salary.
Ruling
The leave-salary of a non-permanent
Government servant in superior service who has completed the period of
probation, should be regulated under Rule 4(d) (i)(b), though under Rule 25 he
is allowed a concession to earn leave as admissible to a permanent Government
servant.
Rule - 29.
(a)
A Government servant in Last Grade Service on
earned leave is entitled to leave-salary equal to half pay.
A Government servant in Last Grade
Service on Half-Pay Leave on Medical Certificate commuted into leave on full
pay is entitled to leave salary equal to twice the pay prescribed in Rule 4(d)
(ii).
(b)
A Government servant in Last Grade Service on
Half Pay Leave on Medical Certificate or on private affairs is entitled to
leave salary equal to half pay:
Provided that when such leave is taken
or is combined with earned leave by a permanent Government servant in Last
Grade Service for leprosy, tuberculosis, cancer, mental illness or heart
diseases treatment, as the case may be, shall be eligible for leave salary
equal to his pay for not more than six months in all on producing a certificate
(1) from the Medical Officer incharge of a recognised leprosy, tuberculosis,
cancer, mental illness or heart diseases treatment centre of his having
undergone regular treatment during the period of such leave or (2) from the
Official Medical attendant or the Superintendent of the Govt. Headquarters
Hospital in which such Government servant is kept on the waiting list for
admission into a recognised centre for want of accommodation in the respective
recognised Centre.
(c)
A Government servant in Last Grade Service on
extraordinary leave is not entitled to any leave salary.
Ruling
Grant of leave on average pay shall be
for six months to permanent Last Grade Government servant suffering from
tuberculosis.
This rule permits only the drawal of
average pay for six months during earned leave or medical leave granted for the
treatment of tuberculosis. It is not in addition to other kinds of leave with
pay admissible under the rules.
SECTION IV TRANSITIONAL
PROVISIONS
Rule - 30.
The leave account of every person who elects under Clause (b) of Rule 2
to come under these rules shall--
(i)
in regard to
earned leave, be credited with the amount of privilege leave or leave on
average pay to his credit on the date on which he so elects, subject to the
maximum prescribed in Rules 8, 17 or 20 as the case may be; and
(ii)
in regard to
half-pay leave, be debited with the amount of leave on average pay whether with
or without medical certificate and leave not due already taken by him before
the said date either as leave on private affairs or as leave on medical
certificate, as the case may require.
FORM OF LEAVE ACCOUNT
Andhra Pradesh Leave Rules, 1933
Leave account of Mr. Date of compulsory retirement..................
Date of commencement of service
Date of contract, if any.
Place of recruitment (whether overseas otherwise)
Domicile (If recruited overseas).
Duty |
Leave
earned 1/11 or 1/22 of Column (3) days |
Leave at
credit Columns (4)+(8) Days |
Leave
taken Period Dates From To |
Days |
Balance on
return from leave Columns (5)-(7) Days |
Half-pay
Leave (on private affairs and/or Medical
Certificate including commuted leave) Leave
Taken |
||||
Dates |
||||||||||
Govt. served under From
To Period in
days |
Length of
service |
Re-marks Days |
||||||||
Form |
To |
No. of
completed years of service |
||||||||
(9) |
(10) |
(11) |
(12) |
|||||||
(1) (2)
(3) |
||||||||||
(4) |
(5) |
(6) |
(7) |
(8) |
Half-pay
Leave (on private affairs and/or Medical Certificate including commuted
leave) |
|
|||||||||||
Leave Taken |
|
|||||||||||
Leave
earned |
Leave on
private affairs or on medical certificate |
Commuted
leave on M.C. on full pay (limited to 180 days in entire +service) |
Commuted
leave converted into half-pay leave twice of Column 20 |
Total
half-pay leave taken (Columns 17-21) |
Balance on
return from leave (Columns 14-22) |
Remarks |
|
|||||
Leave
earned (in days) |
Leave a
credit Column 23+13 |
Form |
To |
No. of
days |
||||||||
|
From |
To |
No. of
days |
|
||||||||
(13) |
(14) |
(15) |
(16) |
(17) |
(18) |
(19) |
(20) |
(21) |
(22) |
(23) |
(24) |
|
Note 1:--Cols. 10 to 24 added by G.O.Ms.No. 300, Finance, Dt.
18-11-1965.
Note 2:-- Now 240 days is entire service.
(1)
Columns (1)
to (5) should be filled in at the time a Government servant applies for and
proceeds on leave arid Columns (6) to (8) on return from leave.
(2)
The periods
of duty in terms of days Column (3) and of leave taken Column (7) should be
worked out with reference to the actual number of days in each month and not on
the basis of 30 days a month.
(3)
Column (4)
Leave earned:--The fraction of Column (3) to be credited in this column is as
below :
(a)
One-seventh
in the case of permanent Government servants in superior service of non-Asiatic
Domicile recruited overseas (Rule 8(i).
(b)
One-eleventh
in the case of other permanent Government servants in superior service (Rule
8(ii).
(c)
One-twenty
second in the case of Government servants in Last Grade Service and
non-permanent Government servants in superior service (Rules 17(i) and 20).
In the case of vacation Departments and X-ray and Radium Departments of
Government Medical Institutions, the credit should be reduced as indicated in
Rules 9 and 17(i).
(4)
Column (5)
Leave at credit:--The entry in this column on any date (Columns (4) + (8))
should be limited--
(i)
One hundred and
eighty days in the case of Government servants coming under clause (a) above.
(ii)
One hundred
and twenty days in the case of Government Servants coming under clause (b)
above.
(iii)
Fifty days
in the case of permanent Government servants of last grade service and thirty
days in the case of non-permanent servants both in superior and last grade
services coming under clause (c).
(5)
In the case
of Government servant in service from a date prior to 4th September, 1933, who
elect the Andhra Pradesh Leave Rules, 1933, the first entry of leave on average
pay carried over under Rule 30 on the date of election of those rules should be
made in Column (5) with the words written across Columns (1) to (4) "Due
on (date of coming under new rules)".
(6)
Period of
extraordinary leave should be noted in red-ink in column 24 for remarks.
(7)
The entries
in columns 10 and 11 should indicate only the beginning and end of completed
years of service at the time the half-pay leave commences. In case where a
Government servant completes another year of service while on half-pay leave
the extra credit should be shown in columns 10 to 14 by making suitable entries
and this should be taken into account when completing Column 23.
Instruction (6) was renumbered as (8) and Instructions (6) & (7)
were added by G.O.Ms.No. 300, Finance (F.R.-I), Dt. 18-11-1965.
(8)
In making
entries in Column (4) fractions of half and over should be rounded as one day
and fractions less than half omitted.
Leave on
private affairs |
Leave on
Medical Certificate |
||||||
Leave
taken |
Leave
taken |
||||||
Dates From
To |
Period |
Progressive
total |
Dates From
To |
Period |
On full
pay (expressed in terms of half-pay) |
Progressive
total |
Re marks |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
Y.M.D. |
Y.M.D. |
|
Y.M.D. |
Y.M.D. |
Y.M.D. |
|
General Rulings
Application of the Fundamental Rules and the Subsidiary Rules thereunder
to personnel coming under the Andhra Pradesh Leave Rules.
I.
The
instructions issued by the State Government in regard to the application of the
Fundamental Rules and the Subsidiary Rules thereunder to persons coming under
the Andhra Pradesh Leave Rules, are re-produced below
The Leave Rules in the Fundamental Rules and the Subsidiary Rules
thereunder fall under the following three categories :
(i)
general rues
relating to leave on average pay, half average pay and quarter average pay and
extraordinary leave ;
(ii)
rules
permitting certain additional kinds of leave in special circumstances, e.g.,
Special Disability Leave (Fundamental Rules 83, 83-A and 83-B), Study Leave
(Fundamental Rule 84), Maternity Leave Subsidiary Rules under Fundamental Rule
101(a)] and Hospital Leave Subsidiary Rules under Fundamental Rule 101 (b); and
(iii)
special
rules relating to the grant of leave to persons belonging to a special
department or rendering a special kind of service, e.g., leave earned by
part-time service Subsidiary Rules under Fundamental Rule 103(c) and leave to
military officers in temporary Civil Employ (Fundamental Rule 100).
The Rules in category (1) correspond to the Andhra Pradesh Leave Rules,
1933, and they are therefore wholly supreseded by these rules. The rules in
category (ii) as well as the leave procedure rules contained partly in the
Fundamental Rules and party in the Subsidiary Rules issued and amended by the
State Government from time to time and rules relating to travelling allowance
to Government servants taking short leave before joining a new post are
"other rules" mentioned in paragraph 1 of G.O.Ms.No. 125, Finance,
Dt. 23-4-1934.
The special rules referred to in category (iii) above remain in force
and persons governed by them do not come under the A.P. Leave Rules 1933,
except to the extent indicated below.
II.
The
Government have considered the question of the difficulties that are likely to
arise in the application of categories (ii) and (iii) of the rules mentioned
above to persons governed by the Andhra Pradesh Leave Rules, 1933, and have
decided to issue the following detailed instructions to meet such difficulties
:
1.
Cases
falling under category (iii) in paragraph I above:--
(a)
Leave earned
by part-time service :--
Subsidiary Rules under Fundamental Rule 103(c) regulate the grant of
Leave to Law Officers and other part-time Government servants. Under these
rules subject to condition that no extra cost is caused to Government, the
above officers and Government servants may be granted leave not exceeding that
admissible to full-time Government servants. The amount of leave admissible to
persons appointed to these posts on or after 4th September, 1933, will be that
admissible to full-time Government servants under the Andhra Pradesh Leave
Rules, 1933, subject to the existing condition that no extra cost is caused to
Government by the grant of such leave. In such cases, the leave-salary will be
governed by Rule 28 of the Andhra Pradesh Leave Rules, 1933.
(b)
Deleted as
F. R. 100 is deleted.
2.
Cases
falling under category (ii) in paragraph I above :--
(1)
Maternity
Leave:--
See Chapters relating to Maternity
(2)
Hospital
Leave:--
See Chapter relating Leave and Hospital leave.
(3)
Special
disability Leave :--
See chapter relating to Special Disability Leave.
(4)
Study leave
rules under Fundamental Rule 84:--
See chapter relating to Study Leave.
III.
The
following further Instructions may be observed in regard to other rules in the
Fundamental Rules and Subsidiary Rules mentioned below :
(1)
Subsidiary
Rule 4 under Fundamental Rule 44:--
The limit of four months laid down in this rule is based on the maximum
limit of leave on average pay which can be taken under the ordinary leave rules
in the Fundamental Rules. Earned leave under the Andhra Pradesh Leave Rules,
1933, is subject to the maximum of 120 or 50 or 30 days and this limit should
be substituted for the limit of four months in applying this rule to persons
governed by the Andhra Pradesh Leave Rules, 1933.
(2)
Leave to
apprentices:--
Subsidiary Rule 3 under Fundamental Rule, 104 regulates the grant of
leave to apprentices. In the application of this rule to persons coming under
the Andhra Pradesh Leave Rules, 1933 :--
(a)
The term
"leave on leave-salary equivalent to half average pay" shall be taken
to mean "leave on half-pay".
(b)
The term
"Fundamental Rule 85" in sub-rule 3(b) shall be taken to mean
"Andhra Pradesh Leave Rule 16".
(3)
Fundamental
Rules 89 and 90:--
Under the Andhra Pradesh Leave Rules, 1933 a maximum limit has been
imposed as regards leave-salary drawn during leave on private affairs or on
medical certificate : vide Rule 28(b) and maximum limits on leave-salary for
earned leave exceeding 120 or 30 days, as the case may be. It has been
considered unnecessary to give the benefit of a minimum leave-salary in regard
to any kind of leave.
(4)
Fundamental
Rule 105(b)(1) and Subsidiary Rule 9 under Fundamental Rule 106:--
The term "leave on average pay of not more than four months
duration" in these rules shall be taken to mean "yarned leave not exceeding
120 or 50 or 30 days" as the case may be.
(5)
Fundamental
Rules 105(c) and Subsidiary Rule 6 under Fundamental Rule 106:--
The term "four months" mentioned in these rules shall be taken
to mean "120 or 30 days" as the case may be.
(6)
Fundamental
Rule 128:--
The words "Chapter I to XI of these rules" in this rule shall
be taken to mean "Chapter I to XI and XI of these rules and the Andhra
Pradesh Leave Rules, 1933".
(7)
Note under
Subsidiary Rule 4 under Fundamental Rule 45:--
The term "leave on average pay not exceeding four months"
mentioned in this note shall be taken to mean "earned leave not exceeding
120 or 50 or 30 days" as the case may be.
(8)
Travelling
Allowance - Rule 77:--
The term "leave on average pay for a period not exceeding four
months" shall be taken to mean "earned leave for a period not
exceeding 120 or 50 or 30 days" as the case may be.
(9)
In the case
of persons employed in Government service after the War of 1939, service in
Government Civil Defence Service such as in A.R.P. Fire Service, Rescue
Service, Food Supplies, Evacuation Camps, Salvage etc., shall count for leave,
as with temporary Government servants, on the scale specified in Rules 20-27 of
the Andhra Pradesh Leave Rules, 1933, provided the persons concerned are
re-employed without a break in regular Government service.
(10)
A Government
servant governed by the Andhra Pradesh Leave Rules, 1933, first elected to have
his medical leave commuted into leave on full pay and after availing himself of
the leave wished to have it changed into leave on half pay because he stood to
gain by way of leave-salary and allowances, such as dearness allowance, etc.,
if the entire period of medical leave had been granted on half-pay. The
Government have decided that it is not desirable to allow such revision of
leave-salary availed of and that the option once exercised in such cases be
final.
Ready Reckoner for calculating leave of persons
governed by the Andhra Pradesh Leave Rules, 1933
TABLE
Jan. |
Feb. |
Mar. |
Apr. |
May |
June |
July |
Aug. |
Sept. |
Oct. |
Nov. |
Dec. |
1 |
32 |
60 |
91 |
121 |
152 |
182 |
213 |
244 |
274 |
305 |
335 |
2 |
33 |
61 |
92 |
122 |
153 |
183 |
214 |
245 |
275 |
306 |
336 |
3 |
34 |
62 |
93 |
123 |
154 |
184 |
215 |
246 |
276 |
307 |
337 |
4 |
35 |
63 |
94 |
124 |
155 |
185 |
216 |
247 |
277 |
308 |
338 |
5 |
36 |
64 |
95 |
125 |
156 |
186 |
217 |
248 |
278 |
309 |
339 |
6 |
37 |
65 |
96 |
126 |
157 |
187 |
218 |
249 |
279 |
310 |
340 |
7 |
38 |
66 |
97 |
127 |
158 |
188 |
219 |
250 |
280 |
311 |
341 |
8 |
39 |
67 |
98 |
128 |
159 |
189 |
220 |
251 |
281 |
312 |
342 |
9 |
40 |
68 |
99 |
129 |
160 |
190 |
221 |
252 |
282 |
313 |
343 |
10 |
41 |
69 |
100 |
130 |
161 |
191 |
222 |
253 |
283 |
314 |
344 |
11 |
42 |
70 |
101 |
131 |
162 |
192 |
223 |
254 |
284 |
315 |
345 |
12 |
43 |
71 |
102 |
132 |
163 |
193 |
224 |
255 |
285 |
316 |
346 |
13 |
44 |
72 |
103 |
133 |
164 |
194 |
225 |
256 |
286 |
317 |
347 |
14 |
45 |
73 |
104 |
134 |
165 |
200 |
226 |
257 |
287 |
318 |
348 |
15 |
46 |
74 |
105 |
135 |
166 |
201 |
227 |
258 |
288 |
319 |
349 |
16 |
47 |
75 |
106 |
136 |
167 |
202 |
228 |
259 |
289 |
320 |
350 |
17 |
48 |
76 |
107 |
137 |
168 |
203 |
229 |
260 |
290 |
321 |
351 |
18 |
49 |
77 |
108 |
138 |
169 |
204 |
230 |
261 |
291 |
322 |
352 |
19 |
50 |
78 |
109 |
139 |
170 |
205 |
231 |
262 |
292 |
323 |
353 |
20 |
51 |
79 |
110 |
140 |
171 |
206 |
232 |
263 |
293 |
324 |
354 |
21 |
52 |
80 |
111 |
141 |
172 |
207 |
233 |
264 |
294 |
325 |
355 |
22 |
53 |
81 |
112 |
142 |
173 |
208 |
234 |
265 |
295 |
326 |
356 |
23 |
54 |
82 |
113 |
143 |
174 |
209 |
235 |
266 |
296 |
327 |
357 |
24 |
55 |
83 |
114 |
144 |
175 |
210 |
236 |
267 |
297 |
328 |
358 |
25 |
56 |
84 |
115 |
145 |
176 |
211 |
237 |
268 |
298 |
329 |
359 |
26 |
57 |
85 |
116 |
146 |
177 |
212 |
238 |
269 |
299 |
330 |
360 |
27 |
58 |
86 |
117 |
147 |
178 |
213 |
240 |
270 |
301 |
331 |
361 |
N.B:-- In a leap year, for any period begining in and ending after
February add 1.
28 |
59 |
87 |
118 |
148 |
179 |
214 |
241 |
271 |
300 |
332 |
362 |
29 |
-- |
88 |
119 |
149 |
180 |
215 |
242 |
272 |
301 |
333 |
363 |
30 |
-- |
89 |
120 |
150 |
181 |
216 |
243 |
273 |
302 |
334 |
364 |
31 |
-- |
90 |
-- |
151 |
-- |
212 |
243 |
-- |
303 |
-- |
365 |
[***]
TABLE--II -AT 1/11
6 |
|
204 |
|
402 |
|
600 |
|
798 |
|
1 |
|
19 |
|
37 |
|
55 |
|
73 |
|
|
|
|
|
|
|
|
16 |
|
214 |
|
412 |
|
610 |
|
808 |
17 |
|
215 |
|
413 |
|
611 |
|
809 |
|
2 |
|
20 |
|
38 |
|
56 |
|
74 |
|
|
|
|
|
|
|
|
27 |
|
225 |
|
423 |
|
621 |
|
819 |
28 |
|
226 |
|
424 |
|
622 |
|
820 |
|
3 |
|
21 |
|
39 |
|
57 |
|
75 |
|
|
|
|
|
|
|
|
38 |
|
236 |
|
434 |
|
632 |
|
830 |
39 |
|
237 |
|
435 |
|
633 |
|
831 |
|
4 |
|
22 |
|
40 |
|
58 |
|
76 |
|
|
|
|
|
|
|
|
49 |
|
247 |
|
445 |
|
643 |
|
841 |
50 |
|
248 |
|
446 |
|
644 |
|
842 |
|
5 |
|
23 |
|
41 |
|
59 |
|
77 |
|
|
|
|
|
|
|
|
60 |
|
258 |
|
456 |
|
654 |
|
852 |
61 |
|
259 |
|
457 |
|
655 |
|
853 |
|
6 |
|
24 |
|
42 |
|
60 |
|
78 |
|
|
|
|
|
|
|
|
71 |
|
269 |
|
467 |
|
665 |
|
863 |
72 |
|
270 |
|
468 |
|
666 |
|
864 |
|
7 |
|
25 |
|
43 |
|
61 |
|
79 |
|
|
|
|
|
|
|
|
82 |
|
280 |
|
478 |
|
676 |
|
874 |
83 |
|
281 |
|
479 |
|
677 |
|
875 |
|
8 |
|
26 |
|
44 |
|
62 |
|
80 |
|
|
|
|
|
|
|
|
93 |
|
291 |
|
489 |
|
687 |
|
885 |
94 |
|
292 |
|
490 |
|
688 |
|
886 |
|
9 |
|
27 |
|
45 |
|
63 |
|
81 |
|
|
|
|
|
|
|
|
104 |
|
302 |
|
500 |
|
698 |
|
896 |
105 |
|
303 |
|
501 |
|
699 |
|
897 |
|
10 |
|
28 |
|
46 |
|
64 |
|
82 |
|
|
|
|
|
|
|
|
115 |
|
313 |
|
511 |
|
709 |
|
907 |
116 |
|
314 |
|
512 |
|
710 |
|
908 |
|
11 |
|
29 |
|
47 |
|
65 |
|
83 |
|
|
|
|
|
|
|
|
126 |
|
324 |
|
522 |
|
720 |
|
918 |
127 |
|
325 |
|
523 |
|
721 |
|
919 |
|
12 |
|
30 |
|
48 |
|
66 |
|
84 |
|
|
|
|
|
|
|
|
137 |
|
335 |
|
533 |
|
731 |
|
929 |
138 |
|
336 |
|
534 |
|
732 |
|
930 |
|
13 |
|
31 |
|
49 |
|
67 |
|
85 |
|
|
|
|
|
|
|
|
148 |
|
346 |
|
544 |
|
742 |
|
940 |
149 |
|
347 |
|
545 |
|
743 |
|
941 |
|
14 |
|
32 |
|
50 |
|
68 |
|
86 |
|
|
|
|
|
|
|
|
159 |
|
357 |
|
555 |
|
753 |
|
951 |
160 |
|
358 |
|
556 |
|
754 |
|
952 |
|
15 |
|
33 |
|
51 |
|
69 |
|
87 |
|
|
|
|
|
|
|
|
170 |
|
368 |
|
566 |
|
764 |
|
962 |
171 |
|
369 |
|
567 |
|
765 |
|
963 |
|
16 |
|
34 |
|
52 |
|
70 |
|
88 |
|
|
|
|
|
|
|
|
181 |
|
379 |
|
577 |
|
775 |
|
973 |
182 |
|
380 |
|
578 |
|
776 |
|
974 |
|
17 |
|
35 |
|
53 |
|
71 |
|
89 |
|
|
|
|
|
|
|
|
192 |
|
390 |
|
588 |
|
786 |
|
984 |
193 |
|
391 |
|
589 |
|
787 |
|
985 |
|
18 |
|
36 |
|
54 |
|
72 |
|
90 |
|
|
|
|
|
|
|
|
203 |
|
401 |
|
599 |
|
797 |
|
995 |
TABLE-- III AT 1/22
11 |
|
121 |
|
231 |
|
341 |
|
451 |
|
561 |
|
|
1 |
|
6 |
|
11 |
|
16 |
|
21 |
|
26 |
32 |
|
142 |
|
252 |
|
362 |
|
472 |
|
582 |
|
33 |
|
143 |
|
253 |
|
363 |
|
473 |
|
583 |
|
|
2 |
|
7 |
|
12 |
|
17 |
|
22 |
|
27 |
54 |
|
164 |
|
274 |
|
384 |
|
494 |
|
604 |
|
55 |
|
165 |
|
275 |
|
385 |
|
495 |
|
605 |
|
|
3 |
|
8 |
|
13 |
|
18 |
|
23 |
|
28 |
76 |
|
186 |
|
296 |
|
406 |
|
516 |
|
626 |
|
77 |
|
187 |
|
297 |
|
407 |
|
517 |
|
627 |
|
|
4 |
|
9 |
|
14 |
|
19 |
|
24 |
|
29 |
98 |
|
208 |
|
318 |
|
428 |
|
538 |
|
648 |
|
99 |
|
209 |
|
319 |
|
429 |
|
539 |
|
649 |
|
|
5 |
|
10 |
|
15 |
|
20 |
|
25 |
|
30 |
120 |
|
230 |
|
340 |
|
450 |
|
560 |
|
670 |
|
Examples:--
(1)
8th April,
1952 to 16th December, 1952:--
In Table I, the number in the horizontal against 16 and in the column
under December is 350 and the number in the horizontal line against 7 and in
the column under April is 97. The difference between these two numbers is 253
which is the number of days during the period 8th April, 1952 to 16th December,
1952. The figure 23 against the groups 248 to 258 in Table II and the figure 12
against the group 253 to 274 in Table III represent the number of days of leave
earned.
(2)
8th April,
1951 to 16th December, 1952:--
Split the period into 8th April, 1951 to 7th April, 1952, 8th April,
1952 to 16th December,. 1952. The number of days during the first period is
366. Then proceed as is example (1) above.
Executive Instructions regarding Casual Leave
[See Ruling (4) under Rule 85]
I.
ORDINARY
CASUAL LEAVE
1.
Casual Leave
is not provided for in the Fundamental Rules and is a concession to enable
Government servants in special circumstances to be absent from duty for short
period without such absence being treated as leave under the leave rules
applicable to the Government servant concerned.
2.
No
Government servant may in any case be absent on casual leave for more than
twelve days in the course of one calendar year. Casual leave may be combined
with optional holidays or Sundays or other authorised holidays provided that
the resulting period of absence from duty does not exceed ten days. The fact
that a maximum has been fixed for the amount of casual leave which may be taken
within a year does not mean that an officer is entitled to take the full amount
of casual leave as a matter of course].
3.
Heads of
Departments should intimate their intention of taking casual leave to
Government in the department concerned.
4.
A register
of casual leave taken should be maintained in every office.
5.
Members of
works establishment may be granted casual leave on full pay.
6.
Omitted by
G.O.Ms.No. 97, Fin & Plg. (FW : FR-I) Dept., Dt. 24-4-81.
II. SPECIAL CASUAL LEAVE
7.
(a) Special
casual leave not counting against ordinary casual leave may be granted to a
Government servant in the following circumstances.
(i)
& (ii)
and Notes under
(ii)
from 1 to 5
cancelled by G.O.Ms.No. 10, Fin. & Plg. (FW: FR-I) Dept., Dt. 24-1-1992.
(iii)
When he is
summoned to serve as a junior or assessor or to give evidence before a Court in
the Indian Union of Foreign Territory as a witness in civil and criminal cases
in which his private interests are not in issue, the leave to cover the total
period of absence is necessary.
(iv)
When with
the permission of the Director of Medical Education, Director of Health arid
Medical Officer/Assistant Director of Public Health, Health Officer of the
Public Health Department is absent from his Headquarters, the leave to cover
the total period of absence is necessary.
(v)
Male
Government employees, who undergo vasectomy operation under the Family Welfare
Programme, will be eligible for special casual leave not exceeding six working
days. If any employee undergoes vasectomy operation for the second time on
account of the failure of the first operation, he will be eligible for a
further special casual leave not exceeding six days on production of a
certificate from the medical authority concerned to the effect that the second
operation was performed due to the failure of the first operation.
(vi)
Female
Government employees who undergone tubectomy operation, whether puerperal or
non-puerperal, will be eligible for special casual leave not exceeding fourteen
days.
Female Government employees, who undergo Tubectomy operation for the
second time on account of the failure of the first operation shall be eligible
for Special Casual Leave not exceeding fourteen days again on production of a
medical certificate from the medical officer concerned to the effect that the
second operation was performed due to the failure of the first operation.
(vii)
Female
Government employees, who have insertions of intrauterence-contraceptive
devices will be eligible for Special Casual Leave on the day of the I.U.D.
insertion. Female Government employees who have reinsertion of Intras Utira
Device shall be eligible for Special Casual Leave on the day of Intra Utiras
Device insertion.
(viii)
Female
Government employees who undergo salpinagectomy operation after Medical
Termination of Pregnancy (M.T.P.) will be eligible for Special Casual Leave not
exceeding fourteen days.
(ix)
Male
Government employees, whose wives undergo either puerperal or non-puerperal
tubectomy operation for the first time or for the second time due to failure of
the first operation (under the Family Welfare Programme) will be eligible for
Special Casual Leave for seven days, subject to the production of a Medical
Certificate stating that their wives have undergone tubectomy operation for the
second time due to failure of the first operation. It shall not be necessary to
state in the certificate that the presence of the Government employees is
required to look after the wife during her convalescence.
(x)
Male
Government employees whose wives undergone tubectomy Salpingectomy operation
after Medical Termination of Pregnancy (M.T.P.) will be eligible for special
Casual Leave upto seven days subject to the production of medical certificate
stating that their wives have undergone tubectomy/salpingectomy operation after
medical termination of pregnancy. It shall not be necessary to state in the
certificate that the presence of the Government employee is required to look
after the wife during her convalescence.
(xi)
The
Government employees who require special casual leave beyond the limits laid
down for undergoing sterilisation operation owing to the development of Post
Operative Complications will be eligible for Special Casual Leave to cover the
period for which he/she is hospitalized on account of Post operational
complications, subject to the production of certificate from the concerned
hospital authorities/an authorised Medical attendant. In addition, the benefit
of additional Special Casual Leave may also be extended to the extent of seven
days in the case of vasectomy operation and 14 days in case of tubectomy
operation to such Government servant who after sterilisation do not remain
hospitalized, but at the same time or not found fit to go to work, subject to
the production of a Medical Certificate from the appropriate authority in the concerned
hospital/ an authorised medical attendant.
(xii)
Government
employees who undergone operation for recanalisation will be eligible for
Special Casual Leave upto a period of Twenty one days or the actual period of
hospitalization as certified by the authorised medical attendant whichever is
less. In addition Special Casual Leave can also be granted for the actual
period of the to and fro-journey performed for undergoing this operation. The
grant of Special Casual Leave for recanalisation operation without any
commitment to the reimbursement of Medical expenses is subject to the following
conditions :
(1)
The
operation should have been performed in Hospital/Medical College/Institute
where facilities for recanalisation are available. If the operation is performed
in a private hospital it should be one nominated by the State Government for
performing recanalisation operation.
(2)
The request
for grant of Special Casual Leave is supported by a medical certificate from
the doctor who performed the operation to the effect that hospitalization of
the Government servant for the periods stipulated therein were essential for
the operation and post operation recovery.
(3)
The
concession indicated above is admissible to Government employees who :--
(a)
are
un-married, or
(b)
have less
than two children, or
(c)
desire
recanalisation for substantial reasons -- for example a person has lost all
male children or all female children after vasectomy/tubectomy operation
performed earlier.
(xiii)
Special
Casual Leave connected with sterilisation, recanalisation under family welfare
programme may be suffixed as well as prefixed to regular leave or casual leave.
However special casual leave should not be allowed to be prefixed both to
regular leave and casual leave. Special Casual Leave should either be prefixed
to regular leave or to casual leave and not both. Similarly, Special casual
leave may be suffixed either to regular leave or casual leave and not both. The
intervening holidays and/or Sundays may be prefixed or suffixed to regular
leave, as the case may be.
(b) In the cases coming under clauses (iii) to (iv) above when the
absence from duty exceeds the period which may reasonably be treated as casual
leave under the discretion vested in the Head of the Office, the Government
servant may be granted for the entire period of absence such regular leave with
leave-salary as may be due to him and thereafter extraordinary leave.
8.
(1) Special
Casual leave will be allowed to a Government servant participating in sporting
events for the period not exceeding 30 days in a calendar year. The period of
absence in excess of 30 days shall be treated as regular leave of the kind
admissible under the relevant rules applicable to the persons concerned. For
this purpose, Government servants may as special case, be permitted to combine
special casual leave with regular leave but not with regular casual leave.
The purposes for which and the conditions under which special casual
leave may be granted are indicated below :
The special leave will be allowed only--
(a)
for
participating in sporting events of National or International importance; and
(b)
when the
Government servant concerned is selected for such participation:
(i)
in respect
of International sporting events by any one of the following organizations as a
member of a team which is accepted as representative on behalf of India.
List of the National Sports Federations recognised by the All India
Council of Sports]
1.
Indian
Hockey Federation.
2.
All India
Women's Hockey Association.
3.
Board of
Control for Cricket in India.
4.
Swimming
Federation of India.
5.
Amateur
Atheletic Federation of India.
6.
All India
Foot-Ball Federation.
7.
Volley Ball
Federation of India.
8.
Badminton
Association of India.
9.
Wrestling
Federation of India.
10.
All India
Lawn Tennis Association.
11.
Table Tennis
Federation of India.
12.
Basket Ball
Federation of India.
13.
Kabaddi
Federation of India.
14.
India Weight
lifting Federation.
15.
Gymnastic
Federation of India.
16.
Indian Polo
Association.
17.
Indian Golf
Union.
18.
Indian
Amateur Boxing Federation.
19.
Squash
Rackets Association of India.
20.
All India
Chess Federation.
21.
Ball
Badminton Association of India.
22.
Indian Style
Wrestling Association of India.
23.
Billiards
Association and Control Council of India.
24.
National
Cyclists' Federation of India.
25.
All India
Bridge Federation.
26.
National
Rife Association, India.
27.
Yatching
Association of India.
List of Special Sports Organisations Recognised by the All India Council
of Sports
28.
Indian
Olympic Association.
29.
All India
Deaf and Dumb Sports Association.
30.
Services
Sports Control Board.
31.
Schools
Games Federation of India.
32.
Railway
Sports Control Board.
33.
Inter-University
Sports Board of India.
34.
Institution
of Sports. Patiala, Raj Kumari Amrit Kaur Coaching Scheme, and similar All
India Coaching or Training Schemes. '
Scheme, and similar All India Coaching or Training Schemes.
(ii)
in respect
of events of National importance when the sporting event, in which
participation takes place, is held on an Inter-State, Inter-Zonal or
Inter-Circle basis, and the Government servant concerned takes part in the
event in a team as a duly nominated representative on behalf of the State, Zone
or Circle, as the case may be.
(iii)
The period
of absence from duty of State Government employees participating in Trekking
Expeditions may be regulated by the grant of Special Casual Leave not exceeding
30 days in one calendar year, subject to the following conditions :
1.
(a) That the
expedition has the approval of the India Mountaineering Foundation; and
(b) there will be no change in the overall limit of 30 days of Special
Casual Leave for an individual Government Servant for one Calendar year for
participating in sporting events of national or international importance.
2.
The period
of absence in excess of 30 days should be treated as regular leave of the kind
admissible under the leave rules applicable to the persons concerned. For this
purpose Government Servants may be permitted, as a Special case, to combine
Special Casual Leave with regular leave.
(2) The concession under sub-rule (1) shall not be allowed for
participation either in a National or International sporting event in which the
Government servant concerned participates in his personal capacity and not in a
representative capacity.
9.
(1) The
period of absence of a Government servant from his civil post for interview,
medical examination, etc., at the time of his recruitment to, or Commissioning
in, the Territorial Army or Auxiliary Air Force, when it is not possible for
the Government servant to attend to his duties after the interview, medical
examination, etc., for training, courses of instruction subsequent medical
examination, embodiment for camps or for supporting to supplementing the
regular armed forces service in aid of civil power, for air force service in
India and abroad as the case may be, and for participation, when required, in
ceremonial parades on special occasions like the Territorial Army and Auxiliary
Air Force Day, Republic Day, visits of Ministers etc., in his capacity as a
member of the Territorial Army or the Auxiliary Air Force, including the period
spent in transit should be treated as special casual leave, if the period of
absence is one month or less.
(2) The period of absence from his civil post, of a Government servant,
who is under an obligation to register his name under the provision of the
Reserve and Auxiliary Air Force Act, 1952, due to his call up for enquiry or
summons to report for interview or other tests or medical examinations, unless
it is possible for Government servant to attend to his duties after the
enquiry, interview, medical examination, etc., for training service in aid of
civil power, air force service in India and abroad, and for participation when
required in ceremonial parades on special occasions like the Territorial Army
and Auxiliary Air Force Day, Republic Day, visits of Ministers, etc., in his capacity
as a member of the Air Defence Reserve including the period spent in transit
should be treated as special casual leave if the period of absence is one month
or less.
10.
Special
Casual Leave of six days in a calendar year, irrespective of the number of
dramas enacted by the Association in a year may be granted to the artists and
other office bearers of the Andhra Pradesh Secretariat Cultural Association
belonging to the Andhra Pradesh Secretariat Departments who actually visit
mufussil stations in the State for purpose of enacting dramas under the
auspices of the Association.
10-A. [Not Printed].
10-B. Special Casual Leave not exceeding
[twenty one]1 days in a Calendar year may be granted to the principal Office
bearers of the following recognised Service Associations and to two Office
bearers from each of the Units in the districts and in the city as are
represented on the Andhra Pradesh Civil Services Joint Staff Council:
1. Andhra
Pradesh Non-Gazetted Officers' Association. |
(a)
President (b)
Associate President (c) Two
Office bearers of the Units in the Districts. |
|
(d) Two
Office bearers of the City Units). |
|
|
2. All
Andhra Pradesh Class IV Employees Central Union. |
(a)
Working President (b)
General Secretary (c) Two
Office bearers of the Units in the Districts. (d) Two
Office bearers of City Units. |
3. The
State Teachers Union |
(a)
President (b)
General Secretary (c) Two
Office bearers of Dist. Units (d) Two
Office bearers of City Units |
4.
Telangana Non-Gazetted Officers' Association. |
(a)
President (b) Two
Office bearers of Dist. Units. (c) Two
Office bearers of the City Units |
5. Andhra
Pradesh Secretariat Association |
(a)
President (b)
Secretary. |
The grant of Special Casual Leave is subject to the following conditions
:
(a)
That this
Special Casual Leave not exceeding 21 days will include and not be in addition
to any Special Casual Leave allowed in any other capacity such as for Sports,
Cultural activities, etc.
(b)
That the
competent authority will have the discretion to withhold the grant of Special Casual
Leave if he considers it necessary to do so in the exigencies of Government
work.
10-C. A Special Casual Leave of seven days in
a Calendar year may be granted to the employees of the Vacation Department in
case of dire necessity or under some pressing family circumstances subject
however to the condition that if they participate in the sporting events of
National or International importance their absence on Special Casual Leave
shall not exceed thirty days including the seven days of Special Casual Leave
mentioned above :
Provided the competent authority shall have the discretion to withhold
the grant of Special Leave in the exigencies of Government work).
10-D. Omitted as per G.O.Ms.No. 144, Fin., Dt.
22-6-1981.
10-E. Special Casual Leave not exceeding 10
days in a calendar year may be granted to Government employees who participate
in the rallies, camps, etc., organised by the Andhra Pradesh Bharat Scout and
Guides at the State and National Level subject to the usual conditions
governing Special Casual Leave.
(a)
and
(b)
[Not
Printed].
10-F. Special Casual Leave not exceeding a
period of 7 days in each calendar year may be granted to the members of the
Institution of Engineers (India) working in all the Departments to attend the
annual meeting of the Institution of Engineers (India) at Hyderabad and for a
period of 10 days for attending annual convention in each calendar year in any
part of the country.
The grant of special casual leave to the members of the Institution of
Engineers (India) working in all Departments is subject to the following
condition:--
(i)
The members
attending the convention shall not be eligible for any T.A. etc., for the
journey performed by them including external tours etc. The limit of 7 days for
Annual meeting and 10 days for annual conference will be in addition to special
casual leave allowed in any other capacity subject to the condition that the
total period of special casual leave per individual on all occasions shall not
exceed 30 days in a calendar year.
(ii)
The Heads of
the Departments under whom the said members are working should exercise their
discretion against granting on block permission to such members whose presence
in the respective posts will be necessary in the interest of Administration.
10-G. Special Casual Leave not exceeding 30
days in a calendar year may be allowed to an artist who is a Government servant
participating in cultural events of National and International importance, when
he is selected for participation by service/cultural associations, recognised
by Government or cultural organisations recognised/affiliated to State
Academies in the State with prior permission of the Head of Office.
The grant of Special Casual Leave to such employees is subject to the
following conditions:
(i)
The period
of absence in excess of 30 days be treated as regular leave of the kind
admissible under the relevant rules applicable to the person concerned. For
this purpose. Special Casual Leave can be combined with regular leave but not
with regular casual leave.
(ii)
the said
concession shall not be available for participation in a National or
International Cultural events, if he participates in his personal capacity and
not in a representative capacity.
(iii)
The employee
selected may be paid T.A. and D.A. to which he is entitled under the rules
applicable to him for Journeys on tour from the Budget provision of his
Department when he is representing State/Department/Academies and if the
employee participates on his own accord he shall not be entitled for any T.A.
and D.A.
(iv)
The above
facilities will be available to the Government employees when he is selected
for participation by Service/Cultural Associations recognised by Government or
Cultural Organisations recognised/affiliated to State Academies in the State].
III. GENERAL INSTRUCTIONS
11.
Casual Leave
cannot ordinarily be taken in combination with any leave recognised by the
Leave Rules, with joining time or with vacation.
12.
The grant to
a Government servant of casual leave other than special casual leave or of
permission to avail himself of holidays should not ordinarily result in any
appreciable extra expenditure to the Government. Care should be taken to see
that no Government servant is allowed to proceed on casual leave or avail
himself of holidays frequently if he has actually to be relieved on such
occasions and the payment of travelling allowance to another officer thereby
becomes necessary.
13.
Probationary
Sub-Inspectors of Police should be allowed as a special case, special casual
leave not exceeding six days in addition to the usual leave admissible to them
during their training year before they proceed to join the district in which
they have to serve. This extra casual leave should not be debited to their
ordinary casual leave account.
INSTRUCTION ON LEAVE
Fundamental Rules -- Rule 69 -- terms to be granted
to Officers on appointment during leave preparatory to retirement -- Reg.
[Memo No. 46583-F.R./59-1, Finance. Dt. 12-9-1959]
Ref:--
1.
G.O.Ms.No.
2, Finance. Dt. 3-1-1959.
2.
From the
Commissioner for Government Examinations, Hyderabad, Letter No. 93/A1-2/59, Dt.
24-4-1959.
Order:--
In the G.O. cited it has been ordered that the leave salary of
Government servants under their rule-making control, who are permitted to
accept Government or private employment during leave preparatory to retirement,
shall, in future be restricted to the amount of leave salary admissible in
respect of leave on half average pay. The Commissioner for Government
Examinations, in the letter second cited, has enquired whether it is the
intention of the Government to apply the above orders to Telangana Officers
also and if so to issue suitable amendments to H.C.S. Rs as the amendment
issued in the said G.O. seems to apply only to the officers governed by F.Rs.
The Commissioner for Government Examinations, Hyderabad, is informed
that the intention of Government is that the Order issued in the G.O. cited
should apply to persons governed by H.C.S.Rs also and that amendment to
H.C.S.Rs is considered unnecessary as such cases are likely to be very few on
the Telangana side. However, in the cases where Telangana Officers are
permitted to accept employment under Union Government or State Government or
private employer during leave preparatory to retirement or during refused leave
they will be subject to the restriction laid down in the G.O. cited by
embodying necessary provision in the orders in which employment will be given.
[***]
Re-employed Pensioners ?
Regulation of leave, leave salary, etc., --
Revised instructions ?
Issued.
[G.O.Ms.No. 2200, Finance (FR) Dept., Dt. 14-6-1960]
Ref:--
From the Government of India, Ministry of Finance, (Department of
Expenditure) O.S.No.8 (34)/Estt. III/57. Dt. 25-11-1958.
Order:--
In the reference cited, the Government of India have issued instructions
in the matter of leave, leave salary, etc., to be granted to the pensioners
reemployed while on refused leave etc. The question of adopting the Government
of India's revised instructions by the Government has been examined, and the
Government have decided to adopt them in respect of their Government servants
under the rule making control of the State Government. The following
instructions are accordingly issued in modification of the existing orders from
regulating the leave, leave salary etc., in case where an officer who before
retirement was in the civil employ of the State Government is re-employed
before he has had an opportunity to avail himself of the leave which had been
refused to him in the exigencies of public service under F.R. 86(a) or the
corresponding rule in the Leave Rules applicable to him, before the date of
superannuation and which, under the rules, could be enjoyed by him after the
date of superannuation.
(i)
The
unutilised portion of the refused leave may be allowed to be available of on
termination of the period of re-employment.
(ii)
The leave
salary for the period of such leave would be the same as would have admissible
in the normal course but for re-employment reduced by the amount of pension
and/or pension equivalent of gratuity and other retirement benefits.
(iii)
The leave
salary for the refused leave which is permitted to be availed of on termination
of the period of re-employment would be borne by the Department which would
have borne it, had the leave been enjoyed before re-employment and not
postponed.
(iv)
The existing
position will continue in the case of officers who may be reemployed during the
period of their leave preparatory to retirement.
(v)
To the
extent the leave earned during the period of re-employment is not availed
during the period of re-employment itself, it will be allowed to be availed on
termination of re-employment, provided it is applied for and it is refused in
exigencies of public service and provided further the leave on average pay or
earned leave carried forward under (i) above and the earned leave allowed as
terminal leave shall together not exceed the limit upto which leave on average
pay or privilege leave or earned leave can be allowed at a time under the rules
applicable to the Government servant concerned before retirement.
If a person has on the date of re-employment enjoyed a portion of the
refused leave, the leave admissible to him on finally demitting office after
reemployment will be composed of the unavailed portion of such leave and the
leave earned during the period of re-employment in such manner as the officer
desires and the incidence of such leave salary will follow the manner in which
the two leaves are combined. Formal sanction to such leave should be accorded
by the authority or authorities empowered to sanction prior to and during
re-employment.
[***]
Grant of leave preparatory to retirement to State-Government servants
while on foreign service coupled with permission to remain in the service of
the foreign employer
[G.O.Ms.No. 2242, Finance (FR) Department, Dt. 6-7-1960]
Ref:--
From the Government of India, Ministry of Finance, (Department of
Expenditure) Office Memorandum No.F.7 (35) Est.IV/58, Dt. 8-9-1959.
Order:--
In supersession of all the existing orders the Government direct that
the grant of leave preparatory to retirement to the Government servants under
the control of the Government while on foreign service complied with permission
to remain in the service of the foreign employer be regulated as follows :
I.
Cases where
Government servant who is already on foreign service in or out of India under a
Body corporate, owned or controlled by Government applied for leave preparatory
to retirement.
The leave applied for can be granted only if the body corporate owned or
controlled by Government is prepared to release him from their employment to
enable him to enjoy the leave, if not so released, the leave should be refused
in interest to public service, and it may then be availed of by the Government
servant to the extent admissible under F.R. 86 or the corresponding rule in the
Leave Rules applicable to him from the date of his quitting the service.
II.
Cases where
a Government servant who is on foreign service in or out of India other than
under a body corporate, owned or controlled by Government applies for leave
preparatory to retirement.
In such cases leave will be admissible only where the Government servant
quits duty under the foreign employer. In other words, he will not be permitted
to continue in employment under the foreign employer while on leave preparatory
to retirement. Non-eligibility for leave preparatory to retirement as a result
of continuance in service under the foreign employer will not be treated as
refusal of leave for the purpose of F.R. 86 or the corresponding rule in the
Leave Rules applicable to him. If he is allowed to continue in employ of the
foreign organisation after the date of superannuation he will be treated purely
as on private employment.
III.
Cases where
the Government servant seeks re-employment under a body corporate while on
refused leave.
If while on refused leave a Government is offered re-employment under a
body corporate owned or controlled by Government the authority by whom the
leave was sanctioned may cancel the unutilised portion of leave and allow it to
be enjoyed on termination of the period or re-employment on the terms and
conditions laid down in the G.O.Ms.No. 2200, Finance, Dt. 14-6-1960.
If however re-employment is permitted under an organisation in or out of
India other than a body corporate owned or controlled by Government he cannot
be allowed the benefit of availing himself of the unutilised portion of refused
leave on conclusion of the re-employment. He may either have the option of
retiring forthwith or to remain on refused leave concurrently with
re-employment under such a private organisation on the condition that the leave
salary will be restricted to that admissible during leave on half average pay
or half pay leave, as the case may be.
[***]
State Manpower Committee?
Recommendations relating to study leave ?
Instructions issued.
[Memo No. 16365/796.FR 61-1, Fin. (FR) Dept., Dt. 30-3-1961]
Ref:--
Proceeding of Third meeting of the State Manpower Committee held on
11-2-1960.
Order:--
At the Third meeting of the State Manpower Committee, it was suggested
that the system of study leave must be revived which would be an inducement to
candidates to go abroad and acquire higher technical training and that the
possibility of reviving the study leave must be examined. The Director of
Technical Education has further suggested that the study leave rules must be
liberalised by the grant of last pay drawn, during the leave period, arid,
extending the study leave to three years. The Heads of Departments are informed
that under F.R. 84 and H.C.S.R 443, study leave can be granted to Government
servants to enable them to study scientific, technical or similar courses of
instructions etc., and is being granted in deserving cases where the proposed
studies are considered to be absolutely essential in the interests of the State
Government and where such studies cannot be provided for, under the Foreign Aid
Schemes like Colombo Plan. Point Four Programme etc., and therefore the
question of reviving the study leave does not arise and there is also need to
provide for the study leave in all cases as a matter of routine. The suggestion
for extending the period of study leave and allowing the pay last drawn has
been examined and it is found that the present rules follow the rules of
Government of India and that there is no justification to grant more liberal
terms than those of the Government of India.
[***]
Re-employed Pensioners ?
Regulations of leave salary etc., --
Clarification ?
Issued.
[Memo No. 508A/38/FR/62-1/Fin. (FR) Dept., Dt. 15-3-1962]
Ref: --
(1)
G.O.Ms.No.
2200. Fin. Dt. 14-6-1960.
(2)
Further
G.O.Ms, of (F.C. Dept. of Exp.) O.M.No. F-7(189)-E, IV(A)/ 60, Dt. 31-8-1961.
Order:--
After the issue of orders in G.O. cited doubts have been raised whether
a Government servant can be permitted to avail of the refused leave under F.R.
86 or the corresponding rule in the Leave Rules applicable to him during the
period of re-employment also.
It is hereby clarified that a Government servant may be permitted to
avail of the refused leave either in whole or in part at any time during the
period of reemployment even though leave earned during the period of
re-employment is at his credit, if such course is to his advantage. The leave
salary will be the same as admissible under the order issued in the above G.O.
But he will not be entitled to draw his re-employment pay in addition to leave
salary during the period of refused leave so availed of.
The grant of such leave during the period of re-employment will, however,
be conditional on the re-employing authority being able to grant any part of
the refused leave during the period of re-employment.
These orders will take effect from 24th June, 1960.
[***]
Grant of Maternity leave to temporary Government servants ?
Further Instructions ?
Issued.
[Memo.No. 69122/1288/FR/62-1, Fin. (F.R). Dept., Dt. 2-4-1962]
Ref:--
Memo No. 44259 A/1972/FR/61-1, DT. 11-7-1961].
Order:--
In modification of the instructions issued in the memo cited, the
following instructions are issued in regard to the grant of maternity leave to
non-permanent Women Government servants including those working temporarily.
According to Subsidiary Rule 1 under Fundamental Rule 101 non-permanent
Women Government Servants should take, for maternity purposes, the ordinary
leave on average pay for which they may be eligible and if they are not
eligible for any leave on average pay or if the leave to their credit is less
than two months, maternity leave may be granted for a period not exceeding two
month or for the period that falls short of two months, as the case may be.
Women Government Servants working temporarily also under this Government are to
be allowed maternity leave under the above rule.
[***]
Grant of Maternity Leave to Female Government Servants ?
Further Clarifications ?
Issued.
Memo. No. 45911/898. F.R.I/62-1, Fin., (F.R.I) Dept. Dt. 7-8-1962]
Ref:--
F.D. Memo No. 69122/1218/F.R. /62-1, Dt. 2-4-1962.
Order:--
1.
A question
has been raised whether the term 'temporarily' mentioned in the memo cited'
includes emergency appointments made under Rule 10(a)(i) of the General Rules.
The above term was used with a view to dispel any doubt felt by the authority
competent to sanction maternity leave whether the term "non-permanent'
Government servants in S.R. 1, to Fundamental Rule 101 also includes those
appointed 'temporarily' either under General Rule 10(a)(i) or other provisions.
It is, therefore, hereby clarified that term 'temporarily' mentioned in the
memo cited includes emergency appointments under Rule 10(a)(i) of the General
Rule.
2.
Rule 26 of
the Andhra Pradesh Leave Rules, 1933, restricts the grant of leave (both earned
or unearned) to a non-permanent Govt. servant subject to the condition that he
would have continued to hold a post in Government service but for going on
leave. The above restriction is equally applicable in cases of grant of
maternity leave which is an extra kind of leave not debitable to leave account.
[***]
Effect of taking "refused leave" during re-employment.
[Memo. No. 42011 /8930. F.R. 62-2, Fin., Dept., Dt. 4-2-1963]
Ref:--
(1)
Government
Memo.No. 608-A/38-FR/62-1, Dt. 15-3-1962.
(2)
G.I., M.F.,
O.M.No.F. 7 (189), Est. IV/A/60, Dt, 26-5-1962.
Order:--
1.
Subsequent
to the issue of orders in the Government Memo, cited, doubts have been felt
whether refused leave availed of during reemployment :--
(i)
causes a
break in the continuity of re-employment will not break the continuity of
re-employment;
(ii)
counts for
reckoning the minimum period of one year for eligibility to the benefits of Contributory
Provident Fund ;
(iii)
counts for
contribution to Contributory Provident Fund;
(iv)
counts for
increments ;
(v)
counts for
earning leave any kind.
2.
Following
the decision of Government of India in their Office Memorandum 2nd cited, the
Government have decided that:--
(i)
refused
leave availed of during a period of re-employment will no break the continuity
or re-employment;
(ii)
it will not
be taken into account for reckoning the minimum period of one year for
eligibility to Contributory Provident Fund benefits if admissible;
(iii)
no
contributions will be made to the Contributory Provident Fund during the period
of refused leave and no subscription will be recovered from the re-employed
Government Servant during that period ;
(iv)
it will not
count for earning increments ;
(v)
it will not
count for earning leave under Andhra Pradesh Leave Rules, 1933.
3.
The question
whether refused leave taken during re-employment should automatically extend
the period of re-employment by a corresponding period has also been considered.
As extension of the period of re-employment is independent of the grant to
refused leave, it has been decided that an extension of the period of
re-employment may be left to be decided by the re-employment authority itself.
[***]
Leave -- Leave preparatory to retirement -- Submission of application
for grant of Leave -- Sufficiently in advance of the date from which leave is
required -- Clarification -- Issued.
[G.O.Ms.No. 161. Finance (F.R.I) Department, Dt. 21-2-1963]
Order:--
1.
According to
F.R. 86/HCSR 445 read with the corresponding provisions of the order other
leave rules, a government servant has apply for the grant of leave preparatory
to retirement due to him sufficiently in advance of the date from which he
proposes to proceed on leave. The term "Sufficiently in advance" has
not been defined. But, however, in practice and by convention, a period of two
months is generally considered necessary for making application for grant of
leave preparatory to retirement with a view to enable the Government to take a
decision whether the leave applied for should be granted or refused in the
exigencies of public service under the provision of above rules. It is,
however, seen that Government servants are applying for the grant of leave
preparatory to retriement, at the last moment which is causing dislocation of
work. Government have examined the above position and direct that applications
for grant of leave preparatory to retirement should be submitted two months in
absence of the date from which the Government servant who desires to proceed on
leave, to eanble the Government to decide whether to grant him leave due
preparatory to retirement or to refuse him the leave under F.R. 86/HCSR. 445,
read with the corresponding provisions of the other leave rules. If the Government
servant fails to apply for leave preparatory to retirement two months in
advance of the date from which he has to proceed on such leave, the period
falling short of the required period of two months reckoned from the date of
application will be deducted from the quantum of leave due as leave preparatory
to retirement and he will be granted or refused only the balance of leave after
so deducting the periods that falls short of two months.
2.
The
Departments of the Secretariat, the Heads of Departments and other authorities
competent to sanction leave in respect of the subordinates under their control,
are requested to strictly comply with the above orders in dealing with
applications for the grant of leave preparatory to retirement. In cases where
it is considered that leave applied for should be refused on the ground of
requirements of public service, necessary proposals should be submitted to
Government within a fortnight of the receipt for the application for leave, to
enable the Government to take a decision regarding grant or refused of leave
within two months from the date of application. Cases in which it has been
decided to sanction leave preparatory to retirement, should not be referred to
Government for orders as the authorities competent to sanction leave under F.R.
66/H.C.S Rs. 372 and 374 are also competent to sanction leave due as
preparatory to retirement.
[***]
Compulsory posting in respect of Government servants on return from
leave, or after relief from a station treated as duty or extension of joining
time -Avoidance of - Instructions - Issued.
[G.O.Ms.No. 618, Finance (F.R.) Department. Dt. 28-12-1963]
Ref. :-
From A.G., A.P., Hyderabad, letter No. G.A. General/ 11-13/62-93, Dt.
15-3-1963.
Order :-
1.
In his
letter cried, the Accountant-General has brought to the notice of Government
some cases where Government servants on return from leave or on relief from
previous posts, have been kept compulsorily waiting for posting orders for long
periods ranging from one month to more than 4 months and where such periods
have been treated either as compulsory waiting or as extension of joining time,
resulting in avoidable extra coast to Government. On investigation into the
causes for the delay in the issue of posting orders in the above cases, it has
been noticed that although a major part of the delay has been due to
administrative reasons, there was also some delay on the part of Heads of
Departments in sending up proposals to Government for giving postings to the
Government servants concerned especially in the case of these returning from
leave. The attention of the Heads of Departments and other Controlling Officers
is also invited to the provisions of the Note below Subsidiary Rule 43 under
F.R. 74 (a) in Annexure II, Part I to Fundamental Rules, according to which
they are required to provide for expected return of the Government servants
from leave by seeing that the Government servants to be relieved are at
headquarters in due time to give over charge. In spite of instruction previously
issued in Government Memorandum No. 596-AFR/56-2. Dt. 7-2-1956 to the effect
that necessary action should be taken by the authorities concerned in advance
in sufficient time to issue posting orders in such cases the Government observe
that cases of this kind are on the increase of late thereby causing unnecessary
additional expenditure to Government. The Government are therefore constrained
to reiterate that the following instructions should be followed scrupulously by
the authorities concerned in future.
2.
In the case
of Government servants returning from leave, proposals for posting should be
sent to the competent authorities sufficiently in advance but in any case not
less than ten days in advance of the date of expiry of leave. Similarly, in the
case of Government servants working in posts which has been sanctioned for a
specified period and those who have been deputed for courses of training or
deputed to other Government or on foreign service proposals for posting should
also be sent sufficiently in advance but in any the post expires or the date of
expire of the course of training or the period of deputation, as the case may
be. If the above instructions are not followed in any case in future,
Government will have to consider taking necessary action against the persons
responsible for recovering the unnecessary expenditure caused to Government by
way of treating the period of compulsory waiting of the Government servants
concerned either as duty or extension of joining time.
The Heads of Departments are also requested to issue necessary
instructions to their subordinate officers in the matter. The Departments of
the Secretariat are requested to see that the above instructions are
scrupulously followed.
[***]
Re-counting of extraordinary leave for purposes of increments-
Clarification - Issued.
[Memo. No. 11302/FR-11/64-1, Finance Department Dt. 16-6-1964]
Ref.:-
1.
G.O.Ms.No.
357. Fin. Dept., Dt. 1-9-1962.
2.
From G.I.,
M.F., Lr. No. 1725 to III (A)/64, Dt. 27-4-64.
Order:--
1.
According to
the proviso to F.R. 26 (b)(ii) H.S.C.R. (b) (ii) introduced in the G.O. 1st
cited, the Govt. may direct that extraordinary leave shall be counted for
increments in cases where they are satisfied that the extraordinary leave was
taken on account of illness or for any other case beyond the Govt. servants
control or for prosecuting higher scientific or technical studies. A question
has arisen whether the extraordinary leave granted in terms of F.R. 54 (3)
H.S.C.R. 226 (5) while regularising the period of absence from duty under
suspension falls within the scope of the aforesaid provision to F.R. 26 (ii)
H.S.C.R. 40 (b) (ii).
2.
After
careful consideration and in consultation with the Govt. of India, it has been
decided by Government that as extraordinary leave granted to Government servant
in consequence of regularisation of the period of this absence from duty under
suspension cannot be treated as one granted due to any cause beyond the control
of a Government servant such extraordinary leave should not be allowed count
for increment with, the meaning of the proviso to F.R. 2 (b) (ii) H.S.C.R. 40
(b) (ii) in as much as the Government servant had to remain under suspension
due to his own faults and will have therefore to bear to consequential effects
arising out of the punishments imposed by the competent authority.
[***]
Special Casual Leave for undergoing Sterilisation Operation - Regarding
[Memo. No. 51625/255-F.R. 1/65-2. Fin (F.R.I.) Dept., Dt 5-1-1965]
Ref. :-
From the Dir. of Animal Husbandry, Lr. No. 40054-B-7/65, Dt. 18-7-65.
Order :-
The Director, Animal Husbandry, is informed that there is no objection
to the Government servant availing the intervening holidays in between two
spells of Special Casual Leave of six days. There is also no objection to a
Government servant combining Ordinary Casual Leave and/or Compensatory Leave
also provided the period of absence of a Government servant on Special Casual
Leave together with the public holidays etc., so permitted to be affixed/
suffixed and to combine Ordinary Casual Leave and/or Compensatory Leave should
not exceed 10 days.
[***]
Special Casual Leave - For undergoing Sterilization Operation
-Clarification's - Issued.
[Memo. No. 43785/2016-F.R. 1/63-2, Fin. (F.R.I.) Dept., Dt. 24-2-1965]
Ref.:-
(1)
From the
Chief Engineers, Nagarjuna Sagar Canals Lr.No. 12361 AS/63-1, Dt. 6-6-1963.
(2)
From the
Dir., Medical Ser., Lr. No. 132426/E-3/A/63, Dt. 21-5-64.
(3)
From the
Dir., Public Health. Lr.No. 86507/T. 3/63. Dt 5-8-1964.
(4)
From the
Dir., Medical Ser., Lr.No. 130916/E-3-A/64, Dt. 17-12-64.
Order:--
According to Note (2) (v) under Executive Instruction 7 regarding casual
leave contained in Annexure VII to F.Rs. when a Government servant undergoes
sterilization operation (Vasectomy or Salpingectomy) under the Family Planning
Scheme is entitled Special Casual Leave not exceeding six working days. In this
connection certain points have been raised. Government have considered these
points and clarify as follows :
Points |
Clarification's |
(1)
Whether it is the intention that the Special Casual Leave in this regard
should commence only from the day of the operation or it may be sanctioned
irrespective of the date of operation. |
The
Special Casual Leave should commence from the date of operation. |
(2)
Whether any No. of holidays (pubic or optional) intercepting prefixing and
suffixing the six working days may be sanctioned without any limit for the
maximum total period of absence (i.e., 6 working days and holidays). |
There is
no objection to any number of holidays (public or optional) being allowed to
be prefixed and affixed to Spl. Casual Leave. |
(3)
Whether Special Casual Leave can be combined with Ordinary Casual Leave
(since it is mentioned in Instruction 8 specifically that Casual Leave cannot
ordinarily be taken in combination with any leave recognised by Leave Rules,
with jointing time or with vacation). |
The
Special Casual Leave she aid not be combined with Ordinary Casual Leave or
with any other leave or joining time or vacation. |
(4)
Whether the Special Casual Leave this regard can be sanctioned to a
Government servant for any No. of times when the operation is repeated. |
As a
person has to undergo in Sterilisation Operation only once, the question of
grant of Special Casual Leave more than once does not arise. |
(5)
Whether it is necessary to insist on production of a certificate form the
Medical Officer to the effect of once having undergone the operation. |
Yes. |
Leave grant of Special Casual Leave to the
Government servant on account of presence of infectious diseases -
Clarification - Issued.
[U.O. Note No. 82809/37/11/-FRI/64-2, Fin. (F.R.I.) Dept., 3-4-1965]
Ref.:-
(1)
From the
Director of Public Health, L.Dis No. 10293/Eli/65-1, Dt. 12-2-1965.
(2)
From the
Director of Medical Services, L.Dis.No. 15518/E.3-A/65, Dt. 20-2-1965.
Order:-
As per Executive Instruction 7(a)(ii) regarding Special Casual Leave the
Head of an Office can order a Government servant to absent himself from duty on
the certificate of a medical officer on account of the presence of infectious
diseases in his house and may grant Special Casual Leave not exceeding 21 days
ordinarily and up to 30 days in exceptional cases. A doubt has arisen whether
the grant of this Special Casual Leave is necessary even when the patient is
admitted into a Government Hospital for treatment as the Government servant
will no longer be in contact with the persons affected by the infectious
disease. Government have examined the issue carefully and clarify that the
grant of Special Casual Leave to the Government servant is necessary on the following
technical grounds :
(1)
even though
the patient is admitted in the Hospital, the Government servant will be
attending on the patient in Hospital and is thus exposed to infection. He is
likely to contract the disease from the patient and communicate the same to
other; and
(2)
before the
patient has been admitted to Hospital all the household contracts must have
been exposed to the risk of infection during incubation period of disease.
[***]
Grant of Earned/Privilege leave - Instructions - Issued.
[Memo. No. 16808/695/F.R. I/65-I, Fin., Dept., Dt. 12-5-1965]
Ref. :-
From the G.A. (Ser-F) Dept., U.O. No. 340/65-1, Dt. 4-3-1965.
Order :-
The Government Memo. No. 1925-Poll-B/95-33, G.A. (Poll-B) Department,
Dt. 7-1-1960 orders have been issued directing the privilege/ earned leave
should be granted to all Govt. servants if applied for sufficiently in advance
and that such leave should not normally be refused unless leave arrangements
are impracticable. It has been represented that there are several cases where leave
applied for is either not granted or granted belatedly and that although there
are instructions of Government to the effect that the employees should be
encouraged to proceed on leave periodically, experience has shown that this
sound principle is not being observed in practice.
Government have considered the matter carefully and direct that although
leave cannot be claimed as a matter of right and it is open to the competent
authority either to grant or refuse the leave applied for in the exigencies of
public service, yet as refusal of leave will be hardship to the employees who
require leave either for relaxation or passing domestic affairs or in cases
where leave to the maximum extent permissible is accumulated to the exclusion
of further accumulation under the rules. Leave should not normally be refused
unless such refusal is absolutely necessary in the exigencies of service which
should be recorded.
[***]
Settlement of leave terms in respect of Government employees transferred
to an autonomous organisation consequent on the conversion of a Govt. Office/
Department into an autonomous body.
[Memo. No. 70705/896-F.R. 1/65-2. Fin. (F.R.I.) Dept., Dt. 3-5-1966]
Ref. :-
From G.I., M.F., O.M. No.F. 1 (13) F/IV/A/61, Dt. 29-9-1965.
Order :-
1.
In the Office
Memorandum cited, the Government of India have decided, that all Government
servants whether permanent, quasi-permanent, or temporary who are transferred
to an autonomous organisation consequent on the conversion of Government
Office/Department into such a body will be treated as if they had continued to
be Government servants and allowed to carry forward the leave at their credit
on the date of their permanent transfer, that the Government would be liable
for the leave salary in respect of the leave to be carried forward, that the
liability would be discharged by the payment of a lumpsum amount by the
Government to the autonomous organisation concerned, determined at the time of
conversion keeping in view the number of employees, their salaries and the amount
and kind of leave carried forward and that the Company would thus be free to
meet future commitments in respect of such leave when the employees avail of
the carried forward leave.
2.
The question
of adopting a similar procedure in respect of employees of this State has been
examined in detail. The Government after careful consideration direct the
Government employees of this State whether permanent or temporary who are
transferred to an autonomous organisation consequent on the conversion of a
Government Office/Department into such a body and taken over by the
organisation should be treated as Government servants and allowed to carry
forward the leave at their credit on the date of their permanent transfer.
Government will be liable for the leave salary in respect of the leave carried
forward. This liability will, however be discharged by Government by way of
reimbursement on an annual basis to the organisation when the employee takes
leave from the quantum of leave carried forward and after the leave salary has
been paid to the individual by the organisation in the first instance.
[***]
Refused Leave-Sanction of - Instructions - Issued.
[G.O.Ms.No. 104, Finance (FR-I) Department, Dt. 24-5-1967]
Ref.:-
(1)
G.O.Ms.No.
161. Fin., Dt. 21-2-1963.
(2)
From G.I.,
M.F., New Delhi, O.No. F. 5(2)-E-IV (A)/66. Dt. 21-4-1966.
Order:-
1.
Under F.R.
86 and other corresponding rules, all leave at the credit of a Government
servant lapses on his attaining the age of compulsory retirement. These rules
however, provide for the grant of leave beyond such date, if the Government
servant concerned has in sufficient time formally applied for leave due as
preparatory to retirement and the same has been refused, or if he has
ascertained in writing from the sanctioning authority that such leave if
applied for would not be granted, the grounds of refusal being the requirements
of public service. In the G.O. first cited, orders were issued that
applications for grant of leave preparatory to retirement should be submitted
two months in advance of the date from which the Government servant desires to
proceed on leave, to enable the Government to decide whether to grant him leave
due preparatory to retirement or to refuse the leave under F.R. 86/ H.C.S.R.
445 read with the corresponding provisions of the other leave rules. If the
Government servant fails to apply for leave preparatory to retirement two
months in advance of the date from which he has to proceed on such leave the
period falling short of the required period of two months reckoned from the
date of application will be deducted from the quantum of leave due as leave
preparatory to retirement and he will be granted/refused only the balance of
leave after so deducting the period that falls short of two months. The maximum
limit up to which leave can be refused is six months in the case of persons governed
by the F.Rs. 120 days in the case of persons governed by the Andhra Pradesh
Leave Rules, 1933 and 180 days in the case of persons governed by Hyderabad Old
Leave Rules, Revised Leave Rules, 1947 and Revised Leave Rules. 1952. This
position holds good even if a Government servant is granted extension of
service. The leave earned during the period of extension has also to be
similarly refused if it is to be enjoyed after the expiry of the extension
period.
2.
The
concession of refused leave is however admissible in exceptional cases where
the individual cannot be spared to avail of the leave and has to be kept in
service to enable him to work in the public interest.
3.
Cases have
come to notice where the requirement of the rules were not strictly complied
with while refusing leave resulting in subsequent requests to Government in the
Finance Department for relaxation of rules to avoid hardship to the individuals
concerned. All the Departments of Secretariat and all Heads of Departments are
therefore requested to keep the requirements of the rules in view while
considering the question of refusing leave in individual cases. They may also
ensure that the concession is allowed sparingly where the interest of public
service really justify such refusal.
[***]
Procedure regarding grant of leave and disbursement of leave salary to
State Government servants and employees of Statutory Bodies, Commercial
concerns of Semi-Government Organisations transferred temporarily to service
under the State Government - Instructions - Issued.
[G.O.Ms.No. 121, Finance, (F.R.) Department. Dt. 20-6-1967]
Ref:-
(1)
From the
Govt. of India, Ministry of Finance, (Dept. of Expdr.), New Delhi, Memo. No.
F.7(31)-Estt. IV 58, Dt. 22-9-1958 communicated in the Lr.No. G/Genl. 444/445,
Dt. 19-2-1965 of A.G., A.P., Hyderabad.
(2)
From the
Govt., of India, Ministry of Finance, (Dept. of Expdr.), O.M. No. F. 16/(8)- D.
IV (A)/65, Dt. 7-7-1965.
(3)
From the
Accountant-General, A.P., Hyderabad No, GI/-Genl./ 271, Dt. 25-2-1966,
communicating copies of references first cited.
Order:-
1.
The
Government of India in their office Memorandum first and second cited have
issued instructions laying down the procedure regarding the grant of leave and
disbursement of leave salary to State Government servants and employees of
Statutory Bodies, Commercial Concerns or Semi Government Organisations
transferred temporarily to service under the Central Government. The Accountant
Gen. in his Lr.No. GI/Genl./444, Dt. 19-2-1965 has stated that the Comptroller
and Auditor General has suggested that procedure followed in the case of the
State Government servants on deputations to Central Government and under the
Audit Control of the Accountant General, Central Revenues, as envisaged in the
Government of India Office Memorandum first cited may also be adopted in case
of where the Services of Officers of other Govts. and Employees of any
Statutory Bodies. Commercial Concerns or Semi-Government Organisations are lent
to the State Government.
2.
The
Government after careful examination of the above proposals of the Accountant
General have decided to adopt the instructions issued by the Government of
India in their Office Memorandum first and second cited. The Following
instructions are accordingly issued laying the procedure to be adopted in the
matter of grant of leave and disbursement of leave salary to Officers of the
State Governments and Employees of Statutory Bodies, Commercial Concerns or
Semi-Government Organisations transferred temporarily to service under the
State Government-
(i)
If such a
Government servant applies for leave during the period of his temporary service
under the State Government the leave will be sanctioned to him by the
appropriate authority under the State Government, who would be competent to
grant him leave.
In the case of Gazetted Government Servant, leave should be sanctioned
only after its admissibility has been certified to by the Accountant-General
who audits his pay bill. For this purpose the Government servant should submit
his application for leave, in duplicate, to such State Audit Officer who after
duly recording the necessary certificate on the application, will return one
copy of it to the Government servant concerned direct and the other to the
Audit Officer of State where his services are lent, indicating at the same time
the lines, on which the leave salary is to be calculated and also furnishing
simultaneously the necessary particulars, if such particulars have not been
furnished already in accordance with relevant provisions about pay, etc., drawn
by the Government servant which may be available in the Office and which may be
necessary for the latter Audit Officer to know for the calculation of leave
salary. On receipt of the duplicate copy of the application for leave the
latter Audit Officer will calculate the leave salary admissible and issue the
Leave Salary Certificate to the Government servants direct in the usual manner.
In the case of Non-Gazetted Government servant the authority, competent
to sanction leave may get certificate of admissibility of leave under the
concerned State Leave Rules, where necessary, from the Lending Office, under
the State Government concerned.
(ii)
The payment
of leave salary in respect of the leave granted by the State Government will,
in the case of a Gazetted Government servant, be authorised through the
Treasury, while in the case of a non-Gazetted Government servant, payment shall
be made by the borrowing Department or Office concerned.
In the case of a Government servant subject to Fundamental Rules the
leave salary shall be allocated in accordance with the Rules 1-8 of Section II
of Part B of Appendix 3 to the Accounts Code. Vol-I, while in the case of a
Government servant subject tot he Revised Leave Rules of the State Government
the leave salary in respect of earned leave will be debited to the State
Government concerned in accordance with the provision of Rule 9 ibid.
(iii)
If a
Government servant applies for leave preparatory to retirement and it is
proposed to refuse such leave on the grounds of exigencies of public service under
F.R. 86 or the State Rules corresponding to Rule 7 of the Revised Leave Rules,
1933, State Government concerned should invariably be consulted before leave
preparatory to retirement is refused to any of their employees on deputation
with State on the grounds of exigencies of public service. If the State
Government do not agree to the refusal of such leave or refuse to bear the
extra pensionary liability leave preparatory to retirement applied for and
concurrently to re-employ the Government servant concerned in his existing
post, under the provisions of F.R. 69. The leave salary of such a Government
servant shall be subject to such restrictions as the State Government concerned
may impose.
(iv)
[If a
Government servant of another State or Central Government applies for leave at
the expiry of the period of his employment under the State Government and he
actually resume duty under the Central Government or another State Government,
the State Government should decide whether leave should be sanctioned. If leave
is granted, reversion to the Central or another State Government of the officer
concerned, will take effect from the date of expiry of leave, and formal orders
/notification sanctioning leave will be issued by the State Government. It will
however, be desirable to keep the Central or the concerned State Govt. informed
so that it may make arrangements for the posting of the officer at the expiry
of the leave granted to him by the State Government]. [G.O.Ms.No. 119, Fin.
(F.R.I.), Dt. 1-5-1968]
3.
In cases where
the services of the employees of any Statutory Bodies, Commercial concerns or
Semi-Government Organisations are lent to the State Government on terms which
includes the pay of leave salary contributions the leave applied for by such an
employee for period not exceeding 4 months during employment, under the State
Government, will be sanctioned by the Government after ascertaining the
admissibility of leave from the Statutory Body etc., concerned. If such
employee applies for leave at the end of the period of his employment under the
Statutory Body etc., the leave will be sanctioned by the Statutory Body
concerned. A copy of the order sanctioning leave to an employee of Gazetted
status whether by the Government or by the Statutory Body etc., should invariably
be endorsed to the Accounts Officer concerned A copy of the orders sanctioning
leave to an employee of non Gazetted status by the Statutory Body etc., should
however be endorsed to the Office in which he was employed. The liability in
respect of Leave Salary and Compensatory Allowance payable to the Government
servant concerned in respect of leave granted both during at or the end of
employment under Government should be discharged in accordance with the terms
of transfer to Government servant concerned.
[***]
Retrenched employees - Retirement of Government Servants on completion
of 25/30 years of qualifying service - Leave preparatory to retirement -
instructions - Issued.
[G.O.Ms.No. 6. Finance (F.R.I.) Department. Dt. 12-1-1968]
Ref. :-
1.
G.O.Ms.No. (P)
No. 426, (G.A.D.)., Dt. 12-5-1967.
2.
From Hyd.,
N.G.O's Central Union, Representation, Dt. 23-1-1967.
Order:-
1.
The
Hyderabad Non-Gazetted Officers' Central Union, among other things made the
request that Government Servants who are finally decided for being retired on
completion of 25/30 years of qualifying service in pursuance of the G.O. 1st
cited should be allowed to avail all such leave as may be at their credit in
combination (in relaxation of rules, if necessary) before such retirement or to
commute such leave if they so desire.
2.
The above
request has been examined in the light of rules. The note under F.R. 81 (d)
permits grant of leave preparatory to retirement only and not other kinds of
leave. The Government therefore order that Government employees referred to in
para 1 above should be granted L.P.R. subject to the condition of eligibility
and that the period be limited to the extent allowed under the relevant leave
rules. In such cases where leave preparatory to retirement (L.P.R.) is granted,
the compulsory retirement should be given effect on the termination of the
leave provided that the grant of such leave should not be taken by any
Government servant beyond the date of superannuation.
3.
All the
Departments of Secretariat and the Heads of Departments are requested to take
action accordingly.
[***]
Compulsory wait for orders of posting in respect of Government servants
on return from leave or after relief from a station -Delay in issue of posting
orders and incurring unnecessary expenditure - Avoidance of - Further
instructions - Issued.
[G.O.Ms.No. 13, Finance, (F.R.I.) Department, Dt. 22-1-1968].
Ref. :-
1.
G.O.Ms.No.
618, (F.R.), Dt. 28-12-1963.
2.
G.O.Ms.No.
311, Fin. (F.R.), Dt. 7-12-1965.
3.
Para 33 of
the Audit Report 1-9-66.
Order:-
1.
In the G.O. 1st
cited instructions were issued to take advance action of at least by 10 days
for submitting proposals for posting orders of those Government Servants who
return from leave or from deputation etc. It has also been stated in the G.O.
that if the instructions are not followed, action will be taken against the
persons responsible to recover the unnecessary expenditure caused to Government
by way of treating the period of compulsory waiting of Government Servants
concerned either as duty or extension of joining time. Subsequently in the G.O.
2nd cited, while inviting attention to the instructions issued in G.O.Ms.No.
618 (Finance), Dt. 28-12-1963, it was reiterated that the above orders should
be followed scrupulously and any laxity on the part of Government servants will
be taken serious notice of and dealt with as Government may deem fit.
2.
In spite of
the above instructions several cases of delay in issue of posting orders are
being forwarded to Government for regularisation. In this connection, the
Accountant General, Andhra Pradesh, Hyderabad included a para in the Audit
Report, 1966, commenting on the subject. In the circumstances the matter has
been re-examined. The Government therefore have decided to issue the following
further instructions for strict compliance :-
(a)
The
Departments of Secretariat and the Heads of Departments concerned should
invariably deal with all cases of posting orders and transfers on Top Priority
basis after verifying the position in respect of the date from which the post
or posts are available for posting or the date from which an officer has
actually availed himself of the leave etc. The particulars will have to be
verified from the records available and the C.T.Cs. copies of which should be
sent by the concerned officer in a name cover to the officer incharge of
Establishment matters of the concerned Departments.
(b)
P.As. to the
Heads of Departments and Secretaries to Government and Private Secretaries to
Ministers should ensure that such files are placed before the officers/Ministers
immediately on receipt and obtain orders and return them to the Sections also
without delays.
(c)
All posting
orders shall be issued by Express Delivery. If they could not be sent at least
3 days in advance, due to some delay or other, they shall be issued by
Telegrams followed by post copies, and relevant copies of orders etc.
(d)
All the
Heads of Departments and Subordinate Officers should not make officers wait for
postings simply for retaining an officer at a particular place for finalising
the disputed cases involving question of eligibility of promotion, seniority
etc.
3.
Unnecessary
delays in issuing posting orders may be avoided, if officer at all levels take
some interest in the matter. In the circumstances all the Departments of
Secretariat and the Heads of Departments are requested to ensure that the above
instructions are followed scrupulously. If they still do not take prompt action
in the matter, disciplinary action shall be taken against those officers who
are responsible in delaying posting orders besides recovery of unnecessary
expenditure caused to Government from the defaulting officers as already
stipulated.
[***]
Secondary Education - Aided Schools - Leave Rules -Communicated.
[Proc. of the Dir. of P.L., A.P., Hyd., Re. No. 1549-D/1-68, Dt.
1-3-1968]
Order :-
The D.E.Os. in the State are informed that the A.P. Leave Rules of 1933
are applicable to all the members of the staff (both teaching and non-teaching
staff employed in the aided Institutions with effect from the school year
1966-67).
The D.E.Os. may also inform the managements that with reference to the
work load to be turned out during summer vacation should be restricted to 2
including one attendee.
[***]
Procedure regarding grant of leave and disbursement of Leave Salary to
State Government Servants and Employees of Statutory Bodies Commercial Concerns
or semi-Government Organisations transferred temporarily to service under the
Central Government/ Other State Government -Instructions - Issued.
[Cir. Memo. No. 3813/90/F.R.I./68-2. Fin. Dept., Dt. 25-6-1968]
Ref. :-
(1)
G.O.Ms.No.
121. Finance (F.R.I.) Department. Dt. 26-6-1967.
(2)
From A.G.,
A.P., Letter No. GAD. 1/Gen. 1/2, Dt. 17-1-1968.
Order:-
Instructions regarding the grant of leave and disbursement of leave
salary to State Government servants transferred temporarily to service under
Central or any other State Government have been issued in the G.O. 1st cited. A
question has been raised about the authority who should report on the title to
leave inrespect of Non-gazetted Slate Government servants on deputation against
a gazetted post under the Central or any other State Government. The matter has
been examined and it is felt that the Accountant-General of the borrowing
Government, who audits the pay of these officers, may not be in a position to
report correctly the title to leave, as the leave is to be regularised under
the State Leave Rules. Hence the following procedure is prescribed to be
followed by the concerned authorities.
(1)
As and when
a Non/gazetted Government servant of the State is transferred as Gazetted
Officer temporarily for service under the Central Government or under any other
State Government a copy of the Government orders deputing the Government
servant should invariably be sent to the Accountant-General, Andhra Pradesh.
(2)
The Head of
the Office from which the Government servant is deputed, shall send the
service-register and leave account of the Government servant to the
Accountant-General. Andhra Pradesh, with all the entries in the leave account
brought up to date of relief.
(3)
As and when
leave is applied for, the Government servant in the usual manner, the leave
eligibility will be furnished by the Accountant General, Andhra Pradesh to the
audit officer who audits the pay of the officer.
(4)
After final
cessation of duties on deputation and on receipt of intimation from the Audit
Officer concerned the leave account for the gazetted service will be completed
by the Accountant-General, A.P. and the Service Register sent to the Head of
Office to which he is posted on reversion. If however, the Government servant
on reversion is posted as Gazetted Officer in the State Government, then the
leave account will continue to be maintained by the Accountant-General, Andhra
Pradesh.
[***]
Leave earned by a Government Servant during emergency service -
Availment of - Clarification - Regarding.
[Memo. No. 409204/1120/FRI/68-I/a/Fin. Dept., Dt. 3-9-1968]
Ref.:-
From the Legislature Dept. U.O. Note No. 1521/68-1, Dt. 14-6-1968.
Order:-
The Legislature Department in their U.O. Note Cited raised a point for
clarification as to whether or not leave earned by a Government Servant during
emergency service in one Department can be availed of by him after his regular
appointment in another Department, when there is no break of service in
appointment.
The above point has been examined in consultation with the General
Administration Department and it has been decided that the earned leave on full
average pay during emergency service be carried forward consequent on absorption
on regular basis without break, subject to the condition that the employee
should have put in at least one year of emergency service and the particulars
of leave earned and availed of by him during the period are susceptible of
verification from the entries in the Service Record.
[***]
Leave - Maternity leave to women working in P. Samithis and
Zilla parishads - Certain Clarifications - Issued.
[Memo. No. 5097/Estt. 11/68-2, Plg & P.R. Dept., Dt. 20-11-1968]
Ref. :-
1.
Memo. No.
7690/Est. 111/63-2, Dt. 29-1-1964.
2.
From the
Chairman, Z.P. Ananthapur, Ref. D.O. 4412093/87, Dt 16-9-68.
Order:-
In the memo cited certain instructions were issued for the sanction of
Maternity Leave to women employees working in P. Samithis and Z.Ps. The
Chairman, Z.P., Ananthapur has sought some clarifications on those
instructions. The entire matter has been reviewed and the rule position
regarding the sanction of maternity leave to women employees working in P.
Samithis and Z.P. is clarified as detailed below :
1.
Maternity
Leave on full average pay to an extent of two moths may be granted to permanent
or approved probationer women employees working in P. Samithis and Z.Ps.
2.
Regular
women employees should take for maternity purpose the ordinary leave on average
pay for which they may be eligible. If however, they are not eligible, for any
leave on average pay or if the leave to their credit is less than two months,
maternity leave may be granted for a period not exceeding two months or for the
period that falls short of two moths as the case may be.
3.
Temporary
and emergency women employees may also be granted Maternity Leave as in (2)
above provided they would continue in service but for their Maternity leave.
[***]
Statements of Govt. Servants governed by A.P. Leave Rules 1933/ Revised
Leave Rules of 1952 of H.C.S.Rs., Vol. II deputed to other Govts./Departments -
Leave Salary contribution -Instructions - Issued.
[Cir. Memo. No. 1073/13/FR-69-I, Fin. Dept., Dt. 12-2-1969]
Ref. :-
From A.G., A.P., Lr.No. PA. IV/Dept. IV/Gen 1/68/69/591. Dt. 2-1-1969.
Order:-
The reference of the Accountant-General cited is herewith communicated
to all the Departments of Secretariat and Heads of Departments for immediate
compliance.
Copy of Letter No. P.A. IV/Dept. IV/Gen/68-69/591, Dt. 2-1-1969 from
A.G., A.P., addressed to the Secretary to Govt. of A.P., Fin., A.P., Hyd.
Sub :-
Statements of Govt. Servants governed by Revised Leave Rules -deputed to
other Govt./Department - Non-receipt of.
I am to state that in respect of leave salary contributions payable by
borrowing Governments, one of the important functions of this office is to
adjust the leave salary contributions to the borrowing Govt. by contra-credit
to the lending Government through the exchange of Settlement Account as the case
may be in respect of all Government servants governed by Revised Leave Rules,
1933.
For this purpose all the Heads of Departments have to furnish statements
of Govt. Servants who are deputed to other Govts./Depts. every month so as to
reach this office by the 20th of each month so as to check, whether, all the
cases of deputations have been pursued or not.
The statements have not been regularly received in the past, with the
result that no appreciable progress could be achieved in the adjustment of
leave salary contribution of Government servants who are deputed to other
Governments/ Departments. All the Heads of Departments may kindly be requested
to send statements showing the names of Govt. servants who are deputed to other
Government Departments (both Gazetted and non-Gazetted) to this office
regularly on a monthly basis together with the following information in respect
of each Govt. servant so deputed..
1.
Name of
Government Servant.
2.
Designation
and Dept. working at the time of deputation.
3.
Name of Govt.
to whom deputed.
4.
Date of
relief in parent department.
5.
Date of
taking charge in other Govt./Department.
6.
Pay he would
have drawn but for his deputation in the parent department during the period of
deputation.
7.
Pay and
Allowances drawn in other Government.
8.
Date of
relief in other Govt./Dept.
9.
Date of
joining in parent department.
10.
Leave spells
taken during the period of deputation.
11.
All the
Heads of Departments may kindly be reminded to supply the information regularly
every month in future so as to reach this office by 20th of each month.
[***]
Leave Rules -- Accumulation
and availment of Privilege/Earned Leave by Last Grade Government Servant --
Orders Issued.
[G.O.Ms.No. 181. Finance (F.R.I.E.L.) Department, Dt. 16-7-1973]
Order:--
1. ???Government
have had under consideration for some time past the question of liberalizing
the leave facilities available for the Class IV employees at present and issue
the following orders :
(i)
Earned Leave
shall accrue at the rate of the period spent on duty in the case of Government
employees belonging to Last Grade Service whose service has been regularised
(i.e.) probationers and approved probationers and who have put in 15 years of
service. The maximum accumulation of earned leave will be 180 days out of the
120 days can be availed of at any time.
(ii)
Other Last
Grade Government Servants who have put in less than 15 years of service shall
continue to earn leave at the rate of only 1 /22nd of the period spent in duty
as at present. There shall also be no change in the existing provisions
regarding limits for accumulation of leave or availment of leave at a time, in
respect of these employees.
(iii)
if a regular
Government servant in the last grade service (i.e.,) probationer or approved
probationer, is in a vacation department, his earned leave shall be reduced by
15 days for each year of duty in which he has availed himself of the vacation.
If however, he has availed for only a part of the vacation in any year, the
period of which the earned leave shall be reduced shall be a fraction of 15
days equal to the preparation which the part of the vacation taken bears to the
full period of the vacation.
2. ???The
above orders will apply to the Government servants in last grade governed by
Andhra Pradesh Leave Rules, 1933 and Three Sets of Leave Rules contained in
Hyderabad Civil Service Rules.
3. ????Necessary
amendments to Andhra Pradesh Leave Rules, 1933 and Hyderabad Civil Services
Rules will be issued in due course.
[***]
Secondary Education -- Zilla Parishad, Srikakulam -- Andhra Pradesh
Leave Rules, 1933 --Clarification on certain points regarding granting leave to
teachers working in various departments -- Regarding.
[Memo.No. 3612/G2/71-16. Ed. (G) Dept., Dt. 19-2-1997]
Ref:--
1.
From the
Secretary, Zilla Parishad, Srikakulam, Letter Re.No. 13563/70/D1, Dt.
12-12-1970.
2.
From the
Addl. Examiner of F. & P.R. Accounts, Hyderabad, Lr. Roc. No.
4532/H2/72-73. Dt. 9-8-1973.
3.
From the
Director of Public Instruction. Hyderabad Lr. Roc. No. 10614/V4/71, Dt.
15-3-1974.
Order:--
The Secretary, Zilla Parishad, Srikakulam in his letter 1st cited has
raised the following points for clarification regarding the granting of leave
to teachers working in Zilla Parishads :
1.
I presume
all the Teachers working in Aided Elementary Schools who were taken over by
Zilla Parishad with effect from 1-10-1959 are permanent teachers and they are
eligible for Earned Leave at the rate of 1/11th, 1/12th of the period spent on
duty and the leave earned by them prior to the date of taking over should also
be taken to account. Is my presumption correct ?
2.
Are the
teachers who are continuing on extension of service from 55 years to 60 years
eligible for earned leave at the rate of 1/22-15 days or 1/11th, 1/12th of the
period of spent on duty ? Are they eligible for half pay leave if so to what
extent and at a time? Or have they to be granted extraordinary leave ?
3.
There are
certain temporary teachers (DSO candidates) who have put in 4 to 5 years of
service or even more. These teachers' services have not been regularised for
want of antecedents verification but they have put in prescribed period of
service required for probation. In such a case, are they eligible for earned
leave at the rate of 1 /22-15 days, per year if so to what extent and at a time
? Are they eligible for half pay leave if so to what extent and at a time ? Or
have they to be granted extraordinary leave upto 6 months.
4.
Probationers
are eligible for earned leave at the rate of 1 /11th, 1 /12th of the period
spent on duty with effect from 1-1-1963.1 presume teachers whose services are
regularised with effect from 1-1-1963 and whose probation is not declared even
after putting the prescribing period of service of 2 years come under the above
category. Are they eligible for half pay leave if so to what extent at a time ?
Can half pay leave be granted with reference to the period of service put in by
teachers.
5.
Recasting of
leave arise either on confirmation or after completion of 5 years of service by
the approved probationers. In such a case, with effect from 1-1-1963, are the
approved probationers eligible for recasting leave from the beginning of
service without changing the leave already earned to their credit. Is it
necessary to recast leave in such cases prior to that date also ?
6.
In respect
of secondary grade teachers who are working in Panchayat Samithis Elementary
Schools whose probation has already been declared in Elementary Unit, I presume
probation need not be declared again in Secondary Unit when they are
transferred of High Schools. In such cases earned leave has to calculated from
the date of declaration in Elementary Unit.
7.
Are the
approved probationers eligible for commuted leave on full pay with the Medical
Certificate or on private affairs, as "Permanent Government Services"
were only given the benefit of G.O.Ms.No. 300, Dt. 18-11-1965. No restriction
has been specified in the above G.O. while granting leave at a time in
continuation of earned leave half pay leave on private affairs or on Medical
Certificate (Commuted leave) ? The maximum accumulation of commuted leave
during the entire service is 180 days. I presume it is in terms of full pay and
this restriction also applies in respect of half pay on private affairs.
8.
"Half
Pay Leave" is admissible to a Government servant in permanent employment
in Superior Service for each completed year of service is 20 days. Is there no
restriction for its accumulation ? Similarly no restriction is also placed
while granting leave at a time ?
9.
I presume
"Dasara Holiday" will not come under vacation as the period of recess
is less than 15 days as such permission cannot be granted to teachers working
in vacation Department to prefix or suffix Dasara recess to earned leave or
half pay leave.
10.
It is
necessary to calculate average pay if the period of earned leave applied for is
less than 1 month in respect of Non-gazetted Officers coming under A.P.L. Rs.
whose basic pay does not exceed Rs.300/- per month (both teachers working in
vacation Department and Ministerial Staff) under F.R. 87-B. Such a concession
is admissible. The clarification now sought is whether this benefit is
admissible to employee coming under A.P.L.R.s.
11.
2. The
matter has been examined in consultation with the Director of Public
Instruction and the Additional Examiner of Local Fund and Panchayat Raj
Accounts, Hyderabad. Government after careful consideration clarify the points
raised by him item wise as detailed below:--
Point 1 :--
The presumption is not correct. The Government ordered while taking over
the aided schools from time to time that the status of the teachers of taken
over school will be the status which the teacher was having on the date of the
issue of orders taking over the schools. Hence it cannot be presumed that all
the teachers of taken over schools are permanent teachers. They earn leave as
per rules according to their status. The leave at the credit of the teacher on
the date of taking over school lapses. Fresh leave has to be earned from the
date of taking over of the school vide orders issued in Govt. Memo. No. 4697/Edn./
12-60. Dt. 1-2-1961.
Point 2 :--
The leave at credit of employee in his/her leave accounts shall lapse on
the date of compulsory retirement according to Rule 86(a) of F.R. and as
further clarified in Govt. Memo.No. 498.HI/69-14, Edn., Dt. 17-10-1970, hence
teachers who are under extension of service beyond 55 years, with reference to
orders issued in Govt. Memo No. 6573/HI/68-2, Edn., Dt. 8-11-1968 are not
eligible to bring forward the balance of leave (Earned Leave or Half Pay Leave)
at their credit.
Point 3 :--
The leave to temporary teachers whose services are not regularised has
to be regulated under Note to Rule 20 of Andhra Pradesh Leave Rules, 1933 as
amended in G.O.Ms.No. 249, Finance, Dt. 13-12-1967 and they are not eligible
for half pay leave as per circular Memo No. 20584/30/FRI/74-4 Dt. 12-9-1974.
Point 4:--
Half pay leave to such teachers may be regulated as per Rule 23(a)(i) as
amended in G.O.Ms.No. 134, Finance, Dt. 1-6-1968 and circular Memo.No. 2058,
Finance, Dt. 12-9-1974.
Point 5:--
Their account may be recast as per the clarification issued in
G.O.Ms.No. 211, Finance (FR) Dt. 16-6-1964.
Point 6:--
Attention is invited to Rule 23(a)(i) as amended in G.O.Ms.No. 143,
Finance, Dt. 1-6-1968. Leave may be regulated accordingly.
Point 7:--
Attention is invited to Rule 20(a) (i) of Andhra Pradesh Leave Rules,
1933 as amended. Leave may be regulated accordingly.
Point 8:--
No restrictions are imposed on earning the half pay leave. Attention is
invited to Rule 12 of Andhra Pradesh Leave Rules, 1933 as amended in G.O.Ms.No.
44, Finance, Dt. 18-2-1964 regarding availing half pay leave.
Point 9:--
Regarding the definition of the term vacation attention is invited to
Subsidiary Rule F.R. 82(a). Regarding permission to prefix and suffix holidays
and vacation to leave, attention is invited to the Subsidiary Rules 1 to 5 and
Rulings 1 to 6 issued F.R. 68. Action may be taken accordingly.
Point 10:--
Attention is invited to the proviso under Rule 4(d)(i)(b) of A.P. Leave
Rules, 1933 as amended in G.O.Ms.No. 265 (F.R.I.), Dt. 4-1-1968.
The Secretary, Zilla Parishad, Srikakulam is requested to take necessary
action in the matter accordingly.
Family planning programme -- Extension of Maternity leave to a family of
Govt. employees who undergo medical termination of pregnancy -- Orders --
Issued.
Ref:--
1.
From G.I.,
letter No. 37026/5/76, Ply., Dt. 31-5-1976.
2.
From the
D.H.M.S. Letter No. 103524/MTP/76, Dt. 21-6-1976.
Order:--
1.
The
Government of India in their letter 1st read above have informed that the provision
of grant of Maternity leave has been extended to cases of abortions induced
under M.T.P. Act, 1971.
2.
The
Government have examined the question of issuing similar orders in the case of
State Government employees and direct that the abortion induced under the
M.T.P. Act, 1971 be also considered as a case of abortion for the purpose of
granting Maternity leave to a family Government servant subject to the
following conditions :--
1.
The leave
does not exceed six weeks, and
2.
The
application for leave is supported by a certificate issued by the doctor, who
has performed the Medical termination of pregnance.
3.
The above
orders will not however, be made applicable to the past cases, which have been
decided otherwise.
[***]
Special Casual Leave to Blood Donors.
[G.O.Ms.No. 137. M&H (EL) Dept., Dt. 23-2-1984]
Ref:--
1.
From the
Directorate General of Health Services, Govt. of India's Lr.No.Z. 20015/6/82,
B.T. Dt. 24-8-1983.
2.
From the DH
& FW Lr.Rc.No. 86762/P1-B/83, Dt. 25-10-1983.
Order:--
1.
The
Government of India, Ministry of Home Affairs have decided that a Government
servant, who donates blood on a working day should be granted special casual
leave for that day and the Director General of Health Services, New Delhi and
the Director of Health and Family Welfare, Hyderabad have recommended to
sanction special casual leave to the Blood donors on the basis of the said
orders issued by the Government of India.
2.
The
Government accordingly direct that "Special Casual Leave" be
sanctioned to all the State Government employees, working in State Government
undertakings and to the staff working in Local Bodies in the State as well as
Corporations in which State Government has its say and interest, for one day
i.e., the day on which the blood is donated by the individual employees,
subject to the condition that a certificate be attached to the leave
application.
[***]
Grant of Regular Leave -- Certain instructions -- Reiterated.
[Cir.Memo.No. 24951/488/A2/OP-1 /Fin., Dt. 30-9-1988]
Ref:--
Cir. Memo.No. 12769-B/245/OP-I/85-1, Fin, Dt. 27-4-1985.
Order:--
In spite of the instructions issued from time to time the staff members
of the Department are applying for Earned/Half-pay Leave/Commuted Leave without
giving full particulars in their leave applications. They are instructed that
any long leave other than Casual Leave/Compensatory Leave should be in the
perform prescribed under Fundamental Rules fully furnishing the details under
columns therein. Applicants for Earned/Half-pay/Commuted Leave shall have to be
submitted at least 10 days in advance to the concerned Joint Secretary/Deputy
Secretary/Assistant Secretary and then forwarded to Finance and Planning
(F.W.O.P.I) Department for sanction along with their recommendations. The Staff
members shall avail the leave only after it is sanctioned by the issue of an
office orders. Those who fail to attend the office before orders are issued on
the presumption that the leave will be sanctioned, will be treated as absent
from duty with all its consequent adversities and they have also to face
disciplinary action.
All applications for leave on medical grounds should be accompanied by a
medical certificate issued by the Competent medical authority. They should also
indicate their leave address in the leave applications. They must submit
medical fitness certificate at the time of joining duty after availing leave on
medical grounds.
Applications for leave on piece-meal basis for short periods cannot be
considered as this results in dislocation of work in the sections. After
availing the leave, they should submit their joining reports to Assistant
Secretary, OP.I without fail.
All the staff members are, therefore, requested to follow the above
instructions scrupulously and invariably failing which disciplinary action will
be initiated again them.
[***]
Earned Leave to the Teaching and Non-teaching Staff working in Schools
-- Number of days of Earned Leave Enhanced --
Orders -- Issued.
[G.O.Ms.No. 317, Edn. (Ser.V) Dept., Dt. 15-9-1994]
Ref.:--
1.
G.O.Ms.No.
345, Edn., DT. 20-11-1989.
2.
High Power
Committee Recommendations Nos. 1-23.
Order:--
1.
Employees in
the Educational Institutions, who avail the summer vacation are eligible for
Earned Leave of five days per annum, subject to the provisions of F.R. 82. The
High Power Committee appointed by the Government has recommended that the
teaching and non-teaching staff working in Educational Institutions, who enjoy
the facility of 5 days Earned Leave per annum will hereafter be made entitled
to 6 days Earned Leave per year.
2.
Government
after careful consideration direct that all Teaching and Non-teaching Staff in
the Educational Institutions who are availing summer vacations and are eligible
for 5 days Earned Leave per annum shall be eligible for 6 days Earned Leave per
annum, subject to the provisions to F.R. 82. The Earned Leave shall be credited
in advance in two installments of 3 days each on First day of January/July of
every year.
3.
These orders
shall come into force with immediate effect.
4.
Necessary
amendments to the F.Rs. Andhra Pradesh Leave Rules, 1933 will be issued by the
Finance and Planning (FW.FR.I) Department.
Simplification and Liberalisation of Leave Rules
A. SIMPLIFICATION OF LEAVE RULES
[G.O.Ms.No. 384, Fin. & Plg. (Fin. Wing-FRI) Dept., Dt. 25-11-1977]
Ref:--
1.
G.O.Ms.No.
186, Fin. & Plg. (Fin Wing-FRI) Dept., Dt. 23-7-1975.
2.
G.O.Ms.No.
208, Fin. &Plg. (Fin Wing-FRI) Dept., Dt. 16-8-1975.
3.
From G.I.,
M.F., O.M.No, 166/E IV(A) 74. Dt. 26-11-1975.
4.
From G.I.,
M.F., O.M.No. 16(1)/E IV(A) 76, Dt. 24-12-1976.
Order:--
1.
As per the
existing leave rules, all regular State Govt. Employees in superior service
working in non-vacation departments are entitled to earn leave at the rate of
1/11th of the period spent on duty. The Govt. of India have simplified the
procedure for calculating entitlement to earned leave of Central Govt.
employees. After due consideration the State Government have decided to adopt
the said procedure for the State Govt. employees also, working in non-vacation
department as below :--
Earned Leave Entitlement :--
(i)
(a) The
account of leave of each regular Govt. employee in superior service should be
credited with 30 days earned leave in two installments. 15 days on the first
January and July every year ;
(b) The account of leave each emergency Govt. employee and each Govt.
employee in inferior service who has put less than 15 years of regular service
and whose earning capacity is 1 /22nd of the period spent on duty should be
credited with 16 days earned leave in two installments; 8 days on the first
January and July every year ;
(ii)
The leave at
the credit of the employee at the close of the previous half-year shall be
carried forward to next half-year subject to the leave so carried forward plus
the credit for that half year not exceeding the maximum limit of 180 days.
(iii)
In respect
of others, the limit of accumulation would be as follows :
(iv)
Last Grade
Govt. servants with less than 15 years of regular service, 50 days :
(v)
Emergency
Govt. servants in inferior/superior service, 30 days ;
(inserted as per G.O.Ms.No. 34, Fin. & Plg. Dt. 27-1-1979)
(vi)
The credit
afforded under clauses (1)(a) & (b) above shall be reduced by 1 / 10th of
the period of extraordinary leave only availed of during the previous half
year, subject to a maximum of 15 days ;
2.
(a) When a
Govt. servant is appointed on or after 1-1-1978 earned leave should be credited
to his leave account at the rate of 2 1/2 days for each completed month of
service which he is likely to render in the calendar half year in which he is
appointed e.g., if he is appointed on 13th March, the number of completed
months of his service in that half-year will be 3 and credit will be 3x5/ 2 15
1/2 days rounded to 8 days ; If he is appointed on 20th April, the number of
completed months will be only 2 and the credit will be 2x5 days.
(b) In respect of an emergency employee in superior service and a last
grade employee having less than 15 years of regular service Earned Leave should
be credited at the rate of one day for each completed month of service for the
first 2 months in quarter and 2 days for the 3rd month and so on for each
completed month of service he is likely to render in the calendar half-year in
which he is appointed.
Example :--If he is appointed on 13th March, the number of completed
month of his service in that half-year will be 3 and credit will be 4 days
i.e., at the rate of one day credit for the first two months and 2 days credit
for the 3rd month. If he is appointed on 20th January, the number of completed
months will be 5 and the credit will be as follows :--
|
Months |
Leave Admissible |
First 2
months |
2x 1 |
2 days |
3rd month |
1x2 |
2 days |
4th &
5th months |
2x 1 |
2 days |
|
Total |
6 days |
3.
The credit
for the half year in which a Govt. servant is due to retire or resigns from the
service, shall be afforded only at the rate of 2 1/2 days per completed month
in that half year upto the date of retirement, resignation. If in the case of a
Govt. Servant who resigns from the service, the leave already availed of is
more than the credit so due to him, necessary adjustment should be made in
respect of leave salary over drawn, if any.
4.
When
affording credit under the above method, fraction of a day will be rounded off
to the nearest day.
5.
From
1-1-1978 while the earned leave shall be credited in advance in the manner
stated above, there will be no change in respect of other kinds of leave. The
entries in respect of such leave shall be made as and when occasion for doing
so arises. In the case of existing Government servants, the old leave account
has to be closed and the credit of leave as on 31-12-1977 will have to be
carried forward to the new leave account. While doing so, fractions of day will
be rounded off to the nearest day.
6.
Intimation
of leave at credit:--
The order sanctioning earned leave/half pay leave to a Government
servant shall hereafter indicate the balance of such leave at his credit.
7.
Government
have also decided to issue the following orders ;
(1)
Limitation
of availment of commuted leave :--
The existing limit of 180 days at a time on availment of commuted leave
in conjunction with earned leave shall be removed.
(2)
Maternity
leave:--
The maternity leave granted to female Government servant shall be for a
period of 90 days of its commencement in all cases.
(3)
Cash
equivalent of leave salary in case of death in service:--
In case of death in service of a Government servant, the cash equivalent
of leave salary in respect of earned leave at credit to be paid to his family
shall be subject to a maximum of 180 days instead of 120 days as at present.
8.
Necessary
amendments to various sets of leave rules will be issued separately.
[***]
B. LIBERALISATION OF LEAVE RULES
Extension of leave benefits available to employees suffering from Tuberculosis
and Leprosy to employees suffering from Cancer etc.-- Orders --Issued.
[G.O.Ms.No. 188, Finance (F.R.I. & L.) Dept., Dt. 30-7-1973]
Order :--
1.
According to
Rule 28(b) of Andhra Pradesh Leave Rules a permanent Government servant in last
grade service on half pay leave for treatment of leprosy or tuberculosis, is
entitled to leave salary equal to his pay for a period of six months in all
subject to the production of a certificate from a medical officer-in-charge of
a recognised leprosy or tuberculosis treatment centre of his having undergone
regular treatment during the period of such leave; if however half pay leave on
medical certificate is combined with earned leave, the total period during
leave-salary equal to pay be drawn should not exceed six months.
2.
The
Government have considered the extension of the provisions of Rule 29(b) of
Andhra Pradesh Leave Rules to the employees, suffering from Cancer, mental
illness etc., which also need similar costly and prolonged treatment and have
accordingly decided to extend the benefit of full leave salary to the permanent
employees of the last grade service suffering from Cancer or Mental illness,
subject to the other conditions laid down in the above rule.
3.
These orders
are also applicable to the employees governed by the three sets of leave rules
contained in Hyderabad Civil Service Rules, Vol. II.
[***]
Rule 20 of the A.P. Leave Rules -- Further liberalisation of -- Orders
-- Issued.
[G.O.Ms.No. 386, Fin. & Plg. (Fin. Wing F.R.I.) Dept., Dt. 6-9-1976]
Ref:--
1.
G.O.Ms.No.
188, Fin. (F.R.I. & L.) Dept., Dt. 30-7-1973.
2.
G.O.Ms.No.
234, Fin. & Plg. (Fin. Wing F.R.I.) Dept., Dt. 29-8-1975.
3.
From the
President, A.P. Secretariat Asscn., Dt. 25-7-1976.
Order:--
1.
Orders
issued in the G.Os. cited provided for the drawal of full pay to the extent of
six months, in lieu of six months half pay leave, if at credit, by Government
servant drawing pay upto Rs.500/- per mensum suffering from
Leprosy/Tuberculosis/Cancer/Mental illness.
2.
In the representation
third cited, it has been requested to extend the facilities to all Government
servants drawing pay upto Rs. 1,000/- P.M.
3.
Government
after careful consideration has decided to extend the said facility to all
regular Government servants who are eligible for half pay leave irrespective of
their pay limit, subject to the other conditions for grant of such leave.
4.
These orders
are also applicable to the Government servants governed by the three sets of
leave rules contained in Hyderabad Civil Services Rules, Volume II.
[***]
Sanction of leave to Government employees suffering from
"Heart-Disease" -- Orders -- Issued.
[G.O.Ms.No. 449, Fin. & Plg. (F.R.I) Dept., Dt. 28-10-1976]
Ref:--
1.
G.O.Ms.No.
188, Fin. (F.R.I. & L.) Dept., Dt. 30-7-1973.
2.
G.O.Ms.No.
234. Fin. & Plg. (Fin. Wing F.R.I.) Dept., Dt. 29-8-1975.
Order:--
1.
Orders were
issued in the G.Os. cited provide for the drawal of full pay to the extend of
six months half pay leave at credit by all regular Government servants
suffering from Leprosy/Tuberculosis/ Cancer and Mental illness irrespective of
their pay limit.
2.
Now a point
has arisen as to whether the above facility may be extended to those who suffer
from Heart Diseases also or not.
3.
Government
after careful examination have decided to extend the said facility to all
regular Government servants who are affected by 'Heart Disease' also, subject
to the other conditions for grant of such leave.
4.
These orders
are also applicable to the Government servants governed by the 3 sets of Leave
Rules contained in Hyderabad Civil Service Rules, Volume II.
[***]
Extraordinary leave -- Execution of Bonds by Government servants --
Further orders -- Issued.
[G.O.Ms.No. 183, Fin. &Plg. (Fin. Wing F.R.I.) Dept., Dt. 21-7-1978]
Ref:--
(1)
G.O.Ms.No.
210, Finance (F.R.I.) Department, Dt. 16-6-1964.
(2)
G.O.Ms.No.
224, Finance (F.R.) Department, Dt. 3-11-1966.
(3)
G.O.Ms.No.
24, Finance (F.R.I) Department, Dt. 1-1-1971.
Order:--
1.
In the G.O.
first read above, the State Government have prescribed the form of the Bond to
be executed by temporary Government servants, who are granted extraordinary
leave for prolonged periods, in relaxation of Rule 23(a)(ii) of the Andhra
Pradesh Leave Rules/Rule 444(b) of the Hyderabad Civil Services Rules, in
continuation of other regular leave, if any, due and admissible, for higher
studies in India or abroad. The G.O. second cited, clarifies that the above
mentioned relaxation of rules is made subject to the condition that but for the
grant of leave the Government servant would have continued to hold a post under
the Government for the duration of the leave, and that they execute a bond as
prescribed above, binding themselves to serve the Government after return from
leave for a period of 2 years (since raised to five years) and in default to
pay a sum of Rs. 2,000/- (since raised to Rs. 16,000/-).
2.
In certain
cases, purely temporary (Emergency) Government servants appointed under Rule
10(a)(i) of the Subordinate Rules have also been granted extraordinary leave
for prosecution of higher studies in relaxation of the relevant rules and bonds
also got executed as described for the purpose. The point has therefore, arisen
whether in respect of such emergency Government servants, there is need to
insist upon the execution of bonds or not.
3.
Under the
existing Leave Rules, Extraordinary Leave for prosecution of higher studies is
not admissible to temporary Government servants working under emergency
provision, and that as per Note under Rule 6-A of the Andhra Pradesh Leave
Rules, such Government servants shall be deemed to have been discharged from
the duty with effect from the date on which they are not entitled to leave.
4.
In view of
the above rule position, the Government have considered over the matter and
hereby order that Government servants working under emergency provisions should
not be granted Extraordinary leave for prosecution of higher studies in
relaxation of relevant leave rules in future. In all those cases, however,
where such sanctions have been accorded in relaxation of the rules and bonds
got executed, the terms of bonds should be strictly enforced.
[***]
Further liberalisation of Leave Rules
[G.O.Ms.No. 186, Fin. & Plg. (FR-I) DT. 23-7-1975]
Order :--
1.
Government
have received representations from various Service Associations for
liberalising the provisions of the State Leave Rules. The representations have
been carefully considered, in the light of the measures introduced by the
Government of India through their O.M.No. 16(2)-E (A) 73, Dt. 9-1-1974.
2.
After
careful consideration of the question, Government approve the following
liberalisation of the existing provisions of the different leave rules by which
the Government servants are governed :--
(i)
The limits
of 180 days of commuted leave, during the entire service according to the existing
rules shall be raised to 240 days. The other terms and conditions for the grant
of this leave shall remain in force as at present.
(ii)
In a case
where a Govt. servant dies while in service, the cash equivalent of the leave
salary that the deceased employee would have got had he gone on P.L./earned
Leave, but for death, due and admissible on the date immediately following the
date of death, subject to a maximum of leave salary of pension and pension
equivalent of other retirement benefits.
(iii)
A Government
servant who proceeds on P.L/Earned Leave from a post the maximum of which in
revised D.A. merged pay scale, does not exceed Rs. 600/- per month shall be
entitled to leave salary equal to the pay drawn immediately before proceeding
on leave.
3.
These orders
shall take effect from 1st June, 1975.
4.
Necessary
amendments to various sets of leave rules will be issued separately.
[***]
Liberalisation of Leave Rules in respect of Govt. servants who die while
in service, etc, -- Further Orders.
[G.O.Ms.No. 208, Fin. & Plg. (F.R.I.) Dt. 16-8-1975]
Order:--
1.
In the
G.O.Ms.No. 186, Fin. & Plg. (F.R.I.) Dept., Dt. 23-7-1975, Government
accorded sanction for the adoption of certain measures liberalising the
provisions of different leave rules applicable to the Government servants of
this State, it has now been decided to further liberalise the leave rules in
respect of Government Servants who die while in service or who retire on
reaching the age of superannuation.
2.
Accordingly
the following orders are issued:
(i)
The cash equivalent
of leave salary, payable to the family of a Government servant who dies in
harness, under sub-para (ii) of para 2 of the order read above, shall not be
reduced by pension equivalent. Salary in such cases shall be paid in full,
subject to a maximum leave salary for 120 days. The other conditions in
sub-para (ii) of para 2 of the order read above shall remain intact.
(ii)
Government
servant shall be allowed to encash earned leave/privilege leave, at their
credit on the date of superannuation subject to maximum of 120 days by the
authority competent to sanction pension. Leave salary for this period will not
be reduced by pension and pension equivalent of other retirement benefits,
which will be admissible on normal date of superannuation. (iii) The period of
leave as contemplated by sub-para (ii) of para 2 of this order shall not
constitute extension in service.
3.
These orders
shall take effect from 1st June, 1975.
4.
Necessary
amendments to various sets of leave rules will be issued separately.
[***]
Liberalisation of Leave Rules -- Retirement -- Further Orders.
[G.O.Ms.No. 27. Fin. & Plg. (Fin. Wing. F.R.-I) Dt. 19-1-1976]
Order:--
1.
In the
G.O.Ms.No. 208, Fin. & Plg., (Fin. Wing FR-I) Dept., Dt. 16-8-1975, it was
ordered, among other things, that Government servant shall be allowed to encash
earned leave/privilege leave at their credit on the date of superannuation,
subject to a maximum of 120 days by the authority competent to sanction
pension. It was also ordered that leave-salary for this period will not be
reduced by pension and pension equivalent of other retirement benefits which
will be admissible on the normal date of retirement. The benefit of encashment
of leave is thus, confined to cases of retirement on superannuation pension.
2.
Government
have carefully considered the question of extending the same benefit in other
cases of retirement. It has been decided that the benefit of encashment of
leave as contemplated in clause (ii) para 2 of the G.O.Ms.No. 208, Fin. &
Plg. (Fin. Wing FR-I) Dept., Dt. 16-8-1975, shall also be extended to the
following cases of retirement subject to the condition as in clause (iii) of
para 2 of the order referred to :--
(a)
Those
retiring under the Premature Retirement Rules issued through G.O.Ms.No. 188,
Fin. & Plg. (FW P-I) Dept., Dt. 29-7-1975 and G.O.Ms.No. 198, Fin. &
Plg. (F.W. P-I) Dept., Dt. 4-8-1975 ;
(b)
Those
retiring on Invalid Pension ;
(c)
Those
retiring on Compensation of Pension ;
(d)
Those
compulsorily retired as a measure of punishment under the Andhra Pradesh Civil
Services (CCA) Rules.
3.
These orders
shall take effect from 1-6-1975.
[***]
Encashment of Leave -- Applicability, to the Re-employed Pensioners
[G.O.Ms.No. 324, Fin. & Plg. (Fin. Wing (FR-I) Dt. 30-7-1976]
Order:--
1.
In the
Memo.No. 16(9) E-IV(A)/74, Dt. 24-7-1975, the Government of India have extended
certain concessions to the re-employed pensioners in respect of leave
entitlements.
2.
In letter
No. B1/1654/76, Dt. 11-3-1972 from the Director of State Ports, Andhra Pradesh,
Kakinada a point has been raised as to whether a re-employed Government servant
is eligible to encash Earned Leave at his credit, on the date of his retirement
or not.
3.
The
Government after careful consideration have decided to allow the benefit of
encashment of leave to those who are re-employed without any gap in service
after attaining the date of superannuation, subject to the conditions specified
in the G.O.Ms.No. 208, Fin. & Plg. Dept., Dt. 16-8-1975.
4.
These orders
shall come into force with effect from 1st June 1975. Pending cases can be
decided on the basis of these orders and old cases need not be reopened.
[***]
Leave Rules -- Liberalisation of-- Further Orders -- Issued.
[G.O.Ms.No. 415, Fin. &Plg. (F.R.I.) Dt. 30-11-1977).
Order:--
1.
In the
G.O.Ms.No. 208, Fin. & F Plg. (F.R.I.) Dept., Dt. 16-8-1975, G.O.Ms.No. 27,
Fin. & Plg. (F.R.I) Dept., Dt. 19-1-1976 and G.O.Ms.No. 135, Fin. &
Plg. (F.R.I) Dept., Dt. 30-3-1977, the leave rules were liberalised, allowing
the retiring Government servants to encash the Privilege Leave/Earned Leave
standing to their credit on the date of retirement. Government have considered
the question of further liberalisation of the leave rules and accordingly order
as follows :
(i)
The maximum
limit of availment of Earned Leave preparatory to retirement shall be enhanced
from 120 days to 180 days in respect of Government servants, governed by Andhra
Pradesh Leave Rules, 1933.
(ii)
The maximum
limit of encashment of Privilege Leave/Earned Leave at the credit of a
Government servant on the date of retirement shall be enhanced from 120 days to
180 days.
2.
These orders
shall come into force with immediate effect.
[***]
Liberalisation of Leave Rules -- Further Orders -- Issued.
[G.O.Ms.No. 15, Fin. & Plg. (F.R.I.) Dt. 9-1-1979]
Ref:--
(1)
G.O.Ms.No.
208, Fin. & Plg. (F.R.I.) Dept., Dt. 16-8-1975.
(2)
G.O.Ms.No.
27. Fin. & Plg. (F.R.I.) Dept., Dt. 19-1-1976.
(3)
G.O.Ms.No.
324, Fin. & Plg. (F.R.I.) Dept., Dt. 30-7-1976
(4)
G.O.Ms.No.
135. Fin. & Plg. (F.R.I.) Dept., Dt. 30-3-1977.
(5)
G.O.Ms.No.
415, Fin. & Plg. (F.R.I.) Dept., Dt. 30-11-1977.
Order:--
In the G.O. first read above, the retiring Government servants were
allowed encashment of earned leave upto a maximum of 120 days with effect from
1st June. 1975. The above benefit was subsequently extended to the following
categories of employees in the G.Os. 2nd to 5th read above:
1.
Those
retiring under Premature Retirement Rules issued during 1975.
2.
Those
retiring on invalid pension.
3.
Those
retiring on Compensatory Pension.
4.
Those
compulsorily retired as a measure of punishment under the A.P. Civil Service
(C.C.A.) Rules.
5.
Persons
re-employed without any gap after their normal retirement.
6.
Those
retiring voluntarily.
7.
Since that
maximum limit of encashment of earned leave standing to the credit of
Government servants on the date of retirement was enhanced from 120 days to 180
days in the G.O. 5th read above. Government have, after careful consideration
of the issue decided that the maximum limit of 180 days shall be applicable to
all categories of employees mentioned above with effect from 30th November,
1977, the date of issue of G.O.Ms.No. 415, Finance and Planning (Finance Wing.
F.R.I) Department, fifth read above.
Surrender of Earned Leave
Surrender of Earned Leave -- Scheme Introduced.
[G.O.Ms.No. 238. Finance (F.R.I) Dt. 13-8-1969]
Order:--
1.
Government
have had under consideration for some time past, the question of allowing
Government servants who avail themselves earned leave. to surrender an
equal period of earned leave, if admissible and in lieu of the leave so surrendered
get leave-salary and allowances. The Joint Staff Council had also considered
this subject at its meeting held on 28-12-1968 and generally supported the
scheme. Government accordingly issue the following orders :
(i)
Government
servants (both Gazetted and Non-Gazetted) who take earned leave for a period of
not less than thirty days will be allowed to surrender the balance of earned
leave to their credit on the date of commencement of the leave or any portion
thereof at their option subject to a maximum of thirty days and will be
sanctioned leave-salary and allowances in lieu of the leave so surrendered.
(ii)
The
authorities who are empowered to sanction earned leave will be competent to
accept surrender of earned leave.
The number of Government servants in an Officer or Department to whom
earned leave is sanctioned at a time for the purpose of enabling surrender of
leave should be judiciously limited so that, the conduct of work in offices is
not affected.
(iii)
Application
for surrender of earned leave should be made along with the application for
grant of leave.
Clarification:--The application for sanction of surrender of earned
leave if not submitted along with the application for availment of leave, may
be submitted before the leave is actually sanctioned by the competent
authority.
(iv)
The number
of days of earned leave surrendered under these orders, will be debited against
the leave account of the Government servant and will be reckoned as surrendered
to the date of commencement of leave.
(v)
There should
be an interval of not less than twenty-four months between one surrender and
another of earned leave. That is, an officer who avails himself of this benefit
will be entitled to apply for surrender of earned leave again only after the
lapse of twenty-four months from the date of expiry of the period of earned
leave to which the previous surrender related.
(vi)
The total of
the earned leave actually availed of and the earned leave surrendered should
not exceed the maximum leave admissible to the Government servant at any one
time, viz., 120 days under Andhra Pradesh Leave Rules and the three sets of
Leave Rules of ex-Hyderabad State and four months on leave on average pay under
Fundamental Rules.
(vii)
In the case
of Government servants who are on the verge of retirement the period of leave
surrendered should not exceed the period of duty between the date of the expiry
of the earned leave actually availed of and the date of compulsory retirement.
(viii)
The
leave-salary and allowances admissible for the leave surrendered will be equivalent
to the leave-salary and allowances for the first thirty days of the leave
enjoyed. The leave salary and allowances for the surrendered leave shall be
worked out as per the illustrations given in the Annexure to this order.
(ix)
The
leave-salary and allowances for the period of surrendered leave will be paid
along with the leave-salary and allowances for the earned leave of not less
than thirty days actually taken by the Government Servants. If the leave-salary
for the first thirty days of the actual leave availed of is drawn in two
installments, consequent on the leave falling partly in two months, the
leave-salary for the surrendered leave will be drawn along with the second
spell of such leave-salary. If the leave-salary is drawn in advance in terms of
G.O.Ms.No.597, Finance (Accounts), Dt. 6-12-1963 and subsequently extended in
G.O.Ms.No. 43 Finance, Dt. 11-2-1969 until further orders the Government
servant will have the option to draw the leave-salary for the leave surrendered
along with the leave-salary in advance.
(x)
The leave
salary for the period of leave surrendered will not be liable to any deductions
on account of Provident Fund Subs creations and repayment of any advances,
etc., to Government and re-employment or any dues to Co-operative Societies
etc.
(xi)
Persons who
are on earned leave on the date of these orders will be entitled to apply for
surrender of earned leave provided they avail themselves of a minimum of thirty
days earned leave.
(xii)
The
concession shall also apply to Government servants who are on foreign services
or on deputation to Government of India or other State Governments.
(xiii)
The benefit
of surrender of leave will be allowed in cases of leave preparatory to
retirement but not in the cases of refused leave granted under the Fundamental Rules,
Andhra Pradesh Leave Rules, 1933, or the corresponding rules in the Hyderabad
Civil Services Rules. [Subs. as per G.O.Ms.No. 160, Fin., Dt. 6-6-1970]
(xiv) If a Government servant who is permitted to surrender leave voluntarily
returns to duty before the expiry of the thirty days' leave he should not
ordinarily be permitted to re-join duty. If however, such an officer is
permitted to rejoin duty, the orders regarding surrender of leave should be
cancelled.
(xv)
As regards
cases of compulsory recall to duty such recall will be made only when it is
warranted by the exigencies of public services. During the period of such
recall the orders regarding surrender of leave should be cancelled. As soon as
the services of the officer can be spared, he should be relieved of his duties
to leave. In such cases, the period of leave enjoyed before compulsory recall
to duty will be counted against the minimum of thirty days necessary to enable
an officer to surrender his leave as required under Rule (i) above.
(xvi) In order to guard against commission to post a debt in the leave account
in respect of the leave surrendered, in the case of Non-Gazetted Government
servants the details of the surrendered leave should be noted in the body of
the Service Book and in the leave account when leave salary is drawn. A
certificate that the necessary entries have been made in the Service Book and
the leave account should be furnished by the Drawing Officer to the bill in
which the leave-salary for the surrendered leave is drawn.
(xvii) These orders also apply to Government servants who are governed by leave
rules in the Fundamental Rules and Hyderabad Civil Service Rules in whose cases
the references to 'earned leave' and 'thirty days' should be read as 'leave on
average pay' and 'privilege leave' and 'one month' respectively.
2.
Necessary
amendments to the Andhra Pradesh Leave Rules and the Fundamental Rules and the
corresponding Leave Rules of Ex-Hyderabad State will be issued separately.
ANNEXURE
Period of earned leave actually taken from 1st March, 1968 to 30th
March, 1968 (30 days).
Rate of leave salary -- Rs. 360 per mensum.
Leave Salary for the surrender of 30 days of earned leave --Rs. 348-40
(30/31 months).
Period of earned leave actually taken from 1st February, 1968 to 1st
March, 1968 (30 days).
Rate of leave salary -- Rs. 360 per mensum.
Leave salary for the surrender of 30 days of earned leave --Rs. 360 +
Rs. 11.61 (1+1/31 months) Rs. 371.60 (rounded).
Period of earned leave actually taken from 15th June. 1968 to 14th July,
1968 (30 days).
Rate of leave salary -- Rs. 360 per mensum.
Leave salary surrendered of 30 days of earned leave -- Rs. 120.00 + Rs.
162.58 (16/30+14/31 months): Rs. 354.60 (rounded).
Period of earned leave actually taken from 15th February, 1968 to 15th
March. 1968.
Rate of leave salary -- Rs. 360 per mensum.
Leave salary for the surrender of 30 days of earned leave -- Rs. 186.21
+ Rs.174.19 (15/29+15/31 months); Rs. 360.40
Period of earned leave actually taken from 15th February, 1969 to 16th
March, 1969.
Rate of leave salary -- Rs. 360 per mensum.
Leave salary for the surrender of 30 days of earned leave -- Rs. 180.00
+ Rs. 185.81 (14/28+16/31 months) : Rs. 365.80 (rounded)
Period of earned leave actually taken from 1st March, 1968 to 30th
March, 1968 (30 days).
Rate of leave salary -- Rs. 360 per mensum.
Leave salary for the surrender of 30 days of earned leave -- Rs.
174.19(15/ 31 months).
Allowances admissible along with leave-salary should also be worked out
as above.
[***]
SURRENDER OF EARNED LEAVE
Leave Rules -- Earned leave and leave on average pay -- Surrender of --
Orders -- Clarification Issued.
[Cir. Memo.No. 52729-A/681/FR-I/69-1. Fin. (F.R.I.) Dept., Dt.
11-10-1969]
Ref:--
(1)
G.O.Ms.No.
238, Finance (FRI) Dept., Dt. 13-8-1969.
(2)
From the
President, Andhra Pradesh Secretariat Class IV Employees Central Union, Lr. No.
Nil, Dt. 9-9-1969.
Order:--
1.
In the
Government order cited, all Government servants (both Gazetted and
Non-Gazetted) are allowed to surrender earned leave to their credit subject to
maximum of thirty days, when they actually avail earned leave for a period of
not less than thirty days.
2.
The
President, Andhra Pradesh Secretariat Class IV Employees Union has however
stated that the benefit of surrender of leave given both to Gazetted and
Non-Gazetted Government servants in the G.O. cited has not been extended to
Class IV employees and has, therefore, requested to extend the benefit to the
Class IV employees also.
3.
Government
have examined the issue raised carefully and hereby clarify that the order
issued in G.O.Ms.No. 238, Finance. Dt. 13-8-1969 are also applicable to Class
IV employees.
[***]
Leave Salary and Allowances for surrender of leave by other State
Government Servants deputed to this State Government -- Liability of-- Orders
-- Issued.
[G.O.Ms.No. 211, Fin. (FR-I) Dept. DT. 10-4-1972]
Ref:--
1.
From G.I.,
M.F., Department of Economic Affairs, New Delhi, O.M. No. F-1 (47-B/59), Dt.
4-6-1971.
2.
From A.G.,
A.P., Letter No. TM III/Code 1/12-5/71-72/59, Dt. 25-9-1971.
Order:--
In the reference 1st cited, the Government of India have examined the
question whether in respect of the employees of the State Governments on
deputation to the Central Government of the facility of encashment of earned
leave, without actually proceeding on leave, granted by certain State
Governments to their employees cast on the Central Government any liability
towards the additional remuneration admissible to the employees in case they
avail themselves of the facility when on deputation to the Government. The
Government of India have clarified that when the services of an employee of a
State Government are lent to the Central Government the leave-salary
contribution payable by the latter Government to the former, in accordance with
the rules of incidence in Part-B, II of Appendix 3 to Account Code, Vol. I.
completely extinguishes the financial liability of the borrowing Government in
relation to leave (other than special disability leave, if any) earned by these
employees concerned, irrespective of whether leave is actually availed of or
not. The facility, available under the rules of the State Government referred
to above for encashment of leave. Without the leave being actually availed of,
does not also amount to any increased entitlement to leave. Accordingly it has
been decided by the Government of India, in consultation with Comptroller and
Auditor-General of India, that when an employee of the State Government
surrenders while on deputation to the Central Government or at the end of it,
earned leave at his credit and, in consideration thereof becomes entitled to
additional remuneration representing cash value of the leave surrendered, the
liability for the payment thereof will devolve wholly on the (parent) State
Government and that the Central Government being the borrowing Government will
continue to be liable for payment of only the duty pay and allowances. The
Central Government will also not bear any liability for the payment of house
rent or compensatory allowance relatable in the cash value of the leave that
may be surrendered by him while on deputation or at the end of it.
In accordance with the above decision of the Government of India, the
matter has been examined by this Government and it is hereby decided that in
respect of leave so surrendered by the employees of the other State Governments
or the Central Government deputed to this State Government (borrowing
Government), the liability of this Government will be for payment of only the
duty pay and allowances. The Government will also not bear any liability for
the payment of House Rent or other compensatory allowance relatable to the cash
value of the leave that may be surrendered by an employee while on deputation
or at the end of it.
[***]
Grant of H.R.A., O.C.A. etc., during surrendered leave period --
Clarification to Accountant-General -- Instructions -- Issued.
[Cir. Memo.No. 64861/797/FR-I/71-1, Fin. (FR-I) Dept., Dt. 14-7-1972]
Order:--
On a clarification sought by the Accountant General, Andhra Pradesh
Hyderabad, regarding payment of H.R.A. and other compensatory allowances during
the surrendered leave period, the Government had informed the
Accountant-General to allow payment of H.R.A., O.C.A. etc., only for the period
of leave and not for the surrendered leave period. The Government have since
reviewed the matter and have now issued a clarification to the
Accountant-General, Andhra Pradesh, separately, to allow payment of H.R.A. and
other compensatory allowances during the surrendered leave period also.
The Departments of the Secretariat and the Heads of Departments are
requested to see that H. R. A. and other compensatory allowances not paid to
any of the employees for the surrendered leave period on account of the earlier
clarification to the Accountant General are now claimed.
[***]
Earned Leave -- G.O.Ms.No. 172, Finance, Dt. 17-7-1974-- Certain
clarifications.
[Cir. Memo. No. 35326-C/7/748/F.R.-I/74-1, Dt. 17-7-1974]
Ref. :--
G.O.Ms.No. 172, Fin. & Plg. (FR-I), Dept., Dt. 17-7-1974.
Order:--
The following doubts have been raised in connection with the grant of
surrendered leave with reference to the G.O. cited :
(1)
Whether the
claim for surrendered leave-salary should be preferred after a lapse of 15 days
after the date of sanction according as the period of surrendered leave is 15
days or 30 days.
(2)
Whether the
surrendered leave-salary can be drawn in advance in terms of para (ix) of G.O.
No. 238, Dt. 13-8-1969.
(3)
Whether with
reference to para 6 of the G.O. fourth cited, the surrendered leave can be
sanctioned before the 1st July, 1974 if the period of 12 months or 24 months
from the date of previous surrender was completed before the date.
The following clarifications are issued--
Point 1:--The claim for surrendered leave salary arises on the date of
issue of the order permitting surrender of leave and as such can be preferred
immediately after the issue of the order.
Point 2:--Since the surrender of leave is no longer linked with the
availment of leave the question of payment of surrendered leave-salary in
advance along with leave-salary does not arise.
Point 3:--As the G.O. cited has no retrospective effect, the actual
surrender of leave under this order will be permissible only from 1st July.
1974.
[***]
Temporary Government servants -- Eligibility to surrender earned leave.
[G.O.Ms.No. 221, Fin & Plg. (F.R. 1) Dept., Dt. 23-8-1974]
Order :--
1.
In the G.O.
No. 238, Dt. 13-8-1969, Government servants both Gazetted and non-Gazetted who
take earned leave for a period of not less than thirty days were all allowed to
surrender the balance of the earned leave to their credit on the day of
commencement of the leave or any portion thereof at their option, subject to a
maximum of thirty days and to receive the leave-salary and allowances in lieu
of the leave so surrendered. The temporary Government servants were not
eligible for the above benefit, as they are not entitled to accumulate earned
leave for more than thirty days at any one time.
2.
The above
scheme has further been liberalised in the G.O.Ms. No. 172, Dt. 1-7-1974 and
the necessity of compulsorily going on leave has been dispensed with and the
Government servant has been allowed to surrender 15/ 30 days of earned leave at
an interval of 12/24 months as the case may be.
3.
In view of
the aforesaid liberalisation in the scheme, the question of extending the
benefit of surrender of leave to the temporary Government servants appointed
under Rule 10(i) of the Andhra Pradesh State and Subordinate Service Rules, has
also been considered by the Government, and it has been decided that temporary
Government servants may also be allowed to avail of the benefit.
It is therefore ordered that temporary Government servant appointed
under Rule 10(a)(i) of the Andhra Pradesh State and Subordinate Service Rules
will also be eligible to surrender fifteen days of earned leave at their credit
as on the date of surrender of leave once at an interval of twenty four months.
[G.O.Ms.No. 316, Fin & Plg. (F.R-I) Dept., Dt. 25-11-1974]
4.
All other
conditions governing the scheme of surrender of leave as in the reference read
above and amended from time to time will continue to apply.
[***]
Earned leave on average pay -- surrender of leave without availing of
leave Orders -- Issued.
[G.O.Ms.No. 172. Fin & Plg. (Fin. Wing. FRI) Dept., Dt. 1-7-1974]
Ref. :--
G.O.Ms.No. 238. Fin. (FR-I)_ Dept., Dt. 13-8-1969.
Order :--
1.
According to
the Instruction 1(i) of the G.O. read above. Government servants both Gazetted
and non-Gazetted who take Earned Leave for a period of not less than 30 days
will be allowed to surrender the balance of the Earned Leave to their credit on
the date of commencement of leave, or any portion thereof at their option,
subject to a maximum of 30 days and will be sanctioned leave-salary and
allowances in lieu of the leave so surrendered.
2.
The Andhra
Pradesh Non-Gazetted Officers' Association have represented, that due to
exigencies of service a majority of the employees, particularly in the
mofussil, are unable to take leave and as such are unable to avail themselves
of the concession offered. They have therefore requested that --
(1)
The element
of linking the surrender and encashment of leave with actually going on leave
be dispensed with;
(2)
The
employees may be permitted to surrender straight away not more than 15/30 days'
Earned Leave once in 12/24 months interval, as the case may be, encash the same
without going on leave.
3.
Government
have carefully examined the matter and hereby permit all Government servants
both Gazetted and non-Gazetted to surrender earned leave not exceeding 15 days
once in a year without actually having to go on leave and receive cash value
equivalent to leave-salary and allowances in lieu of the leave so surrendered.
The interval between the surrender of earned leave should be not less than 12
months. For example, if a Government servant avails himself of surrendered
leave from 1st July, 1974, he will be eligible for the next surrender of earned
leave only on or after 1st July, 1975. Where the interval is 24 months and
more, the Government servants can avail of surrendered leave not exceeding 30
days only. The orders sanctioning surrendered leave should specifically
indicate the date from which the Government servant is permitted to surrender
leave, so that necessary entries could be made in his service records.
[G.O.Ms.No. 306, Fin. & Plg. (FR.I) Dept., Dt. 8-11-1974]
4.
[The rate
per month of cash value of the leave surrendered by an employee shall be the
sum total of the monthly rates of leave-salary and allowances to which the
employee is eligible on the date of the surrender. For this purpose a month
consists of 30 days irrespective of the month in which the leave is
surrendered].
[G.O.Ms.No. 306. Fin. & Plg. (FR.I) Dept., Dt. 8-11-1974]
5.
The other
conditions governing the scheme in the G.O. cited and amended from time to time
will continue to be in force.
6.
The benefit
of these orders will be admissible for the first time only after a lapse of
twelve or twenty-four months (as the case may be) from the date of expiry of
the earned leave to which the previous surrender under G.O. cited relates.
[***]
Extension of G.O.Ms.No. 221, Fin., Dt. 23-8-1974 to temporary Class IV
Government Servants.
[Cir. Memo. No. 47774/1177/F.R-I/74-1. Dt. 7-11-1974]
Ref. :--
G.O.Ms.No. 218, Fin. & Plg. (FRI) Dept., Dt. 23-8-1974.
Order :--
1.
In the G.O.Ms.No.
172. Fin & Plg,. (FRI) Dept., Dt. 1-7-1974 Government servants both
Gazetted and non-Gazetted were permitted to surrender 15/30 days of Earned
Leave at an interval of 12/24 months, as the case may be, without the necessity
of compulsorily going on leave.
2.
The above
benefit was extended to the temporary Government servants appointed under Rule
10(a)(i) of the Andhra Pradesh State and Subordinate Service Rules in superior
service in the G.O.Ms.No. 221, Finance & Planning (F.R.I) Department. Dt.
23-8-1974.
3.
The question
whether the said concession is applicable to the temporary Class IV Government
servants also has been examined and the Government hereby extend the orders
issued in the G.O. cited, to the temporary Class IV Government servants appointed
under Rule 7(a) of the Andhra Pradesh Last Grade Service Rules also subject to
the same terms and conditions governing the scheme of the Surrender of Leave.
[***]
Surrender of Earned Leave -- Extension to the members of All India
Service -- Orders -- Issued.
[G.O.Ms.No. 809, G.A. (Special) Dept., Dt. 11-12-1974]
Order :--
1.
In the
G.O.Ms.No. 238, Dt. 13-8-1969 and G.O.Ms.No. 172, Dt. 1-7-1974, the Government
sanctioned the scheme of surrender of earned leave at the credit of the State
Government employees and payment of leave-salary for the leave surrendered
subject to certain conditions laid down in the G.O. These orders have been
liberalised further in the latter G.O.
2.
The question
of extending the benefit to the members of All India Services borne on the
Cadre of the State and serving in connection with the affairs of the State has
been considered by the Government and they have decided that the scheme of
surrender of earned leave and payment of leave salary for the leave so
surrendered sanctioned in the aforementioned G.Os. In respect of State
Government employees should apply mutatis mutandis to members of the All India
Services and should apply also to those serving in connection with the affairs
of the State subject to same terms and conditions applicable to the State
Government employees now and which may be prescribed from time to time.
[***]
Surrender of leave without availing of leave -- payment of cash value of
earned/privilege leave surrendered - Certain amendments
[G.O.Ms.No. 393, Fin. & Plg. (Fin. Wing. F.R.I) Dt. 3-12-1975]
Order :--
It has been pointed out that in the scheme of surrender of earned leave
originally introduced in the G.O.Ms.No. 238. Fin., Dt. 13-8-1969, and
liberalised in the G.O.Ms.No. 172, Fin & Plg. (Fin. Wing) Dept., Dt. 1-7-1974.
Government servants have been allowed to surrender at their option any portion
of earned leave at their credit, subject to a maximum of 30 days at an interval
of 24/12 months respectively but in the orders issued in the G.O.Ms.No. 221.
Fin. & Plg. (Fin. Wing) Dept., dt. 23-8-1974, Fin & Plg. (Fin. Wing)
Dept., Cir. Memo. No. 47777/1177/FR-I/74-1. Dt. 7-11-1974 and G.O.Ms.No.
316, Fin., Dt. 25-11-1974, the quantum of leave to be surrendered has been
fixed as fifteen days for all temporary Government servants including temporary
Class IV employees.
With a view to remove the above disparity, Government have decided that
in modification of the orders issued in this G.O.Ms.No. 221, Fin & Plg.
(Fin. Wing) Dept., Dt. 23-8-1974. Fin & Plg. (Fin. Wing) Dept., Cir. Memo.
No. 47777/1177/ FR-I/74-1. Dt. 7-11-1974 and G.O.Ms. No. 316, Fin., Dt.
25-11-1974, all temporary Government servants appointed under Rule 10(a)(i) of
Andhra Pradesh State and Subordinate Service Rules and all temporary Class IV
Government servants appointed under Rule 7(a) of the Andhra Pradesh Last Grade
Service Rules will be eligible to surrender at their option, any portion of
Earned Leave or leave on average pay to their credit on the date of surrender
not exceeding fifteen days, once at an interval of twenty-four months subject
to all other terms and conditions governing the scheme of surrender of leave as
amended from time to time.
[***]
Surrender of Earned Leave on Retirement or on Death while in Service.
[G.O.Ms.No. 186, Fin & Plg., Dt. 23-7-1975 (w.e.f. 1-6-1975]
Order :--
In case a Government servant dies while in service, the Cash equivalent
of the leave-salary that the deceased employee would have got, had he gone on
earned leave but for death, due and admissible on the date immediately
following the death, subject to a maximum of leave-salary for 120 days shall be
paid to his family subject to reduction from the leave salary of pension and
pension equivalent of other retirement benefits.
[***]
Surrender of Earned Leave -- Applicability to Municipal Employees
[G.O.Ms.No. 339, M.A., Dt. 8-8-1975]
Order :--
Orders issued in the G.O.Ms. Nos. 238, Fin., Dt. 13-8-1969 and 172,
Fin., Dt. 1-7-1974 shall apply to mutatis mutandis to Municipal employees.
Expenditure shall be met by the Municipalities from their funds. No financial
assistance will be given by the Government.
(i)
The cash
equivalent of leave salary payable to the family of a Government Servant who
dies in harness, according to G.O. Ms. No. 186, Finance, Dt. 23-7-75, shall not
be reduced by pension and pension equivalent of other retirement benefits. The
cash equivalent of leave salary in such cases shall be paid in full subject to
a maximum leave salary of 120 days.
(ii)
Govt.,
Servants shall be allowed to encash earned leave at their credit on the date of
superannuation subject to a maximum of 120 days by the authority competent to
sanction pension. Leave salary for this period will not be reduced by pension
equivalent of other retirement benefits which will be admissible on normal date
of superannuation. These orders take effect from 1-6-1975.
(iii)
The period
of the leave as contemplated above shall not constitute extension in service.
[***]
Surrender leave salary of Government servants in Foreign service --
Certain clarifications -- Issued
[Cir. memo. No, 49395/12/19/FRI/75-1. Dt. 6-1-1976]
Ref. :--
G.O.Ms.No. 329, Fin. & Plg. (F.R.I.) Dept., Dt. 6-12-1964.
Order:--
1.
In para
2(iii) of the G.O. cited, it has been laid down that in respect of Government
employees in foreign service the payment of leave salary will, initially, be
made by the Foreign employer, and it will be reimbursed to him by the
Accountant-General. Andhra Pradesh, Hyderabad, in case of Gazetted Officers and
by the Head of Department in the case of non-Gazetted Officers.
2.
A point has
been raised whether the above procedure can be made applicable for payment of
surrender leave salary, to the deputationists to the Central/State Corporation
and other Autonomous Bodies also, and whether surrender leave salary also
should be paid by the foreign employer to the Government servants in foreign
service and reimbursement claimed from the Government.
3.
It is hereby
clarified that the procedure indicated in para (iii) of the G.O. cited may be
followed in respect of surrender leave salary of the Government servants.
4.
All
Departments of Secretariat and Heads of Departments are requested to indicate
the above procedure as one of the conditions of deputation of the Government
servants sent to foreign service.
[***]
G.O.Ms.No. 27, Fin. & Plg., Dt. 19-1-1976, (effective from 1-6-75).
Order:--
The orders issued in G.O. 186, Fin. Dt. 23-7-1975, as amended in G.O.
208, Fin. & Plg., Dt. 16-8-1975 also apply in the following cases of
retirement:
(a)
Those
retiring under the Premature Retirement Rules issued through G.O. 188, Fin.
pig. (Pen. I), Dt. 29-7-1975 and G.O. 198, Fin. (Pen. I), Dt. 4-8-1975.
(b)
Those
retiring on invalid pension.
(c)
Those
retiring on compensation pension.
(d)
Those
compulsorily retired as a measure of punishment under the A.P. Civil Services (C.C.A.)
Rules.
[***]
Leave salary and allowances for surrender of leave by State Government
servants on deputation to Central and State Government undertakings and other
autonomous bodies -- Liability of -- Orders issued.
[G.O.Ms.No. 35, Fin. &Plg. (FRI) Dept., Dt. 3-11-1976]
Ref. :--
1.
G.O.Ms.No.
211, Fin. (FR-I) Dept., Dt. 11-4-1972.
2.
From A.G.,
A.P., D.O. Lr.No. FAD/Pen 1/11-63/75-76, Dt. 5-7-1975.
Order :--
1.
According to
the orders issued in G.O. first read above, when an employee of the State
Government surrenders while on deputation to the Central/other State Government
or at the end of it, earned leave at his credit and becomes entitled to
additional remuneration representing cash value of the leave surrendered, the
liability for the payment thereof will devolve wholly on the (parent) State
Government, and the borrowing Government will be liable for payment of only the
duty pay and allowances.
2.
The
Accountant-General, Andhra Pradesh. Hyderabad in the reference 2nd cited has
presumed that the same principle would apply in respect of State Government
servants deputed to Central/State Government undertakings, Corporations and
other Autonomous Bodies since they are also required to pay leave salary
pension contribution to the State Government in respect of the deputations.
3.
After
careful consideration, the Government have decided that the order in the G. O.
first read above may be made applicable in cases of the Government Servants
deputed to Central/State Government undertakings, Corporations and Autonomous Bodies
also, subject to recovery of leave salary contributions from these bodies. In
all these cases, care has to be taken to recover the leave salary contribution
without any exception.
4.
All
Departments of the Secretariat and heads of Departments are requested to
incorporate the above decision as one of the conditions of deputation of
Government Servants whether any one is deputed to Foreign Service.
[***]
Encashment of leave by the retiring/deceased Government servants --
Instructions -- Issued.
[Cir. Memo. No. 92580-C/1768/FR-I/76-1. Fin., Dt. 31-1-1977]
Ref. :--
1.
G.O.Ms.No.
186, Fin. & Plg. (Fin. Wing FR-I) Dept., Dt. 23-7-1975.
2.
G.O.Ms.No.
208. Fin. & Plg. (Fin. Wing FR.-I) Dept., Dt. 16-8-1975.
3.
G.O.Ms.No.
437, Fin. & Plg. (F. W. Admn.-I) Dept., Dt. 13-10-1976.
Order :--
In the G.O. second cited, orders have been issued permitting Government
servants to encash leave at their credit on the date of superannuation subject
to a maximum of 120 days by the authority competent to sanction pension., To
liberalise the rules further, Government have now decided to dispense with the
procedure of sanctioning the leave by the pension sanctioning authority with
immediate effect, as this kind of procedure was not laid down in respect of the
deceased Government servants.
Further, the intention of the Government is to pay the leave salary
admissible to a retiring Government servant automatically without any procedure
of such sanction. Therefore, the Head of office may himself sanction leave,
draw and disburse the leave salary after obtaining formal application from the
retiring Government servant and after duly arriving at the leave title.
In respect of self-drawing officers viz., All India Service Officers and
other Gazetted Officers who are working in the twin cities the officers
themselves may draw the leave salary, after obtaining the leave title from the
Accountant General, Andhra Pradesh/Pay and Accounts Officer as the case may be
and on the strength of the formal sanction order.
The above instructions may be followed scrupulously.
[***]
Voluntary retirement
[G.O.Ms.No. 135. Fin. & Plg., Dt. 30-3-1977]
Order:--
The orders issued in G.O. 186, Fin., Dt. 23-7-1975, as amended in
G.O.Ms. No. 208, Dt. 16-8-1975, are extended to those retiring voluntarily.
[***]
Encashment of Earned Leave/Privilege leave on the date of death or
retirement -- Certain instructions.
[Cir. Memo. No. 39757/779/F.R.I/76-2. Fin. & Plg. (Fin. Wing-FR1).
Dt. 14-6-1977].
Order :--
1.
In his
letter No. T.M. 1/1/12-10/76/8. Dt. 6-5-1976 the A.G., Andhra Pradesh has
requested that the method of calculation of Earned Leave Privilege Leave under
the scheme of encashment of leave on the date of death or retirement of
Government Servants may be clarified to the Departmental authorities so that
they may calculate the leave correctly.
2.
It is hereby
clarified that in cases where the employee is on duty on the date of
death/retirement, the leave at credit has to be worked out under normal rules
upto a maximum of 120 days.
3.
Where the
Government servants are either on Leave Preparatory to Retirement or their
Leave Preparatory to Retirement has been refused in public interest under the
orders of the competent authorities, the Leave Preparatory to Retirement or, as
the case the title to Earned Leave/Privilege Leave (not exceeding 120 days).
This is illustrated below :--
'A' is entitled to 120 days Earned Leave/Privilege Leave Preparatory to
Retirement. Then the leave for encashment will be 120-60-60 days. Similar will
be the position in regard to Refused Leave.
4.
Government also
order that in cases where a Government servant's Leave preparatory to
Retirement upto 120 days has been refused in public interest by the competent
authorities, the Government servant have the option to receive the salary for
the leave refused, equal to the leave salary for the leave encashment under
this scheme.
[***]
G.O.Ms.No. 334, Fin & Plg. (FR1), Dt. 28-9-1977.
Order :--
Government employees are permitted to surrender leave at any time not
exceeding 15/30 days within a block period of one/two calendar year(s)
respectively. (Effective from 1-1-1977).
[***]
G.O.Ms.No. 384. Fin & Plg. (FRI), Dt. 5-11-1977.
Order :--
In case of death in service of a Government servant, the cash equivalent
of leave salary in respect of earned leave at credit to be paid to his family
shall be subject to a maximum of 180 days instead of 120 days as at present.
(Orders take effect from 5-11-1977).
[***]
G.O.Ms.NO. 415. FIN & PLG. (FRI), DT. 30-11-1977.
Order :--
(i)
The maximum
limit of encashment of earned leave preparatory to retirement shall be enhanced
from 120 days to 180 days in respect of Government servants governed by A.P.
Leave Rules, 1933.
(ii)
The maximum
limit of encashment of privilege leave/earned leave at the credit of a
Government servant on the date of retirement, shall be enhanced from 120 days
to 180 days. (Order takes effect from 30-11-1977).
[***]
Availment of surrender leave in a Block Period -- Certificate to be
appended to the sanction Order.
[Cir. Memo. No. 106288/1893/FR. 1/77-1, Fin. & Plg. (Fin.
Wing-FR-I), Dt. 30-5-1978].
Order :--
In G.O.Ms.No. 334, Fin & Plg. (Fin. Wing-FR-I), Dt. 28-9-1977 orders
have been issued that earned leave not exceeding 15/30 days can be surrendered
once within a block period of one/two calendar years respectively. 2. With a
view to ensure that the surrender of leave has not been permitted more than
once during the block period, it has been decided that the Authority competent
to grant leave should append the following certificate to the sanctioning order
in every case :--
"Certified that the surrender of leave now permitted of one or two
calendar year (s) has not been sanctioned and availed by the Government Servant
earlier".
[***]
Education -- Extension of facility of surrender leave to the teachers in
all the non-Government schools and colleges under all managements viz., Zilla
Parishads, Panchayat Samithis, Municipalities and Aided Private Managements --
Orders -- Issued.
(G.O.Ms.No. 418. Edn., Dt. 18-4-1979]
Ref.:--
1.
G.O.Ms.No.
172, Fin & Plg., Dt. 1-7-1974.
2.
G.O.Ms.No.
205, Fin. & Plg. (F.AI), Dt. 16-8-1978.
Order :--
1.
The teacher
MLCs., Federation of Andhra Pradesh Teachers' Organisation and other teachers'
Organisations have represented to Government to extend the facility to
surrender leave sanctioned to Government servants in the G.Os. first and 2nd
read above, subsequently amended in the other G.Os. to the teachers in all the
Non-Government schools and colleges under all managements viz., Zilla
Parishads. Panchayat Samithis, Municipalities and Aided Private Managements.
2.
The
Government have carefully examined the representations and issue the following
orders in view of the fact that the Leave Rules of vacation Department already
apply to teachers of the aided institutions and Local Body Teachers and the question
under consideration is merely the facility of encashing leave and not of
earning the leave itself:
(i)
The facility
of encashment of surrender leave sanctioned to the Government servants be
extended to the teachers in (sic) non-Government Schools and Colleges under all
managements viz., Zilla Parishads Panchayat Samithis. Municipalities and Aided
Private managements with effect from 1-3-1979.
(ii)
The
encashment of leave accumulated upto the date i.e., upto 1-3-1979 be permitted
only upto a maximum of 15 days broken up into two parts of 8 days and 7 days.
(iii)
The first 8
days be permitted to be encashed in a block period of 2 years 1979-80 (Calendar
years), and the second 7 days be permitted to be encashed in the block period
1981-82 (Calendar years).
(iv)
After the
expiry of 2 block period i.e., after 1982 from January, 1983, they be allowed
to surrender earned leave as in the case of Government teachers according to
their eligibility.
(v)
The teachers
who retire or die while in service after 1-3-1979 and within the first 2 years
block of 1979-80 or the family of the teachers as the case may be, be permitted
to encash the full 15 days (subject to eligibility) at the time of their
retirement or death.
3.
The Director
of School Education and Director of Higher Education are requested to take
necessary steps to make budge provision in the corresponding years under the
respective budget Head of expenditure.
[***]
Surrender of leave while in service and encashment of leave on
retirement -- Crediting advance credit of leave -- Instructions -- Issued.
[Cir. Memo. No. 50798/1063/FR-1/79-1, 22-11-79]
Ref. :--
1.
G.O.Ms.No.
334, Fin. & Plg. (F.W. F.R.I) Dept., Dt. 28-9-1977.
2.
G.O.Ms.No.
384, Fin. & Plg. (F.W. F.R.I) Dept., Dt. 5-11-1977.
3.
G.O.Ms.No.
415, Fin. & Plg. (F.W. F.R.I) Dept., Dt. 30-11-1977.
Order :--
1.
According to
para 1(i)(a) of the G.O. 2nd cited, the account of leave of each regular
Government Servant should be credited with 30 days Earned Leave in two
installments, 15 days on the 1st of January and 1st of July every year. As per
para 3 of the said G.O., the credit retire or resigns from service shall be
afforded only at the rate of 2 days per completed month in that half year upto
the date of retirement/resignation.
2.
A point has
arisen whether in the case of Government Servants who on 31st December/30th
June of a year have 180 days Earned Leave/privilege Leave to their credit and
who intend to avail leave or surrender leave on 1st January/ 1st July should be
allowed to Avail/Surrender from the accumulated 180 days first or the advance
credit of 15 days leave be added on 1st January/1st July to their leave account
and the maximum accumulation of Earned Leave/privilege Leave restricted to 180
days.
3.
Since the
advance credit of leave on 1st January and 1st July of every year is given to
facilitate Government Servants either to Avail/Surrender Leave in case of
necessity and to be detrimental to their interest, it is hereby clarified that
if a Government Servant Avails or Surrenders Earned Leave/Privilege Leave on
1st January/1st July of any year, this quantum of leave availed of/surrendered
should be debited to his leave account first and the advance credit of Earned
Leave/Privilege Leave as per eligibility due for that half year, should then be
added to his leave account.
4.
The above
clarification applies to all cases arising from 1st January. 1978 i.e., the
date from which advance credit of Earned Leave/Privilege Leave was ordered to
be added in the G.O. 2nd cited.
[***]
Education -- Sanction of surrender leave to teachers under Zilla
Parishads, Panchayat Samithis, Municipalities and aided Private Managements --
Clarification -- Issued.
[Memo. 175-HI /80-2, Edn., 24-4-1980]
Ref. :--
1.
G.O.Ms.No.
418, Education, Dt. 18-4-1979.
2.
From the Dy.
C.E.O. Z.P. Viz., Lr. Re. No. 18/80. CI, Dt. 4-1-1980.
Order:--
With reference to the orders issued in G.O.Ms.No. 418, Education, Dt.
18-4-1979, the Deputy Chief Executive Officer, Zilla Parishad, Vizianagaram
raised the following issues for clarification :
1.
Whether the
surrender leave can be sanctioned in the first block period of the year 1979-80
(Calendar years) even though the leave at credit as on 1-3-1979 is less than 15
days : and
2.
While
sanctioning the surrender leave during the block period of two years (1979-80
Calendar years) the leave that accrued as on 1-3-1979 only has to be taken into
consideration and that it should be not less than 15 days or the leave at
credit to the date from which it is to be surrendered in these two calendar
years can be considered.
3.
It is hereby
clarified that the teachers should have necessarily 15 days or more leave to
credit on 1-3-1979 and then only they become eligible for the benefit of
surrender leave extended in G.O.Ms.No. 418, Education, Dt. 18-4-1979. A
question will however, arise whether a teacher having less than 15 days leave
to his credit as on 1-3-1979 and earns leave during the block period 1979-80
and 1980-81 under the rules, should be allowed the concession when he makes up
15 days or more during this period. If the teacher acquires 15 days leave
during 1979-80 (Calendar years) there would not be difficulty, because he would
have become eligible for 8 days leave during 1979-80 first block period and the
balance of 7 days leave during the second block period (1981-82). But however,
teacher earning 15 days leave during the second block period i.e., 1981-82
(Calendar years) will pose a problem to extend the benefit as in such cases,
the concession will go beyond 4 years block period. Keeping in view the
hardship to such teachers and as they are earning the required leave of 15 days
during the block period 1979-80, the encashment of 15 days leave by them during
the block period 1981-82, shall be allowed in such cases.
[***]
Government of A.P., Fin. & Plg. (F.R.I) Dept. Lr. 18108/321/
FRI/80-1, Dt. 30-5-1980.
Order :--
Government clarified that the Government Employees were permitted to
surrender not exceeding 50% of their earning capacity subject to the limit
prescribed in G.O. 334, Fin., Dt. 28-9-1977. The earning capacity of leave by a
regular employee in a calendar year is 30 days and that of emergency employee
is 15 days. To avoid fraction in the leave earning capacity that is 7-1/ 2
days on 1st January, another 7-1/2 days on 1st July it has been ordered in G.O.
384, Dt. 5-11-1977, to credit leave accounts at the rate of 8 days in two
instalments to such employees. Though the earning capacity of the emergency
employees is 16 days in an year and 32 days in two years they can only be
permitted to surrender 15 days of earned leave in the alternate calendar year
as per G.O. 334, Dt. 28-9-1977. Therefore the question of permitting emergency
employees to surrender 8 days leave in a calendar year does not arise, as they
can be allowed to surrender leave not exceeding 15 days in an alternate
calendar year only.
In the light of the above position the question of allowing emergency
Government Servants last Grade Government Servants with less than 15 years of
regular service to surrender 8/16 days leave in one or two calendar years in
excess of the limit of 15 days specified in G.O. 334, Dt. 28-9-1977 does not
arise.
[***]
U.O. Note No. 31504-A/978/A2/81-2/FRI, Fin. Dept., Dt. 3-8-1981.
Order :--
Emergency and regular Class IV Government employees with less than 15
years of regular service and emergency employees in superior service are
eligible to surrender 15 days of earned leave after completion of 24 months of
service from the first surrender. Subsequent sanction for the surrender of 15
days of earned leave may be accorded at any time during alternate calendar
years.
Class IV Government employees with more than 15 years of regular service
may be permitted to surrender 15 days of earned leave at any time during each
calendar year and 30 days of earned leave at any time during alternate calendar
years.
The Heads of Departments are requested to recover the excess payments,
if any, made to their employees.
[***]
G.O.Ms.No. 1, Fin. & Plg. (Fin. F.R.I) Dept., Dt. 3-1-1983.
Order:--
All regular Government employees are permitted to receive surrrender
value of earned leave, if at credit, not exceeding 30 days, at anytime during a
calendar year.
[***]
G.O.Ms.No. 13, Fin. & Plg. (F.R.I), Dt. 20-1-1983.
[Amended in G.O.Ms.No. 186, Fin. (F.R.I) Dept., Dt. 2-6-1983].
Order:--
The orders contained in G.O.Ms.No. 1, Fin. (F.R.), Dt. 3-1-1983 are kept
in abeyance until further orders.
[***]
G.O.Ms.No. 232, Fin. & Plg. (Fin. F.R.I) Dept., Dt. 17-8-1983.
Order:--
1.
The facility
to surrender earned leave for 30 days is available for the calendar year 1983
only. From the calendar year 1984 onwards the position which obtained before
issue of the G.O.Ms.No. 1, Fin., Dt. 3-1-1983, shall come into force.
2.
If any
Government servant has already enjoyed the benefit of surrender of 30 days of
earned leave during the year 1983, he shall not be eligible for any more
encashment during 1983.
3.
If a
Government servant has enjoyed the surrender of 15 days of earned leave during
the year, 1983, he may be allowed to encash leave for a further period of 15
days, if entitled.
[***]
Leave Rules -- Encashment of Earned Leave and Privilege Leave --
Encashment during the Financial year [1990-91] -- Reg.
[Please Note :--
The Procedure of encashment of surrender leave as prescribed in this
memo shall continue to be in force during 1991-92 also (vide Memo. No.
29231-B/820/FR. 1/91, Fin. & Plg., Dt. 6-3-1991].
[Memo. No. 34260-C/158/FR. 1/90-2, Fin. Plg., Dt. 2-4-1990]
Ref. :--
1.
G.O.Ms.No.
172, Fin & Plg. (FR. I) Dept., Dt. 1-7-1974.
2.
G.O.Ms.No.
294, Fin & Plg. (FR. I) Dept., Dt. 1611-1988.
3.
Memo No. 8903/69-A/FR.I/89-1,
Fin. &Plg., (FW. FR.I) Department, Dt. 31-3-1989.
4.
Memo. No.
8672-A/305/FR.I/89-1, Fin. & Plg. (FR. I) Dept., Dt. 13-4-89.
5.
Memo. No.
313/833/FR.I/89-1, Fin. & Plg.(FR.I) Dept., Dt. 1-5-89.
6.
Fin. &
Plg. (FW.FR-I) Dept., Wireless Message No. 34260-C/158/ FR.I/90-1, Dt.
31-3-1990.
Order :--
1.
In the order
first read above, instructions were issued permitting Government servants to
Surrender Earned Leave not exceeding 15 days, once in a year without availing
leave and receive leave salary in lieu of the leave so surrendered. If the
interval is 24 months, the Government servants were permitted to surrender the
leave not exceeding 30 days.
2.
In the order
second cited the facility of encashment of Earned Leave/ Privilege. Leave which
was kept in abeyance has been restored. It was however ordered that, since the
Budget is formulated with reference to the Financial year, the encashment from
the year 1989 onwards, shall be from 1st April. To regulate the expenditure, it
was ordered in the Memo 3rd cited that the encashment of leave for the
Financial Year 1989-90 shall be regulated as indicated below :
April and
May, 1989 |
|
Class IV
employees |
June and
July, 1989 |
|
Non-Gazetted
Employees including Police Personnel and Teachers. |
August
& September, 89 |
|
Gazetted
Officers. |
3.
In the Memo
4th cited, instructions were issued that the Government servants who are due to
retire before the period fixed for encashment of leave in the Memo. 3rd cited
may be allowed to encash the leave, if they so desire, before the period when
encashment normally becomes due.
4.
In the Memo.
5th cited instructions were issued that the encashment facility may be extended
to officers of All India Services soon after their Central postings is received
without waiting for the scheduled period of August/ September, 1989.
5.
In the case
of Government employees whose title in the first half of the calendar year 1989
is 240 days and their title as on 1-7-1989 will lapse unless they are allowed
to encash the leave before 1-7-1989. In such cases it was ordered in the Memo
5th cited that the facility of encashment may be extended if the employees so
desire.
6.
Government
have examined the issue again in the light of implementation of orders issued
in G.O. second cited during the Financial Year 1990-91 and have decided that in
order to regulate the expenditure during the current financial year, the
encashment of leave for the financial year 1990-91 may be regulated as was done
in the last financial year. Accordingly Government hereby order that the Government
employees can encash their leave in the manner indicated below:
April
& May, 1990 |
........ |
Class IV
Employees |
June &
July, 1990 |
........ |
N.G.Os
including Police Personnel & Teachers. |
August
& September, 90 |
........ |
Gazetted
Officers. |
7.
Instructions
issued in the references 4th and 5th cited shall also be followed during the
Financial Year 1990-91.
8.
The
Departments of Secretariat/Heads of Offices are requested to keep these
instructions in view, while sanctioning encashment of leave during the
financial year 1990-91.
9.
The Treasury
Officers/Local Fund Audit Authorities/Pay and Accounts Officer, Hyderabad and
Deputy Financial Adviser, Projects/Directors of Accounts of Major Projects are
requested to follow these instructions scrupulously while dealing with the
bills if any for encashment of leave of the financial year 1990-91.
[***]
Encashment of Earned Leave on retirement from service -- Enhancement of
ceiling from 180 to 240 days -- Orders -- Issued.
[G.O.Ms.No. 420, Fin & Plg. Dept., Dt. 3-12-1990]
Ref. :--
1.
G.O.Ms. No.
415, Fin. & Plg. (FW FR. I) Dept., Dt. 30-11-77.
2.
From the
Government of India, O.M.No. 140281/19/86, Estt. (L), Dt. 29-9-1986.
3.
From the
President, A.P. Secretariat Assn., representation Dt. Nil.
Order :--
1.
In the G.O,
1st read above, orders were issued enhancing the maximum limit of encashment of
PL/EL at the credit of a Government Servant on the date of retirement from 120
days to 180 days.
2.
In the O.M.
second cited, the Government of India have issued orders permitting encashment
of unutilised E.L. as on the date of retirement upto a maximum of 240 days with
effect from 1-7-1986.
3.
The A.P.
Secretariat Officers Association in their representation 3rd read above has
requested that the State Government Employees may also be given the benefit of
encashment of E.L./P.L. on retirement from service at 240 days as in the case
of Central Govt. and also A.I.S. Officers.
4.
Government
after careful consideration of the request of the A.P. Secretariat Officers
Association hereby order that the maximum limit of encashment of P.L./E.L. at
the credit of a Government Servant on the date of retirement shall be enhanced
from 180 days to 240 days.
5.
These orders
shall come into force with effect from 31-3-1990, the date on which gratuity
has been enhanced.
[***]
Leave Rules -- Encashment of Earned Leave/Privilege Leave -- Encashment
during the financial year -- Clarification -- Issued.
[Memo. No. 1235/TE.2/91-2. Dt. 23-12-1991]
Ref. :--
From the Commissioner & Director of Technical Education, A.P.
Hyderabad Lr.No. OP2/1392/91. Dt. 22-7-1991.
Order :--
With reference to the letter cited, the Commissioner & Director of
Technical Education may be informed that officers or employees whose Earned
Leave at credit is more than 225 days and which will go beyond 240 days when 15
days Earned Leave has been credited either on 1st January, or 1st July, of a
respective year, may be permitted to encash earned leave without waiting for
the scheduled period of August/Sept, or June/July or April/May as the case may
be.
[***]
Encashment of Earned Leave/Privilege Leave on retirement from service --
Enhancement of ceiling from 180 to 240 days -- Extension to the Govt. Servant
who die while in Service --
Orders -- Issued.
[G.O.Ms.No. 238. Fin. & Plg., Dt. 16-9-1991]
Ref:--
1.
G.O.Ms.No.
208, Fin. & Plg. (FW.FR.-I) Dept., Dt. 16-8-1975.
2.
G.O.Ms.No.
415, Fin. & Plg. (FW.FR.-I) Dept., Dt. 30-11-1977.
3.
G.O.Ms.No.
420. Fin. & Plg. (FW.FR.-I) Dept., Dt. 3-12-1990.
Order :--
In the G.O. 3rd read above, orders are issued enhancing the maximum
limit of encashment of Earned Leave/Privilege Leave at their credit of a Govt.
Servant on the date of retirement from 180 days to 240 days with effect from
31-3-1990.
Government have received few cases wherein a clarification was sought as
to whether the same facility of encashment of Earned Leave/Privilege Leave on
retirement from service at 240 days may also be allowed in the cases of
Government employees who die while in service.
Government after careful consideration, hereby order that the orders
issued in the G.O. third read above are equally applicable to the cases of
death while in service.
[***]
Encashment of Earned Leave/Privilege leave on retirement/on
superannuation/death -- Extension of benefits --Further Orders -- Issued.
[G.O.Ms.No. 334, Fin &Plg., Dt. 14-9-1993]
Ref. :--
1.
Cir. Memo
No. 61893/ 1785/FR.-1/75-2, Fin. & Plg., (FW. FR.-I) Deptt., Dt. 5-2-1976.
2.
G.O.Ms.No.
19 Fin. & Plg. (FW.FR.-I) Dept., Dt. 24-1-1977.
3.
G.O.Ms.No.
420. Fin. & Plg. (FW.FR.-I) Dept., Dt. 3-12-1990.
4.
G.O.Ms.No.
238, Fin. & Plg. (FW.FR.-I) Dept., Dt. 16-9-1991.
5.
G.O.(P).No.
162. Fin. & Plg. (FW.PC.-I) Dept., Dt. 20-5-1993.
Order:--
In the G.O. 5th read above it has been ordered that the Revised Scales
of Pay, 1993 shall be deemed to have come into force on and from 1-1-1993 and
the monetary benefit shall be allowed from 1-4-1993. Further, in para 8 of the
said G.O. (P), it has been ordered that the persons who retired between
1-1-1993 and 31-3-1993 shall also be eligible for the Revised Pay Scales 1993
and that the notional pay fixed in the Revised Pay Scales, 1993 in accordance
with these orders, shall in such case count towards pensionary benefits.
As per the provision to sub-clause (i)(b) of clause (d) under Rule 4 of
A.P. Leave Rules, 1933, an Officer who proceeds on Earned Leave is entitled to
leave salary equal to the pay drawn immediately before proceeding on leave. The
same provision has been extended to the cases of encashment of Earned, Leave/
Privilege Leave at the time of retirement/death of State Government employees,
in view of these provisions, the employees who retired or died on or after
1-1-1993 to 31-3-1993 and who opted for Revised Pay Scales w.e.f. 1-1-1993, are
not entitled to reckon the notional pay as their basic pay for drawal of leave
salary on encashment of Earned Leave.
After careful examination and in order to remove any ambiguity,
Government hereby order that the notional pay fixed in the Revised Pay Scales,
1993, may be allowed for payment of leave salary on encashment of leave in
respect of Government employees who opted to Revised Pay Scales, 1993, w.e.f.
1-1-1993 and retired on superannuation/died between the period from 1-1-1993 to
31-3-1993.
[***]
Encashment of Earned Leave/Privilege Leave on retirement on Superannuation
death -- Extension of benefits -- Further Orders -- Issued.
[G.O.Ms.No. 79, Fin. & Plg., Dt. 24-2-1994]
Ref. :--
1.
Cir. Memo
No. 61893/1785/FR.-I/75-2, Fin. & Plg., (FW. FR.-I) Deptt, Dt. 5-2-1976.
2.
G.O.Ms.No.
19 Fin. & Plg. (FW.FR.-I) Dept., Dt. 24-1-1977.
3.
G.O.Ms.No.
420, Fin. & Plg. (FW.FR.-I) Dept., Dt. 3-12-1990.
4.
G.O.Ms.No.
238, Fin. & Plg. (FW.FR.-I) Dept., Dt. 16-9-1991.
5.
G.O.Ms.No.
162, Fin. & Plg. (FW.FR.-I) Dept., Dt. 20-5-1993.
6.
G.O.Ms.No.
334, Fin. & Plg. (Fw, FR-I) Dept., Dt. 14-9-1993.
7.
G.O.(p) No.
18, Fin. & Plg. (FW. FR-I) Dept. Dt. 19-1-1994).
Order:--
1.
In the G.O.
5th read above it has been ordered that the Revised Scales of Pay, 1993 shall
be deemed to have come into force on and from 1-1-1993 and the monetary benefit
shall be allowed from 1-4-1993. Further, in para 8 of the said G.O. (P), it has
been ordered that the persons who retired between 1-1-1993 and 31-3-1993 shall
also be eligible for the Revised Pay Scales 1993 and that the notional pay
fixed in the Revised Pay Scales, 1993 in accordance with these orders, shall in
such case count towards pensionary benefits.
2.
As per the
provision to sub-clause (i)(b) of clause (d) under Rule 4 of A.P. Leave Rules,
1933, an Officer who proceeds on Earned Leave is entitled to leave salary equal
to the pay drawn immediately before proceeding on leave. The same provision has
been extended to the cases of encashment of Earned, Leave/ Privilege Leave at
the time of retirement/death of State Government employees, in view of these
provisions, the employees who retired or died on or after 1-1-1993 to 31-3-1993
and who opted for Revised Pay Scales 1993, are not entitled to reckon the
notional pay as their basic pay for drawal of leave salary on encashment of
Earned Leave.
3.
In order to
remove any ambiguity, in the G.O. 6th read above it has been ordered that the
notional pay fixed in the Revised Pay Scales, 1993 may be allowed for payment
of leave salary on encashment of leave in respect of Government employees opted
to R. P. S. of 1993, w.e.f. 1-1-1993 and retired on superannuation/died between
the period from 1-1-1993 to 31-3-1993.
4.
In para 4 of
the G.O.(P) 7th read above, it has ordered that the employees who retired
between 1-7-1992 and 31-3-1993 shall also be eligible for the Revised Pay Scales,
1993. The notional pay fixed in Revised Pay Scales, 1993 in accordance with the
said orders shall in such cases count for pensionary benefits.
5.
Government
after careful examination and, in order to remove any ambiguity, hereby order
that the notional pay fixed in the Revised Pay Scales. 1993 shall be allowed
for payment of leave salary on encashment of leave in respect of Government
employees who opted to Revised Pay Scales, 1993 i.e., with effect from 1-7-1992
and retired on superannuation /died between the period from 1-7-1992 to
31-3-1993.
[***]
Encashment of Leave on Half Pay at the time of retirement of Government
Employees -- Orders -- Issued.
[G.O.Ms.No. 342, Fin. & Plg., Dt. 30-9-1994].
Ref.:--
1.
G.O.Ms.No.
46, G.A. (Ser. Wel.) Dept., Dt. 28-1-1994.
2.
O.M.No.P.
14025/11/82-Estt. (Leave) Department of Personnel and Training, Government of
India, Dt. 25-8-1983.
3.
O.Ms.No.
14020/1/90-Estt. (L), Department of Personnel and Training, Government of
India, Dt. 6-4-1993.
4.
Recommendations
of High Power Committee.
Order:--
1.
The Joint
Action Committee of Employees, Teachers and Workers of Andhra Pradesh have
represented, among others, that the Government of India have issued orders for
encashing the half pay leave at the time of retirement and the same benefit may
be extended to the State Government employees also.
2.
In the
Government Order first read above, Government have constituted a High Power
Committee of Secretaries to Government under the Chairmanship of Sri A.V.S.
Reddy, IAS, to examine and recommend on the various demands put forth by
the--employees. The High Power Committee, among others, mended that the benefit
of encashment of leave on Half Pay on retirement as is applicable to the
employees of the Government of India, may be extended to the State Government
employees also.
3.
As per Rule
39(5) of Central Civil Services (Leave) Rules, 1972, a Government Servant who
retires on retiring, pension may be granted cash equivalent of the leave salary
in respect of Earned Leave at his credit subject to a maximum of 240 days and
also in respect of all half pay leave at his credit provided that this period
(E.L. + H.P.L.) does not exceed the period between the date on which he so
retires or is retired from service and the date on which he would have retired
on attaining the age prescribed for retirement under the terms and conditions
governing his service. The cash equivalent shall be equal to the leave salary
as admissible for Earned Leave and/or equal to the leave salary as admissible
for half pay leave plus Dearness Allowance admissible on the leave salary for
the first 240 days, at the rates in force on the date the Government Servant so
retires or is retired from service. The pension and pension equivalent of other
retirement benefits and ad hoc relief/graded relief on Pension shall be
deducted from the leave salary paid for the period of half pay leave, if any,
for which the cash equivalent is payable. The amount so calculated shall be
paid in one lumpsum as a one time settlement. No House Rent Allowance or City
Compensatory Allowance shall be payable, provided that if leave salary for the
half pay leave component falls short of pension and other pensioner benefits,
cash equivalent of half pay leave shall not be granted.
4.
As per Rule
39-B of Central Civil Services (Leave) Rules, 1972, a Government Servant who
retires or is retired on invalidation for further service may be granted cash
equivalent of leave salary in respect of leave due and admissible on the date
of the retirement on invalidation from service provided that the period of
leave for which he is granted cash equivalent does not extend beyond the date
on which he would have retired in the normal course after attaining the age of
superannuation. The cash equivalent payable shall be equal to the leave salary
as calculated under Rule 39(5) of the Central Civil Services (Leave) Rules,
1972.
5.
There is no
provision in the Central Civil Services (Leave) Rules, 1972, for the payment of
cash equivalent of Half Pay Leave to the employees (i) in the case of Government
Servants compulsorily retired as a measure of penalty, (ii) in the case of a
Government servant whose services are terminated by notice or by payment of pay
and allowances in lieu of such notice, (iii) in the case of a Government
Servant who resigns/quits the service; and (iv) to a Government Servant who is
re-employed after retirement.
6.
In the
Office Memorandum of Government of India second read above, it was ordered that
the encashment of Earned Leave due and admissible, subject to a maximum of 240
days, may be allowed to the Government Servants in cases of premature/voluntary
retirement or retirement to invalidation, even if this exceeds the period
between the date on which the officer retires and the date on which he would
have retired in the normal course on superannuation.
7.
In the
Office Memorandum of Government of India third read above, it was ordered the
entire Half Pay Leave at the credit of Government Servants who retire on
superannuation shall be allowed to be encashed subject to the condition that
pension and pension equivalent of other retirement benefits shall be deducted
from the amount payable as cash equivalent.
8.
The
following formula for calculation of cash equivalent of Half Pay Leave was also
specified in Office Memorandum No. P. 14025/5/81 /Estt.(L), dated 30-10-1982 of
Government of India and in the Office Memorandum of Government of India third
read above.
9.
(i) After
careful examination of the matter, the Government have decided to accept the
recommendation of the High Power Committee and to extend the benefit of
encashment of Half Pay Leave at the credit of the State Government Servants on
their retirement, as is applicable to Central Government Employees. All the
State Government Employees who retire or are retired on superannuation pension
or on retiring pension or on invalid pension are eligible for the encashment of
leave on half pay at their credit on the date of retirement/ invalidation.
(ii) In the case of employees retiring on retiring pension and on
invalid pension, the total period of encashment of Earned Leave plus Half Pay
Leave (both put together) shall not exceed the period between the date on which
the employee so retires or is retired from service and the date on which the
employee would have retired in the normal course after attaining the age of
superannuation as per rules. However, such Government Servants may be allowed
the encashment of Earned Leave upto a maximum of 240 days even if this (i.e.,
240 days) exceeds the period between the date on which the employee retires and
the date on which the employee would have retired in the normal course on
superannuation.
(a)
The cash
equivalent of leave salary on account of encashment of leave on half pay
ordered in the above para shall be calculated in the manner indicated below:
(b)
House Rent
Allowance and City Compensatory Allowance shall not be payable.
(c)
The Pension
Equivalent to Gratuity shall be calculated with reference to the table in the
Andhra Pradesh Civil Pensions (Commutation) Rules, 1944.
(d)
If the total
amount of leave salary for the leave half pay component plus Dearness Allowance
thereon, if admissible falls short of the total amount of pension + Pension
Equivalent to Gratuity + Dearness relief on pension the cash equivalent of
leave on half pay shall not be granted.
10.
These orders
are not applicable to those State Govt. Servants :--
(i)
who are
compulsorily retired;
(ii)
who have
resigned/quit the service; and
(iii)
who are
re-employed after retirement.
11.
These orders
shall come into force with effect from 1-9-1994 i.e., applicable only to the
cases of retirements on or after 30-9-1994.
[1] The date
precedent the date of commencement of leave to be specified here.
[2]
Designation of the post to be specified here.
[3]
Substituted by G.O.Ms.No. 300, Fin., dated 18-11-1965.
[4] Inserted
by G.O.Ms.No. 24. Finance (F.R.I.), dated 16-1-1971).
[5] Omitted by
G.O.Ms.No. 300, Finance (F.R.I.) dated 18-11-1965.
[6] Inserted
by G.O.Ms.No. 300, Finance (F.R.I.) dated 18-11-1965.
[7]
Substituted by G.O.Ms.No. 24 Fin. dated 16-1-1971.
[8] Inserted
by G.O.Ms.No. 32, Fin. dated 22-1-1972.
[9] Now
factories Act 1948.
[10]
Substituted by G.O.Ms.No. 205, Finance, dated 8-6-1980]