F.R. 103

Leave of re-employed pensioner

(1) The service of a person who is re-employed after having retired on superannuation or retiring pension should be regarded as temporary and his leave regulated by Rule 103. [Vide also ruling under Rule 65(a)].

(2) A question having been raised whether it is necessary to extend the period of temporary post so as to cover the period of leave granted to its holder after he has ceased to perform the duties of the post, the Government of India have decided that an extension is expedient only in cases where the grant of leave is subject to the condition of no expense to Government but improper in the absence of this condition.

Extra Expenses

(3) (a) The term “ extra expenses ” occurring in Subsidiary Rule 2 under Rule 103(a) should be interpreted to mean the net extra cost to Government involved in the chain of officiating arrangements made in the vacancy of the absentee. (b) The net extra cost of Government for the purpose of calculating the sum available for payment to the absentee should then be worked out as shown below :—

(i) Leave reserve establishments :—Sum total of enhanced officiating Pay (acting allowances) granted to the Government servants in the chain of arrangements made in the vacancy of the absentee.

(ii) Non-leave reserve establishments :—Sum total of enhanced officiating pay (acting allowances) granted to the Government servants in the chain of arrangements made in the vacancy of the absence, as in (i) above, plus entire pay of the substitute, that is, the pay of the outsiders without a substantive post, appointed in the last place in the chain.

(4) The different kinds of leave referred to in clauses (a), (b) and (c) of Subsidiary Rule 2 to Rule 103(a) are cumulative and alternative.

(5) The interruption of duty referred to in Article 420(g) of the Civil Service Regulation constitute an interruption of duty within the meaning of this rule.

(6) For the purposes of Subsidiary Rule 3 under Rule 103(a) suspension should be treated as an interruption of duty and will involve the forfeiture of past-service.

[ Note :—The Board of Revenue (Land Revenue and Settlement) have been empowered to declare that interruption of duty due to suspension will not involve the forfeiture of past service for purposes of leave in individual cases of the temporary subordinates of the Survey and Settlement Department provided that the whole record of the individual member is such as to justify exceptional treatment]. [G.O.Ms.No. 2023, Fin., Dt. 20-4-1937]

(7) Leave earned by an officiating Government servant without substantive appointment in one department may be carried forward on appointment to another department of Government, provided there is no break in the continuity of the Government servant's service.

(8) In the case of a Government servant without substantive appointment, who has been continuously in Government employ, service in a post borne on a work-charged establishment should not be regarded as an interruption of duty for the purpose of Subsidiary Rule 3 under Rule 103(a). The Service in the work-charged establishment will not, however, count as duty for purposes of leave-salary.

(9) Vacation may be combined with leave granted under Subsidiary Rule 2(a) under Rule 103(a) or under Rule 3 of the leave terms for Contact Officers issued in G.O. No. 423, Finance, Dt. 5-7-1935, and vacation when so combined should be treated as leave for the purpose of the limit prescribed in the above rules.

A temporary Engineer of the Public Works Department may be granted leave on such terms and with such leave-salary as Government may think fit in each individual case provided that the leave and leave-salary are not in excess of those admissible to a Government servant subject to the A.P. Leave Rules, 1933.

Leave may be granted to any other Government servant without a lien on a permanent post while officiating in a post or holding a temporary post, provided that the grant of leave involves no extra expenses to the Government.

[On this condition, such a Government servant may be granted :—

(a) leave-salary equivalent to average pay upto one-eleventh of the period spent on duty, subject to a maximum of four months at a time, or

(b) on medical certificate, leave on leave-salary equivalent to half average pay for three months at any one time, or

(c) extraordinary leave under Rule 85 for three months at any one time.]

Note 1 :—The Govt. reserve the power to waive the proviso that there should be no extra expense in special cases.

Note 2 [Not Printed]

Note 3 :—Health Inspectors have been permitted to count their previous pensionable service under local bodies for leave in combination with subsequent Government service subject to the following conditions :

(i) such service should be allowed to count for leave in combination with the subsequent Government service provided the Health Inspector has completed his period of probation, and is not likely to revert from Government service ; and

(ii) the leave salary is debited to the local bodies concerned until the amount of leave at the credit of such Health Inspector at the time of transfer to Government service is entirely exhausted.

In the case of Local Fund and Municipal servants who are merely acting or Probationary Health Inspectors, their leave should continue to be regulated by Subsidiary Rule 2 to Rule 103(a).

[Note 4 :—The grant of leave as terminal benefit to temporary Government servants governed by the Andhra Pradesh Leave Rules, 1933, contained in Annexure III to these rules is permissible subject to the following conditions :

(1) Earned leave to the extent due and admissible at a time can be sanctioned to temporary Government servants (other than those employed on contract basis) at the discretion of the sanctioning authority on the termination of service.

(2) Such leave will be admissible when termination of service is on account of retrenchment or on the abolition of posts before attaining the age of superannuation ever when the leave has not been applied for and refused in public interest.

(3) Such leave will not be admissible in the following circumstances :—

(a) where the employee concerned has been dismissed or removed from service, or (b) where the services of the employee concerned have been terminated under Civil Services (Safeguarding of National Security) Rules, or

(c) where the employee concerned resigns the post of his own volition, unless resignation is for reasons of ill-health, or for other reasons beyond his control provided that the sanctioning authority may in such cases grant, at its direction terminal leave not exceeding half the amount of earned leave to the credit of the Government servant concerned.

(4) In a case where any notice of termination of service is required to be given under the terms of employment of the temporary Government servant concerned, and where he is relieved before the expiry of the notice, such period of notice or the unexpired portion thereof should run concurrently with the leave granted.

(5) In a case where the services of a temporary Government servant are lent by commercial concerns or Semi-Government Organisations on terms which include the payment of leave salary contribution, such leave will be at the cost of and within the discretion of the parent employer and not of the Government.

(6) These benefits are not applicable to apprentices and persons in non-continuous employment of Government who will continue to be governed by the normal rules applicable to them].

[G.O.Ms. No. 319, Finance, Dt. 15-12-1965]

Explanation :—For the purpose of this Note the following are also treated as Temporary Government Servants :—

(a) re-employed pensioners who are treated as new entrants in the matter of leave subject to the condition that such pensioners will not be entitled to draw their pension during the terminal leave if the pension has been held in abeyance during the period of re-employment ;

(b) persons employed on contract basis for a period exceeding one year;

(c) unqualified persons who may have to vacate their temporary posts to make room for qualified candidates ; and

(d) persons whose services may have to be dispensed with as a matter of administrative convenience as an alternative to the initiation of disciplinary proceedings against them.

[Exception] :—In the case of a Government servant officiating in a permanent post or holding a temporary post in a vacation department, leave granted under clause (a) of this rule shall be on leave-salary equivalent to half average pay ; provided that such a Government servant may be granted, under that clause, leave on leave-salary equivalent to average pay to the extent of one month for each year of duty in which he has availed himself of not more than 15 days of the vacation]. [Govt. of India, Fin., Resolution No. 783-CSR., Dt. 8-7-1922]

If such a Government servant is, without interruption of duty appointed substantively to permanent post, his leave account will be credited with the amount of leave which he would have earned by his previous duty if he had performed it while holding a permanent post substantively, and debited with the amount of leave actually taken under Rule 2. Leave taken under Rule 2 is not an interruption of duty for the purpose of this rule. This rule has retrospective effect in the case of Government servants in permanent service at the time these rules come into force.

Temporary and officiating service rendered under the Government of India or any State Government and followed by confirmation under the Government of Andhra Pradesh without interruption of duty will, upto the extent mentioned above, be taken into account for the purpose of the leave account, provided that under the rules laid down by the other Government, such service would have counted had the Government servant in question continued in the service of that Government without a break of service till confirmation.

Service in an establishment which is employed only at certain seasons in each year does not qualify for leave except in the case of men who are drafted into such an establishment from other permanent or temporary posts.

Subject to the condition that the grant does not involve extra cost to Government, Law Officers and other part-time Government servants may be granted leave as follows :

(i) if they hold permanent appointments, leave not exceeding that admissible to a full-time permanent Government servant ; and

(ii) if they hold temporary or officiating appointments, leave not exceeding that admissible to a full-time temporary or officiating Government servant.

Note (i) :—This rule does not apply to part-time service in posts held as collateral charges by officers who have another main appointment under Government. In such a case, no leave is earned in respect of service in the collateral posts.

Note (ii) :—The condition that the grant should not involve extra cost does not apply to the part-time services of Post Officers.

Subsidiary Rule 1 of the Maternity Leave Rules issued under Rule 101 (a) applies to women employed under Government at piece-rates or daily rates in permanent or quasi-permanent concerns.