(a) The rates of pension contribution prescribed under Rule 116 will be designed to secure to the Government servant the pension that he would have earned by service under Government if he had not been transferred to foreign service.
(b) The rates of contribution for leave salary will be designed to secure to the Government servant leave salary on the scale and under the conditions applicable to him. In calculating the rate of leave salary admissible, the pay drawn in foreign service, less, in the case of Government servants paying their own contributions, such part of pay as may be paid as contribution will count as pay for the purpose of Fundamental Rule 9(2). In the case of a Government servant governed by the Andhra Pradesh Leave Rules, 1933, the pay in excess of that admissible under the State Government or the special pay or the deputation allowance drawn in foreign service shall not be taken into account for the purpose of calculating the contribution for leave salary.
[However, deputation allowance which is of the nature of special pay drawn by such Government servants while on deputation to other Governments shall count as pay for purposes of leave salary contribution].
[Added by G.O.Ms.No. 247, Fin., (F.R.-I) Dept., Dt. 26-8-1969, w.e.f. 8-4-1964]
*Note (i) : —The sub-rule (b) of F.R. 117 was substituted by G.O.Ms.No. 89, Finance and Planning (FW-F.R.-I) Department, Dt. 3-4-1975 as follows :
“(b) The rates of contribution for leave salary will be designed to secure to the Government servant leave salary on the scale and under the conditions applicable to him. In calculating the rate of leave salary admissible, the pay drawn in foreign service, less, in the case of Government servants paying their own contributions, such part of pay as may be paid as contribution will count as pay for the purpose of leave salary. In the case of a Government servant governed by the Andhra Pradesh Leave Rules, 1933 the leave salary contribution will be recovered @11% of pay drawn in foreign service”.
Note (ii) : —In G.O.Ms.No. 289, Finance and Planning (Finance Wing, F.R.I) Department, dated 27-10-1975 the above notification was cancelled through the following notification :—
“In exercise of the powers conferred by the proviso to Article 309, read with Article 313 of the Constitution of India, the Governor of Andhra Pradesh hereby cancels the notification issued in G.O.Ms.No. 89, Finance and Planning (Finance Wing F.R.I) Department, Dt. 3-4-1975 and published at page 496 of Part I of the Andhra Pradesh Gazette, dated 19th June, 1975, provided that such cancellation shall not affect the cases in respect of which final decision has not been taken”.
Note (iii) : —In G.O.Ms.No. 197, Finance and Planning (Finance Wing, F.R.I) Department, dated 15-6-1976, the following amendment is issued to the Notification issued in G.O.Ms.No. 289, Finance Department, dated 27-10-1975.
“In exercise of the powers conferred by the proviso to Article 309, read with Article 313 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendment to the Notification issued in G.O.Ms.No. 289, Finance and Planning (Finance Wing F.R.I) Department, Dt. 27-10-1975 and published at page 1147 of Part I of the Andhra Pradesh Gazette, dated 20-11-1975. The amendment hereby made shall be deemed to have come into force on the 3rd April, 1975”.
Amendment
In the said notification for the words "provided that such cancellation shall not affect the cases in respect of which final decision has not been taken" the following shall be substituted, namely :—
"Provided that such cancellation shall not affect :—
(a) the previous operation of the said order or anything duly done thereunder;
(b) any right, privilege, or obligation or liability acquired, accrued or incurred under the order ; and
(c) any action or proceedings in respect of any such right, privilege, obligation or liability and any such action or proceeding may be continued, as if the said order has not been cancelled".
Note (iv) :—Subsequently in G.O.Ms.No. 364, Finance and Planning (FW - F.R.I) Department, dated 15-10-1977, the following notification is issued in cancellation of the notification issued in G.O.Ms.No. 197, Finance Department, dated 15-5-1976.
"In exercise of the powers conferred by the proviso to Article 309, read with Article 313 of the Constitution of India, the Governor of Andhra Pradesh hereby cancels the notification issued in G.O.Ms.No. 197, Finance and Planning (Finance Wing F.R.I) Department, Dt. 15-5-1976, published at page 580, Serial No. 98 of Part I of Andhra Pradesh Gazette, Dt. 10th June, 1976".