Leave ordinarily begins on the day on which transfer or change is effected and ends on the day preceding the day on which charge is resumed. The State Government may, however, make rules defining the circumstances in, and the conditions on which Sundays or other recognised holidays may be prefixed or affixed to leave.
[G.O.Ms.No. 361, Fin., Dt. 2-11-1964 & G.O.Ms.No. 158, Fin., Dt. 26-5-1969]
(1) The joining time of a Government servant who returns from leave out of India and disembarks not at the first port of call in India, but at another such port, should be reckoned from the date of arrival of vessel at the second or subsequent port at which he actually disembarks whether the sea journey from the first port of call in India to the subsequent port of disembarkation is made in the same steamer which takes him to the first port of call or in some other steamer.
[(2) The second sentence of Rule 68 will not be applicable in the case of officers returning from leave out of India exceeding four months. The joining time, whenever admissible, should be regulated under Rule 105(b)(i)].
[C.A.G's. Letter No. 92-A/34-39, Dt. 13-2-1939]
(3) Holidays preceding vacation which is prefixed to leave should be excluded from calculation for purposes of reckoning—
(a) the maximum amount of leave on average pay admissible at any one time ; and
(b) the period during which the maximum of average pay does not apply ;
Holidays intervening between vacation and leave should however be treated as part of the vacation for all purposes. But where holidays intervene between two spells of leave, whether such holidays are in combination with vacation or not, they should be treated as leave. Under Subsidiary Rule 4 under Rule 68, a vacation be interposed between two periods of leave and when a vacation falls between two periods of leave, it should be treated as leave.
(4) Saturdays excepting the Second Saturdays of a month shall not be treated as gazetted holiday for the staff employed in educational institutions.
(5) Local holidays notified in the district gazettes cannot be permitted to be prefixed to leave as such notification cannot be regarded as 'notification by Government' in the Gazette contemplated in the explanation 2 to Subsidiary Rule 2 under Rule 68.
[Accountant-General's Orders, Dt. 13-9-1940]
(6) In the case of District and Sessions Judges, where vacation is combined with leave, any portion of the vacation that is not covered by medical certificate should be taken into account in calculating the maximum limit of four months on average pay that may be taken at any one time without medical certificate.
When the day immediately preceding the day on which a Government servant's leave begins or immediately following the day on which his leave expires is a holiday or one of a series of holidays, the Government servant may leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays provided that :—
(a) his transfer or assumption of charge does not involve the handing or taking over of securities or of moneys other than a permanent advance ;
(b) his early departure does not entail a correspondingly early transfer from another station of a Government servant to perform his duties ; and
(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.
On condition that the departing Government servant remain responsible for the moneys in his charge, the head of the department concerned may declare that proviso (a) under Rule 1 is not applicable to any particular case.
Unless the authority sanctioning the leave on transfer in any case otherwise directs—
(a) if holidays are prefixed to leave, the leave and any consequent re-arrangement of pay and allowances take effect from the first day after the holidays, and
(b) if holidays are affixed to leave, the leave or joining time is treated as having terminated on, and any consequent re-arrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been affixed.
Explanation 1 :—In deciding whether the absence of a Government servant during holidays involves the transfer of a Government servant from another station for the purpose of this rule, account should be taken only of the substitute who takes the place of the Government servant, not of all the Government servants in the chain of arrangements arising from one Government servant's absence on leave.
Explanation 2 :—The term “ holiday ” used in Rules 1 and 3 above should be held to mean—
(a) a holiday prescribed or notified by or under Section 25 of the Negotiable Instruments Act, 1881 or restricted (i.e., optional holiday), and
[G.O.Ms.No. 478, Fin., Dt. 7-12-1969]
(b) with reference to any particular public office, a day on which such office is ordered, by notification of Government in the Gazette, to be closed for the transaction of public business without reserve or qualification.
The term does not include a vacation except in the case of District and Sessions Judges and Additional Sessions Judges nor such local holidays as may be granted at the discretion of heads of offices nor holidays which are merely permissible or discretionary.
Note :—When a Government servant is certified medically fit for joining duty, holiday(s), if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any preceding the day he is so certified shall be treated as part of the leave. When the certificate is of a date intervening the holidays, the entire period of holidays may be treated as part of leave.
[G.O.Ms. No. 319, Fin. & Plg., Dt. 18-12-1981]
In the case of District and Sessions Judges, and Additional District and Sessions Judges, the term “ holidays ” includes vacation subject to the condition that the period of the vacation is treated as leave for purposes of—
(a) the maximum amount of leave on average pay admissible at any one time under Rule 81 (b) except when leave on average pay does not exceed four months and is not combined with any other leave ;
(b) the maximum period of absence from duty under Rule 81(d), and
(c) the first four months of leave on average pay under Rule 89.
Note :—The restrictions in clauses (a) to (c) apply to all cases where vacation is prefixed to leave, even though the officer may not cease to discharge the duties of the post till after the vacation.
The following procedure is prescribed when vacation or gazetted holidays are permitted to be prefixed or affixed to leave :
(i) When they are prefixed to leave, the Government servant proceeding on leave will report before leaving the station, or if for urgent reason the leave is granted during vacation or gazetted holidays, as soon as it is granted that he will cease to discharge the duties of his post with effect from the end of vacation or holidays. The relieving Government servant will then assume the duties of the post at the end of the vacation or holidays in the ordinary course. (ii) When a vacation or holidays are affixed to leave, the officiating Government servant will be relieved in the ordinary way before the vacation or holidays, and the officer on leave will return at the end of the vacation or holidays but will be regarded as having assumed the duties of the post with effect from the commencement of the vacation or holidays.
(iii) Except in cases covered by (i) and (ii) above, instruction under Rule 17, which requires transfer of charge certificates to be signed by both the relieved and relieving officers on the day on which charge is transferred should be strictly followed.
