F.R. 82

(1) [Not Printed]

Leave earned by Government servants of vacation departments on coming under the Fundamental Rules

(2) The reduction by one month for each year of duty in which the Government servant has availed himself of the vacation is required to be made under this rule is intended to be made, in respect of leave earned and vacation from 1st January, 1922.

Thus, in the case of Government servants of vacation departments the leave credited to their leave account under Rule 77 will be :—

(1) Privilege leave at their credit on the 1st January, 1922 i.e., privilege leave earned under Article 272 or 275, Civil Service Regulations, plus,

(2) one-eighth (or one-twelfth) of the period spent on duty on vacation (or privilege leave) upto 31st December, 1921, plus,

(3) five-twenty seconds (or two-elevenths) of the period spent on duty or vacation from 1st January, 1922.

From this reduction will be made of one month for each year on duty on which Government servant avails himself of the vacation after 1st January, 1922. Similarly the total leave admissible under Rule 81(a) & 81(b) will be reduced by one month for each year of duty in which the vacation is taken after 1st January, 1922.

(3) to (13) [Not Printed]

Medical officers treated as belonging to Vacation Department

(14) (i) The rule is not applicable to Medical Officers who are not solely employed in teaching. Such officers, cannot, therefore, be permitted to take the school or college vacation. Any period or absence during the period should be treated as leave under the ordinary rules. (ii) Lists of appointments (Medical) the holders of which are considered to be solely employed in teaching for purposes of vacation :—

ANDHRA MEDICAL COLLEGE, VISAKHAPATNAM

Anatomy Department

1 Professor of Anatomy

2 Assistants to the Professor of Anatomy

1 Demonstrator in Anatomy

Physiology Department

1 Professor of Physiology

2 Assistants to the Professor of Physiology

2 Demonstrator in Physiology

Pharmacology Department

1 Professor of Pharmacology

1 Assistant to the Professor of Pharmacology

Biology Department

1 Lecturer in Biology

1 Demonstrator in Biology

Chemistry Department

1 Lecturer in Chemistry

2 Demonstrator in Chemistry

Physics Department

1 Lecturer in Physics

1 Demonstrator in Physics

1 Pharmacist

1 House-keeper attached to the Women's Hostel

1 Physical Director

GUNTUR MEDICAL COLLEGE, GUNTUR

Anatomy Department

1 Professor of Anatomy

2 Tutors in Anatomy

4 Medical Demonstrators in Anatomy

Physiology Department

1 Professor of Physiology

2 Tutors in Physiology

2 Medical Demonstrators in Physiology

Bio-Chemistry Department

1 Professor of Bio-Chemistry

1 Tutor in Bio-Chemistry

1 Non-Medical Assistant to the Professor of Bio-Chemistry

(Till the Hospital work starts)

[Director of Medical Services letter No. P. 159-E. 1/50, Dt. 9-9-1950 to the A.G. and Fin., Memo. No. 11596, C.S.R., Dt. 14-3-1952] 1 Lecturer in Chemistry

Chemistry Department

1 Non-Medical Demonstrator in Chemistry

Physics Department

1 Lecturer in Physics

1 Non-Medical Demonstrator in Physics

Biology Department

Lecturer in Biology

1 Non-Medical Demonstrator in Biology

OSMANIA MEDICAL COLLEGE, HYDERABAD

History of Medicines Department

1 Professor

1 Personal Assistant

1 Steno-Typist

1 Peon

1 Photo Artist

College of Nursing

Principal

Assistant Professors

Lecturers, and

P.H. Nurses

(15) If a Government servant of the vacation department does duties during vacation and separately remunerated therefor, he should not be considered as having been deprived of vacation.

(16) The Lecturer in Engineering Agricultural College, shall forego his vacation when the college is closed.

(17) For purposes of leave the law officers in the City, viz., the Advocate-General, the Government Pleader, the Public Prosecutor and the Administrator-General and Official Trustee and their establishments shall be treated as belonging to a non-vacation department.

Transfers from vacation to non-vacation department and vice-versa in the middle of vacation

[(18) When a Government servant is transferred from a vacation to a non-vacation department in the middle of a vacation, he should be treated as having been transferred to the non-vacation department from the close of the current vacation and a proportionate deduction made in his leave account in respect of that vacation by reason of his enjoying a part of it. Likewise when a Government servant is transferred from a non-vacation to a vacation department in the middle of a vacation, service in the vacation department should be held to have commenced from the close of the previous vacation but a proportionate reduction only should be made in his leave account in respect of the current vacation which he could enjoy only in part due to his being on duty in the non-vacation department]. [A.G's Orders, Dt. 18-12-1931]

Calculation of period of vacation

[(19) In the cases of a District Munsif, transferred during the recess from a Court which took its vacation late to one which took it early, the deputation to be made under this rule should be based on the period of vacation enjoyed, excluding that of six weeks' recess (six weeks being the period of the annual recess for District Munsif Courts) which the District Munsif was precluded from enjoying by reason of his transfer. In making the calculation, the time actually spent in travelling from one station to the other and not the full joining time admissible under the rules, should be added to the period by which the recess actually enjoyed fell short of six weeks].

Note :—The above calculation should not, however, be adopted when an officer is transferred to another Court on the expiry of leave to which vacation has been affixed. In such cases, no concession is admissible.

Vacation in the course of leave

(20) When vacation occurs in the course of leave and is then debited to a leave account of a Government servant in a vacation department, a reduction under Rule 82(b) should not be made in respect of such a vacation.

(21) A vacation or part of a vacation included in a period of maternity leave should be treated as vacation.

A vacation department is a department, or part of a department, to which regular vacations are allowed, during which Government servants serving in the department are permitted to be absent from duty.

Any period of recess which exceeds 15 days in duration shall be treated as a vacation for the purposes of Rule 82. The following classes of Government servants are in vacation departments and when the conditions of Subsidiary Rule 1 are fulfilled :—

(a) Educational officers other than Inspecting Officers and their establishments ; the staff in professional colleges and schools such as the veterinary college, where they enjoy a vacation and teachers employed in the schools and training institutions under the control of the Fisheries Department;

(b) Judicial officers, other than District and Sessions Judges, Additional District and Session Judges, Magistrates and Indian Civil Service Officers undergoing judicial training and Official Receivers, and the establishments of all Judicial Officers other than Magistrates and Official Receivers;

(c) Medical and Forest Officers solely employed in teaching or undergoing a course of training in a teaching institution except Curators of Pathology Museums in Medical Colleges;

Note :—The non-medical posts of Assistants to the Lecturer in Pharmaceuticals shall also be treated as posts belonging to a vacation department.

(d) Officers and staff of the Andhra Pradesh Administrative Tribunal;
[G.O.Ms. No. 99, Fin. & Plg., Dt. 30-3-1978]

(e) Any other Government servant whom the State Government may declare to be so serving.

An officer holding two appointments, one in a vacation department, and the other not, will not be deemed to be employed in a vacation department.

Note :—In districts where the scheme of separation of the Judiciary from the Executive is in force, District Munsifs who are also Sub-divisional Magistrates within their jurisdiction will close their Courts on the civil side for the vacation but will have to work as Sub-divisional Magistrates during the vacation. They will be denied the benefit of vacation and treated therefore as officers prevented from availing themselves of the whole or part of the vacation, as the case may be. They will accordingly be given the benefit of appropriate addition to their leave accounts under Subsidiary Rule 6. Similar arrangements will govern the members of the staff of such Court also.

The above arrangements apply only to the District Munsifs-cum-Sub- Divisional Magistrates and not to the District Munsifs who are First-Class Magistrates in any district.

In case of doubt the State Government will decide whether or not a particular Government servant is serving in a vacation department.

(a) A Government servant, serving in a vacation department, shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required, by general or special order of a higher authority, to forego such vacation or portion of a vacation :

Provided that, if he enjoys not more than 15 days of the vacation, he shall be considered to have availed himself of no portion of it. A Government servant who has routine duties to discharge during the vacation, which do not require his presence at his place of duty and which can be performed either by himself at some other place or by some other Government servant, shall be considered to have availed himself of a vacation or a part of it ; a Government servant who leaves his place of duty during a vacation is expected to arrange for, and is responsible for, the performance, without any cost to Government, of such routine duties. A Government servant who leaves his place of duty during vacation is liable to be recalled thereto at his own expense.

[6. (b) A Government Servant when required by general or special order of higher authority to stay at the place of duty during vacation shall not be considered to have foregone vacation to the extent of such stay. The extent to which an employee is considered to have foregone vacation is the one that was actually spent in attending to the duties assigned.]

[G.O.Ms. No. 114, Finanace (FR.I), Dt. 28-04-2005]

When a Government servant is transferred from a vacation department to a non-vacation department, his period of service in the former will, for the purposes of Rule 82(b), be considered to have terminated with effect from the close of the last vacation enjoyed by him. When a Government servant is transferred from a non-vacation department to a vacation department, his period of service in the latter will be held to have commenced from the date of expiry of the last vacation previous to such transfer.