(1) Subject to the conditions hereinafter specified the State Government may grant special disability leave to a Government servant whether, permanent or temporary, who is disabled by injury intentionally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position.
(2) Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice. But the President of India, if he is satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.
(3) The period of leave granted shall be such as is certified by a Medical Board in the case of Gazetted Government servants and Civil Surgeons in the case of non-Gazetted Government servants to be necessary. It shall not be extended except on the certificate of a Medical Board in the case of Gazetted Government servants and Civil Surgeons in the case of non-Gazetted Government servants and shall in no case exceed 24 months.
Note :—If the period of leave recommended does not exceed two months a certificate from a Govt. Medical Officer shall be sufficient. [G.O.Ms. No. 40, Fin., Dt. 3-6-1961] (4) Such leave may be combined with leave of any other kind.
(5) Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.
(6) Such leave shall be counted as duty in calculating service for pension, and shall not, except as provided in Rule 78(b), be debited against the leave account.
(7) Leave salary during such leave shall be equal—
(a) for the first four months of any period of such leave, including a period of such leave granted under clause (5) of this rule, to average pay, and
(b) for the remaining period of any such leave to half average pay, or at the Government servant's option, for a period not exceeding the period of average pay which would otherwise be admissible to him, to average pay :
Provided that the maxima specified in the table in sub-rule (2) of Rule 89 shall notwithstanding anything contained in that rule apply to the whole period of such leave and the minima specified in the table in Rule 90 shall apply when leave salary during such leave is equal to half average pay, subject to the conditions stated in that rule and the notes thereunder.
(8) In the case of a person to whom the Workmen's Compensation Act, 1923, applies the amount of leave salary payable under this rule shall, with effect from the 1st July, 1924, be reduced by the amount of compensation payable under Section 4(1)(d) of the said Act.
(9) The provisions of this rule apply to a civil servant disabled in consequence of service with a military force, if he is discharged as unfit for further military service, but is not completely and permanently incapacitated for further civil service, and to a civil servant not so discharged who suffers a disability which is certified by a Medical Board to be directly attributable to his service with a military force ; but in either case, any period of leave granted to such a person under military rules in respect of his disability shall be reckoned as leave granted under this rule for the purpose of calculating the period admissible.