F.R. 86

Application of the Rule

(1) This rule simply limits the amount of leave that may be granted to Government servants who have reached or are about to reach the date on which they are required to retire. The kind of leave and the leave salary are determined not by this rule but by the general rules in Rules 81 and 87. The proviso to Rule 81(b)(ii) should therefore be held to apply in cases of leave granted under Rule 86.

The Government of India have ruled that the limit of six months laid down in Rule 86(b) should be held to include periods of vacation prefixed or affixed to leave.

This ruling of the Government of India will be applicable to the officers under the rule-making control of the State Government also.

[(2) A Government servant retained in service after the age of compulsory retirement is entitled to earn leave under clause (b) of Rule 86 and a debited balance, if any, on the date he attained that age should be considered as wiped off].

[G.I., F.D., No. F. 12(31)/R.I/32, Dt. 30-5-1932]

[(3) Compulsory recall of an officer from leave preparatory to retirement should be deemed to be a constructive refusal of the balance of leave unenjoyed for purposes of Rule 86]. [G.I.F.D. Letter No. F. 7(12) R. I. /41, Dt. 10-3-1941]

(4) While the amount of the leave refused under Rule 86 (a) is fixed, the quality of that leave (i.e., on average or half average pay) whether it is taken before or after the date of compulsory retirement or after the date of final cessation of duties may be varied within the normal leave rules to the advantage of the Government servant concerned in accordance with the leave earned and standing to his credit on the date on which he proceeds on leave prior to the date of compulsory retirement whenever he takes a portion of his refused leave before that date ultimately on the date of his compulsory retirement, and no second application for leave in sufficient time and its refusal are necessary merely to ensure this variation. Similarly, the character of any period of leave on average pay admissible under Rule 86(a), original or so modified, may, if the Government servant so desires, be converted within the quantum admissible into a portion on average and the balance on half average pay. No such conversion however is admissible in respect of the leave on average pay (not in terms of average pay) earned under (b) clause of this rule.

(5) Leave sanctioned preparatory to retirement but which could not be enjoyed due to the exigencies of public service may be treated as a constructive refusal of leave for purposes of Rule 86.

[(6) When a Government servant who has proceeded on leave preparatory to retirement is required for employment during such leave in any post under the Government, he will be recalled to duty and the unexpired portion of his leave from the date of rejoining duty will be cancelled. The leave so cancelled will be treated as leave refused under Rule 86, and it may be granted from the date of compulsory retirement of the Government servant. Such recall will be treated as optional for the purposes of Rule 70]. [G.O.Ms.No. 882, Finance, Dt. 19-7-1952]

(7), (8), (9) & (10) [Not Printed]

[(11) Leave taken during the period of extension should be debited first against the credit of leave earned during such extension, until it is exhausted, and then against any credit of leave refused under Rule 86(a) and carried forward under Rule 86(b)]. [C.A.G's. Letter No. 405 A/259-40, Dt. 29-11-1940]

(12) [Not Printed]

[(13) Rule 86 (b) as amended by Government of India, Finance Department, Notification No. F. 7(66)-R.I./40, Dt. 17-10-1940, necessitates a change in the existing method of maintaining the leave account during the period of extended service. Under the old Rule 86(b) the leave admissible to a Government servant who was retained in service after the date of compulsory retirement, whether during the period of extended service or on the expiry of it, was granted against the total credit of leave due and not separately against the leave refused under clause (a) of the rule and carried over, and the leave earned under clause (b) during the period of extension. Under the amended rule it will, however, be necessary to exhibit in the leave account the two component parts of the total credit as distinct and separate items and to grant leave against the balance of either the one or the other of the two categories of leave. As it would be advantageous to the Government servant to consume first the leave earned during the period of the extended service and then the leave carried forward, which would be free from the restriction of 'application in sufficient time', it has been decided with the concurrence of the Government of India that the leave taken during the period of extension should be debited first against the credit of leave earned during that period, until it is exhausted, and then against any credit of leave refused under Rule 86(a) and carried forward under Rule 86(b)].

(14) The leave earned by the period of duty intervening between the refusal of leave pending retirement and the date of compulsory retirement is merged in the common pool in the leave account and forms an indistinguishable part of the total leave at credit the whole of which, with the exception only of the net amount of leave refused, lapses under clause (a) of Rule 86 on the date of compulsory retirement. The grant of any leave between the date from which the "refusal of leave" took effect and the date of superannuation should, therefore, be held to be a grant of leave against the amount of leave originally refused. The amount of leave admissible under clause (a) after superannuation in such a case is, therefore, the amount of leave originally refused minus the amount of the post-refusal leave enjoyed and this difference is subject to a maximum of six months. This principle applies equally to leave available under clause (b), including that earned in respect of duty during a period of refused leave.

(15) Mr. X who was due to retire on superannuation pension on 16th September, 1947, applied for leave on average pay for four months from 10th February, 1947 which was refused by Government in the exigencies of public service. He again applied for three months and six days' leave from 10th June, 1947 which was again refused by Government except for fifteen days. The Officer again applied for the leave from 16th September, 1947. The question arose whether he should be given leave on 16th September, 1947 :—

the amount of refused leave for three months and six days less fifteen days, or

the accumulated refused leave of four months, and three months and six days subject to a maximum of six months, or

the longest of the two periods of refused leave, viz., four months.

The Comptroller and Auditor-General decided that the officer can be granted after the age of superannuation only the leave preparatory to retirement that was refused, viz., three months and six days less fifteen days availed of. The four months' leave on average pay applied for by him was not preparatory to retirement and hence its refusal by Government in the interest of public service does not entitle him to the protection of Rule 86 after the date of superannuation.

All leave under Rule 86 shall be granted only by Government.

When the Government servant is permitted by a special order to avail himself of the period of leave refused within the meaning of Rule 86, during re- employment or on the termination of re-employment, the leave taken during the period of re-employment shall be debited first against the credit of leave earned during that period, until it is exhausted, and then against any credit of leave refused under Rule 86 (a) and allowed to be carried forward.