F.R. 87

(1), (2), (3) & (4) [Not Printed]

Interpretation of the term “pay” in the expression “the pay which he would draw” occurring in clause (ii) of the proviso

[(5) This term should be interpreted as including “special pay” whether attached to a post or personal to particular Government servant, since in either case the Government servant would draw it in the post which he holds substantively].

[G.I., F.D., Letter No. F. 374 C.S.R. 26, Dt. 27-11-1926]

[(6) When a Government servant belonging to a cadre is actually holding substantively a particular permanent post in the cadre at the time of taking leave, he must be considered as the substantive holder of that particular post at the time and if a special pay is attached to that post, he may, if the other conditions of the first proviso to Rule 87 are fulfilled, draw leave-salary equal to his substantive pay plus the special pay which he was drawing at the time of taking leave].

[C.A.G's. Letter No. T. 717-A/167-38, Dt. 13-7-1938 to A.G., Central Revenues, received with the C.A.G's. Endt. No. 331-A/167-38, Dt. 16-7-1938]

Note :—When the special pays for typewriting and shorthand are not attached to any particular post but are sanctioned for a particular office or offices as a whole (e.g., special pays for shorthand and typewriting in the Judicial Department) a Government servant, who is in receipt of such special pay at time of proceeding on leave, cannot draw the special pay as part of the pay of the post held substantively by him at the time of taking leave under the first proviso to Rule 87, but can draw only average pay as defined in clause (2) of Rule 9.

(7) [Not Printed]

Interpretation of the words “at the time of taking leave” occurring in the same clause

[(8) The phrase “at the time of taking leave” denotes a point in time and that point is the moment at which leave begins. If therefore, a Government servant proceeds on leave with effect from the forenoon of a day on which an increment falls due, this increment cannot be taken into account in the calculation of his leave-salary. His increment does not begin to accrue until the previous midnight is past and by that time he is assumed to be on leave and therefore incapable of drawing increment because he is no longer on duty.

[G.I., F.D., Nos. F. 454-R.I. 27, Dt. 10-12-1927 & F. 454-R.I. 27, Dt. 23-3-1928]

(9) [Not Printed]

Leave-salary of approved probationers

(10) As under Subsidiary Rule 2 to Rule 104 approved probationers in superior service are eligible to be granted such leave as would be admissible to them if they held their posts substantively, their leave-salary should also be governed by conditions applicable to permanent Government servants. They should, however, be granted under Rule 87 average pay only during period of leave on average pay, as they have no substantive pay in respect of any permanent post held by them.

Definition of pay occurring in the rule

[(11) The term ‘pay’ in the expression “his pay is less than Rs. 300/-” occurring in the proviso should be interpreted according to the definition in Rule 9(21)].

[G.I., F.D., No. 143-X-C.S.R., Dt. 24-2-1925]

An increment falling due during leave on average pay for four months taken on other than the first occasion after 1st January, 1922 does not take immediate effect but only from the date of the Government servant to duty. This does not however have the effect of postponing date of accrual of future increments.

Commutation of leave

(12) [Not Printed]

[ Note : —A Government servant elected to take leave on average pay in India for a certain period followed by leave on half average pay in England for a further period, though for a portion of the latter he was eligible for leave on average pay. The reason was that for the period of leave on half average pay which he spent out of Asia, he found it advantageous to draw the minimum rate of leave-salary. He returned to India sooner than he expected and asked for the unexpired portion of his leave on half average pay to be commuted into leave on average pay as he could no longer enjoy the benefit of minimum leave-salary. By being allowed to take leave on half average pay first and then to commute a part of it into leave on average pay afterwards, an officer might manage to get average pay for a full year’s leave instead of only for 8 months. The Comptroller and Auditor-General has held that an action which would bring about such a result must be held to constitute a manipulation of the Fundamental Rules and that therefore such a commutation of leave on half average pay into leave on average pay would be incorrect].

[C.A.G's. Endorsement No. 536-255/27, Dt. 9-11-1927, communicating copy of his Letter No. 535-A, 255-27 to the Examiner of Customs Accounts, Calcutta, Dt. 9-11-1927]

(13) Not printed. In view of G.O.Ms. No. 437, Finance, 1976 this provision may not be operative. The Govt. have to consider to delete Ruling 13.

(14) Applications for extensions of leave by such a Government servant should be treated in the same way as similar applications from other non-gazetted servants.

(15) Not printed. The Govt. of A.P. may consider to delete as leave salary is equal to pay drawn by the Govt. employee, before proceeding on leave, this Ruling is not operative.