[Memo. No. 11302/FR-II/64-4, Finance Dept., Dt. 16-6-1964]
Ref. :—G.O.Ms. No. 357, Fin. (F.R.), Dt. 1-9-1962.
Order :—According to the proviso to F.R. 26(b)(ii)/H.C.S.R. 40(b)(ii) introduced in the G.O. first cited, the Government may direct that extraordinary leave shall be counted for increments in case where they are satisfied that the extraordinary leave was taken on account of illness or for any other cause beyond the Govt. servant's control or for prosecuting higher scientific or technical studies. A question has arisen whether the extraordinary leave granted in terms F.R. 54/H.C.S.R. 226(5), while regularising the period of absence from duty under suspension, falls within the scope of the aforesaid proviso to F.R. 26(ii)/H.C.S.R. 40(b)(ii).
After careful consideration and in consultation with the Government of India, it has been decided by Government that as the extraordinary leave granted to a Government servant in consequence of regularisation of the period of this absence from duty under suspension, cannot be treated as one granted due to any cause beyond the control of a Government servant such extraordinary leave should not be allowed to count for increments within the meaning of the proviso to F.R. 26(b)(ii)/H.C.S.R. 40(b)(ii), inasmuch as the Government servant had to remain under suspension due to his own faults and will have therefore to bear the consequential effects arising out of punishment imposed by the competent authority.