Saturday, July 12, 2014

SERVICE RULES AND LEAVE RULES




18. (a).
The half pay leave admissible to a Government Servant in permanent employ in
last grade service in respect of each completed year of service is 20 days.
(G.O.Ms.No. 165 Finance, dated: 17-08-1967)
(b). The half pay leave due may be
granted to a permanent Government servant in last grade service on medical
certificate or on private affairs.
Note: The leave already taken as leave on medical
certificate shall be debited against the leave due or admissible under this
rule.
1. The maximum limit for availment of
committed leave in conjunction with earned leave is removed vides G.O.Ms.No
384 Fin., Dated. 05-11-1977. The limit
needs to be removed if it is availed of in conjunction with other kinds of
leave also. If the leave already taken
exceeds the limit prescribed under this rule, no further leave, till the
excess debit is wiped off by accrual of half pay leave at the said rate shall
be granted, but the leave salary already granted shall not be affected.
(G.O.Ms.No.
300 Fin., Dated. 18-11-1965 and G.O.Ms.No. 143 Fin., Dated. 01-06-1968)
18-B:
Omitted-Vide G.O.Ms.No. 300 Fin., dated 18-11-1965
RULING
A permanent Government servant in
last grade service may be granted leave on medical certificate for the
treatment of tuberculosis or leprosy.
Provided
that a medicate certificate from the Government servant?s authorized medical
attendant or the Medical Officer in-charge of a recognized sanatorium, in the
case of those undergoing treatment in a recognized sanatorium, is produced. The prospect of returning to duty on the
expiry of the leave should be assessed on the basis of the certificate given
by the appropriate medical authority.
(G.O.Ms.No.
300 Fin., dated. 18-11-1965)
COMMUTTED LEAVE
18-B: Commuted leave not exceeding half the
amount of half pay leave due may be granted on medical certificate to a
permanent Government servant in last grade service subject to the following
conditions: -
(i).Commuted
leave during the entire service shall be limited to a maximum of 2 (one
hundred and eighty days).
(ii).When
commuted leave is granted, twice the amount of such leave shall be debited
against the half pay leave due.
(iii).The
total duration of earned leave and commuted leave taken in conjunction shall
not exceed two hundred and forty days.
Provided
that no commuted leave may be granted under this rule unless the authority
competent to sanction leave has reasons to believe that Government servant
will return to duty on its expiry.
Note: When commuted leave is granted to a
Government Servant under this rule and when the Government servant intends to
retire or resign subsequently, the commuted leave should be converted to half
pay leave and the difference between the leave salary in respect of commuted
leave and half pay leave should be recovered from him. An under taking to
this effect should, therefore, be taken from the Government servant whenever
commuted leave is sanctioned to him.
In all cases of resignation and voluntary retirement refund of excess
leave salary should be enforced, while in cases where the retirement is
compulsorily thrust upon him by reasons of ill-health in capacitating him for
further service 1(or in public interest) 2(or when he dies before resuming
his duty) on refund should be enforced.
(G.O.Ms.No.
300 Fin. Dated. 18-11-1965)




LEAVE NOT DUE
18-C: Save in the case of leave preparatory to
retirement leave not due may be granted to a permanent Government servant in
last grade service only on medical certificate for a period not exceeding 180
days during the entire service. Such leave will be debited against the half
pay leave the Government servant may earn subsequently.
Note
(1): Leave not due should be granted
only if the authority empowered to sanction
leave is satisfied that there is a reasonable prospect of the
Government servant returning to duty on the expiry of the leave and it should
be limited to the half pay leave he is likely to earn thereafter.
Note
(2): Where a Government servant who has been granted leave not due under this
clause applies for permission to retire voluntarily, the leave not due shall,
if the permission is granted, be cancelled.
Note
(3): With reference to Note (2), the retirement in such cases shall have
effect from the date on which such leave commenced. An undertaking to this effect should,
therefore, be taken from Government servants who avail of leave not due. The question whether a Government servant
should be called upon to refund the amount of leave salary should be decided
on the merits of each case. E.g. if the retirement is voluntary, refund
should be enforced. If it is
unavoidable by reasons of ill health incapacitating him for further service,
no refund need be insisted upon.
It has
further been decided that when leave not due is granted to Government servant
under the above rule and he applies for permission to retire voluntarily or
resigns of his won volition at any time after returning to duty, the question
of refund of leave salary in respect of leave not due already availed of
before return to duty shall, to the extent it has not been subsequently wiped
off, be treated in the same way as laid down in the preceding paragraph.
(G.O.Ms.No.
453 Fin Department Dated: 07-12-1971)
Note
(4): In cases where a Government servant who was granted -Leave not due- has
to retire under ?The Premature Retirement Rules 1975? he need not be called
upon to refund the leave salary for the period of- Leave not due- to the
extent it could not be earned.
This
will not cover cases of voluntary retirement under the premature Retirement
Rules 1975.
(G.O.Ms.No
290 Fin. Dated: 19-11-1981)
Note
(5): In cases where a Government servant is compulsorily retired from service
as a measure of penalty under The Andhra Pradesh Civil Service (Control,
Classification and Appeal) Rules 1963, the recovery need not be insisted
upon.
(G.O.Ms.No
290 Fin. Dated: 19-11-1981
EXTRA ORDINARY LEAVE
19.
Extra Ordinary leave may be granted to
a permanent Government servant in last grade service on the same terms as for
a permanent Government servant in superior service.
C.
NON-PERMANENT GOVERNMENT SERVANTS IN SUPERIOR OR LAST GRADE SERVICE.
EARNED LEAVE
20. A
non-permanent Government Servant -
(a). At the rate of one-eleventh of the period
spent on duty, if he is a probationer,
(b). At
the rate of one-eleventh of the period spent on duty, if he is employed in
the x-ray or Radium Departments of Government Medical Institution or employed
as a Medical Officer in a Government Tuberculosis Institution, or Sanatorium
or in the Tuberculosis Department of a Government Hospital; and
(c). At
the rate of one-twenty second of the period spent on duty, in other cases.
Provided
that a person coming under sub-clause (a) school cease to earn leave when he
has to his credit such leave amounting to 120 or 150 days, as the case may
be, upto 31st May, 1964 and to 180 days from 1st June, 1964 and a person
coming under sub-clause (b) or (c) above, shall cease to earn leave when he
has to his credit such leave amounting to 30 days.
(G.O.Ms.No.
11710/184/F.R1/68-1 dated. 03-09-1968)
Note: Government servants referred to in rule 20
(i) who are probationers and fall under rule 20(i)(a) shall be entitled to
avail compulsory leave for one month at the expiry of the period of every
11th month of duty as a probationer in the Departments and Institutions
mentioned in the said rule. Their
earned leave shall, for each period of compulsory leave of one month granted
to them every year, be reduced by 15 days.
(G.O.Ms.No.
249 Fin., Dated. 13-12-1967)
(i). If
he is in the last grade service, earns leave at the rate of one-twenty second
of the period spent on duty, provided that he shall cease to earn leave while
he has to his credit such leave amounting to 50 days, or 30 days, as the case
may be, according as he is an approved probationer or not.
(G.O.Ms.No.
344 Fin. Dated: 28-05-1955)
Note 1:
If a non-permanent Government servant is superior service is in a vacation
department his earned leave shall be reduced by fifteen days for each year of
duty in which he as availed himself of the vacation. If a part only of the vacation has been
taken in any year, the period by which the earned leave shall be reduced
shall be a fraction of fifteen days equal to the proportion which the part of
the vacation taken bears to the full period of the vacation. Earned leave is not, however, admissible a
last grade Government servant in vacation department, who is not in permanent
employ.
Note 2:
A member of the operation subordinate service or construction subordinate
service, when appointed to a post in the state cadre on probation or under
emergency provisions shall earn leave at the rate of one-eleventh of the
period spent on duty.
(G.O.Ms.No.
1907 Fin date 31-07-1960





RULING

When a
Government servant is appointed temporarily in the first instance and placed
on probation at a subsequent date with retrospective effect, his leave
account shall be recast with effect from the date of retrospective
regularization of his service, but the leave already availed of between that
date and the date of issue of orders regarding placing him on probation with
retrospective effect (or the date of return from leave, if he was on leave on
the latter date) shall not be altered in any manner and any additional leave
that becomes due as result of recasting of the leave account shall be availed
of only after the latter date.
(G.O.Ms.No.
250 Fin. dated. 13-12-1967.)
21. The amount of leave due is the amount of
earned leave diminished by
(a). The amount of earned leave
which has been taken; and
(b). One-half of the amount of
special disability leave taken on full pay under Fundamental rule 83 (7)(b).
22. The
maximum amount of earned leave that may be granted at a time to a temporary
Government servant shall be: -
(a). 120
days if he is a probationer is superior service:
(b). 50
days if he is a probationer in last grade service: and
(c). 30
days in other cases.
22-A.
Vacation may be availed of in combination with or in continuation of any kind
of leave admissible under these rules:
Provided
that the total duration of vacation and earned leave taken in conjunction,
whether such earned leave is taken in combination with or in continuation of
other leave or not, shall not exceed the limit prescribed in rule 22(a) or
(b) or (c) as the case may be
Provided
further that the total duration of vacation, earned leave and half pay leave
commuted on medical certificate and/or half pay leave shall not exceed 180
days.
(G.O.Ms.No.143,
Fin., Dated 1.6.1968, Govt., Memo. No. 17182/467/F.RI/66-B, Dated 12.8.1968)
HALF PAY LEAVE
23.(a)
(i) A temporary Government servant in
superior service/last grade service is entitled to half pay leave at the rate
of 20 days for each completed year of service.
He may
avail this leave only on medial certificate and after 20 years of service/One
year of service.
He may
commute half the amount of half pay leave due, on medical certificate, when
commuted leave is granted, twice the amount of such leave shall be debited
against the half pay leave due.
The
total duration of earned leave and commuted leave taken in conjuction shall
not exceed 180 days.
Provided
that no commuted leave may be granted under this rule unless the authority
competent to sanction leave has reason to believe that the Government servant
will return to duty on its expiry.
Note: When commuted leave is granted and when he
intends to retire of resign subsequently, the commuted leave should be
converted to half pay leave and the difference between the leave salary in
respect of commuted leave and half pay leave should be recovered from
him. An undertaking should, therefore,
be taken from the Government servant whenever commuted leave is sanctioned to
him. In call cases of resignation and
voluntary retirement refund of excess leave salary should be enforced, while
in cases where retirements is compulsorily thrust upon him by reasons of
ill-health incapacitating him from further service, no refund should be enforced.
(G.O.Ms.No.
143 Finance, dated: 01-06-1968)
EXTRA ORDINARY LEAVE (EOL)
23(a)
(ii), In the case of non-permanent Government servants, the duration of
extra-ordinary leave on any one occasion, shall not exceed the following
limits:
(a). 3 months;
(b). 6 months, in cases where the
Government servant has completed 3 years continuous service on the date of
expiry of leave of the kind due and admissible under the rules (including 3
months extra-ordinary leave under (a) above), and his request for such leave
is supported by a medical certificate as required under the rules;
(c). 18 months where the officer is undergoing treatment for;
(i).
Pulmonary tuberculosis or pleurisy of tubercular origin, in a recognized
sanatorium; or
(G.O.Ms.No.
32 Fin., Dated. 22-01-1972)
(ii).
Tuberculosis of nay other part of the body by a qualified tuberculosis
specialist or a civil surgeon; or
(iii).
Leprosy in a recognized leprosy institution or by a Civil Surgeon or a
Specialist in Leprosy recognized as such by the state Administrative Medial
Officer concerned.
Note
(1). The concession of extra-ordinary leave up to eighteen months will be
admissible also to a Government servant suffering from pulmonary tuberculosis
or pleurisy of tubercular origin who receives treatment at his residence
under a Tuberculosis Specialist recognized as such by the State
Administrative Medical Officer concerned and produces a certified signed by
that specialist to the effect that he is under his treatment and that he has
reasonable chances of recovery on the expiry of the leave recommended.
Note
(2). The concession of extra-ordinary leave up to eighteen months under this
sub-rule will be admissible only to those Government servants who have been
in continuous Government service for a period exceeding one year.
Note
(3). Government employees belonging to scheduled castes and scheduled tribes
may be granted extra-ordinary leave by the Heads of Departments only once, in
relaxation of the above limits to join pre-examination training courses at
the centers notified by the Government of India or by the State Government
from time to time.
(G.O.Ms.No.
63 Fin. Dated. 03-03-1980)
(d).
Twelve months: - where the Government servant is undergoing treatment for
cancer or for mental illness, in an institution recognized for the treatment
of such disease or by a Civil Surgeon or Specialist in such disease.
(e).
Twenty Four months: - where the leave is required for the purpose of
prosecuting studies certified to be in the public interest.
Provided that the Government
servant has completed 3 years of continuous service on the date of expiry of
leave of the kind due and admissible under the rules (including 3 months
extra-ordinary leave under item (a) above)
Note:
This concession will be admissible only to those Government servants who have
been in continuous Government service for a period exceeding one year.
(G.O.Ms.No.
24 Fin Dated. 16-01-1971 and G.O.Ms.No. 32 Fin, Dated. 22-01-1972)
23(b)
Unless the Government in view of the exceptional circumstance of the case
otherwise determines, no Government servant, who is not a permanent employee,
shall be granted extra-ordinary leave in excess of the limits prescribed in
sub-rule (a) of rule 23.
(G.O.Ms.No.
532 Fin. Dated. 01-12-1972)
(c). The
authority empowered to grant leave may retrospectively commute the periods of
absence without leave into extra-ordinary leave.
(G.O.Ms.No.
24 Fin. Dated. 16-01-1971)
EXECUTIVE INSTRUCTIONS REGARDING CLs AND Sp.CLs
ANNEXURE VII TO FUNDAMENTAL RULES
(See
Ruling (4) under Rule 85)
ORDINARY CASUAL LEAVE
1. Casual leave is not
provided for in the Fundamental Rules and is a concession to enable
Government servants in special circumstances to be absent from duty for short
period without such absence being treated as leave under the leave rules
applicable to the Government servant concerned.
2. No Government servant may
in any case be absent on casual leave for more than 12 days in the course of
one calendar year. Casual leave may be
combined with optional holidays or Sundays or other authorized holidays
provided that the resulting period of absence from duty does not exceed 10
days. The fact that a maximum has been
fixed for the amount of casual leave, which may be taken within a year, does
not mean that an officer is entitled to take the full amount of casual leave
as a matter of course.
(G.O.Ms.No.
2465, Fin., Dated. 23-12-1959 and G.O.Ms.No. 2094, Fin. Dated. 22-04-1960)
Note 1.
Agency Officers are permitted to add to the amount of casual leave taken by
them from time to time, the length of time that is required to enable them to
reach nearest plains station and to return there from to their headquarter. The Agency commissioner, waltair will fix
the time to be allowed in the case of each agency station taking into
consideration the most rapid means of travel that an officer can be expected
to employ.
Note 2.
In the case of grant of casual leave to a purely temporary and emergency
Government servant the sanctioning authority shall use its discretion having
regard to the length of service put in by such Government servant.
(G.O.Ms.No.
999 Fin. Dated 30-05-1959)
Note 3.
A Government servant may be granted casual leave for half a day either from
10:30 am to 1:30 pm or 2:00 pm to 5:00 pm.
(G.O.Ms.No.
112 Fin Dated. 03-06-1966)
3. Heads of Departments should
intimate their intention of taking casual leave to Government in the
Department concerned.
4. A register of casual leave
taken should be maintained in every office.
5. Members f works
establishment may be granted casual leave on full pay or on reduced wages.
6. Omitted. G.O.Ms.No 97 Fin
Dated. 24-04-1981.



SPECIAL CASUAL LEAVE
7(a)
Special casual leave not counting against ordinary casual leave may be
granted to a Government servant in the following circumstances: -
(i) And (ii) and Notes from 1 to 5
under (ii) are cancelled vide G.O.Ms.No. 10 Finance and Planning (F.W.FR-1)
Department, Dated. 24-01-1992.
(iii) When he is summoned to serve
as a juror or assessor or to give evidence before a court in the Indian Union
or Foreign Territory as a witness in civil and criminal cases in which his
private interests are not in issue, the leave to cover the total period of
absence necessary.
(iv). When with the permission of the Director of
Medical Services Director of Public Health, and Medical Office/Assistant
Director of Public health, Health Officer of public Health Department is
absent from his Head quarter, on business connected with Universities, the
leave to cover the total period of absence in necessary.
Note
(1). In the case of Medical Officers/Assistants Directors of Public Health,
Health Officers of the Public Health Department serving on their own accord
as examiners in the universities of other states, the period of their absence
from duty should be treated as regular leave and not as special casuals
leave. This does not apply to Medical
Officer, Assistant Director of Public Health, Health Officers of the Public
Health Department who at the special request of the Government of India or
State Governments, are deputed by the Government to undertake work on behalf
of Universities outside the state.
(G.O.Ms.No.
233, Fin Department Dated. 17-11-1966)
Note
(2). The period during which Medical Officers/Assistant Directors of Public
Health, Health officers of the Public health department are absent, with the
permission of the Director of Medical and Health Services, from their
Headquarters in order to attend the meeting of the Andhra Pradesh Medical
Council should be treated as Special Casual Leave.
(G.O.Ms.No.
212, Fin, dated. 22-07-1969)
(v)
Male Government employees, who undergo vasectomy operation under the family
welfare programme, will be eligible for special casual leave not exceeding 6
working days. If any employee
undergoes vasectomy operation for the second time on account of the failure
of the first operation, he will be eligible for a further special casual
leave not exceeding 6 days on production of a certificate from the medical
authority concerned to the effect that the second operation was performed due
to the failure of the first operation.
(G.O.Ms.No.
257, Fin & Plg Dated. 05-01-1981)
Note: The grant of special casual leave
shall be made applicable to construction subordinate service, operation
subordinate service, work charged establishment in the Nagarjuna Sagar
Project Organization and all other work charged establishments of others
projects.
(G.O.Ms.No.
272, Fin & Plg Dated. 11-10-1974)
(vi) (a). Female Government employees, who
undergo Tubectomy operation, whether puerperal or non-puerperal, will be
eligible for special casual leave not exceeding fourteen days.
(b). Female Government employees,
who undergo tubectomy operation for the second time on account of failure of
the first operation shall be eligible for special casual leave not exceeding
fourteen days again on production of a medical certificate from the medical
officer concerned to the effect that the second operation was performed due
to the failure of first operation.
(G.O.Ms.No.
124, Fin. & Plg., dated. 13th April 1982).
(vii).
Female Government Employees who undergo salpingectomy operation after Medical
termination of pregnancy (MTP) will be eligible for special casual leave not
exceeding 14 days.
(G.O.Ms.No.
257, Fin, dated. 05-01-1981)
(ix).
Male Government employees, whose wives undergo either puerperal or non
puerperal tubectomy operation for the first time or for the second time due
to failure of the first operation (under the family welfare programme) will
be eligible for special casual leave for 7 days, subject to the production of
a Medical Certificate stating that their wives have undergone tubectomy
operation for the second time due to failure of the first operation. It shall not be necessary to state in the
certificate that the presence of the Government employee is required to look
after the wife during her convalescence.
(x).
Male Government employees whose wives undergo tubectomy salpingectomy
operation after Medial Termination of Pregnancy (M.T.P) will be eligible for
special casual leave upto 7 days subject to the production or Medical
certificate stating that their wives have undergone tubectomy/salpingectomy
operation after medical termination of pregnancy. It shall not be necessary to state in the
certificate that the presence of the Government employee is required to look
after the wife during her convalescence.
(xi).
Government employees who require special casual leave beyond the limits laid
down for undergoing sterilization operation owing to the development of post
operative complications will be eligible for special casual leave to cover
the period for which he/she is hospitalized on account of post operational
complications, subject to the production of certificate from the concerned
hospital authorities/ an authorize medical attendant. In addition, the benefit of additional
special casual leave may also be extended to the extent of 7 days in the case
of vasectomy operation and 14 days in the case of tubectomy operation to such
Government servants who after sterilization do not remain hospitalized, but
at the same time are not found fit to go to work, subject to the production
of a medical certificate from the appropriate authority in the concerned
hospital/an authorized medical attendant.
(xii).
Government employees who undergo operation for recanalisation will be
eligible for special casual leave upto a period of 21 days or the actual
period of hospitalization as certified by the authorized medical attendant
whichever is less. In addition,
special casual leave can also be granted for the actual period of the to and
fro journey performed for undergoing this operation. The grant of special casual leave for
recanalisation operation without any commitment to the reimbursement of
medical expenses is subject to the following condition: -
1. The operation should have been
performed in hospital/medical college/institute where facilities for
recanalisation are available. If the
operation is performed in a private hospital it should be one nominated by
the State Government for performing recanalisation operation.
2. The request for grant of special casual
leave is supported by a medical certificate from the doctor who performed the
operation, to the effect that hospitalization of the Government servant for
the period stipulated therein were essential for operation and post operation
recovery.
3. The concession indicated above is
admissible to Government employee who: -
(a). Are
unmarried or
(b).
Have less the two children, or
(c).
Desire recanalisation for substantial reasons, e.g. a person has lost all
lost all male children or all female children after vasectomy/Tubectomy
operation performed earlier.
(xiii).
Special casual leave connected with sterilization, recanalisation under
family welfare programme may be suffixed as well as prefixed to regular leave
or casual leave. However, special
casual leave should not be allowed to be prefixed both to regular leave and
casual leave. Special casual leave
should either be prefixed to regular leave or to casual leave and not
both. Similarly, special casual leave
may be suffixed wither to regular leave or casual leave and not both. The intervening holidays and/or Sundays may
be prefixed or suffixed to regular leave, as the case may be.
(b). In
the cases coming under clauses (iii) and (iv) above, when the absence from
duty exceeds the period which may reasonably be treated as casual leave under
the discretion vested in the head of the office, the Government servant may
be granted for the entire period of absence such regular leave with leave
salary as may be due to him and thereafter extra-ordinary leave.
8. (1).
Special casual leave will be allowed to a Government servant participating in
sporting events for a period not exceeding 30 days in a calendar year. The period of absence in excess of 30 days
shall be treated as regular leave of the kind admissible under the relevant
rules applicable to the persons concerned.
For this purpose, Government servant may, as special case, be
permitted to combine special casual leave with regular leave but not with
regular casual leave.
The purpose for which and the
conditions under which special casual leave may be granted are indicated
below.
The special casual leave will be
allowed only: -
(a). For
participating in sporting events of National or International importance; and
(b).
When the Government servant concerned is selected for such participation
(c) In
respect of International sporting events by any one of the following
organizations as a member of a team which is accepted as representative on
behalf of Indi