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  • Rule - 1.
  • Rule - 2.
  • Rule - 3.
  • Rule - 4.
  • Rule - 5.
  • Rule - 5-A.
  • Rule - 6.
  • Rule - 6-A.
  • Rule - 7.
  • Rule - 8.
  • Rule - 9.
  • Rule - 10.
  • Rule - 11.
  • Rule - 12.
  • Rule - 13.
  • Rule - 14.
  • Rule - 15.
  • Rule - 15-A.
  • Rule - [3][15-B.
  • Rule - 15-C.
  • Rule - 16. Extraordinary Leave
  • Rule - 17. Earned Leave
  • Rule - 18.
  • Rule - 18-A.
  • Rule - 18-B.
  • Rule - 18-C.
  • Rule - 19.
  • Rule - 20.
  • Rule - 21.
  • Rule - 22.
  • Rule - 22-A.
  • Rule - 23.
  • Rule - 26.
  • Rule - 27.
  • Rule - 28.
  • Rule - 29.
  • Rule - 30.

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ANDHRA PRADESH LEAVE RULES, 1933

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ANDHRA PRADESH LEAVE RULES, 1933

SECTION I PRELIMINARY AND GENERAL

Rule - 1.

These rules may be called the Andhra Pradesh Leave Rules, 1933.

Rule - 2.

They shall apply to the holders of all posts under the rule making control of the State Government, whether for the time being in foreign service or not:

(a)      who, before the 4th September, 1933, were neither the holders of posts under and such control in a substantive, officiating or temporary capacity nor probationers for such posts: or

(b)      who, before the said date, were either the holders of such posts in such capacity or probationers therefor and who elect within six months from the said date to come under these rules;

(c)      who, being employees of the erstwhile State merged in the composite State of Madras, elect to come under these rules:

Provided that nothing contained in these rules shall apply to members of any establishment:

(i)       who would not have been eligible for leave under the Fundamental Rules or the Civil Service Regulations had they continued in force in respect of the matters dealt with in these rules, or

(ii)      the grant of leave to whom is governed by rules made in exercise of the powers conferred by Fundamental Rule 2.

Explanations:--

(1)     These rules shall apply in their entirety to every person who elects under clause (b) to come under these rules.

(2)     Such election, when once made, shall be final.

Exception:-- Persons who entered service as Local Fund Assistant Engineers before the 4th September, 1933, and were eligible for leave under the Fundamental Rules will continue to be eligible for leave under those rules when they are sub-sequently appointed as District Assistant Engineers on or after the 4th September, 1933, and were eligible for leave under the Fundamental Rules shall, on appointment as District Board Engineers, be eligible for leave under the Andhra Pradesh Leave Rules, 1933, but they shall retain in their leave account any leave at their credit on the date of their appointment as District Board Engineers.

Rulings

(1)     Scope of rule 2:--

Government servants, who before the 4th September, 1933, were holders of posts in a substantive, officiating or temporary capacity or were probationers for such posts, are eligible for leave under the Fundamental Rules, unless they have elected the Andhra Pradesh Leave Rules, 1933, irrespective of any break in their service before or after 4th September, 1933.

Note:--If the break in the service of such a Government servant was, however, due to his resignation from public service, he will be on re-employment to Government service, be eligible for leave only under the Andhra Pradesh Leave Rules, 1933.

(2)     The protection to the leave rules in the Fundamental Rules conferred by Rule 2 of the Andhra Pradesh Leave Rules, 1933, is applicable only to persons who had commenced to earn leave under the Fundamental Rules before 4th September, 1933.

(3)     Clause (ii) of the proviso is intended to meet the case of salaried industrial employees of the Government Press vide G.O.No. 156, Finance, Dt. 21-2-1930, and other cases if any, in which leave concessions otherwise than in accordance with the ordinary rules in the Fundamental Rules, have been granted specifically under Fundamental Rule 2 or which have to be treated as having been sanctioned by virtue of the powers conferred by that rule.

(4)     The employees of the erstwhile States merged with the composite Madras State working in this State shall continue to be governed by the State Leave Rules till they are absorbed in Government service. On absorption in Government service, they shall be allowed the option either to continue under the State Leave Rules (vide Annexure) or to elect the Andhra Pradesh Leave Rules, 1933. Such option shall be exercised within a period of six months from the date of absorption in Government service and once exercised shall be final. Those who elect to come under the A.P. Leave Rules, 1933, shall be subject to those rules from the date of absorption in Government service.

The leave account of every person who elects to come under the Andhra Pradesh Leave Rules, 1933, shall:--

(i)       in regard to earned leave, be credited with the amount of privilege leave or leave on average pay to his credit on the date on which he so elects, subject to the maxima prescribed in rules 8, 17 or 20 of the Andhra Pradesh Leave Rules, 1933, as the case may be, and

(ii)      in regard to unearned leave, be debited with the amount of furlough or similar kinds of leave on half average pay whether with or without medical certificate already taken by him before the said date, either as leave on private affairs or as leave on medical certificate as the case may require. In such cases, if the leave taken under the State Leave Rules exceeds the limits prescribed in the Andhra Pradesh Leave Rules, 1933, for leave on private affairs and leave on medical certificate no further unearned leave shall be granted to the employees concerned, but the leave already granted shall not be affected.

Rule - 3.

These rules shall come into force on the 4th September, 1933.

Rule - 4.

In these rules unless there is anything repugnant in the subject or context:--

(a)      "duty" does not include any period of absence on any leave admissible under these rules or under the Fundamental Rules read with Rule 5 of these rules but includes :--

(i)       any period of absence on casual leave during a continuous period spent on duty;

(ii)      any period of absence on gazetted holidays or other days declared to be holidays by a competent authority, during a continuous period spent on duty ;

(iii)     any period of absence on gazetted holidays when permitted to be prefixed or affixed to leave;

(iv)    any period of absence during the vacation either during a continuous period spent on duty or when permitted to be prefixed or affixed to leave;

(v)      any period spent on foreign service if contribution towards leave-salary is paid on account of such period;

(vi)    joining time ; and

(vii)   all periods declared to be on duty under Fundamental Rule 9(6) (b) and the subsidiary rules made thereunder ;

(b)      (i) "Government Servant" means any person to whom these Rules apply;

(ii) "Permanent Government Servant" means a Government servant who holds substantively a permanent post in superior or Last Grade Service or who hold a lien on such a post or would hold such a lien had it not been suspended;

(iii) "Non-Permanent Government Servant" means a Government servant who is not a permanent Government servant,

(c)      "State Government" means the Government of Andhra Pradesh; and

(d)      (i) "Pay" means the greater of the amounts specified below.

(a)      the substantive pay (including special pay, overseas pay, technical pay, personal pay, and any other emoluments classed as pay) on the date before the leave commences, or

(b)      that average monthly pay (including special pay, overseas pay, technical pay, personal pay and any other emoluments classed as pay) earned during the ten complete months preceding the month in which the leave commences.

(c)      An officer who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on leave

CERTIFICATE

Certified that on [1]......................................Shri/Shrimati/Kumari ...................has been continuously officiating in the Post[2]...........................for more than three years inclusive of the following period during which he/she would have officiated in that post but for the following events :--

From   

 To

(1)     Periods of officiation in the specified post.

(2)     Periods of officiating in equivalent or higher posts in the same Department.

(3)     Periods of deputation.

(4)     Foreign service.

(5)     Periods of leave.

Signature

Designation :

(ii)"half pay" means half the substantive pay (including special pay, overseas pay, personal pay and other emoluments classed as pay) on the day before the leave commences.

Notes (1) to (3):--Omitted by G.O.Ms.No. 509, Fin., Dt. 15-12-1976.

Note (4):--For the purpose of sub-clauses (i) (ii) of this clause 'Special Pay' drawn by non-cadre Deputy Secretaries to Government with reference to para 2 of G.O.Ms.No. 1656, General Administration (Special-A) Department, Dt. 30-9-1957, and the Special Pay drawn by Draftsman to Government in the Law Department, shall be treated as pay.

Note (5):--For the purpose of sub-clause (i) and (ii) of this clause 'Special Pay' drawn by the Sub-Inspectors and Reporters of the Andhra Pradesh Shorthand Board, Hyderabad will be treated as pay]. 

Note (6) :--For the purpose of sub-clauses (i) and (ii) of this clause, the Special Pay, of Rs. 150 paid of the Joint Secretary to Government, Law Department, in lieu of higher scale of pay shall be treated as pay].

Note (7):--For the purpose of sub-clauses (i) and (ii) of this clause all the Special pays drawn by the strictly confidential staff working in the General Administration and Home Departments will be treated as pay]. [G.O.Ms.No. 234, Fin., Dt. 1-7-1968]

Please Note: The notes (1) to (7) omitted by G.O.Ms.No. 509, (Fin), Dt. 15-12-1976.

Note (8):--For the purpose of sub-clause (i) and (ii) of this clause Special Pay drawn by the Special Branch Staff of C.I.D., consisting of the Manager, S.B.

Clerks working as camp clerks to the I.G.P. and additional I.G.P. and Section Heads in Special Branch, C.I.D. will be treated as pay.]

(e)      (i) 'half pay leave' means leave earned in respect of completed years of service.

(ii) 'half pay leave due' means the amount of leave calculated at the rate of twenty days per every completed year of the entire service, diminished by the amount of leave on private affairs and leave on medical certificate under the terms of unearned leave' before the terms of half pay leave became applicable.

Note:--The term entire service' does not include emergency service.

Rulings

The pay in excess of that admissible under the State Government or the special pay or the deputation allowance drawn while on foreign service will not be taken into account for the purpose of calculating leave-salary.

For the purpose of sub-clauses (i) and (ii) of this clause the deputation allowance in the nature of special pay drawn by Govt. Servants while on deputation to other Governments will be treated as pay).

Rule - 5.

The Fundamental Rules as-issued and amended from time to time by the President of the Republic of India and the subsidiary rules as issued and amended from time to time by the State Government shall, in so far as they are not inconsistent with these rules and subject to the provisions of Fundamental Rule 2-A, apply matutis mutandis to all persons to whom these rules apply in respect of matters not dealt with in these rules.

Rule - 5-A.

Unless the Government in view of the exceptional circumstances of the case otherwise determine, no Government servant shall be granted leave of any kind for a continuous period exceeding five years

Rule - 6.

Subject to the restrictions in [Rule 15-B(iii) and 18-B(iii),] any kind of leave admissible under these rules may be granted in combination with any other kind of leave so admissible or in continuation of leave already taken whether of the same or of any other kind.

Rule - 6-A.

In the case of a Government servant governed by the Andhra Pradesh Leave Rules, 1933, who remains absent after the end of his leave, the period of such overstayal of leave should unless the leave is extended by the competent authority, be treated as follows :

(a)      If the officer is in superior service--

(i)       as leave on '(half-pay on) private affairs to the extent such leave is due ; unless the overstayal is supported by medical certificate ;

(ii)      as leave on (half-pay on) medical certificate to the extent such leave is due, if the overstayal is supported by a medical certificate ;

(iii)     as extraordinary leave to the extent the period of leave due on [half-pay on] private affairs and/or on medical certificate falls short of the period of overstayal.

(b)      If the officer is in last grade service -- as in (a)(ii) and (iii) above mutatis mutandis.

The Government servant is not entitled to leave-salary during such overstayal of leave not covered by an extension of leave by the competent authority.

Note:--A temporary Government servant working under emergency provisions who remains absent from duty after applying for leave or extension of leave to which he is not entitled to under the rules shall be deemed to have been discharged from duty with effect from the date from which he is not entitled to any leave unless the leave applied for is granted by Government in relaxation of relevant rules.

Rule - 7.

(1)     Leave at the credit of a Government servant in his leave account shall lapse on the date of compulsory retirement.

Provided that if, in sufficient time before the date of compulsory retirement an officer has been denied in whole or in part on account of exigencies of public service any leave applied for and due as preparatory to retirement (then he may be granted, after the date of compulsory retirement) the amount of earned leave which was due to him on the said date of compulsory retirement subject to the maximum limit of 120/60 days, as prescribed in Rules 11/17 (3) so long as the leave so granted, including the leave granted to him between the date from which the leave preparatory to retirement was to commence and the date of compulsory retirement does not exceed the amount of leave preparatory to retirement actually denied the half pay leave, if any applied for by an officer preparatory to retirement and denied in the exigencies of public service being exchanged with earned leave to the extent such leave was earned between the date from which the leave preparatory to retirement was to commence and the date of compulsory retirement;

Provided further that every Government servant --

(a)      who, after having been under suspension, is reinstated within 120 days/60 days as prescribed in Rules 11 and 17(3) as the case may be, preceding the date of his compulsory retirement and was prevented by reasons of having been under suspension from applying for leave preparatory to retirement, shall be allowed to avail of such leave as he was prevented from applying for, subject to a maximum of 120 days/ 60 days as prescribed in Rules 11 and 17(3) as the case may be reduced by the period between the date of reinstatement and the date of compulsory retirement.

Note:-- Maximum limit of availment of E.L., preparatory to retirement is enchanced from 120 days to 180 days, by G.O.Ms.No. 415, Finance, Dt. 30-11-1997.

(b)      who is not retired from service on attaining the age of compulsory retirement while under suspension and was prevented from applying for leave preparatory to retirement on account of having been under suspension, shall be allowed to avail of the leave to his credit subject to a maximum of 120 days/60 days, prescribed in Rules 11 and 17(3) as the case may be after termination of proceedings as if it had been refused as aforesaid, if, in the opinion of the authority competent to order reinstatement, he has been fully exonerated and the suspension was wholly unjustified.

Note:--Maximum limit of availment of earned leave preparatory to retirement, is enhanced from 120 days to 180 days by G.O.Ms.No. 415, Finance, Dt. 30-11-1977.

Provided further that an officer whose service has been extended in the interest of the public service beyond the date of his compulsory retirement may be granted earned leave as under :--

(i)       during the period of extension, any earned leave due in respect of the period of such extension and, to the extent necessary, the earned leave which could have been granted to him under the preceding proviso had he retired on the date of compulsory retirement.

(ii)      after the expiry of the period of extension :--

(a)      the earned leave which could have been granted to him under the preceding proviso had the retired on the date of compulsory retirement, diminished by the amount of such leave availed of during the period of extension ; and

(b)      any leave earned during the period of extension as has been formally applied for as preparatory to final cessation of his duties in sufficient time during the extension and refused to him on account of the exigencies of the public service; and

(iii)     in determining the amount of earned leave due in respect of the extension with reference to Rule 8, the earned leave, if any, admissible under the preceding proviso shall be taken into account;

Provided further that the grant of leave under this rule, extending beyond the date on which an officer must be compulsorily retired, or beyond the date upto which an officer has been permitted to remain in service, shall not be construed as extension of service.

Explanation:--For the purpose of this rule an officer may be deemed to have been denied leave only if in sufficient time before the date on which his duties finally cease, he has either formally applied for leave as leave preparatory to retirement and has been refused of it on the ground of exigencies of public service or has ascertained in writing from the sanctioning authority that such leave if applied for would not be granted on the aforesaid ground.

SECTION II GRANT OF LEAVE

A. PERMANENT GOVERNMENT SERVANTS IN SUPERIOR SERVICE Earned Leave

Rule - 8.

A permanent Government servant in superior service earns leave--

(i)       Deleted by G.O.Ms.No. 284, Finance, Dt. 26-8-1964.

(ii)      if he is of non-Asiatic domicile and has not been recruited overseas but entitled to passage concession, other than passages granted on retirement, at the rate of one-seventh of the period he has spent on duty on duty provided that he shall cease to earn leave while he has to his credit such leave amounting to 180 days; and

(iii)     if he is not included in sub-rule (ii), at the rate of one-eleventh of the period spent on duty, provided that he shall cease to earn leave while he has to his credit such leave amounting to 180 days; and

Note:-- Earned Leave Simplification G.Os. are inserted under the leave Instructions.

Rule - 9.

(a)      If a permanent Government servant in superior service is in a vacation department, his earned leave shall, for each year of duty in which he has availed himself of the vacation, be reduced by 45 days or by 30 days according as he earns leave at the rate of one-seventh or one-eleventh of the period spent on duty. 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 45 or 30 days, as the case may be equal to the proportion which the part of the vacation taken bears to the full period of vacation.

(b)      If a permanent Government servant in superior service is in the X-Ray or Radium Departments of Government Medical Institutions or if a permanent Medical Officer is in a Government Tuberculosis Institution or Sanitorium, his earned leave shall, for each period of compulsory leave of one month granted to him every year, be reduced by 15 days.

Rulings

The compulsory leave referred to rule (b) will be granted only after every eleven months of duty in the X-Ray or Radium Department of a Government Medical Instruction or in a Government Tuberculosis Institution or Sanitorium.

Rule - 10.

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 Rules 83(7) (b).

Rule - 11.

The maximum earned leave that may be granted at a time to a Government servant in superior service, shall be 120 days (or 150 days in the case of an officer mentioned in sub-rule (ii) of Rule 8) :

Provided that the earned leave that may be granted exceeding a period of 120 days or 150 days, as the case may be, but not exceeding 180 days if the entire leave so granted or any portion thereof is spent outside India, Burma, Ceylon, Nepal and Pakistan :

[Provided further that where earned leave exceeding a period of 120 days or 150 days, as the case may be, is granted under the above first proviso, the period of such leave spent in India, Burma, Ceylon, Nepal and Pakistan shall not, in the aggregate, exceed the aforesaid limits.

Earned Leave Preparatory to retirement.--

Government liberalised the Earned Leave Rules and has enhanced the maximum limit of availment of E.L. preparatory to retirement from 120 days to 180 days.

Rule - 12.

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 amount of leave due and admissible to the Government servant at a time under Rule 11;

Provided further that the total duration of vacation, earned leave and leave on half pay commuted on medical certificate and/or half pay leave on private affairs taken in conjunction shall not exceed 180- days.

Rule - 13.

(a)      The half-pay leave admissible to a Government servant in permanent employ in superior service for each completed year of service is twenty days.

The half-pay leave is admissible in respect of period spent on duty and on leave including extraordinary leave.

(b)      The half-pay leave due may be granted to a Government servant on medical certificate or on private affairs.

Rule - 14.

Omitted by G.O.Ms.No. 300, Fin., Dt. 18-11-1965.

Rule - 15.

Omitted by G.O.Ms.No. 415. Fin., Dt. 30-11-1977.

Rule - 15-A.

Omitted by ibid.

Ruling

A permanent Government servant or an approved probationer in Superior Service may be granted leave on medical certificate for the treatment of tuberculosis or leprosy provided that a medical certificate from the Government servant's authorised medical attendant or the Medical Officer in charge of a recognized sanitarium, in the case of those undergoing treatment in a recognised sanitarium, 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.

Rule - [3][15-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 superior service subject to the following conditions :--

(i)       commuted leave during the entire service shall be limited to a maximum of two hundred and forty 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 one hundred and eighty days :

Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reasons to believe that the Government servant will return to duty on its expiry.

Rule - 15-C.

Save in the case of leave preparatory to retirement leave not due may be granted to a permanent Government servant in superior 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.

Rule - 16.Extraordinary Leave

Extraordinary leave may be granted to a permanent Government servant in superior service in special circumstances:--

(i)       when no other leave is admissible, under these rules, or

(ii)      when other leave being admissible, the Government servant concerned applies in writing for the grant of extraordinary leave,

(iii)     [4][the authority empowered to grant leave may retrospectively commute the period of absence without leave into extraordinary leave].

B -- PERMANENT GOVERNMENT SERVANTS IN LAST GRADE SERVICE

Rule - 17. Earned Leave

(1)     A permanent Government servant in last grade service earns leave at the rate of one twenty second of the period he has spent on duty provided that he shall cease to earn leave while he has to his credit such leave amounting to 240 days.

If the Government servant is in a vacation department, his earned leave shall be reduced by 15 days for each year of duty in which if the Government servant has 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 15 days equal to the proportion which the part of the vacation taken bears to the full period of the vacation.

(2)     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 special disability leave taken on full pay under Fundamental Rule 83(7)(b).

(3)     The maximum earned leave that may be granted at a time to a last grade Government servant in permanent employ shall be 60 days.

(4)     Vacation may be combined with or availed of 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 amount of leave due and admissible under sub-rule (3) above;

Provided further, that the total duration of vacation, earned leave on half-pay commuted on medical certificate and/or half-pay leave on private affairs taken in conjunction shall not exceed 180 days.

Rule - 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.

(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 leave due admissible under this rule.

(c)      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 by the leave-salary already granted shall not be affected.

Rule - 18-A.

[5][........]

Ruling

A permanent Government servant in last grade service may be granted leave on medical certificate for the treatment of tuberculosis or leprosy :

[6][Provided that the medical certificate, from the Government servant's authorised medical attendant or the Medical Officer incharge of a recognised sanitarium, in the case of those undergoing treatment in a recognised sanitorium, 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].

Rule - 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 two hundred and forty 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 one hundred and eighty days :

Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reasons to believe that the Government servant will return to duty on its expiry.

Rule - 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.

Rule - 19.

Extraordinary 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

Rule - 20.

A non-permanent Government servant:--

(i)       if in superior service, shall earn leave--

(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 Medical Officer in a Government Tuberculosis Institution or Sanitorium or in the Tuberculosis Department, Government Hospital; and

(c)      at the rate of one-twenty second of the period spent on duty in the other cases;

Provided that a person coming under sub-clause (a) shall cease to earn leave when he has as to his credit such leave amounting to 120 days, 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 thirty days.

(ii)      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].

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 any additional leave that becomes due as a result of recasting of the leave account shall be availed of only after the latter date.

Rule - 21.

The amount of leave due is the amount of earned leave diminished by (a) the amount of 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).

Rule - 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 probationer in superior service;

(b)      50 days if he is probationer in last grade service; and

(c)      30 days in other cases.

Rule - 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.

Rule - 23.

(a)      (i) A temporary Government servant in Superior Service/Last Grade Service is entitled to half-pay leave at the rate of twenty days for each completed year of service.

He may avail this leave only on medical certificate and after two 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 conjunction 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 not return to duty on its expiry.

[7][(ii) In the case of Non-Permanent Government servants the duration of Extraordinary Leave on any one occasion shall not exceed the following limits:

(a)      three months:

(b)      six months, in cases where the Government servant has completed three years' continuous service on the date of expiry of leave of the kind due and admissible under the rules (including three months extraordinary leave) under (a) above and his request for such leave is supported by a Medical Certificate, as required under the rules ;

(c)      eighteen months where the officer is undergoing treatment for;

(i)       pulmonary tuberculosis [8](or pleurisy of tubercular origin), in a recognised Sanatorium; or

(ii)      tuberculosis or any other part of the body by a qualified Tuberculosis Specialist or a Civil Surgeon ; or

(iii)     leprosy in a recognised leprosy institution or by a Civil Surgeon or a Specialist in Leprosy recognised as such by the State Administrative Medical Officer concerned.

(d)      [9][twelve months where the Government servant is undergoing treatment for Cancer, or for mental illness in an institution recognised for the treatment of such disease or by a Civil Surgeon or a 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 three years continuous service on the date of expiry of leave of the kind and due and admissible under the rules (including three months extraordinary 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.

(b)      [10][Unless the Government in view of the exceptional circumstances of the case otherwise determines, no Government servant, who is not a permanent employee, shall be granted extraordinary leave in excess of the limits prescribed in sub-rule (a) of Rule 23.

(c)      The authority empowered to gratin leave may retrospectively commute the periods of absence without leave into extraordinary leave].

Rulings

(1)     Method of calculation of leave admissible to Government servants on promotion from 'last grade' to 'superior' service under Andhra Pradesh Leave Rules. 1933 :--

A Government servant in last grade service may become eligible for leave in accordance with the rules applicable to permanent Government servants in superior service. In such a case, the earned leave due to the Government servant should be calculated at 1 /22nd of the period spent on duty in last grade service and at 1/11th of the period spent on duty in superior service subject to the condition that the maximum is applied on both the cases separately. In other words, the earned leave due to the Government servant in last grade service should first be calculated at 1 /22nd of duty and the limit of fifty days applied. The balance of earned leave should then be carried over and added to the account of earned leave admissible from the date on which he became eligible for leave at 1 /11th of duty as for other Government servants in superior service, the total amount of earned leave being restricted to [240] days.

A non-permanent Government servant, who has held without a break first a superior post and again alternatively last grade and superior posts, should be allowed leave to the same extent as a person promoted from last grade to superior-service.

(2)     Notwithstanding anything contained in sub-rule (1) of Rule 17, clause (ii) of Rule 20 and Rule 23 a probationer in Last Grade Service who has completed or is deemed to have completed his period of probation satisfactorily shall be eligible for such leave as would be admissible to him if he held his post substantively, but, if at any time he ceases to be a Government servant, his leave account shall be credited with the amount of Earned Leave and half pay leave due to him on the day when he last ceased to be a Government servant.

Rulings

Scope of Rule 25

(1)     The Government have decided that, though Rule 25 enables an approved probationer, who is awaiting substantive appointment to a permanent post, to earn and be granted leave as a permanent Government servant, it does not authorise the recalculation of his leave account in respect of his previous duty. Such a recalculation should be made only after the Government servant is substantively appointed to a permanent post.

(2)     The term probationer in Rule 25 includes probationers, who have completed their period of probation satisfactorily in categories in which there are no permanent posts and who cannot obviously await appointment as full members thereof.

Rule - 26.

The grant of leave to non-permanent Government servant shall be subject to the condition that but for the grant of the leave he would have continued to hold a post in Government service until the expiry of the leave.

Rule - 27.

[Deleted].

SECTION III LEAVE SALARY

Rule - 28.

A Government servant in superior service--

(a)      While on earned leave is entitled to leave salary equal to his pay; while on half pay leave on medical certificate commuted into leave on full pay, is entitled to leave salary equal to twice the pay prescribed in Rule 4(d) (ii).

(b)      While on leave on half pay either on medical certificate or on private affairs is entitled to leave salary equal to half pay:

Provided that when such leave is taken or is combined with earned leave the Government servants for leprosy, tuberculosis, cancer, mental illness and heart diseases treatment, as the case may be, he shall be eligible for leave salary equal to his pay for not more than six months in all on producing a certificate (1) from the Medical Officer incharge of a recognised leprosy, tuberculosis, cancer, mental illness or heart diseases treatment centre of his having undergone regular treatment during the period of such leave, or (2) from the official medical attendant or the Superintendent of the Government Headquarters Hospital in which such Government servant is kept on the waiting list for admission into a Recognized Centre for want of accommodation in the respective recognised Centre.

(c)      While on extraordinary leave, is not entitled to any leave salary.

Ruling

The leave-salary of a non-permanent Government servant in superior service who has completed the period of probation, should be regulated under Rule 4(d) (i)(b), though under Rule 25 he is allowed a concession to earn leave as admissible to a permanent Government servant.

Rule - 29.

(a)      A Government servant in Last Grade Service on earned leave is entitled to leave-salary equal to half pay.

A Government servant in Last Grade Service on Half-Pay Leave on Medical Certificate commuted into leave on full pay is entitled to leave salary equal to twice the pay prescribed in Rule 4(d) (ii).

(b)      A Government servant in Last Grade Service on Half Pay Leave on Medical Certificate or on private affairs is entitled to leave salary equal to half pay:

Provided that when such leave is taken or is combined with earned leave by a permanent Government servant in Last Grade Service for leprosy, tuberculosis, cancer, mental illness or heart diseases treatment, as the case may be, shall be eligible for leave salary equal to his pay for not more than six months in all on producing a certificate (1) from the Medical Officer incharge of a recognised leprosy, tuberculosis, cancer, mental illness or heart diseases treatment centre of his having undergone regular treatment during the period of such leave or (2) from the Official Medical attendant or the Superintendent of the Govt. Headquarters Hospital in which such Government servant is kept on the waiting list for admission into a recognised centre for want of accommodation in the respective recognised Centre.

(c)      A Government servant in Last Grade Service on extraordinary leave is not entitled to any leave salary.

Ruling

Grant of leave on average pay shall be for six months to permanent Last Grade Government servant suffering from tuberculosis.

This rule permits only the drawal of average pay for six months during earned leave or medical leave granted for the treatment of tuberculosis. It is not in addition to other kinds of leave with pay admissible under the rules.

SECTION IV TRANSITIONAL PROVISIONS

Rule - 30.

The leave account of every person who elects under Clause (b) of Rule 2 to come under these rules shall--

(i)       in regard to earned leave, be credited with the amount of privilege leave or leave on average pay to his credit on the date on which he so elects, subject to the maximum prescribed in Rules 8, 17 or 20 as the case may be; and

(ii)      in regard to half-pay leave, be debited with the amount of leave on average pay whether with or without medical certificate and leave not due already taken by him before the said date either as leave on private affairs or as leave on medical certificate, as the case may require.

FORM OF LEAVE ACCOUNT

Andhra Pradesh Leave Rules, 1933

Leave account of Mr. Date of compulsory retirement..................

Date of commencement of service

Date of contract, if any.

Place of recruitment (whether overseas otherwise)

Domicile (If recruited overseas).

Duty

Leave earned 1/11 or 1/22 of Column (3) days

Leave at credit Columns (4)+(8) Days

Leave taken Period Dates From To

Days

Balance on return from leave Columns (5)-(7) Days

Half-pay Leave (on private affairs and/or

Medical Certificate including commuted leave)

Leave Taken

Dates

 Govt.

served

 under

 From To

Period in days

Length of service

Re-marks

Days

Form

To

No. of completed years of service

(9)

(10)

(11)

(12)

(1)  (2) (3)

(4)

(5)

(6)

(7)

(8)

 

Half-pay Leave (on private affairs and/or Medical Certificate including commuted leave)

 

Leave Taken

 

Leave earned

Leave on private affairs or on medical certificate

Commuted leave on M.C. on full pay (limited to 180 days in entire +service)

Commuted leave converted into half-pay leave twice of Column 20

Total half-pay leave taken (Columns 17-21)

Balance on return from leave (Columns 14-22)

Remarks

 

Leave earned (in days)

Leave a credit Column 23+13

Form

To

No. of days

 

 

 

 

 

From

To

No. of days

 

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

 

Note 1:--Cols. 10 to 24 added by G.O.Ms.No. 300, Finance, Dt. 18-11-1965.

Note 2:-- Now 240 days is entire service.

(1)     Columns (1) to (5) should be filled in at the time a Government servant applies for and proceeds on leave arid Columns (6) to (8) on return from leave.

(2)     The periods of duty in terms of days Column (3) and of leave taken Column (7) should be worked out with reference to the actual number of days in each month and not on the basis of 30 days a month.

(3)     Column (4) Leave earned:--The fraction of Column (3) to be credited in this column is as below :

(a)      One-seventh in the case of permanent Government servants in superior service of non-Asiatic Domicile recruited overseas (Rule 8(i).

(b)      One-eleventh in the case of other permanent Government servants in superior service (Rule 8(ii).

(c)      One-twenty second in the case of Government servants in Last Grade Service and non-permanent Government servants in superior service (Rules 17(i) and 20).

In the case of vacation Departments and X-ray and Radium Departments of Government Medical Institutions, the credit should be reduced as indicated in Rules 9 and 17(i).

(4)     Column (5) Leave at credit:--The entry in this column on any date (Columns (4) + (8)) should be limited--

(i)       One hundred and eighty days in the case of Government servants coming under clause (a) above.

(ii)      One hundred and twenty days in the case of Government Servants coming under clause (b) above.

(iii)     Fifty days in the case of permanent Government servants of last grade service and thirty days in the case of non-permanent servants both in superior and last grade services coming under clause (c).

(5)     In the case of Government servant in service from a date prior to 4th September, 1933, who elect the Andhra Pradesh Leave Rules, 1933, the first entry of leave on average pay carried over under Rule 30 on the date of election of those rules should be made in Column (5) with the words written across Columns (1) to (4) "Due on (date of coming under new rules)".

(6)     Period of extraordinary leave should be noted in red-ink in column 24 for remarks.

(7)     The entries in columns 10 and 11 should indicate only the beginning and end of completed years of service at the time the half-pay leave commences. In case where a Government servant completes another year of service while on half-pay leave the extra credit should be shown in columns 10 to 14 by making suitable entries and this should be taken into account when completing Column 23.

Instruction (6) was renumbered as (8) and Instructions (6) & (7) were added by G.O.Ms.No. 300, Finance (F.R.-I), Dt. 18-11-1965.

(8)     In making entries in Column (4) fractions of half and over should be rounded as one day and fractions less than half omitted.

Leave on private affairs

Leave on Medical Certificate

Leave taken

Leave taken

Dates From To

Period

Progressive total

Dates From To

Period

On full pay (expressed in terms of half-pay)

Progressive total

Re marks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

 

Y.M.D.

Y.M.D.

 

Y.M.D.

Y.M.D.

Y.M.D.

 

 

General Rulings

Application of the Fundamental Rules and the Subsidiary Rules thereunder to personnel coming under the Andhra Pradesh Leave Rules.

I.         The instructions issued by the State Government in regard to the application of the Fundamental Rules and the Subsidiary Rules thereunder to persons coming under the Andhra Pradesh Leave Rules, are re-produced below

The Leave Rules in the Fundamental Rules and the Subsidiary Rules thereunder fall under the following three categories :

(i)       general rues relating to leave on average pay, half average pay and quarter average pay and extraordinary leave ;

(ii)      rules permitting certain additional kinds of leave in special circumstances, e.g., Special Disability Leave (Fundamental Rules 83, 83-A and 83-B), Study Leave (Fundamental Rule 84), Maternity Leave Subsidiary Rules under Fundamental Rule 101(a)] and Hospital Leave Subsidiary Rules under Fundamental Rule 101 (b); and

(iii)     special rules relating to the grant of leave to persons belonging to a special department or rendering a special kind of service, e.g., leave earned by part-time service Subsidiary Rules under Fundamental Rule 103(c) and leave to military officers in temporary Civil Employ (Fundamental Rule 100).

The Rules in category (1) correspond to the Andhra Pradesh Leave Rules, 1933, and they are therefore wholly supreseded by these rules. The rules in category (ii) as well as the leave procedure rules contained partly in the Fundamental Rules and party in the Subsidiary Rules issued and amended by the State Government from time to time and rules relating to travelling allowance to Government servants taking short leave before joining a new post are "other rules" mentioned in paragraph 1 of G.O.Ms.No. 125, Finance, Dt. 23-4-1934.

The special rules referred to in category (iii) above remain in force and persons governed by them do not come under the A.P. Leave Rules 1933, except to the extent indicated below.

II.       The Government have considered the question of the difficulties that are likely to arise in the application of categories (ii) and (iii) of the rules mentioned above to persons governed by the Andhra Pradesh Leave Rules, 1933, and have decided to issue the following detailed instructions to meet such difficulties :

1.        Cases falling under category (iii) in paragraph I above:--

(a)      Leave earned by part-time service :--

Subsidiary Rules under Fundamental Rule 103(c) regulate the grant of Leave to Law Officers and other part-time Government servants. Under these rules subject to condition that no extra cost is caused to Government, the above officers and Government servants may be granted leave not exceeding that admissible to full-time Government servants. The amount of leave admissible to persons appointed to these posts on or after 4th September, 1933, will be that admissible to full-time Government servants under the Andhra Pradesh Leave Rules, 1933, subject to the existing condition that no extra cost is caused to Government by the grant of such leave. In such cases, the leave-salary will be governed by Rule 28 of the Andhra Pradesh Leave Rules, 1933.

(b)      Deleted as F. R. 100 is deleted.

2.        Cases falling under category (ii) in paragraph I above :--

(1)     Maternity Leave:--

See Chapters relating to Maternity

(2)     Hospital Leave:--

See Chapter relating Leave and Hospital leave.

(3)     Special disability Leave :--

See chapter relating to Special Disability Leave.

(4)     Study leave rules under Fundamental Rule 84:--

See chapter relating to Study Leave.

III.     The following further Instructions may be observed in regard to other rules in the Fundamental Rules and Subsidiary Rules mentioned below :

(1)     Subsidiary Rule 4 under Fundamental Rule 44:--

The limit of four months laid down in this rule is based on the maximum limit of leave on average pay which can be taken under the ordinary leave rules in the Fundamental Rules. Earned leave under the Andhra Pradesh Leave Rules, 1933, is subject to the maximum of 120 or 50 or 30 days and this limit should be substituted for the limit of four months in applying this rule to persons governed by the Andhra Pradesh Leave Rules, 1933.

(2)     Leave to apprentices:--

Subsidiary Rule 3 under Fundamental Rule, 104 regulates the grant of leave to apprentices. In the application of this rule to persons coming under the Andhra Pradesh Leave Rules, 1933 :--

(a)      The term "leave on leave-salary equivalent to half average pay" shall be taken to mean "leave on half-pay".

(b)      The term "Fundamental Rule 85" in sub-rule 3(b) shall be taken to mean "Andhra Pradesh Leave Rule 16".

(3)     Fundamental Rules 89 and 90:--

Under the Andhra Pradesh Leave Rules, 1933 a maximum limit has been imposed as regards leave-salary drawn during leave on private affairs or on medical certificate : vide Rule 28(b) and maximum limits on leave-salary for earned leave exceeding 120 or 30 days, as the case may be. It has been considered unnecessary to give the benefit of a minimum leave-salary in regard to any kind of leave.

(4)     Fundamental Rule 105(b)(1) and Subsidiary Rule 9 under Fundamental Rule 106:--

The term "leave on average pay of not more than four months duration" in these rules shall be taken to mean "yarned leave not exceeding 120 or 50 or 30 days" as the case may be.

(5)     Fundamental Rules 105(c) and Subsidiary Rule 6 under Fundamental Rule 106:--

The term "four months" mentioned in these rules shall be taken to mean "120 or 30 days" as the case may be.

(6)     Fundamental Rule 128:--

The words "Chapter I to XI of these rules" in this rule shall be taken to mean "Chapter I to XI and XI of these rules and the Andhra Pradesh Leave Rules, 1933".

(7)     Note under Subsidiary Rule 4 under Fundamental Rule 45:--

The term "leave on average pay not exceeding four months" mentioned in this note shall be taken to mean "earned leave not exceeding 120 or 50 or 30 days" as the case may be.

(8)     Travelling Allowance - Rule 77:--

The term "leave on average pay for a period not exceeding four months" shall be taken to mean "earned leave for a period not exceeding 120 or 50 or 30 days" as the case may be.

(9)     In the case of persons employed in Government service after the War of 1939, service in Government Civil Defence Service such as in A.R.P. Fire Service, Rescue Service, Food Supplies, Evacuation Camps, Salvage etc., shall count for leave, as with temporary Government servants, on the scale specified in Rules 20-27 of the Andhra Pradesh Leave Rules, 1933, provided the persons concerned are re-employed without a break in regular Government service.

(10)   A Government servant governed by the Andhra Pradesh Leave Rules, 1933, first elected to have his medical leave commuted into leave on full pay and after availing himself of the leave wished to have it changed into leave on half pay because he stood to gain by way of leave-salary and allowances, such as dearness allowance, etc., if the entire period of medical leave had been granted on half-pay. The Government have decided that it is not desirable to allow such revision of leave-salary availed of and that the option once exercised in such cases be final.

APPENDIX-1

Ready Reckoner for calculating leave of persons governed by the Andhra Pradesh Leave Rules, 1933

TABLE

Jan.

Feb.

Mar.

Apr.

May

June

July

Aug.

Sept.

Oct.

Nov.

Dec.

1

32

60

91

121

152

182

213

244

274

305

335

2

33

61

92

122

153

183

214

245

275

306

336

3

34

62

93

123

154

184

215

246

276

307

337

4

35

63

94

124

155

185

216

247

277

308

338

5

36

64

95

125

156

186

217

248

278

309

339

6

37

65

96

126

157

187

218

249

279

310

340

7

38

66

97

127

158

188

219

250

280

311

341

8

39

67

98

128

159

189

220

251

281

312

342

9

40

68

99

129

160

190

221

252

282

313

343

10

41

69

100

130

161

191

222

253

283

314

344

11

42

70

101

131

162

192

223

254

284

315

345

12

43

71

102

132

163

193

224

255

285

316

346

13

44

72

103

133

164

194

225

256

286

317

347

14

45

73

104

134

165

200

226

257

287

318

348

15

46

74

105

135

166

201

227

258

288

319

349

16

47

75

106

136

167

202

228

259

289

320

350

17

48

76

107

137

168

203

229

260

290

321

351

18

49

77

108

138

169

204

230

261

291

322

352

19

50

78

109

139

170

205

231

262

292

323

353

20

51

79

110

140

171

206

232

263

293

324

354

21

52

80

111

141

172

207

233

264

294

325

355

22

53

81

112

142

173

208

234

265

295

326

356

23

54

82

113

143

174

209

235

266

296

327

357

24

55

83

114

144

175

210

236

267

297

328

358

25

56

84

115

145

176

211

237

268

298

329

359

26

57

85

116

146

177

212

238

269

299

330

360

27

58

86

117

147

178

213

240

270

301

331

361

N.B:-- In a leap year, for any period begining in and ending after February add 1.

28

59

87

118

148

179

214

241

271

300

332

362

29

--

88

119

149

180

215

242

272

301

333

363

30

--

89

120

150

181

216

243

273

302

334

364

31

--

90

--

151

--

212

243

--

303

--

365

[***]

TABLE--II -AT 1/11

6

 

204

 

402

 

600

 

798

 

1

 

19

 

37

 

55

 

73

 

 

 

 

 

 

 

 

16

 

214

 

412

 

610

 

808

17

 

215

 

413

 

611

 

809

 

2

 

20

 

38

 

56

 

74

 

 

 

 

 

 

 

 

27

 

225

 

423

 

621

 

819

28

 

226

 

424

 

622

 

820

 

3

 

21

 

39

 

57

 

75

 

 

 

 

 

 

 

 

38

 

236

 

434

 

632

 

830

39

 

237

 

435

 

633

 

831

 

4

 

22

 

40

 

58

 

76

 

 

 

 

 

 

 

 

49

 

247

 

445

 

643

 

841

50

 

248

 

446

 

644

 

842

 

5

 

23

 

41

 

59

 

77

 

 

 

 

 

 

 

 

60

 

258

 

456

 

654

 

852

61

 

259

 

457

 

655

 

853

 

6

 

24

 

42

 

60

 

78

 

 

 

 

 

 

 

 

71

 

269

 

467

 

665

 

863

72

 

270

 

468

 

666

 

864

 

7

 

25

 

43

 

61

 

79

 

 

 

 

 

 

 

 

82

 

280

 

478

 

676

 

874

83

 

281

 

479

 

677

 

875

 

8

 

26

 

44

 

62

 

80

 

 

 

 

 

 

 

 

93

 

291

 

489

 

687

 

885

94

 

292

 

490

 

688

 

886

 

9

 

27

 

45

 

63

 

81

 

 

 

 

 

 

 

 

104

 

302

 

500

 

698

 

896

105

 

303

 

501

 

699

 

897

 

10

 

28

 

46

 

64

 

82

 

 

 

 

 

 

 

 

115

 

313

 

511

 

709

 

907

116

 

314

 

512

 

710

 

908

 

11

 

29

 

47

 

65

 

83

 

 

 

 

 

 

 

 

126

 

324

 

522

 

720

 

918

127

 

325

 

523

 

721

 

919

 

12

 

30

 

48

 

66

 

84

 

 

 

 

 

 

 

 

137

 

335

 

533

 

731

 

929

138

 

336

 

534

 

732

 

930

 

13

 

31

 

49

 

67

 

85

 

 

 

 

 

 

 

 

148

 

346

 

544

 

742

 

940

149

 

347

 

545

 

743

 

941

 

14

 

32

 

50

 

68

 

86

 

 

 

 

 

 

 

 

159

 

357

 

555

 

753

 

951

160

 

358

 

556

 

754

 

952

 

15

 

33

 

51

 

69

 

87

 

 

 

 

 

 

 

 

170

 

368

 

566

 

764

 

962

171

 

369

 

567

 

765

 

963

 

16

 

34

 

52

 

70

 

88

 

 

 

 

 

 

 

 

181

 

379

 

577

 

775

 

973

182

 

380

 

578

 

776

 

974

 

17

 

35

 

53

 

71

 

89

 

 

 

 

 

 

 

 

192

 

390

 

588

 

786

 

984

193

 

391

 

589

 

787

 

985

 

18

 

36

 

54

 

72

 

90

 

 

 

 

 

 

 

 

203

 

401

 

599

 

797

 

995

TABLE-- III AT 1/22

11

 

121

 

231

 

341

 

451

 

561

 

 

1

 

6

 

11

 

16

 

21

 

26

32

 

142

 

252

 

362

 

472

 

582

 

33

 

143

 

253

 

363

 

473

 

583

 

 

2

 

7

 

12

 

17

 

22

 

27

54

 

164

 

274

 

384

 

494

 

604

 

55

 

165

 

275

 

385

 

495

 

605

 

 

3

 

8

 

13

 

18

 

23

 

28

76

 

186

 

296

 

406

 

516

 

626

 

77

 

187

 

297

 

407

 

517

 

627

 

 

4

 

9

 

14

 

19

 

24

 

29

98

 

208

 

318

 

428

 

538

 

648

 

99

 

209

 

319

 

429

 

539

 

649

 

 

5

 

10

 

15

 

20

 

25

 

30

120

 

230

 

340

 

450

 

560

 

670

 

Examples:--

(1)     8th April, 1952 to 16th December, 1952:--

In Table I, the number in the horizontal against 16 and in the column under December is 350 and the number in the horizontal line against 7 and in the column under April is 97. The difference between these two numbers is 253 which is the number of days during the period 8th April, 1952 to 16th December, 1952. The figure 23 against the groups 248 to 258 in Table II and the figure 12 against the group 253 to 274 in Table III represent the number of days of leave earned.

(2)     8th April, 1951 to 16th December, 1952:--

Split the period into 8th April, 1951 to 7th April, 1952, 8th April, 1952 to 16th December,. 1952. The number of days during the first period is 366. Then proceed as is example (1) above.

APPENDIX 2

Executive Instructions regarding Casual Leave

[See Ruling (4) under Rule 85]

I.        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 twelve days in the course of one calendar year. Casual leave may be combined with optional holidays or Sundays or other authorised holidays provided that the resulting period of absence from duty does not exceed ten 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].

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 of works establishment may be granted casual leave on full pay.

6.        Omitted by G.O.Ms.No. 97, Fin & Plg. (FW : FR-I) Dept., Dt. 24-4-81.

II.      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)       & (ii) and Notes under

(ii)      from 1 to 5 cancelled by G.O.Ms.No. 10, Fin. & Plg. (FW: FR-I) Dept., Dt. 24-1-1992.

(iii)     When he is summoned to serve as a junior or assessor or to give evidence before a Court in the Indian Union of 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 is necessary.

(iv)    When with the permission of the Director of Medical Education, Director of Health arid Medical Officer/Assistant Director of Public Health, Health Officer of the Public Health Department is absent from his Headquarters, the leave to cover the total period of absence is necessary.

(v)      Male Government employees, who undergo vasectomy operation under the Family Welfare Programme, will be eligible for special casual leave not exceeding six 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 six 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.

(vi)    Female Government employees who undergone tubectomy operation, whether puerperal or non-puerperal, will be eligible for special casual leave not exceeding fourteen days.

Female Government employees, who undergo Tubectomy operation for the second time on account of the 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 the first operation.

(vii)   Female Government employees, who have insertions of intrauterence-contraceptive devices will be eligible for Special Casual Leave on the day of the I.U.D. insertion. Female Government employees who have reinsertion of Intras Utira Device shall be eligible for Special Casual Leave on the day of Intra Utiras Device insertion.

(viii)  Female Government employees who undergo salpinagectomy operation after Medical Termination of Pregnancy (M.T.P.) will be eligible for Special Casual Leave not exceeding fourteen days.

(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 seven 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 employees is required to look after the wife during her convalescence.

(x)      Male Government employees whose wives undergone tubectomy Salpingectomy operation after Medical Termination of Pregnancy (M.T.P.) will be eligible for special Casual Leave upto seven days subject to the production of 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)    The Government employees who require special casual leave beyond the limits laid down for undergoing sterilisation 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 authorised Medical attendant. In addition, the benefit of additional Special Casual Leave may also be extended to the extent of seven days in the case of vasectomy operation and 14 days in case of tubectomy operation to such Government servant who after sterilisation do not remain hospitalized, but at the same time or not found fit to go to work, subject to the production of a Medical Certificate from the appropriate authority in the concerned hospital/ an authorised medical attendant.

(xii)   Government employees who undergone operation for recanalisation will be eligible for Special Casual Leave upto a period of Twenty one days or the actual period of hospitalization as certified by the authorised 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 conditions :

(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 periods stipulated therein were essential for the operation and post operation recovery.

(3)     The concession indicated above is admissible to Government employees who :--

(a)      are un-married, or

(b)      have less than two children, or

(c)      desire recanalisation for substantial reasons -- for example a person has lost all male children or all female children after vasectomy/tubectomy operation performed earlier.

(xiii)  Special Casual Leave connected with sterilisation, 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 either 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) to (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 extraordinary leave.

8.        (1) Special Casual leave will be allowed to a Government servant participating in sporting events for the 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 servants may as special case, be permitted to combine special casual leave with regular leave but not with regular casual leave.

The purposes for which and the conditions under which special casual leave may be granted are indicated below :

The special 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:

(i)       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 India.

List of the National Sports Federations recognised by the All India Council of Sports]

1.        Indian Hockey Federation.

2.        All India Women's Hockey Association.

3.        Board of Control for Cricket in India.

4.        Swimming Federation of India.

5.        Amateur Atheletic Federation of India.

6.        All India Foot-Ball Federation.

7.        Volley Ball Federation of India.

8.        Badminton Association of India.

9.        Wrestling Federation of India.

10.     All India Lawn Tennis Association.

11.     Table Tennis Federation of India.

12.     Basket Ball Federation of India.

13.     Kabaddi Federation of India.

14.     India Weight lifting Federation.

15.     Gymnastic Federation of India.

16.     Indian Polo Association.

17.     Indian Golf Union.

18.     Indian Amateur Boxing Federation.

19.     Squash Rackets Association of India.

20.     All India Chess Federation.

21.     Ball Badminton Association of India.

22.     Indian Style Wrestling Association of India.

23.     Billiards Association and Control Council of India.

24.     National Cyclists' Federation of India.

25.     All India Bridge Federation.

26.     National Rife Association, India.

27.     Yatching Association of India.

List of Special Sports Organisations Recognised by the All India Council of Sports

28.     Indian Olympic Association.

29.     All India Deaf and Dumb Sports Association.

30.     Services Sports Control Board.

31.     Schools Games Federation of India.

32.     Railway Sports Control Board.

33.     Inter-University Sports Board of India.

34.     Institution of Sports. Patiala, Raj Kumari Amrit Kaur Coaching Scheme, and similar All India Coaching or Training Schemes. '

Scheme, and similar All India Coaching or Training Schemes.

(ii)      in respect of events of National importance when the sporting event, in which participation takes place, is held on an Inter-State, Inter-Zonal or Inter-Circle basis, and the Government servant concerned takes part in the event in a team as a duly nominated representative on behalf of the State, Zone or Circle, as the case may be.

(iii)     The period of absence from duty of State Government employees participating in Trekking Expeditions may be regulated by the grant of Special Casual Leave not exceeding 30 days in one calendar year, subject to the following conditions :

1.        (a) That the expedition has the approval of the India Mountaineering Foundation; and

(b) there will be no change in the overall limit of 30 days of Special Casual Leave for an individual Government Servant for one Calendar year for participating in sporting events of national or international importance.

2.        The period of absence in excess of 30 days should be treated as regular leave of the kind admissible under the leave rules applicable to the persons concerned. For this purpose Government Servants may be permitted, as a Special case, to combine Special Casual Leave with regular leave.

(2) The concession under sub-rule (1) shall not be allowed for participation either in a National or International sporting event in which the Government servant concerned participates in his personal capacity and not in a representative capacity.

9.        (1) The period of absence of a Government servant from his civil post for interview, medical examination, etc., at the time of his recruitment to, or Commissioning in, the Territorial Army or Auxiliary Air Force, when it is not possible for the Government servant to attend to his duties after the interview, medical examination, etc., for training, courses of instruction subsequent medical examination, embodiment for camps or for supporting to supplementing the regular armed forces service in aid of civil power, for air force service in India and abroad as the case may be, and for participation, when required, in ceremonial parades on special occasions like the Territorial Army and Auxiliary Air Force Day, Republic Day, visits of Ministers etc., in his capacity as a member of the Territorial Army or the Auxiliary Air Force, including the period spent in transit should be treated as special casual leave, if the period of absence is one month or less.

(2) The period of absence from his civil post, of a Government servant, who is under an obligation to register his name under the provision of the Reserve and Auxiliary Air Force Act, 1952, due to his call up for enquiry or summons to report for interview or other tests or medical examinations, unless it is possible for Government servant to attend to his duties after the enquiry, interview, medical examination, etc., for training service in aid of civil power, air force service in India and abroad, and for participation when required in ceremonial parades on special occasions like the Territorial Army and Auxiliary Air Force Day, Republic Day, visits of Ministers, etc., in his capacity as a member of the Air Defence Reserve including the period spent in transit should be treated as special casual leave if the period of absence is one month or less.

10.     Special Casual Leave of six days in a calendar year, irrespective of the number of dramas enacted by the Association in a year may be granted to the artists and other office bearers of the Andhra Pradesh Secretariat Cultural Association belonging to the Andhra Pradesh Secretariat Departments who actually visit mufussil stations in the State for purpose of enacting dramas under the auspices of the Association.

10-A. [Not Printed].

10-B. Special Casual Leave not exceeding [twenty one]1 days in a Calendar year may be granted to the principal Office bearers of the following recognised Service Associations and to two Office bearers from each of the Units in the districts and in the city as are represented on the Andhra Pradesh Civil Services Joint Staff Council:

1. Andhra Pradesh Non-Gazetted Officers' Association.

(a) President

(b) Associate President

(c) Two Office bearers of the Units in the Districts.

 

(d) Two Office bearers of the City Units).

 

2. All Andhra Pradesh Class IV Employees Central Union.

(a) Working President

(b) General Secretary

(c) Two Office bearers of the Units in the Districts.

(d) Two Office bearers of City Units.

3. The State Teachers Union

(a) President

(b) General Secretary

(c) Two Office bearers of Dist. Units

(d) Two Office bearers of City Units

4. Telangana Non-Gazetted Officers' Association.

(a) President

(b) Two Office bearers of Dist. Units.

(c) Two Office bearers of the City Units

5. Andhra Pradesh Secretariat Association

(a) President

(b) Secretary.

The grant of Special Casual Leave is subject to the following conditions :

(a)      That this Special Casual Leave not exceeding 21 days will include and not be in addition to any Special Casual Leave allowed in any other capacity such as for Sports, Cultural activities, etc.

(b)      That the competent authority will have the discretion to withhold the grant of Special Casual Leave if he considers it necessary to do so in the exigencies of Government work.

10-C. A Special Casual Leave of seven days in a Calendar year may be granted to the employees of the Vacation Department in case of dire necessity or under some pressing family circumstances subject however to the condition that if they participate in the sporting events of National or International importance their absence on Special Casual Leave shall not exceed thirty days including the seven days of Special Casual Leave mentioned above :

Provided the competent authority shall have the discretion to withhold the grant of Special Leave in the exigencies of Government work). 

10-D. Omitted as per G.O.Ms.No. 144, Fin., Dt. 22-6-1981.

10-E. Special Casual Leave not exceeding 10 days in a calendar year may be granted to Government employees who participate in the rallies, camps, etc., organised by the Andhra Pradesh Bharat Scout and Guides at the State and National Level subject to the usual conditions governing Special Casual Leave.

(a)      and

(b)      [Not Printed].

10-F. Special Casual Leave not exceeding a period of 7 days in each calendar year may be granted to the members of the Institution of Engineers (India) working in all the Departments to attend the annual meeting of the Institution of Engineers (India) at Hyderabad and for a period of 10 days for attending annual convention in each calendar year in any part of the country.

The grant of special casual leave to the members of the Institution of Engineers (India) working in all Departments is subject to the following condition:--

(i)       The members attending the convention shall not be eligible for any T.A. etc., for the journey performed by them including external tours etc. The limit of 7 days for Annual meeting and 10 days for annual conference will be in addition to special casual leave allowed in any other capacity subject to the condition that the total period of special casual leave per individual on all occasions shall not exceed 30 days in a calendar year.

(ii)      The Heads of the Departments under whom the said members are working should exercise their discretion against granting on block permission to such members whose presence in the respective posts will be necessary in the interest of Administration.

10-G. Special Casual Leave not exceeding 30 days in a calendar year may be allowed to an artist who is a Government servant participating in cultural events of National and International importance, when he is selected for participation by service/cultural associations, recognised by Government or cultural organisations recognised/affiliated to State Academies in the State with prior permission of the Head of Office.

The grant of Special Casual Leave to such employees is subject to the following conditions:

(i)       The period of absence in excess of 30 days be treated as regular leave of the kind admissible under the relevant rules applicable to the person concerned. For this purpose. Special Casual Leave can be combined with regular leave but not with regular casual leave.

(ii)      the said concession shall not be available for participation in a National or International Cultural events, if he participates in his personal capacity and not in a representative capacity.

(iii)     The employee selected may be paid T.A. and D.A. to which he is entitled under the rules applicable to him for Journeys on tour from the Budget provision of his Department when he is representing State/Department/Academies and if the employee participates on his own accord he shall not be entitled for any T.A. and D.A.

(iv)    The above facilities will be available to the Government employees when he is selected for participation by Service/Cultural Associations recognised by Government or Cultural Organisations recognised/affiliated to State Academies in the State].

III.   GENERAL INSTRUCTIONS

11.     Casual Leave cannot ordinarily be taken in combination with any leave recognised by the Leave Rules, with joining time or with vacation.

12.     The grant to a Government servant of casual leave other than special casual leave or of permission to avail himself of holidays should not ordinarily result in any appreciable extra expenditure to the Government. Care should be taken to see that no Government servant is allowed to proceed on casual leave or avail himself of holidays frequently if he has actually to be relieved on such occasions and the payment of travelling allowance to another officer thereby becomes necessary.

13.     Probationary Sub-Inspectors of Police should be allowed as a special case, special casual leave not exceeding six days in addition to the usual leave admissible to them during their training year before they proceed to join the district in which they have to serve. This extra casual leave should not be debited to their ordinary casual leave account.

APPENDIX 3

INSTRUCTION ON LEAVE

Fundamental Rules -- Rule 69 -- terms to be granted to Officers on appointment during leave preparatory to retirement -- Reg.

[Memo No. 46583-F.R./59-1, Finance. Dt. 12-9-1959]

Ref:--

1.        G.O.Ms.No. 2, Finance. Dt. 3-1-1959.

2.        From the Commissioner for Government Examinations, Hyderabad, Letter No. 93/A1-2/59, Dt. 24-4-1959.

Order:--

In the G.O. cited it has been ordered that the leave salary of Government servants under their rule-making control, who are permitted to accept Government or private employment during leave preparatory to retirement, shall, in future be restricted to the amount of leave salary admissible in respect of leave on half average pay. The Commissioner for Government Examinations, in the letter second cited, has enquired whether it is the intention of the Government to apply the above orders to Telangana Officers also and if so to issue suitable amendments to H.C.S. Rs as the amendment issued in the said G.O. seems to apply only to the officers governed by F.Rs.

The Commissioner for Government Examinations, Hyderabad, is informed that the intention of Government is that the Order issued in the G.O. cited should apply to persons governed by H.C.S.Rs also and that amendment to H.C.S.Rs is considered unnecessary as such cases are likely to be very few on the Telangana side. However, in the cases where Telangana Officers are permitted to accept employment under Union Government or State Government or private employer during leave preparatory to retirement or during refused leave they will be subject to the restriction laid down in the G.O. cited by embodying necessary provision in the orders in which employment will be given.

[***]

Re-employed Pensioners ?

Regulation of leave, leave salary, etc., --

Revised instructions ?

Issued.

[G.O.Ms.No. 2200, Finance (FR) Dept., Dt. 14-6-1960]

Ref:--

From the Government of India, Ministry of Finance, (Department of Expenditure) O.S.No.8 (34)/Estt. III/57. Dt. 25-11-1958.

Order:--

In the reference cited, the Government of India have issued instructions in the matter of leave, leave salary, etc., to be granted to the pensioners reemployed while on refused leave etc. The question of adopting the Government of India's revised instructions by the Government has been examined, and the Government have decided to adopt them in respect of their Government servants under the rule making control of the State Government. The following instructions are accordingly issued in modification of the existing orders from regulating the leave, leave salary etc., in case where an officer who before retirement was in the civil employ of the State Government is re-employed before he has had an opportunity to avail himself of the leave which had been refused to him in the exigencies of public service under F.R. 86(a) or the corresponding rule in the Leave Rules applicable to him, before the date of superannuation and which, under the rules, could be enjoyed by him after the date of superannuation.

(i)       The unutilised portion of the refused leave may be allowed to be available of on termination of the period of re-employment.

(ii)      The leave salary for the period of such leave would be the same as would have admissible in the normal course but for re-employment reduced by the amount of pension and/or pension equivalent of gratuity and other retirement benefits.

(iii)     The leave salary for the refused leave which is permitted to be availed of on termination of the period of re-employment would be borne by the Department which would have borne it, had the leave been enjoyed before re-employment and not postponed.

(iv)    The existing position will continue in the case of officers who may be reemployed during the period of their leave preparatory to retirement.

(v)      To the extent the leave earned during the period of re-employment is not availed during the period of re-employment itself, it will be allowed to be availed on termination of re-employment, provided it is applied for and it is refused in exigencies of public service and provided further the leave on average pay or earned leave carried forward under (i) above and the earned leave allowed as terminal leave shall together not exceed the limit upto which leave on average pay or privilege leave or earned leave can be allowed at a time under the rules applicable to the Government servant concerned before retirement.

If a person has on the date of re-employment enjoyed a portion of the refused leave, the leave admissible to him on finally demitting office after reemployment will be composed of the unavailed portion of such leave and the leave earned during the period of re-employment in such manner as the officer desires and the incidence of such leave salary will follow the manner in which the two leaves are combined. Formal sanction to such leave should be accorded by the authority or authorities empowered to sanction prior to and during re-employment.

[***]

Grant of leave preparatory to retirement to State-Government servants while on foreign service coupled with permission to remain in the service of the foreign employer

[G.O.Ms.No. 2242, Finance (FR) Department, Dt. 6-7-1960]

Ref:--

From the Government of India, Ministry of Finance, (Department of Expenditure) Office Memorandum No.F.7 (35) Est.IV/58, Dt. 8-9-1959.

Order:--

In supersession of all the existing orders the Government direct that the grant of leave preparatory to retirement to the Government servants under the control of the Government while on foreign service complied with permission to remain in the service of the foreign employer be regulated as follows :

I.         Cases where Government servant who is already on foreign service in or out of India under a Body corporate, owned or controlled by Government applied for leave preparatory to retirement.

The leave applied for can be granted only if the body corporate owned or controlled by Government is prepared to release him from their employment to enable him to enjoy the leave, if not so released, the leave should be refused in interest to public service, and it may then be availed of by the Government servant to the extent admissible under F.R. 86 or the corresponding rule in the Leave Rules applicable to him from the date of his quitting the service.

II.       Cases where a Government servant who is on foreign service in or out of India other than under a body corporate, owned or controlled by Government applies for leave preparatory to retirement.

In such cases leave will be admissible only where the Government servant quits duty under the foreign employer. In other words, he will not be permitted to continue in employment under the foreign employer while on leave preparatory to retirement. Non-eligibility for leave preparatory to retirement as a result of continuance in service under the foreign employer will not be treated as refusal of leave for the purpose of F.R. 86 or the corresponding rule in the Leave Rules applicable to him. If he is allowed to continue in employ of the foreign organisation after the date of superannuation he will be treated purely as on private employment.

III.     Cases where the Government servant seeks re-employment under a body corporate while on refused leave.

If while on refused leave a Government is offered re-employment under a body corporate owned or controlled by Government the authority by whom the leave was sanctioned may cancel the unutilised portion of leave and allow it to be enjoyed on termination of the period or re-employment on the terms and conditions laid down in the G.O.Ms.No. 2200, Finance, Dt. 14-6-1960.

If however re-employment is permitted under an organisation in or out of India other than a body corporate owned or controlled by Government he cannot be allowed the benefit of availing himself of the unutilised portion of refused leave on conclusion of the re-employment. He may either have the option of retiring forthwith or to remain on refused leave concurrently with re-employment under such a private organisation on the condition that the leave salary will be restricted to that admissible during leave on half average pay or half pay leave, as the case may be.

[***]

State Manpower Committee?

Recommendations relating to study leave ?

Instructions issued.

[Memo No. 16365/796.FR 61-1, Fin. (FR) Dept., Dt. 30-3-1961]

Ref:--

Proceeding of Third meeting of the State Manpower Committee held on 11-2-1960.

Order:--

At the Third meeting of the State Manpower Committee, it was suggested that the system of study leave must be revived which would be an inducement to candidates to go abroad and acquire higher technical training and that the possibility of reviving the study leave must be examined. The Director of Technical Education has further suggested that the study leave rules must be liberalised by the grant of last pay drawn, during the leave period, arid, extending the study leave to three years. The Heads of Departments are informed that under F.R. 84 and H.C.S.R 443, study leave can be granted to Government servants to enable them to study scientific, technical or similar courses of instructions etc., and is being granted in deserving cases where the proposed studies are considered to be absolutely essential in the interests of the State Government and where such studies cannot be provided for, under the Foreign Aid Schemes like Colombo Plan. Point Four Programme etc., and therefore the question of reviving the study leave does not arise and there is also need to provide for the study leave in all cases as a matter of routine. The suggestion for extending the period of study leave and allowing the pay last drawn has been examined and it is found that the present rules follow the rules of Government of India and that there is no justification to grant more liberal terms than those of the Government of India.

[***]

Re-employed Pensioners ?

Regulations of leave salary etc., --

Clarification ?

Issued.

[Memo No. 508A/38/FR/62-1/Fin. (FR) Dept., Dt. 15-3-1962]

Ref: --

(1)     G.O.Ms.No. 2200. Fin. Dt. 14-6-1960.

(2)     Further G.O.Ms, of (F.C. Dept. of Exp.) O.M.No. F-7(189)-E, IV(A)/ 60, Dt. 31-8-1961.

Order:--

After the issue of orders in G.O. cited doubts have been raised whether a Government servant can be permitted to avail of the refused leave under F.R. 86 or the corresponding rule in the Leave Rules applicable to him during the period of re-employment also.

It is hereby clarified that a Government servant may be permitted to avail of the refused leave either in whole or in part at any time during the period of reemployment even though leave earned during the period of re-employment is at his credit, if such course is to his advantage. The leave salary will be the same as admissible under the order issued in the above G.O. But he will not be entitled to draw his re-employment pay in addition to leave salary during the period of refused leave so availed of.

The grant of such leave during the period of re-employment will, however, be conditional on the re-employing authority being able to grant any part of the refused leave during the period of re-employment.

These orders will take effect from 24th June, 1960.

[***]

Grant of Maternity leave to temporary Government servants ?

Further Instructions ?

Issued.

[Memo.No. 69122/1288/FR/62-1, Fin. (F.R). Dept., Dt. 2-4-1962]

Ref:--

Memo No. 44259 A/1972/FR/61-1, DT. 11-7-1961].

Order:--

In modification of the instructions issued in the memo cited, the following instructions are issued in regard to the grant of maternity leave to non-permanent Women Government servants including those working temporarily.

According to Subsidiary Rule 1 under Fundamental Rule 101 non-permanent Women Government Servants should take, for maternity purposes, the ordinary leave on average pay for which they may be eligible and if they are not eligible for any leave on average pay or if the leave to their credit is less than two months, maternity leave may be granted for a period not exceeding two month or for the period that falls short of two months, as the case may be. Women Government Servants working temporarily also under this Government are to be allowed maternity leave under the above rule.

[***]

Grant of Maternity Leave to Female Government Servants ?

Further Clarifications ? 

Issued.

Memo. No. 45911/898. F.R.I/62-1, Fin., (F.R.I) Dept. Dt. 7-8-1962]

Ref:--

 F.D. Memo No. 69122/1218/F.R. /62-1, Dt. 2-4-1962.

Order:--

1.        A question has been raised whether the term 'temporarily' mentioned in the memo cited' includes emergency appointments made under Rule 10(a)(i) of the General Rules. The above term was used with a view to dispel any doubt felt by the authority competent to sanction maternity leave whether the term "non-permanent' Government servants in S.R. 1, to Fundamental Rule 101 also includes those appointed 'temporarily' either under General Rule 10(a)(i) or other provisions. It is, therefore, hereby clarified that term 'temporarily' mentioned in the memo cited includes emergency appointments under Rule 10(a)(i) of the General Rule.

2.        Rule 26 of the Andhra Pradesh Leave Rules, 1933, restricts the grant of leave (both earned or unearned) to a non-permanent Govt. servant subject to the condition that he would have continued to hold a post in Government service but for going on leave. The above restriction is equally applicable in cases of grant of maternity leave which is an extra kind of leave not debitable to leave account.

[***]

Effect of taking "refused leave" during re-employment.

[Memo. No. 42011 /8930. F.R. 62-2, Fin., Dept., Dt. 4-2-1963]

Ref:--

(1)     Government Memo.No. 608-A/38-FR/62-1, Dt. 15-3-1962.

(2)     G.I., M.F., O.M.No.F. 7 (189), Est. IV/A/60, Dt, 26-5-1962.

Order:--

1.        Subsequent to the issue of orders in the Government Memo, cited, doubts have been felt whether refused leave availed of during reemployment :--

(i)       causes a break in the continuity of re-employment will not break the continuity of re-employment;

(ii)      counts for reckoning the minimum period of one year for eligibility to the benefits of Contributory Provident Fund ;

(iii)     counts for contribution to Contributory Provident Fund;

(iv)    counts for increments ;

(v)      counts for earning leave any kind.

2.        Following the decision of Government of India in their Office Memorandum 2nd cited, the Government have decided that:--

(i)       refused leave availed of during a period of re-employment will no break the continuity or re-employment;

(ii)      it will not be taken into account for reckoning the minimum period of one year for eligibility to Contributory Provident Fund benefits if admissible;

(iii)     no contributions will be made to the Contributory Provident Fund during the period of refused leave and no subscription will be recovered from the re-employed Government Servant during that period ;

(iv)    it will not count for earning increments ;

(v)      it will not count for earning leave under Andhra Pradesh Leave Rules, 1933.

3.        The question whether refused leave taken during re-employment should automatically extend the period of re-employment by a corresponding period has also been considered. As extension of the period of re-employment is independent of the grant to refused leave, it has been decided that an extension of the period of re-employment may be left to be decided by the re-employment authority itself.

[***]

Leave -- Leave preparatory to retirement -- Submission of application for grant of Leave -- Sufficiently in advance of the date from which leave is required -- Clarification -- Issued.

[G.O.Ms.No. 161. Finance (F.R.I) Department, Dt. 21-2-1963]

Order:--

1.        According to F.R. 86/HCSR 445 read with the corresponding provisions of the order other leave rules, a government servant has apply for the grant of leave preparatory to retirement due to him sufficiently in advance of the date from which he proposes to proceed on leave. The term "Sufficiently in advance" has not been defined. But, however, in practice and by convention, a period of two months is generally considered necessary for making application for grant of leave preparatory to retirement with a view to enable the Government to take a decision whether the leave applied for should be granted or refused in the exigencies of public service under the provision of above rules. It is, however, seen that Government servants are applying for the grant of leave preparatory to retriement, at the last moment which is causing dislocation of work. Government have examined the above position and direct that applications for grant of leave preparatory to retirement should be submitted two months in absence of the date from which the Government servant who desires to proceed on leave, to eanble the Government to decide whether to grant him leave due preparatory to retirement or to refuse him the leave under F.R. 86/HCSR. 445, read with the corresponding provisions of the other leave rules. If the Government servant fails to apply for leave preparatory to retirement two months in advance of the date from which he has to proceed on such leave, the period falling short of the required period of two months reckoned from the date of application will be deducted from the quantum of leave due as leave preparatory to retirement and he will be granted or refused only the balance of leave after so deducting the periods that falls short of two months.

2.        The Departments of the Secretariat, the Heads of Departments and other authorities competent to sanction leave in respect of the subordinates under their control, are requested to strictly comply with the above orders in dealing with applications for the grant of leave preparatory to retirement. In cases where it is considered that leave applied for should be refused on the ground of requirements of public service, necessary proposals should be submitted to Government within a fortnight of the receipt for the application for leave, to enable the Government to take a decision regarding grant or refused of leave within two months from the date of application. Cases in which it has been decided to sanction leave preparatory to retirement, should not be referred to Government for orders as the authorities competent to sanction leave under F.R. 66/H.C.S Rs. 372 and 374 are also competent to sanction leave due as preparatory to retirement.

[***]

Compulsory posting in respect of Government servants on return from leave, or after relief from a station treated as duty or extension of joining time -Avoidance of - Instructions - Issued.

[G.O.Ms.No. 618, Finance (F.R.) Department. Dt. 28-12-1963]

Ref. :- 

From A.G., A.P., Hyderabad, letter No. G.A. General/ 11-13/62-93, Dt. 15-3-1963.

Order :-

1.        In his letter cried, the Accountant-General has brought to the notice of Government some cases where Government servants on return from leave or on relief from previous posts, have been kept compulsorily waiting for posting orders for long periods ranging from one month to more than 4 months and where such periods have been treated either as compulsory waiting or as extension of joining time, resulting in avoidable extra coast to Government. On investigation into the causes for the delay in the issue of posting orders in the above cases, it has been noticed that although a major part of the delay has been due to administrative reasons, there was also some delay on the part of Heads of Departments in sending up proposals to Government for giving postings to the Government servants concerned especially in the case of these returning from leave. The attention of the Heads of Departments and other Controlling Officers is also invited to the provisions of the Note below Subsidiary Rule 43 under F.R. 74 (a) in Annexure II, Part I to Fundamental Rules, according to which they are required to provide for expected return of the Government servants from leave by seeing that the Government servants to be relieved are at headquarters in due time to give over charge. In spite of instruction previously issued in Government Memorandum No. 596-AFR/56-2. Dt. 7-2-1956 to the effect that necessary action should be taken by the authorities concerned in advance in sufficient time to issue posting orders in such cases the Government observe that cases of this kind are on the increase of late thereby causing unnecessary additional expenditure to Government. The Government are therefore constrained to reiterate that the following instructions should be followed scrupulously by the authorities concerned in future.

2.        In the case of Government servants returning from leave, proposals for posting should be sent to the competent authorities sufficiently in advance but in any case not less than ten days in advance of the date of expiry of leave. Similarly, in the case of Government servants working in posts which has been sanctioned for a specified period and those who have been deputed for courses of training or deputed to other Government or on foreign service proposals for posting should also be sent sufficiently in advance but in any the post expires or the date of expire of the course of training or the period of deputation, as the case may be. If the above instructions are not followed in any case in future, Government will have to consider taking necessary action against the persons responsible for recovering the unnecessary expenditure caused to Government by way of treating the period of compulsory waiting of the Government servants concerned either as duty or extension of joining time.

The Heads of Departments are also requested to issue necessary instructions to their subordinate officers in the matter. The Departments of the Secretariat are requested to see that the above instructions are scrupulously followed.

[***]

Re-counting of extraordinary leave for purposes of increments- Clarification - Issued.

[Memo. No. 11302/FR-11/64-1, Finance Department Dt. 16-6-1964]

Ref.:- 

1.        G.O.Ms.No. 357. Fin. Dept., Dt. 1-9-1962.

2.        From G.I., M.F., Lr. No. 1725 to III (A)/64, Dt. 27-4-64.

Order:--

1.        According to the proviso to F.R. 26 (b)(ii) H.S.C.R. (b) (ii) introduced in the G.O. 1st cited, the Govt. may direct that extraordinary leave shall be counted for increments in cases where they are satisfied that the extraordinary leave was taken on account of illness or for any other case beyond the Govt. servants control or for prosecuting higher scientific or technical studies. A question has arisen whether the extraordinary leave granted in terms of F.R. 54 (3) H.S.C.R. 226 (5) while regularising the period of absence from duty under suspension falls within the scope of the aforesaid provision to F.R. 26 (ii) H.S.C.R. 40 (b) (ii).

2.        After careful consideration and in consultation with the Govt. of India, it has been decided by Government that as extraordinary leave granted to 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 count for increment with, the meaning of the proviso to F.R. 2 (b) (ii) H.S.C.R. 40 (b) (ii) in as much as the Government servant had to remain under suspension due to his own faults and will have therefore to bear to consequential effects arising out of the punishments imposed by the competent authority.

[***]

Special Casual Leave for undergoing Sterilisation Operation - Regarding

[Memo. No. 51625/255-F.R. 1/65-2. Fin (F.R.I.) Dept., Dt 5-1-1965]

Ref. :- 

From the Dir. of Animal Husbandry, Lr. No. 40054-B-7/65, Dt. 18-7-65.

Order :-

The Director, Animal Husbandry, is informed that there is no objection to the Government servant availing the intervening holidays in between two spells of Special Casual Leave of six days. There is also no objection to a Government servant combining Ordinary Casual Leave and/or Compensatory Leave also provided the period of absence of a Government servant on Special Casual Leave together with the public holidays etc., so permitted to be affixed/ suffixed and to combine Ordinary Casual Leave and/or Compensatory Leave should not exceed 10 days.

[***]

Special Casual Leave - For undergoing Sterilization Operation -Clarification's - Issued.

[Memo. No. 43785/2016-F.R. 1/63-2, Fin. (F.R.I.) Dept., Dt. 24-2-1965]

Ref.:-

(1)     From the Chief Engineers, Nagarjuna Sagar Canals Lr.No. 12361 AS/63-1, Dt. 6-6-1963.

(2)     From the Dir., Medical Ser., Lr. No. 132426/E-3/A/63, Dt. 21-5-64.

(3)     From the Dir., Public Health. Lr.No. 86507/T. 3/63. Dt 5-8-1964.

(4)     From the Dir., Medical Ser., Lr.No. 130916/E-3-A/64, Dt. 17-12-64.

Order:--

According to Note (2) (v) under Executive Instruction 7 regarding casual leave contained in Annexure VII to F.Rs. when a Government servant undergoes sterilization operation (Vasectomy or Salpingectomy) under the Family Planning Scheme is entitled Special Casual Leave not exceeding six working days. In this connection certain points have been raised. Government have considered these points and clarify as follows :

Points   

Clarification's

(1) Whether it is the intention that the Special Casual Leave in this regard should commence only from the day of the operation or it may be sanctioned irrespective of the date of operation.

The Special Casual Leave should commence from the date of operation.

(2) Whether any No. of holidays (pubic or optional) intercepting prefixing and suffixing the six working days may be sanctioned without any limit for the maximum total period of absence (i.e., 6 working days and holidays).

There is no objection to any number of holidays (public or optional) being allowed to be prefixed and affixed to Spl. Casual Leave.

(3) Whether Special Casual Leave can be combined with Ordinary Casual Leave (since it is mentioned in Instruction 8 specifically that Casual Leave cannot ordinarily be taken in combination with any leave recognised by Leave Rules, with jointing time or with vacation).

The Special Casual Leave she aid not be combined with Ordinary Casual Leave or with any other leave or joining time or vacation.

(4) Whether the Special Casual Leave this regard can be sanctioned to a Government servant for any No. of times when the operation is repeated.

As a person has to undergo in Sterilisation Operation only once, the question of grant of Special Casual Leave more than once does not arise.

(5) Whether it is necessary to insist on production of a certificate form the Medical Officer to the effect of once having undergone the operation.

Yes.

Leave grant of Special Casual Leave to the

Government servant on account of presence of infectious diseases - Clarification - Issued.

[U.O. Note No. 82809/37/11/-FRI/64-2, Fin. (F.R.I.) Dept., 3-4-1965]

Ref.:-

(1)     From the Director of Public Health, L.Dis No. 10293/Eli/65-1, Dt. 12-2-1965.

(2)     From the Director of Medical Services, L.Dis.No. 15518/E.3-A/65, Dt. 20-2-1965.

Order:-

As per Executive Instruction 7(a)(ii) regarding Special Casual Leave the Head of an Office can order a Government servant to absent himself from duty on the certificate of a medical officer on account of the presence of infectious diseases in his house and may grant Special Casual Leave not exceeding 21 days ordinarily and up to 30 days in exceptional cases. A doubt has arisen whether the grant of this Special Casual Leave is necessary even when the patient is admitted into a Government Hospital for treatment as the Government servant will no longer be in contact with the persons affected by the infectious disease. Government have examined the issue carefully and clarify that the grant of Special Casual Leave to the Government servant is necessary on the following technical grounds :

(1)     even though the patient is admitted in the Hospital, the Government servant will be attending on the patient in Hospital and is thus exposed to infection. He is likely to contract the disease from the patient and communicate the same to other; and

(2)     before the patient has been admitted to Hospital all the household contracts must have been exposed to the risk of infection during incubation period of disease.

[***]

Grant of Earned/Privilege leave - Instructions - Issued.

[Memo. No. 16808/695/F.R. I/65-I, Fin., Dept., Dt. 12-5-1965]

Ref. :- 

From the G.A. (Ser-F) Dept., U.O. No. 340/65-1, Dt. 4-3-1965.

Order :-

The Government Memo. No. 1925-Poll-B/95-33, G.A. (Poll-B) Department, Dt. 7-1-1960 orders have been issued directing the privilege/ earned leave should be granted to all Govt. servants if applied for sufficiently in advance and that such leave should not normally be refused unless leave arrangements are impracticable. It has been represented that there are several cases where leave applied for is either not granted or granted belatedly and that although there are instructions of Government to the effect that the employees should be encouraged to proceed on leave periodically, experience has shown that this sound principle is not being observed in practice.

Government have considered the matter carefully and direct that although leave cannot be claimed as a matter of right and it is open to the competent authority either to grant or refuse the leave applied for in the exigencies of public service, yet as refusal of leave will be hardship to the employees who require leave either for relaxation or passing domestic affairs or in cases where leave to the maximum extent permissible is accumulated to the exclusion of further accumulation under the rules. Leave should not normally be refused unless such refusal is absolutely necessary in the exigencies of service which should be recorded.

[***]

Settlement of leave terms in respect of Government employees transferred to an autonomous organisation consequent on the conversion of a Govt. Office/ Department into an autonomous body.

[Memo. No. 70705/896-F.R. 1/65-2. Fin. (F.R.I.) Dept., Dt. 3-5-1966]

Ref. :-

From G.I., M.F., O.M. No.F. 1 (13) F/IV/A/61, Dt. 29-9-1965.

Order :-

1.        In the Office Memorandum cited, the Government of India have decided, that all Government servants whether permanent, quasi-permanent, or temporary who are transferred to an autonomous organisation consequent on the conversion of Government Office/Department into such a body will be treated as if they had continued to be Government servants and allowed to carry forward the leave at their credit on the date of their permanent transfer, that the Government would be liable for the leave salary in respect of the leave to be carried forward, that the liability would be discharged by the payment of a lumpsum amount by the Government to the autonomous organisation concerned, determined at the time of conversion keeping in view the number of employees, their salaries and the amount and kind of leave carried forward and that the Company would thus be free to meet future commitments in respect of such leave when the employees avail of the carried forward leave.

2.        The question of adopting a similar procedure in respect of employees of this State has been examined in detail. The Government after careful consideration direct the Government employees of this State whether permanent or temporary who are transferred to an autonomous organisation consequent on the conversion of a Government Office/Department into such a body and taken over by the organisation should be treated as Government servants and allowed to carry forward the leave at their credit on the date of their permanent transfer. Government will be liable for the leave salary in respect of the leave carried forward. This liability will, however be discharged by Government by way of reimbursement on an annual basis to the organisation when the employee takes leave from the quantum of leave carried forward and after the leave salary has been paid to the individual by the organisation in the first instance.

[***]

Refused Leave-Sanction of - Instructions - Issued.

[G.O.Ms.No. 104, Finance (FR-I) Department, Dt. 24-5-1967]

Ref.:-

(1)     G.O.Ms.No. 161. Fin., Dt. 21-2-1963.

(2)     From G.I., M.F., New Delhi, O.No. F. 5(2)-E-IV (A)/66. Dt. 21-4-1966.

Order:-

1.        Under F.R. 86 and other corresponding rules, all leave at the credit of a Government servant lapses on his attaining the age of compulsory retirement. These rules however, provide for the grant of leave beyond such date, if the Government servant concerned has in sufficient time formally applied for leave due as preparatory to retirement and the same has been refused, or if he has ascertained in writing from the sanctioning authority that such leave if applied for would not be granted, the grounds of refusal being the requirements of public service. In the G.O. first cited, orders were issued that applications for grant of leave preparatory to retirement should be submitted two months in advance of the date from which the Government servant desires to proceed on leave, to enable the Government to decide whether to grant him leave due preparatory to retirement or to refuse the leave under F.R. 86/ H.C.S.R. 445 read with the corresponding provisions of the other leave rules. If the Government servant fails to apply for leave preparatory to retirement two months in advance of the date from which he has to proceed on such leave the period falling short of the required period of two months reckoned from the date of application will be deducted from the quantum of leave due as leave preparatory to retirement and he will be granted/refused only the balance of leave after so deducting the period that falls short of two months. The maximum limit up to which leave can be refused is six months in the case of persons governed by the F.Rs. 120 days in the case of persons governed by the Andhra Pradesh Leave Rules, 1933 and 180 days in the case of persons governed by Hyderabad Old Leave Rules, Revised Leave Rules, 1947 and Revised Leave Rules. 1952. This position holds good even if a Government servant is granted extension of service. The leave earned during the period of extension has also to be similarly refused if it is to be enjoyed after the expiry of the extension period.

2.        The concession of refused leave is however admissible in exceptional cases where the individual cannot be spared to avail of the leave and has to be kept in service to enable him to work in the public interest.

3.        Cases have come to notice where the requirement of the rules were not strictly complied with while refusing leave resulting in subsequent requests to Government in the Finance Department for relaxation of rules to avoid hardship to the individuals concerned. All the Departments of Secretariat and all Heads of Departments are therefore requested to keep the requirements of the rules in view while considering the question of refusing leave in individual cases. They may also ensure that the concession is allowed sparingly where the interest of public service really justify such refusal.

[***]

Procedure regarding grant of leave and disbursement of leave salary to State Government servants and employees of Statutory Bodies, Commercial concerns of Semi-Government Organisations transferred temporarily to service under the State Government - Instructions - Issued.

[G.O.Ms.No. 121, Finance, (F.R.) Department. Dt. 20-6-1967]

Ref:-

(1)     From the Govt. of India, Ministry of Finance, (Dept. of Expdr.), New Delhi, Memo. No. F.7(31)-Estt. IV 58, Dt. 22-9-1958 communicated in the Lr.No. G/Genl. 444/445, Dt. 19-2-1965 of A.G., A.P., Hyderabad.

(2)     From the Govt., of India, Ministry of Finance, (Dept. of Expdr.), O.M. No. F. 16/(8)- D. IV (A)/65, Dt. 7-7-1965.

(3)     From the Accountant-General, A.P., Hyderabad No, GI/-Genl./ 271, Dt. 25-2-1966, communicating copies of references first cited.

Order:-

1.        The Government of India in their office Memorandum first and second cited have issued instructions laying down the procedure regarding the grant of leave and disbursement of leave salary to State Government servants and employees of Statutory Bodies, Commercial Concerns or Semi Government Organisations transferred temporarily to service under the Central Government. The Accountant Gen. in his Lr.No. GI/Genl./444, Dt. 19-2-1965 has stated that the Comptroller and Auditor General has suggested that procedure followed in the case of the State Government servants on deputations to Central Government and under the Audit Control of the Accountant General, Central Revenues, as envisaged in the Government of India Office Memorandum first cited may also be adopted in case of where the Services of Officers of other Govts. and Employees of any Statutory Bodies. Commercial Concerns or Semi-Government Organisations are lent to the State Government.

2.        The Government after careful examination of the above proposals of the Accountant General have decided to adopt the instructions issued by the Government of India in their Office Memorandum first and second cited. The Following instructions are accordingly issued laying the procedure to be adopted in the matter of grant of leave and disbursement of leave salary to Officers of the State Governments and Employees of Statutory Bodies, Commercial Concerns or Semi-Government Organisations transferred temporarily to service under the State Government-

(i)       If such a Government servant applies for leave during the period of his temporary service under the State Government the leave will be sanctioned to him by the appropriate authority under the State Government, who would be competent to grant him leave.

In the case of Gazetted Government Servant, leave should be sanctioned only after its admissibility has been certified to by the Accountant-General who audits his pay bill. For this purpose the Government servant should submit his application for leave, in duplicate, to such State Audit Officer who after duly recording the necessary certificate on the application, will return one copy of it to the Government servant concerned direct and the other to the Audit Officer of State where his services are lent, indicating at the same time the lines, on which the leave salary is to be calculated and also furnishing simultaneously the necessary particulars, if such particulars have not been furnished already in accordance with relevant provisions about pay, etc., drawn by the Government servant which may be available in the Office and which may be necessary for the latter Audit Officer to know for the calculation of leave salary. On receipt of the duplicate copy of the application for leave the latter Audit Officer will calculate the leave salary admissible and issue the Leave Salary Certificate to the Government servants direct in the usual manner.

In the case of Non-Gazetted Government servant the authority, competent to sanction leave may get certificate of admissibility of leave under the concerned State Leave Rules, where necessary, from the Lending Office, under the State Government concerned.

(ii)      The payment of leave salary in respect of the leave granted by the State Government will, in the case of a Gazetted Government servant, be authorised through the Treasury, while in the case of a non-Gazetted Government servant, payment shall be made by the borrowing Department or Office concerned.

In the case of a Government servant subject to Fundamental Rules the leave salary shall be allocated in accordance with the Rules 1-8 of Section II of Part B of Appendix 3 to the Accounts Code. Vol-I, while in the case of a Government servant subject tot he Revised Leave Rules of the State Government the leave salary in respect of earned leave will be debited to the State Government concerned in accordance with the provision of Rule 9 ibid.

(iii)     If a Government servant applies for leave preparatory to retirement and it is proposed to refuse such leave on the grounds of exigencies of public service under F.R. 86 or the State Rules corresponding to Rule 7 of the Revised Leave Rules, 1933, State Government concerned should invariably be consulted before leave preparatory to retirement is refused to any of their employees on deputation with State on the grounds of exigencies of public service. If the State Government do not agree to the refusal of such leave or refuse to bear the extra pensionary liability leave preparatory to retirement applied for and concurrently to re-employ the Government servant concerned in his existing post, under the provisions of F.R. 69. The leave salary of such a Government servant shall be subject to such restrictions as the State Government concerned may impose.

(iv)    [If a Government servant of another State or Central Government applies for leave at the expiry of the period of his employment under the State Government and he actually resume duty under the Central Government or another State Government, the State Government should decide whether leave should be sanctioned. If leave is granted, reversion to the Central or another State Government of the officer concerned, will take effect from the date of expiry of leave, and formal orders /notification sanctioning leave will be issued by the State Government. It will however, be desirable to keep the Central or the concerned State Govt. informed so that it may make arrangements for the posting of the officer at the expiry of the leave granted to him by the State Government]. [G.O.Ms.No. 119, Fin. (F.R.I.), Dt. 1-5-1968]

3.        In cases where the services of the employees of any Statutory Bodies, Commercial concerns or Semi-Government Organisations are lent to the State Government on terms which includes the pay of leave salary contributions the leave applied for by such an employee for period not exceeding 4 months during employment, under the State Government, will be sanctioned by the Government after ascertaining the admissibility of leave from the Statutory Body etc., concerned. If such employee applies for leave at the end of the period of his employment under the Statutory Body etc., the leave will be sanctioned by the Statutory Body concerned. A copy of the order sanctioning leave to an employee of Gazetted status whether by the Government or by the Statutory Body etc., should invariably be endorsed to the Accounts Officer concerned A copy of the orders sanctioning leave to an employee of non Gazetted status by the Statutory Body etc., should however be endorsed to the Office in which he was employed. The liability in respect of Leave Salary and Compensatory Allowance payable to the Government servant concerned in respect of leave granted both during at or the end of employment under Government should be discharged in accordance with the terms of transfer to Government servant concerned.

[***]

Retrenched employees - Retirement of Government Servants on completion of 25/30 years of qualifying service - Leave preparatory to retirement - instructions - Issued.

[G.O.Ms.No. 6. Finance (F.R.I.) Department. Dt. 12-1-1968]

Ref. :-

1.        G.O.Ms.No. (P) No. 426, (G.A.D.)., Dt. 12-5-1967.

2.        From Hyd., N.G.O's Central Union, Representation, Dt. 23-1-1967.

Order:-

1.        The Hyderabad Non-Gazetted Officers' Central Union, among other things made the request that Government Servants who are finally decided for being retired on completion of 25/30 years of qualifying service in pursuance of the G.O. 1st cited should be allowed to avail all such leave as may be at their credit in combination (in relaxation of rules, if necessary) before such retirement or to commute such leave if they so desire.

2.        The above request has been examined in the light of rules. The note under F.R. 81 (d) permits grant of leave preparatory to retirement only and not other kinds of leave. The Government therefore order that Government employees referred to in para 1 above should be granted L.P.R. subject to the condition of eligibility and that the period be limited to the extent allowed under the relevant leave rules. In such cases where leave preparatory to retirement (L.P.R.) is granted, the compulsory retirement should be given effect on the termination of the leave provided that the grant of such leave should not be taken by any Government servant beyond the date of superannuation.

3.        All the Departments of Secretariat and the Heads of Departments are requested to take action accordingly.

[***]

Compulsory wait for orders of posting in respect of Government servants on return from leave or after relief from a station -Delay in issue of posting orders and incurring unnecessary expenditure - Avoidance of - Further instructions - Issued.

[G.O.Ms.No. 13, Finance, (F.R.I.) Department, Dt. 22-1-1968].

Ref. :-

1.        G.O.Ms.No. 618, (F.R.), Dt. 28-12-1963.

2.        G.O.Ms.No. 311, Fin. (F.R.), Dt. 7-12-1965.

3.        Para 33 of the Audit Report 1-9-66.

Order:-

1.        In the G.O. 1st cited instructions were issued to take advance action of at least by 10 days for submitting proposals for posting orders of those Government Servants who return from leave or from deputation etc. It has also been stated in the G.O. that if the instructions are not followed, action will be taken against the persons responsible to recover the unnecessary expenditure caused to Government by way of treating the period of compulsory waiting of Government Servants concerned either as duty or extension of joining time. Subsequently in the G.O. 2nd cited, while inviting attention to the instructions issued in G.O.Ms.No. 618 (Finance), Dt. 28-12-1963, it was reiterated that the above orders should be followed scrupulously and any laxity on the part of Government servants will be taken serious notice of and dealt with as Government may deem fit.

2.        In spite of the above instructions several cases of delay in issue of posting orders are being forwarded to Government for regularisation. In this connection, the Accountant General, Andhra Pradesh, Hyderabad included a para in the Audit Report, 1966, commenting on the subject. In the circumstances the matter has been re-examined. The Government therefore have decided to issue the following further instructions for strict compliance :-

(a)      The Departments of Secretariat and the Heads of Departments concerned should invariably deal with all cases of posting orders and transfers on Top Priority basis after verifying the position in respect of the date from which the post or posts are available for posting or the date from which an officer has actually availed himself of the leave etc. The particulars will have to be verified from the records available and the C.T.Cs. copies of which should be sent by the concerned officer in a name cover to the officer incharge of Establishment matters of the concerned Departments.

(b)      P.As. to the Heads of Departments and Secretaries to Government and Private Secretaries to Ministers should ensure that such files are placed before the officers/Ministers immediately on receipt and obtain orders and return them to the Sections also without delays.

(c)      All posting orders shall be issued by Express Delivery. If they could not be sent at least 3 days in advance, due to some delay or other, they shall be issued by Telegrams followed by post copies, and relevant copies of orders etc.

(d)      All the Heads of Departments and Subordinate Officers should not make officers wait for postings simply for retaining an officer at a particular place for finalising the disputed cases involving question of eligibility of promotion, seniority etc.

3.        Unnecessary delays in issuing posting orders may be avoided, if officer at all levels take some interest in the matter. In the circumstances all the Departments of Secretariat and the Heads of Departments are requested to ensure that the above instructions are followed scrupulously. If they still do not take prompt action in the matter, disciplinary action shall be taken against those officers who are responsible in delaying posting orders besides recovery of unnecessary expenditure caused to Government from the defaulting officers as already stipulated.

[***]

Secondary Education - Aided Schools - Leave Rules -Communicated.

[Proc. of the Dir. of P.L., A.P., Hyd., Re. No. 1549-D/1-68, Dt. 1-3-1968]

Order :-

The D.E.Os. in the State are informed that the A.P. Leave Rules of 1933 are applicable to all the members of the staff (both teaching and non-teaching staff employed in the aided Institutions with effect from the school year 1966-67).

The D.E.Os. may also inform the managements that with reference to the work load to be turned out during summer vacation should be restricted to 2 including one attendee.

[***]

Procedure regarding grant of leave and disbursement of Leave Salary to State Government Servants and Employees of Statutory Bodies Commercial Concerns or semi-Government Organisations transferred temporarily to service under the Central Government/ Other State Government -Instructions - Issued.

[Cir. Memo. No. 3813/90/F.R.I./68-2. Fin. Dept., Dt. 25-6-1968]

Ref. :- 

(1)     G.O.Ms.No. 121. Finance (F.R.I.) Department. Dt. 26-6-1967.

(2)     From A.G., A.P., Letter No. GAD. 1/Gen. 1/2, Dt. 17-1-1968.

Order:-

Instructions regarding the grant of leave and disbursement of leave salary to State Government servants transferred temporarily to service under Central or any other State Government have been issued in the G.O. 1st cited. A question has been raised about the authority who should report on the title to leave inrespect of Non-gazetted Slate Government servants on deputation against a gazetted post under the Central or any other State Government. The matter has been examined and it is felt that the Accountant-General of the borrowing Government, who audits the pay of these officers, may not be in a position to report correctly the title to leave, as the leave is to be regularised under the State Leave Rules. Hence the following procedure is prescribed to be followed by the concerned authorities.

(1)     As and when a Non/gazetted Government servant of the State is transferred as Gazetted Officer temporarily for service under the Central Government or under any other State Government a copy of the Government orders deputing the Government servant should invariably be sent to the Accountant-General, Andhra Pradesh.

(2)     The Head of the Office from which the Government servant is deputed, shall send the service-register and leave account of the Government servant to the Accountant-General. Andhra Pradesh, with all the entries in the leave account brought up to date of relief.

(3)     As and when leave is applied for, the Government servant in the usual manner, the leave eligibility will be furnished by the Accountant General, Andhra Pradesh to the audit officer who audits the pay of the officer.

(4)     After final cessation of duties on deputation and on receipt of intimation from the Audit Officer concerned the leave account for the gazetted service will be completed by the Accountant-General, A.P. and the Service Register sent to the Head of Office to which he is posted on reversion. If however, the Government servant on reversion is posted as Gazetted Officer in the State Government, then the leave account will continue to be maintained by the Accountant-General, Andhra Pradesh.

[***]

Leave earned by a Government Servant during emergency service - Availment of - Clarification - Regarding.

[Memo. No. 409204/1120/FRI/68-I/a/Fin. Dept., Dt. 3-9-1968]

Ref.:-

From the Legislature Dept. U.O. Note No. 1521/68-1, Dt. 14-6-1968.

Order:-

The Legislature Department in their U.O. Note Cited raised a point for clarification as to whether or not leave earned by a Government Servant during emergency service in one Department can be availed of by him after his regular appointment in another Department, when there is no break of service in appointment.

The above point has been examined in consultation with the General Administration Department and it has been decided that the earned leave on full average pay during emergency service be carried forward consequent on absorption on regular basis without break, subject to the condition that the employee should have put in at least one year of emergency service and the particulars of leave earned and availed of by him during the period are susceptible of verification from the entries in the Service Record.

[***]

Leave - Maternity leave to women working in P. Samithis and Zilla parishads - Certain Clarifications - Issued.

[Memo. No. 5097/Estt. 11/68-2, Plg & P.R. Dept., Dt. 20-11-1968]

Ref. :- 

1.        Memo. No. 7690/Est. 111/63-2, Dt. 29-1-1964.

2.        From the Chairman, Z.P. Ananthapur, Ref. D.O. 4412093/87, Dt 16-9-68.

Order:-

In the memo cited certain instructions were issued for the sanction of Maternity Leave to women employees working in P. Samithis and Z.Ps. The Chairman, Z.P., Ananthapur has sought some clarifications on those instructions. The entire matter has been reviewed and the rule position regarding the sanction of maternity leave to women employees working in P. Samithis and Z.P. is clarified as detailed below :

1.        Maternity Leave on full average pay to an extent of two moths may be granted to permanent or approved probationer women employees working in P. Samithis and Z.Ps.

2.        Regular women employees should take for maternity purpose the ordinary leave on average pay for which they may be eligible. If however, they are not eligible, for any leave on average pay or if the leave to their credit is less than two months, maternity leave may be granted for a period not exceeding two months or for the period that falls short of two moths as the case may be.

3.        Temporary and emergency women employees may also be granted Maternity Leave as in (2) above provided they would continue in service but for their Maternity leave.

[***]

Statements of Govt. Servants governed by A.P. Leave Rules 1933/ Revised Leave Rules of 1952 of H.C.S.Rs., Vol. II deputed to other Govts./Departments - Leave Salary contribution -Instructions - Issued.

[Cir. Memo. No. 1073/13/FR-69-I, Fin. Dept., Dt. 12-2-1969]

Ref. :-

From A.G., A.P., Lr.No. PA. IV/Dept. IV/Gen 1/68/69/591. Dt. 2-1-1969.

Order:-

The reference of the Accountant-General cited is herewith communicated to all the Departments of Secretariat and Heads of Departments for immediate compliance.

Copy of Letter No. P.A. IV/Dept. IV/Gen/68-69/591, Dt. 2-1-1969 from A.G., A.P., addressed to the Secretary to Govt. of A.P., Fin., A.P., Hyd.

Sub :- 

Statements of Govt. Servants governed by Revised Leave Rules -deputed to other Govt./Department - Non-receipt of.

I am to state that in respect of leave salary contributions payable by borrowing Governments, one of the important functions of this office is to adjust the leave salary contributions to the borrowing Govt. by contra-credit to the lending Government through the exchange of Settlement Account as the case may be in respect of all Government servants governed by Revised Leave Rules, 1933.

For this purpose all the Heads of Departments have to furnish statements of Govt. Servants who are deputed to other Govts./Depts. every month so as to reach this office by the 20th of each month so as to check, whether, all the cases of deputations have been pursued or not.

The statements have not been regularly received in the past, with the result that no appreciable progress could be achieved in the adjustment of leave salary contribution of Government servants who are deputed to other Governments/ Departments. All the Heads of Departments may kindly be requested to send statements showing the names of Govt. servants who are deputed to other Government Departments (both Gazetted and non-Gazetted) to this office regularly on a monthly basis together with the following information in respect of each Govt. servant so deputed..

1.        Name of Government Servant.

2.        Designation and Dept. working at the time of deputation.

3.        Name of Govt. to whom deputed.

4.        Date of relief in parent department.

5.        Date of taking charge in other Govt./Department.

6.        Pay he would have drawn but for his deputation in the parent department during the period of deputation.

7.        Pay and Allowances drawn in other Government.

8.        Date of relief in other Govt./Dept.

9.        Date of joining in parent department.

10.     Leave spells taken during the period of deputation.

11.     All the Heads of Departments may kindly be reminded to supply the information regularly every month in future so as to reach this office by 20th of each month.

[***]

Leave Rules -- Accumulation and availment of Privilege/Earned Leave by Last Grade Government Servant -- Orders Issued.

[G.O.Ms.No. 181. Finance (F.R.I.E.L.) Department, Dt. 16-7-1973]

Order:--

1. ???Government have had under consideration for some time past the question of liberalizing the leave facilities available for the Class IV employees at present and issue the following orders :

(i)       Earned Leave shall accrue at the rate of the period spent on duty in the case of Government employees belonging to Last Grade Service whose service has been regularised (i.e.) probationers and approved probationers and who have put in 15 years of service. The maximum accumulation of earned leave will be 180 days out of the 120 days can be availed of at any time.

(ii)      Other Last Grade Government Servants who have put in less than 15 years of service shall continue to earn leave at the rate of only 1 /22nd of the period spent in duty as at present. There shall also be no change in the existing provisions regarding limits for accumulation of leave or availment of leave at a time, in respect of these employees.

(iii)     if a regular Government servant in the last grade service (i.e.,) probationer or approved probationer, is in a vacation department, his earned leave shall be reduced by 15 days for each year of duty in which he has availed himself of the vacation. If however, he has availed for only a part of the vacation in any year, the period of which the earned leave shall be reduced shall be a fraction of 15 days equal to the preparation which the part of the vacation taken bears to the full period of the vacation.

2. ???The above orders will apply to the Government servants in last grade governed by Andhra Pradesh Leave Rules, 1933 and Three Sets of Leave Rules contained in Hyderabad Civil Service Rules.

3. ????Necessary amendments to Andhra Pradesh Leave Rules, 1933 and Hyderabad Civil Services Rules will be issued in due course.

[***]

Secondary Education -- Zilla Parishad, Srikakulam -- Andhra Pradesh Leave Rules, 1933 --Clarification on certain points regarding granting leave to teachers working in various departments -- Regarding.

[Memo.No. 3612/G2/71-16. Ed. (G) Dept., Dt. 19-2-1997]

Ref:--

1.        From the Secretary, Zilla Parishad, Srikakulam, Letter Re.No. 13563/70/D1, Dt. 12-12-1970.

2.        From the Addl. Examiner of F. & P.R. Accounts, Hyderabad, Lr. Roc. No. 4532/H2/72-73. Dt. 9-8-1973.

3.        From the Director of Public Instruction. Hyderabad Lr. Roc. No. 10614/V4/71, Dt. 15-3-1974.

Order:--

The Secretary, Zilla Parishad, Srikakulam in his letter 1st cited has raised the following points for clarification regarding the granting of leave to teachers working in Zilla Parishads :

1.        I presume all the Teachers working in Aided Elementary Schools who were taken over by Zilla Parishad with effect from 1-10-1959 are permanent teachers and they are eligible for Earned Leave at the rate of 1/11th, 1/12th of the period spent on duty and the leave earned by them prior to the date of taking over should also be taken to account. Is my presumption correct ?

2.        Are the teachers who are continuing on extension of service from 55 years to 60 years eligible for earned leave at the rate of 1/22-15 days or 1/11th, 1/12th of the period of spent on duty ? Are they eligible for half pay leave if so to what extent and at a time? Or have they to be granted extraordinary leave ?

3.        There are certain temporary teachers (DSO candidates) who have put in 4 to 5 years of service or even more. These teachers' services have not been regularised for want of antecedents verification but they have put in prescribed period of service required for probation. In such a case, are they eligible for earned leave at the rate of 1 /22-15 days, per year if so to what extent and at a time ? Are they eligible for half pay leave if so to what extent and at a time ? Or have they to be granted extraordinary leave upto 6 months.

4.        Probationers are eligible for earned leave at the rate of 1 /11th, 1 /12th of the period spent on duty with effect from 1-1-1963.1 presume teachers whose services are regularised with effect from 1-1-1963 and whose probation is not declared even after putting the prescribing period of service of 2 years come under the above category. Are they eligible for half pay leave if so to what extent at a time ? Can half pay leave be granted with reference to the period of service put in by teachers.

5.        Recasting of leave arise either on confirmation or after completion of 5 years of service by the approved probationers. In such a case, with effect from 1-1-1963, are the approved probationers eligible for recasting leave from the beginning of service without changing the leave already earned to their credit. Is it necessary to recast leave in such cases prior to that date also ?

6.        In respect of secondary grade teachers who are working in Panchayat Samithis Elementary Schools whose probation has already been declared in Elementary Unit, I presume probation need not be declared again in Secondary Unit when they are transferred of High Schools. In such cases earned leave has to calculated from the date of declaration in Elementary Unit.

7.        Are the approved probationers eligible for commuted leave on full pay with the Medical Certificate or on private affairs, as "Permanent Government Services" were only given the benefit of G.O.Ms.No. 300, Dt. 18-11-1965. No restriction has been specified in the above G.O. while granting leave at a time in continuation of earned leave half pay leave on private affairs or on Medical Certificate (Commuted leave) ? The maximum accumulation of commuted leave during the entire service is 180 days. I presume it is in terms of full pay and this restriction also applies in respect of half pay on private affairs.

8.        "Half Pay Leave" is admissible to a Government servant in permanent employment in Superior Service for each completed year of service is 20 days. Is there no restriction for its accumulation ? Similarly no restriction is also placed while granting leave at a time ?

9.        I presume "Dasara Holiday" will not come under vacation as the period of recess is less than 15 days as such permission cannot be granted to teachers working in vacation Department to prefix or suffix Dasara recess to earned leave or half pay leave.

10.     It is necessary to calculate average pay if the period of earned leave applied for is less than 1 month in respect of Non-gazetted Officers coming under A.P.L. Rs. whose basic pay does not exceed Rs.300/- per month (both teachers working in vacation Department and Ministerial Staff) under F.R. 87-B. Such a concession is admissible. The clarification now sought is whether this benefit is admissible to employee coming under A.P.L.R.s.

11.     2. The matter has been examined in consultation with the Director of Public Instruction and the Additional Examiner of Local Fund and Panchayat Raj Accounts, Hyderabad. Government after careful consideration clarify the points raised by him item wise as detailed below:--

Point 1 :--

The presumption is not correct. The Government ordered while taking over the aided schools from time to time that the status of the teachers of taken over school will be the status which the teacher was having on the date of the issue of orders taking over the schools. Hence it cannot be presumed that all the teachers of taken over schools are permanent teachers. They earn leave as per rules according to their status. The leave at the credit of the teacher on the date of taking over school lapses. Fresh leave has to be earned from the date of taking over of the school vide orders issued in Govt. Memo. No. 4697/Edn./ 12-60. Dt. 1-2-1961.

Point 2 :--

The leave at credit of employee in his/her leave accounts shall lapse on the date of compulsory retirement according to Rule 86(a) of F.R. and as further clarified in Govt. Memo.No. 498.HI/69-14, Edn., Dt. 17-10-1970, hence teachers who are under extension of service beyond 55 years, with reference to orders issued in Govt. Memo No. 6573/HI/68-2, Edn., Dt. 8-11-1968 are not eligible to bring forward the balance of leave (Earned Leave or Half Pay Leave) at their credit.

Point 3 :--

The leave to temporary teachers whose services are not regularised has to be regulated under Note to Rule 20 of Andhra Pradesh Leave Rules, 1933 as amended in G.O.Ms.No. 249, Finance, Dt. 13-12-1967 and they are not eligible for half pay leave as per circular Memo No. 20584/30/FRI/74-4 Dt. 12-9-1974.

Point 4:--

Half pay leave to such teachers may be regulated as per Rule 23(a)(i) as amended in G.O.Ms.No. 134, Finance, Dt. 1-6-1968 and circular Memo.No. 2058, Finance, Dt. 12-9-1974.

Point 5:--

Their account may be recast as per the clarification issued in G.O.Ms.No. 211, Finance (FR) Dt. 16-6-1964.

Point 6:--

Attention is invited to Rule 23(a)(i) as amended in G.O.Ms.No. 143, Finance, Dt. 1-6-1968. Leave may be regulated accordingly.

Point 7:--

Attention is invited to Rule 20(a) (i) of Andhra Pradesh Leave Rules, 1933 as amended. Leave may be regulated accordingly.

Point 8:--

No restrictions are imposed on earning the half pay leave. Attention is invited to Rule 12 of Andhra Pradesh Leave Rules, 1933 as amended in G.O.Ms.No. 44, Finance, Dt. 18-2-1964 regarding availing half pay leave.

Point 9:--

Regarding the definition of the term vacation attention is invited to Subsidiary Rule F.R. 82(a). Regarding permission to prefix and suffix holidays and vacation to leave, attention is invited to the Subsidiary Rules 1 to 5 and Rulings 1 to 6 issued F.R. 68. Action may be taken accordingly.

Point 10:--

Attention is invited to the proviso under Rule 4(d)(i)(b) of A.P. Leave Rules, 1933 as amended in G.O.Ms.No. 265 (F.R.I.), Dt. 4-1-1968.

The Secretary, Zilla Parishad, Srikakulam is requested to take necessary action in the matter accordingly.

Family planning programme -- Extension of Maternity leave to a family of Govt. employees who undergo medical termination of pregnancy -- Orders -- Issued.

Ref:-- 

1.        From G.I., letter No. 37026/5/76, Ply., Dt. 31-5-1976.

2.        From the D.H.M.S. Letter No. 103524/MTP/76, Dt. 21-6-1976.

Order:--

1.        The Government of India in their letter 1st read above have informed that the provision of grant of Maternity leave has been extended to cases of abortions induced under M.T.P. Act, 1971.

2.        The Government have examined the question of issuing similar orders in the case of State Government employees and direct that the abortion induced under the M.T.P. Act, 1971 be also considered as a case of abortion for the purpose of granting Maternity leave to a family Government servant subject to the following conditions :--

1.        The leave does not exceed six weeks, and

2.        The application for leave is supported by a certificate issued by the doctor, who has performed the Medical termination of pregnance.

3.        The above orders will not however, be made applicable to the past cases, which have been decided otherwise.

[***]

Special Casual Leave to Blood Donors.

[G.O.Ms.No. 137. M&H (EL) Dept., Dt. 23-2-1984]

Ref:--

1.        From the Directorate General of Health Services, Govt. of India's Lr.No.Z. 20015/6/82, B.T. Dt. 24-8-1983.

2.        From the DH & FW Lr.Rc.No. 86762/P1-B/83, Dt. 25-10-1983.

Order:--

1.        The Government of India, Ministry of Home Affairs have decided that a Government servant, who donates blood on a working day should be granted special casual leave for that day and the Director General of Health Services, New Delhi and the Director of Health and Family Welfare, Hyderabad have recommended to sanction special casual leave to the Blood donors on the basis of the said orders issued by the Government of India.

2.        The Government accordingly direct that "Special Casual Leave" be sanctioned to all the State Government employees, working in State Government undertakings and to the staff working in Local Bodies in the State as well as Corporations in which State Government has its say and interest, for one day i.e., the day on which the blood is donated by the individual employees, subject to the condition that a certificate be attached to the leave application.

[***]

Grant of Regular Leave -- Certain instructions -- Reiterated.

[Cir.Memo.No. 24951/488/A2/OP-1 /Fin., Dt. 30-9-1988]

Ref:-- 

Cir. Memo.No. 12769-B/245/OP-I/85-1, Fin, Dt. 27-4-1985.

Order:--

In spite of the instructions issued from time to time the staff members of the Department are applying for Earned/Half-pay Leave/Commuted Leave without giving full particulars in their leave applications. They are instructed that any long leave other than Casual Leave/Compensatory Leave should be in the perform prescribed under Fundamental Rules fully furnishing the details under columns therein. Applicants for Earned/Half-pay/Commuted Leave shall have to be submitted at least 10 days in advance to the concerned Joint Secretary/Deputy Secretary/Assistant Secretary and then forwarded to Finance and Planning (F.W.O.P.I) Department for sanction along with their recommendations. The Staff members shall avail the leave only after it is sanctioned by the issue of an office orders. Those who fail to attend the office before orders are issued on the presumption that the leave will be sanctioned, will be treated as absent from duty with all its consequent adversities and they have also to face disciplinary action.

All applications for leave on medical grounds should be accompanied by a medical certificate issued by the Competent medical authority. They should also indicate their leave address in the leave applications. They must submit medical fitness certificate at the time of joining duty after availing leave on medical grounds.

Applications for leave on piece-meal basis for short periods cannot be considered as this results in dislocation of work in the sections. After availing the leave, they should submit their joining reports to Assistant Secretary, OP.I without fail.

All the staff members are, therefore, requested to follow the above instructions scrupulously and invariably failing which disciplinary action will be initiated again them.

[***]

Earned Leave to the Teaching and Non-teaching Staff working in Schools -- Number of days of Earned Leave Enhanced --

Orders -- Issued.

[G.O.Ms.No. 317, Edn. (Ser.V) Dept., Dt. 15-9-1994]

Ref.:--

1.        G.O.Ms.No. 345, Edn., DT. 20-11-1989.

2.        High Power Committee Recommendations Nos. 1-23.

Order:--

1.        Employees in the Educational Institutions, who avail the summer vacation are eligible for Earned Leave of five days per annum, subject to the provisions of F.R. 82. The High Power Committee appointed by the Government has recommended that the teaching and non-teaching staff working in Educational Institutions, who enjoy the facility of 5 days Earned Leave per annum will hereafter be made entitled to 6 days Earned Leave per year.

2.        Government after careful consideration direct that all Teaching and Non-teaching Staff in the Educational Institutions who are availing summer vacations and are eligible for 5 days Earned Leave per annum shall be eligible for 6 days Earned Leave per annum, subject to the provisions to F.R. 82. The Earned Leave shall be credited in advance in two installments of 3 days each on First day of January/July of every year.

3.        These orders shall come into force with immediate effect.

4.        Necessary amendments to the F.Rs. Andhra Pradesh Leave Rules, 1933 will be issued by the Finance and Planning (FW.FR.I) Department.

APPENDIX-4

Simplification and Liberalisation of Leave Rules

A.       SIMPLIFICATION OF LEAVE RULES

[G.O.Ms.No. 384, Fin. & Plg. (Fin. Wing-FRI) Dept., Dt. 25-11-1977]

Ref:--

1.        G.O.Ms.No. 186, Fin. & Plg. (Fin Wing-FRI) Dept., Dt. 23-7-1975.

2.        G.O.Ms.No. 208, Fin. &Plg. (Fin Wing-FRI) Dept., Dt. 16-8-1975.

3.        From G.I., M.F., O.M.No, 166/E IV(A) 74. Dt. 26-11-1975.

4.        From G.I., M.F., O.M.No. 16(1)/E IV(A) 76, Dt. 24-12-1976.

Order:--

1.        As per the existing leave rules, all regular State Govt. Employees in superior service working in non-vacation departments are entitled to earn leave at the rate of 1/11th of the period spent on duty. The Govt. of India have simplified the procedure for calculating entitlement to earned leave of Central Govt. employees. After due consideration the State Government have decided to adopt the said procedure for the State Govt. employees also, working in non-vacation department as below :--

Earned Leave Entitlement :--

(i)       (a) The account of leave of each regular Govt. employee in superior service should be credited with 30 days earned leave in two installments. 15 days on the first January and July every year ;

(b) The account of leave each emergency Govt. employee and each Govt. employee in inferior service who has put less than 15 years of regular service and whose earning capacity is 1 /22nd of the period spent on duty should be credited with 16 days earned leave in two installments; 8 days on the first January and July every year ;

(ii)      The leave at the credit of the employee at the close of the previous half-year shall be carried forward to next half-year subject to the leave so carried forward plus the credit for that half year not exceeding the maximum limit of 180 days.

(iii)     In respect of others, the limit of accumulation would be as follows :

(iv)    Last Grade Govt. servants with less than 15 years of regular service, 50 days :

(v)      Emergency Govt. servants in inferior/superior service, 30 days ;

(inserted as per G.O.Ms.No. 34, Fin. & Plg. Dt. 27-1-1979)

(vi)    The credit afforded under clauses (1)(a) & (b) above shall be reduced by 1 / 10th of the period of extraordinary leave only availed of during the previous half year, subject to a maximum of 15 days ;

2.        (a) When a Govt. servant is appointed on or after 1-1-1978 earned leave should be credited to his leave account at the rate of 2 1/2 days for each completed month of service which he is likely to render in the calendar half year in which he is appointed e.g., if he is appointed on 13th March, the number of completed months of his service in that half-year will be 3 and credit will be 3x5/ 2 15 1/2 days rounded to 8 days ; If he is appointed on 20th April, the number of completed months will be only 2 and the credit will be 2x5 days.

(b) In respect of an emergency employee in superior service and a last grade employee having less than 15 years of regular service Earned Leave should be credited at the rate of one day for each completed month of service for the first 2 months in quarter and 2 days for the 3rd month and so on for each completed month of service he is likely to render in the calendar half-year in which he is appointed.

Example :--If he is appointed on 13th March, the number of completed month of his service in that half-year will be 3 and credit will be 4 days i.e., at the rate of one day credit for the first two months and 2 days credit for the 3rd month. If he is appointed on 20th January, the number of completed months will be 5 and the credit will be as follows :--

 

Months

Leave Admissible

First 2 months

2x 1

2 days

3rd month

1x2

2 days

4th & 5th months

2x 1

2 days

 

Total

6 days

3.        The credit for the half year in which a Govt. servant is due to retire or resigns from the service, shall be afforded only at the rate of 2 1/2 days per completed month in that half year upto the date of retirement, resignation. If in the case of a Govt. Servant who resigns from the service, the leave already availed of is more than the credit so due to him, necessary adjustment should be made in respect of leave salary over drawn, if any.

4.        When affording credit under the above method, fraction of a day will be rounded off to the nearest day.

5.        From 1-1-1978 while the earned leave shall be credited in advance in the manner stated above, there will be no change in respect of other kinds of leave. The entries in respect of such leave shall be made as and when occasion for doing so arises. In the case of existing Government servants, the old leave account has to be closed and the credit of leave as on 31-12-1977 will have to be carried forward to the new leave account. While doing so, fractions of day will be rounded off to the nearest day.

6.        Intimation of leave at credit:--

The order sanctioning earned leave/half pay leave to a Government servant shall hereafter indicate the balance of such leave at his credit.

7.        Government have also decided to issue the following orders ;

(1)     Limitation of availment of commuted leave :--

The existing limit of 180 days at a time on availment of commuted leave in conjunction with earned leave shall be removed.

(2)     Maternity leave:--

The maternity leave granted to female Government servant shall be for a period of 90 days of its commencement in all cases.

(3)     Cash equivalent of leave salary in case of death in service:--

In case of death in service of a Government servant, the cash equivalent of leave salary in respect of earned leave at credit to be paid to his family shall be subject to a maximum of 180 days instead of 120 days as at present.

8.        Necessary amendments to various sets of leave rules will be issued separately.

[***]

B.       LIBERALISATION OF LEAVE RULES

Extension of leave benefits available to employees suffering from Tuberculosis

and Leprosy to employees suffering from Cancer etc.-- Orders --Issued.

[G.O.Ms.No. 188, Finance (F.R.I. & L.) Dept., Dt. 30-7-1973]

Order :--

1.        According to Rule 28(b) of Andhra Pradesh Leave Rules a permanent Government servant in last grade service on half pay leave for treatment of leprosy or tuberculosis, is entitled to leave salary equal to his pay for a period of six months in all subject to the production of a certificate from a medical officer-in-charge of a recognised leprosy or tuberculosis treatment centre of his having undergone regular treatment during the period of such leave; if however half pay leave on medical certificate is combined with earned leave, the total period during leave-salary equal to pay be drawn should not exceed six months.

2.        The Government have considered the extension of the provisions of Rule 29(b) of Andhra Pradesh Leave Rules to the employees, suffering from Cancer, mental illness etc., which also need similar costly and prolonged treatment and have accordingly decided to extend the benefit of full leave salary to the permanent employees of the last grade service suffering from Cancer or Mental illness, subject to the other conditions laid down in the above rule.

3.        These orders are also applicable to the employees governed by the three sets of leave rules contained in Hyderabad Civil Service Rules, Vol. II.

[***]

Rule 20 of the A.P. Leave Rules -- Further liberalisation of -- Orders -- Issued.

[G.O.Ms.No. 386, Fin. & Plg. (Fin. Wing F.R.I.) Dept., Dt. 6-9-1976]

Ref:-- 

1.        G.O.Ms.No. 188, Fin. (F.R.I. & L.) Dept., Dt. 30-7-1973.

2.        G.O.Ms.No. 234, Fin. & Plg. (Fin. Wing F.R.I.) Dept., Dt. 29-8-1975.

3.        From the President, A.P. Secretariat Asscn., Dt. 25-7-1976.

Order:--

1.        Orders issued in the G.Os. cited provided for the drawal of full pay to the extent of six months, in lieu of six months half pay leave, if at credit, by Government servant drawing pay upto Rs.500/- per mensum suffering from Leprosy/Tuberculosis/Cancer/Mental illness.

2.        In the representation third cited, it has been requested to extend the facilities to all Government servants drawing pay upto Rs. 1,000/- P.M.

3.        Government after careful consideration has decided to extend the said facility to all regular Government servants who are eligible for half pay leave irrespective of their pay limit, subject to the other conditions for grant of such leave.

4.        These orders are also applicable to the Government servants governed by the three sets of leave rules contained in Hyderabad Civil Services Rules, Volume II.

[***]

Sanction of leave to Government employees suffering from "Heart-Disease" -- Orders -- Issued.

[G.O.Ms.No. 449, Fin. & Plg. (F.R.I) Dept., Dt. 28-10-1976]

Ref:--

1.        G.O.Ms.No. 188, Fin. (F.R.I. & L.) Dept., Dt. 30-7-1973.

2.        G.O.Ms.No. 234. Fin. & Plg. (Fin. Wing F.R.I.) Dept., Dt. 29-8-1975.

Order:--

1.        Orders were issued in the G.Os. cited provide for the drawal of full pay to the extend of six months half pay leave at credit by all regular Government servants suffering from Leprosy/Tuberculosis/ Cancer and Mental illness irrespective of their pay limit.

2.        Now a point has arisen as to whether the above facility may be extended to those who suffer from Heart Diseases also or not.

3.        Government after careful examination have decided to extend the said facility to all regular Government servants who are affected by 'Heart Disease' also, subject to the other conditions for grant of such leave.

4.        These orders are also applicable to the Government servants governed by the 3 sets of Leave Rules contained in Hyderabad Civil Service Rules, Volume II.

[***]

Extraordinary leave -- Execution of Bonds by Government servants -- Further orders -- Issued.

[G.O.Ms.No. 183, Fin. &Plg. (Fin. Wing F.R.I.) Dept., Dt. 21-7-1978]

Ref:--

(1)     G.O.Ms.No. 210, Finance (F.R.I.) Department, Dt. 16-6-1964.

(2)     G.O.Ms.No. 224, Finance (F.R.) Department, Dt. 3-11-1966.

(3)     G.O.Ms.No. 24, Finance (F.R.I) Department, Dt. 1-1-1971.

Order:--

1.        In the G.O. first read above, the State Government have prescribed the form of the Bond to be executed by temporary Government servants, who are granted extraordinary leave for prolonged periods, in relaxation of Rule 23(a)(ii) of the Andhra Pradesh Leave Rules/Rule 444(b) of the Hyderabad Civil Services Rules, in continuation of other regular leave, if any, due and admissible, for higher studies in India or abroad. The G.O. second cited, clarifies that the above mentioned relaxation of rules is made subject to the condition that but for the grant of leave the Government servant would have continued to hold a post under the Government for the duration of the leave, and that they execute a bond as prescribed above, binding themselves to serve the Government after return from leave for a period of 2 years (since raised to five years) and in default to pay a sum of Rs. 2,000/- (since raised to Rs. 16,000/-).

2.        In certain cases, purely temporary (Emergency) Government servants appointed under Rule 10(a)(i) of the Subordinate Rules have also been granted extraordinary leave for prosecution of higher studies in relaxation of the relevant rules and bonds also got executed as described for the purpose. The point has therefore, arisen whether in respect of such emergency Government servants, there is need to insist upon the execution of bonds or not.

3.        Under the existing Leave Rules, Extraordinary Leave for prosecution of higher studies is not admissible to temporary Government servants working under emergency provision, and that as per Note under Rule 6-A of the Andhra Pradesh Leave Rules, such Government servants shall be deemed to have been discharged from the duty with effect from the date on which they are not entitled to leave.

4.        In view of the above rule position, the Government have considered over the matter and hereby order that Government servants working under emergency provisions should not be granted Extraordinary leave for prosecution of higher studies in relaxation of relevant leave rules in future. In all those cases, however, where such sanctions have been accorded in relaxation of the rules and bonds got executed, the terms of bonds should be strictly enforced.

[***]

Further liberalisation of Leave Rules

[G.O.Ms.No. 186, Fin. & Plg. (FR-I) DT. 23-7-1975]

Order :--

1.        Government have received representations from various Service Associations for liberalising the provisions of the State Leave Rules. The representations have been carefully considered, in the light of the measures introduced by the Government of India through their O.M.No. 16(2)-E (A) 73, Dt. 9-1-1974.

2.        After careful consideration of the question, Government approve the following liberalisation of the existing provisions of the different leave rules by which the Government servants are governed :--

(i)       The limits of 180 days of commuted leave, during the entire service according to the existing rules shall be raised to 240 days. The other terms and conditions for the grant of this leave shall remain in force as at present.

(ii)      In a case where a Govt. servant dies while in service, the cash equivalent of the leave salary that the deceased employee would have got had he gone on P.L./earned Leave, but for death, due and admissible on the date immediately following the date of death, subject to a maximum of leave salary of pension and pension equivalent of other retirement benefits.

(iii)     A Government servant who proceeds on P.L/Earned Leave from a post the maximum of which in revised D.A. merged pay scale, does not exceed Rs. 600/- per month shall be entitled to leave salary equal to the pay drawn immediately before proceeding on leave.

3.        These orders shall take effect from 1st June, 1975.

4.        Necessary amendments to various sets of leave rules will be issued separately.

[***]

Liberalisation of Leave Rules in respect of Govt. servants who die while in service, etc, -- Further Orders.

[G.O.Ms.No. 208, Fin. & Plg. (F.R.I.) Dt. 16-8-1975]

Order:--

1.        In the G.O.Ms.No. 186, Fin. & Plg. (F.R.I.) Dept., Dt. 23-7-1975, Government accorded sanction for the adoption of certain measures liberalising the provisions of different leave rules applicable to the Government servants of this State, it has now been decided to further liberalise the leave rules in respect of Government Servants who die while in service or who retire on reaching the age of superannuation.

2.        Accordingly the following orders are issued:

(i)       The cash equivalent of leave salary, payable to the family of a Government servant who dies in harness, under sub-para (ii) of para 2 of the order read above, shall not be reduced by pension equivalent. Salary in such cases shall be paid in full, subject to a maximum leave salary for 120 days. The other conditions in sub-para (ii) of para 2 of the order read above shall remain intact.

(ii)      Government servant shall be allowed to encash earned leave/privilege leave, at their credit on the date of superannuation subject to maximum of 120 days by the authority competent to sanction pension. Leave salary for this period will not be reduced by pension and pension equivalent of other retirement benefits, which will be admissible on normal date of superannuation. (iii) The period of leave as contemplated by sub-para (ii) of para 2 of this order shall not constitute extension in service.

3.        These orders shall take effect from 1st June, 1975.

4.        Necessary amendments to various sets of leave rules will be issued separately.

[***]

Liberalisation of Leave Rules -- Retirement -- Further Orders.

[G.O.Ms.No. 27. Fin. & Plg. (Fin. Wing. F.R.-I) Dt. 19-1-1976]

Order:--

1.        In the G.O.Ms.No. 208, Fin. & Plg., (Fin. Wing FR-I) Dept., Dt. 16-8-1975, it was ordered, among other things, that Government servant shall be allowed to encash earned leave/privilege leave at their credit on the date of superannuation, subject to a maximum of 120 days by the authority competent to sanction pension. It was also ordered that leave-salary for this period will not be reduced by pension and pension equivalent of other retirement benefits which will be admissible on the normal date of retirement. The benefit of encashment of leave is thus, confined to cases of retirement on superannuation pension.

2.        Government have carefully considered the question of extending the same benefit in other cases of retirement. It has been decided that the benefit of encashment of leave as contemplated in clause (ii) para 2 of the G.O.Ms.No. 208, Fin. & Plg. (Fin. Wing FR-I) Dept., Dt. 16-8-1975, shall also be extended to the following cases of retirement subject to the condition as in clause (iii) of para 2 of the order referred to :--

(a)      Those retiring under the Premature Retirement Rules issued through G.O.Ms.No. 188, Fin. & Plg. (FW P-I) Dept., Dt. 29-7-1975 and G.O.Ms.No. 198, Fin. & Plg. (F.W. P-I) Dept., Dt. 4-8-1975 ;

(b)      Those retiring on Invalid Pension ;

(c)      Those retiring on Compensation of Pension ;

(d)      Those compulsorily retired as a measure of punishment under the Andhra Pradesh Civil Services (CCA) Rules.

3.        These orders shall take effect from 1-6-1975.

[***]

Encashment of Leave -- Applicability, to the Re-employed Pensioners

[G.O.Ms.No. 324, Fin. & Plg. (Fin. Wing (FR-I) Dt. 30-7-1976]

Order:--

1.        In the Memo.No. 16(9) E-IV(A)/74, Dt. 24-7-1975, the Government of India have extended certain concessions to the re-employed pensioners in respect of leave entitlements.

2.        In letter No. B1/1654/76, Dt. 11-3-1972 from the Director of State Ports, Andhra Pradesh, Kakinada a point has been raised as to whether a re-employed Government servant is eligible to encash Earned Leave at his credit, on the date of his retirement or not.

3.        The Government after careful consideration have decided to allow the benefit of encashment of leave to those who are re-employed without any gap in service after attaining the date of superannuation, subject to the conditions specified in the G.O.Ms.No. 208, Fin. & Plg. Dept., Dt. 16-8-1975.

4.        These orders shall come into force with effect from 1st June 1975. Pending cases can be decided on the basis of these orders and old cases need not be reopened.

[***]

Leave Rules -- Liberalisation of-- Further Orders -- Issued.

[G.O.Ms.No. 415, Fin. &Plg. (F.R.I.) Dt. 30-11-1977).

Order:--

1.        In the G.O.Ms.No. 208, Fin. & F Plg. (F.R.I.) Dept., Dt. 16-8-1975, G.O.Ms.No. 27, Fin. & Plg. (F.R.I) Dept., Dt. 19-1-1976 and G.O.Ms.No. 135, Fin. & Plg. (F.R.I) Dept., Dt. 30-3-1977, the leave rules were liberalised, allowing the retiring Government servants to encash the Privilege Leave/Earned Leave standing to their credit on the date of retirement. Government have considered the question of further liberalisation of the leave rules and accordingly order as follows :

(i)       The maximum limit of availment of Earned Leave preparatory to retirement shall be enhanced from 120 days to 180 days in respect of Government servants, governed by Andhra Pradesh Leave Rules, 1933.

(ii)      The maximum limit of encashment of Privilege Leave/Earned Leave at the credit of a Government servant on the date of retirement shall be enhanced from 120 days to 180 days.

2.        These orders shall come into force with immediate effect.

[***]

Liberalisation of Leave Rules -- Further Orders -- Issued.

[G.O.Ms.No. 15, Fin. & Plg. (F.R.I.) Dt. 9-1-1979]

Ref:--

(1)     G.O.Ms.No. 208, Fin. & Plg. (F.R.I.) Dept., Dt. 16-8-1975.

(2)     G.O.Ms.No. 27. Fin. & Plg. (F.R.I.) Dept., Dt. 19-1-1976.

(3)     G.O.Ms.No. 324, Fin. & Plg. (F.R.I.) Dept., Dt. 30-7-1976

(4)     G.O.Ms.No. 135. Fin. & Plg. (F.R.I.) Dept., Dt. 30-3-1977.

(5)     G.O.Ms.No. 415, Fin. & Plg. (F.R.I.) Dept., Dt. 30-11-1977.

Order:--

In the G.O. first read above, the retiring Government servants were allowed encashment of earned leave upto a maximum of 120 days with effect from 1st June. 1975. The above benefit was subsequently extended to the following categories of employees in the G.Os. 2nd to 5th read above:

1.        Those retiring under Premature Retirement Rules issued during 1975.

2.        Those retiring on invalid pension.

3.        Those retiring on Compensatory Pension.

4.        Those compulsorily retired as a measure of punishment under the A.P. Civil Service (C.C.A.) Rules.

5.        Persons re-employed without any gap after their normal retirement.

6.        Those retiring voluntarily.

7.        Since that maximum limit of encashment of earned leave standing to the credit of Government servants on the date of retirement was enhanced from 120 days to 180 days in the G.O. 5th read above. Government have, after careful consideration of the issue decided that the maximum limit of 180 days shall be applicable to all categories of employees mentioned above with effect from 30th November, 1977, the date of issue of G.O.Ms.No. 415, Finance and Planning (Finance Wing. F.R.I) Department, fifth read above.

APPENDIX 5

Surrender of Earned Leave

Surrender of Earned Leave -- Scheme Introduced.

[G.O.Ms.No. 238. Finance (F.R.I) Dt. 13-8-1969]

Order:--

1.        Government have had under consideration for some time past, the question of allowing Government servants who avail themselves earned leave. to surrender an equal period of earned leave, if admissible and in lieu of the leave so surrendered get leave-salary and allowances. The Joint Staff Council had also considered this subject at its meeting held on 28-12-1968 and generally supported the scheme. Government accordingly issue the following orders :

(i)       Government servants (both Gazetted and Non-Gazetted) who take earned leave for a period of not less than thirty days will be allowed to surrender the balance of earned leave to their credit on the date of commencement of the leave or any portion thereof at their option subject to a maximum of thirty days and will be sanctioned leave-salary and allowances in lieu of the leave so surrendered.

(ii)      The authorities who are empowered to sanction earned leave will be competent to accept surrender of earned leave.

The number of Government servants in an Officer or Department to whom earned leave is sanctioned at a time for the purpose of enabling surrender of leave should be judiciously limited so that, the conduct of work in offices is not affected.

(iii)     Application for surrender of earned leave should be made along with the application for grant of leave.

Clarification:--The application for sanction of surrender of earned leave if not submitted along with the application for availment of leave, may be submitted before the leave is actually sanctioned by the competent authority.

(iv)    The number of days of earned leave surrendered under these orders, will be debited against the leave account of the Government servant and will be reckoned as surrendered to the date of commencement of leave.

(v)      There should be an interval of not less than twenty-four months between one surrender and another of earned leave. That is, an officer who avails himself of this benefit will be entitled to apply for surrender of earned leave again only after the lapse of twenty-four months from the date of expiry of the period of earned leave to which the previous surrender related.

(vi)    The total of the earned leave actually availed of and the earned leave surrendered should not exceed the maximum leave admissible to the Government servant at any one time, viz., 120 days under Andhra Pradesh Leave Rules and the three sets of Leave Rules of ex-Hyderabad State and four months on leave on average pay under Fundamental Rules.

(vii)   In the case of Government servants who are on the verge of retirement the period of leave surrendered should not exceed the period of duty between the date of the expiry of the earned leave actually availed of and the date of compulsory retirement.

(viii)  The leave-salary and allowances admissible for the leave surrendered will be equivalent to the leave-salary and allowances for the first thirty days of the leave enjoyed. The leave salary and allowances for the surrendered leave shall be worked out as per the illustrations given in the Annexure to this order.

(ix)    The leave-salary and allowances for the period of surrendered leave will be paid along with the leave-salary and allowances for the earned leave of not less than thirty days actually taken by the Government Servants. If the leave-salary for the first thirty days of the actual leave availed of is drawn in two installments, consequent on the leave falling partly in two months, the leave-salary for the surrendered leave will be drawn along with the second spell of such leave-salary. If the leave-salary is drawn in advance in terms of G.O.Ms.No.597, Finance (Accounts), Dt. 6-12-1963 and subsequently extended in G.O.Ms.No. 43 Finance, Dt. 11-2-1969 until further orders the Government servant will have the option to draw the leave-salary for the leave surrendered along with the leave-salary in advance.

(x)      The leave salary for the period of leave surrendered will not be liable to any deductions on account of Provident Fund Subs creations and repayment of any advances, etc., to Government and re-employment or any dues to Co-operative Societies etc.

(xi)    Persons who are on earned leave on the date of these orders will be entitled to apply for surrender of earned leave provided they avail themselves of a minimum of thirty days earned leave.

(xii)   The concession shall also apply to Government servants who are on foreign services or on deputation to Government of India or other State Governments.

(xiii)  The benefit of surrender of leave will be allowed in cases of leave preparatory to retirement but not in the cases of refused leave granted under the Fundamental Rules, Andhra Pradesh Leave Rules, 1933, or the corresponding rules in the Hyderabad Civil Services Rules. [Subs. as per G.O.Ms.No. 160, Fin., Dt. 6-6-1970]

(xiv)  If a Government servant who is permitted to surrender leave voluntarily returns to duty before the expiry of the thirty days' leave he should not ordinarily be permitted to re-join duty. If however, such an officer is permitted to rejoin duty, the orders regarding surrender of leave should be cancelled.

(xv)   As regards cases of compulsory recall to duty such recall will be made only when it is warranted by the exigencies of public services. During the period of such recall the orders regarding surrender of leave should be cancelled. As soon as the services of the officer can be spared, he should be relieved of his duties to leave. In such cases, the period of leave enjoyed before compulsory recall to duty will be counted against the minimum of thirty days necessary to enable an officer to surrender his leave as required under Rule (i) above.

(xvi)  In order to guard against commission to post a debt in the leave account in respect of the leave surrendered, in the case of Non-Gazetted Government servants the details of the surrendered leave should be noted in the body of the Service Book and in the leave account when leave salary is drawn. A certificate that the necessary entries have been made in the Service Book and the leave account should be furnished by the Drawing Officer to the bill in which the leave-salary for the surrendered leave is drawn.

(xvii) These orders also apply to Government servants who are governed by leave rules in the Fundamental Rules and Hyderabad Civil Service Rules in whose cases the references to 'earned leave' and 'thirty days' should be read as 'leave on average pay' and 'privilege leave' and 'one month' respectively.

2.        Necessary amendments to the Andhra Pradesh Leave Rules and the Fundamental Rules and the corresponding Leave Rules of Ex-Hyderabad State will be issued separately.

ANNEXURE

Period of earned leave actually taken from 1st March, 1968 to 30th March, 1968 (30 days).

Rate of leave salary -- Rs. 360 per mensum.

Leave Salary for the surrender of 30 days of earned leave --Rs. 348-40 (30/31 months).

Period of earned leave actually taken from 1st February, 1968 to 1st March, 1968 (30 days).

Rate of leave salary -- Rs. 360 per mensum.

Leave salary for the surrender of 30 days of earned leave --Rs. 360 + Rs. 11.61 (1+1/31 months) Rs. 371.60 (rounded).

Period of earned leave actually taken from 15th June. 1968 to 14th July, 1968 (30 days).

Rate of leave salary -- Rs. 360 per mensum.

Leave salary surrendered of 30 days of earned leave -- Rs. 120.00 + Rs. 162.58 (16/30+14/31 months): Rs. 354.60 (rounded).

Period of earned leave actually taken from 15th February, 1968 to 15th March. 1968.

Rate of leave salary -- Rs. 360 per mensum.

Leave salary for the surrender of 30 days of earned leave -- Rs. 186.21 + Rs.174.19 (15/29+15/31 months); Rs. 360.40

Period of earned leave actually taken from 15th February, 1969 to 16th March, 1969.

Rate of leave salary -- Rs. 360 per mensum.

Leave salary for the surrender of 30 days of earned leave -- Rs. 180.00 + Rs. 185.81 (14/28+16/31 months) : Rs. 365.80 (rounded)

Period of earned leave actually taken from 1st March, 1968 to 30th March, 1968 (30 days).

Rate of leave salary -- Rs. 360 per mensum.

Leave salary for the surrender of 30 days of earned leave -- Rs. 174.19(15/ 31 months).

Allowances admissible along with leave-salary should also be worked out as above.

[***]

SURRENDER OF EARNED LEAVE

Leave Rules -- Earned leave and leave on average pay -- Surrender of -- Orders -- Clarification Issued.

[Cir. Memo.No. 52729-A/681/FR-I/69-1. Fin. (F.R.I.) Dept., Dt. 11-10-1969]

Ref:--

(1)     G.O.Ms.No. 238, Finance (FRI) Dept., Dt. 13-8-1969.

(2)     From the President, Andhra Pradesh Secretariat Class IV Employees Central Union, Lr. No. Nil, Dt. 9-9-1969.

Order:--

1.        In the Government order cited, all Government servants (both Gazetted and Non-Gazetted) are allowed to surrender earned leave to their credit subject to maximum of thirty days, when they actually avail earned leave for a period of not less than thirty days.

2.        The President, Andhra Pradesh Secretariat Class IV Employees Union has however stated that the benefit of surrender of leave given both to Gazetted and Non-Gazetted Government servants in the G.O. cited has not been extended to Class IV employees and has, therefore, requested to extend the benefit to the Class IV employees also.

3.        Government have examined the issue raised carefully and hereby clarify that the order issued in G.O.Ms.No. 238, Finance. Dt. 13-8-1969 are also applicable to Class IV employees.

[***]

Leave Salary and Allowances for surrender of leave by other State Government Servants deputed to this State Government -- Liability of-- Orders -- Issued.

[G.O.Ms.No. 211, Fin. (FR-I) Dept. DT. 10-4-1972]

Ref:--

1.        From G.I., M.F., Department of Economic Affairs, New Delhi, O.M. No. F-1 (47-B/59), Dt. 4-6-1971.

2.        From A.G., A.P., Letter No. TM III/Code 1/12-5/71-72/59, Dt. 25-9-1971.

Order:--

In the reference 1st cited, the Government of India have examined the question whether in respect of the employees of the State Governments on deputation to the Central Government of the facility of encashment of earned leave, without actually proceeding on leave, granted by certain State Governments to their employees cast on the Central Government any liability towards the additional remuneration admissible to the employees in case they avail themselves of the facility when on deputation to the Government. The Government of India have clarified that when the services of an employee of a State Government are lent to the Central Government the leave-salary contribution payable by the latter Government to the former, in accordance with the rules of incidence in Part-B, II of Appendix 3 to Account Code, Vol. I. completely extinguishes the financial liability of the borrowing Government in relation to leave (other than special disability leave, if any) earned by these employees concerned, irrespective of whether leave is actually availed of or not. The facility, available under the rules of the State Government referred to above for encashment of leave. Without the leave being actually availed of, does not also amount to any increased entitlement to leave. Accordingly it has been decided by the Government of India, in consultation with Comptroller and Auditor-General of India, that when an employee of the State Government surrenders while on deputation to the Central Government or at the end of it, earned leave at his credit and, in consideration thereof becomes entitled to additional remuneration representing cash value of the leave surrendered, the liability for the payment thereof will devolve wholly on the (parent) State Government and that the Central Government being the borrowing Government will continue to be liable for payment of only the duty pay and allowances. The Central Government will also not bear any liability for the payment of house rent or compensatory allowance relatable in the cash value of the leave that may be surrendered by him while on deputation or at the end of it.

In accordance with the above decision of the Government of India, the matter has been examined by this Government and it is hereby decided that in respect of leave so surrendered by the employees of the other State Governments or the Central Government deputed to this State Government (borrowing Government), the liability of this Government will be for payment of only the duty pay and allowances. The Government will also not bear any liability for the payment of House Rent or other compensatory allowance relatable to the cash value of the leave that may be surrendered by an employee while on deputation or at the end of it.

[***]

Grant of H.R.A., O.C.A. etc., during surrendered leave period -- Clarification to Accountant-General -- Instructions -- Issued.

[Cir. Memo.No. 64861/797/FR-I/71-1, Fin. (FR-I) Dept., Dt. 14-7-1972]

Order:--

On a clarification sought by the Accountant General, Andhra Pradesh Hyderabad, regarding payment of H.R.A. and other compensatory allowances during the surrendered leave period, the Government had informed the Accountant-General to allow payment of H.R.A., O.C.A. etc., only for the period of leave and not for the surrendered leave period. The Government have since reviewed the matter and have now issued a clarification to the Accountant-General, Andhra Pradesh, separately, to allow payment of H.R.A. and other compensatory allowances during the surrendered leave period also.

The Departments of the Secretariat and the Heads of Departments are requested to see that H. R. A. and other compensatory allowances not paid to any of the employees for the surrendered leave period on account of the earlier clarification to the Accountant General are now claimed.

[***]

Earned Leave -- G.O.Ms.No. 172, Finance, Dt. 17-7-1974-- Certain clarifications.

[Cir. Memo. No. 35326-C/7/748/F.R.-I/74-1, Dt. 17-7-1974]

Ref. :--

G.O.Ms.No. 172, Fin. & Plg. (FR-I), Dept., Dt. 17-7-1974.

Order:--

The following doubts have been raised in connection with the grant of surrendered leave with reference to the G.O. cited :

(1)      Whether the claim for surrendered leave-salary should be preferred after a lapse of 15 days after the date of sanction according as the period of surrendered leave is 15 days or 30 days.

(2)      Whether the surrendered leave-salary can be drawn in advance in terms of para (ix) of G.O. No. 238, Dt. 13-8-1969.

(3)      Whether with reference to para 6 of the G.O. fourth cited, the surrendered leave can be sanctioned before the 1st July, 1974 if the period of 12 months or 24 months from the date of previous surrender was completed before the date.

The following clarifications are issued--

Point 1:--The claim for surrendered leave salary arises on the date of issue of the order permitting surrender of leave and as such can be preferred immediately after the issue of the order.

Point 2:--Since the surrender of leave is no longer linked with the availment of leave the question of payment of surrendered leave-salary in advance along with leave-salary does not arise.

Point 3:--As the G.O. cited has no retrospective effect, the actual surrender of leave under this order will be permissible only from 1st July. 1974.

[***]

Temporary Government servants -- Eligibility to surrender earned leave.

[G.O.Ms.No. 221, Fin & Plg. (F.R. 1) Dept., Dt. 23-8-1974]

Order :--

1.        In the G.O. No. 238, Dt. 13-8-1969, Government servants both Gazetted and non-Gazetted who take earned leave for a period of not less than thirty days were all allowed to surrender the balance of the earned leave to their credit on the day of commencement of the leave or any portion thereof at their option, subject to a maximum of thirty days and to receive the leave-salary and allowances in lieu of the leave so surrendered. The temporary Government servants were not eligible for the above benefit, as they are not entitled to accumulate earned leave for more than thirty days at any one time.

2.        The above scheme has further been liberalised in the G.O.Ms. No. 172, Dt. 1-7-1974 and the necessity of compulsorily going on leave has been dispensed with and the Government servant has been allowed to surrender 15/ 30 days of earned leave at an interval of 12/24 months as the case may be.

3.        In view of the aforesaid liberalisation in the scheme, the question of extending the benefit of surrender of leave to the temporary Government servants appointed under Rule 10(i) of the Andhra Pradesh State and Subordinate Service Rules, has also been considered by the Government, and it has been decided that temporary Government servants may also be allowed to avail of the benefit.

It is therefore ordered that temporary Government servant appointed under Rule 10(a)(i) of the Andhra Pradesh State and Subordinate Service Rules will also be eligible to surrender fifteen days of earned leave at their credit as on the date of surrender of leave once at an interval of twenty four months.

[G.O.Ms.No. 316, Fin & Plg. (F.R-I) Dept., Dt. 25-11-1974]

4.        All other conditions governing the scheme of surrender of leave as in the reference read above and amended from time to time will continue to apply.

[***]

Earned leave on average pay -- surrender of leave without availing of leave Orders -- Issued.

[G.O.Ms.No. 172. Fin & Plg. (Fin. Wing. FRI) Dept., Dt. 1-7-1974]

Ref. :--

G.O.Ms.No. 238. Fin. (FR-I)_ Dept., Dt. 13-8-1969.

Order :--

1.        According to the Instruction 1(i) of the G.O. read above. Government servants both Gazetted and non-Gazetted who take Earned Leave for a period of not less than 30 days will be allowed to surrender the balance of the Earned Leave to their credit on the date of commencement of leave, or any portion thereof at their option, subject to a maximum of 30 days and will be sanctioned leave-salary and allowances in lieu of the leave so surrendered.

2.        The Andhra Pradesh Non-Gazetted Officers' Association have represented, that due to exigencies of service a majority of the employees, particularly in the mofussil, are unable to take leave and as such are unable to avail themselves of the concession offered. They have therefore requested that --

(1)     The element of linking the surrender and encashment of leave with actually going on leave be dispensed with;

(2)     The employees may be permitted to surrender straight away not more than 15/30 days' Earned Leave once in 12/24 months interval, as the case may be, encash the same without going on leave.

3.        Government have carefully examined the matter and hereby permit all Government servants both Gazetted and non-Gazetted to surrender earned leave not exceeding 15 days once in a year without actually having to go on leave and receive cash value equivalent to leave-salary and allowances in lieu of the leave so surrendered. The interval between the surrender of earned leave should be not less than 12 months. For example, if a Government servant avails himself of surrendered leave from 1st July, 1974, he will be eligible for the next surrender of earned leave only on or after 1st July, 1975. Where the interval is 24 months and more, the Government servants can avail of surrendered leave not exceeding 30 days only. The orders sanctioning surrendered leave should specifically indicate the date from which the Government servant is permitted to surrender leave, so that necessary entries could be made in his service records.

[G.O.Ms.No. 306, Fin. & Plg. (FR.I) Dept., Dt. 8-11-1974]

4.        [The rate per month of cash value of the leave surrendered by an employee shall be the sum total of the monthly rates of leave-salary and allowances to which the employee is eligible on the date of the surrender. For this purpose a month consists of 30 days irrespective of the month in which the leave is surrendered].

[G.O.Ms.No. 306. Fin. & Plg. (FR.I) Dept., Dt. 8-11-1974]

5.        The other conditions governing the scheme in the G.O. cited and amended from time to time will continue to be in force.

6.        The benefit of these orders will be admissible for the first time only after a lapse of twelve or twenty-four months (as the case may be) from the date of expiry of the earned leave to which the previous surrender under G.O. cited relates.

[***]

Extension of G.O.Ms.No. 221, Fin., Dt. 23-8-1974 to temporary Class IV Government Servants.

[Cir. Memo. No. 47774/1177/F.R-I/74-1. Dt. 7-11-1974]

Ref. :--

G.O.Ms.No. 218, Fin. & Plg. (FRI) Dept., Dt. 23-8-1974.

Order :--

1.        In the G.O.Ms.No. 172. Fin & Plg,. (FRI) Dept., Dt. 1-7-1974 Government servants both Gazetted and non-Gazetted were permitted to surrender 15/30 days of Earned Leave at an interval of 12/24 months, as the case may be, without the necessity of compulsorily going on leave.

2.        The above benefit was extended to the temporary Government servants appointed under Rule 10(a)(i) of the Andhra Pradesh State and Subordinate Service Rules in superior service in the G.O.Ms.No. 221, Finance & Planning (F.R.I) Department. Dt. 23-8-1974.

3.        The question whether the said concession is applicable to the temporary Class IV Government servants also has been examined and the Government hereby extend the orders issued in the G.O. cited, to the temporary Class IV Government servants appointed under Rule 7(a) of the Andhra Pradesh Last Grade Service Rules also subject to the same terms and conditions governing the scheme of the Surrender of Leave.

[***]

Surrender of Earned Leave -- Extension to the members of All India Service -- Orders -- Issued.

[G.O.Ms.No. 809, G.A. (Special) Dept., Dt. 11-12-1974]

Order :--

1.        In the G.O.Ms.No. 238, Dt. 13-8-1969 and G.O.Ms.No. 172, Dt. 1-7-1974, the Government sanctioned the scheme of surrender of earned leave at the credit of the State Government employees and payment of leave-salary for the leave surrendered subject to certain conditions laid down in the G.O. These orders have been liberalised further in the latter G.O.

2.        The question of extending the benefit to the members of All India Services borne on the Cadre of the State and serving in connection with the affairs of the State has been considered by the Government and they have decided that the scheme of surrender of earned leave and payment of leave salary for the leave so surrendered sanctioned in the aforementioned G.Os. In respect of State Government employees should apply mutatis mutandis to members of the All India Services and should apply also to those serving in connection with the affairs of the State subject to same terms and conditions applicable to the State Government employees now and which may be prescribed from time to time.

[***]

Surrender of leave without availing of leave -- payment of cash value of earned/privilege leave surrendered - Certain amendments

[G.O.Ms.No. 393, Fin. & Plg. (Fin. Wing. F.R.I) Dt. 3-12-1975]

Order :--

It has been pointed out that in the scheme of surrender of earned leave originally introduced in the G.O.Ms.No. 238. Fin., Dt. 13-8-1969, and liberalised in the G.O.Ms.No. 172, Fin & Plg. (Fin. Wing) Dept., Dt. 1-7-1974. Government servants have been allowed to surrender at their option any portion of earned leave at their credit, subject to a maximum of 30 days at an interval of 24/12 months respectively but in the orders issued in the G.O.Ms.No. 221. Fin. & Plg. (Fin. Wing) Dept., dt. 23-8-1974, Fin & Plg. (Fin. Wing) Dept., Cir. Memo. No. 47777/1177/FR-I/74-1. Dt. 7-11-1974 and G.O.Ms.No. 316, Fin., Dt. 25-11-1974, the quantum of leave to be surrendered has been fixed as fifteen days for all temporary Government servants including temporary Class IV employees.

With a view to remove the above disparity, Government have decided that in modification of the orders issued in this G.O.Ms.No. 221, Fin & Plg. (Fin. Wing) Dept., Dt. 23-8-1974. Fin & Plg. (Fin. Wing) Dept., Cir. Memo. No. 47777/1177/ FR-I/74-1. Dt. 7-11-1974 and G.O.Ms. No. 316, Fin., Dt. 25-11-1974, all temporary Government servants appointed under Rule 10(a)(i) of Andhra Pradesh State and Subordinate Service Rules and all temporary Class IV Government servants appointed under Rule 7(a) of the Andhra Pradesh Last Grade Service Rules will be eligible to surrender at their option, any portion of Earned Leave or leave on average pay to their credit on the date of surrender not exceeding fifteen days, once at an interval of twenty-four months subject to all other terms and conditions governing the scheme of surrender of leave as amended from time to time.

[***]

Surrender of Earned Leave on Retirement or on Death while in Service.

[G.O.Ms.No. 186, Fin & Plg., Dt. 23-7-1975 (w.e.f. 1-6-1975]

Order :--

In case a Government servant dies while in service, the Cash equivalent of the leave-salary that the deceased employee would have got, had he gone on earned leave but for death, due and admissible on the date immediately following the death, subject to a maximum of leave-salary for 120 days shall be paid to his family subject to reduction from the leave salary of pension and pension equivalent of other retirement benefits.

[***]

Surrender of Earned Leave -- Applicability to Municipal Employees

[G.O.Ms.No. 339, M.A., Dt. 8-8-1975]

Order :--

Orders issued in the G.O.Ms. Nos. 238, Fin., Dt. 13-8-1969 and 172, Fin., Dt. 1-7-1974 shall apply to mutatis mutandis to Municipal employees. Expenditure shall be met by the Municipalities from their funds. No financial assistance will be given by the Government.

(i)       The cash equivalent of leave salary payable to the family of a Government Servant who dies in harness, according to G.O. Ms. No. 186, Finance, Dt. 23-7-75, shall not be reduced by pension and pension equivalent of other retirement benefits. The cash equivalent of leave salary in such cases shall be paid in full subject to a maximum leave salary of 120 days.

(ii)      Govt., Servants shall be allowed to encash earned leave at their credit on the date of superannuation subject to a maximum of 120 days by the authority competent to sanction pension. Leave salary for this period will not be reduced by pension equivalent of other retirement benefits which will be admissible on normal date of superannuation. These orders take effect from 1-6-1975.

(iii)     The period of the leave as contemplated above shall not constitute extension in service.

[***]

Surrender leave salary of Government servants in Foreign service -- Certain clarifications -- Issued

[Cir. memo. No, 49395/12/19/FRI/75-1. Dt. 6-1-1976]

Ref. :--

G.O.Ms.No. 329, Fin. & Plg. (F.R.I.) Dept., Dt. 6-12-1964.

Order:--

1.        In para 2(iii) of the G.O. cited, it has been laid down that in respect of Government employees in foreign service the payment of leave salary will, initially, be made by the Foreign employer, and it will be reimbursed to him by the Accountant-General. Andhra Pradesh, Hyderabad, in case of Gazetted Officers and by the Head of Department in the case of non-Gazetted Officers.

2.        A point has been raised whether the above procedure can be made applicable for payment of surrender leave salary, to the deputationists to the Central/State Corporation and other Autonomous Bodies also, and whether surrender leave salary also should be paid by the foreign employer to the Government servants in foreign service and reimbursement claimed from the Government.

3.        It is hereby clarified that the procedure indicated in para (iii) of the G.O. cited may be followed in respect of surrender leave salary of the Government servants.

4.        All Departments of Secretariat and Heads of Departments are requested to indicate the above procedure as one of the conditions of deputation of the Government servants sent to foreign service.

[***]

G.O.Ms.No. 27, Fin. & Plg., Dt. 19-1-1976, (effective from 1-6-75).

Order:--

The orders issued in G.O. 186, Fin. Dt. 23-7-1975, as amended in G.O. 208, Fin. & Plg., Dt. 16-8-1975 also apply in the following cases of retirement:

(a)      Those retiring under the Premature Retirement Rules issued through G.O. 188, Fin. pig. (Pen. I), Dt. 29-7-1975 and G.O. 198, Fin. (Pen. I), Dt. 4-8-1975.

(b)      Those retiring on invalid pension.

(c)      Those retiring on compensation pension.

(d)      Those compulsorily retired as a measure of punishment under the A.P. Civil Services (C.C.A.) Rules.

[***]

Leave salary and allowances for surrender of leave by State Government servants on deputation to Central and State Government undertakings and other autonomous bodies -- Liability of -- Orders issued.

[G.O.Ms.No. 35, Fin. &Plg. (FRI) Dept., Dt. 3-11-1976]

Ref. :--

1.        G.O.Ms.No. 211, Fin. (FR-I) Dept., Dt. 11-4-1972.

2.        From A.G., A.P., D.O. Lr.No. FAD/Pen 1/11-63/75-76, Dt. 5-7-1975.

Order :--

1.        According to the orders issued in G.O. first read above, when an employee of the State Government surrenders while on deputation to the Central/other State Government or at the end of it, earned leave at his credit and becomes entitled to additional remuneration representing cash value of the leave surrendered, the liability for the payment thereof will devolve wholly on the (parent) State Government, and the borrowing Government will be liable for payment of only the duty pay and allowances.

2.        The Accountant-General, Andhra Pradesh. Hyderabad in the reference 2nd cited has presumed that the same principle would apply in respect of State Government servants deputed to Central/State Government undertakings, Corporations and other Autonomous Bodies since they are also required to pay leave salary pension contribution to the State Government in respect of the deputations.

3.        After careful consideration, the Government have decided that the order in the G. O. first read above may be made applicable in cases of the Government Servants deputed to Central/State Government undertakings, Corporations and Autonomous Bodies also, subject to recovery of leave salary contributions from these bodies. In all these cases, care has to be taken to recover the leave salary contribution without any exception.

4.        All Departments of the Secretariat and heads of Departments are requested to incorporate the above decision as one of the conditions of deputation of Government Servants whether any one is deputed to Foreign Service.

[***]

Encashment of leave by the retiring/deceased Government servants -- Instructions -- Issued.

[Cir. Memo. No. 92580-C/1768/FR-I/76-1. Fin., Dt. 31-1-1977]

Ref. :--

1.        G.O.Ms.No. 186, Fin. & Plg. (Fin. Wing FR-I) Dept., Dt. 23-7-1975.

2.        G.O.Ms.No. 208. Fin. & Plg. (Fin. Wing FR.-I) Dept., Dt. 16-8-1975.

3.        G.O.Ms.No. 437, Fin. & Plg. (F. W. Admn.-I) Dept., Dt. 13-10-1976.

Order :--

In the G.O. second cited, orders have been issued permitting Government servants to encash leave at their credit on the date of superannuation subject to a maximum of 120 days by the authority competent to sanction pension., To liberalise the rules further, Government have now decided to dispense with the procedure of sanctioning the leave by the pension sanctioning authority with immediate effect, as this kind of procedure was not laid down in respect of the deceased Government servants.

Further, the intention of the Government is to pay the leave salary admissible to a retiring Government servant automatically without any procedure of such sanction. Therefore, the Head of office may himself sanction leave, draw and disburse the leave salary after obtaining formal application from the retiring Government servant and after duly arriving at the leave title.

In respect of self-drawing officers viz., All India Service Officers and other Gazetted Officers who are working in the twin cities the officers themselves may draw the leave salary, after obtaining the leave title from the Accountant General, Andhra Pradesh/Pay and Accounts Officer as the case may be and on the strength of the formal sanction order.

The above instructions may be followed scrupulously.

[***]

Voluntary retirement

[G.O.Ms.No. 135. Fin. & Plg., Dt. 30-3-1977]

Order:--

The orders issued in G.O. 186, Fin., Dt. 23-7-1975, as amended in G.O.Ms. No. 208, Dt. 16-8-1975, are extended to those retiring voluntarily.

[***]

Encashment of Earned Leave/Privilege leave on the date of death or retirement -- Certain instructions.

[Cir. Memo. No. 39757/779/F.R.I/76-2. Fin. & Plg. (Fin. Wing-FR1). Dt. 14-6-1977].

Order :--

1.        In his letter No. T.M. 1/1/12-10/76/8. Dt. 6-5-1976 the A.G., Andhra Pradesh has requested that the method of calculation of Earned Leave Privilege Leave under the scheme of encashment of leave on the date of death or retirement of Government Servants may be clarified to the Departmental authorities so that they may calculate the leave correctly.

2.        It is hereby clarified that in cases where the employee is on duty on the date of death/retirement, the leave at credit has to be worked out under normal rules upto a maximum of 120 days.

3.        Where the Government servants are either on Leave Preparatory to Retirement or their Leave Preparatory to Retirement has been refused in public interest under the orders of the competent authorities, the Leave Preparatory to Retirement or, as the case the title to Earned Leave/Privilege Leave (not exceeding 120 days). This is illustrated below :--

'A' is entitled to 120 days Earned Leave/Privilege Leave Preparatory to Retirement. Then the leave for encashment will be 120-60-60 days. Similar will be the position in regard to Refused Leave.

4.        Government also order that in cases where a Government servant's Leave preparatory to Retirement upto 120 days has been refused in public interest by the competent authorities, the Government servant have the option to receive the salary for the leave refused, equal to the leave salary for the leave encashment under this scheme.

[***]

G.O.Ms.No. 334, Fin & Plg. (FR1), Dt. 28-9-1977.

Order :--

Government employees are permitted to surrender leave at any time not exceeding 15/30 days within a block period of one/two calendar year(s) respectively. (Effective from 1-1-1977).

[***]

G.O.Ms.No. 384. Fin & Plg. (FRI), Dt. 5-11-1977.

Order :--

In case of death in service of a Government servant, the cash equivalent of leave salary in respect of earned leave at credit to be paid to his family shall be subject to a maximum of 180 days instead of 120 days as at present. (Orders take effect from 5-11-1977).

[***]

G.O.Ms.NO. 415. FIN & PLG. (FRI), DT. 30-11-1977.

Order :--

(i)       The maximum limit of encashment of earned leave preparatory to retirement shall be enhanced from 120 days to 180 days in respect of Government servants governed by A.P. Leave Rules, 1933.

(ii)      The maximum limit of encashment of privilege leave/earned leave at the credit of a Government servant on the date of retirement, shall be enhanced from 120 days to 180 days. (Order takes effect from 30-11-1977).

[***]

Availment of surrender leave in a Block Period -- Certificate to be appended to the sanction Order.

[Cir. Memo. No. 106288/1893/FR. 1/77-1, Fin. & Plg. (Fin. Wing-FR-I), Dt. 30-5-1978].

Order :--

In G.O.Ms.No. 334, Fin & Plg. (Fin. Wing-FR-I), Dt. 28-9-1977 orders have been issued that earned leave not exceeding 15/30 days can be surrendered once within a block period of one/two calendar years respectively. 2. With a view to ensure that the surrender of leave has not been permitted more than once during the block period, it has been decided that the Authority competent to grant leave should append the following certificate to the sanctioning order in every case :--

"Certified that the surrender of leave now permitted of one or two calendar year (s) has not been sanctioned and availed by the Government Servant earlier".

[***]

Education -- Extension of facility of surrender leave to the teachers in all the non-Government schools and colleges under all managements viz., Zilla Parishads, Panchayat Samithis, Municipalities and Aided Private Managements -- Orders -- Issued.

(G.O.Ms.No. 418. Edn., Dt. 18-4-1979]

Ref.:--

1.        G.O.Ms.No. 172, Fin & Plg., Dt. 1-7-1974.

2.        G.O.Ms.No. 205, Fin. & Plg. (F.AI), Dt. 16-8-1978.

Order :--

1.        The teacher MLCs., Federation of Andhra Pradesh Teachers' Organisation and other teachers' Organisations have represented to Government to extend the facility to surrender leave sanctioned to Government servants in the G.Os. first and 2nd read above, subsequently amended in the other G.Os. to the teachers in all the Non-Government schools and colleges under all managements viz., Zilla Parishads. Panchayat Samithis, Municipalities and Aided Private Managements.

2.        The Government have carefully examined the representations and issue the following orders in view of the fact that the Leave Rules of vacation Department already apply to teachers of the aided institutions and Local Body Teachers and the question under consideration is merely the facility of encashing leave and not of earning the leave itself:

(i)       The facility of encashment of surrender leave sanctioned to the Government servants be extended to the teachers in (sic) non-Government Schools and Colleges under all managements viz., Zilla Parishads Panchayat Samithis. Municipalities and Aided Private managements with effect from 1-3-1979.

(ii)      The encashment of leave accumulated upto the date i.e., upto 1-3-1979 be permitted only upto a maximum of 15 days broken up into two parts of 8 days and 7 days.

(iii)     The first 8 days be permitted to be encashed in a block period of 2 years 1979-80 (Calendar years), and the second 7 days be permitted to be encashed in the block period 1981-82 (Calendar years).

(iv)    After the expiry of 2 block period i.e., after 1982 from January, 1983, they be allowed to surrender earned leave as in the case of Government teachers according to their eligibility.

(v)      The teachers who retire or die while in service after 1-3-1979 and within the first 2 years block of 1979-80 or the family of the teachers as the case may be, be permitted to encash the full 15 days (subject to eligibility) at the time of their retirement or death.

3.        The Director of School Education and Director of Higher Education are requested to take necessary steps to make budge provision in the corresponding years under the respective budget Head of expenditure.

[***]

Surrender of leave while in service and encashment of leave on retirement -- Crediting advance credit of leave -- Instructions -- Issued.

[Cir. Memo. No. 50798/1063/FR-1/79-1, 22-11-79]

Ref. :--

1.        G.O.Ms.No. 334, Fin. & Plg. (F.W. F.R.I) Dept., Dt. 28-9-1977.

2.        G.O.Ms.No. 384, Fin. & Plg. (F.W. F.R.I) Dept., Dt. 5-11-1977.

3.        G.O.Ms.No. 415, Fin. & Plg. (F.W. F.R.I) Dept., Dt. 30-11-1977.

Order :--

1.        According to para 1(i)(a) of the G.O. 2nd cited, the account of leave of each regular Government Servant should be credited with 30 days Earned Leave in two installments, 15 days on the 1st of January and 1st of July every year. As per para 3 of the said G.O., the credit retire or resigns from service shall be afforded only at the rate of 2 days per completed month in that half year upto the date of retirement/resignation.

2.        A point has arisen whether in the case of Government Servants who on 31st December/30th June of a year have 180 days Earned Leave/privilege Leave to their credit and who intend to avail leave or surrender leave on 1st January/ 1st July should be allowed to Avail/Surrender from the accumulated 180 days first or the advance credit of 15 days leave be added on 1st January/1st July to their leave account and the maximum accumulation of Earned Leave/privilege Leave restricted to 180 days.

3.        Since the advance credit of leave on 1st January and 1st July of every year is given to facilitate Government Servants either to Avail/Surrender Leave in case of necessity and to be detrimental to their interest, it is hereby clarified that if a Government Servant Avails or Surrenders Earned Leave/Privilege Leave on 1st January/1st July of any year, this quantum of leave availed of/surrendered should be debited to his leave account first and the advance credit of Earned Leave/Privilege Leave as per eligibility due for that half year, should then be added to his leave account.

4.        The above clarification applies to all cases arising from 1st January. 1978 i.e., the date from which advance credit of Earned Leave/Privilege Leave was ordered to be added in the G.O. 2nd cited.

[***]

Education -- Sanction of surrender leave to teachers under Zilla Parishads, Panchayat Samithis, Municipalities and aided Private Managements -- Clarification -- Issued.

[Memo. 175-HI /80-2, Edn., 24-4-1980]

Ref. :--

1.        G.O.Ms.No. 418, Education, Dt. 18-4-1979.

2.        From the Dy. C.E.O. Z.P. Viz., Lr. Re. No. 18/80. CI, Dt. 4-1-1980.

Order:--

With reference to the orders issued in G.O.Ms.No. 418, Education, Dt. 18-4-1979, the Deputy Chief Executive Officer, Zilla Parishad, Vizianagaram raised the following issues for clarification :

1.        Whether the surrender leave can be sanctioned in the first block period of the year 1979-80 (Calendar years) even though the leave at credit as on 1-3-1979 is less than 15 days : and

2.        While sanctioning the surrender leave during the block period of two years (1979-80 Calendar years) the leave that accrued as on 1-3-1979 only has to be taken into consideration and that it should be not less than 15 days or the leave at credit to the date from which it is to be surrendered in these two calendar years can be considered.

3.        It is hereby clarified that the teachers should have necessarily 15 days or more leave to credit on 1-3-1979 and then only they become eligible for the benefit of surrender leave extended in G.O.Ms.No. 418, Education, Dt. 18-4-1979. A question will however, arise whether a teacher having less than 15 days leave to his credit as on 1-3-1979 and earns leave during the block period 1979-80 and 1980-81 under the rules, should be allowed the concession when he makes up 15 days or more during this period. If the teacher acquires 15 days leave during 1979-80 (Calendar years) there would not be difficulty, because he would have become eligible for 8 days leave during 1979-80 first block period and the balance of 7 days leave during the second block period (1981-82). But however, teacher earning 15 days leave during the second block period i.e., 1981-82 (Calendar years) will pose a problem to extend the benefit as in such cases, the concession will go beyond 4 years block period. Keeping in view the hardship to such teachers and as they are earning the required leave of 15 days during the block period 1979-80, the encashment of 15 days leave by them during the block period 1981-82, shall be allowed in such cases.

[***]

Government of A.P., Fin. & Plg. (F.R.I) Dept. Lr. 18108/321/ FRI/80-1, Dt. 30-5-1980.

Order :--

Government clarified that the Government Employees were permitted to surrender not exceeding 50% of their earning capacity subject to the limit prescribed in G.O. 334, Fin., Dt. 28-9-1977. The earning capacity of leave by a regular employee in a calendar year is 30 days and that of emergency employee is 15 days. To avoid fraction in the leave earning capacity that is 7-1/ 2 days on 1st January, another 7-1/2 days on 1st July it has been ordered in G.O. 384, Dt. 5-11-1977, to credit leave accounts at the rate of 8 days in two instalments to such employees. Though the earning capacity of the emergency employees is 16 days in an year and 32 days in two years they can only be permitted to surrender 15 days of earned leave in the alternate calendar year as per G.O. 334, Dt. 28-9-1977. Therefore the question of permitting emergency employees to surrender 8 days leave in a calendar year does not arise, as they can be allowed to surrender leave not exceeding 15 days in an alternate calendar year only.

In the light of the above position the question of allowing emergency Government Servants last Grade Government Servants with less than 15 years of regular service to surrender 8/16 days leave in one or two calendar years in excess of the limit of 15 days specified in G.O. 334, Dt. 28-9-1977 does not arise.

[***]

U.O. Note No. 31504-A/978/A2/81-2/FRI, Fin. Dept., Dt. 3-8-1981.

Order :--

Emergency and regular Class IV Government employees with less than 15 years of regular service and emergency employees in superior service are eligible to surrender 15 days of earned leave after completion of 24 months of service from the first surrender. Subsequent sanction for the surrender of 15 days of earned leave may be accorded at any time during alternate calendar years.

Class IV Government employees with more than 15 years of regular service may be permitted to surrender 15 days of earned leave at any time during each calendar year and 30 days of earned leave at any time during alternate calendar years.

The Heads of Departments are requested to recover the excess payments, if any, made to their employees.

[***]

G.O.Ms.No. 1, Fin. & Plg. (Fin. F.R.I) Dept., Dt. 3-1-1983.

Order:--

All regular Government employees are permitted to receive surrrender value of earned leave, if at credit, not exceeding 30 days, at anytime during a calendar year.

[***]

G.O.Ms.No. 13, Fin. & Plg. (F.R.I), Dt. 20-1-1983.

[Amended in G.O.Ms.No. 186, Fin. (F.R.I) Dept., Dt. 2-6-1983].

Order:--

The orders contained in G.O.Ms.No. 1, Fin. (F.R.), Dt. 3-1-1983 are kept in abeyance until further orders.

[***]

G.O.Ms.No. 232, Fin. & Plg. (Fin. F.R.I) Dept., Dt. 17-8-1983.

Order:--

1.        The facility to surrender earned leave for 30 days is available for the calendar year 1983 only. From the calendar year 1984 onwards the position which obtained before issue of the G.O.Ms.No. 1, Fin., Dt. 3-1-1983, shall come into force.

2.        If any Government servant has already enjoyed the benefit of surrender of 30 days of earned leave during the year 1983, he shall not be eligible for any more encashment during 1983.

3.        If a Government servant has enjoyed the surrender of 15 days of earned leave during the year, 1983, he may be allowed to encash leave for a further period of 15 days, if entitled.

[***]

Leave Rules -- Encashment of Earned Leave and Privilege Leave -- Encashment during the Financial year [1990-91] -- Reg.

[Please Note :--

The Procedure of encashment of surrender leave as prescribed in this memo shall continue to be in force during 1991-92 also (vide Memo. No. 29231-B/820/FR. 1/91, Fin. & Plg., Dt. 6-3-1991].

[Memo. No. 34260-C/158/FR. 1/90-2, Fin. Plg., Dt. 2-4-1990]

Ref. :--

1.        G.O.Ms.No. 172, Fin & Plg. (FR. I) Dept., Dt. 1-7-1974.

2.        G.O.Ms.No. 294, Fin & Plg. (FR. I) Dept., Dt. 1611-1988.

3.        Memo No. 8903/69-A/FR.I/89-1, Fin. &Plg., (FW. FR.I) Department, Dt. 31-3-1989.

4.        Memo. No. 8672-A/305/FR.I/89-1, Fin. & Plg. (FR. I) Dept., Dt. 13-4-89.

5.        Memo. No. 313/833/FR.I/89-1, Fin. & Plg.(FR.I) Dept., Dt. 1-5-89.

6.        Fin. & Plg. (FW.FR-I) Dept., Wireless Message No. 34260-C/158/ FR.I/90-1, Dt. 31-3-1990.

Order :--

1.        In the order first read above, instructions were issued permitting Government servants to Surrender Earned Leave not exceeding 15 days, once in a year without availing leave and receive leave salary in lieu of the leave so surrendered. If the interval is 24 months, the Government servants were permitted to surrender the leave not exceeding 30 days.

2.        In the order second cited the facility of encashment of Earned Leave/ Privilege. Leave which was kept in abeyance has been restored. It was however ordered that, since the Budget is formulated with reference to the Financial year, the encashment from the year 1989 onwards, shall be from 1st April. To regulate the expenditure, it was ordered in the Memo 3rd cited that the encashment of leave for the Financial Year 1989-90 shall be regulated as indicated below :

April and May, 1989

 

Class IV employees

June and July, 1989

 

Non-Gazetted Employees including Police Personnel and Teachers.

August & September, 89

 

Gazetted Officers.

3.        In the Memo 4th cited, instructions were issued that the Government servants who are due to retire before the period fixed for encashment of leave in the Memo. 3rd cited may be allowed to encash the leave, if they so desire, before the period when encashment normally becomes due.

4.        In the Memo. 5th cited instructions were issued that the encashment facility may be extended to officers of All India Services soon after their Central postings is received without waiting for the scheduled period of August/ September, 1989.

5.        In the case of Government employees whose title in the first half of the calendar year 1989 is 240 days and their title as on 1-7-1989 will lapse unless they are allowed to encash the leave before 1-7-1989. In such cases it was ordered in the Memo 5th cited that the facility of encashment may be extended if the employees so desire.

6.        Government have examined the issue again in the light of implementation of orders issued in G.O. second cited during the Financial Year 1990-91 and have decided that in order to regulate the expenditure during the current financial year, the encashment of leave for the financial year 1990-91 may be regulated as was done in the last financial year. Accordingly Government hereby order that the Government employees can encash their leave in the manner indicated below:

April & May, 1990

........

Class IV Employees

June & July, 1990

........

N.G.Os including Police Personnel & Teachers.

August & September, 90

........

Gazetted Officers.

7.        Instructions issued in the references 4th and 5th cited shall also be followed during the Financial Year 1990-91.

8.        The Departments of Secretariat/Heads of Offices are requested to keep these instructions in view, while sanctioning encashment of leave during the financial year 1990-91.

9.        The Treasury Officers/Local Fund Audit Authorities/Pay and Accounts Officer, Hyderabad and Deputy Financial Adviser, Projects/Directors of Accounts of Major Projects are requested to follow these instructions scrupulously while dealing with the bills if any for encashment of leave of the financial year 1990-91.

[***]

Encashment of Earned Leave on retirement from service -- Enhancement of ceiling from 180 to 240 days -- Orders -- Issued.

[G.O.Ms.No. 420, Fin & Plg. Dept., Dt. 3-12-1990]

Ref. :--

1.        G.O.Ms. No. 415, Fin. & Plg. (FW FR. I) Dept., Dt. 30-11-77.

2.        From the Government of India, O.M.No. 140281/19/86, Estt. (L), Dt. 29-9-1986.

3.        From the President, A.P. Secretariat Assn., representation Dt. Nil.

Order :--

1.        In the G.O, 1st read above, orders were issued enhancing the maximum limit of encashment of PL/EL at the credit of a Government Servant on the date of retirement from 120 days to 180 days.

2.        In the O.M. second cited, the Government of India have issued orders permitting encashment of unutilised E.L. as on the date of retirement upto a maximum of 240 days with effect from 1-7-1986.

3.        The A.P. Secretariat Officers Association in their representation 3rd read above has requested that the State Government Employees may also be given the benefit of encashment of E.L./P.L. on retirement from service at 240 days as in the case of Central Govt. and also A.I.S. Officers.

4.        Government after careful consideration of the request of the A.P. Secretariat Officers Association hereby order that the maximum limit of encashment of P.L./E.L. at the credit of a Government Servant on the date of retirement shall be enhanced from 180 days to 240 days.

5.        These orders shall come into force with effect from 31-3-1990, the date on which gratuity has been enhanced.

[***]

Leave Rules -- Encashment of Earned Leave/Privilege Leave -- Encashment during the financial year -- Clarification -- Issued.

[Memo. No. 1235/TE.2/91-2. Dt. 23-12-1991]

Ref. :--

From the Commissioner & Director of Technical Education, A.P. Hyderabad Lr.No. OP2/1392/91. Dt. 22-7-1991.

Order :--

With reference to the letter cited, the Commissioner & Director of Technical Education may be informed that officers or employees whose Earned Leave at credit is more than 225 days and which will go beyond 240 days when 15 days Earned Leave has been credited either on 1st January, or 1st July, of a respective year, may be permitted to encash earned leave without waiting for the scheduled period of August/Sept, or June/July or April/May as the case may be.

[***]

Encashment of Earned Leave/Privilege Leave on retirement from service -- Enhancement of ceiling from 180 to 240 days -- Extension to the Govt. Servant who die while in Service --

Orders -- Issued.

[G.O.Ms.No. 238. Fin. & Plg., Dt. 16-9-1991]

Ref:--

1.        G.O.Ms.No. 208, Fin. & Plg. (FW.FR.-I) Dept., Dt. 16-8-1975.

2.        G.O.Ms.No. 415, Fin. & Plg. (FW.FR.-I) Dept., Dt. 30-11-1977.

3.        G.O.Ms.No. 420. Fin. & Plg. (FW.FR.-I) Dept., Dt. 3-12-1990.

Order :--

In the G.O. 3rd read above, orders are issued enhancing the maximum limit of encashment of Earned Leave/Privilege Leave at their credit of a Govt. Servant on the date of retirement from 180 days to 240 days with effect from 31-3-1990.

Government have received few cases wherein a clarification was sought as to whether the same facility of encashment of Earned Leave/Privilege Leave on retirement from service at 240 days may also be allowed in the cases of Government employees who die while in service.

Government after careful consideration, hereby order that the orders issued in the G.O. third read above are equally applicable to the cases of death while in service.

[***]

Encashment of Earned Leave/Privilege leave on retirement/on superannuation/death -- Extension of benefits --Further Orders -- Issued.

[G.O.Ms.No. 334, Fin &Plg., Dt. 14-9-1993]

Ref. :--

1.        Cir. Memo No. 61893/ 1785/FR.-1/75-2, Fin. & Plg., (FW. FR.-I) Deptt., Dt. 5-2-1976.

2.        G.O.Ms.No. 19 Fin. & Plg. (FW.FR.-I) Dept., Dt. 24-1-1977.

3.        G.O.Ms.No. 420. Fin. & Plg. (FW.FR.-I) Dept., Dt. 3-12-1990.

4.        G.O.Ms.No. 238, Fin. & Plg. (FW.FR.-I) Dept., Dt. 16-9-1991.

5.        G.O.(P).No. 162. Fin. & Plg. (FW.PC.-I) Dept., Dt. 20-5-1993.

Order:--

In the G.O. 5th read above it has been ordered that the Revised Scales of Pay, 1993 shall be deemed to have come into force on and from 1-1-1993 and the monetary benefit shall be allowed from 1-4-1993. Further, in para 8 of the said G.O. (P), it has been ordered that the persons who retired between 1-1-1993 and 31-3-1993 shall also be eligible for the Revised Pay Scales 1993 and that the notional pay fixed in the Revised Pay Scales, 1993 in accordance with these orders, shall in such case count towards pensionary benefits.

As per the provision to sub-clause (i)(b) of clause (d) under Rule 4 of A.P. Leave Rules, 1933, an Officer who proceeds on Earned Leave is entitled to leave salary equal to the pay drawn immediately before proceeding on leave. The same provision has been extended to the cases of encashment of Earned, Leave/ Privilege Leave at the time of retirement/death of State Government employees, in view of these provisions, the employees who retired or died on or after 1-1-1993 to 31-3-1993 and who opted for Revised Pay Scales w.e.f. 1-1-1993, are not entitled to reckon the notional pay as their basic pay for drawal of leave salary on encashment of Earned Leave.

After careful examination and in order to remove any ambiguity, Government hereby order that the notional pay fixed in the Revised Pay Scales, 1993, may be allowed for payment of leave salary on encashment of leave in respect of Government employees who opted to Revised Pay Scales, 1993, w.e.f. 1-1-1993 and retired on superannuation/died between the period from 1-1-1993 to 31-3-1993.

[***]

Encashment of Earned Leave/Privilege Leave on retirement on Superannuation death -- Extension of benefits -- Further Orders -- Issued.

[G.O.Ms.No. 79, Fin. & Plg., Dt. 24-2-1994]

Ref. :--

1.        Cir. Memo No. 61893/1785/FR.-I/75-2, Fin. & Plg., (FW. FR.-I) Deptt, Dt. 5-2-1976.

2.        G.O.Ms.No. 19 Fin. & Plg. (FW.FR.-I) Dept., Dt. 24-1-1977.

3.        G.O.Ms.No. 420, Fin. & Plg. (FW.FR.-I) Dept., Dt. 3-12-1990.

4.        G.O.Ms.No. 238, Fin. & Plg. (FW.FR.-I) Dept., Dt. 16-9-1991.

5.        G.O.Ms.No. 162, Fin. & Plg. (FW.FR.-I) Dept., Dt. 20-5-1993.

6.        G.O.Ms.No. 334, Fin. & Plg. (Fw, FR-I) Dept., Dt. 14-9-1993.

7.        G.O.(p) No. 18, Fin. & Plg. (FW. FR-I) Dept. Dt. 19-1-1994).

Order:--

1.        In the G.O. 5th read above it has been ordered that the Revised Scales of Pay, 1993 shall be deemed to have come into force on and from 1-1-1993 and the monetary benefit shall be allowed from 1-4-1993. Further, in para 8 of the said G.O. (P), it has been ordered that the persons who retired between 1-1-1993 and 31-3-1993 shall also be eligible for the Revised Pay Scales 1993 and that the notional pay fixed in the Revised Pay Scales, 1993 in accordance with these orders, shall in such case count towards pensionary benefits.

2.        As per the provision to sub-clause (i)(b) of clause (d) under Rule 4 of A.P. Leave Rules, 1933, an Officer who proceeds on Earned Leave is entitled to leave salary equal to the pay drawn immediately before proceeding on leave. The same provision has been extended to the cases of encashment of Earned, Leave/ Privilege Leave at the time of retirement/death of State Government employees, in view of these provisions, the employees who retired or died on or after 1-1-1993 to 31-3-1993 and who opted for Revised Pay Scales 1993, are not entitled to reckon the notional pay as their basic pay for drawal of leave salary on encashment of Earned Leave.

3.        In order to remove any ambiguity, in the G.O. 6th read above it has been ordered that the notional pay fixed in the Revised Pay Scales, 1993 may be allowed for payment of leave salary on encashment of leave in respect of Government employees opted to R. P. S. of 1993, w.e.f. 1-1-1993 and retired on superannuation/died between the period from 1-1-1993 to 31-3-1993.

4.        In para 4 of the G.O.(P) 7th read above, it has ordered that the employees who retired between 1-7-1992 and 31-3-1993 shall also be eligible for the Revised Pay Scales, 1993. The notional pay fixed in Revised Pay Scales, 1993 in accordance with the said orders shall in such cases count for pensionary benefits.

5.        Government after careful examination and, in order to remove any ambiguity, hereby order that the notional pay fixed in the Revised Pay Scales. 1993 shall be allowed for payment of leave salary on encashment of leave in respect of Government employees who opted to Revised Pay Scales, 1993 i.e., with effect from 1-7-1992 and retired on superannuation /died between the period from 1-7-1992 to 31-3-1993.

[***]

Encashment of Leave on Half Pay at the time of retirement of Government Employees -- Orders -- Issued.

[G.O.Ms.No. 342, Fin. & Plg., Dt. 30-9-1994].

Ref.:--

1.        G.O.Ms.No. 46, G.A. (Ser. Wel.) Dept., Dt. 28-1-1994.

2.        O.M.No.P. 14025/11/82-Estt. (Leave) Department of Personnel and Training, Government of India, Dt. 25-8-1983.

3.        O.Ms.No. 14020/1/90-Estt. (L), Department of Personnel and Training, Government of India, Dt. 6-4-1993.

4.        Recommendations of High Power Committee.

Order:--

1.        The Joint Action Committee of Employees, Teachers and Workers of Andhra Pradesh have represented, among others, that the Government of India have issued orders for encashing the half pay leave at the time of retirement and the same benefit may be extended to the State Government employees also.

2.        In the Government Order first read above, Government have constituted a High Power Committee of Secretaries to Government under the Chairmanship of Sri A.V.S. Reddy, IAS, to examine and recommend on the various demands put forth by the--employees. The High Power Committee, among others, mended that the benefit of encashment of leave on Half Pay on retirement as is applicable to the employees of the Government of India, may be extended to the State Government employees also.

3.        As per Rule 39(5) of Central Civil Services (Leave) Rules, 1972, a Government Servant who retires on retiring, pension may be granted cash equivalent of the leave salary in respect of Earned Leave at his credit subject to a maximum of 240 days and also in respect of all half pay leave at his credit provided that this period (E.L. + H.P.L.) does not exceed the period between the date on which he so retires or is retired from service and the date on which he would have retired on attaining the age prescribed for retirement under the terms and conditions governing his service. The cash equivalent shall be equal to the leave salary as admissible for Earned Leave and/or equal to the leave salary as admissible for half pay leave plus Dearness Allowance admissible on the leave salary for the first 240 days, at the rates in force on the date the Government Servant so retires or is retired from service. The pension and pension equivalent of other retirement benefits and ad hoc relief/graded relief on Pension shall be deducted from the leave salary paid for the period of half pay leave, if any, for which the cash equivalent is payable. The amount so calculated shall be paid in one lumpsum as a one time settlement. No House Rent Allowance or City Compensatory Allowance shall be payable, provided that if leave salary for the half pay leave component falls short of pension and other pensioner benefits, cash equivalent of half pay leave shall not be granted.

4.        As per Rule 39-B of Central Civil Services (Leave) Rules, 1972, a Government Servant who retires or is retired on invalidation for further service may be granted cash equivalent of leave salary in respect of leave due and admissible on the date of the retirement on invalidation from service provided that the period of leave for which he is granted cash equivalent does not extend beyond the date on which he would have retired in the normal course after attaining the age of superannuation. The cash equivalent payable shall be equal to the leave salary as calculated under Rule 39(5) of the Central Civil Services (Leave) Rules, 1972.

5.        There is no provision in the Central Civil Services (Leave) Rules, 1972, for the payment of cash equivalent of Half Pay Leave to the employees (i) in the case of Government Servants compulsorily retired as a measure of penalty, (ii) in the case of a Government servant whose services are terminated by notice or by payment of pay and allowances in lieu of such notice, (iii) in the case of a Government Servant who resigns/quits the service; and (iv) to a Government Servant who is re-employed after retirement.

6.        In the Office Memorandum of Government of India second read above, it was ordered that the encashment of Earned Leave due and admissible, subject to a maximum of 240 days, may be allowed to the Government Servants in cases of premature/voluntary retirement or retirement to invalidation, even if this exceeds the period between the date on which the officer retires and the date on which he would have retired in the normal course on superannuation.

7.        In the Office Memorandum of Government of India third read above, it was ordered the entire Half Pay Leave at the credit of Government Servants who retire on superannuation shall be allowed to be encashed subject to the condition that pension and pension equivalent of other retirement benefits shall be deducted from the amount payable as cash equivalent.

8.        The following formula for calculation of cash equivalent of Half Pay Leave was also specified in Office Memorandum No. P. 14025/5/81 /Estt.(L), dated 30-10-1982 of Government of India and in the Office Memorandum of Government of India third read above.

9.        (i) After careful examination of the matter, the Government have decided to accept the recommendation of the High Power Committee and to extend the benefit of encashment of Half Pay Leave at the credit of the State Government Servants on their retirement, as is applicable to Central Government Employees. All the State Government Employees who retire or are retired on superannuation pension or on retiring pension or on invalid pension are eligible for the encashment of leave on half pay at their credit on the date of retirement/ invalidation.

(ii) In the case of employees retiring on retiring pension and on invalid pension, the total period of encashment of Earned Leave plus Half Pay Leave (both put together) shall not exceed the period between the date on which the employee so retires or is retired from service and the date on which the employee would have retired in the normal course after attaining the age of superannuation as per rules. However, such Government Servants may be allowed the encashment of Earned Leave upto a maximum of 240 days even if this (i.e., 240 days) exceeds the period between the date on which the employee retires and the date on which the employee would have retired in the normal course on superannuation.

(a)      The cash equivalent of leave salary on account of encashment of leave on half pay ordered in the above para shall be calculated in the manner indicated below:

(b)      House Rent Allowance and City Compensatory Allowance shall not be payable.

(c)      The Pension Equivalent to Gratuity shall be calculated with reference to the table in the Andhra Pradesh Civil Pensions (Commutation) Rules, 1944.

(d)      If the total amount of leave salary for the leave half pay component plus Dearness Allowance thereon, if admissible falls short of the total amount of pension + Pension Equivalent to Gratuity + Dearness relief on pension the cash equivalent of leave on half pay shall not be granted.

10.     These orders are not applicable to those State Govt. Servants :--

(i)       who are compulsorily retired;

(ii)      who have resigned/quit the service; and

(iii)     who are re-employed after retirement.

11.     These orders shall come into force with effect from 1-9-1994 i.e., applicable only to the cases of retirements on or after 30-9-1994.



[1] The date precedent the date of commencement of leave to be specified here.

[2] Designation of the post to be specified here.

[3] Substituted by G.O.Ms.No. 300, Fin., dated 18-11-1965.

[4] Inserted by G.O.Ms.No. 24. Finance (F.R.I.), dated 16-1-1971).

[5] Omitted by G.O.Ms.No. 300, Finance (F.R.I.) dated 18-11-1965.

[6] Inserted by G.O.Ms.No. 300, Finance (F.R.I.) dated 18-11-1965.

[7] Substituted by G.O.Ms.No. 24 Fin. dated 16-1-1971.

[8] Inserted by G.O.Ms.No. 32, Fin. dated 22-1-1972.

[9] Now factories Act 1948.

[10] Substituted by G.O.Ms.No. 205, Finance, dated 8-6-1980]

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