KERALA SERVICE RULES

PART I PAY, LEAVE, JOINING TIME, ETC.

CHAPTER I GENERAL SCOPE

Rule - 1.

(i)       These rules may be called the Kerala Service Rules.

(ii)      The rules in Part I and Part II shall be deemed to have come into force with effect from 1st November 1959 and those in Part III shall be deemed to have come into force from 1st November 1956.

Rule - 2.

Subject to the provisions of Rule 3,-

(i)       the rules in Part II relating to Travelling Allowance shall apply to every person in the whole time employment of the Government (other than a person so employed in the contingent or work establishment);

(ii)      the remaining rules shall apply to every person in the whole time employment of the Government (other than a person so employed in the contingent or work establishment),-

(a)      who was not in the service of the Government of Travancore- Cochin or the Government of Madras on 31st October 1956, or

(b)      who was in the service of the Government of Travancore-Cochin or the Government of Madras on 31st October 1956 and who continued to be in the service of the Government of Kerala, but has opted to be governed by these rules in accordance with such conditions as may be laid down by the Government in this behalf; or

(c)      who was absorbed to Government service on or after 1st November 1956, but who prior to such date was in the service of any quasi-Government or other institution and whose appointment and conditions of service were governed by any law or rule made under any law for the time being in force, if such person exercises his option to be governed by these rules, subject to such conditions as may be laid down by Government in this behalf.

Ruling

The rules in Part II, Kerala Service Rules relating to Travelling Allowances shall apply to the persons appointed to the service of the Government temporarily under Rule 9 of Part II of the Kerala State and Subordinate Service Rules also.

Rule - 3.

(i)       These rules shall not apply to,-

(a)      persons for whose appointment and conditions of employment special provision is made by or under any law for the time being in force;

(b)      persons in respect of whose conditions of service, pay and allowances, pension, leave or any of them, special provision has been made by agreement entered into before these rules were made or entered into thereafter in pursuance of the provisions of Rule 8:

Provided that in respect of any matter not covered by the provisions special to him, his service or his post, these rules shall apply to any person coming within the scope of clauses (a) and (b) above, to whom but for those clauses the rules would otherwise apply.

(ii)      Notwithstanding anything contained in Rule 2 the Government may, by notification in the Gazette, exclude wholly or in part from the operation of these rules any officer or any class of such officers to whom the Government shall declare that the rules cannot suitably be applied, and these rules shall thereupon to the extent of such exclusion, cease to apply accordingly.

Note.-- These rules as a whole shall not apply to the persons appointed to the service of the Government temporarily under Rule 9 of Part II of the Kerala State and Subordinate Service Rules, 1958, except to the extent specified by the Government.

Government Decision

The direct recruits to the personal staff of the Ministers will be governed by the service conditions specified in the Special Rules applicable to them and in respect of any matter not covered by the provisions in such Special Rules, the provisions in the Kerala Service Rules will apply.

Rule - 4.

If any doubt arises as to whether these rules apply to any person, the matter shall be referred to the Government and the decision of the Government shall be final.

Rule - 5.

Nothing in these rules or in any rule made thereunder shall operate to deprive any person of any right or privilege to which he is entitled,-

(a)      by or under any law, or

(b)      by the terms of any contract or agreement subsisting between such person and Government on the date these rules come into force.

Rule - 6.

Subject to the provisions of Rule 5, nothing in these rules or any rule made under these rules shall operate to affect to the disadvantage of any person holding a substantive post under Government to whom these rules apply, the conditions of service in respect of pay, leave, allowances, pension or any other matter which are applicable to him-

(a)      on the date these rules came into force, or

(b)      by virtue of any order or rule made by the Government, unless such person gives his consent.

Rule - 7.

Where Government are satisfied that the operation of any rule under these rules causes undue hardship in any particular case, the Government may dispense with or relax the requirements of that rule to such extent and subject to such conditions as they may consider necessary for dealing with the case in a just and equitable manner.

Rule - 8.

When in the opinion of the Government, special provisions inconsistent with any of these rules or of any rules made thereunder are required in respect of conditions of service, pay and allowances, leave and pension or any of them, with reference to any particular post, it shall be open to the Government, notwithstanding anything contained in these rules, to provide by agreement with the person appointed to such post for any of the matters in respect of which in the opinion of the Government special provisions are required to be made, and to the extent to which such provisions are made in the agreement, nothing in these rules or in any rules made thereunder shall apply to any person so appointed in respect of any matter for which provision is made in the agreement :

Provided that in every agreement made it shall further be provided that in respect of any matter in respect of which no provision has been made in the agreement, the provisions of these rules or of rules made thereunder shall apply. (For model form of agreement See Appendix I).

Rule - 9.

The Government may delegate to any of its officers subject to any conditions which it may think fit to impose any power conferred upon it by these rules with the following exceptions :-

(a)      power to make rules;

(b)      [Deleted];

(c)      power to regulate the terms and conditions for grant of compensatory allowances;

(d)      to determine the standard rent of buildings and the rent recoverable from an officer occupying the residence;

(e)      to remit leave and pension contributions in respect of an officer transferred on foreign service; and

(f)       to permit an officer on foreign service to receive pension or gratuity from foreign employer.

Rule - 10.

No powers may be exercised or delegated under these rules except after consultation with the Finance Department. It shall be open to that Department to prescribe, by general or special order, cases in which its consent may be presumed to have been given.

Rule - 11.

The Government reserve to themselves the power to modify these rules as may from time to time seem expedient and to interpret them in case of doubt.

Ruling

An officer's claim to pay and allowances is regulated by the rules in force at the time in respect of which the pay and allowances are earned; to leave, by the rules in force at the time the leave is applied for and granted; and to pension, by the rules in force at the time when the officer resigns or is discharged from the service of the State.

Persons governed by the Kerala Service Rules who were on leave on the crucial date, i.e. 1st November 1959, the leave having been sanctioned in good faith and availed of from a date prior to 1st November 1959 will be treated to have come over to the leave rules in the Kerala Service Rules on the expiry of the first spell of leave originally sanctioned. Any further extension of such leave after 1st November 1959 should be regulated only in terms of the rules in Kerala Service Rules. No arrears will, however, be paid, nor amounts drawn in excess recovered as a result of such readjustment of leave.

CHAPTER II DEFINITIONS

Rule - 12.

Unless there be something repugnant in the subject or context the terms defined in this chapter are used in the rules in the sense here explained :-

(1)     Actual travelling expenses.-means the actual cost of transporting an officer and his personal luggage including charges for ferry and other tolls and for carriage of camp equipment, if necessary. It does not include charges for hotels, travellers bungalows or refreshments or for the carriage of stores or conveyances or for presents to coachmen and the like, or any allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of servants.

(2)     Apprentice.-means a person deputed for training with a view to employment in Government service, who draws pay at monthly rates from Government during such training, but is not employed in or against a substantive vacancy in the cadre of a department.

(3)     Audit Officer.-means the Head of the Office of Accounts and Audit subordinate to the Comptroller and Auditor General of India, whether designated as Comptroller or Accountant General or by any other designation.

(3A) Average Pay.-[Deleted].

(4)     Cadre.-means the strength of a service or part of a service sanctioned as a separate unit.

(5)     Compensatory Allowance.-means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes Travelling Allowance.

(5A) Competent Authority.-Competent authority in respect of any officer, in so far as any power delegated under these rules is concerned, means the authority to which such power has been delegated and where no such specific delegation has been made, the competent authority is, unless otherwise stated, the authority in whom the power to appoint such officer has been or is vested from time to time by the State Government.

(6)     Day.-means a calendar day, beginning and ending at midnight; but an absence from headquarters which does not exceed 24 hours shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends.

(7)     Duty.-Duty includes-

(i)       Service as a probationer or apprentice, provided that such service is followed by confirmation.

(ii)      Joining time.

(iii)     A course of instruction or training which an officer undergoes specially ordered by Government to be treated as duty.

Note 1.-A student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through a course of training at a University, College or School shall unless in any case it be otherwise expressly provided in the terms of his appointment, be treated as on duty during the interval between the satisfactory completion of the course and his assumption of duties.

Note 2.-An officer required or permitted to attend an obligatory departmental examination may be treated as on duty during the day or days of the examination and during the reasonable time required for the journey, if any, to and from the place of examination.

Explanation. - The term 'obligatory departmental examination' means-

(i)       any test a pass in which is prescribed for the successful completion of probation or training of an officer, whether recruited direct or by transfer;

(ii)      any test a pass in which is prescribed for the purpose of making an officer eligible for increment or for confirmation in any post;

(iii)     any test a pass in which is prescribed for promotion to any higher post coming in the line of promotion in the department concerned;

(iv)    any test a pass in which is prescribed as a qualification for continuance in the post;

(v)      any test a pass in which is newly prescribed for persons already in the service concerned.

Note 3.-The period spent on training by officers who are reservists of the Defence Forces and the period of their journey to and from the training centre may be treated as duty.

Ruling

In all cases of deputation of officers for a course of instruction or training under these rules, the period of such training, if treated as duty under sub-clause (iii) of the above rule, should be specified as such in the orders sanctioning such deputation. A separate clause that the period will count for increment, leave and pension is not necessary in such cases. In case where an officer selected for training is found unsuitable on medical examination or otherwise, the period spent by him in India for journey for medical examination, etc. in connection with the training will be treated as leave and no Travelling Allowance will be allowed for such journeys.

Note 4.-When a Government Servant on return from leave, training, foreign service or on termination of previous appointment, has compulsorily to wait for orders of posting, the interval between the date of report and the date on which he takes charge of his duties shall be treated as 'duty' provided that the interval between the date of receipt of orders and his assumption of duties shall not in any case exceed the amount of joining time admissible under Rule 125(a). During such period of duty, he will be entitled to pay according to Rule 26. Avoidable delay caused in giving posting orders in such cases shall render the authorities concerned, liable for the excess expenditure, if any, caused thereby.

Note 5.-The period spent on training by teachers (both stipendiary and non-stipendiary) deputed for training from departmental Schools to Training Colleges/Training Schools may be treated as duty.

This amendment shall be deemed to have come into force with effect from 1st November 1959.

Note 6.-When a Government Servant is deputed by Government to participate in a Civil service Tournament as a member of the team or to participate in the coaching camps organised in connection thereto, the period spent for participation in such tournaments/coaching camps, including the time taken for to and fro journeys will be treated as duty.

Explanation.-The term 'Civil Service Tournament' shall mean India Civil Services Tournaments organised by (a) the Central Civil Service Sports Control Board, (b) State Governments on behalf of the above Board and (c) Sports Councils or Associations authorised by the State Government, on behalf of the Central Civil Service Sports Control Board.

The note shall be deemed to have come into force with effect from 1st July 1980.

(8)     Fee.-means a recurring or non-recurring payment to an officer from a source other than the General Revenues whether made directly to the officer or indirectly through the intermediary of Government but does not included--

(a)      unearned income, such as income from property, dividends and interests on securities; and

(b)      income from literary, cultural or artistic efforts, if such efforts are not aided by the knowledge acquired by the officer in the course of his service.

(9)     Foreign Service.-means service in which an officer receives his pay with sanction of Government from any source other than the Consolidated Fund of India or of a State.

(10)   General Revenues.-General Revenues of Kerala include the Consolidated Fund, the Contingency fund and the Public Account of Kerala and exclude the revenues of Local Funds.

(11)   Government.-means the Government of Kerala.

(12)   Gratuity.-(See Pension)

(13)   Heads of Departments.-The term includes-

(a)      Officers who have been declared by the Government to be Heads of Departments. (See Appendix II)

(b)      Any other authority to which the Government may delegate the powers of a Head of Department.

(14)   Holiday.-means-

(a)      a holiday prescribed or notified by or under section 25 of the Negotiable Instruments Act, 1881; and

(b)      in relation to any particular office, a day on which such office is ordered by notification of Government in the Gazette to be closed for the transaction of Government business without reserve or qualification.

(15)   Honorarium.-means a recurring or non-recurring payment granted to an officer from the General Revenues of the State as remuneration for special work of an occasional or intermittent character.

(16)   Joining Time.-means the time allowed to an officer to join a new post or travel to or from a station to which he is posted.

(16A) Last Grade Service.-means service in any post included in the Kerala Last Grade Service constituted by the Special Rules for the Kerala Last Grade Service, published under G.O. (P) 82/Public (Rules) Department, dated the 8th March 1966, in Part I of the Kerala Gazette No. 14, dated the 5th April 1966, as amended from time to time, and includes [1]all other posts carrying the lowest scale of pay in the schedule of pay scales in force from time to time and service in any post declared by the Government to be a post in the Last Grade Service.

(17)   Leave salary.-means the monthly amount paid by Government to an officer on leave.

(18)   Lien.-means the title of an officer to hold substantively, either immediately or on termination of a period or periods of absence, a permanent post to which he has been appointed substantively.

(19)   Local fund.-means-

(a)      revenues administered by bodies which by law or rule having the force of law come under the control of Government, whether in regard to proceedings generally or to specific matters, such as the sanctioning of their budgets; sanction to the creation or filling up of particular posts, or the enactment of leave, pension or similar rules; and

(b)      the revenues of any body which may be specially notified by the Government as such.

(20)   Ministerial Officer-means an officer of a subordinate service whose duties are entirely clerical, and any other class of officer specially defined as such by general or special orders of Government.

(21)   Month-means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently.

Note.-Whenever it is necessary to calculate a period in calendar months, the period shall be taken to end either on the day of the month corresponding to the day before the day on which the period begins or if there is no such corresponding day in the month, then on the last day of the month.

Example.-A period of six calendar months beginning on the 28th February ends on the 27th August, 31st March ends on the 30th September, 30th or 31st August ends on the 28th February or 29th February, if leap year.

In calculating a period of 3 months and 20 days from 25th January, 3 months should be taken as ending on the 24th April and the 20 days on 14th May. In the same way the period from 30th January to 2nd March should be reckoned as 1 month and 2 days, because one month from 30th January ends on 28th February. A period of one month and 29 days commencing from 1st January will expire in an ordinary year (in which February is a month of 28 days) on the last day of February because a period of 29 days cannot obviously mean to exceed a period of full calendar month and leave for two months from 1st January would end on the last day of February. The same would be the case if February were a month of 29 days or if the broken period were 28 days (in an ordinary year).

(22)   Officiater.-An officer officiates in a post when he performs the duties of a post on which another person holds a lien. The appointing authority may, if it thinks fit, appoint an officer to officiate in a vacant post on which no other officer holds a lien.

(23)   Pay.-means the amount drawn monthly by an officer as-

(i)       the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre, and

(ii)      personal pay and special pay, and

(iii)     any other emoluments which may be specially classed as pay by the Government.

(24)   Pension.-Except when the term 'Pension' is used in contradistinction to gratuity or 'Death-cum-retirement gratuity', 'Pension' includes 'gratuity' and 'Death-cum-retirement gratuity'.

(25)   Permanent Post.-means a post carrying a definite rate of pay sanctioned without limit of time.

(26)   Personal Pay.-means additional pay granted to an officer-

(a)      to save him from loss of substantive pay in respect of a permanent post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure or

(b)      in exceptional circumstances, on other personal considerations.

Note.-All cases in which it is proposed to grant personal pay under clause (b) of the above rule should be referred to the Finance Department by the Administrative Department concerned. No case will be entertained which is not of an entirely exceptional character and in submitting cases for the grant of personal pay, this should be carefully borne in mind.

(27)   Presumptive Pay of a Post-When used with reference to any particular Government servant, means the pay to which he would be entitled if he held the post substantively and were performing its duties; but it does not include special pay unless the Government servant, performs or discharges the work or responsibility in consideration of which the special pay was sanctioned.

Note-The first part of the definition is intended to facilitate the use of the term in relation to an officer who has been absent from a post for some time but still retains a lien on it.

(28)   Probationer-means an officer employed on probation in or against a substantive vacancy in the cadre of a department.

Note 1.-The term 'Probationer' does not cover an officer who holds substantively a permanent post in a cadre and is appointed 'on probation' to another post.

Note 2-No person appointed substantively to a permanent post in a cadre is a probationer unless definite conditions of probation have been attached to his appointment such as the condition that he must remain on probation pending the passing of certain examinations.

Note 3-The status of a probationer is to be considered as having the attributes of a substantive status except where the rules prescribe otherwise.

Note 4-The instructions in Notes 1 and 2 above are to be taken as complementary and not as mutually exclusive. Taken together, they contain the essence of the tests for determining when an officer should be regarded as a "Probationer" or as merely "on Probation", irrespective of whether he is already a permanent officer or is merely an officer without a lien on any permanent post. While a probationer is one appointed in or against a post substantively vacant with definite conditions of probation, a person on probation is one appointed to a post (not necessarily vacant substantively) for determining his fitness for eventual substantive appointment to that post.

(29)   Public Conveyance-means a train, steamer, bus, boat or other conveyance which plies regularly for the conveyance of passengers.

(30)   Qualify.-'Qualify' and 'Count' means qualify and count for pension, from the General Revenues or for leave of absence, as the case may be.

(31)   Special Pay-means an addition of the nature of pay to the emoluments of a post or of an officer granted in consideration of the following :-

(a)      where a post would call for a higher scale of pay in view of the additional and/or higher responsibilities attached to it, or

(b)      where the nature of work is specially arduous; or

(c)      where an officer has to attend to work in addition to normal duties attached to his post.

Note.-When special pay is granted in lieu of a higher timescale of pay such special pay will count for purposes for fixation of pay on promotion to a higher post provided the Officer was drawing it continuously for a minimum period of three years on the date of promotion. Special pay in a tenure post or special pay drawn on deputation will not, however, be considered for such fixation of pay.

(32)   Subsistence Allowance-means a monthly grant made to an officer who is not in receipt of pay or leave salary.

(33)   Substantive Pay.-means the pay other than special pay, personal pay or emoluments classed as pay by Government under Rule 12(23)(ii) and (iii) above to which an officer is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.

Note.-When a special pay is granted in lieu of a higher time scale, such special pay will also count as substantive pay, provided the officer holds a lien on the post to which the special pay is attached.

(34)   Temporary Post.-means a post carrying a definite rate of pay sanctioned for a limited time.

(35)   Time-scale of Pay-means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to a maximum. It includes the class of pay hitherto known as progressive:-

(a)      Time-scales are said to be identical if the minimum, the maximum, the period of increment and the rate of increment of the time-scales are identical.

(b)      A post is said to be on the same time-scale as another post on a time-scale if the two time-scales are identical and the posts fall within a cadre or a class in a cadre, such cadre or class having been created in order to fill all posts, involving duties of approximately the same character or degree of responsibility, in a service or establishment or group of establishments, so that the pay of the holder of any particular post is determined by his position in the cadre or class and not by the fact that he holds that post.

Note.-Method of calculation of average pay of a post on a time-scale of pay-

(1)     In the case of gazetted appointments on time-scales of pay the following formula may be applied for ascertaining the average pay :-

Average pay = (A + B)/2 + (B-A)/2 [1-(R+1) {.014+1-.01R/F-E}]

Where A = Minimum pay,

B = Maximum pay,

R = Period of rise,

E = Average age at entry in the Grade, end

F = Average age at retirement on superannuation pension.

This may be taken to be 55 in almost every case unless there are special reasons to take it either at a lower or a higher figure.

(2)     In the case of non-gazetted post on time scales of pay, he following formula is to be applied :-

Average pay = (A + B)/2+(B-A)/2[1-(R+1) {.021+ (1-.015R/F-E)}]

Where A = Minimum pay,

B = Maximum pay,

R = Period of rise,

[G.O.(P) 393/75/Fin., dt. 30-8-1975]

E = Average age at entry in the Grade, and

F = Average age at retirement on superannuation pension. This may be taken to be 55 in almost every case unless there are special reasons to take it either at a lower or a higher figure.

(3)     In cases where one grade is the channel of promotion to another grade, that is to say where everybody in the lower grade is ultimately promoted to the higher grade, the following formula may be adopted to find the average cost of appointments in the lower grade :-

Average pay =A + C/2+(C-A)/2[1-(S+1) {0.006+(1-0.004S)/G-E}]

Where A = Minimum pay,

C = Pay just before promotion to the higher grade,

S = Period of rise from A to C,

E = Average age at entry in the lower grade, and

G = Average age at the time of promotion to the higher grade.

(4)     If the average pay worked out by any of the methods prescribed, falls below the minimum of the time-scale plus one forth of the difference between the minimum and maximum of the time scale, the average of the minimum and the maximum of the time-scale shall be taken as the average pay.

Government Decision

A scale of pay is reckoned as higher time-scale on the following principles :-

according to the higher maximum,

if the maximum is the same, according to the higher minimum,

and if the maximum and the minimum are the same according to the rate of increment.

(36)   Transfer.-means the movement of an officer from one headquarter station in which he is employed to another such station, either,

(a)      to take up the duties of a new post, or

(b)      in consequence of a change of his headquarters.

(37)   Travelling Allowance-means an allowance granted to an officer to cover the expenses which he incurs in travelling in the interest of the public service. It includes allowances granted for the maintenance of conveyances.

Government Decision

The expressions 'road mileage' and 'mileage allowance' wherever they occur, shall be assigned meaning as referring to 'distance in kilometres'.

CHAPTER III GENERAL CONDITIONS OF SERVICE

Rule - 13.

Except as provided by this rule, no person may be appointed to a post in Government service without his producing a medical certificate of health in the form annexed below. The Government may, in individual cases, dispense with the production of a certificate, and may by general orders exempt any specified class of officers from the operation of this rule.

FORM

I do hereby certify that I have examined A B, a candidate for employment in the........................... Department, and cannot discover that he has any disease, constitutional affection or bodily infirmity except............... I do not consider this a disqualification for employment in the office of.............................

A B's age is according to his own statement x years and by appearance y years.

A B has been re-vaccinated/vaccinated or has/had smallpox.

Note 1.-The certificate prescribed above must ordinarily be signed by a Civil Medical Officer of rank not lower than a Civil Surgeon or Honorary Medical Officer of Civil Surgeon's rank or the Director of Indigenous Medicine, but in the case of a person whom it is proposed to appoint to a post the maximum pay of which is not more than [2]Rs. 1050 and who cannot conveniently be brought before an officer of higher rank, a certificate from an Assistant Surgeon with M.B.B.S. degree may, at the discretion of the appointing authority, be accepted.

This amendment shall be deemed to have come into force with effect from 1st April 1985.

Note 2-An officer, in whom a defect has been noticed by the Medical Officer who granted him his first certificate of health, may not be transferred from the office to which he was originally appointed, to another office, the duties of which are different in character, except on production of another certificate from a competent authority to the effect that the defect will not materially interfere with the discharge of his new duties by reason of such transfer.

Note 3-The following classes of officers are exempted from producing a medical certificate of health :-

(1)     an officer recruited through a competitive examination who had to undergo medical examination in accordance with regulations prescribed for appointment to service under Government;

(2)     an officer in service other than the last grade appointed in a temporary vacancy of less than three months duration;

(3)     an officer in the last grade appointed in a temporary vacancy of less than six months duration;

(4)     a temporary officer who has already been medically examined in one office if transferred to another office without a break in service subject to the provision of Note 2 above;

(5)     a retired officer reemployed immediately after retirement.

Note.-4-

(a)      The production of a medical certificate is necessary when-

(i)       an officer is promoted from non-qualifying service paid from a Local Fund to a post in Government service other than last grade;

(ii)      a person is re-employed after resignation or forfeiture of past service;

(b)      when a person is reemployed in circumstances other than those referred to in clause (a) (ii) above the appointing authority will decide whether a medical certificate should be produced.

Note 5.-Once a person is asked to produce a medical certificate of fitness for entry into Government service whether in a temporary or permanent capacity and has actually been examined and declared unfit, it is not open to the appointing authorities subordinate to Government to use their discretion to ignore the certificate that has been produced.

Government Decision

The question of laying down appropriate rules to govern the Medical Examination of candidates recruited to Government service was considered by Government. After taking into account all the relevant aspects of the question, the following rules have been laid down in this behalf:

(1)     Normally a candidate should be medically examined before his first appointment. In certain cases, however, when a candidate is required to join immediately for work or for training, the appointment may be made without first obtaining the medical certificate, though the appointment should be subject to the officer being declared medically fit. In all such cases, if an officer is declared unfit on medical examination and he prefers an appeal he should be retained in service till the case is finally decided.

(2)     Similarly, in the case of a Government servant whose appointment is made on a temporary basis on the strength of a medical certificate issued by a lower authority or without such a certificate, it may be necessary to get a certificate of fitness from the appropriate medical authority. If the appropriate medical authority finds that the person is not fit for retention in service at all and if an appeal for a second medical examination from the Government servant concerned is accepted the person concerned should be allowed to continue in service till the verdict of appropriate medical authority is known. In case it is decided not to accede to the request for further medical examination, the services of the officer should be terminated forthwith.

(3)     The intimation regarding unfitness of a candidate should immediately on receipt be communicated to the person concerned with a note that appeal, if any, must be made by the candidate/Government servant concerned within one month of the communication of the findings of the Medical Officer and that, if any, Medical certificate is produced as piece of evidence about the possibility of an error of judgment in the decision of the Medical Officer who examined him, in the first instance, the certificate must contain a note by the Medical Officer concerned to the effect that it has been given in full knowledge of the fact that the candidate has already been rejected as unfit for service by a Medical Officer.

(4)     In case no appeal (with requisite evidence in support of his case) is preferred by the candidate/Government servant within one month of the date of communication to him of the findings of the Medical Officer, his services should be terminated forthwith on the expiry of the period of one month and ordinarily no appeal should be allowed after the expiry of that period.

(5)     In case where a Government servant or a candidate for Government service is declared unfit for retention in Government service or appointment in the Government service by a Medical Officer, the grounds for rejection may be communicated to him in broad terms without giving minute details regarding the defects pointed out by the Medical Officer. Cases where the grounds of rejection have not been clearly stated by the Medical Officer, in his report, may be referred to the Government for advice.

(6)     For the first Medical Examination of the candidate/Government servant as well as the subsequent examinations found necessary by the appointing authority on account of an appeal, the appointing authority shall give suitable requisition to the Medical Officer concerned.

(7)     No appeal shall lie against the adverse findings of a Medical Officer to whom the case is referred on appeal.

Note 1.-Certificate of physical fitness for entry into Government service should always be from Medical Practitioners of Modern Medicine or from Doctors of Indigenous Medicine.

Note 2.-The Medical Authority who is to issue a medical certificate a second time on appeal shall be of a higher status than the other who issued the first medical certificate.

Note 3.-When a final certificate has been issued either by the Director of Health Services, or by the Director of Indigenous Medicines, that certificate will be final and no appeal will be permitted [Vide G.O.(P) 1034/61/Pub. (Ser. D), dated 2nd December 1961 and G.O.(P) 570/62/Pub. (Ser. D), dated 25th October 1962]

Rule - 14.

Unless in any case it be otherwise distinctly provided, the whole time of an officer is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority, without claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from the General Revenues of India or of the States or the Revenues of a Local Fund or from the funds of a Body, incorporated or not, which is wholly or substantially owned or controlled by the Government.

Note 1.-Every officer must attend the office punctually. For every three day's late attendance without permission, an officer will forfeit a day's casual leave for which he is eligible. The computation of the forfeiture of a day's casual leave will be with respect to the calendar year and late attendance without permission for less than three days at the end of a calendar year will be ignored.

Note 2.-No other kind of leave except casual leave shall be forfeited for late attendance without permission. Disciplinary action under the Kerala Civil Services (C.C. and A.) Rules, 1960 may be taken against the officers concerned for late attendance without permission if there is no casual leave to be forfeited.

Rule - 14A.

[Deleted]

This amendment shall be deemed to have come into force with effect from 3rd February, 1988.

Rule - 15.

(a)      Two or more officers cannot be appointed substantively to the same permanent post at the same time.

(b)      An officer cannot be appointed substantively, except as a temporary measure, to two or more permanent posts at the same time.

(c)      An officer cannot be appointed substantively to a post on which another officer holds a lien.

Rule - 16.

Unless in any case it be otherwise provided in these rules, an officer on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post.

Rule - 17.

Unless his lien is suspended under Rule 18 or transferred under Rule 20 an officer holding substantively a permanent post retains a lien on that post-

(a)      while performing the duties of that post;

(b)      while on foreign service or holding a temporary post, or officiating in another post;

(c)      during joining time on transfer to another post, unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post;

(d)      while on leave;

(e)      while under suspension; and

(f)       while under training.

Rule - 18.

(a)      The Government shall suspend the lien of an officer on a permanent post which he holds substantively if he is appointed in a substantive capacity--

(1)     to a permanent post outside the cadre on which he is borne, or

(2)     provisionally to a post on which another officer would hold a lien had his lien not been suspended under this rule.

(b)      The Government may, at their option, suspend the lien of an officer on a permanent post which he holds substantively, if he is transferred to foreign service or in circumstances not covered by clause (a) of this rule, is transferred, whether in a substantive or officiating capacity to a post in another cadre, and in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three years.

Ruling

The lien of an officer on a permanent post should not be suspended when he is appointed to a higher post in a different cadre, in case the higher post falls within the regular line of promotion from the lower post.

(c)      if an officer's lien on a post is suspended under clause (a) or (b) of this rule, the post may be filled substantively, and the officer appointed to hold it substantively, shall acquire a lien on it; provided that the arrangements shall be reversed as soon as the suspended lien revives.

Note.-When a post is filled substantively under this clause, the appointment will be termed a provisional appointment, the officer appointed will hold a provisional lien on the post and that lien will be liable to suspension under clause (a) but not under (b) of this rule.

(d)      an officer's lien which has been suspended under clause (a) of this rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in sub-clause (1) or (2) of that clause.

(e)      an officer's lien which has been suspended under clause (b) of this rule shall revive as soon as he ceases to be on foreign service or to hold a post in another cadre, provided that a suspended lien shall not revive because the officer takes leave, if there is reason to believe that he will on return from leave, continue to be on foreign service or to hold a post in another cadre and the total period of absence on duty will not fall short of three years or that he will hold substantively a post of the nature specified in sub-clause (1) or (2) of clause (a).

Note.-When it is known that an officer on transfer to post outside his cadre is due to retire on superannuation pension within three years of his transfer, his lien on the permanent post cannot be suspended.

Rule - 19.

(a)      An officer's lien on a post may in no circumstances be terminated, even with his consent, if the result will be to leave him without a lien or a suspended lien upon a permanent post.

(b)      In a case covered by sub-clause (2) of clause (a) of Rule 18, the suspended lien may not, except on the written request of the officer concerned, be terminated while the officer remains in Government service; provided that it shall be open to the competent authority to refuse consent for the confirmation or retention of an officer in a permanent post outside the cadre on which he is borne unless he makes a written request that his lien on the permanent post in his parent office should be terminated.

Rule - 20.

Subject to the provisions of Rule 21 the Government may transfer to another permanent post in the same cadre the lien of an officer who is not performing the duties of the post to which the lien relates, even if that lien has been suspended.

Rule - 21.

(a)      The Government may transfer an officer from one post to another;

provided that, except

(1)     on account of inefficiency or misbehavior, or

(2)     on his written request, an officer shall not be transferred substantively to, or except in a case covered by Rule 58, appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien had his lien not been suspended under Rule 18.

(b)      Nothing contained in clause (a) of this rule or in clause (18) of Rule 12 shall operate to prevent the transfer of an officer to the post on which he would hold a lien, had it not been suspended in accordance with the provisions of clause (a) of Rule 18.

Note.-Permanent transfers from a higher to lower scale in anticipation of the abolition of a post are not transfers within the meaning of the above rule.

Rule - 22.

An officer may be required to subscribe to a provident fund, a family pension fund or similar fund in accordance with such rules as the Government may by order prescribe.

Note 1.-An officer who has entered service before the 19th August, 1976, may, however, opt to subscribe for a policy in the official Branch of the State Life Insurance instead of the Provident Fund.

Note 2.-Officers who are subscribers to the Family Benefit Scheme, going on deputation/foreign service shall continue to subscribe to the Family Benefit Scheme and they themselves shall arrange for effecting recovery and remittance of the amount from their pay.

Rule - 22A.

Every person who enters Government service on or after the 19th August 1976, shall within a period of one year from the date of his entry in Government service, subscribe to a policy in the official branch of the State Life Insurance at such rate as may be determined by the Government from time to time and shall continue to subscribe till he ceases to be in Government Service.

Note.-When an employee crosses one pay range to the next higher range, he shall take additional policy within 2 years of his coming to the next higher pay range. But this condition shall not apply to an employee who has attained the age of 45 years at the time of crossing over to the next higher range.

Rule - 22B.

Every person who enters Government service on or after the 1st day of September, 1984 shall enrol as a member of the Group Insurance Scheme.

This amendment shall be deemed to have come into force with effect from 1st September 1984.

Rule - 23.

(a)      Subject to any exceptions specifically made in these rules, an officer shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date he assumes the duties of that post, and shall cease to draw them as soon as he ceases to discharge those duties. If the charge is transferred afternoon, the transfer does not affect pay and allowances until the next day.

Exception.-An officer deputed for a course of instruction or training which is ordered to be treated as duty, if promoted to a higher post in the regular line during such course of instruction or training, may draw the pay thereof, without joining it, the benefit of promotion being given from the date his junior assumes charge of the higher post.

(b)      If, however, the substantive appointment of an officer is changed while he is officiating in an appointment, or if, while so officiating, an officer is appointed for the first time, to some substantive office, then, provided that the tenure of his officiating appointment is not interrupted by his new substantive appointment, he may draw the pay thereof without joining it from the date on which he is appointed thereto, or from any later date on which the substantive office becomes vacant.

(c)      Promotions which do not involve a change of duties shall have effect from the date of the vacancy which occasions the promotion.

Note.-The detailed procedure to be followed when an officer assumes or relinquishes charge of an office is contained in Appendix III.

Government Decision No. 1

Questions have been raised regarding the authority competent to accept a resignation, the circumstances under which resignation should be accepted, the date when a resignation becomes effective, and the authority competent to permit a Government servant to withdraw a resignation which he has already tendered. The following instructions will be followed :

(a)      Authority competent to accept resignation.--

The appointing authority in respect of the service or post in question is the authority competent to accept the resignation of the Government servant.

(b)      Circumstances under which resignation should be accepted-It is not in the interest of Government to retain an unwilling officer in service. The general rule, therefore, is that resignation from service should be accepted after settling the liabilities outstanding against the Government servant, except in the circumstances indicated below:-

(i)       Where the officer concerned is engaged on work of importance and it would take time to make alternative arrangements for filling the post, the resignation should not be accepted straight away, but only, when alternative arrangements for filling the post have been made.

(ii)      Where a Government servant who is under suspension submits a resignation, the competent authority should examine with reference to the merits of the disciplinary case pending against the Government servant whether it would be in the public interest to accept the under suspension. Exceptions to this rule would be where the alleged offences do not involve moral turpitude or where the quantum of evidence against the accused officer is not strong enough to justify the assumption that if the departmental proceedings were continued, the officer would be removed or dismissed from service or where the departmental proceedings are likely to be so protracted that it would be cheaper to the Public Exchequer to accept the resignation.

(c)      Date when a resignation becomes effective.-- The competent authority should decide the date with effect from which the resignation should become effective. In cases covered by (b) (i) above the date should be that with effect from which alternative arrangements can be made for filling the post. Where an officer is on leave, the competent authority should decide whether he will accept the resignation with immediate effect or with effect from the date following the termination of the leave. There is also no objection to a Government servant on leave being permitted to resign his post without rejoining duty after leave, provided the appointing authority so decides with due regard to the administrative convenience of the department. Where a period of notice is prescribed which a Government servant should give when he wishes to resign from service the competent authority may decide to count the period of leave towards the notice period. In other cases also it is open to the competent authority to decide whether the resignation should become effective immediately or with effect from some prospective date. In the latter case, the date should be specified.

(d)      Authority competent to permit withdrawal of resignation.-A resignation becomes effective when it is accepted and the officer is relieved of his duties. Where a resignation has not become effective and the officer wishes to withdraw it, it is open to the authority which accepted the resignation either to permit the officer to withdraw the resignation or to refuse the request for such withdrawal. Where, however, a resignation has become effective, the officer is no longer in Government service and acceptance of the request for withdrawal of resignation would amount to reemploying him in service after condoning the period of break.

Concurrence of 'Finance', and the Public Service Commission, wherever necessary, should be obtained before a request for withdrawal of resignation which has already become effective, is accepted.

Government Decision No. 2

Condonation of the period of break and revival of past service in such cases will be for the purpose of pension only, if it is otherwise admissible. The Government servant's earlier service will not count for fixation of pay, increment or leave. His pay will be fixed at the minimum of the scale of pay of the post to which he is re-employed after resignation and the period of break will be treated as a period spent out of employment.

Rule - 24.

Unless the Government in view of the special circumstances of the case, otherwise determine, after five years' continuous absence from duty, an officer shall be removed from service after following the procedure laid down in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, [3]except in cases covered by Rule 24A.

This amendment shall be deemed to have come into force with effect from 16th December, 1983.

Rule - 24A.

[4]Notwithstanding anything contained in these rules, if an officer who availed himself of leave without allowances to take up employment abroad or within the country **[or for joining spouse] for a total period of [5]fifteen years, whether continuously or in broken periods, does not return to duty immediately on the expiry of the leave, his service shall be terminated after following the procedure laid down in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

Note.-This rule shall have effect from the 16th day of December, 1983 and shall apply to all cases of grant of leave without allowances on or after that date, for taking up employment abroad or within the country, in extension of the leave already granted or otherwise, and such leave granted before that date shall be reckoned for applying the [6]fifteen years limit.

CHAPTER IV PAY

Rule - 25.

Except in the case of personal pay granted in the circumstances defined in Rule 12(26)(a), the pay of an officer shall not be so increased as to exceed the pay sanctioned for his post without the sanction of Government.

When an officer is treated as on duty under Rule 12(7)(iii), the Government may, at their option, authorise payment to him of the pay of his substantive appointment or of any lower rate of pay which they may consider suitable, provided that the pay admissible may, if the Government so direct, be instead of either of the rates just specified, the pay of any officiating appointment which the officer would have drawn but for undergoing such training, subject however to the condition that this rate of pay shall not be allowed for a period longer than that for which the officer would have held the officiating appointment had he not been placed on such course of training.

Note 1.-A reservist of the Defence Services in the employment of the State Government, when called up for periodical training, receives the pay and allowances to which he is entitled under the Defence Services. He will also receive the excess, if any, of his pay under the Government over the pay under Defence Department. The periods spent in training and on the journey to and from the place of training will be treated as duty for purposes of leave, increments and pension.

Note 2-The expressions "the pay of his substantive appointment" and "the pay of any officiating appointment" occurring in the above rule should be taken to mean "the pay which the officer would have drawn in the post which he holds substantively" and "the pay which the officer would have drawn in the officiating appointment but for undergoing the training". In neither case, is there any restriction to draw the following kinds of emoluments which the officer would have drawn in the substantive or officiating appointment but for the training :

(i)       Basic pay

(ii)      Special pay granted in lieu of a higher time-scale of pay

(iii)     Personal pay

(iv)    Any other emoluments specially classed as pay and which are specifically allowed to be drawn during training

(v)      Dearness pay

(vi)    Dearness allowance

(vii)   House rent allowance

Ruling

An officer holding a provisional appointment deputed for training where the period of training is treated as duty will be allowed to draw for the period of training the pay and allowances attached to the provisional appointment, if it is certified by the competent authority that the officer would have held the provisional appointment but for his deputation for training.

Rule - 27.

Rules 28 to 37 apply to time-scale of pay generally. They do not, however apply to any time-scale sanctioned by the Government in so far as they are inconsistent with terms specially so sanctioned for such time-scale.

Rule - 28.

The initial substantive pay of an officer who is appointed substantively to a post on a time-scale of pay is regulated as follows :

If he holds a lien on a permanent post or would hold a lien on such a post had his lien not been suspended, he will draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post:

Provided that except in cases of re-employment after resignation or removal or dismissal from public service, if he either has previously held substantively or officiated in (i) the same post, or (ii) a permanent or temporary post on the same time-scale, or (iii) a permanent post on an identical time-scale or a temporary post (including a post in a body, incorporated or not, which is wholly or substantially owned or controlled by the Government) on an identical time-scale then the initial pay shall not, except in cases of reversion to the parent cadre governed by item (iii) above be less than the pay which he drew on the last such occasion and he shall count the period during which he drew that pay on such last and any previous occasions for increment in the stage of the time-scale equivalent to that pay. The service rendered in a post referred to in item (iii) shall, on reversion to the parent cadre, count towards initial fixation of pay, to the extent and subject to the conditions indicated below:-

(a)      The officer should have been approved for appointment to the particular grade/post in which the previous service is to be counted;

(b)      All his seniors, except those regarded as unfit for such appointment, were serving in posts carrying the scale of pay in which the benefit is to be allowed or in higher posts, whether in the department itself or elsewhere, and at least one junior was holding a post in the department carrying the scale of pay in which the benefit is to be allowed; and

(c)      the service will count from the date his junior is promoted and the benefit will be limited to the period the officer would have held the post in his parent cadre had he not been appointed to the ex-cadre post.

Note 1.-The provisions in the above rule apply in cases of substantive appointments to higher time-scales of pay only. In other cases the officer's pay in the new appointment shall be fixed at his pay in the previous appointment, if it is a stage in the new scale or at next lower stage, if it is not a stage in the new scale, the difference being treated as personal pay, such personal pay, being absorbed in future increases of pay. This will not, however, apply to cases of reversions.

Note 2.-The provisions in item (ii) of the proviso to the above rule in respect of protection of pay and period of increment shall be applicable to Government servants on their appointment directly or on transfer from a post carrying identical time-scale of pay without fulfilment of the conditions indicated thereunder subject to the condition that this benefit will not be admissible to an individual who enters Government service for the first time from a post in a body incorporated or not which is wholly or substantially owned or controlled by Government.

Rule - 28A.

Notwithstanding anything contained in these rules, where an officer holding a post in a substantive, temporary or officiating capacity is promoted or appointed in a substantive, temporary or officiating capacity to another post carrying a higher time-scale of pay, his initial pay in the higher time-scale of pay, shall be fixed at the stage next above the pay notionally arrived at in the lower time-scale of pay by increasing the actual pay drawn by him in the lower time-scale by one increment. A refixation of pay will be allowed whenever there is a change of pay in the lower time-scale.

This rule shall be deemed to have come into force with effect from 3rd February 1962.

Provided that the provisions of this rule shall not apply to promotions from posts carrying a scale of pay the minimum pay of which exceeds [7]Rs. 2,640

The limit of Rs. 550 has been revised to Rs. 650 with effect from 1st January 1966 [G.O. (P) 261/67/Fin., dated 4th July 1967, G.O.(P) 91/68/Fin., dated 5th March 1968] and Rs. 650 to Rs. 900 with effect from 1st July 1968 [G.O. (P) 173/70/Fin., dated 20th March 1970] and from Rs. 900 to Rs. 1200 with effect from 1st July 1973 [G.O. (P) 136/75/Fin., dated 1st April 1975 and from Rs. 1,200 to Rs. 1,550 with effect from 1st July 1978[G.O.(P) 493/79/Fin., dated 28th May 1979] and from Rs. 1550 to Rs. 2100 with effect from 1st July, 1983 [G.O.(P) 1109/87/Fin. dated 23rd December 1987] and from Rs. 2100 to Rs. 2640 with effect from 1st July 1988 [G.O.(P) 1005/92/Fin. dated 27th November, 1992]

Provided also that where a Government servant is immediately before his promotion or appointment to a higher post, drawing pay at the maximum of the time-scale of the lower post, his initial pay in the time-scale of the higher post shall be fixed at the stage next above the pay notionally arrived at by increasing his pay in respect of the lower post by an amount equal to the last increment in the time-scale of the lower post.

Effective from the date of orders

Provided that if he has either previously held substantively or officiated in (i) the same post or (ii) a permanent or temporary post on the same time-scale or (iii) a permanent post on an identical time-scale or a temporary post on an identical time-scale, such post being on the same time-scale as a permanent post, then the initial pay shall not be less than the pay which he drew, on the last such occasion and he shall count for increment the period during which he drew that pay on such last or any previous occasions.

This amendment shall be deemed to have come into force with effect from 21st July 1964.

Ruling No. 1

In cases where the application of the rule would give rise to anomalies in as much as an officer officiating in a higher post could get his pay refixed at a stage higher than the pay drawn by another who stands confirmed in the higher post on the same scale of pay, the anomaly will be removed by refixing the pay of the senior officer at the stage equal to that fixed for the junior officer in the higher post, the orders of refixation being issued by the competent authority under Rule 34, Part I, Kerala Service Rules. The refixation of pay in such cases will be made subject to the following conditions:

(a)      Both the junior and senior officers should belong to the same cadre and the post in which they have been promoted or confirmed, as the case may be, should be identical and in the same cadre.

(b)      The scale of pay of the lower post in which they would have drawn their pay but for their promotion or confirmation should be identical.

(c)      The anomaly should be directly as a result of the application of Rule 28A. For example, if the junior officer draws from time to time a higher rate of pay than the senior by virtue of fixation of pay under the normal rules or any advance increment granted to him, the provision contained in this ruling should not be involved to step up the pay of the senior officer.

(d)      The refixation of pay of the senior officer should be done with effect from the date of refixation of pay of the junior officer. The next increment of the senior officer will however be drawn on the date on which it would have fallen due but for this refixation of pay.

Ruling No. 2

In the case of a Government servant, officiating in a post and whose pay had been refixed under this rule, if he is confirmed in that post with effect from a retrospective date, the refixation of pay done after the date of confirmation will have to be revised. The over payments consequent on such revision will first be set off against the arrears, if any, that might become payable to the Government servant for a portion of the period from the date of confirmation to the date of issue of orders of confirmation. The balance of overpayments that cannot be set off against the arrears, if any, shall be waived.

This Ruling will be deemed to have come into force with effect from 3rd February 1962.

Ruling No. 3

The refixation of pay in the higher officiating post on the date of change of pay in the lower time-scale contemplated in this rule cannot be allowed during the period of bar on increment with or without cumulative effect. But, in the cases of bar on increment without cumulative effect there is no objection to give the refixation on a notional basis and to give the monetary benefit after the expiry of the period of bar. Increments accruing in the lower substantive/officiating post from time to time cannot also be allowed during the period of bar.

Ruling No. 4

Increments barred with or without cumulative effect in the lower substantive officiating post shall not be reckoned for fixation/refixation of pay in the higher time-scale. But in the case of bar on increment without cumulative effect, there is no objection to grant the barred increments notionally for fixation/refixation of pay and to give the monetary benefit after the expiry of the period of bar.

Ruling No. 5

A revision of pay as contemplated in Ruling No. 2 shall not be necessary in the case of retrospective confirmation ordered after the date of retirement of an officer.

This ruling will be deemed to have taken effect from 3rd February 1962.

Government Decision No. 1

(1)     The provisions of this rule will not apply to cases of revision of scales of pay referred to in Rule 30 ibid.

(2)     An officer officiating in a post, when appointed to a higher post on the advice of the Public Service Commission or otherwise is eligible for his initial pay being fixed under this rule and is also entitled to the benefit of a refixation contemplated in the last sentence of the rule.

Effective from 31st October, 1986.

(3)     When a person who holds a post in a regular capacity is appointed to a post on a higher time-scale in the same service under Rule 31 or in a different service under Rule 9 of Kerala State and Subordinate Services Rules, fixation of pay under this rule is permissible with reference to the pay drawn in the regular appointment.

(4)     When a fresher is appointed provisionally to a post otherwise than on the advice of the Public Service Commission, under Rule 9 of Kerala State and Subordinate Service Rules and again appointed to a still higher post under the same rule, a fixation of pay in the higher post with reference to the pay drawn in the lower post is not admissible.

(5)     A person holding a post in a regular capacity is appointed provisionally to a post in the same service under Rule 31 of the Kerala State and Subordinate Service Rules. He is again appointed to a still higher post in the same service under Rule 31 or to a post in another service under Rule 9 of Kerala State and Subordinate Services Rules. Fixation of pay with reference to the provisional pay drawn in the post to which he was appointed provisionally at first is not admissible in the other posts.

[The decisions 1, 3, 4 and 5 above will be deemed to have taken effect from 3rd February 1962, the date on which the rule came into force]

(6)     The pay drawn by an officer in an ex-cadre post can be counted for purpose of initial fixation of pay on promotion in the parent department. But the benefit of refixation of pay contemplated in the rule is not admissible to him as he loses connection with the ex-cadre post on appointment to the parent department.

(7)     The benefit of pay drawn in an ex-cadre post for purpose of initial fixation will not be admissible, if an officer is reverted to the parent department, to a post carrying a scale of pay lower than that of the ex-cadre post.

Government Decision No. 2

The benefit of refixation of pay contemplated in the last sentence in the first para of the rule is admissible even in cases where the change of pay is due to fixation of pay on account of revision of scale of pay. If both the lower and the higher time-scales are revised, the benefit will be restricted to the cases of options exercised in respect of both the posts simultaneously.

Government Decision No. 3

Notional increment at the biennial increment shall be reckoned in the lower scale for fixation of pay in the higher scale under Rule 28A.

This decision shall be deemed to have come into force with effect from 1st July 1973.

Government Decision No. 4

The benefit of reckoning notional increment beyond the maximum of the scale of pay of the lower post will also be admissible in cases where an employee reaches the maximum of the post in the lower time-scale of pay before he gets an increment in the scale of pay of the higher post and in such cases, he will be eligible for a refixation consequent on the change of pay in the lower time-scale.

This decision shall be deemed to have come into force with effect from 1st August 1975.

Government Decision No. 5

[Deleted]

The amendment shall be deemed to have come into force with effect from 25th June, 1986.

Rule - 29.

The initial substantive pay of an officer who is appointed substantively to a post on a time-scale of pay which has been reduced for reasons other than a diminution in the duties or responsibilities attached to posts thereon and who is not entitled to draw pay on the time-scale as it stood prior to reduction, is regulated by Rule 28.

Rule - 30.

The holder of a post, the pay of which is changed, shall be treated as if he were transferred to a new post on the new pay; provided that he may at his option retain his old pay until the date on which he has earned his next or any subsequent increment in the old scale, or until he vacates his post or ceases to draw pay in that time-scale. The option once exercised is final.

Note 1-This rule applies to an officiating holder of a post as well. But any break in the officiating period such as that due to transfer to another post, or non-employment would operate as vacating of the post and the pay during a subsequent officiating period in the same post will be fixed only as if the officer was then appointed to the new scale of pay. The holder of a post' occurring in this rule applies also to a person who is not actually holding the post, the pay of which is changed, provided he has a lien or a suspended lien on that post.

The words 'his old pay' in the proviso of the rule should be held to include not only the rate at which the individual was drawing his officiating pay on the crucial date but also the time-scale of pay in which he was drawing that pay. Thus for the period of option the old scale of pay in which he was drawing his officiating pay should be treated as continuing for the individual concerned.

Note 2.-Option under the proviso of the rule to officers under suspension is governed by the following :-

(1)     Cases in which the revised scale of pay takes effect from a date prior to the date of suspension.

In such cases the officer should be allowed to exercise the option under Rule 30 even if the period, during which he is to exercise the option, falls within the period of suspension. He will be entitled to the benefit of increase in pay if any, in respect of the duty period before suspension, and also in the subsistence allowance, for the period of suspension, as a result of such option.

(2)     Cases in which the revised scale of pay takes effect from a date falling within the period of suspension-

(a)      Under suspension an officer retains a lien on his substantive post. As the expression 'holder of a post' occurring in Rule 30 includes also a person who holds a lien or a suspended lien on the post even though he may not be actually holding the post, such an officer should be allowed option under Rule 30 even while under suspension. The benefit of option will however, practically accrue to him in respect of the period of suspension, only after his reinstatement, depending on the fact whether the period of suspension is treated as duty or not.

(b)      An officer, who does not retain a lien on a post the pay of which is changed, is not entitled to exercise the option under Rule 30. If, however, he is reinstated in the post and the period of suspension is treated as duty, he may be allowed to exercise the option after such reinstatement. In such cases, if there is a time-limit prescribed for exercising the option and such period had already expired during the period of suspension, a relaxation may be made in each individual case for extending the period during which the option may be exercised.

Government Decision

(1)     The following principles will be followed for fixation of pay when the scale of pay of a post held on a provisional basis is revised :-

(i)       If the pay drawn in the previous scale is less than tie minimum of the revised scale then the pay in the revised scale may be fixed at the minimum.

(ii)      If the pay drawn in the previous scale is a stage in the revised scale the pay in the revised scale may be fixed at that stage.

(iii)     If the pay drawn in the previous scale is not a stage, then the pay in the revised scale may be fixed at the next lower stage, the difference being treated as personal pay to be absorbed in future increase in pay.

(2)     The above principles will also be adopted for regulating the pay of an officer holding a post on a provisional basis when appointed to a higher or a lower post provisionally, except in cases of reversion.

(3)     Past cases settled otherwise, will not be re-opened.

Ruling No. 1

If an officer earns increment earlier than or after the original date on which he was supposed to get it at the time of exercise of option under the above rule due to revision of the date of increment, his pay should automatically be re-fixed with effect from the revised date of increment with reference to the original option exercised by him under this rule and there will be no need for exercising a fresh option and issue of special orders for this.

Ruling No. 2

The pay of an officer when the post held by him is upgraded will be regulated as follows :

(i)       If the competent authority specifically orders that the appointment of an officer to the upgraded post involves an enhancement of duties and higher responsibilities and is therefore a promotion, pay will be fixed under Rule 28, 28A or 37(a) of Part I, Kerala Service Rules, as the case may be.

(ii)      In other cases, pay will be fixed under Rule 37(a), Part I Kerala Service Rules.

Rule - 31.

An increment shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be withheld from an officer by the Government or by any authority to whom the Government may delegate this power under Rule 9 if his conduct has not been good or his work has not been satisfactory. In ordering the withholding of the increment, the withholding authority shall state the period for which it is withheld and whether the postponement shall have the effect of postponing future increments.

Note 1.-An officer shall not be eligible for an increment unless he has acquired the obligatory departmental test qualifications, if any, prescribed by Government from time to time to earn the increment.

Note 2.-A competent authority may order the deferring of the increment of an officer, pending investigation into his conduct or performance of work, in disciplinary cases. Such deferring of increment will not be construed as 'withholding of increments' under the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

Government Decision No. 1

An increment shall be granted from the first day of the month in which it falls due.

This decision shall be deemed to have come into force with effect from 1st April 1974.

Government Decision No. 2

Increment accruing consequent on declaration of probation shall be drawn only with effect from the date of completion of probation but subsequent increment shall be drawn on the first day of the month in which they fall due.

This decision shall be deemed to have come into force with effect from 1st April 1974.

Ruling

In cases where penalties of withholding of increments are imposed on an officer, one after another, in separate disciplinary cases, the effect of the first order withholding increment will continue for the period specified in that order. There after, the pay will be fixed by granting the increments which would have been admissible, but for the imposition of penalty and only then will the second order withholding increment be implemented, which will continue to be in force for the period specified therein, and so on.

Rule - 32.

Where an efficiency bar is prescribed in a time-scale, the increment next above the bar shall not be given to an officer without the specific sanction of the authority empowered to withhold increments.

Note 1.-On each occasion on which an officer is allowed to pass an efficiency bar which had previously been enforced against him, he should come over to the time-scale at such stage as the authority competent to declare the bar removed, may fix for him, subject to the pay admissible according to his length of service.

Note 2.-The cases of all officers held up at an efficiency bar should be reviewed annually with a view to determine whether the quality of their work has improved and generally, whether the defects for which they were stopped at the bar have been remedied, to an extent sufficient to warrant the removal of the bar.

Rule - 33.

The following provisions prescribe the conditions on which service counts for increments in a time-scale :-

(a)      All duty in a post on a time-scale counts for increments in that time-scale.

Ruling

Periods of service in a post on a time-scale at the same stage of pay only will count for increment in that time-scale.

The above ruling will be deemed to have come into force with effect from 1st November 1959.

(b)      (1) Service in another post other than a post carrying less pay referred to in clause (a) of Rule 21, whether in a substantive or officiating capacity, service on deputation and leave except leave without allowances taken otherwise than on medical certificate shall count for increments in the time-scale applicable to the post on which the officer holds a lien as well as in the time-scale applicable to the post or posts, if any, on which he would hold a lien had his lien not been suspended.

(2) All leave except leave without allowances taken otherwise than on medical certificate and service on deputation count for increments in the time-scale applicable to a post in which an officer was officiating at the time he proceeded on leave or deputation and would have continued to officiate but for his proceeding on leave or deputation:

Provided that the leave without allowances under Rule 91 A shall count for increments subject to the following conditions :-

(1)     The period qualifying for increments shall be restricted to the normal period required for completion of the course, and

(2)     Increments shall be granted only on production of the diploma or degree or completion of the course.

Provided further that the Government shall have power in any case in which they are satisfied that the leave without allowances was taken for any cause beyond the officer's control, to direct that leave without allowances shall be counted for increments under sub-clause (1) or (2).

[8]Provided also that leave without allowances taken by teachers for completion of training courses such as B.Ed., Hindi Teachers' Training, Language Teachers' Training and Teachers' Training Certificate Course shall count for increment.

[9]This proviso shall be deemed to have come into force with effect from 17th June 1980.

[10]Provided also that leave without allowances taken without production of medical certificate in continuation of maternity leave in accordance with the proviso to Rule 102 will count for increment'.

[11]This proviso shall be deemed to have come into force with effect from 5th June, 1978.

Note.-In cases coming under sub-clause (2) the appointing authority should certify that the officer would have actually continued to officiate in the post but for his proceeding on leave and the period of leave will count for increments only to the extent it is covered by the certificate. Where no officiating arrangement is made in a leave vacancy and where the incumbent is likely to return to the same post after the expiry of the leave the authority sanctioning the leave may issue such a certificate at the time of grant of leave. In all cases where the certificates are issued the fact should be recorded in the Service Book as and when such certificates are issued along with the leave particulars.

(c)      If an officer, while officiating in a post or holding a temporary post on a time-scale of pay, is appointed to officiate in a higher post or to hold a higher temporary post, his officiating or temporary service in the higher post shall, if he is re-appointed to the lower post or is appointed or re-appointed to a post on the same time-scale of pay, count for increments in the time-scale applicable to such lower post.

If an officer on reversion from an ex-cadre post to the parent cadre is appointed to a post on a scale lower than that of the ex-cadre post but not on the same time-scale as the post held at the time of his transfer to the ex-cadre post, the service rendered on the higher scale in the ex-cadre post shall count for increments in the time-scale applicable to the cadre post subject to the same conditions as are laid down for cases falling under item (ii) of proviso to Rule 28.

Exception-In cases where the appointment is to officiate in a higher post or to hold a higher temporary post, in the regular line, the officiating and temporary service in the higher post shall count for increments in time-scale applicable to the lower post, even if the officer is not reappointed to the lower post or is not appointed or reappointed to a post on the same time-scale of pay.

The period of officiating/temporary service in the higher post which counts for increment in the lower is, however, restricted to the period during which the officer would have officiated in the lower post but for his appointment to the higher post. This clause applies also to an officer who is not actually officiating in the lower post, but who would have so officiated in such lower post or in a post on the same time-scale of pay had he not been appointed to the higher post.

Note.-For the purpose of this rule, the officiating and temporary service in the higher posts will include the period of leave which counts for increments under clause (b).

(d)      If an officer's substantive tenure of a temporary post is interrupted by duty in another post other than a post carrying less pay referred to in clause (a) of Rule 21 or by leave other than leave without allowances or by foreign service, such duty or leave or foreign service counts for increments in the time-scale applicable to the temporary post if the officer returns to the temporary post:

Provided that the Government may in any case in which they are satisfied that the leave was taken on account of illness or for any other cause beyond the officer's control, direct that leave without allowances shall be counted for increments under this clause.

(e)      Foreign service counts for increments in the time-scale applicable to--

(i)       the post in Government service on which the officer concerned holds a lien as well as the post or posts, if any, on which he would hold a lien had his lien not been suspended, and

(ii)      any post in which he would have officiated or to which he may receive officiating promotion under Rule 143 below for the duration of such promotion.

(iii)     any post in the parent cadre on a lower scale of pay to which the officer is appointed on reversion from the ex-cadre post subject to the fulfilment of the conditions mentioned in item (iii) of proviso to Rule 28.

Note 1.-Joining time counts for increments :-

(i)       If it is under clause (a) of Rule 125, in the time-scale applicable to the post on which the officer holds a lien or would hold a lien had his lien not been suspended as well as in the time-scale applicable to the post, the pay of which is received by the officer during the period, and

(ii)      If it is under clause (b) of Rule 125, in the time-scale applicable to the post/posts on which the last day of leave before commencement of the joining time counts for increments.

Explanation.-For the purposes of this rule, the period treated as duty under sub-clause (ii) of clause (7) of Rule 12 shall be deemed to be duty in a post if the officer draws pay of that post during such period.

Note 2.-In the case of an officer who, while officiating in a post proceeds on training or to attend a course of instruction and who is treated as on duty, while under training, the period of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction if he is allowed the pay of the officiating post during such period.

Government Decision No. 1

A Government servant thrown out of service for want of vacancy and again reappointed after a break in the same post or in another post carrying the same time-scale of pay can count his prior service for purposes of increment under Rule 33(a) read with Rule 12(35)(b).

Government Decision No. 2

[Deleted]

This deletion shall be deemed to have come into force with effect from 1st October, 1994.

Rule - 34.

The Government may grant a premature increment to an officer on a time-scale of pay.

Note.-In the case of increments granted in advance, it is usually the intention that the officer should be entitled to increments in the same manner as if he had reached his position in the scale in the ordinary course and in the absence of special orders to the contrary he should be placed on exactly the same footing, as regards future increments as an officer who has so risen.

Government Decision No. 1

(1)     In Rule 34 of Kerala Service Rules, Part I, it is laid down that Government may grant a premature increment to an officer on a time-scale of pay without prejudice to his normal increment. At present there is no ruling or Government decision as to the circumstances under which the rule regarding the grant of advance increments could be invoked in individual cases.

(2)     Good service entries and incentive awards are possible variants to advance increments for the recognition of meritorious service rendered by Government servants. In G.O. (Ms.) 849/59/PD, dated 24th September 1959, it has been provided that incentive awards could be made for outstanding performance of officers in the discharge of their duties and responsibilities. Under this system, cases of extraordinary originality, imagination or brilliance, or rare devotion to duty deserving recognition in a special way and suggestions for reduction of expenditure without affecting efficiency can all be considered for incentive awards. Government, therefore, consider that the system of awarding good service entries and incentive awards are eminently suited or recognising specific or individual cases of meritorious service/work on the part of Government servants; the grant of advance increment being restricted to cases of sustained merit and continuous record of good work. In other words, good service entries, incentive awards and advance increments will be in an ascending order in the matter of recognition of meritorious services of Government servants.

(3)     Government also wish to emphasise that there should be more or less uniform standards in recognising merit for the award of advance increments. The confidential report of the officer to whom advance increment is proposed to be given should, therefore, be looked into. All proposals for the grant of advance increments in recognition of the meritorious work of Government servants shall be scrutinised by the concerned Administrative Department, the Public Department and Finance Department before placing the cases for sanction before the Council of Ministers.

This amendment shall be deemed to have come into force with effect from 22nd February 1974.

(4)     The above procedure will not apply to the grant of advance increments on notional basis for purposes of fixation of pay due to considerations other than of meritorious services of Government servants.

Government Decision No. 2

Incentive awards in the nature of cash awards for meritorious services shall not be given to Gazetted Officers.

The above amendment shall be deemed to have come into force with effect from 22nd February 1974.

Government Decision No. 3

Advance increments for meritorious service may be granted to both Gazetted and non-Gazetted Officers.

Government Decision No. 4

Good service entries, incentive awards and advance increments shall not be granted to officers deputed for training courses.

Rule - 35.

The authority which orders the transfer of an officer as a penalty from a higher to a lower grade or post may allow him, to draw any pay, not exceeding the maximum of the lower grade or post which it may think proper:

Provided that the pay allowed under this rule shall not exceed the pay which he would have drawn under Rule 28 read with clause (b) or clause (c) as the case may be, of Rule 33.

Rule - 36.

If an officer is, on account of misconduct or inefficiency, reduced to a lower grade or post or to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective and whether on restoration, it shall operate to postpone future increments, and, if so, to what extent.

Ruling

(1)     Every order passed by a competent authority imposing on a Government servant the penalty of reduction to a lower stage in a time-scale should indicate :-

(i)       The date from which it will take effect and the period (in terms of years and months) for which the penalty shall be operative.

(ii)      The stage in the time-scale (in terms of rupees) to which the Government servant is reduced in the following form :

"The ........................................... has decided that Sri .....................should be reduced to a pay of Rs. .................................... for a period of....................... with effect from...................."and

(iii)     The extent (in terms of years and months), if any, to which the period referred to at (i) above should operate to postpone future increments.

It should be noted that reduction to a lower stage in a time-scale is not permissible under the rules either for an unspecified period or as a permanent measure. Also when a Government servant is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction. The period to be specified under (iii) should in no case exceed the period specified under (i).

(2)     The question as to what should be the pay of a Government servant on the expiry of the period of reduction should be decided as follows :-

(i)       If the order of reduction lays down that the period of reduction shall not operate to postpone future increments, the Government servant should be allowed the pay which he would have drawn in the normal course but for the reduction. If, however, the pay drawn by him immediately before reduction was below the efficiency bar he should not be allowed to cross the bar except in accordance with the provision of Rule 32, Part I, Kerala Service Rules.

(ii)      If the orders specifies that the period of reduction was to operate to postpone future increments for any specified period, the pay of the Government servant shall be fixed in accordance with (i) above, but after treating the period for which the increments were to be postponed as not counting for increments.

Rule - 37.

(a)      Subject to the provisions of Rule 33(c) and Rule 39, an officer holding a permanent or officiating post, if appointed to officiate on a higher time-scale of pay, will draw as initial pay the stage next above his pay in the lower time-scale irrespective of whether the pay in the lower time-scale is a stage in the higher time-scale or not. A refixation will be allowed whenever there is change of pay in the lower time-scale, i.e., when his pay therein becomes equal to or greater than the pay which he draws in the higher time-scale.

(b)      In the case of officiating appointments other than those contemplated in the above rule, the officer's officiating pay in the new appointment shall be fixed at his officiating pay in the previous appointment if it is a stage in the new scale, or at the next lower stage, if it is not a stage in the new scale, the difference being treated as personal pay to be absorbed in future increases.

This will not apply to cases of reversions:

Provided that in cases covered by sub-rules (a) and (b) other than cases of re-employment after resignation, removal or dismissal from public service, if he has previously either held substantively or officiated in (i) the same post, or (ii) permanent or temporary post on the same time-scale, or (iii) a permanent post on an identical time-scale or a temporary post (including a post in a body, incorporated or not, which is wholly or substantially owned or controlled by the Government) on an identical time-scale, then the initial pay shall not, except in cases of reversion to the parent cadre governed by item (iii) above, be less than the pay which he drew on the last such occasion and he shall count the period during which he drew that pay on such last and any previous occasions for increment in the stage of the time-scale equivalent to that pay. The service rendered in a post referred to in item (iii) shall, on reversion to the parent cadre, count towards initial fixation of pay to the extent and subject to the conditions indicated below:

(a)      the officer should have been approved for appointment to the particular grade/post in which the previous service is to be counted;

(b)      all his seniors, except those regarded as unfit for such appointment, were serving in posts carrying the scale of pay in which the benefit is to be allowed or in higher posts, whether in the department itself or elsewhere, and atleast one junior was holding a post in the department carrying the scale of pay in which the benefit is to be allowed; and

(c)      the service will count from the date his junior is promoted and the benefit will be limited to the period the officer would have held the post in his parent cadre had he not been appointed to the ex-cadre post.

Ruling No. 1

When a person in a post (whether within the cadre of his service or not) is for any reason prevented from officiating in his turn in a post on a higher scale or grade borne on the cadre of the service to which he belongs, he may be authorised by special order of the appropriate authority proforma officiating promotion into such scale or grade and thereupon be granted the pay of that scale or grade if that be more advantageous to him on such occasion on which the person immediately junior to him in the cadre of his service (or if that person had been passed over for reasons of inefficiency or unsuitability or because he is on leave or serving outside the ordinary line or forgoes officiating promotion of his own volition to that scale or grade, then the person next junior to him not so passed over) draws officiating salary in that scale or grade. But in case, where the person immediately junior to him happens to assume charge of the post on a later date than that of another junior, the senior who is outside the ordinary line shall be eligible for the benefit of proforma officiating promotion with effect from such date as the other junior assumes charge of the post:

Provided that all persons senior to the persons to whom the benefit under the substantive part of this rule is to be allowed are also drawing, unless they have been passed over for one or other of the reasons aforesaid, officiating salary in the said or some higher scale within the cadre :

Provided further that not more than one person (either the senior most fit person in a series of adjacent persons outside the ordinary line, or if such a person either forgoes the benefit on his own volition or dues not require benefits by virtue of his holding a post outside the ordinary line which secures him at least equivalent benefits in respect of salary and pension then the next below the series) may be authorised to draw the salary of the higher scale or grade in respect of any one officiating vacancy within the cadre filled by his junior under this rule.

Note 1.-A fortuitous officiating promotion given to a person who is junior to one outside the regular line does not in itself give rise to a claim under the 'Next Below Rule'.

Note 2.-The provisions in item (iii) of the proviso to the above rule in respect of protection of pay and period of increment shall be applicable to Government Servants on their appointment directly or on transfer from a post carrying identical time-scale of pay without fulfilment of the conditions indicated thereunder subject to the condition that this benefit will not be admissible to an individual who enters Government service for the first time from a post in a body incorporated or not which is wholly or substantially owned or controlled by Government.

Ruling No. 2

(1)     Scope of the term "outside the ordinary line".-The expression "outside the ordinary line" occurring in Ruling No. 1 is not intended to be rigidly interpreted as necessary involving a post either "outside the cadre" or "outside the ordinary time-scale". For instance there are cases of officers deputed for postgraduate, etc., training and paid training allowances on the basis of the pay and allowances they would have drawn had they continued in the Department. Training posts are also created in the Department to accommodate them during the period of training. If an officer so deputed gets a promotion in the Department it cannot be strictly stated that the officer is outside the ordinary line, as a training post has already been created to accommodate him within the cadre.

(2)     Seniority for purpose of the Next Below Rule.-If Government have approved in any Department a list of officers in the order of merit for promotion to administrative rank or a selection grade, then that order will prevail as the order of seniority for the purpose of the Next Below Rule, over the order of seniority of the officers in the ordinary gradation list of their cadre.

(3)     Promotions effected prior to the date of the Next Below Rule.-In G.O.(P) 393/63/Fin., dated 2nd July 1963 it has been ordered that the Next Below Rule would not apply to cases of promotions already effected. It has been laid down in the second proviso to the rule that not more than one person may be authorised to draw the salary of the higher scale or grade in respect of any one officiating vacancy within the cadre filled by his junior. A doubt may arise as to the application of this proviso in respect of promotions effected before the date of the rule. This is made clear by the following illustration. Suppose eight persons had been given the benefit of promotion before 2nd July 1963 outside the ordinary line against only 3 promotions within the ordinary line. In this case, the question of giving further promotion to the persons outside the ordinarily line will arise only after five more persons are given promotion within the ordinary line so that all the eight persons outside are sustained. But those 5 persons who were given promotion outside the ordinary line before 2nd July 1963 will continue to get the benefit even after 2nd July 1963 notwithstanding the second proviso to the ruling.

Ruling No. 3

In the case of a Government servant officiating in a post and whose pay had been re-fixed under this rule, if he is confirmed in that post with effect from a retrospective date, the re-fixation of pay done after the date of confirmation will have to be revised. The over payments consequent on such revision will first be set off against arrears, if any, that might become payable to the Government Servant for a portion of the period from the date of confirmation to the date of issue of orders of confirmation. The balance of overpayments that cannot be set off against the arrears, if any, shall be waived.

This Ruling shall be deemed to have come into force with effect from 1st November 1959.

Ruling No. 4

The refixation of pay in the higher officiating post on the date of change of pay in the lower time-scale contemplated in this rule cannot be allowed during the period of bar on increment with or without cumulative effect. But, in the cases of bar on increment without cumulative effect, there is no objection to give the refixation on a notional basis and to give the monetary benefit after the expiry of the period of bar. Increments accruing in the lower substantive/officiating post from time to time cannot also be allowed during the period of bar.

Ruling No. 5

Increments barred with or without cumulative effect in the lower substantive/officiating post shall not be reckoned for fixation/refixation of pay in the higher time-scale. But in the case of bar on increment without cumulative effect there is no objection to grant the barred increments notionally for fixation/refixation of pay and to give the monetary benefit after the expiry of the period of bar.

Ruling No. 6

A revision of pay as contemplated in Ruling No. 3 shall not be necessary in the case of retrospective confirmation ordered after the date of retirement of an officer.

The ruling shall be deemed to have come into force with effect from 1st November 1959.

Government Decision No. 1

The rules governing fixation of pay on transfer from one appointment to another contained in the service regulations [as modified by G.O. (P) 95/58/Fin., dated 16th April, 1958 and G.O. (P) 379/59/Fin., dated 22nd July 1959] are applicable to all cases of transfers irrespective of whether the transfer is on the basis of the advice of the Public Service Commission or not. The initial pay/salary of an officer, who while in Government service but not in a provisional appointment is recruited by the Public Service Commission for appointment to a post in the same department or another department will accordingly be fixed applying the above rules. No special sanction is necessary in such cases.

Government Decision No. 2

The above order will take effect from 1st November 1959 the date on which Kerala Service Rules took effect.

Government Decision No. 3

In the case of re-fixation of pay in the higher officiating appointment in respect of purely officiating hands without any substantive appointment under Government a certificate should be recorded in the fixation statement/bill that the government servant concerned would have continued in the lower officiating appointment had he not been promoted to the higher officiating appointment.

Government Decision No. 4

An officer officiating in a post, when appointed to a higher post on the advice of the Public Service Commission or otherwise is eligible for his initial pay being fixed under this rule and is also entitled to the benefit of refixation contemplated in the last sentence of the sub-rule (a).

This order will be deemed to have come into force with effect from 31st October 1986.

Government Decision No. 5

(1)     The following principles will be followed for fixation of pay when the scale of pay of a post held on a provisional basis is revised :

(i)       If the pay drawn in the previous scale is less than the minimum of the revised scale, then the pay in the revised scale may be fixed at the minimum.

(ii)      If the pay drawn in the previous scale is a stage in the revised scale, the pay in the revised scale may be fixed at that stage.

(iii)     If the pay drawn in the previous scale is not a stage, then the pay in the revised scale may be fixed at the next lower stage, the difference being treated as personal pay to be absorbed in future increase in pay.

(2)     The above principles will also be adopted for regulating the pay of an officer holding a post on a provisional basis when appointed to a higher or a lower post provisionally, except in cases of reversions.

(3)     The pay of an officer holding a post on a provisional basis when appointed provisionally to another post on identical time-scale will be fixed in the new appointment at a stage equal to the pay he was drawing in the previous appointment but the period during which he drew pay at that rate in the previous appointment will not count for increment.

(4)     Past cases settled otherwise, will not be reopened.

Government Decision No. 6

The pay drawn by an officer in an ex-cadre post can be counted for purpose of initial fixation of pay on promotion in the parent department. But the benefit of refixation of pay contemplated in the rule is not admissible to him as he loses connection with the ex-cadre post on appointment to the parent department.

The benefit of pay drawn in an ex-cadre post for purpose of initial fixation will not be admissible, if an officer is reverted to the parent department, to a post carrying a scale of pay lower than that of the ex-cadre post.

Government Decision No. 7

The re-fixation of pay contemplated in the last sentence of sub-rule (a) is admissible even in cases where the change of pay in the lower time-scale is due to fixation of pay on account of revision of the scale of pay. If both the lower and higher time-scales are revised, the benefit will be restricted to cases of options exercised in respect of both the posts simultaneously.

Government Decision No. 8

The principles enunciated in paragraph (1) of the Government Decision No. 5 above will be adopted for regulating the pay of an officer holding a post on a provisional basis when appointed to a higher or a lower post on a regular basis also, except in cases of reversions.

Effective from 5th July 1966.

Government Decision No. 9

(i)       The pay of an officer holding a post on a provisional basis and appointed on regular basis to another post on identical time-scale will be fixed at a stage equal to the pay he was drawing in the provisional appointment. The period during which the officer has drawn pay at that rate on the provisional appointment will not count for increment.

(ii)      The pay drawn by an officer in a post held by him on a provisional basis on initial appointment to Government service through the employment exchange or otherwise will not be reckoned for regulating his pay on appointment to another post carrying lower time-scale on a regular basis. Cases of persons appointed to a post on a provisional basis while holding regular posts and subsequently appointed to another post carrying a lower time-scale on a regular basis except cases of reversions, and cases of provisional hands appointed to higher posts on a regular basis will continue to be regulated by the Government Decision No. 8.

Government Decision No. 8 will stand modified to the above extent. This decision will take effect from 5th July 1966. Cases already settled otherwise will not be reopened to the disadvantage of the persons concerned.

Government Decision No. 10

The pay of a provisional appointee/promotee when re-appointed/re-promoted provisionally to the same post shall be fixed at the same stage at which he was drawing pay on the last such occasion and the period during which he drew pay at that stage on such last and any previous occasions will count for increment.

Government Decision No. 11

The pay of an officer holding a post on a regular basis and appointed on a provisional basis to another post on identical time-scale will be fixed at a stage equal to the pay he was drawing in the regular appointment. The period during which the officer has drawn pay at that rate on the regular appointment will count for increment in the provisional appointment.

The above decision shall be deemed to have come into force with effect from 3rd May 1963.

Rule - 37A.

Notwithstanding the provisions contained in these rules, the pay of a Government servant whose promotion or appointment to a post is found to be or to have been erroneous, shall be regulated in accordance with any general or special orders issued by the Government in this behalf.

Government Decision

The following provisions shall govern the pay and increments of a Government servant whose promotion or appointment in a substantive or officiating capacity to a post is later found to be erroneous on the basis of facts :-

(1)     The orders of promotion or appointment of a Government servant should be cancelled as soon as it is brought to the notice of the appointing authority that such a promotion or appointment has resulted from a factual error and the Government servant concerned should, immediately on such cancellation, be brought to the position which he would have held but for the incorrect order of promotion or appointment.

(2)     Service rendered by the Government servant concerned in the post he was wrongly promoted/appointed as a result of the error should not be reckoned for the purpose of increments or for any other purpose in that grade/post to which he would not normally be entitled but for the erroneous promotion/appointment.

(3)     Any consequential promotions/appointments of other Government servants made on the basis of the incorrect promotion/appointment of a particular Government servant will also be regarded as erroneous and such cases also will be regulated on the lines indicated in the preceding paragraph.

(4)     Except when the appointing authority is the Government, the question whether the promotion/appointment of a particular Government servant to a post was erroneous or not should be decided by an authority next higher than the appointing authority in accordance with the established principles governing promotions/appointments. In cases of doubt Government may be consulted.

(5)     Cases of erroneous promotion/appointment should be viewed with serious concern and suitable disciplinary action taken against the officers and staff responsible for such erroneous promotion/appointment under the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

(6)     In the case of a Government servant who has been erroneously promoted/appointed to a post in a substantive capacity, the following procedure may be followed for deconfirming the Government servant in that post and only thereafter, the Government servant concerned should be brought down to the position which he would have held but for the erroneous promotion/appointment.

(a)      An order of confirmation which is clearly contrary to the relevant statutory rules may be cancelled by the competent authority straight away. Here the order of confirmation was ab initio void as it was ultra vires of the relevant rules and cancellation of the order would be justified on the ground that there was no valid subsisting order at all and the act of cancellation is a mere formality. The effect of cancellation would be to put the employee concerned in a position of never having been confirmed.

(b)      An order of confirmation which is contrary to executive orders or administrative instructions may be cancelled by the competent authority, if such erroneous order of confirmation has operated to the prejudice of some identifiable person who would otherwise have been confirmed, if the orders had been correctly applied.

Here the order of cancellation would be just and equitable as the confirmation of the employee concerned operates unfairly to the detriment of another employee who would have otherwise been confirmed. Such cancellation will not have the effect of doing any injustice to the employee whose confirmation is cancelled, since he was under the executive orders or administrative instructions in force, not entitled to confirmation.

It would, however, be in consonance with the principles of natural justice that a notice to show cause why the orders of confirmation should not be cancelled be given to the affected party in both the types of cases specified above.

(7)     The orders re-fixing the pay in all the above cases should be issued expressly under Rule 37A, Part I, Kerala Service Rules.

Rule - 37B.

(a)      Probationer in any service shall draw initial pay as follows :-

(i)       while undergoing a course of instruction or training the pay, if any, specified in the 'Special Rules' in that behalf or by special orders of Government, and

(ii)      after completion of the course of instruction or training and when there is no course of instruction or training, the minimum of the time-scale of the probation post.

(b)      (i) A probationer whose, period of probation is two years and whose increment is annual shall be entitled to draw the first increment in the time-scale of the probation post after putting in the service required to earn an increment. The second increment shall be drawn only with effect from the date from which he is declared to have completed his probation. Delay in completing probation will not however, affect his future increments and these will accrue on the normal incremental dates.

(ii) In the case of a probationer whose period of probation is one year and whose increment is annual, the first increment in the scale of pay of the probation post shall be drawn only with effect from the date on which he is declared to have completed his probation. Delay in completing probation will not, however, affect his future increments and these will accrue on the normal incremental dates.

Note-If any period of the service of a probationer does not count for probation, he shall complete the period of probation of one year or two year's duty, as the case may be, by being on duty for an equal period from the date of expiry of one year or two years as the case may be after the commencement of the probation. In cases where the above period is expressed in terms of months and days, then such period shall be calculated as provided in Rule 12(21) of Part I, Kerala Service Rules. In cases where the absence is expressed in days, the date of completion of probation shall be extended by the number of days of such absence.

Effective from 4th April 1983.

[Memorandum No. 87/63, dt. 30-11-1963]

(c)      Subject to the provisions of Rule 39 and notwithstanding the provisions of sub-rules (a) and (b) of this rule, an officer shall be entitled to draw in the probation post the pay for which he would be eligible from time to time under the provisions of Rule 28A, Rule 33(c) or Rule 37, as the case may be.

Rule - 38.

When an officer officiates in a post, the pay of which has been fixed at a rate personal to another officer the Government may permit him to draw pay at any rate not exceeding the rate so fixed or, if the rate so fixed be a time-scale, may grant him initial pay not exceeding that lowest stage of that time-scale and future increments not exceeding those of the sanctioned scale.

Rule - 39.

The Government may in individual cases fix by special order the pay of an officiating officer at an amount less than that admissible under these rules.

Rule - 40.

The Government may issue general or special orders allowing acting promotions to be made in place of officers who are treated as on duty under Rule 12(7)(iii).

Note.-Acting arrangements may be allowed by competent authority if the period of training of an officer is one month or more. If it is less than a month, no arrangements can be made except under the special sanction of Government.

Government Decision

In the case of deputation of a Government Servant for training or a course of instruction which is treated as duty under Rule 12(7)(iii), Part I, Kerala Service Rules it is not necessary to create a new post in order to accommodate him during such training or course of instruction, since the very order sanctioning the deputation for training would be a sanction in this behalf.

Effective from 2nd September 1964.

Rule - 41.

Personal Pay-Except when otherwise ordered by Government personal pay shall be reduced by any amount by which the recipient's pay may be increased and shall cease as soon as his pay is increased by an amount equal to his personal pay.

Rule - 42.

Pay of Temporary Posts-When a temporary post is created which may have to be filled by a person not already in Government Service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post.

Rule - 43.

When a temporary post is created which will probably be filled by a person who is already in the service of Government its pay should be fixed with due regard to-

(a)      the character and responsibility of the work to be performed, and

(b)      the existing pay of officers of a status sufficient to warrant their selection for the post.

Note.-Temporary posts by this criterion should be considered as temporary additions to the cadre of a service should be created in the time-scale of the service ordinarily without extra remuneration. Incumbents of these posts will therefore draw their ordinary time-scale of pay. If the posts involve decided increases in work and responsibility in comparison with the duties of the parent cadre generally it may be necessary to sanction a special pay in addition.

CHAPTER V ADDITIONS TO PAY

Rule - 44.

Compensatory Allowances.-Subject to the general rule that the amount of compensatory allowances should be so regulated that the allowance is not on the whole a source of profit to the recipient the Government may grant such allowances to any officer under its control and may make rules prescribing their amounts and the conditions under which they may be drawn. (For rules made under the above Rule See Appendix IV).

(I)      Unless otherwise ordered by Government, a compensatory allowance shall ordinarily be drawn only by a Government servant actually on duty, but the authority competent to sanction leave may in writing permit it to be drawn by the officer on earned leave, if the whole or a considerable part of the expense to meet which the allowance was granted continues to be incurred by him during the leave:

Provided the Government Servant certifies that he continued for the period for which the allowance is claimed, to incur the whole or a considerable part of the expense for which the allowance was granted:

Provided further that the officer is due to return after leave to the same post or station, as the case may be from which he proceeded on leave or to a similar post or station for which the allowance at the same or a higher rate is admissible:

Provided further when the Government servant on return from leave is posted to a post other than the one from which he went on leave and both the posts carry similar allowances but at different rates, the Government servant shall during leave draw the lesser of the two rates.

I. (A) Subject to the second and third provisions to clause I above, compensatory allowance granted under class VI (c) in Appendix IV may be drawn during periods of earned leave:

This clause shall be deemed to have come into force with effect from 12th January 1965.

(II)     A compensatory allowance granted under class IV, Appendix IV may be drawn during temporary transfer, if

(i)       the authority sanctioning the transfer certifies that the Government servant is likely, on the expiry of the temporary duty, to return to the station from which he is transferred;

(ii)      the Government servant draws no allowance of the same kind in the post to which he is transferred; and

(iii)     the Government servant certifies that he kept his family, for the period for which the allowance is claimed, at the station from which he proceeded on transfer.

(III)   A compensatory allowance granted under class VI, Appendix IV may be drawn during temporary transfer, if-

(i)       the authority sanctioning the transfer, certifies that the Government servant is likely on the expiry of the transfer, to return to the post to which the allowance is attached or to another post carrying a similar allowance; and

(ii)      the Government servant certifies that he continued for the period for which the allowance is claimed to incur the whole or a considerable part of the expenditure for which the allowance was granted.

Note.-The certificate under clause (ii) above will be dispensed with when it is inapplicable.

(IV)   If a Government servant in his old post drew compensatory allowance granted under Class IV, or Class VI of Appendix IV (but not in an individual capacity) and is transferred to another post, he may be allowed the compensatory allowance during joining time as applicable to the old station from which he was transferred. He may also be allowed house rent allowance during transit as applicable to the old station from which he was transferred. He shall not be allowed conveyance allowance or Permanent Travelling Allowance.

Government Decision No. 1

Notwithstanding anything contained in the second and third provisos to Rule 44 I, Part I Kerala Service Rules, House Rent Allowance and City Compensatory Allowance admissible under orders issued from time to time will be payable during periods of leave with allowances including leave preparatory to retirement, if the total periods of such leave at a time does not exceed four months or if the actual duration of the leave exceed four month, for the first four months of such leave.

Government Decision No. 2

[Deleted]

Rule - 45.

The Government may make rules or issue orders laying down the principles governing the allotment to officers, for use by them as residences, of such buildings owned or leased by it, or such portions thereof, as the Government may make available for the purpose. Such rules or orders may lay down different principles for observance in different localities or in respect of different classes of residence, and may prescribe the circumstances in which such an officer shall be considered to be in occupation of a residence.

Rule - 46.

Fees.- The Government may permit an officer, if it be satisfied that this can be done without detriment to his official duties or responsibilities, to perform a specified service or series of services for a private person or body or for a public body including a body administering a local fund or for another Government and to receive as remuneration therefore, if the service be material a non recurring or recurring fee.

Note.-This rule does not apply to the acceptance of fees from private persons by medical officers in Government employ for professional attendance which is regulated by separate orders of Government.

Rule - 47.

No officer may undertake work for another Government, or a private or public body or a private person, or accept fee therefore, without the sanction of the Government.

Note.-Heads of department, while forwarding their recommendations in such cases shall unless the officer is on leave, specifically state whether the work can be undertaken by the officer concerned without detriment to his official duties and responsibilities.

Government Decision

In respect of examinations conducted by the Education Department, the Public Service Commission, the University etc., it is not necessary to accord individual sanction for acceptance of remuneration in every case of Government servant undertaking such work. Any officer of Government, who is called upon to undertake work in connection with the examination, conducted by the following examining bodies, will be permitted to accept such assignment and the remuneration therefore with effect from 1st November 1959:-

(1)     The Kerala University and other Universities.

(2)     The Union Public Service Commission, the Public Service Commission of the States and the Secretarial Training School, Cabinet Secretariat of the Government of India.

(3)     The London Chamber of Commerce.

(4)     The Departments of this Government.

(5)     The Forest Research Institute and Colleges, Dehra Dun and Coimbatore.

(6)     The Kerala State Co-operative Union in respect of Co-operative Subordinate Personnel Training Examination.

The item No. 6 shall be deemed to have come into force with effect from 10th May 1966.

Rule - 48.

Unless the Government by special order otherwise direct, one-third of any non-recurring fee exceeding +Rs. 2000 or one-third of any recurring fee exceeding +Rs. 1250 a year, paid to an officer, shall be credited to the General Revenues.

Note 1.-If any fee to which this rule applies exceeds +Rs. 2000 non-recurring or +Rs. 1250 a year recurring one-third of the total amount payable should be credited to the General Revenues, provided that the amount retained by the officer concerned will not, merely owing to the operation of this rule, be reduced below +Rs. 2000, if non-recurring or +Rs. 1250 a year if recurring.

Non-recurring and recurring fees should be dealt with separately and should not be added for the purpose of crediting one-third to General Revenues under this rule. In the case of the former, the limit of +Rs. 2000 prescribed in this rule should be applied in each individual case, and in the case of the latter the limit of +Rs. 1250 should be applied with reference to the total recurring fees for the financial year.

+This amendment shall be deemed to have come into force with effect from 26th July 1995.

Note 2.-The above rule does not apply to fees received by officers from a University or other examining body in return for their services as examiners or from the revenues of another Government in return for their services to that Government* and also to the royalties received by officers from the publishers for the sale of the books written by them even with the aid of knowledge acquired during the course of their service.

* This amendment shall be deemed to have come into force with effect from 11th October 1971.

Rule - 49.

Honoraria.-The Government may grant or permit an officer to receive an honorarium as remuneration for work performed which is occasional in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons, which should be recorded in writing exist, for a departure from this provision, sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the prior consent of the Government and its amount has been settled in advance.

Government Decision No. 1

The following allowances will be classified as honoraria under this rule :

(1)     Overtime allowance.

(2)     Allowance given to Wardens and Assistant Wardens of hostels.

Government Decision No. 2

When State Government Officers required to attend the meetings of the Interview Board of the Kerala Public Service Commission are not eligible for Travelling Allowance under the rules, they shall be paid an honorarium equivalent to the daily allowance admissible under Rule 39, Part II, Kerala Service Rules.

Effective from 22nd January 1969.

Government Decision No. 3

The conditions of prior consent and the settlement of the amount in advance referred to in the last sentence of this rule will not apply to any work ordered to be done at Government level.

Government Decision No. 4

When members of the Boards for various examinations conducted by the Commissioner for Government Examinations required to attend to the meetings of the Boards are not entitled to Travelling Allowance and Daily Allowance under the rules, they shall be paid an honorarium equivalent to the Daily Allowance admissible under Rule 39, Part II, Kerala Service Rules.

This decision will be deemed to have come into force with effect from 17th January 1972.

Rule - 50.

Fees and Honoraria.-In the case of both fees and honoraria the sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in Rule 14 and shall record also the reasons which in his opinion justify the grant of the extra remuneration.

Rule - 51.

Any officer is eligible to receive without special permission-

(a)      the premium awarded for an essay or plan in public competition;

(b)      any reward offered for the arrest of a criminal or for information or special service in connection with the administration of justice;

(c)      any reward payable in accordance with the provisions of any Act or Regulation or Rules framed thereunder;

(d)      any reward sanctioned for services in connection with the administration of the customs and excise laws;

(e)      any fees payable to an officer for the duties which he is required to perform in his official capacity under any special law or by order of Government; and

(f)       any remuneration paid by the All India Radio for professional performances in its programmes, such as music, drama and the like.

Note.-Sanction of the authorities mentioned below is, however, necessary for accepting remuneration for giving talks over the All India Radio by Government Officers:

Rule - 52.

An officer whose duties involve the carrying out of scientific or technical research shall not apply for or obtain, or cause or permit any other person to apply for or obtain, a patent for an invention made by such officer save with the permission of the Government and in accordance with such conditions as the Government may impose.

CHAPTER VI COMBINATION OF APPOINTMENTS

Rule - 53.

(a)      A competent authority may appoint an officer to hold substantively or to officiate in two or more independent posts at one time.

(b)      The competent authority who appoints an officer to hold or to officiate in a second post in addition to his own, will declare whether he officiates in or holds full charge of the additional post or is appointed merely to discharge the current duties. It should also specify in each case the amount of additional pay and allowances, if any, to be granted, the amount being subject to the following limits:-

(1)     If an officer is appointed to officiate in a second post and to hold in addition full charge of his own post, he may be allowed to draw the highest pay to which he would be entitled if his appointment to one of the posts stood alone and in addition pay which should not exceed 20 percent of the minimum of the scale of pay of the other post. The highest pay referred to above may be specifically reduced by the competent authority at its discretion.

If compensatory allowance is attached to one of the posts, he may be permitted to draw it in full and if compensatory allowances are attached to more than one of the posts, the allowance which may be granted to him should not exceed the larger allowance.

(2)     If the officer is appointed to hold full charge of one or more posts in addition to his own, the additional pay which may be granted to him in respect of each additional post should not exceed 20 percent of the minimum of the scale of that post. The drawal of compensatory allowances will be regulated as in the sub-para under clause (1) above.

(3)     If the officer is appointed to discharge only the current duties of one or more posts in addition to his own, the additional pay which may be granted to him in respect of each additional post should not exceed 10 percent of the minimum of the scale of pay of that post, in addition to the pay and compensatory allowances, if any, admissible in his regular post.

(c)      No additional pay should be granted unless the previous incumbent of the additional post held, has actually given over charge thereof under orders of competent authority and unless the period of additional charge exceeds fourteen working days in the case of full additional charge and one month in the case of discharge of current duties only. The drawal of additional pay should not normally be allowed for a period exceeding three months.

(d)      [Deleted].

(e)      Additional remuneration should not be allowed as a matter of course or granted when the extra duties to be performed are only nominal or comparatively light. Additional remuneration should not be allowed during any period of vacation unless the additional duty is actually performed during such period.

Ruling

The term 'independent' occurring in the above rule should be interpreted as meaning separate or distinct involving independent duties and responsibilities and the post subordinate to the one held by the officer should not be taken as independent under the rule.

Government Decision No. 1

At present charge allowance of the non gazetted officer for his holding additional charge of a gazetted post is being authorised by the office of the Accountant General based on the sanction of competent authorities, in the same way as pay and allowances of a gazetted officer is concerned. This practice has since been reviewed in the light of the procedure followed in some of the Audit and Account offices of other States. It has been decided that no authorisation from the office of the Accountant General is necessary in case of additional charge arrangements from 1st April 1963 onwards, as holding of additional charge of a gazetted post does not alter the status of a non gazetted officer to that of a gazetted officer.

According to the changed procedure, the additional charge allowance will be drawn and paid by the Head of Office in the same manner as his regular pay and allowances are drawn. The Drawing Officer should however satisfy himself that there is proper sanction of the competent authority for the additional charge arrangements and that the officer has actually held the additional charge of the post during the period for which the charge allowance is drawn and also that the rate of allowance sanctioned and drawn is as per rules etc. The charge allowance thus drawn may be continued to be debited to the same head of account to which the pay of the non-gazetted officer is debited.

In the case of a non gazetted officer holding additional charge of the duties of the Head of an Office, who is a gazetted officer and also a drawing and disbursing officer, the procedure adopted for the drawal of his normal pay and allowances may be followed for the drawal of charge allowance also.

Government Decision No. 2

The following criteria will be followed to distinguish between 'full additional charge' and 'discharge of current duties':-

(i)       An officer appointed to hold 'full additional charge' of a post has to perform all the administrative, financial and statutory functions and duties in respect of that post.

(ii)      An officer appointed to discharge current duties of a post need attend only to the work of a routine nature in respect of that post.

Rule - 53A.

The posts in respect of which additional charge arrangements may be ordered shall be as classified below:-

(I)      Posts not in the same office, establishment or line of promotion or cadre.-Where the duties and responsibilities are clearly independent and are eligible for additional pay, e.g., Labour Commissioner, holding charge of the post of Registrar of Co-operative Societies and Joint Secretary to Government holding charge of post of a Head of Department.

(II)     Posts in the same office, establishment or line of promotion or cadre-Cases of this nature shall further be divided as follows :-

(a)      When the additional post is subordinate to the regular post, additional pay shall not be admissible e.g., Superintendent of Police holding charge of the post of Assistant Superintendent of Police or Deputy Superintendent of Police and District Collector holding the charge of the post of Revenue Divisional Officer under him.

Note.-The reason for the non-grant of additional pay in the above cases is that the superior officer is expected to supervise the work of the subordinates and the additional charge arrangements should not entitle him to extra remuneration. The work of the additional post should be redistributed among other subordinates in such a way that each one's load of work is increased to a small extent that no one need be given additional pay.

(b)      When the additional post is of equivalent and of the same rank as that of the regular post the following principles shall apply:

(1)     If additional charge arrangements are in respect of different territorial jurisdictions, the posts are definitely independent and in such cases additional pay shall be admissible, e.g., Revenue Divisional Officer of one district/division holding charge of another district/division and one Block Development Officer holding charge of another block.

(2)     If additional charge arrangements are in respect of posts in the same office and of the same rank, additional pay shall not be admissible if the duties of the additional post are identical in nature and if the responsibilities are such as can easily be spread out among others holding the same post, e.g., if a Deputy Collector goes on leave and if the Collector has a number of Deputy Collectors working under him, he should consider whether he can distribute the responsibilities of the Deputy Collector on leave to the other Deputy Collectors so as not to increase substantially each one's load of work.

(3)     If the additional charge arrangements are in the same office and if the responsibilities attached to the post are indivisible and cannot be distributed to more than one officer, additional pay shall be admissible. In such cases, a certificate to the effect that the responsibilities of the post held in additional charge are not divisible, should be furnished by the competent authority, e.g., Secretary to Government of one department holding charge of the post of Secretary of another Department and Deputy Director of Animal Husbandry (Key Village) or Deputy Director of Animal Husbandry (Veterinary) or Deputy Director of Animal Husbandry (Extension) holding charge of the other post.

(c)      When the additional post is superior to the regular post and is carrying higher scale of pay additional pay shall be admissible, e.g., Deputy Secretary or Joint Secretary to Government holding charge of the post of Additional Secretary or Secretary to Government and a Superintendent of Police or Assistant Inspector General of Police holding charge of the post of Deputy Inspector General of Police.

CHAPTER VII DISMISSAL, REMOVAL AND SUSPENSION

Rule - 54.

The pay and allowances of an officer who is dismissed or removed from service cease from the date of such dismissal or removal.

Rule - 55.

An officer under suspension or deemed to have been placed under suspension by an order of the appointing authority is entitled to the following payments:-

For the first year of suspension, subsistence allowance at an amount equal to *the leave salary which the officer would have drawn had he been on leave on half pay on the date of suspension; but the benefit of any increase in pay due to increment falling due during the period of suspension will not be admissible during the period, and

This amendment shall be deemed to have come into force with effect from 1st April 1973.

For any period subsequent thereto at three-quarters of such amount.

In addition, he may be granted to such extent and subject to such conditions as the authority ordering his suspension may direct-

(i)       Dearness allowance and Dearness pay not exceeding the amount admissible as such had he been on leave on leave salary equal to the rate of subsistence allowance payable from time to time.

(ii)      Any other compensatory allowance of which he was in receipt on the date of suspension.

Note 1.-If an officer under suspension is dismissed with retrospective effect no recovery is necessary of the subsistence grant already paid to him.

Note 2.-

(a)      Deductions shall be made from the subsistence allowance on account of the following :-

(i)       Income Tax and Super Tax (provided the employees annual income calculated with reference to subsistence allowance is taxable).

(ii)      House rent and allied charges i.e., electricity, water, furniture etc.

(iii)     Repayment of loans and advances, taken from Government at such rates as the Head of the Department deems appropriate.

(iv)    Amounts due to Co-operative Stores and Cooperative Credit Societies.

(v)      Subscription to the Family Benefit Scheme, if the officer is a subscriber to the scheme.

(b)      Deduction on account of the following shall be optional:-

(i)       Premia due on Postal Life Insurance Policies and State Life Insurance Policies-Official Branch.

(ii)      Refund of advances taken from General Provident Fund.

The written consent of the officer should be obtained in the case of these optional deductions.

(c)      Deductions of the following nature should not be made from the subsistence allowance:-

(i)       Subscription to a General Provident Fund.

(ii)      Amount due to Court attachments.

(iii)     Recovery of loss to Government for which an officer is responsible.

(d)      As regards recovery of overpayments, there is no bar to effect the same from the subsistence allowance, but such recoveries of overpayments should not ordinarily be made at a rate greater than one-third of the amount of the subsistence allowance i.e., exclusive of dearness allowance if any, admissible to him.

Note 3.-No payment under the rules shall be made unless the officer furnishes a certificate that he is not engaged in any other employment, business, profession or vocation. In the case of non-gazetted officers, the certificate signed by the officer should be countersigned by a gazetted officer, in token of acceptance. It should then be attached to the bill in which subsistence allowance for the period covered by the certificate is claimed. In the case of gazetted officers payment of subsistence allowance will be authorised by the Accountant General on the basis of the sanction issued by the competent authority and the Treasury Officer will pay the allowance only if a similar countersigned certificate is attached to the bill claiming it.

Note 3A. Compensatory allowance under clause (ii) above may be granted provided the officer certifies that for the period for which the allowance is claimed, he continued to incur the whole or a considerable part of the expense to meet which the allowance was granted. The maximum period for which the compensatory allowance may be paid shall be limited to 120 days.

Note 4.-In the case of an officer under suspension before 27th July 1962 recovery of House Construction Advance shall be limited to 1/3 of the subsistence allowance or the usual rate of monthly instalment whichever is lower. No penal interest shall be levied on the defaulted portion of the instalment.

Rule - 55A.

[Deleted]

This amendment shall be deemed to have come into force with effect from 3rd February 1988.

Rule - 55B.

(i)       Notwithstanding anything contained in Rule 55, when an officer is placed under suspension while on leave without allowances, he shall not be eligible for any subsistence allowance during the period of the leave. On the expiry of the leave if he continues to be on suspension, he shall be entitled to the subsistence allowance. If he is reinstated before the expiry of the leave, he shall continue to be on leave till its expiry, unless the officer other wise desires.

(ii)      In the case of an Officer on leave with allowances, the orders of suspension shall have the effect of cancelling the leave for the period of suspension. He shall be entitled to subsistence allowance.

Rule - 56.

(1)     When an officer who has been dismissed, removed or compulsorily retired including an officer who has been compulsorily retired under Rule 60A, is reinstated as a result of appeal or review or would have been so reinstated, but for his retirement on superannuation while under suspension or not, the authority competent to order reinstatement shall consider and make a specific order-

(a)      regarding the pay and allowances to be paid to the officer for the period of his absence from duty including the period of suspension preceding his dismissal, removal, or compulsory retirement, as the case may be,

(b)      whether or not the said period shall be treated as a period spent on duty, and

(c)      in the case of an officer who was compulsorily retired under Rule 60A and subsequently reinstated, for the recovery of the relevant benefits, if any, already paid to him.

(2)     Where the authority competent to order reinstatement is of opinion that the officer who had been dismissed, removed or compulsorily retired, has been fully exonerated, the officer shall, subject to the provisions of sub-rule (6) be paid the full pay and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement as the case may be:

Provided that where such authority is of opinion that the termination of the proceedings instituted against the officer had been delayed for reasons directly attributable to the officer, it may, after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the officer shall subject to the provisions of sub-rule (7), be paid for the period of such delay, only such amount (not being the whole) of such pay and allowances as it may determine.

(3)     In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement as the case may be, shall be treated as a period spent on duty for all purposes.

(4)     In cases other than those covered by sub-rule (2) including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or reviewing authority solely on the ground of non-compliance with the requirements of clause (2) of Article 311 of the Constitution and no further enquiry is proposed to be held, the officer shall, subject to the provisions of sub-rules (6) and (7) be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement as the case may be, as the competent authority may determine, after giving notice to the officer of the quantum proposed and after considering the representation, if any, submitted by him in that connection within such period as may be specified in the notice:

Provided that except in the case of such officers as are governed by the provisions of the Payment of Wages Act, 1936 (Central Act 4 of 1936), any payment under this sub-rule shall be restricted to a period of three years immediately preceding reinstatement or retirement on superannuation, as the case may be.

(5)     In a case falling under sub-rule (4), the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be so treated for any specified purpose:

Provided that if the officer so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind due and admissible to the officer.

Note 1.-The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of-

(a)      Leave without allowances in excess of three months in the case of a temporary officer; and

(b)      Leave of any kind in excess of five years in the case of a permanent officer.

Note 2.-The leave of any kind due and admissible referred to in the proviso shall include commuted leave also.

(6)     The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which such allowances are admissible.

(7)     The amount (not being the whole) of such pay and allowances determined under the provision to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under Rule 55.

(8)     Any payment made under this rule to an officer on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the officer.

Rule - 56A.

(1)     Where the dismissal, removal or compulsory retirement of an officer is set aside by a Court of Law and such officer is reinstated without holding any further inquiry the period of absence from duty shall be regularised and the officer shall be paid pay and allowances in accordance with the provisions of sub-rule (2) or sub-rule (3) subject to the directions, if any, of the court.

(2)     Where the dismissal, removal or compulsory retirement of an officer is set aside by the court solely on the ground of noncompliance with the requirements of clause (2) of Article 311 of the Constitution, and where he is not exonerated on merits, the pay and allowances to be paid to the officer for the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be determined by the competent authority and the said period shall be regularised, in accordance with the provisions contained in sub-rule (4), (5) and (7) of Rule 56.

(3)     If the dismissal, removal or compulsory retirement of an officer is set aside by the court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period, in which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be.

(4)     The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible.

(5)     Any payment made under this rule to an officer on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the officer.

Rule - 56B.

(1)     When an officer who has been suspended is reinstated or would have been so reinstated but for his retirement on superannuation while under suspension, or has retired from service on superannuation before the conclusion of the disciplinary proceedings against him the authority competent to order reinstatement shall consider and make a specific order.

(a)      regarding the pay and allowances to be paid to the officer for the period of suspension ending with reinstatement or the date of his retirement on superannuation, as the case may be; and

(b)      whether or not the said period shall be treated as a period spent on duty.

(2)     Notwithstanding anything contained in Rule 55, where an officer under suspension dies before the disciplinary, or court proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid.

(3)     Where the authority competent to order reinstatement is of the opinion that the suspension was wholly unjustified, the officer shall, subject to the provisions of sub-rule (8) be paid the full pay and allowances to which he would have been entitled, had he not been suspended:

Provided that where such authority is of the opinion that the termination of the proceedings instituted against the officer had been delayed owing to reasons directly attributable to the officer, it may after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the officer shall be paid for the period of such delay only such amount (not being the whole) of such pay and allowances as it may determine.

(4)     In a case falling under sub-rule (3), the period of suspension shall be treated as a period spent on duty for all purposes.

(5)     In cases other than those falling under sub-rules (2) and (3), the officer shall subject to the provisions of sub-rules (8) and (9) be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled had he not been suspended, as the competent authority may determine, after giving notice to the officer of the quantum proposed and after considering the representation, if any, submitted by him in connection within such period as may be specified in the notice.

(6)     Where suspension is revoked pending finalisation of the disciplinary or court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings against the officer shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-rule (1) who shall make an order according to the provisions of sub-rule (3) or sub-rule (5), as the case may be.

(7)     In a case falling under sub-rule (5), the period of suspension shall not be treated as a period spent on duty unless the competent authority specifically directs that it shall be so treated for any specified purpose:

Provided that if the officer so desires, such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the officer.

Note 1.-The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of-

(a)      leave without allowances in excess of three months in the case of a temporary officer, and

(b)      leave of any kind in excess of five years in the case of a permanent officer.

Note 2.-The leave of any kind due and admissible referred to in the proviso shall include commuted leave also.

(8)     The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall be subject to all other conditions under which such allowances are admissible.

(9)     The amount (not being the whole) of such pay and allowances determined under the proviso to sub-rule (3) or under sub-rule (5) shall not be less than the subsistence allowance and other allowances admissible under Rule 55.

Note 1.-The amount of subsistence allowance already drawn should be adjusted against the pay and allowances or proportion of them granted under Rules 56, 56A or 56B or leave salary which may be granted to the officer.

Note 2.-The orders of revocation of suspension or of reinstatement after dismissal, removal or compulsory retirement from service take effect form the date of the order and the intervening period, i.e., the period from the date of order to the date of joining duty shall be regularised by granting joining time and/or leave due and admissible to the officer concerned. However, cases where there is an abnormal time-lag between the date of such order and the date on which the officer concerned reports for duty shall be decided by Government, on merits.

Note 3.-When a period of suspension is ordered to be converted into leave, the amount of subsistence allowance and compensatory allowances already received in excess of the leave salary and allowances admissible on such conversion, shall be refunded.

Effective from 10th July 1981.

Note 3A.-If the officer is a subscriber to the Family Benefit Scheme who has received the payment due under the scheme and desires to avail himself of the benefit of the scheme, he shall refund the entire amount received. In addition, he shall also make the contribution for the period of service from the date of dismissal, removal or compulsory retirement to the date of reinstatement, in case the period is ordered to be counted as duty for all purposes including pay and allowances. In cases however where the period is ordered to be treated as eligible leave, the subscriber need make his contribution only for period of eligible leave for which he is entitled to get full or half pay.

Note 4.-A permanent post vacated by the dismissal, removal, compulsory retirement or reduction of a Government servant to a lower service, grade or post or to a lower time-scale should not be filled substantively until the expiry of the period of one year from the date of such dismissal, removal, compulsory retirement or reduction, as the case may be. Where on the expiry of the period of one year, the permanent post is filled and the original incumbent of the post is reinstated thereafter, he should be accommodated against any post which may be substantively vacant in the grade to which his previous substantive post, belonged. If there is no such vacant post, he should be accommodated against a supernumerary post which should be created in this grade with proper sanction and with the stipulation that it would be terminated on the occurrence of the first substantive vacancy in that grade.

Note 5.-If an officer under suspension is dismissed *or removed with retrospective effect from the date of suspension, no recovery should be made of the subsistence allowance already paid to him, and arrears of subsistence allowance, if any, due to him upto the date of the order dismissing *or removing him should be paid to him. The arrears of subsistence allowance due to the officer should not be adjusted against any amounts due from him to Government.

Note 6.-If an office under suspension is compulsorily retired with retrospective effect from the date of suspension, the pension due to the officer from the date of such retirement to the date of the order compulsorily retiring him shall be with held if the rate of pension is lower than or equal to the rate of subsistence allowance granted to him. In case the pension happens to be higher than the subsistence allowance granted the difference shall be paid to the officer. (Note 6 shall be deemed to have come into force with effect form 22nd August 1960).

GOVERNMENT DECISION

The term 'Pension' used in Note 6 does not include death-cum-retirement gratuity.

Effective from 22nd August 1960.

Ruling No. 1

Notwithstanding the provision contained in clause (4), an officer who is reinstated under clause (1) and who would have been eligible for promotion to a higher post during the period of suspension but for the suspension will be entitled to the pay and allowances of the higher post only from the date on which he assumes charge of that post.

Ruling No. 2

It is not necessary to create an additional post to draw the pay and allowances of an officer who has been placed under suspension and is reinstated in service, treating the period of absence as duty.

Rule - 57.

An officer who is detained in custody, whether on a criminal charge, or otherwise, for a period exceeding forty-eight hours, or is undergoing imprisonment, shall be deemed to be under suspension with effect from the date of commencement of the detention or imprisonment, as the case may be, and shall not be allowed to draw any pay and allowances during such period of suspension other than any subsistence allowance and other allowances that may be granted in accordance with Rule 55, until he is reinstated in service. An adjustment of his pay and allowances for such periods should thereafter be made according to the circumstances of the case, the full amount being given only in the event of the officer being acquitted of blame or (if the proceedings taken against him were for his arrest for debt) of its being provided that the officer's liability arose from circumstances beyond his control.

Rule - 58.

An officer against whom a criminal charge or a proceeding for arrest for debt is pending in a court of law should also be placed under suspension by the issue of specific orders to this effect during periods when he is not actually detained in custody or imprisoned (e.g., whilst released on bail) if the charge made or proceeding taken against him is connected with his position as an officer or is likely to embarrass him in the discharge of his duties as such or involves moral turpitude unless there are exceptional reasons for not adopting this course. In regard to his pay and allowances the provisions of the rule above shall apply.

Rule - 59.

Leave may not be granted to an officer under suspension.

CHAPTER VIII COMPULSORY RETIREMENT

Rule - 60.

(a)      Except as otherwise provided in these rules the date of compulsory retirement of an officer shall take effect from the afternoon of the last day of the month in which he attains the age of 55 years. He may be retained after this date only with the sanction of Government on public grounds which must be recorded in writing, but he must not be retained after the age of 60 years except in very special circumstances.

(aa) An Officer in the Kerala Judicial Service or the Kerala State Higher Judicial Service shall ordinarily retire when he attains the age of 60 years; but he shall have the option to retire when he attains the age of 58 years. His continuance in service beyond the age of 58 years shall however be subject to review by the High Court as per the provisions of the Kerala Judicial Service Rules and the Kerala State Higher Judicial Service Rules.

This amendment shall be deemed to have come into force with effect from 31st December, 1992.

(b)      Officers in the Last Grade Service on 7th April 1970 will retire on the afternoon of the last day of the month in which they attain the age of 60 years provided that this benefit will be available to them only as long as they continue to be in the Last Grade Service as defined in Rule 12(16-A).

Note.-Ex-servicemen who were in armed force prior to 7th April, 1970 and who have been appointed as Last Grade Employees in the Last Grade Service in the State after 7th April 1970 will also be eligible for the benefit of the above rule provided they continue to be in the Last Grade Service.

(c)      The teaching staff of all educational institutions (including Principals of Colleges) who complete the age of 55 years during the course of an academic year shall continue in service till the last day of the month in which the academic year ends. *[They shall be entitled to the benefits of increments and promotion which fall due, before the last day of the month in which they attain the age of 55 years. But they shall not be eligible for increment or promotion during the period of their service beyond such date]. If they are on leave on the day they attain the age of 55 years and if there is no prospect of their returning to duty before the closing day of the academic year for vacation they shall be retired with effect from the last day of the month in which they attain the age of 55 years. But in cases where officers coming under this rule are under suspension on the date of superannuation or thereafter but before the closing day of the academic year, they shall be retired from service on the date of superannuation or on the date of suspension whichever is later.

*Effective from 30th March 1982.

If, however, the day on which the teaching staff (including Principals of Colleges) attain the age of 55 years falls within the period of one month beginning with the day of reopening of the institutions they shall cease to be on duty with effect from the date of such reopening and they shall be granted additional leave from the date of reopening to the last day of the month in which they attain the age of 55 years. They shall be entitled to the benefit of increment if it falls due before the actual date on which they attain the age of 55 years.

Effective from 22nd May 1970.

If they are eligible to continue in service till the close of the academic year under the 1st paragraph of this sub-rule they shall be granted additional leave from the date of closing for vacation till the last day of the month when the date of closing is earlier than the last day of the month.

The additional leave granted under this sub-rule will not be counted against the eligible leave and will count for pension. During the period of leave they will draw leave allowance at the same rate as the pay and allowances they would have drawn if they were on duty.

Exception-[Deleted]

Effective from 1st April 1990.

Explanation.-For the purpose of this sub-rule, teaching staff includes-

(1)     Assistant Educational Officers, including Deputy Inspectors of Malabar area.

(2)     District Educational Officers and officers belonging to the cadre, but working in other assignment.

(3)     The following officers of the State Institute of Education, namely :-

(a)      Junior Evaluation Officer,

(b)      Special Assistant in English,

(c)      Technical Assistant,

(d)      Text Books Research Officer,

(e)      Education Techniques Officer,

(f)       Junior Science Consultant,

(g)      Instructors in Science, and

(h)     Staff drafted from the teaching staff of Education Department, provided the continuance of this staff in service till the closing day of schools is absolutely essential in the interest of work and that they are entitled to this benefit in their parent Department.

Items (1) and (2) above shall be deemed to have come into force with effect from 9th August 1968 and item No (3) shall be deemed to have come into force with effect from 8th May 1969.

(4)     (a) Director of Collegiate Education.

Effective from 9th June 1971.

(b) Additional Director of Collegiate Education.

(c) Deputy Director of Collegiate Education.

Note 1.-Item (b) shall be deemed to have been added with effect from the 26th November 1980 and item (c) shall be deemed to have been added with effect from 21st August 1974.

(d) Assistant Director of Collegiate Education.

(e) Special Officer (University Grants Commission Schemes)

Note 2.-The items (d) and (e) shall be deemed to have come into force with effect from the 8th July 1981.

(5)     Special Officer for Direct Payment in the Department of Collegiate Education.

This amendment shall be deemed to have come into force with effect from 11th December 1972.

(6)     The following Officers appointed from the teaching department of the Medical College Service, namely :-

(a)      Director of Medical Education, and

(b)      Joint Director of Medical Education

This amendment shall be deemed to have come into force with effect from 29th August, 1984.

(7)     The following officers appointed from the Teaching Staff of the Technical Education Department-

(a)      Director of Technical Education.

(b)      Joint Director of Technical Education.

(c)      Professor (Direct payment).

(d)      Deputy Director of Technical Education.

(e)      Joint Controller of Technical Examinations.

(f)       Training Officers.

(g)      Technical Officer.

(h)     Stock Verification Officer.

(i)       Assistant Director of Technical Education.

(j)       Special Officers appointed for starting of Technical Educational Institutions.

(k)      Director, Kerala State Science and Technology Museum, Thiruvananthapuram.

(l)       Director, Institute of Human Resource of Development for Electronics.

(m)    Public Relations Officer, Directorate of Technical Education, Thiruvananthapuram.

Note-The benefit of Rule 60(c) part I Kerala Service Rules will be available to the above officers only if the incumbents holding the posts descent from the teaching faculty.

The items (a) to (j) above shall be deemed to have come into force on the 2 day of July 1990 and items (k) to (m) shall be deemed to have come into force on the 19th day of October 1990.

Nate 1.-All officers other than those in the Last Grade Service, who are past the age of 55 years on the 4th day of May 1967 or who attain the age of 55 years in a period of three months from that date will retire only on the date of expiry of three months from the said date.

Note 2.-The teaching staff referred to in the above rule who are past the age of 55 years on the 4th day of May 1967 or who attain the age of 55 years within a period of three months from that date will continue in service till the closing day of the academic year 1967-68 (Notes 1 and 2 shall be deemed to have come into force with effect from the 4th day of May 1967).

Note 3.-Even in cases where it is found absolutely necessary to retain the services of an officer who has attained the age of 55 years as far as possible only re-employment after retirement should be resorted to, which shall not ordinarily be sanctioned for more than one year at a time.

Note 4.-In the case of an officer whose year of birth is known but not the exact month and date the first July shall be taken as the date of birth; where the year and month are known but not the exact date, the 16th day of the month shall be taken as the date of birth.

Note 5.-Except when extension of service is specifically sanctioned the retirement of an officer is automatic and no separate sanction is required.

Note 6.-For the purpose of this rule as well as the rules in Appendix X, in the case of an officer who entered service prior to first January 1950 and whose date of birth has been noted in Malabar Era in the Service Records, the age may be calculated in the Malabar Era.

Note 7.-Completion of 55 years of age in service is in the afternoon and not in the forenoon. A person whose date of birth is first of July completes his 55th year on 30th June, and that date (30th June) is the last day of the month in which he completes the 55th year. On first of July he is on his 59th year and that day is a non-working day for him. He shall cease to be in service on and from 1st July.

Note 8-A teacher whose date of birth is first July and who attains the age of 55 years shall not continue in service till the end of the academic year. However, such of those who continue in service during the academic year 1974-75 under the practice hitherto in vogue shall be allowed to continue in service till the end of April 1975.

Note 9.-The benefit contemplated in sub-rule (b) above will not be available to those reverted to the Last Grade Service, other wise than for want of vacancy. (This will take effect from the date of orders).

The above amendments (Except Notes 1 to 6 and 9 above) shall be deemed to have come into force with effect from 9th April 1974.

Note 10.-In this rule the words "Last day of the month" used mean the last day of the month in Christian Era. In cases where the date of superannuation is calculated in the Malabar Era in accordance with Note 6, the corresponding date in the Christian Era shall be reckoned for arriving at the last day of the month.

This amendment shall be deemed to have come into force with effect on and from 5th April 1974.

Note 11.-In cases where the academic year in respect of the institutions under the Director of Public Instruction is extended beyond the 31st of March in any year, the teaching staff of such institutions who are allowed to continue in service beyond the date of superannuation under sub-rule (c) shall retire on the last day of March itself.

Note 12:-The benefit contemplated in sub-rule (b) above will be available to the following categories of employees also from the dates indicated against each.

TABLE

Ruling No. 1

The term "educational institution" mentioned in the above rule will include besides the institutions coming under the Education Department, Institutions such as Medical Colleges, Agricultural Colleges, Veterinary Colleges, Engineering Colleges, Law Colleges, Training Colleges, Polytechnics, Industrial Schools, Fisheries Schools and such other Educational Institutions which have regular authorised vacations.

Ruling No. 2

The teaching staff of educational institutions who are allowed to continue in service beyond the date of superannuation till the end of the academic year will not be eligible for any leave other than casual leave during the period of their service beyond the date of superannuation and if they apply for any leave other than casual leave during the period, they shall be retired from service from the date of such application for leave.

Rule - 60A.

[Deleted]

Effective from 3rd February, 1988

CHAPTER IX LEAVE

SECTION 1-EXTENT OF APPLICATION

Rule - 61.

Unless in any case it be otherwise distinctly provided, the rules in this Chapter apply to all officers to whom these service rules as a whole apply.

Rule - 62.

(1)     Unless in any case it be otherwise distinctly provided by or under these rules, an officer transferred to a service or post to which these rules apply, from a service or post to which they do not apply, is not ordinarily entitled to leave under these rules in respect of duty performed before such transfer:

Provided that in the case of an officer who holds a substantive, officiating or temporary post on the day previous to the one on which these rules come into force, the maximum limit of accumulation of earned leave specified in Rule 78 shall not apply during the period of the first five years from the date of his appointment to the service or from that of the commencement of these rules whichever is later and such an officer may be allowed during the said period of five years to avail himself of the accumulated leave to his credit:

Provided further that on the expiry of the said period of five years the leave at the credit of the officer in excess of the normal maximum limit of accumulation of leave laid down in Rule 78 shall lapse:

Provided also that he shall not earn leave during that period unless the accumulated leave at his credit falls below 180 days.

(2)     Subject to the provisions contained in Rule 77(vi), the half pay leave to be carried forward will be the balance of furlough leave or leave on half average pay for which an officer is eligible on the date on which these rules come into force diminished by the leave on medical certificate taken before such date, under the old rules governing him.

Rule - 63.

(a)      If an officer, who quits the public service on compensation or invalid pension or gratuity, is re-employed and if his gratuity is thereupon refunded or his pension held wholly in abeyance, his past service thereby becoming pensionable on ultimate retirement, he may, at the discretion of the Government and to such extent as the Government may decide, count his former service towards leave.

(b)      An officer who is dismissed or removed from the public service, but is reinstated on appeal or revision, is entitled to count his former service for leave.

Note 1.-The re-employment of a person who has retired on a superannuation or retiring pension is generally an exceptional and temporary expedient. In such cases, the service of the re-employed pensioner should be regarded as temporary and his leave during the period of re-employment regulated by the rules in Appendix VIII.

Note 2.-Resignation of public service even though it is followed immediately by reemployment entails forfeiture of past service and constitutes an interruption of duty. But resignation to take up another appointment does not constitute an interruption.

SECTION II-GENERAL CONDITIONS

Rule - 64.

The Government may issue orders specifying the authority by whom leave other than study leave and leave without allowances exceeding a period of four months at a time, may be granted.

Effective from 6th March 1968.

The power to sanction leave without allowances exceeding a period of four months at a time will rest with Government.

This amendment shall be deemed to have come into force with effect from 14th November 1966.

Rule - 65.

Leave cannot be claimed as a matter of right. When the exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.

Note.-The nature of the leave due and applied for by an officer cannot be altered at the option of the sanctioning authority and while it is open to the sanctioning authority to refuse or revoke the leave due and applied for, it is not open to him to alter the nature of such leave.

Rule - 66.

Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that on which charge is resumed. When the day immediately preceding the day on which an officer's leave begins or immediately following the day on which his leave expires is a holiday or one of a series of holidays, the officer may leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays;

provided that-

(a)      his transfer or assumption of charge does not involve the handing or taking over of securities or of money other than a permanent advance;

(b)      his early departure does not entail a correspondingly early transfer from another station of an officer to perform his duties; and

(c)      the delay in his return does not involve a corresponding delay in the transfer to another station of the officer who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

Ruling

A restricted holiday enjoyed with the permission of the competent authority shall be treated as holiday for the purpose of this rule.

Rule - 67.

On condition that the departing officer remains responsible for the money in his charge, a competent authority may declare that proviso (a) under Rule 6 is not applicable to any particular case.

Rule - 68.

Unless the competent authority in any case otherwise directs-

(a)      if holidays are prefixed to leave, the leave and any consequent re-arrangement of pay and allowances takes effect form the first day after holidays; and

(b)      if holidays are affixed to leave, the leave is treated as having terminated on, and any consequent re-arrangement of pay and allowances takes effect from, the day on which the leave would have ended, if holidays had not been affixed.

The following procedure is prescribed when vacation or gazetted holidays are permitted to be prefixed or affixed to leave :-

Note 1.- (i) When they are prefixed to leave, the officer proceeding on leave will report before leaving the station, or if for urgent reasons the leave is granted during vacation or gazetted holidays, as soon as it is granted that he will cease to discharge the duties of his post with effect from the end of vacation or holidays. The relieving officer will then assume the duties of the post at the end of the vacation or holidays in the ordinary course.

(ii) When a vacation or holidays are affixed to leave, the officiating officer will be relieved in the ordinary way before the vacation, or holidays, and the officer on leave will return at the end of the vacation or holidays, but will be regarded as having assumed the duties of the post with effect from the commencement of the vacation or holidays.

(iii) Except in cases covered by (i) and (ii) above, transfer of charge certificates should be signed by both the relieved and relieving officers on the day on which charge is transferred.

Note 2.- (i) When a Government Servant is certified medically unfit to attend office, holiday(s) if any immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any immediately succeeding the day he is so certified (including that day) shall be treated as part of the leave; and

(ii) When a Government Servant is certified medically fit for joining duty, holiday(s) if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s) if any, preceding the day he is so certified shall be treated as part of the leave.

(iii) Except in cases covered by (i) and (ii) above, transfer of charge certificates should be signed by both the relieved and relieving officers on the day on which charge is transferred.

The note shall be deemed to have come into force with effect from 26th August 1982.

Ruling No. 1

A restricted holiday enjoyed with the permission of the competent authority shall be treated as holiday for the purpose of this rule.

Ruling No. 2

There is no objection to an officer in a vacation Department being permitted to suffix holiday (s) to leave and also to enjoy the vacation in continuation of the holiday so suffixed to leave.

Rule - 69.

An officer on leave may not take any service or accept any employment without obtaining the previous sanction of the authority empowered to fill up the post held by him.

Note: This rule does not apply to casual literary work, or to service as an examiner or similar employment; nor does it apply to acceptance of foreign service, which is governed by the rules under Chapter XI.

Rule - 70.

All orders recalling an officer to duty before the expiry of his leave should state whether the return to duty is optional or compulsory. If the return is optional, the officer is entitled to no concession. But if it is compulsory he is entitled to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw Travelling Allowance under rules made in this behalf for the journey, but to draw until he joins his post, leave salary only.

Rule - 71.

No officer who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness in the following form from a Medical Officer not below the rank of an Assistant Surgeon or the Director of Indigenous Medicine.

Signature of applicant

We, the members of a Medical Committee

I, Civil Surgeon/Assistant Surgeon of

Registered Medical Practitioner of

Director of Indigenous Medicine

do hereby certify that I/we have carefully examined ABC of the .......... Department, whose signature is given above and find that he has recovered from his illness and is now fit to resume duties in Government Service. I/we also certify that before arriving at this decision I/we have examined the original medical certificate(s) and statement(s) of the case (or certified copies thereof) on which leave was granted or extended, and have taken these into consideration in arriving at my/our decision.

Place:............

Date:.............

The original medical certificate(s) and statement(s) of the case on which the leave was originally granted or extended shall be produced before the authority asked to issue the above certificate(s).

Note.-If the officer on leave is not a Gazetted Officer the authority under which the officer will be employed on return from leave may, in its discretion accept a certificate signed by any registered medical practitioner. For this purpose original certificate(s) of the case should be prepared in duplicate, one copy being retained by the officer concerned.

Rule - 72.

(1)     An officer on leave may not return to duty before the expiry of the period of leave granted to him, unless he is permitted to do so by the authority which granted him leave.

(2)     Notwithstanding anything contained in sub-rule (1) an officer on leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty, save with the consent of the authority empowered to appoint him.

Note 1-No formal cancellation of the unexpired portion of leave is necessary when an officer returns to duty before the expiry of his leave. The cancellation will be effected by the Audit Officer in the case of Gazetted Officers and by the Head of office in the case of non-gazetted officers.

Note 2.- (a) and (b) [Deleted]

Ruling

When the officer proceeds on leave from the post in which he is re-employed and avails of the refused leave during the period of re-employment or after, the leave salary would be same as would have been admissible in the normal course but for reemployment reduced by the amount of pension and/or pension equivalent of gratuity and other retirement benefits.

Government Decision

Initial pay on re-employment should be fixed at the minimum stage of the time-scale of pay prescribed for the post in which an individual is employed.

In cases where it is felt that the fixation of initial pay of the re-employed officer at the minimum of the time-scale will cause undue hardship, the pay may be fixed at a higher stage by allowing one increment for each year of service which the officer has rendered before retirement in a post not lower than that in which he is re-employed subject however to the proviso to Rule 119, Part III of these rules.

Effective from 20th June 1964.

Note 2.-(c) The leave salary of an officer who is permitted during leave preparatory to retirement before attaining the age of superannuation, or during leave under Rule 75 to take up employment under any other Government under a private employer or employment payable from a local fund, will also be restricted during such employment as in (b) above.

Rule - 73.

Any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave except leave under Appendices XII A, XII B and XII C. However, leave under Appendices XII A and XII C may be granted in combination with or in continuation of the leave under Appendices XII A and XII C.

This amendment shall be deemed to have come into force with effect from 12th April 1984.

Ruling

The eligibility for leave is determined with reference to the eligibility on the date on which an officer proceeds on leave.

Rule - 74.

Vacation may be taken in combination with or in continuation of any kind of leave, provided the total duration of vacation and earned leave taken together, whether the earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the amount of earned leave due and admissible to the officer at a time under Rules 78 and 79. The combination of earned leave and commuted leave will be limited to 240 days. There will be no limit on the half-pay leave that can be availed of at a time on medical certificate or private affairs. This will apply even when such leave is taken preparatory to retirement.

Government Decision No. 1

It is permissible to allow a vacation to intervene between two periods of leave. Similarly vacation may be prefixed or suffixed to leave or both prefixed and suffixed. The only restriction is that the total duration of vacations and earned leave together should not exceed the amount of earned leave due and admissible to the officer under Rules 78 and 79, Part I, Kerala Service Rules and that the duration of the total period of vacation, earned leave and commuted leave taken together shall not exceed 240 days.

Government Decision No. 2

Special casual leave may be combined with vacation, but in such cases combination of special casual leave with ordinary casual leave will not be permitted.

Rule - 75.

No leave shall be granted beyond the date on which an officer must compulsorily retire:

The provisos, the explanations and the Notes 1 to 7 omitted with effect from 13th October 1981.

Rule - 76.

Any leave granted under these rules may be retrospectively commuted into any other kind of leave admissible to the officer at the time the original leave was granted:

Provided that earned leave shall not be commuted into leave of a different kind, *except as provided in the Note below Rule 1, Appendix XII C.

*This amendment shall be deemed to have come into force with effect from 12th April 1984.

SECTION III-GRANT OF LEAVE

Rule - 77.

In these rules :-

(i)       'Ordinary leave' includes earned leave, half-pay leave, commuted leave, leave not due and leave without allowances.

(ii)      'Special leave' includes disability leave, study leave, maternity leave and hospital leave.

(iii)     'Earned leave' means leave earned in respect of periods spent on duty.

(iv)    'Half-pay leave' means leave earned in respect of completed years of service.

(v)      'Earned leave due' means the amount of privilege leave/earned leave to the credit of an officer under the rules previously in force on the day immediately preceding the date on which these rules came into force plus the earned leave calculated as prescribed in these rules diminished by the amount of earned leave taken after the date on which these rules came into force.

(vi)    'Half-pay leave due' means the amount of half-pay leave calculated as prescribed in Rule 83 for the entire service diminished by the amount of leave on private affairs and leave on medical certificate taken before these rules came into force and half-pay leave taken on or after the date:

Provided that in the case of officers who are given credit for the half-pay leave admissible to them as on the date of coming into force of these rules in accordance with the provision contained in Rule 62(2), the half-pay leave according to these rules will be calculated only on the service rendered from the date on which these rules come into force:

Provided also that where such leave on private affairs and leave on medical certificate already availed of is in excess of the period of half-pay leave due, reckoned under this rule as on the date on which these rules come into force, such excess shall be wiped off,

(vii)   'Commuted leave' means leave taken under Rule 84.

(viii)  'Officer in permanent employ' means an officer who holds substantively a permanent post or who holds a lien on a permanent post or who would hold a lien on a permanent post had the lien not been suspended.

(ix)    'Completed years of service' and 'one year's continuous service' mean continuous service of the specified duration under the Government of Kerala and include periods spent on duty as well as on leave including leave without allowances.

Ruling

The period of leave without allowances availed of under Appendix XIIA for taking up employment will be excluded in reckoning completed years of service for purposes of calculating half-pay leave to be earned under Rule 83 Part I Kerala Service Rules.

Government Decision No. 1

Under Article 195, Travancore Service Regulations and Article 130(4) of the old leave Rules in the Cochin Service Regulations, privilege leave on half salary can be granted in case of urgent necessity to an officer serving in a vacation department who enjoys the benefit of vacation. As the privilege leave is not earned but only granted in cases of urgent necessity, neither credit towards leave on this account need be made in the leave account of the officer as on 1st November 1959 under Kerala Service Rules for such leave already availed of prior to 1st November 1959 reduced from the half-pay leave admissible under Rule 77(vi), Kerala Service Rules.

Furlough on average salary taken prior to 1st November 1959 is to be reduced from the half-pay leave by twice the amount of such leave for purposes of Rule 77(vi) Kerala Service Rules.

Government Decision No. 2

According to G.O. (MS) 101, dated 22nd January 1958 of the Madras Government, the benefit of Rule 27 of the Madras Leave Rules, 1933 to certain approved probationers stand extended upto 31st December 1962. In the case of those officers allotted from Madras, governed by Madras Leave Rules and who were eligible for the above concession and who have opted to be governed by the Kerala Service Rules from 1st November 1959, the accrued leave reckoned on the basis of the concession but not availed of by them on 1st November 1959 will be treated as leave standing to their credit for purposes of Rule 77(v) Kerala Service Rules.

Rule - 78.

The earned leave admissible to an officer in permanent employ is one-eleventh of the period spent on duty, provided that he will cease to earn such leave when the earned leave due amounts *240 days.

*This amendment shall be deemed to have come into force with effect from 1st July 1986.

Rule - 79.

Subject to the Provisions of Rules 65 and 75 the maximum earned leave that may be granted at a time to an officer shall be *180 days.

* This amendment shall be deemed to have come into force with effect from 18th May 1991.

Exception.-In the case of an officer applying for leave preparatory to retirement, the maximum earned leave that may be granted at a time shall be *240 days.

*This amendment shall be deemed to have come into force with effect from 1st July 1986.

Rule - 80.

Earned leave is not admissible to an officer in permanent employ serving in a vacation department in respect of duty performed in any year in which he avails himself of the full vacation.

Ruling

Officers undergoing training in institutions which have regular vacations and who enjoy vacations of those institutions, will be treated as officers serving in a vacation department for the purpose of Rule 80 Part I, Kerala Service Rules.

Rule - 81.

The earned leave admissible to an officer in permanent employ serving in a vacation department, in respect of any year in which he is prevented from availing himself of the full vacation, is such proportion of 30 days as the number of days of vacation not taken bears to the full vacation.

If in any year the officer does not avail himself of the vacation, earned leave will be admissible to him in respect of that year in accordance with the provisions of Rules 78 and 79 above.

Note 1.-A vacation department is a department or part of a department to which regular vacations are allowed during which the officers serving in the department are permitted to be absent from duty.

Note 2.-The Principal, the Superintendent, the entire office staff, sergeant (if any) and the gardeners of the following institutions will be treated as non-vacation officers with effect from the dates specified against each:

The Teaching staff in the Hindi Teachers' Training Institutes at Trivandrum and Trichur will be treated as non-vacation officers with effect from 4th June 1970.

The headmasters of schools and non-teaching staff of the schools under the Director of Public Instruction will be treated as non-vacation officers with effect from the date noted against each:-

Exception.-The Superintendents of the Junior Technical Schools attached to the Polytechnics at Kannur, Calicut and Trichur will be treated as vacation officers.

This amendment shall be deemed to have come into force with effect from 1st April 1967.

The Senior Agricultural Officer/Veterinary Surgeon and Attenders in High Schools where Vocational Higher Secondary Courses were introduced, will be treated as non-vacation officers with effect from 13th August 1984.

The Assistant Director of Fisheries and Attenders in the High Schools where Fisheries have been introduced as vocational subject, will be treated as non-vacation officers with effect from 28th May 1986.

Note 3.-The term "Year" should be interpreted to mean, not a calendar year in which duty is performed, but twelve months of actual duty in a vacation department.

Note 4.-When an officer is transferred from a vacation department to a non-vacation department, his period of service in the former will, for the purpose of calculation of leave, be considered to have terminated with effect from the close of the last vacation enjoyed by him.* [But if the transfer is effected during the course of vacation, he will be deemed to have been transferred to the non-vacation department on the close of the vacation which he has partly enjoyed and he will be credited with proportionate amount of earned leave under this rule for the period of vacation which he was prevented from enjoying on account of such transfer]. When an officer is transferred from a non-vacation to a vacation department, his period of service in the latter will be held to have commenced from the date of expiry of the last vacation previous to such transfer.

*This amendment shall be deemed to have come into force with effect from 6th August 1982.

Government Decision

The above Note shall apply to appointments of Government Officers in a vacation Department through the Public Service Commission while working in non-vacation Department in the course of the academic year and vice versa.

Note 5.-The Library staff of Arts and Science, Training and Law Colleges shall be treated as non-vacation staff.

This amendment shall be deemed to have come into force with effect from 7th November 1974.

Note 6.-The Heads of Nursery Schools shall be treated as non-vacation staff.

This amendment shall be deemed to have come into force with effect from 11th February 1976.

Note 7.-In the case of an officer of non-vacation department sent on deputation for training to an institution having regular vacation, his eligibility for earned leave shall be decided as follows:-

(i)       if the officer is not permitted to enjoy the vacation and is retained by the institution for duty, and if the head of the institution so certifies, the officer shall be considered as on duty during that period and earned leave for that period shall be admissible to him in accordance with the provisions of Rules 78 and 79.

(ii)      if the officer enjoys only part of the vacation, deduction of earned leave will be in such proportion of 30 days as the number of days of vacation enjoyed bears to the full vacation.

Effective from 1st July 1975.

Ruling No. 1

An officer serving in a vacation department when put in full additional charge of the duties of a post in a non-vacation department shall be considered to have been denied the benefit of vacation if that charge arrangement falls within a vacation period.

Ruling No. 2

Teachers deputed for training under the Summer School Training Programme during vacation shall be considered to have been prevented from availing themselves of the vacation provided such period of training has been treated as duty under Rule 12(7).

Ruling No. 3

Teaching staff who are N.C.C. Officers in Colleges, Polytechnics and Schools, when detailed to undergo training or refresher course or for duty in connection with the conduct of N.C.C. training or refresher course, during periods of vacation, will be treated as on duty and allowed the benefit of earned leave under the above rule.

The ruling shall be deemed to have come into force from 15th February 1972.

Ruling No. 4

Teaching Staff attending the work of Valuation and Tabulation of S.S.L.C. and Higher Secondary Public Examination during vacation shall be considered to have been prevented from availing themselves of the vacation and such period will be treated as duty and allowed the benefit of earned leave under the rule.

Rule - 82.

Half-pay leave-Half-pay leave as provided in Rule 83 may be availed of on private affairs or on medical certificate.

Rule - 83.

The half-pay leave admissible to an officer in permanent employ in respect of each completed year of service is 20 days.

Rule - 84.

Commuted Leave-Commuted leave not exceeding half the amount of half-pay leave due may be granted to an officer in permanent employ. When Commuted Leave is granted twice the amount of such leave shall be debited against the half-pay leave due.

Ruling No. 1

[Deleted]

Ruling No. 2

[Deleted]

Rule - 85.

Leave not due-Save in the case of leave preparatory to retirement leave not due may be granted to an officer in permanent employ for a period not exceeding 360 days during his entire service out of which not more than 90 days at a time and 180 days in all may be otherwise than on medical certificate. This will be debited against half-pay leave which the officer earns subsequently. Leave not due should be granted *[only when no other leave with allowance is available at credit of the officer and if the authority empowered to sanction leave] is satisfied that there is a reasonable prospect of the officer returning to duty on the expiry of the leave and earning an equal amount of half pay leave thereafter.

Note 1.-Where a Government servant who has been granted leave not due under this rule, applies for permission to retire voluntarily, the leave not due shall, if the permission is granted, be cancelled.

Note 2.-Except as provided in Note 1, leave not due when granted should in all cases (subject to the officer's wishes) be allowed to stand, including cases in which the officer fails to earn it by subsequent duty.

Government Decision

A question has been raised whether in cases where the officers whose credit in half-pay leave account results in a minus balance on 1st November 1959 can be granted a further period of 360 days leave not due under Rule 85, Part I, Kerala Service Rules. This has been examined by Government and they consider that in view of the second proviso to the amendment to clause (vi) of Rule 77, Part I, issued in G.O.(P) 261/Fin., dated 23rd May 1960, the half-pay leave availed of prior to 1st November 1959 in excess of the half-pay leave reckoned under Kerala Service Rules has been wiped off. Therefore such officers should be treated as leaving a nil balance of half-pay leave on 1st November 1959 and they should get the same consideration in regard to the grant of leave not due as in the case of those who had not enjoyed half-pay leave in excess of what is admissible under Kerala Service Rules. The Government accordingly direct that officers whose credit on half-pay leave account results in a 'nil' balance on 1st November 1959 consequent on the wiping off of the excess half-pay leave already available shall be eligible for a further period of 360 days, leave not due under Rule 85, Part I, Kerala Service Rules, provided they otherwise satisfy the requirements of the rules.

Rule - 86.

The provisions of Rules 78, 80, 81, and 83, apply also to an officer not in permanent employ except that in respect of the first year of service the earned leave admissible is 1/22 of the period spent on duty:

Provided that no earned leave shall be admissible to such an officer in a vacation department in respect of the first year of his service.

Note 1.-The leave of an officer appointed as a probationer (for a certain period before confirmation of his appointment) will be regulated under the rules prescribed for permanent officers. If for any reason it is proposed to terminate the services of a probationer any leave which may be granted to him shall not extend beyond the date on which the probationary period as already sanctioned or extended expires, or any earlier date on which his services are terminated by the orders of he authority competent to appoint him.

Note 2.-Whenever the rate of earning leave changes, the fraction in the earned leave accumulated at the earlier rate should be rounded off to the nearest day i.e., fraction below half should be ignored and that of half and more should be reckoned as a day. *Similarly, the fraction, if any, in the leave earned in accordance with the provisions of the first paragraph of Rule 81 by an officer serving in a vacation department should also be rounded off to the nearest day.

Ruling

When a full-time teacher is appointed to a part-time post, the leave earned by him prior to becoming part-time cannot be granted to him while holding the part-time post. Such leave may, however, be granted when he is reappointed to a full-time post.

Rule - 86A.

Notwithstanding anything contained in Rules 84, 88(ii) and 90, an officer not in permanent employ who has completed three years of continuous service shall be eligible for (i) commuted leave and (ii) leave without allowances as would be admissible to him if he had held his post substantively.

Rule - 87.

An officer not in permanent employ appointed without interruption of duty substantively to a permanent post will be credited with the earned leave which would have been admissible if his previous duty had been duty as an officer in permanent employ diminished by any earned leave already taken. Leave is not an interruption of duty for the purpose of this rule.

Rule - 88.

Leave without allowances.-

(i)       Leave without allowances may be granted to any officer in special circumstances-

(a)      when no other leave is by rule admissible, or

(b)      when other leave is admissible, but the officer concerned applies in writing for the grant of leave without allowances.

(ii)      Except in the case of an officer in permanent employ, the duration of leave without allowances shall not exceed 3 months on any one occasion.

Exception 1-When a period of suspension is retrospectively treated as leave without allowances by the revising or appellate authority the limitation of admissible leave without allowances to three months to officers not in permanent employ will not apply.

Exception 2-The limitation in sub-rule (ii) shall not apply to the grant of leave without allowances regulated by the rules in *Appendices XIIA, XIIB and XIIC.

Section IV-Commutation Of Leave With Retrospective Effect

Rule - 89.

(i)       The authority which granted leave to an officer can commute it retrospectively into leave of a different kind which may be admissible but the officer concerned cannot claim it as a matter of right:

*Provided that earned leave shall not be commuted into leave of a different kind +except as provided in the Note below Rule 1, Appendix XIIC.

*Effective from 22nd November 1971.

+This shall be deemed to have come into force with effect from 12th April 1984.

(ii)      Commutation of one kind of leave into another automatically carries with it the drawal of arrears of leave salary or recovery of amounts overdrawn.

(iii)     Commutation of leave without allowances taken during temporary service when no other leave was due, into earned leave on confirmation without interruption of service, by giving retrospective effect to the benefit of Rule 87 would be irregular and not in accordance with the intention of Government. The real intention of Rule 87 is to provide only for a retrospective recalculation of leave at credit on the date of confirmation with a reduction on account of the earned leave already taken. Except for the carry-forward of the recalculated credit on confirmation, leave earned and taken should be a closed chapter at that point and no readjustment of any leave taken is automatically permissible as a consequence of such recalculation. The closed chapter may however properly be reopened, for instance, to correct a miscalculation of leave earned or taken or to readjust leave earned and taken when confirmation is ordered with retrospective effect or at the discretion of the sanctioning authority to convert leave of any one kind already taken into leave due of any other kind admissible at the time leave was originally taken.

Government Decision

When confirmation is given retrospectively with effect from a date earlier than the date on which leave was already sanctioned, such leave can be commuted and readjusted as provided in Rule 89(iii). Such cases do not come within the purview of the ruling under Rule 11. What has changed is only the status of the officer and not the rule in force at the time the leave was sanctioned. The position will be clear from the following illustration:-

Illustration

Entry in service of an officer-1st November 1960.

Date of his confirmation-1st November 1961 (orders issued on 1st November 1962).

Leave without allowances taken at any time during the period from 1st November 1960 to 31st October 1961 cannot be retrospectively commuted into any other kind of leave. But leave earned and taken after 1st November 1961 can be retrospectively commuted.

Rule - 90.

In addition to any leave which may be admissible to him, an officer in temporary employ, who contracts tuberculosis and undergoes treatment in a recognised sanatorium or under a qualified T.B. Specialist or a Civil Surgeon or who is suffering from leprosy and undergoes treatment in a recognised Leprosy institution or under a Civil Surgeon or a Specialist in Leprosy, recognised as such *or who is suffering from cancer and undergoes treatment in a recognised Cancer Institute or under a Civil Surgeon or a Specialist in cancer or who is suffering from mental disease and undergoes treatment in a recognised Mental Hospital or under a Civil Surgeon or a Specialist in mental disease may be granted leave without pay upto a maximum period of 18 months [including 3 months leave without allowances authorised under Rule 88(ii) above] on any one occasion subject to the following conditions:-

(i)       the officer is likely to continue in service till his return to duty;

(ii)      the leave without allowances shall be granted subject to the production of a certificate from the Medical Officer-in-charge of the Sanatorium or qualified T.B. Specialist or a Civil Surgeon * or a Specialist in Leprosy, Cancer or Mental disease as the case may be specifying the period for which leave is recommended; and

(iii)     the medical officer in recommending leave shall bear in mind the provisions of Rule 115.

Rule - 90A.

(a)      A Government officer, whether gazetted or non gazetted, drawing a basic pay not exceeding +Rs. 2500 per mensem who is granted leave without allowances for the treatment of T.B., *Leprosy, Cancer or Mental disease may be granted an ex-gratia allowance equal to 35 per cent of the basic pay he was drawing immediately before the commencement of the leave, subject to a maximum of +Rs. 875 and minimum of +Rs. 580 per mensem. **In respect of cases relating to treatment of cancer and mental diseases, the Rule shall be deemed to have come into force with effect from 11th July 1978 and in respect of other cases, with effect form 1st July 1978.

**This amendment shall be deemed to have come into force with effect from 1st July 1978.

+This shall be deemed to have come into force with effect from 1st March 1992.

(b)      The allowance will be admissible only when the officer is not eligible for any other leave with allowances.

(c)      The allowance will be granted irrespective of whether the patient undergoes treatment as an inpatient or as an outpatient under the direction of a Civil Surgeon.

(d)      The payment of the allowance will be made only on the production of a certificate issued by the Medical Officer-in-charge of the Sanatorium/Hospital or by one not below the rank of a Civil Surgeon to the effect that the patient has been under his treatment for T.B., *Leprosy, Cancer or Mental disease during the period for which the allowance is claimed.

(e)      The allowance in the case of an officer in temporary employ will be limited to a maximum period of 18 months and that in the case of a permanent employ to a maximum period of 36 months in all during his entire service.

Note 1.-The concession of leave without allowance upto eighteen months will be admissible also to an officer who for want of accommodation in any recognised Sanatorium *or Cancer Institute or Mental Hospital at or near the place of his duty receives treatment at his residence under a recognised *Tuberculosis Specialist, Leprosy Specialist, Cancer Specialist or Mental Disease Specialist and produces a certificate signed by that specialist to the effect that he is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended.

Note 2.-The leave without allowances under this rule will be admissible only to those officers who have been in continuous Government service for a period exceeding one year.

Note 3.-The lists of recognised *Tuberculosis Institutions, Leprosy Institutions, Cancer Institutions and Mental Hospitals are given in Appendix V.

Government Decision

Recoveries on advances such as 'Onam Advance', 'Advance Pay on transfer', etc., need not be made from the ex-gratia allowance admissible under this rule. Such recoveries may be postponed till such time as the subordinate is fit to rejoin duty or effected from any other amounts payable to the subordinate, otherwise.

Ruling

The payment of ex-gratia allowance in the case of leave without allowances for treatment of T.B./Leprosy taken in continuation of other kinds of leave may be regulated on the basis of the pay drawn by the officer immediately before the commencement of the combined spell of leave.

Rule - 91.

Officers with a continuous officiating or temporary service of two years or more, will be granted in addition to any leave which they are eligible for, leave under this rule for obtaining superior qualifications (e.g., B.A. and B.L.), provided, however, that the two years minimum service will not be insisted on in the case of temporary or officiating officers belonging to the Scheduled Castes and Scheduled Tribes. Such leave will not, however be given for broken periods but will cover the entire period of the course concerned. In cases of failure, extension of leave will be granted to cover the further period required for the completion of the course of study.

Note 1.-[Deleted]

Note 2.-The term 'superior qualifications' occurring in the above rule denotes only such of the qualifications as on acquisition are intended to enhance the usefulness of the Government servant concerned as a member of the service or will improve his prospects in the service of which he is a member.

Ruling No. 1

The time limit imposed by Rule 88(ii) above will not apply to leave for securing higher qualifications granted under this rule.

Ruling No. 2

The term "course" occurring in the above rule denotes a course of study/training covering a specified academic period culminating in a public examination, the success in which will qualify the candidate for a degree/diploma/certificate or for admission to another course and includes the training at the Pre-examination Training Centres for I.A.S. and other All India Service Examinations.

Government Decision

Leave under this rule can be sanctioned by the authority competent to sanction eligible leave and leave without allowances. Study leave under Rule 99, Part I, can be sanctioned only by Government.

Rule - 91 A.

Officers with a continuous officiating or temporary service of 5 years or more may be granted in addition to any leave to which they are eligible for, leave for undergoing Post-graduate Courses in the sphere of their duties which are primarily of benefit to the State, such as Post-graduate Courses for teachers, Engineers and Doctors. The leave shall be granted only with due regard to the usefulness of the higher studies to the public service.

SECTION V-LEAVE SALARY

Rule - 92.

An officer on earned leave is entitled to leave salary equal to,-

(i)       full (duty) pay i.e., pay admissible had he been on duty during the period of leave;

(ii)      dearness allowance applicable to the above duty pay; and

(iii)     such other compensatory allowances as are admissible under the rules during the period of leave:

*Provided that where an officer is promoted during the period he is on earned leave the monetary benefit of promotion shall be given only from the date on which he assumes charge of the post, if there is change of duties.

Effective from 1st April 1973.

Note.-See Explanation and Notes below Rule 93.

This amendment shall be deemed to have come into force with effect from 1st April 1973.

Rule - 93.

An officer on half pay leave or leave not due is entitled to leave salary equal to,-

(i)       half of duty pay, i.e., half of the pay admissible had he been on duty during the period of leave;

(ii)      dearness allowance applicable to the amount admissible under clause (i) above:

Provided that where an officer is promoted during the period he is on half pay leave the monetary benefit of promotion shall be given only from the date on which the officer assumes charge of the post, if there is change of duties.

Effective from 1st April 1973.

Exception.-A non-gazetted officer whose pay before proceeding on leave, does not exceed *Rs. 2000 in the revised scale of pay ordered in G.O. (P) 600/93/Fin., dated 25th September 1993 shall be entitled to dearness allowance which would have been admissible had he been on duty, which together with the leave salary so admissible, is subject to a minimum of sixty-five percent of the pay and dearness allowance while on duty. The excess over the actual leave salary in such [Circular No. 46858/Rules-1/62/Fin., dt. 30-10-1962] cases shall be termed as special leave allowance.

*This shall be deemed to have come into force with effect from 1st March 1992.

and

(iii)     "House Rent Allowance", for the first four months of leave.

Explanation.-For the purpose of Rule 92 and this rule, period of duty shall be deemed to be the period of duty in a post during which the officer would have drawn the pay in the time-scale of that post but for his proceeding on leave.

In the case of officiating appointments, a certificate of continuance in the same post but for leave should be furnished to the Audit Officer along with the sanction noted in the Service Book and the bill claiming the leave salary.

Note 1.-Special pay granted in lieu of higher time-scale of pay for additional and/or higher responsibilities attached to a post may be drawn during periods of leave if the officer would have continued in that post after the expiry of leave. The officer who records certificate to the above effect in the leave salary bill may do so only after proper verification. The special pay sanctioned for specially arduous nature of work or for work in addition to normal duties attached to his post or charge allowance will not be admissible during periods of leave unless the officer discharges the work for which the special pay is sanctioned.

Note 2.-In the case of non-gazetted officers who elect to remain in the pre-revised scale, the monetary limit for the purpose of the Exception to Rule 93 shall continue to be Rs. 290 which was fixed with effect form 1st July 1968, and the amount of leave salary together with the dearness allowance is not subject to any minimum till such date as on which they come over to the revised scale of pay ordered in G.O. (P) 91/74/Fin., dated 5th April 1974.

Note 3.-The 'Special Allowance' sanctioned to the Police Personnel and corresponding categories in the Fire Force, Prison, Forest, Excise and Vigilance Departments shall be payable during periods of all kinds of leave with allowances. But the drawal of the allowance during periods of leave shall be restricted to the first four months of leave.

This amendment shall be deemed to have come into force with effect from 28th January 1980.

Rule - 94.

An officer on commuted leave is entitled to leave salary equal to twice the amount of the pay admissible under Rule 93(i) and dearness allowance applicable to the pay so admissible.

This amendment shall be deemed to have come into force with effect from 1st April 1973.

Rule - 95.

An officer on leave without allowances is not entitled to any leave salary.

SECTION VI-OVERSTAYAL

Rule - 96.

In the case of an officer governed by these leave rules who remains absent after the end of his leave, the period of such overstayal of leave is, unless the leave is extended by the competent authority treated as follows:-

(i)       as half pay leave to the extent such leave is due, whether the overstayal is supported by a medical certificate or not;

*(ii) leave without allowances to the extent of the period of half pay leave due falls short of the period of overstayal.

The officer is not entitled to leave salary during such overstayal of leave not covered by an extension of leave by competent authority.

Note:-Wilful absence from duty after the expiry of leave will be treated as misbehaviour for the purpose of Rule 21, Part I.

Rule - 96A.

Where a Government servant not in permanent employ fails to resume duty on the expiry of the maximum period of leave without allowances granted to him or where such a Government servant who is granted a lesser amount of leave without allowances than the maximum amount admissible remains absent from duty for any period which together with the leave without allowances granted exceeds the limit upto which he could have been granted such leave under these rules, he shall, unless the Government, in view of the exceptional circumstances of the case otherwise determines, be removed from service after following the procedure laid down in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

SECTION VII-SPECIAL DISABILITY LEAVE

Rule - 97.

(1)     Subject to the conditions hereinafter specified, special disability leave may be granted to an officer who is disabled by injury intentionally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position.

Effective from 6th March 1968.

(2)     Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed, and the person disabled acted with due promptitude in bringing it to notice. But the Government, if they are satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself is more than three months after the occurrence of its cause.

(3)     The period of leave granted shall be such as is certified by the medical attendant of the officer to be necessary. It shall not be extended except on the certificate of the medical attendant of the officer and shall in no case exceed 24 months.

(4)     Such leave may be combined with leave of any other kind.

(5)     Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(6)     Such leave shall be counted as duty in calculating service for pension and shall not be debited against the leave account.

(7)     Leave salary during such leave shall be granted--

(a)      for the first four months of any period of such leave including a period of such leave granted under clause (5) of this rule as under Rule 92, and

(b)      for the remaining period of any such leave, as under Rule 93.

(8)     In the case of a person to whom the Workmen's Compensation Act, 1923, applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under section 4(1)(d) of the said Act.

Rule - 98.

The application of the provisions of Rule 97 may be extended to an dt. 1-10-1964] officer who is disabled by injury accidentally incurred in *or in consequence of the due performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he holds.

Effective from 6th March 1968.

The grant of this concession is subject to the further conditions :-

(1)     that the disability, if due to disease must be certified by the medical attendant of the officer to be directly due to the performance of the particular duty;

(2)     that, if the officer has contracted such disability during service, it must be, in the opinion of the Government, so exceptional in character, or in the circumstances of its occurrence as to justify such unusual treatment as the grant of this form of a leave; and

(3)     that the period of absence recommended by the medical attendant of the officer may be covered in part by leave under this rule and in part by other leave, and that the amount of special disability leave granted on full pay i.e., pay admissible had he been on duty during the period of leave may be less than four months.

Note.-Disability leave is admissible to temporary officers also.

This amendment shall be deemed to have come into force with effect from 1st April 1973.

SECTION VIII-STUDY LEAVE

Rule - 99.

Leave may be granted to officers on such terms as the Government may by general order prescribe to enable them to study scientific, technical or similar problems or to undergo special courses of instruction. The detailed rules framed under this rule are given in Appendix VI.

Note.-For rule regarding the grant of leave without allowance for study purposes in the case of officers not in permanent employ, see Rule 91.

SECTION IX-MATERNITY LEAVE

Rule - 100.

A competent authority may grant to a female officer, maternity leave on full pay for a period of 90 days from the date of its commencement.

This amendment shall be deemed to have come into force with effect from 29th July 1980.

Note 1.-Maternity leave is also admissible to temporary female officers under this rule.

Note 2.-[Deleted]

Note 3.-The female candidates undergoing pre-appointment stipendiary training may be allowed leave for maternity purpose to the extent envisaged under this rule on full rate of stipend admissible. The benefit of this leave may also be granted in the case of miscarriage/abortion subject to the same conditions as laid in Rule 101 below.

This amendment shall be deemed to have come into force with effect from is August 1973.

Note 4.-Maternity leave under this rule and Rule 101 shall be admissible to provisional female recruits continuing in service beyond one year provided they would continue in service but for proceeding on such leave.

This amendment shall be deemed to have come into force with effect from the 2nd July 1969.

Ruling

The expression 'full pay' occurring in the above rule means pay as admissible to an officer under Rule 92, Part I, Kerala Service Rules.

Rule - 101.

Leave under Rule 100 above may also be granted to female officers in cases of miscarriage including abortion subject to the condition that the leave does not exceed six weeks and application for the leave is supported by a certificate from the medical attendant.

Rule - 102.

Maternity leave may be combined with leave of any other kind but leave applied for in continuation of the former may be granted only if the request be supported by a medical certificate:

*Provided that no medical certificate shall be necessary for grant of any leave for a period not exceeding sixty days in continuation of maternity leave.

*Effective from 5th June 1978.

Note-Regular leave in continuation of maternity leave may also be granted to a female officer on her producing a medical certificate to the effect that the new born baby requires personal attention of the mother and her presence by the side of the baby is absolutely necessary.

Explanation.-- The kinds of leave coming under regular leave mentioned in the Note are Earned Leave, Half Pay Leave, Leave Not Due and Leave Without Allowances only.

SECTION X-HOSPITAL LEAVE

Rule - 103.

A competent authority may grant hospital leave to officers of the following classes while under medical treatment for illness or injury, if such illness or injury is directly due to risks incurred in the course of their official duties.--

(a)      Police Officers of rank not higher than that of Head Constable and Fire Service Personnel of and below the rank of Leading Fireman, including Driver, Mechanics and Fireman Drivers.

(b)      Forest subordinates, other than clerks in receipt of pay not exceeding *Rs. 1520

*This amendment shall be deemed to have come into force with effect from 1st March 1992.

(c)      Head warders or warders, male or female, of jails or lunatic asylums and Matrons of the Jails Department.

(d)      Subordinates employed in Government Laboratories.

(e)      Subordinates of other departments employed in the working of Government machinery.

(f)       Last grade employees of all departments.

(g)      Guards and Preventive Officers of the Excise Department, and

*(h) Government Servants drawing a pay of Rs. 120 or less per mensem who serve as Home Guard Volunteer.

Note 1.-Hospital leave will be granted only on production by the employee concerned of a medical certificate from his authorised medical attendant to the effect that the leave recommended is necessary to effect a cure and a certificate from his head of office to the effect that the illness or injury was directly due to risk incurred in the course of official duties.

Note 2.-Hospital leave is admissible to temporary employees also under this rule.

Note 3-Hospital leave will be granted to the officers coming under clause (h) above only in cases of injuries sustained while on duty as Home Guard Volunteers and only if the application is supported by a certificate from the Commandant General, Home Guards, to the effect that the injury was sustained by the employee while on active duty as a Home Guard Volunteer. This will be in addition to the certificate prescribed in Note I above.

Rule - 104.

Hospital leave may be granted for such period as the authority granting it may consider necessary, on leave salary (1) equal to leave salary while on earned leave, for the first 120 days of any period of such leave; and (2) equal to leave salary during half pay leave, for the remaining period of any such leave. In the case of a person to whom the Workmen's Compensation Act, 1923, applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under section 4(1)(d) of the said Act.

Rule - 105.

[Omitted]

Rule - 106.

Hospital leave is not debited against the leave account and may be combined with any other leave which may be admissible.

Government decision

A register in the form, given below will be maintained by all Heads of Departments and offices showing the various kinds of special leave (e.g., special disability leave, hospital leave, maternity leave, study leave, leave not due, commuted leave, etc.) granted to Government servants from time to time to facilitate the check by the local audit parties as to whether the conditions for the grant of the leave have been fulfilled in individual cases, by the authorities competent to sanction the leave.

SECTION XI-LEAVE TO PART-TIME OFFICERS

Rule - 107.

A Law Officer, if his pay is fixed at a definite rate but his whole time is not retained for the service of Government may be granted leave as follows:-

(a)      Leave on full pay during vacation of the Court within whose jurisdiction he serves, provided that no extra expense is hereby caused to Government. Such leave will be counted as duty.

(b)      Leave on half pay for not more than three months once only in his service after three years of duty.

(c)      On medical certificate, leave on half-pay upto a maximum of six months at any one time, provided that two years of duty must intervene between any two periods of leave on medical certificate.

(d)      On the conditions prescribed in Rule 88 leave without allowances.

Rule - 108.

Leave under any one of the clauses of Rule 107 may be combined with leave under any other clause.

Rule - 109.

An officer remunerated by honoraria may be granted leave on the terms laid down in Rules 107 and 108 provided that he makes satisfactory arrangements for the performance of his duties, that no extra expense is caused to Government and that during leave of the kind contemplated by clause (b) of Rule 107 the whole of the honoraria is paid to the person who officiates in his post.

Rule - 110.

Leave of the following kinds may be granted to an apprentice:-

(a)      On medical certificate, leave on leave salary equivalent to half-pay for a period not exceeding one month in any year of apprenticeship.

(b)      Leave without allowances under Rule 88.

SECTION XI A-LEAVE TO RADIATION WORKERS

Rule - 110A.

Rules for the grant of leave to radiation workers in the State Medical Service are given in Appendix XII.

SECTION XI B-LEAVE FOR TAKING UP EMPLOYMENT ABROAD OR WITHIN INDIA

Rule - 110B.

Rules for the grant of leave without allowances for taking up employment abroad or within India are given in Appendix XII A.

This amendment shall be deemed to have come into force with effect from 16th December, 1983.

SECTION XI C-LEAVE FOR THE PURPOSE OF STUDY FOR THOSE INELIGIBLE FOR LEAVE UNDER RULE 88 OR RULE 91 OF PART I

Rule - 110C.

Rules for the grant of leave for study purpose for those ineligible for leave under Rule 88 or Rule 91 of Part I are given in Appendix XII B.

This amendment shall be deemed to have come into force with effect from 18th September 1984.

SECTION XI D-LEAVE FOR JOINING SPOUSE

Rule - 110D.

Rule for the grant of leave without allowances for the purpose of joining spouse are given in Appendix XIIC.

This amendment shall be deemed to have come into force with effect from 12th April 1984.

SECTION XII-CASUAL LEAVE

Rule - 111.

Rules regarding Casual Leave to Officers are given in Appendix VII.

SECTION XIII-PROCEDURE RELATING TO LEAVE

Rule - 112.

A leave account shall be maintained for each officer.

Note--Leave account of a Gazetted Officer will be maintained by the Audit Officer. The leave account of a non-gazetted officer will be maintained by the Head of the Office in which he is employed.

Rule - 113.

An application for leave or an extension of leave must be made to the authority competent to grant such leave or extension in Form No. 13.

Rule - 114.

Leave to officers on foreign service in India will be sanctioned by the foreign employer.

Rule - 115.

Medical officers must not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the officer concerned will never be fit to resume his duties. In such cases the opinion that the officer is permanently unfit for Government service should be recorded in the Medical Certificate.

Rule - 116.

Every certificate of a medical committee or a medical officer recommending the grant of leave to an officer must contain a proviso that no recommendation contained in it shall be evidence of a claim to any leave not admissible to the officer under the terms of his contract or of the rules to which he is subject.

Rule - 117.

Before an officer can be granted leave or an extension of leave on medical certificate, he must obtain a certificate in the following form from such medical authority as the Government may by general or special order prescribe.

Medical Certificate

..............................................

(Signature of the applicant)

I (Name) .......................................... after careful personal examination of the case hereby certify that (Name and official address) ...................... whose signature is given above, is suffering from .......................... and that I consider that a period of absence from duty of .............................. with effect from ......................... is absolutely necessary for the restoration of his/her health.

Signature of Medical Officer.......................

Registration No......................................

Part of Registration..................................

System of Medicine.................................

Note 1.-The possession of a certificate as prescribed in this rule does not in itself confer upon the officer concerned any right to leave.

Note 2.-The nature and probable duration of the illness should be specified.

Note 3.-This form should be adhered to as closely as possible, and should be filled in after the signature of the applicant has been taken. The certifying officer is not at liberty to certify that the applicant requires a change to (or from) a particular locality, or that he is not fit to proceed to a particular locality. Such certificate should only be given at the explicit desire of the administrative authority concerned, to whom it is open to desire when an application on such grounds has been made to him, whether the applicant should go before a Medical Board to decide the question of his fitness for service.

Note 4.-No recommendation contained in this certificate shall be evidence of a claim to any leave not admissible to the officer under the terms of his contract or of the rules to which he is subject.

Note 5-Reciprocal arrangements have been entered into with the Mysore Government to the effect that officers including police personnel of one State while staying in the other will be examined free of cost by a Medical Board or a Medical Officer employed under the Government of the State concerned for purposes of grant or extension of leave and fitness to resume duty on the expiry of leave. A medical requisition from the competent authority will be required before the medical examination is conducted.

Government Decision

For the purpose of this rule, the Medical Certificates issued by the following medical authorities will be accepted provided that the certificates are in accordance with the provisions of the above rule :-

(1)     Medical Officers of Government not below the rank of an Assistant Surgeon.

(2)     Private Medical Practitioners of Modern Medicine registered in Part A of the register of Modern Medicines.

(3)     Ayurveda Physicians and Homeopathic Doctors attached to Government Hospitals and Dispensaries.

(4)     Private Practitioners of Indigenous Medicines registered in Class A of the Register of Indigenous Medicines; and

(5)     Private Homeopathic Practitioners registered in Class A of the Register of Homeopathic Medicines.

Notwithstanding anything contained herein, in the case of applications for 'leave not due' under Rule 85, Part I, Kerala Service Rules, Medical Certificate granted by the authorities mentioned in items 1 and 3 alone shall be accepted.

Rule - 118.

(a)      *In the case of certificate issued by an Assistant Surgeon, Ayurvedic Physician or Homeopathic Doctor attached to a Government Hospital or Dispensary or a private Practitioner of **Modern, Indigenous or Homeopathic Medicine, the authority competent to sanction leave may at its discretion, secure a second medical opinion by requesting a Civil Surgeon, District Indigenous Medical Officer or the Chief Medical Officer, +Department of Homeopathy as the case may be, to have the applicant medically examined. Should it decide to do so, it must arrange for the second examination to be made on the earliest possible date after the date on which the first medical opinion was given.

(b)      It shall be the duty of the Civil Surgeon, the District Indigenous Medical Officer or the Chief Medical Officer, *Department of Homeopathy as the case may be, to express an opinion, both as regards the facts of the illness and as regards the necessity for the amount of leave recommended. For this purpose, he may require the applicant to appear either before himself or before a Medical Officer nominated by him.

(c)      If the authority competent to sanction leave has doubts about the second medical opinion also he may refer the case to the Medical Board, constituted by the Director of Health Services on requisition.

Rule - 118A.

When the competent authority has genuine doubts about the fitness of an officer, it may refer him to a single man Medical Board or the standing Medical Board, for expert medical opinion. If the medical report is that the officer is not physically fit or mentally sound, the officer may be deemed to have entered on eligible leave from the date of the medical report, even if the officer does not put in a leave application. If he does not produce a certificate from the Medical Board that he is physically fit or mentally sound and has been cured of his illness within a period of five years from the date on which he was deemed to have entered on leave, he may be deemed to have retired on invalid pension. If the actual date of retirement of the officer falls within this period of five years he shall retire on that date.

Note--Eligible leave means leave due and admissible to an officer and the order of sanctioning this leave will be earned leave and half-pay leave *or commuted leave. If there is no eligible leave, leave without allowance will be granted to regularise the period of absence.

Rule - 119.

In support of an application for leave, or for an extension of leave, on medical certificate, from an officer of the last grade, the authority competent to grant the leave may accept such certificate as it may deem sufficient.

Rule - 120.

No leave may be granted to a Gazetted Officer until a report as to the admissibility of the leave has been obtained from the audit officer.

Rule - 121.

In cases where all applications for leave cannot, in the interest of the public service, be granted, an authority competent to grant leave should, in deciding which application should be granted, take into account the following considerations :-

(a)      The officer who can, for the time being, best be spared.

(b)      The amount of leave due to the various applicants.

(c)      The amount and character of the service rendered by each applicant since he last returned from leave.

(d)      The fact that any such applicant was compulsorily recalled from his last leave.

(e)      The fact that any such applicant has been refused leave in public interest.

Rule - 122.

(i)       When a medical authority has reported that there is no reasonable prospect that a particular officer will ever be fit to return to duty, leave should not necessarily be refused to such officer. It may be granted, if due, by a competent authority on the following conditions:-

(a)      If the medical authority is unable to say with certainty that the officer will never again be fit for service, leave not exceeding twelve months in all may be granted. Such leave should not be extended without further reference to a Medical Board.

(b)      If an officer is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave may be granted to him after the report of the medical authority has been received, provided that the amount of leave as debited against the leave account together with any period of duty beyond the date of the medical authority's report does not exceed six months.

(ii)      An officer who is declared by a medical authority to be completely and permanently incapacitated for further service shall--

(a)      If he is on duty, be invalidated from service from the date of relief of his duties, which should be arranged without delay on receipt of the report of the medical authority. If, however, he is granted leave under sub-rule (i) above he shall be invalidated from service on the expiry of such leave; and

(b)      if he is already on leave, he is invalidated from service on the expiry of that leave or extension of leave, if any, granted to him under sub-rule (i).

Rule - 123.

Leave shall not be granted to an officer whom a competent authority has decided to dismiss, remove or compulsorily retire from Government service.

Rule - 124.

An officer returning from leave is not entitled, in the absence of specific orders to that effect, to resume as a matter of course, the post which he held before going on leave. He must report his return to duty and await orders.

Government Decision No. 1

Whenever an order sanctioning leave to an officer is issued and communicated, it should contain directions as to where the officer should rejoin duty on the expiry of the leave, any change that may take place in the position of the officer during the period of leave being also communicated to the authorities concerned under intimation to the Accountant General wherever necessary.

Government Decision No. 2

An officer on leave should intimate sufficiently early his intention of rejoining duty after leave so as to avoid any possible delay in the issue of posting orders in time.

CHAPTER X JOINING TIME

Rule - 125.

Joining time may be granted to an officer to enable him--

(a)      to join a new post to which he is appointed while on duty in his old post; or

(b)      to join a new post,-

(i)       on return from earned leave;

(ii)      When he has not had sufficient notice of his appointment to the new post, on return from leave other than that specified in Sub-clause (i)

Note 1--An officer deputed for training will be allowed for the onward and return journeys, the time actually required for the journeys, by the usual mode of conveyance, between the place of training and the station from/to which he proceeds, and the time so taken will be treated as part of deputation period for training.

Note 2--Probationers and approved probationers in one service (including other officiating officers for whom no probation has been prescribed) when appointed to the same or another service by direct recruitment shall be allowed the minimum joining time (i.e., actual journey time) and transit pay, provided that the posts held by them prior to transfer or the posts to which they ere appointed remain vacant during the period. They shall not, however, be allowed Travelling Allowance.

[Effective from 22nd August 1960]

Ruling No. 1

Joining time under Rule 125(b)(i), Part I, Kerala Service Rules, will be admissible only in cases where an officer has proceeded on and has returned from earned leave proper and is posted to join a new post. In all other cases, it should be regulated under sub-clause (b) (ii) ibid.

Ruling No. 2

A gazetted officer deputed for training should relinquish charge of his post and prepare a charge report even if no officiating arrangement is made in his place. He should also intimate to the Audit Officer concerned, through the Training Institute/Officer, etc., the date and hour of reporting for training and on relief on the completion of training.

Government Decision

Retired officers re-employed in Government service will be treated on par with provisional hands appointed under General Rule 9(a)(i) of the Kerala State and Subordinate Services Rules, 1958 for purposes of joining time and only the actual journey time allowed as joining time.

Rule - 126.

Not more than one day is allowed to an officer in order to join a new post when the appointment to such post does not necessarily involve a change of residence from one station to another. A holiday or Sunday counts as a day for the purpose of this rule. No joining time is admissible in cases where the change of post does not involve an actual change of office.

Note.-- A transfer shall be held to involve a change of station only if the distance between the two places is not less than eight kilometres.

Rule - 126A.

When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s).

Ruling

When officers are transferred while on leave, joining time need be reckoned only from the date following the holiday(s), if any, suffixed to leave with the permission of the leave sanctioning authority unless otherwise directed in the transfer order.

Rule - 127.

The joining time of an officer, in cases involving a transfer from one station to another, is subject to a maximum of 30 days. Six days are allowed for preparation and, in addition, a period to cover the actual journey calculated as follows:-

(b) (i) For purposes of journey by air under clause (a) (i), a part of a day should be treated as one day.

(ii) A day is also allowed for any fractional portion of any distance prescribed in clause (a) (ii).

(c) When part of the journey is by steamer, the limit of six days for preparation may be extended to cover any period unavoidably spent in awaiting the departure of the steamer.

(d) Travel by road not exceeding eight kilometres to or from a railway station or steamer ghat at the beginning or end of journey does not count for joining time.

(e) A Sunday does not count as a day for the purpose of the calculations in this rule, but Sundays are included in the maximum period of 30 days.

Exception 1.-- The authority sanctioning the transfer may, in special circumstances, reduce the period of joining time admissible under this rule.

Exception 2.-- In the case of officers who are entrusted with the custody of stores, a period of not more than ten days and in the case of officers in charge of Timber Depots of the Forest Department a period of not more than one week will be allowed for transfer of charge of check conjointly stores and other materials, the minimum time actually required in each case alone being, however, utilised for the purpose.

Exception 3.-- A period of not more than one week will be allowed to Forest Guards for transfer of charge and join perambulation of the beats, the minimum time actually required alone being, however, utilised for the purpose. This period will be treated as an extension of joining time in respect of the relieving officer.

Rule - 128.

Except in the case of a journey performed by air, by whatever route an officer actually travels, his joining time shall, unless a competent authority for special reasons otherwise orders, be calculated by the route which travelers ordinarily use.

Government Decision

Except in cases of journeys performed by air, which will be covered by the provisions in sub-rule (a) of Rule 127, the entitlement to joining time of a Government servant, in cases where his old headquarters and new headquarters are connected by railway, should be calculated as admissible for a journey by railway.

Rule - 129.

If an officer is authorised to make over charge of a post elsewhere than at its headquarters, his joining time shall be calculated from the place at which he makes over charge.

Rule - 130.

If an officer is appointed to a new post while in transit from one post to another, his joining time begins on the day following that on which he receives the order of appointment.

Note.-- A second period of 6 days for preparation should not be allowed in calculating the joining time of an officer who is appointed to a new post, while in transit from one post to another.

Government Decision

In the case of a Government servant who is transferred from one post to another but whose transfer is subsequently cancelled after he has handed over charge of his old post but before he could take charge of the new post, the period intervening between the date of handing over charge of the old post and taking over the same later on account of cancellation of transfer orders, should be treated as joining time, subject to the provisions of Rule 130 and the Note thereunder.

Rule - 131.

If a Government servant takes leave while in transit from one post to another, the period which has elapsed since he handed over charge of his old post must be included in his leave. On the expiry of the leave, the Government servant may be allowed normal joining time.

Rule - 132.

If an officer is appointed to a new post while on earned leave he is entitled to joining time calculated from his old station in addition to the earned leave. Should the officer join the new appointment before the expiry of leave plus joining time admissible, the period short taken should be considered as leave not enjoyed and a corresponding portion of the leave sanctioned should be cancelled without any reference to the authority which granted the leave. When vacation or holidays immediately preceding vacation begin during or immediately after the expiry of joining time admissible to an officer or when an officer is transferred during vacation, he may be allowed to join at the end of the vacation.

Rule - 133.

The Government may in any case extend the joining time admissible under these rules, provided that the general spirit of the rules, is observed.

Rule - 134.

Within the prescribed maximum of 30 days, the Government may, on such conditions as it thinks fit, grant to an officer a longer period of joining time than is admissible under the rules in the following circumstances:-

(a)      When the officer has been unable to use the ordinary mode of travelling or, notwithstanding due diligence on his part, has spent more time on the journey than is allowed by the rules; or

(b)      When such extension is considered necessary for the public convenience or for the saving of such public expenditure as is caused by unnecessary or purely formal transfers; or

(c)      When the rules have in any particular case operated harshly; as for example, when an officer has, though no fault on his part missed a steamer or fallen sick on the journey.

Rule - 135.

When an officer under the administrative control of the Government is transferred to the control of another Government which has made rules prescribing amounts of joining time, his joining time for the journey to join his post under the Government, and for the return journey will be governed by those rules.

Rule - 136.

A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He shall also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances, and house rent allowance as applicable to the old station from which he was transferred. He shall not be allowed conveyance allowance or Permanent Travelling Allowance.

Note.-- An Officer on transfer is not entitled for joining time unless his transfer is made in the public interest. However, in cases of transfers on request, an officer shall be paid joining time pay and allowances at the rate admissible under this rule for the period spent in travelling to join the new post and if he could not take charge on the new post on the day on which he is to join consequent on that day being declared a holiday, then, for that day also.

Explanation.-There is no objection to an officer being granted regular leave by the competent authority under the leave rules applicable to him even if the transfer is at his own request to cover the period of handing over charge at an old station and before taking over charge at another if the officer applied for it and the competent authority is willing to grant such leave.

Rule - 137.

An officer who does not join his post within his joining time, is entitled to no pay or leave salary after the end of the joining time. Wilful absence from duty after the expiry of joining time may be treated as misbehavior for the purpose of Rule 21.

Government Decision

The period of overstayal of joining time of an officer may be regularised by granting eligible leave under Rule 131, Part I, Kerala Service Rules and the Joining time pay regulated under Rule 136(b) ibid

Rule - 138.

A person, in employment other than Government service or on leave granted from such employment, if in the interest of Government, is appointed to a post under the Government may, at the discretion of Government, be treated as on joining time while he prepares for and makes the journey to join the post under Government and while he prepares for and makes the journey on reversion from the post under Government to return to his original employment. During such joining time he shall receive pay equal to the pay, or in the case of joining time immediately following leave granted from the private employment, to the leave salary paid to him by his private employer prior to appointment to Government service, or pay equal to the pay of the post in Government service, whichever is less.

CHAPTER XI FOREIGN SERVICE

Rule - 139.

The rules, in this chapter apply to those officers only who are transferred to foreign service after these rules come into force. Officers transferred previously will remain subject to the rules in force at the time of transfer.

Government Decision

In cases where the deputation of an officer to foreign service was sanctioned on a date prior to 1st November 1959 and the terms originally fixed extend beyond 1st November 1959, no change in the terms need be made even if the officer has opted to the Kerala Service Rules, but extension of the period beginning from or after 1st November 1959 should conform to the provisions in the Kerala Service Rules, provided the officer concerned has opted to the Kerala Service Rules, the extension of the term being treated as a fresh case of deputation.

Rule - 140.

(a)      No officer may be transferred to foreign service against his will:

Provided that this sub-rule shall not apply to the transfer of an officer to the service of a body, incorporated or not, which is wholly or substantially owned or controlled by the Government.

(b)      A transfer to foreign service requires the sanction of the Government.

*No officer shall normally be allowed to remain on deputation to foreign service for more than five years continuously. Provisions of Rule 24 will apply to an officer who continues in foreign service for more than five years at a time.

*Effective from 17th December 1976.

Rule - 141.

A transfer to the foreign service is not admissible unless-

(a)      the duties to be performed after the transfer are such as should; for public reasons, be rendered by an officer of Government, and

(b)      the officer transferred holds, at the time of transfer, a permanent or temporary appointment paid from the General Revenues or holds a lien on such an appointment or would hold a lien on such a post had his lien not been suspended.

Rule - 142.

If an officer is transferred to foreign service while on leave, he ceases from the date of such transfer to be on leave and to draw leave salary.

Rule - 143.

An officer transferred to foreign service shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his transfer, and may be given such substantive or officiating promotion in those cadres as the authority competent to order promotion may decide. In giving promotion, such authority shall take into account

(a)      the nature of the work performed in foreign service, and

(b)      the promotion given to juniors in the cadre in which the question of promotion arises.

Rule - 144.

An officer in foreign service will draw pay from the foreign employer from the date on which he relinquishes charge of his post in Government Service. Subject to any restrictions which the Government may by general order impose, the amount of his pay, the amount of joining time admissible to him and his pay during such joining time will be fixed by the authority sanctioning the transfer in consultation with the foreign employer.

Note 1.-When transfer to foreign service is sanctioned the pay which he shall receive in such service must be precisely specified in the order sanctioning the transfer. If it is intended that he shall receive any remuneration, or enjoy any concession of pecuniary value, in addition to his pay proper, the exact nature of such remuneration or concession must be similarly specified. No officer will be permitted to receive any remuneration or enjoy any concession which is not so specified, and if the order is silent as to any particular remuneration or concession, it must be assumed that the intention is that it shall not be enjoyed.

Note 2.-No order of transfer to foreign service shall be issued without previous consultation with the Finance Department. It shall be open to that department to prescribe by general or special order, cases in which its consent may be presumed to have been given.

Note 3.-In all cases of foreign service where the headquarters of the officer is located within Kerala, deputation allowance shall be granted at the rate of 10 per cent of the basic pay of the officer concerned.

This amendment shall be deemed to have come into force with effect from 1st September 1985

Provided that no deputation allowance shall be granted for the period in excess of five years to an officer even if deputation is allowed to continue beyond 5 years continuously.

*In cases where the headquarters of the officer is outside Kerala and the deputation is to institutions/bodies aided by Government industrial undertakings in which Government hold majority of shares and also undertakings which are managed by Government, the deputationist's pay in foreign service shall not exceed his basic pay in Government service by more than 50 per cent or Rs. 300 whichever is less.

*Effective from 17th December 1966.

Provided further that such pay in foreign service shall not exceed the basic pay in Government service by more than 50 percent or Rs. 300 whichever is less.

This proviso shall apply also to cases of extension of deputation to foreign service sanctioned from 8th April 1965.

Note 4. Specific terms in regard to Travelling Allowance to be allowed to officers for journeys on transfer to foreign service and on reversion therefrom should invariably be prescribed in consultation and agreement with the foreign employer.

Note 5.-An officer who is eligible for concessions in regard to medical attendance for himself or his family should not be transferred to foreign service, unless the foreign employer undertakes to afford to the officer privileges not inferior to those which he would have enjoyed if he had been employed in the service of Government

Note 6.-No officer to whose children educational concessions are admissible, should be transferred to foreign service, unless the foreign employer undertakes to afford these privileges which the officer would have enjoyed had been employed in the service of Government.

Note 7.-The transit pay and allowances and transfer Travelling Allowance of a Government servant who proceeds on transfer from one foreign employer to another without reverting to Government service should be borne by the foreign employer to whom the Government servant proceeds on transfer.

Effective from November 24, 1967

Government Decision

The Heads of Departments, while proposing the deputation of officers to foreign service and the sections of the Secretariat while sanctioning such proposals, will attach to the proposals or sanctions, as the case may be, a separate statement giving the following details:-

(i)       Name of the Government servant

(ii)      Date of Birth

(iii)     To whom lent

(iv)    Official designation (post held substantively before transfer)

(v)      Scale of pay of the post in Government service held substantively by the officer

(vi)    Head of account to which pay was debitable before transfer

(vii)   Monthly rate of pay sanctioned in foreign service

(viii)  Service rules applicable

(ix)    Rate of monthly contributions provisionally fixed under rule:

(a)      Leave salary

(b)      Pension

(x)      When lent

(xi)    Where to be recovered

(xii)   Whether creditable to State or Central

(xiii)  Date of termination of foreign service.

Ruling No. 1

An officer holding a provisional appointment deputed to foreign service, will be allowed to draw, in foreign service, the pay and allowances attached to the provisional appointment, only if it is certified by the competent authority that the officer would have held the provisional appointment but for his deputation to foreign service.

Ruling No. 2

(i)       For the period from 1-7-1978 to 30-4-1979, Officers on deputation will be allowed deputation allowance at the rates prescribed in the concerned Government Order by which the deputation was sanctioned based on their pre-revision pay in Government Service.

(ii)      Those who continue to draw pay in the pre-revision scale on 1-5-1979 are eligible for deputation allowance from 1-5-1979 at the rates specified in Note 3 above. But the minimum of the revised scales of the posts from which they are deputed, will be the basis for determining the rate of deputation allowance. " Pay in the pre-revision scale" means the pay of the Officer concerned in the scale of pay as it stood as on 30-6-1978.

Rule - 145.

(a)      While an officer is in foreign service contribution towards the cost of his pension and leave salary must be paid to General Revenues on his behalf.

(b)      Contributions due under clause (a) above shall be paid by the officer himself, unless the foreign employer consents to pay them. They shall be payable during leave taken while in foreign service.

Note.-A copy of the orders sanctioning an officer's transfer to foreign service must always be communicated to the Audit Officer. The Officer himself should, without delay, communicate a copy to the officer who audits his pay, and take his instructions as to the officer to whom he is to account for the contribution; report to the latter officer the time and date of all transfers of charge to which he is a party when proceeding on, while in, and on return from foreign service; and furnish from time to time particulars regarding his pay in foreign service, leave taken by him, his postal address, and any other information which that officer may require.

Rule - 146.

Recovery of pension contribution in respect of Government servants on deputation to foreign service shall be at the rate of 15 per cent of the maximum of the scale of pay of the post from which deputation is sanctioned, If the scale of pay is revised or the Government Servant gets promotion in the present department the recovery shall be at the rate of 15 per cent of the maximum of the revised scale of pay or the scale of pay of the post to which the officer is promoted in the parent department, as the case may be.

The leave salary contribution shall be 10 percent of the maximum of the scale of pay of the post of the deputationist in the parent department. If the scale of pay is revised or the Government servant gets promotion in the parent department, the recovery shall be at 10 percent of the maximum of the revised scale of pay or the scale of the post to which the officer is promoted in the parent department, as the case may be.

The combined rate of leave salary and pension contribution shall be 25 per cent of the maximum of the scale of pay.

Contribution shall be paid for the actual period of duty in the foreign service including all kinds of leave taken while on foreign service. Contribution shall be paid for each calendar month or part thereof and no contribution shall be paid for the periods of joining time.

Note.-Leave salary contribution will not be realised in respect of Government officers serving on deputation on foreign service terms, in undertakings which are owned or controlled by the State Government. If the officer avails of leave while on such foreign service, the full expenditure should be borne by the concerned foreign employer and if the officer avail of leave after return from the foreign service, the expenditure should be borne by the Government.

This Note shall be deemed to have come into force with effect from 1st April 1982.

Government Decision

Leave salary and pension contribution will be recovered in whole rupees, fractions equal to 50 paise being rounded off to the next higher rupee. Rounding off will be done (1) at the initial stage while calculating the rates of monthly contributions, (2) while recovering contributions for part of a month at the beginning or at the end of foreign service and (3) where rates of monthly contributions are refixed due to a change in the rates of pay, deputation allowance, etc., and the total contribution recoverable for a calendar month are not in whole rupees.

This decision will take effect from 1st August 1970, i.e., in respect of contributions for August 1970 recoverable in September 1970.

Rule - 147.

The rate of pension and leave salary contribution prescribed in Rule 146 is to secure the officer the pension that he would have earned by service under the State Government if he had not been transferred to foreign service and the leave salary on the scale and under the conditions applicable to him. In calculating the rate of leave salary admissible for earned leave alone, the pay drawn in foreign service less, in the case of officers paying their own contributions, such part of the pay as may be paid as contribution, will count as pay for the purpose of leave salary; provided that the difference between the amount of leave salary that would have been admissible to the officer had he remained in Government Service and the amount of leave salary admissible as aforesaid, shall be recovered from the foreign employer.

Note 1.-As the rates prescribed for such contribution have been calculated on the basis of the *leave on full or half pay normally taken by an officer during the total period of his services and do not take into account any compensatory allowance which may form part of leave salary, the whole expenditure in respect of any compensatory allowance for periods of leave in or at the end of foreign service shall be borne by the foreign employer and a condition to this effect should be inserted in the terms of transfer to foreign service.

Note 2.-The foreign employers should in the case of officers transferred to foreign service accept liability of leave salary in respect of disability leave granted on account of a disability incurred in and through foreign service even though such disability manifests itself after the termination of foreign service. The leave salary charges for such leave should be recovered direct from foreign employers, a condition to this effect being inserted in the terms of transfer to foreign service.

Note 3.-Leave salary in respect of maternity leave granted to and enjoyed by a female Government servant while in foreign service will be borne by the foreign employer.

Government Decision No. 1

In the case of an officer who takes leave on the conclusion of foreign service before rejoining his post, the leave salary should be calculated taking into account the pay drawn in foreign service also and the difference in leave salary should be recovered from the foreign employer as provided in the above rule. Orders sanctioning deputation to foreign service should specifically include a provision for the recovery of difference in the leave salary from the foreign employer. Leave salary in respect of leave taken after rejoining duty under Government shall be governed by the provisions in Rules 92 to 95 above.

However the recovery contemplated above will not apply in respect of officers on deputation on foreign service terms to undertakings which are owned or controlled by the Government, in whose case no leave salary contributions will be realised.

Government Decision No. 2

When a Government servant is transferred to foreign service in India, an extract of the leave account of the Government servant will be furnished to the foreign employer by the Accountant General in respect of Gazetted Officers and by the Head of Office in respect of Non-Gazetted Officers so that the foreign employer may determine the leave admissible to the Government servant and the leave salary payable to him. Whenever leave is granted by the foreign employer a copy of the orders granting leave to the Government servant may be endorsed by the foreign employer to the Accountant General in respect of Gazetted Officers and to the Head of the office of the parent department in the case of Non-Gazetted Officers. The foreign employer will pay the leave salary which will be reimbursed to him by the Accountant General in the case of Gazetted Officers and by the Head of the Office (of the parent department) in the case of Non-Gazetted Officers. The claim for the reimbursement of leave salary thus paid by the foreign employer may be made half yearly for the period from April to September and October to March. While sending the claim to the Accountant General or Head of Office concerned, the foreign employer will give the name and designation of the Government servant, nature and period of leave sanctioned, the number and date of sanction, rate of leave salary and amount of leave salary paid. On receipt of the claim from the foreign employer the Accountant General or Head of Office will verify the claim with reference to the entries in the leave account and arrange to reimburse the amount by means of a bank draft within a month of receipt of the claim. The expenditure will be debited to the head of account to which the leave salary is debitable. It should be noted that in both cases, the amount of leave salary to be reimbursed to the foreign employer will be the leave salary (excluding Dearness Allowance and other compensatory allowance) to which the Government servant would have been eligible but for foreign services as the difference between the leave salary to which the officer is eligible and that he would have received but for foreign services together with Dearness Allowance and other compensatory allowance is to be finally borne by the foreign employer.

Rule - 148.

The Government may--

(a)      remit the contributions due in any specified case or class of cases, and

(b)      make rules prescribing the rate of interest, if any, to be levied on overdue contributions.

Rule - 149.

An officer in foreign service may not elect to withhold contributions and forfeit right to count as duty in Government service the time spent in foreign employ. The contribution paid on his behalf maintains his claim to pension, or to pension and leave salary, as the case may be, in accordance with the rules of the service of which he is a member. Neither he nor the foreign employer has any right of property in a contribution paid and no claim for refund can be entertained.

Rule - 150.

Contribution for leave salary or pension, due in respect of an officer on foreign service, may be paid annually within fifteen days from the end of each *calendar year or at the end of the foreign service, if the foreign service expires before the end of a *calendar year, and if the payment is not made within the said period, interest must be paid to Government on the unpaid contribution, unless it is specifically remitted by Government, at the rate of two paise per day per Rs. 100 from the date of expiry of the period aforesaid upto the date on which the contribution is finally paid. The interest shall be paid by the officer or the foreign employer according as the contribution is paid by the former or the latter.

Rule - 151.

An Officer transferred to foreign service may not without the sanction of the Government accept a pension or gratuity from his foreign employer in respect of such service.

Rule - 152.

An officer in foreign service may not be granted leave otherwise than in accordance with the rules applicable to the service of which he is a member and may not take leave or receive leave salary from Government unless he actually quits duty and goes on leave.

Exception-An officer on foreign service out of India may be granted leave by the foreign employer on such conditions as he may determine. In any individual case, the authority sanctioning the transfer may determine beforehand, in consultation with the foreign employer, the conditions on which leave will be granted by him. The leave salary in respect of leave granted by the foreign employer will be paid by him and the leave will not be debited against the officer's leave account.

This exception shall be deemed to have come into force with effect from 1st March 1965.

Note.-An officer on foreign service is himself personally responsible for the observance of the rules regarding leave in foreign service, by accepting leave to which he is not entitled under the rules, he renders himself liable to refund leave salary irregularly drawn, and in the event of his refusing to refund, he forfeits his previous service under Government and ceases to have any claim on Government in respect of either pension or leave salary.

Government Decision No. 1

*[Deleted]

Government Decision No. 2

*[Deleted]

*Effective from 30th May 1996.

Rule - 153.

An Officer in foreign service, if appointed to officiate in a post in Government service, will draw pay calculated on the pay of the post in Government service on which he holds a lien or would hold a lien had his lien not been suspended and that of the post in which he officiates. His pay in foreign service will not be taken into account in fixing his pay.

Rule - 154.

An Officer reverts from foreign service to Government service on the date on which he takes charges of his post in Government service; provided that if he takes leave on the conclusion of foreign service before rejoining his post, his reversion shall take effect from such date as the Government may decide.

As and when an order transferring a non-gazetted employee to foreign service is issued by the competent authority, the head of the office where the employee is then working should make an entry in his Service Book regarding the transfer to foreign service. The head of office should simultaneously furnish to the Accountant General information regarding the date of relief of the transferred officer, his pay, date of his next increment, scale of pay of post held by him at the time of relief etc. Based on the sanction and particulars received from the head of office, the Accountant General will intimate the departmental officer concerned and the foreign employer the foreign service account number assigned to the transferred officer and the rate of foreign service contribution recoverable in his case. On receipt of the communication, the head of office should note in the Service Book the rate of contribution as fixed by the Accountant General. At the time of reversion of the employee from foreign service, the head of the office to which he is posted should intimate the Accountant General the date of his rejoining State Service and the date of termination of his foreign service as fixed under Rule 154, Part I, Kerala Service Rules. On receipt of the sanction reverting the officer to State Service and the particulars about his rejoining duty, the Accountant General will check whether the foreign service contributions have been recovered in full. As and when the recovery is completed, the Accountant General will sent to the head of the office in which the Government servant is working at that time a communication showing the position about the recovery of contributions; a copy of it will be simultaneously endorsed to the employee also. On the strength of this communication, the head of the office should make an entry in the Service Book regarding the position about the recovery of foreign service contributions, giving reference to the communication received from the Accountant General. The letter received from the Accountant General in this regard should be kept in the Service Book itself for facilitating future reference. The head of the office and the employee concerned should acknowledge the receipt of the communication regarding recovery of contributions. Based on the entries in the Service Book made by the head of the office and copies of the Accountant General's communications kept in the Service Book, the employee's pension claims will be settled by the Accountant General at the time of his retirement. In the event of any dispute arising later about the recovery of contributions for want of necessary entries in the Service Books, the employee concerned may produce his copy of the communication received from the Accountant General as proof of recovery. On production of his copy of the communication, the Accountant General will verify the matter and settle his claims accordingly.

While laying down the above procedure, Government would like to impress upon all departmental officers that the responsibility for making entries relating to foreign service in the Service Book of the Non-Gazetted Officers rests with them.

Effective from 1st June 1983.

Rule - 155.

When an officer reverts from foreign service to Government service, his pay will cease to be paid by the foreign employer and his contributions will be discontinued with effect from the date of reversion.

Rule - 156.

When an addition is made to a regular establishment on the condition that its cost or a definite portion of its cost, shall be recovered from the persons for whose benefit the additional establishment is created, recoveries shall be made under the following rules:-

(a)      The amount to be recovered shall be the gross sanctioned cost of the service or of the portion of the service, as the case may be, and shall not vary with the actual expenditure of any month.

(b)      The cost of the service shall include contribution at such rates as may be laid down under Rule 146 and the contributions shall be calculated on the sanctioned rates of pay of the members of the establishment.

(c)      The Government may reduce the amount of recoveries or may entirely forgo them.

Note.-The term 'gross sanctioned cost of service' shall include dearness and other compensatory allowances and bonus/special festival allowance. The monthly component of bonus/special festival allowance, shall be worked out at-1/12th of the last declared bonus/special festival allowance, for effecting recovery on a monthly basis.

Government Decision

The procedure for the recovery of the cost of an establishment will be as follows :-

(i)       Gross Sanctioned cost of the service-This will include the "average cost" of the several posts included in the establishment together with the Dearness Pay, Dearness Allowance, Special Dearness Allowance, Personal Pay/Special Pay, *Bonus/Special Festival Allowance* and other Compensatory Allowance admissible on the "average cost" for this purpose will be calculated according to the formula given under Rule 12(35), Part I, Kerala Service Rules.

(ii)      Pension and leave salary contribution-This contribution in respect of a post will be worked out at one-fourth-of the total of the "average cost" plus Dearness Pay, Special Pay/Personal Pay *and Bonus/Special Festival Allowance* admissible on the average cost.

*Effective from 29th October 1992

(iii)     Calculation of average age at entry in the grade.-

(a)      In grades where direct recruitment is generally made-If the recruitment is generally made between 18 and 24/25 years, for example, the age of entry can with advantage be adopted uniformly as 21, instead of calculating it on the basis of age of entry of all persons in service on a date or recruited during a specified period which would involve unnecessary labour not yielding commensurate advantage. The average cost thus worked out on the above basis may hold good till there is a revision of scales or other conditions of service, e.g., age of retirement, etc.

(b)      In grades where appointments are generally made by promotion but occasionally direct recruitment is also resorted to.-The factor of age of entry would in this case by depending on the incidence of promotion in individual establishment and no uniform age of entry can therefore be indicated. To get more accurate result the age of entry may be arrived at in these cases on the basis of the age of entry of all persons in service in that grade on 1st April of the year in which the occasion to calculate the average cost arises. As the basis of average cost itself is somewhat approximate, a change in the age of entry from year to year is of little consequence and therefore the age of entry thus arrived at and for that matter the average cost worked out on that basis, may hold good for a reasonable period, say 5 years, after which it may be reviewed, unless there is a general revision of the scales of pay or conditions of services in the meantime.

SERVICE UNDER LOCAL FUNDS

Rule - 157.

Officers paid from Local Funds which are administered by Government are subject to the provisions of these service rules.

Rule - 158.

The transfer of officers to service under Local Funds which are not administered by Government will be regulated by the rules in this chapter.

Rule - 159.

Persons transferred to Government service from a Local Fund which is not administered by Government will be treated as joining a first post under Government and their previous service will not count as duty performed. The Government may, however, allow previous service in such cases to count as duty performed on such terms as it thinks fit.

Ruling

The pay of an officer transferred from a Local Fund Institution not administered by Government to Government service will be fixed at the minimum of the scale of pay of the post in Government service if the pay he was drawing under the Local Fund is less than the minimum. In case he was drawing, under the Local Fund, pay above the minimum and equal to a stage in the scale of pay of the post in Government service, his pay will be fixed at that stage and if the pay he was drawing under the Local Fund is not a stage in the scale of pay of the post in Government service it will be fixed at the next lower stage, the difference being treated as personal pay to be absorbed in future increases in pay. His next increment will ordinarily be allowed only after the full incremental period of duty in Government service.

 

APPENDIX I

MODEL FORM OF AGREEMENT

(Referred to in Rule 8 of Part I)

ARTICLES OF AGREEMENT made this the................... day of .................one thousand nine hundred and .........................BETWEEN Sri ............................... (here enter name and address) of the first part and the Governor of Kerala (hereinafter called 'the Government") of the other part.

WHEREAS THE GOVERNMENT have engaged the party of the first part and the party of the first part has agreed to serve the Government on the terms and conditions hereinafter contained.

NOW THESE PRESENTS WITNESS as follows:-

(1)     The party of the first part shall submit himself to the orders of the Government and of the officers and authorities under whom he may from time to time be placed by the Government and shall remain in the service for the term of .......years commencing from the .......................day of 19.............subject to the provisions herein contained.

(2)     The party of the first part shall devote his whole time to his duties and at all times obey the rules including the Government Servants' Conduct Rules prescribed from time to time being for the regulation of the public service to which he may belong and shall whenever required, proceed to any part of India and there perform such duties as may be assigned to him.

(3)     The service of the party of the first part may be terminated as follows:-

(1)     At the end of the first year by either party without notice.

(2)     At any time on two calendar months' notice in writing given to him by the Government if, in the opinion of the Government, the party of the first part proves unsuitable for the efficient performance of his duties during service under this agreement.

Provided that the Government may in lieu of any notice herein provided for, give the party of the first part, a sum equivalent to the amount of his pay of two months or shorter notice than two months, if they pay him a sum equal to the amount of his pay for the period by which such notice falls short of two months.

Effective from 24th April 1982.

(3)     By the Government without previous notice if the Government are satisfied on medical evidence that the party of the first part is unfit and is likely for a considerable period to continue unfit by reason of ill-health for the discharge of his duties in India.

PROVIDED always that the decision of the Government that the party of the first part is likely to be unfit shall be conclusively binding on the party of the first part.

(4)     By the Government or their officers having proper authority without any previous notice if the party of the first part shall be guilty of any insubordination, intemperance or other misconduct or of any breach or non-performance of any of the provisions of these presents or of any rules pertaining to the public service to which he may belong.

(5)     By two calendar months' notice in writing given at any time during service under this agreement (except the first year thereof) either by him to the Government or by the Government or their authorised officer to him without cause assigned.

Effective from 24th April 1982.

PROVIDED always that the Government may, in lieu of any notice herein provided for, give the party of the first part a sum equivalent to the amount of his pay of *two months or shorter notice than *two months if they pay him a sum equal to the amount of his pay for the period by which such notice falls short of *two months.

Effective from 24th April 1982.

Omitted.

The second Proviso is in effect from 24th April 1982.

The term 'pay' for the purpose of this clause shall mean the pay (including special pay and personal pay, if any), the party of the first part is receiving under these presents at the time, unless he is receiving officiating pay in which case it shall mean the pay (including special pay and personal pay, if any) of his substantive appointment.

(4)     If the party of the first part is suspended from duty during investigation into any charge of misconduct mentioned in sub-clause (4) of clause 3 hereof, he shall not be entitled to any pay during such period of suspension but shall be entitled to receive a subsistence grant at such rate as the Government may decide to allow him.

(5)     The scale of pay attached to the post of....................... to which the party of the first part is appointed shall comprise the following monthly rates of pay in successive stages of every twelve months' service :-

(Pay Rs.)

Stages:

1. ...............

2. ................

3. ................

etc.

He shall from the ................ be granted pay at the rates of Rupees ............ per mensem in the aforesaid scale and shall receive pay in the succeeding stages provided for in that scale in accordance with the provisions of the rules from time to time in

force and applicable to his case, service in the stages reckoning from the aforesaid date. The pay from time to time payable to him under these presents shall be paid for such time as he shall serve under this agreement and actually perform his duties commencing from the aforesaid date and ceasing on the date of his quitting service or on the day of his discharge therefrom or on the day of his death if he shall die whilst in service. If at any time the party of the first part proceeds on deputation on foreign service his pay during deputation shall be regulated by the ordinary rules regarding deputation on foreign service.

(6)     The party of the first part shall be eligible, subject to the exigencies of public service, for leave and leave salary under the rules contained in Appendix VIII to Kerala Service Rules, as amended from time to time.

(7)     If the party of the first part is required to travel in the interest of public service he shall be entitled to Travelling Allowance on the scale provided for in the rules framed by the Government from time to time in force and applicable to the class of officers serving in the same station to which Government may declare him to correspond in status or conditions of service.

(8)     The party of the first part shall be eligible for any concessions in relation to medical attendance and treatment that may be prescribed by the Government for the class of officers serving in the same station to which the Government may declare the party of the first part to correspond in status or conditions of service.

(9)     Notwithstanding anything herein before contained the party of the first part shall, unless otherwise decided by the Government, be entitled to receive in whole or in part as may be authorised by the Government the benefits of any improvement that may be sanctioned by the Government subsequent to the date of these presents in the terms and conditions of the service of members of the public service to which he may for the time being belong and the decisions of the Government in respect of such improvement in the terms and conditions of service of the party of the first part shall operate so as to modify to that extent the provisions of these present.

(10)   Notwithstanding anything herein before contained the pay and leave salary admissible under these present shall be subject to any emergency cut that may be ordered by the Government for the same period and on the same terms as for other officers under the administrative control of the Government.

(11)   In respect of any matter in regard to which no provision has been made in this agreement the provisions of the Kerala Service Rules shall apply to the extent to which they are applicable to the service hereby provided for and the decision of the Government as to their applicability shall be final.

In witness whereof Sri ........................ the party of the first part and Sri .............................. Secretary to the Government for and on behalf of the Governor of Kerala hereunto set their hands the day and year first above written.

Signed by Sri........................the party of the first part.

In the presence of witnesses:--

1. ............................

2. ............................

Signed by Sri ....................... Secretary to the Government for and

on behalf of the Governor of Kerala.

In the presence of witnesses :-

1. …............................

2. …............................

 

APPENDIX II

LIST OF HEADS OF DEPARTMENTS

[Referred to in Rule 12(13) of Part I]

(1)     Secretaries, Additional Secretaries and Joint Secretaries to Government (including Secretary to the Legislative Assembly).

(2)     Board of Revenue

(3)     Director of Public Instruction

(4)     Additional Director of Public Instruction

(5)     Director of Collegiate Education

(6)     Director of Examination and Text Books

(7)     Director of Technical Education

(8)     Chief Engineers

(9)     Chief Conservator of Forests

(10)   Director of Agriculture

(11)   The High Court

(12)   Chairman, Public Service Commission

(13)   Director of Public Relations

(14)   Transport Commissioner

(15)   Inspector General of Police

(16)   Director of Health Services

(17)   Advocate General

(18)   Registrar of Co-operative Societies

(19)   Inspector General of Registration

(20)   [Deleted]

(21)   Labour Commissioner

(22)   Examiner of Local Fund Accounts

(23)   Inspector General of Prisons

(24)   Director of Animal Husbandry

(25)   [Deleted]

(26)   Director of Harijan Welfare

(27)   Principals, Medical Colleges

(28)   Director of Municipalities

(29)   Director of Industries and Commerce

(30)   Director of Fisheries

(31)   Director, Bureau of Economics and Statistics.

(32)   Director of Indigenous Medicine

(33)   Director of Insurance

(34)   Chairman, Kerala Sales Tax Appellate Tribunal, Trivandrum.

(35)   Principals, Ayurveda Colleges.

(36)   Industrial Tribunals

(37)   The State Port Officer

(38)   Commissioner, Hindu Religious and Charitable Endowment Fund.

(39)   Director of Tourist Department

(40)   Presiding Officer, Labour Courts

(41)   Director of Museums and Zoos

(42)   Secretary to Governor and Comptroller, Governor's Household

(43)   Director of Employment and Training

(44)   Director of Geology

(45)   Controller of Weights and Measures

(46)   Drugs Controller

(47)   Chairman, Land Board

(48)   Chief Town Planner and Consulting Architect

(49)   Director of Panchayats

(50)   Director of Archaeology

(51)   [Deleted]

(52)   Director of Fire Force

(53)   Director of Soil Conservation

(54)   Director of Factories and Boilers

(55)   State Editor, Kerala Gazetteers

(56)   Director, Rajya Sainik Board

(57)   Vigilance Commissioner

(58)   Director of Vigilance Investigation

(59)   Director of Treasuries

(60)   Director of State Lotteries

(61)   Chief Electrical Inspector of Government

(62)   Secretary of Official Language (Legislative) Commission

(63)   Director of Printing and Stationary

(64)   Director of State Water Transport Department

(65)   Chief Chemical Examiner to Government

This amendment shall be deemed to have come into force with effect from 23rd September 1983.

(66)   Director of Civil Supplies

(67)   Director of Coir Development

(68)   Director of Handlooms

This amendment shall be deemed to come in to force with effect from 22nd September 1979.

(69)   Member-Secretary, State Planning Board

Effective from 24th April 1981.

(70)   Principal, Government Homeopathic Medical College, Calicut

Effective from 19th March 1982.

(71)   Director of Homeopathy

Effective from 21st April 1973.

(72)   Director of Publications, Department of Cultural Publications.

Effective from 26th August 1983.

(73)   Director of Archives

Effective from 18th February 1984.

(74)   Director of Rehabilitation

Effective from 6th March 1984.

(75)   Professor-cum-Project Officer, Post Graduate Centre in Ayurveda

Effective from 27th December 1983.

(76)   Special Representative, Kerala House, New Delhi.

Effective from 13th June 1984.

(77)   Chairman, Water Appellate Authority

This amendment shall be deemed to have come into force with effect from 2nd July 1979.

(78)   Tribunal for Disciplinary Proceedings, Trivandrum.

(79)   Enquiry Commissioner and Special Judge, Trivandrum.

(80)   Enquiry Commissioner and Special Judge, Thrissur.

Effective from 10th February 1987.

(81)   The University Appellate Tribunal, Thiruvananthapuram.

Effective from 15th December 1987.

(82)   Director, Kerala Urban Development Project.

Effective from 22nd December 1992.

(83)   Director, Higher Secondary Education.

Effective from 19th March 1994.

(84)   State Librarian, Trivandrum Public Library.

Effective from 9th March 1988.

Note.-- In the case of officers who are not subordinates to any of the above heads of departments, questions which call for disposal by heads of departments should be referred to the Secretary to Government in the department concerned.

 

APPENDIX III

RULES RELATING TO CHARGE OF OFFICE

(Referred to in Rule 23 of Part I)

PART I

Charge of Office

(1)     Unless for special recorded reasons (which must be of a public nature) the authority under whose orders the transfer takes place permits or requires it to be made in any particular case elsewhere, or otherwise, the charge of an office must be made over at its headquarters, both the relieving and the relieved officers being present.

(2)     The condition imposed by this rule that both the relieving and the relieved officers must be present is not enforced in the case of officers who are permitted to combine vacation or gazetted holidays with leave.

(a)      When they are prefixed to leave the outgoing officer will report, before leaving headquarters, or if for urgent reasons the leave is granted during vacation, or holidays, as soon as it is granted that he makes over charge with effect from the end of the vacation or holidays. The relieving officer will then take over charge at the end of the vacation or holidays in the ordinary way.

(b)      When they are affixed to leave the officer to be relieved will make over charge in the ordinary way before the vacation or holidays, the incoming officer on return at the end of the vacation or holidays, taking over charge with effect from the beginning of the vacation or holidays.

(3)     The headquarters of any other officer is either the station which has been declared to be his headquarters by the authority which appoints him, or, in the absence of such declaration, the station where the records of his office are kept.

 

PART II

Leaving Jurisdiction

(1)     No officer (other than a Police Officer acting within his legal powers) is entitled to pay or allowances for any time he may spend beyond the limits of his charge without proper authority.

(2)     Heads of Departments and Heads of Offices may authorise any officer or subordinate under their control to proceed on duty beyond the limits of his charge but within their own jurisdiction.

(3)     The sanction of Government is required for any officer proceeding beyond the limits of the State.

Ruling

This rule will not be applicable to a case where an Officer is summoned to attend a court outside the State. He should, however, inform his controlling officer before he leaves station.

 

APPENDIX IV

RULES REGULATING GRANT OF SPECIAL PAY AND COMPENSATORY ALLOWANCES

[Referred to in Rule 12(31) and Rule 44 of Part I]

In the service rules provision is made for grant of special pay [Rule 12(31), Part I] and compensatory allowances (Rule 44, Part I).

The additional pay and allowances granted to officers under these rules will be sub-divided into the following classes:-

Class I.-- Special pay in this class are assigned to posts to which special responsibility is attached or which involve work of a specially difficult and arduous nature. No special pay of this class will be granted unless the particular duties for which an allowance is claimed so far differ, in kind or in intensity, from those for the performance of which the service in question was recruited, as to justify a special remuneration.

Class II.-- The cardinal rule which the Government have adopted is that every officer to whom a variety of duties is assigned or to whose post a number of duties is attached should carry out those duties without extra remuneration unless they involve more than a reasonable days work. In this respect Government are merely giving effect to Rule 14, Part I.

If the volume of work assigned to an officer is more than a full day's work the most suitable course is either to increase the staff, should the amount of work, justify a fresh whole time appointment, or to redistribute the work among the members of the sanctioned staff. Special pay in this class will be granted only when neither of these alternatives is possible.

The grant of a special pay under this class will be restricted to cases which strictly satisfy the following test:-

If the duties are of a kind outside the normal duties of the service, is in addition to the normal work of the service, which the performance of these duties involve really so material as to justify the grant of a separate remuneration in order to secure the contended discharge of those duties by the staff.

Note.- The allowance sanctioned to the Typists and Stenographers with higher qualification in Typewriting and Shorthand, as the case may be, shall however be treated as 'Special pay' falling under this class.

Government decision No. 1

The Supervisory allowance of Rs. 15 per mensem sanctioned to Head Typists in the scale of pay of Upper Division Typist will be classified as Class II Special Pay under Appendix IV, Kerala Service Rules.

Government decision No. 2

The Supervisory allowance of Rs. 15 per mensem sanctioned to Head Clerks and Head Accountants will be classified as special pay under Appendix IV, Kerala Service Rules.

Class III--[Deleted]

Class IV.-- The localities which have been recognised as hilly to justify special compensatory allowance are:-

(1)     Portions of Devicolom, Peermade, Udumbanchola, Pathanamthitta, Pathanapuram, Nedumangad and Neyyattinkara Taluks referred to in para 1, under 'A Class I Tracts' in Appendix IX.

This amendment shall be deemed to have come into force with effect from 2nd February 1970.

(2)     The hill stations of Chalakudy and Trichur referred to in Appendix IX.

(3)     Omitted with effect from 9th March 1981.

(4)     The Wayanad and Attapady Valley.

Compensatory allowance as specified below shall be granted to officers stationed in the hill stations specified above.

(5)     The area comprising the whole of Idukki Village and the portions of Velliamattom and Arakulam Village in Thodupuzha Taluk having the boundaries specified as item 6 under the heading "A Class I Tracts" in Appendix IX.

This item shall be deemed to have come into force with effect from 9th March 1981.

Explanation:-

(1)     The salary referred to in this paragraph means the salary drawn in the scale of pay as revised on or after 1st July, 1983.

(2)     In the case of those who have opted to remain in the pre-revision scale of pay, the salary for the purpose of determining the compensatory allowance shall be calculated by adding to the pay in the pre-revision scale, the dearness allowance admissible at 488 points indicated in Appendix-II to pay revision G.O. (P) 515/85/Fin., dated 16th September 1985, which was merged in the pay, with effect from 1st July 1983.

Effective from 1st July 1985.

Ruling

The term "Salary" denotes "pay" as defined in Rule 12(23), Kerala Service Rules, Part I.

This amendment shall be deemed to have come into force with effect from 1st January 1966.

Class V.--

Conveyance Allowance.-- When an officer has a large amount of travelling at or within a short distance from headquarters, for which Travelling Allowance is inadmissible under the rules, a permanent conveyance allowance may, under special sanction of the Government in each case, be granted to him which is drawn throughout the year.

An allowance for the maintenance of a conveyance will not be granted unless the amount of travelling that the officer has to

perform, justifies the maintenance of a conveyance by him and the amount of ordinary T.A., which would have been admissible, but for the operation of the 8 kilometres limit, would exceed the amount of the conveyance allowance proposed.

Officers whose pay is

not less than Rs. 400 per mensem may alone be considered for the grant of allowance for the maintenance of a motor car.

Officers whose pay is more than Rs. 150 but less than Rs. 400 may ordinarily be given allowance for maintaining a motor cycle.

Officers of lower status may ordinarily be allowed only a cycle allowance.

Note 1.- If the amount of travelling which an officer of the first category has to perform is such that in the opinion of Government it can be suitably performed with the aid of a conveyance prescribed for the 2nd category the allowance for maintaining such a conveyance only may be given.

Note 2- Similarly, if the amount of travelling which the officers of the second category have to do is such that in the opinion of Government, it can be suitably performed with the aid of a bicycle, the allowance for maintaining a bicycle only may be allowed.

Note 3.- If the amount of travelling that an officer of the third category has to do is so large that in the opinion of Government it cannot be performed with the aid of a bicycle or in case in which it is absolutely necessary, in the interests of work and efficiency, that a motor cycle has to be maintained, allowance for maintaining a motor cycle may be given.

Rates of allowances

The following rates shall not be exceeded:-

(1)     Motor car.-- The ordinary limit will be Rs. 60 per mensem. This may be raised in exceptional cases when the amount of travelling is very large, upto Rs. 75 per mensem. In the case of those whose jurisdiction extends beyond 8 kilometres radius from their headquarters and who get ordinary T.A. also, they will ordinarily be given only Rs. 40 per mensem. But in exceptional cases when the main portion of the work is confined to within 8 kilometres from headquarters the allowance may be increased to Rs. 60 per mensem.

(2)     Motor cycle.-- The ordinary limit will be Rs. 25 per mensem which may be increased upto Rs. 30 in cases where a very large amount of travelling has to be done. If the jurisdiction of the officer extends beyond 8 kilometres radius and the officer gets ordinary T.A. also, the allowances may be limited to Rs. 15 per mensem which may be enhanced to Rs. 20 per mensem if the main portion of the work is confined to within 8 kilometres from headquarters.

(3)     Bicycles.-- A uniform rate of Rs. 5 per mensem is fixed.

(4)     Where full rates without making reduction on the ground that the officers concerned earn ordinary T.A. are granted the conveyance allowance should be forfeited for the days for which ordinary T.A. (D.A. or mileage) is drawn.

Every recommendation made to Government for the grant of a conveyance allowance should contain detailed information regarding the nature of the officer's work, the approximate area of the locality within which the conveyance is to be used and the approximate average amount of travelling which the officer has to perform in a day.

Class VI.--

Miscellaneous.-- The allowances admissible under this class are (a) Uniform allowance, (b) Dhobi allowance (c) Allowance to Medical men to compensate for loss of private practice, (d) Security Allowance, (e) Allowance for higher qualification (f) Allowances granted to officers deputed for training and (g) Other compensatory allowances.

Note.-In cases where the period of training exceeds three months, compensatory allowance will be granted to the different classes of officers deputed for training outside the State at the following rates, namely:-

This amendment shall be deemed to have come into force with effect from 7th June 1986.

Government Decision No. 1

Special pay granted under Classes I and II, Rule 4 of the Madras Manual of Special Pay and Allowances to officers governed by the Fundamental Rules (Madras) should be treated, after their option to Kerala Service Rules as special pay Classes I and II respectively under Appendix IV, Kerala Service Rules.

Government Decision No. 2

The various allowance mentioned below will be classified as shown against each:--

Government Decision No. 3

The Special Allowance Sanctioned to the Police Personnel and the corresponding categories in the Fire Force, Prison, Forest, Excise and Vigilance Department will be classified as compensatory allowance under Class VI. The personnel on deputation to the Departments, Public Sector undertakings etc. will not be entitled to the special allowance. But it will be admissible during periods of leave with allowance for a maximum period of 4 months.

 

APPENDIX IV A

RULES REGULATING THE GRANT OF OVERTIME

ALLOWANCE TO THE STAFF OF DEPARTMENTS

DURING SESSIONS OF THE LEGISLATIVE

ASSEMBLY

(Vide Rule 14, Part I)

(1)     The allowance will be given to such of the staff in the following departments who are required to sit for overtime duty during the sessions of the Legislative Assembly at the rates sanctioned by Government by general or special orders issued from time to time subject to the conditions specified in Rules 2 to 6:-

(i)       Stationery Department

(ii)      Legislature Secretariat

(iii)     Law Department

(iv)    Public Relations Department

(v)      Radio Wing and Electrical Wing of the Public Works Department

This Rule shall be deemed to have come into force with effect from 28th March, 1983.

(2)     A person will be eligible for overtime allowance only if he has been on duty on a working day for a minimum period of two hours before 10 a.m. or after 5.00 p.m. or for a minimum period of 3 hours on an intervening holiday during the Assembly Session.

(3)     Such members of the staff whose presence may be necessary in the interests of work shall be specifically required in writing by the Head of Department/Office or by his immediate subordinate Gazetted Officer to attend office earlier and/or to stay longer or to attend office on holiday. Only individuals who have been so directed will be eligible for overtime allowance.

(4)     The following certificate will be signed by the drawing officer in the bills claiming overtime allowance-

"Certified that Sri................ .............. was required under specific orders to sit late in office/to attend office early on..........................or to attend office on Sunday/............................holiday and was detained from.......... ......a.m. to ....................... a.m./p.m. ....................to ...................p.m. for disposal of urgent work relating to the Legislative Assembly.

Also certified that the amount claimed by Sri..........................is in accordance with the rates prescribed in the rules in Appendix IV A of the Kerala Service Rules."

(5)     Members of the staff who are eligible for allowance in accordance with these rules will not be eligible for any other additional remuneration, conveyance/hire charges or compensation leave for the performance of the same duties.

(6)     The allowance will be classified as 'honorarium' and will be drawn in establishment/salary bills. In the case of Gazetted Officers, the allowance will be authorised by the Accountant General on certificates furnished by the Head of Department/Office or by his immediate subordinate Gazetted Officer.

(7)     A register showing details of overtime work done, allowance paid therefore, etc., will be maintained in Form No. 14.

Effective from 11th June 1963.

 

APPENDIX V

LIST OF RECOGNISED *TUBERCULOSIS, LEPROSY AND

CANCER INSTITUTIONS AND MENTAL HOSPITALS FOR PURPOSES OF GRANT OF EXTRA ORDINARY LEAVE TO OFFICERS NOT IN PERMANENT EMPLOY

(Referred to in Note 3 under Rule 90 of Part I)

PART I

Tuberculosis Institutions

(a)      Within Kerala

(1)     K.V. Sanatorium, Mulankunnathukavu

(2)     T.B. Sanatorium, Pariyaram

(3)     T.B. Centre, Trivandrum.

(4)     T.B. Hospital, Pulayanarkottah.

(5)     T.B. Clinic, Palluruthy

(6)     Do. Kottayam.

(7)     Do. Trichur

(8)     Do. Kozhikkode

(9)     T.B. Seal Ward, Alleppey

(10)   Do. Ayyampally

(11)   Do. Alwaye

(12)   Do. Palluruthy

(13)   Do. Chittoor.

(14)   T.B. Clinic, Alleppey

(15)   Do. Karunagappally

(16)   Do. Palghat

(17)   Do. Muvattupuzha

(18)   Do. Cannanore

(19)   Do. Kozhencherry

(20)   Do. Kottarakkara G.O.

(21)   T.B. Clinic, Karuvatta

(22)   T.B. diagnostic Centre, Quilon

(23)   T.B. Isolation Ward, District Hospital, Palghat.

(24)   Do. Cannanore

(25)   Do. Government Hospital, Chirayinkil

(26)   T.B. Seal Ward, Muvattupuzha

(27)   Do. Palai

(28)   Do. Chengannur

(29)   Do. Kozhencherry

(30)   Do. Chalakkudy

(31)   Do. Mavelikkara

(32)   Do. Changanacherry

Do. Mannarghat

(b)      Outside Kerala

(1)     Madar Union Sanatorium, Madar, Ajmer, Merwara.

(2)     Reid Provincial Sanatorium, Shillong

(3)     Municipality Tuberculosis Hospital, Civil and Military Station, Bangalore.

(4)     Government Tuberculosis Sanatorium, Bangalore Cantt.

(5)     S.B. Dey Sanatorium, Kurseong

(6)     Jadabpur Tuberculosis Hospital, Jadabpur

(7)     Itki Sanatorium, Itki.

(8)     Turner Sanatorium, Bhoiwada Hill, Parel, Bombay.

(9)     The Bel-Air Sanatorium, Delkeith, Panchgani

(10)   Hillside Sanatorium, Gengurla

(11)   The Salvation Army Tuberculosis Hospital, Anand, District Kaira

(12)   Wanless Tuberculosis Sanatorium, Wanlesswadi, District Satara

(13)   Pendra Road Sanatorium, Pendra Road, Madhya Pradesh

(14)   The Nagpur Tuberculosis Clinic, New Delhi

(15)   Silver Jubilee Tuberculosis Hospital, Kingsway, Delhi

(16)   The New Delhi Tuberculosis Clinic, New Delhi

(17)   Union Mission Tuberculosis Sanatorium, Arogyavaram.

(18)   Visrantipuram Sanatorium, Rajamundry

(19)   Government Tuberculosis Sanatorium, Tambaram, Madras.

 

LIST OF RECOGNISED TUBERCULOSIS, LEPROSY AND CANCER INSTITUTIONS AND MENTAL HOSPITALS FOR PURPOSES OF GRANT OF EXTRAORDINARY LEAVE TO OFFICERS NOT IN PERMANENT EMPLOY

(20)   Coimbatore District Jubilee Tuberculosis Sanatorium, Perundurai

(21)   Government Tuberculosis Hospital, Royapettah, Madras City.

(22)   The King Edwrd Sanatorium, Dharombur (Simla Hills)

(23)   Lady Irwin Tuberculosis Sanatorium, Jubar

(24)   Lady Linlithgow Sanatorium, Kassuli

(25)   Raj Bahadur Sir Gujarmal Kesradevi Tuberculosis Sanatorium, Amritsar

(26)   King Edward VII Sanatorium, Bhowali.

(27)   Tuberculosis Clinic attached to the Calcutta Medical College, Calcutta.

(28)   Shree Padmavatidevi Sanatorium, Baroda City.

(29)   Ganga Golden Jubilee Tuberculosis Dispensary and Hospital, Bikaner

(30)   Tuberculosis Hospital, Lingamapalli, Hyderabad.

(31)   Princes Krishna Jammanni Sanatorium, Mysore City

(32)   Tuberculosis Hospital, Nagercoil, Madras State

(33)   Tuberculosis Government Hospital, Kanchrapra

(34)   The Tuberculosis Department of the Government Headquarters Hospital, Trichinopoly.

(35)   Rajaji Tuberculosis Sanatorium, Trichinopoly

(36)   Santosham Memorial Tuberculosis Sanatorium, Tambaram, Madras.

(37)   The Municipal Tuberculosis Dispensary, Civil and Military Station, Bangalore

(38)   The Kasturba Tuberculosis Clinic and Hospital, Lucknow.

(39)   Government Tuberculosis Institute, Madras

(40)   Government Headquarters Hospital, Coimbatore

(41)   Government Headquarters Hospital, Tanjore

(42)   Government Erskine Hospital, Mathurai

(43)   Government King George Hospital, Visakhapatnam.

(44)   Government General Hospitals, Madras.

(45)   Government Wellesley Tuberculosis Sanatorium, Bellary.

(46)   Telegaon General Hospital and Convalescent Home, Telegaon (Dabhade—District Poona)

(47)   Victoria Jubilee Hospital, Amritsar

(48)   King George Medical College Hospital, Lucknow.

(49)   Patna Medical College Hospital

(50)   Tuberculosis Clinic, Jubbulpoor

(51)   Tuberculosis clinic, Queens Road, Delhi

(52)   Ramakrishna Mission Free Tuberculosis Clinic, Karol Bagh, Delhi

(53)   Group of Hospital for Tuberculosis, Bombay

(54)   Central T.B. Clinic, Kanpur

(55)   Hospital for Diseases of the Chest Camp, Aundh, Poona

(56)   K.M.R. Bangu T.B. Sanatorium, Digri, Midnapur

(57)   Government T.B. Clinic, Mandi

(58)   Himachal Pradesh Sanatorium, Mandhodhar, Near Dharambur

(59)   Karnataka Health Institute, Hospital and Sanatorium, Ghataprabha (Belgaum District)

(60)   V.C. Nath T.B. Sanatorium, Bharatpur

(61)   Ramakrishna Mission T.B. Sanatorium, Ranchi (Bihar)

(62)   Sriram Chandra Bhanji Medical College Hospital, Cuttack

(63)   T.B. Sanatorium, Dakpathan (District Dehra Dum)

(64)   T.B. Sanatorium, Jaipur

(65)   T.B. Clinic, Jodhpur

(66)   M.G. Hospital, Jodhpur

(67)   T.B. Hospital, Iramumna

(68)   T.B. Sanatorium, Vikarabad (Anathgiri)

(69)   T.B. Clinic, Dapirpura.

(70)   T.B. Clinic, Patiala, Punjab

(71)   Hardinge Sanatorium, Dharampur (Simla Hills)

(72)   K.J. Mehta T.B. Hospital, Amargadh (via. Songadh), Bombay

(73)   T.B. Ward, J.A. Hospital, Gwalior, Madhya Pradesh

(74)   T.B. Wards, M.T. Hospital, Indore, Madhya Pradesh

(75)   T.B. Sanatorium, Rao Indore, Madhya Pradesh

(76)   S.D.S. Sanatorium, Bangalore

(77)   T.B. Clinic, Allahabad

(78)   The Coimbatore Tuberculosis Sanatorium, Peelamedu P.O., Avanashi Road, Coimbatore

(79)   Lala Ram Sarup Tuberculosis Hospital, Mehrauli (Delhi)

(80)   Rocky Mount Sanatorium, Ara P.G. Mankum (near Ranchi)

(81)   Mahatma Gandhi Memorial T.B. Sanatorium, Sangipa, Tanjore District

(82)   Medical Ward (T.B.) attached to the R.G. Ker Medical College Hospital, Calcutta

(83)   T.B. Hospital, Uditnarayanbur (near Bhowani, Patna, Orissa)

(84)   Brij Sewa Samiti T.B. Sanatorium, Vrindaban (Mathura)

 

LIST OF RECOGNISED TUBERCULOSIS, LEPROSY AND CANCER INSTITUTIONS AND MENTAL HOSPITALS FOR PURPOSES OF GRANT OF EXTRAORDINARY LEAVE TO OFFICERS NOT IN PERMANENT EMPLOY

(85)   The Government Welfare Fund T.B. Hospital, Nellore (Andhra)

(86)   Bhabendra Bala Chest Clinic, Serampore (West Bengal)

(87)   T.B. Clinic, Chemba

(88)   C.D. Hospital, Srinagar

(89)   C.D. Hospital, Jammu

 

PART II

Leprosy Institutions

(a)      Within Kerala

(1)     Leprosy Sanatorium, Noornad

(2)     Leprosy Sanatorium, Koratty

(3)     Leprosy Treatment Centre, Kayamkulam

(4)     Leprosy Treatment Centre, Haripad

(5)     Leprosy Subsidiary Centre, Ponnani

(6)     Leprosy Subsidiary Centre, Baliapatam

(7)     Mission Leprosy Sanatorium, Chevayur

(8)     The Poor Home Society Leprosy Home, Kozhikkode.

(b)      Outside Kerala

(1)     Bethesad Leprosy Hospital, Nerespur, West Godavary District

(2)     The Salvation Army Leprosy Hospital, Babatla, Guntur District

(3)     Leprosy Hospital, Keserapalla, Krishna District

(4)     Leprosy Hospital, Salure, Srikakulam District

(5)     Leprosy Home, Vizianagram, Vishakapatnam District

(6)     Leprosy Home and Hospital, Ramachandrapuram (East Godavari District)

(7)     A.L.C. Mission Leprosy Hospital, Kodur, Cuddapah District

(8)     Leprosy Clinic, Karwan

(9)     Leprosy Hospital, Dichpally

(10)   Leprosy Colony, Zeheerbad

(11)   Leprosy Colony, Narayanpet

(12)   Santipara Leprosy Colony, P.O. Bengaingaon (Goalpara District)

(13)   Christian Leprosy Colony, P.O. Barpheta, Jorhat

(14)   Seldeha Leper Colony (Santhal Parganas)

(15)   The Acworth Leprosy Home and Clinic, Vadaia Bombay No. 31

(16)   The Leprosy Hospital, Sholapur

(17)   The Sasson Hospital, Poona (O.P.D.)

(18)   The Leprosy Hospital, Polarpur (District Kolaba)

(19)   The Anti-Leprosy Clinic, Ambewadi South, Satara District

(20)   The Shenda Park Leprosy Colony, Kolhapur

(21)   The Kegrapeth Leprosy Hospital, Ahmedabad

(22)   Leprosy Colony, Osmanbad

(23)   Kothara Leprosy Home, P.O. Achalpur (District Amarvathi)

(24)   Jagadamba Kustha Nivar, Amarvati

(25)   Dattabur Leprosy Colony, P.O. Nalwadi (District Wardha)

(26)   Leprosy Colony, Warora, District Chanda.

(27)   Isolation Colony, Kashikhed P.O., Dhamangaon, District Amarvati

(28)   Leper Asylum, Adhewada, Bhavangar

(29)   Leper Clinic, Punagadh

(30)   Government Leprosy Hospital, Schore

(31)   Leprosy Home, Banganga, Indore

(32)   Leprosy Home, Ujjain

(33)   Leprosy Home, Rajgarah

(34)   Henderson Memorial Leper Home, Dhar

(35)   Chandkhuri Leprosy Home and Hospital, P.O. Baitapur (District Bilaspur)

(36)   Bethesda Leprosy Asylum, Champa (District Bilaspur)

(37)   Shantipur Leprosy Asylum, P.O. Shantipur (District Rajpur)

(38)   Rajnandgaon Leprosy Home and Clinic, District Durg

(39)   Government Leprosy Home and Hospital, Raipur

(40)   Brehepada Leprosy colony, Narayanapur (District Bastar)

(41)   Chittalanka Leprosy Colony, Dartewara, (District Bastar)

(42)   Government Lady Willingdon Leprosy Sanatorium, Tirumani, Chingelput

(43)   Government Children's Leprosy Sanatorium, Madras.

(44)   St. Mary's Leprosy Hospital, Kumbakonam (Tanjore District)

(45)   Dayapuram Leprosy Hospital and Home, Manamadura (Ramanad District)

(46)   Kasturba Gandhi Kusta Nivarana Nilayam, Mazhavanthangal (South Arcot District)

(47)   St. Joseph's Leprosy Home, Tuticorin (Tirunelveli District)

(48)   Government Leprosy Treatement Unit, Tirukoilur Leprosy Colony, Imphal.

(49)   Government Leper Asylum, Magadi Road, Bangalore.

(50)   The Silver Jubilee Leprosy Hospital, Sankeshwar (District Belgaum)

(51)   The Leprosy Hospital, Hindaalgi (District Belgaum)

 

LIST OF RECOGNISED TUBERCULOSIS, LEPROSY AND CANCER INSTITUTIONS AND MENTAL HOSPITALS FOR PURPOSES OF GRANT OF EXTRAORDINARY LEAVE TO OFFICERS NOT IN PERMANENT EMPLOY

(52)   St. Josheph’s Leporsy Hospital and Asylum, Kankaredy (South Kanara District)

(53)   Leprosy Home and Hospital, Cuttack

(54)   Leprosy Asylum, Baripada

(55)   Leprosy Hospital, Subatu

(56)   Leprosy Home, Palampur (Kangra District)

(57)   Leprosy Clinic attached to V.M. Hospital, Agart

(58)   Naini Leprosy Hospital and Home, Naini (Allahabad)

(59)   Leprosy Hospital under the Gandhi Memorial and Associated Hospital, Lucknow

(60)   Maclaren Leper Hospital, Dehradun

(61)   Srimati Bhagwan Dei Leper Hospital, Kanpur

(62)   Leprosy Home and Hospital, Almora

(63)   Leprosy Home and Hospital, Chaudag, Almora District

(64)   Skin and V.D. Dept., S.N. Hospital, Agra

(65)   Leprosy Home and Hospital, Zamuratgang, Faizabad

(66)   Skin Dispensary, K.E. Hospital, Banares

(67)   The State Leper Hospital, Baharaich

(68)   Gouripore Leprosy Colony, Bankura

(69)   Leprosy Home, Bankura

(70)   Silda Leprosy Clinic, Midnapure

(71)   Griffiths Leprosy Colony, Midnapur

(72)   Municipal Charitable Leprosy Clinic, Burdwan

(73)   Asansol Leprosy Settlement, Asansol

(74)   Raniganj Leprosy Home, Burdwan District

(75)   Krishnagar Leprosy Clinic, Nadia District

(76)   Leprosy Clinic, Howrah

(77)   Behrampore Leprosy Clinic, Murshidabad District

(78)   Kalimpong Leprosy Colony, Darjeeling District

(79)   Alber Victor Leprosy Hospital, Calcutta

(80)   Leprosy Outpatient Dept., School of Tropical Medicine, Calcutta

(81)   Premananda Leprosy Clinic, Maniktala

(82)   Premananda Leprosy Clinic, Kalighat

(83)   Sriniketan Leprosy Clinic, Birhum District

(84)   Purutia Leper Asylum (Manbhum District)

 

APPENDIX VI

RULES FOR THE GRANT OF STUDY LEAVE TO OFFICERS

(Referred to in Rule 99 of Part I)

The following rules relate to study leave only. They are not intended to meet the case of officers deputed to other countries at the instance of Government either for the performance of special duties imposed on them or for the investigation of specific problems connected with their technical duties. Such cases will be dealt with on their merits under the provisions of the relevant rules and it will be for the Government to decide on the recommendation of the Head of the Department whether an officer shall be placed on deputati on or granted study leave in accordance with the following rules:

(1)     Conditions for grant of study leave.--

(1)     Subject to the conditions specified in these rules, study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo in or out of India a special course of study consisting of higher studies or specialised training in a professional or a technical subject having a direct and close connection with the sphere of his duties.

(2)     Study leave may also be granted--

(i)       for a course of training or study tour in which a Government servant may not attend a regular academic or semi academic course if the course of training or the study tour is certified to be of definite advantage to Government from the point of view of public interest and is related to the sphere of duties of the Government servant; and

(ii)      for the purpose of studies connected with the frame work of background of public administration; subject to the condition that the Government servant should be required to submit on his return a full report on the work done by him while on study leave.

(iii)     for the studies which may not be closely or directly connected with the work of a Government servant, but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant and to equip him better to collaborate with those employed in other branches of the public service.

(3)     Study leave shall not be granted unless--

(i)       the proposed course of study or training shall be of definite advantage from the point of view of public interest,

(ii)      it is for prosecution of studies in subjects other than academic or literary subjects, and

(iii)     the Economic Affairs Department of the Ministry of Finance agrees to the release of foreign exchange involved in the grant of study leave, if such leave is outside India.

(4)     Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate facilities exist in India.

(5)     Study leave may be granted to a Government servant only if he has rendered not less than five years' service under the Government and is not due to retire and has not got the option to retire from Government service within three years of the date of which he is expected to return to duty after the expiry of the leave.

(6)     Study leave shall not be granted to a Government servant with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave.

(2)     Authority competent to sanction study leave.--

(1)     Study leave shall be sanctioned only by the Government.

(2)     Where a Government servant borne permanently on the cadre of one department or establishment is serving temporarily in another department or establishment, the grant of study leave to him shall be subject to the conditions that:

(i)       no substitute shall be appointed to carry on his work in his absence; and

(ii)      the concurrence of the department or the establishment to which he is permanently attached is obtained before leave is granted.

(3)     Maximum amount of study leave that may be granted at a time and during the entire service.--

The maximum amount of study leave, which may be granted to a Government servant shall be--

(i)       ordinarily twelve months at any one time, which shall not be exceeded save for exceptional reasons; and

(ii)      24 months (inclusive of study leave granted under any other rules) in all during his entire service.

(4)     Combination of study leave with leave of other kinds.--

(1)     Study leave may be combined with other kinds of leave but in no case shall the grant of this leave in combination with leave other than leave without allowances involve a total absence of more than twenty-eight months from the regular duties of the Government servant.

(2)     A Government servant granted study leave in combination with any other kind of leave may, if he so desires, commence his study before the end of the other kind of leave but the period of such leave coinciding with the course of study shall not count as study leave.

Note.- The limit of twenty-eight months of absence prescribed in sub-rule (1) includes the period of vacation.

(5)     Regulation of study leave extending beyond course of study.--

When the course of study falls short of study leave sanctioned, the Government servant shall resume duty on the conclusion of the course of study, unless the previous assent of the Government to treat the period of short-fall as ordinary leave has been obtained.

(6)     Grant of study allowance.--

A study allowance shall be granted for the period spent in prosecuting definite course of study at a recognised institution or in any definite tour or inspection of any special class of work, as well as for the period covered by any examination at the end of the course of study.

(7)     Period for which study allowance may be granted.--

The period for which study allowance may be granted shall not exceed twenty-four months in all.

(8)     Rate of study allowance.--

(1)     The rates of study allowance shall be as follows but may be revised from time to time:

(2)     The rates of study allowance to be granted to a Government servant who takes study leave in other countries shall be such as may specially be determined by the Government in each case.

(3)     In cases where a Government servant is on study leave at the same place as his place of duty, the leave salary plus the study allowance shall not together exceed the pay that he would have otherwise drawn had he been on duty.

(9)     Conditions governing grant of study allowance.--

(1)     Study allowance may be paid at the end of every month provisionally subject to an undertaking in writing being obtained from the Government servant that he would refund to Government any overpayment consequent on his failure to produce the required certificate of attendance or otherwise.

(2)     A Government servant may be allowed to draw study allowance for the entire period of vacation during the course of study subject to the conditions that--

(i)       he attends during vacation any special course of study or practical training under the direction of the Government; or

(ii)      in the absence of any such direction, he produces satisfactory evidence before the Head of Mission that he has continued his studies during the vacation.

Note.- "Head of Mission" means Ambassador, Charge 'D' Affairs, Minister, Counsel-General, High Commissioner and any other authority declared as such by the Central Government in the country in which the Government servant undergoes a course of study or training.

(3)     No study allowance shall be drawn during vacation falling at the end of a course of study except for a maximum period of fourteen days.

Note.- The period of vacation during which study allowance is drawn shall be taken into account in calculating the maximum period of twenty-four months for which study allowance is admissible.

(4)     Study allowance shall not be granted for any period during which the Government servant interrupts his course of study to suit his own convenience:

Provided that the Government in a case where the study leave is taken in India or a country where there is no Indian Mission and the Head of Mission in other cases, may authorise the grant of study allowance for any period not exceeding fourteen days at a time during which the Government servant is prevented by sickness from pursuing his course of study.

(5)     In the case of a definite course of study at a recognised institution, the study allowance shall be payable by the Government, if the study leave availed of is in India or in a country where there is no Indian Mission, and by the Head of Mission in other cases, on claims submitted by the Government servant from time to time, supported by the proper certificates of attendance.

(6)     The certificate of attendance required to be submitted in support of the claims for study allowance shall be forwarded at the end of the term, if the Government servant is undergoing study in an educational institution, or at intervals not exceeding three months, if he is undergoing study at any other institution.

(7)     When the programme of study approved does not include, or does not consist entirely of such a course of study, the Government servant shall submit to the Government direct or through the Head of Mission a diary showing how his time has been spent and a report indicating fully the nature of the methods and operations which have been studied and including suggestions as to the possibility of adopting such methods or operations to conditions obtaining in India. The Government shall decide whether the diary and report show if the time of the Government servant was properly employed and shall determine accordingly for what periods study allowance may be granted.

(8)     (i) In the case of Government servant who holds a gazetted post, the payment of study allowance at the full rate shall be subject to the production of a certificate to the effect that he is not in receipt of any scholarship/stipend or any other remuneration in respect of any part-time employment, and

(ii) In the case of a Government servant who does not hold a gazetted post, such a certificate as is referred to in clause (i) of this sub-rule shall be obtained from him by the drawing officer and the same shall be enclosed along with the bill for the drawal of study allowance.

(10)   Grant of study allowance to Government servants in receipt of scholarship or stipend.--

A Government servant, who is granted study leave, may be permitted to receive and retain, in addition to his leave salary any scholarship or stipend that may be awarded to him from a Government or non-Government source. Such a Government servant shall ordinarily not be granted any study allowance; but in cases where the net amount of the scholarship or stipend (arrived at by deducting the cost of fees paid by the Government servant, if any, from the value of the scholarship or stipend) is less than the study allowance that would be admissible but for the scholarship or stipend the difference between the value of the net scholarship or stipend and the study allowance may be granted by the Government.

(11)   Grant of study allowance to Government servant who accept part-time employment during study leave.--

If a Government servant, who is granted study leave, is permitted to receive and retain, in addition to his leave salary, any remuneration in respect of a part-time employment he shall ordinarily not be granted any study allowance; but in cases where the net amount of remuneration received in respect of the part-time employment (arrived at by deducting from remuneration any cost of fees paid by the Government servant) is less than the study allowance that would be admissible but for the remuneration the difference between the net remuneration and the study allowance may be granted by the Government.

(12)   Allowance in addition to study allowance.--

No allowance of any kind other than the study allowance or the Travelling Allowance where specially sanctioned under Rule 13 shall be admissible to a Government servant in respect of the period of study leave granted to him.

(13)   Grant of Travelling Allowance.--

A Government servant shall not ordinarily be paid Travelling Allowance; but the Government may in exceptional circumstances sanction the payment of such allowance.

(14)   Cost of fees for study.--

A Government servant granted study leave shall ordinarily be required to meet the cost of fees paid for the study but in exceptional cases the Government may sanction the grant of such fees:

Provided that in no case shall the cost of fees be paid to a Government servant who is in receipt of scholarship or stipend from whatever source or who is permitted to receive or retain in addition to his leave salary, any remuneration in respect of part-time employment.

(15)   Execution of a bond.--

(1)     Every Government servant in permanent employ who has been granted study leave or extension of such leave shall be required to execute a bond as given in Annexure A or Annexure A1, as the case may be, before the study leave or extension of such leave granted to him commences. If study leave or extension of such leave is granted to a Government servant not in permanent employ, the bond shall be executed as given in Annexure B or Annexure B1 as the case may be.

(2)     A certificate to the effect that the Government servant has executed the requisite bond shall be sent to the Accountant General.

Note.-- The actual amount of leave salary, study allowance, cost of fees, travelling and other expenses, if any, to be incurred by the Government and drawn by him for the period of study leave (together with interest thereon) shall be prescribed as sum payable to Government.

This amendment shall be deemed to have come into force with effect from 17th November 1969.

(16)   Resignation and retirement.--

(1)     If a Government servant resigns or retires from service without returning to duty after a period of study leave or within a period of three years after such return to duty, he shall be required to refund the actual amount of leave salary, study allowance, cost of fees, travelling and other expenses, if any, incurred by the Government drawn by him for the period of study leave, together with interest thereon at Government rates for the time being in force on Government loans from the date of demand before his resignation is accepted or permission to retire is granted:

Provided that the Government may order that nothing in this rule shall apply to a Government servant who, on return to duty from study leave, is permitted to retire from the service on medical grounds.

(2)     The study leave availed of by such a Government servant shall be converted into regular leave standing at his credit on the date on which the study leave commenced, any regular leave taken in continuation of study leave being suitably adjusted for the purpose and the balance of the period of study leave, if any, which cannot be so converted, treated as leave without allowances. In addition to the amount to be refunded by the Government servant under sub-rule (1), he shall be required to refund any excess of leave salary actually drawn over the leave salary admissible on conversion of the study leave.

(3)     Notwithstanding anything contained in this rule, the Government may, if it is necessary or expedient so to do, either in public interest or having regard to the peculiar circumstances of the case or class of cases, by order, waive or reduce the amount required to be refunded under sub-rule (1) by the Government servant concerned or class of Government servants.

(17)   Leave salary during study leave.--

During study leave a Government servant shall draw leave salary equal to the amount admissible during half pay leave under Rule 93, Part I, Kerala Service Rules.

Ruling

An officer on study leave is not eligible for dearness allowance.

(18)   Commencement of a course of study during leave other than study leave.--

A Government servant, may, subject to the approval of the proper authority being obtained as required under paragraph I of Annexure C to these rules undertake or commence a course of study during earned leave and subject to Rules 6 to 13 and 16, draw study allowance in respect thereof.

(19)   Counting of study leave for promotion, pension, seniority, leave and increments.--

(1)     Study leave shall count as service for promotion, pension and seniority. It shall also count as service for increments in the post in which the Government servant would have continued but for going on study leave.

(2)     The period spent on study leave shall not count for earning leave other than half pay leave.

(20)   Debiting of study leave to the leave account.--

Study leave shall be treated as extra half pay leave and shall not be taken into account in reckoning the aggregate amount of half pay leave taken by the Government servant towards the maximum period admissible.

(21)   Procedure for making application for study leave and grant of such leave.--

The procedure for making application for study leave and grant of such leave shall be as laid down in the Procedural Instructions given in Annexure C to these rules.

 

ANNEXURE A

(See Rule 15, Part I)

BOND FOR PERMANENT GOVERNMENT SERVANT PROCEEDING ON STUDY LEAVE UNDER THE STUDY

LEAVE RULES CONTAINED IN APPENDIX VI TO THE KERALA SERVICE RULES.

KNOW ALL MEN BY THESE PRESENTS THAT I…............ resident of …... ….................. in the District of …................... at present employed as …................... …......in the Office of ….....................do hereby bind myself and my heirs, executors and administrators to pay to the Governor of Kerala (hereinafter called “the Government”) on demand the sum of Rs…....... (Rupees ......) together wit“ interest ther”on from the date of demand at Government rates for the time being in force on Government loans, or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER WITH all costs between attorney and client and all charges and expenses that shall or may have been incurred by the Government.

Signed and dated this …................. day of …................. one thousand nine hundred and …................

Signature …...................

Witnesses:-

(1)

(2)

WHEREAS, I …..............am granted study leave by Government:

AND WHEREAS for the better protection of the Government I have agreed to execute this bond with such condition as hereunder is written:

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my resigning or retiring from service without returning to duty after the expiry or termination of the period of study leave or at any time within a period of three years after my return to duty I shall forthwith pay to the government or as may be directed by the Government on demand the said sum of Rs. …...... (Rupees …..............) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

And upon my not making such payment all sums found due to the Government under or by virtue of this bond shall be recoverable from me and my properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of land revenue or in such other manner as the Government may deem fit.

The Government of Kerala have agreed to bear the stamp duty payable on this bond.

Signed and delivered by

 ….................. in the presence of

Witness:-

(1)

(2)

ACCEPTED

for and on behalf of the Governor of Kerala.

 

ANNEXURE A-1

(See Rule 15)

BOND FOR PERMANENT GOVERNMENT SERVANTS GRANTED EXTENSION OF STUDY LEAVE

KNOW ALL MEN BY THESE PRESENTS THAT I.......................... resident of ..................... in the District of ....................... at present employed as ................ in the Office of................ do hereby bind myself and my heirs, executors and administrators to the Governor of Kerala (hereinafter called "the Government") on demand the sum of Rs. .......... (Rupees...............) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all costs between attorney and client and all charges and expenses that shall or may have been incurred by the Government.

Singed and dated this ................ day of ................ one thousand nine hundred and ...................

WHEREAS I ................ was granted study leave by Government for the period from ................ to ................ in consideration of which I executed a bond dated ........... for Rs. ................ (Rupees ..............) in favour of the Governor of Kerala;

AND WHEREAS the extension of study leave has been granted to me at my request until ...................

AND WHEREAS for the better protection of the Government I have agreed to execute this bond with such conditions as hereunder is written;

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my resigning or retiring from service without returning to duty after the expiry or termination of the period of study leave so extended, or at any time within a period of three years after my return to duty I shall forthwith pay to the Government or as may be directed by the Government on demand the said sum of Rs. ....... (Rupees ...............) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

And upon my not making such payment all sums found due to the Government under or by virtue of this bond shall be recoverable from me and my properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of land revenue or in such other manner as the Government may deem fit.

The Government of Kerala have agreed to bear the stamp duty payable on this bond.

Signed and delivered by ............... in the presence of

Witnesses:-

(1)

(2)

ACCEPTED

for and on behalf of the Governor of Kerala.

 

ANNEXURE B

(See Rule 15)

BOND FOR TEMPORARY GOVERNMENT SERVANTS

PROCEEDING ON STUDY LEAVE UNDER THE

STUDY LEAVE RULES CONTAINED IN

APPENDIX VI TO THE KERALA

SERVICE RULES

KNOW ALL MEN BY THESE PRESENTS THAT WE …... resident of …...in the district of …...at present employed as …......... in the Office of …............(hereinafter called “ the obligor”) and Sri …............. son of …..............of …................and Sri ….......... Son of …............... of …............... (hereinafter called “the sureties”) do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators to pay to the Governor of Kerala (hereinafter called “the Government”) on demand the sum of Rs. ….......... (Rupees …...................) together with interest thereon from the date of demand at Government rates for the time”being in force on Government loans or if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all costs between attorney and client and all charge and expenses that shall or may have been incurred by the Government.

Signed and dated this ….............. day of …................ one thousand nine hundred and …....................

Signature of the obligor …..................

Sureties

(1)

(2)

Witnesses:-

(1)

(2)

WHEREAS the obligor is granted study leave by the Government;

AND WHEREAS for the better protection of the Government the obligor has agreed to execute this bond with such condition as hereunder is written;

AND WHEREAS the said sureties have agreed to execute this bond as sureties on behalf of the above bounden….................

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the obligor Sri …......... resigning from service without returning to duty after the expiry or termination of the period of study leave or at any time within a period of three years after his return to duty the obligor and the sureties shall forthwith pay to the Government or as may be directed by the Government on demand the said sum of Rs. ….........… (Rupees …......) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

The obligor and the sureties doth hereby further agree that all sums found due to the Government under or by virtue of this bond shall be recoverable jointly and severally from them and their properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force, as though such sums are arrears of land revenue or in such other manner as the Government may deem fit.

PROVIDED ALWAYS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted or by any forbearance, act or omission of the Government or any person uthorized by them (whether with or without the consent or knowledge of the sureties) nor shall it be necessary for the Government to sue the obligor before suing the sureties Sri. …........................and Sri ..........…......…….. or any of them for amounts due hereunder.

The Government of Kerala have agreed to bear the stamp duty payable on this bond.

Signed and delivered by the obligor above-named Sri….......................... in the presence of …................................

Signed and delivered by the surety above-named Sri …............................. in the presence of ….........................

Signed and delivered by the surety above-named Sri….......................... in the presence of ….............

ACCEPTED

for and on behalf of the Governor of Kerala.

 

ANNEXURE B-1

(See Rule 15)

BOND FOR TEMPORARY GOVERNMENT SERVANTS GRANTED EXTENSION OF STUDY LEAVE

KNOW ALL MEN BY THESE PRESENTS THAT WE ........................ resident of .................... in the District of ............... at present employed as ........ .......... in the Office of .................. (hereinafter called "the obligor") and Sri.............................. son of .................... of ....................... and Sri. ............................ son of ............................. of .................... (hereinafter called the sureties) do hereby jointly and severally bind ourselves and our respective heirs, executors and administrators to pay to the Governor of Kerala (hereinafter called "the Government") on demand the sum of Rs. ............ (Rupees ...............) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans or, if payment is made in a country other than India, the equivalent of the said amount in the currency of that country converted at the official rate of exchange between that country and India AND TOGETHER with all costs between attorney and client and all charges and expenses that shall or may have been incurred by the Government.

Signed and dated this ................ day of ................ one thousand nine hundred and ................

WHEREAS the obligor was granted study leave by the Government for the period from ............. to ............. in consideration of which he executed a bond dated .............. for Rs. ............ (Rupees................) in favour of the Governor of Kerala.

AND WHEREAS the extension of study leave has been granted to the obligor at his request until .................

AND WHEREAS for the better protection of the Government the obligor has agreed to execute this bond with such condition as hereunder is written;

AND WHEREAS the said sureties have agreed to execute this bond as sureties on behalf of the above bounden................

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the obligor Sri ....................... resigning from service without returning to duty after the expiry or termination of the period of study leave so extended or at any time within a period of three years after his return to duty the obligor and the sureties shall forthwith pay to the Government or as may be directed by the Government on demand the said sum of Rs. ........... (Rupees ..................) together with interest thereon from the date of demand at Government rates for the time being in force on Government loans.

The obligor and the sureties doth hereby further agree that all sums found due to the Government under or by virtue of this bond shall be recoverable jointly and severally from them and their properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force, as though such sums are arrears of land revenue or in such other manner as the Government may deem fit.

PROVIDED ALWAYS that the liability of the sureties hereunder shall not be impaired or discharged by reason of time being granted or by any forbearance, act or omission of the Government or any person authorised by them (whether with or without the consent or knowledge of the sureties) nor shall it be necessary for the Government to sue the obligor before suing the sureties Sri........................... and Sri.................. or any of them for amounts due hereunder.

Government of Kerala have agreed to bear the stamp duty, payable on this bond.

IN WITNESS WHEREOF ................ the Government servant above-named has signed these presents the day, month and year first above written.

Signed, sealed and delivered by

........ in the presence of:

1.

2.

ACCEPTED

for and on behalf of the Governor of Kerala, by .............

 

ANNEXURE C

(See Rule 15)

PROCEDURAL INSTRUCTIONS FOR MAKING

APPLICATION FOR STUDY LEAVE AND

GRANT OF SUCH LEAVE

(1)     Except as otherwise provided in these rules, all applications for study leave shall be submitted to Government with the Accountant General's certificate through the prescribed channel and the course or courses of study contemplated and any examination which the Government servant proposes to undergo shall be clearly specified therein. If the course of study is out of India, the Government shall forward to the Head of Mission, if there is an Indian Mission in that country, a copy of the approved programme of study. In case where it is not possible for the Government servant to give full details in his original application, or if, after leaving India he is to make any change in the programme which has been approved in India, he shall submit the particulars as soon as possible to the Head of Mission or the Government, as the case may be. In such cases he shall not, unless prepared to do so at his own risk, commence the course of study nor incur any expenses in connection therewith until he receives an approval of the Government.

(2)     Where the study leave is sanctioned it shall be communicated to the Head of Mission with the particulars of the case.

(3)     On completion of a course of study a certificate in the proper form (which may be obtained from the Head of Mission) together with certificates of examinations passed or special courses of study undertaken indicating the date of commencement and termination of the course with remarks, if any, of the authority in charge of the course of study, shall be forwarded to the Head of Mission concerned. When the study leave has been taken in India or any other country where there is no Indian Mission, such certificate shall be forwarded to the Government.

 

APPENDIX VII

RULES RELATING TO CASUAL LEAVE

(Referred to in Rule 111 of Part I)

(1)     Casual leave is not provided for in the rules as it is not recognised as leave. Technically therefore an officer on casual leave is not treated as absent from duty and his pay and allowances are not intermitted. The grant of such leave need not be reported to the Audit Officer, nor is it necessary for the officer to submit charge certificates when he proceeds on or returns from casual leave.

(2)     (i) No officer may in any case be absent on casual leave for more than twenty days in the course of one calendar year. But the members of the teaching staff of educational institutions shall be eligible for casual leave only for fifteen days in a calendar year.

(ii) All officers including teaching staff of educational institutions may be allowed to combine casual leave with Sundays and other authorised holidays provided that the resulting period of absence from duty shall not exceed fifteen days at a stretch. 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.

Exception:- The maximum period of absence combining casual leave with Sundays and other authorised holidays will be twenty days at a stretch for the State Government employees working in New Delhi.

(iii) All officers including those who have put in less than a year's service will be allowed casual leave at the rate of 20 days during a year without taking into account the length of service put in by them subject to the discretion of the sanctioning authority:

Provided that the teaching staff of educational institutions may be granted casual leave for fifteen days only during a year.

The amendment shall be deemed to have come into force with effect from 1st January 1970.

(3)     An officer requiring casual leave should take the orders of the head of his office for such absence. When the head of an office requires casual leave, he may take the leave and report the fact to his immediate superior authority. Heads of Departments should intimate their intention of taking casual leave to Government in the department concerned. In cases in which the casual leave is intended to be spent outside the jurisdiction of the officer, the previous sanction of the competent authority should be obtained.

(4)     A register of casual leave taken should be maintained in every office.

(5)     (i) An officer may be allowed causal leave for half a day at his request, provided that casual leave for half a day shall not be granted to the staff of the department of Museums and Zoos who work in shifts.

(ii) Casual leave for half a day at a time may be granted to the technical staff of Government presses who have to work in the first shift that is from 8 a.m. to 4.30 p.m. with a noon interval of one hour between 1 p.m. and 2 p.m.. In respect of the second shift half day casual leave may be allowed only for the second half of the shift that is from 9 to 11.30 p.m.

(6)     Casual leave cannot ordinarily be taken in combination with any leave recognised by the rules, with joining time or with vacation. Heads of Departments may, however, sanction such combination in special cases, provided there is no evasion of rules, for instance, when an officer obliged to be absent owing to the prevalence of infectious disease in his residence and placed on special casual leave, himself contracts the illness and has to be granted regular leave in continuation.

(7)     Casual leave, not being recognised as leave, cannot be retrospectively commuted into any other kind of leave, but when an officer who proceeded on casual leave under the ordinary circumstances takes some other kind of leave in continuation, such leave will be held to have commenced from the date on which he proceeded on casual leave.

(8)     Deleted

 

SECTION II--SPECIAL CASUAL LEAVE

(1)     Special Casual leave not counted against ordinary causal leave may be granted to an officer in the following circumstances:

(i)       When he is ordered by the head of his office to absent himself from duty on the certificate of a medical officer or sanitary authority on account of the presence of infectious disease in his residence *provided no substitute is appointed and no extra cost to Government is involved. If, however, a substitute is necessary, ordinary leave debitable to the leave account of the officer should be granted. The grant of special casual leave involving the appointment of substitute in all other cases requires the sanction of Government; which will be accorded only when the absence is for less than 30 days and the subordinate concerned draws a pay of less than Rs. 1640** per mensem, and has no ordinary leave to his credit.

This amendment shall be deemed to have come into force with effect from 1st March 1992.

Note 1.- When the officer himself catches the infection, regular leave under the rules must be taken for the period of absence.

Note 2.- The following diseases are treated as infectious diseases for the purpose of the grant of special casual leave:-

(1)     Smallpox

(2)     Deleted

(3)     Plague

(4)     Cholera

(5)     Typhoid

(6)     Acute influenzal Pneumonia

(7)     Diphtheria

(8)     Cerebro-spinal meningitis

Note 3.- Leave under this head shall not ordinarily be granted for a period exceeding 21 days, but in exceptional cases it may be granted upto 30 days.

Note 4.- Special casual leave taken in any circumstances may be allowed to be combined with ordinary leave or ordinary casual leave.

Note 5.- The heads of offices will also be eligible for special casual leave under the Rules.

(ii)      When he is summoned to serve as a juror or assessor or to give evidence before a court as a witness in civil or criminal cases in which his private interests are not in issue, the leave to cover the total period absence necessary.

(iii)     When he is permitted to attend the meetings of a University, or to undertake any other work connected with a University, leave to cover the period of absence from duty.

But if he takes up examinership in University Examination and accepts remuneration at the instance of Government, his absence will be treated as duty and if the work is not taken at the instance of Government, he will have to avail himself of eligible leave.

Note.- In the case of University examinations conducted by the Universities in Kerala, the examinership offered by one University to the teaching staff of colleges under another University and accepted by them will be treated as taking up examinership at the instance of Government for the purpose of this rule.

This Note shall be deemed to have come into force with effect from 18th February 1981.

(iv)    When he is bitten by a rabid animal, or if it becomes necessary to undergo anti-rabic treatment due to infection during postmortem examination or other similar causes, leave to cover the actual period required for treatment (14 days) and for the journeys to and from the nearest anti-rabic treatment centre.

(v)      [Deleted]

(vi)    When an officer in the last grade is temporarily incapacitated on account of typhoid and cholera inoculation leave for one day.

(vii)   (a) A male Government employee who undergoes vasectomy operation for the first time will be granted special casual leave for a period not exceeding six working days. Intervening Sundays and closed holidays will be ignored while calculating the period of special casual leave. Special casual leave for a period not exceeding 6 days will be granted for undergoing vasectomy operation for the second time also on production of a medical certificate from the prescribed medical authority to the effect that the first operation was a failure and that the second operation was actually performed.

(b) A female Government servant who undergoes sterilisation operation will be granted special casual leave for a period not exceeding 14 days:

Provided that special casual leave for undergoing tubectomy operation for the second time will be granted only on production of a medical certificate from the prescribed medical authority to the effect that the first operation was a failure and that the second operation was actually performed.

(c) A male Government servant whose wife undergoes a gyno-sterilisation (tubectomy operation without delivery) will be granted special casual leave for a period not exceeding 7 days subject to production of a medical certificate from the medical officer who actually performs the operation.

(d) An Officer undergoing treatment due to complication arising from sterilisation operation shall be granted special casual leave to cover the period of such

treatment based on the certificate of the medical authority:

Provided that if the Government servant is not hospitalised the period of special casual leave granted will be limited to 7 days in the case of male officers and 14 days in the case of female officers.

Ruling

Special casual leave under this rule may be combined with holidays provided that the total period of absence from duty does not exceed ten days.

(viii)  Women employees who undergo I.U.C.D. insertion will be granted special casual leave for the day of insertion.

Special casual leave will be granted on the day of I.U.C.D.--

re-insertion also.

(ix)    When an officer as member of a staff council has to attend a meeting of the council, he will be granted special casual leave for the days required for the journey from his place of duty to the place of the meeting of the council and back.

(x)      (a) Special casual leave will be granted to women Government employees having less than three children for undergoing medical termination of pregnancy. The leave shall be granted only once in their service and shall be for a period of six days including the day on which medical termination of pregnancy is conducted.

(x-b) Female Government employees who undergo salpingectomy operation after Medical Termination of Pregnancy (MTP) may be granted special casual leave for a period not exceeding 14 days.

(x-c) Male Government employees whose wives undergo tubectomy/salpingectomy operation after Medical Termination of Pregnancy (MTP) may be granted special casual leave upto 7 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)    An officer who is a member of the Indian Institute of Public Administration may be granted special casual leave to attend any meeting/seminar organised by the regional or local branch of the said Institute and for the days required for the journey from their place of duty to the place of meeting/seminar and back.

(xii)   (i) A Government officer who has lost all male children or all female children after vasectomy/tubectomy operation performed earlier; may be granted special casual leave for undergoing recanalisation operation upto a period of 21 days or actual period of hospitalisation as certified by the authorised medical attendant, whichever is less. Special casual leave shall also be granted for the minimum journey period required and spent for the to and fro journey for undergoing the operation.

(ii) The grant of special casual leave shall be subject to the following conditions, namely:-

(a)      the operation has been performed in a hospital or a medical college or an institution where facilities for recanalisation are available.

(b)      the request for the grant of special casual leave shall be supported by a medical certificate from the doctor who performed the operation to the effect that hospitalisation of the officer for the period stipulated therein was essential for operation and post operational recovery.

(iii) The period of absence in excess of the period of special casual leave as admissible under sub-clause (i) shall be treated as regular leave of the kind admissible under the leave rules applicable to the officer or ordinary casual leave as applied for by the officer.

Note.- Special casual leave granted under clauses (vii) to (xii) under the 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 or suffixed both to regular leave and casual leave. The intervening holidays and/or Sundays may be prefixed/suffixed to regular leave, as the case may be.

(2)     In the cases coming under clauses (i) to (iii) 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 officer may be granted for the entire period of absence such regular leave with leave salary as may be due to him and thereafter leave without allowances. In the cases coming under clause (iv) above the excess over one month of the period of absence should be treated as regular leave and debited to the leave account

(3)     (a) Special casual leave not exceeding 15 days in one calendar year may be granted to Government servants who take part in State Championship conducted by the respective State Associations within the State and for attending selection trials of State Teams for participating in National Championships.

(b) Special Casual leave not exceeding 45 days in one calendar year may be granted to Government servants, who take part in National level championships conducted by All India Associations, for attending coaching camps of the State Teams in preparation of participation in National Championships and for attending selection trials of National Teams for participating in International Championships.

(c) Special Casual leave not exceeding 90 days in one calendar year may be granted to Government servants for representing India in International Events and for attending coaching camps of National Teams in preparation of International Events.

(d) Government officials who are office bearers in the National Federations or Associations in sports and games and who are members of the Kerala Sports Council may be granted special casual leave not exceeding 30 days for the days of the meeting and the minimum time required for the to and fro journeys.

(e) The period of leave mentioned above shall be independent of one another and shall be exclusive of Public holidays that may intervene. The period of absence in excess of the days mentioned above in each case shall be treated as ordinary leave admissible under relevant leave rules applicable to the Government servants concerned. For this purpose, officers may, as a special case, be permitted to combine special casual leave with ordinary leave. Special casual leave shall not, however, be granted in combination with casual leave.

(f) Special casual leave shall be granted only on production of participation certificates issued by the respective Associations and it shall be limited to the actual period of participation, including the shortest transit period, subject to the limits specified above.

(g) Government servants whose services are utilised in connection with coaching or administration of the teams participating in the Championships/Events mentioned above, may also be treated as members of the team for the purpose of grant of special casual leave.

Note:- The terms 'State Association', 'State Championship', 'All India Association', 'National Level Championship' and 'International Meet/Event' are defined as follows:-

(i)       State Association:-A duly constituted body, at the State level in respect of a particular discipline of sports/games, having district level units as members. It shall have the recognition of the Kerala Sports Council.

(ii)      State Championship:-Inter-district or inter-zone cham pionships/meets of a particular game/sports conducted by the respective State associations at State level.

(iii)     All India Association:-A duly constituted national body of a particular discipline of sports/games, having state level units as members. It shall have the recognition of the Government of India.

(iv)    National Level Championship:-A Championship/meet conducted by the respective All India Associations at national level in which various state teams participate.

(v)      International Meet/Event:-Sports/games conducted at International level in which various nations take part. Participation of an Indian team with the approval of Government of India only shall be considered as a recognised event.

(4)     When an officer has to insure his life in the State Life Insurance (Official Branch) he will be given such leave of absence as may be necessary to enable him to appear before a Medical Officer and to procure the required certificate.

(5)     When volunteers who are Government servants, attend camps or exercises or attend rifle meetings with the permission of the heads of their departments or offices, they will be considered to be on special casual leave during the period of their absence from duty.

Government Decision

The concessions allowed to 'volunteers' in regard to the grant of special casual leave for attending camps" exercises, rifle meetings, etc., may be extended to scouters, guiders and office bearers of the Bharath Scouts and Guides Association for attending camps, conferences, rallies, etc.

Effective from 10th June 1964.

(6)     Special casual leave will be allowed to Government servants who have won certificates of merit in the Lok Sahayak Sena and who are required to participate in the Republic Day Parade in New Delhi for: (1) a period not exceeding 14 days required for their stay in New Delhi in connection with the participation in the Republic Day Parade plus (2) the minimum period required for the journey of the Government servants from headquarters to New Delhi and back.

(7)     Special casual leave may be allowed to Doctors and Veterinarians who are invitee members, official delegates or those who have been asked to read papers at an All Indian Conference of the Medical or Veterinary Association or the Indian Science Congress, as the case may be. The leave will be granted for attendance at the meeting and for journeys from head quarters to the place of the meeting and back.

The power of granting special casual leave under these orders will be exercised by Heads of Departments and regional and district officers in the case of officers under their administrative control. In the case of Heads of Departments partaking in sporting events special casual leave will be granted by Government.

(8)     Special casual leave may be granted to Government servants appearing at departmental promotion examinations which are neither obligatory nor entail a condition of preferment in Government service (e.g., practical test for selection of typists in service as Stenographers, selective test for selection of last grade employees as attenders etc.) to cover the actual duration of examination concerned plus the minimum period required for the to and fro journey. Such special casual leave will not, however, be granted for appearing for the open competitive examinations held by the Public Service Commission and cannot be combined with ordinary casual leave or regular leave.

(9)     An accused officer, not under suspension, may be granted special casual leave to cover the actual period for the onward and return journey for appearing before the Disciplinary Proceedings Tribunal and the days of attendance at the Tribunal.

Note.-This rule will apply mutatis mutandis to accused officers called upon to appear before a Disciplinary Authority/Enquiring Authority duly constituted.

(10)   When Government servants enlisted as Home Guards Volunteers are called out by the Commandants General/Commandants under sections 5(1) and 5(2) of the Kerala Home Guards Act, 1960, for training or to discharge any of the duties or functions assigned to the Home Guards, they will be considered to be on special causal leave during the period of the their training/duty in Home Guards plus the minimum period required for the journey from their headquarters to the place of training/duty and back.

A day's special casual leave will be allowed every year to Government servants who are Home Guards Volunteers for participation in the celebrations of Home Guards Day.

The detention certificate issued by the Commandant General/Commandants, Home Guards will be accepted as valid authority for the grant of special casual leave.

(11)   The period spent in transit by the civil Government servants who are called out for training in the Defence Reserves, from the date of their relief from the civil posts to the date on which they report themselves to the military authorities and vice versa will be treated as special casual leave.

The period of transit should be limited to actual journey time as laid down in Note 1 under Rule 125, Part I.

(12)   The period of absence (including the period spent in transit) of the members of the teaching staff of the Medical Colleges, College of Nursing and the Dental College, on account of their appointment as Inspectors by the Indian Medical Council, Indian Nursing Council or the Dental Council of India will be treated as special casual leave, provided they are not paid any remuneration for the inspection work.

Teaching staff of Medical Colleges who are invited by the Indian Medical Council, Indian Council of Medical Research, All Indian Institute of Medical Sciences, Dental Council of India and Indian Nursing Council as experts for attending board meetings and scientific meetings will be granted special casual leave for the days of meetings, including actual time taken for to and fro journeys, provided they are not receiving remuneration from the concerned Institution. The Principals of the Medical Colleges are authorised to grant special casual leave in such cases in respect of officers working under them.

This amendment shall be deemed to have come into force with effect from 8th June, 1981.

Auxiliary Nurse Midwives/Nurses who are members of the Indian Nursing Council will be granted special casual leave to attend the meetings of the Council for the days of the meetings including actual time taken for to and fro journeys provided they are not receiving remuneration from the Council. The District Medical Officers of Health are authorised to grant special casual leave in such cases in respect of officers working under them.

This amendment shall be deemed to have come in to force with effect from 28th June 1984.

(13)   Ex-servicemen boarded out of service and re-employed in Government service in the State, if and when required to appear before the Reserve Medical Boards for the purpose of reassessing their disability, will be granted special casual leave for a maximum period of 15 days including the time spent in transit both ways. Special casual leave under this rule may be granted on more than one occasion in a calendar year, if needed.

(14)   Government servants, who have won gallantry awards and who are required to participate in the Colour Presentation Ceremonies in connection with such awards will be granted special casual leave for the period of their stay at the place where the ceremony is conducted and the minimum period required for the journey from headquarters to such place and back, subject to the condition that the total period shall not exceed 10 days.

This amendment shall be deemed to have come into force with effect from 1st April 1970.

Government Decision

The Rules in this section will apply to part-time teachers also with effect from 7th August 1971.

(15)   The teachers under the Department of Technical Education may be granted special causal leave upto a maximum of 10 days either prefixed or suffixed to the vacation, for attending short-time refresher courses/seminars, in case the period of the training falls outside the vacation period. For periods in excess of 10 days, regular leave will be granted. For this purpose the teachers may, as a special case, be permitted to combine special casual leave with regular leave.

The Principals of the Engineering Colleges, Polytechnics, Women's Polytechnics and the Institute of Printing Technology, Shornur are authorised to sanction special casual leave under this rule.

This amendment shall be deemed to have come into force with effect from 18th September 1973.

(16)   Disabled State Government employees, shall be eligible for special casual leave for a maximum period of 15 days at a time (including the time spent in transit both ways) to attend Artificial Limb Centre and stay in hospital for replacement/treatment of their artificial limbs. Special casual leave under this rule may be granted on more than one occasion in a calendar year, if needed.

(16A) All physically handicapped employees eligible to claim conveyance allowance shall be eligible for special casual leave for a maximum period of 15 days in a calendar year for treatment of illness connected with the physical handicap of the employee concerned in hospital or at residence on production of medical certificate to that effect from the rganized Medical Officers attending on them.

(17)   Teaching staff of Government Colleges accompanying students’ teams for University Youth Festivals rganized by the University Union and teaching staff of schools who accompany the students’ teams for Youth Festivals, sports meets, coaching camps conducted at State level shall be granted special casual leave for the days of the events and the minimum period required for to and fro journeys subject to the condition that the total period of such special casual leave shall not exceed 15 days in a calendar year.

(18)   The staff guides, namely teachers in schools and junior lecturers and lecturers in colleges engaged in the Forest Club activities will be granted two days special casual leave in a calendar year for attending to seminars, etc. relating to those activities.

Effective from 5th June 1985.

 

SECTION III-COMPENSATION LEAVE

Subject to the following conditions, compensation leave at the rate of one day for each public holiday may be granted to a Government servant who attends office on public (authorised) holidays under the orders of the head of office in order to attend to urgent work arising from the absence of another Government servant or from circumstances beyond the control of the Government Servant:

(i)       Such leave should be taken by a Government servant only with the prior permission of the authority competent to grant him casual leave.

(ii)      The maximum period of such leave that can be taken by a Government servant in a calendar year will be **fifteen days.

(iii)     Effective from 1st June 1989.

(iv)    No Government servant will be permitted to take such leave after the expiry of *three months from the public holiday (s) on which he attended office and in lieu of which the leave is granted.

(v)      Such leave will not be accumulated for more than *10 days but such leave may be combined with casual leave or other authorised holidays provided that the total period of absence from duty shall not exceed ten days.

Effective from 7th May 1973.

(vi)    Such leave may not be combined with regular leave such as earned leave, half pay leave, etc.

(vii)   A Government servant touring on public (authorised) holiday(s) in connection with performance of his duties is not eligible for such leave in lieu of the holiday(s) on which he was on tour.

(viii)  Such leave shall not be admissible to heads of offices.

Effective from 3rd July 1970.

Note.- The benefit of compensatory off for turn duty on Sundays and other closed holidays will be allowed to the security staff, only without detriment to the normal security duties.

 

APPENDIX VIII

RULES FOR THE GRANT OF LEAVE TO OFFICERS

APPOINTED FOR LIMITED PERIODS

(Referred to in Appendix I and Note I below Rule 63 of Part I)

(1)     Where the appointment is for one year or less, earned leave on full pay calculated at 1/11th of the period spent on duty may be granted subject to a maximum of 15 days on production of medical certificate. If earned leave has been exhausted, leave on medical certificate, on *half pay upto 15 days may be granted subject to the condition that the total period of the two kinds of leave does not exceed one month in the officer's term of service.

If the officer serves in a vacation department, earned leave will not be admissible; but he may be granted, if absolutely necessary leave on medical certificate on *half pay not exceeding 1/11th of the time spent on duty, subject to a maximum of 15 days during the officer's term of service.

This amendment shall be deemed to have come into force with effect from 1st April 1973.

(2)     Where the appointment is for more than one year but not more than five years, earned leave will be admissible at 1/11th of the period spent on duty, subject to the limit of 15 days in a year. Such leave may be accumulated upto a maximum period of two months. Leave on medical certificate on *half pay may also be granted in addition to earned leave subject to a maximum of two months in all during the period of service. In addition, leave without allowances may be granted in special circumstances, when no other leave is admissible, subject to a total maximum limit of three months.

If the officer serves in a vacation department earned leave will not be admissible.

Note.- Maternity leave under Rules 100 and 101 will be admissible to female officers appointed on contract basis continuing in service beyond one year provided they would continue in service but for proceeding on such leave.

This amendment shall be deemed to have come into force with effect from 26th August 1971.

(3)     Where the appointment is for a longer period than five years, but not for an indefinite period, or an original appointment for five years or less is extended so as to make the total period of appointment longer than five years but not for an indefinite period, leave admissible to a permanent officer under the ordinary rules, may be allowed subject to the condition that leave on medical certificate on *half pay will be limited to six months in all. In the case of extension of the original term of appointment to more than five years, the officer will be credited with the earned leave that would have been admissible had the appointment been initially one of more than 5 years diminished by the earned leave already taken and leave on medical certificate on half pay, if any, already taken, will count against the six months limit prescribed.

(4)     In the case of an officer falling under Rules 2 and 3 above, earned leave due may be granted after the expiry of the period of appointment, only if the leave has been applied for during the period of appointment and refused owing to the exigencies of the public service. An officer whose services are dispensed with on grounds of ill-health may be permitted to take all the earned leave due to him before his service is terminated.

(5)     The terms "earned leave" and "leave on medical certificate on half pay" used in these rules have the same meanings as they have in the other rules of the Kerala Service Rules and the leave salary during leave taken under these rules shall be regulated under Rules 92 and 93 of Part I, Kerala Service Rules *.

This amendment shall be deemed to have come into force with effect from 1st April 1973.

(6)     An officer initially engaged for a limited period becomes subject to the ordinary leave rules in their entirety, on his being taken into permanent employment. In such a case, the officer will be credited with all the leave that would have been admissible, had his appointment been one for an indefinite period from the start diminished by the leave already taken. Leave on medical certificate, if any, already taken will count against the maximum limit prescribed.

(7)     In the case of an officer who has been appointed for a limited period to a temporary post or to a permanent post in an officiating capacity, leave will be granted only on the further condition that his leave vacancy is not filled up and that the leave or any portion thereof will not go beyond the sanctioned period of his service.

Note.- The above rules will not apply to officers who were appointed before the coming into effect of these rules or to officers in whose case the terms of their appointment specifically provide for the grant of leave otherwise than in accordance with these rules.

Government Decision No. 1

Rules in Appendix VIII will apply to provisional recruits in the matter of leave.

Government Decision No. 2

The leave earned by provisional recruits during provisional service diminished by the leave, if any, already taken will be carried forward on regularisation of their provisional appointment without any interruption.

The provisional recruits will be eligible for the leave admissible to regular employees only from the date of regularisation of appointment.

Government Decision No. 3

An officer on contract appointment will be credited with the leave earned by him in his previous contract appointment (s) diminished by the leave, if any, already taken even if the appointments are not in the same post provided there is no break between the appointments.

Government Decision No. 4

Officers appointed on a fixed monthly honorarium against regular sanctioned post will be governed by the leave rules in this Appendix. The benefit of surrender of earned leave will be allowed to them as in the case of provisional employees.

 

APPENDIX IX

LIST OF HILLY TRACTS

(Referred to in Note 1 to Rule 44 of Part II)

(A)     Class I Tracts

(1)     Of the area detailed below the tracts falling within the taluks of Devicolam, Udumbanchola, Peermade, Pathanamthitta, Pathanapuram, Nedumangad and Neyyattinkara will form Class I tracts:-

The portion lying to the east of a due north and south line from the northeastern most boundary of the Kunnathunad Taluk upto Thattakkad and thence passing eastwards along southern bank of the Periyar river upto the junction of its northern tributary, the Muthirapuzhai or Munnar river thence southwards along the western bank of the Periyar river, and its tributary, the Cheruthoniyar and the Endayar upto Mundakkayam bridge on the Kottayam-Kumili road, thence southwards straight on the junction of the Aruthayar and the Pamabayar and thence to the junction of the Palathada Aur and Kokkad Aur, thence due south to the Achenkoil river crossing the Kallar and thence to Ramakal along the southern bank of the Achenkoil river.

The portion lying to the south of a line starting from Channar ghat peak and passing along the northern bank of the Shendurni river upto the junction of the Quilon-Shencottah road and Trvandrum-Schencottah road, thence passing southward along the eastern side of the Trivandrum-Shencottah road upto Palode, thence along the eastern side of the road from Palode, to Arianad via Vidura till it meets the Nedumangad-Shorlacode road and thence passing southwards along the Nedumangadu-Shorlacode road till it meets the State Boundary.

This amendment shall be deemed to have come into force with effect from 22nd February 1973

(2)     Chalakudy Division.--

Starting from 19th mile in Tramline at Cherumkayam the line proceeds northwards to meet the division boundary and thence follows the division boundary upto the State boundary and thence along the Sekkalamudi, thence to Parambikulam, thence along the Parambikulam river upto Muduvarachal and thence westwards passing Kavali Anapandam and meet the starting station at Cherumkayam.

Trichur Division (Nelliampathy Range).--

North.--  The boundary starts from the inter-district boundary of Trichur and Palghat at Vellamttimalai and proceeds more or less northeast passing the northern side of Padagirimala and Palayampara Estate and reaches the district boundary at nearly one mile south of Govindamalai Estate; thence along the above inter-district boundary towards northeast for about one mile and reaches nearly half a mile northwest of Oottukuzhi Estate.

East.-- Thence the boundary proceeds along the inter-district boundary of Palaghat and Trichur and reaches the junction point of Thekkadi and Vetti rivers.

South.-- Thence more or less east along the inter-forest division boundary of Chalakudy and Trichur to the inter-district boundary of Trichur and Palghat at nearly one mile north of Anjanapara.

West.-- Thence the boundary proceeds along the inter-district boundary of Palghat and Trichur and reaches the starting point.

Palappilly Range.--

East.-- The boundary starts from Ponmudi at which the inter-range boundary between Palappilly and Paravattany meets the inter-district boundary of Trichur and Palaghat, and proceeds along the above inter-district boundary and reaches a point nearly one mile south of Kurumalamudi.

South.-- Thence the boundary proceeds more or less southwest along the inter-forest division boundary between Trichur and Chalakudy for about 51/2 miles to reach nearly two miles south of Kumali.

West.-- Thence the boundary proceeds nearly west to reach the Chiminipuzha at nearly one mile west of Kallichitra, thence along the northern side of Chiminipuzha for about 3/4 mile downstream; thence along the tributary of Chiminipuzha to reach the inter-taluk boundary between Mukundapuram and Trichur at nearly 1 3/4 miles west of Ponmudi.

North.-- Thence along the above inter-taluk boundary till it reaches Ponmudi, the starting point.

(3)     Attappadi Valley and the Chenat Nair, * and Silent Valley Reserved Forest.

(4)     Sungam Range of Nemmara Forest Division.

(5)     Omitted

Effective from 9th March 1981.

(6)     Idukki District.--

The area comprising the whole of Idukki Village and the portions of Velliamatom and Arakulam Villages in Thodupuzha Taluk having the boundaries specified below:

North.-- Boundaries of Kotahmangalam and Devicolam Taluks.

East.-- Boundaries of Udumbanchola Taluk.

South.-- Boundaries of Peerumedu Taluk.

West.-- The line across Arakulam Village, starting from the tri-junction of Passupara Village in Peerumedu Taluk and Arakulam and Idukki Village of Thodupuzha Taluk and ending at first Zig point on Thodupuzha-Idukki Road and the line thence across Velliamattom village to the tri-junction of Idukki, Velliamattom and Udumbannoor Village of Thodupuzha Taluk from where the western boundary of Idukki Village goes north-wards to meet the Taluk boundary of Kothamangalam.

The item 6 shall be deemed to have come into force with effect from 9th December 1970.

(B)     Class II Tracts

(1)     The portions of the area other than those falling within the taluks of Devicolam, Peermade, Udumbanchola and Pathanmathitta detailed at A1 above, will form Class II tracts.

(2)     Chalakudy Division.-- Starting from Cherumkayam the boundary proceeds upto Kothamuzhi, thence along the Kannamkuzhi thodu upto Chalakudi river, thence along the river the boundary proceeds up to Echipara, thence to Vellikulangara passing Konnakuzhi, Peeliarmuzhi, Kormala and Veeranchira, thence the boundary proceeds nearly northwards to cross the Vaikathu stream and meet the division boundary and along the said boundary of Class I tracts and closes on the starting station.

Nelliampathy Range.--

West.-- The boundary starts from the inter-district boundary of Palghat and Trichur at Vellattimalai and proceeds northwest to reach the village boundary of Thiruvazhiyad and Kairady Village tri-junction.

North.-- Thence along the boundary of Thiruvazhiyad and Nemmara touching the main road, thence the boundary proceeds along the road to Shernally Rubber Estates to the 11th mile.

*East.-- Thence along the above road for about 4 Kilometres to reach the northern boundary of Class I area at Pulayampara described in the Nelliampathy Range under the heading "A. Class I Tracts".

South.-- Thence the boundary proceeds along the northern boundary of Class I area in Nelliampathy Range and reaches the starting point.

Palappilly Range.--

North.-- The boundary proceeds from the inter-range boundary between Palappilly and Paravattany at nearly half a mile west of Mangattukumban and proceeds east to reach where the northern boundary of Class I area described in 'A' above starts.

East.-- Thence along the western boundary of Class I area in Palappilly Range described in 'A' above to reach the inter-forest division boundary of Trichur and Chalakudy.

South.-- Thence along the above inter-division boundary to reach Muplypuzha near fourteenth mile of Cochin State Forest Tramway.

West.-- Thence along Muplypuzha downstream for about 5 miles and along Chiminipuzha for about 31/2 miles upstream to reach neraly 11/2 miles east of Anaipadam, and thence to meet the inter-range boundary at the starting point.

Paravattany Range.--

North.-- The boundary starts from the inter-taluk boundary of Talappilly and Trichur at 2 1/4 miles east south-east to Melaka and proceeds along the above inter-taluk boundary to reach the inter-district boundary of Palghat and Trichur.

East.-- Thence along the above inter-district boundary the boundary proceeds to Ponmudi where the inter-taluk boundary between Mukundapuram and Trichur meets the inter-district boundary.

South.-- Thence the boundary proceeds along the northern boundary of Class I and Class II areas described above in Palappily Range.

West.-- Thence the boundary proceeds northwest to reach 3/4 mile north to Vengapara, thence to northwest to reach Peechi Dam, thence proceeds along the Peechi Right Bank Canal to reach the crossing point at Trichur-Vaniampara road and thence proceeds northwest to meet the inter-taluk boundary at the starting point.

This amendment shall be deemed to have come into force with effect from 1st day of September 1975.

Machad Range.--

West.-- The boundary starts from the crossing point of Trichur-Ambalappadu road at the inter-range boundary of Machad Range and Paravattany Range and proceeds along the sixth mile. Thence more or less northeast to reach Wadakkancherry-Vazhani road near Vazhani.

North.-- Thence along the above road and succeeding cart-tract for about one mile; thence crossing Vazhani lake and along the thodu starting from nearby place of Munipara and falls in Vazhani lake; reaches the inter-range boundary at nearly half a mile west of Munipara.

East.-- Thence the boundary proceeds southwest for about 13/4 miles along the inter-range boundary of Machad Range and Paravattany Range.

South.-- Thence the boundary proceeds along the above inter-range boundary and reaches the starting point.

(3)     The Wayanad Taluk and the Vaithiri Ghat section.

 

APPENDIX XII

RULES FOR THE GRANT OF LEAVE TO RADIATION

WORKERS IN THE STATE MEDICAL SERVICE

(Referred to in Rule 110 A of Part I)

Rules for the grant of leave to Radiation Workers in the State Medical Service.

(1)     For the purpose of these rules:

(i)       "Radiation worker" means a worker liable to exposure to ionising radiation in the course of his official work which shall include a person working inside the X-ray and Radium Departments like Radiologist, Radiographer, Technician and Nursing staff of Radiology Department but does not include stretcher bearers, attenders, etc., of the Radiology Department who are not exposed to radiation while a patient is being X-rayed or treated.

(ii)      "A year" means a year of duty.

(2)     Every radiation worker shall be granted thirty days special casual leave in one spell, every year to recoup his health even when his health is apparently good.

This amendment shall be deemed to have come into force with effect from 1st April 1995.

(3)     These rules shall apply to all radiation workers (permanent or temporary employees) in the State Medical Service but not to purely provisional hands.

The above Rule shall be deemed to have come into force with effect from 29th March 1965.

 

APPENDIX XII A

RULES FOR THE GRANT OF LEAVE WITHOUT ALLOWANCES FOR TAKING UP EMPLOYMENT ABROAD OR WITHIN INDIA

(Referred to in Exception 2 to Rule 88 and Rule 110-B of Part I)

The following rules shall regulate the grant of leave without allowances to officers for taking up employment abroad or within India. These rules shall not apply in cases of employment in the service of any public sector undertaking, aided schools and private colleges or any body incorporated or not, which is wholly or substantially owned, controlled or aided by any State Government or the Government of India.

(1)     Government will be very selective in granting leave without allowances to employees belonging to professional categories like highly qualified doctors, engineers, scientists etc., for taking up employment abroad or within India. In scarce categories like Veterinary Surgeons, Livestock Assistants and any other category where there is shortage of personnel, officers will not be allowed to take up such employment unless they resign their jobs under Government before hand.

(2)     No officer going for employment under these rules will be treated as on deputation. An officer taking up employment abroad or within India on his own accord will have to go on leave without allowances to avail himself of the facility.

(3)     No other kind of leave will be sanctioned in combination with or in continuation of the leave under these rules, **except leave under Appendix XII C.

(4)     Permanent officers and non-permanent officers who have completed probation in their entry cadre in the regular service of Government may be granted leave without allowances under these rules. In such cases, for and during the currency of, the period of leave, the officers shall lose all service benefits such as the earning of leave including half pay leave, pension, gratuity, increment, etc., and also promotion chances as may arise with reference to their seniority in the posts from which they proceeded on leave. They shall also lose seniority in the higher grade/grades with reference to their juniors who might get promoted to such grade/grades before they rejoin duty.

(5)     In the case of non-permanent officers in regular service who have not completed probation in the entry grade, leave without allowances may be granted subject to the condition that they will have to start afresh and complete their probation on return from the leave without allowances. In other words, the officers will forfeit the service benefits that had accrued to them prior to their proceeding on leave and they will be deemed as new entrants to Government service on return from leave. What is protected is only their right to rejoin Government service in the same entry grade as if they were new entrants.

(6)     The maximum period of leave that may be sanctioned to officers under these rules, including the leave sanctioned under Appendix XII C, if any, during their entire service shall be limited to fifteen years. If the officer who has availed himself of the leave without allowances for a total period of 15 years, whether continuously or in broken periods does not return to duty immediately on the expiry of the leave, his service shall be terminated after following the procedure laid down in Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. This condition shall be incorporated in every order sanctioning such leave.

This amendment shall be deemed to have come into force with effect from 27th December 1986

(7)     Those who are under bonded obligation to serve Government for a prescribed period will not be granted leave under these rules till the period covered by the bond is over, unless they settle the bonded obligations before the grant of leave. The amount remitted on that account will not be refunded under any circumstances. Similarly, officers against whom disciplinary action or vigilance enquiry is pending will not be eligible for leave under these rules.

(8)     Those who had availed themselves of any loan such as house building advance, conveyance advance etc., shall either clear the dues or execute a bond as required under G.O. (P) 1028/79/Fin., dated 23rd November 1979 in the form appended thereto, before the grant of leave.

(9)     Those officers who absent themselves unauthorisedly without getting the leave sanctioned under these rules shall be proceeded against and their service terminated after following the procedure laid down in the Kerala Civil Services (Classification, Control and Appeal) Rules 1960. Requests for re-entertainment in Government Service in such cases as well as in cases covered by Rule 6 above, will be summarily rejected.

(10)   These rules shall apply to all cases of grant of leave without allowances on or after the 16th December, 1983 whether in extension of the leave already granted or otherwise and such leave granted before that date shall be reckoned for applying the 15 years limit under Rules 6 above.

(11)   No relaxation of any of the above rules will be allowed.

This amendment shall be deemed to have come into force with effect from 16th December 1983.

Note.-Notwithstanding anything contained in these Rules those who have proceeded on leave for taking up employment abroad *or within the country before the commencement of these Rules, after obtaining permission of Government will continue to be governed by the conditions laid down in G.O. (P) 274/70/Fin., dated 29-4-1970 for the leave granted to them even if it extends beyond 16-12-1983.

Effective from 16th December 1983.

 

APPENDIX XII B

RULES FOR THE GRANT OF LEAVE WITHOUT ALLOWANCES FOR THOSE INELIGIBLE FOR LEAVE FOR STUDY PURPOSE UNDER RULE 88 OR RULE 91, PART I, KERALA SERVICE RULES

(Referred to in Exception No. 2 to Rule 88 and in Rule 110-C under Section XI-C of Chapter IX, Part I.)

The following Rules shall regulate the grant of leave for study purpose in the case of Officers who are not eligible for leave for more than three months under Rule 88 due to the condition of 3 years of continuous service or under Rule 91 due to the condition in Note 2 thereunder. In such cases Leave Without Allowances will be granted for the purpose of study to cover the entire period of the course concerned subject to the following conditions:-

(i)       In the case of officers who have completed probation in the entry grade, during the currency of the period of leave, they shall lose all service benefits such as earning of all kinds of Leave, Pension, Gratuity, Increment etc., and also promotion benefits which may arise with reference to their seniority in the posts from which they proceeded on leave. They shall also lose seniority in the higher grade/grades with reference to their juniors who might get promoted to such grade/grades before they rejoin duty;

(ii)      In the case of those who have not completed probation in the entry grade, they shall. besides losing all the service benefits during the currency of the period of leave, forfeit the service benefits that had accrued to them prior to their proceeding on leave. They shall be deemed as new entrants to Government Service on return from leave. They shall have to start afresh and complete their probation on return from leave. Only their right to rejoin Government Service in the same entry grade is protected as if they were new entrants;

(iii)     Those who are under bonded obligation to serve Government for a prescribed period will not be granted leave under these rules till the period covered by the bond is over, unless they settle the bonded obligation before the grant of leave. The amount remitted on that account will not be refunded under any circumstances. Officers against whom disciplinary action or vigilance enquiry is pending will not be eligible for leave under these Rules;

(iv)    The maximum period of leave that can be granted will be five years during the entire period of service;

(v)      The leave will not be allowed to be combined with any other kind of leave or vacation;

(vi)    In the case of officers who do not rejoin duty on the expiry of leave, they shall be removed from service after following the procedure laid down in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

This amendment shall be deemed to have come into force with effect from 18th September 1984.

 

APPENDIX XII C

RULES FOR THE GRANT OF LEAVE WITHOUT ALLOWANCES FOR JOINING SPOUSE

(Referred to in Exception 2 to Rule 88 and in Rule 110-D, Part I)

The following rules shall regulate the grant of leave without allowances for the purpose of joining spouse.

(1)     Only leave without allowances shall be granted for the purpose.

Note.- Officers, who seek leave for short periods, not exceeding three months for the purpose of joining spouse, may be granted ordinary leave subject to eligibility. However, when officers who avail of such leave upto three months, seek extension in continuation of the leave for the same purpose, the ordinary leave already granted shall be retrospectively commuted into leave without allowances under these rules.

(2)     Officers shall not accept any employment during the currency of the period of leave, without prior sanction of the Government.

(3)     No other kind of leave except leave under Appendix XIIA shall be granted in combination with or in continuation of the leave under these rules.

(4)     Permanent officers and non-permanent officers who have completed probation in their entry cadre in the regular service of the Government may be granted leave without allowances under these rules. In such cases, for, and during the currency of the period of leave, the officers shall lose all service benefits including earning of leave, increment, gratuity, pension etc., and also promotion chances as may arise with reference to their seniority in the posts from which they proceed on leave. They shall also lose seniority in the higher grade (s) with reference to their juniors who might get promoted to such grade (s) before they rejoin duty.

(5)     In the case of non-permanent officers in regular service who have not completed probation in their entry cadre, leave under these rules may be granted subject to the condition that they shall have to start afresh and complete their probation on rejoining duty. The service benefits that had accrued to them before proceeding on leave shall be forfeited and on rejoining duty they shall be deemed as new entrants in the Government service.

(6)     The maximum period of leave that may be sanctioned to officers under these rules, including the leave sanctioned under Appendix XIIA, if any, during their entire service shall be limited to fifteen years. If the officers who have availed of the leave without allowances for a total period of fifteen years, whether continuously or in broken periods, do not return to duty immediately on the expiry of the leave, their service shall be terminated after following the procedure laid down in Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

(7)     Those who are under bonded obligation to serve the Government for a prescribed period, shall not be granted leave under these rules till the period covered by the bond is over or till the bonded obligation is settled.

(8)     Those who have any outstanding liability to the Government, such as House Building Advance, Conveyance Advance etc., shall not be granted leave under these rules unless they clear the outstanding liability in toto or execute a bond as prescribed by the Government.

(9)     Officers against whom disciplinary action or vigilance enquiry is pending shall not be eligible for leave under these rules.

(10)   Those officers who absent themselves unauthorisedly without getting the leave sanctioned under these rules shall be proceeded against and their service shall be terminated after following the procedure laid down in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

This amendment shall be deemed to have come into force with effect from 12th April 1984

 

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