GUIDE To

SWAMY'S- MASTER
F
124 R. & SR.

be debited against,
Not Due shall
(ii) Leave
Government servant may earn equently half pay le:
minim.
servant has put in a
(iv) The Government n of o
which the Government
servant proceed
OrOce ds on
() The post from
return to duty.
likely to last till his
The request for grant of such
leave is .
(v) Certificate from the institution recognized gnized ported by
for the
disease or by a Civil Surgeon
such disease.
or Staff
reatrnema
trea
Surgeon or a Specka
[ Rule 31 (1-A). ]
33. Distinguish between 'Leave Not Due' and "Commut
SOE, 1990, 1994; JAO(Telecom), 1991. ] nuted Leav
Ans. Leave Not Due' is a kind of leave on half pay which
on Medical Certificate to a Government servant in permanentemay be
ma
also be granted to temporary Government servants who
have put iin an
ofone year's service and are suffering from TB / Leprosy/ Cancn
Illness. It is debited against the half pay leave the
earn subsequently
and Government seservan Meny
is limited to 360 days during the
to certain entire serviee
restrictions, "Leave Not Due" may be granted to female oe
servants in continuation of
leave without production ofmaternity
Medical
leave / child
Certificate.
Dvermma
adoption leave/chil
Commuted leave' is a kind of leave which
servant, whether permanent be
may granted to a
or
temporary on Medical Govemme
amount of commuted leave' Certif+cate.
granted will be debited against half Twice
to the Government
will be equal to leave
servant. The leave salary for the pay leaved
a maximum salary admissible for period
'earned leave'.
of commuted
leag
of 180 days Half
service without may be allowed to be commuted pay leave upu
for an production of Medical
approved course of study certifiedCertificate during the entre
where such leave is utilized
sanctioning
servant has authority.
to be in the
Commuted leave cannot be public interest by the leave
leave at his credit. granted when the Governmenl
no half
production of MedicalpayCertificate
servant for a period not may also be Commuted leave without tne
exceeding 60 days appliedgranted
leave/ child adoption leave/ for in
to a female
Govemmen
Rules 30, 31, 43 (4), 43-B
child care leave. continuation of matemiy
(3) (6) and 43-C
34. What is (4).1
are the
Extraordinary
granted to a Government Leave and in
limitations in respect of (other thanwhat
servant circumstances canithe
quasi-permanent employ? Military
Government servants not inOfficer): h
a

[SOE, 1978, JAO, 1973, 1979.1 permanentor

Or
 BAV RUL KS
12
.hat special etreumstances ean
AO(Nwtal), 1092
Extraordinary Leave he granted?
leave is a kind of
ary
ns. t. Hxtraondinar
A (Hovernment ervant on extravrdinary
serv leave acmissible under CCS(Leave)
lenve
ndy House Rent.Allowance will be admissibleis not entitled to any leave
Ruks

aar.
wn betore poceeding on Extraordinary L.eave. the rate nt which they
at
rie unauthorized absence from duty without lenve. It is also granted to
2. ndinary leave may be
granted to a
ficer) in ecial eireumstances Giovernment servant (other than
Military
a
ia when no other leave is admissible;
)when otherleave is admissible, but
in the Giovernment servant applies
writing for the grant of extraordinary leave.
Ahemporary Goverment servant shall not
one
be granted extraordinary leave
casion in exNcess of the following limits:
n any
(a) three months;

Asix months for common ailments where the Government

has completed one year's continuous service on the date ofservant
of leave of the kind due and admissible under expiry
rules,
months' extraordinary leave under (a) above and his including three
leave is supported by a Medical Certificate as request for such
required by the rules.
c) eighteen months, where the
Government
one year's continuous service
servant who has
is undergoing treatment for- completed
() pulmonary tuberculosis or pleurisy of tubercular origin, in a
recognized sanatorium; or
(i) tuberculosis of any other part of the body by a qualified tuber-
culosis specialist or a Civil Surgeon or StafT
Surgeon, or
(i) leprosy in a recognized leprosy institution or by a Civil Sur-
or Staff'
geon Surgeon or a specialist in
nized as such by the State Administrativeleprosy hospital recog-
Medical Officer con-
cerned; or
iv) for cancer, or for mental illness, in any institution
for the treatment of such disease or a Civil recognized
by Surgeon or Staff
Surgeon or a Specialist in such disease.
)twenty-four months, where the leave is required for the purpose of
prosecuting studies certified to be in the public interest, provided
the Government servant has completed three years' continuous
service on the date of expiry of leave of the kind due and admissible
under these rules, including three months extraordinary leave under
Clause (a)
Rule321
MG-9
 126 SWAMYS- MASTER GUDE TO .R. & S.R
35. Up to what extentcan extraordinary leave be granted+
Govern
ment servant in permanent employ at a time?

[P&T, 1979; SOE,1988.]

Ans. No limit is prescribed for the grant of extraordinary
Government servant in permanent employ except that no Governmeleave to
les.

may be granted leave of any kind for a continuous period exceedinoerva

unless the President, in view of the exceptional circumstancesr yea
determines. erwise
[ Rules 32 and 12. ]

36. How does a spell of extraordinary leave affect earning of leaves

leave?
[P&T, 1979.]
Ans. A Government servant earms half-pay leave at therate of davs
each completed month of service which may include spells of extraordino
leave also. Earning ofhalf-pay leave is not affected by spells of extraordinar
leave. However, in the case of 'earned leave', the advance credit to be aforded
in the leaveaccounton 1st January and Ist July every year will be reducedh
one-tenth of the periods of extraordinary leave availed of by the Government
during the preceding half-year, subject to a maximum of 15 day
Rules 27 and 29. ]

37. How is the case offa temporary Government servant who applie
for extraordinary leave in excess of the limits dealt with?
Ans. 1. When a temporary
Government servant asks for leave in excess of
the limits prescribed under Rule 32 and if the circumstances are exceptional, a.
decision could be taken by the leave sanctioning authority to grant further leave
in excess of the limits in consultation with the Ministry of Finance. If the leave
sanctioning authority is not satisfied with the genuineness of the grounds on
which further leave has been asked for, nor does it consider the grounds as
exceptional, the leave cannot be granted. In such a case, the Government servant
should be asked to rejoin duty within a specified d te
failing which he
render himself liable for disciplinary action. Disobedience of orders to would
duty within the specified period would afford good and sufficient rejoin
disciplinary action under CCS (CCA) Rules, 1965. If he rejoins duty reasons ror
by the
stipulated date, he may be taken back to service and the period of absence nor
covered by leave treated as overstayal of leave and dealt
with Rule 25. with in accordance

2. Ifhe does notjoin duty by the stipulated date, the Authorit

may institute disciplinary proceedings against him. IfDisciplinary
during the course o
disciplinary proceedings he comes for rejoining
do so without prejudice to the disciplinary actionduty,
he should be allowed to
(unless he is placed under suspension). The already initiated against him
question of regularization of me
 LEAVE RULES 127

for consideration till the

of overstayal of leave should be left over
eriod
ad
p e r i o d

inalization
of the disciplinary proceedings.
with GIDs (3) and (4) thereunder. ]
Rule 25 read

8. How is leave governed in the following cases:

(a) a probationer;

(b) a person appointed on probation;

(c)anapprentice;

(d) a person re-employed after retirement.

1956.]
[SAS, 1953;P&T,
Ans. (a) A probationeris governed by the rules which would be applicable
bim, if he held his post substantively otherwise than on probation.
to a post on probation shall be entitled to leave as
(b) A person appointed
admissible to any other Government servant.
(c) An apprentice is entitledto leave on Medical Certificate on leave salary
ivalent to half-pay for a period not exceeding one month in any year of
apprenticeship and extraordinary leave.
EXCEPTION-SAS apprentices are treated like temporary Government
of leave.
servants for the purpose
(A person re-employed after retirement will be treated as if he had
entered Government service for the first time on the date of his re-employment.
[Rules 33 and 34.]

39. Bring out clearly the distinction between 'extraordinary leave'

and 'Leave Not Due'.
Or
How is 'Leave Not Due' different from extraordinary leave?
[SAS, 1972, 1977; P& T., 1973, 1977, 1981.]
Ans. 1. Extraordinary leave is leave without pay while Leave Not Due
caries half-pay, which is admissible to permanent Government servants only
and in specific instances to temporary Government servants.

2. Extraordinary leave is granted in special circumstances when no other

Veis bynule admissible, or when specificallyapplied for in writing. Production
of Medical Certificate is not compulsory. Leave Not Due is an advance grant of
aVe on half-pay against future earning of half-pay leave. This cannot be granted
nOut production of Medical Certificate except when it is in continuation of
matemity leave /child adoption leave/ child care leave
In the case of Leave Not Due, the sanctioningauthority should satisty
t h a t there is reasonable prospect of the Government servant returning to
 GUIDE TO F.R. & SR.
SwAMY'S- MASTER
28

but in the case of Extraordinary leave

duty after its expiry
condition.
leave combin..
4. The total period of absence on Extraordinary Leave ed wit
exceed 5 years. The limit of
kinds of leave should not
days during the entire service.
Due iss
5. Extraordinary leave may be granted to temporary Govemm
Not Due admissible onlv t is
also up to certain limit but Leave to tempora
Government servants who are suffering from TB, Leprosy, Canco
Ilness. have put in a minimumof one year s service.
ifthey Menta
6. Extraordinary leave counts for increments only if it is o
certificate or granted due to inability of Government servant to ioin d
duty on account of civil commotion or for prosecuting higher tee
scientific studies. Leave Not Due counts for increments like otheri nnical e
leave.
7. Extraordinary leave taken otherwise than on medical certificate d
count as qualifying service for pension except when such leave is grante
to inability of Government servant to joinor rejoin duty on account of
commotion or for prosecuting higher technical or scientitic studies but
Not Due counts. Leave
8. Extraordinary leave is not debited in the leave account, whereas Leae
Not Due is debited against half-pay leave.
9. While affording advance credit of "Earned Leave' on Ist
January and
Ist July every y ear. th of period ofextraordinary leave availed ofduringthe
previous half-year is deducted from the advance credit of EL but no such
deduction is made in respect of Leave Not Due
Rules 27. 31, 32, 43 (4) (6), 43-B (3)(6) and 43-C (4) ]
40. If a Government servant is
the date of his retirement on
granted extension of service beyond
superannuation,
get for the extended period of service?
what leave benefits doeshe

Ans. During the period of extension, a Government servant earns only

eamed leave". He may be
granted
()During the period of extension, any earned leave due in respect of
the
period of such
credit on the date extension
plus the eaned leave which was at his
of his retirement on
the usual maximum
period that be
superannuation subject to
can taken at a time.
) After the expiry of the
period of extension, he is entitled the
payment of cash equivalent of the earned leave and half for
at credit on the date of
his retirement on pay leav
earned leave and half superannuation,
pay leave which was earned during the
plus e
of extension, reduced periou
by the earmed leave and half pay leave availe
during the period of extension, subject to a maximum of 300 day».
Rule 39(41