CHAPTER II
General
Conditions
- Right
to leave
(i)
Leave cannot be claimed as of right.
(ii)
When the exigencies of public service so
require, leave of any kind may be refused or revoked by the authority competent
to grant it, but it shall not be open to that authority to alter the kind of
leave due and applied for except at the written request of the Government
servant.
- Regulation
of claim to leave
A
Government servant’s claim to leave is regulated by the rules in force at the
time the leave is applied for and granted.
- Effect
of dismissal, removal or resignation on leave at credit
(i)
Except as provided in Rule 39 and this
rule, any claim to leave to the credit of a Government servant, who is
dismissed or removed or who resigns from Government service, ceases from the
date of such dismissal or removal or resignation.
(ii)
Where a Government servant applies for
another post under the Government of India but outside his parent office or
department and if such application is forwarded through proper channel and the
applicant is required to resign his post before taking up the new one, such
resignation shall not result in the lapse of the leave to his credit.
(iii)
A Government servant, who is dismissed
or removed from service and is reinstated on appeal or revision, shall be
entitled to count for leave his service prior to dismissal or removal, as the
case may be.
(iv)
A Government servant, who having retired
on compensation or invalid pension or gratuity is re-employed and allowed to
count his past service for pension, shall be entitled to count his former
service towards leave.
- Commutation of one kind of
leave into another
(i)
At the request of a Government servant,
the authority which granted him leave may commute it retrospectively into leave
of a different kind which was due and admissible to him at the time the leave
was granted, but the Government servant cannot claim such commutation as a matter
of right.
[Provided
that no such request shall be considered unless received by such authority, or
any other authority designated in this behalf, within a period of 30 days of the
concerned Government servant joining his duty on the expiry of the relevant
spell of leave availed of by him.]
(ii)
The commutation of one kind of leave
into another shall be subject to adjustment of leave salary on the basis of
leave finally granted to the Government servant, that is to say, any amount
paid to him in excess shall be recovered or any arrears due to him shall be
paid.
NOTE.-
Extraordinary leave granted on medical certificate or otherwise may be commuted
retrospectively into leave not due subject to the provisions of Rule 31.
- Combination
of different kinds of leave
Except
as otherwise provided in these rules, any kind of leave under these rules may
be granted in combination with or in continuation of any other kind of leave.
EXPLANATION.-
Casual leave which is not recognized as leave under these rules shall not be
combined with any other kind of leave admissible under these rules.
- Maximum
amount of continuous leave
Unless the President,
in view of the exceptional circumstances of the case otherwise determines, no
Government servant shall be granted leave of any kind for a continuous period
exceeding five years.
- Acceptance
of service or employment while on leave
(i)
A Government servant (other than a
Government servant who has been permitted a limited amount of private practice
or who has been permitted to undertake casual literary work or service as an
examiner or similar employment) while on leave, including leave preparatory to retirement
shall not take up any service or employment elsewhere, including the setting up
of a private professional practice as accountant, consultant or legal or
medical practitioner, without obtaining the previous sanction of –
(a).
the President, if the proposed services
or employment lies elsewhere than in India; or
(b).
the authority empowered to appoint him,
if the proposed service or employment lies in India.
(ii)
(a).
No Government servant while on leave, other
than leave preparatory to retirement shall ordinarily be permitted to take up
any other service or employment.
(b).
If grant of such permission is
considered desirable in any exceptional case, the Government servant may have
his services transferred temporarily from his parent office to the office in
which he is permitted to take up service or employment or may be required to
resign his appointment before taking up any other service or employment.
(c).
A Government servant while on leave
preparatory to retirement shall not be permitted to take up private employment.
He may, however, be permitted to take up employment with a Public Sector
Undertaking or a body referred to in Clause (a) of sub-rule (2) of Rule 38 and
in that event also leave salary payable for leave preparatory to retirement
shall be the same as admissible under Rule 40.
(iii)
(a).
In case a Government servant who has
proceeded on leave preparatory to retirement is required, before the date of retirement
for employment during such leave in any post under the Central Government in or
outside. India and is agreeable to
return to duty, the unexpired portion of the leave from the date of rejoining
shall be cancelled.
(b).
The leave so cancelled under Clause (a)
shall be allowed to be encashed in the manner provided in sub-rule (2) of Rule
39.
(c).
Deleted.
(iv)
Deleted.
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