Section 80 in U.P. Fundamental Rule 56 (Amendment and Validation) Act, 1975
80. [ Leave Account. [Vide Notification No. G-4-1072/X-92-201-76 dated, 21st Dec. 1992, Published in U.P. Gazette Part I (Ka) dated 5th March, 1994.] - The leave account required by Fundamental Rule 76 in Part I shall be maintained in Form No. 11 and 11-A (prescribed by the Auditor General) in respect of Government servant under the special leave rules and ordinary leave rules respectively. The leave account by Rule 76. of the Uttar Pradesh Fundamental Rules shall be maintained in Form No. 11-B, 11-C, 11-D and 11-E.] [Substituted by Notification No. G-4-484/X-90-216-76, dated 3-5-1990.]
F.R. [(Ch. X, Rule 81 (c)]. - Save in the case of preparatory to retirement, 'leave not due' may be granted to the following conditions-(i)on Medical certificates, within limit of amount; and(ii)other than an M.C. for not more than three months at any one time and six months in all reckoned in terms of leave on average pay.Orders of The Governor Regarding F.R. 81 (C)'Leave not due' may in no case be granted unless the sanctioning authority is satisfied that, as far as can be reasonably foreseen, the Government servant will return to duty and earn it.Governor's Orders Regarding F.R. 81When a Government servant belonging to a vacation department is allowed to affix vacation to leave taken under this rule, the period of leave on average pay plus vocation which may be taken at any time is limited to 4 months. If, however, the period of leave on average pay and the vacation are converted by a medical certificate or spent outside India...........leave on average pay may be taken in combination with vacation upto a total period of eight months or six months as the case may be.F.R.[(Ch. X, Rule 82 (b)]. - Vacation counts as duty.F.R. [(Ch. X, Rule 85 (a)]. - Extraordinary leave may be granted in special circumstance : (1) When no other leave is by rule admissible, or (2) When, other leave being admissible, the Government servant concerned applies in writing for the grant of extraordinary leave. Such leave is not debited against the leave account. No leave salary is admissible during such leave.F.R. [(Ch. X, Rule 85 (b)]. - The authority which has the power to sanction leave may grant extraordinary leave as in clause (a) in combination with, or in continuation of, any leave that is admissible and may commute retrospectively periods of absence without leave into extraordinary leave.Governor's Orders Regarding Rule F.R. 85 (B)The power of commuting retrospectively periods of absence without leave into extraordinary leave is absolute and not subject to the conditions mentioned in clause (a) of Rule; in other words such commutation is permissible even when other leave was admissible to the Government servant concerned at the time his absence without leave concerned.Subsidiary Rule (Ch. IX, Rule 99). - In cases where all applications for leave cannot, in the interests of the public servant, be granted the authority competent to grant leave should, in deciding which application should be granted, take into account the following considerations :(a)The Government servants 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 his 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 the public interest.Casual LeaveSubsidiary Rule (Ch. XX, Rule 201). - Casual leave is not recognised and is not subject to any rule. Technically therefore a Government servant on casual leave is not treated as absent from duty and his pay is not intermitted. Casual leave, however, must not be given so as to cause evasion of the rules regarding-(i)Date of reckoning allowances,(ii)charge of office,(iii)commencement and end of leave,(iv)return to duty.Medical LeaveF.R. [Ch. X, Rule 81-B (2)]. - (1) A Government servant to whom these rules apply may be granted leave on medical certificate not exceeding twelve months in all, during his entire service. Such leave shall be given only on production of a certificate from such medical authority as the Governor may by general or special order specify in this behalf and for a period not exceeding that recommended by such medical authority :Provided that when the maximum period of twelve months is exhausted further leave on medical certificate not exceeding six months in all during entire service may be granted in exceptional cases on the recommendations of a medical board :Provided further that in all cases, in which Government servant may have before the date of application of these rules to them availed of leave on medical certificate under Fundamental Rule 81-B and Subsidiary Rule 157 or 157-A, as the case may be the period of such leave availed of, under Fundamental Rule 81-B and Subsidiary Rule 157-A, as the case may be, and half the period of such leave availed of under Subsidiary Rule 157, shall be taken into account in calculating the leave due to them under this rule.(2)No leave may be granted under this rule, unless the authority competent to sanction leave is satisfied that there is a reasonable probability that the Government servant will be fit to return to duty on the expiry of the leave applied for. (See also Subsidiary Rule 87).Medical CertificateSubsidiary Rules (Ch, IX, Rule 87). - Medical Officers must not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government servant concerned will ever be fit to resume his duties. In such cases the opinion that the Government servant is permanently unfit for Government service should be recorded in the Medical Certificate.Form of Medical Certificate. - As prescribed under Subsidiary Rule 95, Ch. IX).Signature of applicant I after careful personal examination of the case, hereby certify that Sri/ Smt/Km............whose signature is given above is suffering from...........The symptoms of the disease now present are.........In my opinion the cause of the disease is.............The duration of the disease reckoned to this date is........and the outline of the previous history of his disease ascertained from......is as follows-I consider that a period of absence from duty of Sri/Smt./Km., w.e.f. ............is absolutely necessary for the restoration of his/her health.Maternity LeaveSubsidiary Rule (Ch. XIII, Rule 153). - Maternity leave on full pay which a female Government servant, whether permanent or temporary, may be drawing on the date of proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated in this behalf subject to the provisos mentioned at the end of this rule for a period which may extend-(1)in cases of confinement, up to the end of three months from the date of the commencement of the leave or to the end of six weeks from the date of confinement whichever is earlier;(2)in cases of miscarriage including abortion, up to a total period of six weeks on each occasion, provided that the application for leave is supported by a certificate from the Authorised Medical Attendant;Provided that such leave shall not be granted for more than three times during the entire service including temporary' service:Provided further that no such leave shall be admissible until a period of at least two years has elapsed from the date of expiry of the last maternity leave granted under this rule.Subsidiary Rules (Ch. XII, Rule 154). - Maternity leave shall be debited against the leave account and may be combined with leave of any other kind, but any leave applied for in continuation of maternity leave may be granted only if the request is supported by a medical certificate.Subsidiary Rules (Ch. XVII, Rule 167). - A female servant employed at piece rates or daily rates in a permanent or quasi permanent Government institution or concern may be granted by the Head of the Department maternity leave on the same conditions and terms as laid down in Rule 153.Regarding Leave SalaryF.R. (Ch. X, Rule 87-A). - Government servant subject to the leave rules in F.R. 81-B, when on leave, shall be entitled-(1)except as provided sub-rule (2), below, if on earned leave, or on leave on medical certificate against the limit to 12 months laid down in that rules to leave salary equal to average pay or the substantive pay the Government servant is entitled immediately before the commencement of the leave, whichever is greater;(2)if he proceeds on earned leave, or on leave on medical certificate against the limit of 12 months laid down in that rule, from a post the maximum of which does not exceed 90 per mensem, to leave salary equal to the pay drawn immediately before proceeding on leave;(3)if on leave on private affairs under sub-rule (3) or on leave on medical certificate under the first proviso to sub-rule (2) (i) of F.R. 81-B, to leave salary' equal to half of amount specified in sub-rule (1) or sub-rule (2) above as the case may be subject to a maximum of Rs. 750;(4)if an extraordinary leave, to no leave salary.Explanation. - For the purpose of this rule, 'average pay' means the monthly pay earned during the ten complete months immediately preceding the month in which the leave commences, and whose such ten complete months have not elapsed since the date of joining the service average pay' means the average monthly pay earned during the complete month immediately preceding the month in which the leave commences.Governor's Orders Regarding F.R. 87-A(1)In the case of Government servants to which Rule 87-A applies, the authority competent to grant leave has no power to alter the nature of leave applied for.(2)The authority which granted leave to a Government servant governed by Rule 81-A can commute it retrospectively into leave of a different kind which was admissible at the time the leave was originally granted but the Government servant concerned cannot claim it as a matter of right.(3)The commutation of one kind of leave into another automatically carries with the drawal of arrears of leave salary or recovery of amounts overdrawn.VacationSubsidiary Rule 145, Chap. XI. - A Government servant whose work requires him to be present at his station for a portion of the vacation is not considered to have availed himself the vacation if he has not been absent from the station except on duty for more than 15 days of the vacation. Every such Government servant should, immediately after the close of the vacation, furnish a certificate in the following form, prescribed form (also for Gazetted Government servant to be sent to A.G., U.P. himself....................through the higher authority).Certify that I was determined on duty from to...................during the vacation of the (School, College, etc.) of the year..........under the order of (name of higher authority)..................communicated in his letter No..............dated............Signature of theGovernment ServantDesignation.CountersignedSignature of the higher authority.Designation.
