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[Cites 0, Cited by 0] [Section 16] [Entire Act]

State of Punjab - Subsection

Section 16(1) in The Punjab School Education Board Leave Regulations

(1)The earned leave admissible to an employee is :-
(a)1/24th of the period spent on duty during the first 10 years of his service,
(b)1/18th of the period spent on duty during the next 10 years of his service; and
(c)1/12th of the period spent on duty thereafter.
Note. - For the purpose of assessing the length of service under this regulation, break in service accrued as a result of retrenchment shall not entail forfeiture of previous service. Further in case of women employees break in service due to resignation as a result of family circumstances of the employees, shall also be condoned by the reappointing authority; provided that break does not exceed 10 years;Half pay leave. - (2) (a) The half pay leave admissible to an employee in respect of each completed year of "service" is 20 days.
(b)The half pay leave due may be granted to an employee on medical certificate or on private affairs.
(c)Commuted leave not exceeding half the amount of half pay leave due may be granted to an employee on medical certificate only subject to the following conditions :-
(i)Commuted leave during the entire service shall be limited to a maximum of 240 days;
(ii)When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due;
(iii)Half pay leave upto a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilised for an approved course of study, certified to be in the public interest by the leave sanctioning authority :
Provided that no commuted leave may be granted under this regulation unless the authority competent to sanction leave has reason to believe that the employee will return to duty on its expiry and provided further that no commuted leave may be granted unless it has been applied for atleast 30 days at a time.Note 1. - The option once exercised will be final and debars an employee from claiming re-conversion, as a matter of right, though the authority which granted leave can (if so disposed) allow it.Note 2. - When commuted leave is granted to an employee under this regulation and he intends to retire subsequently, the commutated leave should be converted into half pay leave and difference between the leave salary in respect of commuted leave and half pay leave should be recovered. An undertaking to this effect should, therefore, be taken from the employee who avails himself of commuted leave, but the question whether the employee concerned should be called upon to refund the amount drawn in excess as leave salary should be decided on merits of each case i.e. if the retirement is voluntary, refund should be enforced, but if their retirement is compulsorily thrust upon him by reason of ill health, incapacitating him for further service or in the event of his death, no refund should be taken.
(d)Save in the case of leave preparatory to retirement "leave not due" may be granted to an employee 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. Such leave will be debited against the half pay leave the employee may earn subsequently.
Note 1. - Leave not due should be granted if the authority empowered to sanction leave is satisfied that there is reasonable prospect of the employee returning to duty on the expiry of the leave and should be limited to the half pay leave, he is likely to earn thereafter.Note 2. - The half pay leave earned by an employee in respect of a completed year of service can be availed of by him during the course of leave or during an extension thereof within which the date of anniversary of service falls.Note 3. - Where an employee who has been granted "Leave not due" under this clause applied for permission to retire voluntarily, the leave not due shall, if the permission is granted, be cancelled and his retirement shall have effect from the date on which such leave, commenced. An undertaking to this effect should, therefore, be taken from the employees who avail of "leave not due". But the question whether an employee should be called upon to refund the amount of leave salary should be decided on the merits of each case, e.g. if the retirement is voluntarily, refund should be enforced, if it is unavoidable by reason of ill health incapacitating him for further service or in the event of his death no refund should be insisted upon.Note 4. - When "leave not due" is granted to an employee under this clause and he applied for permission to retire voluntarily or resign of his own volition at any time after returning to duty, the question of refund of leave salary in respect of the "leave not due" already availed of before return to duty shall, to the extent it has not been subsequently wiped off, be treated in the same way as laid down in note (3) above.Note 5. - The temporary employees who are suffering from T.B./Leprosy/Cancer or mental illness, "leave not due" may be granted to such employee, for a period not exceeding 360 days during the entire service subject to the fulfilment of conditions of regulation 16(2)(d) ibid and also subject to the following further conditions :-
(i)That the employee has put in minimum of one year's service;
(ii)that the post from which the employee proceeds on leave is likely to last till his return to duty;
(iii)that the request for the grant of such leave is supported by medical certificate of the medical officer of the Board.