The following leave rules shall apply to:(a)all Government servants who enter Government service on or after April 1, 1966, and hold no lien on a permanent post but are employed in an officiating or temporary capacity;(b)all government servants who were recruited before April 1, 1966 and to whom Subsidiary Rule 157-A applied on that date:Provided that the earned leave at their credit on April 1, 1966, shall stand and they shall earn further leave under sub-rule (1) of this rule with effect from that date:(c)all government servants recruited before January 1, 1936, to whom Subsidiary Rule 157 applies and who elect in writing to come under these rules by making a specific declaration to Government to this effect. The option once exercised shall be final:Provided that:(i)the balance of leave on average pay at the credit of such a government servant on the date of exercising the option referred to above shall not lapse. He will first exhaust all such leave in excess of one hundred and eighty days and when the balance of such leave falls below this period, he shall begin to earn leave under these rules;(ii)half the amount of leave on medical certificate on half average pay already availed of under clause (b) of Subsidiary Rule 157 shall be deducted from the maximum limit of four months' leave on medical certificate on average pay admissible under sub-rule (2) of this rule.(1)[ Earned Leave. - The following procedure shall be deemed to have come to force with effect from January 1,1978 in regard to calculation of earned leave in respect of Government servants serving in the State for the period spent on duty from the date of commencement of continuous service :(i)Earned Leave shall be credited in advance, in the leave account of every Government servant in two half yearly instalments in each calendar year. Sixteen days earned leave shall be credited on the first day of January and fifteen days earned leave on the first day of July of every calendar year.(ii)when the total of earned leave amounts to one hundred and eighty days (raised to two hundred and forty days with effect from January 1, 1987) a Government servant shall cease to earn such leave.(iii)the leave at the credit of a Government servant at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year does not exceed a maximum limit of one hundred and eighty days raised to two hundred and forty days with effect from January 1, 1987.(iv)in the case of a Government servant appointed on or after First January 1, 1978, earned leave shall be credited at the rate of 2½ days for each completed calendar month of service which he is likely to render in a half year of the calendar year in which he is appointed.(v)the credit afforded under clause (i) and (ii) above shall be reduced by one-tenth of period of extraordinary leave only availed of during the previous half year subject to a maximum of fifteen days;(vi)in the case of a Government servant who ceases to be a Government servant due to retirement, resignation, death or for any to her reason in a particular half year, the earned leave shall be credited to his leave account at the rate of two and half days for each completed calendar month upto the date he ceases to be a Government servant due to retirement, resignation, death or for any other reason. In such cases a deduction on account of extraordinary leave availed of from the beginning of that particular half year upto the date he ceases to be a Government servant shall be made from earned leave credited to his leave account for that particular half year. If the earned leave already availed of is more than the credit due to him necessary adjustment shall be made in respect of leave salary, if any, overdrawn. Therefore, before any payment of leave salary and/or pay is made to the Government servant concerned in respect of that month in which he ceases to be a Government servant it should be duly ensured by the competent authority that the earned leave in excess of the credit so due to him has not been sanctioned and overpayment of leave salary has not been made;(vii)while affording credit of earned leave fraction of a day shall be rounded off to the nearest day.(viii)if a Government servant is on leave on the last day of half year he can be allowed by the authority competent to sanction leave to avail of the earned leave to be credited in his leave account on the first day of the following half year of the calendar year provided that he has reason to believe that the Government servant shall return to duty on the expiry of his leave;(ix)the leave accounts of Government servants as they existed before the commencement of these rules shall be closed and earned leave at their credit on December 31, 1977 shall be carried forward in their new leave account to be maintained in Form II D, enclosed to these rules.(x)every order sanctioning earned leave shall indicate the balance of earned leave at the credit of the Government servant;(xi)- subject to the provisions of Fundamental Rules 67 and 86-AL-(a)the maximum period of earned leave that may be granted to a Government servant at a time shall be one hundred and twenty days if spent in India;(b)earned leave may be granted to him exceeding a period of one hundred and twenty days but not exceeding one hundred and eighty days if the entire leave so granted or any portion thereof is spent in a foreign country but the period of such leave spent in India shall not in the aggregate exceed the limit of one hundred and twenty days;(xii)in the case of a Government servant serving in a vacation department-(a)the period of earned leave admissible to him shall be reduced by thirty days for each year of duty in which he avails himself of the full vacation;(b)if he is prevented by reason of Government work from availing himself of the full vacation in any year as provided in Subsidiary Rules 145 and 146, the earned leave admissible to him shall be reduced by a fraction of thirty days equal to the proportion which the part of the vacation availed of bears to the full period of the vacation;(c)if in any year he does not avail himself of the vacation in terms of Subsidiary Rules 145 and 146, the earned leave admissible to him shall not be subject to any reduction;(d)vacation may be taken in combination with, or in continuation of, and kind of leave under these rules, provided that at the total duration of vacation and earned leave is taken in conjunction 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 admissible to him at a time under clause (ii) of this rule except when it is taken for obtaining higher technical qualifications in which case the limit shall be two hundred and seventy days.Note. - The provisions of Subsidiary Rules 145 and 146 also apply in the case of Government servants to whom these rules apply if belonging to a vacation department, but the certificate prescribed in Note 2 under Subsidiary Rule 146 should, in the case of a gazetted Government servant, be sent to the Accountant General alongwith the leave application and not immediately after the close of the vacation.(xiii)a Government servant may be permitted to surrender a portion of earned leave at his credit and allowed cash payment for leave so surrendered by him in accordance with the orders issued by Government in this regard from time to time.(For detailed orders issued by Government, See Appendix 'C'.] [Substituted by Notification No. G-4-107/X/-92-201/76, dated 21.12.1992.](2)[ Leave on medical certificate. - A Government servant to whom this Subsidiary Rule applies may also be granted leave on medical certificate not exceeding four months in all during his entire temporary 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 the amount of leave on medical certificate availed of by a Government servant under Subsidiary Rule 157-A, before the date of application of this rule as amended by Notification No. G-2-2688/X-206-1965, dated August 12, 1966 shall be taken into account in calculating the leave due to him under this rule :Provided further that -(i)the post from which the Government servant proceeds on leave is likely to last till his return to duty;(ii)[ under this rule, leave up to sixty days may be granted by the competent authority on the recommendation of the authorized medical authority. Leave exceeding this period may not be granted unless the competent authority 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;(iii)Where a Government servant dies during the treatment of his illness and the medical leave is otherwise due to such Government servant, the authority competent to grant leave shall sanction the medical leave :(See also Subsidiary Rule 87)] [This rule came into force w.e.f. April 29, 1980.]Provided also that the Government servant who has put in continuous service for three years or more, may be granted leave, on medical certificate up to twelve months (including four months of leave on medical certificate mentioned in this rule) subject to the following conditions :(1)the Government servant must have been appointed in a regular manner (not on ad hoc basis in accordance with the relevant rules of recruitment or formal orders of the Government in this regard;(2)he must have been working against a duly sanctioned cadre post, permanent or temporary, and he may not have been appointed on contract basis;(3)his work and conduct must have been satisfactory and integrity certified; and(4)no action regarding suspension or instituting disciplinary proceedings is contemplated or pending against the Government servant concerned.](3)[ Leave on Private Affairs. - (i) A Government servant to whom these Subsidiary Rules apply may also be granted leave on private affairs not exceeding one hundred and twenty days in all during his entire temporary service :Provided that-(a)leave shall not be admissible until after continuous temporary service of two years has been rendered.(b)the post from which the Government Servant proceeds on leave is likely to last till his return to duty;(ii)Every Government servant shall be entitled to thirty-one days leave on private affairs in every calendar year, the Leave on private affairs shall be credited, in advance, in his leave account in two half yearly instalments in each calendar year. Sixteen days leave on private affairs shall be credited on the first day of January and fifteen days leave on private affairs on the first day of July of every calendar year.(iii)when the total of leave on private affairs amounts to sixty days a Government servant shall cease to earn such leave;(iv)the leave at the credit of a Government servant at the close of the previous half year shall be-carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year do not exceed the limit of sixty days;(v)in the case of a Government servant appointed on or after 1st July, 1979, leave on private affairs shall be credited at the rate of 2½ (two and half) days for each completed calendar month of service which he is likely to render in a half year of the calendar year is which he is appointed;(vi)the credit afforded under clauses (i) and (ii) above shall be reduced by one-tenth or period of extraordinary leave only availed of during the previous half year subject to a maximum of fifteen days;(vii)in the case of a Government servant who ceases to be a Government servant due to retirement, resignation, death or for any other reason in a particular half year, the leave on private affairs shall be credited to his leave account at the rate of two and half days for each completed calendar month upto the date he ceases to be a Government servant due to retirement, resignation, death or for any other reason. In such cases a deduction on account of extraordinary leave availed of from the beginning of that particular half year upto the date he ceases to be a Government servant shall be made from leave on private affairs credited to his leave account for that particular half year. If the leave on private affairs already availed of is more that the credit so due to him, necessary adjustment shall be made in respect of leave salary, if any, overdrawn;Therefore, before any payment of leave salary and/or pay is made to the Government servant concerned in respect of that month in which he ceases to be a Government servant, it should be duly ensured by the competent authority that the leave on private affairs in excess of the credit so due to him has not been sanctioned and over-payment of leave salary has not been made;(viii)while affording credit of leave on private affairs, fractions of a day shall be rounded off to the nearest day;(ix)If a Government servant is on leave on the last day of a half year he can be allowed by the authority competent to sanction leave to avail of the leave on private affairs to be credited to his leave account on the first day of the following half year of the calendar year provided that he has reason to believe that the Government servant shall return to duty on the expiry of his leave;(x)the leave accounts of Government servants as they existed before commencement of these rules shall be closed and leave on private affairs at their credit on 30th June, 1979 shall be carried forward in their new leave account to be maintained in Form 11-E enclosed to these rules;(xi)every order sanctioning leave on private affairs shall indicate the balance of leave on private affairs at the credit of the Government servant;(xii)the maximum period of leave on private affairs that may be granted to a Government servant at a time shall be sixty days.](4)Extraordinary leave. - (a) A government servant to whom this Subsidiary Rule applies may be granted extraordinary leave in accordance with the provisions of Fundamental Rule 85 where the post is likely to last till his return to duty, provided that the duration of extraordinary leave on any one occasion shall not exceed the following limits:(i)three months;(ii)six months, in cases where the government servant has completed three years continuous service on the date of expiry of leave of the kind due and admissible under the rules [including three months extraordinary leave under (1) above] and his request for such leave is supported by a medical certificate as required under the rules;(iii)eighteen months where the government servant has completed one year's continuous service and is undergoing treatment for:(1)pulmonary tuberculosis or tuberculosis of any other part of the body in a hospital or sanatorium or at his residence by the Civil Surgeon or by a qualified tuberculosis specialist recognised as such by the Director of Medical and Health Services, U.P., or(2)leprosy in a recognised leprosy institution or by the Civil Surgeon or a specialist in leprosy recognised as such by the Director of Medical and Health Services, U.P.;subject to the condition that the extraordinary leave shall be granted on the production of a certificate from medical-officer-in charge of the hospital or sanatorium, as the case may be, or from the qualified tuberculosis/leprosy specialist or the Civil Surgeon if such patient is undergoing treatment at his residence and in each case the period for which leave is recommended shall be specified in the certificate.Note - The medical officer incharge of the hospital or of the sanatorium or leprosy institution, the tuberculosis/ leprosy specialist or the Civil Surgeon, as the case may be, shall while recommending leave bear in mind the provisions of Subsidiary Rules 87.(iv)twenty-four months, subject to a maximum limit of thirty-six months in all during entire temporary service, where the leave is required for the purposes of prosecuting studies in India or abroad certified to be in the public interest, provided that-(1)the government servant concerned has completed three years of continuous service on the date of expiry of leave of the kind due and admissible under the rules [including three months of extraordinary leave under sub-rule (1) above];(2)before grant of the extraordinary leave the government servant concerned gives an undertaking by executing a bond prescribed in Form No. 10 to the effect that he would, if required, serve the Government after returning from leave in the same post or in any other capacity as may be required for a period of at least three years and, in default, pay to Government an amount equal to ten times the monthly pay which he was drawing at the time of proceeding on leave, and other expenses, if any, which may be incurred on him together with interest thereon from the day following the expiry of the sanctioned leave at the rate of one per cent over and above the Bank rate in force on the first day of April of the financial year in which the leave may commence.Note - The expression 'Bank rate' mentioned above means the rate made public by the Reserve Bank of India as the standard rate at which it is prepared to buy or rediscount bills of exchange or other commercial paper eligible for purchase under the Reserve Bank of India Act.(b)[ Unless the Governor in view of the special circumstances of the case otherwise determines no Government servant, shall be granted extraordinary leave on any one occasion in excess of the limits mentioned in sub-rule (a). Absence from duty after the expiry of leave will attract the provisions of rules relating to disciplinary proceedings.] [This sub-rule shall be deemed to have come into force w.e.f. 12-9-89 vide Notification No. G-4-34-I/X-89-4-1983 dated 12-9-89](5)Any kind to leave under these rules may be granted in combination with or in continuation of any other kind of leave.(6)[ Leave salary - A government servant to whom this subsidiary Rule applies, when on leave, will be entitled:(a)If on earned leave, or on leave on medical certificate to leave salary equal to the pay drawn immediately before proceeding on leave:Provided that if the government servant is reverted from a post carrying a higher scale of pay to a post carrying a lower scale of pay and proceeds on leave, he will be entitled to leave salary equal to the pay which would have been admissible under the rules had he not proceeded on leave.(b)If on leave on private affairs, to leave salary equal to half the amount specified in clause (a);(c)If on extraordinary leave to no leave salary.Note - In the case of a person to whom the provisions of Employees' State Insurance Act, 1948 apply, the leave salary payable under this sub-rule in respect of leave on medical certificate shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.](7)Whole time government servants who are of the nature of seasonal or casual employees and continue to be paid from contingencies shall only get leave without allowance.[Orders of the Governor regarding rule 157-A.] [The above orders of Governor shall be deemed to have come in to force with effect from April 1, 1973 Vide Notification No. G-4-1395/X-88-200-76, dated October 13, 1288.](1)In the cases of government servants to whom rule 157-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 157-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 it the drawal of arrears of leave salary or recovery of amounts overdrawn.
