Section 154(12) in U.P. Fundamental Rule 56 (Amendment and Validation) Act, 1975
(12)Typical question on leave:Question No. 1. - A clerk absented himself from duty for 15 days on the grounds of illness after submitting a leave application. The leave sanctioning authority disbelieved the statement of clerk and granted him extraordinary leave for this period, although the clerk had applied for earned leave on average pay and the leave application was supported with a medical certificate. The leave applied for was due to him. Has the action of the officer been right?Answer. - In terms of Fundamental Rule 85, extraordinary leave can be sanctioned only when no other kind of leave is due, or when it is specifically applied for. In the present case, because leave on average pay as due to the clerk, which he had duly applied for the nature of the leave was not to be altered. The grant of extraordinary leave therefore has not been in order.Question No. 2 - An officer applied for leave on average pay for 30 days which was admissible to him; but the leave sanctioning authority wanted to punish the officer because the officer was in habit of too frequently taking the leave, extraordinary leave was accordingly sanctioned to the officer. Has the officer been lightly punished?Answer. - When the officer applied for leave on average pay, which was due to him, it was irregular to have granted to him the extraordinary leave, as it is not open to a leave sanctioning authority to alter the nature of leave.Question No. 3. - A Government servant applied for 60 days' leave on average pay followed by leave on half-average pay for 90 days. The leave was certified as admissible. The leave sanctioning authority, however, proposes to grant him only one month's leave on average pay and two months leave on half average pay. Comment on the proposal.Answer. - The proposal is not in order as the nature of the leave; which is due and applied for cannot be altered at the option of the leave sanctioning authority.Question No. 4. - An officer availed 120 days' earned leave on average pay in accordance with the rules. After two months of his joining duty, he again applied for earned leave, which was also due to him. In his application no exceptional circumstance were quoted by the officer should the leave applied for be granted?Answer. - This should not be granted in terms of subsidiary Rule 99 (A) whereby, an interval between two spells of earned leave should be three months, unless there be some most exceptional circumstance. However, when any such leave is specially sanctioned, the sanctioning authority should record the reasons for the same.Question No. 5. - A Government servant was found guilty in a disciplinary proceeding case and the Competent authority ordered that the official should be granted 120 'days' on average pay 90 days' leave on private affairs on half average pay and thereafter he may be treated as compulsorily retired. Has this action been right.Answer. - The action has not been right. A Government servant for whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from Government service cannot be granted any kind of leave. He should accordingly be treated as retired from the date of order, served on him.Question No. 6. - An unmarried woman Government servant gave birth to a child. She has applied for maternity leave. Should it be sanctioned to her?Answer. - In the definition of maternity leave, the word used is a "female Government servant" to whom it could be sanctioned, with no distinction whether she is married or unmarried.Question No. 7. - A Government servant on medical leave returns back 15 days before the expiry of the leave granted to him. He produces a medical certificate of fitness. Should be allowed to join?Answer. - Under F.R. 72, the officer will not be allowed to join unless he is permitted to do so by the authority which granted leave.Question No. 8. - A Government servant was on leave for 30 days. He did not return to duty upto 7 days of the expiry of leave. How this period will be treated and what leave salary will be allowed to the officer?Answer. - In terms of F.R. 73, no leave salary will be allowed to him and the period of 7 days will be debited to his leave account as leave on his average pay.F.R. (Ch. X, Rule 60). - Leave is earned by duty only. For the purpose of this rule a period spent in foreign service counts as duty if contribution towards leave-salary is paid on account of such period.F.R. (Ch. X, Rule 67). - Leave cannot be claimed as of right when the exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.F.R. (Ch. X, Rule 68). - Leave ordinarily begins on the day on which transfer of charge effects and ends on the day preceding that on which charge is resumed.F.R. (Ch. X, Rule 76). - A leave account shall be maintained for each Government servant.
