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[Cites 0, Cited by 0] [Section 152F] [Entire Act]

State of Uttar Pradesh - Subsection

Section 152F(2C) in The Subsidiary Rules

(2C)A question was raised whether on the analogy of subsidiary Rule 149 (iii), it was not reasonable to hold that a change in the element of likelihood of re-posting occurring during the course of the leave, should also affect the admissibility of compensatory allowance, e.g.,
(a)Sri X ....... while holding a post in station A, proceeded on leave on average pay for 2 months and 15 days. In the original orders sanctioning the leave, a certificate was recorded that on the expiry of leave he was likely to be re-posted to the same post. Before the expiry of the leave fresh orders were issued posting him to station B.
(b)Sri Y .............. while holding a post in station C, proceeded on leave on average pay for one month. In the original sanction to leave it was stated that on the expiry of leave he would be posted to station D. Before the expiry or leave orders were issued re-posting him to the same post in station C.
Under the General Note (2-B) above, stress is laid or the original intention of the competent authority at the time of sanction of leave and it shows by implication that the title to compensatory allowance remains unaffected during the leave by any subsequent changes in the intention of the competent authority. Accordingly, the grant of compensatory allowance during leave should be regulated in accordance with the original certificate issued before the commencement of the leave and not with reference to the revised orders altering the prospects issued after the commencement of the leave.