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[Cites 0, Cited by 0] [Section 157A] [Entire Act]

State of Uttar Pradesh - Subsection

Section 157A(1) in The Subsidiary Rules

(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.]