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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Uttar Pradesh - Subsection

Section 5(2) in U.P. Fundamental Rule 56 (Amendment and Validation) Act, 1975

(2)Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the Act, as if this Act had come into force on June 7, 1975.Selected Leave RulesUnder Regulation 99, Chapter III framed under Section 16-G of the Intermediate Education Act, casual leave, earned leave, medical leave, maternity leave, leave on private affairs and extraordinary leave can be allowed to Principals, Headmasters, Teachers and other servants for such periods and subject to such conditions as the State Government may decide for similar employees in Government Higher Secondary Schools or may by special order and subject to such exceptional provisions as necessitated by special circumstances direct. Granting authorities are also laid down in Regulation 99.The employees of the Government institutions are subject to leave rules generally meant for the State Government employees. These rules are found in the Financial Handbook, Vol. II, Chapter X, Rules 58 to 104, pages 16 to 135 in 1969 Edition.In addition there are subsidiary rules made by the Government under rule-making powers conferred on him by the Fundamental Rules of Chapter X said above. Together all this yields a voluminous literature and there are also special provisions for special kinds of services.Further, difficulties arisen have been removed by audit instructions etc, printed in the Financial Handbook. Reading at these provisions together and interpreting them authoritatively, in full detail, is a specialised job, requiring a separate big book by itself.In his volume we have to content, ourselves with publication of selected Rules explaining leave and its kinds (as mentioned in the aforesaid Regulation 99) and laying down period for which they are due to the Government School employees and now, therefore, to other recognised schools also. - For other details and complications the Fundamental Rules, Chapter X and the connected subsidiary rules may be constituted.Leave is not a right: - Leave cannot be claimed as of right. These provisions have been made in the rules because it is not always possible to let all who want leave at a particular time to have it at that time and there is a limit beyond which depletion of staff cannot be permitted without dislocating the working of an establishment.Right to ask the leave: - Right to ask for a particular kind of leave rests with the Government servant. The authority empowered to grant leave has not been given the power to alter the nature of leave, though he has the power to refuse or revoke leave at any time according to the exigencies of the public service.As provided in F.R. 67 Leave can not be claimed as of right : - Leave, although a privilege, cannot be refused by the sanctioning authority except on reasonable grounds. F.R. 67 does not, therefore confer a certe blanche to the leave sanctioning authority to refuse leave to a Government servant at its pleasure, when it is refused it must have a reference to the exigencies of service contrarily it does not also follow that a Government servant is entitled to proceed on leave, even when the leave is due, without obtaining prior sanction of the leave sanctioning authority. It will be a gross misdemeanour on the part of the concerned employee if he does so.There may be occasions when under compelling circumstances an employee may not obtain prior permission before leaving the State on leave, such as sudden death of a near relative or a serious sickness in the family. Such cases deserve special consideration and should be decided on their own merits. The leave sanctioning authority has also an equitable obligation to accommodate an employee's right for leave as far as practicable. It would be a good workable formula of exigencies of service are balanced against private interest in so far as it satisfies both ends without injuring wider public interest.Leave Regulations[81-B. (1) Earned leave. [Substituted vide Notification No. G-4-1071/X-92-201-76 dated 21st December, 1992 Published in U.P. Gazette Part I (Ka) dated 5.3.1994.] - The following procedure shall be deemed to have come into force with effect from January 1, 1978 in regard to calculation of earned leave in respect of government servants serving in the State-
(i)Earned leave of thirty-one days shall be credited in advance, in the leave account of every government servant, in two half yearly installments, 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)Earned 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.
In the case of a government servant appointed on or after first January, 1978 earned leave shall be credited at the rate of 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 in which he is appointed.
(iii)When the total earned leave amounts to two hundred and forty days, a government servant shall cease to earn such leave.
Note. - The limit of one hundred and eighty days was raised to two hundred and forty days with effect from January 1, 1987.
(iv)the credit of earned leave under clauses (i) and (ii) above shall be reduced by one-tenth of the period of extraordinary leave availed of during the previous half year, subject to a maximum of fifteen days;
(v)in the case of government servant who ceases to be a government servant due to retirement, resignation, death or any other reason in a particular half year, earned leave shall be credited to his leave account at the rate of 2-½ (two and a half) days for each completed calendar month up to the date he ceases to be a government servant. In such cases a deduction on account of extraordinary leave availed of from the beginning of that particular half year up to 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 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 shall 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;
(vi)while affording credit of earned leave, fractions of a day shall be rounded off to the nearest day.
(vii)A government servant on leave on the last day of a half year shall be entitled 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, subject to the condition that the authority competent to sanction leave has reason to believe that the government servant shall return to duty on its expiry.
(viii)the leave accounts of government servants in respect of earned leave as they existed before 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 is to be maintained in Form 11-D, enclosed to these rules.
(ix)Every order sanctioning earned leave issued by the competent authority in respect of government servant subordinate to him shall indicate the balance of earned leave at the credit of the government servant concerned at the time.
(x)subject to the provisions of Fundamental Rules 67 and 86-A :
(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 120 days but not exceeding 180 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 120 days.
(xi)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 the 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 any kind of leave under these rules provided that the total duration of vacation and 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.
(xii)a government servant may be permitted to surrender a portion of earned leave at his credit and allowed cash payment in lieu thereof in accordance with the orders issued by Government, in this regard, from time to time.
Note. - Forms 11-D and 11-E are Published vide Notification No 6-4-1071/X-42-201-76-dated Dec. 21st 1992.]Form No. 11-D[See sub-rules (i) and (viii) of Fundamental Rule 81-B]Form of Leave Account of Earned Leave Under The U.P. Fundamental Rules.Name of Government Servant................. Designation.......... Date of birth ..................Date of commencement of continuous service.......Date of Permanent employment................... Date of retirement/Resignation/termination of service................
Particulars of service in the calendar half year Completed months of service in the calendar halfyear Earned leave credited at the beginning of halfyear Number of days of extra-ordinary leave availed ofduring the previous calendar half year Earned leave to be deducted (1 /10th of theperiod in Col.-3)
From To
1 2 3 4 5 6
         
Total Earned Leave at credit in days (Cols.4+11-6) Leave taken Number of days Balance of Earned Leave on return from leave(Cols. 7-10) Remarks
From To
7 8 9 10 11 12
         
InstructionsNotes. - (1) The Earned Leave due should be expressed in days.