Section 154 in U.P. Fundamental Rule 56 (Amendment and Validation) Act, 1975
154. Maternity leave shall not be debited against the leave account and may be combined with leave of any other kind.
Note. - (1) Deleted.Note. - (2) Regular leave in continuation of maternity leave may also be granted in case of illness of a newly-born baby, subject to the female Government servant producing a medical certificate from the Authorised Medical Attendant to the effect that the ailing baby warrants the mother's personal attention and that her presence at the baby's side is absolutely necessary.Note. - (3) In the case of temporary Government servant the leave granted under Rules 153 and 154 shall not extend beyond the period the appointment is likely to last.](7)Casual Leave: - S.R. 201. - Casual leave is not recognised and is not subject to any rule, Technically therefore a Government servant on casual leave is not subject to absent from duty, and his pay is not intermitted, Casual leave, however, must not be given so as to cause evasion of the rules regarding-(i)Date of reckoning allowance.(ii)Charge of Office.(iii)Commencement and end of leave.(iv)Return to duty.(8)Special disability leave : - Para 83 (1). - The Governor may grant special disability leave to a Government servant whether permanent or temporary who is disabled by injury intentionally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position.(2)The period of leave granted shall be such as is certified by the medical board to be necessary. It shall not be extended except on the certificate of a medical board and shall in no case exceed 24 months.(3)Such leave may be combined with leave of any other kind.(4)Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.(5)Such leave shall be counted as duty.(6)Except as mentioned below, leave salary during such leave shall be equal.(a)For the first four months of any period of such leave including a period of such leave granted in Clause (5) of this rule, to average pay, and(b)For the remaining period of any such leave to half average pay, or at the Government servants option, for a period of not exceeding the period of average pay which would otherwise be admissible to him to average pay :Provided...............to whom W/M Comp Act, applies.(9)Leave earned by Temporary Service [See U.P. Subsidiary (First Amendment) Rules 1992.]Earned Leave [See amended Rules-81B (1)]Leave on Medical Certificate: - A Government servant to whom his S.R. applies may also be granted leave on medical certificate not exceeding four months in all during his entire temporary service. Such leave can 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.Leave on Private affairs [Rule 81-B (3) Amended]Extraordinary leave :A Government servant to whom this S.R. applies may be granted extraordinary leave in accordance with the provision of FR 85 where the post is likely to last till his return to duty, provided that 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 and his request for such leave is supported by a medical certificate as required under this rule.(iii)Eighteen months when the Government servant has completed one year's continuous service and is undergoing treatment for pulmonary tuberculosis or leprosy.(iv)Twenty-four months subject to a maximum limit of thirty-six months in all, during entire temporary service whether the leave is required for the purpose of pursuing studies in India or abroad certified to be in the public interest provided that-(1)The Government servant concerned has completed three years of continuing service.(2)Before the grant of extraordinary leave the Government servant gives an undertaking by executing a bond ............ to serve at least for three years or in defaultpay an amount equal to four times of monthly pay.(10)Leave Salary :[87-A. A Government servant subject to the leave rules in Fundamental Rule 81-B, when on leave, shall be entitled. [Substituted by Notification No. G-4-1395/X-88-200-76 dated 13.10-1988 (w.e.f. 1.4.1978).] - (1) If on earned leave, or on leave on medical certificate against the limit of twelve months laid down in that rule, 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, from the date of his reversion, 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.(2)If on leave on private affairs under sub-rule (3) or on leave on medical certificate under the first proviso to sub-rule (2) (i) of Fundamental Rule 81-B, to leave salary equal to half the amount specified in sub-rule (1).(3)If on commuted leave, to leave salary, equal to the amount admissible under sub-rule (1).(4)If on extraordinary leave, to no leave salary.Note. - In the case of a person to whom the provisions of Employee's State Insurance Act, 1948, apply, the leave salary payable under this 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.Order of the Governor regarding Rule 87-A :(1)In the cases of government servants to whom Rule 87-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 government servant governed by Rule 87-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. (See also orders of the Governor under Subsidiary Rule 158).(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.](11)Other Important Leave Rules :F.R. 55. - (1) Leave may not be granted to a Government servant under suspension.F.R. 60. - (2) Leave is earned by duty only. For 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. 65 (b). - A Government servant who is dismissed or removed from service, but is reinstated on appeal or revision, is entitled to count his former service for leave.F.R. 67. - Leave cannot be claimed as right. It is on the direction of the authority empowered to grant it. That authority is fully empowered to refuse it if the exigencies of the public service so require.F.R. 68. - Sunday or other recognized holidays may be prefixed to leave or affixed to leave or joining time subject to such conditions and under such circumstances as the Governor may by rule or order prescribe.F.R. 69. - A Government servant during leave may not take any service or accept any employment without obtaining the previous sanction of the appointing authority.F.R. 69 (2) (b) (2). - A Government servant is on duty during a duly authorised course of instruction or training.F.R. 70. - A Government servant is liable to be recalled to duty before expiry of his leave but all such orders should state whether the return to duty is optional or compulsory. In the former case, the Government servant is not entitled to get any concession from Government and in the latter case he is entitled, under certain circumstances to travelling allowance for joining his duty under Rule 51 of the Financial Hand Book, Volume III, and the Government servant will be treated on duty from the date on which he starts for the station where he has to report himself for duty.F.R. 73. - A Government servant who remains absent after the end of his leave is entitled to no leave salary for the period of such absence and that period will be debited against his leave account as though it were leave on half average pay, unless his leave is extended by the Government wilful absence from duty after the expiry of leave may be treated as misbehaviour for the purpose of Rule 15.Audit Instruction Regarding Rule 73 :Fraction of a day should not appear in the leave accounts. Fractions below ½ should be ignored and those of ½ or more should be reckoned as one day.F.R. 76. - A leave account shall be maintained for each Government servant.F.R. 82. - (b) Vacation counts as duty.F.R. 99-A. - If a Government servant whose leave is governed by F.R. 81-B, or subsidiary Rule 157-A, applies for earned leave within three months of return from vacation, either taken along or combined with earned leave a further spell of earned leave should not save in most exceptional circumstances be granted if the total combined period of earned leave applied for and the vacation and earned leave admissible at a time under the proviso to sub-rule (1) of F.R. 81-N governed by sub-rule (1) of subsidiary Rule 157-A. S.R............... 154.A Government servant whose work requires him to be present at his station for a period of the vacation is not considered to have availed himself of the vacation if he has not been absent from the station except on duty for more than fifteen days of the vacation. Every such Government servant should, immediately after the close of the vacation furnish a certificate in the form and according to the procedure prescribed in Note 2 under S.R. 146.Note-2I certify that I was detained on duty from.......to during the vacation of the school/college of the year.............under the order of (Name of higher authority) communicate in his letter No...............dated................Sign, of the Government servant.DesignationCountersignedSign, of the Higher authority Designation.Para 90(iii) of Manual of Government orders.Sunday or closed holidays which precede a period of casual leave or come at the end of...................may be permitted to be prefixed and/or suffixed to such leave at the discretion of the sanctioning authority who should ensure that by the grant of this permission normal work is not dislocated and this facility is not abused (G.O. No. 8/2/69). Dated 8.9.1969.Medical leave :Rule No. 96-(a). - Where the leave is for a period of one month or less and the incapacity is not due to definite injury the authority competent to sanction leave may at its discretion, secure a second medical opinion, by requesting the Civil Surgeon to have the applicant physically examined. Should it decide to do so; it must arrange for the second medical examination to be made on the earliest possible date after the date on which the first medical opinion was given.(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.
