Memo.No:21102, Dt:07-08-1998 | Leave Rules - EOL | Grant of leave on Medical Certificate

GOVERNMENT OF ANDHRA PRADESH

FINANCE & PLANNING (FW. FR. I) DEPARTMENT
 
CIRCULAR MEMO No.21102-B/371/A2/FR.l/98.                                     Date:7.8.1998
 
Sub: Public Services - Grant of EOL on Medical Certificate - Instructions - issued.
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As per the existing leave rules, Extra Ordinary Leave can be granted when no other leave is admissible - Extra Ordinary leave can be granted even when other leave is admissible if the Government Servant concerned applies for the grant of Extra Ordinary Leave.
 
2. According to F.R.18 Rule 5-A of A.P. Leave Rules the maximum period for which a Government Servant can remain absent on leave of any kind is five years.
 
3. As per rule 21 of A.P. Revised Pension Rules, 1980, all Extra-Ordinary Leave granted on Medical Certificate shall count as qualifying service. In the case of Extra-Ordinary leave, the appointing authority may at the time of granting leave allow the period to count for qualifying service when such leave is granted due to the Government Servant's inability to re-join duty on account of Civil commotion or for prosecuting higher Scientific and Technical Studies. According to FR 26(b) (ii), the Extra Ordinary Leave taken on Medical Certificate or for any other cause beyond the Government Servants control or for prosecuting higher technical studies, may be permitted to be counted for the purpose of sanction of due increments,

4. As per S.R. 10 contained in Annexure-11 of F.R. 74, the Medical Certificates in support of the leave by the Gazetted Officers shall be from a Government Medical Officer, not below the rank of a Civil Surgeon, However, in the case of Non-Gazetted Officers and Last Grade employees, the Medical Certificates can be obtained from any Registered Medical Practitioner.
 
5. In the case of permanent Government employees the maximum continuous period of leave either with or without leave salary that can be sanctioned shall not exceed 5 years vide FR 18 / Rule 5-A of A.P. Leave Rules. In the case of temporary employees, it shall not ordinarily exceed 3 months vide Rule 23 (a) (ii) of A.P. Leve Rules.

6. The authorities competent to grant Extra-Ordinary Leave Read specified in F.R.66. But as per FR 26 (b) (ii), only the Leave on Medical Certificate to be counted for purpose of allowing increments, if the period of Extra-Ordinary Leave on Medical Certificate is not more than six months. If the period of extra Ordinary Leave on Medical Certificate is more than six months, only Government is competent to allow such period to be counted for purposes of increments. Thus, the leave sanctioning authority is different from authority which is authorised to permit counting Extra Ordinary Leave on Medical Certificate for purpose of increments.
 
7. Government are receiving proposals where certain Government employees after availing Extra Ordinary Leave for long periods are coming up with a request to count such periods of E.O.L. for increments producing Medical Certificates, long after the event-in some cases, even after 10-15 years.
8. It is, therefore, considered necessary to issue comprehensive instructions in the matter of sanction of Extra-Ordinary Leave on Medical Certificate
 
9. The Government direct that all the authorities competent to sanction leave should sanction leave on Medical Certificate (i.e.) Earned Leave, Leave on Half Pay, Commuted Leave, leave not due, Maternity Leave, Hospital Leave, Special Disability Leave and Extra-Ordinary Leave, only in cases where the leave application is accompanied by a Medical Certificate from the competent Medical Authority. If the Medical Certificate is not enclosed along with the application, the leave on Medical Certificate should not be sanctioned, but only leave on private affairs has to be sanctioned. However, in very exceptional cases where the employee may not be in a position to obtain certificate immediately, for instance. in cases such as where an employee meets with an accident and is hospitalised or hospitalised due to sudden illness and not in a position to obtain Medical Certificate at the time of submission of application for the grant of leave on Medical Certificate, the employee concerned may be permitted to produce the Medical Certificate at the time of re-joining duty after expiry of Leave, along with the Certificate of fitness to re-join duty. If the Medical Certificate is not produced along with the fitness certificate at that stage, the leave sanctioning authorities should not grant leave on Medical Certificate, but sanction only leave on private affairs.

10. All the Heads Offices who maintain the Service Books of the employees and are competent to record entries in the Service Book, are also requested to ensure that in all cases where the employees are sanctioned Extra-Ordinary Leave on Medical Certificate, the fact of sanctioning Extra Ordinary Leave on Medical Certificate is specifically recorded in the Service Book. If no such entry is recorded in the Service Book, the benefit of allowing such period to count for increments or to count as qualifying service for pension does not arise.
 
11. All the Departments of Secretariat all Heads of Departments are therefore, requested to communicate these instructions to all the authorities concerned.
 
A.R. JAY APRAKASH
SECRETARY TO GOVERNMENT

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