SECTION-I: PRELIMINARY AND GENERAL
1. Short title:
These rules may be called the Andhra Pradesh Leave Rules, 1933.
2. Application:
They shall apply to the holders of all posts under the rule making control of the State Government, whether for the time being in foreign service or not:
(a), (b), (c), Explanations, Exception and Rulings – May be deleted.
2-A. Omitted
3. Commencement:
These rules shall come into force on the 4th September, 1933.
4. Definitions:
In these rules unless there is anything repugnant in the subject or context: -
(a) "duty" does not include any period of absence on any leave admissible under these rules or under the Fundamental Rules read with Rule 5 of these rules but includes: -
(i) any period of absence on casual leave during a continuous period spent on duty
(ii) any period of absence on gazetted holidays or other days declared to be holidays by a competent authority, during a continuous period spent on duty;
(iii) any period of absence on gazetted holidays when permitted to be prefixed or affixed to leave;
(iv) any period of absence during the vacation either during a continuous period spent on duty or when permitted to be prefixed or affixed to leave;
(v) any period spent on foreign service if contribution towards leave salary is paid on account of such period;
(vi) joining time; and
(vii) all periods declared to be on duty under Fundamental Rule 9(6)(b) and the subsidiary rules made thereunder.
(b)
(i) "Government Servant" means any person to whom these rules apply;
(ii) "Permanent Government Servant" means a government servant who holds substantively a permanent post in superior or Last Grade Service or who hold a lien on such a post or would hold such a lien had it not been suspended;
(iii) "Non-Permanent Government Servant" means a government servant who is not a permanent Government servant,
(c) "State Government" means the Government of Andhra Pradesh; and
(d)
(i) "Pay" means the greater of the amounts specified below:
(a) the substantive pay (including special pay, overseas pay, technical pay, personal pay, and any other emoluments classed as pay) on the date before the leave commences, or
(b) that average monthly pay (including special pay, overseas pay, technical pay, personal pay and any other emoluments classed as pay) earned during the ten complete months preceding the month in which the leave commences. [Subs. by G.O.Ms.No. 509, Fin., Dt. 15-12-1976]
[An officer who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on leave]. [Substituted by G.O.Ms.No. 19, Fin., Dt. 24-01-1977]
(ii) "Half pay" means half the substantive pay (including special pay, overseas pay, technical pay. personal pay and other emoluments classed as pay) on the day before the leave commences.
Notes (1) to (3): Omitted by G.O.Ms.No. 509, Fin., Dt. 15-12-1976.
Note (4): For the purpose of sub-clauses (i) and (ii) of this clause 'Special Pay' drawn by non-cadre Deputy Secretaries to Government with reference to para 2 of G.O.Ms.No. 1656, General Administration (Special-A) Department, Dt. 30-09-1957, and the Special Pay drawn by Draftsman to Government in the Law Department, shall be treated as pay.
[Note (5): For the purpose of sub-clause (i) and (ii) of this clause 'Special Pay' drawn by the Sub-Inspectors and Reporters of the Andhra Pradesh Shorthand Board, Hyderabad will be treated as pay).
G.O.Ms.No. 1558, Fin., Dt. 24-10-1958,
Memo.No. 28977/59, Fin., Dt. 02-02-1959,
G.O.Ms.No. 2294, Fin., Dt. 08-12-1959 &
G.O.Ms.No. 453, Fin., Dt. 06-12-1961
[Note (6): For the purpose of sub-clauses (i) and (ii) of this clause, the Special Pay, of Rs. 150 paid to the Joint Secretary to Government, Law Department, in lieu of higher scale of pay shall be treated as pay]. [G.O.Ms.No. 128, Fin., Dt. 14-03-1972]
[Note (7): For the purpose of sub-clauses (i) and (ii) of this clause all the Special pays drawn by the strictly confidential staff working in the General Administration and Home Departments will be treated as pay]. (G.O.Ms.No. 234, Fin., Dt. 01-07-1968)
(Note (8): For the purpose of sub-clauses (i) and (ii) of this clause Special Pay drawn by the Special Branch Staff of C.I.D., consisting of the Manager, S.B. Clerks working as camp clerks to the I.G.P. and additional I.G.P. and Section Heads in Special Branch, C.I.D. will be treated as pay. - G.O.Ms.No. 158, Fin., Dt. 01-07-1968)
(e)
(i) 'half pay leave' means leave earned in respect of completed years of service,
(ii) 'half pay leave due' means the amount of leave calculated at the rate of twenty days per every completed year of the entire service, diminished by the amount of leave on private affairs and leave on medical certificate under the terms of 'unearned leave' before the terms of half pay leave became applicable.
Note: The term 'e1itire service' does not include emergency service.
RULINGS
[The pay in excess of that admissible under the State Government or the special pay or the deputation allowance drawn while on foreign service will not be taken into account for the purpose of calculating leave-salary.
For the purpose of sub-clauses (i) and (ii) of this clause the deputation allowance in the nature of special pay drawn by Govt. Servants while on deputation to other Governments will be treated as pay].
(G.O.Ms.No. 202, Fin., Dt. 05-06-1964)
5. Applicability of Fundamental Rules:
The Fundamental Rules as issued and amended from time to time by the President of the Republic of India and the subsidiary rules as issued and amended from time to time by the State Government shall, in so far as they are not inconsistent with these rules and subject to the provisions of Fundamental Rule 2-A, apply mutatis mutandis to all persons to whom these rules apply in respect of matters not dealt within these rules.
5-A. Maximum Leave:
Unless the Government in view of the exceptional circumstances of the case otherwise determine, no Government servant shall be granted leave of any kind for a continuous period exceeding five years.
(G.O.Ms.No. 532, Fin., Dt. 01-12-1972)
[Note 1: Wilful absence from duty not covered by the grant of any leave will be treated as 'dies-non' for all purposes viz., increment, leave and pension.
Note 2: Extraordinary Leave to the extent of 36 months shall count as qualifying service when taken on Medical Certificate or due to inability to join or re-join duty on account of Civil Commission. If the Extraordinary Leave is availed for prosecuting higher scientific and or technical studies, such leave will count as qualifying service, to the extent of 36 months, provided the Government servant serves the Government for at-least 36 months after completing the studies). [G.O.Ms.No. 102, Fin. (FR. I), Dt. 21-05-1966]
[Note 3: Interruptions between two or more spells of service shall be treated as automatically condoned without any formal orders of the sanctioning authority, excluding however, the periods of interruption themselves). [Existing Note renumbered as Note l & Notes 2 & 3, were added by G.O.Ms.No. 87, Fin., Dt. 13-03-1979]
[Note 4: In all cases of unauthorised absence to duty for a continuous period exceeding 'One Year', the penalty of removal from service shal6 be imposed on the Government employee, after duly following the procedure laid down in the A. P. Civil Services (CCA) Rules, 1991). (G.O.Ms.No. 11, Fin. (FR. l), Dt. 31-01-2004)
6. Combination of Leave:
Subject to the restrictions in [Rule 15-B(iii) and 18-B(iii)], any kind of leave admissible under these rules may be granted in combination with any other kind of leave so admissible or in continuation of leave already taken whether of the same or of any other kind. (G.O.Ms.No. 102, Fin. (FR-1), Dt. 21-05-1966)
6-A. Treatment of Over stayal of leave:
In the case of a government servant governed by the Andhra Pradesh Leave Rules, 1933, who remains absent after the end of his leave, the period of such overstayal of leave should unless the leave is extended by the competent authority, be treated as follows
(a) If the officer is in superior service-
(i) as leave on (half-pay on) private affairs to the extent such leave is due; unless the overstayal is supported by medical certificate;
(ii) as leave on (half-pay on) medical certificate to the extent such leave is due, if the overstayal is supported by a medical certificate;
(iii) as extraordinary leave to the extent the period of leave due on (half-pay on] private affairs and / or on medical certificate falls short of the period of overstayal. [G.O.Ms.No. 143, Fin., Dt. 01-06-1968]
(b) If the officer is in last grade service as in (a)(ii) and (iii) above mutatis mutandis. The Government servant is not entitled to leave-salary during such overstayal of leave not covered by an extension of leave by the competent authority.
[Note: A temporary Government servant working under emergency provisions who remains absent from duty after applying for leave or extension of leave to which he is not entitled to under the rules shall be deemed to have been discharged from duty with effect from the date from which he is not entitled to any leave unless the leave applied for is granted by Government in relaxation of relevant rules. (G.O.Ms.No. 436, Fin., Dt. 01-06-1957)]
7. Leave preparatory to retirement:
(a) Leave at the credit of a Government servant in his leave account shall lapse on the date of compulsory retirement
Provided that if in sufficient time before the date of compulsory retirement an officer has been denied in whole or in part on account of exigencies of public service any leave applied for and due as preparatory to retirement (then he may be granted, after the date of compulsory retirement) the amount of earned leave which was due to him on the said date of compulsory retirement subject to the maximum limit of 120/60 days, as prescribed in Rules 11/17 (3) so long as the leave so granted, including the leave granted to him between the date from which the leave preparatory to retirement was to commence and the date of compulsory retirement does not exceed the amount of leave preparatory to retirement actually denied, the half pay leave, if any *applied for by an officer preparatory to retirement and denied in the exigencies of public service being exchanged with earned leave to the extent such leave was earned between the date from which the leave preparatory to retirement was to commence and the date of compulsory retirement;
Provided further that every Government servant- (a) who, after having been under suspension, is reinstated within 120 days / 60 days as prescribed in Rules 11 and 17(3) as the case may be, preceding the date of his compulsory retirement and was prevented by reasons of having been under suspension from applying for leave preparatory to retirement, shall be allowed to avail of such leave as he was prevented from applying for, subject to a maximum of 120 days / 60 days as prescribed in Rules 11 and 17(3) as the case may be reduced by the period between the date of reinstatement and the date of compulsory retirement]. [G.O.Ms.No. 361, Fin., Dt. 16-8-1972]
Maximum limit of availment of E.L., preparatory to retirement is enhanced from 120 days to 180 days - G.O.Ms.No. 415, Dt:30-11-1977
An application for leave preparatory to retirement should be submitted two months in advance - G.O.Ms. No. 161, Dt: 21-02-1963
(b) who is not retired from service on attaining the age of compulsory retirement while under suspension and was prevented from applying for leave preparatory to retirement on account of having been under suspension, shall be allowed to avail of the leave to his credit subject to a maximum of 120 days / 60 days, prescribed in Rules 11 and 17(3) as the case may be after termination of proceedings as if it had been refused as aforesaid, if, in the opinion of the authority competent to order reinstatement, he has been fully exonerated and the suspension was wholly unjustified Provided further that an officer, whose service has been extended in the interest of the public service beyond the date of his compulsory retirement may be granted earned leave as under :-
(i) during the period of extension, any earned leave due in respect of the period of such extension and, to the extent necessary, the earned leave which could have been granted to him under the preceding proviso had he retired on the date of compulsory retirement.
(ii) after the expiry of the period of extension: -
(a) the earned leave which could have been granted to him under the preceding proviso had he retired on the date of compulsory retirement, diminished by the amount of such leave availed of during the period of extension; and
(b) any leave earned during the period of extension as has been formally applied for as preparatory to final cessation of his duties in sufficient time during the extension and refused to him on account of the exigencies of the public service; and
(iii) in determining the amount of earned leave due in respect of the extension with reference to Rule 8, the earned leave, if any, admissible under the preceding proviso shall be taken into account.
Provided further that the grant of leave under this rule, extending beyond the date on which an officer must be compulsorily retired, or beyond the date up to which an officer has been permitted to remain in service, shall not be construed as extension of service.
(iv) Explanation: For the purpose of this rule an officer may be deemed to have been denied leave only if in sufficient time before the date on which his duties finally cease, he has either formally applied for leave as leave preparatory to retirement and has been refused of it on the ground of exigencies of public service or has ascertained in writing from the sanctioning authority that such leave if applied for would not be granted on the aforesaid ground.
SECTION II - GRANT OF LEAVE
A - PERMANENT GOVERNMENT SERVANTS IN SUPERIOR SERVICE
8. Earned leave:
A permanent Government servant in superior service earns leave
(i) Deleted by G.O.Ms.No. 284, Finance, Dt. 26-8-1964.
(ii) May be deleted.
(iii) if he is not included in sub-rule (ii), at the rate of one-eleventh of the period spent on duty, provided that he shall cease to earn leave while he has to his credit such leave amounting to 180 days (enhanced from 180 days to 240 days vide G.O. Ms. No. 10, Finance, Dt. 10-01-1983). (G.O. Ms. No. 192, Fin., Dt. 1-6-1964)
Earned Leave is simplified vide GO.Ms. No: 384, Dt:05-11-1977, GO.Ms.No: 188, Dt:30-07-1973, GO.Ms.No: 386, Dt:06-09-1976, GO.Ms.No: 186, Dt:23-07-1975, GO.Ms.No: 208, Dt:16-08-1975, GO.Ms.No: 27, Dt:19-01-1976, GO.Ms.No: 415, Dt: 30-11-1977, GO.Ms.No: 15, Dt:09-01-1979.
9. Reduction of Earned Leave:
(a) If a permanent Government servant in superior service is in a vacation department, his earned leave shall, for each year of duty in which he has availed himself of the vacation, be reduced by 45 days or by 30 days according as he earns leave at the rate of one-seventh or one-eleventh of the period spent on duty. If a part only of the vacation has been taken in any year, the period by which the earned leave shall be reduced shall be a fraction of 45 or 30 days, as the case may be equal to the proportion which the part of the vacation taken bears to the full period of vacation.
(b) If a permanent Government servant in superior service is in the X-Ray or Radium Department of Government Medical Institutions or if a permanent Medical Officer is in a Government Tuberculosis Institution or Sanatorium, his earned leave shall, for each period of compulsory leave of one month granted to him every year, be reduced by 15 days.
RULING
The compulsory leave referred to in rule (b) will be granted only after every eleven months of duty in the X-Ray or Radium Department of a Government Medical Institution or in a Government Tuberculosis Institution or Sanatorium.
10. Earned Leave Due:
The amount of leave due is the amount of earned leave diminished by (a) the amount of earned leave which has been taken and (b) one-half of the amount of special disability leave taken on full pay under Fundamental Rules 83(7)(b).
11. Maximum Earned Leave:
The maximum earned leave that may be granted at a time to a Government servant in superior service, shall be 120 days (or 150 days in the case of an officer mentioned in sub-rule (ii) of Rule 8) Provided that the earned leave that may be granted exceeding a period of 120 days or 150 days, as the case may be, but not exceeding 180 days if the entire leave so granted or any portion thereof is spent outside India, Burma, Ceylon, Nepal and Pakistan
[Provided further that where earned leave exceeding a period of 120 days or 150 days, as the case may be, is granted under the above first proviso, the period of such leave spent in India, Burma, Ceylon, Nepal and Pakistan shall not, in the aggregate, exceed the aforesaid limits].
G.O.Ms.No. 192, Fin. (FR), Dt. 1-6-1964 &
G.O.Ms.No. 284, Fin., Dt. 26-8-1964
12. Combination of vacation:
Vacation may be availed of in combination with or in continuation of any kind of leave admissible under these rules
[Provided that the total duration of vacation, and earned leave taken in conjunction, whether such earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the amount of leave due and admissible to the Government servant at a time under Rule 8];
[G.O.Ms.No:209, Fin., Dt. 16-6-1964]
[Provided further that the total duration of vacation, earned leave and leave on half pay commuted on medical ce1tificate and/or half pay leave on private affairs taken in conjunction shall not exceed *180 days]. [G.O.Ms.No. 143, Fin., Dt. 1-6-1968]
13. Leave on Half-Pay
(a) The half-pay leave admissible to a Government servant in permanent employ in superior service for each completed year of service is twenty days].
G.O.Ms.No. 300, Fin., Dt. 18-11-1965,
G.O.Ms.No. 143, Fin., Dt. 1-6-1968 &
G.O.Ms.No. 159, Fin., Dt. 5-6-1970
The half-pay leave is admissible in respect of period spent on duty and on leave including extraordinary leave.
(b) The half-pay leave due may be granted to a government servant on medical certificate or on private affairs.
14. Omitted by G.O.Ms.No. 300, Fin., Dt. 18-11-1965.
15. Omitted by G.O.Ms.No.415, Fin., Dt. 30-11-1977.
15-A. Omitted ibid.
RULING
A permanent Government servant or an approved probationer in Superior Service may be granted leave on medical certificate for the treatment of tuberculosis or leprosy provided that a medical certificate from the Government servant's authorised medical attendant or the Medical Officer in charge of a recognized sanatorium, in the case of those undergoing treatment in a recognised sanatorium, is produced. The prospect of returning to duty on the expiry of the leave should be assessed on the basis of the certificate given by the appropriate medical authority.
15-B. Commuted Leave:
Commuted leave not exceeding half the amount of half-pay leave due may be granted on medical certificate to a permanent Government servant in superior service subject to the following conditions: -
(i) commuted leave during the entire service shall be limited to a maximum of two hundred and forty days;
(ii) when commuted leave is granted, twice the amount of such leave shall be debited against the half-pay leave due;
(iii) the total duration of earned leave and commuted leave taken in conjunction shall not exceed one hundred and eighty days: - Removed vide G.O.Ms.No.384, Dt:05-11-1977.
Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reason to believe that the Government servant will return to duty on its expiry.
Note: When commuted leave is granted to a government servant under this rule and when the Government servant intends to retire or resign subsequently the commuted leave should be converted to half-pay leave and the difference, between the leave salary in respect of commuted leave and half-pay leave should be recovered from him. An undertaking to this effect should, therefore, be taken from the Government servant whenever commuted leave is sanctioned to him. In all cases of resignation and voluntary retirement refund of excess leave-salary should be enforced, while in cases where he is compulsorily retired by reasons of ill-health incapacitating him for further service or in public interest or when he dies before resuming his duty on refund should be conferred.
(1) G.O.Ms.No. 300, Fin. (FR), Dt. 18-11-1965.
(2) G.O.Ms.No. 339, Finance, Dt. 25-11-1975.
(3) G.O.Ms.No. 33, Finance, Dt. 29-1-1976.
15-C. Leave Not due:
Save in the case of leave preparatory to retirement leave not due may be granted to a permanent Government servant in superior service only on medical certificate for a period not exceeding 180 days during the entire service. Such leave will be debited against the half pay leave the Government servant may earn subsequently.
Note (1): Leave not due should be granted only if the authority empowered to sanction leave is satisfied that there is a reasonable prospect of the Government servant returning to duty on the expiry of the leave and it should be limited to half pay leave, he is likely to earn thereafter.
Note (2): Where a Government servant who has been granted leave not due under this clause applies for permission to retire voluntarily, the leave not due shall, if the permission is granted, be cancelled.
Note (3): With reference to Note (2) the retirement in such cases shall have effect from the date on which such leave commenced. An undertaking to this effect should, therefore, be taken from Government servants who avail of leave not due. The question whether a Government servant should be called upon to refund the amount of leave-salary should be decided on the merits of each case, e.g., if the retirement is voluntary, refund should be enforced, if it is unavoidable by reasons of ill-health incapacitating him for further service no refund need be insisted upon]. [G.O.Ms.No. 453, Fin. & Pig., Dt. 7-12-1971]
It has further been decided that when leave not due is granted to a Government servant under the above rule that he applies for permission to retire voluntarily or resigns of his own volition at any time after returning to duty, the question of refund of leave-salary in respect of leave not due already availed before return to duty shall to the extent it has not been subsequently wiped off be treated in the same way as laid down in the preceding paragraph.
[Note (4): In cases where a Government servant who was granted 'Leave not due' has to retire under the Premature Retirement Rules, 1975, he need not be called upon to refund the leave-salary for the period of 'Leave not due' to the extent it could not be earned]. [G.O.Ms.No. 290, Fin. & Pig., Dt:11-11-1981]
This will not cover cases of voluntary retirement under the Premature Retirement, Rules, 1975.
Note (5): In cases where a Government servant is compulsorily retired from service as a measure of penalty under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 the recovery need not be insisted upon.
16. Extraordinary Leave:
[Extraordinary leave may be granted to a permanent Government servant in superior service in special circumstances: -
(i) when no other leave is admissible, under these rules, or
(ii) when other leave being admissible, the Government servant concerned applies in writing for the grant of extraordinary leave,
(iii) the authority empowered to grant leave may retrospectively commute the period of absence without leave into extraordinary leave]. [G.O.Ms.No. 24, Fin., Dt. 16-1-1971]
[Note :-If an authority competent to sanction leave has reason to believe that an attempt is being made by the Government servant to derive the benefit under Article 408 of the Civil Service Regulations in applying extraordinary leave in continuation of and beyond a period of continuous absence on leave with allowances for 28 months preparatory to retirement, such authority should refuse the extraordinary leave in such case by exercising the discretion vested in it under Rule 67]. [G.O.Ms.No. 2052, Fin., Dt. 14-4-1960]
B. - PERMANENT GOVERNMENT SERVANTS IN LAST GRADE SERVICE
17. Earned Leave:
(1) A permanent Government servant in last grade service earns leave at the rate of one twenty second of the period he has spent on duty provided that he shall cease to earn leave while he has to his credit such leave amounting to 240 days]. G.O.Ms.No. 165, Fin., Dt. 17-8-67 & G.O.Ms.No. 10, Fin.,Dt. 10-1-83.
If the Government servant is in a vacation department, his earned leave shall be reduced by 15 days for each year of duty if the Government servant has availed himself of the vacation. If a part only of the vacation has been taken in any year the period by which the earned leave shall be reduced shall be a fraction of 15 days equal to the proportion which the part of the vacation taken bears to the full period of the vacation.
(2) The amount of leave due is the amount of earned leave diminished by (a) the amount of earned leave which has been taken, and (b) one-half of the special disability leave taken on full pay under Fundamental Rule 83(7)(b).
[(3) The maximum earned leave that may be granted at a time to a last grade Government servant in permanent employ shall be 60 days]. G.O.Ms.No. 165, Fin., Dt. 17-8-1967 & G.O.Ms.No. 159, Fin., Dt. 5-6-1970
(4) Vacation may be combined with or availed of in continuation of any kind of leave admissible under these rules
[Provided that the total duration of vacation and earned leave taken in conjunction, whether such earned leave is taken in combination with or in continuation of other leave or not shall not exceed the amount of leave due and admissible under sub-rule (3) above]; [G.O.Ms.No. 159, Fin., Dt. 5-6-1970]
[Provided further, that the total duration of vacation, earned leave on half pay commuted on medical certificate and / or half-pay leave on private affairs taken in conjunction shall not exceed 180 days].
[G.O.Ms.No. 143, Fin. & Pig., Dt. 1-6-1968]
Note: All regular last grade employees are allowed earned leave on par with the employees in superior service, vide GO.Ms.No:329, Finance, Dt. 17-12-1982 and G.O.Ms.No:9, Finance,Dt. 10-1-1983.
18. Leave on Half Pay
(a) The half-pay leave admissible to a Government servant in permanent employ in last grade service in respect of each completed year of service is 20 days.
(b) The half-pay leave due may be granted to a permanent Government servant in last grade service on medical certificate or on private affairs.
Note: The leave already taken as leave on medical certificate shall be debited against leave due admissible under this rule. If the leave already taken exceeds the limit prescribed under this rule no further leave (till the excess debit wiped off by accrual of half-pay leave at the said rate) shall be granted by the leave-salary already granted shall not be affected.
18-A. Deleted
A. Deleted by G.O.Ms.No. 300, Finance (FR.I.), Dt. 18-ll-1965.
RULING
A permanent Government servant in last grade service may be granted leave on medical certificate for the treatment of tuberculosis or leprosy [Provided that the medical certificate, from the Government servant's authorised medical attendant or the Medical Officer in-charge of a recognised sanatorium, in the case of those undergoing treatment in a recognised sanatorium, is produced. The prospect of returning to duty on the expiry of the leave should be assessed on the basis of the certificate given by the appropriate medical authority). [G.O.Ms.No. 300., Finance (F.R.I.), Dt. 18-11-1965]
18-B. Commuted Leave:
Commuted leave not exceeding half the amount of half-pay leave due may be granted on medical certificate to a permanent Government servant in last grade service subject to the following conditions
(i) commuted leave during the entire service shall be limited to maximum of two hundred and forty days; - Vide G.O.Ms.No. 186, Dt:23-07-1975.
(ii) when commuted leave is granted, twice the amount of such leave shall be debited against the half-pay leave due;
(iii) the total duration of earned leave and commuted leave taken in conjunction shall not exceed one hundred and eighty days: - Removed vide G.O.Ms.No. 384,Dt:05-11-1977.
Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reasons to believe that the Government servant will return to duty on its expiry.
[Note: When commuted leave is granted to a government servant under this rule and when the Government servant intends to retire or resign subsequently the commuted leave should be converted to half-pay leave and the difference between the leave-salary in respect of commuted leave and half-pay leave should be recovered from him. An undertaking to this effect should, therefore, be taken from the Government servant whenever commuted leave is sanctioned to him. In all cases of resignation and voluntary retirement refund of excess leave salary should be enforced while in cases where the retirement is compulsorily thrust upon him by reasons of ill-health incapacitating him for further service or in public interest or when he dies before resuming his duty no refund should be enforced).
G.O.Ms.No:300, Fin., Dt. 18-11-1965,
G.O.Ms.No. 336, Fin., Dt. 25-11-1975 &
G.O.Ms.No. 33, Dt. 2 9-1-1976
18-C. Leave Not due:
Save in the case of leave preparatory to retirement leave not due may be granted to a permanent Government servant in last grade service only on medical ce1tificate for a period not exceeding 180 days during the entire service. Such leave will be debited against the half-pay leave the Government servant may earn subsequently]. (G.O.Ms.No. 543, Finance, Dt. 7-12-1971)
[Note (1): Leave not due should be granted only if the authority empowered to sanction leave is satisfied that there is a reasonable prospect of the Government servant returning to duty on the expiry of the leave and it should be limited to the 'half-pay leave he is likely to earn thereafter.
Note (2): Where a Government servant who has been granted leave not due under this clause applies for permission to retire voluntarily the leave not due shall, if the permission is granted, be cancelled.
Note (3): When reference to Note (2) the retirement in such cases shall have effect from the date on which such leave commenced. An undertaking to this effect should, therefore, be taken from Government servants who avail of leave not due. The question whether a Government servant should be called upon to refund the amount of leave salary should be decided on the merits of each case, e.g., if the retirement is voluntary, refund should be enforced, if it is unavoidable by reasons of ill-health incapacitating him for further service, no refund need be insisted upon].
G.O.Ms.No. 300, Finance Dt. 18-11-1965,
G.O.Ms.No. 336, Fin., Dt. 25-11-1975 &
G.O.Ms.No. 33, Dt. 29-1-1976
It has further been decided that when leave not due is granted to a Government servant under the above rule and he applies for permission to retire voluntarily or resigns of his own volition at any time after returning to duty the question of refund of leave salary in respect of leave not due availed of before return to duty shall to the extent it has not been subsequently wiped off be treated in the same way as laid down in the preceding paragraph.
[Note (4): In case where a government servant who was grantee! 'Leave not due' has to retire under the Premature Retirement Rules, 1975, he need not be called upon to refund the leave salary for the period of leave not due to the extent it could not be earned). (G.O.Ms.No. 290, Fin. & Pig., Dt. 19-11-1981)
This will not cover cases of voluntary retirement, under the Premature Retirement Rules, 1975.
[Note (5): In cases where a Government servant is compulsorily retired from service as a measure of penalty under the Andhra Pradesh Civil Service (Classification, Control and Appeal) Rules, 1963 the recovery need not be insisted upon.] [Memo.No.11710/84/FR-J, Dt. 3-9-1968]
19. Extraordinary Leave:
Extraordinary leave may be granted to a permanent Government servant in last grade service on the same terms as for a permanent Government servant in superior service.
C - NON-PERMANENT GOVERNMENT SERVANTS IN SUPERIOR OR LAST GRADE SERVICE
20. Earned Leave:
A non-permanent Government servant: -
(i) If in superior service, shall earn leave-
(a) at the rate of one-eleventh of the period spent on duty if he is a probationer.
(b) at the rate of one-eleventh of the period spent on duty if he is employed in the X-Ray or Radium Departments of Government Medical Institution or employed as Medical Officer in a Government Tuberculosis Institution or Sanatorium or in the Tuberculosis Department, Government Hospital; and
(c) at the rate of one-twenty second of the period spent on duty in the other cases;
[Provided that a person coming under sub-clause (a) shall cease to earn leave when he has as to his credit such leave amounting to 120 days, up to 31st May 1964, and to 180 days from 1st June, 1964 (and a person coming under sub-clause (b) or (c) above shall cease to earn leave when he has to his credit such leave amounting to thirty days). Memo.No. 11710/84/FR-I, Dt. 3-9-1968)]
[Note: Government servants referred to in Rule 20(i)(b) who are probationers and fall under Rule 20(i)(a) shall be entitled to avail compulsory leave for one month at the expiry of the period of every eleventh month of duty as a probationer in the departments and institutions mentioned in the said rule. Their earned leave shall, for each period of compulsory leave of one month granted to them every year, be reduced by 15 days]. [G.O.Ms.No. 249, Fin. (FR-I), Dt. 13-12-1967]
((ii) If he is in the Last Grade Service, earns leave at the rate of one-twenty second of the period spent on duty, provided that he shall cease to earn leave while he has to his credit such leave amounting to 50 days or 30 days as the case may be, according as he is an approved probationer or not].
[G.O.Ms.No. 344, Fin., Dt. 28-5-1955]
Note: All regular last grade employees are allowed earned leave on par with the employees in superior service, - GO. Ms. No. 329, Finance, Dt. 17-12-1982 and GO. Ms. No.9, Finance, Dt. 10-01-1983.
[Note 1: If a non-permanent Government servant in superior service is in a vacation department, his earned leave shall be reduced by fifteen days for each year of duty in which he has availed himself of the vacation. If a part only of the vacation has been taken in any year, the period by which the earned leave shall be reduced shall be a fraction of fifteen days equal to the proportion which the part of the vacation taken bears to the full period of the vacation. Earned leave is not, however, admissible to a Last Grade Government servant in a vacation department who is not in permanent employ).
(G.O.Ms.No. 1907, Fin., Dt. 31-7-1960)]
[Note 2: A member of the Operation Subordinate Service or Construction Subordinate Service, when appointed to a post in the State cadre on probation or under emergency provisions shall earn leave at the rate of one-eleventh of the period spent on duty). G.O.Ms.No. 44, Fin., Dt. 18-2-64 &
G.O.Ms.No. 143, Fin., Dt. 1-6-68)]
[Note 3: For grant of leave to temporary Government servants, the provisions of Note (4) under S.R. 2 under F.R. 103(a) may be seen]. [G.O.Ms.No. 319, Fin., Dt. 15-12-1965]
RULING
[When a Govt. servant is appointed temporarily in the first instance and placed on probation at a subsequent date with retrospective effect, his leave account shall be recast with effect from the date of retrospective regulation of his service but the leave already availed of between that date and the date of issue of orders regarding placing him on probation with retrospective effect ( or the date of return from leave, if he was on leave on the latter date) shall not be altered in any manner any additional leave that becomes due as a result of recasting of the leave account shall be availed of only after the latter date].
(G.O.Ms.No. 250, Fin., Dt. 13-12-1967)]
21. Amount of Earned Leave:
The amount of leave due is the amount of earned leave diminished by
(a) the amount of leave which has been taken, and
(b) one half of the amount of special disability leave taken on full pay under F.R-83(7)(b).
22. Maximum Earned Leave:
The maximum amount of (earned leave) that may be granted at a time to a temporary Government servant shall be –
(a) 120 days if he is probationer in superior service;
(b) 50 days if he is probationer in last grade service; and
(c) 30 days in other cases.
22-A. Combination of vacation:
Vacation may be availed of in combination with or in continuation of any kind of leave admissible under these rules Provided that the total duration of vacation and earned leave taken in conjunction, whether such earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the limit prescribed in Rule 22(a) or (b) or (c), as the case may be; Provided further that the total duration of vacation, earned leave and half-pay leave commuted on medical certificate and or half-pay leave shall not exceed 180 days ]. (Amendment from 180 days to 240 days is required)
[G.O.Ms.No. 44, Fin., Dt. 18-02-1964 &
G.O.Ms.No. 143, Fin., Dt:01-06-1968]
23. Leave on Half Pay & Extra Ordinary Leave:
(a) (i) A temporary Government servant in Superior Service / Last Grade Service is entitled to half-pay leave at the rate of twenty days for each completed year of service].
G.O.Ms.No. 24, Fin. (FR-I), Dt. 16-01-1971,
G.O.Ms.No. 32, Fin., Dt. 22-01-1972 and
G.O.Ms.No. 63, Fin., Dt. 03-03-1980
He may avail this leave only on medical certificate and after two years of service / one year of service. He may commute half the amount of half-pay leave due on medical certificate. When commuted leave is granted twice the amount of such leave shall be debited against the half-pay leave due. The total duration of earned leave and commuted leave taken in conjunction shall not exceed 180 days (limit is removed vide GO.Ms.No:384, Dt: 05-11-1977).
provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reason to believe that the Government servant will not return to duty on its expiry.
[Note: When commuted leave is granted and when he intends to retire or resign subsequently the commuted leave should be converted to half-pay leave and the difference between the leave salary in respect of commuted leave and half-pay leave should be recovered from him. An undertaking should, therefore, be taken from the Government servant whenever commuted leave is sanctioned to him. In all cases of resignation and voluntary retirement refund of excess leave-salary should be enforced while the cases where retirement is compulsorily thrust upon him by reasons of ill-health incapacitating him for further service no refund should be enforced). [G.O.Ms.No. 143, Fin., Dt. 01-06-1968]
(Amendments may be required on par with the Rules 18-B and 18-C)
(ii) In the case of Non-Permanent Government servants, the duration of Extraordinary Leave on any one occasion shall not exceed the following limits:
(a) three months;
(b) six months, in cases where the Government servant has completed three years continuous service on the date of expiry of leave of the kind due and admissible under the rules (including three months extraordinary leave) under (a) and above and his request for such leave is supported by a Medical Certificate, as required under the rules;
(c) eighteen months where the officer is undergoing treatment for;
(i) pulmonary tuberculosis (or pleurisy of tubercular origin), in a recognised Sanatorium; or
(ii) tuberculosis of any other part of the body by a qualified tuberculosis specialist or a Civil Surgeon; or
(iii) leprosy in a recognised leprosy institution or by Civil Surgeon or a Specialist in Leprosy in Leprosy recognised as such by the State Administrative Medical Officer concerned.
Note(1): The concession of extraordinary leave up to eighteen months will also be admissible to a Government servant suffering from pulmonary tuberculosis or pleurisy of tubercular origin who receives treatment at his residence under Tuberculosis Specialist recognised as such by the State Administrative Medical Officer concerned and produces a certificate signed by that specialist to the effect that he is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended.
Note (2): The concession of extraordinary leave up to eighteen months under this sub-rule will be admissible only to those Government servants who have been in continuous Government service for a period exceeding one year.
Note (3): Government employees belonging to Scheduled Castes and Scheduled Tribes may be granted extraordinary leave by the Heads of Departments only once in relaxation of the above limits to join Pre-Examination Training courses at the centres notified by the Government of India or by the State Government from time to time.
(d) twelve months where the Government servant is undergoing treatment for Cancer, or for mental illness in an institution recognised for the treatment of such disease or by a civil surgeon or a specialist in such disease;
(e) twenty-four months where the leave is required for the purpose of prosecuting studies certified to be in the public interest: (Execution of bond is necessary as per GO.MS.No:183, Dt:21-07-1978)
Provided that the Government servant has completed three years continuous service on the date of expiry of leave of the kind and due and admissible under the rules (including three months extraordinary leave under item (a) above).
Note: This concession will be admissible only to those Government servants who have been in continuous Government service for a period exceeding one year.
(b) Unless the Government in view of the exceptional circumstances of the case otherwise determines, no Government servant, who is not a permanent employee, shall be granted extraordinary leave in excess of the limits prescribed in sub-rule (a) of Rule 23.
[(c) The authority empowered to grant leave may retrospectively commute the periods of absence without leave into extraordinary leave]. (G.O.Ms.No:532, Fin. (FR-I), Dt.01-12-1972)
RULINGS
[(1) Method of calculation of leave admissible to 'Government servants or promotion from 'last grade' to 'superior' service under Andhra Pradesh Leave Rules, 1933 :-
A Government servant in last grade service may become eligible for leave in accordance with the rules applicable to pe1manent Government servants in superior service. In such a case, the earned leave due to the Government servant should be calculated at 1/22nd of the period spent on duty in last grade service and 1/11th of the period spent on duty in superior service subject to the condition that the maximum is applied on both the cases separately. In other words, the earned leave due to the Government servant in last grade service should first be calculated at 1/22nd of duty and the limit of fifty days applied. The balance of earned leave should then be carried over and added to the account of earned leave admissible from the date on which he became eligible for leave at 1/11th of duty as for other Government servants in superior service, the total amount of earned leave being restricted to [180] days. [Enhanced from 120 days vide G.O.Ms.No. 165, Fin., Dt. 17-8-1967]
A non-permanent Government servant, who has held without a break fust a superior post and again alternatively last grade and superior posts, should be allowed leave to the same extent as a person promoted from last grade to superior service.
(2) The condition in Rule 23 should be deemed to be satisfied if the Government servant concerned has served in a post in regular capacity for a total period of two years or one year, as the case may be. Emergency service prior to the date of regularisation, if any, should be ignored, in reckoning the period of service of two years or one year as the case may be.
[Clarification: Temporary employees including emergency service are not eligible for the grant of half pay leave either on Medical Certificate or on private affairs (Rule 23(a)(i) read with Ruling 2 thereunder]. [Memo. No. 20584/302 F.R.f./74-1, Dt. 12-09-1974]
(3) The grant of extraordinary leave to temporary Government servants undergoing treatment for tuberculosis or leprosy in a recognized Sanatorium is subject to the following conditions: -
(i) the post from which the Government servant proceeds on leave is likely to last till his return to duty; and
(ii) a certificate from the medical officer in-charge of the sanatorium specifying the period for which leave is recommended should be produced. Extraordinary leave up to twenty-four months may be granted also to temporary Government servant suffering from tuberculosis of any part of the body on the production of a certificate by a qualified Tuberculosis Civil Specialist or a Civil Surgeon.
(4) A list of medical officers, who can be regarded as Tuberculosis Specialists (both Government Medical Officers and Private Medical Practitioners) for the purpose of the proviso to Rule 23(a)(ii) is appended at the end.
[(5) Half pay leave including commuted half pay leave on full pay may be combined with vacation or sandwiched between two periods of vacation]. [G.O.Ms.No. 144, Fin., Dt. 1-6-1968]
(6) An approved probationer in last grade service may be granted half pay leave on medical certificate for the treatment of tuberculosis or leprosy [Provided that medical certificate from the Government servant's authorized medical attendant or the medical officer in-charge of a recognised Sanatorium in the case of those undergoing treatment in a recognised sanatorium is produced. The prospect of returning to duty on the expiry of the leave should be assessed on the basis of the certificate given by the appropriate medical authority]. [Memo. No. 20584/302 F.R.I. / 74-1, Dt. 12-9-1974]
24. Lapse of Earned Leave:
If an interruption of duty other than leave occurs in the service of a non-permanent Government servant, the earned leave to his credit shall lapse.
25. Protection to Probationers in Superior Service:
(l) Notwithstanding anything contained in Rules 20, 23 and 24, a probationer in superior service who has completed or is deemed to have completed his period of probation satisfactorily shall be eligible for such leave as would be admissible to him if he held his post substantively, but if at any time he ceases to be a Government servant for want of vacancy and subsequently re-appointed, his leave account shall be credited with the amount of earned leave and half-pay leave due to him on the day when he last ceased to be Government servant]. [Sub. by G.O.Ms.No. 143, Fin. (FR-I), Dt. 1-6-1968]
[(2) Notwithstanding anything contained in sub-rule ( 1) of Rule 17, clause (ii) of Rule 20 and Rule 23 a probationer in Last Grade Service who has completed or is deemed to have completed his period of probation satisfactorily shall be eligible for such leave as would be admissible to him if he held his post substantively, but, if at any time he ceases to be a Government servant, his leave account shall be credited with the amount of Earned Leave and half pay leave due to him on the day when he last ceased to be a Government servant]. [Added by G.O.Ms.No. 519, Fin., Dt. 29-12-1976]
Note (1): Non-permanent workers of the Government Press, who came within the purview of Chapter IV-A of the Factories Act, 1934, and who have completed a period of twelve months continuous service, within the meaning of the explanation to Section 49-8 of the said Act, shall be deemed to have completed their probation satisfactorily for purposes of earning leave.
[Note(2): The members of the Survey and Land Records Subordinate (Temporary) Service, who have completed 2 years’ service on duty within a continuous period of 3 years, shall deemed as having completed the period of probation for purpose of the above rule]. [Added by G.O.Ms.No. 519, Fin., Dt. 29-12-1976]
RULING
Scope of Rule: 25 (1) The Government have decided that, though Rule 25 enables an approved probationer, who is awaiting substantive appointment to a permanent post, to earn and be granted leave as a permanent Government servant, it does not authorise the recalculation of his leave account in respect of his previous duty. Such a recalculation should be made only after the Government servant is substantively appointed to a permanent post.
((2) The term probationer in Rule 25 includes probationers, who have completed their period of probation satisfactorily in categories in which there are no permanent posts and who cannot obviously await appointment as full members thereof]. [G.O.Ms.No. 250, Fin., Dt. 13-12-1967]
26. Condition for gran of leave:
The grant of leave to non-permanent Government servant shall be subject to the condition that but for the grant of the leave he would have continued to hold a post in Government service until the expiry of the leave.
[Note (1): A re-employed Government servant may be granted on the termination of his appointment the amount of leave earned by him during the period of employment but subject to a maximum of 30 days provided that he had formally applied for the leave in sufficient time and been refused to on administrative grounds]. [G.O.Ms.No. 34, Fin., Dt. 7-2-1961]
[Note (2): Government servants who are employed after retirement for more than one term may be permitted to carry forward the period of leave earned in the earlier spells of re-employment to subsequent spells irrespective of the number of such extension subject to the provisions of Rule 26 and Note (I) above, provided that the re-employment is continuous]. (Memo. No. 31753/51, Fin., Dt. 6-8-1958)
27. Deleted.
SECTION III- LEAVE SALARY
28. Leave Salary – Superior Services:
A Government servant in superior service-
[(a) While on earned leave is entitled to leave salary equal to his pay; while on half pay leave on medical certificate commuted into leave on full pay, is entitled to leave salary equal to twice the pay prescribed in Rule 4(d)(ii)]. (G.O.Ms.No. 34, Fin., Dt. 7-2-1961)]
[(b) While on leave on half pay eitl1er on medical certificate or on private affairs is entitled to leave salary equal to half pay] : [G.O.Ms.No. 19, Fin., Dt. 24-1-1977]
[Provided that when such leave is taken or is combined with earned leave the Government servants for leprosy, tuberculosis, cancer, mental illness and heart diseases treatment, as the case may be, he shall be eligible for leave salary equal to his pay for not more than six months in all on producing a certificate (Note: The benefit is extended to those suffering with renal failure, vide G.O.Ms. No. 268, Dt:29-10-1991) -
(1) from the Medical Officer in-charge of a recognized leprosy, tuberculosis, cancer, mental illness or heart diseases treatment centre of his having undergone regular treatment during the period of such leave, or
(2) from the official medical attendant or the Superintendent of the Government Headquarters Hospital in which such Government servant is kept on the waiting list for admission into a Recognized Centre for want of accommodation in the respective recognised Centre]. [G.O. Ms. No. 349, Fin., Dt. 16-12-1980]
(c) While on extraordinary leave, is not entitled to any leave salary.
Note (1): In the case of a re-employed Government servant who was governed by either the ordinary leave rules in the Fundamental Rules or by the leave rules in the Civil Service Regulations, prior to his re-employment, leave-salary equal to full pay or average pay, is admissible only up to a maximum period of four months at a time. During leave in excess of this period, he will draw leave salary equal to one-half of full pay or average pay. In the case of a re-employed Government servant who was governed by the Special Leave Rules prior to his re-employment, leave-salary equal to full pay, or average pay is admissible for the entire period of six months.
Note (2): Medical Officers and Physicists in the Radiology Department shall draw during the period of their compulsory earned leave, their X-Ray special pay for a period not exceeding one month every year.
Note (3): A Government servant governed by these rules who is granted study leave shall not be eligible for the benefit of the minimum leave-salary prescribed in Rule 90 of the Fundamental Rules. He will draw during each leave half-pay, subject to the limits prescribed in clause (b) of this rule.
[Note (4): (1) A Non-gazetted Government servant on a pay not exceeding Rs. 1,280/- per month in the Revised Pay Scales, 1986 while on extraordinary leave for treatment of Tuberculosis / Leprosy / Cancer / Mental illness / heart diseases / Renal failure (kidney) is entitled to an ex-gratia allowance equal to half of his pay subject to a minimum of Rs. 400/- per month and maximum of Rs. 640/- per month.
(2) A Non-gazetted Government servant on a pay not exceeding Rs. 2,375/per month in the Revised Pay Scales, 1993, while on Extraordinary Leave for treatment of Tuberculosis / Leprosy / Cancer / Mental illness / heart diseases / Renal failure is entitled to an exgratia allowance equal to half of his pay subject to a minimum of Rs. 780/- per month and maximum of Rs. 1,185/- per month]. (G.O.Ms.No. 234, Fin. & Pig., Dt. 27-5-1994)]
RULING
The leave-salary of a non-permanent Government servant in superior service who has completed the period of probation, should be regulated under Rule 4(d)(i)(b), though under Rule 25 he is allowed a concession to earn leave as admissible to a permanent Government servant.
29. Leave Salary – Last Grade Services
(a) A Government servant in Last Grade Service on earned leave is entitled to leave-salary equal to half pay.
A Government servant in Last Grade Service on Half-Pay Leave on Medical Ce1tificate commuted into leave on full pay is entitled to leave salary equal to twice the pay prescribed in Rule 4(d)(ii).
(b) A Government servant in Last Grade Service on Half Pay Leave on Medical Certificate or on private affairs is entitled to leave salary equal to half pay:
Provided that when such leave is taken or is combined with earned leave by a permanent Government servant in last Grade service for leprosy, tuberculosis, cancer, mental illness or heart diseases treatment, as the case may be, shall be eligible for salary equal to his pay for not more than six months in all on producing a certificate (1) from the Medical Officer in charge of a recognised leprosy, tuberculosis, cancer, mental illness or heart diseases treatment centre of his having undergone regular treatment during the period of such leave or (2) from the Official Medical attendant or the Superintendent of the Govt. Headquarters Hospital in which such Government servant is kept on the waiting list for admission into a recognised centre for want of accommodation in the respective recognised Centre. (the benefit is extended to those suffering with renal failure also vide GO Ms.No:268, Dt:29-10-1991).
(c) A Government servant in Last Grade Service on extraordinary leave is not entitled to any leave salary.]. [Subs. by G.O.Ms.No. 243, Fin., Dt. 15-6-1976 & G.O.Ms.No. 349, Fin., Dt. 16-1-1980]
Note:
(i) A Government servant in the Last Grade Service in the Revised Pay Scales, 1986 while on Extraordinary Leave for treatment of Tuberculosis / Leprosy / Cancer / Mental Illness / Heart Diseases / Renal Failure (Kidney Failure) is entitled to an ex-gratia allowance equal to half of his pay subject to a minimum of Rs. 375/- per month and maximum of Rs. 575/- per month.
(ii) A Government servant in the Last Grade Service in the Revised Pay Scales of 1993, while on Extraordinary Leave for treatment of Tuberculosis / Leprosy / Cancer / Mental Illness / Heart Diseases / Renal Failure (Kidney Failure) is entitled to an ex-gratia allowance equal for half of his pay subject to a minimum of Rs. 690/- per month and maximum of Rs. 1,050/- per month). [G.O.Ms.No. 234, Fin. & Pig., Dt. 27-5-1994]
RULING
Grant of leave on average pay shall be for six months to permanent Last Grade Government servant suffering from tuberculosis.
The rule permits only the drawal of average pay for six months during earned leave or medical leave granted for the treatment of tuberculosis. It is not in addition to other kinds of leave with pay admissible under the rules.
SECTION IV - TRANSITIONAL PROVISIONS
30. Transitional Provisions - May be deleted.
Form of Leave Account - As per G.O.Ms. No. 200, F. & P. Dt. 10-12-1999
govt.memo No. 47064/1164/FRI/74I F&P dept, dated 25-9-1974 require please
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