AP LEAVE RULES, 1933 (RULE 23)

 

Rule 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 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 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 fortuberculosis 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 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]

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