Rule 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.
Rule 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 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 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 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-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 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]
Rule 26. Condition for grant 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)
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