Rule 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.
Rule 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)
Rule 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)
Rule 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)]
Rule 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 insufficient 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.
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