RULING (Under Rule -15 A)
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.
Rule 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 illhealth 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.
Rule 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 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 toduty, 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.
Rule 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]
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