(64—74)

64. Unless in any case it be otherwise expressly provided by or under these rule, a government servant transferred to a service or post to which these rules apply from a service or post to which they do not apply is not ordinarily entitled to leave under these rules in respect of duty performed before such transfer; but a government servant reverting from duty as Judge of the High Court of Judicature at Allahabad or the Chief Court of Avadh may count such duty for leave as though it were duly performed in a vacation department; all leave taken during the service concerned being treated as taken under these rules.

65. (a) If a government servant, who quits the public service on compensation or invalid pension or gratuity, is re-employed and if his gratuity is thereupon refunded or his pension held wholly in abeyance, his past service thereby becoming pensionable on ultimate retirement, he may, at the discretion of the authority sanctioning the re-employment and to such extent as that authority may decide, count his former service towards leave.

NOTE—Clause (a) of this rule will apply to men who, after resigning their appointments in the police force of any province, were re-enlisted in the Uttar Pradesh Police Force in accordance with paragraph 393 of the Police Regulations on or after March 1, 1933. Cases of such men re-enlisted before that date will be regulated under old clause (a) of Fundamental Rule 65 as it stood before revision on September 5, 1928.

Audit instruction regarding rule 65(a)

Treatment for the purpose of leave of the previous service of a government servant who resigns one appointment to take up another appointment—Resignation of the public service, even though it is followed immediately by re-employment, should entail forfeiture of past service for the purpose of leave under the Fundamental Rules and should, therefore, constitute an "interruption of duty" for the purpose of Subsidiary Rule 158.

(b) A government servant who is dismissed or removed from service, but is reinstated on appeal revision, is entitled to count his former service for leave.

65-A. A government servant who had been in military employ prior to his re-employment in the service of the Government and who was in such service on December 31,1931, is entitled, irrespective of any break between his military and civil employment, to a credit to his leave account in accordance with the provisions of rule 77, based on such portion of his military service as, under the rules for the time being in force, is permitted to count for pension.

Order of the Governor regarding rule 65-A

Leave charges on account of leave granted in respect of military service allowed to count under this rule will be met from the provincial revenues.

66. Except as expressly mentioned otherwise, leave, other than special disability leave and leave extending beyond the date of compulsory retirement, may be granted by such authorities subordinate to the Government as the Governor may by rules or orders, specify.

(For rules made by the Governor under rule 66 see Part III of this Volume, Chapter VI).

NOTE—(1) The High Court of Judicature at Allahabad are competent to grant all kinds of leave (including special disability leave and leave extending beyond the date of compulsory retirement) to persons belonging to the Subordinate Civil Judicial Service, or in other words, to Munsifs and Civil Judges (including Judges of the Small Cause Courts established under the Provincial Small Cause Courts Act) under their control subject to the conditions and restrictions laid down in the rules made by the Governor and general orders issued by him under those rules.

NOTE—(2) The Chief Justice of the High Court of Judicature at Allahabad is competent to grant all kinds of leave (including special disability leave and leave extending beyond the date of compulsory retirement) as may be admissible under the rules to persons serving on the staff attached to the Court.

Orders of the Governor regarding rule 66

The High Commissioner for India is authorized under this rule to exercise the powers mentioned in the rules framed by the Governor under rule 74(b) in respect of extensions of leave other than special disability leave.

67. Leave cannot be claimed as of right. When the exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.

68. Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that on which charge is resumed. When joining time is allowed to a government servant returning from leave out of India, the last day of his leave is the day before the arrival of the vessel in which he returns at her mooring or anchorage in the port of disembarkation, or, if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India. Sundays or other recognized holidays may be perfixed to leave or affixed to leave or joining time subject to such conditions and under such circumstances as the Governor may by rule or order prescribe.

(For rules made by the Governor under rule 68, see Part III of this Volume, Chapter VII).

Audit instructions regarding rule 68

1. The joining time of a government servant who returns from leave out of India and disembarks, not at the first port of call in India, but at another such port, should be recknoned from the day of arrival of the vessel at the second or subsequent port at which he actually disembarks, whether the sea journey from the first port of call in India to the subsequent port of disembarkation is made in the same steamer which takes him to the first port of call or in some other steamer.

2. The provision in this rule—that when joining time is allowed to a government servant returning from leave out of India, the last day of his leave is the day before the arrival of the vessel in which he returns at her mooring or anchorage in the port of disembarkation, or if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India—applies only to cases falling under Fundamental Rule 105(c) in which joining time is granted to a government servant returning from leave out of India of more than four months’ duration.

69. A government servant on leave may not take any service or accept any employment without obtaining the previous sanction of—

(a) the Government, if the proposed service or employment lies elsewhere than in Asia;

(b) the Governor, if the proposed service or employment lies in Asia elsewhere than in India; and

(c) the Governor or any lower authority empowered to appoint him, if the proposed service or employment lies in India;

Provided that a government servant who has been granted permission to take any service or accept any employment under this rule, during leave preparatory to retirement, shall be precluded, save with the specific consent of the Governor or any lower authority empowered to appoint him, as the case may be, from with drawing his request for permission to retire, and from returning to duty.

NOTE—This rule does not apply to casuall iterary work, or to service as an examiner or similar employment; nor does it apply to acceptance of foreign service, which is governed by rule 110.

Orders of the Governor regarding rule 69

1. In a case where a government servant has been granted leave on the strength of a medical certificate this rule should not be construed as permitting him to undertake regular employment during such leave.

2. Officers on leave preparatory to retirement, desiring to take up Government employment, shall be given the option of retiring forthwith, or of remaining on leave, until they have exhausted the leave admissible to them, on condition that, so long as they are employed under the Government, leave-salary will be restricted to the amount of the pension admissible to them on retirement. In the case of non-pensionable government servants re-employed during their leave preparatory to retirement in a department other than their present departments in India or Pakistan, the leave-salary shall, however, be restricted to half of leave-salary admissible in respect of leave on full pay or average pay as the case may be.

70. All orders recalling a government servant to duty before the expiry of his leave should state whether the return to duty is optional or compulsory. If the return is optional, the government servant is entitled to no concession. If it is compulsory, he is entitled—

(a) If the leave from which he is recalled is out of India—

(i) to receive a free passage to India; and, provided that he has not completed half the period of his leave by the date of leaving for India on recall, or three months, whichever period is shorter, to receive a refund of the cost of his passage from India;

(ii) to count the time spent on the voyage to India as duty for purposes of calculating leave; and

(iii) to receive leave-salary during the voyage to India and for the period from the date of landing in India to the date of joining his post to be paid leave-salary at the same rate at which he would have drawn it had he not been recalled but returned in the ordinary course on the termination of his leave and for the latter period travelling allowance under rules made in this behalf by the Governor.

(b) If the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw travelling allowance under rules made in this behalf by the Governor for the journey, but to draw until he joins his post leave-salary only.

Orders of the Governor regarding rule 70

1. Order recalling a government servant from leave out of India should be communicated to him officially through the High Commissioner for India.

2. The concession referred to in the second sentence of this rule is a concession of the category permitted by this rule. The concessions under rule 70 are clearly not intended to affect the Privileges of government servants which are admissible under other rules; the concession may be availed of when they happen to prove additional to, or better than, the ordinary privileges.

Audit Instructions regarding rule 70(a)(iii)

The expression "on the termination of his leave" in clause (a)(iii) of Fundamental Rule 70 means "on the termination of the period of leave as determined by his recall as opposed to the whole of the leave he was originally granted". The effect of this interpretation will be to make the same leave-salary admissible for the period of transit in India as would be admissible has the return to duty been voluntary and the period of voyage been leave proper and the period of transit in India been leave proper or joining time under Fundamental Rule 105, as the case may be.

71. No government servant who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness in such form as the Governor may by rule or order prescribe. The Government may require a similar certificate in the case of any government servant who has been granted leave for reasons of health, even though such leave was not actually granted on a medical certificate.

(For rules made by the Governor under rule 71, see Part III of this Volume, Chapter VIII).

72. Unless he is permitted to do so by the authority which granted his leave, a government servant on leave may not return to duty more than fourteen days before the expiry of the period of leave granted to him.

73. A government servant who remains absent after the end of his leave is entitled to no leave-salary for the period of such absence, and that period will be debited against his leave account as though it were leave on half average pay, unless his leave is extended by the Government. Wilful absence from duty after the expiry of leave may be treated as misbehaviour for the purpose of rule 15.

NOTE—In the case of a government servant governed by leave rules laid down in Fundamental Rule 81-B and Subsidiary Rule 157-A, 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 government servant is in superior service and holds a lien on a permanent post—

(i) as leave on private affairs to the extent such leave is due unless the overstayal is supported by a medical certificate.

(ii) as leave 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 on private affairs and/or on medical certificate falls short of the period of overstayal;

(b) If the government servant is in superior service without a lien on a permanent post or in inferior service, as in (a) (ii) and (iii) above mutatis mutandis.

The period of overstayal of leave will be debited as leave taken but no leave salary will be paid for such period unless it is covered by an extension of leave granted by the competent authority.

74. (a) Subject to the instructions contained in the rules made by the Governor under section 151 of the Act in connexion with the control of the issue of money from treasuries, or by the Auditor General of India in order to secure efficiency and uniformity of audit, the procedure to be followed in India in respect of the following matters shall be such as the Governor may, be rule or order, prescribe:

(i) in making application for leave and for permission to return from leave.

(ii) in granting leave,

(iii) in the payment of leave salary, and

(iv) in the maintenance of records of service.

(b) The procedure to be followed elsewhere than in India will also be prescribed by the Governor in a similar manner.

(For instructions of the Auditor General and rules made under rule 74 by the Governor, see Part III of this Volume, Chapters IX and X and Appendix ‘A’ at the end of that Part).

Section III—* * *