Rules made by the Governor under Uttar Pradesh Fundamental Rule 101

155. Subject to the conditions specified below, the authority whose duty it would be to fill up the post (if vacant) may grant hospital leave to the following categories of government servants whether permanent or temporary, whose duties expose them to special risk of accident or illness, during periods of illness in a hospital or dispensary or while receiving medical aid as an outdoor patient at the station or headquarters of the district in which they are serving:

(1) the government servant eligible for the concession shall be drawing a pay not exceeding Rs. 300 per mensem;

(2) the period of hospital leave shall in no case exceed six months in any one term of three years, whether such leave is taken at one time or by instalments;

(3) leave salary for the first three months of such leave shall be allowed on full average pay in the case of government servants governed by Fundamental Rule 81 or Subsidiary Rule 157 and on full pay which they may be drawing on the date of proceeding on such leave in the case of government servants governed by Fundamental Rule 81-B or subsidiary Rule 157-A. Leave salary for the remaining period of any such leave shall be allowed at half the rates mentioned above;

(4) the illness or injury is certified not to have been caused by irregular or intemperate habits and is directly due to risk incurred in the course of official duties of the government servants concenred;

(5) the leave granted to temporary government servants does not extend beyond the period the appointment is likely to last:—

(a) guards of all departments in permanent employ;

(b) executive government servants in the Police Department enrolled under any Act of the Legislature;

(c) head warders, warders and orderlies of the Jail Department, and guards, warders, dressers and compounders of lunatic asylums inclusive of female servants;

(d) subordinates of the Forest Department including range clerks but excluding other clerks;

(e) Syces in the Animal Husbandry Department;

(f) and employee in the government Press, whether on fixed pay or at piece rates;

(g) subordinates employed in government laboratories;

(h) subrodinates employed on the working of government machinery;

(i) peons and other government servants serving the Tarai and Bhabar;

(j) tindals, regulation beldars and boatmen employed by Irrigation Department at Canal head works and at torrent crossings on the Eastern Yamuna Canal; also subordinates employed along the main Sarda Canal and the Deoha Bahgul Feeder Canal;

(k) excise peons;

(l) members of the U.P. Fire Service, and

(m) all other government servants whose duties involve handling of dangerous machinery, explosive materials, poisonous gases and drugs etc. or who are obliged to perform hazardous tasks.

(This rule comes into force with effect from April 1, 1979).

NOTES—(1) The grant of hospital leave is subject to the condition that leave salary is not additional to, but inclusive of the benefits to which the employee may be entitled under section 4 (1) (d) of the Workmen’s Compensation Act, 1923.

(2) In the case of a person to whom the provisions of Employees’ State Insurance Act, 1948, apply, leave salary payable under this rule shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.

(3) The term of three years mentioned in clause (2) of the rule should at any time be calculated backward from the end of the actual period of hospital leave proposed to be granted, whether on average/full pay or on half of those rates.

156. Hospital leave is not debited against the leave account and may be combined with any other leave which may be admissible, provided that the total period of leave, after such combination, shall not exceed twenty-eight months.

NOTE—The limit of eight months or six months prescribed by rule 81(b) of the Uttar Pradesh Fundamental Rules as the maximum leave on average pay which a government servant may take at any one time is not applicable when hospital leave is taken in combination with ordinary leave on average pay.

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