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Sunday, July 26, 2020

Fundamental Rules of LEAVE RULES

*🌸 *Fundamental Rules of LEAVE RULES* 🌸

*FR 69: A Govt. servant on leave cannot take up any service or setting up of private practice etc., except with the permission of competent authority.*

*FR 70: All orders recalling a Govt. servant to duty before the expiry of his leave shall state, whether return to duty is optional or compulsory. If the return to duty is optional, the Govt. servant is entitled to ‘No Concession’.*

*If it is compulsory, the period from the date on which he starts from the station to which he is ordered to join duty shall be treated as ‘duty’, but he shall draw leave salary until he joins his post, provided the leave that has been curtailed on account of such compulsory recall from leave is one month and above. He is also entitled to travelling allowance (Rule 87 TA Rules).*

*FR 71: No Govt. servant who has been granted leave on Medical Certificate may return to duty without first producing a medical certificate of fitness in such for as the Govt. may by order prescribe.*

*FR 72: A Govt. servant returning to duty before the expiry of leave should apply for permission to cancel the unexpired portion of leave.*

*FR 73: (Over-stayed of Leave) A Govt. 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 is leave on half pay unless extension of leave is granted by the competent authority (LR 6A).*

*FR 74: The application for grant of leave should specify the period of leave, nature of leave, leave address and in the case of leave on medical certificate, and the Medical certificates should be enclosed. (Rule 3 Annexure II).*

*If the leave required is on medical grounds, the application for the grant of leave shall be supported by a Medical Certificate (Rule 9 Annexure II).*

*No leave shall be granted to a Govt. servant when a competent punishing authority has decided to dismiss.*

*FR 76: A leave account shall be maintained for each Govt. servant.*

*FR 77: Fraction of a day should not appear in the leave account. Fractions below half should be ignored and those of half and more should be reckoned as one day (Ruling under FR 77)*

*FR 80: The amount of leave due to a Govt. servant is the balance of leave at his credit in the leave account.*

*FR 81: Leave may be granted to a Govt. servant at the discretion of the authority entitled to grant the leave.*

*The maximum period of continuous absence from duty on leave granted otherwise than on MC is 28 months. This period shall in no circumstances be exceeded by a Govt. servant who is on leave preparatory to retirement. (Ruling (d)).*

*FR 82: Vacation is treated as duty for all purposes (FR 82(b)).*

*Any period of recess which exceeds 15 days in duration shall be treated as a vacation (SR2 FR 82)*

*If an employee enjoys not more than 15 days of vacation, he shall be considered to have availed himself of no portion of it. (SR6 FR 82)*

*If a Govt. servant of vacation department does duties during vacation and separately remunerated, he should not be considered as having been deprived of vacation. (SR 15 FR 82)*

*An employee transferred from vacation to non-vacation department is treated as in non-vacation department from the close of last vacation enjoyed; and on transfer from non-vacation to vacation department is treated as in vacation department from the date of expiry of last vacation previous to such transfer (SR 7 and 18 of FR 82).*

*If earned leave is taken in combination of vacation, the total period of leave & vacation should not exceed 180 days (Ruling 11 under FR 82).*

*FR 18: Unless the Govt. servant in view of the exceptional circumstances of the case otherwise determine, no Govt. servant shall be granted leave of any kind for a continuous period exceeding five years (LR 5A)*

*A temporary Govt. 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 any leave unless the leave applied for is granted by Govt. in relaxation of relevant rules, he should be deemed to have been discharged from service*

(G.O.Ms.No.436, Finance, Dt.11.06.1957).

*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 (Note1 under LR 5).*

*Any kind of leave admissible under these rules may be granted in combination with any other kind of leave so admissible or in continuation with any other kind of leave so admissible or in continuation with any other kind of leave admissible or in continuation of leave already taken whether the same or of any kind (LR 6)*

*FR 18A: A Govt. servant shall be deemed to have resigned from the service if he*

*a) Is absent without authorization for a period of exceeding ‘one year’; or*

*b) Remains absent from duty for a continuous period of exceeding 5 years, with or without leave; or*

*c) Continues on Foreign Service beyond the period approved by the State Govt.*

*A reasonable opportunity to explain the reason for such absence or continuation on Foreign Service shall be given to the Govt. servant before the provisions of this sub rule are invoked.*

 (G.O.Ms.No.129, Fin.(FR.I), Dt.01.06.2007).

*FR 55: Leave may not be granted to Govt. servant under suspension.*