PART –A LEAVE TO GOVERNMENT EMPLOYEES IN  PERMANENT EMPLOY

GENERAL PROVISIONS

(i)                 Earned Leave

8.116.  (i)         The earned leave admissible to a Government employee in permanent employ is :-

(a)                1/24th of the period spent on duty, during the first 10 years of his service;

(b)               1/18th of the period spent on duty during the next 10 years of his service; and 1/12th of the period spent on duty, thereafter.

Note 1. -          For the purpose of assessing the “length of service” under this sub-rule, break in service caused as a result of retrenchment shall not entail forfeiture of previous service.  Further in the case of a women Government employees break in service due to resignation as a result of family circumstances of the Government employee concerned, shall also be condoned by the re-appointing authority; provided the duration of break does not exceed 10 years.

Note 2. -          In calculating earned leave, the actual number of days of duty performed shall first be counted and then multiplied by 1/12, 1/18, 1/24 as the case may be and the product expressed in days and fraction of day.  In case, there is a change in the rate of earning of leave, the fraction in the earned leave shall be rounded off to the nearest day that is fraction below half shall be ignored and that half or more shall be reckoned as one day.

“Note 3. -        The period spent on duty shall include all kinds of leave, except extraordinary leave, for the purpose of calculation of earned leave”;

                        (ii)        Accumulation of earned leave shall be permissible to any extent but the maximum earned leave that may be granted at a time to a Government employee shall be (a) 120 days if spent in India (b) 240 days if the entire leave so granted or any portion thereof is spent outside India, Burma, Ceylon, Nepal and Pakistan, provided that where earned leave exceeding 120 days is granted under this sub-rule the period of such leave spent in India shall not in the aggregate exceed 120 days.          

            Provided further that, except as provided in the Study Leave Rules contained in Appendix 20 to the Punjab Civil Services Rules, Volume I, Part II; if a Government employee goes on a course of study or research or work which in the Government’s view increases his competence, knowledge or efficiency or adds to the technical knowledge, he may be granted earned leave to the extent it is due to him and not limited to 120 or 240 days.

Note 1. -          The consent of Department of Finance is not presumed to the grant of such study leave.

            “(ii)       Accumulation of earned leave shall be permissible to any extent but in the case of a Government employee who had opted for the revised orders contained in the instructions issued by the Government of Punjab, Department of Finance, - vide circular letter No.10/77/88/FPI/10304, dated the 24th November, 1988 (hereinafter called the said instructions) and also in the case of those Government employees who joined service on or after the 24th November, 1988, the accumulation of earned leave shall be restricted to 360 days and there will be no restriction on availing of earned leave at a time;”;

            (iii)       Leave preparatory to retirement may be allowed upto 180 days on full pay, and in the case of a Government employee who had opted for the revised orders contained in the said instructions and also in the case of those Government employees who joined service on or after the 24th November, 1988 such a leave may be allowed upto 240 days on full pay, provided it is due; and

Note 1.            See proviso to Rule 8.21 (a) and Explanation 1 below Rule 8.21.

Note 2. -          The leave granted as leave preparatory to retirement shall not include extraordinary leave.

“`Note 3. -       In a case, where a Government employee who is required to retire, or who himself chooses to be retired before the age of superannuation, he may be allowed the leave due and admissible to him as indicated below, provided it does not extend beyond the date on which he attains the age of superannuation:

            (i)         Leave Preparatory to Retirement upto 180 days on full pay and in the case of a Government employee who had opted for the revised orders contained in the said instructions and also in the case of those Government employees who joined service on or after the 24th November, 1988 upto 240 days on full pay, if it is due; or

(ii)                Earned leave upto the extent leave preparatory to retirement is admissible as in clause (I) will permission to combine it will any other kind of leave, if due.”

8.117.  (a)        Earned leave is not admissible to a Government employee serving in a vacation department in respect of duty performed in any year in which he avails himself of the full vacation.

            (b)        The earned leave admissible to such Government employee in respect of any year in which he is prevented from availing himself of the full vacation is such proportion of the following periods as the number of days of vacation not taken bears the full vacation :-

                        (i)         to a Government employee with 10 years service or less;

15 days.

(ii)        to a Government employee with more than ten years service but not exceeding 20 years service;

20 days.

                        (iii)       to a Government employee with over 20 years service;

30 days.

            If in any year he does not avail himself of the vacation, earned

leave will be admissible in respect of that year in accordance with the provisions of Rule 8.116.

 

            (c)        Vacation may be taken in combination with or in continuation of any kind of leave under the rules in this section; provided that the total duration of vacation and earned leave taken in conjunction, whether the earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the amount of earned leave due and admissible to the Government employee at a time under rule 8.116.

8.118.    Omitted.

(ii)        Half pay leave, commuted leave and ‘Leave not due’.

8.119.    (a)        The half pay leave admissible to an officer in permanent employee in respect of each completed year of ‘service’ is 20 days.

            (b)        The half pay leave due may be granted to a Government employee on medical certificate or on private affairs.

            (c)        Commuted leave not exceeding half the amount of half pay leave due may be granted to a Government employee on medical certificate only subject to the following conditions :-

                        (i)         Commuted leave during the entire service shall be limited to a maximum of (240) days;

                        (ii)        when commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due;

                        (iii)       Half pay leave up to a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilised for an approved course of study certified to be in the public interest by the leave sanctioning authority :

                                    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 employee will return to duty on its expiry, and provided further that no commuted leave may be granted unless it has been applied for at least 30 days at a time.  This restriction of maximum quantum of leave to be taken at a time does not apply in the case of Vacation Department whose employees are not entitled to earned leave.

                                    Provided further that after availing of maternity leave for a period not exceeding three months sanctioned under sub rule (a) of rule 8.127 or sub-rule (1) of rule 8.137-A, a female Government employee who can not get her leave extended by furnishing a medical certificate but applies for commuted leave in continuation of the maternity leave, may be allowed such leave up to a maximum of sixty days without the production of a medical certificate.  But in case she gets her maternity leave extended for any period beyond the aforesaid period of three months by furnishing a medical certificate, she would not be eligible to get the benefit of combination of commuted leave with maternity leave without the production of a medical certificate.

Note 1. -          The option once exercised will be final and debars a Government employee from claiming re-conversion, as a matter of right, though the authority, which granted leave, can (if so disposed) allow it.

Note 2. -          When commuted leave is granted to a Government employee under this rule and he intends to retire subsequently, the commuted leave should be converted into half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave should be recovered.  An undertaking to this affect should, therefore, be taken from the Government employee who avails himself of commuted leave but the question whether the Government employees concerned should be called upon to refund the amount drawn in excess as leave salary should be decided on merits of each case, i.e. if the retirement is voluntary, refund should be enforced, but if the retirement is compulsorily thrust upon him by reason of ill-health, incapacitating him for further  service or in the event of his death no refund should be taken.

(b)        Save in the case of leave preparatory to retirement ‘leave not due’ may be granted to a Government employee in permanent employ for a period not exceeding 360 days during his entire service, out of which not more than 90 days at a time and 180 days in all, may be otherwise than on medical certificate.  Such leave will be debited against the half pay leave the Government employee may earn subsequently.

Note 1. -          Leave not due should be granted only if the authority empowered to sanction leave is satisfied that there is reasonable prospect of the Government employee returning to duty on the expiry of the leave and should be limited to the half pay leave he is likely to earn thereafter.

Note 2. -          As the basis of half pay, leave has been changed, it will be necessary to make retrospective calculations in respect of such leave for the entire continuous service of an officer.  The half pay leave to be carried forward under these orders will, therefore, be the total half pay leave earned in respect of completed years of service on the 1st September, 1949, reduced by the amount of  leave on private affairs, and leave on medical certificate availed of prior to that date.  If this calculation results in a minus balance, it should be adjusted against the half pay leave that will be earned subsequently, such minus balance being treated as leave not due for purposes of the 180 days, limit indicated in clause (d) above.  These orders also do not authorise the retrospective calculation of leave-salary in respect of the leave availed or before 1st September, 1949.

Note 3. -          The half pay leave to be carried forward on the 1st September, 1949, will be the amount of leave which accrued on that date in respect of completed years of previous service less the leave taken on medical certificate and private affairs.  Such leave in respect of any fraction of a year’s service left over on the 1st September, 1949, will accrue on completion of another year of service which will include the fraction left over the 1st September, 1949.  To illustrate in the case of a person (of clause I, II or III service) who entered service on the 1st February, 1948, and has taken no leave on medical certificate or private affairs, the credit to the half pay leave account on the 1st September, 1949, will be 20 days and the person will get a further credit of 20 days on the 1st February, 1960.

Note 4. -          As for half pay leave in respect of a completed year of service during which service was rendered partly in a Class III post and partly in a      Class IV post, this leave will be calculated on a pro-rata basis separately in respect of class III service or class IV service and then added up.  The fraction, if any, present in the total half pay leave for the particular year will be ignored if is less than half, or reckoned as one day if it is half or more.

Note – 5          Omitted.

Note 6. -          The half pay leave earned by a Government employee in respect of a completed year of service can be availed of by him during the course of a spell of leave or during an extension thereof within which the date of anniversary of service falls.

Note 7. -          Where a Government employee 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 and his retirement shall have effect from the date on which such leave commenced.  An undertaking to this effect should, therefore, be taken from Government employee as who avail of ‘Leave not due’.  But the question whether a Government employee 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 reason of ill health incapacitating him for further service or in the event of his death no refund should be insisted upon.

Note 8. -          When “leave not due” is granted to a Government employee under this clause and he applied for permission to retire voluntarily or resigns of his own volition at any time after returning to duty, the question of refund of leave salary in respect of the leave not due already availed of 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 note 7 above.

Note 9. -          Where a Government employee who having availed himself of the ‘leave not due’ returns to duty and is retired from service under sub-rule (1) of rule 3 of the Punjab Civil Services (Premature Retirement, Rules, 1975 and has not been able to earn half pay leave to the extent of the ‘leave not due’ granted to him before such retirement, he shall not be called upon to refund the amount of leave salary in respect of that ‘leave not due’.

8.120.    Omitted.

(iii)       Extraordinary Leave.

8.121.     (i)        Extraordinary leave may be granted to any Government employee in special circumstances :-

(a)                when no other leave is admissible, or

(b)               when other leave is admissible, but Government employee concerned applies in writing for the grant of extraordinary leave.

(2)        The authority empowered to grant leave may commute retrospectively:

(a)                period of absence without leave into extraordinary leave.

(b)               Extraordinary leave granted into leave of a different kind if the latter type of leave was admissible at the time extraordinary leave was granted.

Note 1. -          The power of commuting retrospectively, period of absence without leave into extraordinary leave under clause (b) is absolute and not subject to the conditions mentioned in clause (a) ; in other words, such a commutation is permissible even when other leave was admissible to the Government employee concerned at the time his absence without leave commenced.  This concession, however, can not be claimed by Government employee as a matter of right.

Note 2. -          The concession admissible under clause (2) can not be claimed by a Government employee as a matter of right.

Note 3.-           Extraordinary leave granted to a Government employee on medical certificate may be commuted retrospectively into ‘leave not due’ at the discretion of the authority competent to sanction leave in respect of extraordinary leave taken on medical certificate after the 31st August, 1949.  Such a commutation is also permissible in a case where extraordinary leave was granted to a Government employee on medical certificate during temporary service after the 31st August, 1949, and he is subsequently confirmed or declared quasi-permanent with effect from a date earlier than the commencement of the extraordinary leave.

Note 4. -          Extraordinary leave taken by a Government employee otherwise than on medical certificate after the 11th September, 1955 may also be Commuted into ‘leave not due’ at the discretion of the authority competent to sanction leave.

LEAVE SALARY

8.122.    (1)        An officer on earned leave shall be entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.

(2)        An officer on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1)

(3)        An officer on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).

(4)        An officer on extraordinary leave is not entitled to any leave to salary.

(5)        (a)        A Government employee who is granted leave beyond the date of compulsory retirement or quitting of service, as the case may be, shall be entitled during such leave to leave salary ad admissible under this rule, reduced by the amount of pension and pension equivalent of other retirement benefits.

(b)        Where such Government employee is re-employed during such leave, the leave salary shall be restricted to the amount of leave salary admissible while on half pay leave and further reduced by the amount of pension and pension equivalent of other retirement benefits:

Provided that it shall be open to the Government employee not to avail himself of the leave but to avail of full pension.

(c)                If during such re-employment he is granted leave earned by him during the period re-employment, the leave salary shall be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.

(1)               In the case of a person to whom the Employees, State Insurance Act, 1948 (34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefits payable under the said Act for the corresponding period.

(2)               Leave salary up to one month may be allowed in advance to all Government employees proceeding on earned leave subject to the following conditions :-

(a)                No advance may be granted when the leave taken is less than thirty days;

(b)               The amount of the advance should be restricted to the net amount of leave salary for the first month of leave that is clearly admissible to the Government employee after deductions on account of Income Tax, Provident Fund, house rent, repayment of advances etc. ;

(c)                The advance should be adjusted in full in the leave salary bill in respect of the leave availed of where the advance can not be adjusted full, the balance should be recovered from the next payment of pay or and leave salary;

(d)               The advance may be sanctioned by the Head of office or by any other subordinate officer to whom the power may be specially delegated, both in the case of gazetted and non-gazetted officers.  Officers who are Heads of Offices may sanction the advances themselves;

(e)                The amount of advance will be debited to the head of account to which the pay, etc., of the employee is debited and the adjustment of the advance will be watched through objection book by the Account Officer.

(f)                 Advances shall be sanctioned in whole rupee.

(3)               In case of Government employee including a military pensioner re-employed in civil service dies while in service, the cash equivalent of the leave salary (carrying the appropriate amount of dearness allowance) in respect of earned leave at his credit subject to a maximum of 180 days shall be paid to his family and in the case of Government employee who had opted for the revised orders contained in the instructions, issued by the Government of Punjab, Department of Finance, vide circular letter No.10/77/88/FPI/10304, dated the 24th November, 1988 subject to a maximum of 240 days, shall be paid to his family."

Provided that in the case of employees governed by Contributory Provident Fund Rules, no deduction on account of Government contribution to Contributory Provident Fund shall be made out of the cash equivalent of leave salary payable to the family of a deceased employee.

8.123.    Omitted.

ADDITIONAL KIND OF LEAVE IN SPECIAL CIRCUMSTANCES

(i) Special Disability Leave

8.124.    Subject to the conditions in clauses hereunder :-

(1)               Such leave shall not be granted unless the disability manifested itself within 3 months of the occurrence to which it is attributed and the persons disabled acted with due promptitude in bringing it to the notice, but the competent authority if it is satisfied as to the cause of disability may permit leave to be granted in cases where the disability manifested itself more than 3 months after the occurrence of its cause.

(2)               The period of leave granted shall be such as is certified by the authorised Medical Attendant of the Government employee concerned to be necessary.  It shall not be extended except on the certificate of that authority and shall in no case exceed 24 months.

(3)               Such leave may be combined with leave of any other kind.

(4)               Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(5)               (a)        In the case of a person to whom Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under section 4(1)(d) of the said Act.

            (b)        In the case of a person to whom the Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable shall be reduced by the amount of benefit admissible under the said Act, for the corresponding period.

(6)               The provisions of this rule apply to a Civil employee disabled in consequence of service with a Military force if he is discharged as unfit for further military service but is not completely and permanently incapacitated for further Civil service and to a Civil employee, not so discharged who suffers a disability, which is certified by a Medical Board, to be directly attributable to his service, with a military force; but in either case, any period of leave granted to such a person under military rules in respect of that disability shall be reckoned as leave granted under this rule for the purpose of calculating the period admissible.

Note. -             The intention of the above clause is not that special disability leave should be given to cover any portion of Government employee’s military service, but that it should be admissible only after the Government employee’s discharge as unfit for further military service.

(I)                 Such leave shall counted as duty in calculating service for pension, but half the amount of such leave on full pay taken under clause III below shall be counted as “earned leave” taken.

(II)              Leave salary during such leave including a period of such leave granted under condition (4) above shall be equal to full pay for the first 120 days.

(III)            For the remaining period of any such     leave, to half pay, or at the Government employee’s option for a period not exceeding the period of earned leave, otherwise admissible to him under rule 8.116 or 8.117 to full pay.

Note. - Leave salary during special disability leave will be regulated under rule 8.122..

8.125.    The application of provisions of Rule 8.124 may subject to the conditions given below be extended by a competent authority to Government employees disabled by injury accidentally incurred in or in consequence of the due performance of his official duties or in consequence of his official position or by illness incurred in the performance of any particular duty, which has the effect in increasing his inability to illness or injury, beyond the ordinary risk attaching to the Civil post, which he holds :-

(i)         The disability if due to disease must be certified by the Authority Medical Attendant of the Government employee concerned to be directly due to the performance of the particular duty;

(2)        If the Government employee has contracted such disability during service, otherwise than with a military force, it must be in the opinion of the competent authority exceptional in character;

(3)        The period of absence recommended by the Authorised Medical Attendant of the Government employee concerned may be covered in part by leave under this rule and in part by other leave; and

(4)        The amount of special disability leave granted on full pay will be less  than :-

            (i)         120 days in the case of a Government employee in Class I, II      and III service.

            (ii)        60, 90 or 120 days, as the case may be in the case of Government employee of Class IV.

(ii)        Study Leave

8.126.    Leave may be granted to Government employees on such terms as may be prescribed by general or special orders of the competent authority to enable them to study scientific, technical or similar problems or to undergo special courses of instruction.  Such leave is not debited against the leave account.

Note. -             For general orders issued under this rule see Appendix 20 in Part II of this Volume.

(iii)       Maternity Leave and Hospital Leave

8.127   (a)        The competent authority under Rule 8.23 may grant to a female Government employee maternity leave on full pay for a period not exceeding 180 days  without the necessity of production of a medical certificate and the grant of such a leave, shall be so regulated that the date of confinement falls within the period of this leave and the leave so granted shall not be debited against the leave account of the female Government employee :

            Provided that no leave under this sub-rule shall be granted to a female Government employee who has three or more living children.

Note . -            Extension in leave, if any, on the expiry of maximum period of 180 days maternity leave, shall be permissible by the grant of leave of the kind due.” ; and

Note 1. -          During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.  The term “pay” in this rule includes officiating pay : provided the authority sanctioning the leave certifies that the Government employee would have continued to officiate had she not proceeded on leave.

Note 2. -          Where a female Government employee has less than two living children, maternity leave under this rule may also be granted in cases of miscarriages and abortion including abortion induced under the Medical Termination of Pregnancy Act, 1971, subject to the condition that the leave does not exceed six weeks and the application for leave is supported by a certificate from a registered Medical Practitioner and, in case of doubt, certificate of a Principal Medical Officer or Assistant to Civil Surgeon or Gazetted Medical Officer may be called for:

Provided that a female Government employee having two or more children shall not be entitled to avail of this concession, but if required, can be sanctioned leave of the kind due, on the production of a medical certificate.”

8.127.  (b)        Any other kind of leave may be permitted to be prefixed in maternity leave without insisting on a medical certificate.  But any leave applied for in continuation of maternity leave may be granted only if the request is supported by a medical certificate.

Provided that after availing of maternity leave for a period not exceeding three months sanctioned under sub-rule (a), a female Government employee who can not get her leave extended by furnishing a medical certificate but desires leave of the kind due in continuation of the maternity leave, may be allowed leave upto a maximum of sixty days without the production of a medical certificate.  But in case she gets her maternity leave extended for any period beyond the aforesaid period of three months by furnishing a medical certificate she would not be eligible to get the benefit of combination of leave of the kind due with maternity leave without the production of a medical certificate.

Note 1. -          This rule does not preclude the grant of maternity leave in continuation of leave of any kind.

Note 2. -          The Female Gazetted Employees applying for grant of leave under the above rule, should like all Gazetted Government employees applying for leave on medical certificate produce the required certificate from a medical committee or board in accordance with rules 8.9 – 8.10 unless this requirement is relaxed under rule 8.12 by the authority competent to grant leave.

Note 3. -          Regular leave in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the female Government employee producing a medical certificate from the authorised medical attendant to the effect that the condition of the ailing baby warrants mother’s personal attention and her presence by the baby’s side is absolutely necessary.

8.127.  (c)        The competent authority under rule 8.23 of these rules may grant hospital leave to a Class IV Government employee and such Class III Government employee whose duties involve handling of dangerous machinery, explosive material, poisonous drugs etc.,  or  the performance of hazardous tasks, while under medical treatment for illness or injury if such illness or injury is directly due to risks incurred in the course of their official duties.

Note 1. -          In the case of persons to whom the Workmen’s Compensation Act, 1923 applies the amount of leave salary shall be reduced by the amount of compensation payable under Section 4(I) (d) of the said Act.

Note 2. -          Industrial and work-charges staff will also be entitled to Hospital leave in the same manner as other State Government employees.

Note 3. -          Hospital leave should be granted on the production by the Government employee concerned of a medical certificate from a superior officer, not below the rank of Gazetted Officer to the effect that the illness or injury was directly due to risk incurred in the course of official duties and also that the leave recommended is necessary to effect a cure.

Note 4. -          In the case of a person to whom the provisions of Employees’ State Insurance Act, 1948 apply, leave salary payable under these rules shall be reduced by the amount of benefit admissible under the said Act for the corresponding period.

8.127.    (d)        Hospital leave may be granted for such period as the authority granting it may consider necessary, on leave salary.

(i)         equal to leave salary while on earned leave, for the first 120 days of any period of such leave; and

(ii)        equal to leave salary during half pay leave, for the remaining period of any such leave.

8.127.  (e)        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 28 months.

8.128 – 8.129.             Omitted.

8.129-A.          Notwithstanding any thing contained in rule 8.119, 8.133 and 8.137, where a military officer not in permanent civil employ has elected to draw civil rates of pay, his leave shall be regulated as follows:-

            (a)        (i)         Instead of annual leave, he may be granted earned leave as calculated under rule 8.116 from the beginning of the calendar year following that in which he becomes subject to this rule, his leave account being initially credited with the earned leave equal to the number of days of annual leave which, on the date on which he becomes subject to this rule, it would be permissible to grant him under the leave rules of the Armed Forces.

                                    Provided that, if annual leave under the leave rules of the Armed Forces is not admissible in respect of the calendar year of transfer, duty counting for earned leave shall commence on the date on which he becomes subject to this rule.

                                    Provided further that in the case of Military Officer serving in a vacation department the provisions of rule 8.117, shall apply, mutatis mutandis to the calculation and grant of leave.

                                    Provided also that a military officer holding substantively a tenure post, who is temporarily reverted to military duty, shall be treated as if he had remained subject to this rule throughout the period of his absence from his civil post, any annual leave taken under the leave rules of the Armed Forces during the period being treated as earned leave taken under this rule.

            (ii)        He may also be granted any leave, other than annual leave, admissible under the leave rules of the Armed forces either alone or in combination with earned leave.

            (b)        The total period of leave shall be regulated by the limit in force under the leave rules of the Armed forces to which the military officer is subject.

            (c)        Leave may be retrospectively commuted by the authority which granted it into any other kind of leave which was admissible to the military officer concerned at the time it was granted;

                                    Provided  that except in the case of military officer  holding  substantively a tenure  post, no  leave under  clause (ii) of  sub-rule (a)  may  be granted  to  such  military officer unless the civil authority which grants the leave is prepared to  re-employ  him immediately upon the termination of the leave:

                                    Provided further that in the case of a military officer holding substantively a tenure post, leave under clause (I) of sub-rule (a) may be granted so as to extend beyond the expiry of such term if the leave has been applied for in sufficient time before the expiry of the fixed term and refused owing to the exigencies of public service.

            (d)        Any leave granted under this rule to a military officer holding civil appointment of limited tenure shall not exceed beyond the term of his civil appointment.

8.129-B.          A military officer in civil employ shall cease to be governed by rule 8.129-A with effect from date from which he released or discharged from the Armed Forces and shall with effect from the date of such release or discharge become subject to these rules, the earned leave due to him on that date being carried forward.

8.129-C.          Where a military officer is appointed substantively to a permanent civil post (other than a tenure post) there shall be credited initially in his account.

            (a)        (i)         earned leave equal to the number of days of the annual leave which, on the date he is so appointed, it would be permissible to grant him under the leave rules of the Armed Forces, or

                        (ii)        earned leave, if any, which on the date on which he is so appointed, it would be permissible to grant him under rule 8.129-A:

                                                Provided that where such appointment is made in the calendar year in which the military officer was transferred to civil employ, the credit under clause (I) shall be reduced by 1/12th of the duty intervening between the date of that appointment and the termination of the calendar year of transfer but no reduction shall be made if annual leave is not admissible in respect of the calendar year of transfer ;

            (b)        half pay leave equal to the number of days of furlough which on the date he is so appointed, it would be permissible to grant him under the leave rules of the Armed Forces.

 

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