JAMMU AND KASHMIR CIVIL SERVICES (LEAVE) RULES, 1979
(1) These rules may be called "The Jammu and Kashmir Civil Services (Leave) Rules, 1979"
They shall come into force on 1st January, 1979.
Save as otherwise provided in these rules, these rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the State but shall not apply to:
(a) apprentices, persons in casual or daily rated or part-time employment;
(b) persons paid from contingencies;
(c) workmen employed in Industrial establishments;
(d) persons in work-charged establishments;
(e) members of the All India Services;
(f) persons employed on contract except when the contract provides otherwise;
(g) persons in respect of whom special provisions have been made by or under the provisions of the c
(1) In these rules, unless the context otherwise requires:
(a) "Authority competent to grant leave" means the authority specified in column (3) of the First Schedule to these rules competent to grant the kind of leave specified in the corresponding entries in column (2) of the said Schedule;
(b) "Completed years of Service" or "one year's continuous service" means continuous service of specified duration under the State Government and includes the period spent on duty as well as on leave including extraordinary leave;
(c) "Compulsory retirement/Date of retirement" in relation to a Government servant means the afternoon of the last day of the month in which the Government servant attains the age prescribed for such retirement under the terms and conditions governing his service.
Government servants to whom these rules apply shall continue to be governed by these rules while on temporary transfer to any establishment or department to which these rules do not apply or while on deputation or on foreign service.
Unless it be otherwise provided in these rules, a permanent Government servant to whom these rules do not apply, when transferred to a service or post to which these rules apply, shall become subject to these rules from the date of such appointment, in which case the leave at his credit under the rules previously applicable to him shall be carried forward subject to the maximum limits of accumulation as laid down in rule 26 (b) (i). The leave so carried forward shall first be exhausted before the leave earned under these rules is availed of. The leave salary in respect of the leave carried forward shall be borne by the Department (unless the Department is the same) or the Government from which the Government servant is transferred.
A Government servant who while on deputation to a Public Sector Undertaking/ autonomous body, opts for permanent absorption in any such enterprise, will have his title to earned leave protected. In all such cases the Public Enterprises where the Government servant gets absorbed will take over the liability of earned leave which the optee had at his credit at the time of permanent absorption and in return the Government shall pay to the Public Enterprise a lump sum equal to leave salary for the earned leave due to the Government servant on that date.
(i) Leave cannot be claimed as a matter of right.
(ii) When the exigencies of Public Service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for, except at the written request of the Government servant.
A Government servant's claim to leave is regulated by the rules in force at the time the leave is applied for and granted.
(i) Except as provided in rule 36 and this rule, any claim to leave to the credit of a Government servant who is dismissed or removed or who resigns from Government service ceases from the date of such dismissal or removal or resignation.
(ii) Where a Government servant applies for another post under the State Government but outside his parent office or department and if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one such resignation shall not result in the lapse of the leave to his credit.
(iii) Unless it be otherwise provided in the reinstatement order or in any separate order a Government servant, who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal or remo
(i) At the request of a Government servant the authority which granted him leave may commute it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but, the Government servant cannot claim such commutation as a matter of right.
(ii) The commutation of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the Government servant, that is to say, amount paid to him in excess, if any, shall be recovered or any arrears due to him shall be paid.
Note—Extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject to the provisions of rule 30.
Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.
Explanation.—Casual leave which is not recognised as leave under these rules shall not be combined with any other kind of leave admissible under these rules. Special casual leave shall however, be allowed to be combined with other leave subject to provisions of rule 60.
Unless the Government in view of the exceptional circumstances of the case otherwise determines, no Government servant shall be granted leave of any kind for a continuous period exceeding five years.
(i) A Government servant while on leave, shall not take up any service or employment elsewhere, including the setting up of a private professional practice as an Architect, Accountant, Consultant or legal or medical practitioner, etc. without obtaining the previous sanction of the authority competent to appoint him if the employment/profession lies within the country and of the Government, in case it is outside the country.
Exception.—Government servants who have been permitted to undertake private practice or any casual literary work or any similar employment are exempted from the operation of the above rule.
(ii) (a) No permission for private employment shall ordinarily be allowed during leave other than leave preparatory to retirement.
(b) A Government servant desirous of taking up service
Any application for leave or for extension of shall be made in Form I to the authority competent to grant leave.
A leave account shall be maintained in Form 2 for each Government servant by the Head of Officer or the Drawing Officer, as the case may be.
(i) No leave shall be granted to a Government servant until a report regarding its admissibility has been obtained from the authority maintaining the leave account.
(ii) (a) where there is reason to believe that the obtaining of admissibility report will be unduly delayed, the authority competent to grant leave may calculate, on the basis of available information, the amount of leave admissible to the Government servant and issue provisional sanction of leave for a period not exceeding 60 days.
The grant of leave under this sub-rule shall be subject to verification by the authority maintaining the leave account and a modified sanction for the period of leave may be issued where necessary.
Note—In the case of, leave preparatory to retirement an undertaking for recovery of the leave salary, if any, paid in excess shall be taken from the
Leave shall not be granted to a Government servant whom a competent punishing authority has decided to dismiss, remove or prematurely retire from Government service. No leave shall be granted when a person is under suspension.
(i) An application for leave on medical certificate, made by a Government servant, shall be accompanied by a Medical Certificate in Form 3 given by an Authorised Medical Attendant or an Assistant Surgeon or above holding registrable qualifications for All India Register, defining as clearly as possible the nature and probable duration of the illness.
(ii) A Medical Officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government servant concerned will ever be fit to resume his duties and in such case, the opinion that the Government servant is permanently unfit for Government service shall be recorded in the Medical Certificate.
(iii) The authority competent to grant leave may, at its discretion secure a second medical opinion by requesting a Government Medical Officer not
(1) (a) When a medical authority has reported that there is no reasonable prospect that the Government servant will ever be fit to return to duty, leave shall not necessarily be refused to such Government servant.
(b) The leave may be granted, if due, by authority competent to grant leave on the following conditions:(i) If the medical authority is unable to say with certainty that the Government servant will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to a medical authority.
(ii) If a Government servant is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave be granted to him after the report of the medical authority has been received, provided the amount
Except as provided in rule 22, leave ordinarily begins on the day on which the transfer of charge is effected or a report of departure on leave is submitted and ends on the day preceding that on which the charge is resumed or a report of joining the duties is submitted.
(i) Prefixing and suffixing holidays to leave other than leave on medical certificate, shall be allowed automatically except in cases where for administrative reasons permission for prefixing and suffixing holidays to leave is pecifically withheld. In the case of leave on medical certificate if the day on which an employee is certified medically fit for rejoining duty happens to be a holiday, he shall be automatically allowed to suffix such holiday(s) to his medical leave and such day(s) shall not be counted as leave.
(ii) For purpose of sub-rule (i) above the term "holiday" shall mean such holidays on which Government Offices remain closed for transaction of public business without reserve or qualification. It shall not include restricted holidays.
(iii) Unless the authority competent to grant leave in any case otherwise directs
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A Government servant recalled to duty before the expiry of his leave shall be entitled to:-
(a) 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:-
(i) travelling allowance equal to the amount admissible for the journey on tour; and
(ii) leave salary, until he joins his post, at the same rate at which he would have drawn it but for recall to duty.
(b) If the leave from which he is recalled is out of India, to count the time spent on the voyage to India as duty for purposes of calculating leave, and to receive:-
(i) leave salary, during the voyage to India and for the period from the date of land
A Government servant on leave shall not return to duty:-
(i) before the expiry of the period of leave granted to him unless he is permitted to do so by the authority which granted him leave;
(ii) notwithstanding anything contained in sub-rule (i), a Government servant on leave preparatory to retirement shall be precluded from returning to duty save with the consent of the authority competent to appoint him to the post from which he proceeded on leave preparatory to retirement; and
(iii) a Government servant who has taken leave on medical certificate may not return to duty until he This produced a medical certificate of fitness in Form 4 from an authorised Medical Attendant or an Assistant Surgeon or above holding registerable qualifications for All India Register or the District Medical Office
(1) Unless the authority competent to grant leave extends the leave a Government servant who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were half-pay leave, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.
(2) Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.
[Exception 1.]—Whenever a Government servant is detained on the road owing to its being blocked by land slips, snow etc., he may be treated as, on duty during the period of unavoidable detention, but will be entitled, until he rejoins his appointment, to draw leave allowances.
The above conce
(a) (i) A Government servant who is serving in a Department other than a Vacation Department shall be entitled to 30 days earned leave in a calendar year.
(ii) The leave account .of every Government servant shall be credited at the commencement of each calendar half year at a uniform rate of 15 days each On the first January and July every year.
(iii) The credit afforded under clause (ii) above shall be reduced by 1/10th of the period of extraordinary leave/dies non availed of during the previous half year, subject to a maximum of 15 days.
(b) (i) The leave at the credit of a Government servant at the close of the previous half year shall be carried forward to the next half year subject to the condition that the leave so carried forward plus the credit for the half year do not exceed the maxim
(1) A Government servant serving in a vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he availed himself of the full vacation.
(2) (a) In respect of any year in which a Government servant avails himself of a portion of the vacation he shall be entitled to earned leave in such proportion of 30 days as the number of days of vacation not taken bears to the full vacation:
Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.
(b) If in any year, the Government servant dies not avail himself of any vacation earned leaVe shall be admissible to him in respect of that year under rule 26.
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(1) (a) A Government servant shall be entitled to half pay leave of 20 days in respect of each completed year of service.
(b) The leave due under clause (a) may be granted on medical certificate or on private affairs:
Provided that in the case of a Government servant not in permanent employ or quasi-permanent employ, no half pay leave may be granted unless the authority competent to grant leave certifies that the post from which the official proceeds on leave is likely to continue even beyond the date of end of his leave and that authority has reason' to believe that the Government servant will return to duty on its expiry except in the case of a Government servant who has been declared completely and permanently incapacitated for further service by Medical Authority.
(2) If a Government servant is on leave on the day on which he comp
(1) Commuted leave not exceeding half the amount of half-pay due may be granted on medical certificate to a Government servant subject to the following conditions:-
(a) the authority competent to grant leave is satisfied that there is reasonable prospect of the Government servant returning to duty on its expiry and records necessary certificate as required under proviso to sub-rule (b) of rule 28 in the case of temporary Government servants;
(b) when commuted leave is granted, twice the amount of such leave shall be debited against the half-pay leave due;
(c) half-pay leave up to a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilized for an approved course of study i.e. a course which is certified to be in the public interest by the leave s
(1) Save in the cast of leave preparatory to retirement leave not due may be granted to a Government servant in permanent employ or quasi-permanent employ subject to the following conditions:-
(a) the authority competent to grant leave is satisfied that there is reasonable prospect of the Government servant returning to duty on its expiry;
(b) leave not due shall be limited to the half-pay leave he is likely to earn thereafter;
(c) leave not due during the entire service shall be limited to a maximum of 360 days, out of which not more than 90 days at a time and 180 days in all may be allowed otherwise than on medical certificate; and
(d) leave not due shall be debited against the half pay leave the Government servant may earn subsequently.
"Leave not due" may be granted to temporary Government servant who are suffering from T.B., Leprosy, Cancer or Mental illness, for a period not exceeding 360 days during entire service subject to the fulfilment of conditions in clauses (a), (b) and (d) of sub-rule (1) of rule 30 and also subject to the following further conditions:-
(i) that the Government servant has put in a minimum of one year's service;
(ii) that the post from which the Government servant proceeds on leave is likely to last even beyond the date of his return to duty; and
(iii) the request for grant of such leave is supported by a medical certificate as envisaged in Note below sub-clause (c) of sub-rule (2) of rule 32.
(1) Extraordinary leave may be granted to a Government servant in special circumstances : -
(a) when no other leave is admissible;
(b) when other leave is admissible but the Government servant applies in writing for the grant of extraordinary leave.
(2) Unless the Government in view of the exceptional circumstances of the case otherwise determines, no Government servant, who is not in permanent employ or quasi-permanent employ, shall be granted extraordinary leave on any one occasion in excess of the following limits:-
(a) up to three months without a medical certificate;
(b) up to six months where the Government servant has completed one year's continuous service on the date of expiry of leave of the kin
(1)(a) A probationer shall be entitled to leave under these rules as if he has held his post substantively otherwise than on probation.
(b) If for any reason, it is proposed to terminate the services of a probationer any leave which may be granted to him shall not extend:-
(i) beyond the date on which the probationary period as already sanctioned or extended expires, or
(ii) beyond any earlier date on which his services are terminated by the orders of an authority competent to appoint him.
(2) A person appointed to a post on probation shall be entitled to leave under these rules as a temporary or a permanent Government servant according as his appointment is against a temporary or a permanent post:
Provided that where such person already holds a
In the case of a person re-employed after retirement the provisions of these rules shall apply as if he had entered Government service for the first time on the date of his re-employment.
(i) A Government servant may be permitted by the competent authority to take leave preparatory to retirement to the extent of earned leave due, not exceeding 240 days, together with half pay leave due, subject to the condition that such leave extends up to and includes the day preceding the date of retirement.
Note.—The leave granted as leave preparatory to retirement shall not include extraordinary leave.
(1) Except as provided hereinafter, no leave shall be granted to a Government servant beyond:-
(a) the date of his retirement, or
(b) the date of his final cessation of duties, or
(c) the date on which he retires by giving notice to Government or he is retired by Government by giving him notice or pay and allowances in lieu of such notice, in accordance with the terms and conditions of his service, or
(d) the date of his resignation from service.
(2) A Government servant may avail in full or in part the earned leave at his credit subject to a maximum of 1 Substituted vide F.D. Notification SRO-124 dated 17-4-1998, w.e.f. 1-7-1997.[300] days preparatory to his retirement. Where a Government servant avails
(1) A Government servant may be paid cash equivalent of leave salary in respect of period of earned leave at his credit at the time of retirement on superannuation.
(2) This concession will be subject to the following conditions:-
(i) the payment of cash equivalent of leave salary shall be limited to a maximum of [240] days earned leave:
[Provided that with effect from 1-7-1997 the payment of cash equivalent of leave salary shall be limited to a maximum of 300 days of earned leave;]
(ii) the cash equivalent of leave salary thus admissible will become payable on retirement and will be paid in one lump sum as a one time settlement;
(iii) cash payment will be equal to leave salary admissible for earned leave
The benefit of encashment of earned leave at credit on the date of attaining age of superannuation shall be allowed to such of the re-employed pensioners also, whose re-employment comes to an end on attaining age of superannuation prescribed for the civil post, but the leave salary in such cases shall be calculated on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.
In case such a re-employed pensioner is allowed extension of re-employment beyond the age of attaining superannuation, he may be allowed the above benefit of encashment of leave on the date of final cessation of service on expiry of extension or re-employment in respect of earned leave, at credited on the date of superannuation plus earned leave, earned during the period of extension or re-employment reduced by earned leave availed of during such period, subject to a maximum of [300 days].
-In case a Government servant dies while in service the cash equivalent of the leave salary that the deceased employee would have got had he gone on earned leave that would have been due and admissible to him but for the death on the date immediately following the death and in any case, not exceeding leave salary for [300 days], shall be paid to his family without any reduction on account of pension equivalent of D.C.R. gratuity or family pension etc.
Note 1.—In addition to the cash equivalent of leave salary admissible under this rule the family of the deceased Government servant shall also be entitled to the payment of dearness allowance only on the leave salary.
Note 2.—The provisions of rule 38 are also applicable to re-employed pensioners in respect of leave earned by them during the period of re-employment. The leave salary shall b
(1) A Government servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.
Note.—A Government servant proceeding on earned leave while in foreign service, will be allowed leave salary equal to pay which he would have drawn in his parent Department but for his deputation on foreign service.
(2)A Government servant on "half pay leave" or "leave not due" is entitled to leave salary equal to half the amount specified in sub-rule (1) above.
(3)A Government servant on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1)
(4)A Government servant on extraordinary leave is not entitled to any leave salary.
(i) A Government servant including a Government servant on foreign service, proceeding on leave for a period not less than 30 days may be allowed an advance in lieu of leave salary up to a month's pay.
(ii) The amount of advance should be restricted to the amount of leave salary with allowances for the first month of leave that may be clearly admissible to the Government servant during leave after deductions on account of Income Tax, Provident Fund, House Rent, repayment of advances etc. so that there is no financial risk involved.
(iii) The advance should be adjusted in full in the leave salary bill in respect of the leave availed of. In case where the advance cannot be so adjusted in full, the balance will be recovered from the next payment of pay or/and leave salary.
(iv) The advance may be
The leave salary payable under these rules shall be drawn in rupees in India.
[(1)] A female Government servant with less than two surviving children may be granted maternity leave by the authority competent to grant leave for a period which may extend up to [180 days] from the date of its commencement. During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave;
(2) Maternity leave not exceeding six weeks may also be granted to a female Government servant (irrespective of number of surviving children) in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19;
(3) A male Govt. servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave, he shall be paid leave salary equal to the pay dra
(1) The authority competent to grant leave may grant special dis-ability leave to a Government servant (whether permanent, quasi-permanent or temporary) who is disabled by injury intentionally inflicted or caused in or in consequence of the due performance of his official duties or in consequence of his official position.
(2) Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed and the person disabled acted with due promptitude in bringing it to notice:
Provided that the authority competent to grant leave may, if it is satisfied as to the cause of the disability permit leave to be granted in case where the disability manifested itself more than three months after the occurrence of its cause.
(3) The period of le
(1) The provisions of rule 42 shall apply also to a Government servant, whether permanent, quasi-permanent or temporary who is 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 of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he hold.
(2) The grant of special disability leave in such case shall be subject to the further conditions:,
(i) that the disability if due to disease must be certified by a Medical Board to be directly due to the performance of the particular duty;
(ii) that if the Government servant has contracted such disability during servic
(1) Where, in consequence of the presence of an infectious disease referred to in sub-rule (2) in the family or household of a Government servant at his place of duty, residence or sojourn, his attendance at his office is considered hazardous to the health of other Government servants such Government servant may be granted quarantine leave.
(2) For the purpose of sub-rule (1) Cholera, Small-pox, Plague. Diptheria, Typhus, fever and cerebrospinal meningitis may be considered as infectious disease, chicken-pox shall not however considered as an infectious disease unless the Medical Officer or the Health Officer consider that because of doubt as the true nature of the disease (for example Small-pox) there is reason for the grant of such leave.
(3)(a) Quarantine leave may be granted by the Head of the Office on the certificate of a Medical O
Casual leave may granted to all Government servants who are on the permanent establishment or not, by the immediate Head of the Office concerned for a short period not exceeding 15 days in a year in aggregate. A Government servant on casual leave is not treated as absent from duty and his pay is not intermitted. Casual leave, however, must not be given so as to cause evasion of the rules regarding:-
1. Date of reckoning pay and allowances;
2. Charge of Office;
3. Commencement and end of leave;
4. Return to duty.
For purposes of determining title to casual leave, a calendar year should be taken as the base. Where holidays intervene between casual leaves, these shall not count as part of leave.
Exception.—As the Police, Home Guard, Fire Service Personnel and Warden staff of Jails have to remain on duty even on holidays and days of festivities they shall be eligible to avail casual leave not exceeding 20 days in a year in aggregate. Other conditions regulating grant of casual leave as contained in these rules will apply mutatis mutandis to them.
In the case of persons employed for short period or a Government servant who is appointed to a regular post after passage of a part of the year in respect of which casual leave is earned, the amount of casual leave shall be proportionate to the period of employment i.e. in the same proportion to 15 days as his period of service in that year bears to the whole year.
Note.—The minimum short leave admissible shall be for half a day. If a Government servant applies for a short leave of any duration up to 3 hours, half day's casual leave shall be debited to his casual account and for leave beyond 3 hours on a working day full days casual leave shall be debited to his account. There is no objection to the grant of half a day's casual leave in conjunction with full day casual leave.
Half a day's leave (casual or earned leave if no casual leave be due) should be debited to the leave acc
The amount of casual leave sanctioned a at any one time should not exceed 10 days and in combination with holidays, the total period of absence should not exceed 12 days.
Casual leave should not ordinarily be combined with move days but in exceptional cases and on the sanctioning authority being satisfied that the Government servant is unable owing to illness or for reasons beyond his control to proceed to the office headquarters or to attend to work, casual leave may be sanctioned in combination with the move days. The limits mentioned at 48 above apply in this case also.
Casual leave should not ordinarily be combined with vacation but when a Government servant enjoying regular vacation is forced by unavoidable circumstances to proceed on casual leave in combination with or in continuation of vacation, the Director of Education or the Commissioner of Education as the case may be, may sanction such leave in combination of such vacation.
The powers to sanction casual leave to the Gazetted teaching staff of the Medical Colleges shall vest in the Principal, Medical College, Srinagar/Jammu and to the Gazetted and non-Gazetted teaching staff of the Government Unani and Ayurvedic Colleges shall vest in the Director Health Services.
Science scholars working in Universities or other Institutions of the State when required to participate in meetings organised by Scientific Association of repute in India be allowed special casual leave not exceeding 10 days in a year in addition to the normal period of casual leave admissible under rules.
(a) Special casual leave may be allowed to a Government servant for a period not exceeding thirty days in any one calendar year. The period of absence in excess of thirty days will be treated as regular leave of the kind admissible under relevant leave rules applicable to the persons concerned. For this purpose Government servant may as a special case be permitted to combine special casual leave with regular leave. Special casual leave should not however, be granted in combination with ordinary casual leave.
[(b)] The special casual leave way be allowed only:-
(i) for participation as a player in sporting events of national or international importance when the Government servant has been duly selected for such participation.
(ii) for participation as an official in any national or internationa
Special casual leave not exceeding 30 days may be granted to Government servants whom the J&K Academy of Arts, Culture and Language select for participation in All India Scheme of inter-State exchange of culture troups.
Special casual leave not exceeding 10 days shall be allowed to an Officer of technical department intending to attend professional or scientific conferences, other than those convened under Government auspicious, provided that the leave sanctioning authority is satisfied that the participation of the official will benefit in acquiring suitable knowledge relating to his line of profession in Government service.
Special casual leave not exceeding 6 working days may be granted in favour of such Government servants as would undergo sterilisation operation (vasectomy or salpingectomy) under the Family Planning Scheme.
Special casual leave not exceeding one day may be granted to women employees undergoing I.U.C.D. insertions under the Family Planning Programme.
Special casual leave not exceeding 14 days shall be allowed to female Government servant for undergoing non-puerperal sterilisation.
Special casual leave up to seven and half days may be granted to a regular Government servant whose wife undergoes a non-puerperal tubectomy operation. This will be subject to the production of a medical certificate from the Doctor who performed the operation to the effect that the presence of the Government servant is essential for the period of leave to look after his wife during her convalescence after operation.
The concession of special casual leave as indicated in rule 55 and 57 may be allowed equally to staff paid from contingencies or borne on work-charged establishment as have been in a job involving whole time employment (and not merely part time for a portion of the day) and have been in service for at least 6 months before undergoing sterilisation operation and I.U.C.D. insertion (in the case of females) and are likely to remain in service for at least 3 months after the operation.
Occasions may arise when grant of regular leave in combination with special casual leave may be unavoidable. As for example, a Government servant having undergone sterilisation operation (Vasectomy or salpingectomy) I.U.C.D. insertion and puerperal sterilisation under the family planning scheme may not have recovered within the prescribed period of special casual leave owing to development of certain complicacies necessitating further leave on medical advice. In such cases the Government servant may be granted regular leave or ordinary casual leave as applied for by her/him on the specific medical certificate of appropriate medical authority. But in no case should the same be combined with casual leave as well as regular leave at one time i.e. a person cannot take casual leave in continuation of special casual leave and extend the leave, after expiry of casual leave by regular leave. If in any case a person does not recover within the period of casual leave taken in
Notwithstanding anything contained in rules 55, 56, 57, 58, 59 and 60 a Government servant who may have to proceed on leave in connection with any one or more of the family welfare programmes listed below shall be granted special casual leave as indicated against each programme:—
Vasectomy:
(a) Special casual leave not exceeding 6 working days is admissible to the male Government servant who undergoes sterilisation operation; if an employee undergoes Vasectomy operation for the second time, special casual leave of six days is again admissible on production of medical certificate from the prescribed medical authority to the effect that the first operation was failure and the second operation was actually performed; and
(b) In case of post sterilisation complication, special casual leave may be
(1) Study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo in or out of India a special course of study consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with sphere of his duty.
(2) Study leave may also be granted:-
(i) for a course of training or study tour in which a Government servant may not attend a regular academic or semi-academic course if the course of training of the study tour is certified to be of definite advantage to Government from the point of view of public interest and is related to sphere of duties of the Government servant; and
(ii) for the purpose of studies connected with the framework or background of public administrati
The maximum amount of study leave, which may be granted to a Government servant shall be:-
(a) ordinarily twelve months at any one time; and
(b) during his entire service [thirty-six-months] in all (inclusive of similar kind of leave for study or training granted under any other rules)
(1) (a) Every application for study leave shall be submitted through proper channel to the authority competent to grant leave;
(b) The course or courses of study contemplated by the Government servant and any examination which he proposes to undergo shall be clearly specified in such application.
(2) Where it is not possible for the Government servant to give full details in his application or if after leaving India he is to make any change in the programme which has been approved in India, he shall submit the particulars as soon as possible to the Head of the Mission or the authority competent to grant leave as the case may be and shall not unless prepared to do so at his own risk, commence the course of study or incur any expenses in connection therewith until he receives the approval of the authority competent to grant the study leave for the course.
(1) Where a Government servant borne permanently on the cadre of one department or establishment is serving temporarily in another department or establishment, the grant of study leave to him shall be subject to the conditions that the concurrence of the department or the establishment to which he is permanently attached is obtained before leave is granted.,
(2) Where the study leave is granted for prosecution of studies abroad the Head of the Mission concerned shall be informed of the fact by the authority granting the leave.
Note.—The Head of the Mission shall be contacted by the Government servant for issue of any letter of introduction or for other similar facilities that may be required.
(3) (a) Every Government servant in permanent employ who has been granted study leave or extension of
(1) Study leave shall not be debited against the leave account of the Government servant.
(2) Study leave may be combined with other kinds of leave, but in no case shall the grant of this leave in combination with leave other than extraordinary leave, involve a total absence of more than [thirty-six months] from the regular duties of the Government servant.
Explanation.—The limit of twenty-eight months of absence prescribed in this sub-rule include& the period of vacation.
When the course of study falls short of study leave granted to a Government servant he shall resume duty on the conclusion of the course of study unless the previous sanction of the authority competent to grant leave has been obtained to the period of shortfall its ordinary leave.
(1) During study leave availed outside India, a Government servant shall draw leave salary equal to the pay (without Allowances other than Dearness Allowance) that the Government servant drew while on duty with the Government immediately before proceeding on such leave in addition to the Study Allowance admissible under the provisions of rules 68 to 73.
(2) (a) During study leave availed in India, a government servant shall draw leave salary equal to the pay (without allowances other than Dearness Allowance) that the Government servant drew while on duty with the Government immediately before proceeding on such leave.
(b) Payment of leave salary at full rate under clause (a) shall be subject to furnishing of a certificate by the Government servant to the effect that he/she is not in receipt of any scholarship, stipend or remuneration in
(1) A Study Allowance shall be granted to a Government servant who has been granted study leave for studies outside India for the period spent in prosecuting a definite course of study at a recognized Institution or in any definite tour of inspection of any special class of work as well as for the period covered by any examination at the end of the course of study;
(2) Where a Government servant has been permitted to receive and retain. in addition to his leave salary any scholarship or stipend that may be awarded to him/her from a Government or non-Government source or any other remuneration in respect of any part-time employment;
(a) No study Allowance shall be admissible in case the net amount of such scholarship or stipend or remuneration (arrived at by deducting the cost of fees, if any, paid by the Government servant from the value
The rates of Study Allowance shall be the same as are allowed by-the Government of India to its employees from time to time in the respective countries.
(1) Payment of Study Allowance shall be subject to the furnishing of a certificate by the Government servant to the effect that he/she is not in receipt of any scholarship, stipend or any other remuneration in respect of any part-time employment.
(2) Study Allowance shall be paid at the end of every month provisionally subject to an undertaking in writing being obtained from the Government servant that he/she would refund to the Government any over-payment consequent on his failure to produce the required certificate of attendance or on his/her failure to satisfy the authority competent to grant leave about the proper utilization of the time spent for which study Allowance is claimed.
(3)(a) In the case of a definite course of study at a recognized Institution, the Study Allowance, shall be payable by the authority competent to grant lea
No allowance of any kind other than the Dearness Allowance and Study Allowance (where admissible) shall be admissible to a Government servant in respect of the period of study leave granted to him/her.
(1) If a Government servant resigns or retires from service or otherwise quits service without returning to duty after a period of study leave or within a period of three years after such return to duty he/she shall refund:-
(i) the actual amount of leave salary, Study Allowance and other expenses, if any incurred by the Government; and
(ii) the actual amount, if any, of the cost incurred by other agencies such as foreign Governments, Foundations and Trusts in connection with the course of study, together with the interest thereon at rates for the time being in force on Government loans from the date of demand, before his/her resignation is accepted or permission to retire is granted or his/her quitting service otherwise:
Provided that nothing contained in this rule shall apply:-
&nb
Authority Competent to sanction study leave shall be as under:
(1) The concerned Administrative Department shall be competent to sanction the study leave under these rules within the State.
(2) The General Administration Department on the recommendations of the Administrative Department concerned and with the consent of the Finance Department may grant study leave under these rules for purpose of study outside the State within India.
(3) Cases for study leave outside India will be sanctioned by the Government on the recommendations of the committee prescribed for the purpose and with the concurrence of the Finance Department.]
Government servants in service on the date of issue of these rules will in respect of "Leave" have the option either to be governed by the rules contained in the Jammu and Kashmir Civil Service Regulations, Volume I, Chapter XI or by these rules. In either case, the option should be communicated in Form 10 to the Head of Office/Department within a period of three months from the date of coming into force of these rules. Those who do not exercise their option within the stipulated period shall be deemed to have opted for these rules.
Option once exercised shall be treated as final.
(a) The Government reserves to itself the right of changing or cancelling the rules in these regulations from time to time at his discretion and of interpreting their meaning in case of dispute.
(b) Power to relax.—Where the Government is satisfied that the operation, if any of these rules has caused undue hardship in particular case, it may, by order for reasons to be recorded in writing, dispense with or relax the requirements of that ride to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner:
Provided that no such order shall be made except with the concurrence of the Finance Department.
In the case of Government servants in service on 1-1-1979 who opt for these rules their title to leave under these rules will be determined as under:
(a) Earned Leave—The privilege leave which was due to them on the date of their last return from such leave will be treated as earned leave at their credit and from that date onwards, they will earn (Earned Leave) at the rate and to the maximum extent contained in these rules;
(b)Half Pay Leave—The leave on private affairs or furlough which may be at their credit on 31-12-1978 will be treated as half pay leave under these rules and from the date of last return from such leave they will earn half pay leave under these rules subject to the condition that previous credit on account of furlough or private affairs plus half pay leave earned under these rules or previous spell of leave on furloug
(1) On the commencement of these rules every rule, regulation or order in force immediately before such commencement shall in so far as it provides for any of the matters, contained in these rules, cease to operate.
(2) Notwithstanding such cesser or operation, anything done or any action taken or any leave earned by or granted to or accounted to the credit of a Government servant, under the old rules, shall be deemed to have been done, taken, earned, granted or accrued under the corresponding provision of these rules.
First Schedule
[See Rule 4(a)]
Authority Competent to Grant Leaves
| S.No. | Kind of Leave | [Vacation Rules of the Institute of Medical Sciences, Srinagar] 1. Scope and extent—These rules shall apply only to the members of the faculty of the Institute appointed in substantive or temporary capacity (including probationary officers) or working on deputation basis. These rules shall not however, apply to such members of the faculty as are employed on tenure basis for a period of less than one year or appointed on ad hoc basis. These rules will apply to officers on contract only if their terms of contract so provide. 2. Definitions—In these rules unless the context otherwise requires:- (a) "Institute" means the Institute of Medical Sciences, Srinagar. (b) "Faculty" means members of the teaching staff of the Institute appointed as Director, Dir |
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