CHAPTER VIII

LEAVE

SECTION I–General Conditions And Extent of Application

I.– SERVICE COUNTING FOR LEAVE

8.1. Leave is earned by duty only. For the purpose of this rule, a period spent in foreign service counts as duty if contribution towards leave salary is paid on account of such period.

Note.–See also note below rule 2.16 (b).

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

Note.–Resignation of the public service, even though it is followed immediately by re-employment should entail forfeiture of past service for the purpose of leave under the rules in this chapter and should, therefore, constitute an “Interruption of duty‟.

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

Note.–The re-employment of a person who has retired on a superannuation or retiring pension is generally an exceptional and temporary expedient. The service of such a re-employed pensioner should, therefore, be regarded as temporary and his leave during the period of re-employment, should be regulated by the rules applicable to temporary Government employees.

        II.–APPLICATION FOR AND GRANT OF LEAVE

(1)    GENERAL

8.3. Subject to any instructions issued by the Comptroller and Auditor-General of India in order to secure efficiency and uniformity of audit in relation to leave procedure the following rules govern the procedure for making applications for leave and for granting leave.

Note.–The instructions relating to leave procedure are contained in Appendix 11 in Part II of this Volume.

(2)  APPLICATION FOR LEAVE.

(a) To whom to be submitted.

8.4. An application for leave, or for an extension of leave, shall be made to the authority competent to grant such leave or extension.

Note.–Application for leave should be made on form Punjab C.S.R. No. 2.

8.5. A Government employee on foreign service in India should submit all applications for leave, through his employer, to the authority competent to sanction the leave.

(b) Procedure in case of leave on medical certificate.

Instructions for Medical Officers

8.6. Medical Officers must not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government employee concerned will ever be fit to resume his duties. In such cases, the opinion that the Government employee is permanently unfit for Government service should be recorded in the medical certificate.

8.7. Every certificate of a medical committee or board or a medical officer recommending the grant of leave to a Government employee must contain a proviso that no recommendation contained in it shall be evidence of a claim to any leave not admissible to the Government employee under the terms of his contract or of the rules to which he is subject.

8.8 to 812. Omitted.

  Medical certificate for Government employees.

8.13. (a) Every application for leave on medical grounds made by a Government employee shall be accompanied by a medical certificate given by a registered medical practitioner having a graduate degree in the Allopathic, Ayurvedic or Homoeopathic system of medicine defining as nearly as possible the nature and probable duration of the illness or by a request for the issue of a requisition for examination by a medical officer of the Government:

Provided that the authority competent to sanction leave may, at its discretion, waive the condition of producing a medical certificate in the case of a Group „A‟ or Group „B‟ Government employee if the leave applied for does not exceed three days at a time and such leave shall not be treated as leave on medical certificate and shall be debited against leave due other than the leave on medical grounds.

• The authority competent to sanction leave may at its discretion, secure a second medical opinion by requesting the Principal Medical Officer or Assistant to the Civil Surgeon to have the applicant examined.  If it decides to do so, it must arrange for the second examination to be made at the earliest possible date after the date on which the first medical opinion was given.
• The Principal Medical Officer or Assistant to the Civil Surgeon shall express his opinion both as regards the facts of the illness and as regards the necessity for the amount of leave recommended, and for this purpose he may require the applicant for leave to appear either before himself or before a medical officer nominated by him.

Note 1.–The possession of a certificate as prescribed in this rule does not itself confer upon the Government employee concerned any right to leave.

Note 2.–Omitted.

Note 3.–Omitted.

Note 4.–The Government employee should obtain a medical certificate in the following form or as nearly in that form as the circumstances may permit:–

“Medical Certificate for Government employees recommended for leave, extension of leave or commutation of leave.”

• Name (to be filled in by the applicant in the presence of the registered medical practitioner having a graduate degree in the Allopathic, Ayurvedic or Homoeopathic System of Medicine.
• Signature of the applicant.
• Total service.
• Previous period of leave or of absence on medical certificate.

(Columns 5 and 6 to be filled in by the applicant in the presence of the registered medical practitioner having a graduate degree in the Allopathic, Ayurvedic or Homoeopathic System of Medicine.)

I ___________________________,after careful personal examination of the case hereby certify that ___________________whose signature and particulars are given above, is suffering from _______________and I consider that a period of absence from duty of ________________with effect from ______________ is absolutely necessary for the restoration of his health.

Dated the                                             Government Medical Attendant OR

Registered Medical Practitioner having a                                                                                                                    Graduate Degree in the Allopathic, Ayurvedic or                                                             Homoeopathic System of Medicine.

 

 

(Second medical opinion if called for by the authority competent to sanction leave).

 

Principal Medical Officer or

Assistant to Civil Surgeon

 

8.14. In support of an application for leave, or for an extension of leave, on medical certificate, from a Government employee in Group „D‟ Service, the authority competent to grant the leave may accept such certificate as it may deem sufficient.

   (3) GRANT OF LEAVE

(a)  General

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

The nature of leave due and applied for by a Government employee cannot be altered at the option of the sanctioning authority. So, while it is open to the sanctioning authority to refuse or revoke leave due and applied for under this rule it is not open to him to alter the nature of such leave.

8.16. (1) The grant of a certificate under rule 8.13 or 8.14 does not in itself confer upon the Government employee concerned any right to leave. The certificate should be forwarded to the authority competent to grant the leave, and the orders of that authority should be awaited. A Government employee who absents himself from his duty without permission of the competent authority is liable to have his absence treated as absence from duty without leave.

(2)  The authority competent to grant leave may, in its discretion waive the production of a medical certificate in case of an application for leave for a period not exceeding three days at a time. Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than leave on medical grounds.

8.17. In cases where all applications for leave cannot, in the interests of the public service, be granted, an authority competent to grant leave should, in deciding which application should be granted, take into account following considerations:‒

• The Government employees who can, for the time being, best be spared.
• The amount of leave due to the various applicants.
• The amount and character of the service rendered by each applicant since he last returned from leave.
• The fact that any such applicant was compulsorily recalled from his last leave.
• The fact that any such applicant has been refused leave in the public interest.

8.18. When a medical committee or board has reported that there is no reasonable prospect that a particular Government employee will ever be fit to return to duty, leave should not necessarily be refused to such a Government employee. It may be granted, if due, by a competent authority on the following conditions:–

• If the medical committee or board is unable to say with certainty that the Government employee will never again be fit for service, leave not exceeding twelve months in all may be granted. Such leave should not be extended without further reference to a medical committee or board.
• If the medical committee or board declares the Government employee to be completely and permanently incapacitated for further service he should, except as provided in clause (c) below, be invalided from the service, either on the expiration of the leave already granted to him, if he is on leave when examined by the committee or board, or, if he is on duty from the date of relief of his duties which should be arranged without delay on receipt of the report of the medical authority.
• A Government employee declared by a Committee or Board to be completely and permanently incapacitated may, in special cases, be granted leave, or an extension of leave, not exceeding six months as debited against the leave account if such leave be due to him. Special circumstances justifying such treatment may be held to exist when the Government employee‟s breakdown in health has been caused in and by Government service, or when he has taken a comparatively small amount of leave during his service or will complete at an early date an additional year‟s service for pension.
  • Leave shall not be granted to a Government employee whom a competent authority has decided to dismiss, remove or compulsorily retire from Government service.
  • Leave should be sanctioned to a Government employee after due verification by the authority maintaining the leave account and a modified sanction for the period of leave can be issued, where necessary.

Note.–In the case of leave preparatory to retirement, an undertaking for recovery of leave salary, if any, paid in excess shall be taken from the Government employee.

 (b) Leave beyond the date of retirement and encashment of leave

8.21. (a) Leave at the credit of a Government employee in his leave account shall lapse on the date of his retirement:

Provided that the Government employee, _–

• retiring on superannuation; or
• retiring prematurely, voluntarily or on invalidation; or
• retiring compulsorily as a measure of punishment and in whose case cut in the amount of pension has not been ordered by the competent authority; shall, subject to the provisions of sub-rule (c), be entitled to cash payment in lieu of the un-utilised earned leave due as leave preparatory to retirement as under :–

• the cash  payment  shall  be  equivalent  to  leave  salary  limited  to  a                           maximum of 300 days‟ earned leave;
• the cash  payment  shall  become  payable  on  retirement in the above                             cases in lump sum as a one-time settlement;
• the leave  salary  for  the  purpose  of  this  rule  shall  not  include city                           compensatory allowance or house-rent allowance; and
• no deduction on account of pension and pensionary benefit equivalent                       to other retirement benefits shall be made from the cash  thus paid.

(aa) Notwithstanding anything contained in sub-rule (a), the authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of Government employee, who retires from service on superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in the opinion of such authority, there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him and on conclusion of the proceedings, he shall become eligible to the amount so withheld after adjustment of Government dues, if any.

(b)  In case of a Government employee, who is granted extension in Service, on the completion of his extended period of Service, shall be entitled to draw cash equivalent to un-utilized earned leave at his credit on the date of his superannuation:

Provided that a Government employee, who continues in Service after his superannuation, shall earn leave at the rate applicable to him on the date of his superannuation:

Provided  further  that if a Government employee, avails earned leave in excess of leave earned  by  him  during  the  period  of  his extension, in that case the excess leave availed by him, shall be deducted from the un-utilized leave at his credit on the date of his superannuation.

• the cash payment for the unutilised leave admissible under the aforesaid subrule (a), shall be calculated as follows, namely: _–

 

Pay admissible on the date of retirement plus Dearness Allowance admissible on that date. _______________________ 30

×

Number of days of unutilised earned leave at credit on the date of retirement subject to a maximum of 300 days.

(Special Note : Basic Pay plus DA/30*unutilised leave at credit on the date of retirement(Max. 300))

Note 1.–In the case of the 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.

Note 2.  Omitted.

Note 3.  Omitted.

Note 4.–The period of 300 days mentioned in this rule includes any period of vacation with which leave is combined.

Note 5.–Omitted.

Note 6.–In the case of a Government employee, who is serving in a vacation department, the provisions of rule 8.117 shall also apply for computing his leave under sub-rule (b), of this rule.

           Note 7.–The authorities empowered to grant earned leave, as specified in Appendix-12 of Part II of this Volume, shall be competent to sanction cash equivalent of unutilized earned leave admissible under the provisions of this rule.

(c)   Encashment of earned  leave  along  with Leave Travel Concession while in service

          8.22. (1) A Government employee may be permitted to encash earned leave upto ten days at the time of availing of Leave Travel Concession while in service, subject to the condition that the total earned leave so encashed during the entire service career shall not exceed sixty days in the aggregate.

• The encashment of earned leave under this rule shall be allowed only once during the relevant block of four years and shall be admissible without any linkage to the number of days and the nature of leave availed for Leave Travel Concession.
• The amount of leave encashment shall be calculated as follows, namely: _–

 

Pay admissible on the date of availing of the Leave Travel Concession plus Dearness Allowance admissible on that date. _______________________ 30

×

Number of days of earned leave encashed subject to the maximum of ten days at one time.

• The leave encashed under this rule shall be debitable to the leave account of the Government employee.
• Where both husband and wife are Government employees, encashment of leave shall be admissible to both of them subject to a maximum of sixty days for each spouse during the entire service career.
• The leave so encashed shall not be deducted from the maximum amount of earned leave encashable at the time of retirement under rule 8.21.

Clarification:_–Encashment of earned leave under this rule shall not be admissible for availing Leave Travel Concession to visit Home Town.

(4)  AUTHORITIES COMPETENT TO GRANT LEAVE

8.23. Appendix 12 in Part II of this Volume specifies the authorities by whom leave admissible under these rules, other than leave on medical certificate under rule 8.18, special disability leave under rule 8.124 and 8.125, study leave under rule 8.126 and extraordinary leave under rule 8.137 of these rules, may be granted:

Provided that the authorities specified in Appendix 12, in Part II of this Volume may further delegate their powers to grant leave to any authority subordinate to them subject to such conditions and limitations as they may deem fit to impose:

Provided further that:

• the creation of an additional post requiring the sanction of a higher authority; or
• reference to higher authority for a substitute; the sanction of the higher authority competent to create the additional post or to sanction a substitute will be necessary. Special disability leave can be sanctioned only with the consent of the Department of Finance.

8.24. Omitted.

 

III.–COMMENCEMENT AND EXPIRY OF LEAVE AND COMBINATION OF HOLIDAYS WITH LEAVE

• Commencement and expiry of leave.

8.25. Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that on which charge is resumed. When joining time is allowed to a Government employee returning from leave out of India, the last day of his leave is the day before the arrival of the vessel in which he returns at her moorings or anchorage in the port of debarkation, or, if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India.

• Combination of holidays with leave.
  • An authority competent to grant leave may permit Sundays, other recognised holidays or vacation to be prefixed to leave or affixed to leave or to be both prefixed and affixed to leave in the circumstances and on the conditions laid down in rules 8.27 to 8.32:

Provided that prefixing and suffixing Sundays or other 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 Sundays or other holidays to leave is specifically withheld. In case of leave on medical certificate if the day on which an employee is certified medically fit for rejoining duties happens to be Sunday or other holiday, he shall automatically be allowed to suffix such a holiday to his medical leave and such day shall not be counted as leave.

Note.–See also rules 3.23 and 3.24.

• When the day (or days) immediately preceding the day on which the leave of a Government employee  begins  is a holiday (or series of holidays), and competent authority has permitted under rule 3.23, the said Government employee to make over charge (and the Government employee relieving him to receive charge) on the afternoon of the day immediately preceding the holiday or series of holidays, the leave of the Government employee making over charge and any consequent rearrangement of pay and allowances shall, unless the competent authority in any case otherwise, directs, take effect from the first day after the holidays.
• When the day (or days) immediately following the day on which the leave of a Government employee ends is a holiday (or series of holidays), and a competent authority has permitted the said Government employee to receive charge (and the Government employee relieved to make over charge) on the forenoon if the day immediately following the holidays or series of holidays, the leave if the Government employee receiving charge, is, unless the competent authority in any case otherwise directs, treated as  having  terminated  on,  and any consequent re-arrangement  of pay  and allowances takes effect from the day on which the leave would have ended if holidays had not been affixed.

Note 1.–When a competent authority directs otherwise than as in this rule, it should convey the orders in the following form:

“It is directed under Rule 8.28 that___ (leave) be treated as having terminated on ____and the consequent re-arrangement of pay and allowances takes effect from the same date.”

Note 2.–The fundamental principle is that two Government employees cannot be on duty in the same post. Under rule  a competent authority cannot accordingly direct that both the relieving and the relieved Government employees shall be considered as on duty in the same post during the period of holidays. A competent authority can under the rule direct that the leave of the Government employee  leave and the consequent arrangement of pay and allowances shall take effect from the first day  the holidays or from some day during the holidays. If a holiday comes at the  of leave the Government employee  leave can be allowed under rule during that holiday, where ordinarily no work is required of him to  off and count the holiday as duty, as if would have counted had he .

The        Government        employee          leave. If a competent authority decides that in the circumstances of the case some one must be on the spot in charge than either

(1) the Government employee  leave must  during the holiday or

(2) must the charge during the whole or part of the holidays according to the orders  and  he  must do the work without drawing the pay of the post, the  man being allowed to be away from the station though being treated as on duty during the whole or part of the holidays.

8.29. In the case of Government employees serving in vacation Departments, vacations may be prefixed or affixed to leave, or both prefixed and affixed or allowed to intervene between two periods of leave subject to the conditions mentioned in rules 3.23, 3.24, 8.27, 8.28, and 8.117(c). The previous approval of the Department of Finance should be obtained in cases where combination of vacation with leave involves extra expense to Government.

Note.–Recognised holidays intervening between leave and vacation or vice versa should, be treated as part of the vacation and such holidays should be taken into account for the purpose of calculating the maximum amount of earned leave admissible to a Government employee at any one time.

8.30. When a Government employee is permitted to prefix vacation to leave; he will report before leaving headquarters or if for urgent reasons, the leave is granted during vacation as soon as it is granted, that he makes over charge with effect from the

end of  the  vacation, and  the  relieving Government employee will then take over charge, and the leave and any consequent re-arrangement of pay will have effect from the end of the vacation.

          8.31. When a Government employee is permitted to affix vacation to leave the Government employee to be relieved will make over charge before the vacation, and any consequent re-arrangement of pay will have effect from the beginning of the vacation.

8.32. In the case of District and Sessions Judges, vacations will be treated as recognised holidays and may be prefixed or affixed to leave or both prefixed and affixed or allowed to intervene between two periods of leave subject to the conditions mentioned in Rules 8.23, 8.27 and 8.28 above and provided further that –

• no additional expense is incurred by the State for the period of the vacation.
• vacation shall be reckoned as leave in calculating the maximum amount of “earned leave” which may be included in the particular period of leave.

        Exception: As it is not possible to say at the time of sanctioning leave that condition  (i)  will  necessarily  be satisfied,  any  permission  to  combine  leave  with vacation is subject to withdrawal in the event of a Government employee being required to carry out the duties of the post during vacation. In such cases either the Government employee will be recalled or, if this is impracticable owing to his absence from India or for any other reason, a substitute will be appointed.  In the latter case, the portion of the Government employee‟s vacation during which the substitute discharges the duties of the post will be treated as leave.

         8.33. (1) Where the application of the above rules as to prefixing and affixing holidays to leave or joining time is doubtful, or inequitable, a competent authority will decide which Government employee shall be held to have been incharge, and to which the pay of the post for the holiday or holidays shall be paid.

(2)  Unless the authority competent to grant leave in any case, otherwise directs,_–

• if holidays  are  prefixed to  leave,  the  leave  and  any  consequent re-arrangement of pay and allowances takes effect from the day after the holidays; and
• if holidays are suffixed to leave, the leave is treated as having terminated and any consequent re-arrangement of pay and allowances take effect from the day on which the leave would have ended, if holidays had not been suffixed.

                 IV.–DEPARTURE ON LEAVE

8.34. Omitted.

8.35. A Government employee taking leave out of India must report his embarkation to the authority which granted his leave.

8.36. Every Government employee proceeding on leave must record on his application for leave, the address at which letters will find him during leave. Subsequent changes in address during leave, if any, should likewise be intimated to the head of the office or the head of department, as the case may be.

8.37 to 8.40.  Omitted.

 

    V.–ACCEPTANCE OF EMPLOYMENT DURING LEAVE

8.41. A Government employee on leave may not take any service or accept any    employment (including the setting up of a private professional practice as accountant, consultant, or legal or medical practitioner), without obtaining the previous sanction of –

• the competent authority, if the proposed service or employment lies elsewhere than in India;
• the Government, or any lower authority empowered to appoint him, if the proposed service or employment lies in India.

Note 1.–This rule does not apply to casual literary work or to service as an examiner or similar employment, nor does it apply to acceptance of foreign service which is governed by rule 10.2. The provisions of this note cannot be used as a means of evading the rules governing foreign service and Government employees should in no case be permitted to take up foreign service except on terms duly approved by the authority competent to sanction the transfer.

           Note 2.–This rule should not be construed as permitting a Government employee who avails himself of leave on medical certificate to undertake regular employment during such leave.

Note 3.–No permission for accepting employment during leave preparatory to retirement shall be granted:

Provided that in exceptional circumstances, the competent authority or the Government, as the case may be, may permit the Government employee to accept employment with any public sector undertaking and on grant of such permission, the leave salary shall not be restricted to that admissible during half-pay leave.

Note 4.–The leave salary of a Government employee permitted to take up employment during terminal leave granted under rule 8.138-A shall not be restricted to the amount of leave salary admissible during the half-pay-leave but shall be subject to reduction on account of pension and pension equivalent of other retirement benefits and such a Government employee shall be paid in lump sum the amount equivalent to leave salary and allowances, for the entire period of such leave as one-time settlement.

            Note 5.–A Government employee who volunteers for premature retrenchment in order to take up private employment should be treated as having resigned his post of his own volition and granted terminal leave not exceeding half the amount of earned leave at his credit and his leave-salary restricted to the amount of leave-salary admissible in respect of half pay leave.

Note 6.–Re-employed pensioners and specialists/contract officers can be permitted to take up employment/service during the currency of terminal leave, but in that case their leave salary should be restricted to the amount of leave salary admissible in respect of half pay leave.

Note 7.–This rule does not apply where a Government employee has been allowed to take up a limited amount of private practice and receives fees therefor as part of his conditions of services, e.g. where a right of private practice has been granted to a medical officer.

8.41-A. (1) In case a Government employee who has proceeded on leave preparatory to retirement before the date of compulsory retirement is required for employment during such leave in any post under the Punjab Government and he is agreeable to return to duty, he will be recalled to duty and the unexpired portion of his leave from the date of rejoining duty shall be cancelled.

(2) The leave so cancelled under sub-rule (1), shall be allowed to be encashed under the provisions of rule 8.21.

            VI.–RECALL FROM LEAVE

8.42. In case a Government employee is recalled to duty before the expiry of his leave, he is entitled –

• if the leave from which he is recalled is out of India–
  • to receive a free passage to India; and, provided that he has not completed half the period of his leave by the date of leaving for India on recall, or three months, whichever period is shorter, to receive a refund of the cost of his passage from India;
  • to count the time spent on the voyage to India as duty for purposes of calculating leave; and
  • to receive leave salary during the voyage to India and for the period from the date of landing in India to the date of joining his post to be paid leavesalary at the same rate at which he would have drawn it, had he not been recalled but returned in the ordinary course on the termination of his leave and for the latter period travelling allowance under the Punjab Travelling Allowance Rules.
• If the leave from which he is recalled is in India to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw travelling allowance  under  the  Punjab  Travelling  Allowance Rules  for the journey,  and to draw leave salary until he joins his post at the same rate at which he would have drawn it but for recall to duty.

Note 1.–Orders recalling a Government employee on leave out of India should in all cases be communicated to him through the High Commissioner for India.

Note 2.–The „concession‟ referred to in the second sentence of this rule is a concession of the category permitted by the rule. The concessions under this rule are clearly not intended to affect the privileges of Government employees which are admissible under other rules, the concessions may be availed of when they happen to prove additional to or better than the ordinary privileges.

Note 3.–The expression “on the termination of his leave”, in clause (a) (iii) of this rule means “on the termination of the period of leave as determined by his recall as opposed to the whole of the leave he was originally granted.”  The effect of this interpretation will be to make the same leave salary admissible for the period of transit in India as would be admissible had the return to duty been voluntary and the period of voyage been leave proper and the period of transit in India been leave proper or joining time under Rule 9.1 as the case may be.

Note 4.– Omitted.

 VII. RETURN FROM LEAVE

• Before expiry of leave.

8.43. (1) A Government employee on leave may not return to duty 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.

• Notwithstanding anything contained in sub-rule (1) a Government employee on leave preparatory to retirement shall be precluded from withdrawing his request for permission to retire and from returning to duty, save with the consent of the authority empowered to appoint him.

(2) Return from leave on Medical Certificate.

8.44. (i) A Government employee who has taken leave on medical certificate may not return to duty until he has produced a medical certificate in the following form:–

Signature of the applicant ____________________.

I________________Civil Surgeon, Principal Medical Officer, Assistant to Civil Surgeon of _________________

I____________ *Registered Medical Practitioner of________do hereby certify that I have examined A.B.C. of the _______________ Department  whose  signature is

                                                        

* See rule 8.13

given above and find that he has recovered from his illness and is now fit to resume duties in Government service. I have examined the original medical certificate(s) and statement(s) of the case (or certified copies thereof) on which leave was granted or extended and have taken these into consideration in arriving at my decision.

The original medical certificate(s) and statement(s) of the case on which the leave was granted or extended shall be produced before the authority asked to issue the above certificate. For this purpose, the original certificate(s) and statement(s) should be prepared in duplicate, one copy being retained by the Government employee concerned.

(ii) The authority under which the Government employee will be employed on return from leave may, if it considers necessary, obtain a second medical opinion about the fitness of the Government employee to resume duty by requesting the Civil Surgeon, the Principal Medical Officer or the Assistant to Civil Surgeon to medically examine the Government employee.

In the exceptional cases, the certificate may be obtained from a Commissioned Medical Officer or a Medical Officer-in-charge of a Civil Station.

If the Government employee on leave is not a Group „A‟ or Group „B‟ officer the authority under which the Government employee will be employed on return from leave, may, at his discretion, accept a certificate signed by any registered medical practitioner.

Note.–A Government employee who had been suffering from tuberculosis may be allowed to resume duty on the basis of fitness certificate which recommends light work for him.

8.44-A.  Omitted.

(3) Report of return from leave.

8.45. A Government employee, on return from leave, must report his return to the authority granting the leave.

8.46. A Government employee returning from leave is not entitled, in the absence of specific orders to that effect, to resume, as a matter of course, the post which he held before going on leave.  He must report his return to duty and await orders.

VIII.  OVERSTAYAL OF LEAVE

8.47. (1) Unless the authority competent to grant leave extends the leave, a Government employee 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 employee liable to disciplinary action.

                                        IX.   LEAVE-SALARY

(1) General

8.48. Subject to any instructions given by the competent authority in connection with the control of the issue of money from treasuries or by the Comptroller and Auditor General of India in order to secure efficiency and uniformity of audit, the following rules prescribe the procedure to be followed: _–

• in the payment of leave-salary; and
• in the maintenance of record of service.

Note.–The instructions regarding leave procedure and maintenance of service record are given in Appendix-11 in Part II of this Volume.

(2) Payment of leave-salary.

8.49. (1) Unless the competent authority by general or special order otherwise directs, leave salary shall be drawn in rupee in India.

X. LEAVE ACCOUNTS

8.50. A leave account for each Government employee subject to the Revised Leave Rules contained in Section III of this Chapter, shall be maintained in form Punjab C.S.R. No.16.

         Note 1.–A separate leave account should be kept of the leave earned by a Government employee serving under a Government and then transferred to another Government and all leave taken after the date of transfer should be debited to this account so long as the balance under it is not exhausted and the allowance drawn during all leave which is so debited should be charged to that Government.

Note 2.  Omitted.

Note 3.–The balance of earned leave or half pay leave at the credit of a Government employee shall invariably be indicated on the order sanctioning such leave to that employee.

          8.51. The  leave  account  of  a  Group  „A‟  or „B‟  and  Group  „C‟  or „D‟ Government employee shall be maintained by the Head of the Department and by the Head of Office, as the case may be, in which he is employed.

1. EXTENT AND APPLICATION

     (1)  Application of Revised Leave Rules

8.52. For purposes of grant of leave and leave salary, the Government employees other than those engaged on contract (vide Rule 8.57) or those for whom special provision regarding leave has been made, are subject to the revised leave rules contained in Section III of this Chapter.

Note.–The staff employed on Central Agency Work will be governed by the leave rules of the Central Government or these `rules in accordance with the provisions set forth in Annexure II of section I of this Chapter.

         8.53.  Omitted.

          8.54.  Omitted.

8.55.  The rules in this section are not applicable to Government employees paid from Defence Estimates who are temporarily transferred to service, paid from Civil Estimates, (including service in a tenure post). Such Government employees remain subject to the rules which applied to them before their transfer.

8.56.  Omitted.

          8.57.  Leave admissible to Government employees engaged on contract will be determined by the terms of their contracts: Provided that no leave will be admissible in excess of the leave which would be admissible to a Government employee holding a permanent post.

Note.–Model Leave Terms for Government employees engaged on contract are given in Part I of Appendix–16, in Punjab Civil Services Rules, Volume I, Part II.

8.58. Leave on medical certificate to Government employees subject to Rules 8.131 and 8.132 shall not be granted for a period extending beyond the term of the Government employee‟s contract unless or until it has been decided to retain him in permanent employment.

Note.–The provisions of Rule 8.21 apply mutatis mutandis to Government employees engaged on contract.

(2)  Periods of Off Duty which are not treated as Regular Leave.

(a) Vacation

           8.59. Unless the contrary appears from the context vacation counts as duty and not as leave.

A competent authority may specify the departments or parts of departments which should be treated as vacation departments and the conditions in which a Government employee should be considered to have availed himself of a vacation.

Note.–The orders issued under this rule are given in the Annexure I to this section.

(b)  Casual and Quarantine leave

8.60. A Government employee on casual leave or on quarantine leave is not treated, as absent from duty and his pay and allowances are not intermitted, as such leave is not recognised regular leave and is not subject to the rules in this Chapter.

 8.61. Rules regulating the grant of casual leave and quarantine leave are given in Appendix 17 in Part II of this Volume.

 ANNEXURE I

(See Rule 8.59)

1. A vacation department is a department, or part of a department, to which regular vacations are allowed during which Government employees serving in the department are permitted to be absent from duty.
2. (i) The following classes of Government employees serve in vacation department when the conditions of paragraph 1 above are fulfilled :–
   • Educational Officers, other than the Director of Public Instruction and inspecting officers, and their establishment.
   • Judicial officers of rank not higher than that of subordinate judge and their establishments –
   • Any other class of Government employees which a competent authority may declare to be so serving.

(ii)  In case of doubt, a competent authority may decide whether or not a particular Government employee is serving in a vacation department.

Note 1.–District and Sessions Judges may, with the express permission of the Hon‟ble Judges of the High Court, avail themselves, without prejudice to their regular leave, of so much of the vacation during the month of September as is not needed for the disposal of Criminal business : Provided that suitable arrangements, with the approval of the High Court, can be made for the disposal of work and that the State is not put to any additional expenditure in  the way of telegraph, postal or other similar charges.  At places where there are two or more Judges in a Sessions Court, they may subject to the condition that at least one of them remains on duty, avail themselves of the vacation on dates falling between the 24^th August and 8^th October.  Vacation in their case shall be treated as recognised holidays.

Note 2.–A complete list of Government employees serving in vacation departments is given in Appendix 18 in Part II of this Volume.

3. A Government employee serving in a vacation department shall be considered to have availed himself of a vacation, or a portion of a vacation, unless he has been required, by general or special order of a higher authority, to forego such vacation, or portion of a vacation: Provided that if he has been prevented by such an order from enjoying more than 15 days of vacation, he shall be considered to have availed himself of no portion of the vacation.

Note 1.–A Government employee who has routine duties to discharge during a vacation which  do  not  require  his  presence  at  his  place of duty  and which can be performed either by himself at some other place or by some other Government employee, shall be considered to have availed himself of a vacation or a part of it. A Government employee who absents himself from his place of duty during any part of vacation is expected to arrange for and is responsible for the performance without any cost to Government, of such routine duty.  Should a Government employee who is absent from the place of duty during any portion of a vacation be recalled thereto, he will not be entitled to travelling allowance unless the vacation is combined with leave.

Note 2.–The words “higher authority” occurring in this paragraph mean in the case of the head of an office or institution the Head of Department and in other cases the head of the office or institution.

        ANNEXURE II

(Referred to in Note 3 below Rule 8.52)

 

1. The staff employed on Union Agency work will be governed by the leave rules of the Union Government or the rules of the Punjab Government in accordance with the following principles.

2. Such staff may be divided into the following categories:–

• Personnel recruited for and employed in agency departments whose pay, leave salary, allowances and pensions are charged direct to the Union Government, i.e., personnel who are paid direct by the Union Government but who are technically under the administrative control of the Punjab Government.
• Personnel recruited and employed in connection with the affairs of the Punjab, whose pay, leave salary, allowances and pensions are charged to

State revenues, but whom the Punjab Government employs temporarily on agency work. For their services the Union Government pays the Punjab Government an agreed sum and the entire leave charges are borne by the latter.

• Personnel as in category (b) above whose services are employed by the Punjab Government part-time or casually, on performing Union Agency duties. For their services the Union Government usually pays an agreed sum to the Punjab Government which includes leave charges.
• Personnel falling in either of the three categories given above who have from 1^st April, 1937 come under the direct control of the Union Government on resumption by them of the administrative control over certain agency functions.

3. (i) The Government employees belonging to category (a) who were recruited on or after 1^st April, 1937 would be governed, by the leave rules of the Union Government.

(ii) The Government employees falling under categories (b) and (c) (irrespective of the dates of recruitment) would remain under the leave rules of the Punjab Government and the Union Government would meet their share of leave charges as calculated under these rules.

     SECTION II 

Old Leave Rules

8.62 to 8.112.  Omitted.

 

SECTION III–

REVISED LEAVE RULES  DEFINITIONS

8.113.   In the rules in this section –

• “leave” includes earned leave, half pay leave, commuted leave, leave not due and extraordinary leave;
• “earned leave” means leave earned in respect of periods spent on duty;
• “half pay leave” means leave earned in respect of completed years of service;
• “earned leave due” means the amount of earned leave to the credit of a Government employee, calculated in the manner prescribed in rules 8.116, 8.117 and 8.133, as the case may be, diminished by the amount of earned leave taken by him under these rules;
• “Half pay leave due” means the amount of half pay leave calculated as prescribed in Rule 8.119 for the entire service diminished by the amount of half pay leave taken under these rules;
• “Commuted leave” means leave taken under, clause (c) of Rule 8.119.
• “Government employee in a permanent employ” means a Government employee who holds substantively a permanent post or holds a lien on a permanent post.
• “Completed years of service” and “one year‟s continuous service‟ means continuous service of the specified duration under the Punjab Government and includes periods spent on duty as well as on leave including extraordinary leave;
• “Military Officer” means an officer of the Armed Forces who is –

(i)   a Commissioned Officer of the Army, Navy or the Air Force; or

        (ii)  (a)  a junior commissioned officer (including an honorary

commissioned officer) or an “other rank” of the Army; or

• a Branch list officer or a rating of the Navy, or
• an air-man including a Master Warrant Officer of the Air

(x)  “Vacation Department” means a department, or part of a department, to which regular vacations are allowed, during which Government employees serving in the Department are permitted to be absent from duty.

GENERAL RULES AND CONDITIONS

8.114. Any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.

8.115. The authority which granted leave to a Government employee can commute it retrospectively into leave of a different kind which may be admissible but the Government employee concerned cannot claim it as a matter of right.

8.115-A . Omitted.

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 :–

• 1/24th of the period spent on duty, during the first 10 years of his service;
• 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 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.

• Accumulation of earned leave is permissible upto 450 days.
• Leave preparatory to retirement may be allowed upto 300 days on full pay, provided it is due.

Note 1.– Omitted.

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:–

• leave preparatory to retirement upto 300 days on full pay, if it is due; or
• earned leave upto the extent leave preparatory to retirement is admissible as in clause (i) with permission to combine it with any other kind of leave, if due.

8.117. (a) A Government employee serving in a vacation department, shall be entitled to earned leave of eight days for every completed year spent on duty:

Provided that if in any year, he is prevented from availing himself of the full vacation, earned leave shall be admissible in respect of that year in accordance with the provisions of Rule 8.116:

Provided further that if in any year, he is prevented from availing himself of a part of vacation, the earned leave proportionately admissible to him under sub-rule (b), together with earned leave of eight days admissible under this sub-rule, shall not exceed the maximum earned leave admissible under rule 8.116.

(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:–

• to a Government employee with 10 years‟ service or less;  15 days.

• to a Government employee with more than ten years service but not exceeding 20 years service; 20 days.

• to a Government employee with over 20 years service;  30 days.

(c) Vacation may be taken in combination with or in continuation of any kind of leave under the rules in this section.

8.118.  Omitted.   

       (ii) Half pay leave, commuted leave and „Leave not due‟.

8.119. (a) The half pay leave admissible to a Government employee in permanent employ in respect of each completed year of „service‟ is 20 days.

• The half pay leave due may be granted to a Government employee on medical certificate or on private affairs.
• 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 :–
• Commuted leave during the entire service shall be limited to a maximum of (240) days;
• when commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due;
• 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 15 days at a time.

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 effect 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.

(d) 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.–Omitted.

Note 3.–Omitted.

Note 4.–As for half pay leave in respect of a completed year of service during which service was rendered partly in a Group „C‟ post and partly in a Group „D‟ post, this leave will be calculated on a pro-rata basis separately in respect of Group „C‟ service or Group „D‟ service and then added up. The fraction, if any, present in the total half pay leave for the particular year will be ignored if it 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. (1) Extraordinary leave may be granted to any Government employee in special circumstances:–

• when no other leave is admissible, or
• 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, cannot be claimed by Government employee as a matter of right.

Note 2.–The concession admissible under clause (2) cannot 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 31^st 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 31^st 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 11^th 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.

• 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)
• An officer on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).
• An officer on extraordinary leave is not entitled to any leave salary.
• 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.
• Leave salary up to one month may be allowed in advance to all Government employees proceeding on earned leave subject to the following conditions:–
• No advance may be granted when the leave taken is less than thirty days;
• 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, contribution towards New Defined Contributory Pension Scheme, house rent, repayment of advances etc.;
• The advance should be adjusted in full in the leave salary bill in respect of the leave availed of where the advance cannot be adjusted in full, the balance should be recovered from the next payment of pay or and leave salary;
• The advance may be sanctioned by the Head of office or by any other subordinate officer to whom the power may be specially delegated, to all Government employees irrespective of the Group of Service to which they belong. Officers who are Heads of Offices may sanction the advances themselves;
• 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 by the Drawing & Disbursing Officer.
• Advances shall be sanctioned in whole rupee.

(8) If a 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 300 days in entire service, shall be paid to his family.

 Note.– During re-employment after retirement from pensionable service, if pension of a Government is allowed to be drawn separately, a suitable reduction being made in the re-employed pay, his leave salary during the period of earned leave or half pay leave or commuted  leave, shall  be  based  on the net re-employed pay  i.e. exclusive of the pension and

he shall continue  to  draw  the pension separately in addition. The pension shall continue to be drawn by him during the period of extraordinary leave also.

8.123. Omitted.

 ADDITIONAL KIND OF LEAVE IN SPECIAL CIRCUMSTANCES

  (i)  Special Disability Leave

8.124. Subject to the conditions in clauses hereunder:–

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

A competent authority may grant special disability leave to a Government employee who is disabled by injury intentionally inflicted or caused in or in consequence of, due performance of his official duties or in consequence of his official position, as follows:–

• Such leave shall be 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.
• 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.
• 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:–

• The disability if due to disease must be certified by the Authorised Medical Attendant of the Government employee concerned to be directly due to the performance of the particular duty;
• 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;
• 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
• The amount of special disability leave granted on full pay shall be less than 120 days.

                                                 (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.

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 included under the Medical Termination of Pregnancy Act, 1971, subject to the conditions that the leave does not exceed six weeks and the application for leave is supported by a certificate from a registered medical practitioner specified in rule 8.13 and, in case of doubt, certificate of a Principal Medical Officer or Assistant to a Civil Surgeon or Senior 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.

Note 3.–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.

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.

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

           Note 2.–Omitted.

 

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 Group „D‟ Government employee and such Group „C‟ 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(1) (d) of the said Act.

Note 2.–Industrial and work-charged 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 Senior Medical 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.

• equal to leave salary while on earned leave, for the first 120 days of any period of such leave; and
• equal to leave salary during half pay leave, for the remaining period of any such leave.
  • (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. (iv) Paternity Leave
  • (1) A male Government employee having less than two surviving children, may be granted Paternity Leave upto a maximum of 15 days (after commuting half pay leave of 30 days).

 

• Such leave shall be admissible during the confinement of his wife for childbirth, i.e. upto 15 days before or upto 15 days after the date of delivery of the child.
• During the period of such leave, the Government employee shall be entitled to leave salary equal to the pay drawn immediately before proceeding on leave.

    Note. – Paternity leave shall not normally be refused.

(v)  Adoption Leave

8.128-A. Adoption leave may be granted to a woman Government employee, who does not have her own children and adopts a newly born child. Such leave shall be granted subject to the following conditions: _–

• the adoption should be valid under the law;
• the leave shall commence from the date of adoption of the child and shall be granted for a period up to three months or till such day the child is three months old, whichever is earlier;
• during the period of such leave, the Government employee shall be entitled to leave salary equal to the pay drawn immediately before proceeding on leave; and
• adoption leave shall not be debited to the leave account of the Government employee.

(vi)  Child Care Leave

8.128-B. (1) Subject to the provisions of this rule a woman Government employee having minor children below the age of eighteen years, may be granted Child Care Leave for a maximum period of one year (i.e. 365 days) during her entire service for taking care of two eldest surviving children, whether for rearing or to look after any of their needs such as examination, sickness and the like, on production of a documentary proof.

• Such leave may be granted in more than one spells, but it shall not be granted in more than three spells in a calendar year. However, it shall not be granted for a period of less than fifteen days.
• The grant of leave under this rule shall be subject to the provisions of rule 8.15. If the exigencies of public service so require, the authority empowered to grant leave, may refuse to sanction leave to a Government employee or may cancel the leave already sanctioned in any case.
• Child Care Leave shall be sanctioned as in the case of earned leave and no Government employee shall proceed on such leave without obtaining prior approval of the competent authority.
• Child Care Leave shall not be granted under any circumstances to a Government employee, who remains on an unauthorised absence from duty and applies for it.
• During the period of such leave, the Government employee shall be entitled to leave salary equal to the pay drawn immediately before proceeding on leave.
• This Leave shall not be debited against the regular leave account of the Government employee. However, a separate Leave Account for this Leave shall be maintained in a proforma, as may be specified and the entries relating to this Leave shall be made in the Service Book of the concerned employee.
• Child Care Leave shall not be sanctioned in the case of a woman Government employee,–
  • against whom a disciplinary proceeding has been instituted or who is    under suspension; or
  • who is under probation period:

Provided that an authority empowered to grant leave may grant leave to such a Government employee after considering a medical certificate, countersigned by a medical authority not below the rank of Civil Surgeon, to the effect that the minor child is suffering from some serious ailment which warrants mother‟s immediate personal care; or

• who has been appointed on daily wages, work-charged or contract basis.

• Leave already availed or being availed of by a Government employee shall, under no circumstances, be converted into Child Care Leave.

Clarification._–(i) Child Care Leave in connection with the examination or illness of a minor child living abroad, shall be sanctioned on the basis of a certificate issued  in  this  regard  by  the  concerned  educational institution  or  by an authorised doctor, as the case may be. The woman Government employee, who avails Child Care Leave in respect of a minor child living abroad, shall have to comply with all the rules/instructions for proceeding on ex-India leave and eighty per cent period of such leave shall have to be spent in the country where the child is living;

• before Child Care Leave is sanctioned relating to the examination of a minor child, who lives in a hostel in India or abroad, the Government employee shall have to clarify how the needs of such a minor child will be looked after by her;
• Leave Travel Concession shall not be permitted  during Child  Care Leave; and

 

(iv)  a spell, which begins during a calendar year and ends in the next calendar year, shall be deemed as a spell pertaining to the calendar year in which the spell begins.

8.129.  Omitted.

          8.129-A. Notwithstanding anything 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:–

• (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.

• 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.
• 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 is 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–

• (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 1/12^th 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;

• 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.

 

 

LEAVE TO GOVERNMENT EMPLOYEES

ON DEPUTATION OUT OF INDIA

8.130.  Unless the competent authority in any case otherwise directs, the following provisions apply to Government employees placed on deputation out of India, if the period of the deputation exceeds one year :–

• The period of deputation shall not count as duty for the purpose of this chapter.
• The amount of leave which can be earned by the deputation shall be determined by the competent authority. Such leave can only be taken during the period of deputation and will not be credited or debited in the Government employee‟s leave account. Leave salary during such leave shall be equal to the rate of deputation pay:

Provided that where a deputation originally sanctioned for one year or less is subsequently extended so that the total period exceeds one year, these provisions shall apply only in respect of the period in excess of one year.

PART B–LEAVE TO PROBATIONERS AND APPRENTICES

LEAVE TO PROBATIONERS

8.131. During the period of probation, a probationer is entitled to leave as follows:–

(1)  If appointed under contract, to such leave as is prescribed in his contract; or

(2)   (i)  if there be no such prescription in the contract or

(ii) if appointed otherwise, to such leave as would be admissible to him under the leave rules which would be applicable to him if he held his post substantively otherwise than on probation. If for any reason it is       proposed to terminate the services of a probationer, any leave which may be granted to him should not extend beyond the date on which the probationary period as already sanctioned or extended expires, or any earlier date on which his services are terminated by the order of an authority competent to appoint him.

Note.–See also rule 8.58.

LEAVE TO APPRENTICES

8.132. During the period of apprenticeship, an apprentice is entitled to leave as follows: –

  (1)  if appointed under contract, to such leave as is prescribed in his contract; or

 

(2)  (i)  if there be no such prescription in the contract; or

(ii)  if appointed otherwise;

• to leave on medical certificate on leave salary equivalent to half of the pay on the last day of duty prior to commencement of leave for a period not exceeding one month in any year of apprenticeship if the period of apprenticeship is less than one year, proportionate leave will be admissible, viz. for Nine/Six/Three months, period of apprenticeship, leave admissible will be twenty-one/fifteen/seven days, respectively; and
• to extraordinary leave under rules 8.121.

Note 1.–See also rule 8.58.

 Note 2.–This rule has reference to leave earned or taken during the apprentice period only and not afterwards.  See also rule 2.16 (a) (1).

 Note 3.–Paid candidates will be treated as apprentices for the purpose of this rule.

 Note 4.–The  leave  at  the  credit  of  a  Government  employee  on  the  date  of  his appointment as an apprentice under Punjab Government should not lapse but may be allowed to be carried forward on his appointment to a post under Punjab Government on the expiry of the period of apprenticeship.

PART C–LEAVE EARNED BY TEMPORARY AND OFFICIATING SERVICE, SERVICE WHICH IS NOT CONTINUOUS AND PART TIME SERVICE OR SERVICE REMUNERATED WHOLLY OR PARTIALLY BY THE PAYMENT OF HONORARIA ON DAILY WAGES.

LEAVE TO GOVERNMENT EMPLOYEES NOT

IN PERMANENT EMPLOY

(i) Earned leave, half pay leave, commuted leave and „Leave not due‟

8.133. The provisions of rules 8.116 to 8.119 apply also to a Government employee not in permanent employ, provided that–

• no half pay leave shall be granted unless the authority competent to sanction leave has reason to believe that the officer will return to duty on its expiry ; and
• leave not due for a period not exceeding 360 days during the entire service shall not be granted to such an employee unless he is suffering from T.B., Leprosy, Cancer or mental illness and the following conditions are fulfilled:–
• that the Government employee has put in a minimum of one year‟s service;
• that the post from which the Government employee proceeds on leave is likely to last till his return to duty; and
• the request for the grant of such leave is supported by a medical certificate of the authorised Medical Attendant.
  • No leave is admissible to temporary establishment paid from contingencies on contingent bills. Such establishment may, however, be allowed extraordinary leave under rule 8.137.

(ii) Extraordinary Leave

8.137.  The provisions of rule 8.121 shall also apply to a Government employee not in permanent employment but the period of extraordinary leave on any one

occasion does not exceed –

• two years in the case of a Government employee who has been in continuous Government service for a period exceeding one year; and
• one year in the case of a Government employee whose service is less than one year.

Note 1.–Where a Government employee, who is not a permanent employee, fails to resume duty on the expiry of the maximum period of extraordinary leave granted to him or where such a Government employee who is granted a lesser amount of extraordinary leave than the maximum amount admissible, remains absent from duty for any period which together with the extraordinary leave granted exceeds the limit up to which he could have been granted such leave under this rule, he shall be liable to be  removed from service in accordance with  the procedure laid down in the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

                                        Note 2.–The period of extraordinary leave when separated by a spell of vacation will be treated as one continuous spell of extraordinary leave for applying the limits specified in this rule.

• Maternity Leave

8.137-A. The provisions of rule 8.127(a) and 8.127 (b), shall apply also to a Government employee not in permanent employ.

8.137-B.  Omitted.   

• Special Disability Leave

8.137-C. The provisions of rules 8.124 and 8.125 apply mutatis mutandis to temporary and officiating Government employees whose leave is regulated by the rules in this part.

• Hospital Leave

8.138. (a) The competent authority under rule 8.23 of the rules may grant hospital leave to Head Constables and Constables of the Punjab Armed Police Force and Regular Police Force, Overseers and Sub-Overseers in the Punjab Mental Hospital and the Establishment of the Government Press, whose leave is regulated by the Rules in this Part.

           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(1)(d) of the said Act.

         Note 2.–Industrial and work-charged 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 Senior Medical Officer to the effect that the illness or injury was directly due to the risks incurred in the course of official duties and also that the leave recommended is necessary to effect a cure. The period of leave shall be such as may be certified by the Authorised Medical Attendant to be necessary.

• Hospital leave may be granted on leave salary equal to either pay drawn immediately before proceeding on earned leave or half pay and for such period, as the authority granting it may consider necessary.
• 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.

(vi)  Terminal Leave

8.138-A. (1) Earned leave to the extent due and admissible at a time can be granted to temporary employees (other than those employed on a contract basis) at the discretion of the sanctioning authority on the termination of service on account of retrenchment or on the abolition of posts before attaining the age of superannuation even when it has not been applied for and refused in the public interest. In all cases, however, where any notice of termination of service is required to be given under the terms  of  employment  of  the  temporary  employee  concerned, and that employee is relieved before the expiry of the notice, such notice or the unexpired portion thereof should run concurrently with the leave granted.

 

(2)  Such terminal leave may also be granted to–

• re-employed pensioners who are treated as “new entrants” in the matter of leave, subject to the condition that such pensioners will not be entitled to draw their pension during the terminal leave if the pension was held in abeyance during the period of re-employment;
• persons employed for a period exceeding one year on a contract basis in terms  of  Appendix  16  to  the  Punjab  Civil Services Rules, Volume I,

Part II.

• unqualified persons who  may  have  to vacate their temporary posts                                        to make room for qualified candidates.
• persons whose services may  have  to  be dispensed with, as  a  matter                  of administrative  convenience as  an  alternative  to  the  initiation of disciplinary proceedings against them.

Note 1.–This rule shall not apply to apprentices and persons in non-continuous employment of Government who will continue to be governed by the normal rules applicable to them.

Note 2.–Terminal leave under this rule will not be admissible in the following circumstances:–

• where the employee concerned has been dismissed or removed from service, or where service is terminated in the interest of national security ; or
• where the employee concerned resigns his post of his own volition unless the resignation is for reason of ill-health or for other reasons beyond his control. Leave not exceeding half the amount of earned leave which the Government employee concerned can avail of at a time may, however, at the discretion of the sanctioning authority, be allowed in this case;
• where the services of a temporary Government employee are lent by commercial concerns or semi-Government organisations on terms which include the payment of leave salary contribution, the grant of leave on termination of the employment under Government will in such cases, be at the cost and within the discretion of the parent employer.

Note 3.–It will not be necessary to extend the temporary post to cover the period of the leave granted to a Government employee at the end of his temporary employment.

Note 4.–Retrenched Government employees who are re-employed either in their own or another  department  on or before the expiry of their terminal leave with no break in service are to be deemed to be in continuous Government service and allowed the benefit of their previous service for calculating casual and earned leave due to them on their re-employment.

Note 5.– Omitted.

Note 6.–A temporary Government employee continues in service during that part of terminal leave only which runs concurrently with the notice period and ceases to be a Government service on the expiry of the notice period, the leave to the extent it goes beyond the notice period being treated as a terminal benefit only.

          (vii)  Leave beyond the date of retirement and encashment of leave

8.139. The provisions of rule 8.21 apply mutatis mutandis to temporary and officiating Government employees whose leave is regulated by the rules in this Part.

  (viii) Leave Salary

8.140. The provisions of rule 8.122 shall apply mutatis mutandis in the case of a Government employee governed by the rules in this part.

Note.– Omitted.

LEAVE ADMISSIBLE TO PART TIME GOVERNMENT EMPLOYEES AND

GOVERNMENT EMPLOYEES WHOSE SERVICE IS NOT CONTINUOUS

  LAW OFFICERS

(i)  Assistant Legal Remembrancers

8.141.  An Assistant Legal Remembrancer whose pay is fixed at a definite rate but his whole-time is not retained for the service of Government, may be granted leave as follows:–

• Leave on full pay during the vacation of the High Court; provided that no extra expense is hereby caused to Government; such leave will be counted as duty.
• Leave on half pay for not more than six months once only in his service after six years of duty.
• On medical certificate leave on half pay up to the maximum of 12 months during whole service. When the maximum of 12 months is exhausted, further leave on medical certificate not exceeding 6 months in all may be granted in exceptional cases on the recommendation of a medical board.
• On the conditions prescribed in rule 8.121 extraordinary leave.

Note.–Leave under any one of the clauses of this rule may be combined with leave under other clause.

                          (ii)  District Attorneys and Government Pleaders

8.142. (a) (1) District Attorneys will ordinarily be permitted to absent themselves from their duties during the period for which the court of the Sessions Judge is closed for the summer vacation, upto a maximum of one month if the State of work permits; but such permission may be withdrawn by the Director of Prosecution and Litigation when the work so requires.  In these cases, it should not be necessary to appoint any other person to perform the duties of the District Attorney, who will be permitted to draw his consolidated monthly fees for the period of his absence.

• When a District Attorney is refused permission to absent himself from duty during the period of the Sessions Court‟s vacation, he may, with the sanction of Government, be permitted to absent himself from duty at some other time of the year for a period not exceeding one month, during which time he will continue to draw his consolidated monthly fees.
• Apart from the concession in clause (2) a District Attorney may be permitted by the Director of Prosecution and Litigation to absent himself from his  duties at any time of the year up to a period of three months, or for a longer period with the sanction of the Government, during which time he will not be entitled to any remuneration other than that provided in clause (6) below.
• During the absence from duty of a District Attorney under the provisions of any of the above clauses arrangements may be made by the Director of Prosecution and Litigation for the discharge of his duties by another legal practitioner. The Director of Prosecution and Litigation may engage a private practitioner either on fees for individual cases at the rates fixed by Government for the employment of private practitioners for criminal case work or on consolidated fees not exceeding the monthly rate fixed by the Government, whichever alternative is in the opinion of the Director of Prosecution & Litigation most economical and conducive to efficiency. Such appointments will be made by the Director of Prosecution and Litigation in consultation with the local authorities.
• If no suitable legal practitioner is willing to do the work on the monthly rate fixed by the Government or if the appointment of a private practitioner on fees does not appear appropriate or economical, the Deputy Commissioner should refer the matter with his recommendations to the Director of Prosecution & Litigation for the orders of Government.
• If the period of absence (other than any period during which the District Attorney is entitled to draw full fees) does not exceed one month, the District Attorney may be allowed to draw the difference, if any, between the rate fixed for his fees and the sum paid to his substitute or substitutes.

(7)  When the same District Attorney is attached to more districts than one, the Deputy Commissioner of each district concerned must be consulted.

(b) (i) Government Pleaders must arrange that their services are available at all times, other than the period of the vacation fixed for subordinate civil courts, unless permission of absence has been given.

(ii) Government Pleaders who are not District Attorneys may be given permission of absence at any time of the year; provided that they can be spared.  Such permission must be obtained from the Director of Prosecution & Litigation through the Deputy Commissioner.

Editor and Reporters of the Indian Law Reports

8.143. The Editor and Reporters engaged in the production of the Indian Law Reports (Punjab Series) who are part-time Government employees earn leave upto 1/12^th of the period spent on duty. They can be granted leave up to the maximum of 120 days at any one time and will be allowed leave salary equal to the pay on the day before the leave commences; provided no extra expense is thereby caused to

Government.

Departmental Sub-Registrar

8.144. Subject to the deduction of the amount of leave actually enjoyed from the amount of leave which has been earned a Departmental Sub-Registrar may be granted leave as follows:–

• Leave with pay–

(a)  Leave on full pay not exceeding one year in the whole of his service  upto 1/12^th of the period spent on duty subject to the conditions that–

• Leave earned cannot at any one time be granted to an extent greater than 120 days; and
• Of leave so granted 1½ months will be leave without medical certificate and the rest on medical certificate.

(b)  Leave on medical certificate on half pay for not more than six months during his service after the completion of six years of duty.

• Leave without pay–
  • without medical certificate, for a period not exceeding one year during the whole of his service; a Sub-Registrar who is also a member  of  the  Union  Parliament  or  States  Legislature  may  in  addition be granted leave for the period he actually attends the meetings of such Parliament or Legislature or of its Sub-Committee.
  • On medical certificate, without any limit.
• Any combination of leave under clauses (i) (a), (i) (b) and (ii) (a), (ii) (b); provided that no combination under clauses (i) (a), (i) (b) and (ii) (a) at any one time exceeds one year.

       LEAVE ADMISSIBLE TO GOVERNMENT EMPLOYEES REMUNERATED

WHOLLY OR PARTIALLY BY THE PAYMENT OF HONORARIA OR DAILY WAGES

• A Government employee remunerated by honoraria may be granted leave on the terms laid down in rule 8.141; provided that he makes satisfactory arrangements for the performance of his duties that no extra expense is caused to Government and that during leave of the kind contemplated by clause (b) of rule 8.141, the whole of the honoraria are paid to the person who officiates in his post.
• Leave to –

• A section-writer or a temporary press employee, paid under the piece work system, or a daily labourer, employed in the Public Works Department, if granted leave, is not entitled to any leave salary whatever during his absence.
• Labourers employed on a daily wages in Government workshops, powerhouses, quarries; electric sub-stations and other similar institutions, or on demolition of buildings, or on blasting operations or roads, or on a power line, a telephone line, a haulageway in the Public Works Department, who are injured while on duty, may be granted leave while under medical treatment for the injury; provided that the injury is directly due to risks incurred in the course of their official duties. The total amount of such leave in any one term of 3 years shall not exceed six months, full wages being allowed for the first three months and half wages thereafter         inclusive of compensation under the Workmen‟s Compensation Act, where such compensation is payable.

LEAVE  RULES  APPLICABLE TO  PERMANENT SALARIED

INDUSTRIAL EMPLOYEES IN THE PUNJAB GOVERNMENT  GROUP “C” AND GROUP “D”

• (1) Leave to permanent Group “C” and Group “D” salaried industrial employees shall be admissible in accordance with the provisions of Rule 8.116.
• The half pay leave admissible to an employee in respect of each completed year of service is 20 days and will be accumulative. The half pay leave due may be granted to an employee on medical certificate or on private affairs.
• Leave without pay may be granted when no other leave is admissible.
• The provisions of rule 8.119 (c) and (d) apply to Government employees whose leave is regulated by the rules in this part except that leave not due will be granted only on medical certificate.
• Injury leave at half pay rates may be granted to a permanent salaried industrial employee, below the grade of Overseer or General Foreman who is injured in circumstances which would have given rise to a claim for compensation under the Workmen‟s Compensation Act, 1923 (VIII of 1923), if he had been a workman as defined therein, whether or not proviso (a) to sub-section (1) of section 3 of that Act is applicable. In the case of workers who are declared to be suffering from lead poisoning by certifying Surgeon, injury leave will be admissible on full pay. Such leave shall not be deemed to be leave on medical certificate for the purpose of clause (2). It shall be granted from the commencement of disablement for so long as is necessary subject to a limit of two years for any one disability and a limit of five years during an employee‟s total service including service, if any, on the piece establishment. The salary payable in respect of a period of leave granted under this rule shall in the case of an employee to whom the provisions of the Workmen‟s Compensation Act, 1923, (VIII of 1923), apply be reduced by the amount of compensation paid under clause (d) of sub-section (1) of section 4 of that Act.

Note.–The expression “pay” in this rule means the pay on the day before the leave commences.

LEAVE     RULES     APPLICABLE     TO     OFFICIATING TEMPORARY INDUSTRIAL EMPLOYEES OF PUNJAB GOVERNMENT PRESS, GROUP

“C” and GROUP “D”.

8.149. (1) The competent authority under rule 8.23 of these rules may grant hospital leave to a Group „D‟ Government employee and such Group „C‟ Government employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drug 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 person 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(1)(d) of the said Act.

Note 2.–Industrial and Work-charged 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 Senior Medical Officer to the effect that the illness or injury was directly due to risks incurred in the course of official duties and also that the leave recommended is necessary to effect a cure. The period of the leave shall be such as may be certified by the Authorised Medical Attendant to be necessary.

8.149. (2) Hospital leave may be granted on leave salary equal to either pay drawn immediately before proceeding on earned leave or half pay and for such period as the authority granting it may consider necessary.

8.149. (3) 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.

8.149. (4) Provisions of sub-rules (a), (b) and (c) of rule 8.119, rule 8.137 and sub-rule (1) of rule 8.148 ibid shall apply mutatis mutandis.