THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

Leave terms for Contract Officers.The model terms to regulate the grant of leave to officers engaged on contract are set out inAnnexure VI.60. Leave is earned by duty only. For the purpose of this rule a period spent in foreignservice counts as duty if contribution towards leave salary is paid on account of such period.65. (a) If a Government servant, who quits the public service on compensation or invalidpension or gratuity, is re-employed and if his gratuity is thereupon refunded or his pensionheld wholly in abeyance, his past service thereby becoming pensionable on ultimateretirement he may, at the discretion of the authority sanctioning the re-employment and tosuch extent as that authority may decide, count his former service towards leave.(b) A Government servant who is dismissed or removed from the public service but isreinstated on appeal or revision is entitled to count his former service for leave.RULINGS.Leave that may be earned by a person re-employed after retirement on superannuation orretiring pension.(1) The re-employment of a person who has retired on superannuation or retiring pension isgenerally an exceptional and temporary expedient. In such cases the service of the re-employedpensioner should be regarded as temporary and his leave during the period of re-employment shouldbe regulated by the rules applicable to temporary Government servants.Previous service of re-employed pensioners for leave.(2) Officers, in receipt of pensions, re-employed cannot count their previous service for leave.(A.G.’s decision, dated 6th November 1925.)Leave to Officers whose posts are to be abolished.(3) A Government servant, who holds no lien on any other post except that which it is proposed toabolish, may be granted leave upto the amount which was admissible to him immediately before theabolition of his post but in that case the orders abolishing the post should state explicity that the postis abolished from the date on which the leave so granted terminates.(Comptroller and Auditor-General’s letter No.641-A-194/22, dated 13th September 1922.)Leave to Government Servants whose substantive posts are abolished and who holdtemporary or officiating posts.(4) In the case of Government servants, who are thrown out of permanent posts but continue tohold temporary posts or to officiate in other posts without a break, the leave earned by them whileholding the permanent posts will not lapse and can be carried forward under Instruction 3 to Rule 103and Rule 65 (a). They are not, however, eligible for the concessions admissible under Rule 81.(G.O. Ms. No. 372, Finance, dated 17th April 1923.)(5) 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 Fundamental Rules andshould therefore, constitute an “interruption of duty”. However, in cases where resignation is notdeemed as resignation in view of its being covered by Article 418 (b) of the Madras Pension Code, thebenefit of continuous service should be allowed in the matter of leave.Section II—General Conditions.66. The authorities who are empowered to grant leave to Government servants are specifiedin the table below:-TIME TABLES.No.1Kinds Of LeaveEarned leave,Unearned leave onMedical Certificate,Authority Competent To Grant Leave(i) Government/Administrative Department of Secretariat.(ii) Head of the Department.(iii) Appointing Authority.109