THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

Unearned Leave onprivate affairs, Extraordinaryleave,Maternity leave,Hospital leave.(iv) Any sub-ordinate authority to whom powers may bedelegated subject to any conditions that may be specified inthe order of delegation.2 Earned leave notexceeding 120 daysother than leavepreparatory toretirement.If the Government servant is on foreign service,—(i) the authority which sanctioned the transfer to foreignservice.(ii) foreign employer.34Special DisabilityLeaveStudy Leave(i)Government/Administrative Department of Secretariat.(ii) heads of the department.Government/Administrative Department Of Secretariat.Rulings (1) and (2) under Rule 66 shall be omitted.(with effect from 20th September 1988.)[G.O. Ms. No. 299, Personnel and Administrative Reforms (FR. IV) Department, dated 22ndSeptember 1995.]67. Leave cannot be claimed as of right. When the exigencies of the public service sorequire, discretion to refuse or revoke leave of any description is reserved to the authorityempowered to grant it.Note.—The workers in the Government Press, Madras, who came within the purview of Chapter IV-A ofthe Factories Act, 1934, and who have completed a period of 12 months continuous service within themeaning of the Explanation to Section 49-B of the said Act, shall be allowed leave to the extent provided inSection 49-B (1) of that Act.RULINGS.Powers of competent authority to decide nature of leave.(1) A Government servant cannot be compelled against his wishes to take leave on half averagepay when leave on full average pay is admissible to him. These orders must not be interpreted asinterfering with the discretion entrusted to an authority competent to grant leave to determine whetherleave should or should not be granted.(Comptroller and Auditor-General’s letter No.588-A-72/23, dated 26th/30th April 1923 and No.153-A-70/32, dated 6th July 1932).(2) An authority empowered to grant leave has no power to interfere with the option admissible to aGovernment servant to take leave on full-average pay/earned leave or on half average pay/half payleave, as he may elect. Thus once leave is sanctioned, its nature cannot be altered by treating twoseparate spells of leave as a continuous one so as to obviate any unintended benefit being derivedfrom the rules. The deliberate or intentional evasion of leave rules can, however be checked by theleave sanctioning authorities by resort to refusal of leave under Fundamental Rule 67. Action shall betaken to ensure that all cases in which a fresh spell of leave is applied for by Government servantsafter a short interval of duty, are carefully examined with a view to see that the spirit of the rules isobserved and that the competent authorities refuse the leave by exercising the discretion vested inthem under Fundamental Rule 67, if they have reasons to believe that an attempt was being made totake undue advantage of the leave rules or to evade the spirit thereof.(Finance Memorandum No.55081/FR/59-2, dated 16th July 1959.)(3) When Government servants who have no casual leave to their credit apply for leave for a dayor two in advance, they may be granted extraordinary leave without pay and allowances only whenthey are not eligible for any other leave or on specific request by the employees. This ruling will notapply to cases where extraordinary leave is sanctioned to cover the unauthorised absence under F.R.85 (b) read with ruling (4) thereunder.(Finance Memorandum No.95031-A/F.R./63-4, dated 16th January 1964.)110