THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(2) No Government servant belonging to Groups A and B whether permanent or officiatingshall be permitted to accept any employment until his leave preparatory to retirement expiresand he enters on pension.(3) The leave salary of a Government servant permitted to take up employment underanother Government or private employer during leave shall be subject to such restrictions asGovernment may by order prescribe.RULINGS.(1) The Inspector-General of Police or the Commissioner of Police, as the case may be, iscompetent to permit members of the Madras Police Subordinate Service to accept privateemployment outside Indian Union, while on leave preparatory to retirement.(Memorandum No.35902-A-2, Home, dated 28th November 1938.)(2) Although the grant of permission to take up private employment during leave on medicalcertificate is technically covered by the provisions of Rule 69, such an arrangement is clearly contraryto the spirit of the regulations, as it is not the intention that the leave which can be obtained on thestrength of a medical certificate, should be allowed to a Government servant the state of whose healthenables him to earn a competence by private employment. Rule 69 should not, therefore, beconstrued as permitting a Government servant who avails himself of leave on medical certificate toundertake regular employment during such leave.Terms to be granted to officers on leave during leave preparatory to retirement.(3) When a Government servant, whether eligible for pension or not, who is on leave underFundamental Rule 86, is employed in any post under the State Government, he may continue to enjoyhis leave concurrently with such employment but his leave salary, which may be drawn in addition topay of the post in which he is employed, will be reduced by the amount of pension and pensionequivalent of other retirement benefits.Note.—The calculation of pension equivalent of the gratuity shall be based on the full amount of theDeath-cum-Retirement Gratuity admissible under the Tamil Nadu Liberalised Pension Rules, 1960 and noton the amount of gratuity reduced with reference to rule 5 of the Tamil Nadu Government Servants FamilyPension Rules, 1964 issued in G.O.Ms.No. 950, Finance (Pension), dated 29th July 1964.(G.O. Ms. No. 425, Finance, dated 12th April 1958.)(G.O. Ms. No. 1026, Finance, dated 18th September 1965.)No leave will be earned in respect of such period of employment during leave. During suchemployment he may also be granted dearness and compensatory allowances, if any, admissible onthe basis of pay. These allowances will neither be admissible on leave salary nor will the leave salarybe taken into account in calculating the allowances.(Finance Memo. No. 93731-FR 60-3, dated 31st October 1960.)(4) When a Government servant is permitted, during leave preparatory to retirement beforeattaining the age of superannuation or during leave under Fundamental Rule 86, to take upemployment under the Union Government or a State Government or under a private employer or localbody, his leave salary will also be restricted as in ruling (3) above.(G.O. Ms. No. 882, Finance, dated 19th July 1952.)70. All orders re-calling a Government servant to duty before the expiry of his leave shouldstate whether the return to duty is optional or compulsory. If the return is optional, theGovernment servant is entitled to no concession. If it is compulsory, he is entitled to betreated as on duty from the date on which he starts for the station to which he is ordered andto draw travelling allowance under rules made in this behalf under rule 44 for the journey butto draw until he joins his post, leave salary only.RULING.Terms to be granted to officers on leave during leave preparatory to retirement.When a Government servant who has proceeded on leave preparatory to retirement is required foremployment during such leave in any post under the State Government and he is recalled to duty withhis consent, such recall will be treated as “optional” for the purpose of Fundamental Rule 70.(G.O. Ms. No. 882, Finance, dated 19th July 1952.)113