THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(d) The maximum period of continuous absence from duty on leave granted otherwisethan on medical certificate is twenty-eight months. This period shall in no circumstance, beexceeded by a Government servant who is on leave preparatory to retirement.(e) When a Government servant returns from leave which was not due and which wasdebited against his leave account, no leave will become due to him until the expiration of afresh period spent on duty sufficient to earn a credit of leave equal to the period of leave whichhe took before it was due.RULINGS.Calculation of leave on average pay to officers of Vacation Departments.1. The only distinction which the Fundamental Rules make between a vacation and non-vacationofficer is that the leave account and amount of leave which can be taken on average pay have to becalculated for the former in the light of Rule 82(b) and that the waiving of the maximum limit for leavesalary is subject to the condition in Note to Rule 89. A vacation officer can be given leave on averagepay provided that the leave is at his credit and that the maximum prescribed in Rule 81 (b) calculatedwith reference to Rule 82 (b) is not exceeded. The effect of this ruling is that an officer of thevacation department who enjoys each vacation can have leave on average pay without the productionof a medical certificate to the extent of one-eleventh of duty minus one month for each year of duty ora proportionate fraction thereof if the period of duty is less than a year.2. If leave on average pay is applied for while a Government servant is enjoying leave on halfaverage pay in continuation of a period of leave on average pay, either by the production of a medicalcertificate or on proceeding out of India, Ceylon,Nepal, Burma or Pakistan the period of leave onaverage pay that may then be granted, should be similarly limited to the period actually covered bythe medical certificate or spent elsewhere than in India, Ceylon, Nepal, Burma or Pakistan. The grantof the leave should also be so regulated that the total period of leave on average pay i.e., (includingthe portion at the beginning of the leave) during that spell of leave does not exceed eight months. Insuch cases the total period of leave on average pay shall be treated as one continuous spell of leaveon average pay in order to determine whether the first four months of the leave should be treated asprivilege leave for purposes of pension.3. Special disability leave on average pay granted under clause (b) of Rule 83 (7) should be takeninto account in full, in calculating the maximum amount of leave on average pay that can be grantedto a Government servant under Rule 81 (b).(Comptroller and Auditor-General’s letter No.259-A-194-32, dated 16th November 1932 and No.68-A-194/32, dated 2nd May 1933.)4. For the purpose of determining the maximum limit of leave on average pay that may be grantedat any one time of an officer who has been suspended and whose period of suspension occursbetween two periods of leave on average pay, the effect of the latter leave being the postponement ofthe reduction of his pay the period of suspension should be ignored and the entire period of leave onaverage pay treated as one continuous spell of leave.(Letter No.T.180-A, 90-36, dated 22nd May 1936, from the Comptroller and Auditor-General to theAccountant-General, Bombay, issued with the concurrence of the Government of India.)Extent of total leave on average pay.5. The total leave on average pay without medical certificate spent in India, Ceylon, Nepal, Burmaor Pakistan should not exceed one-eleventh of the period spent on duty.The total leave on average pay taken with or without medical certificate and spent in or outsideIndia, Ceylon, Nepal, Burma or Pakistan should not exceed one-eleventh of the period spent on dutyplus one year.In both cases, leave can be granted only if there is sufficient leave in the leave account itself.(Comptroller and Auditor-General’s letter No.1136-A-390/23, dated 14th November 1923.)117