THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

Grant of leave on average pay without medical certificate in continuation of leave onaverage pay on medical certificate.6. If, under the operation of the proviso to Rule 81 (b) the maximum amount of leave on averagepay admissible at a time is increased, further leave on average pay may not be granted incontinuation, unless such leave is taken on medical certificate or is spent elsewhere than in India,Ceylon, Nepal, Burma or Pakistan-but such leave on average pay which may be taken on medicalcertificate or outside India, Ceylon, Nepal, Burma or Pakistan up to a maximum of twelve months in aGovernment servant’s whole service, if due, does not consume the leave on average pay which maybe taken without medical certificate.Note.—The maximum amount of leave on average pay admissible at a time occurring in the aboveinstruction is the leave actually at the credit of a Government servant in column 6 of the leave account orfour months, whichever is less, i.e., if a Government servant, subject to ordinary leave rules, takes leave onaverage pay against the extra one year allowed by proviso to Rule 81 (b), he cannot have an extension ofleave on average pay in India without medical certificate, unless the total period of leave on average pay islimited to the credit in column 6 of the leave account or four months, whichever is less.(C.C.A’s letter No.74-A/190-31, dated 29th March 1932.)7. (1) The maximum amount of leave on average pay, which on any particular date may begranted to a Government servant, subject to the ordinary leave rules, on medical certificate or out ofIndia, Ceylon, Nepal, Burma or Pakistan will be the sum total of the last entry in column 6 of the leaveaccount and the unspent balance of one year, limited to eight months at a time, provided that this sumtotal is covered by the period entered in column 8.(2) When such leave is debited to the leave account, it should be entered in column 11 till the limitof one year is reached and thereafter in column 10. If the leave at credit in column 7 is less than theleave entered in column 11 as indicated above, a minus entry in column 17 will arise in the sameways as when the leave in column 7 is less than the leave entered in column 14.(3) It may happen that when this minus entry is carried forward to column 7, the balance in column7 may still be minus, but this fact does not affect the question of the subsequent grant of leave onaverage pay on medical certificate or out of India, Ceylon, Nepal, Burma or Pakistan which will beregulated entirely by the conditions specified in paragraph (1) above.Treatment of leave “not due” granted to officers of vacation department.8. On the question whether a Government servant of a vacation department can get the benefit ofRule 81 (c) in addition to that conferred by Rule 82 (c), it has been ruled that, when the privilegepermitted by the latter rule is exercised, the additional leave permissible under that rule becomes“leave due” and thus acquired a character different from the “leave not due” which may be grantedunder Rule 81 (c). Leave under Rule 81 (c) and under Rule 82 (c) may be granted in conjunction.(Comptroller and Auditor-General’s letter No.648-A/172-23, dated 16th May 1928.)9. Rule 81 (c) does not prevent the grant of leave “not due” as such on the ground that theprevious leave “not due” taken has not been cleared, provided that the total period of leave “not due”does not exceed the maximum of six months in terms of average pay.The authority competent to sanction leave can, however, refuse to grant a fresh period of leave“not due” if the application for such leave is not supported by a medical certificate.(Comptroller and Auditor-General’s letter No.98-A/492-25, dated 28th January 1924.)Date from which invaliding shall take effect in the case of officers on leave “not due”10. Where officers are invalided when on leave “not due”, the date of invaliding, shall be thatfollowing the expiry of the leave already granted.11. Under G.O.No.188, P.H., dated 26th January 1926, a Government servant showing symptomsof leprosy should not at once be invalided from service but should be granted all the leave which is tohis credit to enable him to undergo the up-to-date curative treatment and he should be invalided fromservice only if after undergoing the treatment for the full period of leave to his credit he is still certified118