THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

duepromptitude in bringing it to notice. But Government, if satisfied as to the cause of thedisability, may permit leave to be granted in cases where the disability manifested itself morethan three months after the occurrence of its cause.(3) The period of leave granted shall be such as is certified by a Medical Board to benecessary. It shall not be extended except on the certificate of a Medical Board and shall in nocase, exceed 24 months.Note.—In the case of Group C and D Government servants of the Police including the Fire ServiceBranch and Excise Departments, a certificate of a Civil Surgeon shall be sufficient if the period ofleave recommended does not exceed two months.(4) Such leave may be combined with leave of any other kind.(5) Such leave may be granted more than once if the disability is aggravated or reproducedin similar circumstances at a later date, but not more than 24 months of such leave shall begranted in consequence of any one disability.(6) Such leave shall be counted as duty in calculating service for pension, and shall not,except as provided in Rule 78 (b), be debited against the leave account.(7) Leave salary during such leave shall be equal—(a) for the first four months of any period of such leave, including a period of such leavegranted under clause (5) of this rule, to average pay and(b) for the remaining period of any such leave to half average pay, or at the Governmentservant’s option, for a period not exceeding the period of average pay which would otherwisebe admissible to him, to average pay:Provided that the maxima specified in the Table in sub-rule (2) of Rule 89 shall,notwithstanding anything contained in that rule apply to the whole period of such leave andthe minima specified in the Table in Rule 90 shall apply when leave salary during such leave isequal to half average pay, subject to the conditions stated in that rule and in Note thereunder.(8) (i) In the case of a person to whom the Workmen’s Compensation Act, 1923 applies, theamount of leave salary payable under this rule shall, with effect from the 1st July 1924, bereduced by the amount of compensation payable under section 4(1)(d) of the said Act.(ii) In the case of a person to whom the Employees’ State Insurance Act, 1948 (CentralAct XXXIV of 1948) applies, the amount of leave salary payable shall be reduced by the amountof benefit admissible under the said Act, for the corresponding period.(G.O. Ms. No.877, Finance, dated 11th August 1965.)(9) The provisions of this rule apply to a civil servant disabled in consequence of servicewith a military force, if he is discharged as unfit for further military service, but is not completelyand permanently incapacitated for further civil service, and to a civil servant not sodischarged, who suffers a disability which is certified by a Medical Board to be directlyattributable to his service with a military force, but, in either case, any period of leave grantedto such a person under military rules in respect of his disability, shall be reckoned as leavegranted under this rule for the purpose of calculating the period admissible.Note.—Non-permanent Government servants governed by the Fundamental Rules may also begranted special disability leave.RULING.Intention of special disability leave.The intention of the rule is not that special disability leave should be given to cover any portion ofan officer’s military service but that it should be admissible only after the officer’s discharge as unfit forfurther military service.(G.I.,F.D., No. F 21-11,C.S.R. 24, dated 30th July 1924.)83-A. Government may extend the application of the provisions of Rule 83 to a Governmentservant, whether permanent or non-permanent, who is disabled by injury accidentally incurredin or in consequence of the due performance of his official duties or in consequence of hisofficial position or by illness incurred in the performance of any particular duty which has the125