THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(2) ascertained in writing from the sanctioning authority that such leave would not begranted if applied for,in either case the ground of refusal being the requirements of the public service.Instruction under Rule 86.The authority, other than the Government, competent to grant leave preparatory to retirement,shall not be competent to refuse under Rule 86, such leave shall be refused only by Government. Theleave refused under Rule 86 shall be granted by Government:Provided that the refusal of leave under Rule 86 and the grant of such refused leave to all Officers of the JudicialDepartment below the rank of District Judges shall be sanctioned by the High Court, Madras.(G.O. Ms. No. 1107, Finance, dated 3rd September 1963.)RULINGS.Application of the Rule.(1) This rule simply limits the amount of leave that may be granted to Government servants whohave reached or are about to reach the date on which they are required to retire. The kind of leaveand the leave salary are determined not by this rule but by the general rules in Rules 81 and 87. Theproviso to Rule 81 (b) should, therefore, be held to apply in cases of leave granted under Rule 86.The limit of six months laid down in Rule 86 (b) should be held to include periods of vacationprefixed or affixed to leave.(Finance Memo. No. 29025, C.S.R.,-3, dated 13th December 1935.)(2) Deleted.(3) Compulsory recall of an officer from leave preparatory to retirement should be deemed to be aconstructive refusal of the balance of leave unenjoyed for purposes of Rule 86.(G.O. Ms. No. 105, Finance, dated 4th April 1941.)(4) While the amount of the leave refused under Rule 86 (a) is fixed, the quality of that leave (i.e.,on average or half average pay) whether it is taken before or after the date of retirement or on thedate of termination of extension of service or after the date of final cessation of duties may be variedwithin the normal leave rules to the advantage of the Government servant concerned in accordancewith the leave earned and standing to his credit on the date on which he proceeds on leave prior tothe date of retirement or on the dateof termination of extension of service whenever he takes a portionof his refused leave before that date and ultimately on the date of his retirement or on the date oftermination of extension of service and no second application for leave in sufficient time and its refusalare necessary, merely to ensure this variation. Similarly, the character of any period of leave onaverage pay admissible under Rule 86 (a), original or so modified, may, if the Government servant sodesire, be converted within the quantum admissible into a portion on average and the balance on halfaverage pay.(G.O. Ms. No. 417, Finance, dated 26th April 1943.)(5) Leave sanctioned preparatory to retirement but which could not be enjoyed due to theexigencies of public service may be treated as a constructive refusal of leave for purposes of Rule 86.(Memo. No. 3879E 45—2, Revenue, dated 28th November 1945.)(6) When a Government servant who has proceeded on leave preparatory to retirement is requiredfor employment during such leave in any post under the Government, he will be recalled to duty andthe unexpired portion of his leave from the date of rejoining duty will be cancelled. The leave socancelled will be treated as leave refused under Fundamental Rule 86, and it may be granted fromthe date of retirement or on the date of termination of extension of service of the Government servant. Such recall willbe treated as “Optional” for the purposes of Fundamental Rule 70.(G.O. Ms. No. 882, Finance, dated 19th July 1952.)(7) Deleted.(8) The leave earned by the period of duty intervening between the refusal of leave pendingretirement and the date of retirement or on the date of termination of extension of service is merged inthe common pool in the leave account and forms an indistinguishable part of the total leave at creditthe whole of which, with the exception only of the net amount of leave refused, lapses under clause(a) of Rule 86 on the date of retirement, or on the date of termination of extension of service. The129