THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

grant of any leave between the date from which the “refusal of leave” took effect and the date ofsuperannuation should, therefore, be held to be a grant of leave against the amount originally refused.The amount of leave admissible under clause (a) after superannuation in such a case is, therefore,the amount of leave originally refused minus the amount of the “post-refusal” leave enjoyed, and thisdifference is subject to a maximum of six months.(9) Mr. X, who was due to retire on superannuation pension on 16th September 1947, applied forleave on average pay for four months from 10th February 1947 which was refused by Government inthe exigencies of public service. He again applied for three months and six days’ leave from 19thJune 1947 which was again refused by Government except for fifteen days. The officer again appliedfor the leave from 16th September 1947. The question arose whether he should be given leave on16th September 1947—(i) the amount of refused leave for three months and six days less fifteen ays, or(ii) the accumulated refused leave of four months, and three months and six days subject to amaximum of six months, or(iii) the longest of the two periods of refused leave, viz., four months.The Comptroller and Auditor-General decided that the officer can be granted after the age ofsuperannuation only the leave preparatory to retirement that was refused, viz., three months and sixdays less fifteen days availed of. The four months’ leave on average pay applied for by him was notpreparatory to retirement and hence its refusal by Government in the interest of public service doesnot entitle him to the protection of Rule 86 after of the date of superannuation.(Comptroller and Auditor-General’s U.O. No. 454/A/161/47, dated 2nd December 1947.)(10) Permission to accept private employment concurrently with leave preparatory to retirementshall not ordinarily be granted to a Government servant with a view to enabling to take up privateemployment during the period of such leave. The services of such a Government servant shall beplaced at the disposal of the private employer only on the usual foreign service terms till he/sheattains the age of superannuation. As the permission to take up private employment is only aconcession to the Government servant, the balance of the leave preparatory to retirement not availedof by him/her as a result of cancellation in order to take up private employment, shall not be deemedas constructive refusal of such leave for purposes of Fundamental Rule 86. The return to duty in suchcases has to be treated as optional for purposes of Fundamental Rule 70.(Finance Memo. No. 119194/F.R./60-3, dated 12 March 1960.)(11) The leave salary that is payable when refused leave is availed of concurrently with reemployment,shall be reduced by the amount of pension and pension equivalent of the otherretirement benefits. A Government servant shall be eligible for pension also in addition to the leavesalary as so reduced.Note.—The calculation of pension equivalent of gratuity shall be based on the full amount of thedeath-cum-retirement gratuity admissible under the Tamil Nadu Liberalised Pension Rules, 1960 andnot on the amount of gratuity reduced with reference to rule 5 of the Tamil Nadu GovernmentServants Family Pension Rules, 1964, issued in G.O.Ms.No.950, Finance (Pension), dated 29th July1964.(G.O. Ms. No. 1026, Finance, dated 16th September 1965).(12) In the officers or cadres for which regular leave reserve posts have been sanctioned, theleave reserves need not be taken to cover vacancies caused by the grant of refused leave.(Memo. No. 94463/FR/60-7, Finance, dated 9th May 1961 and G.O. Ms. No. 378, Finance, dated 6thApril 1962.)(13) Applications for leave preparatory to retirement should be made at least three months beforethe date of commencement of the leave applied for. Proposals to refuse leave under Rule 16 shall beforwarded to the Government and their orders obtained on it before the commencement of the leaveapplied for.The above condition shall not apply in the case of Government servants retiring underFundamental Rule 56(2).[G.O. Ms. No.716, Finance (F.R.I.), dated 7th July 1976.]130