THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

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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
SECTION V—Leave Salary.87. Subject to the conditions in Rules 81, 88, 89, 90 and 91, a Government servant on leaveshall, during leave, draw leave-salary as follows:(a) if the leave is due, leave salary equal to average pay or to half average pay or toaverage pay during a portion of the leave and half average pay during the remainder as he mayelect; and(b) if the leave is not due, leave-salary equal to half average pay:Provided that when a Group C and D Government servant takes leave and(i) his pay is less than Rs. 300, or(ii) the leave taken does not exceed one month, his “average pay” for the purpose ofthis rule may be taken to be “the pay which he would draw” in the permanent post heldsubstantively by him at the time of taking leave, if this pay be more than the average pay:Provided further that in the case of a Government servant to whom the Employees StateInsurance Act, 1948 (Central Act XXXIV of 1948) applies, leave salary admissible during leaveother than leave on average pay shall be reduced by the amount of benefit admissible underthe said Act for the corresponding period.(G.O. Ms. No.887, Finance, dated 11th August 1965.)Note.—Government servants in Basic service taking leave on medical certificate for leprosy ortuberculosis treatment will be permitted to draw leave salary equal to average pay for a period notexceeding six months subject to the conditions that the Government servant produces a certificatefrom the medical officer in charge of a recognised leprosy or tuberculosis treatment centre to theeffect that he has undergone regular treatment during the month for which the leave salary is claimed.A Government servant in Basic Service suffering from tuberculosis, who is on the waiting list foradmission to a recognised tuberculosis treatment centre, shall be eligible for leave salary under theforegoing paragraph on the production of a certificate from the official medical attendant or theSuperintedent of the Government Headquarters Hospital in which he is kept, stating that he wouldhave been treated as an in-patient in such centre if accommodation had been available therein.RULINGS.Election of leave salary.(1) Rule 87 (a) provides that a Government servant on leave shall during leave, if the leave is due,draw leave-salary equal to average pay or to half average pay or to average pay during a portion ofthe leave and half pay during the remainder as he may effect.The election given by the above rule is the election between the three different forms of leavesalarymentioned therein and the rule is not intended to give any choice as to the period during whichaverage pay or half average pay can be drawn if the officer elects the third form. In that case theintention is that the period of average pay should be taken first and should be succeeded by theperiod on half average pay.(G.I.,F.D. No.604, C.S.R., dated the 26th April 1924, with the Comptroller and Autditor-General’sEndt., No.332-A/30-24, dated 20th May 1924.)Leave Salary of Group C and D Government Servants taking leave from Group A and B posts.(2) The proviso to this rule applies only to Government servants proceeding on leave from GroupC and D posts. The leave-salary of a Government servant holding a post in Group C and Dsubstantively and proceeding on leave from a post in Group A and B after officiating in it for sometime should be regulated by the main rule itself, i.e., the leave salary should be based on the averagepay earned during the proceding twelve months.(G.I.F.D. No.F.175, C.S.R.25, dated 11th July 1925.)(3) Scope of the first proviso to Rule 87 in the case of non-gazetted Government servants onforeign service—131
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THE FUNDAMENTAL RULES OF THETAMIL N
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any person or class of persons, the
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(b) Government may issue orders, de
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They may be granted daily allowance
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Note.-The “Compensation Allowance
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RULINGS(i) A supernumerary post is
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production of such certificate and
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(9) In the Revenue Department where
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(b) Government may, at its option,
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Delegation under Rule 14-B.A head o
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9 Bore Well Foreman 2 days10. Sub-A
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PART III.CHAPTER IV-PAY.19. (1) The
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(4) Re-employed pensioners who are
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21. Time Scale Pay.—Rules 22 to 2
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in that rule be held to include his
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(13) Note under Fundamental Rule 22
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(26) The pay of a Government servan
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(ii) a permanent or temporary post
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Explanation 1.—Where a Government
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(7) In cases where a Deputy Secreta
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the posts. In such cases, the ‘pe
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should state definitely the period
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Engineers, Executive Engineers and
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Note 3.—The Examiner of Local Fun
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Definition of War Service.(a) Servi
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Normal date of subsequent increment
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Provided that on and with effect fr
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(3) The intention of Rule 26(c) is
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fixed with reference to ruling (4)
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"Provided that in case of Governmen
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Selection Grade Steno-Typist, grade
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imposition of the penalty provided
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Fixation of initial pay of a Govern
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No allowance is admissible in the c
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For the purpose of this Instruction
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When there is any difference of opi
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available for him, shall be charged
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(c) the annual estimated charges fo
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higher scales of pay, their enhance
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Page 83 and 84: (b) Honoraria.—Government may gra
Page 85 and 86: Note 4.— The above Instruction do
Page 87 and 88: 4. If the invention is made in the
Page 89 and 90: RULINGS.Interpretation of the term
Page 91 and 92: The reason for the non-grant of add
Page 93 and 94: (2) In the case of Government serva
Page 95 and 96: in addition, such compensatory allo
Page 97 and 98: As regards recovery of overpayments
Page 99 and 100: (5) In a case falling under sub-rul
Page 101 and 102: (7) In a case falling under sub-rul
Page 103 and 104: If no order is passed directing tha
Page 105 and 106: service for the purpose of Pensiona
Page 107 and 108: For the Government servantsin the T
Page 109 and 110: Leave terms for Contract Officers.T
Page 111 and 112: 68. Leave ordinarily begins on the
Page 113 and 114: (2) No Government servant belonging
Page 115 and 116: Section IV—Grant of Leave.76. A l
Page 117 and 118: (d) The maximum period of continuou
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Page 121 and 122: (c) Medical and Forest Officers sol
Page 123 and 124: Combination of leave with vacation.
Page 125 and 126: duepromptitude in bringing it to no
Page 127 and 128: (5) The Government servants, who ar
Page 129: (2) ascertained in writing from the
Page 133 and 134: Interpretation of the words “at t
Page 135 and 136: calculated after taking into accoun
Page 137 and 138: provisions should have completed on
Page 139 and 140: 4. If the detention in hospital was
Page 141 and 142: not an interruption of duty for the
Page 143 and 144: RULINGS.Leave to an apprentice.(1)
Page 145 and 146: (5) The joining time admissible to
Page 147 and 148: (b) When such extension is consider
Page 149 and 150: (4) Transfers which do not involve
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Page 153 and 154: PART V.CHAPTER XII—FOREIGN SERVIC
Page 155 and 156: (xvii) “The Collectors of the con
Page 157 and 158: 113. A Government servant transferr
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Page 161 and 162: (ii) If a deputationistopts forthe
Page 163 and 164: The deputationists are permitted to
Page 165 and 166: particular remuneration or concessi
Page 167 and 168: Government and if he avails himself
Page 169 and 170: Explanation 2.—The rate of contri
Page 171 and 172: Tamil Nadu Animal Husbandry Service
Page 173 and 174: efore his retirement, has to be tak
Page 175 and 176: 120. A Government servant in foreig
Page 177 and 178: 126. When a Government servant reve
Page 179 and 180: (8) In the case of establishments c
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(20) In the case of establishments
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Commissioner forRevenueAdministrati
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7 General trainingprior to confirma
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2 Training in thePolice RecruitsSch
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in the Police Radiobranch.(v) Lance
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4 Girl Guide Training Women officer
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10 Auxiliary CadetCorps periodspent
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16 Training in DentalSurgeryDo.Do.1
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23 Orientationtraining at theOrient
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Authorities in thecase of SanitaryI
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4 Training in the FireFighting at t
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undergoing thetraining will beeligi
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8. Period ofattachment of CivilOffi
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Training College,Madras.(G.O. Ms. N
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Chest measurement in centimeters on
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Name and rank of officer granting t
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not lower than that of an Assistant
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Form under Fundamental Rule 10.(For
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thereof, on which leave was granted
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(vi) The reference to the Medical b
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him, whether the applicant should g
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Government servants in foreign serv
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SECTION VIII-RETURN FROM LEAVE.42.
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should also invariably give necessa
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Note.—The Superintendent in charg
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Leave account ofDate of commencemen
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RULING.Where leave of the same natu
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Note.—If the break in the service
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(b) the average monthly pay plus sp
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(vi) in cases where the Govt. Serva
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compulsory leave during the period
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(2) The instructions in ruling (1)
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(1) Please see ruling (1) under Rul
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(d) Non-permanent Government servan
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RULINGS.Scope of Rule 25.(1) Govern
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(2) The initial period of such leav
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(c) A Government servant in basic s
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PART-I—EARNED LEAVEDate of commen
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PART IV—STUDY LEAVEDates Period P
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(b) The term “Fundamental Rule 85
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(i) Leave on full pay limited to on
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servant should be granted. The gran
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Government servant concerned takes
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“Special Casual Leave not exceedi
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APPENDIX II.PART I.R u l e 9 .Subsi
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(16) Demonstration Maistries, Grade
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4. Director of Agriculture .. All G
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Tribal Welfare, Director ofBackward
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of Prohibition and Excise,Commissio
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(G.O. Ms. No. 856, Personneland Adm
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(7) Power to sanction thewriting of
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eceived for the work by thesaid col
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discharge current duties of that po
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Chief Engineer (Highways) is also e
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(6) Gazetted Superintendent, Second
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51. The Director of School Educatio
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NOTE 5 : UNDER FUNDAMENTAL RULE 51.
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RULE 84.ANNEXURE.Study Leave Rules1
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India .. .. Half of the full daily
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The TableSl.No Kinds of Higher Stud
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FORM A.(See Rule 17.)Bond for perma
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FORM B.(See Rule 17.)Bond for non-p
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AND WHEREAS the said sureties have
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military training should be taken i
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appointments in the first grade. Th
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(ii) while on leave in India, Burma
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(i) For the first month—full civi
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Appointment of substitutes.—The H
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3. Extraordinary leave may be grant
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1 Pharmacist, Pharmacology Departme
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Additional remuneration to the memb
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THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

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