THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

RULINGS.Interpretation of the rule.(1) The expression “continuous absence from duty on leave for a period of 28 months” occurring inthis rule includes the period of vacation, if any, with which leave is combined, but does not includeextraordinary leave.The reason for the exclusion of extraordinary leave is that such leave is not debited against theleave account—vide Rules 85(a) while leave on quarter average salary is debited—vide Rule 78(b).(Comptroller and Auditor-General’s No.1148-A/440/23, dated 15th November 1923 and No.237-A-58/24, dated 17th March 1924.)89. (1) Omitted.(2) Except during the first four months of any period of leave on average pay, leavesalary is subject to the monthly maxima shown in the following table:—Government servantssubject to ordinaryleave rules.The Table.Average in Asia Half average in Asia Quarter Average inAsiaRs. Rs. Rs.1,500 750- 600Note.—The maximum average pay does not apply to a Government servant serving in a vacationdepartment during a period of leave on average pay equivalent to one month for each year since hislast leave during which he has not availed himself of the vacation and to proportionate fraction of amonth during which he has taken a part only of the vacation; provided that in the case of aGovernment servant, who, if transferred with leave to his credit from a non-vacation to a vacationdepartment, Government shall decide, on the first occasion on which he takes leave after suchtransfer, the period not exceeding four months for which the maximum limit of leave-salary shall notbe applied to him.RULINGS.(1) The period of leave on average pay taken before and after deputation out of India should betreated as one spell of leave for the purpose of applying the maximum limit under this rule.Application of maximum where vacation is combined with leave.(2) The intention is that when vacation is combined with leave on average pay the period ofvacation should be treated exactly at the equivalent of leave on average pay for the purposes of thisrule.(G.I., F.D., No. 1289-C.S.R., dated 10th January 1922.)(3) Note to Rule 89 is not meant to give any additional advantage but is intended to be a restrictiveexception to the main rule. A Government servant is not entitled to the concession mentioned in thatNote in addition to the concession granted in the main rule itself but only to the drawing of full pay fora period equivalent to one month for each year since last leave taken during which vacation has notbeen enjoyed.Note.—The effect of the above orders will be that officers of the vacation department will beentitled to draw full average pay without limit only for the period equivalent to one month for each yearsince the last leave taken during which vacation has not been enjoyed (subject to the limit of fourmonths) but not for any other period of leave on average pay.[Letter No. F-7 (54) R-I 37, dated 5th August 1937, from the Government of India, FinanceDepartment.](4) For the purpose of Note to Rule 89 when vacation is combined with leave, the first four monthsof leave on average pay which is exempt from the maximum limit laid down in Rule 89 should be134