THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

calculated after taking into account the full period of the vacation so combined, even when thevacation does not fall within the first four months of any period of combined leave and vacation, inother words, the concession of drawing full average pay during leave combined with vacation shouldbe restricted to such period of leave on average pay earned by detention on duty during vacationsince last return from leave as is equal to residual period, if any, which remains after deducting theperiod of vacation from the period of four months. If, however an officer so elects, he may in thealternative, be allowed to have the full amount of leave on average pay at his credit earned bydetention on duty during vacation since his last return from leave subject to the limit of four monthsand to combine with it as much of vacation (on full pay) as would make up the total of four months, therest of the vacation being sanctioned as leave on average pay or half-average pay, as the case maybe.(Comptroller and Auditor-General’s Letter No.408-A-187/39, dated 21st September 1939.)(5) The provisions in Rules 89 and 90 apply to full-time temporary and officiating Governmentservants who have completed the periods of their probation and are awaiting admission to a serviceand part-time Government servants who held permanent appointments substantively as their leaveterms depend upon those admissible to full-time permanent Government servants. Rules 89 and 90will not, however, apply to other Government servants falling within the scope of Rules 103 and 104for whom specific leave terms have been laid down in the Instructions thereunder.(G.O. Ms. No. 486, Finance, dated 9th August 1935.)90. Subject to the condition that the leave salary of a Government servant shall in no caseexceed his average pay, leave-salary is subject to the monthly minimum shown in thefollowing table:—The TableHalf averagein Asia.Rs.Quarter averagein Asia.Rs.Government servants subject to 250 125ordinary leave rules.Note.—The minima specified above for Government servants apply only when leave is taken orextended out of India elsewhere than in Pakistan, Ceylon, Nepal or Burma.RULINGSInterpretation of the term “average pay” occurring in Rule 90 in respect of Group C and DGovernment Servants.The words “average pay “ used in Rule 90 should be interpreted in terms of Rule 9 (2) and not betaken as the pay which the non-gazetted Government servant would draw in the permanent post heldsubstantively by him at the time of taking leave, if this pay be more than the average pay.(G.I.,F.D., No.124/R-1/30 dated 10 th May, 1933)91. Unless Government by general or special order otherwise direct, leave-salary shall bedrawn in rupees in India.93. A compensatory allowance should ordinarily be drawn only by a Government servantactually on duty but Government may make rules specifying the condition under which aGovernment servant on leave may continue to draw a compensatory allowance, or a portionthereof, in addition to leave-salary. One of these conditions should be that the whole or aconsiderable part of the expense to meet which the allowance was given continues duringleave.Note: See Instructions under Fundamental Rule 44.RULING.Treatment of vacation as “leave” for the purpose of Rule 93.When vacation is combined with leave, the entire period of vacation and the leave should be takenas one spell of leave.135