THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

not an interruption of duty for the purpose of this Instruction. This Instruction has retrospective effectin the case of Government servants in permanent service at the time, these rules come into force.Temporary and officiating service rendered under the Government of India or any StateGovernment and followed by confirmation under the Government of Tamil Nadu without interruption ofduty will, up to the extent mentioned above, be taken into account for the purpose of the leaveaccount, provided that under the rules laid down by the other Government, such service would havecounted had the Government servant in question continued in the service of that Government withouta break of service till confirmation.Instruction under Rule 103 (b).1. Subject to the condition that the grant does not involve extra cost to Government, Law Officersand other part-time Government servants may be granted leave as follows:-If they hold permanent appointments, leave not exceeding that admissible to a full-timepermanent Government servant; andIf they hold temporary or officiating appointments, leave not exceeding that admissible to a fulltimetemporary or officiating Government servant.Note (i).—This rule does not apply to part-time service in posts held as collateral charges byofficers who have another main appointment under Government. In such a case, no leave is earned inrespect of service in the collateral posts.Note (ii).—The condition that the grant should not involve extra cost does not apply to the parttimeservices of Port Officer.2. Instruction 1 of the Maternity Leave Rules issued under Rule 101 (a) applies to womenemployed under Government at piece-rates or daily rates in permanent or quasi-permanentconcerns.RULINGS.Leave of re-employed pensioner.(1) The service of a person who is re-employed after having retired on superannuation or retiringpension should be regarded as temporary and his leave regulated by Rule 104 [Vide also ruling (1)under Rule 65 (a).](G.O. Ms. No. 641, Finance, dated 13th September 1938.)(2) A question having been raised whether it is necessary to extend the period of a temporary postso as to cover the period of leave granted to its holder after he has ceased to perform the duties ofthe post, it has been decided that an extension is expedient only in cases where the grant of leave issubject to the condition of “no expense to Government” but improper in the absence of this condition.(G.O. Ms. No. 242, Finance, dated 24th April 1933.)Extra expenses.(3) (a) The term “extra expense” occurring in Instruction 2 under Rule 103 (a) should be interpretedto mean the net extra cost to Government involved in the chain of officiating arrangements made inthe vacancy of the absentee.(b) The net extra cost to Government for the purpose of calculating the sum available forpayment to the absentee should then be worked out as shown below:—(i) Leave reserve establishments.—Sum total of enhanced officiating pay (actingallowances) granted to the Government servants in the chain of arrangements made in the vacancy ofthe absentee.(ii) Non-leave reserve establishments.—Sum total of enhanced officiating pay (actingallowances) granted to the Government servants in the chain of arrangements made in the vacancy ofthe absentee as in (i) above, plus entire pay of the substitute, that is, the pay of the outsider without asubstantive post, appointed in the last place in the chain.(G.O. Ms. No. 550, Finance, dated 3rd September 1934.)141