THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(15) In the absence of a specific order to the contrary, the entire cost on account of the medicaland educational concessions should be recovered from the institutions concerned irrespective of thefact whether the entire or proportionate cost of the staff sanctioned under Fundamental Rule 127 iswaived.Note 1.—Foreign employers should in the case of Government servants transferred to foreign service,accept liability for leave salary in respect of disability leave granted on account of a disability incurredin and through foreign service, even though such disability manifests itself after the termination offoreign service. The leave salary charges for such leave should be recovered direct from foreignemployers, a condition to this effect being insisted in the terms of transfer to foreign service. Noadditional pension contribution shall be recovered in respect of period of disability leave.In the case of permanent Government servants lent to the Union Defence services, the Defenceservices estimates will bear the leave salary charges in respect of disability leave granted to themwhile in such services on account of disabilities incurred in and through such services, in addition tothe ordinary leave contributions at foreign service rates payable during such services excludingperiods of leave. As regards pensionary liability in respect of periods of disability leave in such caseno extra contributions will be recovered in view of the very small amounts involved.Note 2.—In the case of a Government servant in foreign service in India contribution on account ofleave salary is recoverable from the foreign employer and in return for the contribution, Governmentaccept the charges for leave salary. As the rates prescribed for such contribution have beencalculated on the basis of the leave on full and half average pay normally taken by a Governmentservant during the total period of his services and do not take into account any compensatoryallowance which may form part of leave salary as defined in Rule 9 (21), the whole expenditure inrespect of any compensatory allowance for periods of leave in or at the end of foreign service shall beborne by the foreign employer. In order to avoid any misunderstanding, it is desirable that a conditionto this effect shall be inserted in terms of transfer to foreign service.Note 3.—Date of reversion from foreign service.—In the case of a Deputy Collector whoseservices are lent to a local body and who proceeds on leave on the conclusion of his foreign service,the date on which he actually joins duty in a post under the Government shall be fixed as the date ofhis reversion from foreign service.(16) Whenever the post of a Health Officer under a Municipal Council is held in additional chargeby a Health Officer under another Municipal Council for a period not less than a month, the recoveryof contributions due from the First Municipal Council towards pay, leave salary and pension of itsHealth Officer shall be waived.(Finance Memorandum No. 41643/F.R./63-5, dated 19th August 1963.)(17) No recovery of cost and contributions towards leave salary, pension and provident fund needbe made for the periods during which the post of Municipal Commissioner under a local body isvacant. The additional pay, if any, payable to persons who are appointed to be in additional charge ofthe post of Municipal Commissioner which is vacant shall, however, be met from the funds of the localbody.(18) The cost of leave Travel Concession shall be included while calculating the average cost.[G.O. Ms. No. 185, Personnel and Administrative Reforms (FR.II) Department, dated 22nd February1985 with effect from 3rd August 1985.](19) In respect of the staff of the Co-operation Department deputed to the Co-operativeInstitutions, 80 per cent of the average cost of service of such staff shall be recovered from the CooperativeInstitutions:Provided that on and from *1-7-78, 86 per cent of the average cost of service of the staff of CooperativeInstitutions.[G.O. Ms. No. 769, Personnel and Administrative Reforms (FR. III) Dated 1st August 1985-with effectfrom 15th October 1973.]*[G.O. Ms. No. 155, P & AR (D.O. II) Department dated 24-6-1994.]180