THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

(20) In the case of establishments created under this rule, the Dearness Pay appropriate to themaximum monthly pay of the sanctioned time scale of the post of the Government servant shall betaken into account for the recovery of pension contribution.[G.O. Ms. No. 287, P & AR (FR.SPL), dated 7th August 1991— with effect from 1st February 1975.](21) The actual costs on leave travel concession availed of by the deputationists created underFundamental Rule 127 shall be borne by the borrowing authority for whose benefits suchestablishment is created and the deputationists shall collect the amount directly from the borrowingauthority.[G.O. Ms. No. 155, P & AR (D.O.II) Department, dated 24-6-1995— with effect from 3rd July 1992.](22) While calculating the average cost, Medical allowance shall be included and recovered fromthe organisation or body for whose benefit the additional establishment was created.[G.O. Ms. No. 233, P & AR (FR.IV), dated 10th June 1996.] w.e.f 2.6.1992CHAPTER XIII—SERVICE UNDER LOCAL FUNDS.128. Government servants paid from local funds which are administered by Government aresubject to the provisions of Chapters I to XI of these rules.RULING.Employees of local funds administered by Government who are not paid from Consolidated Fundsof the State and are therefore not Government servants are subject to the provisions of Chapters I toXI of the Fundamental Rules.129. The transfer of Government servants to service under local funds which are notadministered by Government, will be regulated by rules in Chapter XII.130. Persons transferred to Government service from a local fund which is notadministered by Government will be treated as joining a first post under Government and theirprevious service will not count as duty performed, Government may, however allow previousservice in such cases to count as duty performed on such terms as it thinks fit.Instructions under Rule 130.In the case of Local Fund Servants (other than those for whom Government have undertaken tobear the leave salary in respect of previous Local Fund Services, e.g., in the case of District BoardEngineers and District Health Officers, who are transferred to Government service after 26th August1932), the local body concerned should decide at the time of the transfer of the servant whether it willbear the entire leave salary for the period of leave earned in its service, calculated on the average payof the servant at the time of proceeding on leave. If it does not agree the servant will forfeit the leaveearned under the local body. The leave account opened for the servant on admission to Governmentservice should clearly specify whether his prior local fund service counts for leave and whether thelocal body has agreed to bear the leave salary.RULINGS.Establishment of the Provincialized District Medical Officer’s Offices.(1) Except in cases in which the local bodies concerned have paid contribution towards leave andpension under Articles 802 and 805, Civil Service Regulations, the staff of the provincialized DistrictMedical Officer’s offices cannot count their previous Local Fund Service for purposes of leave andpension.(Memorandum No. 30080-I-D-2 P.H., dated 26th September 1940 and Director of Medical Services,letter R.No.2735-H, dated 12th June 1940.)Provincialized Medical Institutions — Allocation of leave salary under the Rule of Proportionsunder Articles 45 and 900, Civil Service Regulations.(2) The first four months of leave on average pay under the Fundamental Rules with or withoutmedical certificate may be treated as equivalent to privilege leave under the Civil Service Regulationsfor working out the recovery under the rule of proportions.(U.O. Note No. 11968/44-3/D-2, P.H., dated 20th April 1944.)181