LEAVE RULES

LEAVE ON HALF PAY 18. (a). The half pay leave admissible to a Government Servant in permanent employ in last grade service in respect of each completed year of service is 20 days. (G.O.Ms.No. 165 Finance, dated: 17-08-1967) (b). The half pay leave due may be granted to a permanent Government servant in last grade service on medical certificate or on private affairs. Note: The leave already taken as leave on medical certificate shall be debited against the leave due or admissible under this rule. 1. The maximum limit for availment of committed leave in conjunction with earned leave is removed vides G.O.Ms.No 384 Fin., Dated. 05-11-1977. The limit needs to be removed if it is availed of in conjunction with other kinds of leave also. If the leave already taken exceeds the limit prescribed under this rule, no further leave, till the excess debit is wiped off by accrual of half pay leave at the said rate shall be granted, but the leave salary already granted shall not be affected. (G.O.Ms.No. 300 Fin., Dated. 18-11-1965 and G.O.Ms.No. 143 Fin., Dated. 01-06-1968) 18-B: Omitted-Vide G.O.Ms.No. 300 Fin., dated 18-11-1965 RULING A permanent Government servant in last grade service may be granted leave on medical certificate for the treatment of tuberculosis or leprosy. Provided that a medicate certificate from the Government servant?s authorized medical attendant or the Medical Officer in-charge of a recognized sanatorium, in the case of those undergoing treatment in a recognized sanatorium, is produced. The prospect of returning to duty on the expiry of the leave should be assessed on the basis of the certificate given by the appropriate medical authority. (G.O.Ms.No. 300 Fin., dated. 18-11-1965) COMMUTTED LEAVE   18-B: Commuted leave not exceeding half the amount of half pay leave due may be granted on medical certificate to a permanent Government servant in last grade service subject to the following conditions: - (i).Commuted leave during the entire service shall be limited to a maximum of 2 (one hundred and eighty days). (ii).When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due. (iii).The total duration of earned leave and commuted leave taken in conjunction shall not exceed two hundred and forty days. Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reasons to believe that Government servant will return to duty on its expiry. Note: When commuted leave is granted to a Government Servant under this rule and when the Government servant intends to retire or resign subsequently, the commuted leave should be converted to half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave should be recovered from him. An under taking to this effect should, therefore, be taken from the Government servant whenever commuted leave is sanctioned to him. In all cases of resignation and voluntary retirement refund of excess leave salary should be enforced, while in cases where the retirement is compulsorily thrust upon him by reasons of ill-health in capacitating him for further service 1(or in public interest) 2(or when he dies before resuming his duty) on refund should be enforced. (G.O.Ms.No. 300 Fin. Dated. 18-11-1965) LEAVE NOT DUE 18-C: Save in the case of leave preparatory to retirement leave not due may be granted to a permanent Government servant in last grade service only on medical certificate for a period not exceeding 180 days during the entire service. Such leave will be debited against the half pay leave the Government servant may earn subsequently. Note (1): Leave not due should be granted only if the authority empowered to sanction leave is satisfied that there is a reasonable prospect of the Government servant returning to duty on the expiry of the leave and it should be limited to the half pay leave he is likely to earn thereafter. Note (2): Where a Government servant who has been granted leave not due under this clause applies for permission to retire voluntarily, the leave not due shall, if the permission is granted, be cancelled. Note (3): With reference to Note (2), the retirement in such cases shall have effect from the date on which such leave commenced. An undertaking to this effect should, therefore, be taken from Government servants who avail of leave not due. The question whether a Government servant should be called upon to refund the amount of leave salary should be decided on the merits of each case. E.g. if the retirement is voluntary, refund should be enforced. If it is unavoidable by reasons of ill health incapacitating him for further service, no refund need be insisted upon. It has further been decided that when leave not due is granted to Government servant under the above rule and he applies for permission to retire voluntarily or resigns of his won volition at any time after returning to duty, the question of refund of leave salary in respect of leave not due already availed of before return to duty shall, to the extent it has not been subsequently wiped off, be treated in the same way as laid down in the preceding paragraph. (G.O.Ms.No. 453 Fin Department Dated: 07-12-1971) Note (4): In cases where a Government servant who was granted -Leave not due- has to retire under ?The Premature Retirement Rules 1975? he need not be called upon to refund the leave salary for the period of- Leave not due- to the extent it could not be earned. This will not cover cases of voluntary retirement under the premature Retirement Rules 1975. (G.O.Ms.No 290 Fin. Dated: 19-11-1981) Note (5): In cases where a Government servant is compulsorily retired from service as a measure of penalty under The Andhra Pradesh Civil Service (Control, Classification and Appeal) Rules 1963, the recovery need not be insisted upon. (G.O.Ms.No 290 Fin. Dated: 19-11-1981 EXTRA ORDINARY LEAVE   19. Extra Ordinary leave may be granted to a permanent Government servant in last grade service on the same terms as for a permanent Government servant in superior service. C. NON-PERMANENT GOVERNMENT SERVANTS IN SUPERIOR OR LAST GRADE SERVICE. EARNED LEAVE 20. A non-permanent Government Servant - (a). At the rate of one-eleventh of the period spent on duty, if he is a probationer, (b). At the rate of one-eleventh of the period spent on duty, if he is employed in the x-ray or Radium Departments of Government Medical Institution or employed as a Medical Officer in a Government Tuberculosis Institution, or Sanatorium or in the Tuberculosis Department of a Government Hospital; and (c). At the rate of one-twenty second of the period spent on duty, in other cases. Provided that a person coming under sub-clause (a) school cease to earn leave when he has to his credit such leave amounting to 120 or 150 days, as the case may be, upto 31st May, 1964 and to 180 days from 1st June, 1964 and a person coming under sub-clause (b) or (c) above, shall cease to earn leave when he has to his credit such leave amounting to 30 days. (G.O.Ms.No. 11710/184/F.R1/68-1 dated. 03-09-1968) Note: Government servants referred to in rule 20 (i) who are probationers and fall under rule 20(i)(a) shall be entitled to avail compulsory leave for one month at the expiry of the period of every 11th month of duty as a probationer in the Departments and Institutions mentioned in the said rule. Their earned leave shall, for each period of compulsory leave of one month granted to them every year, be reduced by 15 days. (G.O.Ms.No. 249 Fin., Dated. 13-12-1967) (i). If he is in the last grade service, earns leave at the rate of one-twenty second of the period spent on duty, provided that he shall cease to earn leave while he has to his credit such leave amounting to 50 days, or 30 days, as the case may be, according as he is an approved probationer or not. (G.O.Ms.No. 344 Fin. Dated: 28-05-1955) Note 1: If a non-permanent Government servant is superior service is in a vacation department his earned leave shall be reduced by fifteen days for each year of duty in which he as availed himself of the vacation. If a part only of the vacation has been taken in any year, the period by which the earned leave shall be reduced shall be a fraction of fifteen days equal to the proportion which the part of the vacation taken bears to the full period of the vacation. Earned leave is not, however, admissible a last grade Government servant in vacation department, who is not in permanent employ. Note 2: A member of the operation subordinate service or construction subordinate service, when appointed to a post in the state cadre on probation or under emergency provisions shall earn leave at the rate of one-eleventh of the period spent on duty. (G.O.Ms.No. 1907 Fin date 31-07-1960 RULING: When a Government servant is appointed temporarily in the first instance and placed on probation at a subsequent date with retrospective effect, his leave account shall be recast with effect from the date of retrospective regularization of his service, but the leave already availed of between that date and the date of issue of orders regarding placing him on probation with retrospective effect (or the date of return from leave, if he was on leave on the latter date) shall not be altered in any manner and any additional leave that becomes due as result of recasting of the leave account shall be availed of only after the latter date. (G.O.Ms.No. 250 Fin. dated. 13-12-1967.) 21. The amount of leave due is the amount of earned leave diminished by (a). The amount of earned leave which has been taken; and (b). One-half of the amount of special disability leave taken on full pay under Fundamental rule 83 (7)(b). 22. The maximum amount of earned leave that may be granted at a time to a temporary Government servant shall be: - (a). 120 days if he is a probationer is superior service: (b). 50 days if he is a probationer in last grade service: and (c). 30 days in other cases. 22-A. Vacation may be availed of in combination with or in continuation of any kind of leave admissible under these rules: Provided that the total duration of vacation and earned leave taken in conjunction, whether such earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the limit prescribed in rule 22(a) or (b) or (c) as the case may be Provided further that the total duration of vacation, earned leave and half pay leave commuted on medical certificate and/or half pay leave shall not exceed 180 days. (G.O.Ms.No.143, Fin., Dated 1.6.1968, Govt., Memo. No. 17182/467/F.RI/66-B, Dated 12.8.1968) HALF PAY LEAVE 23.(a) (i) A temporary Government servant in superior service/last grade service is entitled to half pay leave at the rate of 20 days for each completed year of service. He may avail this leave only on medial certificate and after 20 years of service/One year of service. He may commute half the amount of half pay leave due, on medical certificate, when commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due. The total duration of earned leave and commuted leave taken in conjuction shall not exceed 180 days. Provided that no commuted leave may be granted under this rule unless the authority competent to sanction leave has reason to believe that the Government servant will return to duty on its expiry. Note: When commuted leave is granted and when he intends to retire of resign subsequently, the commuted leave should be converted to half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave should be recovered from him. An undertaking should, therefore, be taken from the Government servant whenever commuted leave is sanctioned to him. In call cases of resignation and voluntary retirement refund of excess leave salary should be enforced, while in cases where retirements is compulsorily thrust upon him by reasons of ill-health incapacitating him from further service, no refund should be enforced. (G.O.Ms.No. 143 Finance, dated: 01-06-1968) EXTRA ORDINARY LEAVE (EOL) 23(a) (ii), In the case of non-permanent Government servants, the duration of extra-ordinary leave on any one occasion, shall not exceed the following limits: (a). 3 months; (b). 6 months, in cases where the Government servant has completed 3 years continuous service on the date of expiry of leave of the kind due and admissible under the rules (including 3 months extra-ordinary leave under (a) above), and his request for such leave is supported by a medical certificate as required under the rules; (c). 18 months where the officer is undergoing treatment for; (i). Pulmonary tuberculosis or pleurisy of tubercular origin, in a recognized sanatorium; or (G.O.Ms.No. 32 Fin., Dated. 22-01-1972) (ii). Tuberculosis of nay other part of the body by a qualified tuberculosis specialist or a civil surgeon; or (iii). Leprosy in a recognized leprosy institution or by a Civil Surgeon or a Specialist in Leprosy recognized as such by the state Administrative Medial Officer concerned. Note (1). The concession of extra-ordinary leave up to eighteen months will be admissible also to a Government servant suffering from pulmonary tuberculosis or pleurisy of tubercular origin who receives treatment at his residence under a Tuberculosis Specialist recognized as such by the State Administrative Medical Officer concerned and produces a certified signed by that specialist to the effect that he is under his treatment and that he has reasonable chances of recovery on the expiry of the leave recommended. Note (2). The concession of extra-ordinary leave up to eighteen months under this sub-rule will be admissible only to those Government servants who have been in continuous Government service for a period exceeding one year. Note (3). Government employees belonging to scheduled castes and scheduled tribes may be granted extra-ordinary leave by the Heads of Departments only once, in relaxation of the above limits to join pre-examination training courses at the centers notified by the Government of India or by the State Government from time to time. (G.O.Ms.No. 63 Fin. Dated. 03-03-1980) (d). Twelve months: - where the Government servant is undergoing treatment for cancer or for mental illness, in an institution recognized for the treatment of such disease or by a Civil Surgeon or Specialist in such disease. (e). Twenty Four months: - where the leave is required for the purpose of prosecuting studies certified to be in the public interest. Provided that the Government servant has completed 3 years of continuous service on the date of expiry of leave of the kind due and admissible under the rules (including 3 months extra-ordinary leave under item (a) above) Note: This concession will be admissible only to those Government servants who have been in continuous Government service for a period exceeding one year. (G.O.Ms.No. 24 Fin Dated. 16-01-1971 and G.O.Ms.No. 32 Fin, Dated. 22-01-1972) 23(b) Unless the Government in view of the exceptional circumstance of the case otherwise determines, no Government servant, who is not a permanent employee, shall be granted extra-ordinary leave in excess of the limits prescribed in sub-rule (a) of rule 23. (G.O.Ms.No. 532 Fin. Dated. 01-12-1972) (c). The authority empowered to grant leave may retrospectively commute the periods of absence without leave into extra-ordinary leave. (G.O.Ms.No. 24 Fin. Dated. 16-01-1971) EXECUTIVE INSTRUCTIONS REGARDING CLs AND Sp.CLs ANNEXURE VII TO FUNDAMENTAL RULES (See Ruling (4) under Rule 85) ORDINARY CASUAL LEAVE 1. Casual leave is not provided for in the Fundamental Rules and is a concession to enable Government servants in special circumstances to be absent from duty for short period without such absence being treated as leave under the leave rules applicable to the Government servant concerned. 2. No Government servant may in any case be absent on casual leave for more than 12 days in the course of one calendar year. Casual leave may be combined with optional holidays or Sundays or other authorized holidays provided that the resulting period of absence from duty does not exceed 10 days. The fact that a maximum has been fixed for the amount of casual leave, which may be taken within a year, does not mean that an officer is entitled to take the full amount of casual leave as a matter of course. (G.O.Ms.No. 2465, Fin., Dated. 23-12-1959 and G.O.Ms.No. 2094, Fin. Dated. 22-04-1960) Note 1. Agency Officers are permitted to add to the amount of casual leave taken by them from time to time, the length of time that is required to enable them to reach nearest plains station and to return there from to their headquarter. The Agency commissioner, waltair will fix the time to be allowed in the case of each agency station taking into consideration the most rapid means of travel that an officer can be expected to employ. Note 2. In the case of grant of casual leave to a purely temporary and emergency Government servant the sanctioning authority shall use its discretion having regard to the length of service put in by such Government servant. (G.O.Ms.No. 999 Fin. Dated 30-05-1959) Note 3. A Government servant may be granted casual leave for half a day either from 10:30 am to 1:30 pm or 2:00 pm to 5:00 pm. (G.O.Ms.No. 112 Fin Dated. 03-06-1966) 3. Heads of Departments should intimate their intention of taking casual leave to Government in the Department concerned. 4. A register of casual leave taken should be maintained in every office. 5. Members f works establishment may be granted casual leave on full pay or on reduced wages. 6. Omitted. G.O.Ms.No 97 Fin Dated. 24-04-1981. SPECIAL CASUAL LEAVE 7(a) Special casual leave not counting against ordinary casual leave may be granted to a Government servant in the following circumstances: - (i) And (ii) and Notes from 1 to 5 under (ii) are cancelled vide G.O.Ms.No. 10 Finance and Planning (F.W.FR-1) Department, Dated. 24-01-1992. (iii) When he is summoned to serve as a juror or assessor or to give evidence before a court in the Indian Union or Foreign Territory as a witness in civil and criminal cases in which his private interests are not in issue, the leave to cover the total period of absence necessary. (iv). When with the permission of the Director of Medical Services Director of Public Health, and Medical Office/Assistant Director of Public health, Health Officer of public Health Department is absent from his Head quarter, on business connected with Universities, the leave to cover the total period of absence in necessary. Note (1). In the case of Medical Officers/Assistants Directors of Public Health, Health Officers of the Public Health Department serving on their own accord as examiners in the universities of other states, the period of their absence from duty should be treated as regular leave and not as special casuals leave. This does not apply to Medical Officer, Assistant Director of Public Health, Health Officers of the Public Health Department who at the special request of the Government of India or State Governments, are deputed by the Government to undertake work on behalf of Universities outside the state. (G.O.Ms.No. 233, Fin Department Dated. 17-11-1966) Note (2). The period during which Medical Officers/Assistant Directors of Public Health, Health officers of the Public health department are absent, with the permission of the Director of Medical and Health Services, from their Headquarters in order to attend the meeting of the Andhra Pradesh Medical Council should be treated as Special Casual Leave. (G.O.Ms.No. 212, Fin, dated. 22-07-1969) (v) Male Government employees, who undergo vasectomy operation under the family welfare programme, will be eligible for special casual leave not exceeding 6 working days. If any employee undergoes vasectomy operation for the second time on account of the failure of the first operation, he will be eligible for a further special casual leave not exceeding 6 days on production of a certificate from the medical authority concerned to the effect that the second operation was performed due to the failure of the first operation. (G.O.Ms.No. 257, Fin & Plg Dated. 05-01-1981) Note: The grant of special casual leave shall be made applicable to construction subordinate service, operation subordinate service, work charged establishment in the Nagarjuna Sagar Project Organization and all other work charged establishments of others projects. (G.O.Ms.No. 272, Fin & Plg Dated. 11-10-1974) (vi) (a). Female Government employees, who undergo Tubectomy operation, whether puerperal or non-puerperal, will be eligible for special casual leave not exceeding fourteen days. (b). Female Government employees, who undergo tubectomy operation for the second time on account of failure of the first operation shall be eligible for special casual leave not exceeding fourteen days again on production of a medical certificate from the medical officer concerned to the effect that the second operation was performed due to the failure of first operation. (G.O.Ms.No. 124, Fin. & Plg., dated. 13th April 1982). (vii). Female Government Employees who undergo salpingectomy operation after Medical termination of pregnancy (MTP) will be eligible for special casual leave not exceeding 14 days. (G.O.Ms.No. 257, Fin, dated. 05-01-1981) (ix). Male Government employees, whose wives undergo either puerperal or non puerperal tubectomy operation for the first time or for the second time due to failure of the first operation (under the family welfare programme) will be eligible for special casual leave for 7 days, subject to the production of a Medical Certificate stating that their wives have undergone tubectomy operation for the second time due to failure of the first operation. It shall not be necessary to state in the certificate that the presence of the Government employee is required to look after the wife during her convalescence. (x). Male Government employees whose wives undergo tubectomy salpingectomy operation after Medial Termination of Pregnancy (M.T.P) will be eligible for special casual leave upto 7 days subject to the production or Medical certificate stating that their wives have undergone tubectomy/salpingectomy operation after medical termination of pregnancy. It shall not be necessary to state in the certificate that the presence of the Government employee is required to look after the wife during her convalescence. (xi). Government employees who require special casual leave beyond the limits laid down for undergoing sterilization operation owing to the development of post operative complications will be eligible for special casual leave to cover the period for which he/she is hospitalized on account of post operational complications, subject to the production of certificate from the concerned hospital authorities/ an authorize medical attendant. In addition, the benefit of additional special casual leave may also be extended to the extent of 7 days in the case of vasectomy operation and 14 days in the case of tubectomy operation to such Government servants who after sterilization do not remain hospitalized, but at the same time are not found fit to go to work, subject to the production of a medical certificate from the appropriate authority in the concerned hospital/an authorized medical attendant. (xii). Government employees who undergo operation for recanalisation will be eligible for special casual leave upto a period of 21 days or the actual period of hospitalization as certified by the authorized medical attendant whichever is less. In addition, special casual leave can also be granted for the actual period of the to and fro journey performed for undergoing this operation. The grant of special casual leave for recanalisation operation without any commitment to the reimbursement of medical expenses is subject to the following condition: - 1. The operation should have been performed in hospital/medical college/institute where facilities for recanalisation are available. If the operation is performed in a private hospital it should be one nominated by the State Government for performing recanalisation operation. 2. The request for grant of special casual leave is supported by a medical certificate from the doctor who performed the operation, to the effect that hospitalization of the Government servant for the period stipulated therein were essential for operation and post operation recovery. 3. The concession indicated above is admissible to Government employee who: - (a). Are unmarried or (b). Have less the two children, or (c). Desire recanalisation for substantial reasons, e.g. a person has lost all lost all male children or all female children after vasectomy/Tubectomy operation performed earlier. (xiii). Special casual leave connected with sterilization, recanalisation under family welfare programme may be suffixed as well as prefixed to regular leave or casual leave. However, special casual leave should not be allowed to be prefixed both to regular leave and casual leave. Special casual leave should either be prefixed to regular leave or to casual leave and not both. Similarly, special casual leave may be suffixed wither to regular leave or casual leave and not both. The intervening holidays and/or Sundays may be prefixed or suffixed to regular leave, as the case may be. (b). In the cases coming under clauses (iii) and (iv) above, when the absence from duty exceeds the period which may reasonably be treated as casual leave under the discretion vested in the head of the office, the Government servant may be granted for the entire period of absence such regular leave with leave salary as may be due to him and thereafter extra-ordinary leave. 8. (1). Special casual leave will be allowed to a Government servant participating in sporting events for a period not exceeding 30 days in a calendar year. The period of absence in excess of 30 days shall be treated as regular leave of the kind admissible under the relevant rules applicable to the persons concerned. For this purpose, Government servant may, as special case, be permitted to combine special casual leave with regular leave but not with regular casual leave. The purpose for which and the conditions under which special casual leave may be granted are indicated below. The special casual leave will be allowed only: - (a). For participating in sporting events of National or International importance; and (b). When the Government servant concerned is selected for such participation (c) In respect of International sporting events by any one of the following organizations as a member of a team which is accepted as representative on behalf of Indi

Read More

FUNDAMENTAL RULES

FUNDAMENTAL RULES OF ANDHRA PRADESH GOVERNMENT Extract of F.R's. FR.No Description 13 Unless his lien is suspended under Rule 14 or transferred under Rule 14-B, a Government Servant holding substantively a permanent post retains a lien on that post- (a) While performing the duties of that post; (b) While on foreign service, or holding a temporary post, or officiating in another post; (c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post; (d) (..............) While on leave other than refused leave granted after the date of compulsory retirement under Rule 86, or Rule 7of Andhra Pradesh Leave Rules, 1933; and (e) while under suspension. 23 The holder of a post, the pay of which is changed shall be treated as if he were transferred to a new post on the new pay; provided that he may at his option retain his old pay until the date on which has earned his next or any subsequent, increment on the old scale, or until he vacates his post or ceases to draw pay on that time scale. The option once exercised is final. 24 An increment shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be withheld from a Government servant by {the State Government}, or by any authority to whom the State Government may delegate this power if his conduct has not been good, or his work has not been satisfactory. In ordering the withholding of an increment the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments. Note (1):-The authority competent to withhold increments from a Government servant is the authority in which such power has been vested by under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. Note (2):- The procedure that should be followed for stoppage of increment of a Government servant under the rule making control of the Government of Andhra Pradesh is the procedure prescribed in the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. 28 The authority which orders the transfer of a Government servant as a penalty from a higher to a lower grade or post may allow him to draw any Pay, not exceeding the maximum of the lower grade or post, which it may think proper. Provided that the pay allowed to be drawn by a Government servant under this rule shall not exceed the pay, which he would have drawn by the operation of Rule 22 read with clause (b) or clause (c), as the case may be, or Rule 26. 29 - I If a Government servant is reduced, as a measure of penalty, to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective, and whether, on restoration, it viz., the period of reduction, shall operate to postpone future increments, and, if so, to what extent. II If a Government servant is reduced, as a measure of penalty, to lower service, grade or post, or to a lower time scale, the authority ordering the reduction may or may not specify the period or which the reduction shall be effective, but where the period is specified, that authority shall also state whether, on restoration, the period of reduction shall operate to postpone, future increments, and, if so, to what extent. 29 - A Where an order of penalty of withholding of increment of a Government servant or his reduction to a lower service, grade or post or to a lower time-scale, or to a lower stage in a time-scale, is set aside or modified by a competent authority on appeal or review, the pay of the Government servant shall, notwithstanding anything contained in these rules, be regulated in the following manner: (a) If the said order is set aside, he shall be given, for the period such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn; (b) If the said order is modified, the pay shall be regulated as if the order as so modified has been made in the first instance. Explanation: If the pay drawn by a Government servant in respectof any period prior to the issue of the orders of the competent authority under this rule is revised, the leave salary and allowances (other than travelling allowance) if any, admissible to him during that period shall be revised on the basis of the revised pay. 45 - C For the purposes of Rule 45 -A, 45 -B ‘emoluments’means - (i) Pay: (i) -a ‘dearness pay’; (ii) payments from general revenues and fees, if such payments or fees are received in the shape of a fixed addition to monthly pay and allowances as part of the authorized remuneration of a post; (iii) compensatory allowances other than travelling allowance, uniform allowance, outfit allowance, special outfit allowance, uniform grant, and grant for horse and saddlery, whether drawn from the Consolidated Fund of India or of a State or from a Local Fund; (iv) Not printed. (v) pension, other than a pension drawn under the provisions of Chapter XXXVIII, Civil Service Regulations, or compensation received under the Workmen’s Compensation Act, 1923, as subsequently amended; Note:- The amount of pension to be taken into account will be the amount originally sanctioned i.e., before commutation, if any, and will also include the pension equivalent of death-cum-retirement gratuity and other forms of retirement benefits, if any e.g., Government’s contribution to a Contributory Provident Fund, commuted value of pension, etc.,of any period prior to the issue of the orders of the competent authority under this rule is revised, the leave salary and allowances (other than travelling allowance) if any, admissible to him during that period shall be revised on the basis of the revised pay. (vi) in the case of a Government servant under suspension and in receipt of a subsistence allowance, the amount of the subsistence allowance, provided that, if such Government servant is subsequently allowed to draw pay for the period of suspension, the difference between the rent recovered on the basis of the subsistence allowance and the rent due on the basis of the emoluments ultimately drawn shall be recovered from him. It does not include allowance attached to the Indian Police Medal. Note 1:- The emoluments of a Government servant paid at piecework rates shall be determined in such manner as the State Government may prescribe. Note 2:- The emoluments of an officer on leave mean the emoluments drawn by him for the last complete calendar month of duty performed by him prior to his departure on leave. Note 3:- The Government of India have held that in cases in which a portion of the pension has been commuted the term "pension” occurring in the rule means the full sanctioned pension prior to commutation. Note 4:- The percentage rate of Dearness allowance sanctioned from time to time shall not be reckoned as emoluments. However, in respect of Government servants who do not opt to the Revised Pay Scales, 1978 and remain in pre 1978 scales of pay, dearness allowance admissible at the rate which existed as on 1-4-1978 appropriate to the basic pay in that scale shall be reckoned as emoluments. Note 5:- Family Pension granted to a Government servant shall not be reckoned as emoluments for purposes of recovery of rent under this rule. 52 52. The pay and allowances of a Government servant who is dismissed or removed from service cease from the date or such dismissal or removal. 53 - 1 A Government servant under suspension, or deemed to have been placed under suspension by an order of the appointing authority shall be entitled to the following payments, namely - (i) Not Printed. (ii) In the case of any other Government servant; (a) A subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary; Provided that where the period of suspension exceeds three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows: (i) The amount of subsistence allowance may be increased by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of first three months, if, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government servant. (ii) the amount of subsistence allowance may be reduced by a suitable amount not exceeding fifty percent of the subsistence allowance admissible during the period of the first [three months], if, in the opinion of the said authority the period of suspension has been prolonged, due to reasons to be recorded in writing directly attributable to the Government servant. (iii) the rate of dearness allowance will be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under clauses (i) and (ii) above. Note:- Not printed. (b) any other compensatory allowances admissible from time to time on the basis of pay of which the Government servant was in receipt on the date of suspension, subject to the fulfillment of other conditions laid down for the drawal of such allowances. 2 No payment under Sub-Rule (1) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation; Provided that where a penalty of dismissal, removal, or compulsory retirement imposed upon a Government servant is set aside and he is deemed to have been placed, or to continue to be under suspension from the date of such dismissal or removal or compulsory retirement, [under sub-rule (3) or sub-rule (4) of Rule 8 of the Andhra Pradesh Civil Services (classification, Control and Appeal) Rules 1991] , and he fails to produce such a certificate for any period or periods during which he is deemed to be placed or to continue to be under suspension, shall be entitled to the subsistence allowance and other period or periods as the case may be fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him; where the subsistence allowance and other allowances admissible to him are equal to or less than the amount earned by him, nothing in this provision shall apply to him. 54 - 1 When a Government servant, who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation [while under suspension or not], the authority competent to order reinstatement shall consider and make a specific order. (a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and (b) Whether or not the said period shall be treated as period spent on duty. 2 Where the authority competent to order reinstatement is of opinion that the Government Servant who had been dismissed, removed, or compulsorily retired, has been fully exonerated, the Government servant shall, subject to the provisions of sub-rule (6), be paid the full pay and allowances, to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be; Provided that where such authority is of opinion that termination of the proceedings instituted against the Government servant had been delayed due to reasons directly attributable to the Government servant, it may after giving him an opportunity to make his representation [within sixty days from the date on which the communication in this regard is served on him] and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing that the Government servant shall, subject to the provisions of sub-rule (7), be paid for the period of such delay, [only such amount (not being the whole) of such pay and allowances] as it may determine. 3 In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period spent on duty for all purposes. 4 In cases other than those covered by sub-rule (2) including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appelate or the reviewing authority solely on the ground of non-compliance with the requirement of [clause (1) or clause (2) of Article 311 of the Constitution] and no further inquiry is proposed to be held the Government servant shall, subject to the provisions of sub-rules (6) and (7), be paid [such amount (not being the whole) of the pay and allowances] to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the Government servant of the quantum proposed and after considering the representation, if any, submitted by him in that connection [within such period which in no case shall exceed sixty days from the date on which the notice has been served as may be specified in the notice] (.............) 5 In a case falling under Sub-rule (4), the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority, specifically directs that it shall be so treated for any specified purpose. Provided that if the Government servant so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind due and admissible to the Government servant. Note: The order of the competent authority under the preceding proviso, shall be absolute and no higher sanction shall be necessary for the grant of- (a) Extra-ordinary leave in excess of three months in case of non-permanent Government servant; and (b) leave of any kind in excess of five years in the case of permanent or non-permanent Government servant. 6 The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which such allowances are admissible. 7 [The amount] determined under the proviso to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under Rule 53. 8 Any payment made under this rule to a Government servant on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the Government servant. 54 - A 1 Where the dismissal, removal or compulsory retirement of a Government servant is set aside by a court of law and such Government servant is reinstated without holding any further inquiry, the period of absence from duty shall be regularised and the Government servant shall be paid pay and allowances in accordance with the provisions of sub-rule (2) and (3) subject to the directions, if any, of the court. 2 - (i) Where the dismissal, removal or compulsory retirement of a Government servant is set aside by the court solely on the ground of non-compliance with the requirements for [clause (1) or clause (2) of Article 311 of the Constitution], and where he is not exonerated on merits, the Government servant shall, subject to the provisions of sub-rule (7) of Rule 54, be paid [such amount (not being the whole) of the pay and allowances] to which he would have been entitled had he not been dismissed, removed or compulsorily retired, or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the Government servant of the quantum proposed and after considering the representation, if any, submitted by him, in that connection within such period [which is no case shall exceed sixty days from the date on which the notice has been served] as may be specified in the notice: (ii) The period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of judgment of the court shall be regularized in accordance with the provisions contained in sub-rule (5) of Rule 54. 3 If the dismissal, removal or compulsory retirement of a Government servant is set aside by the court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period, to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be. 4 The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible. 5 Any payment made under this rule to a Government servant on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the Government servant. 54 - B 1 When a Government servant who has been suspended is reinstated or would have been so reinstated but for his retirement [.......] while under suspension, the authority competent to order reinstatement shall consider and make a specific order _ _ a) regarding the pay and allowances to be paid to the Government servant for the period of suspension ending with reinstatement or the date of his retirement [.....] as the case may be; and b) whether or not the said period shall be treated as a period spent on duty. 2 Notwithstanding anything contained in rule 53, where a Government servant under suspension dies before the disciplinary or court proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid. 3 Where the authority competent to order reinstatement is of the opinion that the suspension was wholly unjustified, the Government servant shall subject to the provisions of sub-rule (8), be paid the full pay and allowances to which he would have been entitled, had he not been suspended: Provided that where such authority is of the opinion that the termination of the proceedings instituted against the Government servant had been delayed due to the reasons directly attributable to the Government servant, it may , after giving him an opportunity to make his representation [within sixty days from the date on which the communication in this regard is served on him] and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the Government servant shall be paid for the period of such delay [only such amount (not being the whole) of such pay and allowances as it may determine.] Note:- For the purpose of sub-rules (2) and (3) above, full pay includes special pay attached to the post which the Government servant was holding immediately before the suspension. 4 In a case falling under sub-rule (3) the period of suspension shall be treated as a period spent on duty for all purposes. proviso shall be absolute and no higher sanction shall be necessary for the grant of— (a) extraordinary leave in excess of three months in case of a non-permanent Government servant, and (b) leave of any kind in excess of five years in the case of permanent or non- permanent Government servant. 8 The payment of allowances under sub-rule (2), sub-rule (3) of sub-rule (5) shall be subject to all other conditions under which such allowances are admissible. 9 [The amount] determined under the proviso to sub-rule (3) or under sub-rule (5) shall not be less than the subsistence allowance and other allowances admissible under rule 53. 55 Leave may not be granted to a Government servant under suspension.

Read More