LEAVE TO GOVERNMENT EMPLOYEES ON DEPUTATION OUT OF INDIA
8.130 Unless the competent authority in any case otherwise directs, the following provisions apply to Government employees placed on deputation out of India, under conditions declared to be quasi-European if the period of the deputation exceeds one year :-
(a) The period of deputation shall not count as duty for the purpose of this chapter.
(b) The amount of leave which can be earned by the deputation shall be determined by the competent authority. Such leave can only be taken during the period of deputation and will not be credited on debited in the Government employee’s leave account. Leave salary during such leave shall be equal to the rate of deputation pay :
Provided that where a deputation originally sanctioned for one year or less is subsequently extended so that the total period exceeds one year, these provisions shall apply only in respect of the period in excess of one year.
LEAVE TO PROBATIONERS
8.131. During the period of probation, a probationer is entitled to leave as follows:-
(1) If appointed under contract, to such leave as is prescribed in his contract; or
(2) (i) if there be no such prescription in the contract or
(ii) if appointed otherwise, to such leave as would be admissible to him under the leave rules which would be applicable to him if he held his post substantively otherwise than on probation. If for any reason it is proposed to terminate the services of a probationer, any leave which may be granted to him should not extend beyond the date on which the probationary period as already sanctioned or extended expires, or any earlier date on which his services are terminated by the order of an authority competent to appoint him.
Note. - See also rule 8.58.
8.132. During the period of apprenticeship, an apprentice is entitled to leave as follows :-
(i) if appointed under contract, to such leave as is prescribed in his contract; or
2. (i) if there be no such prescription in the contract or
(ii) if appointed otherwise;
(a) to leave on medical certificate on leave salary equivalent to half of the pay on the last day of duty prior to commencement of leave for a period not exceeding one month in any year of apprenticeship if the period of apprenticeship is less than one year, proportionate leave will be admissible, viz. For Nine/ Six/ Three months, period of apprenticeship, leave admissible will be twenty-one/ fifteen/ seven days, respectively; and
(b) to extraordinary leave under rules 8.121.
Note 1. - See also rule 8.58.
Note 2. - This rule has reference to leave earned or taken during the apprentice period only and not afterwards. See also rule 2.16 (a) (I).
Note 3. - Paid candidates will be treated as apprentices for the purpose of this rule.
Note 4. - The leave at the credit of a Government employee on the date of his appointment as an apprentice under Punjab Government should not lapse but may be allowed to be carried forward on his appointment to a post under Punjab Government on the expiry of the period apprenticeship.
PART – C LEAVE EARNED BY TEMPORARY AND OFFICIATING SERVICE, SERVICE WHICH IS NOT CONTINUOUS AND PART TIME SERVICE OR SERVICE REMUNERATED WHOLLY OR PARTIALLY BY THE PAYMENT OF HONORARIA ON DAILY WAGES.
LEAVE TO GOVERNMENT EMPLOYEES NOT IN PERMANENT EMPLOY
8.133. The provisions of rules 8.116 to 8.119 apply also to a Government employee not in permanent employ, provided that
(a) no half pay leave shall be granted unless the authority competent to sanction leave has reason to believe that the officer will return to duty on its expiry ; and
(b) leave not due for a period not exceeding 360 days during the entire service shall not be granted to such an employee unless he is suffering from T.B., Leprosy, Cancer or mental illness and the following conditions are fulfilled :-
(i) that the Government employee has put in a minimum of one year’s service;
(ii) that the post from which the Government employee proceeds on leave is likely to last till has return to duty; and
(iii) the request for the grant of such leave is supported by a medical certificate of the authorised Medical Attendant.
8.136. No leave is admissible to temporary establishment paid from contingencies on contingent bills. Such establishment may, however, be allowed extraordinary leave under rule 8.137.
8.137. Subject to the provision of rule 8.121 extraordinary leave not exceeding the following limits may be granted by the competent authority on any one occasion:-
(i) one year ;
(ii) twelve months in cases where the Government employee has completed three years, continuous service on the date of expiry of leave of the kind due and admissible under the rules (including one year’s extraordinary leave under (i) above) and his request for such leave is supported by a medical certificate as required under the rules;
(iii) eighteen months, where the employee is undergoing treatment for –
(1) pulmonary tuberculosis or pleurisy of tubercular origin in a recognised sanatorium, or
(2) tuberculosis of any other part of the body by a qualified tuberculosis specialist or a Civil Surgeon, or
(3) leprosy in a recognised leprosy institution or by a civil surgeon or a specialist in leprosy recognised as such by the State Administrative Medical Officer concerned.
(3-a) twelve months where the Government employee is under going treatment for cancer or for mental illness is an institution recognised for the treatment of such disease or by a Principal Medical Officer or a specialist in such disease.
Note. - This concession will be admissible only to those Government employees who have been in continuous Government service for a period exceeding one year.
(iv) twenty-four months where the leave is required for the purpose of prosecuting studies certified to be in the public interests provided the Government employee concerned has completed three years’ continuous service on the date of expiry of leave of the kind due and admissible under the rules (including one year extraordinary leave under (I) above).
Note 1. - The concession of extraordinary leave up to eighteen months will be admissible also to a Government employee suffering from pulmonary tuberculosis or pleurisy of tubercular origin who receives treatment at his residence under a tuberculous specialist recognised as such by the State Administrative Medical Officer concerned and produces a certificate signed by that specialist to the effect that he is under his treatment and that he has reasonable chances or recovery on the expiry of the leave recommended.
Note 2. - The concession of extraordinary leave upto eighteen months under this sub-rule will be admissible only to those Government employees who have been in continuous Government service for a period exceeding one year.
Note 3. - The maximum limit of one year prescribed in this rule does not apply in the case of teachers in the Education Department who are not in permanent employ and who take leave for the purpose of undergoing a course of training. In their case the limit of extraordinary leave is subject to 24 months which the D.P.I. can grant himself.
Note 4. - Where a Government employee who is not in permanent employ or quasi-permanent employ fails to resume duty on the expiry of the maximum period of extraordinary leave granted to him or where such a Government employee who is granted a lesser amount of extraordinary leave than the maximum amount admissible, remains absent from duty for any period which together with the extraordinary leave granted exceeds the limit up to which he could have been granted such leave under this rule, he shall be removed from service after following the procedure laid down in the Punjab Civil Services (Punishment and Appeal) Rules, 1970.
Note 5. - Where a Government employee avails of the above leave concession for undergoing treatment for T.B. or leprosy, he should be required to produce a fitness certificate, before he is permitted to resume duty on the expiry of the leave, from the following authorities:-
(i) A temporary Gazetted Government employee suffering from palmonary tuberculosis or tuberculosis of any other part of the body, should produce a fitness certificate from a Medical Committee/ Board as laid down in rule 8.44 irrespective of the fact whether the treatment is had at a sanatorium or at the residence of the Government employee. A T.B. Specialist should also be co-opted as a member of the Medical Committee/ Board.
(ii) A temporary non-Gazetted Government employee, suffering from pulmonary tuberculosis, should produce a certificate of fitness either from the Medical Officer-in-charge of a recognised sanatorium or from a T.B. Specialist recognised by a State Government while such a Government employee suffering from Tuberculosis of any other part of the body should produce a certificate from a qualified T.B. Specialist or a Civil Surgeon.
Note 6. - The periods of extraordinary leave when separated by a spell of vacation will be treated as one continuous spell of extraordinary leave for applying the limit mentioned in this rule.
8.137-A (1) The competent authority under rule 8.23 may grant to a female Government employee maternity leave on full pay for a period not exceeding 180 days without the necessity of production of a medical certificate and the grant of such leave shall be so regulated that the date of confinement falls within the period of this leave:
Provided that no leave under this sub-rule shall be granted to a female Government employee who has three or more living children.
Note. (1). - Extension, in leave, if any, beyond 180 days shall, however, be permissible by the grant of leave of the kind due.
(2) Maternity leave will not be debited against the leave account of the concerned female Government employee;
Note 2. - Where a female Government employee has less than two living children, maternity leave under this rule may also be granted in cases of miscarriages and abortion including abortion included under the Medical Termination of Pregnancy Act, 1971, subject to the conditions that the leave does not exceed six weeks and the application for leave is supported by a certificate from a registered medical practitioner and in case of doubt certificate of a Principal Medical Officer or Assistant to Civil Surgeon or gazetted Medical Officer may be called for :
Provided that a female Government employee having two or more children shall not be entitled to avail of this concession, but, if required, can be sanctioned leave of kind due, on the production of a medical certificate.”
(2) In the case of a person to whom the Employees’ State Insurance Act, 1948 (34 of 1948) applied, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
8.137-B. Any other kind of leave may be permitted to be prefixed to maternity leave without insisting on a medical certificate. But any leave applied for in continuation of the maternity leave may be granted only if the request is supported by a medical certificate.
Provided that after availing of maternity leave for a period not exceeding three months sanctioned under sub-rule (i) of rule 8.137A, a female Government employee who can not get her leave extended by furnishing a medical certificate but desires leave of the kind due in continuation of the maternity leave, may be allowed leave upto a maximum of sixty days without the production of a medical certificate. But in case she gets her maternity leave extended for any period beyond the aforesaid period of three months by furnishing a medical certificate she would not be eligible to get the benefit of combination of the leave of the kind due with maternity leave without the production of a medical Certificate.
8.137 - C The provisions of rules 8.124 and 8.125 apply mutatis mutandis to temporary and officiating Government employees whose leave is regulated by the rules in this part.
8.138 (i) (a) The competent authority under rule 8.23 of the rules may grant hospital leave to Head Constables and Constables of the Punjab Armed Police Force and Regular Police Force, Overseers and Sub-Overseers in the Punjab Mental Hospital and the Establishment of the Government Press, whose leave is regulated by the Rules in this Part.
Note 1. - In the case of persons to whom the Workmen’s Compensation Act, 1923, applies the amount of leave-salary shall be reduced by the amount of compensation payable under Section 4(1) (d) of the said Act.
Note 2. - Industrial and work –charged staff will also be entitled to Hospital leave in the same manner as other state Government employees.
Note 3. - Hospital leave should be granted on the production by the Government employee concerned of a medical certificate from a superior officer, not below the rank of Gazetted Officer to the effect that the illness or injury was directly due to the risks incurred in the course of official duties and also that the leave recommended is necessary to effect a cure. The period of leave shall be such as may be certified by the Authorised Medical Attendant to be necessary.
8.138. (1) (b) Hospital leave may be granted on leave salary equal to either pay drawn immediately before proceeding on earned leave or half pay and for such period, as the authority granting it may consider necessary.
8.138. (1) (c) Hospital leave is not debited against the leave account and may be combined with any other leave which may be admissible: provided that the total period of leave, after such combination, shall not exceed 28 months.
8.138-A.(1) Earned leave to the extent due and admissible at a time can be granted to temporary employees (other than those employed on a contract basis) at the discretion of the sanctioning authority on the termination of service on account of retrenchment or on the abolition of posts before attaining the age of superannuation even when it has not been applied for and refused in the public interest. In all cases, however, where any notice of termination of service is required to be given under the terms of employment of the temporary employee concerned, and that employee is relieved before the expiry of the notice, such notice or the unexpired portion thereof should run concurrently with the leave granted.
(2) Such terminal leave may also be granted to --
(a) re-employed pensioners who are treated as “new entrants” in the matter of leave, subject to the condition that such pensioners will not be entitled to draw their pension during the terminal leave if the pension was held in abeyance during the period of re-employment;
(b) persons employed for a period exceeding one year on a contract basis in terms of Appendix 16 to the Punjab Civil Services Rules, Volume I, Part II.
(c) Unqualified persons who may have to vacate their temporary posts to make room for qualified candidates.
(d) Persons whose services may have to be dispensed with, as a matter of administrative convenience as an alternative to the initiation of disciplinary proceeding against them.
Note 1. - This rule shall not apply to apprentices and persons in non-continuous employment of Government who will continue to be governed by the normal rules applicable to them.
Note 2. - Terminal leave under this rule will not be admissible in the following circumstances :-
(i) where the employee concerned has been dismissed or removed from service, or where service is terminated in the interest of national security ; or
(ii) where the employee concerned resigns his post of his own volition unless the resignation is for reason of ill-health or for other reasons beyond his control. Leave not exceeding half the amount of earned leave which the Government employee concerned can avail of at a time may, however, at the discretion of the sanctioning authority, be allowed in this case :
(iii) where the services of a temporary Government employee are lent by commercial concerns or semi-Government organisations on terms which include the payment of leave salary contribution, the grant of leave on termination of the employment under Government will in such cases, be at the cost and within the discretion of the parent employer.
Note 3. - It will not be necessary to extend the temporary post to cover the period of the leave granted to a Government employee at the end of his temporary employment.
Note 4. - Retrenched Government employees who are re-employed either their own or another department on or before the expiry of their terminal leave with no break in service are to be deemed to be in continuous Government service and allowed the benefit of their previous service for calculating casual and earned leave due to them on their re-employment.
*Note 5 Omitted
[* Omitted vide Notification No.3-1(5)/1FCD-88/4097 dated 6th April, 1989]
Note 6. - A temporary Government employee continues in service during that part of terminal leave only which runs concurredly with the notice period and ceases to be a Government service on the expiry of the notice period, the leave to the extent it goes beyond the notice period being treated as a terminal benefit only.
8.139. The provisions of rule 8.21 apply mutatis mutandis to temporary and officiating Government employees whose leave is regulated by the rules in this Part.
8.140. The provisions of rule 8.122 shall apply mutatis mutandis in the case of a Government employee governed by the rules in this part.
Note. - During the re-employment after retirement from pensionable service, an officer’s pension is either held in abeyance or is allowed to be drawn separately, a suitable reduction being made in the re-employed pay wherever necessary. An officer whose pension is drawn separately during re-employment and who proceeds on earned leave or half pay leave or commuted leave will be entitled to leave salary based on the net re-employed pay (i.e. exclusive of the pension and/ or pension equivalent of gratuity) and will continue to draw the pension separately in addition. An officer whose pension has been held in abeyance will draw the leave salary baged on the net re-employed pay (i.e. pay minus the amount of the uncommuted pension and/ or pension equivalent of gratuity) and in addition an amount equivalent to the pension which was held in abeyance. In either case the leave salary (exclusive of the pension or the amount equivalent to pension which was held in abeyance, and / or pension equivalent of gratuity) admissible during half pay leave or commuted leave will be subject to the monthly maximum of Rs.750 and Rs.1,550 respectively.
During the period of extraordinary leave, an officer whose pension has been held in abeyance will be allowed to draw only an amount, equivalent to the pension which was held in abeyance. Where the pension is drawn separately it will continue to be so drawn during the period of extraordinary leave also.
The leave salary in respect of earned leave, half pay leave and commuuted leave of officers, who were governed by the Contributory Provident system prior in retirement, will be based on their net-re-employed pay. They will not draw any leave salary during the period of extraordinary leave.
8.141. An Assistant Legal Remembrancer whose pay is fixed at a definite rate but his whole-time is not retained for the service of Government, may be granted leave as follows:-
(a) Leave on full pay during the vacation of the High Court; Provided that no extra expense is hereby caused to Government; such leave will be counted as duty.
(b) Leave on half pay for not more than six months once only in his service after six years of duty.
(c) On medical certificate leave on half pay up to the maximum of 12 months during whole service, further leave on medical certificate not exceeding 6 months in all may be granted in exceptional cases on the recommendation of a medical board.
(d) On the conditions prescribed in rule 8.121 extraordinary leave.
Note. - Leave under any one of the clauses of this rule may be combined with leave under other clause
8.142. (a) (1) District Attorneys will ordinarily be permitted to absent themselves from their duties during the period for which the court of the Sessions Judge is closed for the summer vacation, upto a maximum of one month if the State of work permits; but such permission may be withdrawn by the Director of prosecution and Litigation when the work so requires. In these cases, it should not be necessary to appoint any other person to perform the duties of the District Attorney, who will be permitted to draw his consolidated monthly fees for the period of his absence.
(2) When a District Attorney is refused permission to absent himself from duty during the period of the Sessions Court’s vacation, he may, with the sanction of Government, be permitted to absent himself from duty at some other time of the year for a period not exceeding one month, during which time he will continue to draw his consolidated monthly fees.
(3) Apart from the concession in clause (2) a District Attorney may be permitted by the Director of Prosecution and Litigation to absent himself from his duties at any time of the year up to a period of three months, or for a longer period with the sanction of the Government, during which time he will not be entitled to any remuneration other than that provided in clause (6) below.
(4) During the absence from duty of a District Attorney under the provisions of any of the above clauses arrangements may be made by the Director of Prosecution and Litigation for the discharge of his duties by another legal practitioner. The Director of Prosecution and Litigation may engage a private practitioner either on fees for individual cases at the rates fixed by Government for the employment of private practitioners for criminal case work or on consolidated fees not exceeding Rs.400 per month, whichever alternative is in the opinion of the Director of Prosecution & Litigation most economical and conducive to efficiency. Such appointments will be made by the Director of Prosecution and Litigation in consultation with the local authorities.
(5) If no suitable legal practitioner is willing to do the work on Rs.400 per mensem or if the appointment of a private practitioner on fees does not appeal appropriate or economical the Deputy Commissioner should refer the matter with his recommendations to the Director of Prosecution & Litigation for the orders of Government.
(6) If the period of absence (other than any period during which the District Attorney is entitled to draw full fees) does not exceed one month, the District Attorney may be allowed to draw the difference, if any, between the rate fixed for his fees and the sum paid to his substitute or substitutes.
(7) When the same District Attorney is attached to more districts than one, the Deputy Commissioner of each district concerned must be consulted.
(b) (i) Government Pleaders must arrange that their services are available at all times, other than the period of the vacation fixed for subordinate civil courts, unless permission of absence has been given.
(ii) Government Pleaders who are not District Attorneys may be given permission of absence at any time of the year; provided that they can be spared. Such permission must be obtained from the Director of Prosecution & Litigation through the Deputy Commissioner.
8.143. The Editor and Reporters engaged in the production of the Indian Law Reports (Punjab Series) who are part-time Government employees earn leave upto 1/12th of the period spent on duty. They can be granted leave up to the maximum of 120 days at any one time and will be allowed leave salary equal to the pay on the day before the leave commences; provided no extra expense is thereby caused to Government.
8.144. Subject to the deduction of the amount of leave actually enjoyed from the amount of leave which has been earned a Departmental Sub-Registrar may be granted leave as follows :-
(i) Leave with pay --
(a) Leave on full pay not exceeding one year in the whole of his service upto 1/12th of the period spent on duty subject to the conditions that –
(1) Leave earned can not at any one time be granted to an extent greater than 120 days ; and
(2) Of leave so granted 1-1/2 months will be leave without medical certificate and the rest on medical certificate.
(b) Leave on medical certificate on half pay for not more than six months during his service after the completion of six years of duty.
(ii) Leave without pay
(a) without medical certificate, for a period not exceeding one year during the whole of his service; a Sub-Registrar who is also a member of the Union Parliament or States Legislature may in addition be granted leave for the period he actually attends the meetings of such Parliament or Legislature or of its Sub-Committee.
(b) On medical certificate, without any limit.
(iii) Any combination of leave under clauses (i) (a), (i) (b) and (ii) (a) (ii) (b); provided that no combination under clauses (i) (a), (i) (b) and (ii) (a) at any one time exceeds one year.
8.145. A Government employee remunerated by honoraria may be granted leave on the terms laid down in rule 8.141; provided that he makes satisfactory arrangements for the performance of his duties that no extra expense is caused to Government and that during leave of the kind contemplated by clause (b) of rule 8.141, the whole of the honararia are paid to the person who officiates in his post.
8.146. Leave to –
(1) A section-writer or a temporary press employee, paid under the piece work system, or a daily labourer, employer in the Public Works Department, if granted leave, is not entitled to any leave salary whatever during his absence.
(2) Labourers employed on a daily wages in Government workshops, power-houses, quarries; electric sub-stations and other similar institutions, or on demolition of buildings, or on blasting operations or roads, or on a power line, a telephone line a haulage way in the Public Works Department, who are injured while on duty, may be granted leave while under medical treatment for the injury ; provided that the injury is directly due to risks incurred in the course of their official duties. The total amount of such leave in any one term of 3 years shall not exceed six months, full wages being allowed for the first three months and half wages thereafter inclusive of compensation under the Workmen’s Compensation Act, where such compensation is payable.
8.148 (1) (a) – Leave on full pay will be earned at the rate of :-
(i) 1/24th of the period spent on duty, during the first 10 years of his service.
(ii) 1/18th of the period spent on duty during the next 10 years of his service; and
(iii) 1/12th of the period spent on duty, thereafter.
(b) In the case of a permanent industrial employee transferred from the piece to the salaried establishment, the account of his leave on full pay shall commence with a credit or debit balance, as the case may be, equal to the difference between --
(i) such fraction of leave admissible to him under sub clause (a) of clause (1) of rule 8.147 for the calendar year in which the transfer takes place as in equal to the proportion which the portion of the year preceding the date of transfer bears to the whole year; and
(ii) any leave already taken by him out of leave admissible.
Provided that the said credit shall not be taken into account in calculating the 120 day’s leave on full pay specified in clause (a) above.
(c) When the total period of leave on full pay standing to the credit of an employee under clauses (a) and (b) is more than 120 days, the maximum amount of leave on full pay that may be granted to him at any one time shall not exceed 120 days. In the case of any employee whose account of leave on full pay commences with a debit no leave on full pay shall be granted until the expiry of a fresh period spent on duty sufficient to earn such credit as will permit of the leave to be granted after canceling the debit.
(2) The half pay leave admissible to an employee in respect of each completed year of service is 20 days and will be accumulative. The half pay leave due may be granted to an employee on medical certificate or on private affairs.
(3) Leave without pay may be granted when no other leave is admissible.
(4) The provisions of rule 8.119 (c) and (d) apply to Government employees whose leave is regulated by the rules in this part except that leave not due will be granted only on medical certificate.
(5) Injury leave at half pay rates may be granted to a permanent salaried industrial employee, below the grade of Overseer or General Foreman who is injured in circumstances which would have given rise to a claim for compensation under the Workmen’s Compensation Act, 1923 (VIII of 1923), if he had been a workman as defined therein, whether or not proviso (a) to sub-section (1) of section 3 of that Act is applicable. In the case of workers who are declared to be suffering from lead poisening by certifying Surgeon, injury leave will be admissible on full pay. Such leave shall not be deemed to be leave on medical certificate for the purpose of clause (2). It shall be granted from the commencement of disablement for so long as is necessary subject to a limit of two years for any one disability and a limit of five years during an employee’s total service including service, if any, on the piece establishment. Leave granted under clause (5) of rule 8.111 shall be taken into account in applying these limits. The salary payable in respect of a period of leave granted under this rule shall in the case of an employee to whom the provisions of the Workmen’s Compensation Act, 1923, (VII of 1923), apply be reduced by the amount of compensation paid under clause (d) of sub-section (1) of section 4 of that Act.
Note. - The expression “pay” in this rule means the pay on the day before the leave commences.
8.149. (1) The competent authority under rule 8.23 of these rules may grant hospital leave to a Class IV Government employee and such class III Government employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drug etc. or the performance of hazardous tasks, while under medical treatment for illness or injury if such illness or injury is directly due to risks incurred in the course of their official duties.
Note 1. - In the case of person to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave-salary shall be reduced by the amount of compensation payable under section 4(1)(d) of the said Act.
Note 2. - Industrial and Work-charged staff will also be entitled to hospital leave in the same manner as other State Government employees.
Note 3. - Hospital leave should be granted on the production by the Government employee concerned of a medical certificate, from a superior officer, not below the rank of Gazetted Officer to the effect that the illness or injury was directly due to risks incurred in the course of official duties and also that the leave recommended is necessary to effect a cure. The period of the leave shall be such as may be certified by the Authorised Medical Attendant to be necessary.
8.149. (2) Hospital leave may be granted on leave salary equal to either pay drawn immediately before proceeding on earned leave or half pay and for such period as the authority granting it may consider necessary.
8.149. (3) Hospital leave is not debited against the leave account and may be combined with any other leave which may be admissible; provided that the total period of leave, after such combination, shall not exceed 28 months.
8.149. (4) Provisions of sub-rules (a), (b) and (c) of rule 8.119, rule 8.137 and sub-rules 1 (a) and 1 (c) of rule 8.148 ibid shall apply mutatis mutandis.