Sikkim Herald

SIKKIM GOVERNMENT SERVICES (LEAVE) RULES, 1982.

In exercise of the powers conferred by the proviso to Article 109 of the Constitution of India, the Governor here by makes the following rules, namely. -

Short title and commencement. -
1. These rules may be called the Sikkim Government Service (Leave) Rules, 1982.
2. They shall be deemed to have come into force on the 1st day of April. 1981.
Extent of application. - Save as other provided in these rules, they shall apply to government servants appointed to various services and posts in connection with the affairs of the State of Sikkim, but shall not apply to -
1. persons employed on work-charged basis;
2. persons in casual or daily-rated or part-time employment
3. persons appointed in leave vacancies;
4. members of All India Services and employees on deputation from Central Government or other State Governments to the extent where there are specific provisions in the All India Service (Leave) Rules, 1955, or Central Civil Services (Leave) Rules, 1972 and Leave Rules applicable to the concerned employee on deputation from other State Government;
5. honorary workers;
6. persons employed on contract except when the contract provides otherwise
Definitions. -
1. In these rules, unless the context otherwise requires -
  1. "authority competent to grant leave" means, -
    1. in relation to gazetted officers, the Secretary in the Establishment Department;
    2. in relation to non-gazetted officers the Secretary, Head of Department or the Head of Office declared by the Establishment Department to be competent to grant the leave;
  2. "Form" means the Form appended to these rules,
  3. "vacation department" means a department or part of department, to which regular vacation are allowed, during which government servants serving in the department are permitted to be absent from duty.
    
    (2) Words and expressions used herein and not defined but defined in the Sikkim Government Service Rules, 1974, shall have the meaning respectively assigned to them in those rules.
Right to leave. -
1. Leave cannot be claimed as a matter of right.
2. When the exigencies of public service so require, leave of any kind may be refused or revoked or curtailed by the authority Competent to grant leave.
3. The authority competent to grant leave may commute one kind of leave into leave of a different kind which may be admissible at the time leave was originally sanctioned. But the government servant cannot claim it as a matter of right.
4. Any unauthorised absence from duty without the prior sanction for leave, or refusal to return to duty on recall before the expiry of leave or failure to return to duty after expiry of leave sanctioned, shall be treated as misbehaviour and the Government servant concerned shall be liable to disciplinary action and the period of such unauthorised absence may be treated as dies non.
  
  Explanation -The unauthorised period of absence treated as dies-non shall constitute an interruption of service for the purpose of increment, leave and extension and unless there are specific orders not to treat the period as such the entire past service shall stand forfeited.
  
  Government of Sikkim's instructions.
  
  1.1 Rule 4 of the Sikkim Government Service (Leave) Rules, 1982 provide that leave cannot be claimed as a matter of right. Note under rule 10 of the said rules further provide that excepting cases requiring immediate medical attendance, leave in all other cases shall be applied for at least one month before the date on which the leave commences. These provisions have been made with the object that administrative problems and improper working arrangements is avoided. It is often being noticed that employees proceed on leave without authority to avail of the leave. As a result, this Department has continuously been receiving claims for charge allowance with retrospective effect or for ex-post facto approval of working arrangement.
  
  1.2 In view of these factors and in the interest of public service, the departments are requested to inform all the public subordinate officers working under them that they should invariably apply for any kind of leave including medical leave, where possible, at least one month before the date from which they intend to proceed on leave. Secretaries/Heads of Departments arc further requested to finalise the working arrangement, if required, to be incorporated in the order sanctioning leave.
  
  2.1 It has come to the notice of the Government that most of the officials do not submit their leave applications well in advance and have adopted the practice of proceeding on leave without obtaining formal order/sanction. This is in contravention of the provisions made in the SGS (Leave) Rules, 1982. Except in cases requiring immediate medical attendance, leave in all other cases should be applied for at least one month before the date on which the leave commences. Besides this, absence from duty without prior sanction for leave amounts to unauthorised absence and this may be taken as misbehaviour under rule 4(4) of the SGS (Leave) Rules, 1982.
  
  2.2 In the circumstances, the undersigned is directed to request all Secretaries and Heads of Departments to bring the relevant provisions of the Rules to the notice of all concerned for their future guidance. Secretaries and Heads of Departments are further requested to ensure, before forwarding the leave applications of the Gazetted Officers working under them to the Establishment Department, that leave is applied for by the officer well in advance as required under the rules.
Regulation of claim to leave. -A government servant's claim to leave is regulated by the rules in force at the time the leave is applied for and granted.
Earning of leave. -Save as otherwise provided in these rules, leave shall be earned for the period for which a Government servant is on duty only.

Explanation I -Duty includes periods of casual leave, departmental examination leave under rule 25, in-service training, joining time, quarantine leave but does not include the periods of extraordinary leave, examination leave, study leave maternity leave and all other kinds of leave including special disability leave for accidental injury.

Explanation II -For the purpose of this rule the period spent on deputation to autonomous bodies public undertakings shall count as duty only if contribution towards leave salary and pension are paid either by the borrowing employer or the government servant.
Effect of dismissal, removal or resignation on leave at credit. -
1. Except as provided in these rules any claim to leave to the credit of a government servant, who is dismissed or removed or who resigns from government service ceases from the date of dismissal or removal or resignation.
2. A government servant who is dismissed or removed from service and is reinstated on appeal or revision shall be entitled to count for leave his service prior to dismissal or removal, as the case lay be.
Application for leave. - An application for leave or for extension of leave shall be made in Form I.

Note 1 -Where a government servant is working in an office subordinate to a department, the application should be routed through, proper channel.

Note 2 -Gazetted employees should route their applications to the Establishment Department through the Head of Office and the lead of Department concerned or the Secretary to the Government, as the case may be.
Government of Sikkim's instruction.

1.1 Attention is invited to rule 8 of the Sikkim Government Service (Leave) Rules, 1982. According to this rule, an application for leave or extension of leave has to be made in the prescribed form, which is annexed as Form I to the said rules.

1.2 It has, however, been observed that leave or extension of leave is not being applied in the prescribed form.

1.3 All Secretaries/Heads of Department are, therefore, requested to kindly ensure that the application for leave or extension thereof is made by the Officers and staff in the prescribed form.
Leave account. -A leave account shall be maintained in form IV by the authority competent to grant leave or under its directions and no leave shall be granted to a government servant until a report regarding its admissibility is verified and found correct in all respects.
Commencement and termination of leave. - Except as provided in rule 11, leave ordinarily begins on the day on which the transfer of charge is effected in accordance with the working arrangement made in the order granting the leave and ends on the day preceding that on which the charge is resumed.

Note 1. - Except in cases requiring immediate medical attendance, leave in all other cases shall be applied for at least one month before the date on which the leave commences.

Note 2. - It is obligatory on the part of the authority recommending the leave to propose working arrangements during the leave, if so required.

Explanation 1 -If a government servant is transferred to some other department while on leave, he ceases, from the date of such transfer, to be on leave and to draw leave salary unless there are specific orders permitting such government servant to assume charge or the new post after expiry of the leave sanctioned.

Explanation II -If a government servant takes leave while in transit on transfer from one post to another the period which has elapsed since he handed over charge of his old post must be included in his leave. On the expiry of the leave, the government servant may be allowed normal joining time.

Explanation III -When a government servant officiating in a higher post under rule 39 of chapter VII or the Sikkim Government Service Rules, 1974, proceeds on leave, he is to be treated as continuing to hold that higher post during his leave for the purpose of drawal or leave salary and other allowances.
Combination of holidays with leave. -
1. When the day immediately preceding the day on which a government servant's leave begins or the day immediately following the day on which his leave expires, is a holiday or one of the series of holidays, the government servant shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing or suffixing holidays to leave is specifically withheld) to leave the place of his posting at the close of the day before or return to it on the day following such holidays or the series of holidays.
2. Unless the authority competent to grant leave in any case otherwise directs -
  1. if holidays are prefixed to leave the leave and any consequent rearrangements or pay and allowances shall take effect from the day after the holidays: and
  2. If holidays are suffixed to leave the leave is treated as having terminated and any consequent rearrangement or pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.
    
    Explanation I -The holidays falling in between a spell or leave shall be counted as part of leave.
    
    Explanation II - Where charge allowance has been sanctioned to a substitute, the charge allowance shall be admissible inclusive of the period of holidays prefixed and/or suffixed.
Recall to duty before expiry of leave. -
1. Where a Government servant is recalled to duty in the interest of public service before expiry of the leave, such recall to duty shall be treated as compulsory in all cases.
2. The government servant who is so recalled to duty before expiry of leave shall be allowed travelling allowances admissible as on official tour from the place at which he receives such orders to the place to which he is recalled. The actual period covered by the journey shall be treated as duty but during such period he shall draw emoluments equal to the leave salary only.
3. The unavailed portion of leave shall be cancelled and credited to his leave account.
Return from leave. -
1. A government servant on leave shall not return to duty before the expiry of the period of leave granted to him unless he is permitted to do so by the authority, which granted him leave. On return from leave he shall submit, in duplicate, a report in Form II.
2. Notwithstanding anything contained in sub-rule (1), a Government servant on leave preparatory to retirement shall be precluded from returning to duty, save with the prior approval in writing of the authority competent to appoint him to the post from which he proceeded on leave preparatory to retirement.
3. A government servant who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness in Form III.
Absence after expiry of leave. -
1. Unless the authority competent to grant leave extends the leave, a Government servant who remains absent after the end of leave, with or without application, is entitled to no leave salary for the period of such absence and that period shall be treated as Extra-ordinary leave.
2. Willful absence from duty after the expiry of leave renders a government servant liable to disciplinary action.
  
  Note. - Where the facts and circumstances of the case so warrant, disciplinary action shall be taken for contravention of this rule for unauthorised absence from duty or overstayal of leave even for one day treating it as misconduct.
Combination of different kinds of leave. - Except as otherwise provided in these rules, any kind of leave under these rules may be granted by the competent authority in combination with or in continuation of any other kind of leave.

Explanation -Casual leave which is treated as duty under these rules shall not be combined with any other kind of leave admissible under these rules. Where a leave admissible under these rules has preceded or immediately followed by the casual leave, the period of casual leave shall be converted into leave of the kind that has been sanctioned for the period preceding or succeeding such casual leave.
Maximum amount of leave admissible. -
1. The maximum amount of earned leave on full pay granted in any one spell shall not exceed 120 days unless otherwise provided in these rules.
2. The maximum amount of half pay leave sanctioned in one spell shall not exceed 720 days.
3. The total continuous period of absence on leave shall not exceed 1080 days in one spell; Provided that no leave shall be granted to a government servant placed under suspension.
Earned leave for government servants serving in departments other than the vacation department. -
1. Save as otherwise provided in rule 27, all government servants shall be eligible for earned leave on full pay to the extent of one-eleventh of the period spent on duty.
2. In addition, a government servant shall be entitled to half pay leave of 20 days in respect of each completed year of service which may be granted on medical certificate or on private affairs, Note -A government servant shall cease to earn or accumulate leave under sub-rule (1) above when the earned leave at credit exceeds 300 days.
Calculation of earned leave. - In calculating earned leave referred to in sub-rule (1) of rule 17, the actual number of days of duty shall first be counted and then multiplied by 1/11 and the product expressed in days. The fraction in the earned leave shall be rounded off to the nearest day, that is fraction below half a day shall be ignored and that a fraction exceeding half a day or more shall be reckoned as one day.
Commuted Leave (Medical Leave). -
1. Commuted leave may be granted to a government servant including employees working in the vacation department not exceeding half the period of half pay leave at his credit, subject to the following conditions, namely -
  1. the leave shall be granted on the sickness of the government servant or his family;
  2. the government servant's half pay leave at credit shall be debited with twice the number of days of commuted leave thus granted;
  3. such leave shall be granted only on the basis of a medical certificate;
  4. the maximum amount of commuted leave granted shall not exceed 240 days, that is 480 days of half pay leave, during the entire service.
  5. commuted leave under this rule may be granted to a government servant if he applies for it, even though he has earned leave at his credit.
    
    (1.1) In continuation to circular No.119/Gen/Est dated 1990 the Government has decided that the medical certificate issued and countersigned by the Medical Superintendent, Central Referral Hospital Tadong shall also be entertained for the purpose of leave on medical ground and commuted leave under Rule 19 of Sikkim Government Services ( Leave ) Rules,1982.
Extra-ordinary leave. -
1. When no other kind of leave is admissible, or when other kinds of leave are due and admissible but the government servant applies in writing for the grant of extraordinary leave, the authority competent to grant leave, if satisfied that the leave applied for is on account of unavoidable reasons, may grant to the government servant extraordinary leave, subject to the provisions of rule 16. Such leave may be granted in combination with or in continuation of any other kind of leave that is due and admissible;
2. The authority competent to grant leave shall also have the discretion to convert periods of absence without leave like overstayal of leave, joining time, into extraordinary leave, even when any other kind of leave was due and admissible at the time the absence without leave commenced.
3. Extraordinary Leave is not debited to the leave account, but the period of absence on such leave shall be recorded in the remarks column of the leave account in order that such period may not inadvertently be treated as duty later on.
4. During extraordinary leave, the government servant shall continue to hold lien to the post or grade from which he proceeded on leave.
5. No leave salary or other emoluments shall be admissible during extraordinary leave.
Maternity Leave. -
1. The authority competent to grant leave may grant to a female government servant maternity leave on full pay for a period not exceeding 60 days from the date of its commencement:
  
  Provided that in case of a female Government servant having less than two surviving children, maternity leave on full pay for a period not exceeding 90 days from the date of its commencement shall be granted.
2. Every application for maternity leave shall be supported by a medical certificate or by a certificate by the immediate superior officer under whom she has been working at the time of application for maternity leave;
3. Maternity leave may be combined with leave of any other kind but any leave applied for in continuation of the former may be granted only if the request is supported by a medical certificate.
4. Maternity leave may also be granted in case of miscarriage, including abortion, subject to the condition that:
  1. the leave shall not exceed 30 days;
  2. the application for the leave is supported by a medical certificate certifying the actual occurrence of the miscarriage or abortion.
5. The maternity leave shall not be debited against the leave account.
Study leave. -
1. At the discretion of the Government, study leave upto a maximum period of 720 days may be granted with due regard to the exigencies of government service to a government servant who has been sponsored by the Government considering the actual need of the department, to enable him to undergo, in or out of India, a special course consisting of higher studies or specialised training in a professional or technical subject having a direct or close connection with the sphere of his duties.
2. A government servant who is due to retire within 10 years may not, however, be granted study leave.
3. The government servant concerned must execute a bond in Form V giving an undertaking to continue to serve the Government for such period as may be fixed by the Government on the expiry of such leave or to refund the entire expenditure incurred by the Government during the period of study leave.
4. A government servant granted study leave under sub-rule (1) shall be entitled, during the period of such leave, to draw a study leave allowance equivalent to the leave salary admissible during a period of half pay leave. The period of study leave shall not be debited to the leave account.
5. The Government may cancel any portion of study leave granted and may require the government servant to return to his post if the progress of the study for which leave was granted is found to be unsatisfactory or if the exigencies of government service so warrant.
  
  Note. - A Government servant who has not completed one year's service or who has been nominated or selected for a course which has no direct or close connection with the sphere of his duty may be granted study leave without study leave allowance or leave salary. In such a case, the sponsoring department may decide the quantum of financial assistance to be extended in consultation with the Finance Department.
Special disability leave for accidental injury. -
1. A government servant who is disabled by injury accidentally incurred in, or in consequence of performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the post which he holds, may be granted special disability leave.
2. Special disability leave shall not be debited against the leave account.
3. Special disability leave may be granted for not more than 720 days for any one disability.
4. The period of leave granted shall be such as is certified by a Medical Board constituted by the Secretary, Health Department, through general order.
5. Special Disability leave may be combined with leave of any other kind admissible under these rules. During special disability leave, only half the salary drawn immediately before the grant of leave under Sub-rule(1) shall be admissible.
Quarantine leave. - Where in consequence of the presence of an infectious disease in the family or household of a Government, servant at his place of duty, residence or sojourn, his attendance at his office is considered hazardous to the health of other Government servants, such Government servant may be granted quarantine leave.

Explanation I -The presence of an infectious disease should be certified by a Government Medical Officer.

Explanation II- The period of quarantine leave shall be as advised by the Government Medical Officer.

Explanation III -For the purpose of this rule infectious disease means Cholera, Small-pox, Plague, Diphtheria, Typhoid fever, Cerebrospinal Meningitis and any other disease which may hereafter be declared as infectious disease by the Director of Health Services.

Explanation IV- Quarantine leave may be granted on the certificate of a Medical Officer for a period not exceeding 30 days. During the quarantine leave, a Government servant is entitled to his normal salary.
Departmental Examination Leave. - A government servant absent from his office or from his headquarters with the prior permission of the authority to attend an obligatory departmental examination may be granted departmental examination leave, which shall be treated as on duty, for the day or days of examination including any reasonable period that may be required for the journey to and from the place of examination.
Examination Leave. - (1) Examination leave may be allowed to a Government servant to appear at a recognised examination conducted by a Secondary Board for Education or University. The authority competent to grant leave should satisfy itself that the Government servant has actually appeared at the examination in respect of which such leave is granted:

Provided that no examination leave under this sub-rule shall be granted a leave substitute or to a Government servant who has not rendered a minimum period of one year's service.

Provided further that the examination leave for one particular examination of a Board or University shall be given only once in the service career of a government servant. If he fails to pass any particular examination of a Board or University in one sitting he/she shall not be entitled to get examination leave for the same examination next time. No examination leave shall be given nor compartmental examination also.

Explanation. - Journey period from the place of duty to the examination centre for appearing the examination and back to the place of duty and the period of break falling in between the examination dates shall also be treated as examination leave.

26A. Special Leave to appear for the Central Civil Service (Mains) Examination. -
1. Special Leave of one month shall be granted to an eligible government servant to appear for the Central Civil Service (Mains) Examination with full pay and allowances: Provided that such leave shall be granted only once in the service career of a government servant.
2. Such leave shall not be debited to the leave account.
Earned Leave for persons serving in vacation department. -
1. No earned leave on full pay to a Government servant serving in a vacation department shall be admissible.
  
  Explanation I -Office staff, peons and sweepers whose services arc continuously required and cannot enjoy regular vacation will be treated as belonging to the non-vacation department but cooks and such other employees who avail of regular vacation shall be treated as belonging to the vacation department.
  
  Explanation II -Government servants serving in vacation departments are, however, eligible for 28 [29(50) days leave on half pay in respect of each completed years of service which may be granted on medical certificate or on private affairs.
2. If a government servant serving in a vacation department is, by general or special orders of the Government prevented from availing himself of the whole or part of a vacation by reason of his having to perform such duties as are allotted to by the Head of the Department continuously during the period of regular vacation he shall be eligible to earned leave under sub-rule (1) of rule 17 provided that it is certified by the Head of the Department that such refusal of vacation is in the exigencies of Government service.
3. Duty, for the purpose of sub-rule (2), shall be the actual period during which he was required to be on duty during the vacation.
4. A government servant transferred from a non-vacation department to a vacation department shall be eligible to avail himself of the earned leave which was at his credit at the time of such transfer.
5. A government servant transferred from a vacation department to a non-vacation department shall be eligible to avail himself of the half pay leave which was at his credit at the time of such transfer.
6. If a Government servant is transferred from a vacation department to a non-vacation department, he shall be entitled to the earned leave to the extent specified in sub-rule (1) of the Rule 17 from the date on which he joins such non-vacation department. The leave, if any, earned by such government servant while serving in the vacation department shall also be credited to his leave account.
  
  Government of Sikkim's instruction.
  
  1.1 Clarifications have been sought for on how to adjust the leave admissible to the vacation personnel who have been categorized as non-vacation vide Notification No.922/Gen/Est. dated 1.3.1990. The matter was examined in depth and decided as under: -
  1. Half Pay Leave amount earned by the vacation Personnel till 28.2.90 may be converted and credited to the earned leave account by debiting double the number of days in Half Pay Leave subject to maximum of 240 days.
  2. Prior to above, the persons on vacation department shall be allowed to encash leave from HPL account for block year 1991-93 in terms of Notification No.J (2) 392/Gen/Est. dated 28.3.88.
  3. After encashment of leave as per (ii) above, the balance in Half Pay Leave may be credited to earned leave account operating with effect from 1.3.1990 in the same manner as suggested at (i) above.
  4. On reversion of a person from non-vacation to vacation department, earned leave shall be converted in Half Pay Leave.
    
    2.1 The following two Notifications have been issued one-after the other enhancing the rate of earning of half pay leave by vacation employees from 20 days for each completed year of service to 30 days (from 8.9.94) and 50 days (from 1.10.94).
    1. Notification No.27/Gen/DOP dated 30.8.94 (published in Gazette on 8.9.94 and applicable from 8.9.94);
    2. Notification No.J (2)/31/Gen/DOP dated 27.9.94 (published in Gazette on 1.10.94 and applicable from 1.10.94.).
      
      2.2 To facilitate proper implementation of these notifications in respect of Leave Accounts of vacation employees, it has been found necessary to issue the following instructions: -
      
      2.3 The vacation employees were eligible for leave on half pay at 20 days in respect of each completed year of service till 7.9.94 at 30 days from 8.9.94 to 30.9.94 and at 50 days from 1.10.94. The credit of half pay leave for the period less than a completed year of service till 7.9.94 may be calculated at 5/3 days per month. For this purpose, a fraction of 15 days or more but less than 30 days may be rounded to next month. For example, if a vacation employee had completed year of service on 20.4.94, the service from 21.4.94 to 7.9.94 comes to 4 months 17 days. This will be rounded to 5 months and half pay leave to be credited will be 5 x 5/3 = 25/3 which will be rounded to 8 days, fraction of less than half day being ignored and fraction of half day or more being reckoned one day. For the period from 8.9.94 to 30.9.94, a credit of 2 days half pay leave may be given at the rate of 30 days per completed year of service. From 1.10.94 completed years of service can be reckoned and credit of half pay leave may be given at the rate of 50 days per completed year of service.
      
      2.4. In respect of employees transferred from non-vacation department to vacation department, the earning of earned leave will cease from the date of joining vacation department and the earning of half pay will be at the relevant vacation rate (30 days from 8.9.94 and 50 days from 1.10.94 for each completed year of service). The half pay leave account at the non-vacation rate of earning will be completed on the date of joining the vacation department in the manner explained in paragraph 1 above.
      
      2.5 In respect of employees transferred from vacation to non-vacation department, the employees will start earning earned leave and will earn half pay leave at 20 days for each completed year of service from the date of joining the non-vacation department. His half pay leave account in vacation department will be completed on that date at the old rate of 30 days from 7.9.94 and 50 days from 1.10.94 for each completed year of service. For portion of service less than a completed year, completed month may be calculated as explained in Paragraph 1 above. The credit will be calculated by multiplying number of completed months by 25/6, if the previous rate of earning half pay leave was 50 days for each completed year of service. Fraction of half day or more will be rounded to next day.
      
      27 A Medical leave to teachers. -
      
      (1) Notwithstanding anything contained in rule 27, the teachers of the Government schools shall be granted medical leave on full pay provided that the teacher concerned has rendered not less than one year service before the date of actual hospitalisation.
      
      Explanation 1- For the purpose of granting medical leave, the period of actual hospitalisation within the State including hospitalisation in Institutions/Hospitals as referred to by the Directorate of Health Services in consultation with the Education Department shall be taken into consideration.
      
      Explanation II -The period of hospitalisation shall be ascertain from -
      
      (i) a certificate of the treating medical specialist counter-signed by the Superintendent of STNM Hospital in the case of Gangtok:
      
      (ii) a certificate of the treating medical officer/specialist countersigned by the Chief Medical Officer in case of Districts: and
      
      (iii) a certificate from the Head of the Institute where cases may be referred to by the Director of Health Services for hospitalisation outside the State.
      
      The concerned teacher shall obtain the certificate as mentioned above and submit the same in support of his claim for medical leave.
      
      (2) Medical leave granted under this rule shall be recorded in the remarks column of the leave account
Leave Preparatory to Retirement. -
1. A government servant may be permitted to take leave preparatory to retirement to the extent of leave due, not exceeding 300 days, together with half pay leave due, subject to the condition that such leave extends upto and include the date of retirement.
2. In case the leave under sub-rule (1) is refused to the government servant in public interest then he may be granted, from the date of retirement, the amount of earned leave so denied increased by the amount of earned leave earned by him during the period between the date on which leave preparatory to retirement was to commence and the date of retirement, and decreased by such leave, if any, availed of during the same period, subject to the maximum limit of 300 days.
3. Except as provided in sub-rule (2), all leave at the credit of a Government servant shall lapse on the date of his superannuation unless the service of the government servant is extended in the interest of public service under rule 100 of the Sikkim Government Service Rules. 1974.
4. Where a Government servant who is on deputation with any local body , corporation or company wholly or substantially owned or controlled by the State Government of Sikkim or a body controlled or financed by the Government of Sikkim (hereinafter referred to as the borrowing organisation) applies for leave preparatory to retirement, the decision to grant or refuse such leave shall be taken by the borrowing organisation with the concurrence of the Government of Sikkim.
5. Where a Government servant referred to in sub-rule (4) has been refused the leave, such Government servant shall avail of the leave to the extent admissible under sub-rule (2).
Special concessions to government servants suffering from Tuberculosis, Cancer or any other disease of grave and serious nature.
1. Notwithstanding anything contained in rule 16, a government servant who is in regular service and has completed a minimum period of one year and suffers from Tuberculosis, Cancer or any other disease of grave and serious nature] shall be eligible for the following special concessions, namely -
  1. the entire period of earned leave and half pay leave at his credit at the time the leave is applied for on grounds of either of these diseases:
  2. after the leave as mentioned under clause (a) is exhausted, special leave for a period not exceeding 240 days:
    
    Provided that the total continuous leave as under clauses (a) and (b) shall not exceed 840 days
    
    Note -During the period when the government servant is on special leave specified in clause (b), he may be paid the subsistence allowance at the following rates -
    
    (i) fifty percent of the actual pay drawn immediately before the commencement of leave: and
    
    (ii) full allowances admissible on such pay (2) Leave under this rule may be combined with any other kind of leave.
    
    (3) The above concessions shall be granted only if a Medical Board constituted by the Secretary Health Department through a general or specific order, certifies that the disease contracted by Government servant is of grave and serious nature and has been actually suffering from any of the diseases mentioned in sub-rule (1) and would require prolonged treatment.
Casual Leave. - (1) Casual leave may be granted to a Government servant for a total period of 10 days in a Calendar year for personal reasons, provided that it shall not cause any evasion of the rules regarding -
1. date of commencement of pay and allowances:
2. date of assumption of charge of office:
3. commencement and end of regular leave:
4. date of return to duty:
5. extension of the period of leave beyond already sanctioned.
  
  Explanation I -Heads of Departments or Heads of Offices may grant casual leave. The Chief Secretary may grant casual leave to Secretaries/Heads of Departments. The authority competent to grant casual leave shall ensure that casual leave applied for is proportionate with the period of duty actually rendered by a government servant and is for unavoidable reasons. The authority granting casual leave shall maintain proper accounts for casual leave.
  
  Explanation II -Gazetted holidays falling in between a spell of casual leave shall not be counted as part of the casual leave.
  
  Explanation III -Substitutes appointed in leave vacancies shall not be entitled to any casual leave. In their cases leave applied for as casual leave shall be treated as leave without pay.
Leave during a period of extension of service. - Where the services of a government servant has been extended in the interest of public service beyond the date of his retirement, such government servant may be granted earned leave subject to a maximum of 300 days, as follows: -
1. during the period of extension any earned leave due in respect of that period of such extension and, to the extent necessary, the earned leave which could have been granted to him under sub-rule (2) of rule 28 had he retired on the date of retirement;
2. after the expiry of the period of extension -
  1. the earned leave which could have been granted to him under sub-rule (2) of rule 28 had he retired on the date of retirement decreased by the amount of such leave availed of during the period of extension; and
  2. any leave earned during the period of extension as has been formally applied for a preparatory to final retirement in sufficient time during the extension and refused to him on account of the exigencies of the public service.
Leave during a period of re-employment after retirement. - In the case of a Government servant re-employed after retirement, the provisions of these rules shall apply as if he had entered government service for the first time on the date of his re-employment.
Leave to Government servants compulsorily retired. - A government servant who is retired by the Government by giving him pay and allowances in lieu of notice, may be allowed also to encash the leave due at his credit on the date of issue of such notice excluding that period for which pay and allowances in lieu of notice have been allowed.
Leave to Government servants seeking voluntary retirement. - A government servant who seeks voluntary retirement by giving the required period of notice may apply before expiry of such notice, for the leave on full pay standing at his credit, which may be granted to him to run concurrently with the period of notice. The period of full pay leave, if any, extending beyond the date of retirement on expiry of notice may be allowed as terminal leave and, at the option of the Government servant, may even be encashed.
Acceptance of Employment during leave. - Except during leave preparatory to retirement, a Government servant on leave shall not, without the previous sanction of the Government accept any occupation which involves the receipt of remuneration of any kind.
Cash payment in lieu of unutilised earned leave on the date of retirement. - The Government may sanction to a Government servant who retires from service under the Sikkim Government Service Rules, 1974, cash equivalent of leave salary in lieu of the period of earned leave on full pay standing at his credit on the date of his retirement subject to a maximum of 300 days.
Unutilised earned leave of the deceased Government servant. - Where a Government servant dies while in service, the cash equivalent of leave salary that the deceased Government servant would have received immediately prior to his death had he availed himself of earned leave at his credit subject to a maximum of 300 days, shall be paid to his family, in lieu of unutilised earned leave at the credit of the deceased government servant.
Concessions to Government servants in vacation department. - The Government servants serving in the vacation departments may be granted the benefits as provided for under rules 33,34,36 and 37 converting the leave on half pay at credit into full pay by debiting their leave on half pay twice the number of days on full pay to the extent admissible under these rules.
Leave Salary. -
1. A Government servant who proceeds on earned leave or commuted leave is entitled to leave salary equal to the emoluments drawn immediately before proceeding on earned leave or commuted leave.
  
  Explanation. - Emoluments include all allowances being drawn immediately before proceeding on leave, but the special pay or allowance being drawn, if any, by the Government servant proceeding on leave shall not be admissible if the period of leave exceeds 30 days at one stretch.
2. A Government servant on half pay leave is entitled to leave salary equal to half the pay and full allowances being drawn immediately before proceeding on such leave subject to explanation to sub-rule (1).
  
  Explanation. - Full allowances means the allowances calculated on the basis of the percentage of basic pay being drawn immediately prior to the departure on such leave notwithstanding the fact that only half of the basic pay is being drawn during the leave on half pay.
3. A Government servant on extra-ordinary leave is not entitled to any leave salary.
Advance of leave salary. - A Government servant proceeding on leave for a period not less than thirty days may be allowed advance of leave salary for a maximum of one month subject to the normal recoveries.
Interpretation. - Where any doubt arises as to the interpretation of these rules, it shall be referred to the Government in the Establishment Department (now Department of Personnel. Administrative Reforms and Training) for decision
Power to relax- Where the Government is satisfied that the operation of any of these rules causes undue hardship in any particular case, the Government may, by order, for reasons to be recorded in writing, dispense with or relax the requirement of that rule to such extent and subject to such exceptions and conditions as it may consider necessary

Repeal and saving. -

On and from the commencement of these rules, Chapter X of the Sikkim Government Service Rules, 1974, containing rules from 65 to 93 (both inclusive) and the leave account form appended thereto shall stand repealed.
Where on and from the commencement of these rules there is at the credit of any Government servant leave exceeding 180 days the leave in excess of 180 days shall lapse:

Provided that the State Government may by a separate order give such benefits as it may think fit in respect of leave in excess of 180 days.

Notwithstanding such repeal anything done or any action taken or any leave granted to a Government Servant under the rules hereby repealed shall be deemed to have been done , taken or granted under the corresponding provisions of these rules or under the rules in force at the relevant time.

T. Chhophel,

Secretary to the Government of Sikkim.

Establishment Department.

forms forms forms forms forms forms forms forms forms forms

AGREEMENT BOND FOR TRAINING/COURSE IN …………………. TO BE EXECUTED BY A GOVERNMENT SERVANT (ON REGULAR ESTABLISHMENT) AS AN IN-SERVICE GOVERNMENT NOMINEE FOR A STIPENDARY OF THE GOVERNMENT OF SIKKIM

This Agreement is made on the….. day of…..199…..between Mr./Mrs./Miss….. S/W/D of…….resident of…… District…… (hereinafter called "the trainee /candidate) of the first part and the Governor of Sikkim through the Secretary to the Government of Sikkim Department (hereinafter called "the Government") of the second part.

WHEREAS the Government has selected the trainee/candidate for the aforesaid training/course;

AND WHEREAS the trainee/candidate has agreed to undergo the above training/course for……. years/months;

AND WHEREAS for the better protection of the interest of the Government, the trainee/candidate has agreed to execute this bond on the terms and conditions hereinafter contained.

Now this agreement witnesses and the parties hereto hereby agreed as follows:

1. That the trainee/candidate shall not leave the training course in the middle of the training/course.

2. That the trainee/candidate shall abide by all the rules and regulations laid down by the Government.

3. That the trainee/candidate shall, during such training/course, abstain from engaging in any other vocation.

4. That the trainee/candidate shall not take part in any political or other activities which may be considered by the Government to be undesirable and against the Government. If he takes part in any such activities, salary and training allowance shall be withheld and he shall not be allowed to complete the training/course.

5. That trainee/candidate shall complete the training/course within the prescribed time limit and shall report and join at the place of posting.

6. That the trainee/candidate after completion of the training/course shall serve the Government as hereinafter required for a period of ten years, unless prevented by ill health which is to be certified by competent medical authority to the satisfaction of the Government of Sikkim to be such as to render him unable to continue to be in-service.

7. That if the trainee/candidate contravenes any of the conditions in clause 1 to 5 above, he shall be liable to pay twice the amount spent on him as salary, allowance, stipend or other scholarship during the period of training/course together with the additional cost of living, like travel expenses to and from the place of training/course, dearness allowances and expenses incurred in the shape of admission fee, tuition fee and other incidental charges together with interest thereon from the date of demand at Government rates for the time being in force on Government loans payable to employees.

8. In the event of the trainee/candidate desiring to resign from the Government service before the completion of ten years of stipulated service it shall be incumbent upon him to pay the amount specified in Clause 7 before his resignation can be considered by the Government. The amount liable to be paid by the trainee/candidate shall be reduced by 10 percent of the total amount calculated under Clause 7 for each completed year of service with the Government of Sikkim.

Explanation. - A "complete year of service" is a year and not less than six months of the next year. If it is more than six months, it shall be treated as one more year.

In witnesses whereof the parties hereto have signed this Agreement on the……day of…….(month)………..(year).

(Signature Signature of the Secretary to the Government

of Trainee/candidates.) Sikkim……. Department for and on behalf of

the Governor.

In the presence of witnesses:

Name S/W/D of Full Add Signature Date

1.

2.

FORM V B

SURETY BOND

SURETY BOND TO BE EXECUTED BY TWO PERMANENT RESIDENCE OF SIKKIM (ACCEPTABLE TO THE ADMINISTRATIVE DEPARTMENT CONCERNED) FOR THE TRAINEE /CANDIDATE WHILE UNDERGOING TRAINING/COURSE IN………AS AN IN-SERVICE GOVERNMENT NOMINEE

By the present bond, we, Mr/Mrs/Miss…… S/W/D of…… resident of……District…and Mr/Mrs/Miss…..S/W/D….. of……District ……………(hereinafter called "the sureties"), do hereby jointly and/or severally bind ourselves and our respective hairs, executes and administrators, liable to repay to the Government of Sikkim (hereinafter called "the Government) the entire amount specified in the event Agreement Bond, in the event of the trainee/candidate becoming liable to pay the amount.

Whereas the Government has selected the trainee/candidate for the aforesaid training/course. Whereas the trainee/candidate has agreed to undergo the above training/course for …………..years/months;

Whereas the sureties have agreed to stand surety for the due performance of the terms and conditions of the Agreement Bond by the trainee/ candidate;

And whereas for the better protection of the interest of the Government, the sureties have agreed to execute this bond on terms and conditions hereinafter contained.

Now this bond witnesses and the parties hereto hereby agreed as follows: -

1. That the trainee/candidate shall, during and after completion of the training/course, abide by all terms and conditions of the Main Agreement Bond.

2. That if the trainee/candidate contravenes any of the conditions given in the Main Agreement Bond, he and sureties shall be held jointly and/or severally liable to repay to the Government the entire amount in the manner provided in clause 7 and 8 of the Main Agreement Bond.

In witness whereof this Surety Bond is executed on the date, month and the year above mentioned in presence of the witnesses: -

Sureties:

Name S/W/D of Full Address Signature Date

1.

2.

(Sureties should be worth the amount they stand for} ;

Signature of the trainees/candidate.

Witnesses:

1. Name

Address

2. Name

Address

Accepted by me: Secretary to the Government of Sikkim,

….Department. for and on behalf of the Governor.

Government of Sikkim's decision

1.1 Pursuant to the Ministry of Home Affairs, Department of Personnel and Administrative Reforms, New Delhi, letter No. 280/6/3/78-Estt.( ) of 6.8.79, the Governor of Sikkim is pleased to grant the special Casual Leave under Family Welfare Program to this State Government employees in accordance with the provisions detailed in the succeeding paragraphs.

1.2 Male Government Servant who undergo vasectomy operation under the Family Welfare Program may be granted special casual leave not exceeding six working days. If any employee undergoes vasectomy operation for the second time on account of the failure of the first operation, special casual leave not exceeding six day may be granted again 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.

1.3 (a) -Female Government employees who undergo tubectomy operations whether puerperal or non-puerperal may be granted special casual leave not exceeding 14 days.

(b) Female Government employees who have insertions of intrauterine- contraceptive devices may be granted special casual leave on the day of the IUD insertion. (c) Female Government employees who undergo Salpingectomy operation after Medical Termination of Pregnancy (MTP), may be granted special casual leave not exceeding 14 days.

1.4 (a) 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 Program) may be granted 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 employees is required to look after the wife during her convalescence.

(b) Male Government employees whose wives undergo tubectomy / salpingectomy operation after Medical Termination of Pregnancy (MTP) may be granted special casual leave upto 7 days subject to the production of 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 here convalescence.

1.5 A Government employee who requires special casual leave beyond the limits laid down for undergoing sterilization operations owing to the development of post-operation complications may be allowed special casual leave to cover the period for which he or she, is hospitalised on account of post-operational complications, subject to the production of a certificate from the concerned hospital authorities/an authorized medical attendant. In addition, the benefit of additional special casual leave may also be extended to the extent of seven days in case of vasectomy operation and fourteen days in case of tubectomy operation to such Government servants who after sterilisation operation do not remain hospitalised, 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.

1.6 A Government employees who undergo operation for recanalisation may be granted special casual leave upto a period of 21 days or actual period of hospitalisation as certified by the authorised 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 conditions: -

(i) 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 Administrative for performing recanalisation operations.

(ii) 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 hospitalisation of the Government servant for the period stipulated therein was essential for the operation and post-operation recovery.

The concession indicated above is admissible to Government employees who: -

(a) are unmarried or

(b) have less than two children or

(c) desires recanalisation for substantial reasons e.g. a person has lost all male children or all female children after vasectomy/tubectomy operation performed earlier.

1.7 Special Casual leave connected with sterilization/ recanalisation may be prefixed to regular leave. It cannot however be combined with casual leave or suffixed to regular leave.

2.1 In amplification of the Rule 44(2) of the Sikkim Government Service (Leave) Rules, 1982, the State Government of Sikkim is pleased to order as follows: -

2.1.1 180 days out of the total full pay leave earned and standing at the credit of a Government employee as on 31.3.1981 shall be carried forward and credited to his/her leave account.

2.1.2 Leave in excess of 180 days is allowed to be encashed under the following conditions: -

(i) Half of the total amount of leave at credit in excess of 180 day not exceeding 6 months (180 days). The amount of leave in excess of credit and encashment allowed under paras 1 and 2 above, shall lapse.

(ii) Each and every case of encashment of leave in accordance with / this order shall be referred to the Establishment Department for clearance duly completing the entries in the statement, the specimen of which is enclosed. The statement shall be certified by the Head of Department concerned to confirm that the information furnished therein are correct as per entries made in the old leave account. The statement along with the updated leave account and new leave account shall be forwarded to the Establishment Department in the individual appointment file.

(iii) For the purpose of this order the encashment shall be at the rate of basic pay only as on 31.3.1981.

(iv) Income tax on the total arrear amount shall be payable.

(v). half of the total amount resulting from encashment shall be credited to the General Provident fund of the concerned government employee and the other half will be paid in cash.

(vi). In regard to the Contributory Fund, if any, there shall be no matching contribution by the Government.

2.2 The encashment of leave in accordance with this order, shall be admissible to the members of the All India Service who are born on the State of Sikkim Cadre.

3.1 Attention of all Government Employees is invited to the Sikkim Government Service (Leave) Rules, 1982 according to which, medical certificates are required to be submitted along with the leave application.

3.2 The State Government has taken a decision to accept only those medical certificates issued by a Registered Medical Practitioner and Government Medical Doctors for the purpose of leave. Certificates/Reports issued by the Medical Board for special disability leave as required under Rule 23 and special concessions under Rule 29 of the Sikkim Government Service (Leave) Rules, 1982 will, however, continue to be entertained and no medical certificate issued by any individual Medical Doctor or a private Medical Practitioner will be accepted.

3.3 Secretaries/Heads of Departments are requested to bring the above to the notice of all officials working under them.

4.1 The Government of Sikkim has enhanced the existing maximum limit of accumulation of Earned Leave from 180 days to 240 days w.e.f. 1.4.87 vide O.M.No.J(2)33/Gen/Est. dated 24th April, 1987. Under the circumstances a Government servant can accumulate Earned Leave upto 240 days after 1.4.87. If any Government servant has 180 days Earned Leave at his credit as on 31.3.87, Earned Leave earned by him after 1.4.87 should be added in his leave account.

4.2 In order to avoid any miscalculation in the leave account while implementing the above mentioned order of the Government, it is circulated for information and guidance of all concerned that the leave account of all Government Servants to whom Sikkim Government Service (Leave) Rules, 1982 apply should be closed as on 31.3.87 limiting accumulation of Earned Leave of 180 days wherever necessary. Earned Leave should be calculated afresh from 1.4.87 onwards and leave thus earned should be added to amount of leave standing at the credit as on 31.3.87 and such amount of Earned Leave should not exceed 240 days.

4.3 Secretary and Heads of Departments are requested to ensure that the instructions contained herein - above are followed strictly by all concerned.

5.1 Attention is invited to the provisions laid down in Circular No. M(3)/172/Gen/Est. dated 17.4.86 (copy enclosed), wherein it was decided to accept the medical certificates issued by a registered Medical Practitioners and Medical Doctors for the purpose of grant of leave. As per the provisions laid down in Rule 10 of the Sikkim Government Service (Leave) Rules, 1982, leave, except in cases requiring immediate medical attendance, should be applied for at least one month before the date on which leave commences. Therefore, where leave is applied on medical ground, the condition of applying for leave one month in advance is exempted. However, it has come to the notice of the Government that the request for leave on medical ground is being made without enclosing medical certificate.

5.2 The Government has now decided that the application for leave on medical ground and commuted leave under Rule 19 of SCS (Leave) Rules, 1982, should invariably be supported by a medical certificate issued by the Government Medical Officers/Government Hospitals. It has further been decided that the request of Govt servants for review of transfer orders on medical ground should be supported by the medical certificate from the Medical Board duly constituted by the Secretary, Health & Family Welfare Department.

5.3 The provisions contained in this Department circular quoted above shall stand modified to this extent.

5.4 In all other cases, request for grant of leave should be submitted in writing for at least one month before the date of commencement of leave.

6.1 Consequent upon sanction of Interim Relief to the State Government employee's w.e.f. 1.4.91 vide Finance Department Notification No.081Fin/Adm/19 dated 23.9.91, it is clarified that the said Interim Relief will be admissible while encashing leave under rule 39 of the Sikkim Government Service (Leave) Rules, 1982.

6.2 This Department Circular No.79/Gen/Est. dated 27.6.83 stands modified to this extent.

7.1 Whereas the building housing the Roads and Bridges Department, Building and Housing Department and Public Health Engineering Department was gutted in fire on 18.2.91 when the service records of almost all the employees working under these departments were destroyed and it became necessary to rebuild the lost service records.

7.2 And whereas the Government constituted a Committee to fix the norms for calculation of leave in respect of those employees whose service records were destroyed. The Committee submitted its report.

7.3 Now, after considering the report submitted by the Committee, the Government has been pleased to order as follows: -

(1) Where irrefutable evidence like Office Order sanctioning leave or encashment of leave indicating the quantum of Earned Leave at credit issued quite reasonably close to 18.2.91 is available, the Earned Leave shown as balance in the said Office Order shall be credited as balance as on 18.2.91 in the leave account and further calculation shall be made as per rules. The employee concerned shall file an affidavit indicating the quantum and nature of leave availed after the said Office Order was issued but prior to 18.2.91. If at any stage, after the affirmation of affidavit it is found that the information furnished through affidavit is false, action shall be taken against the employee concerned.

(2) Where there are no irrefutable evidence as mentioned in (1) above, but there are records to show that encashment of Earned Leave was sanctioned prior to 18.2.91 and the said record does not reveal quantum of Earned Leave due at credit at the time of such encashment of leave, amount of Earned Leave at credit on the date of issue of such order shall be presumed to be 210 days. Thus, after deducting 30 days of Earned Leave after encashment, 180 days of Earned Leave shall be taken as the balance in the credit in the leave account on the date on which the Office Order was issued. Further calculation of Earned Leave after that date shall be made as per rules. The employee concerned shall file an affidavit indicating the quantum and nature of leave availed prior to 18.2.91. If, at any stage after the affirmation of affidavit, it is found that the information furnished through affidavit is false, action shall be taken against the employee concerned.

(3) In the cases where no record whatsoever is available, the amount of Earned Leave at credit as on 18.2.91 shall be presumed on the basis of the norms indicated below: -

A (i) in relation to employees who had rendered at least 8 years of service on 18.2.91

-maximum accumulation - 240 days

-less presumed encashment of leave - 30 days

-balance - 210 days

-less 25% of the balance - 52 days

-Net amount of Earned Leave at credit as on 18.2.91. 158 days

(ii) in relation to employees who had rendered less than 8 years of service on 18.2.91 -

-maximum accumulation of Earned leave = No. of completed year of service x 30

-Less 25% of the accumulated Earned Leave

-Net amount of Earned Leave to be = maximum accumulation minus 25% thereof, credited.

(B) (i). Half pay leave shall be calculated in the following manner: -

Employees appointed on regular establishment on or before 31.3.81

(a) total number of years of continuous service from the date of appointment till 31.3.81 x 30 = total number of days of half pay leave.

(b) total completed years of service after 1.4.81 till 18.2.91 x 20 = total number of days of half pay leave.

(c) gross half pay leave at credit = (a) + (b)

(d) net amount of half pay leave as on 18.2.91 = gross amount of half pay leave minus 30% thereof.

(ii) Employees appointed after 1.4.81 -

(a) total completed years of service till 18.x.91 x 20 = gross amount of half pay leave.

(b) Net half pay leave to be credited in leave account as on 18.2.91 = Gross amount of half pay leave minus 25% thereof.

7.4 The calculation of Earned Leave and half pay leave in the manner indicated herein above shall be for the period upto 18.2.91 and, therefore, the leave account beyond 18.2.91 shall be maintained in accordance with the normal rules by carrying forward the Earned Leave and half pay leave at credit as on 18.2.91

8.1 Attention is invited to Rule 8 of the Sikkim Government Service (Leave) Rules, 1982. According to this rule, an application for leave or extension of leave has to be made in the prescribed form which is annexed as Form I to the said rules.

8.2 It has, however, been observed that leave or extension of leave is not being applied in the prescribed form.

8.3 All Secretaries/Heads of Departments are, therefore, requested kindly to ensure that the application for leave or extension thereof is made by the officers and staff in the prescribed form (a copy of which is enclosed herewith for ready reference).

9.1 Clarifications have been sought for on how to adjust the leave admissible to the vacation personnel who have been categorized as non- vacation vide Notification No. 922/Gen/Est. dated 1.3.90. The matter was examined in depth and decided as under: -

(i) Half Pay Leave amount earned by the vacation personnel till 28.2.90 may be converted and credited to the earned leave account by debiting double the number of days in Half Pay Leave subject to maximum of 240 days.

(ii) Prior to above, the persons on vacation department shall be allowed to encash leave from HPL account for block year 1991-93 in terms of Notification No.J(2)392/Gen/Est. dated 28.3.88.

(iii) After encashment of leave as per (ii) above, the balance leave in Half Pay Leave may be credited to earned leave account operating w.e.f. 1.3.90 in the same manner as suggested at (i) above

(iv) On reversion, of a person from non-vacation to vacation department, the earned leave shall be converted in Half Pay Leave.

10.1 The following two Notifications have been issued one after the other enhancing the rate of earning of half pay leave by vacation employees from 20 days for each completed year of service to 30 days (from 8.9.94) and 50 days (from 1.10.94).

(i) Notification No. 27/Gen/DOP dated 30.8.94(Published in Gazette on 8.9.94 and applicable from 8.9.94).

(ii) Notification No. J(2)/31/Gen/DOP dated 27.9.94 (Published in Gazette on 1.10.94 and applicable from 1.10. 94 ).

10.2 To facilitate proper implementation of these notifications in respect of leave Accounts of vacation employees, it has been found necessary to issue the following instructions: -

10.3 The vacation employees were eligible for leave on half pay at 20 days in respect of each completed year of service till 7. 9. 94 at 30 days from 8.9.94 to 30.9.94 and at 50 days from 1.10.94. The half pay leave account of these employees may be completed on 7.9.94. The credit of half pay leave for the period less than a completed year of service till 7. 9. 94 may be calculated at 513 days per month. For this purpose, a fraction of 15 days or more but less than 30 days may be rounded to next month. For example, if a vacation employee had completed year of service on 20.4.94, the service from 21.4.94 to 7.9.94 comes to 4 months 17 days. This will be rounded to 5 months and half pay leave to be credited will be 5x5 = 8 1/3 which will be rounded to 8 days, fraction of less than half day being ignored and fraction of half day or more being reckoned one day. For the period from 8.9.94 to 30.9.94, a credit of 2 days half pay leave may be given at the rate of 30 days per completed year of service. From 1.10.94 completed years of service can be reckoned and credit of half pay leave may be given at the rate of 50 days per completed year of service.

10.4 In respect of employees transferred from non-vacation department to vacation department, the earning of earned leave will cease from the date of joining vacation department and the earning of half pay will be at the relevant vacation rate (30 days from 8.9.94 and 50 days from 1.10.94 for each completed year of service). The half pay leave account at the non-vacation rate of earning will be completed on the date of joining the vacation department in the manner explained in paragraph 1 above.

10.5 In respect of employees transferred from vacation to non-vacation department, the employees will start earning earned leave and will earn half pay leave at 20 days for each completed year of service from the date of joining the non-vacation department. His half pay leave account in vacation department will be completed on that date at the old rate of 30 days from 7.9.94 and 50 days from 1.10.94 for each completed year of service. For portion of service less than a completed year, completed months may be calculated as explained in paragraph 1 above. The credit will be calculated by multiplying number of completed months by 25/6, if the previous rate of earning half pay leave was 50 days for each completed year of service. Fraction of half day or more will be rounded to next day.