Study Leave to Rajasthan Government Employees
Study Leave to Rajasthan Government Employees under Rule-109 of RSR-
Applicability.—The following rules relate to Study leave only. They are not intended to meet the cases of Government servants deputed to other countries at the instance of Government, either for the performance of special duties imposed on them or for the investigation of specific problems connected with their technical duties. Such cases will be dealt with on their- merits under the provisions of Rule 51.
*110. Admissibility of study Leave.- (1) Study leave will be admissible to a permanent Government servant to pursue course of study or investigation of a scientific or technical nature which in the opinion of the sanctioning authority is considered necessary in the public interest for the working of the department in which he is employed. It will ordinarily be not granted to a Government servant who has completed 20 years of service or more.
(2) Notwithstanding the provisions contained in sub-rule (1) study leave will also be admissible to a temporary Government servant who has
* Subsitituted vide FD No.F.1(44)FD/Gr.2/79 dt. 24.12.1979
@ “110. Admissibility of study leave. — Study leave will be admissible to a permanent Government servant to pursue a course of study which is necessary in public interest for the working of the depa-
rtment in which he is employed.
Exceptions.
£ 1. Teachers of Education Department whether temporary/ permanent/Officiating who undergo professional training on or after 1-7-1965 shall be entitled to study leave under this rule provided they had been appointed before 31-3-1963.
£ Inserted vide FD Noti. No.F1(56)FD(E-R)/66 dated 6-09-1966 w.e.f. 1-7-1965.
*2. Temporary Government servants who are members of Scheduled Castes / Tribes and have completed 3 years continuous service shall be entitled to study leave under this rule provided that the initial appointment was made on the advice of R.P.S.C. in case the post was within the purview of the R.P.S.C., while in other cases appointment should have been made in accordance with rules for regular direct recruitment under the service rules concerned.”
* Inserted vide FD Noti.No.F.1(56)FD(Gr.2)76 dated 13-5-1976.
Government of Rajasthan’s Decision.
^Under Rule 110 of the Rajasthan Service Rules, it has been decided to extend the study Leave Rules contained in section VI, Chapter XI of Rajasthan Service Rules to the Government employees belonging to Scheduled Castes and Scheduled Tribes for the purpose of prosecuting, higher studies.”
^ Inserted vide FD No.I.D.4494/F.7A(21)FDA/Rules/59 dated 17-08-1959.
@ Substituted vide F D Notification No. F. 1 (53) FD (E-R)/65, dated 18-10-1965 for—
- 110. Study Leave, will be ordinarily admissible to Government servants serving in the Public Health, Medical and Medical Research Departments, the Civil Veterinary Department, the Factory Department, the Agriculture Department, the Education Department, the Public Works Department and the Forest Departm
The rules may be extended by Government to any Government servant not belonging to any of the departments mentioned above, in whose case Government is satisfied that leave should be granted, in the public interests, to pursue a special course of study or investigation of a scientific or technical nature.
completed three years continuous service provided that the initial appointment has been made on the advice of the Rajasthan Public Service Commission in case the post falls within the purview of the Rajasthan Public Service Commission or the appointment has been made by the competent authority in accordance with the rules regulating recruitment and conditions of service framed under proviso to Article 309 of the Constitution or where such rules have not been framed the appointment has been made by the competent authority in accordance with the orders issued by the Government prescribing academic qualification, experience etc.
(3) In case of a temporary Government servant who has completed three years continuous service and is not covered by provisions of sub-rule (2) above extra ordinary leave may be granted for a period of two years for purpose of prosecuting higher studies certified to be in the public interest in relaxation of provision contained in rule 96 (b) of Rajasthan Service Rules.
Note-.—1. Diploma holders in any branch of engineering who are entitled to study leave under sub-rule (1) & (2) above may be granted study leave for a period of 24 months and in addition any kind of leave due and admissible to them upto a period of one year to enable them to obtain a degree in engineering. In case any other kind of leave is not due and admissible he may be granted extra ordinary leave not exceeding one year in addition to study leave admissible to him under this rule.
Temporary diploma holders in any branch of engineering who have completed continuous three years service and are not covered by the provisions contained in note 1 above may be granted extra ordinary leave for a period not exceeding three years for the purpose of obtaining a degree in Engineering from any University in relaxation of the provisions contained in rule 96 (b) of Rajasthan Service Rules.
@112. Condition for grant of Study leave. — (I) Study leave shall be granted to enable a Government servant: —
= Inserted vide FD Circular No. F.1(3)FD/Rules/2002 dated 20.2.2004
* Deleted vide F. D. Notification No. F. 1(44) FD (Gr. 2)/79 dated 24-12-1979
- 111. Conditions for grant of Study Lea—Study Leave will be granted only if the sanctioning authority is of the opinion that leave should be granted in the public interests to pursue a special course of study or investigation of a scientific or technical nature. It will not be admissible to a Government servant % [ ] who has completed 20 years of service.
NOTES.
- The restriction “regarding grant of Study Leave to officers who have completed 20 years of service may be relaxed provided the Government servant undertakes to serve the Government
for a period of five years after his return from leave or to refund the cost of Study Leave to Government
in the event of his not being able to serve the Government for a period of five years.
@ 2. Deleted.
% Deleted “of less than 5 years of service or” vide FD Noti.No. F.1(53)FD(E-R)/65 dated 18-10-1965.
@ Deleted vide F.D. Notification No, F. 1(23) FD (Gr. 2)/76 dated 13-5-1976, the following:—
£”2 The restriction regarding minimum service of 5 years for eligibility to study leave shall not be enforced in the case of Government servant belonging to scheduled castes and Scheduled Tribes. They will be eligible to get study leave after service of 3 years,”
£ Inserted vide F.D- Order No. F. 7A (34) F.D- A. (Rules) 60 dated 18-11-1960.
@ Substituted vide F.D. Notification No. F. 1(24) FD (Gr.2)/79, dated 16-6 1979 for—
“112. (1) Study leave, *(for) the purpose of study may be taken either in India or outside
India. It may be combined with such other leave as the Government servant is entitled to. In no case
(i) to pursue a course of study or investigation of a scientific or technical nature either in India or outside India provided that it is certified by the authority competent to sanction that the grant of study leave will be in the interest of the working of the department or the service to which the Government servant belongs. The authority competent to grant study leave shall ensure that it is not granted to a Government servant with such frequency work or to cause cadre difficulties owing to his as to remove him from contact with his regular absence on leave. A period of 12 months at one time should ordinarily be regarded as a suitable maximum and should not be exceeded save for exceptional reasons.
%(ii) The total period of study leave during the entire period of service of a Government servant shall not be more than 24 months. It may be taken in one spell or more than one spell. Study leave may be combined with other kinds of leave, but in no case shall the grant of this leave in combination with leave, other than extra-ordinary leave, involve a total absence of more than twenty-eight months from the regular duties of the Government servant.
*(2) Study Leave is extra leave on half pay and leave salary during such leave shall be regulated in accordance with rule 97 (2).
- mbination of study leave with other leave.—A Government servant whose study leave is combined with any other kind of leave should be required to take his period of Study Leave such a time as to retain, at its conclusion, a balance of other previously sanctioned leave sufficient to cover the period spent in returing to duty,
- Procedure when study period falls short of period of leave:—When a Government servant has been granted a definite period of Study Leave and finds subsequently that his course of study will fall short of the sanctioned period to any considerable exent his absence from duty should be reduced by the excess period of study leave unless he produces the assent of the sanctioning authority to take it as ordinary leave.
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should the grant of this leave, in combination with leave other than extraordinary leave or leave on medical certificate, involve an absence of over 24 months from a Government servant’s regular duties, or exceed two years in the whole period of a Government servant’s service; nor should it be granted with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave. A period of 12 months at one time should, ordinarily be regarded as a suitable maximum, and should not be exceeded save for exceptional reasons.
*The words “which is extra leave on half average pay or half average substantive pay, whichever may be greater subject in either case to a maximum of Rs. 750” deleted by F. D. Order No. F. 35 (7) F.II/53, dated 2-5-1953.
% Substituted vide F.D. Notification No. F. 1 (24) FD (Gr. 2)/79, Dated 10-9-1984, for: —
“(ii) The total period of study leave during the entire period of service of a Government servant shall not be more than 24 months. It may be taken in one spell or more than one spell and can also be taken in combination with any other kind of leave than extra ordinary leave.”
* Inserted vide F.D. Order No. F. 35 (7) F.ll/53, dated 9-5-1953 and FD order No. F. 12 (2) F.D. /53 dated 9-12-1953.
- Submission of application for Study Leave.—Except as pro- vided in Rule 116 all applications for study leave should be submitted with the
+ [Chief Accounts Officer’s/Senior Account officer/Account officer as the case may be] certificate to @ [competent authority] and the course or courses of study contemplated and any examination which the candidate proposes to undergo should be clearly specified therein. In the case of Study Leave outside India if he wishes to make any changes in the programme which has been approved by the competent authority he should submit particulars of such changes to the sanctioning authority and should not, unless prepared to do so at his own risk, commence the course of study, nor incur any expenses in connection therewith, until he receives approval to the course.
- Conversion of leave into Study Leave. —Government servants on leave in Europe or America who wish to convert part of the leave into Study Leave or to undertake a course of study during leave, should before commencing study and before, incurring any expenses in connection therewith, submit a programme of their proposed course of study to the Government. The programme should be accompanied by an official syllabus of the course, if one is available, and by any documentary evidence of the particular course.
*117. Study Allowance. —Government may prescribe the rate of study allowance for the period spent in prosecuting a definite course of study at a recognised institution or in any definite tour of inspection of any special class of work, as well as for the period covered by any examination at the end of the course of study.
- Study Allowance for vacation. —Study Allowance be admissible upto 14 days for any period of vacation. A period during which a Government servant interrupts his course for his own convenience cannot be considered as vacation. Study allowance may be given at the discretion of the Government for any period upto fourteen days at one time during which the officer is prevented by sickness duly certified by a medical practitioner from pursuing the sanctioned course of study. In the case of a Government servant retiring from the service without returning to duty after a period of Study Leave the study Allowance will be forefeited. The study leave will be converted into ordinary leave to the extent of the ordinary leave standing to his credit at the date of retirement. Any balance of the period of Study Leave mentioned above, which cannot be so converted will be excluded in reckoning service for pension.
+ Substituted vide F.D. Notification No. F. 1 (44) F.D. (Gr.2)/79, dated 24-2-1984 for the word
“Audit officers.”
@ Substituted for the words “Government through the Head of deptt.” by F.D. Order No. F. 6(11) FD (A) Rules/58, dated 28-2-1959.
* Substituted vide F.D. Order No. F.7.A. (50) F.D.A. (Rules) 59-II dated 28-4-1961-
“117. A Study Allowance will be granted for the period spent in prosecuting a definite course of study at a recognised institution or any definite tour of inspection of any special class of work; as well as for the period covered by any examination at the end of the course of study. The rates will be the same as prescribed by the Government of India for Government servants under their rule making authority.”
- Fee for Course of Study. —Government servants who are granted study leave are ordinarily required to meet the cost of fees paid for courses of study. In exceptional cases the Government will be prepared to consider proposals that such fees should be paid by Government.
Government of Rajasthan’s Decisions
@ 1. The Government have had under consideration the question whether a Government servant, who is granted study leave, may be permitted to receive and retain, in addition to his leave salary, any scholarship or stipend that may be awarded to him from Government or non-Government source.
After careful consideration of the matter it has been decided as follows:–
(i) A Government servant who is granted study leave to prosecute a course of studies or for recieving specialised training in pro- fessional or technical subject, may be permitted to receive and retain, in addition to his leave salary, any scholarship or stipend that may be awarded to him from a Government or non- Government source.
(ii) Where a Government servant on study leave is in receipt of a scholarship or stipend (from whatever source granted), the cost of the fees payable for the course of study may not be paid by Government under Rule 119 of the Study Leave Rules.
%2. In continuation of Government of Rajasthan’s Decision No. 1 inserted vide Finance Department Memo, dated 13-1-60 it has further been ordered that a Government servant on study leave who is in receipt of a Scholarship or Stipend (from whatever source granted), should ordinarily not be granted any study allowance; but in special cases where the net amount of the Scholarship or Stipend (i.e. the value of the scholarship or Stipend, minus any tution fee paid) is less than the study allowance that would be admissible but for the Scholarship or Stipend the difference between the value of the net Scholarship or stipend and the usual study allowance may be granted by special sanction of the Government.
- Certificate of completion of course. —On completion of a course of study a certificate on the proper form, together with certificates of examinations passed or of special study shall be forwarded to Government.
- Counting of Study leave for promotion and pension. —Study leave will count as service for promotion and pension, but it will not affect any leave which may already be due to a Government servant. It will count as
@ Inserted vide F. D. No. D. 3942/69 F.7.A (50) F.D.A. (Rules)/59, dated 13-1-1960.
% Inserted vide F.D. Order No. F.7.A.(50) F.D. (A) Rules/59-I, dated 28-4-1961.
extra leave on @ [half pay] and will not be taken into account in reckoning the leave on half pay towards the maximum period admissible under the rules in Section II.
*121-A. Execution of Bond to serve the State. —Those who avail of the Study Leave admissible under the R.S.R., for training should execute bond to serve the State after conclusion of the training for a period shown in the following scale—
Priod of Study Leave Period for which bond is to be executed.
Three months One year.
Six months Two years.
One year Three years.
Two years Five years.
The form of the bond to be executed should be as given in the Appendix XVIII.
Government of Rajasthan’s Decisions.
^The question of the amount of penalty to be recovered from Government servants who are granted study leave for the purpose of study and who resign or retire from service without returning to duty after the period of study leave or at any time within the stipulated time after their return to duty has been under consideration. It has been decided that the amount of refund in such cases should be double the amount of leave salary, study allowance and the cost of fees and travelling and other expenses which will be paid to the Government servant during the period of study leave or otherwise incurred on him together with interest thereon. To achieve this purpose the form of bond prescribed in respect of study leave under rule 121-A vide Appendix XVIII of the Rajasthan Service Rules substituted by the forms (Form A & B).
In the case of study leave granted to a temporary Government servant in relaxation of study leave rules, the amount of penalty shall also be the same as in para I above.
There may also be cases where temporary Government servants who are granted extraordinary leave as a special case in relaxation of the rules in continuation of other regular leave for study in India or abroad subject to their giving an undertaking in writing to serve the Government for a specified period after the expiry of their leave it has been decided that in such cases also an undertaking should be obtained from the Government servant concerned in the Form C (in Appendix XVIII) before extra-ordinary leave in relaxation of the rules is granted. The amount of penalty to be filled in the form of the bond in these cases will also be worked out on the basis mentioned in para 1 above.
@ Substituted vide Notification No. F.1 (9) FD (Gr.2)/77 dated 26-5-1978 w.e.f. 1-9-1976 for “half average Pay or half average substantive pay as the case may be.”
* Inserted by F.D. Order F.10 (10) F.II/53, dated 22-8-1955
^ Inserted by F.D. Office Memorandum No. F.10 (10) F.II/53, dated 28-4-1961.
Clarification.
%1. A doubt has arisen as to how amount of penalty is to be calculated in respect of a Government servant who is granted extra-ordinary leave as a special case in relaxation of rules in continuation of other regular leave for study in India or abroad and who resign or retire from service without returning to duty after the period of leave or at any time within the stipulated time after his return to duty.
It is clarified that the amount of penalty to be filled in the Bond (Form
‘C’) for temporary Government servants granted extraordinary leave in relaxation of rule 96(b) of the Rajasthan Service Rules for study in India or abroad will be double the amount of the leave salary paid to the temporary Government servant on account of regular leave taken by him (if any) and the amount of expenditure which is likely to be incurred on the substitute appointed to perform duties in the leave vacancy of the incumbent proceeding on extraordinary leave.
*2. question has been raised whether the bond required to be executed by temporary Government servant granted extraordinary leave for prolonged periods in relaxation of rule 96(b) of the Rajasthan Service Rules in continuation of other regular leave, if any, due and admissible for study in India or abroad in terms of Government Decision below Rule 121 A and clarification made thereunder should be supported by a contract of guarantee by a surety or more than one surety to discharge the liability of the official in the event of any default on this part.
It has been decided that to ensure the fulfilment of the obligations under the bond by the Government servant concerned, it should invariably be supported by sureties from two permanent Government servants having a status comparable to or higher than that of the Government servant who is granted extraordinary leave in relaxation of the rules. A revised form of the bond in supersession of the one prescribed vide this Department Memorandum dated 28-4-1861 referred to in para 1 above is also included in appendix XVIII.
@3. In accordance with provisions of Rule 121 A of the Rajasthan Service Rules, Government servants who are granted study leave or extraordinary leave for purpose of study in India or abroad are required to execute a bond to serve the Government of Rajasthan for a specified period. Similarly those who are deputed for training abroad have to execute a bond. The form of bond are given in Appendix XVIII and XVIII-A of the Rajasthan Service Rules, Volume II.
As a result of transfer of Colleges to Universities in Rajasthan, service of teaching staff who were serving in Colleges were transferred to Universities. Some members of teaching staff were, however, under the Bond
% Inserted by F.D. Memo. No. F.1/38) F.D. (E. R.) 63, dated 14-11-1963.
* Inserted vide F.D. Memorandum No. F.1 (38) F. D. (E.R.)/64 dated 22-6-1964.
@ Inserted vide F.D. Memo No. F. 1 (87)F.D.(Rules)/62, dated 21-11-1969.
to serve the Government. The matter has been examined and it has been decided that for the purpose of Bond executed in terms of rules referred to in Paragraph 1 above the service rendered in the Universities of Rajasthan by such Government servants shall be treated as service under Government.
The decision contained in paragraph 2 above shall also apply to Government servants who on their own accord applied for direct recruitment and are appointed on teaching posts in Universities in Rajasthan or Malviya Regional Engineering College Jaipur.