*57. Leave earned by duty. – Leave is earned by duty only. For the purpose of this rule a period spent in foreign service counts as duty if contribution towards leave salary is paid on account of such period.
(* Inserted by F.D. Order No. F. 5(1) F. D(R) /56 dated 11-1-1956.)
Government of Rajasthan’s Decision
% 1. A number of Government servants had to remain without posting for various period during the process of integration of services. A question has been raised whether such periods will count for earning leave.
( % Inserted by F.D. No. F.23 (2) R/52, dated 7-1-1953.)
Since leave is earned by the actual performance of duty and no duty was performed by the Government servants concerned during such periods, it has been held that the periods in question will not count for earning leave, even though these may count for pension in terms of F.D. No. 23 (2)-R/52, dated 31-5-1952, (See Government of Rajasthan’s Decision No. 1 below Rule 180 of R.S.R.)
@2. Doubts have been expressed whether the terms “leave” referred to in Finance Department Memo. of even number dated 7-1-53 (reproduced as decision No.1) means only privilege leave or would include other kind of leave e.g. half pay leave also and whether the order will have retrospective effect. The matter has been examined. It has been held that the terms leave occurring in the said order refers to “privilege leave” or corresponding leave only and not to any other kind of leave. The order is to apply with retrospective effect but no recovery is to be made in cases of persons who retired before 7th January, 1953
( @ Inserted by F.D. Memo. No. F.23(2) R/52, dated 26-12-1953.)
(2) Leave accounts of Government servants, who remained unposted or ‘surplus’ should be revised in the light of Finance Department Memo. of 7-
1-53 (Decision No.1) as clarified in para 1 above. In the case of non gazetted employees this should be done by the Head of Offices concerned.
If any debit balance is caused by the revision on this basis of leave accounts of Government servants such balance should be adjusted against the leave to be earned in future.
57 A. How regulated in the case of Government servant governed by a different set of rules when holding post to which these rules apply— Unless in any case it be otherwise expressly provided by or under these rules, a Government servant transferred to a service or post to which these rules apply from a service or post to which they do not apply is not ordinarily entitled to leave under these rules in respect of duty performed before such transfer.
58. Leave in respect of service prior to discharge on re- employment or reinstatement.—(a) If a Government servant, who quits the public service on compensation or invalid pension or gratuity is re-employed and if his gratuity is thereupon refunded or his pension held wholly in abeyance, his past service thereby becoming pensionable on ultimate retirement, he may, at the discretion of the authority sanctioning the re- employment and to such extent as that authority may decide count his former service towards leave.
(b) A Government servant who is dismissed or removed from the public service, but is reinstated on appeal or revision, is entitled to count his former service for leave.
Audit Instructions
(1) The re-employment of a person who has retired on superannuation or retiring pension is generally an exceptional and temporary expedient. In such cases the service of the re-employed person should be regarded as temporary and his leave during the period of re-employment should be regulated by the rules applicable to temporary Government servants,
* (2) Deleted.
* Government of Rajasthan’s Decision
In cases where resignation of public service is not deemed as resignation within the meaning of rule 208 (b) of the Rajasthan Service Rules continuity of Service benefit should be allowed in the matter of leave also.
(* Audit Instruction No. (2) deleted and Government of Rajasthan's Decision inserted vide FD Memo No.F.1(34)FD/63, dated 28-12-1963, "(2) Resignation of the public service even though followed immediately by re-employment constitutes a forfeiture of past service for purposes of leave. )
**59. Leave cannot be claimed as right— Leave cannot be claimed as a right. Discreation is reserved to the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the public service; provided that any leave applied for and due as preparatory to retirement shall not be refused by such authority and it shall be refused in writing by the Government or by such authority to whom powers have been delegated in this behalf. The nature of leave due and applied for by a Government servant cannot be altered at the option of the sanctioning authority, and so while it is open to the authority competent to refuse or revoke leave due and applied for under this rule, it is not open to him to alter the nature of such leave.
(** Substituted vide FD Notification No. F.I (11)FD(Exp:-Rules)/67-I, dated 21-3.1967- "59 Leave cannot be claimed as a right. Discretion is reserved to the authority empowered to grant leave, to refuse or revoke leave at any time according to the exigencies of the public service. The nature of leave due and applied for by a Government servant cannot be altered at the option of the sanctioning authority. So, while it is open to the sanctioning authority to refuse or revoke leave due and applied for under this rule it is not open to him to alter the nature of such leave)
Government of Rajasthan’s Orders.
%Instances have come to notice of late where the interval of duty between two or more spells of leave availed of by the Government servants was only nominal. In such cases, the leave sanctioning authorities failed to check the attempt at evasion of leave rules by exercising their discretion under Rule 59 of Rajasthan Services Rule to refuse leave and granted the leave ignoring the spirit of the rules with the result that unintended benefit were derived by the Government servants concerned.
% Inserted vide FD Memo No, 2834/F.7A (21)FD-A (Rules)/58, dated 7-2-1959.
2. Under Rule 59 of Rajasthan Service Rules an authority empowered to grant leave has no power to interfere with the option admissible to a Government servant to take privilege leave or half pay leave as he may elect. Thus once leave is sanctioned, its nature cannot be altered by treating two separate spells of leave as a continuous one so as to obviate any unintended benefit being derived from the rules. The deliberate or intentional evasion of leave rules can, however, be checked by the leave sanctioning authorities by resort to refusal of leave under Rule 59 of R. S. R. as the case may be. It is, therefore, suggested that action may be taken to ensure that all cases in which a fresh spell of leave is applied for by Government servants after a short interval of duty, are carefully examined with a view to see that the spirit of the rules is observed and that the competent authorities refuse the leave by exercising the discretion vested in them under Rule 59 of R. S. R., if they have reason to believe that an attempt was being made to take undue advantage of the leave rules or to evade the spirit thereof.
*3. Requests are being received in Finance Department from the Administrative Department/Heads of Departments that one kind of leave sanctioned to the Government servants be converted into another kind of leave.
*Inserted vide F.D. Order No. F 1(25) FD (Gr.-2)/76 dated 14-5-1976.
The matter has been considered and the Governor has been pleased to order that in such a case the authority which granted him leave may commute it retrospectively into leave which was due and admissible to him at the time of leave was granted, provided that the request for commutation is received within a period of 3 months of the expiry of the said leave. It is further ordered that the commutation of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the Government servants i.e. any amount paid to him in excess shall be recovered or any arrears due to him shall be paid.
60. Commencement and end of leave. – Leave ordinarily begins on the day on which transfer of charge is effected and end on the day preceding that on which charge is resumed. When joining time is allowed to a Government servant returning from leave out of India the last day of his leave is the day before the arrival of the vessel in which he returns at her moving or anchorage in the port of debarkation or if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India.
**60-A. Address while on leave. – Every Government servant proceeding on leave must record on his application for leave, the address at which letters will find him during leave. Subsequent changes in address (during leave), if any, should likewise be intimated to the Head of the office or the Department as the case may be.
** Inserted by F.D. Order No. (1) (R)/56 dated 11-1-1956.
61. Combination of holiday with leave + [ ] – When the day immediately preceding the day on which a Government servants leave begins or immediately following the day on which his leave +[ ] expires is a holiday or one of a series of holidays, the Government servants may leave his station at the close of the day before, or return to it on the day following such holiday or series of holiday; provided that –
+ Deleted the words “or joining time” vide F.D. Noti. No. F.1(7) (Exp. Rules)/67-I, dated 23-2-1967.
(a) his transfer or assumption of charge does not involve the handing or taking over securities or of moneys other than a permanent advance :
(b) his early departure does not entitle a corresponding early transfer from another station of Government servants to perform his duties; and
(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it;
62. Power to exempt – On condition that the departing Government servant remains responsible for the moneys in his charge, a competent authority may declare that proviso (a) under Rule 61 is not applicable to any particular case.
63. Consequential arrangements when effective if holidays combined with leave — Unless the competent authority in any case otherwise directs :-
(a) If holidays are prefixed to leave, the leave and any consequent re- arrangement of pay and allowances take effect from the first day after the holidays, and
(b) If holiday are affixed to leave *[ ] time, the leave *[ ] is treated as having terminated on, and any consequent re-arrangement of pay and allowances take effect from the day on which the leave *[ ] would have ended if holidays had not be affixed.
* Deleted- the word's "or joining time" vide F.D. Noti. No. F.1 (7) FD.(Exp.Rules)/67, dated 23-2-1967.
@Government of Rajasthan’s Decision
@ Inserted vide F.D. Memo No, F. 1(25) FD (Exp. Rules)/66, dated 1-7-1966.
Finance Department Order dated 9-8-1962 appearing as “Clarification” below rule 35 of the Rajasthan Service Rules, regulates grant of additional pay under rule 50 in cases where dual arrangements are made for a period % of 30 days or more.
% Substituted vide F.D. Order No. F. 1(78) FD. Rules/71, dated 10-11-1971 for, "exceeding”.
A question has been raised as to whether the period of holidays prefixed and affixed to leave could be included in computing the period of dual arrangements and additional pay granted accordingly. Under the existing provisions such periods of holidays are not included in computing the period of dual arrangements and no additional pay is admissible.
The matter has been examined in the light of provisions of Rule 63 of R. S. R. and it has been decided that for the purpose of aforesaid order holidays pre-fixed and affixed to leave should be included in computing the period of dual arrangements and accordingly additional pay should be granted.
CLARIFICATION
$lt is observed that a restricted holiday is not exactly covered under Rule 7 (12) (b) of Rajasthan Service Rules, as it stands at present, because on a restricted holiday, the office is not closed for transaction of Government business without reserve or qualification. However, as the restricted holidays are akin to other closed holidays, it has been decided that restricted holiday can be prefixed or suffixed to regular leave or casual leave.
$ Inserted vide F.D. order No. F. l(49)F.D.(Gr. 2)/82 dated 15.9.1990
64. Acceptance of employment on leave. — (1) A Government servant on leave may not take any service or accept any employment % [including the setting up of a private professional practice as accountant, consultant, legal or medical practitioner] without obtaining previous sanction of Government.
% Inserted vide F.D. No. D. 6403/59, F. 7A(34)FDA.(Rules)/59, dated 30-11-1959.
*Note:— No permission under this Rule to take up any service oraccept employment shall be granted in respect of a Government servant taking employment with International Agencies or Statutory Bodies/ Public Sector concerns in Rajasthan beyond the period of 3 years or one year as the case may be.
* Inserted by F.D. Notification No. F.1(21)F.D.(Rules)/72, dated 18-8-1972.
%% (2) The leave salary of a Government servant who is permitted to take up employment under a Government or private employer during leave shall be subject to such restrictions as the Governor may by order prescribe.
%% Inserted vide F.D. Order No. F. 1(86) R/56, dated 12-8-1958.
NOTES.
1.This rule does not apply to casual literary work or to service as an examiner or similar employment nor does it apply to acceptance of foreign Service which is governed by Rule 141.
£2. This rule does not apply where a Government servant has been. allowed to take up limited amount of private practice and receive fees therefore as part of his conditions of service e.g. where a right of private practice has been granted to a Medical officer.
£ Inserted vide F.D. Memo No. F. 1(f)(16)F.D.A/R/57-I, dated 30.6.1961
XCLARIFICATION
XInserted vide F.D, Order No, F.1 (86) R/56, dated 12-8-1958.
lt is hereby made clear for the avoidance of doubt, that the restriction on leave salary imposed by Rule 64 (2) of R. S. R. will be equally applicable in the case of a Government servant in temporary employee who may be permitted to take up other employment under a State Government or under a private employer or employment payable from a local fund, during terminal leave or such other leave on the expiry of which he is not expected to return to duty.
It has further been decided that the restrictions referred to above shall also be applicable in the case of contract officers,