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Extra Ordinary Leave Rules

Concept: Leave granted when no other leave is admissible, but it can also be granted even when other leave being                admissible.
Authority: FR 85, Rule 16,19,23(a)(ii) of APLR

Admissibility: Temp./ Permanent
Period: Not more than 5 years
Availment: On personal affairs/on medical grounds
Leave Salary: No salary
Effect: EOL on MC counts for increment, pension
          EOL on pvt. Affairs – not count for increment, counted upto 3 years for pension, EL account will be deducted           by 1/10th.
Sanctioning Authority: Upto 6 months – HOD, 6 Months above that – Govt 

 

Extra Ordinary Leave Rules Details

 

  1. May be granted to a permanent Government Servant in superior service and last grade service in special circumstances.

  2. When no other leave is available.

  3. When leave is available, but if the Government servant request for grant of EOL in writing.

  4. The sanctioning authority can treat the period of absence without leave into E.O.L. and dies –non

  5. Maximum period for absent on leave of any kind is 5 years, in case of permanent Government employee.FR 18

  6. For non-permanent Government servant E.O.L. shall not exceed 3 months.

  7. If completed 3 years of service – 6 months on production of Medical Certificate.

  8. For undergoing treatment (T.B., Leprosy) – 18 months.

  9. For SC’s and ST’s HOD can sanctioned E.O.L. for 12 months for Cancer or Mental Illness.

  10. HOD can sanctioned E.O.L. to SC’s and ST’s for 24 months for prosecuting studies.

  11. E.O.L. granted on medical certificate counts for qualifying service.

  12. Gazetted Officers are to submit medical certificate from a doctor not below the rank of Civil Surgeon.

  13. N.G.Os and last grade employees are to submit medical certificate from not below the rank of civil surgeon.

  14. HOD can permit E.O.L. on M.C. for not more than 6 months to count for grant of increment.

  15. In case of E.O.L. on M.C. exceeding 6 months Government is competent to count for grant of increment.

 

Extraordinary leave to be treated as duty period

 

  • In a major relief to suspended or dismissed government employees, the state government has decided to consider the extraordinary leave granted to them during suspension or dismissal for the purpose of notional increments and pensions after their suspension is revoked.

  • The state government issued orders to this effect on Monday amending the existing laws. If any government employee is suspended or dismissed, after all his leaves are exhausted, the suspension period is treated as extraordinary leave.

  • It has come to the notice of the finance department that in many cases either the High Court or AP Administrative Tribunal, while acquitting the employees of criminal appeals, ordered regularisation of the suspension or dismissal period as ‘not duty’ and consideration of the interregnum period between suspension/dismissal and reinstatement for giving pension and paying interest.

  • Considering such cases, the law department, while citing apex court judgments, said the suspension period and the interregnum period between the date of dismissal and reinstatement of a public servant be counted for purpose of pension.

  • But there is no provision in Fundamental Rules for such payments to the public servants for any pay and allowances for the above periods except the subsistence allowance.

  • It is observed that in cases where there is long pendency of litigation, there is no benefit due to conversion of leave of any kind due and admissible to the public servant since the public servant would not have such long period of leave to his credit. Therefore, if such long periods are treated as extraordinary leave, they will not count for increment but affect pay and allowances culminating in the reduction of pension. The long pendency of trial in a lower court and also in the appellate court may not be attributable to the public servant.

  • In such instances the extraordinary leave granted for regularising the suspension or dismissal period can be counted for giving pension and notional increments at the request of the individuals.

  • As there is no provision now in Fundamental Rules for counting the ‘not duty’ period for purpose of leave, increments and pension, the government has amended the relevant clauses now.

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