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Leave Not Due Rules

Authority: AP LR Rule 15-C and 18-C

Eligibility: All permanent employees

Availment: When HPL is not at credit, it may be sanctioned on Medical Certificate only.

Effect: Deducted from future credit of HPL account

Leave Salary: Same as in HPL

Limitation: 180 days during entire service.

Recovery: If any employee resigns / retires voluntarily after availing this leave and before wiping off the minus balance, the leave salary paid for minus balance should be recovered. In case of medical invalidation / death, recovery will not be insisted.

Leave Not Due Rules:

1. If no balance of H.P.L/EL, Leave not due is given
2. To be granted on Medical certificate only.
3. Maximum limit for availment is 180 days during entire service.
4. Deducted from H.P.L. account against future credit.
5. If retired voluntarily or resigned after availing leave not due before the adjustment of minus balance, leave salary paid should be recovered.
6. If retirement is on medical invalidation or death recovery will not be insisted.
7. Sanctioning authority has to believe that the Government servant will return to duty on expiry of leave.
8. The leave not due should be limited to the H.P.L, he is likely to earn thereafter.

18-C: Save in the case of leave preparatory to retirement leave not due may be granted to a permanent Government servant in last grade service only on medical certificate for a period not exceeding 180 days during the entire service. Such leave will be debited against the half pay leave the Government servant may earn subsequently. AP Telangana Leave Not Due Rules.

(1): Leave not due should be granted only if the authority empowered to sanction leave is satisfied that there is a reasonable prospect of the Government servant returning to duty on the expiry of the leave and it should be limited to the half pay leave he is likely to earn thereafter.

(2): Where a Government servant who has been granted leave not due under this clause applies for permission to retire voluntarily, the leave not due shall, if the permission is granted, be cancelled.

(3): With reference to Note (2), the retirement in such cases shall have effect from the date on which such leave commenced. An undertaking to this effect should, therefore, be taken from Government servants who
avail of leave not due. The question whether a Government servant should be called upon to refund the amount of leave salary should be decided on the merits of each case. E.g. if the retirement is voluntary, refund should be enforced. If it is unavoidable by reasons of ill health incapacitating him for further service, no refund need be insisted upon. ( AP Telangana Leave Not Due Rules )

It has further been decided that when leave not due is granted to Government servant under the above rule and he applies for permission to retire voluntarily or resigns of his won volition at any time after returning to duty, the question of refund of leave salary in respect of leave not due already availed of before return to duty shall, to the extent it has not been subsequently wiped off, be treated in the same way as laid down in the preceding paragraph.
(G.O.Ms.No. 453 Fin Department Dated: 07-12-1971)

(4): In cases where a Government servant who was granted -Leave not due- has to retire under ?The Premature Retirement Rules 1975? he need not be called upon to refund the leave salary for the period of- Leave not due to the extent it could not be earned.

This will not cover cases of voluntary retirement under the premature Retirement Rules 1975.
(G.O.Ms.No 290 Fin. Dated: 19-11-1981) ( AP Telangana Leave Not Due Rules )

(5): In cases where a Government servant is compulsorily retired from service as a measure of penalty under The Andhra Pradesh Civil Service (Control, Classification and Appeal) Rules 1963, the recovery need not be
insisted upon.
(G.O.Ms.No 290 Fin. Dated: 19-11-1981

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