FIXATION OF PAY
Rule 28, 28A and 37(a) Part I K.S.R. related to fixation of Pay of officers on promotion to higher time scale of pay
Rule 28: When a substantive (Permanent) officer is appointed substantively to a higher time scale, fixation of pay will be done under Rule 28.
According to this rule pay in the higher post will be fixed at the next higher stage. This rule is applicable to cases of promotions/ appointments to posts when the minimum of the scale of pay exceeds Rs. 68700/- (w.e.f. 01-07-14) and the promotion is substantive.
Rule 28 A: This rule is applicable to all cases of promotions or appointments to posts carrying the scale of pay the minimum of which does not exceed Rs. 68,700/- If the minimum of the scale of pay of the higher post is Rs. 68,700/- or less Rule 28A will be applied in respect of whether the promotion to the higher post is in substantive or officiating capacity. This limit was Rs. 2640/- before
1-3-92 and Rs. 3900 w.e.f. 1-3-1992. The limit of Rs. 3900/- is raised to Rs. 12600/- w.e.f 1-3- 97 and raised to Rs. 20700/- w.e.f.1-7-2004. and Rs. 36140 w.e.f. 01-07-2009.
A re fixation of pay is also allowed whenever there is a change of pay in the lower times scale.
Earned leave will be worked out at the rate of 1/1 1 of the period spent on duty to a permanent officer in non vacation department.
A temporary officer earns earned leave at the rate 1/22 in respect of his first year of service and thereafter at the rate of 1/1 1. In the case of a temporary officer, the E.L. for the first year of service will be recalculated at the rate of 1/1 1 after three years.
1. The maximum E.L that can be accumulated: 180 days prior to 1- 12-
89 and 240 days from 1-12-89, 300 days w.e.f. l-11-98.
2. The maximum EL that can be availed at a time is 180 days.
3. E.L leave preparatory to retirement can be granted up to a maximum of 180 days, prior to 1-12-89 and 240 days on or after 1-12-89 and 300 days on or after 1-3-97. (Rule 77)
EARNED LEAVE TO OFFICERS IN VACATION
E.L. is not admissible if full vacation is availed. If posted for duty during part of the vacation EL admissible will be:
(Nx30)/V, where N= Number of days of duty in vacation and v= Total days of vacation. (Rule 81)
EL. in such case is rounded off ie, fraction below half is ignored and half and more rounded off to a day.
A temporary officer in vacation Dept. is not eligible for EL. during the first year of service even if prevented from enjoying vacation. (Rule 86)
E.L. SURRENDER
E.L. Surrender in a year is limited to a maximum at 30 days from in a year w.e.f. 01-4-2006. Leave salary for leave surrender will be calculated at 1/30 of the monthly salary irrespective of the month in which it is surrendered. (G.O. (P) 328/03/fin dt: 19 - 6 - 03)
SURRENDER AT THE TIME OF RETIREMENT OR DEATH
An employee can surrender EL. up to 300 days at his credit at the time of retirement. No application is necessary from the retired/retiring officer for such surrender of EL. Leave sanctioning authority can issue formal sanction and draw and disburse the leave salary. (G.O.(P) 108/81/Fin. dated 9-2-81).
If any employee dies while in service his legal heirs will be permitted to surrender E.L. at credit of the employee.
LEAVE SALARY DURING EARNED LEAVE
Full pay and allowances (except sp. allowance) HRA and other
Compensatory Allowances from 1-12-89 (GO(P)232/95/Fin dt. 21-3-95) will be paid.
HALF PAY LEAVE (RULE 82)
HPL admissible to officers will be at the rate of 20 days for each completed year of service. There is no maximum limit for accumulation and also for availing of HPL
EARNING OF HALF PAY LEAVE
HPL will be earned during all kinds of leave and ‘Dies-non’ other than LWA under Appendix XII A, XII B, XII C. L.W.A. under Rule 91 for study purpose will count for accumulation of HPL.(Cr. No. 72/05/Fin. dt. 30-12-05)
CALCULATION OF LEAVE SALARY FOR HPL
1. Half of the duty pay and DA admissible on half pay, if the pay of officer is above Rs. 35,700/- in the 2014 revised scale of pay (This limit was Rs.1100/- prior to 1-7- 88: Rs. 1370/- up to 1-3-92, Rs. 2000/- up to 28-2-1997, Rs 6500/- up to 31-03-2005, Rs 10790/- upto 30-6-2009, Rs. 18740/- up to 30-02-14
2. In case of any employee whose pay is Rs. 35,700/- or less H.P Leave Salary payable will be half of the duty pay plus DA admissible on full pay. If the total of the amount is less than 65% of the full pay and DA shortage will be allowed as special leave allowance.
3. HRA will be paid for the first 180 days of leave (G.O.(P) 448/95/ Fin. dt. 25-7-95)
COMMUTED LEAVE (RULE 84)
Commuted Leave is half the amount of HPL due granted on full pay. Admissible only to Permanent officers or to those who have completed 3 years continuous service.
No limit for granting commuted leave since 20-6-87. It can now be granted as Leave Preparatory Retirement also. HRA for first 180 days.
LEAVE NOT DUE (LND) (RULE 85)
LND is HPL granted in advance when no other leave is at the credit of the Officer. It is granted only to permanent officers. Maximum LND that can be granted during the entire service is 360 days. Out of this, 180 days is granted without M.C. during the entire service and should not exceed 90 days at a time. Leave salary: Same as in H.PL.
LEAVE WITHOUT ALLOWANCE (RULE 88)
Only permanent officers and those temporary officers who have a continuous service of three years or more are eligible for LWA exceeding
3 months at a time. Temporary officers put in less than 3 years service are eligible for LWA upto 3 months only at a time. LWA exceeding 4 months will be sanctioned by Government only.
Exception: In case of suspension period treated as LWA in excess of 4 months no sanction of Govt. is necessary. LWA can also be granted for taking up other employment, for post graduate course and for completion of training course.
L.W.A. on Medical Certificate will count for seniority, promotion, increment, higher grade, pension and accumulation of HPL - and will not count for E.L.
Leave on LWA on private affairs will not be counted for increment, Higher grade, Pension or accumulation of E.L.
No leave salary for LWA.
EX-GRATIA ALLOWANCE IN SOME CASES OF LWA R. 90 A
A Govt. officer gazetted or non-gazetted, drawing a basic pay not exceeding Rs. 68700/- p.m. who is granted LWA for the treatment of T.B, Leprosy, Cancer or Mental diseases may be granted an ex-gratia allowance equal to 35% of the basic pay he was drawing immediately before the commencement of the leave subject to a maximum of Rs. 24,045/- and a minimum of Rs 13740 G.O(P) No.93/2020/Fin dated 08-07-2020
1. The treatment may be as an in-patient, or as an out-patient under the direction of a civil surgeon.
2. Producing M.C. issued by a medical officer in charge of the sanatorium/
hospital or of a civil surgeon is necessary.
3. Allowance is payable to a temporary employee to a maximum period of 18 months and to a permanent employee to a maximum period of 36 months.
4. The employee should have at least, a continuous service exceeding 1 year. (See Rule 90 and 90 A).
COMMUTATION OF LEAVE (R. 76,89 AND G.D)
It is conversion of one kind of leave granted into another with retrospective effect. For this the officer should have been eligible for the leave applied for commutation at the time of original leave was sanctioned.
Example: An officer had 120 days of HPL at his credit on 1-10-08. He applied for LWA for 20 days from 1-10-08 and it was granted, On 15-6-09 he applied to commute the L.WA taken; from 1-10-08 as HPL. This can be allowed as at the time of original sanction of LWA. There was 120 days of HPL at his credit.
From 10-01-2013 no commutation of leave shall be permitted on expiry of one year from the date of sanction of leave. G.O(P) 23/203/Fin dt. 10-1-
2013.
MATERNITY LEAVE (R 100 & 101)
1. Women officers are eligible for a period of 180 days from the date of its commencement w.e.f. 01.04.09.
2. Any leave, without MC may be granted in continuation of maternity leave up to a maximum of 60 days.
3. In case of miscarriage including abortion ML may be granted not exceeding 6 weeks and this leave should be supported by a medical certificate.
4. Provisional female employees continuing in service beyond 1 year are also eligible for ML and abortion leave provided they would continue in service,but for proceeding on such leave.
5. Leave under Rule 100 Part I KSR will be granted to female officers in cases of hysterectomy (K¿`]m{Xw \o°w sNø¬) not exceeding
45 days on M.C. (G.O(P) 129/09/Fin. dt. 01-04-09). This leave is admissible to Part Time contingent employees also with effect from 22-6-2010 [G.O(P)21/2010 Fin. dt. 22-6-2010].
6. Maternity leave for the period of 180 days is admissible to Part Time employees also w.e.f. 10-8-2010. (G.O(P) 26/2010 P&AR dt.10.8.2010.
LEAVE SALARY DURING MATERNITY LEAVE
Full pay immediately before the commencement of ML. Increment will be given during the leave period, but enhanced rate of pay only after joining (Ruling to R. 100) upto 7-8-90
Monetary benefit of increment will also be allowed we.f. 8-8-90
PATERNITY LEAVE
Paternity leave for 10 days each for two delivery to male employees at the time of delivery of their wives on full pay. Can avail up to 10 days before or up to 3 months from the date of delivery of the child. Medical Certificate stating exact date of delivery necessary. w.e.f. 26-02-2011 (G.O(P)342/11/fin dt. 11-8-11)
CHILD ADOPTION LEAVE
W.e.f. 31.08.07. Child adoption leave will be granted to adoptive mothers with lower than two surviving children from the date of legal adoption of a child upto one year of age with full pay and allowances for 135 days. GO (P) 391/07/Fin dt. 31.08.07, G.O(P) 427/08/Fin. dt. 22-09-08. Enhanced to 180 days as per G.O(P) 55/2010 Fin dt. 6-2-10 w.e.f 6-2-10.
CASUAL LEAVE (APPENDIX VII KSR)
Casual leave is admissible to all officers including, those who have put in less than a year of service.
Other than teaching staff including H.M. in a calendar year: 20 days.
To teaching staff of educational institutions: 15 days.
Casual leave cannot be combined with any other kind of leave, joining time or vacation.
For every three days’s late attendance after the grace time of 10 minutes an officer will forfeit a day’s CL (Notes 1 and 2 to R 14 Part I KSR)
To teacher in leave vacancies: one day per month. Maximum 12 days in a year. Period of absence including holidays should not exceed 7 days w.e.f. 01-12-’10 (G.O(P) 271/11/Fin dt. 27-06-’11)
SPECIAL CASUAL LEAVE (APPENDIX VII SECTION 11)
Spl. casual leave is granted on the occasions detailed in the appendix noted below There are 40 situations in which it can be granted and the period of Spl. CL varies on different occasions.
Spl. casual leave can be, combined with ordinary leave or casual leave or with vacation.Some of the common situations in which Spl. CL can be granted is given below.
1. Presence of infectious disease in the Officer’s residence (MC from a Medical Officer or Sanitary authority necessary) provided no substitute is appointed. If the officer himself catches the infection no spl. CL but regular leave must be availed
Diseases treated as infectious: (1) Small Pox (2) Plague (3) Cholera (4) Typhoid (5) Acute influenza Pneumonia (6) Diptheria (7) Cerebro spinal meningitis. Spl. CL for this purpose in ordinary case, shall not exceed 21 days but in exceptional cases up to 30 days.
2. To give evidence before a court in civil or criminal cases in which one’s private interest are not in issue. Leave shall be granted to cover the total period of absence necessary .
3. Bitten by a rabid animal or becoming necessary to undergo antirabic treatments 14 days and the period for the journey to and fro to the nearest antirabic treatment centre.
4. Spl.CL for 1 day to the lastgrade employee when he is temporarily incapacitated owing to typhoid and cholera inoculation.
5. For vasectomy operation, a male employee is eligible for Spl. CL for 6 days and if necessary for the second time also, Intervening Sundays and closed holidays will be ignored while calculating the period of Spl. CL. MC is to be produced.
6. A female employee will be granted Spl. CL. for a period not exceeding 14 days for the first time for a sterilisation operation and second time also if first operation was a failure.
7. A male Govt. servant whose wife undergoes Tubectomy operation without delivery will get.Spl. CL not exceeding 7 days on MC.
8. For treatment for complication arising from sterilisation operation an employee shall be granted Spl. CL to cover the period of such treatment. But, if not hospitalised Spl. CL will be limited to 7 days (Male officers) and 14 days (Female officers)
9. For IUCD insertion Spl. CL for the day of insertion. If necessary on reinsertion also.
10. A female employee having less than 3 children will be granted Spl. CL for 6 days. (Only once) for undergoing medical termination of pregnancy.
11. A female employee undergoing Salphingectomy operation after medical termination of pregnancy (MTP) spl. CL for a period not exceeding 14 days.
12. To a male employee whose wife undergoes Tubectomy/Salphingectomy operation after MTP Spl. CL upto seven days on producing MC for having undergone such an operation after MTP. It is not necessary to state in the certificate that the presence of the male Govt. employee is required to look after his wife.
13. Maximum 4 days of Spl. CL in a calendar year for blood donation.Certificate to be produced.
14. The Govt. employee who has lost male children or all female children after Vasectomy/Tubectomy operation performed earlier,Spl CL for recanalisation operation for a period of 21 days and the minimum period for the journey to and fro.
15. Spl.CL to attend the meeting of District Development Committee or its sub committee (vide G.O. (MS) 7/74/P dt. 13-3-74)
16. 5 days CL in a year to attend BDC (vide G.O. (MS) 134/81 G.Edn dt. 16-7-89.
17. Spl. CL up to 15 days in a calendar year to Physically handicapped employees for treatment on M.C. It can be santioned by the Headmaster.15 days includes intervening holidays. Cr. No. 13/2015/Fin. dt. 20-01-15.
18. Teachers working as President of Service Co-op. Banks. One Spl. CL in a month (G.O.(MS) 139/84/G.Edn. dt. 19-7-84.
19. Spl.CL for 20 days to attend the meeting of Dist Councils and its committees (G.O.(MS) 209/91 LAD dt. 18.9.90)
20. Presidents/Chairman/Chairpersons of local bodies and such persons of standing committees will be granted duty leave up to 20 days and the members of local bodies will be granted duty leave up to 15 days in an academic year for attending to the meetings of the concerned local bodies without detrimental to their duties being a teacher in the school and to the academic interest of the students (G.0(P) 28/98/G. Edn. dt 16-1-98)
21. Govt. officials who are office bearers of the District Sports Association and District Sports Council shall be granted Spl: C.L. not exceeding 10 days for attending meetings G.O.(P) 98/02 Fin dt: 31-1- 02.
22. Employed parents of physically/mentally challenged children 15 days w.e.f. 26-02-11 (G.O(P)185/11/Fin dt 26-02-11)
23. Thaluk / District / State / Library council members: 20 days spl CL in a Calendar year. (G.O (P) 99/2017 Fin dated 29-07-17
24. (For other situations and details vide section II of Appendix VII in KSR)
SPECIAL CASUAL LEAVE FOR VARIOUS CASES
1 | Chemotherapy and radiation | 6 months in a calandar year wef. 9/9/2013 GO(P) 447/2013/Fin dated 9/9/2013 |
2 | Organ transplantation wef 20-01-16 | 90 days in calandar year wef 9/9/2013 G.O(P) 21/216 fin dated 07-02-16 |
3 | For organ donors wef 01-11-12 | 45 days in a calandar year GO(P)234/13 fin dated 05-03-13 |
4 | Officers (Father/Mother) having Children below 18 years who undergo chemotheraphy dialysis or effected with HIV | 15 days in a calandar year GO(P)341/14 fin dated 18-08-14 |
5 | Employees having physically or mentally challenged children | 15 days in a calandar year |
6 | Voluntary blood donation for the treatment of illness connected with their physically handicape | 15 days in a calandar year |
7 | Disabled employees attend artificial limb center for replacement/treatment of their artificial limb. | 15 days in a calandar year |
8 | Heart surgery | 45 days in a calandar year GO(P)508/12/Fin. dt.22/9/2012 |
9 | Angioplasty | Up to 30 days GO(P)153/2019 Fin dt.6-11-2019 |