Leave Rule 16 - MEPS - 1981
16. Leave MEPS. -
(1) Leave shall not be claimed as matter of right. Discretion to grant,
refuse or cancel leave (other than casual leave) is reserved.-(i) in the case
of the teaching and non-teaching staff (other than the Head), with the School
Committee and (ii) in the case of the Head, with the Management.
(2) An
application for leave other than casual leave or extension of leave or to
proceed on leave after vacation shall ordinarily be made in good time before
the date from which the leave or its extension is sought. Even in exceptional
cases where it is not possible to apply beforehand because of circumstances
beyond the control of the employee, the application shall be made within 7 days
from the date of absence. A non-permanent employee shall be deemed to have abandoned
his service if he fails to apply for leave within seven days from the date of
absence.
(3) In the
case of a permanent employee who, without sufficient cause fails to apply for
leave within 7 days from the date of absence, it shall be treated as breach of
discipline and he shall be liable for suitable disciplinary action after due
inquiry. A permanent employee who is absent from duty with or without leave continuously
for a period of three years or more, shall be deemed to have voluntarily
abandoned his services.
(4) Casual
leave may be granted to the teaching and non-teaching staff other than the
Head, by the Head, and to the head by the Chief Executive Officer or by the
Management if the Head himself is the Chief Executive Officer for a period not
exceeding 15 days in an academic year subject to the condition that ordinarily
not more than seven days, casual leave can be enjoyed at a time which may be
extended up-to 10 days, only in exceptional circumstances.
(5) Not
more than two holidays can be enjoyed in conjunction with any spell of casual
leave whether by prefixing or by suffixing or by both and the total period of
casual leave and holidays enjoyed continuously at one time shall not exceed 7
days save only in exceptional circumstances when it may be extended up-to 10
days.
(6) The
number of holidays in excess of two holidays prefixed or suffixed or both, to
the casual leave shall be treated as casual leave. Sundays and holidays
interposed between two periods of casual leave shall be treated as part of
casual leave.
(7) Casual
leave cannot ordinarily be prefixed or suffixed to vacation except with the
previous permission of the Head.
(8) It is
permissible to enjoy half day’s casual leave if the period of absence is half
or less than half of a working day.
(9) Absence
on a Saturday, if it is half working day or on any other day which is observed
by the school as a half working day, shall be treated as casual leave for a
full day and not as a half day’s casual leave.
(10) The
following kinds of special casual leave which shall not be debited to the
casual leave admissible to an employee shall be granted, namely:-
(a) Special
Casual Leave under the Family Planning Scheme:-
Occasion Special Casual Leave Admissible
(i) Vasectomy or as the case may be,
Not exceeding six working days.
Tubectomy operation.
(ii) Female Employees undergoing non- Not exceeding 14 days.
Puerperal sterilization.
Note 1. – The special casual leave
on the above two occasions may be combined with ordinary casual leave or
regular leave provided by the application is supported by a medical
certificate.
Note 2. – The special casual leave
in item (ii) shall also be granted to female employees who have three or more
living children and who undergo sterilization.
(iii) Female employees undergoing
I.U. For
the day subject to production
C.D. insertion. Of
a medical certificate.
(iv) Employee whose wife undergoes a
Note
exceeding seven days, subject
Gynaec. Sterilisation (non-puerperal
to
production of a medical
Tubectomy). Certificate.
Note 1. – The special casual leave
may be combined with ordinary casual leave or regular leave provided the
application is supported by a medical certificate by the doctor who actually
performs the operation to the effect that the presence of the employee is
essential to look after his wife during the period of leave.
Note 2. – Special casual leave not
exceeding four days shall be granted to the employee whose wife undergoes
tubectomy operation immediately after the delivery subject to production of a
medical certificate from the doctor who actually performs the operation.
(b) Special Casual Leave on other
occasions mentioned below:-
Occasion Special Casual Leave admissible
(i) Anti-rabies treatment. Up to 3 weeks.
(ii) Participation in national or inter- Up to 30 days, subject to the provisions of Notes 2 ,4
National sports.
(iii) Mountaineering. Up to 30
days, subject to the provisions of Notes 3,4
(iv) Free Blood Donation. One day
(either on
the same day or
on the very next day of donation of
blood but not on any other subsequent day)
Note 1.- Of a substitute is
appointed in place of an employee granted leave under item (i), such substitute
shall be entitled to salary and allowance admissible to him.
Note 2.- Grant of Special Casual
Leave for participation in national or international sports shall be –
(1) For participation in sporting
events of national or international importance.
(i) in respect of international
sporting events by National Sports Federation or association recognized by the
All India Council or Board and approved by Ministry of Education of Government
of India, or
(ii) in respect of national
importance when the sporting event in which participation takes place is held
on an Inter-State, Inter-Zonal or Inter-Circle basis and the employee takes
part in the event in a team as duly nominated representative on behalf of the
State, Zone or Circle and when he participates in his personal capacity.
(3) When an employee is selected or
sponsored for attending, coaching a Training Camp or All-India Coaching or
Training Schemes or his services are utilized as Umpire for such sporting
events
Note 3. - Special casual leave for
Mountaineering shall be admissible when the expedition is approved by the
Indian Mountaineering Foundation.
Note 4. - If an employee participates in
national or international sporting event and also in mountaineering the total
special casual leave shall not exceed 30 days.
(11) Half pay leave to the extent of
20 days for private reasons or on medical certificate may be granted for each
completed year of service. No leave may be granted under this rule unless the
authority competent to sanction the leave certificates that the employee shall
return to duty on its expiry.
(12) (a) Commuted leave not
exceeding half the period of half pay leave due may be granted on medical
certificate given by a registered medical practitioner, stating as clearly as
possible, the nature and probable duration of the llness, on the following
conditions, namely :-
(i) When commuted leave is granted,
twice the amount of such leave shall be debited against the half pay leave due.
(ii) No commuted leave is granted
under this rule, unless the authority competent to sanction leave has reason to
believe that the employee will return to duty on its expiry.
(b) The authority competent to
sanction leave may, as its discretion, secure a second. Hospitals in Bombay, or
Civil Surgeon or District Medical Officer, or medical Officer of Zilla
Parishads. Municipal Councils or Municipal Corporations to have the applicant
medically examined. If the authority decides to do so, it shall arrange for the
second medical examination to be made on the earliest possible date after the
date on which the first medical opinion was given. It shall forward the
original medical certificate produced by the applicant to the Medical Officer
by whom he is to be re-examined.
(c) The re-examination, if necessary, shall be
arranged by the Management at its own cost, if any, and any, expenditure on his
account shall not be held admissible for grant.
(d) Half pay leave up to a maximum
of 180 days shall be allowed to be commuted during the entire service where
such leave is utilised for an approved course of study which is certificate to
be in the public interest by the authority sanctioning leave on the conditions
mentioned in sub-clause (i) and (ii) of clause (a).
(13) Extraordinary leave may be
granted to an employee in special circumstances which no other leave is by rule
admissible or when other leave as admissible but the employee applies in
writing for the grant of extraordinary leave. Except in the case of a permanent
employee, the duration of extraordinary leave shall not exceed three months on
any one occasion. In the case of a permanent employee, the duration of the
extraordinary leave shall not exceed three years on any occasion. The authority
competent to sanction leave may commute on any one occasion. The authority
competent to sanction leave may commute retrospectively the period of absence without
leave, into extraordinary leave.
(14) Subject to the provisions of
sub-rule (16) maternity leave shall be granted to a female employee who has put
in more than one year’s service. It may be granted for a period not exceeding
ninety days from the date of its commencement.
(15) Maternity leave under sub-rule
(14) shall be granted on half pay to an employee. Who has put in more than one
year’s but less than two years’ service before the date of commencement of such
leave. In the case of employee who has put in two years’ service or more on the
date of commencement of a female employee with less than one year’s service she
shall be granted extraordinary leave for a similar period.
(16) Maternity leave shall not be debited to the
leave account. Leave of any other kind may be granted in continuation of
maternity leave, if the request for granting it is supported by a medical
certificate.
(17) Maternity leave shall not be
granted to a female employee having three or more living children.
Note. - Leave under this rule shall
be admissible in case of miscarriage or abortions or termination of pregnancy
under the Medical Terminations of Pregnancy Act, 1971 (34 of 1971) subject to
the following conditions, namely :-
(1) The leave shall not exceed six
weeks; and
(2) The application for the leave
shall be supported by a medical certificate.
(18) The earned leave admissible to
a permanent employee entitled to vacations in respect of any year in which he
is prevented from availing himself of the full vacations, or a part thereof,
shall be in such proportion of 30 days a year as the number of days of vacation
not availed of bear to the full vacation, provided that the employee shall
cases to earn such leave when the earned leave due is accumulated to 180 days.
Illustration. – An employee who is
prevented from availing himself of the full vacation of 63 days in a year,
shall be entitled to earned leave for 30 days, similarly the employee who is
prevented from availing himself of 21 days out of the total vacation shall be
entitled to earned for 10 days, and so on.
(19) The management or Head shall
obtain previous permission of the Education Officer for preventing the Head
shall obtain previous permission of the Education Officer for preventing the
Head or, as the case may be, the teacher from availing himself of the vacation
or a part thereof.
(20) An employee including an
employee to whom previous of sub-rule (18) apply shall be entitled to he
benefit of encashment of surrendered leave on the following conditions, namely:-
(i) Such surrendered leave shall not
be availed of in conjunction with vacation.
(ii) The employee who takes earned
leave for a period not less than thirty days, shall be allowed to surrender the
balance of the earned leave (or any portion thereof) to his credit on the date
of commencement of leave, at his option subject to the maximum of thirty days
and he shall be granted leave salary, Dearness allowance and Compensatory Local
allowance as admissible under the rule for the period of the leave surrendered.
(iii) The
authority competent to sanction earned leave shall be competent to accept
surrender of earned leave. Application for surrender of earned leave shall be
made along with the application for grant of leave.
(iv) The number of days of earned
leave surrendered shall be reckoned as surrendered on the date of commencement
of actual leave taken and deducted from the leave account of the employee on
that date.
(v) The total of the earned leave
actually availed of and the earned leave surrendered shall not exceed the
maximum leave admissible to the employee at any one time.
(vi) The leave salary and allowances admissible for
the leave surrendered shall be at the rate of leave salary and allowances
admissible at the commencement of earned leave. For this purpose, a month shall
be reckoned as 30 days, irrespective of the month in which the leave is availed
of.
(vii) The amount of leave salary and
allowances for the surrendered leave may be paid in advance but not earlier
than six days before the commencement of leave. The authority competent to
sanction leave shall insert a clause in be cancelled by the competent authority
before the date from which the employee was to proceed on leave, the amount of
leave salary and allowances one installment or adjusted in full in the first
monthly pay or leave salary subscriptions, house rent, re-payment if nay
advances and repayment of any advances and repayment of any dues to
Co-operative Societies, etc. Shall be made from the leave salary for the period
of surrendered leave.
(viii) An employee who is permitted
to surrender his leave shall not ordinarily be permitted to region duty before
the expiry of the thirty days leave sanctioned to him.
(ix) In case of compulsory recall to
duty, an employee shall be allowed to enjoy the balance of his earned leave
before expiry of the period of six months from the date on which he proceeded on
earned leave or before he again proceeds on earned leave with the benefit of
surrender of earned leave or before he again proceeds on earned leave with the
benefit of surrender of earned leave shall grant leave to such employee during
the aforesaid period if he applies for it. If the employee concerned by himself
does not ask for being allowed to enjoy the same, the balance of the earned
leave account as if he had enjoyed it.
(x) In order to guard against
omission to post a debit in the leave account in respect of the leave
surrendered, in case of such employees, the details of surrendered leave shall
be noted in their service books and in their leave accounts when the leave
salary is drawn. A certificate to the effect that the accounts when the leave
salary is drawn. A certificate to the effect that the necessary entries have
been made in the service book and in the leave account shall be furnished by
the school in the bill in which the leave the leave salary for the surrendered
leave is drawn.
(xi) The maximum earned leave that can be
surrendered shall be limited to 30 days in a financial year. On the date of
commencement of earner leave for a period of not less than 30 days.
(xii) The benefit of surrender of
earned leave shall not be allowed more than once in any financial year.
(xiii) On return from leave, the
employee shall serve the school for a period not less than the period of earned
leave surrendered.
(22) Any kind of leave except casual
leave may be granted in combinations with or in continuation of any other kind
of leave.
(23) Non-permanent employee shall
not be entitled to nay leave with pay other than casual and maternity leave. A
non-permanent employee when appointed substantively to a permanent post shall
be entitled to leave which would have been admissible if his previous
continuous duty was as a permanent employee. Half pay leave at the rate of 20
days for each completed year shall be granted to a non-permanent employee
provided the authority competent to sanction leave has reason to believe that
the employee concerned shall return to duty on its expiry.
(24) An employee on full pay leave shall be
entitled to leave salary equal to the pay drawn immediately before proceeding
on leave.
(25)
An employee on half pay leave shall be entitled to leave salary at the
rate equal to half the amount specified in sub-rule (24) above. In addition he
shall draw proportionate amount of Dearness allowance based on the amount of
leave salary plus Compensatory Local allowance and House Rent allowance at full
rates, if applicable.
(26) An employee on commuted leave
shall be entitled to leave salary equal to twice the amount of pay admissible
under sub-rule (25).
(27) An employee suffering from
T.B., Cancer or Leprosy shall be entitled such special leave and allowances as
are admissible to Government Servants for this purpose.
(28) An employee retiring on
superannuation shall be eligible to receive payment of cash equivalent to leave
salary in respect of the period of earned leave at his credit at the time of
retirement limited to a maximum of 180 days of earned leave. He shall also be
entitled to pension and pension equivalent of Death-cum-Retirement Gratuity in
addition to the cash payment of leave salary, subject to the following
conditions namely:-
(a) The payment of cash equivalent
of leave salary shall be limited to a maximum of 180 days earned leave.
(b) The cash equivalent of leave
salary thus admissible shall become payable on retirement and shall be paid in
one lump-sum as a one-time settlement.
(c) The cash payment shall be equal
to leave salary as admissible for earned leave and Dearness allowance
admissible on that leave salary at the rates in force on the date of
retirement. No Compensatory Local allowance and House Rent allowance shall be
payable.
(d) The authority competent to great
leave shall suo motu issue orders granting cash equivalent of earned leave at
the credit of the employee on the date of retirement.
(30) An employee may also avail of, as leave
preparatory to retirement, a part of earned leave to his credit. In that case,
he shall be allowed payment of cash equivalent of leave salary for the balance
of the earned leave that remains to his credit on the date of retirement in
accordance with these rules.
(31) An employee on leave, with full
or half or without pay, shall not accept any full-time service with or without
pay or remuneration during the period of leave. An employee may accept
part-time employment after obtaining specific permission from the Head of the
School, the School Committee on the Management, as the case may be.
(32) An employee on leave shall not
be allowed to return to duty before expiry of the leave except with the
permission of the sanctioning authorities.
(33) Under exceptional circumstances
of administrative necessity, the authority competent to sanction leave may call
back to duty an employee who is on leave, explaining the nature of the
emergency, and it shall be incumbent on the employee to return to duty. If,
however, the employee cannot return to duty as directed, he shall satisfy the
said authority about the bonafide circumstances of his inability.
(34) The date of increment of an
employee on extraordinary leave shall be postponed by the period of such leaves.
The teachers who are elected on the Legislative Assembly or elected or
nominated on the Legislative Council shall, however, be entitled to count their
extraordinary leave during their tenure as the members of Legislature for the
purposes of increment.
Leave
SECONDARY SCHOOLS CODE
75.1. Leave cannot be claimed as of right.
Discretion to refuse or revoke leave is reserved to the Head of the school, the
School Committee or the managements, as the case may be.
Casual Leave
75.2. (i) Casual leave may be given
by the Head up to a maximum period of 15 days in an academic year subject to
the condition that ordinarily not more than three days’ casual leave can be
enjoyed at a time to be extended to ten days only in exceptional circumstances;
(ii) Not more than two holidays can be enjoyed in conjunction with any spell of
casual leave whether by prefixing or by suffixing or by both and the total
period of casual leave whether by prefixing or by continuously at one time
should not exceed 7 days save only in exceptional circumstances when it may be
extended up to 10 days; (iii) The number of holidays in excess of 2 prefixed or
suffixed or both, to the casual leave will be treated as casual leave. Sundays
and holidays interposed between two periods of casual leave should, however, be
treated as part of casual leave; (iv) Casual leave cannot ordinarily be
prefixed or suffixed to vacations except with the previous permission of the
Head of the school, the school Committee or the management, as the case may be;
(v) It is permissible to enjoy half day’s casual leave if the period of absence
is half working day, is not to be treated as a half day’s casual leave but
casual leave for a full day.
(Please
also see Annexure 59).
Earlier rule 75.2 is renumbered as
75.2 (A) by G. R. No .E & ED GAC 1080 221/30/37 DATED 3/6/1980
Half Pay Leave
75.3. (1) (a) Half pay leave to the
extent of 20 days may be granted for each completed year of service to
permanent employees of a school, on private affairs or on medical certificate.
Every application for leave on medical certificate made by an employee shall be
accompanied by a medical certificate given by a registered medical
practitioner, stating as clearly as possible, the nature and probably duration
of the illness.
(b) The authority competent to
sanction leave may, at its discretion, secure a second medical opinion by
requesting the Presidency or Civil Surgeon or District Medical Officer to have
the applicant medically examined. Should it decide to do so, it must arrange
for the second examinations to be made, on the earliest possible date after the
date on which the first medical opinion was given. It should forward the
original medical certificate produced by the applicant to the Medical Officer
by whom he is to be re-examined.
(c)
This re-examination, if necessary, be arranged by the management at
their own cost, if any and that, any expenditure on this account, will not held
admissible for grant.
(d) The maximum period of half pay
leave should be limited to four months at a time.
Commuted Leave
75.3. (2) (i) Commuted leave not
exceeding half the amount of half Pay leave due may be granted on medical
certificate from the Civil Surgeon or Registered Medical Practitioner named by
the authority competent to sanction leave.
(ii) Half pay leave up to a maximum
of 180 days shall be allowed to be commuted during the entire service where
such leave is utilized for an approved course of study that is a course which
is certified to be in the public interest by the leave sanctioning authority on
the following conditions :-
(a) When commuted leave is grater
twice the amount of such leave shall be debited against the half pay leave due,
and
(b) The total duration of earned
leave and commuted leave taken in conjunction shall not exceed 240 days.
Provided that no commuted leave may
be granted under this rule unless the authority competent to sanction leave has
reason to believe that the employee will return to dusty on its expiry.
(GR.E & Y SD No. SSN.
1575/18676-XXX-XXXVII of 10th September 1976).
Earlier rule 75(3) (2) (i) is
substituted by revised rule 5(3) (2) (i) vide G.R.No.E & .D :GAC
1079/882/30/37 DATED 21/6/1980.
Extraordinary Leave
75.4. Extraordinary leave may be
granted to an employee in special circumstances when no other leave is, by
rule, admissible or when other leave is admissible bit the employee applies in
writing for the grant of extraordinary leave. Except in the case of a permanent
employee, the durations of extraordinary leave shall not exceed three months on
any one occasion. The ordinary competent to sanction leave may commute
retrospectively periods of absence without leave, into extraordinary leave.
(Pleas also
see Annexures 17 and 62).
Maternity Leave
75.5. (i) Maternity leave may be
granted to female employees who have put in more than one year’s service. It
may be granted for 90 days from the date of its commencement.
(G.R.E.D No. GAC 1075/22632-E of 11th
April 1975).
(G.R.E & Y.S.D No. GAC-1078/445-XXX-XXXVII
of 28th September 1978).
75.5. (ii) Maternity leave under
Rule 75.5 (i) above, shall be granted on half pay to an employee who has put in
less than two years’ service before the commencement of such leave.
75.5. (iii) Maternity leave under
Rule 75.5 (i) above, shall be granted on full pay to an employee who has put in
two years’ service on the day of commencement of such leave.
75.5. (iv) Maternity leave shall not
be debited to the Leave account. Leave of any other kind may be granted in
continuation of maternity leave, if the request for granting it is supported by
a medical certificate.
75.5. (v) Maternity leave shall not
be granted to a female employee having three or more living children.
(G.R.,E.S. & S.W.D. GAC.
1072/4364/E. 14th February 1972).
Note: Leave under this rule is
admissible in case of miscarriage and
abortion also.
Earned Leave
75.6 (i) The earned leave admissible to permanent
teaching employees in respect of any year in which they are prevented from
availing themselves of the full vacations, is in such proportion of 30 days a
year as the number of days of vacation not taken bear to the full vacation,
provided that such an employee will cease to earn such leave when the earned
leave due amounts to 180 days.
(ii) The non teaching staff belongs
to non-vacation department and is, therefore, prevented from enjoying vacation.
The members of the non teaching staff shall , therefore ,earn earned leave per
year of duty at the rate of 30 days for a completed year of service. the
employee will cease to earn such leave when the earned leave accumulates to 180
Days.
(III) The benefit of encashment of
surrendered leave is admissible to the non teaching staff on the terms and
conditions mentioned in Annexure (66).
(G.R.E & Y.S.D .NO
BPC. 1078/177/XXX-XXXVII,of 21st August 1978 ).
75.7 .Any kind of leave except
casual leave may be granted in combination with or in continuation of any kind
of leave.
Leave to Non –permanent Employees
75.8. Non –permanent employees will not be
entitled to any leave with pay other than casual and maternity leave. A non
–permanent employee when appointed substantively to a permanent post will be
credited with the leave which would have been admissible if his previous
continuous duty was as permanent employee. Half pay leave at the rate of 20
days for each completed year may be granted to the non-permanent employees
provided the authority competent to sanction leave has reason to believe that
the employee concerned will return to duty on its expiry.
Calculation of Leave salary
75.9 (i) An employee on full pay leave
,is entitled to leave salary equal to the greater of the amounts specified
below:-
(a) The substantive pay on the day
before the leave commences, or in respect of the first 60 days of the leave,
the average monthly pay earned during the 12 complete months preceding the
month in which the leave commences;
(b) and thereafter the average
monthly pay earned during the 36 complete months preceding the month in which the leave commences.
(ii) An employee on half pay is entitled to leave
salary equal to half the substantive pay or half the amount specified in clause
(b) of Rule 759 (i) above, whichever amount is greater.
(iii) An employee on commuted leave is entitled to
leave salary equal to twice the amount admissible under Rule 75.9 (ii) above.
(iv) An employee on extraordinary leave is not
entitled on any leave salary.
75.10. Leave to the credit of an employee shall lapse
on the date of his superannuation provided that if in insufficient time before
that date he has formally applied for leave and it has been refused in the
interest of the school, this refused leave up to a maximum of four months can
be granted after the date of superannuation or after the period of his
extension is over. An employee retained in service beyond the age of
superannuation shall earn leave for the period of his extension at the rate
mentioned in Rule 75.3 (1) (a) above which he can enjoy before the period of
extension is over.
75.11. The leave account of every employee should be
maintained in the form given in appendix SIXTEEN.
75.12. An employee on leave, with full or half pay,
shall not accept any service with pay or remuneration during the period of
leave, without first obtaining specific permission from his employer.
75.13. An application for leave or extension of leave
or to proceed on leave after vacation, should ordinarily be made in good time
before the date from which the leave or its extension is sought. If a
non-permanent employee does not apply for leave or for further leave, within
seven days of the expiry of vacation or of leave as the case may be, he/she may
be deemed to have abandoned his/her service. The services of permanent employee
who does not fulfill above following the procedure laid down in Rule No 77 (2)
or 77 (3) as the case may be.
(G.R.E. & Y.S.D. No. GAC. 1076/62827. XXX-XXXVII
of 19th October 1976).
75.14. An employee on leave may not be allowed to
return to duty before the expiry of the leave except with the permission of the
sanctioning authority.
75.15 Under exceptional circumstances of administrative
necessity, the authority competent to sanction leave may call back to duty an
employee who is on leave, explaining the nature of the emergency, and it will
be incumbent on the employee to return to duty. If, however, the employee
cannot return to duty as directed, he should satisfy the said authority about
the bonafide circumstances of his inability.
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