REGULATIONS REGARDING

LEAVE RULES FOR NON-TEACHING EMPLOYEES

 

SECTION –I

 

1.                  Extent of Application :-

Save as otherwise provided in these regulations, these rules shall apply to the non-teaching staff of the University, but shall not apply to –

(a)                persons in casual or daily-rated or part-time employment;

(b)               persons paid from contingencies;

(c)                persons employed on contract except when the contract provides otherwise;

(d)               persons serving on deputation from a Central Government Department or a State Government or any other source, for a limited duration.

2.                  Interpretation :-

Under these rules, unless the context otherwise requires –

(a)                “Authority competent to grant leave” means the Vice-Chancellor or any subordinate authority to which the Vice-Chancellor may delegate the power to sanction leave to any category of staff, subject to any condition that may be specified in the delegation.

(b)               “Completed years of service” or “one year’s continuous service” means continuous service of specified duration under the University and includes the period spent on duty as well as on deputation to foreign service or on leave including extraordinary leave;

(c)                “Date of retirement” or “date of his retirement” in relation to a non-teaching University employee, means the afternoon of the last day of the month in which the non-teaching University employee attains the age prescribed for retirement under the terms and conditions governing his service;

(d)               Earned leave, half-pay leave, leave not due, Commuted Leave, Extraordinary leave etc; means the leave as provided in these rules;

(e)                “Earned leave” means leave earned in respect of period spent on duty; and

(f)                 “Half Pay leave” means leave earned in respect of completed years of service calculated according to the provisions hereinafter contained;

(g)                “Commuted leave” means leave commuted as provided for in rules hereafter.

(h)                “Employee in permanent employ” means an officer who holds substantively or provisionally substantively a permanent post or who holds a lien on a permanent post or who would have held a lien on permanent post had the lien not been suspended.

 

SECTION – II

GENERAL CONDITIONS

3.                  Right to Leave:-

3.1              Leave of any kind cannot be claimed as of right.

3.2              When the exigencies of service so demand, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Employee.

4.                  Effect of dismissal, removal or resignation on leave at credit :-

(1)               Except as provided in Rule 28 and this rule, any claim to leave to the credit of an Employee, who is dismissed or removed or who resigns from University service, ceases from the date of such dismissal or removal on resignation.

(2)               Where an Employee applies for another post outside the University and if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit.

(3)               An employee, who is dismissed or removed from service and is re-instated on appeal or revision, shall be entitled to count for leave his service prior to dismissal or removal, as the case may be.

(4)               An employee, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to count his past service for pension, shall be entitled to count his former service towards leave.

5.                  Commutation of one kind of leave into another :-

(1)               At the request of an Employee, the authority which granted him leave may commute it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but the Employee cannot claim such commutation as a matter of right.

Provided that no such request shall be considered unless received within a period of 30 days of the concerned Employee joining his duty on the expiry of the relevant spell of leave availed of by him.

(2)               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 Employee, that is to say, any amount paid to him in excess shall be recovered or any arrears due to him shall be paid.

Note :- Extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject to the provisions of Rule 23.

6.                  Combination of different kinds of leave

Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of  any other kind of leave subject to any limit on the aggregate period of absence as may be prescribed in such cases.

            Explanation :-  Casual leave which is not recognised as leave under these rules shall not be combined with any other kind of leave admissible under these rules.

7.                  Maximum amount of continuous leave

Unless the Board of Management of the University, in view of the exceptional circumstances of the case otherwise determines, no Employee of the University shall be granted leave of any kind for a continuous period exceeding five years.

8.                  Acceptance of service or employment while on leave

An official (other than an official who is permitted to undertake casual literary work or service as an Examiner or similar employment) while on leave, shall not take up any service or employment elsewhere, including the setting up of a private professional practice as accountant, Consultant or legal practitioner, without obtaining prior sanction of the competent authority.

 

SECTION –III

GRANT OF AND RETURN FROM LEAVE

9.                  Application for leave

Any application for leave or for extension of leave shall be made in prescribed form to the authority competent to grant leave.  It should be applied for and sanctioned before it is availed of except in special cases of emergency and for reasons to the satisfaction of the sanctioning authority.

10.              Leave Account

A leave account shall be maintained in prescribed form for each employee.  The order sanctioning earned leave, half pay leave to an employee shall hereafter indicate the balance of such leave at his credit.

 

11.              Leave not to be granted in certain circumstances

11.1          Leave shall not be granted to an Employee whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from University service.

11.2          No leave during suspension :- Leave may not be granted to an Employee under suspension.

12.              Grant of leave on medical certificate

12.1          An application for leave on medical certificate shall be accompanied by a medical certificate in prescribed form from such Medical Officer as may be prescribed or a Registered Medical Practitioner; defining as clearly as possible the nature and probable duration of illness.

12.2          A Medical Officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Employee concerned will ever be fit to resume his duties and in such case, the opinion that the Employee is permanently unfit for University service shall be recorded in the medical certificate.

12.3          The authority competent to grant leave may, at its discretion, secure a second medical opinion by requesting a Medical Officer not below the rank of a Civil surgeon or Staff surgeon, to have the applicant medically examined on the earliest possible date and the Employee concerned shall present himself for re-examination before the medical officer specified by the University.

12.4          The grant of medical certificate under this rule does not in itself confer upon the Employee concerned any right to leave; the medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited.

12.5          The authority competent to grant leave may, in its discretion, waive the production of a medical certificate in case of an application for leave for a period not exceeding three days at a time.  Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than leave on medical grounds.

13.              Commencement and termination of leave

Except as provided in Rule 14 leave ordinarily begins on the day on which leave as such is actually availed of and ends on the day preceding on which duty is resumed.

14.              Combination of holidays with leave

14.1     (i)         When the day, immediately preceding the day on which an Employee’s leave (other than leave on medical certificate) begins or immediately following the day on which his leave expires, is a holiday or one of series of holidays, the Employee shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing / suffixing holidays to leave specifically withheld) to leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays.

(ii)                In the case of leave on medical certificate-

(a)                When an employee is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that day) shall be treated as part of the leave; and

(b)               When an employee is certified medically fit for joining duty, holiday(s) if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any preceding the day he is so certified shall be treated as part of the leave.

14.2          Unless the authority competent to grant leave in any case otherwise directs-

(a)                if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays; and

(b)               if holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

Note :-    A compensatory leave granted in lieu of duty performed by an Employee on Sunday or holiday for a full day may be treated as a holiday for the above purpose.

15.              Recall to duty before expiry of leave

In case an Employee is recalled to duty before the expiry of his leave, such recall to duty shall be treated as compulsory in all cases and the Employee shall be entitled to be treated as on duty from the date he starts for the station to which he is ordered, and to draw-

(i)         travelling allowance under rules for the journey; and

(ii)                leave salary, until he joins his post, at the same rate at which he would have drawn it but for recall to duty;

16.              Return from leave :-

16.1          An Employee on leave shall not return to duty before the expiry of the period of leave granted to him unless he is permitted to do so by the authority which granted him leave.

16.2          Notwithstanding anything contained in sub-rule (1), an Employee on leave preparatory to retirement shall be precluded from returning to duty, save with the consent of the authority competent to appoint him to the post from which he proceeded on leave preparatory to retirement.

16.3          An Employee who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness.

 

17.              Absence after expiry of leave

17.1          Unless the authority competent to grant leave extends the leave, an Employee who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were half pay leave, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

17.2          Wilful absence from duty after the expiry of leave renders an Employee liable to disciplinary action.

Explanation :-

(i)            Treatment of wilful absence from duty not recognised.-

                Wilful absence from duty, even though not covered by grant of leave does not entail loss of lien.  The period of absence not covered by grant of leave shall have to be treated as “dies non” for all purposes, viz., increment, leave and pension.  Such absence without leave where it stands singly and not in continuation of any authorized leave of absence will constitute an interruption of service for the purpose of pension and unless the pension sanctioning authority exercises its powers to treat the period as leave without allowance, the entire past service will stand forfeited.

(ii)                 Action for overstayal of leave

As to how the cases in which an official overstays the prescribed quantum of extraordinary leave, should be dealt with, it is clarified that the amendment does not take away the power of the disciplinary authority to take appropriate disciplinary action for any misconduct.  Action can be taken under these rules for unauthorized absence from duty or overstayal of leave even for one day, treating it as misconduct, if the facts and circumstances of the case warrants such an action.

(iii)                Action for unauthorized absence from duty or overstayal of leave.

(a)                 When a temporary University employee asks for leave in excess of the limits prescribed under Rule 24 and if the, circumstances are exceptional, a decision could be taken by the leave sanctioning authority to grant further leave in excess of the limits with the approval of the Vice-Chancellor.

(b)                 When a temporary University employee applies for leave beyond the prescribed limit of extraordinary leave and the leave sanctioning authority is not satisfied with the genuineness of the grounds on which further leave has been asked for, nor does it consider the grounds as exceptional, the leave cannot be granted.  In such a case the University employee should be asked to rejoin duty within a specified date failing which he would render himself liable for disciplinary action.  Disobedience of orders to rejoin duty within the specified period would afford good and sufficient reasons for initiating disciplinary action under University Conduct, Discipline, Penalty and Appeal Rules.  If he rejoins duty by the stipulated date, he may be taken back to service and the period of absence not covered by leave be treated as overstayal of leave and dealt with in accordance with the orders regarding regularization of overstayal of leave.

If the University employee does not join duty by the stipulated date it would be open to the disciplinary authority to institute disciplinary proceedings against him.  If during the course of disciplinary proceedings he comes for rejoining duty, he should be allowed to do so without prejudice to the disciplinary action already initiated against him (unless he is placed under suspension) and the disciplinary action concluded as quickly as possible.  The question of regularisation of the period of overstayal of leave be left over for consideration till the finalisation of the disciplinary proceedings.

(c)                 If a University employee absents himself abruptly or applies for leave which is refused in the exigencies of service and still he happens to absent himself from duty, he should be told of the consequences, viz., that the entire period of absence would be treated as unauthorised entailing loss of pay for the period in question, thereby  resulting in break in service.  If,  however, he reports for duty before or after initiation of disciplinary proceedings, he may be taken back for duty because he has not been placed under suspension.  The disciplinary action may be concluded and the period of absence treated as unauthorised resulting in loss in pay and allowances for the period of absence and thus a break in service.  The question whether the break should be condoned or not and treated as “dies non” should be considered only after conclusion of the disciplinary proceedings and that too after the University employee represents in this regard.

(iv)               It is made clear that a University employee who remains absent unauthorisedly without proper permission should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed in the Rule.  However, the disciplinary authority should consider the grounds adduced by the University employee for his unauthorised absence before initiating disciplinary proceedings.  If the disciplinary authority is satisfied that the grounds adduced for unauthorised absence are justified, the leave of the kind applied for and due and admissible may be granted to him.

SECTION –IV

KINDS OF LEAVE- DUE AND ADMISSIBLE

18.              The following kinds of leave, shall be admissible to the employees :-

(i)         Leave earned by duty :

            Earned leave, half pay leave, commuted leave and leave not due.

(ii)                Leave not earned by duty :

Casual leave, special casual leave, maternity leave, hospital leave, study leave, quarantine leave and extraordinary leave.

19.       (1)        Earned leave admissible to employees :-

(a)                Each employee’s leave account shall be credited with  earned leave in advance, in two instalments of 15 days each on 1st January and 1st  July of every calendar year.

(b)               The leave at the credit of the employee at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year do not exceed the maximum limit of 300 days.  If a University employee is on leave on the last day of any particular half year of the calendar year, he shall be entitled to earned leave credited on the first day of the succeeding half year provided that the authority competent to grant leave has reasons to believe that the employee will return  to duty on its expiry.

Provided that where the earned leave at the credit of University Employee as on the last day of December or June is 300 days or less but more than 285 days, the advance credit of 15 days earned leave on first day of January or July to be afforded in the manner indicated under sub-rule (i) of clause (a) of Rule 19 shall instead of being credited in leave account be kept separately and first adjusted against the earned leave that the University employee takes during that half year and balance, if any, shall be credited to the leave account at the close of the half year, subject to the condition that balance of such earned leave plus leave already at credit do not exceed the maximum limit of 300 days.

(c)                A period spent in foreign service shall count as duty for purposes of this rule, if contribution towards leave salary is paid on account of such period.

(2)(i)         Maximum earned leave that may be granted at a time shall be 180 days. 

                        Provided earned leave taken as leave preparatory to retirement can be availed of upto a maximum of 300 days.

(ii)                Earned leave may be granted to a University Employee for a period exceeding 180 days but not exceeding 240 days if the entire leave so granted or any portion thereof is spent outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan.

Provided that where earned leave exceeding 180 days is so granted, the period of such leave spent in India shall not in the aggregate exceed aforesaid limits.

20.       Calculation of Earned Leave

(1)               Earned leave shall be credited to the leave account of a University employee at the rate of 2 ½ days for each calendar month of service which he is likely to render in a half year of the calendar year in which he is appointed.

(2)        (a)       The credit for the half year in which a University employee is due to retire or resigns from the service shall be afforded only at the rate of 2 ½ days for completed calendar month upto the date of retirement or resignation.

            (b)        When a University employee is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 2 ½ days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.

(3)        If a University employee has availed of extraordinary leave and/ or some period of absence has been treated as “dies non” in a half-year, the credit to be afforded to his leave account at the commencement of the next half-year shall be reduced by 1/10th of the period of such leave and/ or “dies non” subject to maximum of 15 days.

(4)        While affording credit of earned leave, fractions of a day shall be rounded off to the nearest day.

21.              Half Pay Leave

(1)               The half pay leave account of every University employee shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year.

(2)               (a)        The leave shall be credited to the said leave account at the rate of 5/3 days for each completed calendar month of service which he is likely to render in the half-year of the calendar year in which he is appointed.

(b)        The credit for the half-year in which a University employee is due to retire or resigns from the service shall be allowed at the rate of 5/3 days per completed calendar month upto the date of retirement or resignation.

(c)        When a University employee is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month upto the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.

(d)        Where a period of absence or suspension of a University employee has been treated as “dies non” in a half-year, the credit to be afforded in his half pay leave account at the commencement of next half-year, shall be reduced by one-eighteenth of the period of “dies non” subject to a maximum of ten days.

(3)               The Half-pay leave under this rule may be granted to an employee on medical certificate or on private affairs.

Provided that in case of an employee not in permanent employ, no half pay leave shall be granted unless the authority competent to grant leave has reasons to believe that the employee will return to duty on its expiry except in the case of an employee who has been declared completely and permanently incapacitated for further service by a medical authority.

22.              Commuted leave

(1)               Commuted leave not exceeding half the amount of half pay leave due may be granted on medical  certificate to a University employee, subject to the following conditions :-

(a)                the authority competent to grant leave is satisfied that there is reasonable prospect of the employee returning to duty on its expiry.

(b)               When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due;

(1-A)   Half pay leave upto a maximum of 180 days may be allowed to be commuted during the entire service (without production of medical certificate) where such leave is utilized for an approved course of study certified to be in the University interest by the leave sanctioning authority.

(2)               Where a University employee who has been granted commuted leave resigns from service or at his request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave shall be recovered.

Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the University employee for further service or in the event of his death.

                        Note :-    Commuted leave may be granted at the request of the University employee even when earned leave is due to him.

23.              Leave not Due

(1)               Save in the case of leave preparatory to retirement, leave not due may be granted to a University employee in permanent employ limited to a maximum of 360 days during the entire service on medical certificate subject to the following conditions:-

(a)                the authority competent to grant leave is satisfied that there is reasonable prospect of the University employee returning to duty on its expiry;

(b)               leave not due shall be limited to the half pay leave he is likely to earn thereafter;

(c)                leave not due shall be debited against the half pay leave the University employee may earn subsequently.

(1-A)   Leave not due may also be granted to such of the temporary employees as are suffering from  TB, Leprosy, Cancer or Mental illness, for a period not exceeding 360 days during entire service, subject to fulfilment of conditions in clauses (a) to (c) of sub-rule (1) and subject to the following conditions, namely :-

            (i)         that the employee has put in a minimum of one year’s service;

(ii)                that the post from which the employee proceeds on leave is likely to last till his return to duty; and

(iii)               that the request for grant of such leave is supported by a medical certificate.

(2)        (a)        Where a University employee who has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty, the leave not due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commenced, and the leave salary shall be recovered.

            (b)        Where a University employee who having availed himself of leave not due returns to duty but resigns or retires from service before he has earned such leave, he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently:

                                    Provided  that no leave salary shall be recovered under clause (a) or clause (b) if the retirement is by reason of ill-health incapacitating the University employee for further service or in the event of his death.

24.              Extraordinary leave

(1)               Extraordinary leave may be granted to a University employee in special circumstances –

(a)                when no other leave is admissible;

(b)               when other leave is admissible, but the employee applies in writing for the grant of extraordinary leave.

(2)               Unless the Vice-Chancellor in view of the exceptional circumstances of the case otherwise determines, no University  employee, who is not in permanent employ, shall be granted extraordinary leave on any one occasion in excess of the following limits :-

(a)                three months;

(b)               six months, where the University employee has completed one year’s continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three month’s extraordinary leave under clause (a) and his request for such leave is supported by a medical certificate as required by these rules;

(c)                eighteen months, where the University employee has completed one year’s continuous service is undergoing treatment for –

(i)         pulmonary tuberculosis or pleurisy of tubercular origin on production of medical certificate from a tuberculosis specialist under whom he is taking treatment;

(ii)                tuberculosis of any other part of the body by a qualified tuberculosis specialist or a Civil surgeon or staff surgeon; or

(iii)               leprosy in a recognised leprosy institution;

(iv)              cancer or for mental illness, in an institution recognised for the treatment of such disease or by a specialist in such disease.

(d)               twenty-four months, where the leave is required for the purpose of prosecuting studies certified to be in the University interest, provided the University employee concerned has completed three years’ continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under clause (a).

(3)        (a)        Where a University employee is granted extraordinary leave in relaxation of the provisions contained in clause (d) of sub-rule (2), he shall be required to execute a bond undertaking to refund to the University the  actual amount of expenditure incurred by the University during such leave plus that incurred by any other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or quitting the service before a period of three years after return to duty.

            (b)        The bond shall be supported by sureties from two permanent University employees having a status comparable to or higher than that of the University employee concerned.

(4)        Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave for the purposes of sub-rule (2).

(5)        The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.

            Note :-    The power of commuting retrospectively the periods of absence without leave into extraordinary leave is absolute and not subject to any condition.

25.              Leave to a person on probation

A person appointed to a post on probation shall be entitled to leave under these rules as a temporary or a permanent University employee according as his appointment is against a temporary or a permanent post:

Provided that where such person already holds a lien on a permanent post before such appointment, he shall be entitled to leave under these rules as a permanent employee.

26.              Leave to persons re-employed after retirement

In the case of a person re-employed after retirement, the provisions of these rules shall apply as if he had entered University service for the first time on the date of his re-employment.

27.              Leave preparatory to retirement

A University employee may be permitted by the authority competent to grant leave to take leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days together with half pay leave due, subject to the  condition that such leave extends upto and includes the date of retirement.

Note :-    The leave granted as leave preparatory to retirement shall not include Extraordinary leave.

28.              Leave/ cash payment in lieu of leave beyond the date of retirement, Compulsory retirement or quitting of service.

(1)               No leave shall be granted to a University employee beyond –

(a)                the date of his retirement, or

(b)               the date of his final cessation of duties, or

(c)                the date on which he retires by giving notice to the University or he is retired by the University by giving him notice or pay and allowances in lieu of such notice, in accordance with the terms and conditions of his service, or

(d)               the date of is resignation from service.

(2)        (a)        Where a University employee retires on attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to grant leave shall suo motu issue an order granting cash equivalent of leave salary for earned leave, if any, at the credit of the employee on the date of his retirement, subject to a maximum of 300 days.

            (b)        The cash equivalent under clause (a) shall be calculated as follows and shall be payable in one lumpsum as a one-time settlement.

                                    No House Rent Allowance or Compensatory (City) Allowance shall be payable –

                                                Pay admissible on the               

                                                date of retirement plus  

                                                dearness allowance                   Number of days of unutilized    

                                    admissible on that date  earned leave at credit on the

Cash equivalent   =                                                X    date of retirement subject to                                                                 30                                 the maximum of 300 days                                                                    

            (3)        The authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of a University employee who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him.  On conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of University dues, if any.

            (4)        (a)        Where the service of a University employee has been extended, in the interest of public service beyond the date of his retirement, he may be granted-

(i)                  during the period of extension, any earned leave due in respect of the period of such extension plus the earned leave which was at his credit on the date of his retirement subject to a maximum as prescribed in Rule 19.

(ii)                after expiry of the period of extension, cash equivalent in the manner provided in sub-rule (2) in respect of earned leave at credit on the date of retirement, plus the earned leave earned during the period of extension, reduced by the earned leave availed of during such period, subject to a maximum of 300 days.

(b)        The cash equivalent payable under sub-clause (ii) of clause (a) of this sub-rule shall be calculated in the manner indicated in clause (b) of sub-rule (2) above.

            (5)        A University employee who retires or is retired from service in the manner mentioned in clause (c) of sub-rule (1), may be granted suo motu, by the authority competent to grant leave, cash equivalent of the leave salary in respect of earned leave at his credit subject to a maximum of 300 days and also in respect of all the half pay leave at his credit provided this period does not exceed the period between the date on which he so retires or is retired from service and the date on which he would have retired in the normal course after attaining the age prescribed for retirement under the terms and conditions governing his service.  The cash equivalent shall be equal to the leave salary as admissible for earned leave plus dearness allowance admissible on the leave salary for the first 300 days, at the rates in force on the date the University employee so retires or is retired from service.  The pension and pension equivalent of other retirement benefits and ad hoc relief / graded relief on pension  shall be deducted from the leave salary paid for the period of half pay leave, if any, for which the cash equivalent is payable.  The amount so calculated shall be paid in one lumpsum as a one-time settlement.  No House Rent Allowance or Compensatory (City) Allowance shall be payable.

                                    Provided that if leave salary for the half pay leave component falls short of pension and other pensionary benefits, cash equivalent of half pay leave shall not be granted.

            (5-A)   Where a University employee is compulsorily retired as a manner of penalty and the disciplinary authority has not imposed any reduction in the amount of his pension (including gratuity), the authority competent to grant leave shall suo motu issue an order granting cash equivalent of leave salary for earned leave, if any, at credit of the University employee on the date of such retirement, subject to a maximum of three hundred days in the manner indicated in clause (b) of sub-rule (2).

              (6)  (a)  (i)       Where the services of a University employee are terminated  by notice or by payment of pay and allowances in lieu of notice, or otherwise in accordance with the terms and conditions of his appointment, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date on which he ceases to be in service subject to a maximum of 300 days.

(ii)                If a University employee resigns or quits service, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150 days.

(iii)               A University employee, who is re-employed after retirement may, on termination of his re-employment, be granted suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of termination of re-employment subject to a maximum of 300 days, including the period for which encashment was allowed at the time of retirement.

   (b)     The cash equivalent payable under Clause (a) shall be calculated in the manner indicated in Clause (b) of sub-rule (2) and for the purpose of computation of cash equivalent under sub-clause (iii) of Clause (a), the pay on the date of the termination of re-employment shall be the pay fixed in the scale of post of re-employment before adjustment of pension and pension equivalent of other retirement benefits, and the dearness allowance appropriate to that pay.

28-A.   Cash equivalent of leave salary in case of death in service

            In case a University employee dies while in service, the cash equivalent of the leave salary that the deceased employee would have got had he gone on earned leave that would have been due and admissible to him but for the death on the date immediately following the death and in any case, not exceeding leave salary for 300 days, shall be paid to his family (in the manner specified in Rule 28-C) without any reduction on account of pension equivalent of death-cum-retirement gratuity.

                Note :- In addition to the cash equivalent of leave salary admissible under this rule, the family of the deceased University employee shall also be entitled to payment of dearness allowance only.

28-B.   Cash equivalent of leave salary in case of invalidation from service

            A University employee who is declared by a medical authority to be completely and permanently incapacitated for further service may be granted, suo motu, by the authority competent to grant leave, cash equivalent of leave salary in respect of leave due and admissible, on the date of his invalidation from service, provided that the period of leave for which he is granted cash equivalent does not extend beyond the date on which he would have retired in the normal course after attaining the age prescribed for retirement under the terms and  conditions governing his service.  The cash equivalent thus payable shall be equal to the leave salary as calculated under sub-rule (5) of Rule 28.  A University employee not in permanent employ shall not however be granted cash equivalent of leave salary in respect of half pay leave standing at his credit on the date of his invalidation from service.

28-C.   Payment of cash equivalent of leave salary in case of death, etc., of University employee

            In the event of the death of a University employee while in service or after retirement or after final cessation of duties but before actual receipt of its cash equivalent of leave salary payable under Rules 28, 28-A and 28-B, such amount shall be payable-

            (i)         to the widow, and if there are more widows than one, to the eldest surviving widow if the deceased was a male University employee, or to the husband, if the deceased was a female University employee;

(ii)                failing a widow or husband, as the case may be, to the eldest surviving son; or an adopted son;

(iii)               failing (i) and (ii) above, to the eldest surviving unmarried daughter;

(iv)              failing (i) to (iii) above, to the eldest surviving widowed daughter;

(v)                failing (i) to (iv) above, to the father;

(vi)              failing (i) to (v) above, to the mother;

(vii)             failing (i) to (vi) above, to the eldest surviving brother below the age of eighteen years;

(viii)           failing (i) to (vii) above, to the eldest surviving unmarried sister;

(ix)              failing (i) to (viii) above, to the eldest surviving widowed sister;

(x)                failing (i) to (ix) above, to the eldest surviving married daughter; and

(xi)              failing (i) to (x) above, to the eldest child of the eldest predeceased son.

28-D.   Cash equivalent of leave salary in case of permanent absorption in public sector undertaking/ autonomous body wholly or substantially owned or controlled by the Central/ State Government.

            An employee who has been permitted to be absorbed in a service or post in or under a corporation or company wholly or substantially owned or controlled by the Central Government or State Government or in or under a body controlled or financed by one or more than one Government shall be granted suo motu by the authority competent to grant leave cash equivalent of leave salary in respect of earned leave at his credit on the date of absorption subject to a maximum of 300 days.  This will be calculated in the same manner as indicated in Clause (b) of sub-rule (2) of Rule 28.

            Decisions :-

(1)               Cash equivalent of leave salary for earned leave to be paid in cases of voluntary retirement/ pre-mature retirement/ invalidation even if the period goes beyond the date of superannuation :-

Encashment of Earned Leave due and admissible subject to a maximum of 300 days may be allowed in cases of pre-mature / voluntarily retirement or retirement on invalidation, even if this exceeds the period between the date on which the officer retires and the date on which he would have retired in the normal course on superannuation.

(2)               Increment during leave :-

(a)                If the normal date of increment of an employee falls during a period when he remains on earned leave/ commuted leave/ half pay leave/ leave not due, the benefit of such increment will be given to him only from the date he joins duty on expiry of such leave though the actual date of next increment shall remain unaffected.

(b)               In the case of an employee who dies while on any of leave for which leave salary is payable, a lumpsum  ex-gratia payment, in addition to the normal entitlements under leave rules, may be allowed to the member of his family as specified in Rule 28-C.  The ex-gratia payment shall be equivalent to the difference between the amount of leave salary as well as cash equivalent of leave salary admissible as per rules and 28-A and the amount of leave salary as well as cash equivalent of leave salary which would have been admissible if the benefit of the increment falling due during the currency of leave period until date of death was allowed from its due date without waiting for rejoining duty of the employee.

(3)               Applicable to re-employed pensioners also :-  The provision of rule 28-A is applicable in the case of re-employed pensioners also.

(4)               Calculation of cash equivalent in respect of half pay leave at credit :-

Calculation of cash equivalent in respect of Half pay leave at credit shall be made as under:-

                                                Half pay leave salary plus

                                                Dearness Allowance if

                                                admissible (minus) pension,

                                                pension equivalent of gratuity          

                                                and relief on pension if                   

Cash payment in lieu                 Dearness Allowance is                    Number of days

of half pay leave                        admissible on half pay leave            of HPL due on


component               =                                                              X     the date of

30                                                                      retirement on

                                       superannuation

                        The amount so calculated shall be paid in one lumpsum as a one-time settlement.

            (5)        Encashment of earned leave while availing LTC :-

                                    Encashment of 10 days’ earned leave may be allowed at the time of availing of Leave Travel Concession, subject to the conditions that :-

(a)                the total leave so encashed during the entire career does not exceed 60 days in the aggregate;

(b)               earned leave of at least an equivalent duration is also availed of simultaneously by the employee;

(c)                a balance of 30 days of earned leave is still available to the credit of the employee after taking into account the period of encashment as well as leave; and

(d)               the period of leave encashed shall be deducted from the quantum of leave that can be normally encashed by him at the time of superannuation.

29.           Leave salary

(1)               A University employee who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.

Note :-    In respect of any period spent on foreign service out of India, the pay which the University employee would have drawn if on duty in India but for foreign service out of India shall be substituted for the pay actually drawn while calculating leave salary.

(2)               A University employee on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).

(3)               A University employee on commuted leave is entitled to leave salary equal to the amount admissible under sub-rule (1).

(4)               A University employee on extraordinary leave is not entitled to any leave salary.

(5)               In the case of a University employee who is granted leave earned, by him during the period of re-employment, the leave salary shall be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.

30.              Advance of leave salary

A University employee, including an employee on foreign service, proceeding on leave for a period not less than thirty days may be allowed an advance in lieu of leave salary upto a month’s pay and allowances admissible on that leave salary subject to deductions on account of Income Tax, Provident Fund, House Rent, Recovery of Advances etc.

 

 

 

SECTION –V

SPECIAL KINDS OF LEAVE

31.              Maternity Leave

(1)               A female University employee with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 135 days from the date of its commencement.

(2)               During such period she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3)               Maternity leave not exceeding 45 days may also be granted to a female University employee (irrespective of the number of surviving children) during the entire service of that employee in case of miscarriage including abortion on production of medical certificate.

(4)               (a)        Maternity leave may be combined with leave of any other kind.

(c)                Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 22 or sub-rule (1) of Rule 23, leave of the kind due and admissible (including commuted leave for a period  not exceeding 60 days and leave not due) upto a maximum of one year may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

(5)               Leave in continuation of leave granted under clause (b) of sub-rule (4) may be granted on production of a medical certificate for the illness of the female employee.  Such leave may also be granted in case of illness of a new born baby, subject to production of medical certificate to the effect that the condition of the ailing baby warrants mother’s personal attention and that her presence by the baby’s side is absolutely necessary.

(6)               Maternity leave shall not be debited against the leave account.

Note :-

(i)                   Unmarried female University employees also eligible for maternity leave.  Since the word ‘female’ in the rule does not specifically refer to the marital status of the female and the word ‘married’ is not prefixed to the word ‘female’, the maternity leave as admissible may be grated to an unmarried female employee also.

(ii)                 The abortion induced under the Medical Termination of Pregnancy Act, 1971, should also be considered as a case of abortion for the purpose of granting maternity leave under the rules.

(iii)                No maternity leave for threatened abortion – It is clarified that ‘abortion’ does not include ‘threatened abortion’ and maternity leave cannot be granted in case of threatened abortion.

Paternity Leave for 15 days -  A male University employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife.  During the period of such leave, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.  Paternity leave shall not be debited against the leave account and may be combined with any other kind of leave ( as in the case of Maternity leave).  It may not normally be refused under any circumstances.

31-A.   Leave to a female University employee on adoption of a child

            A female University employee on adoption of a child, may be granted leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period upto one year or till such time the child is one year old, whichever is earlier.  However, this facility will not be admissible in case she is already having two surviving children at the time of adoption.

32.       Hospital Leave

(1)               The authority competent to grant leave may grant hospital leave to an employee for medical treatment in a hospital or otherwise for illness or injury if such illness or injury is directly due to risks incurred in the course of official duty.  This leave will be available to such employees only, whose duties expose them to such illness or injury.

(2)               Hospital leave shall be granted on the production of medical certificate from an Authorised Medical Officer.

(3)               Hospital Leave may be granted for such period as the authority granting it may consider necessary, on leave salary-

(i)                  equal to leave salary while on earned leave, for the first 120 days of any period of such leave; and

(ii)                equal to leave salary during half pay leave, for the remaining period of such leave.

(4)               Hospital leave shall not be debited against the leave account and may be combined with any other kind of leave which may be admissible, provided the total period of leave, after such combination, does not exceed 28 months.

33.       Quarantine Leave :-

            Quarantine Leave is leave of absence form duty necessitated by orders not to attend office in consequence of infectious diseases in the family, in the household of an employee.  Quarantine Leave may be granted on the certificate of the medical or Public Health Officer for a period not exceeding 21 days or in exceptional cases 30 days.  Any leave necessary for Quarantine purposes in excess of this period shall be treated as ordinary leave.  Quarantine leave may also be granted if necessary in continuation of other leave subject to the above maximum limit.  An employee on quarantine leave is not treated as absent form duty and his pay is not affected.

 

SECTION –VI

CASUAL LEAVE AND SPECIAL CASUAL LEAVE

34.              Casual Leave

(1)               Casual leave is not a recognised form of leave.  An official on casual leave is not treated as absent from duty and his pay is not intermitted on this account.

(2)               Casual leave cannot be combined with any other kind of leave except with special casual leave.,  It may be combined with holidays including Sundays.

(3)               Sundays and Holidays falling during a period of casual leave are not counted as part of casual leave.

(4)               Sundays/ public holidays/ weekly offs can be prefixed/ suffixed to casual leave.

(5)               Casual leave can be taken for half-day also.

(6)               Casual leave is essentially intended for short periods.  It shall not normally be granted for more than 5 days at any one time.

(7)               Casual leave cannot be carried over to the next calendar year.

(8)               Casual leave cannot be claimed as of right and its grant is always subject to exigencies of service.

(9)               A whole time official shall be entitled to 8 days casual leave in a calendar year.

(10)           Officials joining  during the middle of a year may avail casual leave proportionately for the full period at the discretion of the competent authority.

35.              Special Casual Leave

35-A.   For participation in sports and cultural activities.

            (1)        (a)        Sports events :-  Special casual leave admissible for a period not exceeding 30 days in a calendar year for –

(i)         participating in sporting events of national/ international importance;

(ii)        coaching or training campus under Rajkumari Amrit Kaur Coaching Scheme or similar All India coaching or training schemes;

(iii)               Coaching or training campus at the National Institute of Sports, Patiala

(iv)              Coaching camps in sports organised by National Sports Federation/ Sports Boards recognised by Government

(v)                Participating in mountaineering/ trekking expeditions.

(b)        Special casual leave for a period not exceeding 10 days in any one calendar year may also be granted for participating in inter-university and inter-departmental tournaments and sporting events held in or outside Delhi.

(2)               Cultural Activities :- Special casual leave may also be granted to employees participating in dancing and singing competitions at Regional, National or International level, organised by Government of India / State Government/ Government sponsored Bodies, i.e., Institutions and organisations  which are substantially controlled by Government and receive substantial assistance in the form of grant-in-aid, subject to a maximum of 15 days in a calendar year.

35-B.   For Family Planning

In addition to above, special casual leave to the extent mentioned below, may also be granted –

(1)        In the case of Male Employees :- Male University employees who undergo vasectomy operation under the Family Welfare Programme for the first time may be granted special casual leave not exceeding six working days.  Sundays and closed holidays intervening should be ignored while calculating the period of special casual leave.  If any employee undergoes vasectomy operation for the second time on account of the failure of the first operation, special casual leave not exceeding six days may be granted again  on production of a certificate from the medical authority concerned to the effect that the second operation was performed due to the failure of the first operation.

(2)        In the case of Female Employees :- 

(a)                Female University employees who undergo tubectomy operations – whether puerperal or non-puerperal, may be granted special casual leave not exceeding 14 days.

(b)               In the case of female University employees who undergo tubectomy operation for the second time on account of the failure of the first operation,  special causal leave not exceeding 14 days may be granted again on production of a medical certificate from the prescribed medical authority concerned to the effect that the second operation was performed due to the failure of the first operation.

(c)                Female University employees who have insertions of Intra-Uterine Contraceptive Devices may be granted special casual leave on the day of the IUCD insertion.

(d)               Female University employees who have re-insertions of Intra-Uterine Device (IUD) may be granted special casual leave on the day of the IUD re-insertion.

(e)                Female University employees who undergo salpingectomy operation alongwith Medical termination of Pregnancy  (MTP) may be granted special casual leave not exceeding 14 days.

Female employees who undergo salpingectomy operation alongwith medical termination of pregnancy and avail the facility of maternity leave for six weeks will NOT be entitled to additional 14 days of special casual leave.

(3)               Male employees whose wives undergo tubectomy operation –

(a)                Male University employees whose wives undergo either puerperal or non-puerperal tubectomy operation for the first time or for the second time due to failure of the first operation (under Family Welfare Programme) may be granted special casual leave for 7 days subject to the production of a medical certificate stating that their wives have undergone tubectomy operation for the second time due to the failure of the first operation.  It shall not be necessary to state in the certificate that the presence of the University employee is required to look after the wife during her convalescence. 

(b)               Male University employees whose wives undergo tubectomy/ salpingectomy  operation after Medical Termination of Pregnancy (MTP) may be granted special casual leave upto 7 days subject to the production of the medical certificate stating that their wives have undergone tubectomy/ salpingectomy operation after Medical Termination of Pregnancy.  It shall  not be necessary to state in the certificate that the presence of the University employee is required to look after the wife during her convalescence.

(c)                Special casual leave has to follow the date of operation – The grant of special casual leave to a male University employee whose wife undergoes tubectomy operation is intended to enable him to look after his family after the operation.  In the circumstances, the special casual leave will necessarily have to follow the date of operation and there cannot be any gap between  the date of operation and the date of commencement of special casual leave.

(4)               Special casual leave to women employees when their husbands undergo vasectomy operation – Special casual leave for one day, on the day when their husbands undergo vasectomy operation may be given to women University employees, to enable them to attend on their husbands.

(5)               In case of post-sterilization operation complications – A University employee who requires special casual leave beyond the limits laid down for undergoing sterilization operation owing to the development of post-operation complications may be allowed special casual leave to cover the period for which he or she is hospitalized on account of post-operational complications, subject to the production of a certificate from the concerned hospital authorities / an authorized medical attendant.  In addition, the benefit of the additional special casual leave may also be extended, to the extent of seven days in case of vasectomy operation and fourteen days in case of  tubectomy operation, to such University employees who after sterilization operation do not remain hospitalized but at the same time, are not found fit to go to work, subject to the production of a medical certificate from the appropriate authority in the concerned hospital/ authorised medical attendant.

(6)               Admissible for sterilization operation by laproscopic method also –  The provisions relating to grant of special casual leave to male and female University employees may also be applied to cases where the sterilization operation is performed by laproscopic method.

(7)               For undergoing recanalizaiton operation :- University employees who undergo operation for recanalization may be granted special casual leave up to a period of 21 days or actual period of hospitalization as certified by the authorisied medical attendant, whichever is less.  In addition special casual leave can also be granted for the actual period of the to and fro journey performed for undergoing this operation.  The grant of special casual leave for recanalization operation (without any commitment to the re-imbursement of medical expenses) is subject to the following conditions :-

(i)       the operation should have been performed in hospital/ medical college/ institute where facilities for recanalization are available.  If the operation is performed in a private hospital, it should be one nominated by the State Government/ Union Territory Administration for performing recanalization operations.

(ii)        the request for grant of special casual leave is supported by a medical certificate from the doctor who performed the operation to the effect that hospitalization of the University employee for the period stipulated therein was essential for the operation and post-operation recovery.

(iii)       The concession indicated above is admissible to University employees who-

(a)                are unmarried; or

(b)               have less than two children; or

(c)                desire recanalization for substantial reasons, e.g., a person has lost all male children or all female children after vasectomy/ tubectomy operation performed earlier.

(8)               Combining with regular/ casual leave :- Special casual leave connected with sterilization/ recanalization under family welfare programme may be suffixed as well as prefixed to regular leave or casual leave.  However, special casual leave should not be allowed to be prefixed both to regular leave and casual leave.  Special casual leave should either be pre-fixed to regular or to casual leave and not both.  Similarly special casual leave may be suffixed either to regular leave or to casual leave and not both.  The intervening holidays and or Sundays may be prefixed/ suffixed to regular leave, as the case may be.

35-C.   Miscellaneous

Special casual leave not exceeding ten days in any one calendar year may also be granted–

(1)               to serve as Juror or Assessor or to give evidence before the Court of Law as a witness in a civil or criminal case in which his private interests are at issue.  The leave so granted should be sufficient to cover the period of absence necessary;

(2)               when deputed to attend reference libraries of other institutions and conferences of educational gathering of learned and professional society in the interests of the University or other academic work which will include working on the Committees appointed by the University / Government/ U.G.C;  lecturing and examination work or such other work as may be specified by the University.

(3)               to participate in literary, scientific or educational symposia or seminar or cultural or athletic or sports activities conducted by the University or by bodies recognised by the University; or

(4)               Natural Calamities, Bandhs etc. – When employees residing at  places 8 km. away from office, are unable to attend office due to dislocation of traffic arising out of natural calamities, bandhs etc.; if the absence was due to picketing or disturbances or curfew, special casual leave may be granted irrespective of the distance from residence to office.

If, however, the official had applied, or applies, for leave for genuine reasons, e.g., medical grounds etc; for the day/ days of the bandh, he may be granted the leave admissible including Casual Leave, and not Special Casual Leave.

(5)               During Elections – During General Elections/ bye-elections to Lok Sabha / State Assembly, employees enrolled as voters in a constituency but having offices in another constituency, are entitled to a day’s special casual leave on the day of Election in their home constituency to enable them to exercise their franchise  if their offices are not closed on that day.

(6)               Donating blood to recognised Blood Banks on working days (for that day only).

(7)               To do such other work as may be approved by the University.

(8)               Combination of special casual leave with ordinary casual leave/ regular leave – It is open to the competent authority to grant casual leave in combination with special casual leave; but in cases where it is permissible to grant regular leave in combination with special casual leave, casual leave should not be granted in combination with both special casual leave and regular leave.

Note :-  In computing the ten days’ leave admissible, the days of actual journey, if any, to and from the place where activities specified above, take place will  be excluded.

36.              Study Leave

(1)               Study Leave may be granted to University employees with not less than five year’s service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties or being capable of widening his mind in a manner likely to improve his ability.

(2)               Sanctioning authority :-  Board of Management of the University on the recommendation of the Vice-Chancellor, subject to the condition –

(i)         Course should be certified to be of definite advantage to University from the point of view of public interest.

(ii)                The particular study or study tour  should be approved by the authority competent to grant leave

(iii)               The official on his return should submit a full report on the work done during study leave.

(3)               Not granted-

(a)                for studies out of India if facilities for such studies exist in India.

(b)               to an official due to retire within three years of return from the study leave.

(c)                to same official with such frequency as to remove him from contact with his regular work or cause cadre difficulties owing to his absence on leave.

(4)               The official should have satisfactorily completed period of probation and rendered not less than five years of regular continuous service including the period of probation.

(5)               Maximum period is 24 months in the entire service and may be granted at a stretch or in different spells.

(6)               This will not be debited to the leave account.  May be combined with any other leave due, but maximum period of continuous absence, including vacation, if any, but excluding extraordinary leave, should not exceed 28 months generally, and 36 months for study leading to Ph.D. degree.

(7)               Requisite Bonds in the prescribed forms are required to be executed by the official.

(8)               Before grant of leave outside India, Finance Ministry’s agreement for release of foreign exchange is necessary.

(9)               If the course falls short of the study leave, the official should resume duty on conclusion of the course; or the excess period may be treated as ordinary leave with the leave sanctioning authority’s prior approval.

(10)           Leave Salary – (a)        Outside India :- Pay last drawn plus dearness allowance, house rent allowance, compensatory (city) allowance and in addition, such allowance admissible; (b) In India : Leave salary will be equal to pay last drawn plus dearness allowance, HRA and CCA.  No study allowance admissible.  Stipend, scholarship or remuneration for any part-time employment during the period of study leave should be adjusted against the leave salary subject to the condition that the leave salary will not be less than that admissible during half pay leave.

Note :- HRA and CCA are payable for the first 180 days at the rates applicable at the last place ofa duty, continuance beyond 180 days will be subject to the production of prescribed certificates for the drawal.

(11)           Officials granted study leave shall not be paid T.A.

(12)           Resignation or retirement after study leave or not completing the course of study – An official, who after availing of study leave resigns from service or otherwise      quits within three years after return to duty or does so without returning to duty at all from study leave, or fails to complete the course of study, should refund (i) the actual amount of leave salary, study allowance, cost of fees, T.A., and other expenses, if any, incurred by the University, and  (ii) the actual amount, if any, of the cost incurred by other agencies such as Foreign Governments, Foundations, Trusts in connection with the course of study, with interest thereon at the prescribed rates.  In exceptional cases, the Board of Management may waive or reduce such recoveries.

37.              Compensatory Off :-

(i)         Compulsory attendance on Sundays or other public holidays justifies the grant of compensatory leave in lieu of duty on Sundays etc., for the number of days an employee is required to attend the office unless it is imposed on him as a penalty or it is required to clear arrears for which he is personally responsible.

(ii)                The attendance in such cases should  be under the previous orders of the officer-in-charge/ Registrar.

(iii)               The accumulation of compensatory leave will not be subject to any limit, but such leave should ordinarily be allowed within a month of its becoming due.

Provided that not more than two days’ compensatory leave is allowed to be availed at a time.

38.              Earned Leave to Ad-hoc employees :-

In cases of ad-hoc appointments, which are for brief periods, the ad-hoc employees may be allowed earned leave at the rate of 2 ½ days per month of completed service.  While granting the leave, the leave should be for full days and not half a day.  They will not be entitled to the benefit of encashment of earned leave on termination of their service.

If ad-hoc appointments made for brief periods initially, however, for some reasons, continue beyond a period of three years without a break, such ad-hoc employees may be extended the benefit of all kinds of leave as admissible to temporary employees under these rules, from the date of their initial employment.

39.              Interpretation :-

Where any doubt arises as to the interpretation of these rules, the clarifications, decisions as contained in Government rules shall be applicable.

40.              Power to Relax :-

Where University is satisfied that the operation of any of these rules causes undue hardship in any particular case, the University, may by order, for reasons to be recorded in writing, dispense with or relax the requirement of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner with the concurrence of the Board of Management.

 

 

********

 

BOM Resolution – 10.12 dated 9.6.2000