GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

KASHMERE GATE, DELHI – 110006

 

 

            In pursuance of the provisions of section 28 of Guru Gobind Singh Indraprastha University Act, 1998 (9 of 1998) and clause 19 of the Statute  26, the Board of Management of the Guru Gobind Singh Indraprastha University hereby makes the following regulations relating to Leave as applicable to the teachers appointed by the University.

 

PART – ‘A’

 

LEAVE RULES APPLICABLE TO PERMANENT TEACHERS

 

1.         DEFINITIONS

 

In these rules :-

(i)                  Leave includes “earned leave”, “half-pay leave”, “commuted leave”, “extraordinary leave” and “maternity leave” but does not include periods of unauthorised absence.

(ii)                “Earned leave” means leave earned on the basis of actual service rendered including the vacations.

(iii)               “Half pay leave” means leave earned in respect of completed years of service calculated according to the rules hereinafter contained.

(iv)              “Commuted leave” means leave commuted as provided for in regulations hereafter.

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

(vi)              “Completed years of service” means continuous service of a specific duration under the University and includes periods spent on duty as well as on deputation with the Government and other organisations and leave including extra-ordinary leave, unless otherwise specified.

(vii)             The terms “he”, “him” and “his” include the feminine gender also.

2.                  RIGHT TO LEAVE

(i)                  Leave of any kind or description cannot be claimed as a matter of right.

(ii)                When the exigencies of service, in the opinion of the leave sanctioning authority, so demand, leave of any kind or description, may be refused or revoked by the leave sanctioning authority at any time.

(iii)       In case a teacher is recalled to duty before the expiry of his leave, such recall to duty shall be treated as compulsory in all cases.

3.                  EARNING OF  LEAVE

Except as provided in these rules, leave of a teacher  shall be earned only by period spent on duty by the teacher.

4.                  COMMENCEMENT AND TERMINATION OF LEAVE

(i)                  Leave ordinarily begins from the date on which leave as such is actually availed of and ends on the day preceding the day on which duty is resumed.

(ii)                Sundays or other public holidays (except vacations) may be prefixed as well as suffixed to leave of any kind.

5.                  RETURN TO DUTY FROM LEAVE

Except with the prior permission of the authority which sanctioned him leave, no person on leave shall return to duty before the expiry of the period of leave granted to him.

6.                  COMBINATION 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 at the sole discretion of the leave sanctioning authority.

7.                  GRANT OF LEAVE BEYOND THE DATE OF RETIREMENT AND ON RESIGNATION :

No leave shall be granted beyond the date on which a teacher has to retire, provided that a teacher may be paid cash equivalent of leave salary in respect of the period of earned leave at his credit at the time of retirement on superannuation subject to the following conditions :-

(i)                  The payment of cash equivalent of leave salary for earned leave at credit at the date of retirement shall be subject to the maximum of 300 days.,

(ii)                In respect of a teacher who retires on  attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to do so shall suo-motu issue an order granting cash equivalent of leave salary for the earned leave, if any, at the credit of the teacher on the date of his retirement subject to a maximum of 300 days.

 

(iii)               (a)        The cash payment will 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, but no compensatory (city) or house rent allowance shall be payable.

(b)        The cash equivalent of leave salary for unutilised earned leave shall be calculated in the manner indicated below :-

                                             Pay admissible on the                        

                                             date of retirement plus

                                             dearness allowance                                 

                                             admissible on that date                       Number of days of unutilized

            Cash equivalent =                                                    x         earned leave at credit on the

                                                            30                                      date of retirement subject to

      a maximum of 300 days        

 

 

(iv)    (a)           A teacher, who is re-employed after retirement may, on termination of his re-employment, be granted  suo-motu  by the authority competent to do so, 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 (iii) of rule 7 and for the purpose of computation of  cash equivalent under clause (iii), 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 admissible on that pay.

(v)        A teacher can also avail of, as leave preparatory to retirement, a part of earned leave at his credit.  In that case, he will be allowed the benefit of this rule for the earned leave that remains at credit on the date of retirement in accordance with the terms and conditions stipulated in this rule.

(vi)       Where a teacher is granted extension of service in the interest of the University beyond the date of retirement, the benefit shall be granted on the date of the final retirement after the expiry of the extension to the extent of earned leave at credit on the date of superannuation plus the earned leave earned during the period of extension, reduced by earned leave availed of during such period, subject to a maximum of 300 days.

 

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

(viii)           A teacher who retires from the service of the University by giving notice 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 service, may be granted suo-motu by the authority competent to do so, 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 and / or equal to the leave salary as admissible for earned leave and / or equal to the leave salary as admissible for half pay leave, as the case may be, plus dearness allowance admissible on that leave salary for the first 300 days, at the rates in force on the date the University teacher 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 lump sum as one time settlement.  No house rent  allowance or compensatory (city) allowance shall be payable :

Provided that if the 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;

Provided further that a teacher who is retired by the University by giving him pay and allowances in lieu of notice, cash equivalent of leave salary shall be allowed only for the period of leave excluding that period for which any allowances in lieu of notice have been allowed.

(ix)     (a)          Where the services of a teacher are terminated by giving him a 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 do so, 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.

 

 

(b)        If a teacher resigns or quits service, he may be granted, suo-motu, by the authority competent to do so, 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.

8.                  COMMUTATION OF ONE KIND OF LEAVE INTO ANOTHER KIND

(i)                  At the request of a teacher, the authority which granted him leave may commute any kind of leave retrospectively into leave of another kind which was due and admissible to him at the time the leave was granted :

Provided that such commutation shall be at the sole discretion of the leave sanctioning authority and shall not be claimed by a teacher as a matter of right.

(ii)                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 teacher, 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 sub-rule 9 of rule 15 (leave not due).

9.                  GRANT OF LEAVE ON MEDICAL CERTIFICATE

(i)                  An application for leave made by a teacher on medical grounds, shall be accompanied by a medical certificate in such manner and from such person as may be prescribed, defining as clearly as possible the nature and probable duration of the illness and rest, whenever applicable.

(ii)                It shall be brought to the notice of the medical officer by a teacher who claims illness as a ground of leave that a medical officer shall not recommend grant of leave in any case in which there appears to be no reasonable prospect that the teacher concerned will ever be fit to resume his duties and, in such case, the opinion that the teacher is permanently unfit for University service shall be recorded in the medical certificate.

(iii)               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 an earliest possible date and the teacher concerned shall present himself for re-examination before the medical officer specified by the University.

(iv)              The grant of medical certificate under this rule does not by itself confer upon the teacher concerned any right to leave and the medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited.

(v)                The authority competent to grant leave may, at  its discretion, waive the production of a medical certificate in case of an application for leave on medical grounds for a period not exceeding 3 days at a time.  Such leave shall not, however, be treated as leave on medical certificate and shall be debited against a kind of leave other than leave on medical grounds at the sole discretion of the leave sanctioning authority.

10.              REJOINING DUTY FROM LEAVE ON MEDICAL GROUNDS

A teacher who has been granted leave on medical certificate will be required to produce a medical certificate of fitness before resuming duty in such manner and from such person as may be prescribed.

11.              Leave should always be applied for and sanctioned before it is availed of except in case of emergency and  on providing satisfactory reasons therefor.

12.              (i)         The leave account shall be maintained for each teacher in the school of studies.

(ii)        The order sanctioning earned leave or half pay leave to a teacher shall thereafter indicate the balance of such leave at his credit.

13.              The leave year shall run from 1st January of every year to 31st December of that year.

 

14.              Continuous temporary service put in by a teacher followed by permanent service without any break shall be included  in the permanent service of the teacher for the purpose of computation of leave.

 

 

 

   15.  (1)          LEAVE ADMISSIBLE TO PERMANENT TEACHERS

 

    (a)    The following kinds of leave shall be admissible to permanent teachers.

 

(i)                  Leave treated as duty viz :-

Casual Leave;

Special Casual Leave; and

Duty Leave

(ii)                Leave  earned by duty; viz:-

Earned leave;

Half pay leave; and

Commuted leave.

 

 

(iii)               Leave not earned by duty; viz:-

Extraordinary leave; and

Leave not due

(iv)              Leave not debited to leave account :-

(a)                Leave for academic pursuits; viz:-

Study leave; and

Sabbatical leave or Academic leave

(b)               Leave on grounds of health; viz:-

Maternity leave and quarantine leave

 

    (b)     The Board of Management may, in exceptional cases, grant for the reasons to be recorded, any other kind of leave, subject to such terms and conditions as it may deem fit to impose.

(2)               CASUAL LEAVE

(i)                  A whole time teacher shall be eligible for eight  days casual leave in a year for domestic and private affairs.

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

(iii)               Holidays or sundays falling in between the period of casual leave or prefixing or suffixing casual leave shall not be counted as part of casual leave.

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

(v)                A teacher on casual leave shall not be  treated as absent from duty and his pay shall not be intermitted on this account.

(3)               SPECIAL CASUAL LEAVE

(i)                  Special Casual Leave, not exceeding ten days in a leave year, may be granted to a teacher:

(a)                to conduct examination of a university, Public Service Commissions,  boards of examination or other similar bodies or institutions;

(b)               to inspect academic institutions attached to statutory boards, etc.

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

(d)               to do such other work as may be approved by the Vice-Chancellor as academic work.

NOTE :-

(i)                  In computing the ten days’ leave admissible, the days of actual journey, if any, to and from the places where activities specified above, take place, will be excluded.

(ii)                In addition, special casual leave to the extent mentioned below may also be granted;

(a)                to undergo sterilization operation (vasectomy or salpingectomy) under a family welfare programme in which case leave will be restricted to six working days; and

(b)               to a female teacher who undergoes non-puerperal  sterilization in which case leave this case will be restricted to fourteen days.

(iii)               Special casual leave cannot be accumulated, nor can it be combined with any other kind of leave except casual leave.  It may, however, be granted in combination with holidays or vacations.

(4)               DUTY LEAVE

(i)                  Duty leave may be granted for performing any duty assigned by the University.

(ii)                The duration of leave shall be such as may be considered necessary by the sanctioning authority on each occasion ;

(iii)               The leave may be granted on full pay:

Provided that if the teacher receives a fellowship or honorarium or any other financial assistance beyond the amount needed for normal expenses, he may be sanctioned duty leave on reduced pay and allowances; and

(iv)              Duty leave may be combined with earned leave, half-pay leave or extraordinary leave at the discretion of the leave sanctioning authority.

(5)               EARNED LEAVE

(i)                  Earned leave admissible to a teacher shall be :-

(a)                1/30th of actual service including vacation; plus

(b)               1/3rd of the period, if any, during which he/she is required to perform duty during vacation.

NOTE :

(i)                  For purposes of computation of period of actual service, all periods of leave except casual, special casual and duty leave shall be excluded.

(ii)                Earned leave at the credit of a teacher shall be limited to 300 days.  The maximum earned leave that may be sanctioned at  a time shall not exceed 60 days.  Earned leave exceeding 60 days may, however, be sanctioned in the case of higher studies, or training, or leave with medical certificate, or when the entire leave, or a portion thereof, is spent outside India:

Provided that earned leave taken as leave preparatory to retirement can be availed upto a maximum of 300 days.  Provided further that no permission for private employment except with a public sector undertaking or Government of India or a state government shall be granted.

(iii)               Prefixing and suffixing holidays to leave, other than leave on medical certificate, shall be allowed automatically except in cases where for administrative reasons, permission for suffixing or  prefixing holidays to leave is specifically withheld.  In the case of leave on medical certificate, if the day on which a teacher is certified medically fit for rejoining duty happens to be a holiday, he/she shall be automatically allowed to suffix such holidays to his/her medical leave and such day(s) shall not be counted as leave.

NOTE – 1.

            When a teacher combines vacation with earned leave, the period of vacation shall be reckoned as leave in calculating the maximum amount of leave on average pay which may be included in the particular period of leave.

NOTE –2

            In case where only a portion of the leave is spent outside India, the grant of leave in excess of 120 days shall be subject to the condition that the portion of leave spent in India shall not in the aggregate exceed 120 days.

(6)               HALF PAY LEAVE

Half pay leave admissible to a permanent teacher shall be 20 days for each completed year of service.  Such leave may be granted on the basis of a medical certificate from a registered medical practitioner, or for private affairs or for academic purposes.

NOTE :           A “completed year of service” means continuous service of specified duration under the University and includes periods spent on duty as well as periods of leave including extraordinary leave.

(7)               COMMUTED LEAVE

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

(i)                  Commuted leave during the entire service shall be limited to a maximum of 240 days;

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

(iii)               The total duration of earned leave and commuted leave taken in conjunction shall not exceed 240 days at a time:

Provided that no commuted leave shall be granted under the provision of these rules unless the authority competent to sanction leave has reasons to believe that the teacher will return to duty on its expiry.

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

(3)               Where a teacher 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 in capacitating the teacher for further service or in the event of his death.

NOTE :   Commuted leave may be granted at the request of the teacher even when   earned leave is due to him.

(8)               EXTRAORDINARY LEAVE

(i)                  A permanent teacher may be granted extraordinary leave for good and sufficient reasons :

(a)                when no other leave is admissible; or

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

(ii)                Extraordinary leave shall always be without pay and allowances. 

(iii)               Extraordinary leave shall not count for increment except in the following cases:

(a)                Leave taken on the basis of medical certificate;

(b)               Cases where the Leave Sanctioning authority, as the case may be, is satisfied that the leave was taken due to causes beyond the control of the teacher, such as inability to join or rejoin duty due to civil commotion or a natural calamity, provided that the teacher has no other kind of leave at his credit.

(c)                Leave taken for prosecuting higher studies; or

(d)               Leave granted to accept an invitation to a teaching assignment or a fellowship or research-cum-teaching assignment or an assignment for technical or academic work of importance.

(iv)              Extraordinary leave may be combined with any other leave except casual leave and special casual leave  provided that the total period of continuous absence from duty on leave (including periods of vacation when such vacation is taken in conjunction with leave) shall not exceed three years except in cases where leave is taken on medical certificate. 

(v)                The total period of absence from duty shall in no case exceed five years in all during the entire period of service.

(vi)              The authority empowered to grant leave may commute retrospectively periods of absence without leave into extraordinary leave at its sole discretion for reasons to be recorded in writing.

(9)               LEAVE NOT DUE

(i)                  ‘Leave not due’, may, at the discretion of the Vice-Chancellor, be granted to a permanent teacher for a period not exceeding 360 days during the entire period of service, out of which not more than 90 days at a time and 180 days in all may be otherwise than on medical certificate.  Such leave shall be debited against the half-pay leave earned by him subsequently.

(ii)                ‘Leave not due’ shall not be granted unless the Vice-Chancellor is satisfied that as far as can reasonably be foreseen, the teacher will return to duty on the expiry of the leave and earn the leave granted.

(iii)               A teacher to whom ‘Leave not due’ is granted, shall not be permitted to tender his resignation from service so long as the debit balance in his leave account is not wiped off by active service, or he refunds the amount paid to him as pay and allowances for the period for which it was not earned.  In a case where retirement is unavoidable on account of reason of ill health, incapacitating a teacher for further service, refund of leave salary to the teacher for the period of leave still to be earned may be waived by the Board of Management.

Provided further that the Board of Management may, in any other exceptional case waive, for reasons to be recorded, the refund of leave salary for the period of leave still to be earned.

(10)           MATERNITY LEAVE

(i)                  Maternity leave on full pay may be granted to a female teacher with less than two surviving children for a period not exceeding 135 days from the date of its commencement.

(ii)                Maternity leave may also be granted in case of miscarriage including abortion, subject to the condition that the total leave granted in respect of this to a woman teacher in her career is not more than 45 days, and the application for leave is supported by a medical certificate.

(iii)               Maternity leave may be combined with leave of any other kind, except casual leave, but any leave applied for in continuation of maternity leave may be granted only if the request is supported by a medical certificate.

(11)           PATERNITY LEAVE

Paternity leave of 15 days may be granted to a male teacher with less than two surviving children during the confinement of their wives.  During the period of such leave, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(12)           ADOPTION LEAVE

A female teacher 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  already has two surviving children at the time of adoption.

(13)           QUARANTINE LEAVE

(i)                  Quarantine leave is leave of absence from duty necessitated in consequence of the presence of an infectious disease in the family or household of a teacher.

(ii)                Quarantine leave may be granted on a medical certificate for a period not exceeding 21 days.   In exceptional cases this limit may be raised to thirty days.  Any leave necessary for quarantine purpose in excess of this period shall be treated as ordinary leave.  Quarantine leave may be combined with earned leave, half pay leave or extraordinary leave.

(iii)               A teacher on quarantine leave is not treated as absent from duty and his pay is not affected.

(14)      STUDY LEAVE

(i)                  Study leave may be granted to a permanent whole-time teacher after a minimum of 3 years of continuous service, to pursue a special course of study or research directly related to his work in the University or to make a special study of the various aspects of university organisation and methods of education. The paid period of study leave may be for  3 years, but 2 years may be given in the first instance, extendable by one more year, if there is adequate progress as reported by the research guide:

Provided that the Board of Management, may, in the special circumstances of a case, waive the condition of three years service being continuous.

EXPLANATION:      In computing the length of service, the duration for which a person was on probation or engaged as a research assistant may be reckoned provided –

(a)                the person is a teacher on the date of the application; and

(b)               there is no break in service.

(ii)                Study leave shall be granted by the Board of Management on the recommendations of the Vice-Chancellor.  Study leave shall not be granted for more than three years in one spell, save in very exceptional cases where the Board of Management is satisfied that such extension is unavoidable on academic grounds and necessary in the interest of the University.

(iii)               Study leave shall not be granted to a teacher who is due to retire within five years of the date on which he/she is expected to return to duty after the expiry of study leave.

(iv)              Study leave may be granted not more than twice during one’s career.  However, the maximum period of study leave admissible during the entire service shall not exceed five years.

(v)                No teacher who has been granted study leave shall be permitted to alter substantially the course of study or the programme of research originally agreed to by the Board of Management without the permission of the Board of Management.  When the course of study falls short of study leave sanctioned, the teacher shall resume duty on the conclusion of the course of study unless the previous approval of the Board of Management to treat the period of short fall as extraordinary leave has been obtained.

(vi)              Grant of study leave shall be subject to the provisions of sub-clauses (vii) and (viii) below.

(vii)             The amount of scholarship, fellowship or other financial assistance that a teacher who is granted study leave has been awarded, will not preclude his/her being granted study leave with pay and allowances but the scholarship etc; so received shall be taken into account in determining the pay and allowances on which the study leave may be granted.  The foreign scholarship or the fellowship would be offset against pay only if the fellowship is above a specified amount, which is to be determined from time to time, based on the cost of living of a family in the country in which the study is to be undertaken.  In the case of an Indian fellowship, which exceeds the salary of the teacher, the salary would be forfeited.

(viii)           Subject to the maximum period of absence from duty on leave not exceeding three years, study leave may be combined with earned leave, half pay leave, extraordinary leave or vacation, provided that the earned leave at the credit of the teacher shall be availed of at the discretion of the teacher.  When study leave is taken in continuation of vacation, the period of study leave shall be deemed to begin to run up to  the expiry of the vacation.  A teacher who is selected to a higher post during study leave, will be placed in that position and get the higher scale only after joining the post.

(ix)              A teacher granted study leave shall on his return and re-joining the service of the University may be eligible to the benefit of the annual increment(s) which he would have earned in the course of time if he had not proceeded on study leave.  No teacher shall however, be eligible to receive arrears of increments.

(x)                Study leave shall count as service for pension or contributory provident fund,  as the case may be, provided the teacher joins the University on the expiry of his/her study leave, and serves for the period for which the bond has been executed.

(xi)              Study leave granted to a teacher shall be deemed to be cancelled in case it is not availed of within twelve months of its sanction.

Provided that where study leave granted has been so cancelled, the teacher may apply again for such leave.

(xii)             A teacher availing himself of study leave shall undertake in the bond to be executed by him that he shall serve the University for a continuous period of at least three years to be calculated from the date of his resuming duty after the expiry of the study leave.

(xiii)           A teacher –

(a)                who fails to rejoin his service in the University on the expiry of his study leave; or

(b)               who rejoins the service of the University but leaves the service without completing the prescribed period of service after rejoining the service, or

(c)                who, within the said period, is dismissed or removed from the service of the University,

shall  be liable to refund to the University, the amount of leave salary and allowances and other expenses, incurred on the teacher or paid to him or on his behalf in connection with the course of study approved by the Board of Management.

            Provided that if a teacher had served in the University for a period of not less than half the period of service prescribed for the purpose, on return from study leave, he shall refund to the University half of the amount calculated as above.  In case the teacher has been granted study leave without pay and allowances, he shall be liable to pay the University an amount equivalent to his four months pay and allowances calculated on the basis of pay and allowances last drawn as well as other expenses incurred by the University in connection with the course of study.

EXPLANATION :     (a)        If a teacher asks for extension of Study Leave and is not granted the extension but does not rejoin  duty on the expiry of the leave originally sanctioned, he shall be deemed to have failed to rejoin the service on the expiry of his leave for the purpose of recovery of dues under these rules.

(b)        Notwithstanding the above, the Board of Management may order that nothing in these rules shall apply to a teacher who within three years of return to duty from study leave is permitted to retire from service on medical grounds. 

Provided that the Board of Management may, in any other exceptional case, waive or reduce, for reasons to be recorded, the amount refundable by a teacher under these rules.

(xiv)    (a)         After leave has been sanctioned, the teacher shall, before availing himself of leave, execute a bond in favour of the University in the prescribed form binding himself to service in the University for not less than double the period of study leave sanctioned to him on full, half or no pay, as the case may be,  subject to a maximum period of three years.

            (b)        In addition to executing a bond as aforesaid, the teacher shall furnish security of two permanent teachers and give security of immovable property to the satisfaction of the University or a fidelity bond of an insurance company or a guarantee by a scheduled bank for the amount which might become refundable to the University in accordance with sub-clause (xiii) above.

                        The Sureties furnished should be acceptable to the University. Where the two sureties provided by the teacher are those who are permanent teachers of the institution to which the teacher belongs, the University, may, at its discretion, waive the additional requirement of getting security of immovable property or a fidelity bond of an insurance company or a guarantee by a scheduled bank.  The surety clause shall form part of the study leave bond and the persons giving surety shall be liable to pay to the University the amount recoverable from the teacher concerned on his failure to fulfil the obligations contained in  the bond.

(xv)            The teacher shall submit to the Registrar six monthly reports of progress in his studies from his supervisor or the head of the Institution.  This report shall reach the Registrar within one month of the expiry of every six months of the study leave.  If the report does not reach the Registrar within the specified time, the payment of leave salary may be deferred till the receipt of such report.

(15)      SABBATICAL LEAVE / ACADEMIC LEAVE

(i)                  Permanent whole-time teachers of the University who have completed seven years of service as lecturer selection grade/ reader or professor, may be granted sabbatical Leave to undertake study or research or other academic pursuits solely for the object of increasing their proficiency and usefulness to the University and the higher education system.

(ii)                The duration of leave shall not exceed one year at a time and two years in the entire career of a teacher.

(iii)               A teacher who has availed himself of study leave, shall not be entitled to the sabbatical leave.

(iv)              A teacher shall, during the period of sabbatical leave, be paid full pay and allowances (subject to the prescribed conditions being fulfilled) at the rates applicable to him immediately prior to his proceeding on sabbatical leave.

(v)                A teacher on sabbatical leave shall not take up during the period of that leave, any regular appointment under another organisation in India or abroad.  He may, however, be allowed to accept a fellowship or a research scholarship or ad-hoc teaching and research assignment with honorarium  or any other form of assistance, other than regular employment in an institution of advanced studies, provided that in such cases the Board of  Management may, if it so desires, sanction Sabbatical leave on reduced pay and allowances.

(vi)              During the period of sabbatical leave, the teacher shall be allowed to draw his increments on due date.  The period of leave shall also count as service for purposes of pension or contributory provident fund, as the case may be, provided that the teacher rejoins the University on the expiry of his leave.

NOTE – I :       The programme to be followed by the teacher during the sabbatical leave shall be submitted to the University for approval alongwith the application for grant of leave.

NOTE – II :     On return from leave, the teacher shall report to the University the nature of studies, research or other work undertaken during the period of leave.

15(A)   LEAVE SALARY

(1)               Except as provided for in sub-rule (5), a teacher on earned leave is entitled to leave salary equivalent to the pay drawn immediately before proceeding on leave.

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

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

(5)      In the case of a teacher 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.

 

(B)              ADVANCE OF LEAVE SALARY

(a)                The advance in lieu of leave salary admissible to a teacher proceeding on leave of not less than thirty days shall include allowances as well as be subject to deduction on account of income tax, provident fund, house rent, recovery of advance etc.

(b)               In case a teacher who dies in harness, the cash equivalent of the leave salary that the deceased employee would have got, had he gone on earned leave, but for his death, due and admissible on the date immediately following the date of death, subject to a maximum of leave salary for 300 days, shall be paid to his legal heir/ heirs.  Further, such cash equivalent shall not be subject to reduction on account of pension equivalent of death-cum-retirement gratuity.

(c)                Half pay leave upto 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 i.e. a course which is certified to be in the public interest by the leave sanctioning authority.

 

PART-B

16.            TEACHERS APPOINTED ON PROBATION :

                        A teacher, appointed as a probationer against a  substantive vacancy and with definite terms of probation, shall during the period of probation, be granted leave which would be admissible to him if he had held his post substantively otherwise than on probation.  If for any reason it is proposed to terminate the services of a probationer, any leave granted to him shall not extend beyond the date on which the probationary period expires or any earlier date on which his services are terminated by the orders of the Board of Management. If a person in the permanent service of the  University is appointed ‘on probation’ to a higher post, he shall not, during probation, be deprived of the benefit of leave rules applicable to his permanent post.

 

PART-C

17.              TEACHERS APPOINTED ON CONTRACT

 

Teacher appointed on contract will be granted leave in accordance with the terms of contract.

 

 

 

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BOM Resolution – 7.6 dated 24.1.2000