[1][Khyber Pakhtunkhwa]

Civil Servants Revised Leave Rules, 1981

            No. FD. SO (SR-IV) 5-54 / 80 (Vol:II) dated 17-12-1981.---In exercise of the powers conferred by section 26 of the [2][Khyber Pakhtunkhwa] Civil Servants Act, 1973 ([3][Khyber Pakhtunkhwa] Act XVIII of 1973) and in supersession of this Department’s Notification No. FD.SO(SR-IV) 1-17/78, dated the 20^th November, 1979, the Governor of the [4][Khyber Pakhtunkhwa] is pleased to make the following rules namely:-- 

1.         Short title, commencement and application.---(1) These rules may be called the [5][Khyber Pakhtunkhwa] Civil Servants Revised Leave Rules, 1981.

(2)        They shall come into force at once.

(3)        They shall apply to all Civil Servants under the rule making authority of the Governor except those who opted not to be governed by the [6][Khyber Pakhtunkhwa] Civil Servants Leave Rules, 1979.

2.         Admissibility of Leave of Civil Servant.---Leave shall be applied for, expressed and sanctioned in terms of days and shall be admissible to a civil servant at the following rate and scale:---

(i)         A civil servant shall earn leave only on full pay. It shall be calculated at the rate of four days for every calendar months of the period of duty rendered and credited to the leave account as “leave on fully pay” duty period of 15 days or less in a calendar month being ignored and those of more than 15 days being treated as a full calendar month, for the purpose. If a civil servant proceeds on leave during a calendar month and returns from it during another calendar month and the period of duty in either month is more than 15 days, the leave to be credited for both the incomplete months will be restricted to that admissible for one full calendar month only.  

(ii)        The provisions of clause (i) will not apply to vacation departments. A civil servant of a vacation department may earn leave on full pay as under:--

(iii)       There shall be no maximum limit on the accumulation of such leave.

[7][Note.              Deleted]

3.         When leave earned.---(a) All service rendered by a civil servant qualifies him to earn leave in accordance with these rules but shall not be earned during the period of leave.

            (b)        Any period spent by a civil servant in foreign service qualifies him to earn leave provided that a contribution towards leave salary is paid to the Government on account of such period.

4.         Grant of Leave on Full Pay.---(1) The maximum period of leave on full pay that may be granted at one time by the competent authority shall be as follows:--

            (2)        The maxima prescribed at (i) and (ii) of sub-rule (1) are independent of each other. In other words a civil servant may be granted, at a time, total leave on full pay on medical certificate upto the permissible extent in continuation of leave upto 120 days without medical certificate, subject to given conditions.

5.         Grant of Leave on Half Pay.---(1) Leave on full pay may be converted into leave on half pay, at the option of the civil servant.

(2)        Debits to the leave account will be at the rate of one day of the former for every two days of the latter, fraction of one-half counting as one full day’s leave on full pay.

            (3)        The request for such conversion shall be specified by the civil servant in his application for the grant of leave.

            (4)        There shall be no limit on the grant of leave on half pay so long as it is available by conversion in the leave account.

6.         Conversion of Leave Account.---(1) All leave at credit in the account of a civil servant who was in service on the 1st day of July, 1978, shall be carried forward and expressed in terms of leave on full pay. The leave account in such cases shall, with effect from 1st July, 1978 or in case of civil servant who was on leave on that date with effect from the date of his return from leave, be recast as under, ignoring the fraction if any:--

(i)            Leave of full pay—

(ii)           Leave on half pay—

            (2)        In carrying forward the leave, the leave at credit of a civil servant in columns 7 and 8 and half of the leave at credit in column 9 of the existing leave account shall be carried forward to the new leave account of the civil servant.

            (3)        The leave availed under the existing rules from column 13 (a) of the leave account shall be debited against the maximum limit of 365 days fixed under rule 4 (1) (iii).

7.         Leave not due.---(1) Leave not due may be granted on full pay, to be offset against leave to be earned in future, for a maximum period of three hundred and sixty five days in the entire period of service, subject to the condition that during the first five years of service it shall not exceed ninety days in all.

(2)           Such leave may be converted into leave on half pay.

(3)        Such leave shall be granted only when there are reasonable Chances of the Civil Servant resuming duty on the expiry of the leave.

(4)        Such leave shall be granted sparingly and to the satisfaction of the sanctioning authority but it shall not be admissible to the temporary civil servants.            

8.         Leave Salary.---(1) Leave pay admissible during leave on full pay shall be the greater of--

(a)        the average monthly pay earned during the twelve complete months immediately preceding the month in which the leave begins; and

(b)        the rate equal to the rate of pay drawn on the day immediately before the beginning of the leave.

            (2)        When leave on half pay is taken, the amount calculated under clause (a) and (b) of sub-rule (1) shall be halved to determine the greater of the two rates.

            [8][(3)      A civil servant shall be entitled to the leave pay at the revised rate of pay if a general revision in pay of civil servants takes place or an annual increment occurs during the period of leave of the civil servant.]

9.         Special Leave to Female Civil Servants.---As female civil servant may, on the death of her husband, be granted special leave on full pay not exceeding 130 days. This leave shall not be debited to her leave account and will commence from the date of death of her husband. For this purpose she will have to produce death certificate issued by competent authority either alongwith her application for special leave or, if that is not possible, the said certificate may be furnished to the leave sanctioning authority separately.

10.       Maternity Leave.---(1)  Maternity leave may be granted on full pay, outside the leave account, to a female civil servant to the extent of ninety days in all from the date of its commencement or forty five days from the date of her confinement, which ever be earlier.       

(2)        Such leave may not be granted for more than three times in the entire service of a female civil servant except in the case of a female civil servant employed in a vacation department who may be granted maternity leave without this restriction.

            (3)        For confinement beyond the third one, the female civil servant would have to take leave from her normal leave account.

            (4)        The spells of maternity leave availed of prior to the coming into force of these rules shall be deemed to have been taken  under these rules.

            (5)        Maternity leave may be granted in continuation of, or in combination with, any other kind of leave including extraordinary leave as may be due and admissible to a female civil servant. 

            (6)        Leave salary to be paid during maternity leave shall be regulated as for other leave, in accordance with the formula provided in rule 8.

(7)        The leave salary to be paid during maternity leave will, therefore, remain unaffected even if any increment accrues during such leave and the effect of such an increment will be given after the expiry of maternity leave.

11.       Disability Leave.---(1) Disability leave may be granted outside leave account on each occasion upto a maximum of seven hundred and twenty days on such medical advice as the head of office may consider necessary, to a civil servant, other than civil servant in part time service, disabled by injury, ailment or disease contacted in course or in a consequence of duty or official position.

            (2)        The leave salary during disability leave shall be equal to full pay for the first one hundred and eighty days and on half pay for the remaining period.

12.       Extraordinary Leave (Leave without Pay).---(1) Extraordinary leave may be granted on any ground upto a maximum period of five years at a time; provided that the civil servant to whom such leave is granted has been in continuous service for a period of not less than ten years. In case a civil servant has not completed ten years of continuous service, extraordinary leave without pay for a maximum period of two years may be granted at the discretion of the leave sanctioning authority. This leave can be granted irrespective of the fact whether a civil servant is a permanent or temporary employee.

            (2)        The maximum period of extraordinary leave without pay combined with leave on full pay and leave on half pay shall be subject to the limit of 5 years prescribed in FR-18, i.e. the maximum period of extraordinary leave without pay that would be admissible to a civil servant who has rendered continuous service for a period of not less than 10 years shall be 5 years less the period of leave on full pay and leave on half pay so combined.

            [9][(3)      Extraordinary leave may be granted retrospectively in lieu of absence without leave.]

13.       Leave on Medical Certificate.---Leave applied for on medical certificate shall not be refused. The authority competent to sanction leave may, however, at its discretion, secure a second medical opinion by requesting the Civil Surgeon or the Medical Board to have the applicant medically examined. The existing provisions contained in Supplementary Rules 212, 213 and Rule 220 to 231 for the grant of leave on medical grounds will continue to apply.

14.       Leave Preparatory to Retirement.---The maximum period upto which a Civil Servant may be granted leave preparatory to retirement shall be 365 days only. It may be taken subject to availability in the leave account, either on full pay or partly on full pay and partly on half pay, or entirely on half pay, at the discretion of the Civil Servant and it will not extend beyond the age of superannuation.

15.       Recreation Leave.---Recreation leave may be granted for fifteen days once in a calendar year, the debit to the leave account may, however, be for ten days leave on full pay;

Provided that such leave shall not be admissible to a Civil servant in a vacation department. 

Note:    Casual Leave (as Recreation Leave) shall, however, continue to be granted for 10 days only subject to other conditions under Government instructions.

16.       Leave Ex-Pakistan.---(1) Leave Ex-Pakistan may be granted on full pay to a civil servant who applied for such leave or who proceeds abroad during leave, or takes leave while posted abroad or is otherwise on duty abroad and makes a specific request to that effect.

            (2)        The leave pay to be drawn abroad shall be restricted to a maximum of three thousand rupees per month.

            (3)        The leave pay shall be payable in sterling, if such leave is spent in Asia other than Pakistan and India.

            (4)        Such leave pay shall be payable for the actual period of leave spent abroad subject to maximum of one hundred and twenty days at a time.

            (5)        The civil servants appointed after 17th May, 1958, shall draw their leave salary in rupees in Pakistan irrespective of the country where they spent their leave. 

            (6)        Leave Ex-Pakistan will be regulated and be subject to the same limits and conditions as prescribed in rule 4,5 and 12.

17.       Assigning reasons for leave.---It shall not be necessary to specify the reasons for which leave has been applied, so long as that leave is due and admissible to a civil servant.

18.       Commencement and end of leave.---Instead of indicating whether leave starts / ends in the forenoon or after-noon, leave shall commence from the day following that on which a civil servant hands over the charge of his post. It shall end on the day preceding that on which he resumes duty.            

19.       Absence after the expiry of leave.---Unless his leave is extended by the leave sanctioning authority, a civil servant who remains absent (except for circumstances beyond his control) after the end of his leave shall not be entitled to any remuneration for the period of such absence and double period of such absence shall be debited against his leave account. Such debit shall if there is insufficient credit in the leave account, be adjusted against future accumulations. Such double debit shall not preclude any disciplinary action that may be considered necessary under any rule for the time being in force after affording a reasonable opportunity to the civil servant concerned to indicate his position.

[10][20.    Encashment of Leave Preparatory to Retirement.--- [11][(1)] Where a civil servant opts not to avail the leave preparatory to retirement admissible to him under rule 14, he shall be allowed leave salary for the period for which leave preparatory to retirement is admissible, subject to a maximum of [12][three hundred and sixty-five] days. For the purpose of lump sum payment in lieu of leave preparatory to retirement only the senior post allowance will be included in the leave pay so admissible. The payment of leave pay in lieu of leave preparatory to retirement may be made to the civil servant either in lump sum at the time of retirement or may at his option, be drawn by him monthwise, in arrears, for and during the period of leave preparatory to retirement. This amendment shall take effect from 01.07.1983.]

[13][(2)     Encashment of leave preparatory to retirement (LPR) not exceeding three hundred and sixty five days shall be effective from the first day of July, 2012 and shall, for the entire period of leave refused or opted for encashment, be applicable to a civil servant retired or, as the case may be, retiring on or, after the first day of July 2012, provided such leave is available at his credit subject to a maximum of three hundred and sixty five days.

(3)        If at any time during such period, leave is granted on account of ill health supposed by medical certificate or for performance of Hajj, the amount of cash compensation on account of leave pay shall be reduced by an amount equal to the leave pay for the period of leave so granted]

            (4)        Leave pay for the purpose of encashment of LPR shall be computed on the basis of pay and allowances reckonable towards pension as shown in the last pay certificate of a civil servant.]

[14][21.   In Service Death, etc.---(1)  In case a civil servant dies, or is declared permanently incapacitated for further service by a Medical Board, while in service, a lump sum payment equal to leave pay upto one hundred and eighty days out of the leave at his credit shall be made to his family as defined for the purposes of family pension or, as the case may be, to the civil servant.

            (2)        For the purpose of lump sum payment under sub rule (1), only the “senior prost allowance” will be included in the “leave pay” so admissible.]

22.       Recall from Leave.---If a civil servant is recalled to duty compulsorily with the approval of the leave sanctioning authority, from leave of any kind, which he is spending away from his headquarters, he may be granted single return fare plus daily allowance as admissible on tour from the station where he is spending his leave to the place where he is required to report for duty. In case he is recalled to duty at headquarters and his remaining leave is cancelled, the fare then admissible shall be for one way journey only. If the order of recall to the civil servant is optional then the concession above mentioned will not be admissible.

23.       Any type of leave may be applied.---A civil servant may apply for the type of leave which is due and admissible to him and it shall not be refused on the ground that another type of leave should be taken in the particular circumstances for example, a civil servant may apply for extraordinary leave or leave on half pay even if leave on full pay is otherwise due and admissible to him, or he may proceed on extraordinary leave followed by leave on half pay and full pay rather than on full pay, half pay and without pay.

24.       Combination of different types of leave etc.---One type of leave may be combined with joining time or with any other type of leave otherwise admissible to the civil servant:

            Provided that leave preparatory to retirement shall not be combined with any other kind of leave.

25.       Civil Servants on leave not to joint duty without permission before its expiry.---Unless he is permitted to do so by the authority which sanctioned his leave a civil servant on leave may not return to duty before the expiry of the period of leave granted to him.

26.       Leave due may be granted on abolition of post, etc.---(1) When a post is abolished, leave due to the civil servant, whose services are terminated in consequence thereof, shall be granted without regard to the availability of a post for the period of leave.

(2)        The grant of leave in such cases shall, so long as he does not attain the age of superannuation be deemed automatically to have also extended the duration of the post and the tenure of its incumbent.

27.       Manner of handing over charge when proceeding on leave, etc.---(1) A civil servant proceedings on leave shall hand over the charge of his post, and if he is in Grade-16 and above, he shall, while handing over charge of the post, sign the charge relinquishment report.

            (2)        If leave ex-Pakistan has been sanctioned on medical grounds, the civil servant shall take abroad with him copy of the medical statement of his case.

28.       Assumption of charge on return from leave, etc.---(1) A civil servant, on return from leave, shall report for duty to the authority that sanctioned his  leave and assume charge of the post of which he is directed by that authority unless such direction has been given to him in advance.

            (2)        In case he is directed to take charge of a post at a station other than that from where he proceeded on leave, travel expenses as on transfer shall be payable to him.

29.       Account Officer to maintain leave account.---(1) Leave account in respect of a civil servant shall be maintained as part of his Service Book.

            (2)        The Account Offices shall maintain the leave accounts of civil servants of whom they were maintaining the accounts immediately before the coming into force of these rules.

30.       Leave to lapse when civil servant quits service.---All leave at the credit of a civil servant shall lapse when he quits service.

31.       Leave application, its sanction, etc.---(1) Except where otherwise stated, an application for leave or for an extension of leave must be made to the head of office where a civil servant is employed and, in the case of the head of office to the next-above administrative authority and ht extent of leave due and admissible shall be stated in the application.                

(2)        An audit report shall not be necessary before the leave is sanctioned.

(3)        When a civil servant submits a medical certificate for the grant of leave, it shall be by an authorised medical attendant in the form attached to these rules.

(4)        Leave as admissible to a civil servant under these rules may be sanctioned by the head of a department, Attached Department, Office or any other officer authorised by him to do so and, when so required, leave shall be notified in the official Gazette.

(5)        In case where all the applications for leave cannot, in the interest of public service, be sanctioned to run simultaneously, the authority competent to sanction leave shall, in deciding the priority of the applications consider:

(i)         whether, and how many applicants can, for the time being, best be spared;

(iii)          whether any applicants were last recalled compulsorily from leave; and

 (iii)      whether any applicants were required to make adjustment in the timing of their leave on the last occasion.

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FORM-I

FORM OF MEDICAL CERTIFICATE

Signature of applicant _________________________________

MEDICAL CERTIFICATE FOR CIVIL SERVANTS RECOMMENDED FOR LEAVE  OR EXTENSION

            I, ________________________ after careful _____________________________  personal examination of the case, hereby certify that, __________________________________ whose signature is given above, is suffering from _____________________________________ and I consider that a period of absence from duty of ___________________________________ more with effect from  _____________________ is absolutely necessary for the restoration of his / her health.

Dated, the _____________________                             Government Medical Attendant 

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FORM-II

APPLICATION FOR LEAVE

            Notes:--Item 1 to 9 must be filled in by all applicants, Item 12 applied only in the case of Government servants of Grade 16 and above.

1.             Name of applicant.

2.             Leave Rules applicable.

3.             Post held.

4.             Department or office.

5.             Pay

6.             House rent allowance / conveyance allowance or other compensatory allowances drawn in the present post.

7.             (a)        Nature of leave applied for.

(b)        Period of leave in days.

(c)        Date of commencement.

            8.         Particular Rule / Rules under which leave is admissible.

9.         (a)        Date of return from last leave.

                        (b)        Nature of Leave.

                        (c)        Period of leave in days.

Signature of applicant

10.            Remarks and recommendation of the Controlling Officer.

11.            Certified that leave applied for is admissible under Rule ………………..…… and necessary conditions are fulfilled.

Signature

Designation

12.        Report of Audit Office.

Signature

Designation

            13.        Orders of the sanctioning authority certifying that on the expiry of leave the applicant is likely to return to the same post carrying the compensatory allowances being drawn by him.

Signature

Designation

Dated……………………..

Explanatory Instructions for Filling up the Leave Account Form

1.         This leave account will be maintained for all civil servants of the Provincial Government who were in service on the 1st July, 1978 including those who were on leave on that date and have not opted to retain the existing leave rules and all others who enter service on or after 1st July, 1978.

2.         All leave at credit in the account of a civil servant who was in service on the 1st July, 1978 shall be converted in terms of leave on full pay at the following rates:--

(i)            Leave of full pay--

(ii)        Leave on half pay--

                        (Fraction, if any, to be ignored).

3.         The leave account shall commence with an opening entry “Due on 1st July, 978” or in the case of a Civil servant, who was on leave on 1st July, 1978 with effect from the date of his return from leave. For the purpose of computing the leave at credit, the service upto 30th June, 1978 will be taken into account. The leave due in terms of leave on full pay in days will be noted in Column No. 21.

4.         (i)         In calculating the leave earned on full pay at the rate of 4 days for every calendar month the duty period of 15 days or less in a calendar month shall be ignored and those of more than 15 days shall be treated as a full calendar month for the purpose. If a civil servant proceeds on leave during a calendar month and returns from it during another calendar month and the period of duty in either month is more than 15 days, the leave to be credited for both the incomplete months will be restrict to that admissible for one full calendar month only. There shall be n maximum limit on accumulation of this leave.

            (ii)        The provision (i) above will not apply to a vacation department. In its case, a civil servant may earn leave on full pay (a) when he avails himself of full vacation in a calendar year ……………..at the rate of one day for every calendar month of duty rendered (b) when during any year he is prevented from availing himself of the full vacation………………………as for a civil servant in a non-vacation department for that year, and (c) when he avails himself of only a part of the vacation…………………………as in (a) above plus such portion of thirty days as the number of days of vacation not taken bear to the full vacation.

5.         (a)        Leave on full pay may be converted into leave on half pay at the option of the civil servant, the debit to the  leave account will be at the rate of one day of the former for every two days of the latter, fraction of one half counting as on full days leave on full pay. The request for such conversion shall be specified by the civil servant in his application for the grant of leave.

            (b)        There shall be no limit on the grant of leave on half pay so long as it is available by conversion in the leave account.

6.         L.P.R. on full pay will be noted in column No. 10 while that on half pay in columns No. 13 and 14.

7.         Leave not due may be granted on full pay to be off-set against leave to be earned in future for a maximum period of 365 days in the entire period of service subject to the condition that during the five years of service it shall not exceed 90 days in all. Such leave may be converted into leave on half pay. It shall be granted only when there are reasonable chances of the civil servant resuming duty.

8.         The grant of Special Leave, Maternity Leave, Disability Leave, Extraordinary Leave, payment of leave pay for refused L.P.R. upto a maximum of 180 days lump sum payment equal to full pay upto 180 days out of leave at credit made to the family of a Government servant whose death occurs while in service, Seaman sick leave, Departmental Leave, Study Leave, Hospital Leave and Quarantine Leave shall be noted in Column No. 22. Maternity leave other than three times in entire service shall however be debited to the relevant column of the leave account.

9.         When a Government servant applies for the leave columns 2 to 7 shall be filled in showing the period of duty upto the date preceding that on which a Government servant intends to go on leave. The full calendar months to be noted in column 5 shall be worked out on the lines indicated in para 4 above.

10.        When a Government servant returns from leave, column 8 to 23 shall be filled in according to the nature of leave. If leave not due to is availed of the minus balance to be shown in column No. 21 should be written in red ink.

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