GOVERNMENT OF SINDH FINANCE DEPARTMENT
Karachi, dated the 6th January, 1986.
No. FD(SR-II)15-47/78(II).-IN exercise of the powers conferred by section 26 of the Sindh Civil Servants Act, 1973, the Government of Sindh are pleased to make the following rules namely:–
1. (1) These rules may be called The Civil Servants Leave Rules, 1986.
(2) They shall come into force at once.
(3) They shall apply to all civil servants who opted or deemed to have opted for the leave rules contained in the Finance Department Circular F.D. (SR-II) 15-47/78 dated the 5th June, 1979 or who have been appointed by initial recruitment on or after the appointed day.
2. Unless there is anything repugnant in the subject or context
(a) "Accounts Officer" means the Officer, with whatsoever designation known, in whose circle of audit the civil servant is serving;
(b) "Appointed day" means the first day of July 1979;
(c) "Calendar month" means a calendar month during which no earned leave has been enjoyed by a civil servant and include the calendar month during which the earned leave for less than fifteen days has been enjoyed and, if the span of earned leave extends beyond one calendar month and the part of such leave falling severally both In the months of beginning and ending thereof exceeds fifteen days, the calendar months of ending the earned leave;
(d) "Competent authority" means the authority competent to grant leave;
(e) "Duty rendered" means the period of duty rendered by a civil servant in terms of calendar months;
(f) "Earned leave" means the leave earned by a civil servant from the appointed day onwards in accordance with these rules together with the balance of such leave accumulated or debited to the civil servant immediately before the said date in accordance with these rules;
(g) "Form" means a form appended to these rules;
(h) "Leave" means the earned leave applied for granted to a . civil servant out of his leave account;
(i) "Leave account" means the account of the earned leave and the leave granted therefrom maintained in form III.
3. The duty rendered by a civil servant shall qualify him to earn leave in accordance with these rules;
Provided that any period spent in any service in which the civil servant receives his substantive pay from any source other than the revenues of the Province or the Federation shall not so qualify him unless contribution towards leave salary has been paid to the Government on account of such period.
4. Leave shall be applied for, expressed and sanctioned to a civil servant by the competent authority in terms of days.
CHAPTER II. — EARNED LEAVE
5. (1) On and from the appointed day the earned leave shall be calculated–.
(a) In the case of a civil servant other than that in a vacation department at the rate of four days for every calendar month;
(b) In the case of a civil servant in a vacation department:
(i) If such civil servant avails of the full vacation, at the rate of one day for every calendar month;
(ii) If such civil servant avails of only a part of the vacation, at the rate of one day for everycalendar month plus such proportion of thirty days as the number of days not availed bears to the full vacation;
(iii) If such civil servant does not avail of the vacation, at the rate of four days for every calendar month.
(2) All leave earned by a civil servant immediately before the appointed day on average pay and accumulated plus half of the leave earned on half average pay and accumulated shall be brought forward to the leave account as earned leave.
(3) The earned leave admissible to a civil servant shall be calculated upto the day of the grant of leave and at the end of every calendar year for that year and after deducting the leave availed of from the leave admissible the balance shall be brought forward to the leave account for the calendar year immediately following thereafter.
Explanation:–For the purpose of this sub-rule the leave availed of on full and one half of the leave availed of on half pay shall be deducted from the leave admissible.
6. (1) Except otherwise stated, ail application in form 1 for leave or for an extension of leave shall 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.
(2) 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.
Illustration:– 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.
(3) It shall not be necessary to specify the reasons for which earned leave has been applied so long as that leaves is due and admissible to a civil servant.
7. (1) On receipt of an application for grant of leave, the admissibility thereof shall, as far as possible, be assessed from the leave account maintained by the Office Concerned or, as the case may be, the Accounts Officer, before the leave is granted.
(2) Leave under these rules may be granted by the competent authority Office or any Officer authorized by him to do so and where so required shall be notified in the official Gazette.
(3) In case where all the applications for leave cannot, in the interest of public service, be sanctioned simultaneously, the competent authority may consider as to how many applicants can, for the time being, be spared, and shall give priority to-
(a) The applicants who were last recalled compulsorily from leave; and
(b) The applicants who were required to make adjustment in the timing of their leave on the la; occasion to the instant time.
8. The maximum period of leave on full pay that may be granted at one time shall be: –
(a) One hundred and twenty days without medical certificate;
(b) One hundred and eighty days with medical certificate which may be in form II: AND
(c) Three hundred and sixty five days leave on medical certificate from leave account in entire service.
Explanation:– The leave without medical certificate and with medical certificate may, subject to the total maximum limit, be granted at a time.
9. (1) Leave on full pay may be converted into leave on half pay on the request of the civil servant, but the debit to the leave account shall be at the rate of one day for every two days of such leave fraction of one half counting as one full day's leave on full pay.
(2) There shall be no limit on the grant of leave on half pay so long as it is available by conversion.
10. Recreation leave for fifteen days may be granted to a civil servant other than that in a vacation Department, and in lieu , thereof Ten days leave on full pay shall be debited to his leave account.
11. Leave may be granted ex-Pakistan on full pay to a civil servant, who applies 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 for leave to be enjoyed ex-Pakistan:
Provided that the maximum payment in foreign exchange of the leave salary shall not exceed three thousand rupees per mensum payable for the actual period of leave spent abroad subject to a maximum of 120 days at a time:
Provided further that the civil servants appointed after the 1717thday of May, 1958, shall draw their leave salary in rupees in Pakistan, irrespective of the country where they spend their leave.
12. (1) If at any time there is no leave at the credit of a civil servant, and the civil servant is likely to resume duty after availing leave, such civil servant may be granted leave not due on full pay to be offset 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 first five years of service such leave shall not exceed 90 days in all, and the aforesaid limit shall be subject to conversion in accordance with these rules if the whole or any part of such leave is granted on half pay. '
(2) When a civil servant returns from leave not due no leave on full pay shall become due to him until the leave not due availed of is balanced by the earned leave.
13. (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 such civil servant 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.
14. (1) Subject to the availability a civil servant may be grated leave preparatory to retirement, on full pay from the leave account to a maximum of 365 days ending on the date of superannuation or on the date of voluntary retirement on completion of thirty years qualifying service and convertible partly or wholly into leave on half pay, but the duration, of the total leave including the actual period of leave on half pay, if any, shall not exceed 365 days.
Chapter III.-Other types of leave
151. A female civil servant shall be granted n1aternity leave on full pay for a maximum period of ninety days and the leave exceeding the period of ninety days shall be treated as leave admissible to and desired by the civil servants.]
Provided that in the case of a civil servant in a department other than a vacation department earned leave may be grated in lieu of the maternity leave after the third maternity.
16. (1) A female civil servant shall, on the death of her husband, be granted special leave when applied for on full pay, for a period not exceeding 180 days, which shall not be debit d to her leave account.
(2) The special leave shall commence from the date of the death of the husband of the civil servant, and the civil servant shall furnish the death certificate issued by the concerned authority to the competent authority eitheralongwith the application for special leave or, if that is not possible, at any time thereafter.
17. Disability leave may be granted to a civil servant, other than a civil servant in part time service, disabled by injury, ailment or disease contacted in the course or in consequence of duty,outside the leave account on each occasion, upto a maximum of seven hundred and twenty days of which 180 days shall be on full pay and the remaining on half pay on such medical advice as the head of office may consider necessary.
18. (1) A civil servant suffering from any disease which requires his confinement for certain period by way of quarantine may, on the recommendation of the authorized medical Officer, be granted quarantine leave for the said period.
(2) The quarantine leave granted under this rule shall not be debited to the leave account, and the civil servant onsuch leave shall, for all purpose, be treated as on duty.
19. (1) Extra-ordinary leave may be granted on any ground upto a maximum of five years at a time provided the civil servant to whom such leave is granted has been in continuous service for a period of not less than ten years, and in case if a civil servant has not completed ten years of continuous service extraordinary leave for a maximum period of two years may be granted at the discretion of the competent authority.
Rule-15 substituted by Finance Department Notification No. FD(SR- VII) 15/47/78 dated 20th March, 1995.
Provided that the maximum period of five years shall be reduced by the period of leave on full pay or half pay, if granted in combination with the extra-ordinary leave.
(2) Extra-ordinary leave may be granted retrospectively in lieu of absence without leave.
(3) All extra-ordinary leave shall be without pay.
Chapter IV .-Miscellaneous
20. (1) A civil servant may, fifteen months before the date ofsuperannuation or thirty years qualifying service on or after the 1st July, 1983, at his option, be allowed, to encash his leave preparatory to retirement if he under takes in writing to perform duty in lieu of the whole period of three hundred and sixty five days or lesser period which is due and admissible.
(2) In lieu of such leave, leave pay may be claimed at any time during that period at the rate of pay admissible at the time the leave pay is drawn for the actual period of such leave subject to a maximum of one hundred and eighty days.
(3) If at any time during such period leave is granted on account of ill health supported 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 half the period of leave so granted, for example, if an employee who has opted for encashment of such leave, has taken sixty days, leave his cash compensation equal to thirty days leave shall be forfeited.
(4) The civil servant shall submit the option to the authority competent to sanction leave preparatory to retirement, who shall accept the option and issue formal sanction for the payment of cash compensation.
(5) For the purpose of payment in lieu of such leave, only the "Senior Post Allowance" will be included in "leave pay" so admissible".
21. In case a civil servant on leave preparatory to retirement dies before completing 180 days of such leave, his family shall be entitled to lumpsum payment equal to the period falling short of one hundred and eighty days.
22. In case a civil servant dies while in service, lumpsum payment of full pay up to 180 days out of the leave at his credit shall be made to his "family" as defined for the purpose of family pension.
23. A civil servant granted leave on full pay or half pay shall for the period of leave draw the pay or half pay, as the case may be, and all allowances 1[except the Conveyance Allowance] admissible to such civil servant immediately before proceeding on such leave:
Provided that only the senior post allowance shall be admissible with the pay for encashment of leave or to the extent of 180 days of leave which could not be availed of due to the death of the civil servant during service or leave preparatory to retirement.
24. If a civil servant is recalled to duty compulsorily, with the personal approval of the head of his office from leave of any kind that he is. spending away from his head quarters, he may be granted a 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.
Provided that if the civil servant is recalled to duty at the headquarters and his remaining leave is cancelled, the fare then admissible shall be for one way journey only.
25. A civil servant who remains absent after the expiry of his leave shall not, unless the leave is extended by the Head of Office, be entitled to any remuneration for the period of such absence, and, besides any disciplinary action that may be debited against the leave account of such civil servant and such debit shall, if there is insufficient credit in the leave account, be adjusted as leave not due.
26. Any type of leave may be combined with joining time or with any other type of leave other-wise admissible to the civil servant;
Provided that leave, preparatory to retirement shall not be combined with any other kind of leave.
27. Notwithstanding any date or dates mentioned in the ordersgranting any type of leave, t. ,e leave shall commence from the day following the day on which the civil servant hands overcharge of the post held by such civil servant, and end on the day preceding the day on which such civil servant resumes duty.
1. The words inserted by Notification No. F.D-(SR-II) 15-25/86 dated 4th April 1989.
28. Unless the civil servant is permitted to do so by authority which sanctioned the leave such civil servant may not return to duty before the expiry of period of leaved granted to such civil servant.
29. (1) A civil servant proceeding on leave shall hand over the charge of his post, and if he is in grade 16 and above, he shall, I while handing over charge of the post sign the. charge relinquishing report.
(2) If leave ex-Pakistan has been sanctioned on medicalgrounds, the civil servant shall take abroad with him a copy of the medical statement of his case.
30. (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 to which he is directed by that authority unless such J direction has been given to him in advance.
(2) In case a civil servant is directed to take charge of a post at a station other that from where he proceeded on leave, travel expenses as on transfer shall be payable to him.
(3) No civil servant who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness in form-II A attached to these rules.
31 Leave account in respect of a civil servant shall be maintained in form III as part of his Service Book:
Provided that Account Officer shall maintain the Leave Accounts of civil servants of whom they were maintaining the Accounts immediately before the coming into force of these rules.