112(1) A Government servant other than a person serving in a

vacation Department shall be entitled to earned leave of thirty days

in a calendar year.

(2) The leave account of every Government servant shall be credited

with earned leave in advance in two installments of fifteen days
each on the 1st January and 1st July every year.

[(3) The leave at credit of a Government servant 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 does not exceed two hundred and forty days.]

[Provided that where the earned leave at the credit of a Government

servant as on the last day of December or June, is 240 days or less but
more than 225 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 (2) shall instead of being credited in their account be kept separately
and first adjusted against the earned leave that the Government servant
avails during that half year and 1

114 the balance, if any, shall be credited to the leave account at the close
of the half year, subject to the condition that balance of said earned leave
plus leave already at credit do not exceed the maximum of 240 days.] (4)
Earned leave shall be credited to the leave account of a Government
servant at the rate of two and a half days for each completed calendar
month of service in the half of the calendar year in which he is
appointed. (5)(i) The credit for the half year in which a Government
servant is due to retire or resigns from service shall be afforded at the
rate of two and a half days for each completed calendar month of service
upto the date of retirement or resignation. (ii) When a Government
servant Is removed or dismissed from service or dies while in service, the
credit of earned leave shall be allowed at the rate of two and a half days
for each completed calendar month of service upto the end of the
calendar month preceding the calendar month in which he is removed or
dismissed from service or dies while in service. 1 [(6) If a Government
servant has taken any Extraordinary Leave and/or some period of his
absence like suspension has been treated as dies non or non-duty in a
half year, the credit to be afforded to his earned leave account at the
commencement of the next half year shall be reduced by 1/10th of the
period of such Extraordinary Leave and/or dies-non or, non-duty,
subject to a maximum of 15 days. Explanation:- In the case of the
Government servant who is placed under suspension, the credit to be
afforded to his earned leave account at the commencement of the next
half year shall be reduced by 1/10th of the period of suspension. If the
period of suspension is subsequently treated as duty or leave other than
extraordinary leave, the earned leave account shall be recast.] (7) While
affording credit of earned leave fractions of a day shall be rounded off to
the nearest day. (8) If a Government servant is on leave on the last day of
any half year he shall be entitled to the credit of earned leave on the first
day of the succeeding half year provided the authority competent to grant
him leave has reason to believe that the Government servant will return
to duty on its expiry. 1. Substituted by No.FD 12 SRS 85 dated
10.6.1985 (wef 11.7.1985) 115 (9) Subject to the provisions of rule 107
and rule 110 the maximum earned leave that may be granted at a time
shall be- (a) One hundred and twenty days to a Government servant
employed in India, or (b) One hundred and eighty days to a Gazetted
Officer if the entire leave so granted or a portion thereof which is not less
than sixty days is spent outside India. 1 [(c) Two hundred and forty days
leave preparatory to retirement.] Note :- The provision of sub-rule (1) and
sub-rule (2) shall apply to calculation of leave corresponding to earned
leave under the old rules, applicable to a Government servant before 1st
November 1956, in respect of those who continue to be governed by
those rules. 1 [(d) A Government servant 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 two hundred
and forty days.] (10) Between the 1st July 1976 and 30th June 1978. the
foregoing provisions of this rule shall be applicable with the following
modifications, namely:- (a) the credit of earned leave afforded shall be 30
days and 31 days in alternate calender years. This shall be done in two
instalments 15 days on the 1st January and 1st July every year except
that on 1st July of an even year the credit shall be sixteen days. (b) If a
Government servant has during any half year taken leave other than
earned leave, the credit to be, afforded to his earned leave account at the
commencement of the next half year shall be reduced by one-eleventh of
such leave.] 2

[113. Earned Leave to Government servants serving in Vacation

Department-

(1)(a) The leave account of a Government servant serving in vacation

department shall be credited in advance with earned leave in two
instalments of 5 days each on the first day of January and July of
every Calendar year

(b) If a Government servant serving in vacation department has availed of

any extraordinary leave and/or some period of absence has been treated
as dies-non during a half year the credit to be afforded to his leave
account at the commencement of the next half year shall be reduced by
1/30th of the period of such leave and/or dies-non subject to a
maximum of 5 days. (c) The credit for the half year in which a
Government servant serving in vacation department is appointed/ceases
to be in service shall be allowed at the rate of 5/6th day for each
completed month of service which he had rendered or is likely to render
in the half year in which he is appointed/ceases to be in service. (2)
Subject to provisions of sub-rule (1), a Government servant serving in
vacation department shall not be entitled to any earned leave in respect
of duty performed in any year in which he avails himself of the full
vacation. (3)(a) In respect of any year in which a Government servant
avails himself of a portion of vacation, he shall be entitled to earned leave
in such proportion of 30 days as the number of days of vacation not
taken bears to the full vacation: Provided that no such leave shall be
admissible to a Government servant not in permanent employ or quasi-
permanent employ in respect of the first year of service. (b) If, in any year
a Government servant does not avail himself of any vacation, earned
leave shall be admissible to him in respect of that year under rule 112.
Explanation :- For the purpose of this rule, the term ‘year’ shall be
construed as a period of twelve months of actual duty in a vacation
department. Note 1:- A Government servant entitled to vacation shall be
considered to have availed himself of a vacation or a portion of a vacation
unless he has been required by general or special order of a higher
authority to forego such vacation or portion of a vacation. Provided that if
he has been prevented by such order from enjoying more than fifteen
days of the vacation, he shall be considered to have availed himself of no
portion of the vacation. Note 2:- When a Government servant serving in a
vacation department proceeds on leave before completing a full year of
duty, the earned leave admissible to him shall be calculated not with
reference to the vacations which fall during the period of actual duty 117
rendered before proceeding on leave but with reference to the vacation
that falls during the year commencing from the date on which he
completes the previous year of duty. Note 3:- In the case of a Government
servant serving in vacation department the earned leave if any,
admissible under subrule (3) will be in addition to the earned leave
admissible under subrule (1). (4) Vacation may be taken in combination
with or in continuation of any kind of leave under these rules ; Provided
that the total duration of vacation and earned leave taken in conjunction,
whether the earned leave is taken in combination with or in continuation
of other leave or not, shall not exceed the amount of earned leave due
and admissible to the Government servant at a time under rule 112. (5)
The earned leave under this rule at the credit of a Government servant 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 does not exceed the maximum limit of 240
days. (6)(a) A Government servant transferred from a vacation
department to a non-vacation department shall be entitled to earned
leave at the rate of 5/6th day for every completed month of service from
the half calendar year preceding such transfer till the date of transfer,
from the date of transfer, he shall be entitled to earned leave under the
rules applicable to the employees of non-vacation department. (b) The
credit of half pay leave for the half year in which a Government servant is
transferred from a vacation department to non-vacation department shall
be at the rate of 5/3 days per completed calendar month upto the end of
the calendar year. From the commencement of the next half calender
year, the half pay leave shall be credited in advance in two instalments of
ten days each on the first day of January and July of every calendar
year, as the case may be. 7(a) A Government servant transferred from a
non-vacation department to a vacation department shall be entitled to
earned leave under the rules as applicable to persons of non-vacation
department till the date of such transfer. From the date of transfer till
the end of half calendar year, he shall be entitled to earned leave at the
rate of 5/6th day for every completed month of service.

118 (b) If a Government servant is transferred before rendering a

completed year of service in the non-vacation department from the date
of last anniversary till the date of transfer, he shall be entitled to half pay
leave at the rate of 5/3 days for every completed month of service.
An official under order of transfer in interest of Public Service is entitled

under Rule76 of the KCSR to Joining Time (to enable him to join the new

post either at the same or a new station.

As per Rule 87 of the KCSR When a Government servant joins the new

post without availing the full joining time as admissible, under sub-rule

(1) of rule 78 or rules 80 or 81, the number of days of joining time

admissible, reduced by the number of days actually availed of are

required be credited to his leave account as earned leave.

It is noticed that the official has got relived himself from PG Centre

Nandihalli on 28/01/2020 and reported as Dy. Registrar (Evaluation) on

29/01/2020 in VSK University Ballari without availing the joining time

of 10 days admissible under Rule 87 of the KCSR. Hence credit of 10

days of EL may be made in the service book of the concerned official in

consonance with Rule 87 of the KCSR.

Date: 19/02/2020 Audit Officer & Legal Advisor

122) Registrar:-