അനുബന്ധം XIIA

APPENDIX XII A

RULES FOR THE GRANT OF LEAVE WITHOUT ALLOWANCES FOR
TAKING UP EMPLOYMENT ABROAD OR WITHIN INDIA

(Referred to in Exception 2 to Rule 88 and Rule 110-B of Part I)

* The following rules shall regulate the grant of leave without allowances to officers for taking up employment abroad or within India. These rules shall not apply in cases of employment in the service of any public sector undertaking, aided schools and private colleges †or self financing colleges within the state or any body incorporated or not, which is wholly or substantially owned, controlled or aided by any State Government or the Government of India.

1. Government will be very selective in granting leave without allowances to employees belonging to professional categories like highly qualified doctors, engineers, scientists etc., for taking up employment abroad or within India. In scarce categories like Veterinary Surgeons, Livestock Assistants and any other category where there is shortage of personnel, officers will not be allowed to take up such employment unless they resign their jobs under Government before hand.

2. No officer going for employment under these rules will be treated as on deputation. An officer taking up employment abroad or within India on his own accord will have to go on leave without allowances to avail himself of the facility.

3. No other kind of leave will be sanctioned in combination with or in continuation of the leave under these rules, **except leave under Appendix XII C.

†[Insertion G O(P) No. 245/2012/Fin., Dated 27/04/2012. (with effect from 07/06/2010)]

**[G O(P) No. 1002/1997/Fin., Dated 06/11/1997]

4. *Permanent officers and non-permanent officers in the regular service of Government who have completed probation in the grade in which they are working, including entry grade, may be granted leave without allowances under these rules. In such cases, for and during the currency of, the period of leave, the officers shall lose all service benefits such as the earning of leave including half pay leave, pension, gratuity, increment, etc., and also promotion chances as may arise with reference to their seniority in the posts from which they proceeded on leave. They shall also lose seniority in the higher grade/grades with reference to their juniors who might get promoted to such grade/grades before they rejoin duty.

†Note.- 

The officers who have entered on Leave Without Allowances prior to 9th day of April, 2008 will be granted further extension of Leave Without Allowance without the declaration of satisfactory completion of probation in the entry cadre, subject to the condition that such officers will forfeit the service benefits that had accrued to them prior to their proceeding on leave and they will be deemed as new entrants to

Government Service and they will have to start service afresh and complete their probation satisfactorily on return from Leave Without Allowance. Only their right to rejoin Government Service in the same

entry cadre is protected, as if, they were new entrants in service.

4A # Permanent and non-permanent officers in the regular service of Government who have completed probation in their entry grade, buy have not completed probation in the grade in which they are working may be granted leave without allowances subject to the condition that they will lose service benefits such as earning of leave including half pay leave, pension, gratuity, increment etc., and also promotion chances that may arise with reference to their seniority rejoin as the junior most in that grade and start afresh. They shall also lose seniority in the higher grade/ grades with respect to their juniors who might

get promoted to such grade/ grades before they rejoin duty. However, their prior service including that in the grade will count for accrual of Half Pay Leave, Earned Leave; time bound grade promotion, increment and pension.

[* Substitution, # Insertion G O(P) No.94/2010/Fin., Dated 01/03/2010

(with effect from 01/03/2010) ]

†[Insertion G O(P) No. 636/2010/Fin., Dated 25/11/2010 (with effect from 09/04/2008)]



5. *Omitted

@6. The maximum period of leave that may be sanctioned to an officer during his entire service shall be limited to twenty years **and such leave shall not extend beyond twelve months before the date of superannuation. If the officer who has availed himself of the leave without allowances for a total period of 20 years, whether continuously or in broken periods does not return to duty immediately on the expiry of the leave, his service shall be terminated after following the procedure in Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. This condition shall be incorporated in every order sanctioning such leave.

@This shall be deemed to have come into force w.e.f. 5th February, 1996.

**This shall be deemed to have come into force with effect from 2nd May 2002.

7. Those who are under bonded obligation to serve Government for a prescribed period will not be granted leave under these rules till the period covered by the bond is over, unless they settle the bonded obligations before the grant of leave. The amount remitted on that account will not be refunded under any circumstances. Similarly, officers against whom disciplinary action or vigilance enquiry is pending will not be eligible for leave under these rules.

*[Deleted G O(P) No. 636/2010/Fin., Dated 25/11/10 (with effect from 09/04/2008)]

@ [Substitution G O(P) No. 637/2002/Fin., Dated 19/10/2002]

**[G O(P) No. 215/2005/Fin., Dated 11/05/2005]

8. Those who had availed themselves of any loan such as house building

advance, conveyance advance etc., shall either clear the dues or execute

a bond as required under G.O.(P) 1028/79/Fin.,dated 23rd November 1979

in the form appended thereto, before the grant of leave. *Those who are

subscribers of Group Insurance Scheme shall be permitted to remit the

arrear subscription for the defaulted period, with quarterly compound

interest at the rate specified by Government for the savings fund, in not

more than three instalments, provided they have not attained the age of

50 years, on rejoining duty, after obtaining Government sanction. Such

members shall lose their entitlement under the insurance fund in the

event of death during the period of leave under this rule. Those who

have attained the age of 50 years on the date of rejoining duty on expiry

of Leave Without Allowances shall cease to be a subscriber of the scheme

and shall be entitled for accrued balance under savings fund only at the

time of retirement.

9. Those officers who absent themselves unauthorisedly without getting the

leave sanctioned under these rules shall be proceeded against and their

service terminated after following the procedure laid down in the Kerala Civil

Services (Classification, Control and Appeal) Rules 1960. Requests for re-

entertainment in Government Service in such cases as well as in cases

covered by Rule 6 above, will be summarily rejected.

10. These rules shall apply to all cases of grant of leave without allowances on

or after the 16th December, 1983 whether in extension of the leave already

granted or otherwise and such leave granted before that date shall be

reckoned for applying the 20** years limit under Rule 6 above.

**They shall be deemed to have come into force on 5th February 1996.

*[Substitution G O(P) No. 217/2012/Fin., Dated 11/04/2012 (with effect from 02/08/2007)]

11. No relaxation of any of the above rules will be allowed.

# This amendment shall be deemed to have come into force with effect from

16th December 1983.

† Note.-Notwithstanding anything contained in these Rules those who have

proceeded on leave for taking up employment abroad *or within the

country before the commencement of these Rules, after obtaining

permission of Government will continue to be governed by the

conditions laid down in G.O.(P) 274/70/Fin., dated 29-4-1970 for the

leave granted to them even if it extends beyond 16-12-1983.

† Effect# [G O(P) No. 953/1986/Fin., Dated 27/12/1986]

*[G O(P) No. 150/1996/Fin., Dated 30/01/1996]

†[G O(P) No. 1078/1992/Fin., Dated 16/12/1992]

ive from 16th December 1983.