In the Eight Chapter of PB CSR Vol 1 Part 1 Chapter 8 Leave Part 2 || Ques Ans ||. Here are Important Questions Answers of this Chapters.
Notes of PB CSR Vol 1 Part 1
Chapter 8
Leave
Ques Ans (Part 2)
Ques 801. Whether period spent in Foreign Service/deputation counts as duty for the purpose of earning leave?
Ans 801. Under rule 8.1 of CSR Vol-1, Part-1, the period spent in Foreign Service counts as duty for the purpose of earning leave only if leave salary contribution for the period is deposited into Government Treasury.
Ques 802. If an employee resigns from public service but resignation is followed immediately by re-employment, whether leave at his credit will be carried forwarded to the now post?
Ans 802. As per note below rule 8.2(a) of Punjab Civil Services Rule (CSR) Vol 1 Part 1 resignation from public service even though it is followed Immediately by re- employment should result in the forfeiture (loss) of previous service in order to qualify for leave. As such the leave at credit cannot be forwarded to the new post.
Ques 803. A Government employee was dismissed/removed from Government service but reinstated on appeal or revision after 3 years. Ho requested that leave at his credit before dismissal may be carried forwarded. The Competent Authority refused to agree to the request. Comments?
Ans 803. Rule 8.2(b) o CSR Vol-1, Part-1, provides that if a dismissed employee is reinstated on acceptance of his appeal or revision, he is entitled to count his previous service for the purpose of leave. As such the action of Competent Authority is against the rules.
Ques 804. A Deputy Superintendent of Police Department was re-employed and is allowed earned leave @ 1/12 and casual leave of 20 days in a calendar year as was being admissible to him at the time of retirement. Comments?
Ans 804. The action of Competent Authority is in accordance with rule 8.21(d) of CSR Vol-1, Part-1 but the service during the period of re- employment is considered as temporary service and leave will be sanctioned, if applied for, under rule 8.133 instead of 8.116, vide note below rule 8.2(b) ibid.
Ques 805. A Government employee applied leave for illness. The Competent Authority asked him to produce medical certificate, Comments?
Ans 805. The action of the Competent Authority was in accordance with the provisions of rule 8.13(a) of Punjab Civil Services Rule (CSR) Vol 1 Part 1, vide which employee is required to produce medical certificate given by the Registered Medical Practitioner or Vaid or Hakim or a Homeopathic Practitioner alongwith the application for leave on medical grounds.
Ques 806. What are provisions for furnishing of Medical certificate in support of applications for leave on medical grounds. From which authority medical certificate is required to be furnished by Class IV employee in support of application for leave (SAS 12/98).
Ans 806. Under Rule 8.13(a) Punjab Civil Services Rule (CSR) Vol 1 Part 1, every application for leave on medical grounds made by a Government employee/Servant shall be accompanied by a medical certificate given by a registered medical practitioner or Vaid or Hakim of Homeopathic Practitioner. However, when granting leave for a duration of no more than three days at a time, the Competent Authority may, in its discretion, waive the need that a medical certificate be produced but it will not be treated as leave on medical grounds.
Vide Rule 8.14 of CSR Vol-1, Part-1, the Competent Authority may accept such medical certificate as it may deems sufficient from Class IV employee in support of an application for leave on medical grounds.
Ques 807. A Clerk of PWD, Public Health Department applied for leave on medical grounds and submitted a medical certificate duty signed by an Authorized Medical Attendant along with the application. The sanctioning Authority, however, directed the employee to appear before the Civil Surgeon before his leave is granted. Comments?
Ans 807 The action of Sanctioning Authority is in accordance with rule 8.13 (b) of CSR Vol-1, Part-1, vide which it is discretion of the Competent Authority to get the employee be medically examined by the Civil Surgeon, if he thinks necessary.
Ques 808. Can leave be claimed as a right. Is it open to the Sanctioning Authority to alter the nature of leave due and applied for? (SAS) (6)
Ans 808. Under rule 8.15 of CSR Vol-1, Part-1, leave cannot be claimed as a matter of right. It is not open to the sanctioning authority to alter the type of leave requested and due.
Ques 809. Leave is a right of Government employee. Comments?
Ans 809. Under rule 8.15 of CSR Vol-1, Part-1, leave cannot be claimed as of right by a Government employee. The authority authorised to grant it reserves the right to deny or revoke (cancel) any type of leave when the needs of the public service so demand. Further vide note 1 below rule 8.13 & 8.16 even the possession of medical certificate does not itself confer upon the Government employee concerned any right to leave.
Ques 810. A Government employee applied for casual leave for 10 days attaching Medical Certificate of Authorized Medical Attendant being sick Sanctioning Authority sanctioned Half Pay leave due on medical grounds. Is action of sanctioning authority in order? (SAS 12/98)
Ans 810. The action of the Competent Authority is against the provisions of Rule 8.15 of CSR Vol-1, Part-1, vide which the sanctioning authority can refuse the leave but cannot change the type of leave that is due and requested.
Ques 811. A Government employee applied for 90 days earned leave, but the Competent Authority however granted him half pay leave for 90 days. Comments?
Ans 811. The action of the Competent Authority is against the provisions of Rule 8.15 of CSR Vol-1, Part-l, vide which the sanctioning authority can refuse the leave but cannot change the nature of leave due and applied for.
Ques 812. A Government employees applied for half pay leave for 10 days which is due but the Competent Authority treated it as earned leave because earned leave was available at his credit. Comments?
Ans 812. The action of the Competent Authority is against rule 8.15 of CSR Vol-1, Part-1, vide which Competent Authority can refuse the leave but cannot alter/change the nature of leave due and applied for.
Ques 813. A Government employee applied for 10 days earned leave which was due to him but the sanctioning authority wanted to punish him for his frequent absence and EOL for 10 days was granted to the employee. Comments? (SAS 8/73).
Ans 813. Rule 8.15 of CSR Vol-l lays down that the Leave Sanctioning Authority can refuse or revoke leave applied for by the employee but cannot b alter/change the nature of leave due and applied for. As such action of the Competent Authority is against the rules.
Ques 814. A Government employee applied for casual leave for 10 days attaching Medical Certificate of Civil Surgeon being sick Sanctioning Authority sanctioned earned leave due on medical grounds. Is action of sanctioning authority in order? (SA512/99)
Ans 814. The action of the Sanctioning Authority is against the provisions of Rule 8.15 of CSR Vol-1, Part-1, vide which the sanctioning authority can refuse or revoke leave due and applied for but cannot after (change) the nature of leave due & applied for.
Ques 815. Mr. applied earned leave from 1.10.2006 to 31.10.2006 but Head of Department sanctioned Half Pay Leave. Comments? (SS 8/2007)
Ans 815. The action of the Head of Department is against the provisions of rule 8.15 of CSR Vol-1, Part-1, vide which the nature of leave due and applied for by a Government employee or karamchari cannot be altered at the option of the Sanctioning Authority.
It is open to the sanctioning authority to refuse leave due and applied for, but it is not open to him to alter/change the nature of leave due and applied for.
Ques 816. A Government employee applied for earned leave on medical grounds and produces medical certificate in support thereof. The Competent Authority refuses the leaver but the employee claims that the medical certificate produced by him confers upon him the right to leave?
Ans 816. The contention of the employee is against the provisions of rule 8.16(1) of CSR Vol-1, Part-1, vide which the medical certificate does not confer upon an employee the right to leave. He should have awaited the orders regarding sanction of leave. Therefore, the action of the Competent Authority in refusing the leave is in accordance with the rules.
Ques 817. A Government employee (non-Gazetted) applied for 3 days medical leave without a medical certificate. The Competent Authority sanctioned leave so applied for. Comments?
Ans 817. Under rule 8.16 (2) of CSR Vol-1 Part-1, leave up to 3 days can be sanctioned to a non-gazetted employee without medical certificate but the leave so sanctioned cannot be treated as leave on medical grounds, and shall be debited against ordinary leave account. As such action of the Competent Authority was in order provided it is treated as regular Leave and not leave on Medical Certificate.