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Rule 122 - Leave Rules | KartavyaDesk

FR/SR

Original Rule Text

F.R. 122. A Government servant in foreign service in India may not be granted leave otherwise than in accordance with the rules applicable to the service of which he is a member and may not take leave or receive leave salary from Government unless he actually quits duty and goes on leave.

What This Means

FR 122 deals with leave rules for government employees who are on 'foreign service' within India. 'Foreign service' in this context doesn't mean working abroad. It refers to a government employee working for an organization that is not directly under the government, such as a PSU (Public Sector Undertaking) or an autonomous body, while still technically being a government employee. This rule essentially states that if you're in such a foreign service arrangement within India, your leave will be governed by the rules of your parent department (the government service you originally belong to).

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Applies to government servants on 'foreign service' within India (e.g., working in a PSU).
  • •Leave is granted according to the rules of the employee's parent government service.
  • •The employee must actually relinquish their duties to be considered on leave.
  • •Leave salary can only be received from the government if the employee is actually on leave and has ceased working.

Practical Example

Ms. Priya Sharma is a Section Officer in the Ministry of Finance. She is deputed to work at Bharat Sanchar Nigam Limited (BSNL) on foreign service terms. Priya wants to take 15 days of earned leave. According to FR 122, her leave application will be processed according to the leave rules applicable to Section Officers in the Ministry of Finance, not BSNL's leave rules. She must formally hand over her responsibilities at BSNL and cease working there to be considered on leave and to receive her leave salary from the Ministry of Finance during those 15 days. If she continues to unofficially handle some BSNL work while on leave, it could create complications regarding her leave salary.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What constitutes 'foreign service' in the context of FR 122?▼
In this rule, 'foreign service' refers to a government employee working for an organization other than the government itself, such as a PSU or autonomous body, while still retaining their status as a government employee.
If I am on foreign service, can I follow the leave rules of the organization I am currently working for?▼
No. FR 122 clearly states that your leave will be governed by the leave rules of your parent government department.
What happens if I take leave but continue to do some work for the organization I am deputed to?▼
FR 122 states that you must actually quit duty to be considered on leave. Continuing to work may affect your eligibility to receive leave salary from the government.
Does this rule apply if I am on foreign service outside of India?▼
No, FR 122 specifically addresses foreign service *in India*. Different rules apply to foreign service outside India.
Where can I find the specific leave rules applicable to my parent government service?▼
You should consult the relevant service rules and regulations for your specific department or ministry. Your HR department can also provide guidance.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

A government servant on foreign service within India, as defined under the rules, is governed by which set of leave rules?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 113Fundamental Rules & Supplementary Rules - Rule 113 - Chapter VII

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