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Rule 123 - Foreign Service Leave | KartavyaDesk

FR/SR

Original Rule Text

F.R. 123. (a) A Government servant in foreign service out of India may be granted leave by his employer on such conditions as the employer may determine. In any individual case, the authority sanctioning the transfer may determine beforehand, in consultations with the employer, the conditions on which leave will be granted by the employer. The leave salary in respect of leave granted by the employer will be paid by the employer and the leave will not be debited against the Government servant’s leave account.

What This Means

FR 123 deals with leave for government employees who are on 'foreign service' outside of India. 'Foreign service' in this context means being employed by an organization that isn't directly part of the Indian government, but with the government's permission. This rule essentially states that when you're working for a foreign employer, that employer is responsible for granting you leave and paying your leave salary. The leave you take under this arrangement won't be deducted from your regular leave balance with the Indian government. Before you even start the foreign service, the government department transferring you can discuss and agree with the foreign employer on the leave conditions.

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 outside India.
  • The foreign employer grants and pays for leave.
  • Leave taken is not debited against the government servant's leave account.
  • The transferring authority can pre-determine leave conditions with the employer.
  • Focuses on financial and administrative responsibility for leave during foreign service.

Practical Example

Ms. Priya Sharma, a Section Officer in the Ministry of Finance, is deputed to the International Monetary Fund (IMF) in Washington D.C. for a period of two years. Before her transfer, the Ministry of Finance consults with the IMF regarding leave policies. They agree that Priya will be entitled to 20 days of paid leave per year, as per IMF's internal rules. During her second year, Priya takes 15 days of leave, which is paid for by the IMF. This leave is not deducted from her leave balance that she has accumulated with the Indian government.

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

Frequently Asked Questions

What does 'foreign service' mean in the context of FR 123?
It refers to a government servant being employed by an organization that is not part of the Indian government, but with the government's permission.
Who is responsible for paying the leave salary under FR 123?
The foreign employer is responsible for paying the leave salary.
Does leave taken during foreign service affect my regular leave account with the Indian government?
No, the leave taken and paid for by the foreign employer is not debited against your leave account maintained by the Indian government.
Can the transferring authority influence the leave conditions during foreign service?
Yes, the authority sanctioning the transfer can consult with the foreign employer beforehand to determine the conditions on which leave will be granted.
What happens if the foreign employer's leave rules are different from the Indian government's leave rules?
The foreign employer's leave rules will generally apply, as they are responsible for granting and paying for the leave. The transferring authority should clarify these differences during the consultation process.

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

According to F.R. 123, who is responsible for granting leave to a government servant on foreign service outside India?

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