JK Govt modifies study leave provisions
GK NEWS NETWORK
Srinagar, June 2: The state government has issued a notification amending the service rules to affect changes in the salary drawn by public servants while on study leave within and outside the country.
According to an order issued by General Administration Department (GAD), the amendments in the Jammu and Kashmir Civil Service Regulations - 1956, and the Jammu and Kashmir Civil Service (Leave) Rules - 1979, were approved by the Governor.
As per the notification, during study leave outside the country, a public servant shall draw leave salary equal to the pay (without Allowances other than Dearness Allowance) that the Government servant drew while on duty with the government immediately before proceeding on such leave in addition to the Study Allowance admissible under rules 68 to 73.
It said during study leave within the country, a government servant shall draw leave salary equal to the pay (without Allowances other than Dearness Allowance) that the government servant drew while on duty with the Government immediately before proceeding on such leave.
Payment of leave salary at full rate while on study leave outside India shall be subject to furnishing of a certificate that he/she is not in receipt of any scholarship, stipend or remuneration in respect of any part-time employment, the notification said.
It said the amount, if any, received by a government servant during study leave as scholarship or stipend or remuneration in respect of any part-time employment shall be adjusted against the leave salary payable under the rules subject to the condition that the leave salary shall not be reduced to an amount less than that payable as leave salary during half pay leave.
The notification said no Study Allowance shall be paid during study leave for courses of study in India.
Besides, the notification said a study allowance shall be granted to a government servant who has been granted study leave for studies outside India for the period spent in pursuing a definite course of study at a recognized institution or in any definite tour of inspection of any special class of work as well as for the period covered by any examination at the end of the course of study.
It said no Study Allowance shall be admissible in case the net amount of such scholarship or stipend or remuneration (arrived at by deducting the cost of fees, if any, paid by the Government servant from the value of the scholarship or stipend or remuneration) exceeds the amount of Study Allowances otherwise admissible.
In case the net amount of scholarship or stipend or remuneration is less than the Study Allowance otherwise admissible, the difference between the value of the net scholarship or stipend or any other remuneration in respect of any part-time employment and the study allowance may be granted by the authority - competent to grant leave, the notification said.
It said Study Allowance shall not be granted for any period during which a Government servant interrupts his/her course of study to suit his/her own convenience.
It said Study Allowance shall also be allowed for the entire period of vacation during the course of study subject to the conditions that the Government servant attends during vacation any special course of study or practical training under the direction of the Government or the authority, competent to grant leave, as the case may be or in the absence of any such direction, the employee produces satisfactory evidence before the Head of the Mission or the authority competent to grant leave as the case may be, that the employee continued studies during the vacation.
The notification said the rates of Study Allowance shall be the same as are allowed by the Government of India to its employees from time to time in the respective countries.
Payment of Study Allowance, it said, shall be subject to the furnishing of a certificate by the Government servant to the effect that the employee is not in receipt of any scholarship, stipend or any other remuneration in respect of any part-time employment.
The notification said Study Allowance shall be paid at the end of every month provisionally subject to an undertaking in writing being obtained from the Government servant that he would refund to the Government any over-payment consequent on his failure to produce the required certificate of attendance or on his failure to satisfy the authority competent to grant leave about the proper utilization of the time spent for which Study Allowance is claimed.
No allowance of any kind other than the Dearness Allowance and Study Allowance (where admissible) shall be admissible to a Government servant in respect of the period of study leave granted to him.
If a Government servant resigns or retires from service or otherwise quits service without returning to duty for a period of study leave or within a period of three years after such return to duty he shall refund the actual amount of leave salary, Study Allowance and other expenses, if any incurred by the Government and the actual amount, if any, of the cost incurred by other agencies such as foreign Governments, Foundations and Trusts in connection with the course of study, together with the interest thereon at rates for the time being in force on Government loans from the date of demand, before his resignation is accepted or permission to retire is granted or his quitting service otherwise.
Provided that nothing contained in this rule shall apply to a Government servant who after return to duty from study leave is permitted to retire from service on medical grounds or to a Government servant who after return to duty from study leave is deputed to serve in any statutory or autonomous body or Institution under the control of the Government and is subsequently permitted to resign from service under the Government with a view to his permanent absorption in the said statutory or autonomous body or Institution in the public interest.
The study leave availed of by such Government servant shall be converted into regular leave standing at his/her credit on the date on which the study leave commenced; any regular leave taken in continuation of study leave being suitably adjusted for the purpose and the balance of the period of study leave if any, which cannot be so converted be treated as extraordinary leave.
GAD on the recommendations of the Administrative Department concerned and with the consent of the Finance Department may grant study leave under the rules for purpose of study outside the State within India.
Cases for study leave outside India will be sanctioned by the Government on the recommendations of the committee prescribed for the purpose and with the concurrence of the Finance Department.
Lastupdate on : Sun, 2 Jun 2013 21:30:00 Makkah time
Lastupdate on : Sun, 2 Jun 2013 18:30:00 GMT
Lastupdate on : Mon, 3 Jun 2013 00:00:00 IST
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