# during such absence should also be communicated to the Court

- **Citation:** C.L. No. 3
- **Court:** Allahabad High Court
- **Decided:** 2009-11-16
- **Case number:** C.L. No. 3
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/during-such-absence-should-also-be-communicated-to-the-court-162114
- **Pages:** 2

## Text

87
C.L. No. 3 dated 17th March, 1903
When a Judicial officer proceeds on leave he should intimate to the Court his
address during his absence from duty. Any change of address, other than temporary,
during such absence should also be communicated to the Court.
G.L. No. 9 dated 10th April, 1953
Applications for extension of leave should be submitted at least a fortnight before
the expiry of the leave. Even in cases where an officer is on medical leave timely
intimation of the officer‟s intention to apply for an extension of leave should be sent to
the Court.
G.L. No. 11/46-23-(95) dated 18th May, 1931 read with
C.L. No. 8/Admn. (B) dated 5th October, 1971
The Court strongly objects to allowing regular leave for a period of less than ten
days, particularly for a few days preceding or following holidays, except for special
reasons which must be mentioned.
Officers in urgent need of short leave of this nature may apply for casual leave
which is really intended for this purpose.
C.L. No. 143/IV-f-78/Admn.(A) dated 12th September, 1977
Ordinarily casual leave will not be converted into earned leave except in
unavoidable circumstances like illness.
G.L. No. 50/76(1) dated 28th November, 1938
When no proper medical certificate in accordance with Subsidiary Rules 89 to 94 of
Financial Handbook, Volume II, is received along with the application for leave on
medical grounds from a Judicial Officer, the leave applied for will be notified otherwise
than on medical certificate.
G.L. No. 2/46-111-452 dated 4th January, 1939
When any Judicial officer applies for leave on medical certificate, he will be
required to attach with his application for leave an undertaking to the effect that if he
subsequently decides to retire at the end of the leave or extension of the leave, he will
refund all overpayments, if any, representing the difference between average pay and half
average pay for the period in excess of that admissible on leave otherwise than on
medical certificate.
G.L. No. 1603 dated 13th June, 1902
Judicial Officers must understand that if they do not wish to avail themselves of the
leave granted to them, it is their duty to give timely notice to the High Court. Such notice
should, as a rule, be given not less than fourteen days before the date from which the
leave is sanctioned. If such notice is not received the Court may not allow the
arrangements that have been made to fill the vacancy, to be interfered with, and the
officer concerned will be liable to be transferred to any post that may at the time be
vacant.
88
Grant of benefits of Medical Leave, Earned Leave and Annual Increment to the
employees of Fast Track Courts of Subordinate Courts of Uttar Pradesh.
C.L. No. 50/VIIb-104/Admin. „D‟; Dated November 16, 2009
I am directed to say that the question of grant of aforesaid benefits to the
employees of Fast Track Courts have been raised by various Judgeships and after due
consideration of the matter, Court has been pleased to resolve as follows:-
"In view of the clarification dated 29.01.1990, 08.01.1991 and 04.02.1991 issued
by the State Government as also the Government Order dated 23.03.2001 wherein, the
State Government while prescribing the pay scales for the appointment of Peshkars,
Stenographers, Peons and Drivers have made provision for grant of annual increment and
also considering the provisions of Rule 24 of the Fundamental Rules, the Committee is of
the considered opinion that the ad hoc employees working in the Fast Track Courts are
entitled for increment and other leaves admissible according to Rules.
The Government Orders dated 29.01.1990, 08.01.1991, 04.02.1991 and
23.03.2001 and High Court‟s Circular Letter dated 25.07.2001 are enclosed herewith for
ready reference."
(vi) Legal study rules
G.L. No. 20/82-2 dated 29th February, 1936
The concessions as to Legal Study Rules mentioned in Government of India, Home
Department notification no. Judicial-F/227-35, dated August 21, 1935, have been
extended under Appointment Department letter no. 885/II-627, dated February 18, 1936
to Officers of Uttar Pradesh Civil (Judicial) Services of not more than twenty years‟
standing.
(vii) Leave preparatory to retirement
C.L. No. 53 dated 10th September, 1964
Leave preparatory to retirement should not be refused by the District Judges on
public grounds without obtaining orders from the Government as provided in
Fundamental Rule 86 of the Financial Handbook, Volume II.
(viii) Availing of special casual leave in lieu of joining time
C L No 41/IVf-71-Admn.(A), dated 27th May, 1991
I am directed to say that on a consideration of the reference made by the District
Judges of Agra, Gorakhpur and Mathura in the matter of availing of special casual leave
in lieu of joining time, the Court has been pleased to order that Officers who take over
charge on transfer without availing of the usual joining time voluntarily are entitled for
special casual leave in lieu of joining time not availed by them and that the Officers may
avail of the said period of joining time either en-block or on separate dates, but the said
period of special casual leave be availed of within a period of six months from the date of
transfer, as provided in S.R. 174(G) F.H.B. Vol. II, Part 3.
I am, therefore, to ask you to act in the matter accordingly.