कर्तव्य सम्पादन पर ही अवकाशों का अर्जनः नियम 57 के अनुसार अवकाश केवल कर्त्तव्य सम्पादन (By duty) के कारण ही अर्जित किये जा सकते हैं। इस नियम के अनुसार सेवा में व्यतीत अवधि भी अवकाशों की गणना में सम्मिलित की जावेगी। वैदेशिक सेवा में अंशदान दिये जाने पर व्यतीत अवधि को कर्त्तव्य अवधि में गिना जावेगा।

Rule 57:- Leave earned by duty. – Leave is earned by duty only. For the purpose of this rule a period spent in foreign service counts as duty if contribution towards leave salary is paid on account of such period. {Inserted by F.D. Order No. F. 5(1) F. D(R) /56 dated 11-1-1956.}

Government of Rajasthan’s Decision 1. A number of Government servants had to remain without posting for various period during the process of integration of services. A question has been raised whether such periods will count for earning leave. Since leave is earned by the actual performance of duty and no duty was performed by the Government servants concerned during such periods, it has been held that the periods in question will not count for earning leave, even though these may count for pension in terms of F.D. No. 23 (2)-R/52, dated 31-5-1952, (See Government of Rajasthan’s Decision No. 1 below Rule 180 of R.S.R.) {Inserted by F.D. No. F.23 (2) R/52, dated 7-1-1953.

2. Doubts have been expressed whether the terms “leave” referred to in Finance Department Memo. of even number dated 7-1-53 (reproduced as decision No.1) means only previlege leave or would include other kind of leave e.g. half pay leave also and whether the order will have retrospective effect. The matter has been examined. It has been held that the terms leave occurring in the said order refers to “privilege leave” or corresponding leave only and not to any other kind of leave. The order is to apply with retrospective effect but no recovery is to be made in cases of persons who retired before 7th January, 1953. {Inserted by F.D. Memo. No. F.23(2) R/52, dated 26-12-1953.}

(2) Leave accounts of Government servants, who remained unposted or ‘surplus’ should be revised in the light of Finance Department Memo. of 7- 1-53 (Decision No.1) as clarified in para 1 above. In the case of non gazetted employees this should be done by the Head of Offices concerned. If any debit balance is caused by the revision on this basis of leave accounts of Government servants such balance should be adjusted against the leave to be earned in future.