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Section 5: Retirement from parent service on appointment as Me'nbor

Maharashta Administrative tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairman and Members) Rules, 1986.Central Rules · 1985

{l) The Chairman, a Vice·Chainnall or a Member who, on the dat~ of idg appointm..: nt to the Tribunal, was in service under the Central Govern­ m{';llt or a State Governm~nt, shaH seck fl!tirement fr0m such service before his appointmePf to Ihe Tri­ huml and in the case of a sitting Judge of a High ('ourt who is appointed as ChailDlan or a Vice­ Chairman, his service in the Tribunal , hall be treated as actual service within the meaning o~ para 11(bl(1) of Part 'D' of the Second Schedule to the Constitu­ /lOll 0) On su~h rul" (1), the Memb<r :- retirem.;:r,t ;L Chairman, is provided for in suI>­ Vice-C!Jairn:an and

(i) spall be entitl";! ta receiv, I"'n sion and f!:1tuity in a.;:; .. on.l; .... ' ce with thl! reri rement n.les appHca!)'c t ·) him; and

(ii) shoJ1 not be all ·",'·'" to carr v forward his earned leave but shall be entftled to receive cash equivalent of le",e ,a !:try. if any. in accorJance with the rules app:icaJie to him prior to his Ict ircn1.!nt.

>S. leavc.-(l) A pc"" n, on appo',,:n:ent m th.:

Tribunal 3S ;1 f'h:l irman, Vice C hdirmnn or:l Mt.!mb..!r, shu!l b.: cnti'kd to La\'1o! as fcll,]',V$ :

(i) e. ·rl~<!d leave m :I ,' t~itc of 5f1.v.:' 11 da)'s tor l'H ... ry comph.!.::..o\! ... :11, adur ) ':J( o)!'" SI.·',·'/'C';: '.)1' a part ther ~ JI', :I' ,Q the k.lV· sa bry for such leave S:'1il I", equal to "I, Po) drawn i 'llmediately h->:t ' : ! l'foce·::d:oJ Ol! k:lvl. ,

(ii) half pay 'eave on medical certificate or on priva ,e affairs at the rale of twenly days in respect of ·.ach completed year of service and the leave salary for half pay leave shall be equivalent to half of the leave salary admissible during the earned ieave;

(iii) leave on half pay can be commuted to full pay leave at the discretion of [he Member, provided it is taken on modic"1 grounds and is suppar,ed by a medica! certificate from the competent medical authnrity.

(iv) extra-ordinary leave without pay and allow­ ances upto a maximum period o[ one hun­ dred eighty days in one lerm of office.

(2) If lhe ('!'ai rman, a Vice-Chairman or a Mrmb"r IS unable to enjoy full vacation on account of his occupa' ion with the Tribunal, he shall be entitled to and the un~ni()yrd period cf V:lca!l()n to the leave account.

Explanation : For the purpose of this sub-rule, "vacation" means vacation of thirty days in each calendar year observed by the Tri­ bunal.

(3) On Ihe expiry of his term 'Of Dilice in the Tribunal, lh" Chairman a Vice-Chairman or a Member shaU be entilled 10 receive oach equivalnt of leave salary in respect of the earned leav'e estanding to his credit. provided that the qu.mtum 'Of leave eocashed under this sub-rule and clause (ii) of sub­ fule (2) 'Of ruk 5 shall not exceed 130 days.

(4) The Chairman, a Vice-Chairman or other Memb!rs shall be .nlilled to r<ce.v~ the dearness alowance, as admissible (m the leave salary under sub·rule (3), at the rales in fNce on the d:.tte of th~ relinqul£hment of the office in the Tribunal:

Prorided that he shan not be cntil/ed for the city compensatory aUowance or any other allowance on such leave s~l]ary.

Where this provision sits

ActMaharashta Administrative tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairman and Members) Rules, 1986.
Section5
Marginal noteRetirement from parent service on appointment as Me'nbor
JurisdictionCentral
StatusIn force as published by the source

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