/ J Q 249 // ^alL. Ip^^^ THE REFORM LEAVE AND PAY CODES. ALLAHABAD : PRINTED AT THE PIONEER PRESS. 1886. 7 THE REFORM OF THE LEAVE & PAYCODES. Chapter I. In re-imposing the Income Tax the Government of India has now to confront an administrative pro- blem of the greatest difficulty. It has found it necessary (and nearly every official admits the necessity) to demand a tax of nearly 3 per cent, from its employes at a time when they are already losing 20 per cent, of their sala- ries by the loss in exchange. To these two losses must be added the decline in salaries, which in the Covenant- ed Civil Service amounts to about 15 per cent, in the last twenty years ; while in the Telegraph, Forest, Police, Public Works, and other Departments, it is be- lieved to« be fully as much. These three deductions add- ed together make a total loss of about ^2^^ per cent, on salaries, and we may safely say that an Indian official re- ceives for his own use at least 35 per cent, less than he used to do twenty years ago It is the fashion now to talk of the loss by exchange as 25 per cent, of salaries. This is, of course, an exaggeration, which could only be true if an Anglo-Indian spent the whole of his salary in Europe or on European articles. What is true is that he loses 25 per cent, on such portions of his salary as he remits to England or spends on articles of western origin. To the man, however, with a large family at home, who remits them three-fourths of his pay, and spends nearly all the remaining fourth on absolutely ne- cessary articles, such as clothes, conveyances, and the like, this portion may amount to seven-eighths of his whole salary, for the only thing on which he does not lose is his own food. To the average man who remits, say, one-half of his salary to England, and spends the other half freely in India, the loss by exchange will not be more than '15 to 18 per cent. Still be as accurate as M40983 :\^-ie:';iti^y: in: o]ur estimate, it is impossible to put the average loss by exchange at less than 17 per cent., and this, with 3 per cent. Income Tax and 15 per cent, re- duction in salaries, makes a total loss of 35 per cent., which the Indian official undoubtedly suffers, and which the Government must allow for, and inust take cognizance of. If it does not, one of two things will most assured- ly happen — either the standard of education, ability, and efficiency In the various services will decrease in pro- portion as the salaries decrease, or the officials, in at any rate the lower grades, will make up the deficiency in some of the many ways open to Europeans in an Oriental country. The Government must confront the problem ; It is no use avoiding it, and hoping that all will go on as before; that men will be as honest, as la- borious, as Intelligent on small salaries as on larger ones. We know that they will not ; and that the honest, la- borious, and intelligent will carry their wares (which have a very distinct market value) to other markets, where they can dispose of them at better prices. What we shall have left, to perform the most difficult task which any nation ever undertook, will be the idle, the stupid, the dissatisfied, and possibly the dishonest, and Heaven help us and India after twenty years of such a regime. We should probably have very little of India left to govern by that time ; but while there is any left, it is clearly the duty of the Indian Government and the English people to take all reasonable precautions to secure the integrity and efficiency of the classes through whom it governs and administers India. The question then arises — What can the Government do for Its em- ployesto compensate them for the very serious loss they are suffering } It is at once apparent that a Government which Is itself losing three or four millions sterling a year by exchange, cannot undertake to make good to its employes the whole of their loss under this head : the utmost that can be asked is, that the Government -should allow a ( 3 ) certain portion of each European's salary to be remitted to England at a more favourable rate. What portion that should be, and at what rate it could be remitted, Is a question for experts ; but If the Government could see Its way to allowing the remittance of one-fourth of salaries at is. gd. the rupee, there Is no doubt that it would be felt by most officials as a very sensible allevia- tion of their burdens. What this would cost, it is im- possible to say without elaborate calculations ; but the benefit should be strictly confined to Europeans who have been sent out to India by the Secretary of State, and who have, therefore, the right to measure their sa- laries by a European standard, and to expect to be able to avail themselves of European advantages for their children and for themselves. An officer who comes out to India in search of employment and who Aere accepts service, is on a totally different footing : he has taken local service and is locally appointed, and he cannot In the same way claim the advantages of Europe. If the grant were limited in the way we suggest, we do not think that it would amount to any very considerable sum ; and if it were granted, the Government would have the satisfaction of knowing that it had levied an Income Tax from those who could well afford it, and from those who were actually gaining by the decline in the price of silver, while it afforded a material compensa- tion to those of its employes who were losing most heavily by that decline, and the circumstances of whose engagements with the Government pointed them out as the fittest recipients of such compensation. But, after all, the extent over which such an allowance could be spread, and the amount of it, must be very problem- atical. There would be great opposition to It from the so-called friends of India, and possibly, too, from those classes of officials who would not profit by it ; and again, whatever sum was spent on this relief, must be deducted from the profits of the Income Tax. There are, there- fore, serious objections to it, which the Government ( 4 ) would have to consider and to overcome before it could sanction the concession. What we want to discover on the other hand, are concessions which would cost the Government nothing, which would injure no one, which would raise the envy of no excluded class, which are only- prevented by routine and inertia, and which would yet be substantial concessions to the very classes which are suffering most at present. Such concessions we believe we can point out. We will merely nmne them in the present article, and will reserve the discussion of them in detail till a future occasion. They all relate more or less to the terms on which officials are now allowed to take leave, or to act for one another, or to earn the pensions obtained by long service. The present Leave and Acting Allow- ance Codes are elaborate, over-refined, unduly minute, and most intricate compilations, which are so complicat- ed that not one official in ten outside the Account Offices even pretends to understand them, while the Account Officers themselves pretend to understand them and do not. Of this there is abundant proof in their conflicting decisions, for which, however, there is small blame to them, as anyone may satisfy himself who cares to investigate the rules for acting allowances in graded appointments, or any other sweet simplicities of that sort. What we advocate is the sweeping away of all the cobwebs which have gradually grown up around the Leave and Allowance Codes, and the reduction of them to a few simple rules, which, while protecting the inter- ests of Government, should allow as much freedom of action as possible to the individual. It should always be remembered that the individual employe has primd facie the right to do anything he wishes with regard to his leave, so long as he does not injure the interests of Government, i.e., of the tax-payer. All rules which are prescribed for these purposes are merely intended to safeguard the interests of the public against its employes ( 5 ) and to prevent abuses ; and as long as these ends are secured, it is enough. All further restrictions are harm- ful and unjust to the employ^ and useless to the Gov- ernment. The great principle to lay down with regard to leave is, that the Government should prescribe the total arnount of leave of each kind to be enjoyed by its ser- vants, and, that being fixed, it should allow them to take the leave in any instalments and in any combinations they please, due care being taken that an employe should not anticipate his leave, i. e., take more than he is entitled to on account of the period for which he has served. For, if this were allowed, a man might come out to India and serve a year and then take two years' leave, and resign at the end of it, which would be obviously unfair to the State, and should not be allowed even on medical certificate, as it now is. But with this one pre- caution against anticipating leave, we would sweep away all restrictions whatever, and let officials of every grade take their leave how and when they pleased, and as might be most convenient for thern. The less restric- tion there is on the part of Government the less fre- quently will men take leave ; for they now^ take it in instalments, and take one kind after another at short in- tervals, simply because they are not allowed to combine the different kinds of leave and take one in continuation of the other. Yet it is obviously for the advantage of Government that their employes should take a few long periods of leave at long intervals rather than many short periods at short intervals ; for each taking of leave in- volves a dislocation and break of continuity in the ad- ministration, and causes charges for joining time and subsidiary leave, which are merely so much useless ex- penditure to the Government. Our general principle be- ing thus stated, we shall proceed in the next chapter to examine in detail the results and advantages of grant- ing leave without any restrictions further than those mentioned above as to total amount and anticipation. Chapter II. In Chapter I we showed why the Income Tax will fall with special severity on officials at the present time, and gave reasons why Government should make certain inexpensive concessions to their employes, and we indi- cated in outline the form which we considered that these concessions might well take. We now proceed to consider in detail what these concessions might be, and what would be the effect of granting them. (I). — Leave. We shall take the Covenanted Civil Service as an example, both because it is the best paid and most numerous service, and because the rules relating to it are more fixed and better known than any others, and we shall deal, in the first place, with the rules affecting leave of all kinds. At present the total leave which a Civilian can take with pay is six years' furlough, six months' special leave, and as many months' privilege leave as he has completed years of active service ; but he can only take this leave with many limitations. First, he may not take any one of these kinds of leave in continuation of another kind; (2) he may not accumulate more than three months' privilege leave ; (3) he may not take fur- lough till three months after he has returned from pri- vilege leave ; (4) he may not take more than two years* furlough at a time ; (5) he must render eight years' ac- tive service before taking any furlough (except on me- dical certificate) ; and (6) he may not take furlough again for three years after his return from last furlough. Now, it may be said at once that all these restrictions should be swept away, and one general rule substituted, that a Civilian may take the above leave at any time of his service, and in any manner he likes (including com- binations of different kinds of leave), provided that he does not take more than one years' leave for every four years' active service he has completed. All leave beyond or in anticipation of this would be taken on subsistence ( 7 ) allowance or without pay, as the Government might decide. This would guard the interests of Government more effectually than the present rules ; for it would prevent men coming out to India for two or three years, and then going home on long-conthiued sick leave, which only ends in resignation. Such men may be much to be pitied ; but it is not equitable to the State that they should render only two years' service and then enjoy two years' leave on half-pay. If they have been able to complete only two years' service before taking sick leave, they should be entitled to only six months' leave on half-pay, and the rest on subsistence allowance. But such cases are ex- tremely rare, and what we have to consider is, the effect on the average Civilian of such a simple and equitable rule as that proposed. Can anyone doubt that it would be an enormous boon to him ? At present he is hamper- ed on all sides ; and Instead of leaving him to take his leave how and when he pleases, the Government keeps him in leading strings, and tells him he may do this and may not do that, just as If he were a child. Let us con- sider each of the restrictions separately, and It will be seen how unnecessary they are, and how vexatious they may often become. ( I ). No one kind of leave may be taken in conti- nuation of another kind. By this rule it is impossible to add on three months' privilege leave to three months or four months' furlough, and so go home for a hot weather partly on full pay. Many a man could do this, who could not afford to go home for seven months on half- pay, and what harm would it bring the Government \Le., the tax-payer .^) What happens at present is, that the official takes three months' privilege leave, when- ever he has accumulated it, and then takes furlough the next year. This Is constantly happening and cannot be prevented ; yet It is distinctly much more disadvantage- ous to Government than if the man took leave once combining the two leaves. For at present there are two breaks in the continuity of the appointment — one ( 8 ) when he takes privilege leave, and another when he takes furlough ; and two periods of joining time allowed to the officer who acts for him, both in coming to join the appointment and in returning to his own appoint- ment. ♦ So, too, if a man have six months' furlough and six months' private affairs to his credit, why should he not be allowed to take the whole period continuously ? At present he is forced to return from the one kind of leave for six months before he can take the other kind of leave and in this way two periods of subsidiary leave are unnecessarily granted to the officer taking leave, and two periods of joining time are given to the officer acting for him, whereas one of each would be all that would be required, if the whole leave could be taken continuously. It follows that the distinction between special leave and furlough should be done away with altogether as unnecessarily complicating. It is merely a survival of the time when no one would go to England for so short a period as six months, unless he had some very urgent reason for it; but now-a-days when no one thinks any- thing of going to England on even three months' leave, it is absurd and useless to keep up a distinction without a difference between two kinds of leave which are really one and the same. At present the total period of leave (with pay) Is six years' furlough and six months' special leave. It would be a graceful and considerate act of the Government if, taking Into account the unavoidable misfortunes of its servants, It were to change these two periods Into 07ie period of seven years' furlough, and abolish the distinction between the two kinds of leave. As the actual residence required of a Civilian Is 2 1 years, this would leave the proportion exactly one year of furlough to each three years of actual residence in the country. The increased cost would hardly be appreci- able, as many Civilians would not take the extra six months in any case. There would then only be two kinds of leave : — ( 9 ) (i). Privilege leave, on full pay, amounting to one month for every 1 1 months of residence completed; and (2) Furlough, on half-pay, amounting to one year for every three years of residence completed. These should be permitted to be taken in any combination that might be desired, provided that the rules of total quantity and anticipation were not broken. Another boon which might be easily granted is, that privilege leave should not be forfeited by taking furlough, but should be accumulated and worked off in a separate account. At present it is extremely hard, and even unjust, that if a man falls sick and has to take more than three months' leave when he has earned three months' privilege leave, he forfeits the whole of the latter leave, although it was fairly earned by- actual residence, and though the sickness may have been due to hard work, or exposure in the Government service. An account of the privilege leave each officer has earned should be kept, and the amount earned should remain at his credit in all cases, until he has received it and used it up. Coming now to the second restriction — (2). Privi- lege leave shall not be accumulated for more than three months. Why not .'^ In what way does the accumulation injure Government } On the contrary, it is much better for Government that an officer should remain at his post for four or five years, and should then take four or five months' privilege leave, than that he should take one month's leave in each year. The latter system, as point- ed out above, leads to unnecessary expense to Govern- ment and unnecessary breaks in the continuity of office. The old theory used to be that the officer must h^ forced to take leave at least once in three years to maintain his health and efficiency ; but there is no need of any forcing now-a-days; every man will take leave if he can afford it; it is all a question of expense, and it is less expensive to the individual and less injurious to the administration that leave should be taken in a few large instalments, rather than in many small ones. In bye-gone days, when ( lo ) ties with England were few and with India many, when travelling was difficult and even dangerous, and when the Indian official not infrequently settled down for life in India with small thought of his native country or his abandoned friends, it may have been necessary lo force him to take leave at stated intervals. But now, when a 14-day voyage lands him in Europe, when most men run home every second or third year, and when every man's thoughts and interests are centred in England, there is no occasion whatever to force or tempt him to take leave. Give him the opportunity to take it when and how he pleases, and the money to do it with, and he will take every day's leave you allow him. We therefore say allow privilege leave to accumulate without limit. If a man has done eight years' actual service for the Government in India without a day's leave, he has earned eight months' leave on full pay, if any man ever could, and by all means let him have It, if he has not forfeited It by any misconduct or Indolence. The third restriction would be swept away incident- ally If the above proposals were carried into effect. It is that (3) /2