Sunday, November 25, 2012

Leave Encahsment - Leave/Cash payment-CCS (Leave) Rules–Rule 39

Leave Encahsment - Leave/Cash payment - CCS (Leave) Rules – Rule 39

Rule-39: Leave/Cash payment in lieu  of leave beyond the date of retirement, compulsory retirement or quitting of service 

(1) No leave shall be granted to a Government servant beyond-
(a) the date of his retirement, or
(b) the date of his final cessation of duties, or
(c) the date on which he retires by giving notice to Government or he is retired by Government by giving him notice or pay and allowances in lieu of such notice, in accordance with the terms and conditions of his service, or
(d) the date of his resignation from service. 

(2)(a) Where a Government servant retires on attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to grant leave shall suo motu issue an order granting cash equivalent of leave salary for earned leave, if any, at the credit of the Government servant on the date of his retirement, subject to a maximum of 1[300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service)].
(b) The cash equivalent under Clause  (a) shall be calculated as follows and shall be payable in one lump sum as a one-time settlement.

No House Rent Allowance or Compensatory (City) Allowance shall
be payable-  



Cash equivalent =

** Pay admissible on the date of retirement plus dearness allowance admissible on that date
-------------------------------------------------- X
                              30

Number of days of unutilized earned leave at credit on the date of retirement subject to the maximum of 1[300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service)].

(3)  The authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of a Government servant
who retires from service on attaining  the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such authority there is a possibility of some money becoming recoverable from him  on conclusion of the proceedings against him.  On conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of Government dues, if any.

(4)(a) Where the service of a Government servant has been extended, in the interest of public service beyond the date of his retirement, he may be granted-
(i) during the period of extension, any earned leave due in respect of the period of such extension plus the earned leave which was at his credit on the date  of his retirement subject to a maximum of 180 days/1[300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service)] as the case may be, as prescribed in Rule 26

(ii) after  expiry of the period of extension, cash equivalent in the manner provided in sub-rule (2) in respect of earned leave at credit on the date of retirement, plus the earned leave earned during the period of extension, reduced by the earned leave availed of during such period, subject to a maximum of 1[300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service)].
(b) The cash equivalent payable  under sub-clause (ii) of Clause
(a) of this sub-rule shall be calculated in the manner indicated in Clause (b) of sub-rule (2) above.
*(5)  A Government servant who retires or is retired from service in the manner mentioned in Clause © of  sub-rule (1), may be granted suo motu, by the authority competent to grant leave, cash equivalent of the leave salary in respect of earned leave at his credit subject to a maximum of 1[300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service)] and also in respect of all the half pay leave at his credit, provided this period does not exceed the period between the date on which he so retires or is retired from service and the date on which he would have retired in the normal course after attaining the age prescribed for retirement under the terms and conditions governing his service.  The cash equivalent shall be equal to the leave salary as admissible for earned leave and/or equal to the leave salary as admissible for half pay leave plus dearness allowance admissible on the leave salary for the first 1[300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service)] at the rates in force on the date the Government servant so retires or is retired from service.  The pension and pension  equivalent of other retirement benefits and ad hoc relief/graded relief on pension shall be deducted from the leave salary paid for the period of half pay leave, if any, for which the cash equivalent is payable.  The amount so calculated shall be paid in one lumpsum as a one-time settlement.  No House Rent Allowance or Compensatory (City) Allowance shall be payable. 
 
Provided that if leave salary for the half pay leave component falls short of pension and other pensionary benefits, cash equivalent of half pay leave shall not be granted.

(5-A) Where a Government servant is compulsorily retired as a measure of penalty under the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and the disciplinary authority has not imposed any reduction in the amount of his pension (including gratuity) under Rule 40 of the Central Civil Services (Pension) Rules, 1972, the authority competent to grant leave shall suo motu issue an order granting cash equivalent of leave  salary for earned leave, if any, at credit of the Government servant on the date of such retirement, subject to a maximum of 1[300 days (including the number of days for which cash equivalent has been allowed while in  service)] in the manner indicated in Clause (b) of sub-rule (2)

(6)(a)(i) Where the services of a Government servant are terminated by notice or by payment of pay and allowances in lieu of notice, or otherwise in accordance with the terms and conditions of his appointment, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date on which he ceases to be in service subject to a maximum of 1[300  days (including the number of days for which encashment has  been allowed along with Leave Travel Concession while in service)].
    
(ii) If a Government servant  resigns or quits service, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 2[150 days].
    
(iii) A Government servant, who is re-employed after retirement may, on termination of his re-employment, be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of termination of reemployment subject to a maximum of 1[300 days (including the number of days for which encashment has been allowed along with Leave Travel Concession while in service)] including the period for which encashment was allowed at the time of retirement.
(b) The cash equivalent payable under Clause (a) shall be calculated in the manner indicated in Clause (b) of sub-rule (2) and for the purpose of computation of cash equivalent under sub-clause (iii) of Clause (a), the pay on the date of the termination of re-employment shall be the pay fixed in the scale  of post of re-employment before adjustment of pension and pension equivalent of other retirement benefits, and the Dearness Allowance appropriate to that pay

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