Sunday, November 25, 2012

Grant of and Return from Leave - CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972

F.R. & S.R. – PART III - Leave Rules
CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972
CHAPTER III - Grant of and Return from Leave

Rule 14. Application for leave:

Any application for leave or for extension of leave shall be made in Form 1 to the authority competent to grant leave.

Rule 15. Leave account:

Except as provided in the Note below, a leave account shall be maintained in Form 2 for each Government staff by the Audit Officer in the case of Gazetted Government staffs and by the Head of Office or an officer authorized by him in the case of non-Gazetted Government staffs.

NOTE.- In the case of Gazetted Government staffs whose pay and allowances are drawn and disbursed by the Head of Office, the leave account shall be maintained by that Head of Office.

Rule 16. Verification of title to leave:

(1) No leave shall be granted to a Government staff until a report regarding its admissibility has been obtained from the authority maintaining the leave account.

NOTE.- The order sanctioning leave shall indicate the balance of earned leave/half pay leave at the credit of the Government staff.

(2)(a) Where there is reason to believe that the obtaining of admissibility report will be unduly delayed, the authority competent to grant leave may calculate, on the basis of available information, the amount of leave admissible to the Government staff and issue provisional sanction of leave for a period not exceeding sixty days.

(b) The grant of leave under this sub-rule shall be subject to verification by the authority maintaining the leave account and a modified sanction for the period of leave may be issued, where necessary.

(c) In the case of Gazetted Government staffs , the Audit Officer may, at the request of the authority competent to grant leave, issue a provisional leave salary slip for a period not exceeding sixty days.

NOTE.- In the case of leave preparatory to retirement or where cash payment in lieu of leave at credit is granted under Rule 39, an undertaking for recovery of the leave salary, if any, paid in excess, shall be taken from the Government staff.

Rule 17. Leave not to be granted in certain circumstances:

Leave shall not be granted to a Government staff whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from Government service.

Rule 18. Deleted.

Rule 19. Grant of leave on medical certificate to Gazetted and non-Gazetted Government staffs:

1[(1) An application for leave on medical certificate made by-

(i) a Gazetted Government staff, shall be accompanied by a medical certificate in Form 3 given by a Central Government Health Service (CGHS) Doctor if such a Government staff is a CGHS beneficiary or by a Government Hospital or by an Authorized Medical Attendant if he is not a CGHS beneficiary; and by an Authorized Doctor of the private hospital recognized under CGHS/Central Services (Medical Attendance) Rules, 1944, in case of hospitalization or indoor specialized treatment duly approved by Competent Authority in respect of any particular kind of disease like heart disease, cancer, etc., for the treatment of which the concerned hospital has been recognized by the Ministry of Health and Family Welfare:

Provided that the Gazetted Government staff who is a Central Government Health Service beneficiary, if at the time of illness, is away from CGHS area or proceeds on duty outside the Headquarters will produce Medical Certificate (MC) or Fitness Certificate (FC) in Form 3 and Form 5, as the case may be, given by an Authorized Medical Attendant;

(ii) a non-Gazetted Government staff, shall be accompanied by a medical certificate Form 4 given by a CGHS Doctor if such a Government staff is a CGHS beneficiary or by Government Hospital or by an Authorized Medical Attendant if he is not a CGHS beneficiary; and by an Authorized Doctor of the private hospital, recognized under CGHS/Central Services (Medical Attendance) Rules, 1944, in case of hospitalization or indoor specialized treatment duly approved by the Competent Authority in respect of particular kind of disease like heart disease, cancer, etc., for the treatment of which the concerned hospital has been recognized by the Ministry of Health and Family Welfare:

Provided that the non-Gazetted Government staff who is a CGHS beneficiary, if at the time of illness is away from CGHS area or proceeds on duty outside the Headquarters will produce M.C. or F.C. in Form 4 or 5, as the case may be, given by an Authorized Medical Attendant (AMA) or by Registered Medical Practitioner (RMP) if there is no AMA available within a radius of 8 kilometers (kms) from his residence or place of temporary stay outside his Headquarters and also in the circumstances when he finds it difficult to obtain MC or FC from a CGHS Doctor or an Authorized Medical Attendant;

defining as clearly as possible the nature and probable duration of illness.]

NOTE.- In the case of non-Gazetted Government staff, a certificate given by a registered Ayurvedic, Unani or Homoeopathic medical practitioner or by a registered Dentist in the case of dental ailments or by an honorary Medical Officer may also be accepted, provided such certificate is accepted for the same purpose in respect of its own employees by the Government of the State in which the Central Government staff  falls ill or to which he proceeds for treatment.

(2) A Medical Officer shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government staff concerned will ever be fit to resume his duties and in such case, the opinion that the Government staff is permanently unfit for Government service shall be recorded in the medical certificate.

(3) The authority competent to grant leave may, at its discretion, secure a second medical opinion by requesting a Government Medical Officer not below the rank of a Civil Surgeon or Staff Surgeon, to have the applicant medically examined on the earliest possible date.

(4) It shall be the duty of the Government Medical Officer referred to in sub-rule (3) to express an opinion both as regards the facts of the illness and as regards the necessity for the amount of leave recommended and for that purpose may either require the applicant to appear before himself or before a Medical Officer nominated by himself.

(5) The grant of medical certificate under this rule does not in itself confer upon the Government staff concerned any right to leave; the medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited.

(6) The authority competent to grant leave may, in its discretion, waive the production of a medical certificate in case of an application for leave for a period not exceeding three days at a time. Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than leave on medical grounds.

Rule 20. Leave to a Government staff who is unlikely to be fit to return to duty:

(1)(a) When a Medical Authority has reported that there is no reasonable prospect that the Government staff will even be fit to return to duty, leave shall not necessarily be refused to such Government staff.

(b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions:-

(i) if the Medical Authority is unable to say with certainty that the Government staff will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to a Medical Authority;

(ii) if a Government staff is declared by a Medical Authority to be completely and permanently incapacitated for further service, leave or an extension of eave may be granted to him after the report of the Medical Authority has been received, provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the report of the Medical Authority does not exceed six months.

(2) A Government staff who is declared by a Medical Authority to be completely and permanently incapacitated for further service shall –

2[(a) if he is on duty, not be invalidated from service during his service period;

(b) if he is already on leave, not be invalidated from service on the expiry of that leave or extension of leave, if any, granted to him under sub-rule (1).]

Rule 21. Commencement and termination of leave:

Except as provided in Rule 22, leave ordinarily begins on the day on which the transfer of charge is effected and ends on the day preceding that on which the charge is resumed.

Rule 22. Combination of holidays with leave:

(1)(i) When the day, immediately preceding the day on which a Government staff’s leave (other than leave on medical certificate) begins or immediately following the day on which his leave expires, is a holiday or one of series of holidays, the Government staff shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave specifically withheld) to leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays, provided that–

(a) his transfer or assumption of charge does not involve the handling or taking over of securities or moneys other than a permanent advance;

(b) his early departure does not entail a correspondingly early transfer from another station of a Government staff to perform his duties; and

(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government staff who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

(ii) In the case of leave on medical certificate-

(a) When a Government staff is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that day) shall be treated as part of the leave; and

(b) When a Government staff is certified medically fit for joining duty, holiday(s), if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding the day he is so certified shall be treated as part of the leave.

(2) On condition that the departing Government staff remains responsible for the moneys in this charge, the Head of Department may, in any particular case, waive the application of Clause (a) of the proviso to sub-rule (1).

(3) Unless the authority competent to grant leave in any case otherwise directs -

(a) if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays; and

(b) if holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

NOTE.- A compensatory leave granted in lieu of duty performed by a Government staff on Sunday or a holiday for a full day may be treated as a holiday for the above purpose.

Rule 23. Recall to duty before expiry of leave:

(1) Deleted.

(2) Deleted.

(3) In case a Government staff is recalled to duty before the expiry of his leave, such recall to duty shall be treated as compulsory in all cases and the Government staff shall be entitled-

(a) if the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw -

(i) traveling allowance under rules made in this behalf for the journey; and

(ii) leave salary, until he joins his post, at the same rate at which he would have drawn it but for recall to duty;

(b) if the leave from which he is recalled is out of India, to count the time spent on the voyage to India as duty for purposes of calculating leave, and to receive-

(i) leave salary, during the voyage to India and for the period from the date of landing in India to the date of joining his post, at the same rate at which he would have drawn it but for recall to duty;

(ii) a free passage to India;

(iii) refund of his passage from India if he has not completed half the period of his leave by the date of leaving for India on recall or three months, whichever is shorter;

(iv) travelling allowance, under the rules for the time being in force, for travel from the place of landing in India to the place of duty.

For rules governing the drawal of traveling allowance for a journey on recall from leave, see Supplementary Rules 142 and 143.

Rule 24. Return from leave:

(1) A Government staff on leave shall not return to duty before the expiry of the period of leave granted to him unless he is permitted to do so by the authority which granted him leave.

(2) Notwithstanding anything contained in sub-rule (1), a Government staff on leave preparatory to retirement shall be precluded from returning to duty, save with the consent of the authority competent to appoint him to the post from which he proceeded on leave preparatory to retirement.

(3)(a) A Government staff who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness in Form 5.

(b) (Not printed)

(c) (Not printed)

(d) In the case of a non-Gazetted Government staff , the authority under which the Government staff is employed on return from leave may, in its discretion, accept a certificate signed by a Registered Medical Practitioner.

(4)(a) A Government staff returning from leave is not entitled, in the absence of specific orders to that effect, to resume as a matter of course the post which he held before going on leave.

(b) Such Government staff shall report his return to duty to the authority which granted him leave or to the authority, if any, specified in the order granting him the leave and await orders.

NOTE.- A Government staff who had been suffering from Tuberculosis may be allowed to resume duty on the basis of fitness certificate which recommends light work for him.

Rule 25. Absence after expiry of leave:

(1) Unless the authority competent to grant leave extends the leave, a Government staff who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were half pay leave, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

(2) Willful absence from duty after the expiry of leave renders a Government staff liable to disciplinary action.

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

Leave Salary-CCS (Leave) Rules–Rule 40

 Leave Salary - CCS (Leave) Rules – Rule 40

Rule-40:  Leave Salary

(1)Except as provided in sub-rule (7), a Government servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.

NOTE :- In respect of any period spent on foreign service out of India, the pay which the Government servant would have drawn if on duty in India but for foreign service out of India shall be substituted for the pay actually drawn while calculating leave salary.

(3) A Government servant on half pay leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).

(4) A Government servant on commuted leave is entitled to leave salary equal to the amount admissible under (sub-rule (1).

(5) A Government servant on extraordinary leave is not entitled to any leave salary.

(7) ( c).In the case of a Government servant who is granted leave earned by him during the period of re-employment, the leave salary shall
be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.

(8)In the case of a person to whom the Employees’ State Insurance Act, 148 (34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefit payable under the said  Act for the corresponding period.

(9) (a) If, in the case of a Government servant who retires or resigns from the service, the leave already availed of is more than the credit so due
to him, necessary adjustment shall be  made in respect of leave salary, if any, overdrawn.

(b) Where the quantum of earned  leave already availed of by a Government servant who is dismissed or removed from service or who die while in service is in  excess of the leave credit under  Clause (b) of sub-rule (2) of Rule 27,the overpayment of leave salary shall be recovered in such cases. 

Advance of Leave salary-CCS (Leave) Rules–Rule 42

 Advance of Leave salary - CCS (Leave) Rules–Rule 42

Rule-42:  Advance of Leave salary

A Government staff, including  a Government staff on foreign service, proceeding on leave for a period not less than thirty days may be
allowed an advance in lieu of leave salary up to a month’s pay and allowances admissible on that leave salary subject to deductions on account of Income Tax, Provident Fund, House Rent, Recovery of Advances etc.

NOTE 1. Leave salary advance may also be allowed to Central Government staffs transferred temporarily to posts other than under Central Civil Departments.  The borrowing authority should be informed of this by making a suitable provision in the terms of the transfer of the Government staffs concerned.

NOTE 2:- The concession may be allowed also to State Government staffs transferred temporarily to posts under Central Civil Departments.

Combination of holidays with leave - Holidays are prefixed to leave

Combination of holidays with leave

When the day, immediately preceding the day on which a Government servant’s leave (other than leave on medical certificate) begins or immediately following the day on which his leave expires, is a holiday or one of series of holidays, the Government servant shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave specifically withheld) to leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays, provided that–

   (a) his transfer or assumption of charge does not involve the handling or taking over of securities or moneys other than a permanent advance;

   (b) his early departure does not entail a correspondingly early transfer from another station  of a Government servant to perform his duties; and

   (d) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

(ii) In the case of leave on medical certificate-

    (a) When a Government servant is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding the day he is so certified shall be treated as part of the leave.

(2)   On condition that the departing Government servant remains responsible for the moneys in this charge, the Head of Department may, in any particular case, waive the application of Clause (a) of the proviso to sub-rule (1).

(3)   Unless the authority competent to grant leave in any case otherwise directs -

   (a) if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays; and    

   (b) if holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

   NOTE.- A compensatory leave granted in lieu of duty performed by a Government servant on Sunday or a holiday for a full day may be treated as a holiday for the above purpose.

Paternity Leave, CCS (Leave) Rules, Rule 43-A

Paternity Leave, CCS (Leave) Rules, Rule 43-A

Rule-43 A: Paternity leave

(1)  A male Government staff (including an apprentice) with less than two surviving children, may be granted Paternity Leave  by an authority competent to  grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.

(1) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(2) The paternity Leave may be combined with leave of any other kind.

(3)  The paternity leave shall not be debited against the leave account.

(4)  If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.



NOTE:- the Paternity Leave shall not normally be refused under any circumstances.

CCS (Leave) Rules - Rule 53 - Sanction of study leave

CCS (Leave) Rules - Rule 53 - Sanction of study leave

Rule-53: Sanction of study leave

(1)A report regarding the admissibility of the study leave shall be obtained from the Audit Officer: Provided that the study leave, if any, already availed of by the Government staffs shall be included in the report.

(2)Where a Government staff borne permanently on the cadre of one department or establishment is serving temporarily in another department or establishment, the grant of study  leave to him shall be subject to the condition that the concurrence of the  department or the establishment to which he is permanently attached is obtained before the leave is granted.

(3)Where the study leave is granted  for prosecution of studies abroad, the Head of the Mission concerned shall be informed of the fact by the authority granting the leave, provided that where such leave has been granted by an Administrator, the intimation shall be sent through the Ministry concerned.

NOTE :-  The Head of the Mission shall be contacted by the Government staff for issue of any letters of introduction or for  other similar facilities that may be required.

(4)(a)Every Government staff in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a Bond in Form 7 or Form 8, as the case may be, before the study leave or extension of such study leave granted to him commences.

(b)Every Government staff not  in permanent employ who has been granted study leave or extension of such study leave shall be required to execute a  bond in Form 9 or Form 10 as the case may be, before the study leave or extension of such study leave granted to him commences.

(c) The Authority competent to grant leave shall send to the Audit Officer a certificate to the effect that the Government staff referred to in Clause (a) or Clause (b) has executed the requisite bond.

5(a) On completion of the course of study, the Government staff shall submit to the authority which granted him the study leave, the certificates of examinations passed or special courses of study undertaken, indicating the date of commencement and termination of the course with the remarks, if any, of the authority in charge of the course of study.

(b)If the study is undertaken in a country outside India where there is an Indian Mission, the certificates shall be submitted through the Head of the Mission concerned.  

CCS (Leave) Rules - Rule 12 - Maximum amount of continuous leave

CCS (Leave) Rules - Rule 12 - Maximum amount of continuous leave

Rule-12:  Maximum amount of continuous leave
Unless the President, in view of the exceptional circumstances of the case otherwise determines, no Government staffs shall be granted leave of any kind for a continuous period exceeding five years.

CCS (Leave) Rules - Right to leave - Rule 7

Rule-7: Right to leave

(1) Leave cannot be claimed as of right.

(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government Staffs.

Central Civil Services (Leave) (Amendment) Rules, 2011

[TO BE PUBLISHED IN PART II, SECTION-3, SUB-SECTION (i) OF THE GAZETTE OF INDIA]


Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 12th May, 2011.

NOTIFICATION

       G.S.R. – In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely: -

1. (1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules. 2011.

    (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), in rule 27, in sub rule (2), for clause (b), the following clauses may be substituted, namely,-

    “(b) When a Government servant is removed or dismissed from service, credit of earned leave shall be allowed at the rate of two & half days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service;

     (c) When a Government Servant dies while in service, credit of earned leave shall be allowed at the rate of  2 1/2 & half days per completed month of service up to the date of death of the government Servant.”

3. In the said rules, in rule 29, in sub-rule (2), for clause (c), the following clauses shall be substituted, namely,-

   “(c) When a Government servant is removed or dismissed from service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service;

    (ca) When a Government Servant dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed month of service up to the date of death of the Government Servant.”

[F. No.13026/1/2010-Estt.(L)]

sd/-
(Vibha Govil Mishra)
Deputy Secretary to the Government of India



Foot note:-The principal rules were published vide number S.O.940, dated the 8th April, 1972 and was last amended vide notification G.S.R. 170 dated the 1st December, 2009.



Source : www.persmin.nic.in

Different Types of Leave available to central government staffs

Different Types of Leave available to central government staffs and a brief description of each leave.

1.   Earned Leave

2.   Half Pay Leave

3.   Commuted Leave

4.   Leave Not Due

5.  Maternity Leave

6.  Paternity Leave

7.  Study Leave

8.  Extra Ordinary Leave

9. Casual Leave

10.Child Care Leave

11.Hospital Leave

12.Vocational Department Staff Leave

13: Special Disability Leave

14. Child Adoption Leave

15. Leave to Probationers

16. Leave to Apprentices

1. Earned Leave:-   Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave :-  All Government staffs are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave:-   This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.
It can be taken  up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due:-  This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate  if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry.  It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and  due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave :-  Maternity leave is granted to women government staffs.
1) Pregnancy: 180 days – Admissible only to staffs with less than two surviving children.
2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.
The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave :- A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave:- Study leave may be granted to all government staffs with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.
The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.
The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.
Study leave will not be debited to the leave account and may be combined with other leave due.
Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave :- Extraordinary leave is granted to a Government staffs when no other leave is admissible or when other leave is admissible, but the Government staffs applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and  EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave :- In a calendar year eight days of casual leave is permissible.
Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.
(ii) It cannot be combined with joining time.
(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.
(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.
(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.
(vi) Casual Leave can be taken for half day also.
(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances.
(viii) LTC can be availed du ring Casual Leave.
(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave :- Woman staffs having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..
Conditions for Child Care Leave
1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.
2. It can be availed in more than one spell.
3. It can not be debited against the leave account.
4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave:- Hospital leave is admissible to Group 'C' staffs whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group 'D' staffs.
Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement :- The leave entitlements of staffs of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of 'earned leave'.
No earned leave will be admissible to a government staffs of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave :- Special disability leave admissible to all staffs when disabled by injury intentionally or accidentally inflicted or  caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorized Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.
May be combined with any other leave.
Will count as service for pension.
Will not be debited to the leave account.

14. Child Adoption Leave:-  Child adoption leave is granted to Female staffs, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave.
It may be combined with leave of any other kind.
Leave not debited against the leave account.

15. Leave to Probationers :- A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent staffs according as his appointment is against a permanent post.

16. Leave to Apprentices :- Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship.

CCS (LTC) Rules, 1988— Relaxation for travel by air to visit Jammu & Kashmir

CCS (LTC) Rules, 1988— Relaxation for travel by air to visit Jammu & Kashmir

The Department of Personnel and Training has issued orders today regarding that the relaxation for travel by air to visit Jammu and Kashmir under Leave Trevel Concession, is extended for a further period of two years with effect from 18.6.2012 to 17.6.2014 as per CCS (LTC) Rules,1988. Note that this Department has already issued orders pertaining to extend to travel by air to visit NER for further two years upto April 2014.

We have reproduced the order and given below for your ready reference:

CCS (LTC) Rules, 1988— Relaxation for travel by air to visit J & K


F.No.31011/2/2003-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi, dated 15th June, 2012

OFFICE MEMORANDUM

Subject:- CCS (LTC) Rules, 1988— Relaxation for travel by air to visit J & K

The undersigned is directed to refer to this Departments O.M. of even No. dated 18th June, 2010 on the subject mentioned above and to say that the relaxation for LTC travel to visit J & K under CCS (LTC) Rules, 1988 is extended for a further period of two years w.e.f. 18th June, 2012 subject to the following conditions:

(a) Travel by Air to continue to be ¡n Economy Class only, irrespective of the entitlement of the officer.

(b) The condition that air tickets can be purchased either directly from the Airlines (booking counters/website) or through authorized agents only viz., M/s Balmer Lawrie and Co. Ltd., or M/s Ashok Travels and Tours Ltd. / IRCTC (to the extent IRCTC is authorized as per D0PT’s O.M. No.31011/6/2002-Estt.(A) dated 02.12.2009), would necessarily apply.

(C) All other conditions prescribed in this Department’s OM. dated 18.6.2010, read with O.M. dated 05.8.2010 and 25.8.2011 would continue to apply.

2. Hindi version follows.

sd/-
(B. Bandyopadhyay)
Under Secretary to the Government of India

Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/31011_2_2003-Estt.A-IV-15062012.pdf]

GRANT OF ADDITIONAL QUANTUM OF PENSION / FAMILY PENSION

GRANT OF ADDITIONAL QUANTUM OF PENSION / FAMILY PENSION

The issue of grant of additional quantum of pension/family pension and clarification to the doubt raised by the Chennai PAO has been taken up by the CHQ through Com. S.K.Vyasji.
Thanks to Com. Vyasji.

CLICK HERE FOR THE ORDER

Source: Central Government News

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