Sunday, March 31, 2013

Dopt Clarification Orders on Joining Time Rules

Dopt Clarification Orders on Joining Time Rules : Dopt has issued some clarifications as in the type of Questions and Answers.

Joining Time Rules

SI. No. / Frequently asked Questions / Answer

1. Whether Joining time / Joining Time pay is admissible in case of technical resignation of a Government servant to join another Government organization?

For appointment to posts under the Central Government on the results of a competitive examination and or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time.
A Government servant shall be treated on duty during the period of joining time and shall be entitled to joining time pay equal to the pay and allowances like DA, HRA, CCA, drawn before relinquishment of charge at the old post. But temporary Central Government employees with less than 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay. {Rule 4 (4) of CCS(JT) Rules}

2. When can the unutilized joining time be credited as Earned Leave?
Rule 6 (1) of the CCS (Joining Time) Rules provides that when a Government servant joins a new post without availing full joining time by reasons that—

(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or

(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family, then the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (JT) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave.

3. Whether joining time can be combined with leave?
Rule 6(2) of the CCS (Joining Time) Rules provides that Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]

Dopt clarification orders on Honorarium


Dopt clarification orders on Honorarium...

Honorarium

Sl. No. / Frequently asked Questions / Answer

I. Upto what amount the Head of Department can grant honorarium?
The Ministries/Departments can grant honorarium upto Rs.5000/- per annum per employee and the Head of Department can grant honorarium upto Rs.2500/- per annum per employee. O.M. No.1711/9/85-Estt (Allowance) dated 23.12.1985 refers.


2. What are the rates of honorarium for translation work from regional language to English/Hindi and vice versa?
The rates for translation from regional languages to English/Hindi and vice-versa is Rs.120/- per thousand words of Ordinary Material and Rs.130/- per thousand words of Technical Material (including Codes / Manuals, etc.). This is subject to a maximum of Rs.5000/- per annum in each case, whether recurring or non-recurring. O.M. No.17011/04/2011-Estt.(AL) dated 1.4.2011 refers.

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]

Encashment of Earned Leave on joining Central Government from PSUs - Dopt orders

Encashment of Earned Leave on joining Central Government from PSUs & vice versa

Sl. No. / Frequently asked Questions / Answer

1. Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.?
Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.

2. Whether Leave encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?
Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period.

3. Whether cash equivalent of leave salary in case of permanent absorption in PSU/Autonomous Body is permissible?
A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012}

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Dopt issued orders regarding the Leave Encashment alognwith LTC

Dopt issued orders  as FAQ regarding the Leave Encashment alognwith LTC. The main questions are clarified...

Whether encashment of leave is allowed after LTC is availed?

Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?

Whether leave encashment should be revised on retrospective revision of pay/D.A?

Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?

Leave Encashment with LTC

SI. No. / Frequently asked Questions /Answer
1. Whether encashment of leave is allowed after LTC is availed?
Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.

2. Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?
Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied.

3. Whether leave encashment should be revised on retrospective revision of pay/D.A?
In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.

4. Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?
The Industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivaleant of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006. {OM No. 12012/3/2009- Estt.(L) dated 28-12-2012}.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

FAQ on General entitlement of leave - Dopt

No. 21011/08/2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****
Establishment (Leave) Section


General entitlement of leave

Sl. No. / Frequently Asked Question / Answer
1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))

2. What are the leave entitlements of Govt. servants serving in a vacation Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.

• For the purpose of this rule, the term `year' shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.

• A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

• As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]
No. 21011/08/2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****
Establishment (Leave) Section

General entitlement of leave

Sl. No. / Frequently Asked Question / Answer
1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))

2. What are the leave entitlements of Govt. servants serving in a vacation Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.

• For the purpose of this rule, the term `year' shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.

• A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.

• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.

• As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

FAQ on Special Allowance for child care for women with disability

Department of Personnel and Training issued clarification orders on special allowance for child care for women with disability as Frequently Asked Questions...

Special Allowance for child care for women with disability

Sl. No. / Frequently asked Questions / Answer

1. Whether the women employees with disabilities are entitled for special allowance for child care at double the rates for multiple births at the time of first child birth?
No. In case of multiple births at the time of first child birth, the woman employee shall not be entitled to this allowance at double the rates for multiple births.


2. Whether the allowance would be admissible for the 3rd child in case either of the first two children i.e. first child or the 2nd child expires before the attaining the age of two years?
It is clarified that the grant of Special Allowance for the child care for women with disabilities is admissible for two years from the birth of the child so long as the woman employee does not have more than two surviving children.

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]

Child Care Leave to women employees of Public Sector undertakings - Dopt


Department of Personnel and Training has issued clarification order from time to time pertaining to all subjects for Central Government employees, the recent order clarified in the respect of Child Care Leave to women employees of Public Sector Undertakings...

Child Care Leave

Sl. No. / Frequently asked Questions / Answer

1. Whether women employees of Public Sector undertakings/ Bodies etc. are entitled to CCL?
Orders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.

2. Whether Govt. servant can be permitted to leave station/go abroad while on CCL?
Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.

3. What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?
The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL. ' The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C}

4. Whether child care leave has been extended to female industrial employees?
Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No. 12012/2/2009-Estt.(L) dated 01-08-2012 }


Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Paternity Leave for Child Adoption/Child Adoption Leave

How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave - Dopt clarified for this question in recent orders...

Paternity Leave for Child Adoption/Child Adoption Leave

Sl. No. / Frequently asked Questions / Answer

1. How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave?


As per notes below rules 43AA and 43B  "Child" for the purpose will include a child  taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child'.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

FAQ on Study Leave - Dopt Orders

Dopt has issued orders as FAQ regarding the subject of Study Leave...

Study Leave

SI. No. / Frequently asked Questions / Answer

1. What is the maximum amount of study leave which can be availed?
The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}.

2. Whether study leave can be clubbed with other leave?
Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)

3. What is the validity period of bond to be executed by the Government servant while proceeding on study leave?
Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).

4. Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?
As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Dopt clarification on Commuted Leave

Dopt clarification on Commuted Leave

SI.No. / Frequently asked Questions / Answer

1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?


Leave on medical grounds may be allowed  on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in cases.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Whether interest is payable on delayed payment of leave encashment dues?

Interest on Leave Encashment

SI. No. / Frequently asked Questions / Answer

1. Whether interest is payable on delayed payment of leave encashment dues?


No. There is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Leave Encashment on Suspension/Dismissal/Removal - Dopt Clarification Orders

Leave Encashment on Suspension/Dismissal/Removal

Sl.No. /  Frequently asked Questions / Answer

1. Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the 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/she will become eligible to the amount so withheld after adjustment of Government dues, if any.

2. Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from service?
A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Recommendation of Department Relates Parliamentary Standing Committee on Compassionate Appointment

Parliament Committee Matter
Immediate


No.41013/1/2013-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block,
New Delhi
Dated: the 25th March, 2013

OFFICE MEMORANDUM

Subject:- Recommendation of Department Relates Parliamentary Standing Committee on Compassionate Appointment - reg.

The undersigned is directed to refer to para 9.3 of the 23rd Report on Government Policy on Compassionate Ground given by Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, Rajya Sabha. The Committee inter-alia recommended as under:

    i. The guidelines/circulars issued by the Government must be complied with and a feedback must be obtained from each of the administrative Ministries so that a cross check can be in place to see that the instructions issued are followed properly.

    ii. The role of the administrative Ministries under which the particular PSU comes become all the more important and it should pass on each and every instruction issued by the Government of India to the PSUs and receive the confirmation from them and send the feedback to the Government of India.

    iii. A yearly report must be sent to the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) by the administrative Ministries to ensure whether the instructions issued by the Government are complied with and the Ministry of Personnel must also call for a report on the issue per annum.


2. The Department of Public Enterprises vide their letter no.2(63)07-DPE(GM) dated 11th March 2008 informed the Committee that Vittal Committee has reviewed the guidelines issued by them in the matter of compassionate appointment. CPSEs were given autonomy to frame their own guideline on compassionate
appointment keeping in view their operational / business requirements. The Department of Financial Services informed that the scheme formulated and circulated by the Indian Banks’ Association to all the public sector banks, ensures the uniform application of the appointment on compassionate grounds or ex-gratia in lieu thereof.

3. All the administrative Ministries/Department are requested to furnish an annual report in the enclosed proforma latest by 30th April of every year, indicating the status of implementation of government instructions on compassionate appointment as on 31st March of that year. Initially separate reports for three years covering the period from 01.04.2010 to 31.03.2011, 01.04.2011 to 31.03.2012 and 01.04.2012 to 31.03.2013 should be sent. Thereafter, an annual report covering the period from 1st April of the preceding year to 31 March of the current years be sent. While forwarding the report, the status of compassionate appointment in public sector units/banks/Insurance companies, autonomous bodies etc. may be indicated.

sd/-
(Virender Singh)
Under Secretary to the Government of India

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/41013_1_2013-Estt-D.pdf]

Consolidated instructions relating to action warranted against Government servants remaining away from duty without authorisation / grant of leave — Rule position

No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:- Consolidated instructions relating to action warranted against Government servants remaining away from duty without authorisation / grant of leave — Rule position.

The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularisation of unauthorised absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated
that such absence is unauthorised and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorised absence.

2. In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorised absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorised absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a) Proviso to FR 17(1)

The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b) FR 17-A

The said provision inter alla provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by thecompetent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.


(c) Rule 25 of the CCS (Leave) Rules, 1972

The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:

i. the Government servant shall not be entitled to any leave salary for such absence

ii the 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 is due being treated as extraordinary leave

iii wilful absence from duty after the expiry of leave renders a Government servant liableto disciplinary action.

With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribe under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d) Rule 32(6) of the CCS (Leave) RuIe, 1972

This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS(Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary leave shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b) (ii).

3. All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.

4. Hindi version will follow.


sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_3_2012-Estt-Leave.pdf]

Friday, March 29, 2013

5th CPC DA vs 6th CPC DA Table

5th CPC DA vs 6th CPC DA Table

5th CPC DA TABLE
6th CPC DA TABLE
01.01.1996
0%
01.01.2006
0%
01.07.1996
4%
01.07.2006
2%
01.01.1997
8%
01.01.2007
6%
01.07.1997
13%
01.07.2007
9%
01.01.1998
16%
01.01.2008
12%
01.07.1998
22%
01.07.2008
16%
01.01.1999
32%
01.01.2009
22%
01.07.1999
37%
01.07.2009
27%
01.01.2000
38%
01.01.2010
35%
01.07.2000
41%
01.07.2010
45%
01.01.2001
43%
01.01.2011
51%
01.07.2001
45%
01.07.2011
58%
01.01.2002
49%
01.01.2012
65%
01.07.2002
52%
01.07.2012
72%
01.01.2003
55%
01.01.2013
80%
01.07.2003
59%
01.07.2013
-
01.01.2004
61%
01.01.2014
-
01.03.2004
DA merged
-
-

Unauthorised absence – Consolidated instructions

Unauthorised absence – Consolidated instructions

No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)

New Delhi, the 28th March, 2013.
OFFICE MEMORANDUM

Subject:-    Consolidated instructions relating to action warranted against Government servants remaining away from duty without – authorisation/grant of leave — Rule position

The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularisation of unauthorised absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated that such absence is unauthorised and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorised absence.

2. In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorised absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorised absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a)    Proviso to FR 17(1)
The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b)    FR 17-A
The said provision inter alia provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

(c)    Rule 25 of the CCS (Leave) Rules, 1972
The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible, and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:
i the Government servant shall not be entitled to any leave salary for such absence;
ii the 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
iii wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.
With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/ within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d)    Rule 32(6) of the CCS (Leave) Rules, 1972
This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary leave shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b) (ii).

3.    All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.

Source- DOPT

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