Sunday, May 18, 2014

TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972

TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972 


TYPES OF LEAVE ADMISSIBLE
• Casual Leave
• Earned Leave
• Half Pay Leave
• Commuted Leave
• Leave Not Due
• Extra-ordinary Leave
• Study Leave
• Hospital Leave
• Special Disability Leave
• Maternity Leave
• Paternity Leave
• Child care Leave

General Conditions:- Leave

• Leave – no claim as a right;
• Can be refused/ revoked;
• Kind of leave applied can not be altered by sanctioning authority;
• Commutation of leave within 30 days;
• Can not be granted for more than 5 years at a stretch;
• Prefix / Suffix – Sundays/holidays;
• MC : Govt servants – from AMA/CGHS Dispensary;
• MC: NGOs – from RMP;
• Period of over-stayal debited as HPL with no pay/allowances;
• Disc. Action on willful absence from duty after expiry of leave.

Casual Leave

• Not a recognised form ;
• Can be combined with special CL / vacation only;
• Sundays/holidays falling during a period of CL not counted;
• Sundays / holidays / restricted holidays can be prefixed/suffixed;
• Can be availed for half a day;
• Total 08 days admissible in a calendar year;
• Normally more than 5 days at a time not allowed;
• Joining in middle of year-proportionately or full – at the discretion.

Earn Leave

• 15 days on 1st January/July in advance;
• Credit reduced @ 1/10th of EOL& Dies non in previous half year;
• Rounding – fraction;
• Accumulation up to 300+15 days;
• Fresh appointment , Retirement /removal / dismissal / death in middle of half year – @ 2½ days per completed month;
• 180 days maximum can be availed at a time, exception
• Unavailed joining time credited in EL account.
• Encashment of E.L. during LTC (10 Days ) / On retirement ( Max 300 days)

Half Pay Leave

• 10 days on 1st January/July in advance;
• Credit reduced @ 1/18th of Dies non;
• Rounding – fraction;
• Accumulation – No limit;
• Fresh appointment – @ 5/3 days p.m.;
• Retirement /removal / dismissal / death in middle of half year
• Temp. Employee – grant subject to his return to duty;
• Can be on MC/without MC;
• On MC- Comm. Leave on full pay if applied for.

Commuted Leave

• Not exceeding half of HPL balance on medical certificate;
• up to 90 days during entire service –w/o MC for an approved course of study certified to be in public interest;
• up to 60 days to a female G.S. with less than 02 living children, on adoption of a child less than one year old;
• up to 60 days to a female G.S. w/o MC in continuation of maternity leave;
• Granted only if reasonable prospects of the G.S. returning to duty on its expiry.
• If quits service- period treated as HPL;
• If quits on ill health/death – No recovery.

Leave not due

• To permanent GS with no HPL at credit;
• Only on MC;
• Limited to HPL – G.S. likely to earn in remaining service period;
• Debited in HPL a/c;
• Temp. GS with min. 01 year of service – suffering from TB, Cancer or Mental illness can be granted .
• Not granted as LPR.

Leave not due-Exception

• To female GS w/o MC – in continuation of maternity leave;
• To female GS w/o MC – on adoption of a child less than one year old.
• Max. 360 days during entire service .

Leave Not Due [LND]

• Cancelled if GS does not return to duty – L.S. recovered;
L.S. not to be recovered :
- if resigns due to ill- health incapacitating him for further service,
- if retired prematurely,
- in the event of death.

Extra Ordinary Leave (EOL)

• When no Other leave is admissible; or
• When Other leave admissible, but Govt. servant applies for EOL;
Subject to maximum leave period of 05 years, EOL can be granted to a permanent Govt. servant up to any limit

For temporary officials: -
- Up to 03 months with or w/o MC;
• with a minimum of 01 year’s service- – up to 06 months with MC for common ailments;
- Up to 18 months with MC for cancer, mental illness, pulmonary TB or Pleurisy of Tubercular origine;
• With three or more year’s service
- up to 24 months where the leave is required for studies certified to be in public interest.

Maternity Leave- Female Employees

• Admissible to married/unmarried female G.S.; – Pregnancy: 135 days;
- Miscarriage / abortion: total 45 days in the entire service.
• Leave is not debited to leave account.
• It is granted on full pay.
• It may be combined with leave of any other kind.
• Any kind of leave (i/c 60 days of Comm. Leave/LND w/o MC) up to one year can be sanctioned in continuation of Maternity Leave;
• Not admissible for ‘threatened abortion’

Paternity Leave-Male Govt. Servant

• To male Govt. servant with less than two surviving children.
• It is not debited in leave account.
Leave salary equal to last pay drawn is admissible

 
Study Leave


• Five year’s service (I/c period on probation)
• For higher studies/specialized training in a professional/technical subject capable of widening his mind in a manner likely to improve his ability as a civil servant;
• Study leave can be :
- Granted for maximum 24 months in the entire service and may be granted at a stretch or in different spells;
- not debited to the leave account;
- Requisite Bonds in the prescribed forms are required to be executed
• Finance Ministry’s agreement for release of foreign exchange is necessary for study leave outside India;

• Leave Salary:
- Pay plus DA, HRA, CCA & study allowance admissible outside India;
- No study allowance admissible for course in India.

Special Disability Leave

• When disabled by injury intentionally inflicted or caused in due performance of official duties;
• When disabled by illness incurred in performance of any duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attached to civil post;
• Period of leave to be certified by AMA;
• Maximum 24 months;
• Not be debited to the leave account;
• First 120 days on full pay , after that on HPL;
• Period counts for pension.

Hospital Leave

• Gr ‘C’ whose duties involve handling of dangerous machinery, explosive material, poisonous drugs or performance of hazardous tasks; and
• Gr ‘D’ while under treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duties.
• Certificate of AMA necessary;
• Period of leave considered necessary by authority;
• Total period combined with any other kind not exceeding 28 months;
• Not be debited to the leave account;
• First 120 days on full pay , after that on HPL.
• Period counts for pension.

Child Care Leave

Who are entitled for Child Care Leave?
• Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) 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. Child Care Leave shall not be admissible if the child is eighteen years of age or older.
• Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate)
• No. CCL is not applicable to third Child.
• The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.
• No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.

Source: Central Government News
[http://www.centralgovernmentnews.com/types-of-leave-admissible-leave-rules-ccs-leave-rules-1972/]

Appointment and Submission of Report Dates of all Pay Commissions

Appointment and Submission of Report Dates of all Pay Commissions.
 
The official website of Seventh Central Pay Commission has published the details of all Central Pay Commission’s appointment date and report submission date recently…
 
Seventh Central Pay Commission
In a resolution dated 28th February, 2014, Government of India has appointed the Seventh Central Pay Commission comprising Justice Shri Ashok Kumar Mathur as Chairman, Shri Vivek Rae as full time Member, Dr. Ratin Roy as part time Member and Smt. Meena Agarwal as Secretary. The Commission is headquartered in Delhi and has been given 18 months from date of its constitution to make its recommendations. To this end the Commission will set up its team of Officers, Advisers, Institutional Consultants and Experts and call for required information and documents from Ministries and Departments of Government of India and various Service associations.
 
The dates of appointment and submission of recommendations of the previous six central pay commissions are as under :-
 
Central Pay Commissions Date of Appointment Date of Submission of Report
First Pay Commission May, 1946 May, 1947
Second Pay Commission August, 1957 August, 1959
Third Pay Commission April, 1970 March, 1973
Fourth Pay Commission June, 1983 Three Reports submitted in June, 1986;
December, 1986 and
May, 1987 respectively
Fifth Pay Commission April, 1994 January, 1997
Sixth Pay Commission October, 2006 March, 2008

Source: www.7cpc.india.gov.in
[http://7cpc.india.gov.in/about_us.html]

Letter from 7th Central Pay Commission to GOI Secretaries for data contribution on OGD Platform

Letter from 7th Central Pay Commission to GOI Secretaries for data contribution on OGD Platform
GOVERNMENT OF INDIA
SEVENTH CENTRAL PAY COMMISSION
NEW DELHI – 110001
MEENA AGARWAL
SECRETARY
No. 7CPC/21/Secy.’s
Dated: May 2, 2014
Dear
This is further to my DO letter No. 7CPC/15/Questionnaire dated 9th April 2014, enclosing a Questionnaire through which the views of your Ministry were sought on the various aspects of the broad issues that the Seventh Pay Commission is mandated to address.

2. While examining the various issues that it is required to look at, apart from the views already sought, the Commission would also need specific data / information on some of the focus areas viz., personnel position, expenditure on salaries and allowances, deployment of contractual staff, training and skill development of personnel, etc. Accordingly, templates for seeking the necessary data have been prepared and are enclosed herewith. Each of the focus areas is covered in a separate Annexure. Data provided by the Ministries / Departments will be crucial in analyzing the key parameters to be studied by the Commission.

3. This composite data template is being shared through the Open Government Data(OGD) platform (data.gov.in). The nodal officers of your Ministries / Department for data collation activity the pre-designed spreadsheets in XLS format and fill them in offline. Once this data collation activity is completed those sheets can be uploaded through the data.gov.in. The Data Controllers of data.gov.in are already familiar with process and methodology of uploading data on to this site. In case your Ministry has not yet nominated the Data Controller, this may kindly be done in accordance with the instructions as contained in the letter of the Cabinet Secretary dated July 18, 2012 in this regard. The weblink of the letter is http://data.gov.in/sites/default/files/CabSect_Letter.pdf.

4. Instructions may please be issued to the concerned Nodal Officer designated to deal with Pay Commission to furnish replies to the template, complete in all respects. All expenditure related data may kindly be got vetted/ obtained from the Principal CCA/CA of the Ministry / Department in ease of Civil Ministries and by the counterpart officers in the case of Defence, Railways and Posts.

5. I shall be grateful if the data as sought for is furnished to the Commission by 10 June 2014.
With regards,

Yours Sincerely,
Sd/-
(Meena Agarwal)

To
All Secretaries in Government of India
Copy to :
DG, National Information Centre, New Delhi

Source: www.data.gov.in
http://data.gov.in/sites/default/files/Seventh_CPC.pdf

MINISTERIAL STAFF(LDC & UDC) OF FARAKKA BARRAGE PROJECT WRITES TO LEADER STAFF SIDE REGARDING MACP ON PROMOTIONAL HIERARCHY BASE

MINISTERIAL STAFF(LDC & UDC) OF FARAKKA BARRAGE PROJECT WRITES TO LEADER STAFF SIDE REGARDING MACP ON PROMOTIONAL HIERARCHY BASE
 Anomalies in the Pay Fixation in respect of LDC/UDC categories of 6th CPC (MACP) Scheme...
MACP ON PROMOTIONAL HIERARCHY ISSUE

MACP ON PROMOTIONAL HIERARCHY/UPGRADATION OF GRADE PAY OF LDC & UDC-MINISTERIAL STAFF OF FARAKKA BARRAGE PROJECT WRITES TO LEADER STAFF SIDE
 
To
MR. N. SOMAIAH
LEADER, STAFF SIDE, DEPARTMENTAL COUNCIL,
MINISTRY OF WATER RESOURCES,
C/O, TAKSHASILA VIDYAPEETHAM,
DASAIGUDAM ROAD, SHANTHI NAGAR,
SURYAPET,
DIST. NALGONDA (ANDHRA PRADESH).
 
Sub:- Anomalies in the Pay Fixation in respect of LDC/UDC categories of 6th CPC (MACP) Scheme.

Sir,
We the undersigned employees belonging to the post of LDC/UDC are working in Farakka Barrage Project, under your kind control as well as under Govt. of India, Ministry of Water Resources beg to lay the following facts for your kind consideration and necessary appropriate action please.
01. That, most of us have joined in Govt. Service between 01-09-1984 prior to 1990 as LDC category, then our Pay Scale was Rs. 260-400/- as per 3rd CPC later on as per 4th CPC w.e.f. 01-01-1986 the Pay Scale was Rs. 950-1500/- and gradually promotional post was UDC / Head Clerk or Assistant respectively and the Pay Scale of UDC was Rs. 4000-6000/- and the Scale of Head Clerk was Rs. 5000-8000/- (Copy of Fixation of Pay or pre-revised and Revised are enclosed for ready reference).
02. The Financial Up-gradation under ACP Scheme was initially introduce in year 1999 i.e. on 09-08-1999 and as per this Scheme a Govt. servant (LDC in the instant case) with 12 years of regular service in the same post, Financial up-gradation to the next Scale of Pay Rs. 4000-6000/- in the same way the 2nd Up-gradation to the Scale of Pay Rs. 5000-8000/- was admissible after 24 years of regular service. There was no further Up-gradation in the ACP Scheme.
03. Consequent upon the recommendation of the 6th CPC and acceptance of GOI, DOPT was pleased to issue MACP Scheme vide OM NO. dated 19-05-2009 in which it was clearly indicated that the MACP Scheme will take prospective effect from 01-09-2008. It was also clearly mentioned in the OM that this order is issued in supersession of all previous orders i.e. ACP Scheme. In the OM a schedule regarding placement from one PB/GP to other upgraded PB/GP has been indicated in the Section-I, Part – A of the First Schedule of the CCS (Revised Pay) Rules 2008.
04. It is further stated that, under the modified MACP Scheme the above said two financial Up-gradation were converted into three Up-gradation as under :-

Sl. No. Description PB-1 Grade Pay
01 First Up-gradation on completion of 10 years of regular service 5200-20200 Rs. 2000/-
02 Second Up-gradation on completion of 20 years of regular service 5200-20200 Rs. 2400/-
03 Third Up-gradation on completion of 30 years of regular service 5200-20200 Rs. 2800/-

From the above it is evident that in the PB-1, 5200-20200 having GP Rs. 2400/- and the same PB-1 having GP Rs. 2800/- bears same and identical scale of pay, therefore placement from GP Rs. 2400/- in Pay Band 1 to GP Rs. 2800/- in same Pay Band-1, can not be termed as promotional/up-gradational benefit.
Thus granting of GP Rs.2800/- in same PB i.e. PB-1 is a cause of utter deprivation upon us from having our legitimate and lawful payments i.e. we instead of getting GP of Rs.4200/- in PB-2 is presently getting GP of Rs. 2800/- in PB-1.
 
In view of the above fact, it is further stated that who have joined before 01-09-1984 in various categories in the Govt. service they have got benefit second financial Up-gradation as per ACP Scheme, later on said employees are entitled for third Up-gradation as per MACP Scheme. In this connection a copy of Judgment of Hon’ble Principal Bench CAT, NewDelhi is enclosed for ready reference and kind
Therefore, we the petitioners are fervently request you to kindly process the case immediately for solving the utter discrimination caused upon us.
 
Hence we pray before your goodself to kindly unfurl the banner of Justice and save us from the financial crunch we are facing for.
 
With regards.
Dated Farkka,
the March, 2014
Yours faithfully
Signature,
All staff name, designation and signature
Source: www.aiamshq.blogspot.in
[http://aiamshq.blogspot.in/2014/05/macp-on-promotional-hierarchy-issue.html]

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