Payment of 7th CPC Leave Salary to the Running Staff – Railway Employees

Payment of 7th CPC Leave Salary to the Running Staff - Railway Employees NFIR

NFIR

No.IV/NFIR/7th CPC (Imp)/ Allowance/2016/Part I

Dated: 27/12/2019

The Secretary(E),
Railway Board
New Delhi

Dear Sir,

Subject: Payment of Leave Salary to the Running Staff after implementation of 7th CPC recommendations-reg.

Ref: (i) NFIR’s PNM Items No. 47/2018 & 57/2016.
(ii) Railway Board’s letter No. E(P&A)II/2017/RS-22 dated 28/12/2018 (RBE No.2204/2018).
(iii) NFIR’s letter No. IV/NFIR/7th CPC (Imp)/Allowance/2016/Part II dated 12/01/2019, 18/03/2019, 28/05/2019 & 17/08/2019.

Federation invites kind attention of the Railway Board to the references cited above relating to payment of Leave Salary to the Running Staff pursuant to the implementation of the recommendations of 7th Central Pay Commission. Federation once again reiterates that though the Railway Board have issued orders vide RBE No. 204/2018 dated 28/12/2018 but, however, there is no clarity in the said orders regarding date of effect i.e. from 01/01/2016, consequently in the provision in IPAS, date of effect has been taken as 01/07/2017 and the Running Staff have been put to recurring financial loss for 18 months (from 01/01/2016 to 30/06/2017) leave salary. Though the Federation has been making efforts to persuade the Railway Board to set right the technical snag but however action to correct/up-date IPAS has no been taken yet with the result Federation continues to receive grievances from the Running Staff from Zonal Railways.

Also check: 7th CPC: Payment of leave salary to the running staff after the implementation of 7th CPC recommendations

NFIR, therefore, once again urges upon the Railway Board to kindly intervene and issue suitable instructions to all concerned to rectify/up-date the IPAS giving effect to the instructions vide RBE No. 204/2018 dated 28/12/2018 from 01/01/2016 repeat from 01/01/2016 and not from 01/07/2017.
Action taken in the matter may kindly be apprised to the Federation.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

ENCASHMENT OF EARNED LEAVE ON JOINING CENTRAL GOVERNMENT EMPLOYEES FROM PSUS & VICE VERSA

Encashment of EL on Joining Central Govt to PSUs

ENCASHMENT OF EARNED LEAVE ON JOINING CENTRAL GOVERNMENT FROM PSUS & VICE VERSA

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.

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.

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}

Via: www.centralgovernmentnews.com

7th CPC Payment of arrears arising out of leave salary - NFIR

7th CPC Payment of arrears arising out of leave salary - NFIR

NFIR

No. I/3/Part I

Dated: 04/04/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Payment of arrears arising out of leave salary consequent to the implementation of the report of 7th CPC for the period from 01/01/2016 and onwards - denial of payment on Zonal Railways.

Federation invites kind attention of the Railway Board to the provisions contained in Para 924 read with Sub-Para (iv) of IREM Vol. I wherein it has been stipulated that when Running Staff are on leave (including Casual Leave), they shall be paid leave salary based on the Basic Pay plus 30% thereof and other Allowances including DA/ADA due on the Basic Pay plus 30% thereof. Reports continued to be received from many zones that the arrears arising out of leave salary as a result of implementation of 7th CPC with effect from 01/01/2016 are not being paid to the Running Staff more particularly the West Central Railway.

In this connection, Federation also invites kind attention of the Railway Board letter No. E(P&A)II-2016/FE.2/5 dated 16/10/2017 (RBE No. 148/2017) wherein instructions were issued for reckoning of 30% pay element for calculation of leave salary on 6th CPC pay, to the Running Staff during the period 0l/01/2016 to 31/08/2008 on raising the issue by NFIR through PNM agenda item No. 57/2016 at the level of Railway Board. Unfortunately, similar instructions have not been issued for payment of leave salary taking into account 30oh of pay element to the Running Staff consequent to implementation of the recommendations of 7th CPC w.e.f. 01/01/2016 with the result running staff are not being paid leave salary on Zonal Railways reckoning 30% pay element on 7th CPC Pay in the absence of Board's instructions.

NFIR, therefore, requests the Railway Board to consider the above facts and issue suitable instructions to the Zonal Railways for reckoning 30% pay element for payment of leave salary (7th CPC Pay) to the Running Staff w.e.f. 01/01/2016 and onwards. A copy of the instructions may be endorsed to the Federation.

Download Order
Source: NFIR

Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff: NFIR

NFIR

Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff - reg.

No. IV/RSAC/Conf./Part IX

Dated: 13/02/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff - reg.

The extant instructions provide that the Running Staff are entitled for payment of Leave Salary duly reckoning 30% of pay. It has, however, been represented by our affiliates as well staff that on many Zonal Railways 30% of 7th CPC pay is not being reckoned for the purpose of payment of Leave Salary to the Running Staff. When pointed out, the Zonal Railways stated that Board's clarification is awaited.

In this connection, NFIR desires to state that Leave Salary is not part of Allowances, therefore, 30% of 7th CPC pay needs to be added to the Basic Pay for the purpose of payment oi Leave Salary to the Running Staff. In view of confusion prevailing on certain Zonal Railways, the Railway Board may consider issuing suitable clarification for reckoning 30% of 7th CPC pay for the purpose of payment of Leave Salary.

NFIR, therefore, requests the Railway Board to issue clarification instructions as suggested above, duly endorsing copy thereof to the Federation, at the earliest.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

Source : NFIR

Maternity Leave (ML) for Railway Employees

Maternity Leave (ML) for Railway Employees

• It is a full pay leave not debited to any account.
• It is granted as under:
  
  

  For confinement	180 days
  Miscarriage/Abortion	45 days during service
  Female Casual workers	4 weeks

  
  
• Temporary Railway employees may be granted Maternity Leave if their employment is likely to continue till they come back to service may be granted Maternity Leave on the basis of Medical Certificate.
• It may be combined with any other type of leave.
• Any leave (including LND) upto a maximum 2 years may be granted in continuation of ML if applied for without Medical Certificate.

Paternity Leave (PL) for Railway Employees

Paternity Leave (PL) for Railway Employees

• Granted to male Railway employees (including Apprentices) with less than 2 surviving children.
• Granted for 15 days.
• During the period of confinement of wife of a Railway employee. Can be availed in the period between 15 days prior and 6 months after the date delivery of the child.
• Can availed only in one spell.
• If not availed it will be lapsed.
• It is not to be debited against leave account.
• Maybe combined with any other type of leave as in Maternity Leave.
• Leave salary equal to pay drawn just before proceeding on leave.
• Paternity Leave may not normally be refused.
• May be granted to Casual Labour who has temporary status for 15 days.
• With effect from 22.07.2009 it can be sanctioned in case of valid adoption of a child below one year for 15 days. It can be availed within 6 months from the date of adoption.

Pension Contribution & Leave Salary Contribution of BSNL employees deputed in DoT

Pension Contribution & Leave Salary Contribution of BSNL employees deputed in DoT

BHARAT SANCHAR NIGAM LIMITED
CORPORATE ACCOUNTS SECTION,
1st Floor, Bharat Sanchar Bhawan,
H C Mathur Lane, Janpath,
New Delhi — 110 001
(A Govt. of India Enterprise)

No. 500-571135NLI2011.121CA IV/ Vol V-Part1

Date: 14.03.2014

ToThe CGMs,
All BSNL circles

Sub: - Pension Contribution & Leave Salary Contribution of BSNL employees deputed in DoT-reg.

As per the FR no, 111, the borrowing organization is required to pay Pension Contribution & Leave Salary Contribution to lending organization. This will be applicable to BSNL officials working in the units of DoT namely TERM cell, CCA & DoT itself.

Further as the pension paying authority for BSNI. officials is DoT & it is also the borrower, it has been decided by BSNL management that Pension Contribution for BSNL officials working in DoT units/DoT shall not be transferred to DoT.

However, a schedule showing the list of employees posted to DoT units/DoT with their total Pension Contribution which has been paid by BSNL for the period of their deputation shall be submitted to DoT unit/DoT to which Pension Contribution is to be paid under acknowledgement.  Requisite entry in the service book of the official may also be made to this effect.

Leave Salary Contribution shall also be claimed from the DoT/DoT units in respect of BSNL officials on deputation in DoT/DoT units from the date of their deputation. Henceforth monthly claim shall be made in this respect.

This issues with the approval of the competent authority.

sd/-
(Rajeev Singh)
GM (CA)

Source: http://www.bsnleuchq.com/pension%20contribution.pdf

REGULAR POSTAL EMPLOYEES CAN GO FOR TOUR ANYWHERE IN INDIA (LTC)

REGULAR POSTAL EMPLOYEES CAN GO FOR TOUR ANYWHERE IN INDIA (LTC)

(This is applicable for all Civil Central Government Employees)

All regular postal employees can go for tour to anywhere in India along with his/her dependents i.e., family members (family members means the details of family given and recorded in their service books. This may be changed by the Government servant as and when either a new entrant i.e., newly married spouse, new born babies).


This tour can be availed once in anytime within the block year. These block years are already fixed by the department. At present the block year is 2014-2017. Now you and your dependents can avail the tour together with or separately depends upon your feasibility. i.e. as per your convenient you can alone go to anywhere in India at anytime. Likewise your dependents can alone go to anywhere in India at anytime i.e., in different time frame.

Now there is a chance to avail LTC for the previous block year 2010-2013 for those who have not availed till date they can avail now. i.e. their onward journey for anywhere in India is ensured the date of departure should be on or before 31.12.2014.

For this tour it is called as “LTC” i.e., Leave Travel Concession

Travelling expenses from your duty station to any place in India can be claimed as per fare for your entitled class in train by taking into the shortest route (as per your Grade Pay). Let us assume if you want to travel from Chennai (duty station) to New Delhi. But you may have travelled from Chennai Central to Mumbai VT and then New Delhi. In this connection your claim for travelling charges should be restricted to Chennai Central to New Delhi only even though you have preferred claim with support of tickets from Chennai Central to New Delhi en route Mumbai VT. Hence your claim should be preferred with tickets is mandatory. If it is necessitated to travel by bus when there is no train facility you should be travelled only by State or Central Government transport. It you have travelled by govt. bus though the places are connected with train route the bus fare is restricted with eligible train fare.

During on tour for LTC, the GS can be availed any kind of leave from his/her leave account. Casual leave is also eligible to avail LTC period.

Leave salary for 10 days can be utilized (10 days EL by deducting from the individual’s leave account) for tour expenses like boarding, lodging and miscellaneous other than travelling fare. This leave salary is calculated by taking account from the last emoluments (Pay in PB + Grade Pay + DA) drawn by the incumbent. This facility can be availed six times i.e. 6 x 10 days = 60 days in the entire service.

Travelling fare for entitled class in train based on Grade pay will be updated soon in my next post.


Source : http://indianjobguru.in/
via: http://sapost.blogspot.in/2014/03/regular-postal-employees-can-go-for.html

Subsistence Allowance during Suspension - for information

Subsistence Allowance during Suspension - for information

THE ALL INDIA SERVICES(DISCIPLINE AND APPEAL) RULES, 1969

4. Subsistence allowance during suspension.
4(1) A member of the Service under suspension or deemed to have been placed under suspension by the Government concerned shall be entitled to receive from that Government:-
4(1)(a) a subsistence allowance at an amount equal to the leave salary which a member of the Service would have drawn if he had been on leave on half-average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary; Provided that where the period of suspension exceed three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:

(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if, in the opinion of the said authority, the period of suspensions has been prolonged for reasons, to be recorded in writing, not directly attributable to the member of the Service;

(ii) the amount of the subsistence allowance may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing directly attributable to a member of the Service;

(iii) the rate of the dearness allowance will be based on the increased or, as the case may be, the reduced amount of subsistence allowance admissible under sub-clause (i) or sub-clause (ii) above.

4(1)(b) any other compensatory allowance admissible from time to time on the basis of pay of which a member of the Service was in receipt on the date of suspension, subject to the fulfillment of other conditions laid down for the drawal of such allowance.
4(2) No member of the Service shall be entitled to receive payment under sub-rule (1) unless he furnished a certificate that he is not engaged in any other employment, business, profession or vocation.
4(3) The authority to grant subsistence allowance shall be the suspending authority.
Government of India's Decisions

(1) The Government of India have decided that:

(1) The Government of India have decided that:

(i) the amount of subsistence allowance once granted should be varied by the suspending authority under the first proviso to this rule only after recording in writing the reasons for increasing or decreasing the amount;
(ii) a member shall not be entitled to compensatory allowance of which he was in receipt prior to suspension unless the suspending authority is satisfied that he continues to meet the expenditure for which they were granted.

[G.I., M.H.A. Letter No. 13/7/58-AIS (III), dated 18th October, 1958, read with No. 7/20/59-AIS (II), dated the 17th November, 1959]

(2) The Government of India have decided that the following deductions should be enforced from subsistence allowance:-

(i) Income tax and super tax (provided the member's annual income calculated with reference to subsistence allowance is taxable).
(ii) House rent and allied charges i.e. electricity, water furniture etc.
(iii) Repayment of loans and advances taken from Government at such rates as the competent authority deems it right to fix.

(2.2) The following deductions should not be made except with a member's written consent letter-

(a) Premia due on Postal Life Assurance Policies.
(b) Amounts due to Co-operative Stores and Co-operative Credit Societies.
(c) Refund of Advances taken from General Provident Fund.

(2.3) The following deductions should not be made from subsistence allowances:-

(i) Subscription to the All India Services Provident Fund.
(ii) Amounts due on Court attachments.
(iii) Recovery of loss to Government for which a member is responsible.

(2.4) There is no bar to the recovery of overpayments from subsistence allowance but the competent authority will exercise discretion in deciding whether recovery should be held wholly in abeyance during the period of suspension or it should be effected at full or reduced rate depending on the circumstances of each case.
[G.I., M.H.A. letter No. 7/18/59-AIS (II), dated 21st October, 1959]

(3) A question having arisen, it was decided that an officer (under suspension) is entitled to receive subsistence allowance at the rate equal to leave salary which he would have drawn while on leave on half average pay or half pay as the case may be, for the first twelve months. If after the expiry of that period, the competent authority does not find it necessary to increase or decrease the amount, the officer (under suspension) will continue to receive the same amount of subsistence allowance and it is not necessary to issue fresh orders in this regard.
[G.I., M.H.A. letter No. 7/8/62-AIS (III), dated 5th May, 1962]

Source: http://indiangovernmentnews.blogspot.in

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 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.