|Course:||Government Rules and Regulations(Short Notes, Topic Wise & Full Length Tests)|
|Printed by:||Guest user|
|Date:||Friday, 19 August 2022, 5:09 AM|
1. Leave Rules
Leave admissible to Central Government employees is regulated as per CCS (Leave) Rules, 1972.
(i) Leave cannot be claimed as a matter of right.
(ii) Leave of any kind taken earlier can be commuted in to leave of any other kind at a later date on an application made within 30 days of joining duty after leave, by the employee and at the discretion of the leave sanctioning authority subject to adjustment of leave salary.
(iii) If leave is applied on medical grounds, the employee should produce.
(a) In case of a CGHS beneficiary and living in an area covered by the CGHS at the time of illness- a medical/fitness certificate (in prescribed form) from a CGHS doctor.
(b) In case a Government servant who is not a CGHS/who though a CGHS card holder is not residing in an area covered by CGHS-a medical/fitness certificate from Govt. hospital or his AMA. However, in case of non-Gazette employee, if an AMA is not available within a radius of 8 kms. Of his residence or it is difficult to obtain medical certificate from CGHS or AMA, a certificate from an RMP may be accepted.
(c) In case of hospitalization/indoor treatment for a particular kind of disease (e.g. heart, cancer etc). Permitted in a recognized private hospital- a medical/fitness certificate from the authorized doctor in such a hospital.
(iv) Leave sanctioning authority may-
(a) Refuse or revoke any kind of leave.
(b) Commute retrospectively periods of absence without leave into Extra Ordinary Leave (EOL) and
(c) Secure second medical opinion if needed when leave is applied on medical grounds.
(v) Leave sanctioning authority cannot alter the kind of leave due and applied for.
(vi) No leave of any kind can be granted for a continuous period exceeding 5 years. If anyone is absent from duty for a continuous period of more than 5 years other than foreign service, with or without leave, he shall be deemed to have resigned from disability
(vii) Leave on medical certificate in connection with disability should not be refused or revoke without reference to a medical authority, whose advice shall be binding.
The ceiling (of 5 years) on maximum permissible leave shall not be applied in case of leave in connection with disability. Any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into the leave account.
(viii) Any kind of leave may be granted in combination with or in continuation of any other kind of leave except casual leave.
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(i) When the period of lave is preceded or followed by Holiday then such holiday(s)/Sunday/Saturday/Second Saturday/Restricted Holiday then such holiday(s) shall not be counted as leave. In other words, the employee shall be permitted to be absent on such holiday(s) without taking leave.
(ii) An employee on leave (including leave preparatory to retirement) shall not return to duty during the period of leave except with the permission of the competent authority.
(iii) An employee on leave including leave preparatory to retirement should not take up any service or employment elsewhere without prior sanction from competent authority.
(iv) An employee on leave on medical ground will be allowed to return to duty only on production of medical certificate of fitness as discussed above.
(v) If an employee overstays after leave without prior sanction:
(a) The period of overstay will be debited to Half Pay Leave (HPL) account to the extent HPL is available and the balance period of overstay if any left out will be treated as EOL.
(b) The entire period of overstay will not be counted for increment unless such period is commuted as Extra Ordinary Leave and the EOL is specially allowed to count for increment.
(c) The employee will not be entitled for leave salary for the whole period of overstay.
(vi) Willful absence from duty after expiry of leave may entail disciplinary action against the employee.
(vii) For the purpose of leave, persons re-employed after retirement shall be treated as if employed for the first time.
(viii) If the employee intends to go abroad during leave, the leave sanctioning authority shall take prior approval of competent authority (or where no competent authority is designated, the leave sanctioning authority himself) for permitting the officer to go aboard.
(ix) If an employee is declared by medical authority as completely and permanently incapacitated leave permissible under rules may be granted to him. He may not be invalidated from service.
(x) For better monitoring of attendance and leave of Government employees, AADHAR enabled bio-metric attendance system has been installed in all Government Offices.
EARNED LEAVE (E.L)
(i) Credit to the E.I account of an employee will be made, as under:
(a) On entering the service, 2.5 days per month for each completed calendar month from the date of joining to the immediately following 1st January 1st July, rounding up to the nearest full day;
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(b) therefore, 15 days EL is credited on each 1st July and 1st January every year (i.e. 30 days EL for each completed year of service);
(c) On retirement 2(1/2) days per completed calendar month in the relevant half year, in which he retired;
(d) on the date of removal from service/dismissal, at the rate of 2.5 days per month for each completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service, rounding up to the nearest full day shall be credited,
(e) When a Government servant dies while in service, 2(1/2) days completed month of service up to the date of his death.
(f) when over joining time is not fully utilized, the joining time admissible subject to a maximum of 15 days, as redacted by the number of days actually availed , shall be credited to EL, account. However the total credit of El and unutilized joining time shall not exceed 300 days.
The one-day joining time for transfer in the same station if not utilized cannot be credited to EL account.
(i) The EL to the credit of an employee at the end of a half-year shall be carried forward to the next half-year and accumulated up to a maximum of 300 days.
(ii) When the credit of EL at the start of any half-year, result in the total accumulation of EL being more than 300 days, the 15 days EL for that half-year shall be kept separately and set off against the leave availed during that half-year. Any portion of this separately credited leave not availed within the half-year, shall be accumulated with the previous EL to the credit of EL account provided the total accumulated EL does not exceed 300 days. Such procedure may be resorted to in cases where the earned leave at the credit of the Govt. servant on the last day of December or June is 300 days or less but more than 285 days. This does not apply to unveiled joining time.
(iii) EL account of the employee will be debited-
(a) To the extent EL is availed of,
(b) 1/10th of the EOL availed and/or period of dies non during the previous half-year subject t a maximum of the credit to be afforded for the next half-year (i.e.15 days)
(iv) EL can be availed up to-
(a) 180 days at any one time.
(b) 300 days in case of leave preparatory to retirement.
(c) 300 days in case of Group ‘A’ officers if the entire leave or a portion of it is spent outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan, provided out of the leave so granted the leave spent in India does not exceed 180 days.
(v) Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career.
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HALF PAY LEAVE (HPL)
(i) Credit to the HPL account is made in advance, as under:
(a) On entering the service 5/3 days per month for each completed calendar month from the date of joining to the immediately following 1st January/1st July, rounding up to the nearest full days;
(b) Thereafter 10 days HPL on each 1st July and 1st January every year (i.e,20 days HPL for each completed year of service).
(c) On the date of retirement/resignation at the rate of 5/3 days per month for each completed calendar month in the relevant half year, rounding up to the nearest full day;
(d) On the date of removal/dismissal from service, 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;
(e) When a Govt. servant dies while in service,5/3 days per completed month of service up to the date of death.
(ii) Debit to the HPL account is made-
(a) When half pay leave is availed: to the extent it is availed;
(b) When the commuted leave is availed: double the number of days so availed.
(c) When the employee avails leave not due,
(d) 1/18th of the period of dies non in a half-year, subject to a maximum of 10 days, shall be reduced from the half pay leave to be credited for the next half-year,
(e) When the employee overstays after leave without prior sanction, number of days he so overstays.
(iii) HPL can be-
(a) Availed with or without medical certificate,
(b) Converted into full pay leave as ‘commuted leave’ if leave applied for is on medical ground; or
(c) Converted into full pay leave as ‘commuted leave’ up to a maximum of 180 days during the entire service, to be utilized for an approved study course.
(i) Commuted leave cab be taken-
(a) With medical certificate up to a maximum of ½ the amount of HPL due to an employee,
(b) CGHS beneficiaries should get the medical certificate from CGHS,
(c) Without medical certificate:
- Up to a maximum of 180 days during the entire service for an approved course of study certified to be in public interest,
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- Up to a maximum of 60 days by a female employee in continuation of maternity leave;
- Up to a maximum of 60 days by a female employee having less than 2 living children, on adoption of a child less than one year.
(i) Commuted leave can be granted at the request of the employee even when EL, is at the credit of the employee.
(ii) When commuted leave is taken, twice the number of days so taken is debited to HPL account.
LEAVE NOT DUE (LND)
Grant of Leave Not Due (LND)
(a) Leave not due is normally granted to permanent employees and to temporary employee in certain special cases.
(b) It is granted when the employee has not HPL to his credit and the leave sectioning authority is satisfied that there is reasonable prospect of the employee returning to duty after the leave.
(i) Leave not due is granted only on production of medical certificate except in following cases;
- Female employees applying for LND in continuation of maternity leave;
- Female employees with less than two living children applying for LND on adoption of a child less than one year.
(ii) The amount of LND shall be limited to-
(a) The HPL the employee is likely to earn subsequently; and
(b) A maximum of 360 days in the entire service.
(iii) LND shall be debited to the HPL account of the employee.
(iv) LND should not be granted as leave preparatory to retirement.
(v) If an employee on LND, resigns/retires voluntarily without returning to duty-
(a) The LND will be cancelled.
(b) The retirement or resignation shall take effect from the date of commencement of leave,
(c) Leave salary paid, if any, will be recovered.
EXTRA ORDINARY LEAVE (EOL)
Grant of EOL
(a) EOL, is granted when (i) no other leave is admissible; or (ii) other leave is admissible, but the employee requests for EOL in writing.
(b) The EOL granted in one occasion shall not exceed:
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(1) For permanent employee: Maximum 5 years for all kinds of leave. No separate limit for EOL.
(2) For temporary employee:
(i) 3 months - general limit for all employees, whether with or without medical certificate.
(ii) 6 months – for employees with minimum one year continuous service, against medical certificate for common ailments.
(iii) 18 months – for employees with minimum one year continuous service undergoing treatment for pulmonary tuberculosis (TB) or pleurisy, TB of any other part of the body, leprosy, cancer or mental illness.
(iv) 24 months –for an employee with minimum three year’s continuous service, for the purpose of prosecuting studies. This period can be further extended, if the employee undertakes to return to duty after leave and work for at least another 3 years.
(3) For SC/ST employee: leave required for attending the Pre-Examination Training Course at the notified centre, without any limit.
(a) Two spell of EOL, intervened by any other leave will be considered as one spell for applying limit as above.
(b) EOL can be granted to regularize periods of absence retrospectively.
EARNED LEAVE IN VACATION DEPARTMENT
Admissibility and Conditions
(i) Departments where regular vacations are allowed during which employees serving there are permitted to be absent from duty, are called vacation departments.
(ii) Leave entitlement in vacation departments is the same as in other departments except in case of EL.
(iii) If in any year of 12 months of actual duty in a vacation department an employee avails full vacation, on EL will be allowed to him. If in any year, the employee does not avail any vacation, or where due to orders of higher authority, the employee does not avail any vacation or enjoys up to 15 days of vacation only, EL will be allowed as in other departments. However, if he avails of a portion of the vacation, he will be entitled to EL in such proportion of 30 days as the number of days of vacation not taken bears to the full vacation. No earned leave shall be admissible in case of temporary employees in first year of their service.
(iv) The EL to the credit of an employee at the end of a half-years shall be carried forward to the next half-years and accumulate up to a maximum of 300 days.
(v) Facility of crediting unveiled joining time to EL account will be admissible in vacation department also.
(vi) Vacation and leave of any kind can be combined but the total period of vacation and earned leave taken should not exceed 300 days at a time. Vacation can be combined with CL also.
SPECIAL DISABILITY LEAVE
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Special disability leave is admissible to any employee (permanent or temporary) who are disabled by any injury or illness incurred in the performance of his duties.
(a) In the case of the disability due to injury.
i. The disability should have manifested within 3 months of the occurrence to which it is attributed.
ii. The employee should have acted with due promotion to bring the disability to the notice.
(b) In case of disability due to illness:
(i) AMA should certify that the disability is directly due to performance of a particular duty.
(ii) If it has been contacted during service (other than with a military force) the leave sanctioning authority should be satisfied that the disability is exceptional in character.
(c) Special disability leave is not debited to any leave account.
(d) The leave is counted as duty for purpose of pension.
(e) Period of leave:
I. The leave will be allowed to the extent certified by AMA subject to a maximum of 24 months.
II. For the same disability leave can be granted more than once, but for a single disability total leave should not exceed 24 months.
(f) Disability leave can be combined with any other kind of leave.
(a) For the first 120 days-Equal to leave salary on EL (i.e. pay last drawn).
(b) For the period after 120 days-Equal to leave salary on HPL.
The employee has option to avail earned leave salary for another 120 days, if he avails both disability leave and half-pay leave concurrently.
Hospital leave is granted to the following employees while under medical treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duties:
(a) Group ‘C’ employee whose duties involve handing of dangerous machinery, explosive materials, poisonous drugs and the like, or performance of hazardous tasks.
(b) Group ‘D’ staff
Leave may be granted for such period as the leave sanctioning authority considers it necessary.
(i) MC from AMA must be produced.
(ii) The leave can be combined with any kind of leave, but the total period so combined should not exceed 28 months.
(iii) This leave will not be debited to any leave account.
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(a) For the first 120 days: Equal to leave salary on EL (i.e. pay last drawn).
(b) For the period after 120 days: Equal to leave salary on HPL.
Maternity leave is admissible to female employees (including apprentice) during-
(b) Miscarriage and abortion (including induced abortion but not for threatened abortion).
Period of Leave
(a) For pregnancy : 180 days (w.e.f. 1.9.2008)
(b) For miscarriage and abortion : 45 day in the entire service (excluding such leave availed before 16.6.94)
(a) In case of maternity leave for pregnancy, employee should have less than two surviving children.
(b) In case of maternity leave for miscarriage and abortion, MC should be produced and there is no restriction on number of children,.
(c) Maternity leave can be combined with any other kind of leave.
(d) Leave of any kind due and admissible (including commuted leave up to 60 days and leave not due) can be availed in continuation of maternity leave up to a maximum of two years.
(e) It will not be debited to any other leave account.
(f) The leave period is counted for pension as well as increment.
CHILD CARE LEAVE
Admissibility and Conditions
(a) Women employee (including civilian female industrial employee in Defence establishments and other Central Govt. establishments) may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of 730 days during their entire service for taking care of up to two eldest surviving children whether for rearing or to look after any of their needs like examination, sickness etc.
(b) Child Care Leave shall not be admissible if the child is eighteen years of age or older. However in the case of disabled children (with minimum disability of 40%) child care leave will be allowed up to the age of 22 years of the child, on submission of documents relating to handicap and a certificate regarding dependency of the child on the employee.
(c) Child Care Leave shall not be debited against the leave account.
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(a) Child Care Leave may be combined with leave of the kind due and admissible (including commuted leave up to 60 days and leave not due) up to a maximum of one years.
(b) The leave cannot be demanded as a matter of right. Employee must obtain prior approval by leave sanctioning authority.
(c) Holiday (s) in between CCL will be counted as CCL.
(d) CCL may not be granted in more than 3 spells in a calendar year irrespective of the number of days or times CCL has been availed earlier.
(e) LTC cannot be availed during Child Care Leave.
CHILD ADOPTION LEAVE
Admissibility and Conditions
(a) If a female employee with less than two surviving children, adopts a child (including child taken as ward, conferred by will same status as natural child), of less than 1 year, she will be entitled to 180 days child adoption leave.
(b) In continuation of child adoption leave she may avail leave of any kind due and admissible, for a period up to one year or till the child is one year old, whichever is earlier. Even leave not due and commuted leave up to 60 days without production of M.C. is admissible.
Admissibility and Conditions
(a) Paternity leave is admissible to male employees (including apprentices, casual employees with temporary status and industrial employees in deptts. Other than Railways) with less than two surviving children during the confinement of his wife i.e. up to 15 days before or up to six month from the date of delivery of the child. If the leave is not availed of within this period it shall be treated as lapsed.
(b) Male Government servant (including as apprentice) with less than 2 surviving children, on valid adoption of a child (including child taken as ward, conferred by will same status as natural child) below the age of one years, shall be entitled to paternity leave within a period of 6 months from the date of adoption.
(c) Period of leave: 15 days.
(d) It can be combined with any other kind of leave.
(e) It may not normally be refused.
(f) It will not be debited to any other leave account.
Study leave is admissible for employee’s pursuing-
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(i) Higher studies or specialized training in a professional or technical subject having a direct and close connection with his sphere of duties;
(ii) Studies connected with public administration.
(iii) Studies capable of widening his mind and improving his ability as civil servant.
(iv) a Ph. D. course by an IES or ISS officer;
(v) a post-graduate course in Medical Sciences by a Medical Officer;
(vi) a post-graduate course by a specialist or technical person.
The leave is not admissible-
(a) for studies not of India if facilities for the same are available in India;
(b) for studies in academic or literary subjects, other than those mentioned above;
(c) for any course in such frequency as to disrupt employee’s contact with his regular work or cause difficulties due to his absence.
The employee must have satisfactorily completed probation and rendered at least 5 year regular continuous service (including probation). Employees who are due to retire on superannuation within 3 year (5 year in case of Central Health Service Officer granted 36 months study leave) from the expected return after study leave are not eligible.
Period of Study Leave
(a) Maximum 12 months at a time;
(b) Maximum 24 months in all during entire career” (36 months For Central Health Service Officers for prosecuting post graduation courses, provided they give a bond to serve for 5 years in Govt. after completing the course); and
Study leave can be combined with other kinds of leave, provided the total leave (except extraordinary leave) shall not exceed 28 months for general and 36 months for Ph.D. courses.
If the course falls short of the study leave, the employee should resume duty immediately after the course. The employee may obtain prior sanction of the leave sanctioning authority to treat the period of shortfall as ordinary leave.
1. The employee shall execute the requisite bond undertaking to serve the Govt. for at least 3 years (5yeare in case of Central Health Service Officers granted 36 months study leave) after the study leave. The bond period shall be extended by the aggregate periods of leave of any Kind availed by the employee during the currency of the bond period.
2. Study leave is not debited to any leave account.
Leave Salary and Other Benefits
(a) For study outside India: Pay last drawn + DA +HRA +Study Allowance.
(b) For study in India: Pay last drawn + DA+ HRA (No study allowance).
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Stipend/scholarship/remuneration for part-time employment shall be adjust against leave salary subject to the condition that the leave salary will not be less than that admissible on HPL.
(a) HRA us payable at the rate of last place of duty for the first 180 days and thereafter the payment will be subject to production of prescribed certificates.
(b) Employee granted study leave will not be entitled for TA or cost of less for study (except in special circumstances).
(i) This is not a recognized form of leave at all.
(ii) A person on CL is considered to be on duty.
(iii) Amount of leave entitled:
(a) 8 days in a calendar year for those having 17 holidays.
(b) 10 days for the operating and maintenance staff and P & T dispensary employee.
(c) Those joining in the middle of the year can be allowed to enjoy the full 8 days or only the proportionate days corresponding to number of months left in the calendar year at the discretion of the competent authority.
(iv) CL, can be combined with vacation and special CL.
(v) CL, cannot be combined with any other kind of leave.
(vi) CL, can be taken while on tour (but no DA for the days of CL will be allowed).
(vii) CL, can be taken for half a day also.
(viii) Sunday/Holiday falling in between CL are not treated as CL.
(ix) Holiday can be prefixed or suffixed to CL
(x) CL normally should not be granted for more than 5 days at a time except under special circumstance.
(xi) LTC can be availed while on CL.
SPECIAL CASUAL LEAVE (SCL)
Purposes for which SCL can be granted
(a) For sports Activates- special casual leave in granted up to a maximum of 30 days in a calendar year for.
(a) Participating/coaching/administration of teams, in national/international sporting events, attending training or coaching camps,
(b) Participating in mountaineering/trekking expeditions, and
(c) Participating in programmed of adventure sport/similar activates conducted by Central Civil Service Cultural and Sports Board (CCSCSB).
For participated in inter-ministerial/ inter departmental sports/tournaments, SCL up to 10 days in a calendar year is allowed.
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(ii)For cultural Activates- special casual leave in granted,
(a) Up to 30 days in a calendar year for those taking part in cultural activities (drama, music, kavi sammelan etc) of all India or inter-State character organized by Central secretariat Sports Control Board or on its behalf.
(b) Up to 15 days for participating in dancing/singing competitions Government of India or Government sponsored bodies.
(i) For Family Planning – Special casual leave is granted,
(a) Up to 5 days to male employee for vasectomy operation and another 5 days for 2nd time vasectomy if the first operation has failed and an MC is produced.
Note: if after the vasectomy operation he is not fit to return to duty, but not hospitalized, commuted leave can be granted.
(b) Up to 3 days to a male employee following the date of, tubectomy, laparoscopy or salpingetomy operation of his wife.
(c) Up to 10 days to a female employee for tubetomy, laparoscopy or salpingectomy after medical termination of pregnancy (MTP) and another 10 days for 2nd time tubectomy/laparoscopy if the first operation has failed and an MC is produced.
Note: if after the tubectomy operation she is not fit to return to duty, but not hospitalized, commuted leave can be given.
(d) A female employee undergoing salpingectomy operation along with MTP shall not be entitled to SCL as she will be granted 45 days maternity leave.
(e) One day to the female employee on the day of vasectomy operation of her husband.
(f) Up to 21 days for re-canalization operation for all.
(g) For the entire period of hospitalization, if hospitalized due to post-operation complications.
(ii) For Re-employed Ex-servicemen: special casual leave is granted based on MC up to 15 days including transit time.
(a) For appearing before Medical Re-survey Boards for assessment of disability pension; or
(b) For attending artificial limb centre in connection with injuries during operation.
(iii) For Employees union and Association Activities - special casual leave is granted:
(a) Up to 20 days in a calendar year to office bearers of Union/Association, delegates to all India conference/circle conferences/members of executive councils, member of circle and divisional executive committees to attend conferences/meeting etc.
(b) Up to 10 days to outstation delegates/members of executive committee, up to 5 days to local delegates/members of executive committee to attend its meeting. This is not available separately if SCL under (a) is being claimed.
(c) Up to 10 days to leaders of staff side of JCM for preparing staff side cases.
(d) One day leave for staff side member of departmental/regional/local councils to attend JCM meetings.
(iv) For Natural Calamities, Bandh etc:Special casual leave for the days (s) of bandh, etc. shall be granted to the employees residing 3 miles away from the office and not able to attend office due to disturbance
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(a) of traffic because of calamities, bandh, etc and to all employees irrespective of distance of residence in case of picketing, disturbance, and curfew.
(b) If an employee has already applied for other type of leave for the day/s covered in (a) above, the leave applied for (including CL) will be given but not special casual leave.
(i) For Meetings/works Connected with Co-operative Societies- Member, delegate members, managing committee members and office bearers are eligible for special CL up to 10 days in a calendar year+ minimum journey time if posted outside the H.Qrs of the society and for the actual period of the meeting if posted at the H.Qrs of the society.
(ii) For participation in Activities of Kendriya Sachivalaya Hindi Parished- SCL is granted up to 20 days in a year including journey time.
(iii) During Elections- special casual leave ins granted for the day of election/bye election for Lok Sabha/State Assembly in the constituency where the employee resides, if his office were outside the constituency and is not closed for the day.
(iv) For Training-
(a) As members of St. Johns Ambulance Brigade to the extent not covered by ordinary casual leave;
(b) As member of P & T unit of Territorial Army;
(c) As members of officially sponsored auxiliary police organization such as Home Guards, National Volunteer Corps, etc
(v) For Differently Abled Employees: subject to exigencies of work, not more than 10 days in a calendar year for participating in the Conferences/Seminars/Training/Workshops related to Disability and Development-related programmed organized by National and State Level agencies to be specified by the Min. of Social Justice and Employment.
Leave in excess of 10 days shall be treated as regular leave of the kind due and admissible.
Besides Special casual Leave of 4 days in a calendar year shall be allowed to the employees with disabilities for specific requirements relating to his disability.
(i) Special CL can be combined with any other type of leave or CL but not with both at the same spell.
(ii) Holidays in between Special CL are not treated as Special CL.
(iii) LTC can be availed during Special CL.
SPECIAL LEAVE CONNECTED WITH INQUIRY OF SEXUAL HARASSMENT
Leave up to a maximum of 90 days shall be granted to an aggrieved female Government employee on the recommendation of the Internal Committee/Local Committee, during the pendency of inquiry of a sexual harassment complaint. The leave so granted shall not be debited to the leave account.
LEAVE PREPARATORY TO RETIREMENT
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An employee, who is due to retire shortly, may either avail the leave to his credit before he retires or receive cash payment in lieu of leave. The former is known as leave preparatory to retirement and the latter as leave encashment.
Leave preparatory to retirement can be availed of by an employee, to the extent of-
(i) Earned leave due, not exceeding 300 days; plus
(ii) Half-pay leave due, on medical certificate.
It shall not include any extraordinary leave. Besides, the leave may extend up to and including the date of retirement at the most, and not beyond that.
LEAVE FOR AD HOC EMPLOYEES
(i) If ad hoc appointment is for a brief period to meet urgent requirement:
(a) Earned leave will be granted at the rate of 2.5 days per month of completed service.
(b) The leave will be granted in full days only.
(c) Leave encashment at termination of service is not allowed.
(ii) If ad hoc appointment made for a brief period initially, continues beyond a period of 3 year without break, or where the appointment is treated as ad hoc for purely technical reason, that benefit of all kinds of leave as admissible to temporary employee under the Leave rules shall be available to ad hoc employees from the date of their initial appointment.
LEAVE FOR EMPLOYEES APPOINTED ON CONTRACT BASIS
(i) El is allowed as in the case of regular employees.
(ii) HPL & Commuted Leave is allowed as admissible.
(iii) EOL is allowed as per scale below:
(a) For tenure up to one year: no EOL.
(b) For tenure more than one year but less than 5 years: As in case of temporary official, limited to 90 days for the whole tenure.
(c) For tenure more than 5 year: As in case of temporary employees.
(d) For indefinite tenure: As in case of permanent employees.
(iv) Encashment of leave at credit on termination of contract is allowed as below:
Period of contract
Maximum EL encashment
2 years or less
More than 2 year up to 5 years
More than 5 years up to 10 years
More than 10 years up to 15 years
More than 15 years up to 20 years
More than 20 years up to 25 years
More than 25 years
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*W.e.f.31.1.2011, encashment of EL, shall be allowed even within first two years provided that total number of days enchased along with EL enchased before retirement does not exceed 300 days.
Note: The total number of days of earned leave for which the encashment is to be allowed on termination of contract together with the number of days of earned leave or full pay leave for which encashment had been allowed in previous appointments if any under the Government should not exceed 300 days.
Leave salary in the salary granted to an employee for the period of leave, as follows:
I) For earned leave, commuted leave, maternity leave, child care leave, child adoption leave, paternity leave-equal to pay last drawn by the employee before he goes on leave;
II) For half-pay leave and leave not due-equal to half-pay lat drawn by the employee before leave; and
III) For extraordinary leave-No leave –No leave salary.
Pay for this purpose means Basic Pay + Deputation allowance + NPA. In case of re-employed pensioners, leave salary shall be based on pay exclusive of pension and pension equivalent of retirement benefits.
The amount of benefit, if any, under ESI Act or the Employees’ Compensation Act, for the period of any leave (such as, Special Disability Leave, Hospital Leave, Maternity Leave) shall be reduced from the leave salary payable for that leave.
In the case of an employee who quits service or dies while in service, if the leave availed of by him is in excess of the credit due to him, leave salary overdrawn shall be recovered.
LEAVE SALARY ADVANCE
Leave encashment is the cash equivalent of leave salary for the period of leave not availed of and is calculated as under-
Leave encashment is the cash equivalent of leave salary for the period of leave not availed of and is calculated as under-
For Earned Leave
No. of days of unveiled earned leave at
(Pay + DA) admissible on the credit on the date of retirement, subject
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Date of retirement from service X to the total of EL and HPL not exceeding 300 days
For Half-Pay Leave
Half-pay leave salary admissible Number of days of half pays leave at credit subject
On the date of retirement plus Dearness X to the total of earned leave and HPL at credit not
Allowance admissible on the date exceeding 300 days
Note: (1) The overall limit for leave encashment (including both EL and HPL) shall not exceed 300 days.
(2) To make up the shortfall in EL, commutation of HPL shall not be permissible.
(3) Leave encashment is allowed to industrial employee’s w.e.f.7.11.2006
Leave encashment at the time of retirement, whether on superannuation or otherwise, is fully exempt from income tax. Leave encashment under different situation is regulated as under:
(i)One superannuation –leave encashment for EL and HPL (maximum 300 days) calculated as above shall be payable.
(ii)On expiry of extension of services in public interest, beyond the date of superannuation- leave encashment allowed for EL and HPL at his credit on the date of retirement + EL and HPL earned during the period of extension –EL and HPL availed during such period, subject to a maximum of 300 days.
(iii)On voluntary/premature retirement or an employee, becoming permanently incapacitated/invalid for service-leave encashment is allowed for EL and HPL to his credit subject to a maximum of 300 days.
(iv)On termination of service by notice/notice pay- leave encashment EL and HPL at credit subject to a maximum of 300 days is allowed.
(v)On resignation or quitting service-leave encashment of EL up to half of such leave to his credit, subject to a maximum of 150 days is allowed.
(vi)On termination of re-employment after retirement-Leave encashment of EL and HPL at his credit up to maximum 300 days (including leave enchased earlier on retirement) is allowed.
Leave encashment in such cases shall be calculated with reference to pay fixed in the scale of post of re-employment before adjustment of pension and pension equivalent of other retirement benefits plus dearness allowance on such pay.
(vii)On absorption in PSUs/Autonomous Bodies-Leave encashment of EL to his credit on the date of permanent absorption (applied through proper channel) up to maximum of 300 days is allowed.
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(viii)On death while in service or after retirement/cessation of service but before actual receipt of leave encashment-Leave encashment of EL and HPL at his credit up to a maximum of 300 days shall be allowed to the members of employee’s family (including in case of a re-employed pensioner who dies while in service) in the following order of preference:
Leave encashment can be withheld, wholly or partly, in respect o fan employee who retires on superannuation while under suspension or while disciplinary/criminal proceedings are pending against him, for possible deduction at the end of the proceedings.
Leave Encashment at the time of availing LTC.
Leave encashment of up to 10 days of earned leave can be availed at the time of LTC, subject to following conditions.
(a) The total leave so enchased during the entire career shall not exceed 60 days in aggregate.
(b) A balance of at least 30 days of EL is still available to his credit, after availing leave and leave encashment.
(c) Earned leave up to 10 days may be enchased at the time of availing both Home Town and all-India LTC.
(d) In case the same LTC is being availed of by the Government servant and his family members separately in a block, leave encashment would be restricted to one occasion only.
(e) The period of leave enchased shall not be deduction from the quantum of leave that can be enchased at the time retirement/death, etc.
(f) If LTC is not availed (after encashment ) within prescribed time limit, the entire amount enchased along with interest @ 2% above the interest for GPF shall be refunded and the leave will be credited back.
(g) Leave encashment can be availed by re-employed pensioners entitled for LTC also subject to 60 days limit for the service period and re-employment period put together.
Amount of leave encashment shall be as under:
Pay + DA on the date of No of days of EL encased
Availing LTC X (maximum 10 at a time)
Note: HRA is not to be considered for calculating leave encashment.
Central Govt. employees who are-
(a) Entitled to LTC but opt for the facility of LTV provided to their spouses employed in PSU/Autonomous Bodies, etc, or
(b) Not entitled to LTC on account of their spouses being employed in India Railways/National Airlines and entitled to privilege passes/concessional tickets,
Can also avail leave encashment as above, at the time of availing LTC facility/privilege passes/concessional tickets of their spouses.