Tuesday, September 18, 2012

Leaves to Government Servants

LEAVES TO GOVERNMENT SERVANTS

          The Central Civil Services (Leave) Rules, 1972 came into force with effect from 1st June, 1972. These are statutory rules governing grant of leave applicable to all Government servants, except those who are governed by a separate set of rules, e.g. Railway employees, members of All India Services etc. The details of the exceptions are available at Rule (2) of these rules.

KINDS OF LEAVE

Earned Leave
Half-Pay Leave
Commuted Leave
Leave Not Due
Extra Ordinary Leave
Maternity Leave
Child Adoption Leave
Paternity Leave
Child Care Leave
Study Leave
Special Disability Leave
Seamen's Sick Leave
Hospital Leave
Departmental Leave

Kinds of Leave at Sl, No(s) 6-13 are known as "Special Kinds of Leave".

          Casual Leave/Restricted Holidays/Compensatory Off/ Special Casual Leave is governed by executive instructions issued by the Government from time to time. Main features of these absences are discussed below:-
  • The entitlement in a particular year in respect of Casual Leave is eight (8) at present for a normal person and 12 in respect of a differently-abled person. It is the only form of absence that can be availed of for a half-day.
  • A maximum of two Restricted Holidays (RH) can be availed of by any Government Servant in a particular calendar year from the list of RH circulated by the Government with prior approval of the competent authority.
  • Compensatory off can be availed of by a Government servant in lieu of his/her working in a holiday, provided no other financial incentives are granted (OTA/Honorarium)for that day. Normally, it should be availed of within a month and in the case there is no limit to the number of Compensatory Off. In case it could not be taken within a month, a Government servant in the subsequent calendar month could avail of a maximum of two compensatory off, with special permission from the Joint Secretary in-charge of Administration/Head of Department.
  • Special Casual Leave is granted for participation of a Government servant in some National sports/cultural events, Family Planning Natural Calamities, Bandh etc.
CONDITIONS
  1. Leave cannot be claimed aa a matter of right.
  2. Leave may be refused, curtailed or revoked, in the public interest,
  3. Kind of leave due and applied for cannot be altered by the organization, except at the written request of the Goernment Servant.
  4. Any claim to leave at credit ceases from the date of dismissal or removal or resignation from Government service. However, technical resignation from Government service. However, technial resignation to take up appointment against any outside post under the Government of India with prior permission does not entail any such lapse.
  5. The past service of a re-employed pensioner, retired on compensation pension or invalid pension/gratuity would also be counted towards leave, if such past service were counted for pension purposes.
  6. Leave may be commuted retrospectively into leave of a different kind, which was due and admissible at the time the leave was sanctioned. There are some prescribed conditions for availing of such conversions. However, such commutation cannot be claimed as a matter of right. The commutation would entail adjustment of leave salary on the basis of leave finally granted to Government servant.
  7. Any leave may be combined with any other kind of leave. Special Casual Leave and RH may also be combined with regular leave or casual leave but not with both. Csual leave cannot be combined with regular leave under normal circumstances. However, in a special case 1/2 days CL applied for the second half may be allowed to be prefixed to regular leave, if he/she does not have any further CL at his credit and he/she is unable to resume duty on the next working day due to sickness or other compelling grounds and has to avail of regular leave.
  8. A Government servant cannot be granted leave of any kind for a continuous period exceeding five years except with the approval of the President in special cases.
  9. Leave shall not be granted to a Government Servant whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from Government service. Also leave shall not be granted to a Government Servant who has been placed under suspension.
I - EARNED LEAVE TO CENTRAL GOVERNMENT SERVANT (EMPLOYEES)

Entitlement

     15 days advance credit on 1st January and 1st July, each year. Fraction should be rounded off.

Deduction:

     Credit of earned leave is subject to deducation at the rate of 1/10th of the period of EOL/period of absence treated as "dies non" in the subsequent half-year, subject to the maximum of 15 days.

Credit of EL during relevant half year on:

     (a)  Appointment    -  2 1/2 days per completed calendar month (PCCM)
     (b)  Retirement       -  2 1/2 days PCCM upto the date of retirement
     (c)  Resignation      -  2 1/2 days PCCM upto the date of resignation
     (d)  Dismissal/        -  2 1/2 days PCCM upto the end of previous calendar month
          Removal/Death

Maximum Accumulation of El:     -  300 day + 15 days

Maximum Carry-Forward to next Half-year:     -  300 days

Sanction at any one time:     -  180 days

     However, for Group 'A' and 'B' Officers Earned leave up to 300 days may be sanctioned at any one time if at least the period over 180 days is spent outside India, Bangladesh, Pakistan, Sri Lanka, Nepal, Bhutan and Burma.

Leave Salary :     Pay drawn immediately before proceeding on EL.

II - HALF PAY LEAVE TO CENTRAL GOVERNMENT SERVANT (EMPLOYEES)

Entitlement:

     10 days advance credit on 1st January and 1st July each year. The credit of HPL should be calculated at the rate of 5/3 days per completed calendar month. Exclusively for this purpose, the broken months with more than 15 days is to be treated as a completed calendar month and the broken month with 15 days or less is to be ignored. Fraction to be rounded off.

Deduction:

     The credit of HPL is subject to deducation at the rate of 1/18th of the period of absence/suspension treated as 'dies-non' during the half year limited to 10 days.

Credit of HPL during half yearon:

     (a)  Appointment    -  5/3 days per completed calendar month (PCCM)
     (b)  Retirement       -  5/3 days PCCM upto the date of retirement
     (c)  Resignation      -  5/3 days PCCM upto the date of resignation
     (d)  Dismissal/        -  5/3 days PCCM upto the end of previous calendar month
          Removal/Death
Leave Salary:     Half of pay drawn immediately before proceeding on HPL and appropriate DA thereon but HRA at full rates.

III - COMMUTED LEAVE TO CENTRAL GOVERNMENT SERVANT (EMPLOYEES)

Entitlement:     Not exceeding half the amount of HPL due.

Account:     Twice the amount of commuted leave taken should be debited against the balance of
                    HPL at credit.

Conditions:
  • It is granted normally on production of Medical Certificate.
  • Commuted leave may be granted without production of Medical Certificate up to a maximum of 90 (i.e. 180 HPL) days during the entire service for prosecuting an approved course of study certified to be in the public interest and 60 days to a female Government servant in continuation of maternity leave for child birth and after adoption of a child.
  • There should be reasonable prospect of the Government servant returning to duty on its expiry.
  • There is no bar to grant commuted leave at the request of the Government servant even when EL is due.
LEAVE SALARY:     Pay drawn immediately before proceeding on EL.

ACTION ON NON-RETURN TO DUTY ON EXPIRY:

     If the Government Servant resigns or is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the excess of leave salary drawn shall be recovered. No recovery shall be effected in case of incapacitation or death.

IV - LEAVE NOT DUE TO CENTRAL GOVERNMENET SERVANT (EMPLOYEE)

     Following Government employees are eligible:-

     (a)      Permanent Government Servant
     (b)     Temporary Government servants with minimum one year service and suffering from TB,
               Leprosy, Cancer or Mental illness

CONDITION:     can be granted strictly on production of a Medical Certificate. However, no medical certificate is required in continuation of Maternity Leave for child birth/adoption.

MAXIMUM PERIOD:     360 days during entire service career.

ACTION ON RESIGNATION/RETIREMENT ON EXPIRY OF LEAVE NOT DUE

 Without returning to duty:
  • Resignation or permission to retire voluntarily shall be effective from the date of commencement of LND.
  • LND shall be cancelled
  • Leave salary paid shall be recovered
Returns to duty but resigns/retires subsequently:
  • In case he could not earn the required leave to cover the period of LND, balance of the leave salary to be refuned.
NO RECOVERY OF LEAVE SALARY SHALL BE MADE IN CASE OF LND, WHEN:
  • If retirement is on account of ill-health incapacitating further service
  • In the event of death
  • If compulsorily retired prematurely by Government under Rule 48(1)(b) of CCS (Pension) Rules or retired under FR 56(j).
V - EXTRA ORDINARY LEAVE TO GOVERNMENT SERVANT (EMPLOYEES)

     In a special circumstances when no other leave is admissible or other leave is admissible but the Government servant applies in writing for the grant of Extra Ordinary Leave.

ENTITLEMENT:
  • Permanent Government servants - Maximum period of continuous absense is 5 years.
  • Temporary Government servants - 3 months on one occasion.
  • Temporary Government servants with one year's continuous service - 6 months, on production of a Medical Certificate. Provided, all other leave is consumed, including three months of EOL.
  • Temporary Government servants with one year's continuous service - 18 months, on production of a Medical Certificate and undergoing treatment in a recognised sanatorium for pulmonary TB, pleurisy of tubercular origin, leprosy, cancer and mental illness.
  • Government servant with three years continuous service can be granted 24 months EOL for prosecuting studies certified to be in public interest and has already consumed three month EOL for such purpose.
OTHER CONDITIONS:
  • Head of Department may relax the limits mentioned above for Government servants belonging to SC/ST for the purpose of attending pre-examination training course at the centres notified by the Government from time to time.
  • However, two spells of EOL intervened by any other kind of leave shall be treated as one continuous spell of EOL for the purpose of these limits.
LEAVE SALARY:     NIL

VI - MATERNITY LEAVE TO GOERNMENT SERVANT (EMPLOYEES)

ENTITLEMENT:     A female government servant.

PERIOD OF LEAVE:

     180 Days for child birth/adoption (up to one year of age) having less than 2 surviving children. In addition, 45 days for abortion/miscarriage on production of Medical Certificate, after the even has occurred, once in an entire service career.

LEAVE IN CONTINUATION OF MATERNITY LEAVE

     Leave of the kind due and admissible may be granted in continuation of maternity leave for child birth for a maximum period of two years (730 days) including 60 days commuted leave and Leave Not Due without production of Medical Certificate. No such facility is admissible in case of maternity leave for abortion or miscarriage.

LEAVE SALARY:     Pay drawn immediately before proceeding on maternity leave.

VII - CHILD ADOPTION LEAVE TO GOVERNMENT SERVANT (EMPLOYEES)

     Granted to a female employees, with less than two surviving children, on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption. In continuation of Child Adoption Leave, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of Medical Certificate) for a period up to one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of Child Adoption Leave, can be combined.

VIII - CHILD ADOPTION LEAVE TO GOVERNMENT SERVANT (EMPLOYEES)
     The leave granted to a female employee, with less than two surviving children, on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption. In continuation of Child Adoption Leave, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of Medical Certificate) for a period up to one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of child Adoption Leave, can be combined.

IX - CHILD CARE LEAVE TO GOVERNMENT SERVANT (EMPLOYEES)
  •      On recommendations of the Sixth Central Pay Commission the Government of India has decided to grant Child Care Leave (CCL) 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.
  •      However, CCL cannot be demanded as a matter of right. Under no circumstances can any employee proceed on CCL without prior proper approval of the leave by the leave sanctioning authority.
  •      The leave is to be treated like the Earned Leave and sanctioned as such. Consequently, Saturdays, Sundays, Gazetted holidays etc. falling during the period of leave would also count for CCL, as in the case of Earned Leave.
X - PATERNITY LEAVE TO THE GOVERNMENT SERVANT (EMPLOYEES)
     Male Government servants are eligible for Paternity Leave.

CONDITIONS:

     During the confinement of wife, i.e. up to 15 days before or up to 6 months from the date of delivery of the child, with less than two surviving chilren and can be combined with any other kind of leave (as in the case of Maternity Leave). If not availed, it will be treated as lapsed. Normally, this leave is not to be refused.

     The period of Paternity Leave is 15 days.

LEAVE SALARY:     Pay drawn immediately before proceeding on Paternity Leave.

XI - STUDY LEAVE TO THE GOVERNMENT SERVANT (EMPLOYEES)

     Permanent Government Servant who:

         (a)     has been declared to have completed probation
         (b)     has put in regular and continuous service for 5 years
         (c)     has executed a bond in the Prescribed form to serve the Government for a period of
                  three years on expiry of the study leave and
         (d)     would not reach the age of superannuation within 3 years of the expiry of the study
                   leave.

     How to apply:

          On plain paper through proper channel giving full details of the Course of study/examination to be passed along with the Bond in the prescribed form.

     Quantum:

          Ordinarily 12 months at a time. However, a maximum of 24 months during the entire service may be granted. The total period of study leaves including vacation if any and any leave except extra ordinary leave taken in combination should not exceed 28 months. For study leading to the award of Ph.D. Degree, the total period of leave including study leave should not exceed 36 months. In respect of Jawaharlal Nehru Fellowship awardees the entire period of fellowship may be granted as study leave.

     What is study:

          Study for this purpose may be in India or outside India and should conform to one of the following:-
  • A Special course of study consisting of higher studies or specialized training in a professional or a technical subject having a direct and close connection with the sphere of duty.
  • A course of training or study tour in which attending a regular academic or semi-academic course may not be necessary, but is certified to be of definite advantage to Government from the point of views of public interest and is related to the sphere of duties.
  • Studies connected with the framework or background of public administration if approved by the competent authority to grant leave and subject to the condition that the Government servant will submit a full report on the work done while on study leave on his return.
  • Studies not closely or directly connected with the work of a Government servant but which are capable of widening his mind (in a manner likely) to improve his abilities as civil servant and to equip him better to collaberate with other employed in other branches of public service.
     On what conditions:
  • To be certified by the competent authority that the study shall be of definite advantage from the point of view of public interest.
  • For study leave outside India:-  (1) the facilities for study/research should not be available in India. (2) Government Servant shall submit completion/pass certificate in respect of the course of study/examination.
  • Study leave should not be granted with such frequency as to remove the Government servant from contact with his regular work or to cause cadre difficulties owing to his absence on leave.
  • Study leave shall not be granted unless it is for prosecution of studies in subjects other than academic or literary subjects other than academic or literary subject; except in the following cases.
  • To an IES/ISS officer for doing Ph.D. If chief Economic Advisor/Director, Central Statistical Organization approves the subject of research and the institution at which the research is to be undertaken and certifies that the study will be valuable in the matter of increasing the efficiency of the officer.
  • To a Medical officer for prosecuting a course of postgraduate study in Medical Science if the DGHS certifies that the study will be valuable in the matter of increasing the efficiency of the officer.
  • To a specialist or a technical person for prosecuting postgraduate course of study directly related to sphere of duty in case the Head of the Department or the Secretary of the Ministry/Department certifies that the course of study shall:-
                    * enable him to keep abreast with modern developments in the field of his duty
                    * improve his technical standards and competence; and
                    * thus substantially benefit the Department

TA AND COST OF FEES:     Ordinarily Government servant will bear TA and cost of fees. But in exceptional cases, the President of India may sanction payment of such allowance or fees.

BOND OBLIGATION IS VIOLATED OR THE CONDITION ENUNCIATED IN THE BOND NOT MET:

          If the Government servant:

               *   fails to complete the course of study; or
               *   resigns/takes voluntary retirement without return to duty; or
               *   returns to duty but resigns/takes voluntary retirement before serving for 3 years on
                    expiry of study leave.

CONSEQUENCES OF SUCH VIOLATION:
  • Study leave is converted into leave due and admissible and extraordinary leave . Excess payment of leave salary is recovered.
  • Before the resignation is accepted or the Government servant is permitted to retire voluntarily the actual amount together with interest comprising:-
                  *  Leave salary, study allowance, cost of fees, travelling and other expenses, if any,
                       incurred by the Government of India and

                  *  The cost incurred by other agencies such as foreign governments foundations and
                      Trusts in connection with the course of study shall be recovered.

          However, no such recovery will be made if the Government servant is permitted to retire on medical grounds or to resign for his permanent absorption in the public interest in an autonomous or statutory body or institution to which he was deputed to serve by Government on return from study leave.

LEAVE SALARY:

     Study leave in India:

          Pay drawn on duty immediately before proceeding on leave and DA and HRA thereon. This amount shall be reduced by the amount, if any received by the Government servant as stipend, scholarship or remuneration for any part-time employment. However, the net leave salary shall not be less than the leave salary admissible on HPL.

     Study leave outside India:

          Pay drawn on duty immediately before proceeding on leave, DA and HRA thereon and study allowance at prescribed rates. Any amount of stipend, scholarship or remuneration for part-time employment if received by Government servant after deducting the cost of fees, if any paid by him, shall be adjusted against the study allowance. If the net amount of stipend etc. is less, the balance shall be paid as study allowance and if it is more no study allowance shall be paid as study allowance.

SANCTIONING AUTHORITY:

          * Ministry/Department
          * Administrator
          * C & AG

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