DOPT ORDER 2013 : General entitlement of leave FAQ
No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
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Establishment
(Leave) Section
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General
entitlement of leave
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S.No
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Frequently
Asked Questions
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answer
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1
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What is the maximum period
of leave of any kind which can
be allowed to a Government
servant?
What is the impact if such
limit is exceeded?
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No. Government servant shall be
granted
leave of any kind for a continuous
period of
5 years {Rule 12(1))
Normally, absence from duty, with
or
without leave, for a continuous
period
exceeding 5 years other than on
foreign
service, implies that such
Government
servant has deemed to have resigned
from
Government service. {Rule 12(2))
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2.
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What are the leave
entitlements of Govt. servants
serving in a vacation
Department?
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The rule 28 of the CCS (Leave)
Rules, 1972
which came into effect from
1.9.2008
regulates the grant of Earned Leave
for
persons serving in the Vacation
Department. The said rule provides
for as
follows:-
(1) (a) A Government servant(other
than a
military officer) serving in a
Vacation
Department shall not be entitled to
any
earned leave in respect of duty
performed in
any year in which he avails himself
of the
full vacation.
(b) In respect of any year in which
a
Government servant avails himself
of a
portion of the vacation, he shall
be entitled
to earned leave in such proportion
of 30
days, as the number of days of
vacation not
taken bears to the full vacation:
Provided that no such leave shall
be
admissible to a Government servant
not in
permanent employ or quasi-permanent
employ in respect of the first year
of his
service.
(c) If, in any year, the Government
servant
does not avail himself of any
vacation,
earned leave shall be admissible to
him in
respect of that year under rule 26.
• For the purpose of this rule, the
term
`year’ shall be construed not as
meaning a calendar year in which
duty is performed but as meaning
twelve months of actual duty in a
Vacation Department.
• A Government servant entitled to
vacation shall be considered to
have
availed himself of a vacation or a
portion of a vacation unless he has
been required by general or special
order of a higher authority to
forgo
such vacation or portion of a
vacation:
Provided that if he has been
prevented by such order from
enjoying more than fifteen days of
the vacation, he shall be
considered
to have availed himself of no
portion of the vacation.
• When a Government servant serving
in a Vacation Department proceeds
on leave before completing a full
year of duty, the earned leave
admissible to him shall be
calculated
not with reference to the vacations
which fall during the period of
actual
duty rendered before proceeding on
leave but with reference to the
vacation that falls during the year
commencing from the date on which
he completed the previous year of
duty.
• As per Rule 29(1) the half pay
leave
account of every Government
servant (other than a military
officer
shall be credited with half pay
leave
in advance, in two instalments of
ten
days each on the first day of
January
and July of every calendar year.
This
is subject to conditions laid down
in
OM No. 13013/2/2008-Estt.(L)
dated 11-11-2008.
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