General entitlement of leave FAQ

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

Establishment (Leave) Section
General entitlement of leave
S.No	Frequently Asked Questions	answer
1	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?	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))
2.	What are the leave entitlements of Govt. servants serving in a vacation Department?	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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Consolidated instructions relating to action warranted against Government servants remaining away from duty without – authorisation/grant of leave — Rule position

No. 13026/3/2012-Estt (Leave)

Government of India

Ministry of Personnel, P.G. & Pensions

(Department of Personnel & Training)

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:-    Consolidated instructions relating to action warranted against Government servants remaining away from duty without – authorisation/grant of leave — Rule position

The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularisation of unauthorised absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated that such absence is unauthorised and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorised absence.

2. In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorised absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorised absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a)    Proviso to FR 17(1)

The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b)    FR 17-A

The said provision inter alia provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

(c)    Rule 25 of the CCS (Leave) Rules, 1972

The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible, and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:

i the Government servant shall not be entitled to any leave salary for such absence;

ii the 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

iii wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/ within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d)    Rule 32(6) of the CCS (Leave) Rules, 1972

This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary leave shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b) (ii).

3.    All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.

source-DOPT

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Commuted Leave to a Govermnent Servant who has opted out of CGHS facilities and is availing the medical facility provided by the employer of his / her spouse

No.13015/1/2011-Estt. ( Leave)

Government of India

Ministry of Personnel. P.O. and Pensions

(Department of Personnel & Training)

New Delhi. the 19th October, 2011

Office Memorandum

Sub: Commuted Leave to a Govermnent Servant who has opted out of CGHS facilities and is availing the medical facility provided by the employer of his / her spouse – clarification.

This Department has been receiving references from various Ministries Departments seeking clarification regarding admissibility of Commuted Leave on the basis of medical certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse. The matter has been considered in the light of clarification given by the Ministries of Health and Family Welfare.

It is clarified that leave on medical grounds may be allowed on the basis of certificates issued by Hospitals / Medical Practitioners approved by the employer of the spouse in such cases.

Hindi version will follow.

sd/-
(Zoya C.B.)
Under Secretary to Government of India

Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/12012_2_2009-Estt-L-20102011.pdf]

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Tamil Nadu Leave Rules – Maternity Leave – Enhancement of Maternity Leave to 180 days – Amendment – Orders

ABSTRACT

Tamil Nadu Leave Rules – Maternity Leave – Enhancement of Maternity Leave to 180 days – Amendment – Orders – Issued.

PERSONNEL AND ADMINISTRATIVE REFORMS (FR.III) DEPARTMENT

G.O.(Ms) No.61                                                                                  Dated: 16.06.2011

Read:
G.O.(Ms) No.51, Personnel and Administrative Reforms (FR.III) Department, dated 16.05.2011.

ORDER:-

   In the Government Order read above orders were issued enhancing the Maternity Leave from 90 days to 180 days to married woman Government Servants which may be spread over from the pre-confinement rest to post- confinement recuperation at the option of the woman Government Servant. The Maternity Leave will be admissible to married woman Government Servants with less than two surviving children.

   2. Representation have since been received from various Associations in the State, regarding the eligibility (i.e) whether orders issued in G.O.Ms.No.51, Personnel and Administrative Reforms (FR.III) Department,dated:16.05.2011 is applicable to women Government Servants who were on Maternity Leave, prior to the issue of above order.

   3. The Government after careful consideration have decided to amend G.O.Ms.No.51, Personnel and Administrative Reforms (FR.III) Department, dated:16.05.2011 as follows:-

     The women Government Servants who were on Maternity Leave, prior to the issue of the above said order and continuing that leave on or after 16.05.2011 are also eligible for extending their Maternity Leave for six months.”

   4. Necessary amendments to Fundamental Rules will be issued separately.

(BY ORDER OF THE GOVERNOR)

V. IRAI ANBU 

SECRETARY TO GOVERNMENT

http://www.tn.gov.in/gosdb/gorders/par/par_e_61_2011.pdf

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Encashment of Leave to be granted to Government Servants on their appointment in Central Public Enterprises

NO. 14028/3/2011 -Estt(L)

Government of India

Ministry of Personnel, P.G. and Pensions

(Department of Personnel & Training)

* * * *

New Delhi, the 24" May, 2011 .

Office Memorandum

Subject : Encashment of Leave to be granted to Government Servants on their appointment in Central Public Enterprises

...

The undersigned is directed to state that this Department has been receiving references from various Ministries/ Departments seeking clarification regarding the entitlement to leave encashment on appointment of Government Servants in Central Public Enterprises.

2. As per DoPT OM No. 2801615/85-Estt.(C) dated 3 1/1/1986, appointment o f an officer in a Central Public Enterprise after acceptance of his technical resignation from Government is treated as immediate absorption. As per the terms and conditions contained in this OM, a Central Government Servant taking appointment in the Central Public Enterprises on Immediate Absorption basis was entitled to encashment of Earned Leave to his credit at the time of acceptance of his resignation from Government Service, subject to a limit of 180 days. Half Pay Leave stood forfeited. (The limit of Earned Leave which could be thus encashed was later raised to 300 days).

3. It i s clarified that a s per rule 39-D of the CCS (Leave) Rules, 1972, the calculation of leave encashment in case of permanent absorption in Public Sector Undertaking/Autonomous Body wholly or substantially owned or controlled by the Central/State Government will be as per ml c 39(2)(b) which has been amended vide Notification GSR 170 dated 1/12/2009 to read as under:-

The cash equivalent of leave salary under Clause (a) shall be calculated as follows and shall be payable in one lumpsum as a one-time settlement -

Cash equivalent for earned leave	=	Pay admissible on the date of retirement plus Dearness Allowance admissible on that date/ 3 0	*	Number of days of unutilized earned leave at credit subiect to the total of earned leave and Half Pay Leave at credit not exceeding 300 days.
cash payment in lieu of Half Pay Leave component	=	Half Pay Leave salary admissible on the date of retirement plus Dearness Allowance admissible on that date/30	*	Number of days of Half Pay Leave at credit subject to the total of Earned Leave and Half Pay Leave at credit not exceeding 300 days

No commutation of Half Pay Leave shall be permissible to make up the shortfall in Earned Leave.

4. All Ministries/Departments may note for further action accordingly.

5. Hindi version will follow.

(Zoya C.B.)

Under Secretary to the Government o f India

source:DOPT

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AMENDMENT OF CCS LEAVE RULES-NOTIFICATION

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART II, SECTION-3, SUB-SECTION (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

NOTIFICATION
New Delhi, the, 1st December, 2009.

GSR… In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave)
Rules, 1972, namely: –
1. (1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2009.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), for rule 6 the following rule shall be substituted, namely, –

“6. Transfer to industrial establishment.– If a Government servant governed by these rules is appointed in an industrial establishment wherein his leave terms are governed by the Factories Act, 1948 (63 of 1948), the authority competent to grant leave shall, suo motu, issue an order granting cash equivalent of leave salary in respect of earned leave and half pay leave at
his credit subject to a maximum of 300 days and the cash so granted shall be a sum equal to the leave salary as admissible for earned leave and leave salary as admissible for half pay leave plus dearness allowance admissible on that leave salary at the rate in force on the date the Government servant ceases to be governed by the provisions of the said rules:
Provided that in the event of his return to a post or service to which the Central Civil Services (Leave) Rules, 1972 apply, the benefit of cash equivalent of leave salary payable under rule 39 shall be modified as under –
(a) On superannuation .- encashment of leave shall be subject to the condition that the number of days of both earned leave and half pay leave for which encashment has already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on superannuation does not exceed 300 days;
(b) On premature retirement.- cash equivalent of unutilised earned leave and half pay leave should be subject to the condition that the number of days of earned leave and half pay leave for which encashment had already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on premature retirement shall not exceed 300 days.”.
To view all details of this notification CLICK HERE

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