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UNAUTHORISED ABSENCE FROM DUTY – CONSOLIDATED INSTRUCTIONS RELATING TO ACTION WARRANTED AGAINST GOVERNMENT SERVANTS REMAINING AWAY FROM DUTY WITHOUT – AUTHORISATION / GRANT OF LEAVE


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.
4. Hindi version will follow.
Sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of Indi

STAGE SET FOR A JOINT ACTION BY ALL C.G.EMPLOYEES DEMANDING 7th CPC



MOVEMENT LAUNCHED BY THE CONFEDERATION CULMINATING IN A STRIKE ON  12.12.12 PAVES WAY FOR A UNITED PLATFORM OF ALL C.G.EMPOLOYEES UNDER THE JOINT BANNER OF ALL INDIA RAILWAYMEN FEDERATION - ALL INDIA DEFENCE EMPLOYEES FEDERATION - & CONFEDERATION OF C.G.EMPLOYEES.

NATIONWIDE DEMONSTRATIONS BY THE ENTIRETY OF C.G.EMPLOYEES ON 29th APRIL DEMANDING CONSTITUTION OF 7th PAY COMMISSION IS CALLED UPON BY THE ABOVE ORGANISATIONS.
Conf/26/2013 Dated: 24.3.2013

Dear Comrade,

                We invite your attention to the  efforts undertaken by us after the 12th December, one day strike action to bring about a united action by the Railway, Defence and other Central Government employees on certain pressing demands.  In this connection you will recall that Com. S.K. Vyas, our President had been writing and following it up with telephonic conversations to bring about such a platform for action. We are happy to inform you that the AIRF and AIDEF has now agreed to bring about a joint platform of action to project two important demands of the CGEs. Viz. the setting up of the 7th CPC and the withdrawal of the PFRDA Bill. 

                We send herewith the joint Circular letter issued by the three organizations on 23.3.2013 calling upon its units to organize a joint demonstration on 29th April, 2013 in front of all offices throughout the country.  The affiliates and State Committees are requested to take initiative in organizing the programme with maximum participation of members of the three organizations at a mutually agreed Central place in all Cities/towns and other places.  All Units should be requested to send the telegram to the Prime Minister and a report of the extent of participation sent to the Confederation CHQ by 3rd May, 2013.  We shall review the participation in the programme at our National Conference at Kolkata. 

                With greetings,
Yours fraternally, 
K.K.N. Kutty
Secretary General.


COPY OF JOINT LETTER
  
ALL INDIA RAILWAYMEN FEDERATION
4, State Entry Road,New Delhi-110055.CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES AND WORKERS.
Manishinath Bhawan. A2/95 Rajouri Gardn,
New Delhi. 110 027
ALL INDIA DEFENCE EMPLOYEES FEDERATION
S.M. Joshi Bhawan, Dr. B.R.Ambedkar Road, Kirkee, PUNE. 3

23rd March.2013
Dear Comrades,

As  you are aware, the Government in reply to a question raised in the Parliament has stated that setting up of the 7thCentral Pay Commission  for effecting wage revision of central Government employees is not presently under its consideration.  You will recall, that  a similar statement was made by the then Finance Minister, when the demand for setting up the 6th CPC was raised by the employees.  The Joint movement of the Central Government employees, for which we created the platform of the Steering Committee of the organizations participating in the JCM under the leadership of Late Com. J.P. Chaubey, the then General Secretary of All India Railway men Federation could ensure that the Government rescind its stand then and set up the 6th CPC.  The real value of wages determined by the 6th CPC has now been eroded to the extent of above 100% due to the unprecedented inflation in the economy and spiraling rise in the prices of essential commodities.  While the Government permits wage negotiation and revision in the fully owned Public Sector Undertakings every five years, the denial to revise the wages of Central Government employees despite such large scale erosion in the real value of wages is absolutely unjustified.

The Government had been persisting with the enactment of the PRFDA Bill in the Parliament in almost all sessions ever since the UPA II Government took over.  Ironically they could elicit support from the main Opposition Party in the country for this ill advised enactment.  Lakhs of new workers who have joined in various organizations of the Government since2004 are worried of their future, which is forlorn and bleak, in the wake of the denial of an age old social security scheme of Pension.  We have been together opposing this move right from the day, the NDA Government introduced the bill in the Parliament in 2003.  However, our efforts, actions and objections have all been ignored with disdain by the Government. Though they could not muster enough support required to pass the bill in the Parliament, the Union Cabinet has recently taken the decision to allow 49% FDI in the pension fund.

We are to channelize our efforts through a wider platform of Unity. Efforts are on anvil to bring about such a platform.  In the meantime, we have decided to call upon all Units and Branches of AiRF, Confederation and AIDEF to organize Demonstration on 29th April, 2013. in front of all offices and send the following telegram to the Prime Minister.


WITHDRAW PFRDA BILL AND SET UP THE 7TH CPC
TO EFFECT WAGE REVISION OF CENTRAL
GOVERNMENT EMPLOYEES.


 Name…………………………..Secretary
Name of the Unit:……………………Place:…………………..

With greetings,
                                                                                    Yours fraternally,

                                                                                                                                                                         Sd/-                                                     Sd/-                                                              sd/-                                     
SHIVGOPAL MISRA                           KKN. KUTTY.                                        C.   SRiKUMAR.
General Secretary, AIRF              Secretary General. Confederation.      General Secretary.AIDEF.

India Post to seek licence for all-women’s bank


NEW DELHI: The postal department, which is keen on setting up a branch, is making a pitch to the finance ministry to establish the proposed women's bank announced in the budget. 

The bank, probably the first of its kind in the world, will lend mainly to women and women-run businesses, and will predominantly employ women. Sources said that the suggestion is being made at the ministerial level although the finance ministry has tasked a committee to prepare a blueprint of sorts. 

While Department of Posts Secretary Padmini Gopinath underlined her department's credentials saying that country's first all-women's post office had just been launched and a second one in Delhi University is almost ready, she did not specifically comment on offering to set up the proposed bank.
Gopinath, however, told TOI that the department of posts was keen on getting the Union Cabinet to endorse the plan and would prefer to seek a licence to set up a bank after receiving legislative backing to the proposal. "We would like to have legal backing, like the other public sector banks," she said at the National Editors' Conference here on Saturday. Public sector banks are backed by the bank nationalization laws of 1970 and 1980, while State Bank of India ( SBI) and its associate banks have been set up under separate legislations. 

Just last month, RBI issued final guidelines for issuing licences to "new banks in the private sector". While Gopinath said that the department was exploring the option of approaching RBI for a licence, meeting the deadline July 1 deadline may be difficult as Ernst & Young, the consultant for the banking project, is expected to submit its report around June. 

Apart from suggesting a structure, the consultant is also doing a survey to ascertain the post offices that may double up as "agents" for the bank to collect and deposit funds, especially in rural areas. "We have to decide if we want to be in cities and use post offices as agents or whether we should have branches in smaller places," she adding. 

As reported by TOI on March 14, the department of posts will set up a separate entity for its banking foray to tap into its network spanning around 1.55 lakh post offices. Asked about concerns that the proposed bank may pose a threat to some of the largest players as well, Gopinath said, "Threat is not an issue. The question is whether you have the reach or not. We are present in villages across India and we can help banking reach to the farthest corners of the country."


Source : The Times of India, 24 March, 2013.

Frequently Asked Question on Children Education Allowance, Joining Time Rules, Honorarium & Special Allowance for child care for women with disability


Frequently Asked Question (FAQ) on Children Education Allowance Scheme, Joining Time Rules, Grant of Honorarium, Special Allowance for child care for women with disability issued by Department of Personnel & Training published on DoPT website on 25-03-2013.


No. 21011/08/2013-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
****
Establishment (Allowances) Section
Children Education Allowance Scheme (CEA)

Sl.No
Frequently asked Questions
Answer
1
Whether Reimbursement of Children Education Allowance (CEA) for 3rd child is permissible if CEA has not been claimed for 1st and or 2nd child? As per OM date 2.9.2008 CEA is admissible for two school going children does it mean any two school going children?
No. Reimbursement of CEA is not permissible for third child even if reimbursement has not been claimed in respect of first and/or second child. However, as per OM No.12011/03/2008- Estt.(AL) dated 11.11.2008, the Children Education Allowance would be admissible for more than two children where as a result of the second child birth results in birth of twins or multiple children. Further, reimbursement of CEA for the 3rd child is also admissible in case of failure of sterilization operation. Such reimbursement is admissible only for the first child birth after failure ofsterilization operation. This point was further clarified vide O.M. No.12011/16/2009-Allowance) dated 13.11.2009

2
What types of fee are reimbursable? Whether Annual Charges and Transportation fees are reimbursable? Whether reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationery is admissible?
As per OM No.12011/03/2008-Estt.(AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under the programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student.
No reimbursement is permissible for Annual Charges and Transportation fees. Besides, reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms. Reimbursement of school bags, pens/pencils, water bottle, stationery etc., may not be allowed. O.M. No.12011/08/2010-Estt.(AL) dated 30.12.2010 and O.M. No.12011/07(0/2011-Estt.(AL) dated 21.02.2012 refers
3
Whether CEA has been increased by 25% as a result of enhancement of Dearness Allowances beyond 50%?
This Department’s OM No. 12011/03/ 2008-Estt.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revisedpay structure goes up by 50%”. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M.No.12011/01/2011-Estt.(Allowance) dated 4th May 2011, has been issued to clarify this further
4
Whether CEA can be claimed for the child for the same class twice?
The reimbursement of CEA is not linked to the performance of the child in his class. Even if a child fails in a particular class, the reimbursement is permissible. However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the mid-session, CEA shall not be reimbursable.
5
Whether CEA/Hostel Subsidy is allowed for initial two years \of Diploma Courses?
Children Education Allowance/Hostel Subsidy is allowed for the initial two years of a diploma/ certificate course from Polytechnic/ITI/ Engineering College, if the child pursues the course after passing 10th standard and the Government servant has not been granted CEA/Hostel Subsidy in respect of the child for studies in 11th and 12th standards. This is further subject to fulfillment of other conditions laid down in the O.M. No.12011/03/2008-Estt.(AL) dated 2.9.2008 and subsequent instructions issued from time to time
6
What is hostel subsidy?
The term Hostel Subsidy would mean expenses incurred by the Government servant if he/she keeps his/her children in a hostel of a residential school/institution located beyond a distance of 50 kilometers from his/her residence.
7
Whether Hostel subsidy is reimbursable irrespective of transfer liability?
Hostel Subsidy is reimbursable to all Central Government Employees covered by the scheme, for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability.
8
Whether Hostel subsidy can be reimbursed if the child is staying in a Hostel which is not part of residential school where he is studying?
No. Hostel subsidy is reimbursable only in case of child studying in a residential school and staying in hostel of the said residential school.
9
What are the components of  hostel subsidy?
Hostel subsidy includes fee charged for boarding, lodging in addition to fee as mentioned in para 1(e) of OM No. 12011/03/ 2008-Estt.(AL) dated 2.9.2008.
10
Whether a Government servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and/or fourthquarter?
Reimbursement of 50% of the entitled amount for the academic year can be allowed in the first and/or second quaiter and the remaining amount can be reimbursed in the third and/or fourthquarter. The entire entitled amount can also be reimbursed in the last quarter. However, frontloading of the entire admissible amount is not permissible. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers
11
Whether any age limit has been prescribed forreimbursement of CEA in respect of children studying in nursery classes?
There is no minimum age prescribed for reimbursement of CEA in respect of children admitted in nursery classes.
However, with regard to physically challenged children the minimum age of 5 (five) years was prescribed for disabled children undergoing nonformal/vocational education. With effect from 21′February, 2012, the minimum age stipulated as 5 years for disabled children stand removed.

Hence, there is no minimum age of child for whom reimbursement is claimed irrespective of the fact whether the child is disabled or not.

The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years. O.M. No.12011/07(ii)/2011-Estt.(AL) dated 21.02.2012 refers.
12
Whether the school/institution should be recognized?
The school/institution has to be recognized by the Central or State Government or UT administration or by University or a recognized educational authority having jurisdiction over the area where the institution is situated. This also applies in respect of children studying in two classes prior to Class-I, i.e., nursery/LKG/UKG, etc. OM No. 12011/03/ 2008-Estt.(AL) dated 23.11.2009.
13
Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of Nepal/Bhutan but working in Government of India, and their children are studying in the schools in their native place?
The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Government of India, and whose children are studying in the native place. However, a certificate may be obtained from the concerned Indian Mission that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.
14
What constitutes “Fee” as per para 1(e) of the O.M. dated 2/9/2008 and whether fee paid  for extra-curricular activities to some other institute and reimbursement of, school bags, pens/pencils, etc., can be allowed? Is there any item-wise ceiling?
“Fee” shall mean fee paid to the school in which the child is studying, directly by the parents/guardian for the items mentioned in para 1(e) of the O.M. dated 2/9/2008. Reimbursement of school bags, pens/pencils, etc., may not be allowed. There is no item-wise ceiling. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.
15
Whether reimbursement can be allowed in case the original receipts are misplaced and duplicate receipts are produced by the Government servant? Are the original receipts required to be attested/ countersigned/ rubber stamped by the school authorities?
In case of misplacement of receipts given by the school/institution towards charges received from the parents/guardian, reimbursement may be allowed if the Government servant produces a duplicate receipt, duly authenticated by the school authorities. Receipts from private parties, other than the school, if misplaced shall not be entertained, even if a duplicate receipt is produced. Original receipts from school authorities need not be attested/ countersigned/rubber stamped by the school authorities. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers
16
Whether Development Fee/Parents’ Contribution charged by the school/institution is reimbursable?
Reimbursement of Development Fee/Parents’ Contribution is allowed w.e.f. 21st February, 2012, vide O.M. No.12011/07(ii)/2011-Estt.(AL) dated 21.02.2012, on pro-rata basis, subject to the condition that the Government servant will have to certify that the school does not charge tuition fee. However, in respect of children studying inKendriya Vidyalaya, the Vidyalaya Vikas Nidhi is reimburseable as it forms part of para 1(e) of O.M. No.12011/3/2008-Estt.(Allowance) dated 2.9.2008. O.M. No.12011/16/2009-Estt.(Allowances) dated 13.11.2009 refers.
17
Whether reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008, is permissible?
Reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008, is allowed w.e.f. 21st February, 2012.
Joining Time Rules
Sl.No
Frequently asked Questions
Answer
1
Whether Joining time / joining Time pay is admissible in case of technical resignation of a Government servant to join another Government organization
For appointment to posts under the Central Government on the results of a competitive examination and or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time.
A Government servant shall be treated on duty during the period of joining time and shall be entitled to joining time pay equal to the pay and allowances like DA, HRA, CCA, drawn before relinquishment of charge at the old post. But temporary Central Government employees with less than 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay. {Rule 4 (4) of CCS(JT) Rules)
2
When can the unutilized joining time be credited as Earned Leave?
Rule 6 (1) of the CCS (Joining Time) Rules provides that when a Government servant joins a new post without availing full joining time by reasons that—
(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or
(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family, then the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (JT) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave.
3
Whether joining time can be combined with leave?
Rule 6(2) of the CCS (Joining Time) Rules provides that Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.
Honorarium
Sl.No
Frequently asked Questions
Answer
1
Upto what amount the Head of Department can grant honorarium?
The Ministries/Departments can grant honorarium upto Rs. 5000/- per annum per employee and the Head of Department can grant honorarium upto Rs. 2500/- per annum per employee. O.M. No.1711/9/85-Estt (Allowance) dated 23.12.1985 refers.
2
What are the rates of honorarium for translation work from regional language to English/Hindi and vice versa?
The rates for translation from regional languages to English/Hindi and vice-versa is ’120/- per thousand words of Ordinary Material and ’130/- per thousand words of Technical Material (including Codes/Manuals, etc.). This is subject to a maximum of ’5000/- per annum in each case, whether recurring or non-recurring. O.M. No.17011/04/2011-Estt.(AL) dated 1.4.2011 refers.
Special Allowance for child care for women with disability
Sl.No
Frequently asked Questions
Answer
1
Whether the women employees with disabilities are entitled for special allowance for child care at double the rates for multiple births at the time of first child birth?
No. In case of multiple births at the time of first child birth, the woman employee shall not be entitled to this allowance at double the rates for multiple births.
2
Whether the allowance would be admissible for the 3rd child in case either of the first two children i.e. first child or the 2nd child expires before the attaining the age of two years?
It is clarified that the grant of Special Allowance for the child care for women with disabilities is admissible for two years from the birth of the child so long as the woman employee does not have more than two surviving children.

  
Sd/-
(S.G. Mulchandaney)
Under Secretary
Source: www.persmin.nic.in

FAQ's ON LEAVE


In this post you will read Frequently Asked Question (FAQ) on following various type of leave matters issued by Department of Personnel & Training, published by DoPT on 25-03-2012, Please scroll down to read full:-
  1. FAQ on General entitlement of leave
  2. FAQ on Leave Encashment with LTC
  3. FAQ on Encashment of Earned Leave on joining Central Government from PSUs & vice versa
  4. FAQ on Leave Encashment on Suspension/Dismissal/Removal
  5. FAQ on Interest on Leave Encashment
  6. FAQ on Study Leave
  7. FAQ on Paternity Leave for Child Adoption/Child Adoption Leave
  8. FAQ on Child Care Leave
  9. FAQ on Commuted Leave


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


Sl. No.
Frequently Asked Question
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? 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 regulates Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 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 meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.
  • A Government servant entitledto vacation shall be considered to have availed himself of avacation 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 payleave 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 everycalendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008








Leave Encashment with LTC
Sl. No.
Frequently Asked Question
Answer
1.
Whether encashment of leave is allowed after LTC is practice,availed?
Sanction of leave encashment should, as a be done in advance, at the time of sanctioning the LTC. However, ex-post- facto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.
2.
Whether encashment of leave with LTC can be availed at the time when the LTC is availed the Government servant only or can leave be encashed at the time when LTC is availed by family members?
Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or by when his family avails it provided other conditions are satisfied.
3.
Whether leave encashment should be revised onretrospective revision ofpay/D.A?
In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.
4.
Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?
The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half PayLeave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006 {O.M No. 12012/3/2009- Estt.(L) dated 28-12-2012)

  
Encashment of Earned Leave on joining Central Government from PSUs & vice versa
Sl. No.
Frequently asked Questions
Answer
1.
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.
2.
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.
3.
Whether cash equivalent of leave salary in case of permanent absorption PSU/Autonomous Body is permissible?
A Government servant who has been permitted to be absorbed in a in Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalentof 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 )

  
Leave Encashment on Suspension/Dismissal/Removal
Sl. No.
Frequently asked Question
Answer
1.
Whether leave encashment be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment may be allowed in such ca ases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave ncashment in the case of a Govt. servant who retires from service on attaining the ge of superannuation while under uspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of ome money becoming recoverable from him on conclusion of the proceedings gainst him. On conclusion of the proceedings he/she will become eligible to he amount so withheld after adjustment of Government dues, if any.
2.
Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, service?
A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the from date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

  
Interest on Leave Encashment
Sl. No.Frequently asked QuestionAnswer
1.Whether interest is payable on delayed payment of leaveNo. There is no provision in the CCS Leave) Rules 1972 for payment of interest

 
Study Leave
Sl. No.Frequently asked QuestionAnswer
1.What is the maximum amount study leave which can be other availed?The maximum amount of study leave for of than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}.
2.Whether study leave can be clubbed with other leave?Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)
3.What is the validity period of bond to be executed by the Government servant while proceeding on study leave?Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).
4.Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

 
Paternity Leave for Child Adoption/Child Adoption Leave
Sl. No.Frequently asked QuestionAnswer
1.How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption LeaveAs per notes below rules 43AA and 43B Child" for the purpose will include a child aken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is reated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child'.

 
Child Care Leave
Sl. No.Frequently asked QuestionAnswer
1.Whether women employees of Public Sector undertakings/ Bodies etc. are entitled toOrders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ CCL? Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.
2.Whether Govt. servant can be permitted to leave station/go abroad while on CCL?Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.
3.What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL. ' The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C}
4.Whether child care leave has been extended to female industrial employees?Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.


Commuted Leave
Sl. No.Frequently asked QuestionAnswer
1.Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner 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?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.

 
(S. G. Mulchandaney)
Under Secretary
 

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