Wednesday, January 25, 2012

Central Civil Services - Leave Rules -FR & SR Part III

FR & SR Part III
Central Civil Services - Leave Rules


1. Short title and commencement

(1) These rules may be called the Central Civil Services (Leave) Rules, 1972.

(2) They shall come into force on the 1st day of June, 1972.

2. Extent of application

Save as otherwise provided in these rules, these rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the Union, but shall not apply to-

(a) Railway servants;

(b) persons in casual or daily-rated or part-time employment;

(c) persons paid from contingencies;

(d) workmen employed in industrial establishments;

(e) persons employed in work-charged establishments;

(f) members of the All India Services;

(g) persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries;

(h) persons employed on contract except when the contract provides otherwise;

(i) persons in respect of whom special provisions have been made by or under the provisions of the Constitution or any other law for the time being in force;

(j) persons governed, for purposes of leave, by the Fundamental Rules or the Civil Service Regulations;

(k) persons serving under a Central Government Department, on deputation from a State Government or any other source, for a limited duration.

Rule 7(1) - Leave cannot be claimed as of right.

Rule 7(2) - The leave sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for.

Rule 10(i) - Leave of one kind taken earlier may be converted into leave of a different kind at a later date at the request of the official and at the discretion of the authority who granted the leave. For example, extraordinary leave may be retrospectively converted into leave not due and earned leave into half pay leave or earned leave on MC into commuted leave, as the case may be. The Government servant should apply for such conversion within thirty days of completion of the relevant spell of leave. This, however, cannot be claimed s a matter of right by the official.

Rule 10, GID - Conversion of one kind of leave into leave of a different kind is permissible only when applied for thy the official while in service and not after quitting service.

Rule 32(6) - Leave sanctioning authority may commute retrospectively periods of absence without leave into Extraordinary leave.

Rule 12 - No leave of any kind can be granted for a continuous period exceeding five years except with the sanction of the President.

Rule 13 - An official on leave should not take up any service or employment elsewhere without obtaining prior sanction of the Competent Authority.

Rule 19(1) - Grant of Leave on Medical grounds. – Government servant (Gazetted or non-Gazetted) – (1) who is CGHS beneficiary and resending within the limits of CGHS at the time of illness should produce medical certificate/fitness certificate from a CGHS doctor.

Rule 19(2) - Who is not CGHS beneficiary and CGHS beneficiaries who proceed outside the Headquarter on duty, leave etc., should produce the certificate from AMA, and in such cases, a non-Gazetted Government servant may produce certificate from RMP if there is no AMA if there is no AMA available within a radius of 8 kms of his residence.

Where a non-Gazetted Government servant finds it difficult to obtain Medical Certificate / Fitness Certificate from CGHS / AMA, the leave sanctioning authority may consider grant of leave on the basis of the certificate from an RMP after taking into account the circumstances of the case.

Rule 19(3) - In the case of hospitalization / indoor treatment permitted in a private hospital recognized under the CGHS CS (MA) Rules, a Government servant (Gazetted or non-Gazetted) may produce MC / FC from the authorized Doctor in such a hospital in case his hospitalization / indoor treatment is on account of the particular kind of disease (e.g. heart, cancer, etc.,) for the treatment of which the concerned Hospital has been recognized. This relaxation is not admissible is case of any day-to-day / outdoor treatment or indoor treatment in respect of any other disease.

Leave sanctioning authority any secure second medical opinion if considered necessary – Rule

Rule 24 (3) and Rule 19 - A Government servant who is on leave on medical certificate will be permitted to return to duty only on production of a medical certificate of fitness from the AMA / CGHS Doctor/Registered Medical Practitioner, as the case may be.

Rule 25(1) - Overstayal of leave without proper sanction, will be debited against the HPL account of the Government servant to the extent HPL is due and the excess treated as EOL. No leave salary is admissible for the entire period of overstayal and the period of such overstayal will not count for increment, leave and pension.

Rule 25(2) - Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

Rule 25(1) - Absence without leave not in continuation of any authorized leave will constitute an interruption of service unless it is regularized.

Rule 20(2) - Permanently incapacitated Government servants not to be invalided. – A Government servant who has been permanently incapacitated from Government service on account of mental or physical disability shall not be invalided or reduced in rank. If he is not suitable ofr the present post, he could be shifted to some other post with the same pay scale and service benefits post becomes available or his superannuation, whichever is earlier. No promotion shall be denied.

Kinds of Leave:-

EARNED LEAVE
HALF PAY LEAVE
COMMUTED LEAVE
LEAVE NOT DUE
EXTRAORDINARY LEAVE
LEAVE ENTITLEMENT FOR VACATION DEPARTMENT STAFF
MATERNITY LEAVE
PATERNITY LEAVE
LEAVE TO FEMALE ON ADOPTION OF CHLID
CHILD CARE LEAVE
SPECIAL DISABILITY LEAVE
HOSPITAL LEAVE
STUDY LEAVE

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Dopt Published Leave Rules and Procedure for Central Govt. Employees

Leave Rules for Central Govt. Employees
Some important questions are arising among the serving employees of Central Government regarding their leave, the nodal Department of Central Government has now clarified as a method of Question and Answer, Frequently Asked Questions. We have reproduced and given below for your easy convenience to read the clarifications about Leave Entitlement, Earned Leave, Child Care Leave, Leave Encashment, EL Encashment, Encashment on LTC, Calculation of Encashment, CCL for Public Sector Employees…
Frequently  asked Question by Departmental of Personnel and Training…
1. What are the leave entitlement of Govt. servants serving in a vacation Department w.e.f.  1.9.2008?
Earned  leave  for persons serving  in  Vacation Departments:-
(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 installments of  ten days each on the  first  day  of  January  and  July  of  every calendar year.
2. Whether encashment of  leave is allowed  after LTC is availed.
Sanction of leave encashment should, as  a rule, be lone  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.
3.  Whether encashment of Leave with LTC  can be availed  at the time when  the LTC is availed by the Government servant only or  can leave be encashed  at the time when LTC is availed by family members? A Govt. servant can be  permitted to encash earned leave  upto  10  days  either at  the  time of  availing LTC  himself  or when  his  family avails it, provided other conditions are satisfied.
4. Whether leave encashment should be revised on retrospective revision  of pay/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+DA  admissible on  that  date.  If  pay  or  DA admissible  has been revised with retrospective effect,  the  Govt. servant  would  be  entitled  to encashment of Leave on the revised rates.
5. Whether encashment of Earned Leave allowed  to  a  Govt. servant  prior  to  his joining the  Central  Govt.  is  to   be  taken into account while retiring 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  in  the concerned Govt. etc. need not be taken into accounl for  calculating the ceiling of   300 days  of   Earned leave to  be encashed as  per CCS(Leave) Rule.
6. Whether leave  encashment  can  be sanctioned  to  a  Govt.  servant  on  his superannuation while under suspension? Leave encashment can be sanctioned, however Rule 39(3)  of  CCS  (Leave) Rules,  1972  allows  with holding of leave encashment in the case of a Govt. servant who retires  from  service  on attaining  the age of  superannuation  while  under suspension  or while disciplinary  or  criminal  proceedings  are pending against him,  if  in  view  of  the  authority there  is  a possibility  of   some  money  becoming recoverable  from  him  on conclusion  of   the proceedings against  him. On conclusion of  the proceedings  he/she  will become  eligible  to  the amount so withheld after adjustment of Government dues, if any.
7.Whether leave encashment can be sanctioned  to  a  Govt.  servant  on  his dismissal/removal, from service?
A  govt.  servant who  is  dismissed/removed  from service  or whose  services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1).  Hence he is not entitled to any leave encashment.
8.  Whether interest is payable  on delayed payment of leave encashment dues?
No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.
9. 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?
Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond  to  serve the Govt. for a period  of 3 years.  As the Govt. servant would  still be  serving the Govt. / Department he may be allowed to submit his technical resignation  to  take up another post
within the Central Govt.
10. Whether women employees  of Public sector  undertakings/Bodies  etc. Are entitled to CCL?
Orders  issued  by  DOPT are not automatically applicable  to  the  employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry 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.
11. 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 Govt. servant has to go abroad for taking care of the child, she may do so  subject to other conditions laid down for this purpose.
12. 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 of combination with 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., in a year, will apply

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