Wednesday 14 December 2011
FAQS (FREQUENTLY ANSWERED QUESTIONS) LEAVE RULES.
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 account 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.