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Leave Rules – Frequently Asked Questions

Department of Personnel and Training, has released a set of FAQs (Frequently Answered Questions) and replies for the same relating to Leave Rules.  We have compiled those Queries and Answers for convenience of readers.

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.

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.

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.

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.

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.

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.

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.

No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.

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.

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.

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.

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.

18 Comments

  1. i am working in a central govt. office at new delhi. RH leave application was not approved for the govardhan poojan and bhai dooj by the officer with whom i am attached while there was no work in the office for the last 10-12 days. on reporting the matter to higher authorities, a memo was issued to me as to why the matter reported to senior officers and due to this i am being targetted. Friends please help me what should i do ?

  2. PLEASE LET ME KNOW IF A GOVT.SERVANT HAPPENS TO BE ON  LEAVE ON 1st OF JULY THEN FROM WHAT DATE THE FINANCIAL EFFECT OF THE INCREMENT WOULD BE GIVEN

  3. Sir,

    Kindly intimate the Dopt OM. Number issued on 13-12-2011 regarding LEAVE RULES FREQUENTLY ASKED QUESTIONS. The same is not available on your webside.
    The above clarification is also not signed by any officer of DOPT. Kindly mail the origional order on the above noted subject.

  4. I am working in a university in last 4 years and in July 2010 i joined another university on lien. now i conformed in my new university and university has started to combined my past services. In this regards i want to know that can i transfer my Earn leave from my old institution to new institutions? I also want to also know that a university teachers can take leave encasement facility(300days) or not?( because some my friend told me that Government stop encasement facility for teachers).

  5. sir,
    I availed LTC for the block year 2010-2013 to Port Blair. I applied for EL from 2/1/2012 to 9/1/2012 (with suffix 31/12/2012 & 1/1/2012being Saturday & Sunday)
    I left my home town on dated 31/12/2011. My office is not paying me 10 day leave encashment with the revised DA (ie 65% wef 1/1/2012) for the above period , as I have left the station on dated 31/12/2011 . Pl. guide me in this context.

    1. You have to be paid Leave Encashment @ 58% for one day (31.012.2012) and @ 65% for rest of the days

  6. The staff who has taken the leave EOL freequantly with Medcial Certificate , How many day EOL permited

  7. Can a Postal Department staff take a long leave (say for 5 years) to go abroad with their spouse who is working in abroad?

  8. sir/mam, i`m karnataka state govt employee, i availed maternity leave from 20th apr 2014 to 16 oct 2014. My annual increament date was on 1st june 2014. from which date i`l get my inceament. ?

  9. I want to know that what is rule regulations of dopt. Actually my wife is working as staff nurse in esic hospital. Resently she availed maternity leave for 180 days. After 2month she has been promoted next higher grade pay. If she joins to take promotion, maternity will be break up or nor. Please help me respectly. Any copy of order in this regard, pleade send me. My email id is [email protected]

  10. m working in postal department. i applied LTC for 37 days. will they refused my LTC? is there any rules for refusing my LTC

  11. Good Morning,

    Need clarification on a female employee seeking special casual leave for tebectomy (sterlization) after the birth of 3rd child. Is she eligible for special casual leave for 14 days (since small family norms says the person should have not more than 2 children surviving at the time of sterlization) and would she be eligible for the allowance for the same??

  12. Please any body let me know what are rules for karnataka state government employee for travelling abraod on private visit .

    is permission is complusory , if permission from dept not taken what will be concsquences.

    friends please help me

    thanks in Advance

    Regards,

    Rajesh

  13. I am Government employees and admitted in naturopathy hospital for treatment of sugar and allied problems at jaipur approved for central government,Raj.Housing Board,Banks. I am not claiming any medical claim but want to sanction commutted leave on medical grounds as per medical certificate issued by registered Doctor. My employer is insisisting certificate from Govt.Doctor which is not possible. I have earned 430 half pay leave and due ti me and going tobe retired on 31th July. My employer has deducted earned leave from my account and now i will get encashment only 300-19=281leave only whereas I have never applied for earned leave. Kindly clarify

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