Leave applicable to Central Government Employees – Frequently Asked Questions

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Frequently Asked Question

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.

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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 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 and DA admissible on that date. If pay or DA admissible has beenrevised 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 Pay Leave 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)

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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 equivalent of 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 )

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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 cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from service on attaining the ge 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 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.

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Frequently asked Question

Answer

1.

Whether interest is payable on delayed payment of leave

No. There is no provision in the CCS Leave) Rules 1972 for payment of interest