1. What
are the leave entitlement of Govt. servants serving in a vacation Department
w.e.f. 1.9.2008?
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:
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 account 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
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.
—
M.Krishnan
Secretary General NFPE
are the leave entitlement of Govt. servants serving in a vacation Department
w.e.f. 1.9.2008?
(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.
(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.
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.
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.
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.
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?
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?
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 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 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?
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?
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?
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.
Central Govt.
10. Whether
women employees of Public sector undertakings/Bodies etc. Are
entitled to CCL?
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?
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?
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.
—
M.Krishnan
Secretary General NFPE
Source:National Federation of Postal Employees
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