No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
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Establishment (Leave) Section
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Leave Encashment with LTC
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Sl. No.
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Frequently asked Questions
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Answer
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| 1. |
Whether encashment of leave is allowed after LTC is availed?
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Sanction
of leave encashment should, as a practice, be done in advance, at the
time of sanctioning the LTC. However, ex-postfacto 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.
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| 2. |
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? |
Yes.
A Govt. servant can be permitted to encash earned leave upto 10 days
either at the time of availing LTC for himself or when his family avails
it provided other conditions are satisfied.
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| 3. |
Whether leave encashment should be revised on retrospective revision of pay/D.A?
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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 been revised 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?
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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[OM No. 12012/3/2009- Estt.(L) dated 28-12-2012] |
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Encashment of Earned Leave on joining Central Government from PSUs & vice versa
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Sl. No.
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Frequently asked Questions
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Answer
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| 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.
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| 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?
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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.
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| 3. |
Whether cash equivalent of leave salary in case of
permanent absorption in PSU/Autonomous Body is permissible? |
A
Government servant who has been permitted to be absorbed in a
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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Leave Encashment on Suspension/Dismissal/Removal
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Sl. No.
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Frequently asked Questions
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Answer
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| 1. |
Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension?
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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 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. |
| 2. |
Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from
service? |
A
government servant, who is dismissed/removed from service, 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.
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Interest on Leave Encashment
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Sl. No.
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Frequently asked Questions
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Answer
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| 1. |
Whether interest is payable on delayed payment of leave encashment dues?
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No. There is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment.
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Study Leave
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Sl. No.
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Frequently asked Questions
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Answer
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| 1. |
What is the maximum amount of study leave which can be availed?
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The
maximum amount of study leave for other than CHS officers is restricted
to twenty four months during the entire service period and ordinarily
it can be allowed for upto twelve months at a time. (Rule 51(1)}. For
CHS officers the ceiling is for 36 months for acquiring PG
qualifications. (Rule 51(2)}.
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| 2. |
Whether study leave can be clubbed with other leave?
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Yes.
Study leave may be combined with other kinds of leave, but in no case
shall be grant of this leave in combination with leave, other than
extraordinary leave involve a total absence of more than twenty eight
months generally and thirty-six months for the courses leading to PhD.
degree from the regular duties of the Government servant. (Rule 54)
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| 3. |
What is the validity period of bond to be executed by the Government servant while
proceeding on study leave? |
Government
servant is required to execute a bond to serve the Government for a
period of three years after expiry of study leave. For CHS officers the
period is five years. (Rule 55).
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| 4. |
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?
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As
per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the
Govt. for a period of 3 years. As the Govt. servant would still be
serving Government in a Department other than parent Department, he may
be allowed to submit his resignation to take up
another post within the Central Govt. if he had applied for the post through proper channel. |
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Paternity Leave for Child Adoption/Child Adoption Leave
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Sl. No.
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Frequently asked Questions
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Answer
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| 1. |
How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave
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As
per notes below rules 43AA and 43B "Child" for the purpose will include
a child taken as ward by the Government servant, under the Guardians
and Wards Act, 1890 or the personal law applicable to that Government
servant, provided such a ward lives with the Government servant and is
treated as a member of the family and provided such Government servant
has, through a special will, conferred upon that ward the same status as
that of a natural born child'.
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Child Care Leave
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Sl. No.
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Frequently asked Questions
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Answer
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| 1. |
Whether women employees of Public Sector undertakings/ Bodies etc. are entitled to CCL?
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Orders
issued by DOPT are not automatically applicable to the employees of
Central Public Sector Undertakings/ Autonomous Bodies, Banks, 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. |
| 2. |
Whether Govt. servant can be permitted to leave station/go abroad while on CCL?
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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 Government
servant has to go abroad for taking care of the child she may
do so subject to other conditions laid down for this purpose. |
| 3. |
What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?
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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 on 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., will apply. {Rule 43-C} |
| 4. |
Whether child care leave has been extended to female industrial employees?
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Child
Care leave has been extended to all civilian female industrial
employees covered by the CCS(Leave) Rules, 1972 subject to the
conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as
amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012 }
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Commuted Leave
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Sl. No.
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Frequently asked Questions
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Answer
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| 1. |
Whether
commuted leave is admissible based on medical certificates of
Hospitals/Medical Practitioner approved by the employer of the spouse in
cases where the concerned employee has been allowed to avail such
facilities from the employer of the spouse?
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Leave
on medical grounds may be allowed on the basis of certificates issued
by Hospitals/Medical Practitioners approved by the employer of the
spouse in such cases.
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Sd/-
(S. G. Mulchandaney)
Under Secretary
Source:http://ccis.nic.in/(S. G. Mulchandaney)
Under Secretary
