To view Directorate's memo No. 20-05/2013-PAP dated 2/9/2013, please CLICK HERE.
Showing posts with label LEAVE RULE. Show all posts
Showing posts with label LEAVE RULE. Show all posts
Tuesday, 15 October 2013
Monday, 1 April 2013
Commuted Leave – Whether Applicable while taking medical Treatment at the Hospital approved by employer of spouse – Clarification
| Sl. No. | Frequently asked Question | Answer |
| 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? | 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. |
Tuesday, 26 March 2013
FAQ ON LEAVE –EARNED, COMMUTED, PATERNITY, STUDY, CHILDCARE AND LEAVE ENCASHMENT ON LTC
FAQ ON LEAVE –EARNED, COMMUTED, PATERNITY, STUDY, CHILDCARE AND LEAVE ENCASHMENT ON LTC.
Sunday, 24 February 2013
FR SR, Part III Central Civil Services - Leave Rules
FR & SR Part III
Central Civil Services - Leave Rules
Central Civil Services - Leave Rules
1. Short title and commencement
(1) These rules may be called the Central Civil Services (Leave) Rules, 1972.
(2) They shall come into force on the 1st day of June, 1972.
2. Extent of application
Save as otherwise provided in these rules, these rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the Union, but shall not apply to-
(a) Railway servants;
(b) persons in casual or daily-rated or part-time employment;
(c) persons paid from contingencies;
(d) workmen employed in industrial establishments;
(e) persons employed in work-charged establishments;
(f) members of the All India Services;
(g) persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries;
(h) persons employed on contract except when the contract provides otherwise;
(i) persons in respect of whom special provisions have been made by or under the provisions of the Constitution or any other law for the time being in force;
(j) persons governed, for purposes of leave, by the Fundamental Rules or the Civil Service Regulations;
(k) persons serving under a Central Government Department, on deputation from a State Government or any other source, for a limited duration.
Rule 7(1) - Leave cannot be claimed as of right.
Rule 7(2) - The leave sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for.
Rule 10(i) - Leave of one kind taken earlier may be converted into leave of a different kind at a later date at the request of the official and at the discretion of the authority who granted the leave. For example, extraordinary leave may be retrospectively converted into leave not due and earned leave into half pay leave or earned leave on MC into commuted leave, as the case may be. The Government servant should apply for such conversion within thirty days of completion of the relevant spell of leave. This, however, cannot be claimed s a matter of right by the official.
Rule 10, GID - Conversion of one kind of leave into leave of a different kind is permissible only when applied for thy the official while in service and not after quitting service.
Rule 32(6) - Leave sanctioning authority may commute retrospectively periods of absence without leave into Extraordinary leave.
Rule 12 - No leave of any kind can be granted for a continuous period exceeding five years except with the sanction of the President.
Rule 13 - An official on leave should not take up any service or employment elsewhere without obtaining prior sanction of the Competent Authority.
Rule 19(1) - Grant of Leave on Medical grounds. – Government servant (Gazetted or non-Gazetted) – (1) who is CGHS beneficiary and resending within the limits of CGHS at the time of illness should produce medical certificate/fitness certificate from a CGHS doctor.
Rule 19(2) - Who is not CGHS beneficiary and CGHS beneficiaries who proceed outside the Headquarter on duty, leave etc., should produce the certificate from AMA, and in such cases, a non-Gazetted Government servant may produce certificate from RMP if there is no AMA if there is no AMA available within a radius of 8 kms of his residence.
Where a non-Gazetted Government servant finds it difficult to obtain Medical Certificate / Fitness Certificate from CGHS / AMA, the leave sanctioning authority may consider grant of leave on the basis of the certificate from an RMP after taking into account the circumstances of the case.
Rule 19(3) - In the case of hospitalization / indoor treatment permitted in a private hospital recognized under the CGHS CS (MA) Rules, a Government servant (Gazetted or non-Gazetted) may produce MC / FC from the authorized Doctor in such a hospital in case his hospitalization / indoor treatment is on account of the particular kind of disease (e.g. heart, cancer, etc.,) for the treatment of which the concerned Hospital has been recognized. This relaxation is not admissible is case of any day-to-day / outdoor treatment or indoor treatment in respect of any other disease.
Leave sanctioning authority any secure second medical opinion if considered necessary – Rule
Rule 24 (3) and Rule 19 - A Government servant who is on leave on medical certificate will be permitted to return to duty only on production of a medical certificate of fitness from the AMA / CGHS Doctor/Registered Medical Practitioner, as the case may be.
Rule 25(1) - Overstayal of leave without proper sanction, will be debited against the HPL account of the Government servant to the extent HPL is due and the excess treated as EOL. No leave salary is admissible for the entire period of overstayal and the period of such overstayal will not count for increment, leave and pension.
Rule 25(2) - Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.
Rule 25(1) - Absence without leave not in continuation of any authorized leave will constitute an interruption of service unless it is regularized.
Rule 20(2) - Permanently incapacitated Government servants not to be invalided. – A Government servant who has been permanently incapacitated from Government service on account of mental or physical disability shall not be invalided or reduced in rank. If he is not suitable ofr the present post, he could be shifted to some other post with the same pay scale and service benefits post becomes available or his superannuation, whichever is earlier. No promotion shall be denied.
Kinds of Leave:-
EARNED LEAVE
HALF PAY LEAVE
COMMUTED LEAVE
LEAVE NOT DUE
EXTRAORDINARY LEAVE
LEAVE ENTITLEMENT FOR VACATION DEPARTMENT STAFF
MATERNITY LEAVE
PATERNITY LEAVE
LEAVE TO FEMALE ON ADOPTION OF CHLID
CHILD CARE LEAVE
SPECIAL DISABILITY LEAVE
HOSPITAL LEAVE
STUDY LEAVE
Source: CG Staff News
Sunday, 21 October 2012
DOPT ORDERS 2012 : Some of important orders issued by Dopt on the subject of LEAVE
DOPT ORDERS 2012 : Some of important orders issued by Dopt on the subject of LEAVE
The nodal office of Central Government, Department of Personnel and Training issued orders from time to time to amend the leave rules in the respect of Central Government employees...
We are here compiling some important orders about the LEAVE for your reference...
| DOPT Orders on the subject of LEAVE | ||||
|---|---|---|---|---|
| S.No. | O.M.No. | O.M.Date | Subject of O.M. | Download |
| 1 | No.12012/2/2009-Estt.(L) | 01/08/2012 | Extension of orders for grant of Child Care Leave to all Civilian Female Industrial Employees of the Central Government. | Click here |
| 2 | No.18016/3/2011-Estt.(L) | 27/06/2012 | Special concessions-facilities to Central Government Employees working in Kashmir Valley in attached-subordinate offices or PSUs falling under the control of Central Government. | Click here |
| 3 | No.12012/2/2009-Estt.(Leave) | 31/05/2012 | Grant of Child Care Leave to Civilian Female Industrial Employees of Defence Establishments | Click here |
| 4 | No.28016/02/2007-Estt(A) | 13/04/2012 | Grant of Compensatory leave on 16th April 2012 in connection with Election Duty | Click here |
| 5 | Gazette of India | 04/04/2012 | Central Civil Services (Leave) (Third Amendment) Rules, 2012 |
Click here |
| 6 | Gazette of India | 29/03/2012 | CCS(Leave) (Second Amendment) Rules, 2012. |
Click here |
| 7 | Gazette of India | 28/03/2012 | CCS(Leave) (Amendment) Rules. 2012 |
Click here |
| 8 | Gazette of India | 27/12/2011 | CCS (Leave) (Fifth Amendment) Rules, 2011 |
Click here |
Friday, 17 August 2012
Paternity Leave when a child is adopted
As per Office Memorandum No. 13018/1/2009-Estt.(L) dated 22.07.2009 (Click here to download this OM) issued by DOPT, A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below
the age of one year, may be sanctionedPaternity Leave for a period of
15 days within a period of six months from the date of valid adoption.
We also provide here the details of Maternity and Paternity Leave
Maternity Leave:
(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
NOTE:- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
(3) Maternity
leave not exceeding 45 days may also be granted to a female Government
servant (irrespective of the number of surviving children) during the
entire service of that female Government in case of miscarriage
including abortion on production of medical certificate as laid down in Rule 19:
Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.
(4) (a) Maternity leave may be combined with leave of any other kind.
(b)
Notwithstanding the requirement of production of medical
certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule
31, leave of the kind due and admissible (including commuted leave for a
period not exceeding 60 days and leave not due) up to a maximum oftwo
years may, if applied for, be granted in continuation of maternity
leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account.
Paternity leave:
(1)
A male Government servant (including an apprentice) with less than two
surviving children, may be granted Paternity Leave by an authority
competent to grant leave for a period of 15 days, during the confinement
of his wife for childbirth, i.e., up to 15 days before, or up to six
months from the date of delivery of the child.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The paternity Leave may be combined with leave of any other kind.
(4) The paternity leave shall not be debited against the leave account.
(5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
NOTE:- The Paternity Leave shall not normally be refused under any circumstances.
Source : http://www.gconnect.in/Friday, 3 August 2012
EXTENSION OF ORDERS FOR GRANT OF CHILD CARE LEAVE TO ALL CIVILIAN FEMALE INDUSTRIAL EMPLOYEES OF THE CENTRAL GOVERNMENT
EXTENSION OF ORDERS FOR GRANT OF CHILD CARE LEAVE TO ALL CIVILIAN FEMALE INDUSTRIAL EMPLOYEES OF THE CENTRAL GOVERNMENT
No. 12012/2/2009-Estt.(L)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
New Delhi, the 1 st August, 2012.
OFFICE MEMORANDUM
Subject- Extension of orders for grant of Child Care Leave to all Civilian Female Industrial Employees of the Central Government. '
The undersigned is directed to state that the matter regarding extension of benefit of Child Care Leave to all Civilian Female Industrial Employees of the Central Government at par with the civilian female industrial employees of Defence Establishment covered by the CCS (Leave)
Rules, 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the benefit of Child Care Leave to all Civilian Female Industrial Employees of the Central Government at par with the civilian female industrial employees of Defence Establishment covered by the CCS (Leave) Rules, 1972 subject to condition provided in rule 43-C of the CCS (Leave) Rules, 1972, as amended from time to time.
2 These order shall take effect from the date of 01.9.2008. Earned Leave, if any availed by these employees between 01.9.2008 to till date specifically for the purpose of taking care of needs of their eldest two minor children may be converted into Child Care Leave.
Hindi version will follow.
(Vibha G. Mishra)
Director
Thursday, 19 July 2012
LAND MARK JUDGEMENT ON CHILD CARE LEAVE TO DEPRIVED WOMEN EMPLOYEES
CENTRAL
ADMINISTRATIVE TRIBUNAL CHANDIGARH
BENCH
ORIGINAL APPLICATION NO.931-CH-2011
Chandigarh, this the 30th day of September, 2011
CORAM: Hon'ble Mrs. Shyama Dogra, Member (J). Hon'ble Mrs. Promilla Issar, Member (A).
Mrs. Aarti Rani, wife of Shri Ashwani Kumar, aged 39 years, presently working as Postal Assistant in Post Office Sector-15, Chandigarh (U.T.)-160015.
Applicant
Versus
1. Union of India through Secretary, Ministry Communication & Information Technology, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110016.
2. Senior Superintendent of Post Offices, Chandigarh Division, Sector-17, GPO Building, Chandigarh (UT)-160017.
Respondents
Present: Sh. D.R. Sharma, the counsel for the applicant.
Sh. Rohit Sharma, vice Sh. Deepak Agnihotri, the counsel for the respondents.
O R D E R(Oral)
By Hon'ble Mrs. Shyama Dogra, Member (J):-
1. This is a second round of litigation by the applicant for quashing of impugned order Annexure A-1 dated 30.8.2011 whereby, her request to grant her child care leave has been rejected by the respondents.
2.
The claim of the applicant is that Govt. of India issued office
memorandums dated 11.9.2008 and 07.9.2010. Under those memorandums,
women employees having minor children are to be granted Child Care Leave
(CCL for short) for a maximum of two years during their entire service period for taking care of up to two children till the age of 18 years for the purpose of their care and taking care of any of their needs like examinations, sickness etc. It is submitted by the learned counsel for the applicant that the applicant has twins, who are pursuing their studies in 10+1, Non-Medical. Since the husband of the applicant is posted at a far-away place in Amritsar, the applicant has to look after these two children, therefore, she had applied for child care leave, which has been denied by the respondents by passing a non-speaking order. Aggrieved by that order, the applicant had filed an O.A and her case was remanded to the respondents to re-examine the matter afresh and pass speaking orders. Impugned order annexure A-1 is an outcome of those directions given by the Court.
3. While challenging this impugned order, the main contention of the applicant is that since these office memorandum are for the purpose of giving some relief to eligible women employees to enable them to look after their children properly, therefore, the respondents should not have rejected her request for CCL, keeping in view the fact that earlier also she was granted this leave for three months when the applicant had to look after her children during their final examination.
It is not denied by the applicant that this special child care leave
cannot be claimed as a matter of right, yet the fact remains that this
leave is to be granted for a particular purpose as mentioned in these instructions, therefore, if the applicant is not granted this leave the whole purpose of this scheme formulated for the benefit of women employees will be defeated. The learned counsel for the
applicant submits that the applicant will not be able to take this
leave after 2013 as her children will become major by that time and
their exams would be over.
4. The learned counsel for the
applicant has also objected to the findings given by the competent
authority with regard to shortage of staff in Chandigarh Postal Division
on the ground that earlier also the applicant was posted to other post
offices in Sector 36 and sector 44 which falsify the plea of the
respondents that there is a shortage of staff as the applicant at
present also is working in sector-15
Post office. She has categorically mentioned that out of the total
strength of 486 permanent posts of postal assistants, 455 postal
assistants are on the rolls, hence there is no shortage of staff and in
case she is granted CCL, there is still a provision for appointment of an incumbent against a leave vacancy and the respondents can make necessary arrangements for such period for which the applicant has applied for CCL.
5.
The respondents have filed a written statement and have
supported the impugned order on the ground that the applicant has not
exhausted all the departmental remedies before coming to this Court, therefore,
this O.A. is premature and liable to be dismissed as she can still file
a representation to the higher authority against the impugned order
Annexure A-1. The respondents have also categorically mentioned that grant of CCL cannot be asked for as
a matter of right by the women employees and it can only be granted
under special circumstances and she was also granted this leave during
the final examination of her children and therefore,
it cannot be said that the respondents are not considerate to women
employees in the matter of grant of CCL. The plea of the applicant for grant
of this leave has been rejected by the competent authority in view of
the instructions of DOPT dated 18.11.2008 (R/2) in the interest of
smooth functioning of the office and keeping in view that if CCL is
granted in routine, then the office work would suffer in various
departments. Since the applicant has not mentioned any valid reason for grant of this leave, therefore, there is no illegality in passing of the impugned order Annexure A-1, which is fully supported with reasons and the same is liable to be upheld.
6. The applicant has filed a rejoinder and reiterated the submissions as made in the O.A.
7. We have heard the learned counsel for the parties and carefully gone through the record.
8.
The instructions issued by the respondents on 11th September, 2008 and
clarifications issued later on, clearly envisage that CCL cannot be
demanded as a matter of right but the fact remains that this benefit has
been given to the women employees to facilitate them so that they can
devote adequate time to the care of their minor children upto the age of
18 years, which may be for the purpose of their up-bringing to look after any of their specific needs like examinations, sickness etc. This leave can be granted for a maximum of 3 spells in a year.
9. Therefore, once a particular scheme is introduced by the employer for the
benefit of its employees, it should be implemented in a fair and
rational manner and we are of the view that the respondents need not
have completely rejected the request of the applicant for CCL as she needs this leave for the
purpose of devoting some extra time to her minor children. Instead of
completely rejecting her request, the respondents should have considered
sympathetically her prayer for grant of CCL around the examination time.
10. Therefore, in our considered opinion, the matter requires re-examination. Thus, the impugned order dated 30.8.2011 (Annexure A-1)
is hereby quashed and set aside while giving directions to the
respondent concerned to consider sympathetically the prayer of the
applicant for grant of CCL in different spells during and around the examination period of her children. Needful be done within a period of two months from the date of receipt of a copy of this order.
11. With these directions as above, this O.A. stands disposed of with no orders as to costs.
(PROMILLA ISSAR) (SHYAMA DOGRA)
MEMBER (A) MEMBER (J)
Place: Chandigarh.
Dated: 30.9.2011.
KR*
8
6
(O.A.931-CH-2011)
Tuesday, 10 July 2012
Leave Rules- FAQ
51. What is the position in case if no casual leave on account for debiting to late attendance? If the leave sanctioning authority does not want to condone the delay, what action can be taken?
Ø If an official who has no casual leave to his credit comes late without sufficient justification and the administrative authority is not prepared to condone the late coming, he may inform the official that he will be treated as on unauthorized absence for the day on which he came late and leave it to the official himself either to face unauthorized absence or to apply for earned leave or any kind of leave due and admissible for the entire day, the same may be sanctioned. This is the order of the Ministry of Home Affairs dt. 05.03.82. As such Question of Dies non will not arise in such cases.
52. How many days an official can avail Earned leave at a stretch?
Ø Since 12.10.1990, it has been increased to 180 days.
53. Whether the Fitness certificate should be obtained from the same doctor who certified the illness?
Ø Not necessary. The rules do not envisage that the fitness certificate should be given by the same doctor who gave the medical certificate.
54. If an official is directed for 'Second Medical Opinion' to D.M.O, whether he is entitled to claim TA/DA or not? It is not paid anywhere. Why?
Ø As per Rules, any employee who has been asked to proceed to some other station for second medical opinion, he should be granted T.A. for the journey period and D.A for a maximum period of two days calculated as on tour. This facility is allowed only in cases of Second medical opinion for grant of original leave and not for extension of leave.
55. An employee is having just five years of service for his superannuation. He applied for EL which has been rejected. Is it correct?
Ø As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career.
Thanks to Comrade J.Ramamurthy, http://aipeup3tn.blogspot.in/
Wednesday, 16 May 2012
CHILD CARE LEAVE (CCL) IN RESPECT OF CENTRAL GOVT. EMPLOYEES.
Copy of D.G. Posts No. 51-3/2011-SPB-II dated 10th May, 2012.(Addressed to All the Heads of Circles)
I am directed to
refer to this office letter of even number dated 15.6.2011 on the
subject mentioned above and to say that Unions, in the meeting with
Secretary (Posts) on 10.1.2012 and 12.1.2012, pointed out that the
instructions issued vide ibid letter are not being followed strictly.
It is,
therefore, again requested to please ensure that the cases of grant of
Child Care Leave are liberally dealt with as per the instructions of
Government of India as mentioned in the letter referred to above.
Sd/-
(Raj Kumar)
Director (Staff)
Tuesday, 10 April 2012
Central Civil Services (Leave) (Third Amendment) Rules, 2012
Central Civil Services (Leave) (Third Amendment) Rules, 2012.
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART II, SECTION-3, SUB-SECTION (I)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
NOTIFICATION
New Delhi, the 4th April, 2012.
G.S.R.....- In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Consititution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Auditor and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-
1. (1) These rules may be called the Central Civil Services (Leave) (Third Amendment) Rules, 2012.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), in rules 43-AA, the existing "Note" shall be numbered as "Note I" and after Note I as so renumbered, the following note shall be inserted, namely :-
Note 2:- "Child" for the purpose of this rule 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".
3. In the said rules, in rule 43-B, the following note shall be inserted, namely:
'Note :- “Child” for the purpose of this rule 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".
[F.No 13026/5/2011-Estt.(L)]
sd/-
(Mamta Kundra)
Joint Secretary to the Government of India
Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_5_2011-Estt.L-04042012.pdf]
Saturday, 31 March 2012
Five years absence is considered a resignation
New Delhi, Mar 30, 2012(PIB): The CCS (Leave) Rules has been amended by the Department of Personnel and Training (DOPT) vide Notification F.No.13026/2/2010-Estt.(L)] dated 29.03.2012.
You can't take leave excess five years.
It has been further laid down that any government servant if absent from duty for more than 5 years continuously with or without leave (other than on foreign service), they shall be deemed to have resigned from their post.
The said notification is placed below for your ready reference.
Click here for the notification.
Thursday, 29 March 2012
CCS(Leave) (Second Amendment) Rules, 2012.
CCS(Leave) (Second Amendment) Rules, 2012.
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION-3, SUB-SECTION (i)]
SECTION-3, SUB-SECTION (i)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi. the 29th March, 2012.
Notification
GSR.......(E) .... In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-
I. (i) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2012.
(2) They shall come into force on the date of theìr publication in the Official Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, for rule 12, the following rule shall be substituted, namely:-
“12.(I) No Government Servant shall be granted leave of any kind for a continuous period exceeding five years.
(2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines, a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service :
Provided that a reasonable opportunity to explain the reasons for such absence shall be givne to that Government servant before provisions of sub-rule (2) are invoked”.
[F.No.13026/2/2010-Estt.(L)]
sd/-
(Mamta Kundra)
Joint Secretary to the Government of India
(Mamta Kundra)
Joint Secretary to the Government of India
Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_2_2010-Estt-L-A.pdf]
Monday, 9 January 2012
CCS (Leave) (Fifth Amendment) Rules, 2011 - “Seamen’s sick leave”
“In the First Schedule to the Central Civil Services
(Leave) Rules, 1972, against Sl.No. (I) in column 2 after the words
"Seamen's Sick Leave" the words "Paternity Leave, Child Adoption Leave, Paternity Leave for Child Adoption and Child Care Leave: shall be inserted.”
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Notification
New Delhi, the, 27.12.2011.
G.S.R.
In exercise of the powers conferred by the proviso to article 302 read
with clause (5) of article 148 of the Constitution and after
consultation with the Comptroller and Auditor General of India in
relation to the persons serving in the Indian Audit Accounts Department,
the President hereby make the following rules further to amend the
Central Civil Services (Leave) Rules, 1972, namely :-
1. (1) These rules may be called the Central Civil Services (Leave) (Fifth Amendment) Rules, 2011.
(2)
In the First Schedule to the Central Civil Services (Leave) Rules,
1972, against Sl.No. (I) in column 2 after the words "Seamen's Sick
Leave" the words "Paternity Leave, Child Adoption Leave, Paternity Leave
for Child Adoption and Child Care Leave: shall be inserted.
sd/-
(Mamta Kundra)
Joint Secretary
Source: www.persmin.nic.in (Mamta Kundra)
Joint Secretary
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_4_2011-Estt-L-27122011.pdf]
A more detailed definition is given in the brochure of Central Civil Services (Leave) Rules, 1972 about the Seamen’s sick leave...
47. Seamen’s sick leave
(1)
A Government servant serving as an officer, warrant officer or petty
officer on a Government vessel may, while undergoing medical treatment
for sickness or injury, either on his vessel or in hospital, be granted
leave, by an authority competent to grant leave, on leave salary equal
to full pay for a period not exceeding six weeks:
Provided
that such shall not be granted if a Government Medical officer
certifies that the Government servant is malingering or that his ill
health is due to drunkenness or similar self-indulgence or to his own
action in will fully causing or aggravating disease or injury.
(2)
A seaman disabled in the exercise of his duty may be allowed leave on
leave salary equal to full pay for a maximum period not exceeding three
months, if the following conditions are fulfilled, namely:-
(a) a Government Medical Officer must certify the disability;
(b) the disability must not be due to the seaman’s own carelessness or inexperience’
(c) the vacancy cause by his absence must not be filled.
(3)
(a) In the case of a person to whom the Workmen’s Compensation Act,
1923 (8of 1923), applies, the amount of leave salary payable under this
rule shall be reduced by the amount of compensation payable under Clause
(d) of sub-section (1) of Section 4 of the said Act.
(b)
In the case of a person to whom the Employees’ State Insurance Act,
1948 (34 of 1948), applies, the amount of leave salary payable under
this rule shall be reduced by the amount of benefit payable under the
said Act for the corresponding period.
Thursday, 15 December 2011
Leave Rules for Central Govt. Employees
Dopt Published Leave Rules and Procedure for Central Govt. Employees
Leave Rules for Central Govt. Employees
Some important questions are arising among the serving employees of Central Government regarding their leave, the nodal Department of Central Government has now clarified as a method of Question and Answer, Frequently Asked Questions. We have reproduced and given below for your easy convenience to read the clarifications about Leave Entitlement, Earned Leave, Child Care Leave, Leave Encashment, EL Encashment, Encashment on LTC, Calculation of Encashment, CCL for Public Sector Employees…
Frequently asked Question by Departmental of Personnel and Training…
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 accounl 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.
Leave Rules…
Some important questions are arising among the serving employees of Central Government regarding their leave, the nodal Department of Central Government has now clarified as a method of Question and Answer, Frequently Asked Questions. We have reproduced and given below for your easy convenience to read the clarifications about Leave Entitlement, Earned Leave, Child Care Leave, Leave Encashment, EL Encashment, Encashment on LTC, Calculation of Encashment, CCL for Public Sector Employees…
Frequently asked Question by Departmental of Personnel and Training…
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 accounl 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.
Leave Rules…
Wednesday, 14 December 2011
Know about CHILD CARE LEAVE
Q Who are entitled for Child Care Leave?
A Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older.
Q Am I eligible to draw Salary for the period for which Child Care leave is availed?
A During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
Q Whether CCL can be debited against any other type of Leave admissible to the employee?
A Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate).
Q Whether Child Care Leave can be combined with any other leave?
A It may be combined with leave of the kind due and admissible.
Q Whether Child Care Leave is applicable for third child?
A No. CCL is not applicable to third Child.
Q How to maintain Child Care Leave account?
A The leave account for child care leave shall be maintained in the proforma prescribed by Govt, and it shall be kept along with the Service Book of the Government servant concerned.
Q Whether CCL can be claimed as a matter of right?
A The intention of the Pay Commission in recommending Child Care Leave for women employees was to facilitate women employees to take care of their children at the time of need. However, this does not mean that CCL should disrupt the functioning of Central Government offices. The nature of this leave was envisaged to be the same as that of earned leave.
Q Whether we can prefix or suffix Saturdays, Sundays, and Gazetted holidays?
A As in the case of Earned Leave, we can prefix or suffix Saturdays, Sundays, and Gazetted holidays with the Child Care Leave.
Q Should we have any Earned Leave in Credit for the purpose of taking Child Care Leave?
A There was a condition envisaged in the Office Memorandum relevant to Child Care Leave to the effect that CCL can be availed only if the employee concerned has no Earned Leave at her credit. However, this condition was withdrawn by the Government and as such there is no need for having EL in credit to avail CCL.
Q Whether CCL can be availed without prior sanction?
A Under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority.
Q Can we avail CCL for the children who are not dependents?
A The Child Care Leave would be permitted only if the child is dependent on the Government servant.
Q Is there any other conditions apart from the total number of holidays and the age of the child?
A The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.
Further, CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
Q Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as 'Urgent Work' but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated?
A Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leave availed specifically for this purpose only should be converted.
Q Whether all Earned Leave availed irrespective of 'number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year: for example 30 days CCL from 27th December, whether the Leave should be treated as one spell or two spells'?
A No. As the instructions contained in the OM dared 7.9.2010 has been given retrospective effect, all the conditions specified in the OM would have to be fulfilled for conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.
Q Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child C31.e Leave for the remaining period of the current year'?
A No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.
Q Whether LTC can be availed during Child Care Leave?
A LTC cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.
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