1. Government Servants who were on official tour and were unable to return their Headquarters (HQs) due to non-availability of Public Transport.
Clarification: Deemed to have joined duty on the date of expiry of official tour, if intimation in any form, indicating difficulty in joining duty due to non-availability of public transport/flights, has been given by the Government servant to the office.
2. Government servants who
were on leave prior to issue of lock down orders with effect
from 25.03.2020 and the leave
ended during lock down period.
Clarification: Deemed to have joined duty from the
date of expiry of leave, if intimation in
any form, indicating difficulty in joining
duty due to non-availability of public
transport/flights has been given by the
Government servant to the office. In
case of leave on medical grounds, this is subject to production of
medical/fitness certificate.
3. Government servants who left
HQ on the week-end prior to
lockdown, 1.e. 20.03.2020
(Friday), but could not return
to HQ on 23.03.2020(Monday)
due to non-availability of
transport.
Clarification: Deemed to have joined on 23.03.2020,
if intimation, in any form indicating
difficulty in joining duty due to nonavailability of public transport/flights
has been given by the Government
servant to the office.
4. Government servants who were on leave prior to issue of orders on lock down with effect from 25.03.2020 and the leave expired during the lock down period, but who wish to curtail the leave before expiry and join duty.
Clarification: Curtailment of sanctioned leave may not be agreed to, unless allowed by the leave sanctioning authority only in rare cases based on official exigency. From the date following the date of expiry of leave during the period of lock down, the employee may be deemed to have joined duty.
The Government servants governed by the CCS (Leave)
Rules, 1972 and entitled to avail LTC may encash earned leave upto 10 days at
the time of availing both types of LTCs, i.e. 'Hometown' and 'anywhere in
India'. However, when the one and the same LTC is being availed of by the
Government servant and his family members separately in a block year,
encashment of leave would be restricted to one occasion only.
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?
Answer: No, Government servant shall be granted
leave of any kind for a continuous period of
5 years. 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.
2. What are the leave
entitlements of Govt. servants
serving in a vacation Department?
Answer: The rule 28 of the CCS (Leave) Rules, 1972
which came into effect from 1.9.2008
regulates the grant of Earned Leave for
persons serving in the Vacation
Department. The said rule provides for as
follows:-
(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.
3. Whether encashment of leave
is allowed after LTC is
availed?
Answer: Sanction of leave encashment should 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.
4. 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?
Answer: 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.
5.Whether leave encashment
should be revised on
retrospective revision of
pay/D.A?
Answer: 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.
6. Whether encashment of
Earned Leave and Half Pay
Leave is admissible to
industrial employees?
Answer: 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 07-11-200640M No. 12012/3/2009-
Estt.(L) dated 28-12-2012).
7. 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 Government ?
Answer: 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.
8. 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?
Answer: 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.
9. Whether cash equivalent of
leave salary in case of
permanent absorption in
PSU/Autonomous Body is
permissible?
Answer: 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 .
10. Whether leave encashment
can be sanctioned to a Govt.
servant on his superannuation
while under suspension?
Answer: 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.
11. Whether leave encashment
can be sanctioned to a Govt.
servant on his
dismissal/removal, from
service?
Answer: 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.
12. What is the maximum amount
of study leave which can be
availed?
Answer: 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.
13. Whether study leave can be
clubbed with other leave?
Answer: 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.
14. 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?
Answer: 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.
15. How is a child defined for the purpose of Paternity leave for Child adoption/ Child adoption leave?
Answer: 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.
16. Whether women employees of
Public Sector undertakings/
Bodies etc. are entitled to
CCL?
Answer: 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.
17. Whether Govt. servant can be
permitted to leave station/go
abroad while on CCL?
Answer: 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.
18. What is the intention behind
the instruction that CCL is to
be treated like EL and
sanctioned as such?
Answer: 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.
19. Whether child care leave has
been extended to female
industrial employees?
Answer: 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.
20. 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?
Answer: 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.
No comments:
Post a Comment