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F.R. & S.R.

– PART III
CENTRAL CIVIL SERVICES

LEAVE RULES
EXTENT OF APPLICATION
• These rules shall apply to Govt. servant
appointed to the civil services and posts in
connection with the affairs of the Union
• These Rules shall not apply to :-
a) Railway servants
b) casual / daily-rated / part-time employment.
c) Persons paid from contingencies
d) Workmen employed in industrial
establishments
e) Workmen 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
GENERAL CONDITIONS
• 7. RIGHT TO LEAVE:
1) Leave cannot be claimed as of right
2) When the exigencies of public service so
required, leave of any kind may be refused or
revoked by the authority competent to grant
it, but it shall not be open to that authority to
alter the kind of leave due and applied for except
at the written request of the Government servant
• 8. Regulation of claim to leave:
A government servant’s claim to leave is
regulated by the rules in force at the time the
leave is applied for.
• 9. Effect of dismissal, removal or resignation
on leave at credit:
1) Any claim to leave to the credit of a govt.
servant, who is dismissed or removed or who
resigns from govt. service, ceases from the date of
such dismissal, removal or resignation.
2) where a Govt. servant applies for another
post under the Govt. of India but outside his
parent office or department and if such
application is forwarded through proper
channel and the applicant is required to resign his
post before taking up the new one, such
resignation shall not result in the lapse of the
leave to his credit
3) A Govt. servant, who is dismissed or removed
from service and is reinstate on appeal or
revision, shall be entitled to count for leave his
service prior to dismissal or removal, as the case
may be.
4) A Govt. servant, who having retired on
compensation or invalid pension or gratuity is
re-employed and allowed to count his past service
for pension, shall be entitled to count his former
service towards leave.
10. Commutation of one kind of
leave into another
1) At the request of the Govt. servant the
authority which granted him leave may
commute it retrospectively into leave of a
different kind which was due and admissible
to him at the time the leave was granted, but
the Govt. servant cannot claim such
commutation as a matter of right.
( If such a request is received within a
period of 30 days of rejoining duty after the
particular spell of leave)
2) The commutation of one kind of leave into
another shall be subject to adjustment of leave
salary on the basis of leave finally granted to
the Govt. servant, that is to say, any amount paid
to him in excess shall be recovered or any arrears
due to him shall be paid

– Commutation of leave of one kind into leave


of another kind cannot be done after the
employees cease to be in service
11. Combination of different kinds of
leave
• Except as otherwise provided in these rules, any
kind of leave under these rules may be granted in
combination with or in continuation of any other
kind of leave.
( Casual leave which is not recognized as leave
under these rules shall not be combined with any
other kind of leave admissible under these rules)
• Maximum amount of continuous leave – 5 years
GRANT OF AND RETURN FROM
LEAVE
• Application for leave or for extension of
leave shall be made in Form – 1 to the
authority to grant leave.
• A leave account shall be maintained in
Form 2 for each Govt. Servant by the
Audit Officer in the case of Gazetted Govt.
Servants and by the Head of Office or an
Officer authorized by him in the case of
non-Gazetted Govt. Servants.
Verification of title to leave:
• No leave shall be granted to a Govt. Servant
until a report regarding its admissibility has
been obtained from the authority maintaining
the leave account.
• Leave shall not be granted to a Govt.
Servant who is likely to be dismissed,
removed or compulsorily retired.
• Leave shall not be granted to a Govt.
Servant under suspension.
RETURN FROM LEAVE:
• An employee on leave including leave
preparatory to retirement shall not return to
duty before expiry of leave unless he is
permitted to do so by the sanctioning
authority.
• An employee who is on leave on medical
certificate will be permitted to return to duty
only on production of a medical certificate of
fitness in Form 5
LEAVE TO AN EMPLOYEE WHO IS UNLIKELY
TO BE FIT TO RETURN TO DUTY
(Permanently Incapacitated)
• All leave to the extent permissible, including extra-
ordinary leave may be granted to him
• He may not be invalidated from service or reduced
in rank
• If he is not suitable for the present post, he could
be shifted to some other post with the same pay
scale and service benefits. If not possible to adjust,
he may be kept on supernumerary post until post
become available or his superannuation whichever
is earlier.
• No promotion shall be denied.
ABSENCE FROM DUTY AFTER
EXPIRY OF LEAVE
• The period of overstayal is debited to half-pay
leave account to the extent due, and the
period in excess thereof being treated as EOL
• The employee will not be entitled to leave
salary for the whole period of overstayal.
• He will be liable to disciplinary action in case
of willful absence
KINDS OF LEAVE DUE AND
ADMISSIBLE
• EARNED LEAVE: Earned Leave is credited in
advance in two installments (w.e.f 1.1.1977)
On 1st January - 15 days
On 1st July - 15 days
• The credit to be afforded will be reduced by
1/10th of EOL availed and/or period of dies
non during the previous half year, subject to a
maximum of 15 days.
• The credit for the half-year in which a Govt.
Servant is appointed/ is due to retire or resign
from the service will be afforded @ 21/2 days
for each completed calendar month of service
he is likely to render in that half-year
• The credit for the half-year in which a Govt.
Servant is removed/dismissed from service or
dies in service, will be afforded @ 21/2 days
for each completed calendar month up to the
end of the calendar month preceding the
month in which he is removed/dismissed/dead
• Fraction of a day should be rounded off to the
nearest day .
• Earned leave can be accumulated up to 300
days ( w.e.f. 1.1.1997)
• Earned Leave can be availed up to 180 days
at a time. ( 300 days as leave preparatory to
retirement)
• Unavailed Joining time (subject o a maximum
of 15 days ) shall be credited to the EL
account.
HALF PAY LEAVE
• Half Pay Leave is credited in advance in
two installments (w.e.f 1.1.1987)
On 1st January - 10 days
On 1st July - 10 days
• The credit to be afforded will be reduced
by 1/18th of the period of dies non/
suspension treated as dies non during
the previous half year, subject to a
maximum of 10 days
• The credit for the half-year in which a Govt.
Servant is appointed/ is due to retire or resign
from the service will be afforded @ 5/3 days
for each completed calendar month of service
he is likely to render in that half-year
• The credit for the half-year in which a Govt.
Servant is removed/dismissed from service or
dies in service, will be afforded @ 5/3 days for
each completed calendar month up to the end
of the calendar month preceding the month in
which he is removed/dismissed/dead
• HPL can be availed on Private affairs or on
Medical certificate
• The grant of HPL to a temporary Officials is
subject to the sanctioning authority satisfying
himself that the official will return to duty after
its expiry.
• Fraction should be rounded off to the nearest
day
LEAVE ENTITLEMENT IN
VACATION DEPARTMENT
• Leave entitlement of vacation depts. Other than
earned leave, are the same as those serving in
non-vacation depts. No Earned Leave will be
admissible if full vacation is availed
• If certain portion of the vacation is availed, the
entitlement of EL may be computed as:-
EL Entitlement = Vacation not enjoyed x 30 days
No. of days in vacation
NB: Non-availing should be due to general or a special order
asking him to forgo the vacation.
COMMUTED LEAVE
• Commuted leave not exceeding half the
amount of HPL due can be taken on medical
certificate.
• Commuted leave can be granted only when
the leave sanctioning authority is satisfied that
there is a reasonable prospect of the Govt.
Servant returning to duty on its expiry and
twice the number of days availed should be
debited in the Half Pay Leave account.
• Commuted leave can be taken without
medical certificate:
a) up to a maximum of 90 days in the entire
service if utilized for an approved course of
study certified o be in public interest.
b) up to a maximum of 60 days by a female
Govt. servant if it is in continuation of
maternity leave.
c) Up to a maximum of 60 days by a female
Govt. servant having less than two surviving
children if she adopts a child less than one
year old.
LEAVE NOT DUE
• Leave Not Due may be granted to a
permanent Govt. servant limited to a
maximum of 360 days during the entire
service on Medical certificate and subject to
the following conditions:-
a) the leave sanctioning authority is satisfy
that there is a reasonable prospect of the
Govt. servant returning to duty on its expiry
b) it shall be limited to HPL that the Govt.
servant is likely to earn subsequently.
c) It shall be debited against the HPL that the
Govt. servant may earn subsequently.
• LND (not exceeding 360 days during entire
service) may also be granted to temporary
officials with minimum of one year’s service
and suffering from TB, Leprosy, Cancer or
Mental illness if the post from which the
official proceeds on leave is likely to last till
his return and also on fulfillment of the
conditions prescribed for permanent Govt.
servants.
EXTRAORDINARY LEAVE(EOL)
• EOL is granted to a Govt. Servant :-
a) When no other leave is admissible
b) When other leave is admissible, but the
Govt. Servant applies in writing for EOL

• For temporary officials, the limit on any


occasion is:-
a) Up to 3 months with or without MC
b) Officials with a minimum of one year’s
continuous service:- Up to 6 months with
Medical Certificate for common ailment
c) Officials with 3 or more year’s continuous
service :- Up to 24 months where the
leave is required for the purpose of
prosecuting studies to be in public interest
d) Officials belonging to SC/ST:- HoD may
grant leave exceeding 3 months if the
purpose is for attending the Pre-Examination
Training Course at the centres notified by
he Govt. from time to time.
• Two spells of EOL, intervened by any other
kind of leave should be treated as one
continuous spell for the purpose of applying the
maximum limit.

• EOL may also be granted to regularize periods


of absence without leave retrospectively.

• No leave salary is payable during EOL


MATERNITY LEAVE
• Admissible to married/unmarried female
employees during :-
a) Pregnancy- 180 days admissible only to
employees with less than two surviving
children
b) Miscarriage/abortion(induced or
otherwise) :- 45 days (irrespective of
surviving children) during the entire service
on production of medical certificate
• It may be combined with leave of any kind
• In continuation of Maternity Leave, leave of any
kind due and admissible( including commuted
leave up to 60 days and Leave Not Due) up to
a maximum of two years may be granted
without Medical Certificate
• It shall not be debited against the leave account
• Not admissible for ‘threatened abortion’
PATERNITY LEAVE
• Admissible to male Govt. Servant with less than
two surviving children for a period of 15 days.
• It shall be availed up to 15 days before or up to
6 months from the date of birth of the child. If
not availed within this period, it shall be treated
as lapsed.
• May be combined with leave of any other kind
• It is not to be debited to the leave account.
CHILD ADOPTION LEAVE
• Admissible to female Govt. Servant with less
than two surviving children on valid adoption of
a child below the age of one year for a period of
180 days immediately after the date of valid
adoption. ( In case of male Govt. Servant, 15 days
within a period of 6 months from the date of valid
adoption)
• Leave salary equal to pay drawn immediately
before proceeding on leave, could be combined
with leave of any other kind, shall not be
debited against the leave account.
CHILD CARE LEAVE
• Admissible to women employees having minor
children ( below the age of 18 years) for rearing
or to look after their needs like examination
• Maximum period – 2 years (i.e. 730 days)
during the entire service for taking care of up to
two children
• Leave salary equal to pay drawn immediately
before proceeding on leave
• May be combined with leave of the kind due
and admissible
• May be availed in more than one spell, but not
more than 3 spell in a calendar year
• Shall not be debited against the leave accounts
but the leave accounts for Child Care Leave.
• Shall be maintained in the prescribed proforma
and it shall be kept along with the Service Book
of the Govt. servant Concerned
• It can be availed even if the employee
concerned has Earned Leave at the credit.
• Child Care Leave may not be granted for less
than 15 days
LEAVE SALARY
• During E/L and Commuted Leave :- Equal to
pay drawn immediately before proceeding on
leave
• During HPL or LND :- Equal to half the amount
of leave salary on Earned Leave
• During EOL :- Not entitled to any leave salary
• During Maternity/Paternity Leave :- Equal to
pay drawn immediately before proceeding on
leave
STUDY LEAVE
• To whom granted :
May be granted to a Govt. Servant-
i) who has satisfactorily completed period of
probation and has rendered not less than five
year’ regular continuous service including the period
of probation under the government
ii) who is not due to reach the age of super-
annuation from the Govt. service within 3 years
from the date on which he is expected to return
to duty after the expiry of the leave
iii) who executes a Bond as laid down in Rule
53(4) undertaking to serve the Govt. for a
period of three years after the expiry of the
leave
• Study leave not granted :
i) for studies outside India, if adequate facilities
for prosecution of such studies are
available in India
ii) to an official who is due to retire or has the
option to retire within three years of his
return to duty after the study leave
iii) for any course, with such frequency as to
remove him from contact with his regular
work or to cause cadre difficulties owing to
his absence on leave

• Study leave is admissible for employees


pursuing :
i) studies connected with or background of
public administration
ii) a post-graduate course by a specialist or
technical person
iii) studies which may not be closely or directly
connected with the work of an employee,
but which are capable of widening his mind
and improving his ability as a civil servant

iv) a Ph.D. course on a research thesis, by an


officer of IES or ISS officer

v) a post- graduate course in Medical Science


by a Medical Officer
• Maximum amount of Study Leave :
1) Ordinarily 12 months at any one time
2) during his entire service, 24 months in all, at
a stretch or in different spells
3) Study Leave can be combined with other
kinds of leave and vacation provided the
total period of absence ( excluding EOL)
shall not exceed 28 months generally and
36 months in case of Ph.D. courses. This
leave will not be debited to the leave
account.
• Regulation of Study Leave extended beyond
course of study:
If the course of study falls short of the study
leave granted to an employee, he shall resume
duty on the conclusion of the course of study.
The employee may obtain prior sanction of the
leave sanctioning authority to treat the period
of shortfall as ordinary leave
LEAVE SALARY AND OTHER
BENEFITS:
• Leave availed of outside India : Pay last drawn while
on duty with Govt. immediately before proceeding on
such leave plus DA , HRA, Compensatory (City)
allowance and in addition, study allowance as
admissible
• Leave availed of in India : Pay last drawn while on
duty with Govt. immediately before proceeding on
such leave plus DA , HRA, Compensatory (City)
allowance ( no study allowance).
Stipend, Scholarship or remuneration for part-
time employment during the period of study
leave will be adjusted against the leave salary
subject to the condition that the leave salary will
not be less than that admissible during half pay
leave.
Note: HRA and CCA are payable for the first
180 days at the rates applicable at the last
place of duty; continuance beyond 180 days will
be subject to the production of prescribed
certificates for the drawal.
• An officer who has gone abroad on study leave
should not be permitted to accept any foreign
assignment/consultancy abroad in continuation
of study leave.
• Employees granted study leave shall not
ordinarily be entitled for T.A. or cost of fees for
study except in exceptional circumstances.
• Conveyance allowance- not admissible during
study leave and holidays prefixed or suffixed to
such leave
• Transport Allowance – not admissible
If the employee after availing
study leave:
i) resign from service or otherwise quits service
without returning to duty; or
ii) resign or otherwise quits the service within 3
years after returning to duty from study
leave
iii) fails to complete the course of study
he will be required to refund :
a) the actual amount of salary, study allowance
cost of fees, T.A. and other expenses, if
any, incurred by the govt.
b) the actual amount, if any, of the cost
incurred by other agencies such as Foreign
Govts. Foundations and Trusts in connection
with the course of study. This will be together
with interest thereon at the prescribed rates
before his resignation is accepted or
permission to retire is granted or his quitting
service otherwise

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