Friday, 3 January 2014

FR & SR Part III 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. 

Source: CG Staff News

Different Types of Leave available to central government employees…

Different Types of Leave available to central government employees and a brief description of each leave.

1.   Earned Leave

2.   Half Pay Leave

3.   Commuted Leave

4.   Leave Not Due

5.  Maternity Leave

6.  Paternity Leave

7.  Study Leave

8.  Extra Ordinary Leave

9. Casual Leave

10.Child Care Leave

11.Hospital Leave

12.Vocational Department Staff Leave

13: Special Disability Leave

14. Child Adoption Leave

15. Leave to Probationers

16. Leave to Apprentices

1. Earned Leave:-   Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave :-  All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave:-   This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest. 
It can be taken  up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due:-  This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate  if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry.  It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and  due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave :-  Maternity leave is granted to women government employees. 

1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children. 

2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs. 

The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave :- A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave:- Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant. 

The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave. 

The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells. 

Study leave will not be debited to the leave account and may be combined with other leave due. 

Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave :- Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and  EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave :- In a calendar year eight days of casual leave is permissible. 
Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave. 

(ii) It cannot be combined with joining time. 

(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave. 

(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave. 

(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period. 

(vi) Casual Leave can be taken for half day also.

(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances. 

(viii) LTC can be availed during Casual Leave. 

(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave :- Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) 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.. 

Conditions for Child Care Leave 

1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave. 

2. It can be availed in more than one spell. 

3. It can not be debited against the leave account. 

4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave:- Hospital leave is admissible to Group 'C' employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group 'D' Employees. 

Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement :- The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of 'earned leave'. 

No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave :- Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or  caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted. 
May be combined with any other leave. 
Will count as service for pension. 
Will not be debited to the leave account.

14. Child Adoption Leave:-  Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave. 

It may be combined with leave of any other kind.

Leave not debited against the leave account.

15. Leave to Probationers :- A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices :- Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship.

Courtesy: 90paisa.blogspot.in

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How India Post plans to stay relevant as emails take over



India Post has grand plans for 2014. It launched two new parcel services recently - Express Parcel and Business Parcel - which it hopes will generate Rs 100 crore in annual revenue. It is working closely with e-commerce players. It has also begun a campaign urging people to send New Year greeting cards by post.

P Gopinath, Secretary, Department of Post, Ministry of Communications & Information Technology, lists out India Post's plans for 2014. "We will complete the networking of almost 25,000 departmental post offices across the country. The roll out of core banking solutions in the post office savings bank and an ATM network across the country is also on the cards. The other new initiatives include central server based applications for post offices, mail offices, administrative offices and pay and accounts offices and setting up of 28 new parcel hubs across the country to handle the e-commerce traffic."

There has been a lot of buzz around India Post's new positioning. Under Project Arrow, 2,515 post offices across the country have been modernised under a branding programme.

"In the current financial year, 110 Post offices are being modernised under Project Arrow. The project, which has a core operationsmonitoring system for savings banking and mail services, has played an important role in enhancing the image of the Post office in the minds of the people," adds Gopinath. Project Arrow received the Prime Minister's Award for Excellence in Public Administration for year 2008/09.
 
India Post, among its other new initiatives, plans to open 21 more Village Post Offices in 2013/14. By the end of 2015, it will add 80 more village post offices.
 
With snail mail diminishing and emails taking over, what does India Post plan to do to retain its relevance? "There is no doubt that personal communication in printed form has declined and will further decline in the years to come," says Gopinath. "This is a global phenomenon and India is no exception.
 
Mail, however, is being re-invented in its e-avatar. We are going to launch the e-Summons service for the judiciary wherein the acknowledgement for the delivery of court summons shall be transmitted and delivered through e-Post.
 
The court server will be automatically updated after a particular summon has been delivered on a particular date. This will help speed up court cases as proof of those who have been summoned will be available with the judiciary in real time and no excuse for non-receipt of summons will come in the way of delay in court hearing." She adds: "Similarly, through e-post the education departmentcan send communications to all its teachers who are located in various parts of a district/state."

Gopinath is also banking on physical greeting cards. "Greetings sent through email or SMS/MMS are generally deleted as these choke the inbox," she says.

"The emotions conveyed through printed greeting cards are precious particularly if these are sent by near and dear ones and will be cherished by the receiver long after the sender may have forgotten them. The greeting card to a grandchild becomes more valuable if a My Stamp [personalised stamp] postage stamp containing the grand mother and grand father's photo is affixed. If a child is born, parents should affix his/her photo on a My Stamp and send a card announcing the new arrival. Not only will near and dear ones get the information about the new addition to the family, but they will also see the photo of the new born in My Stamp."

-As told by P. Gopinath, Secretary, Department of Post, to Business Today's Arunima Mishra.