Leave Rules for Government Servants

Central Civil Services (Leave) Rules, 1972

• Applicable to Government servants appointed to civil services and posts in connection with Union affairs, unless otherwise stated.
• These rules may be called the Central Civil Services (Leave) Rules that came into effect on June 1, 1972
• The rules are updated and accurate as of September 24, 2024

Extent of Application

• Not applicable to railway workers, those in casual/daily-rated/part-time employment, or paid from contingencies.
• Does not apply to workmen in industrial or work-charged establishments, members of All India Services.
• Excludes individuals locally recruited for service in foreign-based Indian diplomatic/consular establishments.
• Those employed on contract are excluded unless the contract specifies otherwise.
• Individuals with special provisions under the Constitution or any other current law are also excluded.
• Also excludes persons governed by Fundamental Rules/Civil Service Regulations or those on deputation from a State Government for a limited period.

Definitions

• Administrator: An Administrator of a Union Territory.
• Audit Officer: The Accounts and Audit Officer in charge of the Government servant's office circle, regardless of designation.
• Authority competent to grant leave: Authority specified in Column (3) of the First Schedule, based on the leave type specified in Column (2).
• Completed years of service/one year's continuous service: Continuous service under Central Government, including duty and all leave types.
• Date of retirement/date of retirement: The afternoon of the last day of the month the Government servant reaches retirement age.
• Department of the Central Government: A Ministry or Department, as notified, and includes specific offices like the Planning Commission and Secretariats.
• Disability includes "specified disability", "benchmark disability" and "disability having high support needs" under the Rights of Persons with Disabilities Act, 2016.
• Foreign service: Service where a Government servant's pay comes from a source other than the Consolidated Fund of India/State/Union Territory.
• Form: A Form included in the Second Schedule of these rules.
• Government servant in quasi-permanent employ: An officer declared eligible by the Union Public Service Commission and appointed to a temporary or officiating vacancy expected to become permanent after 3 years of continuous service and also an officer declared as quasi-permanent under the Central Civil Services (Temporary Services) Rules, 1965.
• Government servant in permanent employ: An officer holding or with a lien on, a permanent post, or who would have held a lien if it wasn't suspended.
• Head of Mission: Ambassador, Charge d' Affaires, Minister, Consul-General, High Commissioner, or equivalent declared by the Central Government.
• Military Officer: A commissioned or junior commissioned officer (including honorary) of the Army, Branch List Officer/rating of the Navy, or airman (including Master Warrant Officer) of the Air Force.
• Vacation Department: A department or part of a department with regular vacations, allowing Government servants to be absent from duty.

Words and Expressions

• Words/expressions not defined in these rules but in Fundamental/Supplementary Rules, are assigned meanings as per those rules.

Government Servants on Temporary Transfer or Foreign Service

• Governed by CCS (Leave) Rules during temporary transfer to Indian Railways or a State Government, or on foreign service within India.
• When on foreign service outside India (including UN agencies) or temporary transfer to the Armed Forces, the rules apply as per the foreign service/transfer terms.

Transfer From Services or Posts Governed by Other Leave Rules

• Permanent Government servants not subject to CCS (Leave) Rules, when transferred temporarily to a service/post governed by these rules, will still remain subject to prior leave rules.
• Military Officers not in permanent civil employ who elect civil rates of pay, leave is regulated as per these rules. Upon release/discharge from Armed Forces, the annual leave balance is carried forward.

Transfer to Industrial Establishment

• Upon appointment to an industrial establishment governed by the Factories Act, 1948, competent authority will issue cash equivalent of leave salary order of earned/half pay leave (max. 300 days). The cash granted is the leave salary plus dearness allowance on the cessation date.
• When there is a return to the post/service to which the Central Civil Services (Leave) Rules, 1972 apply, the benefit of cash equivalent of leave salary payable under Rule 39 is modified.
• On superannuation, encashment of leave is subject to the condition that the number of days of both earned leave/ half pay leave for which encashment already allowed/ number of days of earned leave/ half pay leave to be encashed does not exceed 300 days.
• On premature retirement cash equivalent of unutilized earned leave/ half pay leave is subject that the number of days of earned leave/ half pay leave for which encashment has already been allowed/the number of days of earned leave/half pay leave to be encashed does not exceed 300 days.

Right to leave

• Leave cannot be claimed as a right.
• Leave may be refused/revoked by the granting authority if public service requires.
• The authority cannot change the leave’s type unless requested in writing by the Government servant.
• Leave under Rule 20 shouldn’t be refused/revoked without consulting the Medical Authority, whose advice is binding.

Regulation of claim to leave

• A Government servant's leave claims are regulated by rules in force when applied for/granted.

Effect of dismissal, removal or resignation on leave at credit

• Claims to leave balance are voided for Government servants dismissed, removed, or resigned, except as in Rule 39.
• Resignation is required before taking a new post that doesn’t cause loss of leave if application forwarded through proper channel.
• Service before dismissal/removal shall be counted towards leave for reinstated Government servants.
• Re-employed retirees counting past service for pension can count it towards leave.

Commutation of one kind of leave to another

• The authority granting the leave may, at the request of a Government servant, convert it retroactively into another type if admissible when granted.
• Government Servant don’t count such commutation as a matter of leave.
• Requests will not be honored if not received w/in 30 days of joining duty post leave.
• The commutation is subject to leave salary adjustment; excess payments will be recovered, and arrears paid.
• Extraordinary leave on medical certificate/otherwise may be commuted retroactively into leave not due under Rule 31.

Combination of different kinds of leave

• Except as stated, any leave type may be combined or taken consecutively with other leave types.
• Casual no considered as a leave won’t combine other leave.

Maximum amount of continuous leave

• No Government servant will be granted any kind of leave over 5 years continuously.
• Unless determined otherwise, anyone absent over 5 years (excluding foreign service), with/without leave, is deemed to have resigned.
• A reasonable chance to explain the absence must be provided before invoking sub-rule (2).
• This doesn't apply to those on medical leave for a disability.

Acceptance Of Service Or Employment While On Leave

• Government employees on leave, or in leave preparatory to retirement, besides those privately practicing or those who have permission to perform such tasks as light literary work, or similar employment, are not to engage in any external service.
• The President’s permission is needed when activity happen outside of India, or, if the proposed employment is inside of India, then the permission of the original employing authority is needed.
• Government servants on leave, besides for those preparing for retirement, won't be permitted to take up other service/employment.
• In certain scenarios, employee’s service may be temporarily transferred from parent location to new job; it can also be required to leave employment before beginning new work.
• Those on leave preparatory to retirement may not take private employment, yet they may engage in Public Sector Undertaking work/ body in Clause (a)of sub-rule (2) of Rule 38.

When the leave is cancelled

• Where a Government servant who proceeded gets employment under Central Government either within or outside of India before retirement, and is willing to come, the unexpired part of the leave is cancelled from date of rejoining.

Application For Leave

• Any application for leave extension should be Form 1 given to competent granting authority.
• Where a Government servant can’t submit an application for submitting the document can be signed and given by the spouse, parents, a minor etc.

Leave account

• Every Government servant stores a leave account at each Office/Audit Head, except as provided in the Note below.

Verification of title to leave

• No leave goes to civil worker until a report regarding its permissibility comes from managing account.

Grant of leave on medical certificate to Gazetted and non-Gazetted Government servants

• A Gazetted Government servant should contain an official certified from medical practitioners of specified hospitals, while non-Gazetted Government can take a Medical cert in Form 4 from authorized practitioners.
• For civil employee w/ impairment, official should affirm nature and degree in Form 3-A.

Leave to a Government servant who is unlikely to be fit to return to duty

• If Medical Authority says civil employee isn’t likely to return to duty, leave needs to be refused. The person may have leave if due.

Commencement and termination of leave

• Begins on the day transfer is effective and stops day before charge is resumed.

Combination of holidays with leave

• The Government servant is taken to have been permitted to leave station before, or back when transfer either requires handling properties/ funds and their early departure entail transfer to their home.

Recall to duty before expiry of leave

• Compulsory in all that are the Government servant is allowed to take a duty and draws travel benefits.

Return from leave

• An employee never returns from a time away unless authorized.

Absence after expiry of leave

• No leave salary happens after granted end; time without given as half-pay to extent, or added as leave because of circumstances.

Earned leave for Government servants serving in Departments other than Vacation Departments

• Employees in non-Vacation Divisions get credited advance in installment of 15 days at both the first day of January and July. If the worker is employed at the company, paid out to him is time with central official with permission.
• At end of year credit shall have a 300-day cap.
• While employed in a service when a worker has an amount of service, paid for is a period, the rate would have had a 300-day cap.
• Worker can be granted 180 days while serving in India only if he shows in his records no difficulties (and it is not due to medical reasons) to avoid such service.

Calculation of Earned Leave

• A sum from service account of each person at rate of 2 ½ for every month with year; this can be changed.

Earned leave for persons serving in Vacation Departments

• People employed in vacation-based divisions have advances of 5 every January/July, not including officials in the military.
• Amount of annual vacation is given to the total sum.

Half pay leave

• For people employed at divisions on payment, a certain amount of funds goes in as a rate.
• Is equal to 5/3 to the day one is due to end up on that day.

Commuted leave

• An employee who has paid leave might take up half at their own doctor subject if there's a good prospect of their coming back/ that they are not officers in the military.
• In terms of what a person might seek to use to return service when a resignation means to return to get treatment, cash must pay at a small rate with a fixed pay amount.

Leave not due

• When going to retirement, paying for leave that employee is entitled to limited to at most, the amount to be owed.

Extraordinary leave

• Unusual cases when a worker can not be on-site/ as needed so the worker gives paid on this extraordinary.

Leave to probationer, a person on probation and an apprentice

• A person on probation needs some type with some law to be for certain service or another so that they get money.

Persons re-employed after retirement

• For people after the service that get contracted again or were working at that first date get service.

Leave preparatory to retirement

• Worker might use his time away and what they are entitled to that needs an end.

Encashment of Earned Leave Along With Leave Travel Concession While In Service

• The government employee will claim up to ten days to obtain the concessional travel while that they are available to go on a thirty day is on your name; aggregate time isn't to have been 60 at most.

Leave/Cash Payment in Lieu of Leave Beyond the Date of Retirement, Compulsory Retirement or Quitting of Service

• All of a payment can happen on the worker but cannot happen due to any retirement that is not in any job that is similar.

Cash Equivalent Of Leave Salary In Case of Death in Service

• Government servant receives cash equivalent of leave salary as per certain rules.

Cash equivalent of leave salary in case of invalidation from service

• A worker who is told can get as much as 300 as he gets leave paid to him.

Cash equivalent of leave salary in case of permanent absorption in public sector undertaking/autonomous body wholly or substantially owned or controlled by the Central/State Government

• A paid employee can take a job at a firm or have an equivalent of leave at his disposal or has those kinds due in that event.

Leave Salary

• In order to know what each one's pay is and which country he lives in may be asked.

Advance of Leave Salary

• The payment from income tax may also apply given what one expects for the home.

Maternity Leave

• At each point a civil employee will have funds for a time where the worker will pay what the doctor suggests.

Paternity leave

• Men can too, be employed at the business, as it is seen, where the official is well funded - or even with the doctor - some leave happens.

Paternity leave for child adoption

• On the male side, men take the role with 15 days that they are permitted for taking responsibility from medical care etc; the worker will have rights that he should have for his home.

Special Leave connected to inquiry of sexual harassment

• It can only be for the government to give the okay of their people.

Departmental Leave

• There are types for the government and their different groups that they belong, if in each year leave may be provided.

Conditions for grant of study leave

• May only permit their workers time to get the ability to study subjects for the role.

Sanction of study leave

• In another to do the request of other with good work, they need the right time

Accounting of study leave and combination with leave of other kinds

• If any amount of years is missed by either force , they must be right time with other good, there to get paid in place.

Admissibility of allowances in addition to study allowance.

• From one-to-one basis the house rent of how worker can rent that may be.

Resignation or retirement after study leave or non-completion of the course of study

• If a paid official will not then he will go for what is to become after he could not give an official that the group needed more.

Interpretation

• Where a lack will go to what the men set to make clear any doubts

Repeal and saving

• Some form of document will to take control but not to not follow.

This resource covers leave rules for government employees, including refusal/revocation conditions, applicable rules based on service, handling leave balance upon resignation, and service counting eligibility after dismissal. It also addresses leave commutation timelines, financial adjustments, the impact of dismissal on leave balance and leave encashment during LTC.