HP Leave Rules PDF - 2002

ACKNOWLEDGEMENT Any administration backed by the use of ad-hoc measures and whimsical orders from the lack of knowledge of Rules, Regulations and Instructions as also from improper skill to interpret and to execute them is bound to leave the employees discontented. Himachal Pradesh Institute of Public Administration , Shimla (HIPA) has, therefore, always remained in hunt for employing various methods for updating the knowledge and sharpening the skill of the administering officers and assisting staff of the State of Himachal Pradesh. Under the aegis of UNDP and the Government of India, Department of Personnel and Training, New Delhi, HIPA conducted Training Needs Analysis of various categories of the civil servants in the State of Himachal Pradesh. During the conduct of training needs of the employees, it revealed that personnel matters still find a lion’s share. Therefore, it was considered necessary to equip the officers and staff deciding and dealing with the provisions of establishment Rules and instructions on the subjects besides inculcating in them the skill to apply these. However, large number of the civil servants have scarcity of time and means and vastness of the service matters did not allow us to venture into fulfilling whole of such requirements. Obviously, it was also not possible for us to prepare a package of class-room training for all. As a step ahead, HIPA, therefore, decided and prepared training modules in the following three most important aspects of service matters:- ⇒ Pay Fixation, ⇒ Leave Rules and ⇒ Pension Rules These modules are the outcome of mammoth labour, wide-ranging research and significant care. These modules have been drafted with the belief that these will go a long way in finalizing personnel matters of the civil servants promptly, fairly and in their right perspective. On the basis of long deliberations during the workshops and suggestions received from the experts and faculty members on Finance and Accounts at HIPA, a module after its validation by a penal of experts, finally prepared a module on “Leave Rules” which is in your hands. The module has been prepared in self-instructional mode and with the belief that time and travel cost would be saved.. I would like to place on record the appreciation for the excellent work done by Shri B.M. Gupta, Assistant Controller (Finance and Accounts), HIPA who has taken a lot of pains in drafting this module by working day and night for months together in bringing this module out by his hard work. He also deserves my gratitude for the entire word-processing job employed in this task. I would also like to place on record my appreciations for giving valuable suggestions provided by Sh. V.K. Sood, Retd., Controller, Finance and Accounts, Department of Personnel, HP Government, Shri B.D.Lath,. Audit Officer, National Academy of Audit and Accounts, Shimla and Shri H.R.Verma, Deputy Controller (F&A), H.P.Tourism Development Corporation, Shimla, for validating this module by devoting and sparing their valuable time. I also place on record my sincere thanks to Dr. Kailash Walia, Retd. Principal for giving his services for editing the module. I am also grateful to Shri A.D. Negi, Deputy Controller(F&A), Shri Moti Ram Verma and Shri K.K. Sharma, Assistant Controllers(F&A) of the Institute for scrutinizing the preliminary draft of the module. My sincere thanks are also to the participants who attended the Pilot-Run workshops of this module for their hard work while on their job and also suggesting valuable rectifications, language use and filling the gaps in the presentation of the draft module. Names of these valuable contributories are given in the Annexure. I would also like to place on record my appreciation for the untired efforts, support and contributions made by Shri S.S. Panwar, Programme Officer, UNDP, HIPA at various stages of drafting, editing, preparation, managing and timely presentation of this module. The work was done by him with great devotion to duty. Last, but not the least, I am extremely grateful to the United Nations Development Programme(UNDP), New Delhi and the Training Division, Department of Personnel and Training, Govt. of India, New Delhi for financing this project as well as their continuous moral and academic support without which the Institute could not have even thought in this direction. I believe this work of HIPA will prove to be a milestone in handling personnel matters efficiently and effectively in all State and Semi-Government Organisations at various levels of official hierarchy. Director, Shimla Himachal Pradesh Institute of Public Administration, 18th October, 2002 Fairlawn, Shimla-171 012. 2 INTRODUCTION TO THE PACKAGE AND THE MODULE: Dear Learner, Efficiency in Administration is need of the hour. Efficiency can be ensured through constant touch with the latest developments in the related area. We recently conducted a study on training needs of various categories in the government offices. This inter-alia included the ministerial categories of government servants as also the Heads of Offices. We found that their training needs mostly & commonly revolve around the personnel matters. Obviously, we cannot jump into the entire bulk in one go. We sorted out these needs further and found that not less than 75 to 80% of personnel matters in every office relate to three aspects – Pay fixations, Leave cases and Pensionary benefits. Our study further revealed that the number of persons to be trained is quite large. It was not possible to prepare a package of face-to-face training for all, as that would have taken a long time. As an alternative to face-to-face class-room training, we therefore, decided to launch a training programme through Distance Learning. And, therefore, we feel immense pleasure in bringing for you a package of three important aspects of personnel matters – Pay Fixation, Pension and Leave. The second in the chain of these - Module on Leave Rules, is now in your hands. For the convenience of study, we have divided the module in two units. In Unit-I, we will discuss different kinds of leave available to the government servants to whom the Central Civil Service(Leave)Rules, 1972 are applicable. Here we have taken care to differentiate between various kinds of leave. We have also focused our attention on actual entitlements of different kinds of leave, method of calculation and leave salary payable for each. Unit-II of the module takes care of the regulations and procedures governing the leave. Here we have discussed some general regulations pertaining to leave. We have also deliberated on some procedural requirements such as leave applications, leave on medical certificates etc. Maintenance of leave account also finds place in this Unit. While working on this module, you are to take care of one point. We have used the term ‘quasi-permanent’ while discussing various aspects of leave. With the change in the procedure of declaring a government servant permanent, the term has become redundant. We have not skipped this term since this still appears in the Rules. We believe that you will find this module quite helpful in processing and deciding the leave cases. This compilation is purely for understanding purposes. We, therefore, 3 request you to read this with relevant rules and executive instructions. This compilation is not and should not be quoted as an authority anywhere. Last but not the least, we have taken utmost care in preparing the module. To add to the reliability of the compendium, a Team of Subject-Experts has validated this. An Edit Board has also gone through the language used to make it easily understandable and transferable. Lists of members of Validation Team, Edit Board and Pilot-Run programme are appended at Annexures A, B and C of this module. Nevertheless, you may find some deviations/mistakes that might have crept in. We look forward for your suggestions in this regard for betterment of the module in future. B.M. Gupta, th Dated 10 October, 2002 Assistant Controller(F&A) HIPA, Fairlawns, Shimla-171012 4 CONTENTS UNIT-1: KINDS OF LEAVE Pp 6-100 1.1 INTRODUCTION 1.2 OBJECTIVES 1.3 WHY LEAVE 1.4 UNRECOGNISED KINDS OF LEAVE CASUAL LEAVE SPECIAL CASUAL LEAVE COMPENSATORY LEAVE 1.5 INTRODUCTION TO C.C.S. (LEAVE) RULES, 1972 1.6 ORDINARY KINDS OF LEAVE EARNED LEAVE FOR NON-VACATIONAL STAFF EARNED LEAVE FOR VACATIONAL STAFF HALF-PAY LEAVE COMMUTED LEAVE LEAVE NOT DUE EXTRA-ORDINARY LEAVE 1.7 SPECIAL KINDS OF LEAVE MATERNITY LEAVE PATERNITY LEAVE SPECIAL DISABILITY LEAVE FOR INJURY INTENTIONALLY INFLICTED SPECIAL DISABILITY LEAVE FOR ACCIDENTAL INJURY HOSPITAL LEAVE STUDY LEAVE 1.8 POINTS TO REMEMBER 1.9 SELF ASSESSMENT QUESTIONS 1.10 SUM UP 1.11 ANSWERS TO SELF ASSESSMENT QUESTIONS 1.12 APPENDICES UNIT-II: PROCEDURES AND REGULATION OF LEAVE Pp101-133 2.1 INTRODUCTION 2.2 OBJECTIVES 2.3 LEAVE APPLICATION AND SANCTION 2.4 CONDITIONS GOVERNING LEAVE RIGHT TO LEAVE REGULATION OF CLAIM CONVERSION OF LEAVE IN TO OTHER KIND COMBINATION WITH LEAVE AND HOLIDAYS MAXIMUM SPELL OF LEAVE CURTAILMENT OF LEAVE REQUIREMENT OF MEDICAL CERTIFICATE OVERSTAYEL OF LEAVE EFFECTS OF DISCIPLINARY PROCEEDINGS ETC. SERVICE AND EMPLOYMENT DURING LEAVE 2.5 MAINTENANCE OF LEAVE RECORDS 2.6 SUM UP 2.7 POINTS TO REMEMBER 2.8 SELF-ASSESSMENT QUESTIONS 2.9 ANSWERS TO SELF ASSESSMENT QUESTIONS 2.10 APPENDICES Annexure ‘A’ List of the Members of Validation Team Pp 134-136 Annexure ‘B’ List of Members of Editing Board Annexure ‘C’ List of Participants of Pilot Run 5 UNIT –I KINDS OF LEAVE STRUCTURE 1.1 INTRODUCTION 1.2 OBJECTIVES 1.3 WHY LEAVE 1.4 UNRECOGNISED KINDS OF LEAVE CASUAL LEAVE SPECIAL CASUAL LEAVE COMPENSATORY LEAVE 1.5 INTRODUCTION TO C.C.S. (LEAVE) RULES, 1972 1.6 ORDINARY KINDS OF LEAVE EARNED LEAVE FOR NON-VACATIONAL STAFF EARNED LEAVE FOR VACATIONAL STAFF HALF-PAY LEAVE COMMUTED LEAVE LEAVE NOT DUE EXTRA-ORDINARY LEAVE 1.7 SPECIAL KINDS OF LEAVE MATERNITY LEAVE PATERNITY LEAVE SPECIAL DISABILITY LEAVE FOR INJURY INTENTIONALLY INFLICTED SPECIAL DISABILITY LEAVE FOR ACCIDENTAL INJURY HOSPITAL LEAVE STUDY LEAVE 1.8 POINTS TO REMEMBER 1.9 SELF ASSESSMENT QUESTIONS 1.10 SUM UP 1.11 ANSWERS TO SELF ASSESSMENT QUESTIONS 1.12 APPENDICES 1.1 INTRODUCTION: The present unit is the first of the module on Leave Rules. All of us are already aware of the term ‘leave’. Have you ever tried to list and count different types of leave including the kinds that are not recognized as leave? At this time, try to recall all the types of leave you know about and list them. Now match it with the list provided at 6 Appendix –I. Does it surprise you that we are linking as many as 15 types of leave? These are admissible to government servants under different circumstances. There are three broad groups for these various kinds. For the purpose of an easy understanding, therefore, these three groups have been dealt with in 3 different Sections. Each Section contains one distinct group of the kinds of leave it embraces Generally, all kinds of leave are subject to certain regulations. These regulations are contained in Unit-II of this module. However, unrecognized kinds of leave are not governed by these regulations and we will discuss this with that particular kind of leave also. 1.2 OBJECTIVES: After working through the unit, you will be able to: p list out various kinds of leave; p explain their method of credit and debit to the leave account of government servants; p describe admissibility of different kinds of leave to various categories of employees; p explain why some kinds of leave are treated as unrecognized ones; and p explain how to calculate the leave salary payable for each kind of leave. 1.3 WHY LEAVE? Rule 11 of the Fundamental Rules says that services of the govt. servants are always at the disposal of the government. This is because the government is paying them for their services. Can you think of a situation if this rule is followed in rigidity? What will happen? The government servants will never be able to attend to their private affairs. They will have to attend the office even when they are confined to bed. Or else they have to face the consequences of willful absence. You can also realize their fatigue if they go on working continuously like a revolving wheel without any change. Then. what is the alternative? The Government has taken care of such situations. It has kept definite provisions for leave to meet with them. When the government servants are granted leave, they become free from their official duties. They can refresh themselves during leave and can rejoin duties thereafter with new vigour and strength. They are not treated as absent while on leave. The government wants that everyone in the office should proceed on leave to return to work in a fresh mood. Can you say now that leave is the authorized absence of a govt. servant from official duties? 7 1.3.1 WHY DIFFERENT TYPES OF LEAVE? You have listed various types of leave. Give a thought for a while why so many types of leave have been prescribed by the government. The government has taken care of various situations under which the government servants will not be able to attend their work places. The types of leave have been provided to take care of particular situations e.g. Study leave will be needed only where it is required for higher studies in the public interest. Every kind of leave is admissible under specific circumstances. Different circumstances, therefore, necessitated different kinds of leave. In this section we will discuss various kinds of leave that are admissible to a govt. servant under various circumstances. As already mentioned above, there are as many as 15 kinds of leave that can be availed by govt. servants under different circumstances. These types can broadly be divided into three major groups: Unrecognized kinds of leave; Ordinary kinds of leave; and Special kinds of leave. Each of the above groups have been discussed in a distinct Section for the purpose of an easy understanding. Section 1.4 tells us about the unrecognized kinds. We will discuss rest of the two groups in later Sections. 1.4 UNRECOGNISED KINDS OF LEAVE There are some periods of absence of a govt. servant which are not treated as leave. You must be knowing that the govt. servants are paid their salary for the services they render to the govt. Can they be paid such salary for their leave periods too? Certainly not. Then what is to be paid to them for their leave periods? The amount payable is termed as ‘leave salary’. A govt. servant who is on leave is to be allowed ‘leave salary’ and not the ‘salary’. This leave salary is different for different kinds of leave and we will discuss that with the particular kind. However, here you must clearly understand that they are to be allowed salary and not the leave salary, when they are on any unrecognised kind of leave. Unrecognised kinds of leave include: Casual Leave; Special Casual Leave; and Compensatory Leave. 8 These kinds of leave are not strictly recognised as leave under C.C.S. (Leave) Rules, 1972. This is because of this reason that govt. servants are treated as on duty even when they are availing leave from any of these kinds. Let’s discuss these individually now. 1.4.1 CASUAL LEAVE: This is the most popular kind of leave and is first one from the unrecognized kinds. You must be knowing about it. The provision for this kind of leave has been made to take care of emergencies. Therefore, provisions for its grant are simple. It is not subject to the regulations of Leave Rules. This is granted and regulated under executive instructions of the State Government as discussed in succeeding paragraphs. Meaning: Literally saying, the term ‘casual’ means ‘sudden’. Therefore the term Casual Leave means availing of leave in emergent cases when one does not have time to wait for the sanction by his superior Officer. However, it should not be construed to mean that one could always avail casual leave without having prior sanction of one’s superior or without intimation/application about ones absence. Casual leave should be applied for on a plain paper giving therein the brief details of the grounds upon which you intend to avail it. The need for Casual leave may arise: Due to the reasons beyond one’s control e.g. self-illness, illness in the family etc. In this type of cases, casual leave may be allowed to be applied for and availed without prior sanction since the government servant could not help without it. You would notice in this case that there is no way of knowing the circumstances in advance. The leave sanctioning authority, in its discretion, may however, call for certain evidence of emergency. For reasons, which could be foreseen e.g., marriage in the family or even any other pre-fixed event. In this type of cases, casual leave should be applied for in advance and should be availed only after it has been sanctioned. Regulation of Casual Leave Admissibility of casual leave to a govt.servant is: 12 days for those who are in service on Ist January of a calendar year and will remain in service till 31st December of that calendar year. The credit of entire amount of leave is to be afforded on Ist January itself. For those who join govt. Service during the currency of a calendar year, remaining months of that calendar year are to be calculated. They will be 9 entitled to casual leave @ 1 day for each such remaining month. Let’s understand this with the help of following example: EXAMPLE: A male govt. servant joins service on 18th March 2001. As he was not in service on Ist of January. 2001, he is not entitled to full credit of 12 days casual leave for 2001. We will calculate the months of service he will be rendering during 2001. These are from April to December 2001 i.e. 9 months. He will be entitled to 9 days casual leave for the year 2001. In all such cases, the credit is to be afforded on the day of joining govt. service. Another case may be of those govt. servants who are in service on Ist of January but will retire during that year. They will also be entitled to casual leave credit @ 1 day for each month of service they will render during the year of their retirement. In such cases also, the credit is to be afforded on Ist January. ACTIVITY: Go through service books of 5 employees of your office and note down their joining dates. Now calculate the casual leave they were to be credited for the year of their joining the service. Grant of Casual Leave: Casual Leave can be granted immediately after one has become entitled to its credit. In any one spell casual leave for more than 8 days is not to be allowed. However, this condition is not to be applied rigidly in cases where leave-sanctioning authority finds special circumstances to relax it. Combination of Casual Leave Casual Leave can be combined with Sundays and other holidays. These can be prefixed1, suffixed2 or intermixed with casual leave. Casual Leave can also be combined with Restricted Holidays, Special Casual Leave and Compensatory leave. However, its combination with Special Casual Leave and Compensatory leave is subject to certain conditions that have been discussed while discussing these two kinds in succeeding Sub Sections. Casual Leave under no circumstances, barring one case as discussed in Earned Leave, can be combined with ordinary kinds of leave or special kinds of leave. The following example will help you in understanding the combination of casual leave with Sundays and holidays: 1 Day(s)coming immediately before leave 2 day(s)coming immediately after leave 10 EXAMPLE: The office remains closed on 12th, 13th and 16th of September. The govt. servant applies for casual leave for 14th & 15th September. He can be allowed to prefix 12th and 13th September to his casual leave. Likewise, he can also be allowed to suffix 16th September. Thus by taking two days casual leave, he can remain out of his duties from 12th to 16th September. The above example must have made it clear to you as to how you will process/decide the cases of casual leave where the government servants apply for casual leave in combination with Sundays and other holidays. DO YOURSELF-1: 21st October 2001 is Sunday. 26th (Friday) of the same month is Dussehra – a gazetted holiday. The office remains open on 27thOctober, 2001(Saturday). Determine and specify the dates he will need casual leave to make a spell of leave from 21-28 October 2001. Sanction: Casual Leave is to be applied for on a plain paper giving the duration of leave required and briefly the purpose for which it is required. Casual Leave can also be sanctioned for ½ day. When it is sanctioned for half a day, the lunch hours are the dividing line for determining the half-day. A govt.servant, who applies for half-day casual leave for the forenoon, should be present in the office at the time when office re-opens immediately after the lunch break. A govt. servant, who requires ½-day casual leave for the afternoon, can leave office immediately at the commencement of lunch break. Deduction for Late attendance: You are aware that govt. servants on one or the other occasion come late to the office or leave office before closing hours, on the pretexts of extraneous grounds. You also know that the govt. has already made ample provisions to take care of leave requirements of govt. servants. In view of availability of different kinds of leave, it is always expected of a govt. servant to devote full time to his duty towards the govt. Late attendance or early leaving the office is, therefore, not a healthy practice even with the permission from superiors. Of course, a person may be late to office due to late running of transport, or sudden break down of his conveyance. Such type of exigencies is always casual and you cannot expect them to occur frequently. Therefore, when the government servants come late to office or want to leave the office early, 1/3rd day’s casual leave should always be deducted from their Casual Leave account for each late arrival or early departure up to 2 hours.. However, this deduction should not be made where govt. servants attend the office late up to 1 hour due to reasons beyond their control. But this late attendance should not be for more than two occasions in a month. Suitable disciplinary action should also be taken in addition to deduction of Casual leave, in the case of late-comers. 11 Conversion into regular kind We have already discussed the combination of Casual leave with Special Casual Leave, Compensatory leave and gazetted holidays & Sundays. Instances may occur when govt. servants apply for Casual leave, proceed on leave but find after the expiry of leave unable to rejoin duties on the due date because of certain unavoidable circumstances. They apply for extension of leave and their total absence on leave exceeds the maximum limits for which casual leave could be sanctioned. Alternatively they may not have sufficient Casual leave in their account. In such cases, the govt. servants should be asked to apply for leave from amongst regular kinds of leave i.e. ordinary kinds of leave or special kinds of leave as the case may be. Their entire absence, including the casual leave already sanctioned, will be treated as regular leave. This is because of the reason that casual leave cannot be combined with regular kinds of leave. Lapse: You are aware that provision for casual leave has been kept by the govt. to take care of emergent requirements of leave by a govt. servant. This kind of leave is also not strictly recognized as leave and a govt. servant while on this kind of leave, is treated as on duty. Therefore, govt. servants must avail the casual leave at their credit during the year for which it is meant. In case the govt. servant does not avail it by 31st December of the respective year, the balance of casual leave is not carried forward. It will lapse on the closing day of the year itself. Do yourself-2: Fill in the Blanks: 1. A government servant is entitled to _______days casual leave for one calendar year. 2. A person on casual leave is paid ___________ and its period is treated as _______. 3. Unavailed casual leave lapses at the end of the ___________year. 12 Do Yourself-3: Write in the space provided whether the following statements are true or false: 1. Casual Leave is an unrecognized kind of leave. 2. Unrecognized kinds of leave are subject to the regulations of leave rules. 3. For new entrants to government service, credit of casual leave is to be afforded @ 1 day for each remaining calendar month of service of that calendar year. 4. Casual Leave can ordinarily be combined with earned leave 5. Government servants become entitled to avail casual leave from the next day of their entry to service and entire casual leave credited can be sanctioned in one go to them subject to a maximum of 8 days. 1.4.2 SPECIAL CASUAL LEAVE: In Section 1.4.1, we have seen that casual leave is admissible to the govt. servants to meet with their emergent needs of leave. Govt. has kept yet another type of leave known as ‘special casual leave’. This kind of leave is admissible to the govt. servants to take care of special kinds of unofficial duties expected from them e.g. to sports persons, trade union leaders. This kind of leave is also admissible as an incentive to promote family welfare programme of the government. Special Casual Leave also falls in the category of ‘unrecognised kinds’ and is, therefore, not subject to the regulations of C.C.S.(Leave)Rules contained in Unit-II of this module. When a govt. servant is on Special Casual leave, he is to be treated as on duty. Therefore, he is allowed ‘salary’ and not the ‘leave salary’ for such absence. The govt. has not prescribed a uniform pattern for the grant of this kind of leave. Therefore, we have discussed its admissibility individually for each purpose as follows. 1) FOR SPORTING EVENTS: Special Casual leave for sporting events is admissible: For attending coaching or training camps under Rajkumari Amrit Kaur Coaching Scheme or similar All India Coaching or Training Schemes; Attending coaching or training camps at the National Institute of Sports, Patiala; 13 Participating in mountaineering expeditions; Attending coaching camps in sports organized by National Sports Federation/Sports Boards recognized by All India Council of Sports; Participating in trekking expeditions; and Participating in inter-ministerial and inter-departmental tournaments and sporting events. For participation in Ski Training/ Meets/ Competitions organized or approved by the Mountaineering Institute and Allied Sports, Manali. Quantum for Sporting Events: Admissibility of Special Casual Leave for various Sporting events is as under: For participating in inter-ministerial and inter-departmental tournaments, maximum amount of Special Casual Leave should not exceed 10 days in a year Special Casual Leave admissible for other sporting events is 30 days in a calendar year. The facility of Special Casual Leave includes the time spent in journey for participating in such events.. Technical officials who are concerned with the administration of these events are also entitled to equal number of special casual leave. Government servants who are selected for participating in sporting events of national/international importance, the period of actual days on which they participate in the events is to be treated as duty. Period of actual days here means the duration of the event. To and fro journey days will be a part of his duty. If some coaching camps are organized prior to such participation, the duration of such coaching camps will also be treated as duty. 2) FOR FAMILY PLANNING: Quantum of Special Casual leave for promoting the small family norms/family welfare programme of the govt. is as under: When a male govt. servant undergoes vasectomy operation for the first time, he is entitled to a maximum of 10 working days special casual leave. If his first operation fails and he goes for the operation for second time, another 10 days special casual leave will be granted to him. Holidays and Sundays will not be counted for calculating the number of working days on either of the occasions. However, application for the grant of such leave should be supported with a medical certificate. If the leave is granted for the second time, the second medical certificate should have a mention that the operation was necessitated for the second time due to failure of the first one. Another point that needs to be understood is that the concept of working days is applicable only in the cases of vasectomy operations and that too for the first vasectomy 14 operation only. In all other cases, the number of days of Special Casual Leave will include the Sundays and intervening holidays. For availing Special Casual Leave, it is not necessary that the male employee himself should undergo family planning operation. In case his wife undergoes tubectomy, leproscopy or salpingectomy operation, even then the male employee will be entitled to a maximum of 7 days Special Casual Leave. This facility is admissible even for the second time where his wife has to undergo such operation for the second time due to failure of the first operation. It has to be certified by the Medical Officer that the wife of the government servant has undergone such operation for the second time due to failure of the first operation. It need not to be stated in the certificate that presence of the government servant was required to look after his wife. Another condition to avail this facility of Special Casual Leave is that the leave should follow the date of such operation. This leave will be in addition to the Special Casual Leave admissible to his wife, if she be a government servant. A male government servant, whose wife undergoes tubectomy/salpingectomy operation after Medical Termination of Pregnancy is also entitled to Special Casual Leave maximum for 7 days. This facility is available subject to the production of medical certificate to the effect that his wife has undergone such operation after medical termination of pregnancy. It need not be stated in the certificate that the presence of the government servant was required to look after his wife. To female government servants, the maximum quantum of Special Casual Leave admissible for undergoing Tubectomy/laproscopy operation is 20 days. Another 20 days Special Casual Leave can be sanctioned to her where she has to undergo such operation for the second time due to failure of the first operation. She will also be entitled to 14 days of Special Casual Leave if she undergoes salpingectomy operation after Medical Termination of Pregnancy. One day Special Casual Leave is admissible to female govt.servants for the purpose of insertion or re-insertion of IUCD. If the female govt.servant has to undergo re-canalisation operation, she will be entitled to maximum 21 days of Special Casual Leave. This number of 21 days is to be restricted by the actual days for which she remained hospitalized for this purpose. In case the husband of a female govt. servant undergoes vasectomy operation, she will be entitled to one day Special Casual Leave for the day of such operation. 15 There may be a case that a govt. servant has to undergo recanalization operation due to the death of his/her child(ren).For this purpose, the government has kept a provision of Special Casual Leave, subject to the recommendations of the doctor. The quantum of leave available for this purpose is up to 21 days or the period for which the govt. servant remains hospitalized, whichever is less. In addition to this, the government servants are also entitled to and from journey days as Special Casual Leave, for undergoing this operation. The facility of Special Casual Leave for recanalisation operation, is subject to the following conditions: o The recanalization operation should be performed in a hospital /medical college/ Institute where such facility exists. Alternatively, the operation should have been performed in a private hospital who is duly nominated by the State Governments/Union Territories for performing recanalisation operations; o The attending Medical authority should certify the period for which hospitalization of the govt. servant was essential for performing operation and post-operation recovery. o The government servant should either be unmarried or should not have more than two children at the time of conduct of this operation. However, this facility is also admissible to those government servants who desire recanalisation for substantial reasons e.g. a person who has lost all male children or all female children after undergoing vasectomy/tubectomy operation. Additional Special Casual Leave for Family Programme You know that complications may arise as a result of operations taking place. The government has already taken stock of such situations. That is why the government has kept provision for the extended/additional Special Casual Leave for the government servants undergoing such operations. Extension of Special Casual Leave/Additional Special Casual Leave will be allowed in the following cases Where the hospitalization of the government servants is necessitated as a result of such operation, beyond the maximum amount of Special Casual Leave as discussed earlier in this Sub-Section, the entire period of their hospitalization caused due to post operation complications will be treated as Special Casual Leave; Where the employee concerned is not fit to resume duty after the vasectomy operation but does not remain hospitalized and needs more rest, additional 7 days Special Leave can be sanctioned in his favour; and 16 Where the employee has undergone tubectomy operation and is not fit to resume duty after the expiry of normal Special Casual Leave admissible, additional 14 days Special Casual Leave can be sanctioned to her if she does not remain in hospital. 3) FOR POETICAL SYMPOSIA Government servants invited by the Himachal Pradesh Academy of Arts and Culture for attending poetical symposia, are entitled to Special Casual Leave up to a maximum of 30 days in a year. This will include the time spent in attending the symposia and to and fro journey time. This facility is available only in those cases where the employee has received a formal invitation from the said Academy. This facility is not available if the symposia are being organized at the place of posting of the government servant beyond normal working hours. This implies that if the symposia are being organized during office-hours, the government servant will be entitled to Special Casual Leave. This facility is also not available if the symposia are being organized by any other agency. The authority that is competent to sanction Casual Leave can also sanction this Special Casual Leave. 4) FOR PARTICIPATING IN ACTIVITIES OF THE ASSOCIATIONS Giving due regard to the additional work which has to be performed by the office bearers of N.G.O’s Federation, the government has allowed the concession of Special Casual Leave to them. The concession is granted to enable to participate in the executive meetings, conferences and other activities related to the Association. The facility is admissible to the State/District Units of N.G.O.’s Federation as under: 20 days in a calendar year to the State Level Office bearers of the State N.G.O.’s Federation; 10 days in a calendar year to the District Level Office bearers of the State N.G.O.’s Federation; and 5 days in a calendar year to the local delegates and local members of the State N.G.O.’s Federation. Combination: Special Casual leave can be taken in combination with other regular leave. It can also be combined with casual leave. Care should be taken to see that it is not sanctioned when combined both with casual leave and regular leave together. To make it clearer, if a person is on casual leave, he can be sanctioned Special Casual Leave in addition, without asking to return to duty. Similarly, when a person is on Special casual leave, he can be granted casual leave without returning to duty. But when govt. servants are on casual leave and are sanctioned Special Casual leave in combination, they cannot be sanctioned any other kind of leave thereafter. Similarly, when they are on regular leave, they can be sanctioned Special Casual Leave but cannot be sanctioned casual leave thereafter. In simple words, you can say that govt servants can be allowed to combine either Casual leave or regular leave with Special Casual Leave. However, they can 17 combine more than one kinds of regular leave with Special Casual Leave. Special Casual leave, like casual leave, can also be prefixed and suffixed with Sundays and other holidays. Sanction: No Performa is prescribed as an application for the grant of Special Casual Leave. It should be applied on the plain paper. It should be supported with the necessary documents e.g. Medical Certificate or invitation to participate in a sporting event etc. It should be submitted to and sanctioned by the authority that is competent to sanction Casual Leave for the person seeking the grant of Special Casual Leave. Do Yourself-4: Write whether the following statements are true or false: 1 Special Casual Leave is admissible to all government servants alike casual leave. 2 Special Casual Leave can be combined with unrecognized ( regular) kinds of leave. 3. Quantum of special casual leave is different for different purposes. 4. Special Casual leave is sanctioned by the authority competent to sanction casual leave 5. Special Casual leave can be granted for contagious diseases. 1.4.3 COMPENSATORY LEAVE The third and the last kind of leave from amongst the unrecognized kinds of leave is Compensatory Leave. As per Fundamental Rule 10 of the Fundamental and Supplementary Rules, the whole time of a government servant is at the disposal of the government. Despite this provision in the Rules, the government has prescribed the office hours to be from 1000 to 1700 on all the working days. Granting leave in lieu thereof compensates government servants, who are required to attend the office before the commencement or after the close of office hours due to certain exigencies in public interest. This kind of compensation in terms of leave is termed as ‘Compensatory Leave’. Similarly, Compensatory Leave is also admissible for working on Sundays and holidays. Entitlement: The provisions relating to Compensatory Leave are applicable only to a part of the non- gazetted staff of the State Government. These are not applicable to: The Gazetted Government Servants; 18 Those government servant who are entitled to over-time allowance in lieu of putting extra duty; Field, Technical and Inspection Staff of the government. However, Drivers are allowed Compensatory leave if deployed on duty before or beyond office hours or on holidays etc. Chowkidars working in government offices are required to be given weekly offs by putting other class-IV on their duty. However, where weekly off cannot be given, Chowkidars will be entitled to one day Compensatory Leave in lieu thereof. Credit The authority that is competent to sanction Casual Leave to that category of employees maintains the compensatory leave account. The account is to be maintained only in respect of those employees who are entitled to the grant of Compensatory Leave. No compensatory leave is to be granted if the employees are deployed for duty for a period not exceeding one hour before the commencement of office hours. This credit is also not to be given if they are deployed for duty for a period not exceeding one hour after the close of office hours. The credit of Compensatory leave is to be afforded on the following conditions: If the government servants are deployed for duty officially by the authority that is competent to sanction casual leave to them; The extra duty is performed to dispose of certain work of emergent nature and not to clear the pending work/arrears; One compensatory Leave is allowed for working on a Sunday/Holiday for full day. In cases where government servants are asked to work for half a day on Sunday/Holiday, they will be entitled to half-a-day Compensatory Leave. Lunch break is the dividing line for finding out whether they have performed duty for half-a-day or for full day. In other words, if they are asked to perform duty in the forenoon, before lunch break, they will be entitled to half-a-day Compensatory Leave. Likewise, if they are required to perform duty in the afternoon after lunch break, they will be entitled to half-a-day Compensatory Leave. Two credits of half-a-day Compensatory Leave will constitute one day Compensatory Leave. Compensatory leave is also earned when one performs emergent duties before the commencement or after the close of office hours. The credit account of such extra-duty performed, is to be maintained in hours. However, no credit is to be given for the first hour before the commencement and after the close of office hours. To take an example if 19 the official is asked to sit in the evening up to 1930 hours and the office hours close at 1700 hours, he will be entitled to the credit of only 1.5 hours Compensatory Leave. This is so because no credit is to be afforded for the extra duty performed by him from 1700 to 1800 hours. The government servant will be entitled to one compensatory leave for each such 6.5 hours of duty. DO YOURSELF-5: A government servant on a working day is detailed for duty from 0700 hours in the morning to 1800 hours in the evening. For how many hours, the Compensatory Leave account of the Government servant will be credited? The normal working hours in the office are from 1000 to 1700 daily. Sanction and Debit: As compensatory leave is not a recognized kind of leave and is to be allowed sparingly under emergencies, it should not be allowed to accumulate. The person, who has earned it, must be granted the same immediately thereafter. If this is not practicable, Compensatory Leave should be allowed at the earliest convenient time to ensure that it does not accumulate. Compensatory Leave should not be allowed to exceed 3 days at a time. Compensatory leave is to be applied for on a plain paper and is to be sanctioned by the authority that is competent to sanction Casual Leave. Combination with other kinds: Compensatory leave can be allowed to combine with Casual Leave or with Sundays and holidays. However, it should be ensured that total absence of an official from his duties, does not exceed 10 days where he has been sanctioned Compensatory Leave in combination with Casual Leave and/or Sundays and Holidays. It can also be prefixed or suffixed to regular kinds if it was earned by performing duty on Sundays and Holidays. But leave earned by performing extra duty on working days can not be so suffixed or prefixed to regular leave. Lapse: You know that Compensatory Leave is to be allowed immediately after it has been earned. However, if it is not found practicable to grant leave on certain occasions, the government servants must avail the Compensatory Leave in their credit, before the 31st December of that calendar year. In case they do not avail the same by this date, the Compensatory leave to their credit will lapse. There is, however, one exception where Compensatory Leave does not lapse on 31st of December. When a government servant earns Compensatory Leave during the month of December but cannot be granted Compensatory Leave during that December itself, such Compensatory Leave will be allowed to be carried forward and allowed to be availed in the next calendar year. It should be carefully noticed that this exception applies in respect of the Compensatory Leave earned only during the month of December itself. 20 Do Yourself-6: Strike out the wrong alternative: 1. Compensatory Leave is admissible to all/specific categories of government servants. 2. Compensatory Leave is admissible to clear the arrears/to dispose of emergent work. 3. Compensatory Leave can generally be availed only during the calendar month/year in which earned. 4. A government servant on Compensatory leave is paid salary/leave salary. 1.5 INTRODUCTION TO CENTRAL CIVIL SERVICE (LEAVE) RULES. 1972: You have gone through the provisions relating to Casual Leave, Special Casual Leave and Compensatory leave. All these three types of leave fall under the category of Unrecognized Kinds of Leave. Strictly speaking, these are not leave and a person availing such leave is treated to be on duty. Unrecognized kinds of leave are also not subject to any rules. These are regulated under the executive instructions of the State Government. That is why these are termed as unrecognized kinds. We have already seen that a government servant when avails these kinds of leave, is to be paid salary for the period of leave. Apart from Unrecognised kinds, there are certain other kinds of leave also which are available to the government servants. For these kinds, they are allowed ‘leave salary’ and not the ‘salary’ when they are on leave of these kinds. These kinds of leave are incorporated in a special set of rules known as Central Civil Service (Leave) Rules, 1972. When Himachal Pradesh was granted the status of a full-fledged State of the Union of India, the State Government adopted the Leave Rules as were applicable to the Central Government employees. It is to be clearly understood here that this was the status of Leave Rules on the date of such adoption. Any amendments made by the Central Government to these Rules are not applicable to the Government servants of Himachal Pradesh unless adopted by the State Government. However, till now the State Government has adopted all the amendments made by the Central Government to these Rules. Therefore, these rules, as amended till date, are 100% applicable to the employees of H.P.Government. However, the State government has made an addition in Extra-Ordinary Leave. It has allowed its employees to seek employment elsewhere by proceeding on EOL of 5 years. This addition to the C.C.S.(Leave)Rules has been discussed later under ‘ Extra-Ordinary Leave’. 21 Central Civil Service (Leave) Rules 1972 incorporate various kinds of leave. These kinds of leave are grouped under two major categories i.e. Ordinary kinds of leave and Special Kinds of Leave. Both these categories of leave are subject to the conditions/regulations as contained in the Rules themselves. We will discuss the various kinds of leave included under each of these groups in the following two Sections. 1.6 ORDINARY KINDS OF LEAVE: As stated above, there are two categories under which the various kinds of leave can be grouped. This Section deals with the first group i.e Ordinary Kinds of Leave. The Central Civil Service (Leave) Rules, 1972 provide for the following ordinary kinds of leave: Earned Leave for non-vacational staff; Earned Leave for vacational staff. Half Pay Leave Commuted Leave Leave Not due Extra-ordinary leave You would have observed that there are 6 kinds of leave that are grouped as Ordinary Kinds. Factually, government servants earn during their service, only the first two kinds of leave i.e. Earned Leave (which is different for Non-vacational staff and vacational staff) and the Half-Pay Leave. By Non-vacational staff, we mean that the staff that is not entitled to vacations in the vacation Departments and also the government staff serving in Non-vacation departments. By vacational staff we mean those government servants serving the vacation departments and are entitled to regular vacations notified for that Department. The next two kinds i.e. Commuted Leave and Leave Not Due can better be termed as the branches of Half-pay Leave as these are only the converted kinds of Half-Pay Leave. These are debited to Half-Pay Leave Account and no separate account is kept for them. The last kind i.e. Extra-Ordinary Leave is the leave that carries no leave salary and only an entry is made in the service records whenever a government servant is sanctioned such leave. This is also because of the reason that government servants do not earn this kind of leave. They are instead granted this mainly for the regularization of those periods of absence which otherwise cannot be regularized by the grant of leave. We will discuss all these six kinds in the following sub-sections. 22 1.6.1 EARNED LEAVE FOR NON-VACATIONAL STAFF: First in the series of Ordinary kinds of Leave is ‘Earned Leave. This is a very popular kind of leave and you must be knowing about it. This kind of leave is subject to regulations contained in 2nd unit of this module. This can be availed both by temporary and permanent govt. servants. This is called Earned Leave because in the past it had to be earned by duty. At those times, it could only be availed after it had been earned. You would like to know as to how it was being earned by duty. For that you will have to go to the Rules that remained prevalent till 1974. Till then, the credit of Earned Leave was made generally @ 1 day for every 11 days of service. Whenever government servants wanted to avail Earned Leave, their days of duty between the periods of their previous return to duty from leave and till the date from which they wanted to avail it afresh, had to be counted. These duty days were then used to be divided by 11 and the resultant figure was credited to their earned leave account. You would see that this was quite a cumbersome process and maintaining and checking of leave accounts was not easy. But now the government has simplified the procedure for the credit of Earned Leave. Can you think of other aspects of Earned Leave that we must know so that we become fully acquainted with the ins and outs of Earned Leave? It is not only the credit but also other aspects of Earned Leave that we are required to know. You cannot think of dealing with or deciding the cases of Earned leave unless you know fully about: How Earned leave is Credited What is the maximum limit for its accumulation; How it is debited; and What is the longest spell for which it can be granted? Our following discussion embraces all these aspects in detail. You should keep in mind that in the present Sub-section, we will discuss the provisions relating to the Earned Leave for government servants serving in the Non-vacation Departments as also to the Non-vacational staff of the Vacation departments. These provisions do not apply in their totality, to the vacational staff of the Vacation Departments. Provisions relating to the vacational staff have been discussed in the next sub-section of this Unit. METHOD OF CREDIT As stated earlier the credit of earned leave was being made after it had been earned by duty. However, the position has changed now. The credit of Earned Leave is being allowed in lump sum and in advance twice during a year. For the purpose of credit of earned leave, a calendar year is divided in two half years. The first half-year commences from Ist of January and ends on 30th of June every year. Likewise, the 2nd 23 half-year commences from Ist of July and ends on 31st of December every year. The provisions with regard to credit and debit of Earned Leave are identical for both the half years. We will discuss provisions relating to one half year. You can apply those for the 2nd half-year by making necessary changes in the names of the months. For the purpose of credit of Earned Leave, we will divide the employees in three groups: Employees entitled to full gross credit of earned leave; Employees entitled to proportionate credit of earned leave-I Employees entitled to proportionate credit of earned leave-II Full Gross credit: The first group consists of those employees who are in service on the commencement of a half-year and will also remain in service till the end of that half-year. We can say that in this group we include those employees who will render complete 6 calendar months of service during that half year. Employees retiring on 30th June or 31st December of any year will also fall under this category. To understand the credit of Earned Leave in all such cases, we will take the example of first half year of the year 2002. This group will consist of those employees who will be on the rolls on Ist January, 2002 and will not superannuate (attain the age of retirement) before 30th June, 2001. To such employees, we will give gross credit of 15 days Earned leave. It has already been stated that Earned Leave credit is now given in advance, Therefore, credit for the first half- year of any calendar year, will be given on Ist of January itself. Proportionate Gross Credit for retiring government servants: If we exclude the employees who will be in service for full 6 months of the half year, the next group will comprise of those employees who although are in service on the first day of the half year but will retire on superannuation in-between. In their case we will work out the complete calendar months (January, February and so on) for which they will remain in service. Complete Calendar month means from Ist forenoon of the month to the Afternoon of the last day of that month. Take an example of the government servants who were in service on Ist January 2002 and will retire on 31st March 2002(AN). In their case the gross credit of Earned leave will be calculated for 3 months because they will complete only 3 complete months of service of that half year and then will retire. To calculate the gross credit of earned leave we simply multiply these complete calendar months by 5/2. This figure of 5/2 has been obtained from 15/6(Proportionate credit for one month). We will not round the figure of gross credit because gross credit is not to be rounded. Proportionate Gross credit for new entrants: At this stage we have excluded two categories of employees i.e. (i) employees who will remain in service for full 6 month of a calendar half-year and (ii) the employees who will retire in-between that half year. In the third group we will keep those employees 24 who were not in service on the first day of the half-year but who have joined govt. service after the commencement of that half-year. This means that they are entirely new to the govt. service. In their case also the gross credit of earned leave is to be determined on the very first day of their service. This will be done by calculating the number of complete calendar months for which they will be in service during remaining months of the half-year. Let’s take an example: EXAMPLE: A govt. servant joins service on first appointment on 1st March 2001(FN). He/She will get the gross credit of earned leave on Ist March 2001. The quantum of gross credit will be determined by multiplying the number of completed months of service by 5/2. So in present case, the employee will get gross credit of 10 days i.e. March, April, May & June = 4 complete months Credit of Earned Leave = 4 x 5/2 = 10 days. You may carefully note that the month of March 2001 has been taken as full month as the government servant had joined duty on the very first day and that too in the Forenoon. In all other cases where the employees would have joined their duty on any day of March 2001, including the cases of those who would have joined on Ist March 2001 in the Afternoon, the month of March would not have been counted. This is because in that case the month of March would have been an incomplete month. Therefore, you must keep in mind that in the case of fresh entrants to government service, the month of entry will never be counted unless they join the duty in the forenoon of the first day of that month. Do yourself-7: Had the employee in above case joined on !st May, 2001(AN) or anytime thereafter during May, how much leave would be credited to his/her earned leave account on the date of joining? Ans.:__________________________________________________________________ ______________________________________________________________________ _________________________________________. Reduction from gross credit: By now you are able to determine the periods of gross credit of earned leave for each employee in your office. You can now decide how much gross credit is to be afforded to the Earned Leave account of the following categories of employees: 25 Who remain in service for the whole of a half-year; Those who are due to retire in-between that half-year; and Those who enter the service during that half-year. Are you not thinking at this stage as to why the term ‘Gross credit’ has been used? The credit given by the above provisions is not complete and is subject to certain adjustments/reductions. These adjustments/reductions are to be made only in respect of those government servants who either have availed Extra-Ordinary Leave during the immediately preceding half-year and/or any of their periods has been treated as dies non during the same period. Extra Ordinary Leave is a distinct kind of leave and has been discussed in a separate Sub-section. The periods of dies non have been discussed in Module on Pension Rules. Extra-Ordinary Leave or the treatment of certain period of service as Dies Non, are two events during which the government servant does not earn Earned Leave. Do you know how this is given effect? Reducing the periods of gross credit does this. Let us now see how the period of gross credit is reduced. For this purpose we have to go to the leave account of the half-year which immediately precedes the half-year for which gross credit has been determined. We presume that we have determined on Ist of January 2002, the gross credit to be given to the earned leave account of a particular govt. servant at 15 days for the half year ‘Ist January 2002 - June 2002’. The half-year immediately preceding this half year is ‘July 2001 – December 2001’. Count the no. of days of EOL or Dies-non periods, if any during the period July 2001- December 2001. Divide your counts by 10. Do not round the figure. Reduce the gross credit by this figure i.e. dividend obtained Now the last outcome i.e. Gross credit minus reduction will be the net credit of earned leave. If it contains a fraction that is to be rounded to the nearest complete day as under: The net credit is to be increased by one day if the fraction is equal to or more than 0.5; If the fraction is less than 0.5, it is to be ignored; Let us take up an illustration to be clearer about what we have discussed above. ILLUSTRATION: A govt. servant availed extra-ordinary leave for 35 days from Ist October, 2001 to 4th November, 2001. Calculate the period of net credit to be given to him on Ist January, 2002.The person will retire in February 2010. Calculation of Net credit: Gross credit( 1-1-2002 to 30-6-2002) = 15 days Periods of Ext.Ord.leave/dies non between 1-7-2001 to 31-12-2001 = 35 days Reduction to be made from gross credit i.e. 1/10th of 35 days = 3.5 days Net credit =11.5 or 12 days (Rounded) 26 While reducing the periods of gross credit by the 1/10th of the periods of Extra-Ordinary Leave or that of Dies Non, one point needs attention. Rules provide that the net credit will not be any negative figure. In other words, you can say that the figure, by which the gross credit is to be reduced, should not be a greater figure than the period of gross credit. However, this may work out to be a greater figure in certain cases. In that event, you should restrict the same to be equal to the figure of gross credit. We can discuss this through the following illustrations: ILLUSTRATIONS: (1) A government servant remained on Extra-Ordinary Leave from 15-1-2001 to 27-5- 2001. Also, his period of service from 28-5-2001 to 30-6-2001 was treated as dies non. His net credit of Earned Leave on 1-7-2001 for the half-year July-December, 2001 will be calculated as follows. a) Gross credit to be given on 1-7-2001 = 15.0 days b) Reduction to be effected on a/c of: (i) Extra Ordinary Leave 15-1-01 to 27-5-01 = 133 days (ii ) Dies Non Period 28-5-01 to 30-6-01 = 34 days 1/10th of 167 days =16.7 days Restricted to = 15.0 days c) Net credit = NIL (2)Continuing the above illustration, we presume that the government servant is to retire on superannuation on 31-7-2001. In this case the period of net credit will be worked out as under: a) Gross Credit (only for July, 2001) = 2.5 days b) Reduction to be effected = 16.7 days Restricted to =2.5 days c)Net Credit = NIL In our above discussion, we have seen that the periods of EOL or that of dies non of the preceding half-year only, are considered for reduction from the gross credit. We have to keep in mind two other aspects at that time. If any of these two events extends beyond that preceding half-year i.e. starts in one half-year and ends in another, we will count only those days which fall in that half-year. You can say that our count will commence either from Ist January or from Ist July as the case may be. Similarly, our count will end with the end of that preceding half-year i.e. on 30th June or 31st December according to the circumstances in each case. Further, the government servants may retire under the provisions of rules before attaining the age of superannuation. They may die. They can be dismissed or removed or they may resign. Any of these contingencies can happen during the middle of a 27 calendar year. They might have taken EOL or some of their periods might have been treated as dies non in respect of this half-year also. If this is so, that period is also to be added to our count for the preceding half-year. The sum of the counts is then to be divided by 10 to find out the period of reduction. Do Yourself-8: A government servant remained on extra-ordinary leave from 15-12-2000 to 31-1-2001. Determine the period of net credit of earned leave to be afforded on 1-1-2001. Ans._________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________. Accumulation: You have seen that the unrecognized kinds of leave do generally lapse at the end of the y ear i.e. leave credits of one year cannot be availed in the next year. But, like other kinds of Regular Leave, credits of Earned Leave do not lapse at the end of the year. These go on accumulating. Alternatively, you can say that its unspent balance of any half-year is added to the new credit. But this is not unlimited. Having determined the periods of net credit of earned leave, we will now discuss the extent to which the earned leave goes on accumulating i.e. we remain adding the net credits to the periods of leave which he is having in his account on the closing day of the immediately preceding half year. We will just determine the balance of the govt. servant on the last day of December, 2001 and add to it the net credit to be given on Ist January, 2001. We will continue this process. One thing is to be taken care of here. If the closing balance lies between 286 to 300 days and the net credit amounts to 15 days, the credit in the leave account will be shown as 300 + ( ). In the bracket we will show the figure by which the total of the two i.e. closing balance + net credit exceeds 300 days. This is due to the fact that the government has kept the accumulation limit of earned leave at 300 days. The figure remaining inside the bracket must be availed by him in the half year itself in which this was created. If the government servant does not avail it by the last day of the half year, this figure in the bracket will not be carried forward. This will lapse. Only the figure of balance earned leave as is outside the bracket will be carried over as the balance of that half-year. We will discuss this with the help of an illustration: ILLUSTRATION (i) The closing balance of earned leave account of an employee is 200 days on 31-12-2001. He is to be given 15 days net credit of earned leave on 1-1-2002. His balance of leave on 1-1-2002 will be 200+15=215 days. 28 You will see here that there is no need to put any figure in the bracket. This is because the total of closing balance of previous half-year + net credit determined for the current half- year, does not exceed 300 days. (ii) In the above case if the closing balance is 290 days, the balance on 1-1-2002 will be 290+15 = 300+( 5) days. The government servant can avail these 5 days by 30-6-2002. If these are not availed, the closing balance on 30-6-2002 will be 300 days. If fresh net credit of Earned Leave on 1-7-2002 is determined to be 15 days, the total Earned Leave balance at the credit of the government servant on 1-7-2002, will be 300+(15) days. Credit of Unavailed joining time as earned leave: Dear Learner, when a government servant is transferred from one station to another or from one office to another, the government gives him time to join the new assignment. This time is dependent of the distance between two stations. However, only one day joining time is allowed when transfer is at the same station. We are not to discuss these provisions in detail here. You should only understand that if a government servant does not avail full joining time admissible on transfer from ONE STATION TO ANOTHER, in public interest, the Unavailed joining time is credited as Earned leave to his/her Earned leave account if either of the following conditions is fulfilled: (I) The government servant is ordered to join at the new station without availing full joining time in public interest. The transfer orders should clearly state that the government servant will join the new assignment without availing full joining time in public interest. or (II) The family of the government servant does not accompany the government servant when the government servant proceeds to join the new assignment. However, it (family) must join the government servant at the new station within the maximum permissible period i.e. within 6 months. If any of the above two conditions are fulfilled, the Unavailed joining time is added to the Earned Leave account of the employee to the extent it does not take total accumulation of Earned leave beyond 300 days. Did you observe here that such Unavailed joining time can not be kept in brackets. Further if a government servant does not avail the joining time admissible on transfer at the same station., that is not credited to earned leave account and instead that lapses. 29 EXAMPLE: A government servant is having 297 days of earned leave at credit on a particular date. He is ordered transfer to a station to which he is entitled to 10 days of joining time. However, the transfer orders clearly stated that the government servant should join the new assignment after availing on 3 days of joining time. The rest of the 7 days will be credited to the earned leave account. However, since the government servant is having 297 as balance in that account and 297+7 will go beyond 300 days, the accumulation will be restricted to 300 days. Rest 4 days will lapse. Debit You have so far become familiar with the provisions relating to: The determination of net credit of Earned Leave; and Accumulation of Earned Leave; and Carry forward of leave from one half-year to the other. Now we will discuss how the leave account of government servants is effected when they avail Earned leave. This is quite simple. We may have the two type of balances in the Earned Leave account. Can you find them yourself? These are: Where the balance of Earned Leave does not exceed 300 days; and Where the balance exceeds 300 days and the figure over and above 300 has been kept in the bracket. In the first type of cases, whenever a government servant avails leave during that half year, the balance is reduced by the number of days for which Earned Leave has been availed. In the second type of cases, whenever the Earned Leave is availed during that half year, the debit will first go to the figure in the bracket. If the leave availed is more than the figure in the bracket, the main balance i.e. balance outside the bracket will be reduced by the number of days which are in excess of the balance in the bracket. Credit of a half year always precedes the debit. Therefore, where the leave availed by him falls between two half years i.e. June-July or December-January, the number of days of each half year are to be worked out separately. The number of the current half year will be reduced from the balance on the date of proceeding of leave. But the number of days of leave which fall during the next half year are not to be deducted. Reduction on that account will be made only after the close of the account of current half year and adding thereto the net credit of the next half year. This can be illustrated with the following example. 30 EXAMPLE: A govt. servant’s leave account on 20th June,2001 shows earned leave balance of 200 days. He proceeded on leave for 30 days from 21st June. Debit in his earned leave account will be shown as under: ¾ Balance on the date of proceeding of leave 200 ¾ Leave availed (21-6 to 30-6) 10 ¾ Balance on 30-6(Close of half year) 190 ¾ Fresh credit on 1-7 15 ¾ Total leave at his balance on 1-7 205 ¾ Leave availed 1-7 to 20-7 20 ¾ Balance leave as on 21-7 185 Thus the debit is to be split up in two half years if the leave availed falls between two half years i.e. it commences in one half-year and ends in another. Do Yourself-9 A government servant is having 249 days earned leave at credit on 21-6-2001. He proceeds on earned leave from 22-6-2001 to 15-7-2001. Neither any other leave was availed by him during this half-year nor any period was treated as dies non How the debit will be reflected in the earned leave account. Ans.__________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ Maximum single spell: You have seen that the Earned Leave can accumulate up to 300+(15) days. Can the government servants avail all Earned Leave at their credit in one spell? Certainly not. The government has laid down certain restrictions upon availing of Earned Leave in one spell. Government servants can generally be sanctioned Earned Leave maximum for a spell of 180 days and not beyond that. Do you know in certain cases this limit can be crossed? In case of Class I & II government servants, Earned Leave up to 240 days can be sanctioned in one spell. However, this will be sanctioned only if they require it to be spent outside India, Bangladesh, Bhutan, Sri Lanka, Nepal and Pakistan. They are not required to spend the entire leave outside these countries but they must spend at least 31 that period of leave which is in excess of 180 days, outside these countries. For example if a Class-I government servant is sanctioned 210 days of Earned Leave, he/she must spend at least 30 days of leave outside the above named countries. Earned Leave up to 300 days can also be sanctioned in one spell if it is required as Leave Preparatory to Retirement. This means that the last day of leave should include the date of retirement also, so that the government servant does not turn up to duty after the commencement of leave. Leave Salary: Government servants availing Earned Leave are entitled to leave salary equal to the pay they are drawing on the date of proceeding on Earned Leave. Pay here means the Basic Pay and allowances attached to pay such as Personal Pay, Special Pay, Non Practicing Allowance etc. It does not include those allowances like C.C.A., Capital Allowance, H.R.A., Permanent Traveling Allowance etc., which are granted to government servants under Supplementary Rules. The payment of such allowances will depend upon the fulfillment of conditions, which are laid down for their payment. Do Yourself-10: A government servant is drawing basic pay of Rs.9200/- and DA at 40% of basic pay. Determine the leave salary. Ans:______________________________________________________________ ENCASHMENT OF EARNED LEAVE: You have seen that if the government servants do not avail entire Earned leave at their credit, this leave goes on accumulating. Such accumulation benefits the employees at the time of their quittal of service/retirements etc. An employee can also get cash in lieu of salary while availing Leave Travel Concession. Let us now see how much amount of Earned leave can be allowed to be encashed and for what purposes. You know that government servants are entitled to two Leave Travel Concessions every four years – Home Town and Anywhere in India. Under the scheme of Leave Travel Concession, the government reimburses them only the amount of fair to their destinations. Naturally, they need more money at that time to cover their incidentals. As a welfare measure, therefore, if Earned Leave is at their credit, 10 days out of their account have been allowed to be encashed at the time of availing Leave Travel Concession. In all, the government servants can avail the benefit of such encashment 6 times in their entire service career. Thus, you can see that at best 60 days Earned Leave can be allowed to be encashed during service of the government servants. The encashment of Earned Leave for Leave Travel Concession purposes is subject to certain restrictions and for that you should refer the relevant provisions while processing or deciding any such case. 32 At the end of the service career of the government servants or at the time of death of the government servants, they/their families are allowed the encashment benefit of unutilized Earned Leave at credit of the Government servant on the day of quittal/death. You may recall that while accumulating the Earned Leave, we had kept the accumulation restricted up to 300 days. In certain cases, we had also kept the amount of Earned leave in a bracket. For the purpose of encashment we are concerned with the balance of Earned Leave in the main account only. The amount kept in bracket is not encashed at all. The amount to be encashed is to be worked out by applying the following formula: Cash Last Pay admissible + No. of days of Equivalent of = Dearness allowance x unutilized Earned unutilized admissible on that Leave restricted to Earned leave date 300 or 150 days 30 Barring the case of resignations and quittal of service by the government servants, the government servants are to be granted encashment for the entire amount of Earned Leave up to 300 days. While allowing this encashment, it is to be ensured that the maximum amount of leave which can be allowed to be encashed does not exceed 300 days including the Earned leave encashed for L.T.C. purposes. The orders for encashment are to be issued suo moto♦ by the authorities that are competent to grant such leave The cases where such encashment is allowed should fall in any one of the following: Compulsory Retirement on attaining the age of superannuation. On pre-mature retirement under Pension Rules/Fundamental Rules/H.P.Civil Service (Pre-Mature Retirement) Rules, 1976. The pre- mature retirement may be the voluntary retirement by the government servants or by the government. When a government servant is retired compulsorily as a measure of penalty under Central Civil Service (Classification, Control and Appeal) Rules, 1965 provided the disciplinary authority has not ordered any reduction in pension or gratuity. Reduced by the days allowed to be encashed for LTC ♦ At own motion (without calling for applications) 33 When a government servant is declared permanently incapacitated for further service and is sent on Invalid Pension. On retirements after service extended beyond the age of superannuation. On termination of services of government servants in accordance with the terms and condition of appointment. Where the government servants have been re-employed after retirement, after termination of their service during their service on re-employment. In their case, however, the total of Earned leave encashed i.e. during L.T.C. + At the time of Ist retirement + encashment now to be allowed, is to be restricted to 300 days. Earned Leave encashment in lieu of unutilized amount of Earned leave is restricted to 50% of the amount of Earned Leave at credit or 150 days (including the amount of Earned Leave allowed to be encashed for LTC), whichever is less, for those government servants who resign or quit the service at their own. Leave encashment of Earned leave on the above terms is also admissible to those government servants who superannuate from service while under suspension. This may also be allowed in case of those government servants against whom disciplinary or criminal proceedings are pending. However, the payment of leave encashment should be withheld wholly or partly. where in any of such cases the disciplinary authorities feel that some money can become recoverable from the government servant after such proceedings are finalized/concluded. If on finalization of such proceedings some amount becomes recoverable, that will be adjusted against the amount withheld on this account. The rest of the amount (whole of amount withheld where nothing is found to be recovered on conclusion) will be paid to the government servant. We have discussed the various aspects of Earned Leave as applicable to the non- vacational staff of the vacation departments as also to government servants of the non- vacation departments. We can summarize our discussion on Earned Leave to these categories of government employees, as under: A calendar year is divided in two Half-years i.e. (i)January-June and (ii)July-December for accounting purposes of Earned Leave. Government servants are entitled to 15 days of Earned leave in each Half-year. Earned Leave to fresh entrants and to those who will retire during the Half-year, is to be credited at the rate of 2 ½ days per complete month of service to be rendered in that Half-Year. The period of 15 days or the period as determined for new entrants or for government servants to superannuate during the Half-year, is to be 34 reduced by 1/10th of the periods of Dies Non or E.O.L. in the immediately preceding Half-year; The credit rounded to the nearest day, is to be made on the first day of commencement of each Half Year. Accumulation of Earned Leave, exceeding 300 days is to be kept in bracket. This excess can be availed by the government servants before the expiry of the Half-year. The bracketed Earned Leave lapses on the last day of that Half-year. Earned Leave availed if falls in two Half-years, is to be split up and the debit of each Half-year will go only to the Half-year to which that pertains. Earned Leave can be sanctioned for a maximum period of 180 days or 240 days depending upon the purpose for which it is required as also keeping the group of the Government servants in view. Encashment of Earned Leave remaining at credit of government servant is to be allowed to be encashed by the leave sanctioning authority at the time of quittal/retirements/deaths etc. Do yourself –11: Match the following: 1 An unrecognized kind of leave a Earned Leave 2 Credited in advance every half- b Resignations year 3 1/10th is deducted from gross c Bracketed Earned leave credit of earned leave 4 Half amount of earned leave is d Compensatory Leave encashed 5 Not encashed e Periods of dies non and EOL of immediately preceding half-year 1.6.2 EARNED LEAVE FOR GOVERNMENT SERVANTS ENTITLED TO VACATIONS: In Sub-section 1.6.1, we have discussed the provisions of the Leave Rules applicable for the persons serving in the non-vacation departments of the Government. You know that there are certain departments of the government where some categories of employees are entitled to vacations during the year. Such government servants have to proceed on forced leave during certain periods of the year. This forced leave is necessitated because their services are temporarily not required in the Departments where they are posted. The best example of such a category you will find is that of Teachers posted in various Educational Institutions. When such Institutions remain closed due to vacations to the 35 pupils, the services of Teachers are not required. Therefore, they are also sent on vacations. This period of vacation is treated as duty. Other employees posted in those Departments are not entitled to avail these vacations. The best example of such a category is the ministerial staff posted in the Directorate of Education. Unlike Teachers, they are not entitled to any vacation. You also know that on the other hand, government servants posted in many of the departments are not entitled to vacations at all. We have already discussed the Earned Leave provisions relating to the government servants posted in non-vacation departments. These provisions are equally applicable to the employees of vacation departments who are not entitled to vacations. Do you know that the government servants posted in vacation departments were not entitled to regular Earned leave at all till 1984. This was solely for the reason that such government servants were entitled to vacations in lieu of Earned leave. They were, however, entitled to Half-Pay leave on same conditions as is admissible to the government servants serving in non-vacation departments. The government reviewed the position and at present, Teachers, Principals, Headmasters, Librarians, Laboratory Assistants and Watermen working in schools are also granted certain regular amount of Earned Leave. This credit of Earned leave has been provided in lieu of the Half-Pay leave. Half-Pay leave credit is not admissible to them. Since no Half-Pay leave is to be credited to the Half-Pay leave account of such government servants, they automatically become non-entitled to the grant of Commuted Leave and Leave Not due – another two kinds of ordinary leave discussed later in this Unit. However, Half-Pay leave which was in balance in their accounts on the date of application of this provision, can be allowed to be converted into Commuted Leave or can be availed as Half-Pay leave. Barring above six categories of government servants, persons entitled to vacations still do not get any regular Earned Leave. They are entitled to Half-Pay leave as earlier. Consequently they can also avail Commuted leave and Leave Not Due, if otherwise due and admissible under the provisions of those kinds of leave. Further, it is only the credit that is different for vacational and non-vacational government servants. Rest of the provisions i.e. accumulation, maximum spell of Earned leave and debit of Earned leave are similar to all categories of employees – vacational and non-vacational. Therefore, we will discuss only about the credit. We have already discussed rest of the provisions. Government servants entitled to vacations and earned leave, are entitled to two types of credit – general and proportionate. We will take up both kinds of credits of Earned leave available to them in our succeeding discussion: 36 General Gross Credit of Earned Leave: You are aware that for the purpose of credit of Earned Leave in Earned Leave accounts of those government servants who are not entitled to vacations, a calendar year is divided in two half-years – ‘January-June’ and ‘July-December’. While discussing days of earned leave to be credited in their case, we grouped the employees as: Government servants who serve for full six months; Government servants who will retire during that half-year; and Government servants who will enter the government service for the first time on any day during that half-year. For the first type of cases, we determined the gross credit at 15 days and for other two categories we credited the Earned leave account for complete calendar months of service @ 2.5 days for each such month. All these provisions are equally applicable to the Teachers, Principals, Headmasters, Librarians, Laboratory Assistants and Watermen serving in the schools. However, rate at which the earned leave is to be credited in their account is different. The amount of Earned Leave to be credited to the first group i.e to those government servants who will serve for full six months in their case is only 5. For those who will serve for a part of the half-year i.e retiring government servants and new entrants to service, the gross credit of Earned Leave is at the rate of 10/6 per complete calendar month of service during that half year. You can now yourself work out the gross credit to be afforded to them. After determining the gross credit to the government servants not entitled to vacations, we reduced that figure by 1/10th of the amount of Extra-Ordinary leave and that of dies- non periods in the immediately preceding half-year. This is equally applicable here also. However, the rate of deduction of gross credit is 1/30th of the periods of Extra ordinary leave and that treated as dies-non. We have also discussed in the Earned leave that in certain cases, this reduction is to be effected in respect of the periods of dies non or those of EOL in respect of the preceding half-year together with those in the half- year of dismissals, removals, compulsory retirements, deaths etc. That provision is also to be applied in totality here. Other provisions with regard to maximum reduction from gross credit and those relating to the rounding of net credit are also similar. We hope you are now able to find out the gross and net credits of earned leave to these categories of government servants. The government has curtailed the vacations and ordered simultaneously the earned leave to be 10. However, since the orders are not clear, we have kept the advance credit to be at 5 in each half-year. We expect early clarification from the government regarding effect of dies non/EOL periods on earning those 10 days as also the rate of earning per month, whether that is to be credited in advance like regular earned leave or is to be treated otherwise. We expect of you to keep a constant watch on these clarification and update your knowledge as soon as these are issued. 37 Proportionate gross credit. Dear Learner, in our preceding discussion, we have seen that 6 categories of government servants serving in the schools are now entitled to Earned leave credit of 5 days in each half-year or say 10 days every year. Can you think of a situation that they can get Earned leave up to 40ψ days in a year under certain circumstances? You are aware that vacations are in lieu of Earned leave. If the government servants entitled to vacations are not allowed to avail them, they become entitled to Earned Leave. However, they do not get one day Earned Leave for each day of vacation under such circumstances. Instead the numbers of days of vacations available to them during a year are equated with 30 days of vacations. Government servants who are ordered to remain on duty for whole or part of their vacations are allowed Earned leave proportionate to these 30 days. Thus, government servants who are not allowed to avail vacations even for a day during any year, become entitled to 30 days Earned leave. Government servants who are deprived of enjoying more than 15 days of vacations in any year are also treated not to have enjoyed any vacation and they are also entitled to 30 days of Earned leave. Those who have enjoyed more than 15 days of vacation and have also been ordered to perform duty for a part of vacations will get proportionate credit of Earned leave. The proportion will be worked out: Number of days of vacations not availed ------------------------------------------------------- X 30 Number of vacations in one year A government servant who is ordered to remain on duty for 32 days and the total vacations available in a year are 70, will get credit of (32/70)x 30= 13.7 or 14 days of Earned leave as a compensation for working during vacations. While affording credit we have to keep in mind the following points: Year for this purpose does not mean a calendar year. It constitutes of 12 months of actual duty. Date of joining of the government servants as a vacational staff, therefore, becomes important. Temporary government servants, who are in the first year of their service, are not entitled to this proportionate credit of Earned leave. Proportionate credit is available only if the government servants are ordered to remain on duty during vacations. Superior authorities should have issued these orders. ψ please observe that these categories can earn earned leave up to 50 days a year. 10 as per provisions of the rules + 10 on increase in the number of teaching days + 30 days if they avail vacations for a period not exceeding 15 days. However, virtually, these should not exceed 40 i.e. 30 days of earned leave at par with the non-vacational staff + 10 days in lieu of half-pay leave. The proportionate credit, therefore, needs amendment in view of 10 days of earned leave allowed on increase in teaching days. 38 Different departments have designated different officers to issue such orders. Therefore, while affording credit, it should always be seen that an authority that is competent to do so issues the orders. ACTIVITY: Go through the Records of a District Education Office and find out who is competent to deploy vacational staff for duty during vacations. Government servants desirous of availing Earned leave in between a duty year will get credit proportionate to the number of days of duty during that year. This will also be applicable where actual period of duty in a year falls short of 365 or 366 days. It should be clear in your minds that credit of 30 days Earned leave is for a year of duty i.e. for 365 or 366 days of duty including vacations. Therefore, we must convert the duty days to one year i.e. if a government servant has performed duty for 278 days in a year, we will convert that into a year by dividing it by the number of days of that year. Let us take an illustration for this: ILLUSTRATION: A teacher working in a school continuously from 15-12-1998 is entitled to vacations from 1st January to 14th February and again from 16th September to 30th September every year. During the year 2001, he was detailed for duty from 15th January to the 14th February. His duty days from 15th December, 2000 to 14th December, 2001 were worked out to be 270 including the vacations he availed during this year. How much Earned leave is to be credited to his Earned Leave account for the duty he performed during vacations? 1) No. of duty days in a year =270 2) No.of days in a year =365 3) Proportion of duty days to year = 270/365 4) No. of days of duty during vacations = 31 5) Total vacations during the year = 60 6) Earned leave to be credited =

HP Leave Rules PDF - 2002

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