INDIAN RAILWAY LEAVE RULE
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LEAVE
RULES
1.
The Government of India have made
provisions under CCS Leave
Rules
for certain type of leave available to all the Central Government
Civilian
employees, to meet their Family, medical and Social liabilities.
2.
General Principles governing leave with relevant CCS Leave Rules-
(i)
Leave cannot be claimed as a matter of right. _ Rule 7 (1).
(ii)
The Leave sanctioning authority may refuse or revoke leave of
any
kind, but cannot alter the kind of leave due and applied for. –
Rule
7 (2)
(iii)
Leave of one kind taken earlier
may be converted into leave of
a
different kind at a later date at the request of the official and at the
discretion
of authority who granted the leave. The Government
servant
should apply for such conversion within thirty days of a
completion
of the relevant spell of leave. This, however, cannot be
claimed
as a matter of right by the official. – Rule 10 (i) and Proviso.
(iv)
Conversion of one kind of leave into leave of a different kind
is
permissible
only when applied for by the official while in service and
not
after q uitting service. – Rule 10, GII.
(v)
Leave sanctioning authority may commute retrospectively
periods
of absence without leave into Extraordinary leave. Rule32 (6).
(vi)
No leave of any kind can be granted for a continuous period
exceeding
five years except with the sanction of the President. Rule12
(vii)
An official on leave should not take up any service or
employment
elsewhere without obtaining prior sanction of the
Competent
Authority. - Rule 13
(viii)
Willful absence from duty after the expiry of leave renders a
Government
servant liable to disciplinary action. – Rule 25 (2)
(ix)
Absence without leave not in continuation of any authorized
leave
will constitute an interruption of service unless it is regularized
-
Audit Instruction under Rule 25 (1).
3.
Various types of leave available:-
(a) Earned Leave (i)
These leaves are credited in advance at a uniform rate of 15 days on
the 1 st January and 1 st July every year. Earned leave can be
accumulated up to 300 days (including the number of days for which
encashment has been allowed along with LTC). – Rule 26 (1) and
notification dated 18-04-2002. (ii) While limiting the maximum
of 300 days ,where the balance at credit is 286-300 days, further advance
credit of 15 days on 1 st January /1 st July will be kept
separately and set-off against the EL availed of during that half-year ending
30 th Jun/31 st December. However, if the
leave availed is less than 15 days, the remainder will be credited to the
leave account subject to the ceiling of 300 days at the close of that
half-year. Rule 26, GID (2) (c). (iii) The credit
for the half year in which a Government servant is appointed will be
afforded at the rate of 2 . 5 days for each completed calendar
month of service which he is likely to render in the calendar half year in
which he is appointed. - Rule 27 (1). (iv) Earned
leave can be availed up to 180 days at a time. – Rule 26 (2)
(b) Half pay leave (i) Half pay leave is credited in advance at the
rate of 10 days on the 1 st January and 1 st July every year.
The advance credit for the half-year in which a Government servant
is appointed will be at the rate of 5/3 days for each
completed calendar month of service he is likely to render in the half
year in which he is appointed. (ii) Half pay leave can be
availed either with or without medical certificate. – Rule 29
(4) (iii) While affording credit, fraction shall be rounded
off to the nearest day. – Rule 29 (5)
(c) Commuted Leave (i) Commuted leave not exceeding half the amount of
half pay leave due can be taken on medical certificate. – Rule 30
(1). (ii) Commuted leave as follows can be taken without
medical certificate:-
(aa) up to a maximum of 90 days in the entire service if utilized for an approved course of study certified to be in public interest. – Rule 30 (1-A) (ab) up to a maximum of 60 days by a female Government servant if it is in continuation of maternity leave. Rule 43 (4). (ac) up to a maximum of 60 days by a female Government servant with less than two living children if she adopts a child less than one year old. – Rule 43-B. (iii) Commuted leave can be granted only when the leave sanctioning authority is satisfied that there is a reasonable prospect of the Government servant returning to duty on its expiry. So it cannot be granted as leave preparatory to retirement. – Rule 30 (1) (a). (iv) Commuted leave may be granted at the request of the Government servant even when earned leave is available. – Note below Rule 30.
(aa) up to a maximum of 90 days in the entire service if utilized for an approved course of study certified to be in public interest. – Rule 30 (1-A) (ab) up to a maximum of 60 days by a female Government servant if it is in continuation of maternity leave. Rule 43 (4). (ac) up to a maximum of 60 days by a female Government servant with less than two living children if she adopts a child less than one year old. – Rule 43-B. (iii) Commuted leave can be granted only when the leave sanctioning authority is satisfied that there is a reasonable prospect of the Government servant returning to duty on its expiry. So it cannot be granted as leave preparatory to retirement. – Rule 30 (1) (a). (iv) Commuted leave may be granted at the request of the Government servant even when earned leave is available. – Note below Rule 30.
(d) Leave Not Due (LND) (i)
Leave Not Due may be granted to a permanent Government servant with
no half pay leave at credit. (ii) It is granted on medical
certificate {Exception : (iii) below} if the leave sanctioning authority
is satisfied that there is a reasonable prospect of the Government servant
returning to duty on its expiry. – Rule 31 (1) (iii) It
may be granted without medical certificate- (aa) in continuation of
maternity leave. – Rule 43 (4) (ab) to a female Government servant
with less than two living children on adoption of a child less than a
year old.– Rule 43-B. (iv) The amount of leave should be
limited to the half pay leave that the Government servant is likely to
earnsubsequently. – Rule 31 (1)(b). (v) LND during the entire
service is limited to a maximum of 360 days – Rule 31 (1) (vi)
LND will be debited against the half pay leave that the Government
servant earns subsequently. – Rule 31 (1) (c). (vii) It cannot
be granted in the case of ‘Leave preparatory to retirement’ – Rule
31 (1)
(e) Extraordinary Leave (EOL) (i) Extraordinary
leave is granted to a Government servant when no other leave is admissible
or when other leave is admissible, but the Government servant applies in
writing for extraordinary leave. – Rule 32 (1) (ii) Extraordinary
leave cannot be availed concurrently during the notice period, when going
on voluntary retirement. – Rule 32, GID(2) (iii) EOL may
also be granted to regularize periods of absence without leave
retrospectively. – Rule 32 (6).
(f) Maternity Leave
Leave as under is admissible
to married/unmarried female employees during - (a)
Pregnancy: 135 days.- Admissible only to employees with less than
two surviving children. – Rule 43(1) (b)
Miscarriage/abortion (induced or otherwise): Total of 45 days in
the entire service excluding any such leave taken prior to 16-06-1994.
Admissible irrespective of number of surviving children.
Application should be supported by a certificate from a Registered
Medical Practitioner for Non Gazetted Officers and from Authorised
Medical Attendant for Gazetted Officers. –
Rule 43 (3) (i) The leave is not debited to the leave account. – Rule 43 (5) (ii) It is granted on full pay. – Rule 43 (2) (iii) It may be co mbined with leave of any other kind. – Rule 43 (4) (iv) Not admissible for ‘threatened abortion – Rule 43, GID (4)
Rule 43 (3) (i) The leave is not debited to the leave account. – Rule 43 (5) (ii) It is granted on full pay. – Rule 43 (2) (iii) It may be co mbined with leave of any other kind. – Rule 43 (4) (iv) Not admissible for ‘threatened abortion – Rule 43, GID (4)
(g) Paternity Leave (i)
Eligibility: Male Government servant with less than
two surviving children. Apprentices are also eligible. (ii)
Duration : Fifteen days during wife’s confinement. (iii)
Not to be debited to the leave account. May be combined with
any other kind of leave except casual leave. (iv) Not
to be refused normally. (v) To be applied fifteen days before
or up to six months from the date of delivery. – Rule 43-A
(vi) Leave Salary : Equal to last pay drawn
(h) Casual Leave
In a calendar year eight days of
casual leave is permissible. Casual leave is not a recognized form of
leave and is not subject to any rules made by the Government of India.
An official on Casual Leave is not treated as absent from duty and
pay is not intermitted.
(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave. (ii) It cannot be combined with joining time. (iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave. (iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave. (v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.
(vi) Casual Leave can be taken for half day also. (vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances. (viii) LTC can be availed du ring Casual Leave. (ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority
(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave. (ii) It cannot be combined with joining time. (iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave. (iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave. (v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.
(vi) Casual Leave can be taken for half day also. (vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances. (viii) LTC can be availed du ring Casual Leave. (ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority
4.
In addition to the above mentioned leave, depending on the
circumstances,
the following types of leave are also available to a
Government
servant:-
(a)
Leave to female Government servant on adoption of a child-
A
female Government servant, with less than two surviving children,
on
adoption of a child may be granted leave of the kind due and
admissible
(including, leave not due and commuted leave not
exceeding
60 days without production of medical certificate) for a
period
up to one year or till such time the child is one year old,
whichever
is earlier. – Rule 43-B.
(b) Special
Disability Leave- Admissible
to all employees:- (i) When disabled by injury intentionally
or accidentally inflicted or caused in, or in consequence of the due
performance of official duties or in consequence of official
position. (ii) When disabled by illness incurred in the
performance of any particular duty, which has the effect of increasing
liability to illness or injury beyond the ordinary risk attaching to
the civil post held, under the same condition (iii) The
period of leave will be as certified by an Authorised Medical Attendant
subject to a maximum of 24 months. (iv) It may be combined
with any other kind of leave. (v) It will count as service
for pension. (vi) It will not be debited to the leave
account.
(c) Hospital Leave - Admissible
to- (i) such Group ‘C’ employee whose duties involve
handling of dangerous machinery, explosive materials, poisonous drugs
and the like, or performance of hazardous tasks; and (ii)
to Group ‘D’ employees while under medical treatment in a hospital
or otherwise, for illness or injury directly due to risks incurred in the
course of official duties
(d) Study Leave :- (i)
Eligibility Granted to government servants with not less than
five years’ service for undergoing a special course consisting
of higher studies or specialized training in a professional
or technical subject having a direct and close connection with
the sphere of his duties or being capable of widening his mind in
a manner likely to improve his ability as a civil servant. –
Rule 50(1) & (2). (ii) Sanctioning authority
Ministry/Department of the Central Government/ Administrator/Comptroller
and Auditor General of India. -First Schedule, Sl No. 3.
(iii) Course should be certified to be of definite advantage
to Government from the point of view of public interest. -
Rule 50 (3). (iv) The particular study or study tour
should be approved by the authority competent to grant leave. – Rule 50
(2) (v) The official on his return should submit a full report on
the work done during study leave. – Rule 50 (2) (vi) Salary
during Study Leave shall be the last pay drawn.
5.
Leave Salary:- (a) During Earned Leave and
Commuted Leave - Equal to
pay drawn immediately before
proceeding on leave. - Rule 40 (1) & (4).
(b)
During half pay leave or leave not due - Equal to half the amount of leave salary on earned leave. – Rule 40
(3)
(c)
Extraordinary Leave - Not
entitled to any leave salary. Rule
40(5)
(d)
‘Pay’ means ‘pay’ as defined in FR 9 (21) and includes Deputation Allowance and NPA/Stagnation Increment
6.
Risk Allowance. - Admissible only as an allowance like CCA/HRA
and
not as part of Leave Salary. – Rule 4 0, GID(2)
7.
Special Casual Lea ve (Special CL)
Note
: Authority to sanction Special Casual Leave rests with the DGNCC,
further
delegated to DDG(P&F)
8.
Special CL is granted on the following grounds:-
(a) For participatiion in Sports
Events. (i) Maximum 30
days in a calendar year for attending coaching or training camps.
(ii)
Maximum 10 days in a calendar year for participating in
inter-ministerial
or inter departmental tournaments and sporting
events
held outside Delhi.
(iii)
Period exceeding 30/10 days will be treated as regular
leave.
(iv)Special
CL subject to maximum of 30 days may also be
granted
to a sportsperson injured or hospitalized during
Telecom
Sporting events.
(b)
For participating in In Cultural Activities.
(i)
Taking part in dance, drama, music, poetic symposium etc of
all
India or State character organized by Central Secretariat
Sports
Cultural Board, subject to maximum of 30 days.
(ii)
Taking part in dancing and singing competition organized on National or
International level by Govt of India
sponsored
bodies.
(c) For participating in Mountaineering
/Trekking Expeditions.
A maximum of 30 days in a calendar year for participating in
mountaineering/trekking
expeditions approved by Indian
Mountaineering
Foundation or Youth Hostels Association of India.
(d) For Family Planning:-
Male Employee
(i)
Maximum of 6 working days for vasectomy operation and for second time similar operation another 6 working
days.
(ii)
Maximu m of 21 working days for recanalization operation.
(iii)
Maximum of 7 working days to follow the date of operation, if his wife undergoes tubectomy, laproscopy
or salpingetomy operation
Female
Employee
(i)
Maximum of 14 working days if she undergoes tubectomy/laproscopy and another 14 days for second
occasion.
(ii)
Maximum of 14 working days for salpingectomy operation after Medical Termination of Pregnancy.
(iii)
One day’s Special CL on the day of IUCD/IUD insertion/re-insertion.
(iv)
Maximu m of 21 working days for recanalization operation.
Special
CL for one day for her husband’s vasectomy operation.
Note
: Extension or additional Special CL for the period of
hospitalization
due to post operational complications. Additional
Special
Casual Leave of 7 days for vasectomy operation and 14 days
in
case of tubectomy operation when not hospitalized but not fit to
resume
duty. Special CL is not admissible to temporary status casual
labourers.
(e)
To re-employed Ex-servicemen. HOD may grant Special
CL
for appearing before re-survey medical board for assessment of
disability
pension and for attending artificial limb centre for treatment
of
injury sustained during Army operation.
(f)
Union/Association Activities. (i) 20 days in a calendar to office
bearers of recognized
service
associations/ unions for participating in
associations/unions
meetings.
(ii)
10 days in a calendar year to outstation
delegates/members
of executive committee for attending its
meetings.
(iii)
5 days to local delegates/local members for attending
meetings.
(iv) 10 days to the Leader of staff side of JCM and to
the
secretary
from the staff side. One day to the members of the
Departmental/Regional/
Local Council for attending JCM
meetings.
(g)
In the event of Natural Calamities, Bandhs etc . HOD
may
grant
Special CL to its employees residing 3 miles away from office
in
the event of natural calamities, bandh or traffic disorder etc and
Special
CL on account of curfew irrespective of distance from
residence
to office. Leave already applied by an employees on these
days
will be treated as Special CL.
(h)
For Meetings Connected with Co-operative Societies.
Outstation
employees who are members, delegate members,
Managing
Committee Members are granted a maximum of 10 days
Special
CL in a calendar year in addition to the minimu m period of
travel.
For in station employees, the period of Special CL is restricted
to
actual period (FN or AN) of such meetings.
(j)
Activities Connected with Kendriya Sachivalaya Hindi
Parishad.
A
maximum of 20 days in a calendar year.
(k)
During Elections. One day’s Special CL on the day of
election.
(l) Other Purposes.
(i)
Trg and duty for officially sponsored auxiliary police
organizations,
such as Home Guard, National Voluntary Corps
etc.
(ii) Trg as a member of St John Ambulance Brigade.
(iii)
For joining urban unit of TA for a maximum of 14 days.
(iv)
Interview/medical examination at the time of actual
recruitment
in urban unit of TA.
(v)
Trg with P&T unit of TA.
(vi)
For participation in Republic Day Parade as a member of
St
John Ambulance Brigade.
(vii)
Donation of blood to a recognized Blood Bank on the
day
of the blood donation.
(viii)
14 days plus period of journey to members of Lok
Sahayak
Sena and who have won certificate to participate in
Republic
Day parade.
(ix)
For attending Court of Law as jurors.
(x)
A maximum of 6 days plus journey period to the
members
of Indian Institute of Public Administration who
reside
outside Delhi.
(xi)
A maximum of 7 days in a year to the members of St
John
Ambulance Association for performing duties on the
occasion
of festivals, natural calamities etc.
(m)
Combination of Casual/Regular Leave with Special CL.Special
CL
and CL can be combined but not regular leave with Special CL
(n)
LTC during Special CL. Can be availed.
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