Notes on CCS Leave Rules

LEAVE RULES

LEAVE AT A GLANCE

GENESIS

1. The Central Civil Services(Leave) Rules, 1972 came into force with effect from June 01, 1972. These are statutory rules governing grant of leave applicable to all Government servants, except those who are governed by a separate set of rules, e.g. Railway employees, members of All India Services etc. The details of the exceptions are available at Rule(2) of these rules.

KINDS OF LEAVE

2. There are different kinds of leave, which are described below, provided in the CCS (Leave) Rules, 1972. As per the policy of the Government, leave is credited in advance to the “Leave Account” of a Government servant in a half-year(on 1st January and 1st July respectively) and debited as and when leave is taken by him/her. However, there are some “Special Kinds of Leave” which are not debited to the leave account. The table given below indicates different kinds of leave and whether it is debited or not debited to the individual leave account:

3. CASUAL LEAVE(CL)/ RESTRICTED HOLIDAYS(RH) / COMPENSATORY OFF/ SPECIAL CASUAL LEAVE

3.1 These are not any regular kind of leave and as such is not covered in the CCS(Leave) Rules, 1972. The absence in these categories may be either anticipated or not anticipated. It is always advisable to obtain sanction of leave, unless it is sudden and completely not anticipated.

3.2 Casual Leave/Restricted Holidays/Compensatory Off/Special Casual Leave is governed by executive instructions issued by the Government from time to time.

Main features of these absences are discussed below:

 The entitlement in a particular year in respect of Casual Leave is eight (8) at present for a normal person and 12 in respect of a differently-abled person. It is the only form of absence that can be availed of for a half-day.

 A maximum of two Restricted Holidays(RH) can be availed of by any Government Servant in a particular calendar year from the list of RH circulated by the Government, with prior approval of the competent authority.

 Compensatory Off can be availed of by a Government servant in lieu of his/her working in a holiday, provided no other financial incentives are granted(OTA/Honorarium) for that day. Normally, it should be availed of within a month and in that case there is no limit to the number of Compensatory Off.

In case it could not be taken within a month, a Government servant in the subsequent calendar month could avail of a maximum of two compensatory off,

with special permission from the Joint Secretary in-charge of Administration/Head of Department.

 Special Casual Leave is granted for participation of a Government servant in some National sports/cultural events, Family Planning, Natural Calamities, Bandh etc.

4. GENERAL CONDITIONS

(i) Leave cannot be claimed as a matter of right [Rule 7 (1].

(ii) Leave may be refused, curtailed or revoked, in the public interest.

(iii) Kind of leave due and applied for cannot be altered by the organisation, except at the written request of the Government Servant [Rule 7(2)].(iv) Any claim to leave at credit ceases from the date of dismissal or removal or resignation from Government service. However, technical resignation to take up appointment against any outside post under the Government of India with prior permission does not entail any such lapse [Rule 9 (2)].

(v) The past service of a re-employed pensioner, retired on compensation pension or invalid pension/gratuity would also be counted towards leave, if such past service were counted for pension purposes.

(vi) Leave may be commuted retrospectively into leave of a different kind, which was due and admissible at the time the leave was sanctioned. There are some prescribed conditions for availing of such conversions. However, such commutation cannot be claimed as a matter of right. The commutation would entail adjustment of leave salary on the basis of leave finally granted to Government Servant [Rule 10 (1)].

(vii) Any leave may be combined with any other kind of leave. Special Casual Leave and RH may also be combined with regular leave or causal leave but not with both. Casual leave cannot be combined with regular leave under normal circumstances. However, in a special case, ½ day C.L. applied for the

second half may be allowed to be prefixed to regular leave, if he/she doesn’t have any further CL at his credit and he/she is unable to resume duty on the next working day due to sickness or other compelling

grounds and has to avail of regular leave.

(viii) A Government servant cannot be granted leave of any kind for a continuous period exceeding five years except with the approval of the President in special cases [Rule 12 (2)].

(ix) Leave shall not be granted to a Government Servant whom a competent

punishing authority has decided to dismiss, remove or compulsorily retire from

Government service. Also leave shall not be granted to a Government

Servant who has been placed under suspension.

5. GRANT OF AND RETURN FROM LEAVE

(i) LEAVE ON MEDICAL CERTIFICATE [Rule 19].a) To be granted only on production of medical certificate granted by the CGHS

Doctor (if CGHS beneficiary) or from the AMA/Government Hospitals

b) In case of doubt second medical opinion from a civil surgeon/staff surgeon

may be obtained.

c) Production of MC may be waived at the discretion of competent authority for

leave not exceeding three days.

d) On expiry of leave on MC Government servant should be allowed to resume

duty only on production of fitness certificate.

(ii) COMBINATION OF HOLIDAYS WITH LEAVE [Rule 22].

a) Holidays, Restricted holidays and compensatory off may be prefixed/ suffixed to

any kind of leave including commuted leave.

b) Holidays prefixed/suffixed to leave are to be treated as duty for the purpose of

drawl of pay and allowances.

(iii) RECALL TO DUTY BEFORE EXPIRY OF LEAVE [Rule 23].

From leave in India

a) Government servant shall be treated as on duty from the date on which he starts

for the station to which he is ordered to join.

b) Travelling allowance for journey from leave-address to the place of posting on

recall.

c) Leave salary at same rate until he joins his post.

From leave outside India

a) Time spent on the voyage to India shall count as duty for purpose of calculating

leave.

b) Leave salary at same rate until he joins his post.

c) A free passage to India

d) Travelling allowance from the place of landing in India to the place of duty.e) Refund of his passage from India if he has not completed half of the period of leave

or three months whichever is shorter.

(iv) OVERSTAYAL OF SANCTIONED LEAVE [Rule 25(1)].

a) A Government servant who remains absent after the end of leave is entitled to no

leave salary for the period of absence not regularized by grant of leave.

b) Such a period of absence is debited against HPL due and excess if any treated as

E.O.L.

c) Wilful absence renders Government servant liable to disciplinary action.

d) Such a period of absence does not count as qualifying service for pension and as

duty for increment.

e) Such a period of absence, however, does not entail loss of lien.

f) Period of absence without any sanctioned leave may be treated as Unauthorised Absence and attracts disciplinary action. Competent authority may declare the unauthorised leave as dies non, which may cause break in service and therefore loss in pensions, etc.

6. RETROSPECTIVE CONVERSION OF ONE KIND OF LEAVE TO THE OTHER :

[Rule 10 (1)].

Leave of any kind availed of by a Government Servant could be subsequently converted to any other kind of leave on the following conditions:

a) The kind of leave for which conversion is applied for should be due and admissible to a Government servant at the time of original sanction of the leave.

b) The Government Servant has to apply within 30 days of his/her joining to the officeafter availing of such leave, for which application of conversion is submitted