Posts Tagged ‘Earned Leave’

Types of Leave applicable to Central Government Employees as per Leave Rules

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Types of Leave applicable to Central Government Employees as per Leave Rules

A brief on all Types of Leave applicable to Central Government Employees as per Leave Rules – Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due, Maternity Leave, Paternity Leave, Study Leave, Extraordinary Leave, Chile Care Leave and More

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

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

3.Commuted Leave: This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.

It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

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

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

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

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

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

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

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

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

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

Study leave will not be debited to the leave account and may be combined with other leave due. Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

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

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

9. Casual Leave : In a calendar year eight days of casual leave is permissible.

Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

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

(ii) It cannot be combined with joining time.

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

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

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

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

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

(viii) LTC can be availed 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.

10. Child Care Leave : Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..

Conditions for Child Care Leave

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

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

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

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

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

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

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

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

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

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

Maximum of 24 months of leave may be granted.

May be combined with any other leave.

Will count as service for pension.

Will not be debited to the leave account.

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

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

It may be combined with leave of any other kind. Leave not debited against the leave account.

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

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

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Be the first to comment - What do you think?  Posted by admin - January 11, 2017 at 10:15 am

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Accumulation of Leave on Average Pay (LAP) by the employees

Accumulation of Leave on Average Pay (LAP) by the employees – Advance Correction Slip No. 78 of IREC Vol.I. (1985 Edition) reprint Edition of 1995.

LAP-earned-leave-average-pay

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110055

Affiltated to:
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. II/10

Dated: 22/02/2016

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Accumulation of Leave on Average Pay (LAP) by the employees – Advance Correction Slip No. 78 of IREC Vol.I. (1985 Edition) reprint Edition of 1995.

Ref: (i) NFIR’s PNM item No.5/2010.
(ii) Railway Board’s letter No. E(P&A)I-2010/FE-4/2 dated 05/07/2013 addressed to GS/NFIR.

*********

With reference to above, the Federation encloses herewith a copy of its letter of even number dated 22/02/2016 addressed to the DOP&T seeking review of the case as the situations in the Railways are different.

NFIR requests the Railway Board to pursue the matter again with the Ministry of Personnel (DoP&T) at appropriate higher level for obtaining special dispensation so that leave can be got accumulated beyound 300 days by the Railway employees. A copy of the proposal being sent to the DoP&T may be endorsed to the Federation for taking follow up action.

DA/As above

Yours faithfully,
(Dr. M. Raghavaiah)
General Secreatary

Copy to the General Secretaries of affiliated Unions of NFIR.
Media Centre/NFIR.
File No.05/2010 (PNM).

 

Accumulation of Earned Leave/Leave on Average Pay (LAP) beyound 300 days.

No. 13012/I/2010-Est (L)

Department of Personnel and Training
Establishment(Leave) Section
**********

New Delhi, the 24th September, 2012

OFFICE MEMORANDOM

Subject: Accumulation of Earned Leave/Leave on Average Pay (LAP) beyound 300 days.

The Undersigned is directed to refer to Ministry of Railways (Railway Board) O.M.No. E(P&A)I-2010/FE-4/2 dated 10.9.2012 on the above subject and to say that proposal therein is not agreed to as the justification given for the same is not satisfactory. When due leave is not even being availed and accumulations are lapsing there does not seem to be any case for further compounding such unavailed accumulations.

Further the Govt. Policy under lying the CCS (Leave) Rules, 1972 is to encourage Government servant to break the monotony of routine work through periodical savvaticals and balancing the same against the demand of public interst & exigencies. Ministry of Railways is requested to revisit their policy of grant of leave, so that the workforce is not denied leave in cases of acute personal needs and also be encouraged for periodic time off.

(Rishi Pal)
Section Officer

Ministry of Railways
(Shri K.Shankar, Dir.Estt.(P&A)
Railway Board
Room No.337-A, Pragati Madan
New Delhi

Source: NFIR

Be the first to comment - What do you think?  Posted by admin - February 23, 2016 at 7:10 pm

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7th CPC Recommendations on Encashment and Accumulation of Earned Leave

7th CPC Recommendations on Encashment and Accumulation of Earned Leave

“The recommendations in relation to pay of both the civilian and defence forces personnel will also lead to a significant increase in the pay drawn and therefore in the total amount of leave encashment available for an employee. Therefore raising the present ceiling of 300 days is not recommended by the Commission”.

Earned Leave : Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence personnel.

EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC.

Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20 years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.

Leave Encashment permitted at the time of retirement:

CPC Earned Leave
IV CPC  240 days
V CPC 300 days
VI CPC 300 days
# # excludes 60 days EL encashment during LTC

Half Pay Leave (HPL) : Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.

Analysis and Recommendations : The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended

Analysis and Recommendations : In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.

The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered.

The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.

Be the first to comment - What do you think?  Posted by admin - January 29, 2016 at 12:30 pm

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7th Pay Commission Report on Leave Encashment of EL

7th Pay Commission Report on Leave Encashment of EL

 

Enhancement of ceiling of Earned Leave for purposes of Leave Encashment

 

The Commission has received representations seeking raising the ceiling limit of 300 days to 450 days for purposes of Leave encashment.

 

7th Pay Commission Report on Leave Encashment of EL

 

 

Analysis and Recommendations : The Commission notes that based on the recommendations of the VI CPC, serving employees are entitled for encashment of Earned Leave up to 60 days while in service. This is not to be deducted from the maximum number of Earned Leave of 300 days encashable at the time of retirement. The VI CPC, therefore, has further liberalised the regime of leave encashment.

 

The recommendations in relation to pay of both the civilian and defence forces personnel will also lead to a significant increase in the pay drawn and therefore in the total amount of leave encashment available for an employee.

 

Therefore raising the present ceiling of 300 days is not recommended by the Commission.

 

Authority: 7th CPC Report

Be the first to comment - What do you think?  Posted by admin - December 13, 2015 at 7:37 pm

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ENTITLEMENT OF LEAVE FOR REGULAR POSTAL EMPLOYEES

ENTITLEMENT OF LEAVE FOR REGULAR POSTAL EMPLOYEES

Those who were recruited and appointed as regular postal employee in various cadres like Postal Assistant /Sorting Assistant or Postman or MTS they are entitled for leave from the date of joining in the post as detailed below.

Earned Leave  : 15 days for 6 completed months of service
Half Pay Leave : 10 days for 6 completed months of service
Casual Leave : 8 days for calendar year
Restricted Holidays : 2 days for calendar year

As detailed above, therefore the Government servant can avail per year with full pay & allowances

EL : 30 days
CL/MC: 10 days
CL : 8 days
RH : 2 days

Total : 50 days.

Note:
EL and Half pay leave can be accumulated in the individual leave account without limit barring EL will 300+15 days. Hence the GS can avail as and when they need leave limited to maximum 180 days in a single spell. While on retirement from service Cash equivalent to leave salary will be paid for the balance of EL at their credit subject to maximum of 300 days.

Source : http://indianjobguru.in/

Be the first to comment - What do you think?  Posted by admin - March 24, 2014 at 5:39 pm

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Clarification regarding 30 days EL to Industry Employees of OFB

PC of A (Fys) clarification letter No. Pay/Tech-II/1058, Dated 10.01.2014 regarding 30 days EL w.e.f. 20.07.1998 to be granted to Industry Employees (IEs) of OFB:

Office of the Principal Controller of Accounts ( Fys.)

1.0-A,S.K.Bose Road, Kolkata-700001
No. Pay/Tech-II/1058
Date: – 10/01/2014

To
All Cs of F&A(Fys.)/Br.AOs,

Sub:- Authorisation of Earned Leave in respect of Industrial Employees (IEs) Of Ord. Fys and Ord. Equip. Fys.

Ministry of Defence vide ID No.8/1R108/D(Fy.II) dated 25/09/20,13 has clarified that the Industrial Workers employed in Ordnance factories are entitled for 30 days Earned Leave (Annual Leave) with wages. With the issuance of the clarification the provisions contained in DOP&T OM dated 20-07-1998 has become equally applicable to Industrial Employees, opted to be governed under Factories Act for Earned Leave purpose by virtue of the provisions contained in Section 78 of the Factories Act, 1948. Further, on specific queries, the Ministry confirmed that the clarification should be given effect from 20-07-1998.

In view of the above following instructions are issued for immediate implementation:

1) Entitlement of 30 days Earned .Leave for each completed year of service may be extended to IEs who are guided under Factories Act invoking provisions of Section 78 of Factories Act.

2) The benefit of calculation of leave wages as per Section 80 of the Factories Act may be extended only to those piece workers who already opted to be guided under Factories Act for EL purpose on or before 31/10/2005. No fresh option in this regard is acceptable.

3) Crediting of 30 days EL for those IEs, as specified in Para 2, may be made w.e.f. 20/07/1998 subject to maximum accumulation of 120 days upto 06/11/2006 and 300 days thereafter.

4) Calculation of leave wages of such Industrial employees, as mentioned in Para 2 and debiting of availed leave in their leave account is to be made taking into account .intervening Sunday g & Holidays as inclusive of availed leave. Hence, instead of the existing formula of P/(N-S), their leave wages may be calculated as per regular establishment i.e. taking into account the formula of P/N where ‘P’ means the Basic Pay and piece work profit actually earned in the month immediately preceding the leave. If holidays fall during the currency of the availed Earned Leave, ‘Holiday Pay’ should not be allowed separately.

(Avra Ghosh)
Joint Controller of Accounts(Fys.)

Source: http://bpms.org.in/
[http://bpms.org.in/documents/ies-leave-2k1s.pdf]

Be the first to comment - What do you think?  Posted by admin - January 19, 2014 at 4:49 am

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Entitlement of 30 days EL Irrespective of option in respect of Industrial Employees of OFs.

Entitlement of 30 days EL Irrespective of option in respect of Industrial Employees of OFs.

MINISTRY OF DEFENCE
DEPARTMENT OF DEFENCE PRODUCTION
D(Estt/NG)

Subject: Entitlement of 30 days EL Irrespective of option in respect of Industrial Employees of OFs.

In continuation to this Ministry’s ID of even no. dated 04.10.2013 it is clarified that the entitlement of earned leave of 30 days would be with effect from 20.07.1998 as the clarification was issued in response to ambiguity being raised to the effect of DOP&T’s order dated 20.07.1998 with regard to entitlement of earned leave as was categorically mentioned in the first paragraph of the ID dated 04.10.2013.

sd/-
(Amlan Das)
Under Secretary

Source: www.bpms.org.in
[http://bpms.org.in/documents/el-clarification-7f6x.pdf]

Be the first to comment - What do you think?  Posted by admin - December 20, 2013 at 2:37 am

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30 days Earned Leave for Ordnance Industrial Employees

30 days Earned Leave for Ordnance Industrial Employees

The INDWF published the latest order regarding the entitlement of 30 days earned leave of option in respect of Industrial Employees of Ordnance Factory Board. The MoD order is reproduced and given below for your information…

Ministry of Defence
D(Estt/NG)

Sub: Entitlement of 30days EL irrespective of option in respect of Industrial Employees of OFs

I am directed to refer to OFB I.D >No 265/A/A dated 19.02.2013 and 01.08.2013 on the subject mentioned above. The matter has been examined in consultation with D(Civ-II) and they opined that DopT OM dated 20.07.1998 inter alia provides ….”As per the agreement with the staff side of National Counsel (JCM) signed on 11.09.1997,the govt. has decided that henceforth the Industrial Employees in Central Government Department other than Railways shall be entitled to 30 Days EL for each completed year of service irrespective of the number of years of service rendered by the employee, subject to the holidays shall also count towards such Leave”. The matter had also been consulted with Ministry of Labour and they have also opined that the Industrial workers employed in Ordnance Factories are entitled to 30 days Annual Leave with wages as per the terms of agreement. Further even Section -78 of the Factories Act 1948 allows leave beyond 18 days for each year of service rendered once an agreement to this effect is in place. Accordingly , it would be applicable to all the OF Industrial Employees

In view of above clarifications the entitlement of Earned Leave available to the employees of Ordnance Factories may henceforth be dealt accordingly.

Source: http://centralgovernmentemployeesnews.in

Be the first to comment - What do you think?  Posted by admin - October 10, 2013 at 4:30 pm

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Dopt Clarification Orders on Joining Time Rules

Dopt Clarification Orders on Joining Time Rules : Dopt has issued some clarifications as in the type of Questions and Answers.

Joining Time Rules

SI. No. / Frequently asked Questions / Answer

1. Whether Joining time / Joining Time pay is admissible in case of technical resignation of a Government servant to join another Government organization?

For appointment to posts under the Central Government on the results of a competitive examination and or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time.
A Government servant shall be treated on duty during the period of joining time and shall be entitled to joining time pay equal to the pay and allowances like DA, HRA, CCA, drawn before relinquishment of charge at the old post. But temporary Central Government employees with less than 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay. {Rule 4 (4) of CCS(JT) Rules}

2. When can the unutilized joining time be credited as Earned Leave?
Rule 6 (1) of the CCS (Joining Time) Rules provides that when a Government servant joins a new post without availing full joining time by reasons that—

(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or

(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family, then the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (JT) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave.

3. Whether joining time can be combined with leave?
Rule 6(2) of the CCS (Joining Time) Rules provides that Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]

Be the first to comment - What do you think?  Posted by admin - March 31, 2013 at 9:13 am

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Encashment of Earned Leave on joining Central Government from PSUs – Dopt orders

Encashment of Earned Leave on joining Central Government from PSUs & vice versa

Sl. No. / Frequently asked Questions / Answer

1. Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.?
Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.

2. Whether Leave encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?
Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period.

3. Whether cash equivalent of leave salary in case of permanent absorption in PSU/Autonomous Body is permissible?
A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012}

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

Be the first to comment - What do you think?  Posted by admin - at 9:09 am

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Entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways – CGDA Orders

Office of the Controller General of Defence Accounts
Ulan Batar Road, Delhi Cantt – 110010

No.AT/II/2188 (PC) 10/03

Dated: 19 Oct 2011

The PCA (Fys)
Kolkata

Subject: Entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways.

Reference: Your office letters No Pay/Tech-II/1058 dated 01-10-2010 and this HQrs letter even No dated 13-07-2011.

The issue of entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways was referred to MoD (Fin) for examination and issue of clarification. MOD (Fin) has examined the issue in consultation with MoD/D (Civ-II) and MoD/ D (Fy-II)/DDP and accordingly MOD Fin (DP-l), vide their notings dated 22-09-2011 has intimated that it was clearly indicated in the order dated 5.8.2005 that it would be last chance and the option given vide order dated 5.8.2005 was for changing their earlier option for purpose of leave and the employees who did not exercise their option implies that they wish to remain with their earlier option and the employees who had not exercise their option in favour of CDS (lE) Rules, 1954 means they opted to be remain governed under the Factories Act. MOD Fin (DP-I), has further observed that in view of the views given by Ministry of labour it is clear that the factories Act, 1948 and CDS (IE) Leave Rules, 1954 are two different laws and the employees cannot have benefit of both. The ‘law’ will be applicable to only such employees who chooses to opt for that.

2. Necessary action to regulate the affected cases may be taken accordingly.

sd/-
For CGDA

Copy to

1. The Chairman
10 A, S K Bose Road Ordnance,
Factory Board, Kolkata-700001 For information

2. Shri Sadhu Singh
General Secretary, BPMS

2-A, Navin Market Kanpur-208001 For information with reference to your letters No. BPMS/LEAVE/57 (7/3/L) dated 23-09-2010, 15-10-2010 and 07-06-2011.

3. Shri C. Srikumar
General Secretary, AIDEF
S. M. Joshi Bhawan, Survey No 81 Dr Babasaheb Ambedkar Road Khadki, Pune – 411 003

For information with reference to your letters No. O60/1060/CGDA/AIDEF/AIDEF/11 dated 12-04-2011.

Be the first to comment - What do you think?  Posted by admin - December 17, 2012 at 1:57 pm

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CGDA Orders : Clarification regarding availing of Restricted Holiday

CGDA Orders : Clarification regarding availing of Restricted Holiday

An important order issued by the Department of CGDA regarding mid-fix of Restricted Holiday between Casual Leave and Regular Leave.
Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-110010
No. AN/XIV/19404/Leave Matters/Vol-II
Dated: 19/11/2012
To
All PCsDA/CsDA/IFAs
PCof A(Fys) Kolkata
(through CGDA Mail server)
Subject: Clarification regarding availing of Restricted Holiday.
A doubt has been raised by one of the Controller’s office regarding mid-fix of RH between Casual leave and regular leave. The matter has been examined with reference to provisions laid down under GoI’s decision No.2 read with Rule 22 and Rule 11 of CCS Leave Rules and it is clarified that :-
(a) RH can be mid-fixed between Casual Leave, as CL is not a recognized form of leave.
(b) However, RH cannot be mid-fixed or sandwiched between two spells of any kind of regular leave viz. EL but can only be prefixed or suffixed.
sd/-
(Chitra Mahendran)
For CGDA
Source: www.cgda.nic.in
[http://www.cgda.nic.in/adm/rh191112.pdf]

Be the first to comment - What do you think?  Posted by admin - November 21, 2012 at 1:43 pm

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Restoration of 10 days EL along with 20 days HPL for KV Teachers

Restoration of 10 days EL along with 20 days HPL for KV Teachers

Restoration of 10 days Earned Leave along with 20 days Half Pay Leave for KV Teachers : The main issue was pointed out by the AIKVTA in the JCM meeting as “GOI has restored the provision of 20 days Half Pay Leave (P.A) for teachers (Who are vocational staff) as per recommendations of 6th CPC. However, simultaneously the earlier provision of 10 days Earned Leave p.a. has been withdrawn. This has terminated a facility granted to teachers after long struggle, 10 days Earned Leave should be granted to KV teachers alongwith 20 days HPL as per recommendations of 6th CPC or at least it should be restored as was earlier to 6th CPC.

Comment of KVS : KVS is an autonomous organisation under Ministry of HRD, Govt. of India, the Government of India and the Govt. of India Rules as framed time to time through various Pay Commissions etc. These rules are extendable to its employees mutatis-mutandis.
The present order is based on GOI circular No.13013/2/2008-Estt.(L) dated 11th November, 2008 issued on the recommendations of 6th CPC. Hence, restoration of 10 days EL alongwith 20 days HPL p.a. for teachers is not feasible as per CCS (Leave) Rules.

Decision/Recommendation : The order is issued based on recommendations of 6th Pay Commission; hence the demand for restoration of 10 days Earned Leave in addition to 20 days HPL was not accepted.

Be the first to comment - What do you think?  Posted by admin - August 31, 2012 at 5:52 pm

Categories: KV School   Tags: , , , ,