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Showing posts with label Leave Rule. Show all posts
Showing posts with label Leave Rule. Show all posts

Monday, March 24, 2014

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/

Friday, January 10, 2014

CHILD CARE LEAVE to Central Government Female Employees


CHILD CARE LEAVE 

Introduction of child care leave in respect of Central Government employees as per recommeded in the sixth Central Pay Commission, women employees having minor children may be granted CCL by an authority competent to grant leave for a maximum period of 730 days during their enitre service for taking care of up to two children, whether for rearing or to look after any of their needs like examination, scikness etc. Hence Earned Leave availed specifically for this purpose only should be converted. Child Care Leave shall not be admissible if the child is eighteen years of age or older.

On recommendations of sixth pay commission, the CCL was announced to help women employees to take better care of their children and family. But the privilege backfired to several central government departments being like a hill with applications from women employees for CCL. After consideration of all the views, Dopt declared, 'CCL can be availed only if the employee concerned has no Earned Leave in her account. Those who have already taken the CCL will either have to return to office or part with their accumulated with Earned Leave'.

In further, Dopt orders said that "CCL cannot be demanded as a matter of right. Under no circumstances can any employee proceed on CCL without prior proper approval of the leave by the leave sanctioning authority. The leave is to be treated like the Earned Leave and sanctioned as such. Consequently, Saturdays, Sundays, Gazetted holidays etc. falling during the period of leave would also count for CCL, as in the case of Earned Leave. CCL can be availed only if the employee concerned has no Earned Leave at her credit.

and also instrcuted as "CCL may not be granted in more than 3 spells in a calendar year. CCL may not be granted for less than 15 days. CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

Wednesday, November 13, 2013

Leave Rules –Casual Leave-- a Gist


Leave Rules –Casual Leave-- a Gist

Casual Leave:

(i) 8 days for having 17 holidays & 10 days for others.

(ii) Can be granted upto 8 days at any one time.
 CL CAN BE GRANTED FOR 5 DAYS AT A STRECH.

(iii) Can be granted for half-day also.

(iv) Can be combined with Special Casual Leave but not with any other leave and joining time.
(v) Half-day Casual leave may be combined with regular leave if the absence on the next working day was due to sickness or other compelling reason.
(OM No 60/45/65-Estts (A) dated 4-2.1966)

(vi) The officials with disabilities are entitled four more days special casual leave in a calendar year.
(DOPT OM No. 25011/1/2008-Estt (A) dated 19-11-2008)

(vii) Half day CL to be debited for late attendance to the CL account of an employee for each late attendance but late attendance upto an hour and not more than two occasions in a month may be condoned by the competent authority if he is satisfied that it is due to unavoidable reasons.
DOPT OM No. 9 (17) E II (B)/65 dated 27.11.1965)


Thursday, March 28, 2013

FAQ on Leave - Earned, Commuted, Paternity, Study, Child Care and Leave Encashment on LTC




In this post you will read Frequently Asked Question (FAQ) on following various type of leave matters issued by Department of Personnel & Training, published by DoPT on 25-03-2012, Please scroll down to read full:-
  1. FAQ on General entitlement of leave
  2. FAQ on Leave Encashment with LTC
  3. FAQ on Encashment of Earned Leave on joining Central Government from PSUs & vice versa
  4. FAQ on Leave Encashment on Suspension/Dismissal/Removal
  5. FAQ on Interest on Leave Encashment
  6. FAQ on Study Leave
  7. FAQ on Paternity Leave for Child Adoption/Child Adoption Leave
  8. FAQ on Child Care Leave
  9. FAQ on Commuted Leave

No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****
Establishment (Leave) Section
  
General entitlement of leave


Sl. No.
Frequently Asked Question
Answer
1
What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded? What is the impact if such limit is exceeded?
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1))
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))
2.
What are the leave entitlements of Govt. servants serving in a vacation regulates Department?
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:-
(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.
(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.
(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26.
  • For the purpose of this rule, the term meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.
  • A Government servant entitledto vacation shall be considered to have availed himself of avacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation:
  • Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.
  • When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.
  • As per Rule 29(1) the half payleave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of everycalendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008








Leave Encashment with LTC
Sl. No.
Frequently Asked Question
Answer
1.
Whether encashment of leave is allowed after LTC is practice,availed?
Sanction of leave encashment should, as a be done in advance, at the time of sanctioning the LTC. However, ex-post- facto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.
2.
Whether encashment of leave with LTC can be availed at the time when the LTC is availed the Government servant only or can leave be encashed at the time when LTC is availed by family members?
Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or by when his family avails it provided other conditions are satisfied.
3.
Whether leave encashment should be revised onretrospective revision ofpay/D.A?
In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.
4.
Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?
The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half PayLeave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006 {O.M No. 12012/3/2009- Estt.(L) dated 28-12-2012)

  
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 PSU/Autonomous Body is permissible?
A Government servant who has been permitted to be absorbed in a in Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalentof 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 )

  
Leave Encashment on Suspension/Dismissal/Removal
Sl. No.
Frequently asked Question
Answer
1.
Whether leave encashment be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment may be allowed in such ca ases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave ncashment in the case of a Govt. servant who retires from service on attaining the ge of superannuation while under uspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of ome money becoming recoverable from him on conclusion of the proceedings gainst him. On conclusion of the proceedings he/she will become eligible to he amount so withheld after adjustment of Government dues, if any.
2.
Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, service?
A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the from date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

  
Interest on Leave Encashment
Sl. No.Frequently asked QuestionAnswer
1.Whether interest is payable on delayed payment of leaveNo. There is no provision in the CCS Leave) Rules 1972 for payment of interest

 
Study Leave
Sl. No.Frequently asked QuestionAnswer
1.What is the maximum amount study leave which can be other availed?The maximum amount of study leave for of than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}.
2.Whether study leave can be clubbed with other leave?Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)
3.What is the validity period of bond to be executed by the Government servant while proceeding on study leave?Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).
4.Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

 
Paternity Leave for Child Adoption/Child Adoption Leave
Sl. No.Frequently asked QuestionAnswer
1.How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption LeaveAs per notes below rules 43AA and 43B Child" for the purpose will include a child aken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is reated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child'.

 
Child Care Leave
Sl. No.Frequently asked QuestionAnswer
1.Whether women employees of Public Sector undertakings/ Bodies etc. are entitled toOrders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ CCL? Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.
2.Whether Govt. servant can be permitted to leave station/go abroad while on CCL?Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.
3.What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL. ' The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C}
4.Whether child care leave has been extended to female industrial employees?Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.

Commuted Leave
Sl. No.Frequently asked QuestionAnswer
1.Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

 
(S. G. Mulchandaney)
Under Secretary
 
 
Courtesy : http://karnmk.blogspot.in/

Monday, December 31, 2012

Grant of Child Care Leave - Woman employees cannot demand as a matter of right-Clarification



GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS / RAIL MANTRALAYA 
(RAILWAY BOARD)
No. E(P&A)I-2012/CPC/LE-5
New Delhi, dated 17.12.2012
The General Secretary, NFIR,
3, Chelmsford Road, New Delhi – 110055.

Dear Sir

Sub: Grant of Child Care Leave without any reason.

The undersigned is directed to refer to your letter No. 1/5(f) dated 14.11.2012 and to state that as per the extant instructions contained in Board’s letter dated 23.10.2008 and 12.12.2008, woman railway employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of two years (i.e.730 days) during their entire service for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness etc. and that Child Care Leave cannot be demanded as a matter of right.

Therefore, in order to enable the competent authority to decide on the application for CCL, reasons have to be mentioned and this condition cannot be dispensed with. Moreover, DOP&T has issued instructions in this regard which have been adopted in toto for the female railway employees. In the circumstances, Ministry of Railways also cannot unilaterally alter the purpose for which Child Care Leave is introduced to female railway employees.

In light of this, the demand is not feasible for acceptance.

Yours faithfully 
sd/-
for Secretary, Railway Board.
Source: http://nfirindia.com/

Wednesday, November 21, 2012

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]

Saturday, August 18, 2012

Paternity Leave when a child is adopted




As per Office Memorandum No. 13018/1/2009-Estt.(L) dated 22.07.2009 (Click here to download this OM) issued by DOPT, A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year, may be sanctionedPaternity Leave for a period of 15 days within a period of six months from the date of valid adoption.
We also provide here the details of Maternity and Paternity Leave
Maternity Leave:
(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.

(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
NOTE:- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19:
Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.
(4) (a) Maternity leave may be combined with leave of any other kind.
(b) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum oftwo years may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account.
Paternity leave:
(1) A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The paternity Leave may be combined with leave of any other kind.
(4) The paternity leave shall not be debited against the leave account.
(5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
NOTE:- The Paternity Leave shall not normally be refused under any circumstances.
Source : http://www.gconnect.in/

Tuesday, July 10, 2012

Leave Rules- FAQ

51.  What is the position in case if no casual leave on account for debiting to late attendance? If the leave sanctioning authority does not want to condone the delay, what action can be taken?

Ø  If an official who has no casual leave to his credit comes late without sufficient justification and the administrative authority is not prepared to condone the late coming, he may inform the official that he will be treated as on unauthorized absence for the day on which he came late and leave it to the official himself either to face unauthorized absence or to apply for earned leave or any kind of leave due and admissible for the entire day, the same may be sanctioned. This is the order of the Ministry of Home Affairs dt. 05.03.82. As such Question of Dies non will not arise in such cases.
 
52.  How many days an official can avail Earned leave at a stretch?

Ø  Since 12.10.1990, it has been increased to 180 days.

53.  Whether the Fitness certificate should be obtained from the same doctor who certified the illness?

Ø  Not necessary. The rules do not envisage that the fitness certificate should be given by the same doctor who gave the medical certificate. 

54.  If an official is directed for 'Second Medical Opinion' to D.M.O, whether he is entitled to claim TA/DA or not? It is not paid anywhere. Why?

Ø  As per Rules, any employee who has been asked to proceed to some other station for second medical opinion, he should be granted T.A. for the journey period and D.A for a maximum period of two days calculated as on tour. This facility is allowed only in cases of Second medical opinion for grant of original leave and not for extension of leave.
55.  An employee is having just five years of service for his superannuation. He applied for EL which has been rejected. Is it correct?
Ø  As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career.

Thanks to Comrade  J.Ramamurthy,  http://aipeup3tn.blogspot.in/

Friday, April 13, 2012

Central Civil Services (Leave) (Third Amendment) Rules, 2012


[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART II, SECTION-3, SUB-SECTION (I)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
NOTIFICATION
New Delhi, the 4th April, 2012.
G.S.R…..- In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Auditor and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) (Third Amendment) Rules, 2012.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), in rules 43-AA, the existing "Note" shall be numbered as "Note I" and after Note I as so renumbered, the following note shall be inserted, namely :-
Note 2:- "Child" for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child".
3. In the said rules, in rule 43-B, the following note shall be inserted, namely:
‘Note :- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal Law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child".
[F.No 13026/5/2011-Estt.(L)]
sd/-
(Mamta Kundra)
Joint Secretary to the Government of India
Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_5_2011-Estt.L-04042012.pdf]

Sunday, April 01, 2012

FIVE YEARS ABSENCE IS CONSIDERED A RESIGNATION

New Delhi, Mar 30, 2012(PIB): The CCS (Leave) Rules has been amended by the Department of Personnel and Training (DOPT) vide Notification F.No.13026/2/2010-Estt.(L)] dated 29.03.2012. You can't take leave excess five years.
According to the new amendment, the Government Servants cannot be granted any kind of leave for a continuous period more than 5 years. It has been further laid down that any government servant if absent from duty for more than 5 years continuously with or without leave (other than on Foreign Service), they shall be deemed to have resigned from their post. The said notification is placed below for your ready reference.

Click here for the notification.

Tuesday, January 10, 2012

CCS (Leave) (Fifth Amendment) Rules, 2011 - “Seamen’s sick leave”













“In the First Schedule to the Central Civil Services (Leave) Rules, 1972, against Sl.No. (I) in column 2 after the words "Seamen's Sick Leave" the words "Paternity Leave, Child Adoption Leave, Paternity Leave for Child Adoption and Child Care Leave: shall be inserted.”
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Notification

New Delhi, the, 27.12.2011.
G.S.R. In exercise of the powers conferred by the proviso to article 302 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit Accounts Department, the President hereby make the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely :-
1. (1) These rules may be called the Central Civil Services (Leave) (Fifth Amendment) Rules, 2011.
(2) In the First Schedule to the Central Civil Services (Leave) Rules, 1972, against Sl.No. (I) in column 2 after the words "Seamen's Sick Leave" the words "Paternity Leave, Child Adoption Leave, Paternity Leave for Child Adoption and Child Care Leave: shall be inserted.

sd/-
(Mamta Kundra)
Joint Secretary
Source: www.persmin.nic.in
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_4_2011-Estt-L-27122011.pdf]

A more detailed definition is given in the brochure of Central Civil Services (Leave) Rules, 1972 about the Seamen’s sick leave...
47. Seamen’s sick leave
(1) A Government servant serving as an officer, warrant officer or petty officer on a Government vessel may, while undergoing medical treatment for sickness or injury, either on his vessel or in hospital, be granted leave, by an authority competent to grant leave, on leave salary equal to full pay for a period not exceeding six weeks:
Provided that such shall not be granted if a Government Medical officer certifies that the Government servant is malingering or that his ill health is due to drunkenness or similar self-indulgence or to his own action in will fully causing or aggravating disease or injury.
(2) A seaman disabled in the exercise of his duty may be allowed leave on leave salary equal to full pay for a maximum period not exceeding three months, if the following conditions are fulfilled, namely:-
(a) a Government Medical Officer must certify the disability;
(b) the disability must not be due to the seaman’s own carelessness or inexperience’
(c) the vacancy cause by his absence must not be filled.
(3) (a) In the case of a person to whom the Workmen’s Compensation Act, 1923 (8of 1923), applies, the amount of leave salary payable under this rule shall be reduced by the amount of compensation payable under Clause (d) of sub-section (1) of Section 4 of the said Act.
(b) In the case of a person to whom the Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.