സ്ത്രീകള്‍ എങ്ങിനെ വസ്ത്രം ധരിക്കണം എന്ന് പുരുഷന്‍ നിഷ്ക്കര്‍ഷിക്കുന്നത് ശരിയോ? അല്ലെങ്കില്‍ തിരിച്ചും?

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

Wednesday, January 04, 2012

Casual workers were also entitled to Paid maternity leave: HC - Chennai


The Madras High Court judge said that as per Section 5(2) of the Maternity Act, women employees who had rendered more than 80 days of service during 12 months immediately precedingthe date of expected child delivery were entitled to 12 weeks of maternity leave with wages.
Chennai, Jan 03, 2012. (PTI) : Stating that casual workers were also entitled to three-month’s paidmaternity leave if they had worked for 80 days in 12 months preceding child birth, the Madras High Court today told the state government to regularise services of a woman who was denied leave and job byauthorities.
Passing orders on a writ petition filed by L Kannaki, who was denied maternity leave, not allowed to re-join duty and then refused regularisation of her job, Justice D Hariparanthaman said “Kannaki was unjustly denied maternity leave and employment when she reported to duty after delivery. The action of the authorities is totally illegal.”

The woman was working as a casual labourer at Exotic Cattle Breeding Farm under the Department of Animal Husbandry in Thanjavur district since 1988. Since 1993 the government had regularised services of hundreds of casual labourers there.
When in 1996 Kannaki became pregnant and requested for maternity leave, officials told her that she was not entitled for maternity leave being a casual worker. After her child was born in September 1996, she reported for duty. Theauthorities, however, refused to provide her employment.
She kept sending several requests and reminders seeking reinstatement and regularization of her services.
In 1999 though the Tamil Nadu Administrative Tribunal directed the department to reconsider its decision to deny her employment, her claim for reinstatement and regularization was rejected in an August 23, 2000 order.
Citing legal precedents supporting claims of Kannaki and slamming theauthorities for their abject refusal, the judge said that as per Section 5(2) of the Maternity Act, women employees who had rendered more than 80 days of service during 12 months immediately preceding the date of expected child delivery were entitled to 12 weeks of maternity leave with wages.
Rejecting the claim that if a job break was over 90 days, a casual employee could not be reinstated without consulting the employment exchange, the judge said the break in service was due to pregnancy and it had been proved by certificates and documents to prove that she delivered a male baby in September 1996.
The court directed the department to reinstate Kannaki within two months and regularise her job, besides paying her all monetary benefits from the date of regularisation.

Suurce : http://tkbsen.com/

Thursday, December 15, 2011

CHILD CARE LEAVE - FAQ

Q Who are entitled for Child Care Leave?
A Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) 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. Child Care Leave shall not be admissible if the child is eighteen years of age or older.
Q Am I eligible to draw Salary for the period for which Child Care leave is availed?
A During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
Q Whether CCL can be debited against any other type of Leave admissible to the employee?
A Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate).
Q Whether Child Care Leave can be combined with any other leave?
A It may be combined with leave of the kind due and admissible.
Q Whether Child Care Leave is applicable for third child?
A No. CCL is not applicable to third Child.
Q How to maintain Child Care Leave account?
A The leave account for child care leave shall be maintained in the proforma prescribed by Govt, and it shall be kept along with the Service Book of the Government servant concerned.
Q Whether CCL can be claimed as a matter of right?
A The intention of the Pay Commission in recommending Child Care Leave for women employees was to facilitate women employees to take care of their children at the time of need. However, this does not mean that CCL should disrupt the functioning of Central Government offices. The nature of this leave was envisaged to be the same as that of earned leave.
Q Whether we can prefix or suffix Saturdays, Sundays, and Gazetted holidays?
A As in the case of Earned Leave, we can prefix or suffix Saturdays, Sundays, and Gazetted holidays with the Child Care Leave.
Q Should we have any Earned Leave in Credit for the purpose of taking Child Care Leave?
A There was a condition envisaged in the Office Memorandum relevant to Child Care Leave to the effect that CCL can be availed only if the employee concerned has no Earned Leave at her credit. However, this condition was withdrawn by the Government and as such there is no need for having EL in credit to avail CCL.
Q Whether CCL can be availed without prior sanction?
A Under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority.
Q Can we avail CCL for the children who are not dependents?
A The Child Care Leave would be permitted only if the child is dependent on the Government servant.
Q Is there any other conditions apart from the total number of holidays and the age of the child?
A The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.
Further, 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.
Q Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as 'Urgent Work' but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated?
A Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leave availed specifically for this purpose only should be converted.
Q Whether all Earned Leave availed irrespective of 'number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year: for example 30 days CCL from 27th December, whether the Leave should be treated as one spell or two spells'?
A No. As the instructions contained in the OM dared 7.9.2010 has been given retrospective effect, all the conditions specified in the OM would have to be fulfilled for conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.
Q Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child C31.e Leave for the remaining period of the current year'?
A No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.
Q Whether LTC can be availed during Child Care Leave?
A LTC cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.
Q Whether Child Care Leave is applicable to All India Services?
A Yes. Child Care Leave is applicable to employees under All India Services.
With regard to the documents for family pension, including certificate of income, required to be submitted by a claimant member of family (other than spouse) along with application form (Form 14), PPO and death certificate after the death of a pensioner/family pensioner, the Department of Pension & Pensioners Welfare has clarified that the claims submitted by a claimant member of family (other than spouse) for family pension after the death of a pensioner/family pensioner, in Form 14 and supported by the death certificate and PPO of the pensioner/family pensioner, may be processed in consultation with the Pay and Accounts Officer, who is the custodian of the pension file which contains all relevant Forms and information of the pensioner. In a very rare case where the name of the claimant member is not available in the records of the Head of Office as well as the Pay & Accounts Officer concerned and the claimant member also fails to submit a copy of PPO or Form 3 containing 'Details of Family submitted earlier by the deceased employee/pensioner, the certificates prescribed at serial number 9(v) of Form 14 may be accepted. In addition to these certificates, PAN Card, Matriculation Certificate, Passport. CGHS Card, Driving License Voter's ID card and Aadhar Number may also be accepted. Acceptance of voter's ID card and Aadhar Number is subject to the condition that the pensioner/family pensioner certifies that he/she is not a matriculate and he/she does not have any of the documents mentioned in Form 14 or above Apart from these documents, the Ministries/Departments may accept any other document submitted by the claimant, which may be relied upon and which establishes the relationship of the claimant with the pensioner and/or contains his/her date of birth.
The applicant has also to prove that no other surviving member in the family, who may have a prior entitlement for family pension is eligible. For this purpose, the above and/or any other documents, such as marriage/death/income certificates of the other members which may be essential in a given situation may be used.Courtesy : http://nfpe.blogspot.com/

Leave Rules and Procedure for Central Govt. Employees

Leave Rules and Procedure for Central Govt. Employees
Some important questions are arising among the serving employees of Central Government regarding their leave, the nodal Department of Central Government has now clarified as a method of Question and Answer, Frequently Asked Questions. We have reproduced and given below for your easy convenience to read the clarifications about Leave Entitlement, Earned Leave, Child Care Leave, Leave Encashment, EL Encashment, Encashment on LTC, Calculation of Encashment, CCL for Public Sector Employees…
Frequently asked Question by Departmental of Personnel and Training…
1. What are the leave entitlement of Govt. servants serving in a vacation Department w.e.f. 1.9.2008? Earned leave for persons serving in Vacation Departments:-
(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 ‘year’ shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department. A Government servant entitled to vacation shall be considered to have availed himself of a vacation 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 pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.
2. Whether encashment of leave is allowed after LTC is availed.
Sanction of leave encashment should, as a rule, be lone 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.
3. Whether encashment of Leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members?
A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC himself or when his family avails it, provided other conditions are satisfied.
4. Whether leave encashment should be revised on retrospective revision of pay/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+DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, the Govt. servant would be entitled to encashment of Leave on the revised rates.
5. Whether encashment of Earned Leave allowed to a Govt. servant prior to his joining the Central Govt. is to be taken into account while retiring 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 in the concerned Govt. etc. need not be taken into accounl for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS(Leave) Rule.
6. Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment can be sanctioned, however Rule 39(3) of CCS (Leave) Rules, 1972 allows with holding of leave encashment in the case of a Govt. servant who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings he/she will become eligible to the amount so withheld after adjustment of Government dues, if any.
7.Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from service? A govt. servant who is dismissed/removed from service or whose services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.
8. Whether interest is payable on delayed payment of leave encashment dues? No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.
9. 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? Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving the Govt. / Department he may be allowed to submit his technical resignation to take up another post within the Central Govt.
10. Whether women employees of Public sector undertakings/Bodies etc. Are entitled to CCL?
Orders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry 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.
11. 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 Govt. servant has to go abroad for taking care of the child, she may do so subject to other conditions laid down for this purpose.
12. 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 of combination with 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., in a year, will apply.
Courtesy : http://cgstaffnews.com

Saturday, November 05, 2011

Amendment in CCS (Leave) Rules, 1972

The Central Government has amended the leave rules from time to time according to the situation in Government services. When unusual type with clarifications and doubts has been received from various Departments/Ministries by the Dopt, they consult with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, finally the amendment in CCS Rules has been approved by the President of India.
In recently, after 6th CPC more than three times amendment has made in these rules. In the middle of this year the Department of Personnel and Training issued an notification related to the above said matter, an amendment has been made in the Central Civil Services (Leave) Rules, 1972 in rule 27 in sub rule (2), for clause (b), the following clauses may be substituted, namely:-

“(b) When a Government servant is removed or dismissed from service, credit of earned leave shall be allowed at the rate of 212
days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service :

(c) When a Government Servant dies while in service, credit of earned leave shall be allowed at the rate of 212 days per completed month of service up to the date of death of the Government Servant.”
3. In the said rules, in rule 29, in sub-rule (2), for clause (c), the following clauses shall be substituted, namely :-
“(c) When a Government servant is removed or dismissed from service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service :
(ca) When a Government Servant dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed month of service up to the date of death of the Government Servant.
The above subject has been published as the title of “Gazette of India – Notification” in the official website of Dopt on 12th May, 2011.

Courtesy : http://cgstaffnews.com

Friday, November 04, 2011

Special Casual Leave for union activities – Various instructions/ Orders and clarifications.

1. Special casual leave upto a maximum of 20 days in a year can be granted for the following puposes.
(a) When the delegates to All India Conferences and members of the executive committees are required to attend such conferences and meetings.
(b) When members from outstation are required to attend periodical meetings with the Head of Circles.
(c) When members from outstation wait on deputation on the Minister/ MOS and Secretary (P).
2. Special Casual Leave may be allowed to members of service associations coming from outstations to attend their monthly meeting with Departmental Officers at divisional level on the following conditions: -
(a) Not more than two members are allowed this concession during year
(b) Special Casual Leave is allowed for a day/ days of the meeting and the actual time taken in the journey.
(c) Maximum limit of Special Casual Leave allowed does not exceed 12 days in a year.
(d) The concession under this item will not bring an additional benefit to the staff who under para 1 above are allowed extent of 20 days in a year. If any official is required to meet the divisional head, the Special Casual Leave granted to him for the purpose will be counted against those 20 days Special Casual Leave in a year.
(e) The local members may be given suitable offs for the duration of the meetings.

3. Public holidays and weekly offs to the extent admissible to the category of the officials to which the office bearer of the service association belong falling within the period of Special Casual Leave granted to them or immediately preceeding or following should not be counted as part of Special Casual Leave.
4. Special CL is not allowed to be combined with regular leave/ EL or half pay leave etc. An understanding reached in the Departmental Council of JCM stipulates that as far as possible the Divisional Executive committee meetings of the service associations will be held on holidays or outside office hours. As regard number of members attending the committee meetings the same will be in accordance with the constitution. Where there is no reason to believe that more members are are asking for special CL than justified, the constitution and the records of the service association may be checked up to find out whether facilities have been asked for more members than admissible under the rules.
(No. 54-19/ 59–SPB dated 31.08.1959; No. 54-13/ 71–SPB–II dated 13.01.1974)
5. The office bearers of the recognised service association may be granted special CL for attending trade union seminars subject to the condition that maximum limit of Special CL does not exceed 20 days in a year.
6. Notices issued by the General Secretaries of the Service Associations for All India Conferences/ working committees or executive committee meeting of the service association are not being circulated by the Department. Instead, the Circle Secretaries concerned should furnish an attestted copy of the notice to the Head of the Circles and other administrative offices requesting them to issue necessary instructions to the concerned authorities for granting special CL to the eligble officials, subject to the overall limits. The competent authority will then sanction special CL to the eligible officials provisionally on receipt of applications from them. On completion of the conferences/ meetings, the officials concerned will be required to produce a certificate from the General Secretary to the effect that they had actually attended the conference/ meeting for its full duration. Therafter special CL granted provisionally will be regularised.
7. The other facilities such as deputation of official observer to the conferences, permission to conduct conferences within the departmental premises outside working hours, grant of special CL to the delegates to the Circle Conferences, should continue to be extended at the time of elections of the service associations from which facilities had been withdrawn for not conducting the prescribed elections in time. These facilities would not however, be available to the office bearers of the concerned branch which failed to hold the elections in time.(No. 16-38/ 82 – SR (Pt.) dated 28.08.87)

Courtesy : http://fnpokerala.blogspot.com

Saturday, October 22, 2011

Grant of Child Care Leave to Civilian Female Industrial Employees of Defence Establishments

Departmental of Personnel and Training has issued today an important order to female employees of Defence establishments regarding the Child Care Leave. The long awaited order has been uploaded on its official website to grant of CCL to female industrial employees of Defence Establishments. We have reproduced the complete order and given below for your ready reference…
No.12012/2/2009-Estt.(L)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
*****
New Delhi, the 20th October, 2011.
OFFICE MEMORANDUM
Subject:- Grant of Child Care Leave to Civilian Female Industrial Employees of Defence Establishments

The undersigned is directed to state that the matter regarding extension of the benefit of Child Care Leave to civilian industrial employees working in Defence Establishments at par with the Non industrial Central Government employees covered by the CCS (Leave) Rules, 1972 has been under consideration of this Department.
It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the benefit of Child Care Leave to civilian female industrial employees working in Defence Establishments at par with the non industrial Central Government 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.
These orders shall take effect from the date of issue.
Hindi version will follow
sd/-
(Zoya C.B.)
Under Secretary to Government of India
Source: www.persmin.nic.in
Original Order

Dopt Orders : Clarification on Commuted Leave

No.13015/1/2011-Estt. ( Leave)
Government of India
Ministry of Personnel. P.O. and Pensions
(Department of Personnel & Training)

New Delhi. the 19th October, 2011

Office Memorandum

Sub: Commuted Leave to a Government Servant who has opted out of CGHS facilities and is availing the medical facility provided by the employer of his / her spouse - clarification.


This Department has been receiving references from various Ministries Departments seeking clarification regarding admissibility of Commuted Leave on the basis of medical certificates issued by Hospitals/Medical Practitioners 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. The matter has been considered in the light of clarification given by the Ministries of Health and Family Welfare.

It is clarified that 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.

Hindi version will follow.
sd/-
(Zoya C.B.)
Under Secretary to Government of India
Source: www.persmin.nic.in

Wednesday, October 05, 2011

Grant of Special Allowance for Child Care for Women with Disability-DOPT clarification

A Clarification issued by DOPT in respect of grant of Special Allowance for Child Care for Women with disability vide Memo No.12011/04/2008-Estt.(AL) dated 26/09/2011.



GRANT OF SPECIAL ALLOWANCE
FOR CHILD CARE FOR WOMEN WITH DISABILITY

No. 12011/04/2008-Estt.(AL)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)
New Delhi: Dated 26th September, 2011

OFFICE MEMORANDUM

Sub: Grant of Special Allowance for child care for women with disability.

The undersigned is directed to refer to this Department's O.M. No.12011/04/2008-Estt.(AL) dated 11th September, 2008 on the above subject and to state that this Department has been receiving references from various Departments seeking further clarifications. The doubts raised are clarified as under:

(i) Whether the women employees with disabilities shall be entitled for allowance at double the rates for multiple births at the time of first child birth?
No. In case of multiple births at the time of first child birth, the woman employee shall not be entitled to this allowance at double the rate for multiple births.
(ii) Whether the allowance would be admissible for the 3rdchild in case first two children i.e. if the first child (or for that matter the 2nd child) expires before the attaining the age of two years.
It is clarified that the grant of Special Allowance for child care for women with disabilities is admissible for two years from the birth of the child so long as the woman employee does not have more than two surviving children.

Hindi version will follow

Sd/-
(Vibha G. Mishra)
Director

Thursday, September 01, 2011

Sanction of Child Care Leave: Instructions regarding


Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-110010
No. AN/XIV/19404/Leave Matters/Vol. III
Dated 25- 8-2011
To
All PCsDA/CsDA
Sub: Sanction of Child Care Leave: Instructions regarding
Consequent upon the implementation of 6th CPC, Child Care Leave to Women Employees of the Central Govt. was introduced w.e.f. 1st September 2008 vide DoP&T OM No.13018/2/2008-Estt.(L) dated 18-11-2008.
2. DoP&T vide their OM No.13018/2/2008-Estt(L) dated 18-11-2008 have further clarified on the subject that Child Care Leave for women employees is meant to facilitate them in taking care of their children at the time of need. However, it should not disrupt the functioning of Central Govt. Offices. It was further clarified by DoP&T that CCL cannot be demanded as a matter of right and under no circumstances can any employee proceed on CCL without prior approval of leave by the leave sanctioning authority.

3. Instances have come to the notice of this HQrs office, where CCL has been used as a means to dodge unpalatable postings or to avoid functioning in a specific office/section and even to proceed abroad, rather than for the purpose for which CCL was introduced. This goes against the spirit of the Govt. orders on the subject. There have also been instances where even IDAS officers have left their offices ‘in anticipation" of sanction of the CCL.
4. In view of the above, it is requested to all PCsDA/CsDA that the cases of CCL granted to the employees under their jurisdiction may please be reviewed and ensured that the CCL has been genuinely granted for the purpose for which it is meant. It may also be impressed upon all concerned that proceeding on CCL without sanction constitutes misconduct and will invite disciplinary proceedings against the official concerned.
This issues with the approval of CGDA.
Please acknowledge receipt.

sd/-
(Rakesh Sehgal)
Jt.CGDA(AN)

Download OrderSource: www.cgda.nic.in

Thursday, August 25, 2011

Combination of holidays with leave - Holidays are prefixed to leave…

Combination of holidays with leave When the day, immediately preceding the day on which a Government servant’s leave (other than leave on medical certificate) begins or immediately following the day on which his leave expires, is a holiday or one of series of holidays, the Government servant shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave specifically withheld) to leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays, provided that–

(a) his transfer or assumption of charge does not involve the handling or taking over of securities or moneys other than a permanent advance;

(b) his early departure does not entail a correspondingly early transfer from another station of a Government servant to perform his duties; and

(d) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

(ii) In the case of leave on medical certificate-

(a) When a Government servant is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding the day he is so certified shall be treated as part of the leave.

(2) On condition that the departing Government servant remains responsible for the moneys in this charge, the Head of Department may, in any particular case, waive the application of Clause (a) of the proviso to sub-rule (1).

(3) Unless the authority competent to grant leave in any case otherwise directs -


(a) if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays; and
(b) if holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.

NOTE.- A compensatory leave granted in lieu of duty performed by a Government servant on Sunday or a holiday for a full day may be treated as a holiday for the above purpose.
Courtesy : http://nfpealuvadivision.blogspot.com

Monday, August 22, 2011

Types of Leave available to Central Govt Employees

A Central Government Employee has may kinds of leave and he has choice to avail any of them. The types of Leave and the eligibility conditions, restrictions etc. in respect of each kind of leave are given below for ready use :

Different Types of Leave available to central government employees :
1. Earned Leave
2. Half Pay Leave
3. Commuted Leave
4. Leave Not Due
5. Maternity Leave
6. Paternity Leave
7. Study Leave
8. Extra Ordinary Leave
9. Casual Leave
10.Child Care Leave
11.Hospital Leave
12.Vocational Department Staff Leave
13: Special Disability Leave
14. Child Adoption Leave
15. Leave to Probationers
16. Leave to Apprentices

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 CareLeave 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

Courtesy : http://www.gconnect.in/