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/

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]

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/

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/

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]

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.

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.

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/

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

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 2¹⁄₂ 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 2¹⁄₂ 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

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

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