- Dopt Clarification Orders on Joining Time Rules
- Dopt clarification orders on Honorarium
- Encashment of Earned Leave on joining Central Government from PSUs - Dopt orders
- Dopt issued orders regarding the Leave Encashment alognwith LTC
- FAQ on General entitlement of leave - Dopt
- FAQ on Special Allowance for child care for women with disability
- Child Care Leave to women employees of Public Sector undertakings - Dopt
- Paternity Leave for Child Adoption/Child Adoption Leave
- FAQ on Study Leave - Dopt Orders
- Dopt clarification on Commuted Leave
- Whether interest is payable on delayed payment of leave encashment dues?
- Leave Encashment on Suspension/Dismissal/Removal - Dopt Clarification Orders
- Recommendation of Department Relates Parliamentary Standing Committee on Compassionate Appointment
- Consolidated instructions relating to action warranted against Government servants remaining away from duty without authorisation / grant of leave — Rule position
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Dopt Clarification Orders
on Joining Time Rules : Dopt has issued some clarifications as in the type of
Questions and Answers.
Joining Time Rules
SI. No. / Frequently
asked Questions / Answer
1. Whether Joining time /
Joining Time pay is admissible in case of technical resignation of a
Government servant to join another Government organization?
For appointment to posts
under the Central Government on the results of a competitive examination and
or interview open to Government servants and others, Central Government
employees and permanent/provisionally permanent State Government employees
will be entitled to joining time.
A Government servant
shall be treated on duty during the period of joining time and shall be
entitled to joining time pay equal to the pay and allowances like DA, HRA,
CCA, drawn before relinquishment of charge at the old post. But temporary
Central Government employees with less than 3 years of regular continuous
service, though entitled to joining time would not be entitled to joining
time pay. {Rule 4 (4) of CCS(JT) Rules}
2. When can the
unutilized joining time be credited as Earned Leave?
Rule 6 (1) of the CCS
(Joining Time) Rules provides that when a Government servant joins a new post
without availing full joining time by reasons that—
(a) he is ordered to join
the new post at a new place of posting without availing of full joining time
to which he is entitled; or
(b) he proceeds alone to
the new place of posting and joins the post without availing full joining
time and takes his family later within the permissible period of time for
claiming Travelling Allowance for the family, then the number of days of
joining time admissible under sub-rule (4) of Rule 5 of the Central Civil
Services (JT) Rules, 1979, subject to a maximum of 15 days reduced by the
number of days of joining time actually availed of shall be credited to his
leave account as earned leave.
3. Whether joining time
can be combined with leave?
Rule 6(2) of the CCS
(Joining Time) Rules provides that Joining time may be combined with vacation
and/or regular leave of any kind or duration except casual leave.
Source :
www.persmin.nic.in
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Dopt clarification orders on Honorarium... Honorarium Sl. No. / Frequently asked Questions / Answer I. Upto what amount the Head of Department can grant honorarium? The Ministries/Departments can grant honorarium upto Rs.5000/- per annum per employee and the Head of Department can grant honorarium upto Rs.2500/- per annum per employee. O.M. No.1711/9/85-Estt (Allowance) dated 23.12.1985 refers. 2. What are the rates of honorarium for translation work from regional language to English/Hindi and vice versa? The rates for translation from regional languages to English/Hindi and vice-versa is Rs.120/- per thousand words of Ordinary Material and Rs.130/- per thousand words of Technical Material (including Codes / Manuals, etc.). This is subject to a maximum of Rs.5000/- per annum in each case, whether recurring or non-recurring. O.M. No.17011/04/2011-Estt.(AL) dated 1.4.2011 refers. Source : www.persmin.nic.in |
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Encashment of Earned
Leave on joining Central Government from PSUs & vice versa
Sl. No. / Frequently
asked Questions / Answer
1. Whether earned leave
encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt.
servant prior to his joining the Central Govt. is to be taken into account
while calculating ceiling of leave encashment on his superannuation and
retirement from Central Govt.?
Encashment of EL allowed
by the State Governments, Public Sector Undertakings/Autonomous Bodies for
services rendered therein need not be taken into account for calculating the
ceiling of 300 days of Earned leave to be encashed as per CCS (Leave)
Rules.
2. Whether Leave
encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a
Central autonomous body/PSU is to be taken into account?
Encashment of EL allowed
by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the
Central Govt. prior to absorption in Central autonomous body shall not be
taken into account while calculating the number of days of E.L. encashable in
an autonomous body/PSU for the post absorption period.
3. Whether cash
equivalent of leave salary in case of permanent absorption in PSU/Autonomous
Body is permissible?
A Government servant who
has been permitted to be absorbed in a Corporation/Company wholly or
substantially owned or controlled by Central/State Government shall be suo
motu granted cash equivalent of leave salary of earned leave at his credit on
the date of absorption subject to a maximum of 300 days (being calculated as
per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule
shall mean such appointment for which the Government servant applied through
proper channel and resigned from Government service for taking up of such
appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L)
dated 28-03-2012}
Source:
www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]
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Dopt issued
orders as FAQ regarding the Leave Encashment alognwith LTC.
The main questions are clarified...
Whether encashment of
leave is allowed after LTC is availed?
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?
Whether leave encashment
should be revised on retrospective revision of pay/D.A?
Whether encashment of
Earned Leave and Half Pay Leave is admissible to industrial employees?
Leave Encashment with LTC
SI. No. / Frequently
asked Questions /Answer
1. Whether encashment of
leave is allowed after LTC is availed?
Sanction of leave
encashment should, as a practice, be done in advance, at the time of
sanctioning the LTC. However, ex-postfacto 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 by 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 when his family avails it provided other
conditions are satisfied.
3. 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 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 Pay Leave 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. {OM No. 12012/3/2009-
Estt.(L) dated 28-12-2012}.
Source:
www.persmin.nic.in
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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?
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 Department?
The rule 28 of the CCS
(Leave) Rules, 1972 which came into effect from 1.9.2008 regulates 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 `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 instalments
of ten days each on the first day of January and July of every calendar year.
This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated
11-11-2008.
Source:
www.persmin.nic.in
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Department of Personnel and Training issued clarification orders on special allowance for child care for women with disability as Frequently Asked Questions... Special Allowance for child care for women with disability Sl. No. / Frequently asked Questions / Answer 1. Whether the women employees with disabilities are entitled for special allowance for child care 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 rates for multiple births. 2. Whether the allowance would be admissible for the 3rd child in case either of the first two children i.e. first child or the 2nd child expires before the attaining the age of two years? It is clarified that the grant of Special Allowance for the 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. Source : www.persmin.nic.in Related orders... |
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Department of Personnel
and Training has issued clarification order from time to time pertaining to
all subjects for Central Government employees, the recent
order clarified in the respect of Child Care Leave to women employees of
Public Sector Undertakings...
Child Care Leave
Sl. No. / Frequently
asked Questions / Answer
1. 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, 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.
12012/2/2009-Estt.(L) dated 01-08-2012 }
Source:
www.persmin.nic.in
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How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave - Dopt clarified for this question in recent orders... Paternity Leave for Child Adoption/Child Adoption Leave Sl. No. / Frequently asked Questions / Answer 1. How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave?
As per notes below rules
43AA and 43B "Child" for the purpose 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'.
Source: www.persmin.nic.in |
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Dopt has issued orders as
FAQ regarding the subject of Study Leave...
Study Leave
SI. No. / Frequently
asked Questions / Answer
1. What is the maximum
amount of study leave which can be availed?
The maximum amount of
study leave for other 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.
Source:
www.persmin.nic.in
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Dopt clarification on Commuted Leave SI.No. / Frequently asked Questions / Answer 1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by 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 cases. Source: www.persmin.nic.in |
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Interest on Leave Encashment SI. No. / Frequently asked Questions / Answer 1. Whether interest is payable on delayed payment of leave encashment dues? No. There is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment. Source: www.persmin.nic.in |
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Leave Encashment on
Suspension/Dismissal/Removal
Sl.No. / Frequently
asked Questions / Answer
1. Whether leave
encashment can be sanctioned to a Govt. servant on his superannuation while
under suspension?
Leave encashment may be
allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows
withholding 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.
2. Whether leave
encashment can be sanctioned to a Govt. servant on his dismissal/removal,
from service?
A government servant, who
is dismissed/removed from service, 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.
Source:
www.persmin.nic.in
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Parliament Committee
Matter
Immediate
No.41013/1/2013-Estt. (D)
Government of India
Ministry of Personnel,
Public Grievances and Pensions
(Department of Personnel
& Training)
North Block,
New Delhi
Dated: the 25th March,
2013
OFFICE MEMORANDUM
Subject:-
Recommendation of Department Relates Parliamentary Standing Committee on
Compassionate Appointment - reg.
The undersigned is
directed to refer to para 9.3 of the 23rd Report on Government Policy on
Compassionate Ground given by Department Related Parliamentary Standing
Committee on Personnel, Public Grievances, Law and Justice, Rajya Sabha. The
Committee inter-alia recommended as under:
i. The guidelines/circulars issued by the Government must be
complied with and a feedback must be obtained from each of the administrative
Ministries so that a cross check can be in place to see that the instructions
issued are followed properly.
ii. The role of the administrative Ministries under which the
particular PSU comes become all the more important and it should pass on each
and every instruction issued by the Government of India to the PSUs and
receive the confirmation from them and send the feedback to the Government of
India.
iii. A yearly report must be sent to the Ministry of Personnel,
Public Grievances and Pensions (Department of Personnel and Training) by the
administrative Ministries to ensure whether the instructions issued by the
Government are complied with and the Ministry of Personnel must also call for
a report on the issue per annum.
2. The Department of
Public Enterprises vide their letter no.2(63)07-DPE(GM) dated 11th March 2008
informed the Committee that Vittal Committee has reviewed the guidelines
issued by them in the matter of compassionate appointment. CPSEs were given
autonomy to frame their own guideline on compassionate
appointment keeping in
view their operational / business requirements. The Department of Financial
Services informed that the scheme formulated and circulated by the Indian
Banks’ Association to all the public sector banks, ensures the uniform
application of the appointment on compassionate grounds or ex-gratia in lieu
thereof.
3. All the administrative
Ministries/Department are requested to furnish an annual report in the
enclosed proforma latest by 30th April of every year, indicating the status
of implementation of government instructions on compassionate appointment as
on 31st March of that year. Initially separate reports for three years
covering the period from 01.04.2010 to 31.03.2011, 01.04.2011 to 31.03.2012
and 01.04.2012 to 31.03.2013 should be sent. Thereafter, an annual report
covering the period from 1st April of the preceding year to 31 March of the
current years be sent. While forwarding the report, the status of
compassionate appointment in public sector units/banks/Insurance companies,
autonomous bodies etc. may be indicated.
sd/-
(Virender Singh)
Under Secretary to the
Government of India
Source :
www.persmin.nic.in
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Consolidated instructions relating to action warranted against
Government servants remaining away from duty without authorisation / grant of
leave — Rule position
No. 13026/3/2012-Estt
(Leave)
Government of India
Ministry of Personnel,
P.G. & Pensions
(Department of Personnel
& Training)
New Delhi, the 28th
March, 2013.
OFFICE MEMORANDUM
Subject:- Consolidated
instructions relating to action warranted against Government servants
remaining away from duty without authorisation / grant of
leave — Rule position.
The undersigned is
directed to say that various references are being received from
Ministries/Departments seeking advice/post facto regularisation of
unauthorised absence. It has been observed that due seriousness is not being
accorded by the administrative authorities to the various rule provisions
inter alia under the CCS(Leave) Rules, 1972, for taking immediate and
appropriate action against Government servants staying away from duty without
prior sanction of leave or overstaying the periods of sanctioned leave. It is
reiterated
that such absence is
unauthorised and warrants prompt and stringent action as per rules. It has
been observed that concerned administrative authorities do not follow the
prescribed procedure for dealing with such unauthorised absence.
2. In view of this,
attention of all Ministries/Departments is invited to the various provisions
of the relevant rules, as indicated in the following paragraphs for strict
adherence in situations of unauthorised absence of Government servants. It is
also suggested that these provisions may be brought to the notice of all the
employees so as to highlight the consequences which may visit if a Government
servant is on unauthorised absence. The present OM intends to provide ready
reference points in respect of the relevant provisions, hence it is advised
that the relevant rules, as are being cited below, are referred to by the
competent authorities for appropriate and judicious application. The relevant
provisions which may be kept in mind while considering such cases are
indicated as follows:
(a) Proviso to FR
17(1)
The said provision
stipulates that an officer who is absent from duty without any authority
shall not be entitled to any pay and allowances during the period of such
absence.
(b) FR 17-A
The said provision inter
alla provides that where an individual employee remains absent unauthorisedly
or deserts the post, the period of such absence shall be deemed to cause an
interruption or break in service of the employee, unless otherwise decided by
thecompetent authority for the purpose of leave travel concession and
eligibility for appearing in departmental examinations, for which a minimum
period of service is required.
(c) Rule 25 of the CCS
(Leave) Rules, 1972
The said provision
addresses the situation where an employee overstays beyond the sanctioned
leave of the kind due and admissible and the competent authority has not
approved such extension. The consequences that flow from such refusal of
extension of leave include that:
i. the Government servant
shall not be entitled to any leave salary for such absence
ii the period shall be
debited against his leave account as though it were half pay leave to the
extent such leave is due, the period in excess of such leave is due being
treated as extraordinary leave
iii wilful absence from
duty after the expiry of leave renders a Government servant liableto
disciplinary action.
With respect to (iii)
above, it may be stated that all Ministries/ Departments are requested to
ensure that in all cases of unauthorised absence by a Government servant, he
should be informed of the consequences of such absence and be directed to
rejoin duty immediately/within a specified period, say within three days,
failing which he would be liable for disciplinary action under CCS (CCA)
Rules, 1965. It may be stressed that a Government servant who remains absent
without any authority should be proceeded against immediately and this should
not be put off till the absence exceeds the limit prescribe under the various
provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be
conducted and concluded as quickly as possible.
(d) Rule 32(6) of the
CCS (Leave) RuIe, 1972
This provision allows the
authority competent to grant leave, to commute retrospectively periods of
absence without leave into extraordinary leave under Rule 32(6) of CCS
(Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the
CCS(Pension) Rules, 1972. It may please be ensured that discretion allowed
under these provisions is exercised judiciously, keeping in view the
circumstances and merits of each individual case. The period of absence so
regularised by grant of extra ordinary leave shall normally not count for the
purpose of increments and for the said purpose it shall be regulated by
provisions of FR 26(b) (ii).
3. All Ministries/
Departments should initiate appropriate action against delinquent Government
servants as per rules.
4. Hindi version will
follow.
sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the
Govt. of India
Source :
www.persmin.nic.in
Related orders...
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