DOPT ORDERS : Dopt issued
instructions on the timely payment of dues of encashment of leave to Central
Government servants retiring on attaining the age of superannuation - need to
obviate delays in payment of such dues.
No.
18019/6/2013-Estt(L)
Government
of India
Ministry
of Personnel, Public Grievances and Pensions
Department
of Personnel and Training
New Delhi, the 21 October,
2013
OFFICE
MEMORANDUM
Subject: Timely payment
of dues of encashment of leave to Government servants retiring on attaining the
age of superannuation — need to obviate delays in payment of such dues -
regarding.
The undersigned is directed
to state that in terms of the provisions of rule 39 of the CCS(Leave) Rules,
1972, the authority competent to grant leave is suo mote required to issue an
order granting cash equivalent of leave salary for both earned leave and half
pay leave, if any, at the credit of the Government servant on the date of his
retirement, subject to the prescribed limits.
2. It has since been
brought to the notice of this Department that the concerned administrative
authorities as indicated in First Schedule to the said rules including
authorities subordinate to the leave sanctioning authorities to whom such
powers have been delegated, are not ensuring that the dues, as admissible to a
Government servant retiring on attaining the age of superannuation, are
promptly paid. This has led to avoidable litigation where courts have been
directing payment of interest on such delayed payments. It has been observed
from the references received in this Department that the delays in such
payments are predominantly due to avoidable administrative reasons relating to
processing of such cases.
3. It is further stated
that the Leave Account of a Government servant is a dynamic document which is
required to be revisited periodically to record credits of Earned Leave and
Half Pay Leave in terms of provisions of rules 26 and 29 of the CCS(Leave)
Rules, 1972 with entries made on each occasion the Government servant avails
the leave of the kind due and admissible to him Further, the said rules
envisage that advance credits be made in the leave account of the Government
servant and a constant check maintained to ensure that the total accumulations
at any given time do not exceed 300+15 days.
4. Delays in reckoning the
leave accumulations at the credit of Government servant at any stage,
particularly at the time of his retirement on superannuation, cannot be
acceptable and can be construed as administrative lapse, liable to attract
provisions of the CCS(Conduct) Rules, 1964 and CCS(CCA) Rules, 1965. All
cases
of delay may be looked into
and delays in disbursement of dues to Government servants retiring on attaining
the age of superannuation be avoided.
5. The administrative
authorities may consider putting in place a mechanism to check such delays and
define various processing parameters and time lines viz. issuance of orders in
respect of such retiring Government servants who have 300+15 days earned leave
at their credit on the 20th of the month in which they are retiring as any
leave availed by such Government servants shall not impact the maximum ceiling
of encashment of such leave even if any request is made for grant of earned
leave during the said period. The possibility of e-transfer of dues can also be
worked out in consultation with respective P&AOs.
6. All
Ministries/Departments are accordingly advised to bring the position referred
to in this OM to the notice of all concerned from the perspective of ensuring
that the dues of leave encashment in respect of Government servants retiring on
attaining the age of superannuation are discharged with due promptness. It may
be ensured that sanction orders, in this regard are issued timely, so that dues
admissible to the Government servants on attaining the age of superannuation,
on account of encashment of leave, are discharged as soon as possible,
preferably on the next working day following the date of their retirement on
superannuation.
sd/-
(Mukul Ratra)
Director
