LEAVE RULES
Content
1. Revised Leave Rule for Government Servant
2. Leave Entitlement for Staff Working in Vacation Department
3. Joining Time (Chapter XI)
4. Foreign Service (Chapter XII)
Leave Rule
FR 58 provides that the Leave Rules 1934 are applicable to the classes of
persons specified therein (Appendix 11 of Fundamental Rules and Subsidiary
Rules). Leave includes earned leave, half pay leave on private affairs and
medical certificates, commuted leave, leave not due and extra-ordinary leave.
Rule 4 of the Leave Rules, 1934 states that “Leave can not be claimed as of right.
Discretion is reserved to the authority empowered to grant leave or to refuse
or revoke leave at any time according to the exigencies of the public service.”
Rule 6 provides that any kind of leave may be granted in combination with or
in continuation of any other kind of leave.
Entry in service book: All kinds of leave taken should be recorded in the
service book and attested by the Head of Office.
A) Revised Leave Rule for Government Servant
1. Earned Leave (EL): A Government servant is entitled to earned leave
for 30 days in a calendar year. Leave is credited in advance in two
instalments of 15 days each on the 1st of January and July every year.
Leave at credit is carried forward in the first half year subject to a
maximum limit of 300 days. EL is calculated at the rate of 2-1/2 days for
each completed calendar month of service. For example from January
to June, EL will be calculated- 6 months X 2-1/2 = 15 days. The order
sanctioning earned leave or half pay leave will indicate the balance at
his credit.
2. Half Pay Leave (HPL): Entitlement- Half pay leave is allowed for 20
days in a year and credited in advance half yearly @ 10 days on 1st
January and 10 days on 1st July. Periods of EOL avail will not affect the
credit of HPL. There is no maximum limit for availing HPL. However,
it is subject to the limit of total periods of all kinds of leave up to 5 years.
For the period of HPL, leave salary will be 50% of the pay last drawn
before leave.
3. Commuted Leave (CL): Commuted leave is granted in lieu of HPL.
Twice the amount of commuted leave availed is debited to HPL
account. It is granted either on medical certificate or for an approved
course of study certified to be in the public interest. It can be availed
even when EL is at credit. It is granted only if the employee is likely to
return to duty after leave. There is no maximum limit for commuted
leave on medical certificate. However for studies, maximum limit is 90
days during the entire service. Commuted leave not exceeding 60 days
may be granted to female employees without medical certificate (i) in
continuation of maternity leave and (i) on adoption of a child under
certain conditions and limits. During commuted leave, leave salary is
admissible as in the case of EL.
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4. Leave Not Due: Leave not due is not earned separately and hence not
accounted for separately. When HPL is not at credit leave not due is
allowed and debited to HPL account for adjustment against future
earnings of HPL. It is granted only on medical certificate. However, for
female employees, it is allowed without medical certificate as stated
above. Maximum limit is 360 days during the entire service. Leave
salary is paid as in the case of HPL. It is also granted to permanent
employees subject to the condition that the employee is likely to return
to duty and up to the limit of HPL is likely to earn thereafter. For
temporary employees, it is allowed in cases of chronic diseases like TB,
leprosy, cancer or mental illness subject to the condition that at least
one year’s service has been put in and post is likely to continue until his
return to duty.
5. Extra-ordinary Leave (EOL): EOL is neither earned nor accounted for
separately. It is granted when no other leave is admissible or when the
employee asks for it. Periods of absence can be regularized by grant of
EOL. EOL can be availed either on medical certificate or without medical
certificate. There is no maximum limit for permanent employees except
the overall limit of 5 years for all kinds of leave together. EOL up to three
months only is allowed at a time with or without medical certificate.
For temporary employee with minimum of one year’s service, EOL up
to 6 months may be granted on medical certificate and up to 18 months
for treatment of chronic diseases. EOL up to 24 months for prosecuting
studies certified in the public interest is granted in the case of employee
with three years service subject to production of a bond etc. During
EOL no leave salary is payable. However CCA/HRA are admissible for
the first 180 days subject to production of prescribed certificates. EOL
without medical certificate will not count for increment and pension
but it will not entail break in service.
Grant of Casual Leave
The following grounds are considered while granting casual leave to a
Government servant:
I. If any Government servant avails himself of casual leave when it is not
admissible, he will do so at his own risk and ordinarily will be treated
as absent on leave without pay.
II. Prior permission for casual leave on account of anticipated causes will
be taken. Absence in anticipation of sanction will be condoned only if
the necessity for the leave could not have been foreseen. In such cases,
the nature of sudden emergency should be stated in the application.
III. A member of the establishment applying for casual leave on account
of temporary indisposition may, if considered necessary, by the leave
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sanctioning authority, be required to produce medical certificate or
hospital ticket.
IV. An application for casual leave submitted from the residence of an
applicant should contain his residential address. If he proposes to leave
the headquarters during the leave period, the permission to leave the
headquarters should be taken and the leave address should also be
given.
V. An abstract statement showing casual leave taken and late attendance
will be exhibited in the last column of the Attendance Register and
consolidated by the Superintendent immediately after the month is
over.
B. Leave Entitlement for Staff Working in Vacation Department
A Government serving in a vacation department is entitled to earned leave
if he does not avail himself of any vacation. He is entitled to earn 10 days
earned leave in lieu of 20 days of half pay leave.
Other Leave under Government OM in addition to Five Normal Leave
I. Maternity Leave: A female employee with less than two living children
may be granted maternity leave up to 135 days. Leave salary during
maternity leave will be as in the case of earned leave. No separate
account is maintained and only a note is made in the Remarks column
of the leave account. It can be combined with other leave.
II. Special Disability Leave: This leave is granted to an official disabled
by injury, accidental injury or illness incurred in the performance of
duty. The period of leave to be granted is to be certified by a medical
board and shall not exceed 24 months in respect of one disability. This
leave may be combined with leave of any other kind. This leave shall
be counted as duty in calculating service for pension and is not debited
to leave account. Leave salary is admissible as in the case of EL for the
first 120 days. For the remaining period, leave salary will be 50% of pay
as in the case of HPL. FR 83, 83-A and 83-B.
III. Study Leave: This may be granted on such terms as the State
Government may prescribe, to study scientific, technical, or similar
problems or to undergo special courses of instruction. Such leave is not
debited against the leave account.
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Joining Time (Chapter XI)
Joining Time shall be granted as under:
Joining Time (JT) shall be granted to a Government servant on transfer in
public interest to enable him to join the new post either at the same or a new
station. No Joining Time is admissible in cases of temporary transfer for a
period not exceeding 180 days. Only the actual transit time, as admissible in
case of journeys on tour may be allowed. Joining Time shall commence from
the date of relinquishment of charge of the old post if charge is made over in
the forenoon or the following date if the charge is made over in the afternoon.
No more than one day shall be allowed to a Government servant to join a new
post within the same station or which does not involve a change of residence
from one station to another.
In cases involving change of residence, the Government servant shall be
allowed Joining Time with reference to the distance between the old station
and the new station by direct route and ordinary mode of travel as follows
and actual transit time required.
Normal JT is as follows: for preparation six days plus Journey Day(s) plus
Sunday and Holiday(s) follows the JT. When holiday follows Joining Time,
the normal Joining Time may be deemed to have been extended to cover such
holidays. Extension of Joining Time beyond the limit indicated above shall be
granted up to maximum limit of 30 days.
Total Joining Time should be - six days for preparation plus actual transit
time plus suffixing holidays and Sunday falls during JT.
Joining Time pay will be the pay which was drawn before relinquishing the
charge in the old station or pay on taking over charge of new station whichever
is less. No Conveyance Allowance and Permanent Travelling Allowance are
allowed. No Joining Time is admissible in case of transfer on own request.
Leave may be granted in continuance of JT before or after.
Foreign Service (Chapter XII)
Conditions for Transfer to Foreign Service
The Government servant should be willing except it to a body incorporated
or not, which is wholly owned or controlled by the Government and an
Autonomous Council.
It should be sanctioned by the competent authority on accepted terms and
conditions in respect of pay and allowances and other admissibility.
Duties in Foreign Service should be such as are required to be performed
by the Government servant.
Terms should not be so excessive as to make foreign service more attractive.
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About the Author
Shri Narendra Nath Bora, BSc (AFS, Rtd) joined Assam Financial Services
in 1982 as a Treasury Officer. He also served as Senior Finance and Accounts
Officer (FAO) in Forest, PN&RD, Agriculture Deptt. ,Chief Accounts Officer
Guwahati Municipal Corporation, Senior Financial Adviser in Personal, Chief
Minister, Home Deptt. Assam Secratariat, Financial Adviser in the Governor’s
Secretariat, Comptroller of Accounts, Assam Agriculture University, Jorhat.
As Director of Audit (LF), he rationalized the Audit Department and
introduced Online Audit System. During his tenure as Director of Accounts
&Treasury , he implemented NPS in Assam. He was re-Employed as Director
e-Governance, Finance, and implemented& Rolled out PFMS in GoA. He
also worked as Domain Expert (Treasury Operation) in World Bank aided
ASPIRe FMIS project up to 2017 and now working as Faculty, AASC, Assam
Judicial Academy, CTI, DoAT
He has also trained in International Monetary Fund Training in NIBM Pune,
Public Finance in Administrative Staff College of India, Pune
Special activities :i) Enquired Dima Hasaw Scam as Secretary, High Level
Expert Committee formed under by Guwahati High Court ii) Enquiry Officer
of Ghoast Employee Case in Police Battalion. Iii) LOC Scam of Vety. Deptt.
