Saturday, March 28, 2009

I-VIII

Different kinds of leave, their extent and leave salary are tabulated below:
1) Earned leave 8.116 & 8.133 Equal to full pay Upto 120 days in India & 240 days out of India.

2) Half pay leave 8.119 Equal to half pay Upto any extent it is due







3) Coimmuted leave 8.119(c) Equal to full pay Upto 50% of half pay leave due on medical grounds & H.P.L
upto a maximum of 180 days can be commuted if it is utilised for
approved course of study

4) Leave not due 8.119 (d) Equal to half pay , Upto 90 days


5) Extra Ordinary Leave 8.121 & 137 No leave salary Upto 6 month to 2 year to temporary employees and 5 years I
ncluding other leave to permanent Govt. employees.


6) Special Dis- 8.124 & Equal to full Upto 730 days.
ability leave 8.125 half pay.

7) Study leave 8.126 Equal to half pay Upto 12 months

8) Maternity leave 8.127 Equal tofull pay Upto 6 months

9) Hospital leave 8.128 Equal tohalf pay/ Upto 120 days
full pay.

(10) Terminal leave 8.138A Equal tofull pay Upto 120 days.

The following are the general principles for grant of leave.
1) Leave is earned by duty only. (Rule 8.1)
2) Leave cannot be claimed as a matter of right (Rule 8.15)
3) The nature of leave due and applied for by a Govt. employee cannot be altered at the option of sanctioning authority. (Rule 8.15)
4) Leave shall not be granted to * Govt. employee when a competent authority has decided to dismiss, remo^ e or compulsory (premature) retire from Govt. service (Rule 8.19)
5) Every application for leave on medical certificate made by a non-gazetted Govt. employee shall be accompai ted by a medical certificate given by RMP or a Regd. Vaid or Hakim. (Rule 8.13)
6) Leave on medical certificate Df a Gazetted Govt employee should normally be recommended by Medical B< ard/Committee. However leave upto 2 month may be recommended by Author sed medical Attendent & leave of indoor patient
(Gazetted Officer) may be rec ;>mmended by CMO/Dy. CMO. (Rule 8.9 to 8.12)
7) The grant of Medical Certil cate does not confer upon the Govt. employee any right to leave. (Rule 8.16)
.8) Leave begins on the day on tyhich transfer of charge is effected and ends on the day previous to preceeding that on which charge is resumed. (Rule 8.25)
9) Leave cannot be granted to ,a Govt. employee during suspension. (Rule 7.4)
10) Sundays and other holidlys can be prefixed or suffixed to leave by the competent authority. (Rule 8.26)
11) Two Govt. employee cannot be on duty on the same post. (Note 2 below Rule 8.28)
12) A Govt. employee who has taken leave on medical certificate cannot return to duty until he has produced a medical certificate of fitness from the prescribed medical authority. (Rule 8.44)
13) A Govt. employee on leave may not return to duty before the expiry of leave granted to him without the permission of leave sanctioning authority. (Rule 8.43)
14) A Govt employee on L R cannot return to duty without the consent of appointing authority.(Rule 8.43)
15) A Govt. employee who remains absent after the end of his leave is entitled to no leave salary for the period of such absence and that period will be debited against his half pay le. we accoimt unless his leave is extended by the competent authority.
16) Any kind of leave may be granted in combination with any other kind of leave (Except casual leave). (Rule 8.114) 17) Maternity leave is a so admissible on adopting of a child to female Govt. employee under certain conditions for a period of six month vide F.D.Hr. No.l 1/68/06-IFR dated ! 8-4-2007.

The following kinds of leave are not earned by duty :
1) Extra ordinary leave Rule 8.121
2) Special Disability leave Rule 8.124 & 8.125
3) Study leave Rule 8.126
4) Maternity leave Rule 8.127
5) Hospital leave Rule 8.128

The following kinds of leave are not debited to leave account.
1) Extra ordinary leave Rule 8.121
2) Study leave Rule 8.126
3) Maternity leave Rule 8.127
4) Hospital leave Rule 8.128
5) Special disability leave upto
first 120 days. Rule 8.124
A competent authority can dispense with the medical certificate of medical board under the following conditions :
1) If the state of the applicant's health is certified by a medical officer to be such as to make it inconvenient for him to present before the medical board, a certificate signed by two medical officers may be accepted.
2) When leave recommended by the authorised Medical Attendant is upto 2 months and he certifies that in his opinion it is unnecessary for the applicant to appear before a medical committee.
3) When the applicant is undergoing treatment in a hospital as an indoor patient and leave is recommended by CMO or by Dy. CMO for the period of hospitalisation or convalescence. Vide Rule 8.12 of Pb. CSR Vol.1 Part-I


Leave may not be granted to a Govt. employee after compulsory retirement as the leave at the credit of a Govt. employee lapses on the date of compulsory retirement vide Rule 8.21 of Pb. CSR Vol.1 Part-I. If, however, in sufficient time before the date of compulsory retirement he formally applied for LPR and had been refused or ascertained in writing from the leave sanctioning authority that leave, if applied for would not be granted. Then he might be granted leave so refused after the date of compulsory retirement subject to a maximum of 120 days.

This rule is no longer in use on the introduction of scheme for payment of cash equivalent of leave salary in respect of unutilised earned leave at the credit of Govt. employee on the date of retirement subject to the following conditions:
(a) The payment of cash equivalent of leave salary shall be limited to a
maximum of 300 days earned leave from 1.7.97.
(b) The cash equivalent of leave salary is payable to the following categories:-
(i) Retirement on attaining the age of superannuation.
(ii) Extension of service beyond the date of superannuation.
(iii) Voluntary/Premature retirement.
(iv) In case of death while in service
(v) In case of leave preparatory to retirement.
(vi) Half of earned leave subject to a maximum of 150 days in case of resignation.
(vii) Where services are terminated by notice or by payment of pay and allowances in lieu of notice.
(viii) On absorption in public sector undertaking/autonomous body controlled by Govt.
(c) Cash payment be equal to leave salary and dearness allowance admissible
on that leave salary at the rates on the date of retirement. Vide Rule 8.21 of Pb. CSR Vol.1 Part-I and FD letter No.l 1/5/78-FR-II dated 13.2.78 as amended from time to time.

Regulation of leave in case of dismissed or discharged employee from service reinstated on appeal or revision ?
(i) Ordinarily, the claim to leave at the credit of a Govt. employee who is dismissed or removed or who resigns from Govt. service, ceases from the date of such dismissal or removal or resignation.
Based on Rule 8.19 and note below Rule 8.2 of Pb. CSR Vol.1 Part-I
(ii) A Govt. employee who is removed or dismissed from service & is reinstated on appeal or revision will be entitled to count for leave his service prior to dismissal or removal. Where there is no reinstatement, the leave at his credit will lapse.
(iii) Where a Govt. employee applies for another post under Govt. outside his
parent office/department through proper channel and he is asked to resign his post before taking up new appointment, the resignation is a mere technical formality and will not result in lapse of leave at his crdit. The leave at his credit will be carried forward.
Based on FD letter No. 8455-2FR-71/202 dated 10.1.7

Rules for acceptance of employment during leave
What leave salary to Govt. employee is admissible during such leave.
A. A Govt. employee may not take up any other employment during leave. However, the previous sanction of competent authority is required if the proposed service lies out of India and in case service lies in India sanction of Govt. or appointing authority is required to be obtained .Vide Rule 8.41 of Pb. CSR Vol.1 Part-I
Leave salary of a Govt. employee who has been permitted to take up employment during LPR and terminal leave etc. should be restricted to the amount of leave salary admissible in respect of half pay leave. Vide Note 2 below Rule 8.41 of Pb. CSR Vol.1 Part-I

Provisions relating to recall of a Govt. employee before the expiry of leave and concession he is entitled
A. All orders recalling a Govt. employee to duty before the expiry of leave should state whether return to duty is optional or compulsory. If the return is optional, the Govt. employee is entitled to no concession, if it is compulsory, he is entitled to the following concessions:
Leave taken out of India.
(1) Free passage to India.
(2) Refund of the cost of his passage from India if the leave enjoyed by him upto the date of his leaving for India is less than half of the period of his original leave or 3 months whichever is shorter.
(3) Time spent on voyage to India will be counted as duty.
(4) From the date of landing in India to the date of joining his post, he will be paid leave salary at the same rate at which he would have drawn if he had returned in the ordinary course on the termination of his leave.
(5) He will draw TA at the usual rates for the journey from the port of landing.
Leave taken in India.
(1) He will be treated as on duty from the date on which he starts for the station to which he is ordered and will be paid leave salary during this period until he joins his post at the same rate at which he would have drawn it but for recall to duty.
(2) He will be paid TA for the journey under the TA Rules.
Vide Rule 8.42 of Pb. CSR Vol.1 Part-I

A Govt. employee who has taken leave on medical certificate while returning on duty will be asked to produce medical fitness certificate. The Govt. employee will be allowed to join duty only on receipt of medical fitness certificate of the competent medical authority. Vide Rule 8.44 of Pb. CSR Vol.1 Part-I

Earned leave means leave earned in respect of periods spent on duty.
Vide Rule 8.113 (ii) It is earned @ 1 /24th of the period spent on duty during the 1st 10 years of his service.
(b)1/18th of the period spent on duty during the next 10 years of his service and
(c)The Earned leave is calculated as under 1/12th of the period spent on duty thereafter. It may be accumulated upto any extent.
Vide Rule 8.116 (i) and (ii) of Pb. CSR Vol.1 Part-I
It may be granted at a time to a Govt. employee upto 120 days if spent in India and 240 days if the entire leave so granted or any portion thereof is spent out of India provided that the period of such leave spent in India shall not exceed 120 days. Vide Rule 8.116(ii) of Pb. CSR Vol.1 Part-I



Half pay leave upto a maximum of 180 days can be commuted during the en service for prosecuting an approved course of study. However, commuted ta may be granted upto any extent at a time to a Govt. employee on medici certificate if the same is due to him.
Vide Rule 8.119(c) of Pb. CSR Vol.1 Par-:

The periods of overstayal of leave may be counted towards increment if converted into EOL vide Rule 8.121 (a) of Pb. CSR Vol.1 Part-I and EOL B specially allowed to count for increment.
Vide Note 3 below Rule 4.9 (a) of Pb. CSR Vol.1 Part-I

Extraordinary leave may be granted to any Govt. employee in special circumstances :
(a) when no other leave is by rule admissible or
(b) when other leave is admissible but the Govt. employee concerned apples it in writing for the grant of EOL. Vide Rule 8.121 of Pb. CSR Vol.1 Pai

EOL may be granted upto any extent to a permanent Govt. employee subiect to a maximum of 5 years at a time as provided for in Rule 3.25 of Pb. C5-. Vol.I Part-I.
EOL may be granted to temporary Govt. employee upto the following limits oc any one occasion.
(i) Six months in the normal case.
(ii) 12 months in case Govt. employee has completed 3 years service and lea\c is supported by medical certificate.
(iii) 18 months where Govt. employee is undergoing treatment for pulmor.ir (lungs) tuberculosis or leprosy etc.
(iv) 24 months where leave is required for prosecuting studies certified in the public interest. Vide Rule 8.137 of Pb. CSR Vol.1 Part-

Earned leave is not admissible to a Govt. employee serving in vacation department, whereas it is admissible to employees working in other department. (Rule 8.117)
Teachers working in Education Department (which is also a vacation Dept.) have been permitted to 10 days EL in lieu of HPL during a year vide FD letter dated 9.4.87. As clerified by Education Deptt. No. 35/51/89-SHI (I) dated 1.8.89 the earned leave would be credited to the account of employee on completing one year service from the date of his joining of the Deptt.

Leave salary means the monthly amount paid by Govt. to a Govt. employee on leave.Vide Rule 2.34 of Pb. CSR Vol.1 Part-I
Calculation of leave salary :
(i) During Earned leave, Maternity Leave, Terminal Leave and commuted leave it is admissible equal to pay drawn immediately before proceeding on leave.
(ii) During HPL, study leave and leave not due it is admissble equal to half pay.
(iii) No leave salary is admissible during EOL.
(iv) Hospital Leave and Special Leave may be granted on leave salary equal to full pay or half pay as the competent authority may decide in each case.Vide Rule 8.122 of Pb. CSR Vol.1 Part-I

rules regarding grant and regulation of special disability leave
The rules regarding grant and regulation of special disability leave are as under:
(i) This leave is granted to a Govt. employee who is disable due to injury inflicted in the due performance of his official duties.
(ii) Such leave shall not be granted unless disability manifested itself within 3 months of the occurrence to which it is attributed.
(iii) The period of leave granted shall be such as certified by the authorised medical attendant of the Govt. employee concerned to be necessary subject to a maximum of 730 days, (iv) Such leave may be combined with leave of any other kind.
(v) Such leave may be granted more than once if the disability is reproducer at a later date and not more than 730 days can be granted in consequence of any one disability.
(vi) Such leave shall be counted as duty in calculating service for pension but half the amount of such leave in excess of first 120 days shall be debited against the leave account.
(vii) Leave salary during the first 120 days leave shall be equal to full pay and for the remaining period of such leave be equal to leave salary on half pay leave or full pay limited to 120 days.
(viii) The special disability leave may also be granted on the above condition to a Govt. employee, who is disabled by injury accidentally incurred in or in consequence of the due performance of his official duties or by illness incurred in the performance of any particular duty.Vide Rule 8.124 and 8.125 of Pb. CSR Vol.1 Part-I


Study leave is a kind of leave granted by the competent authority to a Govt. employee to enable him to study scientific, technical or similar problems or to undergo special course of instructions. Such leave is not debited against the leave account and leave salary equal to half pay is admissible during study leave. Vide Rule 8.126 of Pb. CSR Vol.1 Part-I The following are the conditions for grant of study leave :
(i) Study leave may be granted to a Govt. employee with due regard to the exigencies of public service to enable him to undergo special course of higher technical studies.
(ii) Study leave shall not be granted unless it is certified by the competent authority that proposed course of study shall be of definite advantage in the public interest.
(iii) Study leave out of India shall not be granted for the prosecution of studies in subjects for which adequate facilities exist in India.
(iv) Study leave shall not be granted to a Govt. employee who has rendered less than 5 years service under the Govt. or does not hold a gazetted post or who is due to retire within 5 years of the date on which he is expected to return to duty after expiry of leave.
(v) Study leave shall not be granted to a Govt. employee with such frequency as to remove him from contact with his regular work.
(vi) It may be granted only to permanent Govt. employees. Vide Rule 3 App. 20 of Pb. CSR Vol.1 Part-II read with Rule 8.126 of Pb. CSR Vol.1 Part-I

The maximum amount of study leave which may be granted to a Govt. employee shall be:
(i) Ordinarily 12 months at any one time which shall not be exceeded save for exceptional reasons and
(ii) 24 months (inclusive of study leave granted under any other rules) in all during the entire service. Vide Rule 5, App. 20 of Pb. CSR Vol.1 Part-II
During study leave a Govt. employee shall draw leave salary equal to half pay plus DA upto the last day of study leave. However, other allowances such as HRA, CCA, and FMA etc. w\\\ be admissible upto 120 days. Vide Rule 19 App. 20 of Pb. CSR Vol.1 PartJI RW Rule 5.2 of Pb. CSR Vol.1 Part-I

If a Govt. employee resigns from service without returning to duty after a period of study leave, the competent authority shall take the following action :
(i) The Govt. employee shall be asked to refund double the amount of leave salary, study allowance, cost of fees, TA and other expenses incurred by Govt.'
(ii) He shall be required to refund actual amount if any of the cost incurred by foreign Govt., Foundation Trust etc. in connection with the course of study.
(iii)The study leave availed of by Govt. employee shall be converted into regular leave. Vide Rule 18, App 20 of Pb.CSR Vol.1 Part-II


Leave to probationers :
(a) If appointed under a contract which contains a stipulation regarding the grant of leave, he will be entitled to such leave as is prescribed in his contract.
(b) If appointed otherwise, he will be governed by the rules applicable to permanent Govt. employees otherwise than on probation. Vide Rule 8.131 (2) of Pb. CSR Vol. I Part-I Leave to apprentices :
(a) If appointed under a contract containing stipulation about the grant of leave, he will be entitled to such leave as is prescribed in his contract.
(b) If appointed otherwise he will be entitled to leave on medical certificate, on leave salary equal to half pay on the last day of duty prior to commencement of leave upto one month in any year of apprenticeship and if the period of apprenticeship is less than one year, proportionate leave will be admissible. Vide Rule 8.132(2) of Pb. CSR Vol. I Part-I


Terminal leave is not a separate leave, but it is a kind of earned leave which is admissible to a temporary Govt. employee on the termination of his service on account of retrenchment or on abolition of post before attaining the age of supernnuation.
It is granted to temporary Govt. employee on the termination of service due to retrenchment or abolition of post before attaining the age of supernnuation. salary for the period of earned leave due on the date of termination is admissible subject to maximum of 120 days. Vide Rule 8.138Aof Pb. CSR Vol. I Part-I

Govt. employee may be granted maximum spell of 16 days casual leave including holidays. Vide Rule 1(4) Appendix 17 of Pb. CSR Vol. I Part-II

Casual leave can not be claimed as a matter of right. Govt. employee can not proceed on leave till it is sanctioned by the competent authority. Based on Rule 8.15 read with Rule 8.60 of Pb. CSR Vol. I Part-I

Terminal Leave:- Earned leave to the extent due and admissible at a time be granted to temporary employees at the discretion of sanctioning authority on the termination of service on A/c of retrenchment or on the abolition of post before attaining the age of superannuation. Terminal leave is not admissible to a Govt. employee who has been dismissed from service.
Vide Rule 8.138A. RW Note 2 below Rule 8.138 A(2) ofPb. CSR Vol.1 Part-I.

(i) The period of overstayal of casual leave can not be treated as leave without pay vide Rule 2 Appendix 17 of Pb. CSR Vol.1 Part-II.
(ii) Casual leave can not be granted on half pay vide Note 3 below Rule I Appendix 17 of Pb. CSR Vol. I Part-II.

Special casual (extra) leave upto 14 working days may be allowed to femak Govt. employee, who undergoes sterilisation operation. Husband is also entit.sc seven days special casual leave in case his wife get sterilisation operation afia delivery of two child.
Vide C.S.HaryanaNo. 8488-2GS.11-72/4165 dt. 13.2.73 & letter dt. 4-3-20::


According to Joint Punjab Govt. letter No. 10893-GS-61/37545 dated 20.11 there is provision for grant of special - casual leave upto 10 days in a calendar year to the office bearer of recognised service association for participating m executive meetings, conferences and other activities of the association sut to the condition half of such leave will be debited to the ordinary leave ace of the official. In the present case Union President may be granted leave being the office bearer of recognised service association.

Special casual leave may be enjoyed by the following category of employee
(i) 6 working days special casual leave to a Govt. employee, who underai sterilization operation.
(ii) Special casual leave upto 14 working days to female Govt. employee. \+*m undergo non puerperal caused by child birth sterilisation.
(iii) Seven days special casual leave may be granted to the Govt. employee drawing pay upto Rs. 13900/- whose wife get sterilisation operation ro delivery of two child vide C.S.Hr. No.l8/21/78-3GS II dt. 4-3-2001
(iv) Special casual leave for one day to female Govt. employee, who unoeqi IUCD insertions. Vide C.S.HaryanaNo. 8488-2GSII-72/4165 dated 13.2.1973
(v) Special casual leave for the period of joining time, not allowed to a\ a: the competent authority may be granted to a Govt. employee in the s^ calendar year or in the next calendar year. Vide FD Hr. No. 5/l/3PR(FD)-80 dated 16.3.82
(vi) Special casual leave upto 30 days can be granted to Govt. employee take part in sporting events, tournament matches of national or Intern::: importance. Vide CS Punjab No. 10711-GII-59/24455 dated 30.11.59 (vii) Two days casual leave is admissible to a Govt. employee who donate blood. This two days casual leave is inclusive of the day on which blood is donated. Haryana Govt. letter No. 28/22/78-Gen dated 9.8.79.
(viii) A Govt. employee who has been bitten by rabid animal may be granted casual leave upto 16 days to proceed to a centre for anti rabic treatment vide Note 2 Para I Appendix 17 of Pb. CSR Vol.1 Part-II.

Quarantine leave is leave of absence from duty necessitated by orders not to attend office in consequence of the presence of infectious diseases in the family or household of a Govt. employee.
Quarantine leave may be granted by the Head of Office on the certificate of Medical or Public Health Officer for a period not exceeding 21 days or in exceptional circumstances 30 days. This leave is not admissible in case of Govt. employee, who himself contacts any infectious disease. Cholera, small pox, Plague, Diphtheria etc. may be considered as infectious disease.
Section II App. 17 of Pb. CSR Vol. I Part-II COMMENTS

Maternity leave is admissible to each female Govt. employee at the time of delivery. There is no condition in the rules that it may be granted only to married female Govt. employee. Vide Rule 8.127 of Pb. CSR Vol. I Part-I

A. Under Section II App. 17 of Pb. CSR Vol. I Part-II quarantine leave may be granted to a Govt. employee if there is infectious disease in the family. It is not admissible in case of a Govt. employee who himself contacts an infectious disease.. Further there is no provision of substitute in place of a Govt. employee absent on quarantive leave vide Para I Section II Appendix 17 of Pb. CSR Vol. I Part-II.

Vide CS Punjab No. 10711-GII-59/24455 dated 30.11.59 (vii) Two days casual leave is admissible to a Govt. employee who donate blood This two days casual leave is inclusive of the day on which blood is donated.

Haryana Govt. letter No. 28/22/78-Gen dated 9.8.79. (viii) A Govt. employee who has been bitten by rabid animal may be granted casual leave upto 16 days to proceed to a centre for anti rabic treatment vide Note 2 Para I Appendix 17 of Pb. CSR Vol.1 Part-IL

Quarantine leave is leave of absence from duty necessitated by orders not to attend office in consequence of the presence of infectious diseases in the family or household of a Govt. employee. Quarantine leave may be granted by the Head of Office on the certificate of Medical or Public Health Officer for a period not exceeding 21 days or in exceptional circumstances 30 days. This leave is not admissible in case of Govt. employee, who himself contacts any infectious disease. Cholera, small pox, Plague, Diphtheria etc. may be considered as infectious disease.Section II App. 17 of Pb. CSR Vol. I Part-II


Rule 8.114 of Pb. CSR Vol. I Part-I provides that any kind of leave may be granted in combination with other kind of leave. But casual leave is not treated as a regular leave and cannot be combined with earned leave in term of Rule 8.60 of Pb. CSR Vol. I Part-I.

The nature of leave due and applied for by a Govt. employee cannot be altered by the leave sanctioning authority vide Rule 8.15 of Pb. CSR Vol.1 P-I & as such the action of competent authority to change nature of leave is not in order.Vide Rule 8.15of Pb. CSR Vol. I Part-I

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