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CCS (Leave) Rules 1972

Conditions for grant of leave:

(i) The claim for leave is regulated by the Rules in force at the time of
application and grant of leave;

(ii) Leave cannot be claimed as a matter of right;

(iii) Leave sanctioning authority can revoke, modify or refuse grant of leave
but he cannot change the nature of leave;

(iv) Leave sanctioning authority can seek second medical opinion on a


leave applied on medical grounds;

(v) No earned leave should be refused normally during the last ten years of
service;

(vi) For leaving the Head Quarters, no permission is needed if the purpose
is to visit any place outside Head Quarters and the leave address given.
However, for going abroad prior permission is needed and details for
foreign visit during the past 4 years should be given for seeking
permission;

(vii) Leave at credit is forfeited on resignation/dismissal or removal.


However, leave at credit will not lapse on technical resignation,
reinstatement after removal or dismissal on appeal;

(viii) Leave of any kind cannot be sanctioned continuously for more than 5
years, except with the sanction of President;

(ix) Any leave can be combined with any leave including special casual
leave, but not with casual leave. However, special casual leave can
combine with casual leave;

(x) Restricted Holiday can be combined with Casual Leave or Special


Casual Leave or regular leave;

(xi) Holidays can be prefixed or suffixed with any kind of leave. This is
automatic, unless specifically refused in public interest;

(xii) If a Government Servant is on medical leave, the holidays preceding


the date of medical certificate will be prefixed automatically and
holidays immediately succeeding the medical certificate will be part of
the leave. Similarly, when a Government Servant is certified medically
fit for duty, the holidays succeeding the date of fitness certificate
automatically suffixed and the holidays preceding the date of fitness
certificate would be part of leave;

(xiii) An employee, both gazetted or non-gazetted, who is a CGHS


beneficiary living in an area covered by CGHS at the time of illness
should produce medical certificate or fitness certificate only from CGHS
doctors. However, an employee, both gazetted or non-gazetted, who is
a CGHS beneficiary living in non-CGHS area, medical certificate can be
obtained from Authorised Medical Attendant. However, if no AMA is
available within 8 Kms. of the residence/temporary duty, medical
certificate can be obtained from Registered Medical Practitioner (RMP);

(xiv) Leave sanctioning authority can dispense with the requirement of


medical certificate upto 3 days;

(xv) Overstayal of leave is debited to Half Pay Leave account to the extent
available and the balance debited to Extra Ordinary Leave. But no
leave salary is payable;

(xvi) Leave to a Government Servant who is permanently incapacitated


should be treated as under:

(a)If the Government Servant is already on leave, give him all kinds of
leave, which is admissible to him. If he is on duty, do not invalidate him.
Instead, keep him in service with all benefits till retirement;

(b)Before grant of leave, admissibility of leave should be verified.


However, leave upto 60 days can be granted without verification;

(c) A Government servant cannot return to duty before expiry of leave


unless permitted by the leave sanctioning authority.

Commutation of Leave: [Important]

Leave of any kind taken earlier can be commuted to another kind of


leave which was available and admissible, provided the request was made
within 30 days from the date of return from leave and also subject to the
adjustment of leave salary. Unauthorised absence can also be commuted
into Extra Ordinary Leave (EOL). EOL without Medical Certificate (MC)
cannot be commuted to Leave Not Due (LND). However, EOL on medical
certificate can be commuted to LND.
Commutation of leave is not allowed after retirement.
Various Kinds of Leave:
Casual Leave:

(i) Casual Leave is not a recognised form of leave. It is not governed by


any rules. A government servant who is on Casual Leave is not treated as
absent from duty and therefore, his pay is not interrupted. A period of 8 days
in a calendar year is allowed for those categories of employees who enjoys
17 holidays. For others i.e. operative staff, casual leave for 10 days is
allowed.

(ii) For employees with disabilities, 12 days are allowed. These additional
4 days will be treated as Special Casual Leave;

(iii) The official who joins in the middle of calendar year is eligible to get
proportionate period of casual leave. However, the sanctioning authority
namely the Head of Office has the discretion to grant 8/10 days. Casual
Leave can be combined with special casual leave or with holidays or
Restricted Holidays but not with regular leave. Casual leave can be availd
during tour. But no daily allowance is payable. Casual leave can be taken for
½ a day also. Sundays and holidays falling in between will not be included
with the period of C/L. Holidays can be prefixed or suffixed to casual leave.
C/L is normally granted for a shorter period to attend some private and urgent
work. Casual leave can be granted at a time for maximum 5 days. However,
the HOO has the discretion to sanction more, subject to the condition that the
total absence should not exceed 10 days. LTC can also be availed during
Casual Leave.

(iv) Even though regular leave cannot be combined with C/L, half a day C/L
can be combined with regular leave under the following conditions:

(a)He has no further credit of C/L except ½ day C/L;

(b)He was placed under compelling circumstances because of ill health or


the circumstances are beyond his control as a result he had to proceed
on regular leave and could not rejoin duty on the next day.

Special Casual Leave: [Very Important –PQ – 20 Marks]

(i) This can be combined with any other kind of leave or with casual leave
but not with both;

(ii) It is treated as duty;


(iii) LTC can be availed during Special Casual Leave;

(iv) Holidays in between are not included for the period of Special Casual
Leave.

Following are a few occasions, for which Special Casual Leave can be
granted:

(i) For donation of blood to recognised Blood Banks for the day of blood
donations;

(ii) For obligatory examination, for the days of examination;

(iii) To attend court of law, as Juror, or Assessor with the sanction of HOD;

(iv) To attend Indian Institute of Public Administration (IIPA) meeting, for the
members of IIPA for attending meetings outside Delhi or for the
members put up outside Delhi, for 6 days + journey time in a calendar
year;

(v) To provide first aid cover for festivals or calamities to the members of
St. Ambulance brigade;

(vi) For members of St. Ambulance brigade for attending to republic day
parades;

(vii) On the election day for Assembly/Lok Sabha elections in the


constituency where the Government servant resides, if the office is not
closed;

(viii) For the days of bandh/civil unrest to officials residing 3 miles away from
office and unable to attend office because of civil disturbances;

(ix) For co-operative Society meetings for office bearers, managing


committee members and delegates etc – 10 days + journey time, if the
members are coming from places outside Delhi and actual days of
meeting for others;

(x) Meetings of Kendriya Schivalaya Hindi Parishad – 20 days including


journey time;

(xi) Family planning –


(a) For males – Vasectomy – 5 days + another 5 days if the first one failed
(MC required). If after operation he is not fit to rejoin duty can be granted
special casual leave.

For Females – 10 days for tubectomy and another 10 days if the first
one fails

For Males – 3 days if wife undergoes tubectomy;

For Females – 1 day if husband undergo vasectomy.

(b) Entire period of hospitalisation, if post operation complication exists;

(c) 20 days for a calendar year for Union activities for office bearers
including delegates;

(d) Upto 10 days to the leaders of Staff side of JCM for preparing the
cases. Similarly, upto 10 days for the delegates and executive
members fo Unions for attending executive committee meetings;

(e) For sports activities -30 days in a calendar year for attending National
and international sports meets, including mountaineering, tracking,
training and coaching camps.

Leave Debitable to Leave Account:

Earned Leave:

(i) Extra Ordinary Leave, Dies-non and suspension not treated as duty, do
not qualify for earning the Earned Leave;

(ii) 15 days is credited in advance as on 1 st January and 1st July of each


calendar year. Maximum accumulation is 300 days. Period in excess
of 300 days should be availed during the concerned half years. In other
words, the credit at the end of half year will be limited to 300 days;

(iii) If a Government servant joins a new post without availing full joining
time, on the orders of Competent Authority or if he proceeds to the new
place without availing full joining time and takes his family within the
permissible time, unutilised portion of joining time will be credited to
Earned Leave Account, subject to the condition that the total
accumulation should not exceed 300 days. This is in addition to the
number of days encashed at the time of LTC;
(iv) 2½ days for each completed calendar month will be credited for a
fraction of a year;

(v) If period of EOL with or without medical certificate or dies-non or period


of suspension which is not qualified for leave, then 1/10 th of such period
will be debited against the EL falling due in the following half year;

(vi) EL can be granted at a time for 180 days. However, for a group ‘A’
officer EL can be granted upto 300 days provided a portion of leave
should be spent outside India, Myanmar, Bhutan, Bangladesh, Nepal,
Pakistan or Sri Lanka and also that the leave spent in India should not
be more than 180 days;

(vii) The leave salary is last pay drawn i.e. before proceeding on leave;

(viii) Upto 300 days can be granted as leave preparatory to retirement.

Half Pay Leave:

(i) For earning HPL service includes period of duty, leave including EOL,
with or without Medical Certificate but it does not include period of
suspension not treated as duty, period of dies-non, overstayal of leave
and overstayal of Joining time;

(ii) 10 days for every completed half year should be credited in advance as
on 1st January and 1st July of each year. 5/3 days of each completed
month should be credited for a fraction of an year. 1/18 th of the period of
dies-non, period of suspension not treated as duty, overstayal of leave,
overstayal of joining time should be debited in the following spell;

(iii) HPL can be availed either on medical certificate or without MC;

(iv) HPL is debited on the following occasion:

(a) When HPL is availed;

(b) When commuted leave is availed, double the number of commuted


leave will be debited;
(c) When LND is availed;
(d) When a Government servant overstays leave or overstays joining time
without sanction, the period of such overstays will be debited to HPL
account but no leave salary is paid;
(e) Upto 60 days commuted leave without MC in continuation of maternity
leave is debited against HPL;
(f) Upto 90 days commuted leave without MC granted for study purpose in
public interest is debited against HPL account.

Commuted Leave:

(i) Commuted Leave is granted only on Medical Certificate both for


permanent & temporary employees. However, on two occasions
commuted leave can be granted without MC:

(a) Upto 60 days in continuation of Maternity Leave of 180 days;

(b) Upto 90 days commuted leave can be granted without MC during


entire service for studies in public interest.

(ii) The Competent Authority should satisfy himself that the Government
Servant would return from leave, join duty and earned the leave;

(iii) There is no ceiling for earning, neither any ceiling for availing. Twice
the amount of commuted leave is debited against HPL account;

(iv) Commuted leave can be granted even when there is EL at his credit
provided the Government servant request in writing;

(v) 60 days commuted leave without MC can also be granted to adoptive


mother if they have less than two surviving children;

(vi) If the Government servant resigns or permitted to retire the difference


between full pay leave salary and half pay leave salary should be
recovered. However, this recovery can be waived if the retirement is on
health grounds or invalidation or if it is followed by death;

(vii) Commuted leave cannot be granted as leave preparatory to retirement


and the leave salary is last pay drawn before proceeding on leave.

Leave Not Due (LND):

(i) This is granted only on Medical Certificate, in advance of accumulation


of HPL. It can be granted without MC to a female Government servant in
continuation of maternity leave (180 days), commuted leave (60 days) +
Leave Not Due which is proposed to be given subject to the condition that the
total period should not exceed two years in continuation of which Child Care
Leave can also be taken for the 3rd year;

(ii) LND cannot be granted as leave preparatory to retirement. In the entire


service upto 360 days can be given;
(iii) LND should be limited to the HPL which the Government Servant is
likely to earn till his retirement;

(iv) LND is also allowed to adoptive mothers subject to the condition that
the maternity leave (180 days) + Commuted Leave (60 days) + Leave Not
Due, which is proposed to be given should not exceed one year and also on
adoption of a child less than one year old;

(v) Leave sanctioning authority should certify that there is a reasonable


prospect of the Government servant rejoining duty and earning the leave;

(vi) In respect of temporary Government servant minimum one year service


should be completed. The leave can be granted upto the limit of 360 days on
Medical Certificate for serious diseases like Tuberculosis, Cancer, Leprosy
etc.;

(v) If the Government servant after availing LND resigns from the post
without joining or retires voluntarily, the difference in leave salary should be
recovered. However, in the case of retirement on health grounds or if the
Government Servant has died, the recovery can be waived. Similarly, no
recovery can be effected if the Government servant has been compulsorily
retired;

(vi) EOL without MC can be commuted to Leave Not Due.

Special Kinds of Leaves: [Very Important]

Extra Ordinary Leave (EOL): The special circumstance in which EOL is


sanctioned:

(i) When no other leave is admissible or when the official specifically


applies in writing even if other kind of leave is admissible;

(ii) Maximum EOL on any one occasion:

(a) For permanent Government Servant – No separate limit.


However 5 years at a time for all kinds of leave including EOL;

(b) Temporary employees – Less than one year service – 3 months –


with or without Medical Certificate;

(c) Temporary employee with one year or more service – (i) 3 months
without medical certificate (ii) 6 months on medical certificate for
common ailment including 3 months above
(iii) 18 months on Medical Certificate for serious diseases like TB and
Cancer;

(iv) 24 months, including 3 months mentioned above for studies purpose


provided the official has completed 3 years service and the sanctioning
authority has certified that he would return to duty and work for minimum 3
years;

(v) 2 spells of EOL, if intervened by any other kind of leave, should be


treated as one continuous spell of EOL for calculating the ceiling above;

(vi) Unauthorised absence from duty can also be commuted to EOL without
MC. EOL can be granted to apprentice also. It cannot run concurrently with
notice period for voluntary retirement. EOL entails no leave salary except
HRA and CCA, if any;

Maternity Leave:

(i) A female employee, married or unmarried or widowed or divorced,


including apprentice with less than 2 surviving children are eligible for
maternity leave without MC for 180 days;

(ii) In addition, for miscarriage or abortion including induced abortion (but


not for threatened abortion) during the entire service, on medical
certificate, maternity leave, 45 days on any number of occasions;

(iii) In addition to maternity leave the employee is entitled for commuted


leave without MC for 60 days and LND for the balance period upto a
maximum of 2 years without MC;

(iv) It is not debitable to leave account;

(v) Maternity leave is counted for pension and increment;

Child Care Leave (CCL):

(i) Female Government servant having minor children for taking care of
upto 2 adult surviving children for the purpose of examination, sickness etc.
during entire service, CCL upto 730 days can be granted;

(ii) CCL is not admissible if the child is of 18 years and above. However, in
respect of physically or mentally challenged children, it is allowed upto 22
years, subject to the condition that there should be a minimum disability of
40%. Certificate of dependency and incapacity is essential;
(iii) In addition to CCL, commuted leave upto 60 days and LND for the
balance upto a maximum of one year without MC can be granted;

(iv) CCL can be combined with any other kind of leave due and admissible.
It is treated as EL for all purposes. The intervening Saturdays, Sundays and
holidays will count as leave as in the case of EL;

(v) CCL should not be granted for less than 15 days at a time and more
than 3 spells in a calendar year;

(vi) During probation, normally CCL is not admissible except in very rare
circumstances;

(vii) CCL cannot be claimed as a matter of right;

(viii) Leave salary, equal to the pay drawn before proceeding on leave.

Paternity Leave: (Short Note – Important)

(i) A male employee including apprentice, temporary or casual with less


than 2 surviving children, paternity leave for 15 days is allowed during
confinement of his wife for childbirth – upto 15 days before or upto 6 month
from the date of delivery;

(ii) Leave salary equal to the pay drawn immediately before proceeding on
leave. If it is not availed it would lapse. Normally the leave should not be
refused;

(iii) Paternity leave in the case of Casual employees with temporary status,
it should not be debited against leave account. Instead it will be combined
with pro-rata Earned Leave;

(iv) Paternity leave for child adoption has been introduced from July 2009.
In other words a male official including an apprentice with less than 2
surviving children on valid adoption of a child below one year is entitled for
paternity leave of 15 days to be availed within 6 months from the date of
adoption. Leave salary will be pay drawn before proceeding on leave. This
can be combined with any other kind of leave, except Casual Leave.
Normally the leave should not be refused.
Child Adoption Leave:

A female official with less than 2 surviving children on valid adoption of


a child below the age of one year, is entitled for 180 days leave from the date
of adoption with full pay leave salary. This can be combined with any other
kind of leave including 60 days commuted leave without MC and LND without
MC upto one year, reduced by the age of the adopted child on the date of
adoption. For example if the age of adopted child is less than one month on
the date of adoption, one year leave may be allowed. However, if the age is
6 month and above, then leave upto 6 months can be allowed.

Study Leave:

(i) Leave of all kinds, except study leave and special disability leave can
be sanctioned by appointing authority and subordinate authority to whom
these powers have been delegated.

(ii) Special disability leave can be sanctioned only by appointing authority


and study leave only by the Administrative Ministry;

(iii) The authorities subordinate to Appointing Authorities to whom the


powers have been delegated can sanction leave only where no substitute is
required and if substitute is required, only appointing authority is competent.

Study Leave:

(i) A Government servant who has completed probation and rendered at


least 5 years continuous service, including the period of probation is eligible
for study leave. Those who are due to retire within 3 years from the date of
expected return from leave is not eligible.

(ii) The leave sanctioning authority should certify that the study leave would
extend a definite advantage to the Government. The officers who are entitled
for study leave:

(a) Post Graduation in medical science for medical officers;

(b) Post Graduation in Technical Studies;

(c) PHD for Indian Economic Service Officer and for Indian statistical
service officer;

(d) For officers on the area of subjects which can widen their mind and
improve the capacity of work;
(e) Those areas connected with the background of Public Administration;

(f) Study leave is not admissible in the following cases:

(1) Subjects which are not covered in the notes above;

(2) Studies outside India if the facilities are available in India;

(3) The Government Servant should not frequently loose contact with
the Cadre;

(4) Normally 12 months at one time, in the entire service – 24


months;

(5) For CGHS Doctors and officers 36 months. However, on return


from study leave, they should serve minimum 5 years;

(6) For JNU scholarship, entire period of fellowship can be granted;

(7) If the duration of study is less than study leave period, the official
should join immediately after completion of studies;

(8) Study leave can be combined with other kind of leave, provided,
the total study leave cannot exceed 28 months for general
category of studies and 36 months for PHD.

(9) In addition to above, EOL can be granted for 36 months;

(10) Leave Salary –

(A) Outside India: Last pay drawn + DA + HRA (upto 180 days
without certificate) + Study allowance

(B) Study in India: Last Pay drawn + DA + HRA

(11) The official cannot accept any foreign assignment in continuation


of study leave. No TA, not any cost of Fee is allowed. No
conveyance allowance not any transport allowance;

(12) If the officer resigns, without returning to duty or resigns within


three years of the returning to duty or he has failed to complete
the course, he has to refund the salary and study allowance paid
to him. The recovery can be waived by the President. For this
purpose, the Government servant before proceeding on study
leave should execute a bond.

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