Swamy's Compilation of

F. R. & S. R. PART III

-
CENTRAL CIVIL SERVICES

LEAVE RULES
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MUTHUSWAMY
AND
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SWAMY PUBLISHERS (P) L'T D.

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Post Box No. 2468, Raja Annamalaipuram
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APPROVED AS A REFERENCE BOOKvide
Controller-General of Accounts No. A -3 4012 I I 42 12006/
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FIRST ED1TION - 196I

FORTY.FOURTH EDITION 20I5
2060638 / S
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I Paper uscd: 60 CSM SPB Graphic Paper ]

Series-
Other Parts in this
l
General Rules PART Il
- T.A.
PART I Rules
-PART IV DA, DR AND HRA
- I
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 GO\'ERNMENT'S APPROVAL
of this Compilation as a reference book

I
EXTRACT OF' CIRCULAR LETTER NO. 628-EXAM /'29.7'I , DATED
20.6.1980, FROM THE COMTTROLLER & AUDITOR- GENERAL OF
INDIA, NEW DELHI, TO ALL THE OFFICES OF THE I.A. & A.D.
Subject:- Permission to us€ Swamy's Compilation
in the SAS Examination'
I am directed to state that the Comptroller and Auditor-General of lndia
has been pleased to permit the use of Swamy's Compilations of
"Fundamental Rutes and Supplementary Rules" as books of reference in
the Examination hall to the candidates for the SAS Examination.

2. The candidates will be required to Provide themselves with copies of

the above books at their own cost and should also b€ warned that they may
use the books at their own risk regarding the accuracy, completeness or
up-to-da(eness of these publications.

II
DIRECTOR-GENERAL'S (P&T) SPECIAL GENERAL
CIRCULAR NO. 35, DATED THE I9TH MARCH, 1964.
VIII. Permission to use Swamy's Compilations of the FRs and SRs
and of Revised Leave Rules in Examinations'
It has been decided to permit the use of (1) Swamy's Compilation of
the FRs and the SRs and of (2) Swamy's Compilation of the Revised kave
Rules written by Shri P. Muthuswamy as books of reference in the
examination hall in respect of all Departmental examinalions in which the
FRs and SRs and the Revised l-eave Rules have been included in the
L syllabus and the questions are allowed to be answered with the aid of books.
The candidates will provide themselves with the copies of th€ above
compilations at their own cost and they may use the same at thet own risk
regarding the accuracy, the completeness or up-to{ateness of the publications'

2. The candidates will be permitted to bring to the examination hall the

above Compilations in addition to the ofhcial publications on the FRs and
SRs and the Revised l-eave Rules.

(32/lI/63-SPA)
iii
 m
COPY OF LETTER NO. 5/41/85-CS. I, DATED THE 21ST MARCH,
1986, FROM SHRI G.P. KALRA, DEPUTY SECRETARY TO THE
GOVERNMENT OF INDIA, DEPARTMENT OF PERSONNEL AND
TRAINING, NEW DELHI, ADDRESSED TO SWAMY PUBLISHERS,
POST BOX No. 2468, MADRAS - 600 028

Slbject Rules for Combined SO, Stenograph€N (Grade 'B'/Grade D

- Limited Departmental Competitiv€ Examination, llES.
I am directed to refer to your letter, dated 20th August, 1985, on the
subject menrioned above and to say that it has be€n decided to include
"Swamy's Compilation of FR and SR" as a reference book recommended I
for the paper on General Financial and Service Rules in Sos/Stenographers
(Grade 'B','Grade I) Limited Departmental Competitive Examinarion.

N
EXTRACT FROM LETTER NO. A-34OI2I IOL |78IMF-CGA
(E)12286, DATED THE 31sr DECEMBER, 1987, FROM
THE CONTROLLER-GENERAL OF ACCOUNTS, MINISTRY
OF FINANCE, GOVERNMENT OF INDIA. NEW DELHI.

Para. 22 (a). Candidates may be permitted to use under-mentioned

books in addition to the official publications enumerated in rhe syllabus for
the examination for the relevant practical papers of part-I of Junior
Acrounts Office (Civil) Examinarion.

I. (r) Swamy's Pension Compilation of CSRs and Liberalized

Pension Rules.
(il) Swamy's Compilation of Liberalized Pension Rules.
II, *+
III. Swamy's Compilation of the Fundamental Rules and the
Supplementary Rules, Vols. I & II.
IV, Swamy's Compilation of Central Treasury Rules, Vol. I. -
V. Swamy's Compilation of the General Financial Rules.

tv
 CONTENTS
CHAPTER I
Preliminary
RULE
PAGE
l. Sho title and commencement
1
2. Extent of application
I
Government of lndia s Decisions
\l) 2G2-1991 Employees of non-staturory deDanmental
canteens also come under ihe ourvle* .f
various CCS Rules appticable.-io - lthJr
employees ofcomparable jatus
--._.- 2
(2) t0-8-1973 Applicatitiryro Honorary Workers
2
nt t9B6 EL ar 2j days per monrh ro ad /roc employees...
?4^-7 3
28-3-19S8 Adroc employees rn Vacatron
Depanmenr
- Definitions
3. -(4) 4
4
4. Government seryants on temporary lransfer
foreign service... or on
5
5. Transfer from services or posts governed Uy ottrer teave
rutes
6
6. Transfer to industrial eshbl;hment ... ... 6

CIIAPTER II
General Conditions
7. Right to leave
8
Government of lndia's Decisions
(l) Govemment servants to be encouraged to take
-_25-l-196q
22U-3-2O0ll teave rcgula y
8
t2) 29-9-tgid l-eave should not ordinarjly be denied
- durinp
the last ten years of service
8
8. Regulation ofclaim to leave
9
9. Effe.ct of dismissal, remoyal or resignation on leave
credia at
9
Govemment of India,s Decisions

ll.ll?6, Carry-forward of leave in cases where

l5- l- 1964] due to retrenchmenl breat
rs condone(t
9
v
RULE PAGE

Audit Instruction
Continuity of s€rvice bencfit for the purpose of leave 10

I 0. Commutation ofone kind of lesve irto ,nother 10

Government of India's Decision

2-12-1981 Commutation of leave of one kind into leave
of another kind cannot be done affer the
employees cease to be in servicc 1l

ll. Combimtion of different kinds of lesYe

G overhme nt of I ndi o \ Dec is ions
(l) 22-7-1967 Special CasualLeave t2
(2) 4-2-1966 Combining halfa day's casual leave t2
12. Maximum amount ofcontinuous leave t2
13. Acceptance ofservice or employment while on leave 12

Audit hatruction
Rule 13 not to be construed as permitting a Covemment
servant to undertake regular employment dudng leave on MC l3

CHAPTER I
Grant ofand return from lesve
14. Application for leave ... l4
15. I-€ave Account l4
16. verilicrtion oftitle to le.Ye ... l4
11. L€ave not to bc granted in certain circumstsnces l5
Gowrnment of India s Decisions
(l) FR55 No leale during suspension ... l5
t2l 7-ll-2000 Leave sanctioning authoriq shall get prior
approval before sanctioning lea\e for''going
abroad" 15

(3) l-9-2008 Competent Authority whose permission is to be

take; by the leave sanctioning authority before
sanctioning leave to a Govemment servant to
goabroad ... 15

18. Deleted 15

19. Grant of leave on medical certificate to Gaz,€tted and llon-

Ga7* tted Government s€rvants. . l6
Governme of Indiab Decisions
(l) 5-4-1963 Certificates issued by Railway MedicalAutho-
rities t'7
(2) 6- I l - 1975 Procedure for securing second medical opinion' l8
RULE PAG E

(3) 18-7-1985 Cenificates from AIIMS. New Delhi. PGIM.

Chandigarh and JIPMER, Pondicherry. can be
accepted l8
(4) 19-10-2011 Commuted Leave to a Govemmenl servant
who has opted out ofCGHS facilities and is
availing the medical facility provided by the
employer ofhis / her spouse t8
20. Le ye to , Government servantwho is unlikelyto be lit to
return toduty l9
2L Commencement and termination ofleave ... 20
6overnment of lndiab Decision
FR I l2 Transler to foreign service 20
22. Combination of holidayswith leave ... 20
G overnme nt of lndia b Decisions
(l) 22-9-1953 Period ofr€st to RMS Sorters 2t
(2\ 7-10-1960 Treatment of rcstricted holiday 21
23. Recall to duty beforeexpiry ofleave ... 2t
24. Return from leave 22
Government of India s Decisions
(| ) I8-2- l95S-l Authority competent to grant fitness cenificare
1c-,9-195L aRer lreatment for Tuberculosis 23
t2t 27.9-1956-l
26-3-1958 Authorin competent to issue re-posling order.
r 7-9- r 95 8-.1
DG,l&T\tnstru.tnns 24
27-11-19fi1
l8-4-1963
29-7 -1960
23-4-t962
l9-4-19(t2 )
25. Absence after expiry of leave 25
Government of Indiu:t Decisions
(l) 12-9-1958 'freatment of wilful absence lrom dury nor
recognizsd... 25
(2) l0-2- 1972 Action for overstayal of leavc 25
(3) 5-10-1972 Action for unauthorized abscnce from duty or
overstalal of leave 25
(4) 22-6-2010 CuidclinesforRegularizationofUnauthorized
Absrnce 27
(5) ?8-3-2013 Consolidated instructions relating to action
waranted against Governrnent scrvants remaining
away from duty without authoriztion / grant
ofleave Rule position ... 28
-
\'t I
 PAGE
RULE

Audil Insttuction 30
eJ.ioa oior"t.t"yuf ofleave does not count for increment "
CHAPTER TV
Kinds of leave due ard admissible
in Depart-
26.
--- Earned leave for Government seftrnts serving 3l
menG other than Vacation DePrrtments
-,i,
Government of I diab Decisions
l0-4-19?6 Elisibiliry in cases ofofl'icials on leaveonthe 33
lasidal of a Particular half-Year
?-5-1991 Procedure for advarce credil when
leave at
Ir\ days ' 33
credit exceeds 225
r1) 2l-6-19s0 Proviso to Rule26 ll) (b)not applicable to
35
rrnavailed J. f
rrl 21-9-2008 Earned Leave encashed along with LIC not
35
to be deducted
35
27. Cslculation ofearnd leave
Covernmekt of lkdia\ Decisions
(r),3-13:131!1.,,,n*,ion resarding sub-rule (3)
36
ma/.e
Reduction bv +th of EoL I dies nontobe
,r-r-lqRol;;;;J ihe 'cr'&ir to be afforded during lhe
ll-i- iiso rorro*ing half-year and lo theexlentolsucn
36
credit onlY
,1\ 7-r-r0ll Rate of calculating entitlement to Eamed
Leave
(EL) and halfPaY Lea"e (HPL)
Departments ' 38
28. Earned teave for persons serving in Vacation
Government of India s Decisions
ll) l0-9-1955 lransfer liom vacalion lo Non-Vacalion
39
DePanment
i,)'| lr'-s-l9t'5-l Liabilio of the lending Govemment for leave
servlce ln
il-t'tsll\- salary oiGovemmen( servanl lenl lor 4
a Vacation DePanment
l2-2-lg?0 Combination of vacation with casual
leave
{l) 40
Permissible "'
(4) 3-9-l98ll Teachers to eam l0dayseamedleaveonfull
hall pa)
l9-2-1985 pay durtng a year inslead of 20 da)s' 4l
ll-8-1988ileave
{5) I r-I r-2008'
[*1."3i[il:*,:ffIillij,i:i,'13,1"#lf; 43
Watermen '
r6r l0-4-1987 [ravelling AIlo\tance undcr SR 142 for recall
M
from \acalion in Publlc Interesl

vlll
RULE PACE

(7) 28-3-r 988 L-eave to ad hoc emplolees working in Vacation

Departmenl 44
(8) Rule 38-A Encashment ofearned leave while availing LTC 45
(e) I t-2-2004 Benefit of leave extended to school teachers
utilized for school work / activities during
vacations ... 45
Audil Instuction
''Each ) ear of duty ' should be interpreted lo
mean twelve months ofactual duty and nol a
calcndaryear 45
29. Half paylerve ... 46
Goverhment of lndia\ Decision
24-l-1986 Credit for the incomplete portion up to
3l -12_1985 47
Audi t or-Ce he ral \ Dec is i o n
20-l-1937 Right to ask for a particular kind ofleave rests
with the Government seruant
30. Commuted l-cave 47
Government of lndia s Decisions
(I) Rule 43-B Commuted Leave up to 6O days without medical
certificate to female Govemment seryants on
adoption ofa child 48
(2) Ruie 43 (4) Medical Certificate not necessary fo. commuted
leave in continuation ofmaternity leave 48
(3) 8-9-1986 Clafification regarding the term,.AMA.. 48
(4) 18-7-1985 Medical Certificates issued by AIIMS.New
Delhi, PGIt4, Chandigarh and JIPMER,
Pondicherry are acceptable ... 48
(5) 19-10-2011 Commuted Leave to a Government servant
who has opted out oiCGHS facilities and is
availing rhe medical faciliq providedbythe
employer of his / her spouse... 48
31. t*aveNotDue ... 49
Goternment of Indiab Decisions
(l) 2l-5-195t Med icat Authonties for recommendins leave in
ll-12-1953' cases ofTuberculosis and Leprosy - ... 50
(2) Rule 43 (4) Medical Certificate not necessary for LND in
conttnualion of malemity leave 50
(3) Rule43-B LND can be granted without medical cenificate
to an adoptive mother also ... 50
(4) II -9-2008 LND can be granted without medical certificate
aschild care leave 50

lx
RULE PI.GE

Audit or-Ge nerul b Dec is i on 50

28-t-1924
32. Extraordinaryleave 5l
G overnment of lndia' s Decisions
(l) 20-3-1976 Leprosylnstitutions 52
(2) l7-6-2003 Notice ofvoluntary Retitement can b€ accepted
from a Covemment servant already on EOL ' 52
Audilor-Ge ne ral's De c is i ott
10-4- 1964 Two spells of EOL intervened by sp€cial casual
leave should be treated as one continuous spell' 53

33. Le{ye to probationer, a person on probation and an apprentice 53

Gotemment of I ndia's Dec is ions
(l) 20-G1959 Carry forward ofleave 54
(2) 3-4-1961 SAS ApPrentices 54
34, Persons re-employed after retirement 54

35. Deleted 54

36. Deleted 54
37. Deleted 54
38. [,eave preparatory to retirement 54

3&A. Encashment of Earned Leave along with l,eave Travel

Concession while in service . . 55
Goeernment of lndia b Decisions
II ) 34-2009 Encashment of eamed leave along with Leave
Travel Concession without any linkage to
number ofdaYs and nature ofleave 56
(2) 24-ll-2m9 Claification 56
(3)
'- 2-3-2010 Encashment of l0 days EL along.with LIC bv
Re-employed pensioners Clarification . . )/
-
39. Lesve / Cash payment in lieu of leave beyond the date of
retirement, compulsory retirement or quitting ofservice ... 57

39-A. Cash equivalent of leave salsry in case ofdeath in service ... @

39-B. Cash equivalent of lerve salary in case ofinvalidrtion from

serYice 6)
39-C. Payment ofcrsh €quivalent oflcav€ sslsry in crse ofd€tth' etc.,
ofGovernment servant 6l
3!D, Cash equivalent ofleavesahry in cas€ ofpermanent absorP
tion in- Public Sector Undertakings / Autonomous Body
wholly or substantially owned or cortrolled by the Central /
State Government 62

x
RULE PAGE

Government of India's Decisions

(l) 25-8-1983 Cash equivalcnt ofleave salary for eamed leave
to be paid in cases ofvoluntary retirement /
premature retircmcnt / invalidation even ifthe
period goes beyond the date ofsupcrannuation 62
(2) 3l-12-1980 Cash equivalent may be gftnted by subordinate
authorities to whom leave sanctioning powers
have been delegated 63
(3) 6-2-1989 Benefil ofincrement fallingdue during leave in
the cas€ ofdeath while on leave @
(4) 24-',1-197 5 Applicable to re-employed p€nsiooers also ... @
(5) 25-9-2008 Cash equivalent for EL and HPL subject to
overall limit of300 days ...
(5-A) 28-t2-2012 Extension ofthe revised orders on encashment
of Ea.rned Leave and Halfpay leave to Indus-
trial Employees 65
(5-B) I8-3-2009 Encashment of HPL is not admissible to
Govemment servants who resign 6
(5-c) l6- I I -2009 Encashment ofleave Date ofeffectmodified
- l-9-2008
ro l-1.2006 inslead of 66
(5-D) 24-5-2011 Encashment of leave to be granted to Govem-
ment seryants on their appointment in Central
Public Enterprises a
(6) 8-3-1982 DA/ADA increase wirh retrospecrive effect
also admissible 68
(1) 3-7- t98l Exemption fiom IncomeTax 68
(8) l6-2-1988 Leave accumulated while inAPS and brought
forward allowed for encashment 69
(e) 28-7-1989 Annual Allowaoce to CHS Doctors cannot be
taken for computation ofencashment ofleave. 69
(l0) 9-t2-2005 Trcatment of Headquaner Allo\aance 69
(l l) t3-2-2006 Cash paynent in lieu ofunutilized eamed leave,
for persons compulsorily retired as a measure
of punishmcnt @
o2) 25-9-2008 Order of eligibility of relations for encashmcnt
of leavc in the event ofcovemment servants
dying in hamess n
( l3) 2t-t0-2013 Timely payment of dues of encashment of leave
to Co\emment servarts reliring on attaining lhe
age ofsuperannuation need io obviate deiays
-
in payment ofsuch dues ... 71

xt
RULE PAGE

40. Leave Salary 72

Government of India s Decisions
(l) 6-2-1989 Benefit ofincrement falling due during leave in
the case of dealh while on leave 73

(2\ l0-7-1990 Risk Allowance forms part of leave salary ... 73

41. Drawal oflerve salary

42. AdYanceofleavesslary 73
Government of lndiab Decisions
(r) 3-8- r960
t2-t-1961
12.7-196r General Conditions
16- r l -1961
(2) 30-ll-1963 How early advance may be paid and mode of
adjustmenl 74
(3) 5{-1962 When payment is made by foreign employer... 15
(4) 22.12-1965 Govemment serv?rnts on deputation availing
leave at the time ofreversion to parent depart-
ment '76

CHAPTER V
Special kinds ofleave other than Study f,eave
43. Ivlsternity L€ave ... 7',|
Go,rernment of Indtab Decisions
(l) 28-4-1986 Unmarried female Govemment servants also
eligiblefor matemity leave ... 78
(2) 2l-4-1975 Ndalemily leave for induced abortion '78
(3) 13-5-1992 No special casual leave for Salpingectomy
operation undergone with'induced abonipn'... ?8
(4) I6-3-1985 No Maternity Leave for th.eatened abortion... 78
(5) I l-9-2008 Matemity Leave increased to 180 days 78
4$A. Paaernity t eave... 79
,l;lAA. Prternity L€ave for Child Adoptiotr ... m
4&B. ChiH Adoption l-€ave 80
Goeernment of India i Decisions
(l) 3l-3-2006 Grant ofChild Adoption L€ave for 135 days to
female Govemment servants on adoption ofa
child uptooneyearofage ... 8l
(2) 22-'l-2009 Enhancem€nt of Child Adoption Leave from
135 days to 180 days and extension of the
facility of Patemity Leave to adoptive fathers. p.

xll
RULTJ PAGE

zfK. Child Carc Leave p.

Government of lndiab Decisions
(l) ll-9-2008 Child Care Leave for 730 days a
(2) 29-9-2008 Clarifications 84
(3) l8-t l-2008 84
(4) 2-12-2008 Clarilications 85
(5) 7-9-2010 CCL can be availed evcn ifemployee has EL at
credit 85
(6) 30-12-2010 Cladficarions 86
(7\ 3-3-2010 Waiving of age restriction of l8 years for
Govemmsnt servant having mentaly challenged /
disabled children 87
(8) 20-10-2011 Grant of Child Care Leave to Civiliar Female
lndustial Employees of Defence Establishments. 87
(9) 3l-5-2012 crant ofchild Cale Leave to Civilian Female
Industrial Employees of Defenc€ Establistments. 8',7
(10) l-8-2012 Extension of orders for ganr of Child Care
Leave to all Civilian Female tndustial Employees
ofthe Central Govemment ... 88
(ll) 5-6-2014 Child Care Leave (CCL) in respect ofcentral
Goyemmcnt Employees Clarification ... 88
44. Special disrbility
-
lesve for injury intentionally irllicted ... 88
45. Specirl disability leave for accidental injury s
46. Hospital leave s
Government of Indiab Decision
(I ) I 4-7- I 960 Applicability to indusfial and workduBad staff 9l
47. Scamen's sick leave 91
41. Deleted. c2
49. Departmentrl le{ve s2
CHAPTER VI
Study Lesve
50, Conditions for grant ofstudy leave 94
30-3-2006 Grant of Study Leavc/ permission to pursue
Postgraduate Degree / Diploma / DNB cours€s
by CHS Officers 96
51. Maximum amount of study l€ave 97
Government oflndiab Decisio s
(1) 9-12-1986 Study leavc may be taken in more than one spell
also 9'7
(2) 23-8-1985 Ministdes / Departrnents can sarction study
lcave excecding 12 months up to the maximum
of24 months at a saelch ... 97

xllt
RULE PAGE

(3) 76-19?6]Grant of study leave to those selected for the

29-9-1983 award of Jawaharlal Nehru Fello$ship 98
(4) l-9-2011 Study Leave for fellowships offered by reputed
lnsr irutes ... 98
52. Applhrtion forstudy l€5ve I
53. Sanction ofstudy le-ave w
54. Accounting of study lesve and combination with l€ave of other
kinds lm
55. Regulatior ofstudy lerveext€nding b€yond courseofstudy .. l0l
56. t eave srlary during study leave l0l
57. Conditions for grant ofstudy allowance toz
58. Rates ofstudy allowance 103

59. Procedure for payment ofstudy allowance ... 103

60. Admissibility ofauowances in addition to study allowance... IM

, Golemment of Indiab Decision
(l) l9-12-1989 CCA also during the period ofstudy leave ... 104
6t. Trrv€lling Allowance during study letve ... t05
62. Cost of fees for study 105
63. Resignation or retirement after study leave ornon-com-
pletion ofthe course ofstudy... 105

CHAPTERvII
Miscellaneous
64. loterpretation t07
65. Power to r€lax 107
66. Repeal and Saving 107

THE FIRST SCHEDULE

,4uthorilies competen! to granl leove 108

THE SECOND SCIIEDULE

l. Application for leave or for extension ofleave ... 110
2. Form ofleave account l1l
3. Medical certificate for Gazetted OffIcers recommended leave or
extension ofleave or commutation ofleave 113
4. Medical c€rtificate for leave or extension ofleave or commutation of
leave I t3
5. Medical cenificate offitness to retum to duty ... |4
6. Bond for tcmporary Government seryants granted extraordinary
leave in relaxation ofRule32 (2) (e) for study ... I l5
7. Bond to be executed by a Government servant in permanent employ'
when proceeding on study leave... 117
8. Bond to be cxecuted by a Govemment s€rvant in permanent employ,
when granted extension ofstudy leave 119
9. Bond to be executcd by a Govemment servant not in permalent
emplol', when procecding on study leave 120

xlv
RT.II,E PACE

10. Bond to be executcd by a Govemment servant not in pcrmanent

employ, when ganted cxtsnsion of study leave ... 123

APPENDICES
NO
L MiscellaneousDecisions:
A. Leave rules applicable to Civil Covemment servaots permitted
to take up military service during emergency 125
B. Cary forward ofleave in case oftransfers ... t27
C. Procedure for gr6nt oflcave and disbursement and allocation of
leave salary 132
D. Leave entitlements oi Temporary Status Casual labourers ... 137
lI. Leave terms to be granted to omcers appointed on contract
in various posts... t40
lII. Orders regarding grant ofCasual and Special Casual Leave... 142
A. For panicipation in sports and cultural activities 145
B. For family planning .. 149
C. For Ex-Servicemen t9
D. For Union / Associalion activities .. 153
E. Miscellaneous 156
M List ofrecogniz€d leprosy institutions ... 165
INDEX 168

LIST OF NOTIFICATIONS AMENDTNG LEA}'E RULES

The Principal Central Ciyil Services (LeaYe) Rules, l9'l2,werenotifiedvide
S.O. No. 940, dated 8-4-1972 and subsequently amended as below-
Notification No Date GSR No Date

r. F. 16 (3)-E. rV (Ay7l tt- t-t9'72 3724 4-11-1912

2. F. 4 (',tr,-E. w (Att72 30- 4-t913 1399 l9- 5-1973
3. F. 5 (15)-E. rV (Ay73 t3- 7-t973 821 t4- f- 973
4. F. 14 (ro)-E. IV (Ay73 tt- 6-197 4
5. F.5 (8)-E. IV (Ay73 t9- 1-t914 8r8 3- lt- r )'1
6. F. 14 (8)-8. IV (Ay?4 2-tt-1974 1242 23-ll-I.)11
7. F. 16 (3)-8. rV (Ay74 20-t2-1974 1314 28-12-1914
8. F. 16 (5)-8. IV (Ay74 r l-
4-1975 526 26- 4-1975
9. F. 16 (8)-E. tV (Ay74 26- 5-1975 686 1- 6-t975
10. F.4 (l)-E. rv (Ay74 24- 6-1975 834 t2 - 1-1915
r l. F. 16 (8)-E. IV (Ay74 20- 9-1915 2816 21-12-t975
12. F. 5 (7)-E. IV (Ay75 2-12-1915 2871 27-12-1915
13. F.5 (16)-E. rV (Ay73 t5- l-1976
14. F. 16 (6)-E. rV (Ay74 3t- 1-1916 i 184 t4- 8-r9?8
15. F. 16 (3)-E. IV (Ay76 7-to-t916 158? l3-l I - 1976
16. F.4 (9FE. IV (Ay76 14- 3-1971 6rt t4- 5-1911
17. l4 (lr)-E. Iv (Ay76 t2- 9-t978 I159 23- 9-1918
t8. F. 14025/l/78-8. IV (A) l0-1978
4- 1255 2l - 10-197E
19. P l3024ill7cE. IV (A) 29- 8-19',19 ll50 15- 9-1979
 Notification No- Date GSR No Date

20. P. |022nt77-E. w (A), 2t-tt-1979 1422 t-t2-1919

21. P 14018/l/80-LU 2l- l l -1980 1260 l3- 12-1980
22. F. t6 (9)-E. rv (A)176 3r-12-1980 263 24- l l-1981
23. P I l0l2/2/80-Est. (L) 24- 8-1981 8l I 5- 9-1981
24. P 14028/9/80-Est. (L) l. t 0- l98l 927 l7-10- 1981
25. P. 14025/9/80-Est. (L) t6- 4-1982 423 8- 5-1982
26. P. 1302312181-Est. (L) l6- 4-1983 430 4- 6-1983
27. P. 1402818182-Est. (L) 21- 7-t983 589 l3- 8-1983
28. P 13023/2/81-Est. (L) l2- 10-1983 804 5-l l-1983
29. P 14028/6/81-Est. (L) l7-10-1983 350 24- 3-1983
30. P 13015/l l/82-Est. (L) 25. 5-1984 566 9- 6-19E4
31. I90l l/3/80-Est. (L) t2- 1-1984 788 28. 7-1984
32. P 14028/U8l-Est (L) t9- 7-t984 817 4. 8-1984
33. P 14028/16l82-Est. (L) 3l- 5-1985 558 15- 6-r985
34. 13014/l/85-Est. (L) 3- 12- 1985 39 l4-12- r 985
35. 14028/19/86-Est. (L) 9-t2.1986 1072 l4-12- 1985
3 6. 13023 120 184 -Est. (L\ I l-12-1986 I 102 27-t2-t986
37. 13014/U87-Est. (L) t't - 6-t98'1 515 4- 1-1987
38. I l0l2/U85-Est. (L) 23- 6-t987 516 4- 7-t987
39. 14028/18/86-Est. (L) 23- 3-1988 260 9- 4- t988
40. I l0l2ll/85-Est. (L) 6- 6-1988 476 l8- 6-1988
41. 13012/12l86-Est. (L) t0- 3-1989 198 2s- 3-1989
42. l3O26Dl90-Est. (L) 22-10-1990 55 26- t-t991
43. I l0l4/3/89-Est. (L) 2- 5-199t 303 l8- 5-1991
44. I l0l4/3/89-Est. (L) 2t- t-t992 49 8- 2-1992
45. 1302612190-Est. (L) 4- 3-1992 ll9 t4.3-1992
46. 13026/2/90-Est. (Iaave) 20. 4-1993 225 8- 5-1993
47. l30l8l7 194-Estt. (L\ 3r- 3.1995 3r7 (E) 3l- 3-!995
48. 14028/10/91-Estt. (L) 8- 8- 1995 385 l9- 8-t 995
49. t 4028t4t91-Estt. (L) l8- 9-1995 442 7- l0-t 995
50. 1401512197 -Estt. (L) 31.12-1997 127 (E) 3t-12-t997
51. 13026/l /99-Estt. (L) t8-4-2002 149 27 -4-2002
52. 13026l l 12002-Estt. (L'1 t5n6-1-2004 186 5-6-2004
53. 14028/l/2004-Estt. (L) 13-2-2006 47 4-3-2006
54. 13018/4/2004-Estt. (L) 3l-3-2006 9l 27 -4-2006
55. 13023/3/98-Estt. (L), Vol. X 26-10-2001 229 3-t t-2007
56. I l0l2ll/2009.Esx. (L) I -t2-2009 110 5-12-2009
57. 13026ll l2ol0.Estt. (L) t2-5.20tt 160 l2-5-20tt
58. 13026/5/201o-Estt. (L) 5-8-201I 601 (E) 5-8-20r l
59. 14028/U20 to-Esu. (L) 26-8-20t t 646 (E) 26-8-201t
60. t3018/4/201I-Estr. (L) 21-8-20t I 648 (E) 27-8-20tt
61. 13026/3/201 l -Esu. (L) 28.3.2012 255 (E) 28-3-20t2
62. | 30261212010-Estt (L) 29-3-2012 261 (E) 29-3.2012
63. 13026/5/201 l -Estt. (L) 4-4-20t2 283 (E) 4-4-20t2
64. I 30261 4 120 t2-Estr. (L) t8-2-20t4 e6 (E) t8-2-20t4
65. 130261 4 120t2-Es[. (L) t7-4-2014 286 (E) t1-4-2014
66. 13018/6/2013-Estt. (L) 9-l0-2014 7l l (E) 9-l0-2014

\vl
 CENTRAL CIVI SERVICES
LEAVE RULES
CHAPTER I
Preliminary
1. Short title and commencement
(l) These rules may be called the Central Civil Services (I_eave)
Rules. 192.
(2) They shall come into force on the lst day ofJune, 1972.

2. Extent of application
provided in these rules, these rules shall apply to
^ Save as otherwise
Government senants appointed to the civil senices anA p6sG in
conneclion with the affairs of the Union, but shall not apply to_i
(a) Railway seryants;
(r) persons in casual or daily-rated or part-time employment;
(c) persons paid from contingencies;
(d) workmen employed in industriat establishments;
(e) persons employed in work{harged establishments;
(fl members of the All India Services;
(g) p€-rsons locally recruited for service in Diplomatic, CoDsular or
other Indian establishments in foreign countries;
1(1,)
p"..g!. employed on contract except when the contract
provides otherwise;
(, persons in respect of whom special provisions have been made
by or under lhe provisions of the Constitution or any other law
for the time being in force;
0) persons governed, for purpmes of leave, by th€ Fundamental
Rules or the Civil Senice Regulations;
(f) persons- serving under a Central Government Deparinent, on
deputation from a State Government or any other source,' for
a limited duration-

. l..For @nns lcale lo officers appointed on contracr basis, please refer

Appendix al drc end-reg-arding
to
of this compilation.
 SWAMY'S LEAVE RULES I RULE 2
2
-
GOYER}IMENT OF INDIA'S DECISIONS
(1) Employees of non-statutory d€partmenta! cant€ens also come
under the purview of various CCS Rules applicabte to other €mployees
of comparable status.- Attention is invited to the instructions contained in
this Depafiment's o.M. No. lzl'l9l-Dir. (c), dated 29-l-1992, on the
above subject vide which the employees sewing in non-statutory registered
departmental canteens/tiffrn roon}s have been declared as Government
employees with effect from 1-10-1991 and have been extended all benefits
as are- available to other Government employees of comparable status from
that dated viz., l-10-1991. Canteen Stafls representatives have now
brought to the ootice of this Departmetrt that various orders of the
Govdrnment/benefits exrended to is employees by tlle Govemment are not
being made applicable/extended to the canteen staff.
2. In this connection, it may be stated that with the declaration of
emolovees serving in non-satutory canteens/tiflin rooms as Governmeat
.*iloy."r with iffect ftom l-10-l9l and change in their status from
"tiolders of Civit Posts" To "full-fledged Government Employees", these
employees have automatically come under the purview- of various CCS Rules
apfti"ifte !o other Govemment employees of comparabte stan$. As -such otd
riries viz., Depanmental Canteen EmPloyees (Recruitrn€nt and Cond-itions of
Service) Rulei, 1980, werc repealed with effect ftom l-10-1991' vide
notificition bearing No. 3/l/93-Dir. (C), dated 15-12-1994. Acmrdinely, it is
reiterated that all orden issued by tle Govemment in respect of GovcmmeDt
employees from time to time will automatically be applicable to the staff
engaged in non-statutory departmental canteens/tiffrn roorns.
3. Besides, specihc orders/clarifications with regard to their age- of
retirement, confirmation, removal from probation, erc., p€fftionary benefits,
CGEGIS and compassionate appointment, etc., have b'.en issued vide
foltowing Office Memoranda:-
(i) 3/l/95-Dir. (C), dated 5-6-1995:
(ii) 3-2-95-Dir. (C), dated 22-8-1995;
(iii) l2l3l92-Dir. (C), dated 16-ll-1992, 16-12-1993 and 10-5-1996;
(iv) l2l2l92-Dir. (C), dated 28-5-199; and
(v) 312196-Dir. (C), dated 124-1996.
4. All the Ministries/Depanments are requested to bring the above
instructions to the notice of all Attached/Subordinate Offices under them.
I G.I., Dept. of Per. & Trg., O.M. No. 32l95-Dr. (C), dalcd lhe 26& Febnrery' 1997. ]
(2) Applicability to Honorary Workers'- Ordinaily, the CCS
(frarie) nutes, 1972, would be applicable to the honorary workers
aDpointed on a token salary of rup€e one per month, but in case where
tlii application of these rules to such an honorary worker -presents
Dracti;al difficulties, the question of exempting such a worker from the
ipplicabiliry of the travi Rules, 1972, may be considered by the
RULE 2 ] PRELIMINARY 3

Administrative Ministry/Department in consultation with the Department of

Personnel and Administrative Reforms and the Ministry of Finance at the
time of prescribing the terms and conditions of ernployment of the honorary
worker. Each such case has to be examined on an individuat merit and a
decision mken in respect of each case whether the kave Rules, 1972.
should apply to the honorary worker or not.
I G.I., M.F., U.O. No. 1283-E. IV (A)-Branch,i73, dared lhe loh Augusr, 1q73. ]
(3) EL at 2| days per month to ad hoc employes.- 1. Reference is
inviled to Department of PersoDnel and Training, O.M. No. 13018/1/85-Btt. (L),
dated the 16th September, 1985 (not pinted), ot the above subject
wher€in it was clarified that ad hoc employees who do not hold any
regular post under Government are not governed by the Cenrat Civil
Services ([,eave) Rules, 1972.
2. Several instructions have been issued in the past entphasizing that
ad hoc appoifimelots to any grade should be kept down to the minimum and
should be made only under unavoidable circumstances. In this connection,
specific attention is drawn to Memo. No. 39021/5/83-Estt. (B), dated
9-7 -1985 -The need for making appointments ol ad hoc basis can arise due
to several re?f,ors. Ad hoc appoinlments are made for brief periods to meet
urgent requirements. Sometimes the appohtments made to the post haye to
be treated for technical rcasons as ad hoc even though the recruitment was
in accordance with the prescribed procedure, e.g., regular appoi ments
cannot be made due to a court injunction.
3. The question of allowing some leave to ad hoc empioyees has
been under consideration of this Ministry. Some ad ioc employees are
not regular employees; they are not entitled to any leave under the CCS
(lrave) Rules, 1972. As the services of ad hoc employees can be
terminated at any time, they cannot also be made entitled for all kinds of
leave which can be availed of by regular employees.
4. Taking all factors into account, the President is now pleased to
decide that employees whose appointment is treated as ad hoc for purely
technical reasons may be extended the benefit admissible to temporary
employees under fte CCS (kave) Rules, 1972. In all other cases of ad hoc
appointments, which are for brief periods, the ad hoc employees may be
allowed earned leave at the rate of 2j days per month of completed service.
While granting the leave, the leave should be for full days and not half a
day. They will also not be entitled to the benefit of encashment of earned
leave on termiflation of their service.
5. h accordance with the instructions contained in O.M. No. 39021/
5/83-Es(. (B), dated 9-7-1985, ad hoc employmer\ is not likely to continue
beyond a period of one year. lf ad hoc appontments made for brief periods
initially however, for some reasons, though rarely, continue beyond a period
of three years without break, sutb ad hoc employees may be extendid the
benefit of all kinds of leave as admissible to temporary employees under the
CCS (I-eave) Rules, 1972, from the date of their irftial emplotment.
4 SWAMY'S LEAVE RULES I RULE 3
-
6 These orders issue in consultation with the Ministry ofFinance.
7. They will come into force from lst July, 1986. Past cases decided
otherwise need not to be reopened.
I G.1., Dept. of Per. & Trg., O.M. No. l30l &U82-Estt (L). dated &e 24th July, 19E6. ]
(4) Ad hoc employees in Vacation Department.- See GID (7) below
Rule 28.

3. Definitions
(1) In these rules, unless the context otherwise rtquires-
(a) ''Ailministrator'' m€ans an Administrator of a Union
T€rritory;
(b) "Audi, Officer" mearc the Accounts and Audit Officer'
whatever his oflicial designation, in whose circle th€ oflice
ofthe Government servant is situated;
(c) "Authorir! competent to grant leave" means the authority
specified in Column (3) of the First Schedule to these rules'
competent to grant tte kind of leaY€ specilied b the
corresponding entries in Column (2) of the said Schedule;
(A "Completcd yean oJ senice" or "one year's continuous
servrrg" means continuous service of specified duration under
the Central Government and imludes the period spent on duty
us well as on leave including extraordinary leave;
(e) "Date oI relirenent" or "dale oJ his retirement" in relation
to a Governm€nt servant' means the afternoon of the last
day of the month in which the GoY€rnment s€rYant atlains
the age prescribed for retirement under the terms and
conditions governing his services.
$) "Department of the Centml Governmezr" means a Ministry
or a Department of the Central Government as notified
from time to time and includes the Plannhg Commission'
the Department of Parliamentary Affairs, the President's
Secretariat, the Yice-President's Secretariat, the Cabinel
S€cr€tariat and the Prime Minister's Secrctarioti
(g) "Foreign service" means service in which a Government
servant receiy€s his pay with the sanction of Government
from any source other than the Consolidated Fund of India
or tlre ConsolHated Fund of any State or the Consolidatcd
F\nd of a Union Territory ;
(h) "Form" means a Form appended to the Second Schedule to
these rules;
(i) "Government senain quasi-perrnanen! empb!" melns-
(A) an officer who, having been declared by the Union
Pubfic Servlct Commlssion to b€ cliSibl€ for appoint-
ment to the Ministerial Services of thc Government
 RULE 4 ] PRELIMINARY 5

of India, has been appoilaed to a temporary or

olficiatfurg vac-ancy on thi
understanding giien to him
in writing before he look up the appdin-tment, that
the vacancy is expected to bicome idrmanent 6ut is
not conlirmed - after completion bf three years,
continuous seryice;
(B) an officer who may be declared as quasi_permanent
under the Central Civil Servic& (ternporary
Services) Rutes, 1965.
(j) t(Govemment semdnt
in permar.ent em\lov,, me2l\s
oflicer who holds substantively or provisionallv substanti-
"n
vely a permanent post or who holds a lien on a Dermanent
post or who would have held a lien on permanent oost had
the lien not been suspended;
(k) .'Head of Missbn,, meam Ambassador, Charge d. Affaires,
Minister, Consul-General, High Commissil-oner or any
other authority declared as sqch -by the Central Governmeni,
in the country in which-the Goveinment seryant ,nd".go",
s course of study or training;
(0 *MiUfirf Officef, muts an oflicer of th€ Armed Forces
who is-
(r) a Commissioned Officer of the Army, the Navy or the
Air Forc€, or
(i, (a) ? Junior Commissioned Oflicer (inctuding an
hongrary commissioned officer), or an ,6ther
rank' of the Army, or
(D) a Branch List Offfcer or rating ofthe Navy, or
(c) an airman including a Master Warrant Olficer of
the Air Force;
(m) '.Vacalion Department,, m€ans a department or part of a
depar&nent, to which regular vacations are'allowed,
during which Government lervants serving in the depart-
ment are permitted to be absent from duty,-
-(2) !o$s
- the and expressions used herein and not defined but defined
in Fundamental Rules and Supplementary Rules shali iave ttre
leanjngs r€spectively assigned to th-em in the Fundamental Rules and
Supplementaq/ Rules.

4. Government seryants on temporary transfer or on

foreigrr service
(l)
Government servants to whom these rules apply shall continue
10 be govemed by rutes while on temporary ro:n[i"" io ii"lnOiu,
^these
Karrways or to a State covernment or while on foreign service within
India.
 SWAMY'S LEAVE RULES I RULE 5
6
-
(2) ln the case of Government s€rvants on foreign- servic€ outside
India (inctuding service rf,ith UN agencies within or,outside India) or on
t"-poiu.V trtn-sfer to the Armed Forces of the Union' these rules shall
uppiy ottty to the extent Provided in the t€rms and conditions of foreign
oite-porary transfer, as the case may be.
"irvice
5. Transfer from services or posts governed by other leave
rules
Unless it be olherwise provided in th€se rul€s, a permanent
Goyernment servant to whom thes€ rules do not apply-
(a) \vhen transferred temporarily lo a service or post-to which th€se
rules apply, shall remlin subiect to the le-aYe rules which were
appticable-to him before such transfer; and
Provided that where a Militsry Oflicer not in permanent ciYil
employ has elected to draw civil rates of pay, his leave shall be regulated
as per the provisions under these rules:
Provided further that in the event of his releasey'discharge from the
Armed Forces, he shall carry forward the annual leave due to him with
€ffect from the date of such release/discharge.
a perman€nt Post to which
' ' when sppointed substantively to
(6)
nilis appty, shall become subject to these rules -from the
these
tlate of such a'pi6intm€nt, in which case the leave-at his credit
under the rules- previously applicable to him shall be carried
forwarrl subject to the maximum limits of accumulation as laid
down in Ruie 26. The teave so carri€d forr ard sha[ frrst be
exhausted before the leave earned under these rules is avail€d
of. The leave salary in respect of the leave carried forward shall
be borne by the l[-D€pa ment or the GoYernment from which
the GoYernment serYa[t proceeds on leave ] :
Provided that in the case of Military Officer, half pay leave equal to
th€ number of days of furlough shall also be carried forward in addition
to the earn€d leave equal to ihe number of days of annual- leav€ -on the
date he is so appoint&, it would be p€rmissible to grant him under the
leave rules of the Armed Forces.
26.Transfer to industrial establishment
tf a Government servant governed by th€s€ rul€s is aPPointed in an
industrial establishment wheriin his leave terms are governed by the
l. Sub6l.ituted vidd C.t, Dcpl of Per. & TrP. No' 14028J'v9l'Esn (L)' dalrd
-l'loNotification
zl42 in the Caz€tte of India darcd the 7th
rrr. isth" s.;,-rnb.i,lr6. iuuiisiiea as Cs.n.
October, 1995.
2. substirurcd vid"G.l. Dept. ofPer. & Tr8.. NotificatioD No F No' I l0lzl/20('-Ess (L)
a^,ea ,ii"iii-o""i.Li
-i"k;s i0O9'published as 6sn tro in the Gaze$e of ludia' datd the sth
il;.i;. ;bos. ereri [o. l'l-2006 vile o M', &red 16-ll-2009 - se' GID 5 (B)
b€low Rule 39-D
RULE 6] PRELIMINARY 1

Factories Act, 194E (63 of 1948), the authority competent to grant l€ave
shall, sao llrora, issue an order grsnting cash equivalent of leave salary in
resp€ct of earnd leaye and half pay leave at his credit subject to a
maximum of 300 days and the cash so granted shsll be a sum equal to the
leave salary as admissible for earned leaye and leave salary as admissible
for half pay leaye plas dearness allowance admi.ssible on that leave salsry at
the rate in force on the date the Government s€rvant c€ases to b€ governed
by the provisions of the said rules:-
Proyided that in the event of his return to a post or service to which
the Central Civil Services (Leaye) Rules, 1972 apply' the benefit of cash
equivalent of leaye salsry payable under Rule 39 shall b€ modified as
under
-
(ct) On superannucrroz,- encashment of leav€ shall b€ subject to
th€ condition that the number of days of both earned leave and
half pay leave for which encashment has alr€ady been allowed
under this rule and the number of days of earned leave and half
pay leave lo be encash€d on superannuation does not exceed 3(X)
days;
(b) On premature retirement.- cash equivalent of unutilized earned
teave and half pay leave should be subi€ct to the condition that
the number ofdays ofearned leave and half pay lesve for which
encashment had already been allowed under this rule and the
number of days of earned leave and balf pay leave to be encashed
on premature r€tirement shall not exceed 300 days.
 CHAPTER II
General Conditions
7. Right to leave
(l) Leave cannot be claimed as of right.
- - -(2)
WIen the exigencies of public service so require, l€ave of any
ldnd qay be refused or revoked by the authority competent to grant ii,
but it shall not be open to lhat authority to alter the kind of leave due and
applied for except at the written request ofthe Government seryant.
GOVERNMENT OF INDIA'S DECISIONS
(1) Government servants to be encouraged to take leave r€gutarly.- The
Government have had under consideration the recommendation made bv the
Second Pay Commission that the Heads of Deparfirents, Offices, etc., should
plan their work in such a way as to permit Govemment servants to take a
certain amount of leave annually and a longer period after some years or
according to any special necessity,
Leave camot be claimed as of right. When the exigencies of the public
service so require, discretion to refuse or revoke leaye of any description is
reserved to the authoriry empowered to grant it. These provisions have been
made in the rules because it is not always possible to let all who want leave at
a particular time to have it at that time and there is a limit beyond which
depletion of staff cannot be permitted without dislocating the working of an
establishment. These provisions are not intended to be -used as in eifect to
abridge the leave entitlement of the staff. Indeed it is desirable in the interest
of efficiency of the public service that Govemment servants take leave at
suitable intervals and retum to work keen and refreshed.
The leaye sanctioning authority may, therefore, encourage Govemment
servants. to take leave regularly, preferably annually. In cases where all
applicarions for leave cannot, in the interest of public service, be granted at
the same time, th€ leave sanctioning authority should draw u-p phased
progBrnme for the grant of leave to the applicants by tums with due-regard to
the principles enunciated.
I C.1., M.H.A., O.M. No. 6/51/60-Esrs. (A), darcd the 25rh Janusry, t96l and rciterated,
ir./e C.1., Dept. of Per. & Trg., O.M. No. 14028/t/2000-Esn. (L), dated the 22l271h March, 200l.l
(2) Leave should not ordinarily be denied during the last ten years of
service.- l. Rule 7 provides that leave cannol be claimed as of righl. When
the exigencies ofpublic service so require, discretion to refuse or revoke leave
of any description is reserved to the authority empowered to grant it. These
provisions have been made in the rules because it is not atwavs possible to let
all who want leave at a particular time to have it at that time ind there is a
limit beyond which depletion of staffcannot be permitted withoul dislocating
the working of an establishment. These provisions are, however, not intendea
to be used, as in effecr, to abridge the leave entitlement of the Staff. Indeed, it
 RULE 9] CENERAL CONDITIONS 9

is desirable in the interest of efficiency of public service that Governrnent

servants take eamed leave at suitable intervils and return to work keen and
refteshed.
2. The position has been reviewed by the Govemment in the lisht of the
recommendation of the Fourth Pay Commission regarding increase -in ceiling
on eamed leave accumulations from 180 days to 2?O da;s. Whiie acceptin!
the recommendation, the Cabinet have also observed that iamed leave should
not ordinarily be denied to any employee, especially in the last ten years ofhis
career, so that eamed leave accumulations beyond l8O davs normallv do not
take place. The leaye sanctioning authorities are, therjfore, requisted to
ensure that the eamed leave is not ordinarily denied to an employee.^
lG.l., D€pt. of Per. & Trg., O.M. No. 14028n9/86-Esrt. (L€ave), dared the 29rh
Seplember. 1s86. I

8. Regulation of claim to leave

A GovernmeBt servant,s claim to leave is regulated by the rules in
force at the lime the leave is applied for and granted.

9. Effect of dismissal, removal or resignation on leave at

credit
- (1) Except as proyided in Rule 39 and this rule, any claim to leave to
the credit of a Government servant, who is dismissed oi removed or ryho
resigns from Governm€nt service, ceases from the date of such dismissal
or remoyal or resignalioD.
(2) Where a Government servant appties for another post under the
^
Government of India but outside his pirint office or depirtment and if
such application is forwarded through proper channel and the applicant
is required to resign his post befor€ taking up the new orie, such
resignation shall not result in the lapse of the leave to his credit.
(3) A Government s€rvant, wbo is dismissed or removed from
service and is reinstated on appeal or revision, shall be entitled to count
for leave his seryice prior to dismissal or removal, as the case may be.
14J A Government servant, who having retired on compensation or
invalid pension or gratuity is re.employed and allowed to count his past
service for pension, shall be entitlcd to count his former service towirds
leave.
. GOVERNMENT OF INDIA'S DECISION
' Carry-forward of leaye in cases where break due to retrenchment is
g9n{on9d. 1. In supersession of the orders contained in G.L, M.F., O.M.
ryo. L 5 (57)-E. IVl47, dated the 4th Juty, 1947, 18th November, 1954 and the
23rd-February, 1955 (not reproduced), the President is pleased to decide that
the following conc_essions shall be granted to the temporary Government
servants who are discharged due to reduction of establishment from one
Central Govemment office and reappointed in another Central Covemment
office.
IO SWAMY'S LEAVE RULES IRULE IO
-
:a*t,i
2. In all cases in which there is no break or the break, if any, is converted
into joining time with or without pay. rhe past sewice will count_for pension
and iarry-forward of leave will be permissible. The carry-forward of leave in
the case of Government servants rehenched from one Central Govemment
Department and appointed in a Railway Department or vice vers,a may ,be
rezulated under c.i., M.F., o.M. No. F.7 (165), F. rv/59, dated the 28th
Oitober, 1959 (.r'22 erure-ll of AppendLt-l at the end of this Compilation).
In cases where the period of break in service exceeds 30 days, the
question of condoning the break either for purposes of pensioa or for
c-arry-forward of leave will have to be examined under the orders issued on
the iubject from time to time and may be decided by the Administrative
Ministdes in consultation with the Ministr-y of Finance.
I G.1., M.F., O.M. No. F. l2 (19)-E. Iv (8)/63, dated the lTth Septembe, 1963 and lsth
January, I9g. l
AUDIT INSTRUCTION
Continuity of Service benefit for the purpose of leave.- In cases
where resignation is not deemed as resignation in view ofits being covered by
Article 414 (r), CSR, continuity of service benefit should be allowed in the
mafler ofleave also.
I Correclion No.46lo the Manual ofAudit Instructions (nepliat). l
Extrlct from C.S.R.
Article 418 (b). Resignation of an appointment to take up, with proper
permission, another appointment, whether permanent or temporary. service in
which counts in full or in part. is not a resiSnation ofpublic service.
In cases where an interruption in service is inevitable due to the two
appointments being at differenl stations, such interruptions, not excegling the
joining time permiisible under the rules on transfer, shall be covered by grant
bf leave of any kind duc to the Government servant on the date of relief or by
formal condonation under Article 422 to the extent to which the period is not
covered by leaYe due to the Govemment servant.

I0. Commutation of one kind of leave into another

(1) At th€ request of a Government servant, the authority which
granted him leave may commute it retrospectively into leave of a
different kind which was du€ and admissible to him at the time the leave
was granted, but the Government serYant cannot claim such
commutation as a matter of right.
1[Provided that no such request shall be considered unless received
by such authority, or any other authority designated in this behalt within
a period of 30 dCys of the concerned Government servant joining his duty
o; the expiry of the releYant sPell of leave availed of by him. ]
l. lnserted vr'le G.1., Dept. of Per. & Trg , Notificalion No. 14015/2/97-Estt. (L)' daieC lh€
3l st December, 1997.
RULE l GENERAL CONDITIONS ll
(2) The commutation of one kind of leave into another shall be
subject to adjustm€nt of leav€ salary on the basis of leave finally granted
to the Governm€nt seryant, that is to say, any amount paid to him in
excess shall be recovered or any arrears due to him shall be paid.
NoTE.- Extraordinary leav€ granted on medical certificate or othen /ise
may be commuted retrosp€ctively into leave not due subject to the provisions
ofRule 31.
GOVERNMENT OF INDIA'S DECISION
Commutation of leave of one kind into leaye of another kind cannot
be done after the employees cease to be iu service.- Cases haye come to
the notice of this Department where certain Ministries/Departrnents of the
Govemment oflndia have allowed commutation ofleave ofone kind into that
of another kind even when the request for the same was made by the
Govemment servant concemed after finally quitting the service on retirement,
apparently in exercise of the powers vested under Rule 10 of CCS (Leave)
Rules, 1972, which provides that at the request of a Govemment servant the
authority which granted him leave may commute it retospectively into leave
of a different kind which was due and admissible at the time the leave was
granted.
In this connection, attention is invited to the provisions under Rules 9
and 39 (l) (a) ofthe aboye said Rules according to which all leave standing to
the credit of a Government servant lapses as soon as he ceases to be in
service. It is thus clear that the powers yested in the Ministries / Departments
under Rule 10 ibid, cannot be exercised by them after the employee Concemed
has ceased to be in service. Any sanction issued by the Ministries /
Departments concemed commuting one kind ofleave granted to the employee
when he was in service, intc any other kind of leave, after the employee has
ceased to be in Govemment service is inegular and violative ofthe provisions
ofthe Statutory Rules.
It is requested that instructions be issued to all the concerned officers iu
the Ministry / Department to ensure compliance with the provisions of the
Statutory Rules so as to avoid any irregular action in such cases. Desi.rabiliry
of fixing the responsibility for not complying with the Rules may also be
considered by the Heads of the Ministries/Departments in order to avoid
recurrence of such inegularities.
I O.1., M.H.A., D.P. & /\.R., O.M. No. P. 12025/2/81-Estt. (L), dared the 2nd Deccmber,
l98r. l

11. Combination ofdifferent kinds ofleave

Except as otherwise proyided in these rules, any kind of leave under
th€se rules may be granted in combination rvith or in continuation of any
other kind of leav€.
ExPLANlt-toN.- Casual leave 'vhich is not recognized as leaye under
these rules shall not be combinedwith any other kind of leave admissible
under these rules.
l2 SWAMY'S LEAVE RUI,ES I RULE 12
-
GOVERNMENT OF INDIA'S DECISIONS
(1) Special Casual LeaYe.-As a general rule, it is open to the Competent
Authorityio grant casual leave in combination with specialcasual leave, but in
cases whire ii is permissible to gmnt regular leave in combination with special
casual leave, casual leave should not be granted in combination with both special
casual leave and regular leave.
lGl. M.H.A., O.M. No. 46/8/57-Es1s. (A), dated the 22nd Ju,v l967 l
(2) Combining hatf a day's casual l€aYe.-A question has been raised as
to how'half a day's clsual leave availed ofby an officer in the aftemoon is to be
teated, if the oilcer has no further casual leave to his credit but is unable to
resume duty on the next working day due to sickness or other compelling grounds
and has to ivail ofregular leave to cover his absence for that working day.
2. The Dosition is that, since casual leave cannot be combined with regular
llave, an ofllcer r.r ho has only halfa day's casual leave to his credit should satisry
hims;lfthat he would be in a position to ittend office on the next working.day' before
he avails ofhalfa dav's casual leave in the aftemoon. Nevertheless, it is possible,
in some cases, that ari officer who avails ofhalfa day's casual leave in the aftemoon
mav be unable to resume duO on the neYl working da1. because of mexpected illness.
or iome other compelling grounds and is thus constrained to take leave for that dav
3 . After careful consideration ofthe mafter, it has been decided that the officer,
refened to in Paragraph I above, may, as an exception to the general rule. b€ pemitted
to combine halftday's casual leave with regular leave ifhis absence on the next
working day was dui to sickness or other compelling grlunds. Those who have
onlv haTfa dav's casual leave at their credit and who will not attend ofiice on the
neit working iay (having already applied for leave ofthekind due and admissible
to cover the-ir abience for thai woiting day and for subsequent days, if any)
should not be allowed the last half a day's casual leave for the aftemoon
lG.l- MH.A., O.M No. 60/45/65-Es1s. (A), daled the 4th t-ebruary, 1966. 1
ll2. Maximum amount of continuous leave
(l) No Government servant shall be granted leave of any kind for a
continuous period exceeding live years.
(2) Unless the President, in view ofthe exceptional circumstances ofthe
case, otirerwise determineE a GoYernmenl servant who rcmains abs€nt from duty
for a continuous p€riod exc€eding five ye3rs otherthan on foreign sewicg with or
without leave, sh;ll be deemed to have resigned from the Governmelt s€rvice:
Provided that a reasonable opportunity to explain the reasons for such
absence shall be given to that G6vernment s€rvant before provisions of
sub-rule (2) are invoked.
13. Acceptance of service or employment while on leave
(l) AGovernment servant ( other than a Government servant who has
been pe rmitted a limited amount ofpriYate practice orwho has been permitted
l. Substituled vid? C.1.. Depl. of Per. & TIB.. Nolificalion Ng F. No. 13026/2/2010-
Fsrt (L). dated lhe 29th March. 2012. published as CSR 261 lF) rn the Gazette of India,
dated thc 29lh March, 2012
 RULE 13l GENERAL CONDITIONS
t.l
to undertakecasual literarv work orservice as
an examiner or similar €mploy_
m_ent) whil€ on leave. incluiing leave preparatory
to retir€meDt shall not take
up any service or emplovmenr etsewhire. inctuOiig
professional practice as iccountant-
ttreiettirJrp p.i*t"
i*r,"rr ouGili"Ji'r,. ;;ilffi;#;"r]E't'trt or regal "i,
or medical practitionen
(a) the Presidelt, ifthe propos€d services or employment
lies elsewhere
than in India: or
(r) ahe authority.empowered to appoint
him. ifthe proposed service or
employment lies in lndia.
(2) (a) No Government servant while.on leave, other
than leav€ preparatory
to retir€ment shall ordinarity Ue permirteaio iake ,['u[]'otfr".
service oremployment.
(b) Ifgrant ofjuch permission is considered desirable
in anv exceDtional
case, the Government servant may t a"" tis
s".ri""sii"ra.f".."o
temFrrarily from hi! parent offrce to ihe om"e in ,nfri"f,
f," isilrmitt"a
to take up service or employment or may Ue required
to lesien his
appointment before taking upanl other i.*i"" 6i
(c) A Government servant while on leave preparatory "rnpi"vr"it
to retirement shall
not bepermitted to take up private emploir.ri
permitted ro-rake up emptol ment witi a"erUfi.
fi.rn"V, f,"*"r'"., *
or a body ref€rred ro in Ctause (a) ofsuU_rufe
S""i".,Uri"n fing
lZ.l oinufelC
thar evenr also leave satarv nayabli for tea". p*pi-rli".v inO in
shall be the same as admiisible under Rrt'" -'-', *""'''
i" ij*r*r
i6.
(3) (a) In case a Government servant who
has proceeded on leave DrtDaratorv
to relirement is required. before lhe dat"
mentdunngsuch leave in any post underttre centrat
rf;;t;;;;i i;;ffi;;;:
or ouaside lndia and is agreiable to return
covein-miniin
to duty. rhe uneioirej
portion ofrh€ teave fromihe dare of rejoi"irg.h;ii;;.;;;;tii';:"
(b) The leave so- cancelled under Clause (a) shall be allowed
encashed in the manner provided in suU.irf" t" be
to ""
fa nrf'" iS-."
@ Deleted. "f
(d) Deleted.
(4) Deleted.
AUDIT INSTRUCTION
Although the grant of permission,to take up private
leave on med-ical cenificate is technica y employmenl during
covered by the provis ions of FR 69
I cf. Rule I 3 l. such an arraneemenr ;5 s1i311y siila;,"it Jipiii
tions- as ir is not the intention-that rhe leav€
of a medicat cenificate should be arrow"a to
*r,i.rr._ir. "'iiil'r.err"
oiifi.i'"",i..rii*grh
u 6orei,ni#rl".i#ili.".r,i"" ,.f
whose. health.enables him ro eam a
shouid not. therefore, be construed
comper.nc. Uy priuai. erpfffiiri "r
n oS
Permrfting a Govemmenr servant who
avaits hrmseiioiieu;; ;; ;:;iui:"^ nlllcate to undertake regular emplo)Tnent
durrng such leave.
I Para. 7. Chap. X, Sec. I of Manual ofAudit Instructions (Replirr).
]
 CIIAPTER trI
Grant of and Return from Leave
14. Application for leave
Anv aoplication for leaYe or for extension of leave shall be made
in
Form I io itie authority competent to grant leaYe'

15. Leave account

account. shall be
Except as provided in the Note below' a t€ave Audit
-ri"t irr"i in'Form 2 for each Government servant -the-
-bythe^Head of
iifiili'i;irt" i"i" "i'cl"tt"o Government senants and-bv
5iil;#;ilrfr;i'autt orizeo rv rrim in the case of non-Gazetted
Government servants.
Gazetted Government servants-whose. pay and
NoTE.- ln the case of-oisuursea
aror.i""*'. ,."It:*i-ano pr of office' the leave
^t!e--Head
ttt"tt U" maintained by that Head of Offrce'
"*"r"i
16. Verification of title to leave
al\No lerve shall be granted to a Government serYant until
."r"il .;;;;hg iit "a-*i"uititv has been obtained from the authoritv
"
maintaining the leave account'
the balance of
NoTE.- The order sanctioning leave shall indicateservant'
earnJi"areArAf pay leave at the credit of the Govemment
(2) {a} Where there is reason to belieYe that the obtaining of admissi-
'-'*' ;iii;;";;,rill be unduly delayed, the authoritv compelent to
on ihe basis of available inrorma-
;:;:i i;;;-;; calculati.'admissible
ii"",',itt ririiiit ,i leave to the Government ser-
vant and issue provslonal sanclion of leave for a period not
exceeding sixtY daYs'
subject to veri-
tb) The grant of leave under this sub-rule shall-be account and
ticrtion bY the autnority maintaining lhe leave
ffiHlill .ii,.tit"-iti ttt" period 6f leave mav be issued'
where necessarY'
(c) tn the case of Gazetted GoYernm€nt servants' the. Audit
OITi-
'"' aat'm"v, the request o[ lhe authority compelent to grant
", u pro"','onul ieave salary ilip for a period not
leave, issue
exceeding sixty days'
NorE.- In the case of leave preparatory to retireme-nt or where cash
ii Rule 39'.an undenaking
,"r;;;' ;; ri.u'oi i"uu"-,i tttoir giantea rlnder
taken from
Hi;"&;; ;i ,i;'ieave salarv, ii aiv' puio in excess' shall be
the Government servant.
 RI]I-E I7I GRANT OF AND RETURN FROM LEAVE 15

17. l*ave not to be granted in certain circumstances

Leavc-shall not be granted to a Goyernment seryant whom a compe-
.
teql p-unishing authority has d€cided to dismiss, remove
or compulsoiily
r€tire from GoyernmeDt seryice.

GOVERNMENT OF INDIA'S DECISIONS

N: leave during suspension.- l,eave may not be granted
9l
^jovernment
(
servant under suspenston.
to a

I Fundamenul Rute 55. ]

.(.2\ -Leaye
sanctioning authority shall get prior approval before
s.anltio-1i1g leave for ..going abroad',.- as per O.tr,t. No. I l0l3r19+8ft. (A),
dated 18-5-1994 (nQt printe , it has inter alia been clarified that separate
permission may not be necessary where a Govemment servant has
indicated
hr- rntention of leaving headquaners / station along with leave address while
applying for leave. lt has also been clarified tlat in case leave applied for the
purpose of visiting foreign country is sanction€d, it would imply thai permrsston
l^r po.ing abroad is also granted and. therefore. leave sanctioning authority
should keep this aspect in mind while granting the leavqapplied for:

2. The above instructions have been reviewed and it.fras been decideC
that while- granting leave, the sanctioning authoriry shall ake pjor approvat, if
required, for permining the officer to go abroad as pei the existing instrJcrions.

[.G.1., Dept. of Per & TrB., O.M. No. (A), dated the ?rh Ndyember,
----
2000. l
I lOt3/8/2OOO-Eslr.

(3) Competent Authority whose permission is to be taken by rhe kave

sanctioning authority before sanctioning leave to a Government servant
to go abmad.- It is clarified that the competent authority as per the aforesaid
-is
Office Memorsudum, dated the 7th Novimber, 2OO0 to the compercnr
authority in terms of the instructions, if any, issued by the Cadre Authority or
the_administrative Ministries / DepafnrenS themselves. Departrnent ofpersonnel
and Training has not issued any instructions in this regard in respect of rhe
Central Government servants. In the absence of any such instructions, lhe
approval of the leave sanctioning authoriry would imply approval ro the \ isil
abroad also. lt may be ensured lhat the leave applications in such cases invdri-
ably mention the purpose of going abroad.

lG.l , DcpL of Per. & Trg., O.M. No. I tol3rl2o0t-Esn. (A), dared &e Ist SepEmber,
2008. I

18. Deleted.
 t RULE 19
- LEAVE
RULES
16 SWAMY'S

19. Grant of leave on medical certificate to Gazetted and

non-Gazetted Government servants
l[ (1) An spplication for leave on medical certilicate mode by-
(i) & Gazetted Gov€rnment servant shall be accompanied by a
' Medical Certilicate in Form 3 given by a doctor in a cenrat
Govertrmena Heallh Scheme Dispensary if srch a Government
servant
-t, is a Central Government Heslth Scheme beneliciary or
t Co".r"-ent Hospital or by an Authorizcd Medical Atten'
dint if he is not a Ceniral Government Heslth Scheme b€nelici-
rna Uv an Authorized Doctor of the privote hosPihl recog'
"."i
#;d ;&. bentral Government Heat'h Schemeoforhospit'li'
Central
S"-i.* Ol"ai""l Attendance) Rules, 1944, in cas€
in rtsp€ct of-any-particu-
zation or indoor sP€cialized treatment
lar XinA of diseasi like heart dis€ase, cancer, G'c', for thc tr-e8t'
ment of which the concerned hospitrl has been recognized Dy
the Ministry of Health and F8mily Welfare;
Provided that the Gazett€d Government servant vho is a Cen-
iJ Co""*-"rt ffealth Scheme beneliciary, if at the time of ill'
ness, is away from Central Government Health Scheme area or
on- auw outside the Headquarters will produce I{edi-
""**at
lar Cerrilicate oi Fitness Certificate in Form 3 and Form 5' as
it e .aie -ay Ue, given by an Authorized Medical Attendant;
riil a non-Gazetted Government servant, shall be accompanied by a
Medical Certificate in Form 4 given by a Central Government
Health Scheme Dispensary if such a Government servant is a
C"niiut Co"".n-"tti ge.titr Scheme beneliciary or by G-overn-
ment Hospital or by an Authorized Medical Attendant if he is
noi a Ceniraf Goveinment Health Scheme beneficisry; snd by
ur, nutt o"ir"a Ooctor ofthe priYate hospital, recognized under
Central GoYernment Health Scheme or Central services
Gvteaicat nttenat"ce) Rules, 1944, in case of-hospitalization or
indoor speciatized treatment duly aoProved b-y thc C..omPetant
,q.uthoritY in resoect of particular kind of diseasc like heart
air"rt", i*""., for-the treatment of which the concerned
frotpit"f fr* been iecognized by the Ministry of Health and
"tc.,
Family Welfare:
Provided that the non-Gazetted Government servant who is a
b"ot"ul Gor"rnrn"nt Health Scheme beneficiary, if at the time
of illness is away from Central GoYernment Health Scheme rlrea
or proceeds ori rluty outside the H€adquarters will produce
rlleiicat Certificate or Fitness Certificatc in Form 4 or Form 5,
* tft" *"" may be, giY€n by an Authorized Medical Attendant
l. Sub6tituled ,r''dc C.1., Depl. of Per. & Trg' Notification No. | 3026/ I /2002-Estt. (L),
datcd dte 15/16$ January' 2m4, published as CSR 186 in the Gazetle of lodia, dat€d drc 5& June,
2004.
 RULE 19l GRANT OF AND RETURN FROM LEAVE t7

or by Registered Medical Practitioner if there is no Authorircd

Medical Attendant availabl€ within s radius of eight kilometres
from his residence or place of temporary stay outside his Head.
quarters and also in the circumstances wher he Iinds it difEcult
to obtain Medical Certificate or Fitsress Certilicate from a
Doctor in r Central Government Heslth Scheme Dlsp€nsary or
an Authorized Medlcd Attendant;
defming clearly tlrc natur€ and pmbable duration of illness l
NoTE.- In the case of non-Gazetted Govemment servant, a certificate
given by a registered Ayurvedic, Unani or Homoeopathic medical practitioner
or by a registered Dentist in the case of dental ailments or by an honorary
Medical Officer may also be accepted, Fovided such cenificate is accepted
for the same purpose in respect of its own employees by the Govemment of
the State in which the Central Govemment s€rvant falls ilt or to which he
proceeds for treatment.
(2) A Medical OIIicer shall not r€commend the grant of leave
in any case in which there appears to be no reasonable prospect that the
Goyernment servant concerned ryill ever be llt to rcsume his duties and in
such casq the opinlon that the Government seryant is permanen0y unfit
for Government service shall be recorded in the medical certificate.
(3) The authori8 competent to grant leaye may, at its discretion,
secure a second medical opinion by requ€sting a Government Medical
Oflicer not below the rank of a Civit Surgeon or Staff Surgeon, to have
the applicant medically examined on the earliest possible date.
(4) It shall be the duty of the Government Medical Officer referred
to in sub-rule (3) to express an opinion both as r€ards the facts of the
illness and as regards the necessity for the amount of leave recommended
and for that purpose may either require the applicant to app€ar before
himself or before a Medical Ofricer nominated by himself.
(5) The grant of medical certificate under this rule does not in itself
confer upon the Goyernment seryant conc€rned 8ny right to leaye; the
medical ceftificate shall be forwarded to the authority competent to grant
leave and orders of that authority awaited.
(6) The authority competent to grant leay€ may, m lts discretion,
waivelhe production of a medical certiffcste in cas€ of an application for
leave for a period not exce€ding three days at a time. Such lesve shall not,
however, be treated as leave on medical certilicate and shall be debited
against leave other ahan leaye on medical grounds.

GOVERI\MENT OF INDIA'S DECISIONS

(1) Certilicates issued by Rallway Medicol Authorities.- It has
been decided that for the purpose of the grant of leave to the staff of
) Railway Audit Offices, the certificates of illniss and fitness issued by the

LR_2
t8 SWAMY'S I-EAVE RT]LES I RUr-E l9

Railwav Medical Authorities on the forms prescribed by the Ministry of

Railwayi. may be accepled from the staffofallsuch oflices'
I G 1.. M.F.. t.cuer No. [ 5 (l)-ECl (l]y'63. dalcc the 5th April, 196l l

{2) Protedure for securinq second medical opinion' I Represeitalions

lur.tlen i..eir.a fiom the 56trAssociations thit lhe Divisional Aulhorities
ii. aiie"ting omclals to appear before the Civil Surgeon concemed This action
nn tt. to the provisions
oan o-ftn. t.ave sanctioning authorities does not con form
oiRulis l9 tJt and l9 (4) ofthe CCS (Leave) Rules, 1972. which contemplate-
(D the teave sanctioning authority ma1 secure second medical opinion^
br reouesting a Gov-ernment Mediial Olllcer not beiow the rank of
t'iuit 'Srtg.Jn or Staff Surgeon to have the applicant medically
examined on the earliest possible date. and
r ll) the Government Medical Officer will thereupon express an opinion
borh as regards the facls ol lhe illness and as regards the necessity
for the am-ount of leave reconrmended and for that purpose he may
either require the applicantro appear before himselforbefore a Medical
Oflicer nominated bY himself.
2. In other words, the leave sanctioning aurhoriq in case ofdoubt, may
*rite. und"i inti.ution to the official concemed. for second medical oPinion to
C.ri-.."r Medical Officer not below the rank of a Civil Surgeon or Staff
s*n.on to have the applicant medically examined The Medical Oflicer will
Jirf?iir'. orn.i"r concirned either to ippear before him or before a Medical
OJhcer, nominated by him, at aparticular date. time and place'
3. lt is requested that the concemed leaYe sanctioning authorities may be
suitably instructed to follow the procedure stipulated above'
lD.G. P & T. Letler No. 34l3/75-sPB Il. dated the 6th Novembcr'
1975' l

(3) Certificates from AllMS, New Delhi' PrClM, Chandigarhand JTPME&

ponaiciierrv. can be accepted.- This Depanrnenl have been receiving a number
oi r.f.*n.,it from various Ministries' Depanments that medical certificales
ir.u"O fio. ef lfr4S, New Delhi, PCIM, Chairdigarh and JIPMER' Pondicherry'
,i, U. accepled for the purpose of grant of commuted leave to Gazened
"lro
Co'u.rnrant servants. This has been under consideration for sometime and it
tras now been aecided in consultation with the Ministries ofFinance and Health
that medical certificates issued by the above-mentioned institutions may also
6" fo.rtt" purpose ofgrant ofcommuted leave to Gazetted Govemment
""""pr"a
servants / non-Cazetted Govemment sewants.
(L)' dated $e lSlh Julv 1985'I
lGl..Min of Per.&Trg.OM.No. 13015/35/84-Estt.

(4) Commuted tcaveto a GoYernmenl servant who h's opt€d out ofCGHS
facititi'ei ana is availing the medicat facility provided.by the employer of
irirT ft". ipor""'- This Department has been receiving references from
uuiiori Vfinitt.i"t I Depanments seeking clarification regarding ad-missibility
oi'Cornlnrt"A I-"ure on the basis of medical certificates issued by Hospitals /
 RULE 20] CRANT OF AND RETTJRN FROM LEAVE 19

Medical Practitioners approved b1 the employer ofthe spouse in cases where

the concerned employee has been allowed to avail such facilities fiom the
employer ofthespouse. The matter has been considered in the light ofc larification
given by the Minisfry of Health and Family Welfare. It is clari"fied that leave on
medical grounds may be allowed on the basis ofcertificates issued bv Hoioitals I
Medical Practitioners approved by the employer of the spouse in such iases.

^ .tCl-.-Pep-t DfPer & Trg, O.M. No. llol5/l/2o -Es(. (Leay.). dated the tgth
October. 201 I I

20. Leave to a Government servant who is unlikely to be fit

to return to dut5r
(t) (a) When a MedicalAuthority has reportcd thet ther€ is llo rcasonsble
prospect that the Gov€rrm€nt s€rvrlt wifl ever be lit to r€turr to
duty, leave shall not necssarily be refrsed to sudt Goy€nrment servrnt

(b) The leavema_y granted, if due, by the ruthority cwp€tunt to grant

.be
leave on the following conditions:-

(, ifthe MedicrlAuthority is unlble to sry with certrirty that

the Government servant will neverrgiin be fit for serrice,
leave not exce€ding twelve months in ell may besranted and
such lerve shall not be extcnded without furiher-rcfertnce to
a MedhalAuthority;
(ir) if a Goveroment servant is dechrcd bya Medicsl Authority to
be complelely and permanently incapacitaled for furt'her
service, leayeor an extension ofleave may be granted to him
aft€r-the-report ofthe Medical Authority has been received,
provided the amount ofleave rs debited to the leave account
togetherwith any period ofduty beyond the dat€ofthe report
ofthe Medical Authority do€s not exce€d six monahs.

(2) A Government seryant who is declared by a Medical Authoritv to be

completely and permanently incapacitated for fuither service shalt_
r[ (a) if he is on duty, not be invalidated from seryice during his service
period;

(b) if he is already on leave, not be invalidated from service on the

expiry ofthat leave orextension ofleave, ifany, granted to him under
suFrule ( I ): ]

l. Subsliluled yide cl,

Depr.. of per. & Trg., Notificahon No. 8026/ l/2002-[stt.
(L-r. d"tcd
5lh
rhe-t5/l6th Januar}.200j. published as C"SR rio i,ii" cr n tr,"
June- 2004 "ijraiulilt"a
 RULE 2l
20
- LEAVE RULES
SWAMY'S I

21. Commencement and termination of leave

Excepl as proYided in Rute 22,leave ordinarily begirs on thedayon which
the transfer oftharge is effected and ends on the day preceding that on which
the charge is resumed'

GOVERNMENT OF INDIA'S DECISION

Transfer to foreign service.- Ifa Govemment servant is transferred to
foreign service while on'leave, he ceases, from the date ofsuch transfer, to b€ on
leave and to draw leave salary.
I Fundamental Rule I12. ]

22. Combination of holidays with Ieave

(l) (r) When th€ day, imm€diately pr€ctdingthe d{yon which a Covernment
servant's lerve (other than leave on medical certilicate) begins or
immediately followingtheday on which his leaY€ expires, is a holiday
oroneofseries ofholidays,the Government servant shall be d€emed
lo have been P€rmitted (except in cases where for administrative
reaso[s permission for prefixing / suffixing holidays io l€ave
specificaliy withheld) to leave hisstation at the close ofthe day befor€,
or return io it on the day folloring such holiday orseries ofholidayg
prcvi(Hthat-
(a) his transfer or assumption of charge does not involve the
handing or taking over ofsecurities or moneys other than a
Permanent advance;
(D) his esrly departure does not entail a correspondingly early
transfer from snother station ofa Governmenl servant to
perform hb duties; and
(c) the delay in his return does not involve a corresponding delay
in thetratrsfer to another station ofthe Gov€rnmenl servant
who was performing his duties during his absence or in the
discharge from Govirnment serviceofa Person temporarily
appointed to iL

(ii) ln the csse ofleave on medical certificale-

(a) When a Government servant is certified medically unwell to
attend ollice, holiday(s), ifany, immediately preceding the day
he is so certified shall be allowed automatically to be prelixed
to l€ave and th€ holiday(s) ifany, immedistely succeedinglhe
day he is so certified (including thst day) shall be treated as
partofthe l€ave; and
 RUI,E 2] ] GRANT OF AND RETURN FROM LEAVE 21

(6) When a Government servant is certified medically fit for

joining duty, holiday(s) if any, succeeding th€ dav he
is so
certifi€d (includingthal day) shall automatiia[y be a'llon.e<t to
be suffixed to the leave.a;d holiday(s), ifany, preceding the
day he is so certified shall be treated ai part oitire leave.
(2) On condition that the depsrting Covernment seryant remains
responrblc for thefloneys in this charge. th; He{d ofD€partmenf mar, in any
particular case, waive the application oachuse (a) ofthe proviso to su (li iliufe
(3) Unless the authoritv competent to grant leave in any
_.
oIrecIs-
case otherwis€

(a) if holidays are prefixed lo,leave, the leave and any consequent
r€arrangement ofpay and allowances take effect from the dayifter
the holidays; and

(6) if holidays are suffixed lo leave, th€ leave is treated as having

terminated and anyconsequent rearrangem€nt of pay and allowances
takes effect from the day on which thi leave wouid have ended if
holidays had not bcen suffixed.

NoTE. A compensatory leave granted in lieu of dury performed by a

^-
Uovemment,servanl on Sunday or a holiday for a full day may be heated as a
noloay tor lhe above purpose.

GOVERNMEN? OF INDIA'S DECISIONS

) Period of rest to RMS Sorters. The period ofrest given to the RMS
( I
Soners may be prefixed to leave subject to the following conaliiorr,- .
(a) that the period so prefixed does not exceed one day; and
(b) thar before so_proceeding on leave, the sorters should anend the
record otttce. have their papers checked up and hand over charge of
their duties before availing oIthe period oirest.
t GL. M F. (C s) Endt No. SpB.5t-j,/52. dared rhe 22nil Seplembe( I9j3 l
(2)Treatment ofrestricted holiday.- It is observed that a restricted
holiday
is not exactly covered under SR 2 ( t2 it 6). as it stands ar Ui.r*" on u
fi.rini.
restrrcted ho liday. lhe oflice is not closed for transaction ofbovemment
business
without reserve-or qualification. However. as the resfri"t.J t ofiOuvi ii"
ufln to
olher closed holidays-. it has been decided with the cor.u.r.n.. oirt.-Vinirr.y
ot l inance and the Comptroller and Auditor_General of India. that. restricted
holrda) can be prefixed or suffixed to regular leave or Casual Leave.
IG.1.. M.H.A. O.M No.20/37l60-pub. I. dared rh€ 7lh Ocrober. 1960.]

23. Recall to duty before expiry of leave

(ll Deleted.
 SWAMY'S LEAVE RULES I RULE 24
22 -
(2) Deleted.
(3) In I Governm€nt servrnt is r€crll€d to duty before tht expiry of
case
reca to dtrty shall be treated es comPulsory in ell cases and
frls feXe, sucft
th€ Government servant shall b€ entitled-
(a) if the leave from x:rich he is recalled is in lndi8, to be treated as on
'-' a-r tV fto]n tf," Oete on which he starts for the ststion to which he is
ordered, and to draw-
(r) travelling allowance under rules made in this behalffor th€
iourneyi and
(ir)
'- lerve sslsry, until he joins his Post -at thc same rate at wh ich
hewould hivedrawn it but for r€crll to duty;

(b) ifthe lesYe from which he b recalH is out of lndir, to count the time
spent on the voyage to I ndia rs duty for pu rposcs of calculating leave'
and to receive--
(,
" leavc sabry during the voyagc to t ndb tnd for thc- period fmm
the dateofianding-in lndii to ttre date ofioining his pct, at the
sai e rate at which he wouH have drswn it but for r€call to duty;
(,, a free passage to lndia;
(iii) refund of his Dassaqe from lndia ifhc has not completed half
thc period o'liis leaie by the date of lerving for lndia on recall
or thre€ months, whichever is shorter:
(,!) travellins atlowance, underthe rules for the time bcing in forc!.
tor traveifrom the place oflanding in India to the place ofduty'

For rules governing the drawal of trovelling ollowonce for a iourney on

recallfrom leu":e, see Supplementary Rules 142 and 143'

24. Return from leave

(l) A Government servant orl l€ave shall not retu rn to duty before the
expiry ifttre period ofleave granted to him unless he is permitted to do so by
the authoritywhich grarted him leave.

(2) Notwithstarding anything contained in sub-rule (l )' a Government

servanion leave preparatiry io retirementshall be precluded from returningto
post
duty, save with the consent oithe authority comPetent toappoint him to the
from which he proceeded on leave preparatoryto retiremenL
(3) (a) A Government servant who has taken leave on medical
certificate may not return to duty until he has produced 8
medical certificate offitness iD Form 5'
 RUt r: 2.1 l GRANT OF AND RETURN FROM I-I.]AVE 2l
-(1,) (Not prin,eA
*(c) (Not printeA

@ In the case of a non-Gazelted Goverrment servant, the

authority under which the Government servant is employed
oJrreturn from leave may, in its discretion, accept a ceriificate
sigoed by a Regist€red Medical practitionen
(a) (a) A Governm€ot servant returning from leave is not entitled, in
the absence of specific ord€rs to that eflect, to resume ai a
matterofcourse the post which he held before going on leave.
(h) Such Governmentservan( shall report his return to dut, to
the authority- }} hich granted him leave or to the authoriti.. if
any, specified in th€ order granting him the leave and await
orders.
NoTE.- A Goyemment servant who had been suflering from Tuberculosis
may be allowed to resume duty on the basis of fitnesi certificate which
recommends light work for him.

GOVERNMENT OF INDIA'S DECISIONS

( I ) A uthority competen a to grant fitness
certificate after treatment for
Tub_erculosis.- Rule I4 (6) ofthe Reyised Leave Rufes, 1933 cf., Rule 32 (2)
[
(d) ], provides for the grant of extraordinarv leave up to eiehteen months
to
temporary Govemment servants suffering fiom TB under cirtain conditions.
These rules do not- however. specift the MidicatAuthority ftom whom a fitness
certificate should be produced by an oflicer availing of the above leave
concession before he is permined lo resume dury on th:e expiry oflhe leave.
The posirion has been examined in consultation witn tne Uiniitry of Hei:hh
and it has b:en decided that a lemporary Govemmenr servant suilerins fiom
PulmonaD Tuberculosis. should produce a cenificate of fitness either Ii6m rhe
Medical OCficer-in-charge o[a recognized sanatorium or liom a IB SDecialisl
recognized b1 a State Govemment rvhile such a Golemment servant sullennt
Iiom Tuberculosis of anr orher pan of the body should produce a certificale
hom a qualified TB Specialist or a Civil Surgeon.
l(i.1.. M.lj.. OM No tr 7 (lj7)-hstr IV,,56. darcd rhe lSth l:ebruary. t9J8. l

N(,'t l-. - The TB institutions recognized or to be recogniTed b\ the M inisrr)

of Health for lhe purpose ofrrearmenr ofCenrral Covemm"enl serrinti ina tneir
lamrlres under the orders issued by thal Minislry ( r.i./e Appendiccs ofsrarar
s
( oml'ildtion of lledtcal Attendqnce Rulest will be deemed
as recognized.
I(il. M.F. O.M No.7 (:](r-F:. IV/51. datcd the l6th Seprcmber. t952. as amendrd
J

! AUTHORS NOTE.-,ide Rule 19. Medrcal Ce(rficate from AMA is to

.b' a Cazelted Covenment servanl. Hence rtr.r. t*;;;b_r"l.s i;r;;;#;;;i:i" be
produced
 SWAMY'S LEAVE RULES I RULE 24
24 -
l2l Authoriw competent to order'- ln connection with
issue re-posting
,h" d:-l,j;;;;;i;.;ffto i.uas oro.pait.entito grantof leave to Gazefted
;f#.:; ;;rbtirs arisen whether the orders of re-posting to the same post
;iri;;;il"-"li;;; ;;;"".ia t,eta before t[eongoing leave- where no ofticiating'
of a DePartment himself
;;;il;;-;;;;L;;; made, mav be issuediv Head
;;fril;;;;td"is
'riiiit oiirt" a'utt o'itv competent appoint.him would be
to
.IJi!-"ii. u".i d""id"d in the comptroller and Auditor-
A:;";#ih.'i;;;oraii-uv u" ittu"a bv the Head of the Department himself'
"ontu[tution;itb
whether the o{ficef is permanent or officiating'
IGl.- M.F. o.M. No 7 (26)-Eslt. Iv/55. dated the 27th September' 1956 26th
v,."ti tss8 and lTth September' 1s58. I
D.G, P. & T.'S INSTRUCTIONS
(t) The ADDointinq Authority should reiterate the orders of appointment of
and resumes
.r."'"in.i"i.iii.i"iineln higher irades when he retums fiom leave Govemment
ir-*'i. itr. ir.. i"pu.lty. fiott.'u.r. in the case of non-Cazened
issued' when an oflicial
;;;it:"th;iil;irpp'.ii,,**, orders need not be
;"#;t;iils i; I;,gh;;gri[e ret ms tom teave to resume dutv in the same capacitv'
I Dc.. P & T. Nos SPB-202-|/51. dated the 27th November' l95l and 5l/19162'
sPtr-li dared the lSth Apfll. l96l l

(2) ln clarification ofthe Covemment oftndia's Decision above' it is stated

whether
that tiJ authoriry competent to grant leave to a Covemment servant'
oi oificiatiire is com-petent to issue orders of his re-posting to the
""#^r""i
iii.iJ liiiit"'iiiiiirl if,".rtt.,i.1 ofthe leave' the post was kept unfilled lt
il;ifi;;;;;;;;;;io.a in .rnt,ittution with the Ministry of Finance that in
i'rr" r"J,i iJ"gtaphs Department, Heads of Circles'^erc ' who. are Heads of
freDartme:tts and are authorized to sanction leave lo Group'B
""a ulllcers' as
tIl;iu,i'r,g u.tung...ntt in vacancies of arly nature-up to 4
;;ii;';;t. 'rtai"irtry
,.r,ii
'MH;;"ii;i'",J, oi T,untlo.t and Communications .P-& T Board
r'r". lti,:7sz spa,'STA, dated the 19th March' le60 I are also
;;;il;;; it;";,e-posiing orders in cases u'here otrciating anangements have
been made in the leave vacanctes.
II)G.. P & T.. Mcmorandunl \o l0?11/59-5IA- datcd the 29th Jul-v 1960 I

(3) A doubt has been raiscd whether lleads of Circles who are Heads of
DeDafirnents are colnpetent to post Gazetted Officers' on return
from leave' to a
;"'{*.;i"; ;ih;;inln tte oni from which the olficers proccetled on leare' It
,i."
i."r,"r"ir' . f", n.J itui ln ofthe lact lhat the Heads of Circles hare been
:,;;;;;i;;;;;tf.ithe cazetted ofllcers within their jurisdiction' thev can'
;i.ii; i;;;;;; r;-poitine ota.,t of such Gazetted officers on return from
of tnaiat Decision above and Director-General's
i"""i i"
them to posts staiions other than those from
i;;r*ii;;"".i"ii,.-cLvemfient
N;. irl;uou., pott
which they Proceeded on leave. "
Memorandum No' 107/l/61-STA datcd the 23rd April 1962
issued
t DC. P & T. ';it;h;
*,,t ,tr,I in"rri.n.i, il;;;'i,) ol Financc (c)
No' 241l-Pr'l/62'
1i'/e thcir u'o
dated the l9th April. 1962.l
 RULF] 25] GRANT OF AND RE]URN FROM LEAVE 25

25. Absence after expiry of leave

(l) Unless th€ authority competent to grant leave extends the leave, a
^
Governm€nt servant who r€mains abscnt after the end of leave is entitled to no
Ieave salar-y for the period ofsuch absence and that period shsll be debited
aga inst his leave account as though it were halfpay le{va to the extent such leay€
is duc, the period in excess ofsuch leave due beirig ireated rs extraordinary leave.

(2) Wilful absence from duty aftsr rire expiry ofleave renders a Goyern_
ment s€rvant liable to disciplinary action.

GOVERNMENT OF INDIA'S DECISIONS

_ (l) Treatment of wilful absence from duty not recognized.- Wilfulabsence
from d1ty, even though not covered by grait ofleave'does not entail loss of
Iien. The period of absence not coveied by grant of leave shall have to be
treated as dies run for all purposes. viz.- inciement, leave and oension. Such
absence without leave where it srands.singly and not in con(inuation of any
authorized leave of absence will constitutd in interruption of service for the
purpose of pension and unless the pension sanctionine authority exercises its
powers under Article 421 , Civil Service R.egulations no; Rule 27 of the Central
I
Civil Services (Pension) Rules I to treat thi period is leave without allowance,
the entire past service will stand forfeited.
I C & A.c. U O. No. 1947-,4,/438-58. dal€d the t2th September, t958. in Gt.. M.F..
File No -(52)-E V/5E l

(2)Action for overstayal of leave.-Doubts were raised in cenain ouaners

as to how thecases in which an oflicial overstays the prescribed quantum of
extraordinary ieave, should be dealt with. The matter has been considered in
consultation with the Department of personnel and the Ministry of Finance,
Depanment of Expenditure. It has been clarified that the amendment does not
take aw-ay the power ofthe disciplinary authority to take appropriate disciplinary
action fo^r_any misconducr and-impose one of the penaliiis Jnder CCS '1CCel
Rules. 1965. Action can. therefore. be raken under-these rules for unauthorized
absence lrom duty or overslayal of leave even for one day, treatins ir as
misconducr. if the lacts and circumstances ofthe case warrani such an iction.
lDG. P & T s Lefler No. 6/28/'t0-Disc. I. dated rhe t0th February. 1972 ]

(3)Action for unauthorized absence from duty oroversteyal ofleave._

The following decisions have been taken in consultation with thebepartment of
Personnel and the Ministry of Finance:-
(r) When a temporary Govemment servant asks for ieave in excess of
the limits prescribed under Rule l4 (b) ofthe Revised Leave Rules,
1933 [ now Rule 32 ofthe Central Civil Services (Leave) Rutes, 1972
]
and ifthe circumstances are exceptional, a decision iould be takeri
by the.leave sanctioning authori-ty to grant further leave in excess
ot the ttmtts tn consultation.with the Ministqr of Finaitce. Such cases
should be refered to the Directorate.
26 S\}AMY'S
- LEAVE RULES IRULE 25

(i When a temDoran-ofCovemment servant applies for leave beyond the

Drescribed iimit extraordinary leave and the leave sanctioning
authorit\ is not salisfied with the genuineness of the grounds on
r.rhich further leave has been asked for. nor does it consider the
erounds as exceDtional, the leave cannot be granted ln such a case'
it. Cou.-."nt t"*ant should be asked lo rejoin duty within a speci-
fied date failing which he would render himselfliable for disciplinary
,iiion. oi.ouditl"n.e of orders lo rejoin duq within -the.specified
oeriod would afford Eood and sulficient reasons lor lnltratrng
iiiciolinarv action undir CCS (CCA) Rules. 1965. lf he rejoins duty
br the stioulated date. he mar be uken back to service and the period
otabsenie not covered by leave be treated as overstalal ofleave and
dealt with in accordance with the orders regarding regularization of
oYerstayal of leaYe.

lfthe Government servant does notjoin duty by the stipulated date'

it would be oDen to lhe disciplinary authority to institute disciplinar)
oroceedinsi asainsl him. lf during the course of disciplinary
oroceedine-s heiomes for reioining duty. he should be allowed to do
!o withouiprejudice to the disciplinlry action already initiated against
him (unlesi hd is placed under suspension) and the d-isciplinary action
.onilra.a as quict tl as possible The question of regu larization of
the oeriod ofoverstaval oIleave be leff over for consideration till the
fi na'lization oIthe diiciplinarl proceedings.

(ri) lfa Governrnent servant absents himselfabruptly or applies for leave

which is refused irr the exigencies of service and still he happens to
absent himself from duty, he should be told of the consequences,
viz., that the entire period ofabscnce would be treated as unauthorized
entailins loss ofbav for the period in question under proviso to
Fundamintal Rule i7, therebr reiulting in break in service lf. horvever.
he reoons for dutv before or after initiation oIdisciplinary proceedings'
he m'av be taken'back for dury because he has not been placed under
susoension. The disciplinary iction may be concluded and the period
of ibsence treated as unauthorized resulttng in loss in pay and
allowances for the period ofabsence under proviso lo FR l7
(l)and
thus a break in service. The question whelher the break should be
condoned or not and treated ai dres non should be considered only
after conclusion ofthe disciplinary proceedings and that too after the
Government servant represents in this regard.

2. It is made clear that a Covernment servant who remains absent unautho-

ri..afy *iitroui proper permission should be proceeded against immediately
unJi(it tf,orfO ior'ue iut off till the absence exceeds the limil prescribed in
nrr"li ri iirl CcS (Leave) Rules, l972 However, the DisciplinaryAuthority
;h-;;i;;;;;id.."fU.
the g.rounds adduced bl the Government servant for his
unauthorized absence before initiating disciplinary proceedrngs ll the orscrp-
linary authority is satisfied that the Srounds adduced for unauthonzed absence
 RULE 25 ] CRANT OF AND RETURN FROM LEAVE 27

are justified, the leave of the kind applied for and due and admissible may be
granted to him.
ID.G.P & T.'.s- Letter No 6/28/?0-Disc.l (sP8-t). daled the 5rh oclober 1972. 1

(4) Guidelines for Regulerization of Unaulhorized Absence.- This

Department }as been receiving various references from Ministries / Depart-
merrls regarding regularization of unauthorized absence for long periods.'The
references-are made basically because fi.r Ministries / Departmenti tonot follow
the prescribed procedure for dealing witL sr&i unauftorized absence. Guidelines /
instructions exist for handling such situations.
2. As per Rule 25 ofthe CCS (Leave) Rules 1972,
(l) Unless, the authority competent to grant l€ave extends the leave, a
Government servant who remains ibsenl after the end of leave is
entitled to no leave salary for the period of such absence and that
period shall be debited against his leave account as though it were
halfpay leave, to the extent such leaveis due, the Deriod iriexcess of
such leave due b€ing treated as extraordinary leave.
(2) Wilful absence from duty after the expiry ofleave renders a Govem_
ment servant liable to disciplinary action. Covernment of India
decisions also exists that a Covemment servant who remains absent
witholt ary authority should be proceeded against immediately and
this should not b€ put offtill the absence exieeds the limit priscri_
bed in Rule 32 (2) (a) ofrhe CCS (Leave) Rutes. tq72.

3. It is once again stressed that a Government seryant who remains

absent without any authority should be proceeded against immediately. All
Ministries / Depanments are requested ro insure that in;ll cases ofunauthorized
absence by a Govemment servant, he should be informed of the conseouences
ofsuch absence and be directed to rejoin duty immediately / within a soecified
date, say within thrce days, failing which hi would b€ li;ble for disc'iplinary
action under CCS (CCA) Rules, 1965. lfthe Govemment servant does notjoin
duty by the stipulated date. the Disciplinary Authority should initiate discipliiary
action against him and the disciplinary case should be conducted and concludei
as quickly as possible.

. 4. It is only due ro apathy ofrhe f)isciplinary Authorities that the situation

arises whe-re long pending unauthorized absence leads to delay in other service
matters of Govemment servants, including promotions. To ivoid such silua_
tions. all Ministries / Depanments should advise Disciplinary Authorities ro
ensure that prompt aclion is laken against Covemmeni servints who absent
themselves without permission and that charge-sheeh are issued without delay.

. 5. The consequences and procedure to be followed in respect ofan officer

who- is absent from duty without an) authority has been brought out under
FR l7(l )and I7-A. AsperFR l7-A l tir) without preiudice to the-orovisions of
Rule 27 oflhe Central Civil Services (pension) Rirle;. 1972. remiining
absenr
28 SWAMY'S LEAVE RULES I RULE 25
-
without any authority or deserting the post. shall be- deemed to calse an
ir,".ruotiori oi ut"uk in the service-of the employee. unless otherwise decided
ilrit. tornp"t.nt nuthority for the purpose of leave travel concessio-n' quasi-
##*"r.v'*a for appeaiini in department examinations. lor which
i "tigiuiliry
minimumperiod of continuous service is required.

6. Comotroller and Auditor-General have issued orders that lhe period of

aOr"nie noi c'ori."a by grant ofleave shall have to be treated as dies non for all
oumoiis. ulr., inc.emeni, leave and pension. Such absence without leave where
it-tt'-Os ii"grv not in continuation ofany authorized leave ofabsence will
"na
an- intemrotion of service for the purpose of pension and unless the
"nniiitut.
o.niio, *.tioning duthority exercises is powers underAnicle 421' Civil Service
["""i"t[ri t now-Rule 27'ofthe ccS (Fensionl Rules ]to treat the period as
leaie withoui allowance, the entire past service will stand forfeited'

7. lt mav be noted that regularization of unauthorized absence for pension

numose is tote considered under the CCS lPensionl Rules. Only in cases where
[r" bl.iiotinaru .quthoritv is salisfied that the grounds adduced for unauthorized
iU.*. i. iuitified, the leave of the kind aPplied for and due and admissible
may be granied to him under the CCS (Leave) Rules.
Gl., Dept. of Per & TE., O.M. No. I 3 026/3/2010-Estt. ( Leave). dated the 22nd June
I
20r0. l

(5) Consolidated instructions relating to action warranled against

Goveinment servants remainingaway from duty without authoriza tion / grant
of f""r" nut" position. - The undersigned is directed to say that various
i"f"."n"e.- are being received from Ministries i Departments seeking advice /
iist tacto resulariition of unauthorized absence lt has been observed that
iue i"riousnitt is not being accorded by the administrative authorities to the
various rule provisions, ink; qliaundettheCCS (Leave) Rules. l972 fortaking
immediate and aDpropriate aclion against Covemment servants staying away
rtnm autv withoui irior sanction of leive or overstaying the periods ofsanctioned
leave. It is reiterated that such absence is unauthorized and warrants prompt
it insert uction as Der rules. It has been observed that concemed adminis-
triiiue auit orities do not follow the prescribed procedure for dealing with such
^nJ
unauthorized absence.
2. ln view ofthis. attention ofall Ministies / Departments is invited to the
various orovisions ofthe relevant rules, as indicated in the following paragraphs
for strici adherence in situations ofunauthorized absence ofGovemment servants'
iii. uL* tu"".tr"a that lhese provisions may be brought to the notice of all the
emolovees io-as to hiehlight tie consequences which may visit ifa Government
iiri-i it on an una"utho'rized absence The present OM intends tois provide
r"uau ieference points in respect ofthe relevani provisions Hcnce it advised
that ihe relevant rules, as are-being cited below. are referred to by lhe compelent
;;tir;;iti;. foi appropriate and ju-dicious application The relevant provisions
which may be kept in mind while considering suchcases are lndlcated aslollolYs:-
 RULE 25 ] CRANT OF AND RETURN FROM LEAVE _t9

(4) Proviso to FR l71l r

The said provision stipulates that an olficer \ryho is absent liom

duty without
any n shal ot be to an and during the period
ofs uch absence

(6) FR t7-A
provision inkr-qlia provides that where an individual employee
_._-
remarns-Ih":uid
absent unauthorizedly or desens the post. the period of such absence
s.nalt be.deemed 19 .gys: g interruption or break in service
of rhe employee,
untess olherwtse decided b) the compelent authorit) for the pumose
of leave
und etigibitiq tor appearing in depinmenrat ixaminations, for
l:ly-.1 :91::.sion
wnrcn a mmrmum period ol service is required.

(c) FR 25 ofthe CCS ( Leave) Ru 1972

addres:es rhe siluation where an employee overstays
.^. ^Il;r::9
Deyond tyisionleave
the sancrroned ofrhe kind due and admissible and t[re Competeht
Authority has nol approved such extension. fle conseqren.i, t'trul
noo tio,
sucn retusat ot e\lension of leave include thar:
(0 the Goyemment servant shall not be entitled to any leave salary for
such absence:
(ir) the period shall be debited against his leave account as though it
w^erehalfpay leave to the extent such leave is due, the period in- excess
ofsuch leave due being treated as extraordinary teaJe. ---
(iii) wilfulabse,nce fiom duty after the expiry ofleave renders Govemment
servant liable to disciplinary action.
' a

with respecl lo (ijl) above. it may be stated that all Ministries / Departmenls
are
requested to ensurc thar in all cases of unauthorized absence by a Government
s€rvant, he should be informed of the consequences of such;bs;;and
be
directedto rejoin dury immediately ,within a specified p.rioU, iuv *it[in rf,r..
days. tartrng which he would be Iiable for disciplinary aition unaei
CCS tCCaj
Rules, 1965. It.may be sFessed that a Covemmenr sirvant who rem-aini
absent
without any authority should be proceeded against immediatifv ina itriisnoufa
not be put oft till the absence exceeds the limit prescribed under the various
g1o1isi9n; ofCCS (Leave) Rules. 1972 and the disciplinary case-shoutd be
conoucled and concluded as quickly as possible.

(d) Rule32 (6) ofthe ccs (Leave) Rutes.1972

This provision allows the authority competent to grant leave, to commute

retr.ospectively periods ofabsence without leave into eitraordinu.v
Rule 32 (6) ofCCS (Leave) Rutes. t972. A similar proviiio,
i"-" ,na".
27 (2),ofrhe.
uii,i.*i.i. r"a..
CCS (pension) Rutes. I972. ii,[.y pi.^. O. .rr*.a
Lule
orscreuon alowed under these provisions is exercised judiciously.
tf,"t
keeping in
30 SWAMY'S RULES I RULE 2s
-LEAVE
view the circumstances and merits ofeach individual case. The period ofabsence
.n .unri"rir"d bv rrant of exraordinary leave shall normally not count for the
pr.npo-se of incremeits and for the said purpose. it shall be regulated by provisions
ofFR 26 (D) (r,).
3. All Miniltries / DePartments should initiat€ appropriate action against
delinquent Government servants as per rules.
IG.1., Depl. of Per. & Trg., oM No. 13026/3/2012-Estt.
(Leave), dated the 28th
March. 2013. l

AIJDIT INSTRUCTION

Peri)d ofoverstrYrl oflesvedo€s not count for incr€ment'-A period of

.rr"r.tarai of leave does not count for increments in a time-scale unless under
in tj ibi t nurc 32 (6) I it is commuted into exraordinary leaveand under the
p-risi io fn"r, ZO (6) tlie extraordinary leave is specially allowed to count for
increment.
I Psta. 6 (rri), Chap. IV Sec l of Manual of Audit lnstructions (R€Plin') ]
 CH.\FTER IV

Kinds of Leave due and admissible

26. Earned leave for Government servants serving in
Departments other than Vacation Departments
(1) (a) (r) The leaye account ofevery Goyernment servant (oth€r than
a military oflicer) who is serving in a D€partment other
than a Vacation Department, shall be credit€d with earned
leave, ln advance, in two instalments of 15 days each on the
tirst day ofJanuary and July of eyery cslendar year.
(ii) When a Government seryant joins a new post'without
availing full joining time by reasons that-
(a) he is ordered to join th€ new post at a new place of
posting without aveiling of full joining time to which he
is entitled,
()r
(D) he proceeds alon€ to the new place of posting and joins
the post without availing full joining time and takes his
family later vithin the permissible period of time for
claiming travelling allowanc€ for the family,
the number of days of joining time as admissible under
sub-rule (4) of Rule 5 of th€ Central Civil Seryices (Joining
Time) Rules, 1979, subject to the m&ximum of 15 days
reduced by the number of days actually availed of, shall be
credited to his leave account as €arned leave:
Provided that the earned leaye at his credit together with the
unavailed joining time allowed to be so credited shall not exceed l[ 300
days I 2[ ].
(6) The leave at the cr€dit o[ a Government servant at the close of
the preyious half-year shall be carried forward 30 the trext half-
year, subject to the condition that the leave so carried forward
prlr the credit for the half-year do not exceed the maximum
limit of t[ 3fi) days ] z[ ].
l. Substituted for "24O days" vid" G.1., Dept. of Per. & Trg., Notifrcarion No.
13026/l/99-Estt. (L), dated rhe l8th April,2002, published as CSR 149 in the Gaz€tte of India.
dated rhe 27th April,2002. Takes effect from 1,7 -199'l yide O.M., datedl -10-1997.
2. Omined ,/z G.I Dep r. of Per. & Trg., Notificatior No. F. No. I l0lull2009-Esn. (L),
dated the lst Decemtjer, 2009 published as GSR 170 in the Cazene of Indi4 dared rhe 5th
December, 2009. Takes effccl fiom l -9-2008, vide C ID (4) belo* rhis Rule
32 SWAMY'S LEAVE RULES IRULE 26
-
Pmvided that where the earned leave at th€ credit of Government
s€rvant as on th€ last day ofD€cemter or June is l[ 300 days ] 2[ ] or less
but more than 3[ 2E5 days ], the advance credit of 15 days earned leave on
Iirst day of January or july to be afforded in th€ manner indicated under
suu-ruti (;) of Ct",ise (c) oi sub-rule (1) shsll insread of being credited in
leave account b€ kept separatety and first adjusted against the earned
leave that the Goveinment serYant takes during that half-year and the
balance, if ony' shall be credited to th€ leave account at the close of the
half-year, subject to the condition that balance of such earn€d leave PJ4r
leave afr6ady at credit do not exceed the maximum limit of l[ 300 days ]
21 1.

(c) (r) Where a Government servant not in permanent employ or

quasi-permanent employ is appointed withoul interruption of
&nici substantively io i permanent post or declared as quasi'
permanent' his leave account shall be credited with the earn€d
ieave which would have been admissible, if his previous duty
had been rendered as a Government servant in permanent
employ dimlnished by any earned leave slready taken.

(ii) Not printed.

N0TE,.- Not printed.

(a)
'' A period sPent in foreiSn service shall count as duty for pur'
poses of thii rule, if confibution lowards leave salary is paid on
account of such Period.

ExcEY oN.- N ot p rint ed.

(2) Subject to the provisions of Rules 7 and 39 and sub-rules (1) and
(3) oi'ttre rile, the maiimum €arned lesYe that may be granted at a timc
shall be-
(r) lEO days in the cas€ of any Government servant employed in
India, or
(ii) Not printed.

(3) Earned leave may be granted to a GoYernment senant in Class I

or Ciiss II service or to a Government serYant mentioned in the
l. Subadruted for "240 days" vd€ 6l, DePl. of Per. & Tr8, Notificalion No'
in $t C-azdte of tndia,
l8thApril.2002, publislied as 6SR t49'
13026/1/99-Estt. (L), dated lhe
dated rtrc27th Adril, 2002. Takes efliect from i-?-1997 vde o.M., daled 7-1G1997.
2. Omitted vile C.1., Depr. of Per. & Tr8., Nolification No. F No. I 10121/2009'Esn' (L)'
dared $c lsl Deccmber, 200i, published as CSR l?0 in the Gazene of lndia' daled fie 5th
December, 2009. Takes effect fiom l-9-2008, vr'd€ GID (4) below this Rule.
3. Substiued f6 "225 d6ys' vi& G.1., Ikpl. of Per. & Trt Notification No'
13026/l/9-Esn. (L), daled the l8th April, 2002, Published as CSR l49 in th€ G^azette of India,
daled the 27rh Aini. 2002. Takes effecl from t-?-1997 vtdl O'M. daled 7'10-1997'
RULE 26 l KINDS OF LEAVE DUE AND ADMISSIBLE 3l

Exception to sub.rule (l ), for a period exceeding 180 days brt not exceeding
r[ ] if the entire leave so granted or any portion thereof is
'[ 300 days ]
spent outside lndia, Banglad€sh, Bhutan, Burma, Sri Lanka, Nepal and
Pakistan;

Proyided that where earned leave for a period exceeding lE0 days, is
granted under this sub-rule, the period of such leave spent in India shall
not in the aggregate exceed the aforesaid limits.
GOVERNMENT OF INDIA'S DECISIONS
(l) Eligibility in cases of officials on leave on the last day of a parti-
cular half-year. Aquestion has beenraised as to whether a Govemment seryant
who is on leave on the last day ofa particular half-year may be allowed to avail
himself of the advance credit ofearned leave becoming due to him on the first
ofthe succeeding half-year without havingto retum to duty. lt is hereby clarified,
in consultation with the Compboller and Auditor-General of India, that if a
Govemment servant is on leave on the lastday ofany particular halfofa calendar
year, he shall be entitled to eamed leave credited on the first ofthe succeeding
half-year, provided the authority competent to grant leave has reason to believe
that the Govemment servant will retum to duty on its expiry.
I GI., M.F.. O.M. No. l6(6)-E. Iv (A)/?4, dated the 30thApril I976. ]

(2) Procedure for advance credit when leave at credit exceeds 225
days.- In cases where the eamed leave at credit on I st January / I stjuly is 240
days or less but more than225 days, an advance credit of l5 days will be made
in Column 4 ofthe Leave Account. The resultant total will be shown in Column
7 as 240 + the number ofdays exceeding the ceiling of240 days. Number of
days exceeding the ceiling of 240 days will be shown in brackets. Leave taken
during the currint half-year will first be adjusted against the figure shown in the
brackets in Column 7. Column l l rvill also show the balance as 240 days +
number of days exceeding 240 days, if any, after adjusting the leave taken.
While aniving at the total Eamed Leave of credit in Column 7 at the time of
according credit for next hallyear, the creditin Column 4 will be added to only
that figure in Column 1 I which is outside the brackets.

A specimen of form of Leave Account is enclosed. (See Page 34)

AuTHoRs' NoTE.- From 1-'7 -1997, the limits are 300 days and 285 days
respect ively.

L Subsrituted for "240 days" vlde GL. Depl of Per. & Trg , Notification No. 11026/l/99-
Ap l.2002,publishedasGSR149.rntheGazetteoflndia,datedlhe27th
Estt. (L). dated the l8th
April,2002. Takes effect fiom l-7-1997 ,l/e O.M.. dated 7-10-199?.
2. Omitted vide GL, Dept. of Per. & Trg., Notification No. F. No. 11012/l/2009-Estt. (L),
dated the lst December,2009, published as GSR 170 in the Gazette oflndia, dated the 5th Deccmber.
2009. Takes effecr fiom l-9-2008, vide GID (4) below lhis Rule

LR-3
 S\IAMY'S LEAVE RULES I RUI.E 26

s,tep Jo oN

E lnd oJ

urou

(gt-€t + 9e toJ)
s[?p u! rlperc ls 'I d H IstoJ
( lo3 ur poirad aql Jo ql8l/l)
pacnpap aq ol 'I d H
i:9
j:E I rsel-JlEq snol^ard e(Il Sugnp
: i.!p ,, r/ol, srtP ,, se palsall s^?p Jo oN
3
reo/(-Jleq eql Jo 3uruur8eq
E:9 eqt lB p.lrparr ''I d H
ii !e .rga^ rspuelBc 3 Jo rrar-Jl?q aqt
::i .,1
u! erl^las Jo sqluour paEduoJ
...i
F
z 6 i;
:6
0t_a.toJa^Pel
ruo{ Iun)ar uo -l'a Jo esuelrg
i
=
o
o
o- s,(upJo 'oN
-.1

F:; 8 o> €
a84
J!. d
F oJ s

8 J
ruorc AE
E3
ql
z5
(9- +t'loJ) ^66 +
sr(ep fi lrpor.lu 'I a |slol 3ei3;?i
(g loJ ur poued eqt
tsl Jo rllol/t) par.npap eq ol 'I 3
r?a,{-Jleq .l!pu.l?a
zd
gE rr')
,1 snor^ard arl Suunp Jo pols^B
-.:
2
(9€ IoJ) 'I O gJo si(zp Jo oN ci
z r?e,{-J[eq Jo
F
Surtrur8aq aql t! palrpeD 'I g
€
rea,{ rspualrc to rEaI-IIlrI aql ur
E
u!H err^ras lo sq)uolu palalduoJ
EEE
6:iax 8
of
;i€
!=h!
q
d-ld ..':
;3c)/ .9 9 aE o
.G;E? LUOJC 9QE 8
zaa :
RULE 27I KINDS OF LEAVE DUE AND ADMISSIBLE l5

(3) Provbo to Rule 26 (l) (b) not applicable to unaYailed J.T'- Some
ofthe field offices invited a reference to the provisions contained in GID (2) (6)
above regarding credit ofEamed Leave and sought clarification whether these
provisions would apply to unavailed portion ofjoining time credited to Eamed
Leave. Govemment of lndia, Ministry of Personnel, Public Grievances and
Pensions, Department of Personnel and Training, Establishment (Leave) Section
to whom a reference had been made have clarified that the procedure laid down
in their OM, dated 26-12-1989, cannot be applied to cases relating to crediting
of unavailed portion ofjoining time to Eamed Leave refened to in Rule 26 ( l)
ofCCS (Leave) Rules, | 972, as these orders are intended to remove disadvantages
a sing out ofprocedure ofadvance crediting ofEamed LeaYe to Earned Leave
account as recommended by the Pay Commission.
I C. & A.Q of lndia- New Delhi. Letter No. 414-Audit. I/E9-E6 (75), daled the 2lsl June.
r e90. I

(4) Eerned Lcave encashed along with llTC not to be deducted. *'**
Govemment officers are allowed to encash ten days'eamed leaYe at the
time ofavailing ofLTC to the extent ofsixty days during the entire career The
leave encashed at the time of LTC will not be deducted from the maximum
amount ofeamed leave encashable at the time ofretirement. tt is further clarified
that where both husband and wife are Govemment serYants, the Present
entitlement for ayailing LTC shall remain unchanged, and encashment of leave
equal to l0 days al the time of availing of LTC will continue to be available to
both, subject lo a maximum ofsixty days each during the career.
2. These changes are effective from lst September,2008.
I Gl.. Dep( ofP(r & TrB.. O.M. No. 3l0l I/4200&E$ (A)- da€d 8E 23d Septernbq. 2008 l

27. Calcutation of Earned Leave

Earned leave shall be credited to the leave account ofa GoYernment
( I)
servant at the rate of 2 ] days for each completed calendar monlh of
service which he is likelylo render in a half-year of the calendar year in
which he is appointed.
(2) (a) The credit for the half-year in which a GoYernment servant
is due to r€tire or resigns from the service shall be afforded
only at the rate of 2j days per completed calendar month
up to the date of retirement or resignation.

'[ (r) When a Government servant is remoYed or dismissed from

service, credit of earned leave shall b€ allowed at the rate
of2 ] days per completed calendar month up to the €nd of
the cslendar month precedingthe calendarmollth in ]thich
he is removed or dismissed from servicel
l. Subsrituted vrde Gl., Depl. ofPer & Trg.. Notilication No F. No. 13026/lr0lo-Eslt (L).
dated lhe l2th MaI 2011. published as CSR 160 in the (lazetle of lndia- dated the l2th \4ay.
2011. Takes €ffecl from 7-2-2011 See GID (3) below Rule 27.
36 S\!AMY'S LEAVE RULES I RULE 27
r(c) When a Goy€rnment servant dies while in service, credit
ofearned leave shall be allowed a( the rate of 2 ] days per
complet€d month of service up to the date of death of the
Government servant. ]
(3) lf a Government servant has availed of extraordinary leave and/
or some period of absence has been treated as dies non in a half-yeat the
credit to be afforded to his leave account at the commencement ofthe next
half-vea r shall be reduced by * th of the period of such lea ve a'lld I or dies non
subject to maximum of l5 days.
(4) While affording cr€dit ofearned leave, fractions ofa day shall be
rounded off to the nearest dey.

GOVERNMENT OF INDIA'S DECISIONS

(l) Clarilication regarding sub-rule (3).- It is funher clarified. in
consultation with the C & AG, that where a Government servant ceases to be in
service in the course ofa particular half-year, due to retirement, resignation,
death or any other cause, the amount ofeamed leave which would be credited
to his leave account shall also be reduced by * th of the period ofany leave
other than eamed leaye (now one-tenth ofextraordinary leave only) availed of by
him from the commencement ofthat half-yearto the date he ceases to be in service.
2. Cases already decided otherwise will not be reopened.
l G.1.. M F.. O.M. No. 16 (6)-E IV (A)/74. dated lhe 8rh Ocrober 1976. l

Credit to be afforded on I - l - I 977. should be reduced by j th of rhe period

of extraordinary leave only, ifany, availed ofbetween l-1-1916'I,nd3l-12-1976.
IGl.MF..OM No P ll0l]/2177-l:. lV(A) dalcd lhe t6lh Drccmbcr 1977.hem(, l

(2) Reduction fy S tnof UOIIaresrron to be made out of the credit

to be afforded during the following half-year and to the extent of such
credit only. Will the Ministry of Finance kindly refer to Para. 2 (ii) of their
O.M. No. l6 (l)-E. IV (Ay76, dated 24-12-t976 [Since codified as sub-rule
(3 ) of Rule 27 according ro which rhe credit ofEL afforded under Clause (i) of
I
Para. 2 ibid shall be reduced by fi th ofthe period of extraordinary leave
availed of during the previous half-year subject to a maximum of l5 days.
A doubt has been felt as how to effect reduction on account ofEOL availed
ofduring the previous half-year when the leave to be credited in the following
half-year works out to be 'NIL'and the EL carried forward liom the previous
half-year also happens to be 'NIL'.
A concrets case which has given rise to the above doubt is as follows:
An official was on EOL continuously liom 23-9- 1978. He died on l9- l - 1979.
The leave at the credit of the ollicial on 3l -12-1978 to be canied forward to the
L lnsened yde GL. D€pl. ofPe. & Trg. Norilication No. F. No. 11026/l/201o-Esft. (L).
dated fte l2th May. 201l, published as GSR 160 in the Gazerte of India. dated thc l2th May,
20ll Takes cffect from 7-2-201I See GID (3) bebw Rule 27
-
RUL!] 27l KINDS OF I-EAVE DUE AND ADMISSIBI,T: 37

following half-year was 'NIL . Consequent on the death of the official, the
leave credited on him on l-l-1979 had to be recast. As the oflicial had no
completed months of service during the half-year from l -l -1979 to 30-6-1979,
the leayetobe credited worked oulto'NlL'. Thus the reduction at the rate of
;l th ofth" EOL availed ofduring the previous half-year from 23-9-1978 to
3 l- l2- 1978 (100 days) could not be effected.

It would be seen fiom Para. (2) (rl) of the said OM that the maximum
reduction on account ofextraordinary leave availed of in half-year can be equal
to the credit ofELafforded at the beginning ofthe following half-year subject to
a maximum of l5 days.
It is presumed that since the leaye to be credited to the ofiicial in the
case under consideration for the half-vear I-l-1979 to 30-6-1979
happens to be 'NlL, no reduction needbe effected towards fith of
the period of extraordinary leave availed of during the previous
half-year and the same can be ignored. lt is also presumed liom the
language ofthe orders that the reduction of il th can only be made
out of the credit to be afforded during the following half-year and
that too. to the extent ofsuch credit.
The above presumption may kindly be confirmed and further clarification,
ifany, may also be issued for deciding similar cases.

I U.O. No. PEA-E72/3-2180. dated 22-3-1980, from Postal Accounts Wing, DaI ]ar Board,
New Dclhi. to the Ministry ofFinance (Department ofExpenditure), E. lV (A) seolion. l

Department ofPersonnel and Administrative Reforms Leave Units

Ref: Prepage.
-
The presumption made at portion sidelined "A" of Postal Accounts Wing
note prepage is confirmed.
sd/-
l7-5-1980.
I U.O. No. 397-LO/80, dated 22-5-1980, to Postal Accounls Wing. Dak Tar Board. ]

Copy circulated under Endl. No. PEA-3/2/80/61, dated the 6th June, 1980,
from Director-General (PA Wing), Posts. New Delhi.

(3) Rate ofcslculating entitlement to Earned Leave (EL) and Half Pay
L€ave (HPL).- Entitlement ofa Govemment servant, who dies while in service.
to Eamed Leave under Rule 27 (2) (6) and HalfPay Leave Rule 29 (2) (c) ofthe
CCS (Leave) Rules, 1972 has been under consideration of this Department.

2. At present, Rule 27 (2) (6) says'when a Covernment servant is

removed or dismissed from service or dies while in service. credit is
allowed at the rate of2* days per completed calendar month up to the
end of the calendar month preceding the calendar month in which he is
removed or dismissed from service or dies in service'.
38 swAMY'S
- LEAVE RULES [RULE 28

Similarly, Rule 29 (c) says 'When a Govemment servant is removed or

dismissed from service or dies while in service, credit ofhalfpay leave shall be
allowed at the rale of I days per completed calendar month up to the end ofthe
calendar month precddin! the calendar month in which he is removed or
dismissed from service or dies in service'.
3. These rules adversely affect cases where the death of a serving-
Government servant occurs 6n the last day of the month as the day of
death is treated as his last working day. Clause (6) of sub-rule (2) of
Rule 27 and Clause (c) of sub-rule (2) of Rule 29 of the CCs Leave Rules
is modified as under :-
Rule 2? (2) (b) 'When a Govemment seryant is removed or dismissed
from service, ir6dit is allowed at the rate of 2-] days per completed calendar
month up to the end of the calendar month priceding the calendar month in
which tre is removed or dismissed from service When a Government
servant dies, while in service, credit of Eamed Leave shall be allowed at the
rate of 2+ days per completed month ofservice up to the date ofdeath ofthe
Govemm6nt servant'.
Rule 29 (2) (c)'When aGovemment servant is remoYed or dismissed from
service, credii 6i Half euy Leave shall be allowed at the rate of i days per
completed calendar month up to the end of the calendar month preteding the
calendar month in which he is removed or dismissed from service. When a
Government servant dies while in service, credit of Half Pay Leave shall be
allowed at the rate of { days per completed month of service up to the date of
death ofthe Govemmeht servant'.

4. These orders take effect from the date ofissue.

(Leave), dsted $e 7lh Februaty.20l l. I
I Gl.. Dept. ofPer & Trg., O.M. No. 13026/ | 201o-Estt.

r28. Earned leave for pemons serving in Vacation Departments

(l) (a) A Government servsnt (other than a military officer) serving
in I Vsc8tion Department shall not be entitled to any e8rned leave in respect
of duty performed in sny yerr in which he avails the full vacation;
(b) ln respect of any year in which a Governmenl servant avails e
portion ofth€ vac;tion, he shall b€ entitled to earned lesve in such proportion
if 3O aays, as the nlmber of dtys of vacrtion not taken bears to the full
vacation:
Provided that no such leave shall b€ admissible to a Governmert
seryant not in permanent employ or quasi-permanent employ in respect
of the first year of his service;
l. Subsliruted ude Gl., Dept. of Per. & Trg, Nolrficatron No. F. No I l0lzl/2009-Estl'
(L), dated the I st December, 200i, published as eSR 170 in the Cazette of India. dated the sth
beiember, 2009. Takes effect from the I st September, 2008, ,ld€ o M.' dated I I - I l -2008 -
'see
GID (5) below this Rule.
RULE 28 ] KINI]S OF LEAVE DUE AND ADMISSIBLE 39

(c) If, in any year, the Government servant does not ayail any vaca-
tion, earned leave shall be admissible to him in resp€ct of that year under
Rule 26,
EXPLANATIoN.- For the pu4rose of this rule, the term 'teaC' shall
be construed not as meaning a calendar year in which duty is performed
but as meaning twelve months of actusl duty in a Vacation Department.
NoTE l- A Govemment servant entitled to vacation shall be considered
to have availed a vacation or a portion of a vacation unless he has been re-
quired by general or special order of a higher authority to forgo such vacation
or Portion of a vacation:
Provided that if he has been preyent€d by such order from enjoying
more than lifteen days of the vacation, he shall be considered to haye
availed himself of no portion of the yacstion.
NoTE 2.- When a Government servant sewing in a Vacation Depart-
ment 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 dudng 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.
(2) Vacation may be taken in combination with or in continuation of
sny kind of leaYe under these rul€s:
Provided that the total duration of vacation and earned leaye taken
in conjunction, whether the earned leave is taken in combination with or
in contimration of other leave or not, shall not exceed the amount of earn€d
lcaye due and admissible to the Government at a tim€ under Rule 26.
(3) The earned leave under this rule at ahe credit of a Government
servant at the close of the pr€vlous half year shall b€ carried forward to
the next half year, subject to the condition thst the leave so carried for-
ward pfur the credit for the half year shall not exceed the maximum limit
of 3fi) days.
NorE.- The facility of ffediting of unavailed portion of joining time
shall be admissible to persons serving in Vacation Departments, in accordance
with the provisions of sub-clause (l) of Clause (a) of sub-rule ( l) of Rule 26.

GOVERNMENT OF INDIA'S DECISIONS

(1) Transfer from Vacation to Non-Vacation Depsrtment.- With
reference to Audit Instructions below this rule, which indicates how leave
is to be calculated in the cas€ of a Govemment servant of a Vacation Depan-
ment when proceeding on leave during the course of a year, i.e., before
completing a full year of duty, a question arose whether in the case of a Gov-
emmenl servant, whose leave is regulated under the leave rules in the Funda-
mental Rules, his leave should be calculated on these lines up to the date of his
making over charge in the Vacation Depanment and leave in a Non-Vacation
40 swAMy's LEAVE RULES t RULE 28
-
Depanment regulated from that date or whether for purposes of his leave
account, his services in the Vacation Department should be considered to have
rcrminated with effect from the close of the last vacation enjoyed by him on the
lines of A(icle 286 of Civil Service Regulations.
It has been decided that, for purpose of the leave account, the date on
which a Government se ant actually relinqurshed charge of his duties in the
Vacation Departmelt should be considered as the date of his transfer to a
Non-Vacation Department. Thus a Government seryant, subj€ct to the leave
rules contained in the Fundamental Rules, will be entitled to a credit of *rh
for th-e period of duty in a vacation department with a deduction of jtti'of
duty for the same period.
I G.t., M.F., kser No. F. 7 (4l)-Estt. M55, dated rhe loth Seprenber, 1955. ]
(2) Liability of the lending Government for leave salary of Govern.
ment servant lent for service in a Vacation Department.- Under Clause
(c) of Rule l0 of the Central Government's Revised Leave Rules,
1933 [ cf. Rule 28 (1) ], earned leave is not admissible to an officer in perma-
nent employ serving in Vacation Department in respect of duty performed in
any year in which he avails himself of the full vacation. Also, under Clause
(b) of Rule l0 ibid. I cf. Rule 28 (2) (a) ], earned leave admissible to such an
officer in respect of any year in which he is preven(ed from availing himself
of the full vacation not taken bean to the full vacation. It has, therefore, been de-
cided that earned leave to the extent of 30 days or part thereof, depending
on whether the vacation is such proportion of 30 days, as the number of va-
cation is enjoyed in full or in part, will be deemed to have been availed of
and the lending Govemment will be liable for leave salary accordingly.
It has been decided that the pay of the Government servant on the date
preceding the date of commencement of vacation will, in such cases, be taken
as the rate of leave salary for computing the amount to be debited to the lending
Government.
I G.1., M.F., O.M. No. F. 7 (2031E. IV (Ay6ryE. nI (8y65, dared the l6rh Seprember, 1965. ]
NorE.- The above decision will mutotis mutandis tr applicable to an
officer transferred on foreign service in a Vacation Department.
I G.1., M.F., O.M. No. I (10)-E. Ill (B)r0, dated lhe lTth January, 1974. ]

(3) Combination of vacation with casual lerve permissible.- Rule l0 (c)

of the Revised Leave Rutes, 1933 [cf. Rule 28 (3)], contemplates combination
of vacation with any othq kind of leave subject to the restrictions mentioned
therein. A point arose as to whether the combination of vacation with casual
leave is permissible under rules. On a reference made by this office, the Gov-
emment of India, Ministry of Finance, in consultation with the Ministry of Home
Aflz in, have clarified vri& their U.O. No.72-E. IV (A)r0, dated 21-1-1970, that
since vacation is deemed as duty under FR 82 (6), there would be no objec-
tion to combining it with casual leave which is also treated as duty.
IA.G,C.R.,O.M No. CM.4-10 (l)/69-?0169, dated the l2rh February, 1970.]
RULE 28 ] KINDS OF LEAVE DUE AND ADMISSIRLE 4l
(4) Teachers to earn l0 days'earned leave on full pay during a year
instead of 20 days' half pay leave.- A demand was made by the TeaChers
working under the Cenffal Govemment that they may be allowed eamed leave
which is hitherto not admissible to them under the provisions of Rule 28 of
the CCS (Leave) Rules, 1972, whereunder persons serving in the Vacarion
Departments are not entitled to any eamed leave at present. This question has
been considered by the Govemment and it has been decided, as a special case,
that subject to the other conditions under Rule 28, the Teachers working under
the Central Goyernment, including the Union Territories, except where other-
wise provided will henceforth be permitted to eam l0 days' eamed leave on full
pay during a year, in lieu of 20 days' half pay leave, as admissible at present.

2. Action is being taken separately to incorporate the above decision in

the CCS (-eave) Rules, 1972. IS te incorporated itr Rules 28 (1) and 29 (L).1

3. This issues with concurrence of the Ministry of Finance (Department

of Expenditure) vrZe their U.O. No. S. 61UJS (Per.), dated 3-9-1981.
I G.1., D P. & A.R., O.M. No. P. 18011/3/8GEsa. (tJ3ve), datrd lhe 3rd September, 1981. ]

Some doubts have be.en raised about the implementation of the above
OM. They are clarified as follows:-

Points raised Clarified

20 days' half pay leave is admissi Proponionate half pal leave

ble only after the completion of a for the broken period of the
year's service. How is the credit of year up ro 3l-8-1981. may be
half pay leave to be allowed in the allowed at the rare of 2olt2
case of a Teacher who had put in days for each completed
less than a year's service as on the month,
crucial date, i.e., 3 l-8- 1981?

2. Whether the half pay leaye at the Half pay leave at the credit of
credit of Teachers as on 3l-8-1981, Teachers as on 3l-8-1981, is to
is to be accounted for separately in be shown separately in the
the leave account and Teachers can leave account and may be
be allowed to avail this leave as half granted as half pay leave / com-
pay leave or commuted leave on muted leave on the same terms
medical grounds? and condilions as were applica-
ble to them prior to t-9-1981.

3. Since no half pay leave will be Teachers appointed atier

admissible to the Teachers who l-9-1981, will not be entitled
have been / will be appointed after to any half pay leave and there
1-9-1981, it is Fesumed that they is therefore no question of
will not be entitled to commuted granting commuted leave on
leave on medical grounds? medical grounds.
 SWAMY'S LEAVE RULES I RULE 28
12 -
Points raised Clarified

4. In the case of employees other than For the period from l-9-1981
Teachers. 15 days' eamed leave is to 3l-12-1981. eamed leave
al present credited in their leave calculated at the rate of ; daYs
account on 6-monthly basis, i.e., on for each completed moBtt tf
first of January and July each year in service rounded to three days
advance and they can avail this leave mav be credited. From t-l-1982
before completion of the particular onivards. 5 days' earned leave
half-yearly period. Will the Teachers will be crcdited in advance on
also be eligible for the grant of 5 days' the lst of January and July
eamed leave after completion of the vear as in the case of
each 'categories
first 6-monthly period on l-9-1981, orher of Govern-
as in the case of other categories of ment servants.
Government servants or whether l0
davs'eamed leave will be credited in
th6ir leave account on lst Septembe{
every year?
5. Some Teachers have availed 'leave Unadjusled ponion of 'leave
not due' to be adjusted against the not due' eranted to Teachers
half pay leave to be eamed in future. may be idjusted against the
Since the Teachers are not eligible future eaming of earned leave
for half pay leave with effect from by them. For this purpose.
l-9-1981, how is the 'leave not due' 2 days of'leave not due'ntay
to be adjusted in such cases? be adjusted against one day of
eamed leave,
6. Whether accumulated half pay leave No such conversion is permis-
to the credit of Teachers working sible.
under the Central Government can
be conYened into eamed leave for
the purpose of encashment on theit
retirement on superannuation?

7. Whether of leave is
encashment Encashment of leave would be
admissible to all the Teachers admissible to Teachers sro
who retired / would be retired after rrrrrx in accordance wlth the
l-9- 1981? provisions of Rules 39. 39-A
and 39-B of the CCS (L€ave)
Rules, 1972, as to other
Govemment servants subject
to the fulfilment of the pres-
cribed conditions.

8. What Eoportion of l0 days' eamed Proponionate earned leave at

leave per year admissible with effect the rate of 5/6 days for each
ftom l-9-1981, can be granted in completed month of service is
cases where the Teacher concemed to be allowed in such cases.
retires or quits service without com-
pleting a year?
RULB 28 ] KINDS OF LEAVE DUE AND ADMISSIBLE 13

Points rais€d Clarificd

9. Whether the Heads of There is no provision for
Teachers /
Schools have any option either to option with effect from
avail of 20 days' half p{y leave or l-9-1981. Teachers including
l0 days' eamed leave on fult pay? Prirripals ard Heads of Schooli
are eotitled to only l0 days'
earned leave during a year.
I Gl., D.P. & A.R., O.M. No. l80l trl82-Bstr. o-.{vc), dared dle Igrh Fchury, t985. l
Clarllicgtion regarding entitlement of Earned Leave to Llbrarians
ard Lab. Assistanb with effect from 3.9-1981.- I am directed to refer to
your [€tter No. F. 30-3 ( l)/88-Co. ord.f25930, dated 23-6-1988 on the subject
m,entioned above and to say thar the provisions contained in the Department
of Personnel and Training's Norification No. F. l80l l/3/8GEstt. (L), dated
12-7-1984, are applicable from the date of its issue. Prior to the notification,
da1,3d l2-7 -1984, Teachers/Librarians/Lab. Assistants, etc., were govemed
in accordance with the provisions contained in this Department's O.M. No.
I 80 I l/3/8GEstL (L), dated 3-9- 198 I , in the matter of kave. A copy of Depan-
ment of Personnel and Training's O.M. No. 13013/l/88-Estl (L), dal€d l7-8-1988,
is enclosed for ready rcference.
I G.1., Min. of HRD., Dept. of Edn., No. F. 5-4U88,UT. I, da@d 3lsr August, 1988 ro
Directorate of Educatioo, NCT, Delhi. l
ENCLOSURE
G.I., Mln. of Pers., P.G. & Pension, DoP & T
No. 13013/l/88-Estt (L), dated 17-8-r9EE
Grant of 10 days earned lesve to t€scheN ryorklng
in Central Governmcnt Clarillcltion
-
The undersigned is directed to refer to the Department of Education
O.M. No. F. 54ry88-UT. I, datd the l2th July, 1988 on the subject mentioned
above, and to say that the provisions contained in this Depafiment's Notifica-
tion No. P. t80l l/3/80-Estt. (L), dated l2-7 -1984 are applicable from the date
of its issue.
2. Prior to the notification, dated l2-7 -1984, Teachers / Librarians. Lab.
Assistants, etc., were governed in accordance with the provisions contained in
this Department's O.M. No. P. l80l l/3/8GEsrt. (L), dated 3-9-1981 in the
matter of leave.
(5) Half pay leave to Teachers, Principals, Headmasters,.Librarians,
Laborsiory Assistants and Watermen working in schools under the Central
Governmenl- Consequent upon the decisions taken by the Government on
the recommendations of the Sixth Central Pay Commission, the President is
pleased to decide that, in supersession of this Department's O.M. No.
l80l l/ 3/80-Estt. (,eavc), dated the 3rd September, l98l and Notification No.
l80l U 3/80-Esn. (L), dated 28-7-19e4, the facility of half pay leave will be
restored to Teachers, Principals, Headmasters, Librarians, Laboratory Assis-
tants and Watermen working in schools under the Central Covemment, at par
44 SWAMY'S
- LEAVE RULES t RULE 28

with other Central Govemment employees under the provisions of Rule 29 of

the Central Civil Services (Leave) Rules, 1972.
2. These orders shall take effect from lst September, 2008.

3. Formal amendments to the Central Civil Services (Leave) Rules, 1972

are being issued separately.

I G.1., Depr. of Per. & Trg., O.M. No. 13013/2Q008-Estt. (L), dated the I lth Novemb€r,
2008.l
(6) Trayelling Allowance under SR 142 for recall from Yacatlon in
pubuc interest--The question of grant of T.A. for journeys necessitated by
compulsory recall from vacation, to duty, has been under consideration of the
Government. The President is nov/ pleased to decide that wherejoumeys are
necessitated by such recall from vacation in public interest, T.A. will be
admissible as tbr recall from leave, feating vacation as leave, under SR 142.
AII the terms and conditions stipulated in SR 142 will be applicable in such cases.

I G.|., M.F., O.M. No. l903Cv4/86-E. lV. dated the t oth Apnl, 1987.]
(7) Lf,gre to ad hoc employees working in Vacation l)epartnent-The
question of allowing some leave to a.d hoc Teachers, hincipals, Headmasters,
Librarians, Laboratory Assistants, Watchman and other Staff categorized as
'Vacation Staff who do not hold any regular post has be€n under considera-
tion of this Department.
2. It has been de.ided that employees whose appointment is treated as
ad hoc fot purely technical reasons, may be extended the benefit of leaye as
admissible to temporary employees of the Vacation Department under the
CCS (Leave) Rules, 1972. In other cases of ad hoc appointment of staff cate-
gorized as 'Vacation Staff which are of brief periods, if vacation is allowed
with usual pay and allowances / leave salary, no leave shall be admissible. In
case they are not allowed such vacation, they may be allowed eamed leave at
2] days per month of service, as allowed to similar employe€s in Non-Vaca-
tibn Depanment, subject to the conditions that-
(4) Their services are utilized by the Administration on which they are
bome during the period of vacation;
(D) Iftheir services cannot be utitized during yacation for any reason,
their services should be terminated on the commencement of vaca-
tion; and
(c) While granting the leave, it should be in terms of full days and not
half a day. They will also not be entitled to the bencfil of encash-
ment of eamed leave on termination of their service.
3. Where the ad hoc eppointments made for brief Periods initially,
however, for some reasons, continue beyond a period of three yeats without
break, such ad hoc employoos may be extended the benefits of all kinds of
leave as admissible to temporary employees of the Vacation Department'
under CCS (lrave) Rules, 1972, from the date of their initial appointment.
 RULE 28I KINDS OF LEAVE DUE AND ADMISSIRLE 45

. 4..The.,other. ad hoc employees of the Vacation Departmen6 not cate_

gorized as 'Vacatron Staff may continue to be governed in accordance with
the provrsrons contained in this Department's O.M. No. 130 t g/l/g2-Esrt. (L),
daten 2+7-1986 | GID (3), below Rile2l, in the matter ofentitlement of leave.
5, These orders issue in consultation with the Ministry of Finance, vide
their U.O. No.40-E. V/88, dared 20.t-1988.
6. These orders will come into force from the date oftheir issue.
I G.1., I)ept. of Per. & Trg., O.M. No. 13018,/6/86-Btt. (L). dated 6e 28th March, 1988. ]
(8) Encashment of earned leaye while availing LTC.- See Rule 3g-A.
(9) Benelit of leave extended to school teachers utilized for school
work / activities during vacations.- The Staff Side had raised a demand
that the b€nefit of leave may be extended to school teachers who have been
utilized for school work / activities during vacations. In this resard. artenlion
is-invited to this Department's Notification No. p. lg0l l/3/go_Estr. (L), dated
12-7-1984 (not printed See Rule 28), according to which persons ierving
in vacation Depanments- (including teachers) havJbeen extended the benefii
of leave under rhe provision of Rule 28 of CCS 1Leave.1 Rules, 72 for the
duration in which such staff have been utilized.
I C.1., Depl. ofPer. & Trg.. O.M. No. I l0t4/t,2002-Esn. (t), dared rhe I lrh Febtuary, 2004. l

AUDIT INSTRUCTION
. (1) The term "each year of duty" should be interprered to mean, not a
calendar year in which du-ty- is performed, but twelve months of actual duty in
a V-acation_Department. If the Government servant has enjoyed such vacaiion
as falls within a period of twelve months beginning on thi iate following the
dare-on which he completed rhe previous yeir of dity, then one month sh-ould
be deducted from his leave account. It does not matter whether the day on
which this.year ends, falls in a vacarion in the succeeding calendar year.'The
only q_uestion, is whether the Government servant has enJoyed such vacation
as well within the period ofone year as interpreted above.
Ii to- take an example, a Govemment servant before going on leave has
not completed a full year of dury (including vacation) durintthe course of
the second calendar year. then the fraction of one month w-hich should be
deducted from the leave account is rhe fraction, which the period of duty,
including va.ation, bears to the whole year. Ii to take a funhei complicatioir,
he has not enjoyed the whole of the vacation which fell durins that Deriod
of less than a year, then the amount which should be deducted ii the piopor_
tion of the period, which the proponion of vacation aclually enioyed ;14s the
vacations that will fall within the remaining period of 12 niontisleais to the
whole period uf vacation which falls withiri the period of 12 months.
In the case of Government servants who are allowed two vacations in the
year. instead of one, the periods of the two vacations should be regarded
as
combined into one.
t Para. 20 (i0, Ctap. X, Sec. I of Maoual ofAudit Insrructions (R?p.rno. l
46 SWAMY'S LEAVE RULES I RULE 29
-
29. Half pay leave
Il a l I The half Dav leave account of every Government servint (othcr
tn"o i )"iriirw omieri shall be credited with helf pay-lelve in rdvsnce' in
i*i'ir"i"iln"nitri ien days each on the Iirst day of Janusry rrd July of
every calendar Year ].
(2) (a) The leave shall be credited to the said leave sccount st the
'-' '-' oi i ar"t for each completed calendar month of service
"rt" he'
which is liirelv to render in the hs lf-year of the calendar year
in which he is aPPointed'
{r)
" ' The credit for the half-vear in which a Govcrnment servant is
iu" ro t"ti." or resigns irom the service shrll be sllowed rt the
thc date of
."t" ,: days periompleted calendsr month up to
"i
retirement or resignation.
2l (.:) when a Governm€nt servant is removed or dismisscd from
' '-' t"t"i.", of half pay leave shall be sllowed-at the- rcte of
"i"ait
i arn. o". comoleted cilendar month up to the end of the
iater"oai mortr, ireceding the calendar month in which he is
removed or dismissed from service. I
l[t trat When a Government servant dies while in-service, credit ofhalf
'"-' i
pri rc*. irtaii ue arro*eo 8t the rs-te-of days per conpleted
indnth of senice up to the date of dcath of thc Govcrnment
s€rvant.'l
(,1) lrl here a Deriod of absence or suspensiol of I Government s€rvant
'-" trai been ireated asdtes non in ahalf'year. thecreditto be 8lfordcd
in ni. nrtf p"y leave account at the commencement of next half-
year, shall be reduced by one-eighteenth ofthe period ofdies /ton
subject to a maximum often daYs.
(3) A Government servant who is eligible for Departmental leave
,ndei'Rule.l9, shall be ertitled to half pay leave of twenty days on
completion of twelve months of actual duty.
(4) The leaYe under this rule may be granted on medical c€rtilicate or
on private affairs.
(5) While affording credit of half pay leave, fraction of a day shsll be
rounded off to the nearest day:
Substituted vde Gl.. Dept. of Per. & Trg. Notifiration No' F'
l. No I l0l2/12009-Estt'
, r 200d. pubhshed as 6sR 170 rn the cazetle oflndia"-d-ate^d-the 5th
r arr.o-ri. iiibi"imber,
#;;;"''ior.' i"i; "iitiiri". tii lst se?tembcr 2008. v'de o M' dtted I l'l l -2008 se"
-
CID (5) belolr Rule 28.

v//" Gl DeDl of Per &Trg. Nolrfication No. F No' 11026/l/2010-

2. Substiluted iiti rrr. Oi.a t}le l2th lilav. as CSR 160inlhe
'l2lh2011. publishcd tales
3. Inse(ed c"r.rii of ira,u. daled lhe May.20ll' cffect from
7-2-201l- See GID (3) below Rule 27.
 RUI-B 30] KINDS OF LEAVE DUE AND AD\4ISSIFILE 47

Provided that in the case of Go\ernment servant not in Dermanent

emlrloy or quasi-permanent employ. no half pa] leave shall [e sranted
unl€ss the authority compele[t to grant leave has reasons lo beli;ve that
thc l-overnmenl servant will return to dut) on its expiry except in the case
of a Government servant lyho has been declared completeliand o"r-a_
nently incapacirated for further service b1 a Medical Authority. '

GOVERNMENT OF INDIA'S DECISIOIT

.rs^ .(1.) Credit for the incomplete portion up lo 3l-12-19E5._ Reference
to the Department of personnel and Training. Notification No.
-rnvited
I 30 l41l185-Estr. (L). dated the 3rd December, 1985, iherein
the Central
C,overnment employees have been allowed to avail the benefit ofadvance credit
of,halfpay leav-e.by crediting to theirhalfpay leaveaccount on lst January, lst
July each year. Now a quesrion has arisen as ro how the halfpay leavi lor
incornplete portion of 1q85. willbe regulated. This maner has beentonsidered
by this Deparlment and the President iinow pleased to decide that the emolovees
may_be.aJlor.red rhe benefit ofhalfpay Ieave for incomplere period ofseiu,ieoi
I 985, till l.st December, I 985. by crediting to their half piy leave account at
therate of^3 i drylp.m on lstJanuary 1986, along with the advance crellit of
half pay leave. While calculating rhe completed m6nths of service, the nronth
may be rounded off to the ne\r higher. if it exceeds more than I 5 da\ s. For
example. if an employee has completed a year's service as on ll_5-lbg5. he
m-av- be given the benefit ofhalfpay leave fiom May (since it exceeds more
than
l5 days) to December, 1985, for t3 days ( x 8: i3
+ +).
_ 2. ln so far as the employees serving in the Indian Audit and Accounts
Depanment are concemed, these orders ari issued after their consultation rlde
Office of the Comptroller and Audiror-General of India, U.O. N-o. 2-Audit-sl/
99-85, dated the 3rd January 1986.
IGl.Depr.ofPer& fry.OM No I30t4/l/85-E5tr (t_). dared fie 24lh Januarv. 1986 I

AUDITOR-GENERAL'S DECISlON
Rightto ask fora particularkind ofleave rests with the Govemment servanr.
lt has been decided with the concurrence ofthe Government of India that the
authority- empo\vcred to grant leaye has not been given the power to alter the
nature of leave. though he has the power to refuse or revoke leave at anv time
according to the exigencies ofthe public service. There is no restriction on an ;fiicer
at hrs optton betng granted halfpay leave even when eamed leave is due to him.
IAGsNo 2t-A/271-36. dared the 20rh January t937. l

30. Commuted leave

(l ) Commuted leave not exceeding half the amount of half pav leave
d-uemay be granteq on medical certificite to a Government iena'ntiotner
than a military ofricer). subject to the following conditions:_
(a) the authority competent to grant leave is satisfi€d that there is
reasonable prospect ofthe Gov€rnment servant retuming toduty
on its expiry;
48 S\TAMY'S LEAVE RULES I RULE 30

(b) Deleted.
(c) Delered.
(d)' when commuted leave is granted, twice the amount of such leave
shatl be debited against th€ halfpay leave due;
(e) Deleted.
(l-A) Half Dav leave uo to a maximum of 180 days may be allowed to
be duiing the'entire service (without production of medicrl
"Lm*rt.d
certincat"l where suih teave is utilized for an approved course of.study
certilied to be in the public interest by the leave sanctioning authority'
(2) Where a Governm€nt serYant lvho has been grsnted commuted
leare resigns from service or at his request permitted to retire,voluntrrily
rnithout .&u.oing to duty, the commuted letve shall be trerted as halfpay
teave and the difierence-between the leaYe salary in respect of commuted
leave and half pay leave shall be recovered:
Provided that no such recovery shall be made if the retirement is by
reason of ill-h€alth i[capacitating the Government servan' for further
service or in the €vent of his death.
NorE.- Commuted leave may be granted at the request ofthe Govem-
ment servant even when earned leave is due to him.

GOVERNMENT OF INDIA'S DECISIONS

(1) Commuted leave up to 60 days without m-edical cert-ificate to femal€
Government servants on adoption of a child.- See Rule 43-B'
(2) McJical certificate not necessarl for commuted leave in
continuation of maternity leave' -,See Rule 43, sub-rule (4).
(3) Clarilication regarding the terrn "AMA".- Commuted leave to a
Gazeitid Govemment servant ca; be granted onll on producrion of medical /
fitness cenificate from an AMA IT ii hereby clarified that the expansion of
AMA will have the same meaning as defined in the Central Services (Medical
Aftendance) Rules. 1944. Thus iommuted leave to a Gazetted Government
servant can also be granted on the strength of a certificate {iom a Hospital /
Medical Authoritv recognized under these rules.
IGl Min. olllcalth & I:amil] \(cllare. o\,'1 \o A l70ll/ll/84-MS dalcd ihe 8th
Scplembcr. 1986 l

(4) Medical certilicates issued bl AllMS, New Delhi,-P.ClM' C-handi-

lnUtn, Pondicherrl', are acceptable.- Sc'e GID ( i )below Rule l9'
gartr anO f

(5) Commuted leave to a Government servalt who has opted out of

CGfS facilities and is availing the medical facility provided by the employer
of his / her spouse.- See GID (4) below Rule l9'
 RULE 3I] KINDS OF I-EAVE I)UE AND ADMISSIBI-E 49

31. Leave not due

(I) Saye in the case of leave preparatory to r€tirement, Leave Not
Due may begrarlted to a Government servant in permanent employ or quasi_
permanent employ (other than a military of[icer) limited to a'maximum of
36.0 days during the ertire service on medical certilicate subject to the
following conditions:-
(a) The authorify competent to grrnt teave is satisfied that there is
reasonable prospect ofthe Governmel!t servant returning to duty
on its expiry;
(6) Leave Not Due shall be limited to the halfpay leave he is likely to
earll thereafl€r;
(c) Leave Not Due shall be debited against the half pay leave the
Government seryant may earn subaequently.
(l-A) Lcave Not Due may also be granted to such of the temporary
^
Government servants as are suffcring from TB, Lcprosy, Canceror Mentil
llllTl,-for p€riodnot exceeding 360 days during eniire service, subject
a
to fulfilment ofconditions in Ctauses (a) to (c) ofsub-rule (l) and subject
to the following conditions, namely:-
(i) that the Government has put in a minimum ofone yerr,s servrcel
(li) that the post from which the Goyernment s€rvant proceeds on
leave is likely to last till his return to duty; and
(ilr) that the request for grant ofsuch leave is supported by a medical
certific-ate as enyisaged in Clauses (c) and (d) of sub-rule (2) of
Rule 32.
(2) (a) Where a Goyernment servant who has been granted Leave Not
Due resigns from service or at his req[est permitted to retire
voluntarily without returning to duty, the Liave Not Due shalt
be cancelled, his resignation or retirement taking effect from the
date on which such leave had commenced, and ihe leave salarv
shall be recovered.
(6) Where a Covernment servant who having availed himself of
Leave Not Due returns to dutv but resigns oi retires from ser.r,ice
before h€ has earned such leave, he shall be liable to refund the
leave salan to theextelt the leave has not been earned subsequently:
Prgyld9-d rhat no leave salary shall be recovered under Clause (a) cr
^.
Clause {6) if the retirement is b}
reason of ill-health incapacitating the
corernmenl servanl for furlher service or in the event of his death:
Provided further that no leave salary shall be recovered under Clause (a)
or Clause (&), ifthe Government servaniis compulsorily retired prematurily
under Rule 48 (l) (b) ofthe CentratCivilservices (pension) Rules, 1972, oi
is retired under Fundamental Rule 56 (7) or Fundamental Rute 56 (f.

LR-4
50 SWAMY'S LEAVE RULES I RUr.L 3r

GOVERNMENT OF INDIA'S DECISIONS

(l) Medical Authorities for recommending leaye in cases of Tuber-
culosis and Leprosy.- The appropriate Medical Authority in the case of
Govemment servants sutrering from Tuberculosis will be-
(i) the Govemment servant's Authorized Medical Attendant;
(rr) the Medical Officer-in-charge ofa recognized sanatorium in the case
of a Govemment servant undergoing treatment in a recognized
sanatorium:
(r;) a Tuberculosis Specialist recognized as such by the State Adminis-
trative Medical Officerconcemed in the case ofaGoyernment servant
r€ceiving treatment at his residence; and
(rv) a qualified Tuberculosis Specialist or a Civil Surgeon in the case ofa
Government servant suffering from Tuberculosis other than
Pulmonary Tuberculosis.
I GL, M.F.. (D.R. and E.), O.M. No F 7(16)-Estt.M53,datedthe2lstMay. 1953.]

The appropriate Medical Authority in cases of Govemment servants

suffering fiom Leprosy will be-
(i) the Govemment servant's Authorized Medical Anendant or a Civil
Surgeon; or
(li) the Medical 0fficer-in-charge ofa recognized lep)osy institution
where the patient is undergoing treatment; or
(ii, a Specialist in leprosy recognized as such by the StateAdministmtive
Medical Officer concerned.
I Gl., M.F., o.M. No F. 7 (68)-Esfl. lV/53, dared the II th Dec-ember. 1953. ]

(2) Medical Certificate trot necessary for LND in continuation of

malernity leave.- See Rule 43, sub-rule (4).
(3) LND can be granted without medical certificat€ to 8n adoptive
moth€r also.- See Rule 43-B.
(4) LND can be granted as Child Care Leaye without production of
medical certificate. See GID (l) below Rule 43-C.

AUDITOR-GENERAL'S DECISION
Leave "not due" can be granted under Fundamental Rule 82 (c) (ii) [cf.
Rule 3I I to an officer whose leave account shows a debit balance in consequence
ofthe grant ofleave "not due" on a previous occasion.***
I Ar. c s No. 98-4./492-93, dated lhe 28th January. 1924. ]
RULE 32l KINDS OF LEAVE DUE AND ADMISSIBLE 5l

32. Extraordinary leave

(l) Extraordinary leave may be grant€d to a Government servant
(other than a military officer) in special circumstances-
(a) when no other leaye is admissible:
(6) when other leave is admissible, but the Government servant
applies in writing for the grant ofextraordilary lerye.
(2) Unless the President in view of the exceptional circumstaoces of
the case otherwise determines, no Government seryant, who is rot in
permanent employ or quasi-permanent employ, shall be granted extra-
ordinary leave on any one occasion in excess of the following limits:-
(a) thre€ months;
(b) six months, wher€ th€ Government servant has completed one
year's continuous service on the date of expiry of leave of the
kind due and admissible under these rules, including three
months' extraordinary leave ulder Clause (a) and his request
for such leave is supported by a medical c€rtificate as required
by these rules;
(c) Deleted.
(d) eighteen months, where the Goyernm€nt servant who has com-
plet€d oneyear's continuous seryice is undergoing treatment for-
(D Pulmonary Tuberculosis or Pleurisy oftubercular origin,
in a recognized sanatorium;
NoIE.-The concessionofextraordinary leaveupto eighteenmonths shall
be admissible also to a Government seryant suflering from Pulmonary Tuber-
culosis or Pleurisy oftubercular origin who receives featment at his residence
under a Tuberculosis Specialist recognized as such by the State Administrative
Medical Officer concemed and produces a certificate signed by that Specialist
to the effect that he is under his treatment and that he has reasonable chances of
recovery on the expiry ofthe leave recommended.
(ii) Tuberculosis of any other part of th€ body by a qualified
Tuberculosis Specialist or a Civil Surgeon or StaffSurgeoq;
or
(lri) Leprosy in a recognized leprosy institution or by a Civil
Surgeon or StaffSurgeon or a Specialist in leprosy hospital
recognized as such by the State Administratiye Medical
Officer concernedi
(lv) Cancer or for mental illness, in ar institution recognized
for the treatment ofsuch disease or by a Civil Surgeon or
Staff Surgeon or a Specialist in such disease.
(e) twenty-four months, where the leave is required for the purpose
of prosecuting studies certified to be in th€ public inter€st, provided
52 SWAMY'S I,IiAVE RLJI-I:S I RUr.l] 32

the Government servant concerned has completed three years'

continuous ser\ ice on the date of expiry of leave of the kind due
and admissible under these rules, including three months'
extraordinary leave under Clause (a).
(3) (a) Where a Coyernment ser\ ant is granted extraordinary leave in
relaxation of the provisions contained in Clause (e) of sub-rule
(2), shall be required to execute a Bond in Form 6 undertaking to
refund to the GovernmeDt the actual amount of expenditure
incurred by the Government during such leavep/rs that incurred
by any other agencv n'ith interest thereon in the evenl of his not
returning to dutl on the expiry ofsuch leave or quitting the service
before a period of three years after return to duty.
(b) The Bond shall be supported by Sureties from two p€rmanert
Government servants having a status comparable to or higher
than that of the Government servant.

(4) Government servants belonging to the Scheduled Castes or the

Scheduled Tribes may, for the purpose of attending the Pre-Examination
Training Course at the centres notified b)'the Government from time to
time, be granted extraordinary leave by Head of Department in relaxation
of the provisions of sub-rule (2).

(5) Two spells ofextraordinary leave, ifintervened by any other kind

ofleave, shall be treated as one continuous spell ofextraordinary leave for
the purposes of sub-rule (2).

(6) The authority competelt to grant leave may commute retros-

pectively periods ofabsence \ryithout leave into extraordinary leave.

GOVERNMENT OF INDIA'S DECISIONS

(l) Leprosy lnstitutions.- Please .ree Appendix-lV for list of Leprosy
lnstitutions recognized for the purpose ofsub-rule (2) (d) (rir).

(2) Notice ofVoluntary Retirement can be accepted from a Government

servant already on EOL.-Attention of all Ministries / Departments is invited
tothe provisions contained in Para. 3 (riii) ofDepartment ofPeronnel & Training
O.M. No. 250 I 3/7/77-Estt. (A), dated 26-8-191'7, and clarifications contained
in O.M. No. 250 I 3/ l0/85-Esn. (A), dated 5-7-1985 (not prinkA on the above
subject. It has been laid down in the Ofiice Memoranda referred to above, that
a Govemment servant giving notice of Voluntary Retirement may also apply,
before the expiry ofthe notice, for the leave starding to his credit which may be
ganted to him to run concunently rryith the notice period except in the case of
Extraordinar Leave. as such leave, whether on medical ground or on private
affairs cannot be termed as leave standing to the credit ofa Govemment sewant.
The matter has been reviewed and it has been decided to modify the provisions
 Rtn E 33 ] KINDS oF LEAVE DUTJ AND ADMISSIBLE 53

contained in Para. 3 (xil, ofo.M .No.25013/711977_Estt. (A), dated 26-8_19.77

and O.M. No.250li/t0/85-Esn. (A). dared 5-7-1985 as follows: _
*Para.
3 (Iiii) A Covernm-ent seryant giving notice of Voluntarv
Retirement may also apply, before the expiry oft[e notice, for the leavi
standing to his credit which may be granted to him to run concurrentlv
with the period of notice. Extraordinary leave is not termed as leav'e
standing to his credit and therefore, it cannot run concurrenrly with the
period ofnotice given by him for seeking Volunrary Reriremeni. Incur..
a Covemment.servant applies for Voluntary Retirement while already on
extraordinary leaye otherthan on medical ground, the notice period need
not be insisted upon and his request may be accepted with immediate
effect, provided he is clear fiom vigilanci angle. H'owever. ifa Govem_
ment servant while already on extraordinary leave on medical ground,
applies for Voluntary Retirement. the notice period. ifany. eiveninay be
accepted and he may be allowed ro retire after the expin ;f lhe notice
pcriod subject to vigilance clearance."
I GI . Depr ofPer. & frg. O.M. No 25 0 l.]/3/2003-Estt (A). dalcd rhe ITth June,2003. l
COMPTROLLER AND AUDITOR-GENERAUS DECISION
It has been decided in consultation with the Govemment oflndia thar two
spells ofextraordinary leave interyened by a spell ofspecial casual leave should
be spell for purposes oflimiis prescribed in Rule 14(6),RLR
I cl Rule 32 (-s ) ]. Ifthe limirs prescribed in ri.rat rule are rhereby. exceeded,
^treated-as.one
extraordinary leave may be granred in relaxation ofthe rule in consiltation ryith
the Goyemment of India, Ministry of Finance.

IC &A.G'sUO No.631-Audi/6t-62. darcd the t0$Aprit t964,rotheA.GCR ]

33. Leave to probationer, a person on probation and an apprentice

(l) (a) A probationer shall be entifled to leave under these rules if he
had held his post substantively otherwise than on probation.
(b) .lf, for any reason, it is proposed to terminate the seryices of a
probationer, any leave which may be granted to him shalt not
extend-
(l) beyond the dat€ on which the probationarv period as
already sanctioned or extend€d expires, or
(ir) beyond any earlier dal€ on which his servic€s are
terminated by the orders ofan authority competelt to
appoint him.
(2) A person appointed to a post on probation shall be entitled to leav€
under these rules as a temporary or perman€nt Government servant
according as his appointment is against a temporary 4r a permanent post:
54 SWAMY'S I,}IAVE RULES I RULE 34

Provided thst where such person already holds a lien on a permanent

post before such appointment, he shall be entitled to lesve ulder thes€
iules as a permanent Government servant.
(3) An apprentice shall be entitled to-
(a)
' leaYe, on medical certificate, on leave salary eq.uivalent to
half pay for a period not €xceeding one month iD any year
of apPrenticeshiP;
(b) extraordinary leave under Rule 32'
GOVERNMENT OF INDIA'S DECISIONS
(l ) Carry-forward of leave. The President has decided that the leave
at the iredit oi a Government servant on the date of his appointment as an
aDDrentice under a Cenral Civil Department should not lapse but may be allowed
t6'be carried forward on his appointment to a post under a Central Civil
Department on the expiry ofthe period of apprenticeship.
I GL. M.F., o M. No F. 7 (68)-Estt M59. dated the 20th June- 1959. ]

(2) SAS Apprertices'- For purpose ofgranr ofleave. the SAS Apprentices
in the Indian Audit and Accounts Depanment shall be treated like temporary
Govemment seryants.
lG.l., M F., D E.. tetter No F 19 (20)-E. G l/61. dated the 3rd April. 196l to the
Comptroller and AudiloFceneral of lndra. l

34. Persons re-emploved after retirement

In the case of a person r"-employed after retirement, the provisions
of these rules shall apply as if he had entered Government service for the
first time on th€ date of his re-employment.
35. Deleted.
36. Deleted.
37. Deleted.
38. Leave preparatory to retirement
(l) A Government servant may be permitted by the authority
compeient to grant leave to take leave preparatory to retirement to the
r[
extent ofearnei leave due, not exceeding 300 days ] together with half
pay leave due, subject to the condition that such leave extends up to and
includes the date of retirement.
NorE.- The leave granted as leave preparatory to retirement shall not
include extraordinary leave.

I Substiluled for "240 days vide GI, Depl ofPer. & Trg ' Notrficalion No
11026/l/-2002-tslr.tL).daled$e l5il6th Jaruarv, 2004 published as GSR l80 rn theC.zette
oi hdra. dated the 5th June, 2004. Takes effect from 1-7-1997 vde O.M', dated 7-10-1997
 RULE 38-A] KINDS OF LEAVE DUE AND ADMISSIBLE 55

(2) (a) Where a Government servanl who is on foreign service in or under

any Local Authority or a Corporation or Company wholly or
substantially owned or controlled by the Government or a Eody
controlled or financed by the Government (hereinafter referred
to as the local body) applies for leave preparatory to retirement,
the decision to grant or refuse such leave shall be taken by foreign
employer with the concurrenc€ of the lending authority undir
Central Government.
(b) The Government servant on foreigtr servic€ shall also be allowed
to encash earned leave at his credit on the date of retirement in
the manrer provided in sub-rule (2) of Rule 39.
(c) Deleted.
(3) Where a Goyernment seryant is on foreign service in or under a
local body other than the ore mentioned in Clause (a) of sub-rule (2), Ieave
preparatory to retirement shall be admissible to him only when he quits
duty under the foreign employer:
Provided that rryhere the Government servant continues in service
under such foreign employer, the Government seryant shall not be eligible
for grant of cash payment in lieu of leave under Rule 39.

[ 38-A. Encashment ofEarned Leave along

I
with Leave Travel
Concession while in service.-
(l) A Covernment servant may be permitted to encash earned leave
up to ten days at the time ofavailing of Leave Travel Concession while in
service, subject to the conditions that-
(a) a balance ofat least thirty days ofearned leaye is available to his
c-edit after takillg into account the period ofencashment as well
as leave being availed of:
(b) the total leave so encashed during the entire career does not e\c€ed
sixty days in the aggregate;
(2) The cash equivalent for encashment of leave und€r sub-rule (l)
shall be calculated as follows. namely:-
Pay admissible on the date of
availing of the Leave Trayel Number of da) s of
Concession p/ns Dearness earned leave being
Allowance admissible on encashed subject to
Cash that date. the maximum of ten
equival€nt = x days at one time,
30

I Substituted vrd€ ct . [)epl ofPer &-]rg., Norification No. F No. 14028/l/20lGEstt.

(L). dated lhe-26th Au8usr, 201I. publrshed as CSR 646 (E) in the Cazette oflndia, dared
the
26th August. 201 I lalies etltct from 3-6-2009 - Sep CID (l) betow
56 SWAMY'S
- LEAVE RULES I RULE 38-A

(3) No House RentAllowrnce shall be included in the c8sh equivelent

calculated under sub-'rule (2);
(41 The oeriod of earned leav€ €ncashed shall not be deducted from
the quintum'of leave tbst can normally be encsshed by the GoYernment
servint under Rules 6,39,39-A,39-B' 39-C and 39-D.
(5) Ifthe Goyernment servant fails to avail the Leave Trsvel Concession
wittrin ihe time prescrib€d under the Central Civil Services (Leave Travel
Concession) Rul€s, l9E8,then he shall be required to refund the entire-amount
ofleave so incashed along with itrt€rest rt th€ rate of two pcr cent abov€ the
rate ofinterest rllowed by the Governmelllas applicable to Provid€nt Fund
balances and shall also be entitled for credit back of leave so debited for
leav€ encashment. l

GOVERNMENT OF INDIA'S DECISIONS

(l ) Encashment ofearned leave along with lxave Travel Concession.
Government servants are permined to encash earned leave up to l0 days at the
time of availing Leave Travel Concession subject to the condition that earned
leave of at leas-t an equivalent duration is als6 availed of by- the Government
servant simultaneousiy. This Department has been receiving a -number of
references fiom varioui Ministries / Departments to waive this condition citing
practical problems faced by them as the facility ofLTC is also admissible while
availing Casual Leave.
2. The matter has been examined in this Department in consultation with
the Ministry of Finaoce and it has now been decided to permit Govemment
servants eniashment ofeame,l leave up to l0 days at the time ofavailing LTC
without any linkage to the number ofdays and the nature ofleave availed while
proceeding on LTC.
3. These orders shall take effect from the date of issue.
4. Formal amendment to the provisions of CCS (Leave) Rules, 1972 are
being issued separatel;'.
I (il . Dept ol l'c. & Tre.. O M No. I4028Ai2009-Estt
([.). dated thc:rd Jtlne. 2009 ]

(2) Clarification.-
Reference is invited to DoP&T. O.M. No. 3 l0l I '4,l2008-Estt. (A). dated
23-9-2008. allou ing encashment ofearned leave along with LTC and to-say that
various references are being received fiom Ministries /' Depanmcnts with regard
to the applicability of Rulel8-A ofthe CCS (Leavc) Rules. 1972 to the Central
Govemment employees. ln this regard. it is clarified that-
(l)' Central Govemment emplolees govemed b1'CCS (Lea'/e) Rules,
I 972 who are entitled to LTC but opt for the facility of LTC
provided
to their spouses employed in PSUs / Corporation '/ Autonomous
Bodies. etc.. and
(2) Central Government employees governed by CCS (Leave) Rules,
1972 who are otherwise not entitled to LTC, on account of their
 RULE 39] KINDS OF LEAVE DUE AND ADMISSIBLE 57

spouse being employed io Indian Railways / National Airlines who

are entitled to privilege passes / concessioml tickets
are entitled to leave encashment while availing the LTC facility of their
spouse / privilege passes / concessional tickets of their spouse on fulfilment of
all the conditions as stipulated in Rule 38-A of the CCS (lrave) Rules, 1972
twice in a four years block of LTC.
{ C.1.. Depr. of Pcr & Trg., O.M. N.. ,.rnre/1:00?-Esn. (L), dated the 24rh November.
2009.l

(3) Encashment of l0 days' earned leave along wlth LTC by re-em-

ployed prnsioners
- Clarifcatlon.-
O.M. No. 3l0l U4l2008-Estt.
Reference is invited to Dop & T,
(A), dated 23-9-2Wg allowing encashment of
earned leave along with LTC and to say that various references are being re-
ceived from Ministries / Depanments with regard to the applicability of en-
cashment of eamed leave by re-employed pensioners.
2. In this regard, it is clarified that re-employed pensioner will be en-
titled to encashment of Earned Leave along with LTC during the period of
re-employment up to the limit of 60 days in accordance with Rule 38-A
(including the number of days for which encashment has been allowed along
with Leave Travel Concession while in service), provided he is entitled to
LTC.
I G.1., Depr. of Per. & Tr8., O.M. No. t 4028i/U2010-Esn. (L), dated rhe 2nd March. 2010. ]

39. Leave / Cash payment in lieu of leave beyond the date of

rrtirement, compulsory r€tir€ment or quitting of service
(1) No leaye shell be granted to a Government s€rvant beyond-
(a) the date of his retlrement, or
(b) the date of his linal cessation of duties, or
(c) the dlte on which he rttires by giving notice to Goyern-
nent or he is retired by Government by giving him notice
or pay and allowances in lieu of such notice, in accordance
yith the terms and conditions of his senice, or
(d) the date of his resignation from seryic€.
t[ (2) (a) Where a Government servant retirrs on attrining the normal
age prescribed for rrtirement under the ienm and conditiors
governing his service, the authority competcnt to grant leave
shall, sao motu, istJe an order granting cash equiyalent of
leave salary for both earned lesv€ and half pay leave, if any,
at the cr€dit of the Govemment servant on the date of hb retirE
ment subject to a maximum of 3(X) days;

l. Substituled vrd" C I Dept. of Per. & Trg., Notification No. F. No. I l0lull2009-Estl.
1L), dated the lst December, 2W, published as GSR I70 in lhe cazexe of lndia, dared rhe 5rh
December. 2(x)9- Takes effect from 1-l-2006, vid. O.M. dared 16-t t -2009 GID (5-B)
below Rule 39 (D) -See
58 SWAMY'S LEAVE RULES I RULE 39
-
(6) The cash equivalent of leave salary under Clause (c) shall be
calculated as follows and shall be payable in one lumpsum
as a one-time settlement,-
Pay sdmissible on the Number of days of
date of retir€ment unutilized earned leave
(i) Cash equi- plas Dearness Allow- at credit subject to the
valent for ance admissible on total of €arned l€av€
earned that date and half pay leave not
leave
30
x exce€ding 300 days

Half pay leave salary

admissible on the date Number of days of
(,t) Cssh pay- of retirem€nt p/rs half pay leave at cr€dit
ment in Dearness Allotvance subject to the total of
lieu of admissible on that earned leave and half
half pay date pay leave at credit not
leave com- x exceeding 300 days
ponent 30
NorE.- The overall limit for encashment of leave including both
earned leave and half pay leave shall not €xceed 300 days.
(c) To make up the shortfall in earned leave, no commutation
of half pay leave shall b€ permissible. l
(3) The authority compeient to grant leave may withhold whole or part
of cash equiyalent of earned leave in the case of a Governm€nt servant
who retires from servie on attaining the age of retir€ment while under sus-
pension or while disciplinary or criminal proceedings are pending against
him, if in the view of such authority thcre is a possibitity of some money
becoming recoverable from him on conclusign of the proceedings against
him. On conclusion of the proceedings, he will become eligible to the
amount so withh€ld after adjustment of Goyernment dues, if any.
(4) (a) Where the service of a Government servant has been extended,
in the interest of public service beyond the date of his retire-
m€nt, hc may be granted-
(i) during the period of extension, any earned leave due in
r€spect of the period of such ext€nsion plus the earned leave
which was at his credit on the date of his retirement subject
to a maximum of 1E0 days / l[ 300 days ] 2[ ] as the case
may be, as prescribed in Rule 26.
l. Substiruted for "2,() days" vi& G.1., Dept. of Per. & Trg., Notification No.
13026111(D-esI/.. (L), dated the l8th April, 2002, published as CSR 149 in the Cazette of India,
dared fte 27lh April.2002. Take. effecr from I -7-1997 vide O.M., dated 1-10-1991 .
2. Omined vild C.1.. Dept. of Per. & Trg., Norification No. F. No. I l0l Zl /2009-Est1. (L).
dated $e lst December, 2mg, published as GSR 170 in the Cazette of lodia, dared the 5th
December, 2009. Takes effect from t -9-2008, vi& GID (4) below Rule 26.
RULE 39 J KINDS OF LEAVE DUE AND ADMISSIBLE 59

l[ (ii) after expiry of the period of extension, cash equivalent in

the manner provided in Clause (D) of sub-rule (2) in respect
of both earned leave and half pay leaye at credit on the date
of retirement, pft.rs the earned leave and half psy leaye
earned during the period of extension reduced by the earned
ieave and half pay leaye availed of during such period,
subject to a maximum of 300 days. l
N}TE.- Not printed.

(b) The cash equivalent payable under sub-clause (ii) of Clause (a)
of this sub-rule shall be calculated in the manner indicated in
Clause (b) of zub-rule (2) aboYe,
I[ (5) A Government servant who retires or is retired from service
in the manner m€ntioned in Clause (c) of sub-rule (l), may b€ granted
suo motu, by the authority competent to grant leave, cash equivalent of
the leave salary in respect of both earned leave and half pay leave at his
credit subject to a maximum of 3fi) days. The cash equivalent payable
shall b€ the same as in sub-rule (2) of Rule 39. l
(5'A1 zs'"1"'"'
(6) (a) l[ (r) where the services of a Government servsnt ar€ terminated by
notice or by payment of pay and allowances in lieu of notice
or otherwise in accordanc€ with the terms and conditions of
his appointnent, he may be granted, sao nron4 by the authority
competent to grant leave, cash equivalent in respect of both
earned leave and half pay leave at his credit on the date on
which he ceases to be in servic! subject io a maximum of 300
days and the cash equiyalent payable shall be the same as in
sub-rule (2) of Rule 39 l.
(ii) Ifa Government servant resigns or quits service, he may be
gtal,ted, sw natu, by the authority competent to grant leave'
cash equivalent in r€spect of €{rned leave at his cr€dit on the
date of cessation of s€rvice, to the extent of half of such leave at
his credit, subject to a maximum of a[ 150 days ].
l. Substituted vrii? G.1., Dept. of Per. & Trg., Nolific-ation No. F. No. I l0l Zll2009-Estt.
(L), dated rhe lst Decemtter,2009, published as GSR 170 in the Gazeoc of lndia, dated the 5th
December, 20@. Takes effect from l - l -2006, vile CID (5-B) below Rule 39 (D).
2. Vide G.1., Dep!. of Per. & Trg.. Notification No. 14028/l/2004-Estt. (L), dated lhe l3lh
February, 2006, published as CSR 47 in the Gazette of lndia. dated the 4th March, 2006. Takes
effed from l3-2-2006 vide OM, dated 13-2-2006.
3. Sub6tituted vld€ G.1.. Dep!. of Per. & Trg., Notificatioo No. F. No. I l0lzl/2009-Estt.
(L), dated lhe lst Dec.mber, 20@, published as GSR 170 io the Gazette ot India, dated lhe 5lh
Decemb€r, 2009. Takes effect ftom I'l-2006 vrZe O.M., dat€d 16-ll'2009 --Jee GID (5-B)
below Rule 39 (D).
4. Subsrituted for "120 days" vld" G.1., Depl. of Per. & Trg., Notification No.
13026/l/99-Esn. (L), dared rhe 18rh April, 2002, published as GSR 149 itr the Gaze[c of lodia,
dated $e 27th April, 2m2. Takes eff€ct from l-7 -1991 vidc O.M., Mtedl -1G-1997.
60 SWAMY'S LEAVE RULES I RULE 39,A
-
l{(iii) A Goyernment servant, who is re-employd after retirement
may, on termination of his re-employment, be granted,
suo moturby an atthority competent to grant leave, cash equi-
valent in respect of both earned leave and hslf pay leave at
his credit on the date of t€rmination of re€mployment subj€ct
to a maximum of 300 days including the period for which
€ncashm€nt was allowed at the time of retirement and the
cash equivalent payable shall b€ th€ same as in sub-ruie (2)
of Rule 39. I

(r) The cash equiyalent payable under Clause (a) shall b€ calcu-
Iated in the manner indicated in Clause (b) of sub-rule (2) and
for the purpose of computation of cash €quiyalent under
sub-clause (i,i) of Clause (a), the pay on the date of the termina-
tion of re-employment shall b€ the pay {ixed in the scale of post
of r€-employment before adjustment of pension and pension
equiyalent of other r€tirement benelits, and the D€arness Allow-
ance appropriat€ to that pay.

139-4. Cash equivalent of leave salary in case of death

in serwice
In case a Government seryant dies while in service, the cash equiva-
lent of leave salary for both earned leave and half pay leaye, if any, at the
credit of the deceased Government seryant on the dat€ of his death, not
exceeding 3(X) days shall be paid to his family in the manner specified in
Rule 39.C and the cash cquivalent payable shall be the same as in
sub-rule (2) of Rule 39.

NoTE.- In addition to the cash equivalent of leave salary admissible

under this rule, the family of the deceased Govemment servant shall also be
entitled to payment of Deamess Allowance only as per orders issued in this
behalf separately.

139-8. Cash equivalent of leave salary in case of invalida-

tion from service
(1) A Government seryant who is declared by a Medical Authority
to be completely and permanently incapacitated for further service may
be granted, suo Dtotu, by the authority comp€tent to grant leaye, cash
equivalent of leave salary in respect of both earned leave and half pay
leave, if any, at the credit of the Goyernment servant on the date of
i. Substituted vr',4e G.1., Depl of Per. & Trg., Notification No. F. No. I l0lull2009-Estt.
(L), dated the lst December, 2009, published as GSR 170 in the Gazette of India, dated the 5th
December, 2009. Takes effect ftom l-l-2006 tide O.M., dated 16-11-2009 CID (5-B)
below Rule 39 (D). -.tee
 RULE 39.C ] KINDS OF LEAVE DUE AND ADMISSIBLE 6I
invalidation from service, subject to a maximum of 300 days and the cash
equivalent payable shall be the same as in sub-rule (2) of Rule 39.
(2) A Goyernment s€ryant not in permanent employ or quasi-perma-
nent employ shall not, howeyer, be granted cash equivalent of leave salary
in respect of hatf pay leave standing at his cr€dit on the date of his invali-
dation from seryice.

39-C. Payment ofcash equivalent of leave salary in case of

death, etc., of Government servant
In the €yent of the death of a Goyernment seryant while in service or
after retirement or after final cessation of duties but before actual
receipl of its cash equivalent of leave salary payable under Rules 39, 39-A
and 39-8, such amount shall be payable-

(i) to the widow, and if there are more widows than one. to the
eldesl surviving widow if the deceased was a male Government
servant, or to the husband, if the deceased was a female Goyern-
ment s€rvant;

ExpLANATroN. The expression .,eldest surviying widow', shall be

construed with reference to the seniority according to the date of the
marriage of the surviving widows and not with reference to their ages;

(ll) failing a widow or husband, as the case may be, to the eldest
surYiYing son; or an adopted son;
(ri;) failing (i) and (li) above, to the eldest surviving unmarried
daughter:
(n, failing (r) to (irl) aboye, to th€ eldest surviving widowed
daughter;
(v) failing (i) to (iv) aboy€, to th€ father;
(vi) failing (i) to (v) atrove, to the mother;
'[ (,i, failing (l) to (yi) aboye, to the eld€st suryiving married daughter;
(viii) failing (r) to (vii) above, to the eldest survivlng brother below the
age of eighteen years;
(rr) failing (i) to (viil) aboye, to the eld€st surviving unmarried sister;
(;r) failing (i) to (tu) above, to the eld€st surviving wldowed sister;
and

l. Substituted vrds C.1., Dept. of Per. & Trg., Notjficarion No. F. No. I lol2/t2009-Esr!.
(L), dated t]rc lst December, 2009. published as CSR 170 iB lhe Gazettc of India, dated the 5rh
Dccember. 2009. Tales effect from l-9-2008 ,rd€ O.M., dared 25-9,2008 --tp? CtD (12) below
Rule 39 (D).
62 SWAMY'S LEAVE RULES I RULE 39-D
-
(ri) failing (r) to (x) above, to the eldest child ofthe eldest predeceased
son. l
r39-D. Cash equivalent of leave salary in case of permanent
absorption in Public Sector Undertaking / Autonomous
Body wholly or substantially owned or controlled by
the Central / State Government
A Government s€rvant who has been permitted to be absorbed in a
service or post in or under a Corporation or Company wholly or substa[-
tially owned orcontrolled by lhe Cenlral Government or State Government
or in or under a body controlled or linanced by one or more thrn one such
Government shalt { ] be granted sa o motuby lhe z\lhority competent to
grant leave cash equivalent ofleave salary irr respect ofearned leave at his
credit on the date of absorption subject to a maximum of '[ 300 days ]*
4[ ]. This will be calculated in th€ same manner ss indicated in Clause (D)
of srb-rule (2) of Rule 39.
5NorE.- The expressio[
'perma[ent absorption' used in Rule 39-D
shall mern the appointment ofa Government servant in a Public Sector Under-
taking or an Autonomous Body, for which he had applied through proper
chantr€l and r€signs from the Government service to take up that appoiltmenL
AurHoRS' NorE.- Cash equivalent of leave salary in respect of Half
Pay Leave is also granted.- Refer GID 5-D below.
GOVERNMENT OF INDIA'S DECISIONS
(l)Cash equivalert of l€av€ salary for earned leave to be paid in
cases ofvolultary retirement / premature retirement / invalidation €ven if
tb€ perioq goes beyond the date of superannuation. Under Rule 39 (5) of
the CentrCl Civil Services (Leave) Rules, 1972, a Govemment seryant who

l. Rule 39-D inserted, vide Gl., Dept. ofPer & Trg.. Notification No. I 3026/2/90-Estt. (L),
dated the 22nd October. 1990. published as GS.R. No. 55 in the Gazetle of lndia, dated the
26th January, l99l.
2. Th€ words "ifsuch absorption is declared by the Gov€mment to be in the public interest"
del€ted,vr& GL, Dept. of P€r & Trg., Notification No. 13026/2,90-Esn. (Leave), dated the 20th
April, 1993, published as GS.R. No. 225 in the Gazrne of lndi4 dated the 8th May. 1993 and
takes efrcct from the 26th day of January, 1991.
3. Substituted for '240 days" vide G L, Dept. of Per & Trg., Notification No. 13026/l/99-
Estt. (L), datEd the 18th April, 2002, published as GSR I49 in the Gazette oflndi4 dated the
2Nr Aptil, 2002. Takes effect ftom I -7- I 997 vide O .M . dated 7 -10-1997 .
4. Omitred vrde G I., Dept. of Per. & Trg., Notification No. F. No. I l0l2/l/2009-Estt. (L),
dated the I st Decemti€r, 2009, published as CSR I 70 in the Gazette of lndi4 dated rhe 5th Decamber,
2009. Tak€s effect from I-9-2008, vde GID (4) below Rule 26.
5. lns€rred vrde GL, Dept. ofPer & Trg., Notification No. F. No. 13026/32011-Estt. (L),
dated lhe 28lh March, 2012, published as GSR 255 (E) in the Gazette of India dated the 2Eth
March,20l2.
t See GID 5{ below.
RULE 39-D ] KINDS OF LEAVE DUE AND ADMISSIBLE 63

voluntarily retires or is retircd by the Govemment, is entitled to cash equivalent

ofth€ leave salary in respect of eamed leave at his credit, subject to a maximum
of I 80 days (now 300 days) nd also in respect of half pay leave, provided that
this period (eamed leave p/ns halfpay leave) does not exce€d the period between
the date on which he retires and the date on which he would have raired in the
normal course on attaining the age of superannuation. The encashment is to be
allowed for Eamed Leave followed by HalfPay l€ave. Similar provision also
exists in Rule 39-B ibid in the case of persons invalidated from services.
Cases have, however, come to the notice ofthe Govemment where some Govern-
ment servants retiring under the contingencies mentioned above have not be€n
able to get encashment even in respect of the unutilized €amed leave at their
credit because of the restriction on encashment being limited to the period
between the date ofactual retirement and the date of superannuation.
2 . The matter has b€en examined in consultation with the Ministry ofFinance,
and the President is pleased to decide, that encashment ofEamed Leave due arrd
admissible subject to a maximum of 180 days (now 3O0 days) may be allowed
in cases ofpremature / voluntary retirement or retirement on invalidation, even
ifthis exceeds the period between the date on which the officer retires and the
date on which he would have retired in the normal course on superannuation.
3. In so far as persons serving in the lndianAudit and Accounts Departrnent
are concemed, these orders issue in consultation with the Comptroller and
Auditor-General of India.
4. These orders will be applicable to persons who retire on or after the date
of issue ofthis letter.
5. Formal amendmentto the relevant provisions ofthe rules incorporating
the above decision is being issued separately.
I GL, D.P & A.R., O.M. No P 14025/l I /82-Estt. (f-eave), dated the 25th August, 1983. ]
(2) Cash equivalent may be granted by subordinate authoritiesto whom
leave saDctiotring powers have been delegated.- The undersigned is directed
to refer to Paru. 3 (e) of the Ministry of Finance, O.M. No. l4028ll [|l-E.lV (A),
dated the 29th October, 197'1, according to which the autiority competent to
grant leave shall suo motu issue an order granting cash equivalent of eamed
leave at credit ofthe Government servant on the date of his retirement. The
doubt arose whether any subordinate authority to whom the authorities listed at
(r) to (rv) of ltem I of First Schedule to the CCS (Leave) Rules, 1972, has
delegated powers to sanction leave, subject to some conditions / restrictions
would also be competent to issue orders granting cash equivalent of earned
leave at the credit ofthe Govemment servant, subject to the restrictions iniposed
for th€ grant ofeamed leave to various categories.
2. It is clarified that the authority competent to grant the entte eamed
leave at the credit ofa Govemment servant on the date ofhis retirement would
be competent to issue an order granting cash equivalent ofsuch eamed leave as
also the authority to whom the powers to grant earned leave have been delegated
under the relevant delegation orders.
. I GL, M. H.A.. O.M. No P 14028/29-E IV (A)/78 (LU), daled the 3l st Dec.mber, 1980. ]
64 SWAMY'S LEAVE RULES I RUI-E 39.D
-
(3) Benefit of increment falling due during leave in the case of death
while oltl€ave. According to Rule 40 of the CCS (Leave) Rules, 1972, a
Government servant who proceeds on eamed leaye or commuted leave is
entitled to leave salary equal to the pay drawn immediately before proceeding
on earned leave or commuted leave. Similarly, a Government servant on hali
pay leave or on leave not due is entitled to leave salary equal to halfthe amount
specified above. Consequently, if the normal date ofincrement ofa Covemment
servant falls during a period when he remains on eamed leave / commuted leave /
halfpay leave / leave not due, the benefit of such increment is actually paid to
him only from the date hejoins duty on expiry ofleave though the actuil date of
next increment remains unaflected. The StaffSide ofthe JCM National Council,
have proposed that if in such cases the Government servant concemed who is
on leaye dies without joining duty, the increment which fell due from a date
falling within the leave period may be taken into account for the purpose of
calculating leave salary, etc.
2. After careful consideration of the proposal of the Staff Side, JCM,
National Counciland having regard to all relevant factors, the President is pleased
to decide that in the case ofa Govemment servant who dies v/hile on anv kind of
leave forwhich leave salary is payable. a Iumpsum ex graria payment, in addition
to the normal entiilements under leave rules. may be allowed to the member of
his fam-ily- as specified in Rule 39-C.The ex graiiapayment shall be equivalent
to the difference between the amount of leave salary as well as cash equivalent
of leave salary admissible as per rules and 39-A of CCS (Leave) Rules, 1972
and the amount ofleave salary as well as cash equivalent of leave salary which
would have been admissible ifthe benefit ofthe increment falling due during
currency ofleave period uptii date ofdeath was allowed fiom its duelate without
waiting for rejoining duty ofthe Govemment servant. The Head ofthe Departsnent
r-nal !lsu9 lhe necessary order sanctioning the amount of ex gratia in each
individual case.

3. These orders will take effect fiom the firsr ofthe month in which these
are issued.
I Gl., Depr. of Per & Trg.. O M. No. l6l Ijl88-Es$. (pay-l). dated the 6rh February, 1989. ]

(4) Applicable to re-€mploy€d pensioners also. lt has been clarified

that the proyision of Rule 39-A is applicable in rhe case of re-employed
pensioners also.
l GL, M.F.. O.M. No. l6 {9)-E. iV (A)/7.1, dated the 2,+rh Juty, 1975 l

(5) Cash equivalent for Earned Leave and Half pay Leave subject to
orerall limit of 300 days. Consequent upon the decisions taken by the
Govemment on the recommsndations of the Sixth Central Pay Commiision
relating to encashment of leave in respect of Central Government civilian
employees, the President is pleased to decide that in supersession ofall earlier
orders on the subject, both Eamed Leave and Half Pay Leave shall be consi-
dered for encashment of leave subject to overall limit of 300 days. The cash
 RULE 39-D] KINDS OF LEAVE DUE AND ADMISSIBLE 65

€quivalent payable for Earned Leave shall continue unchanged. However,

cash
equivalent payable for Halfpay Leave shall be equal to leave"saiurv a" aamirsiUfe
lor,Halt Pay L,eay nlus. Deam€ss Allowance admissible on the leave salary
wrthout any reduction being made on account ofpension and pension
ecuivalent
ot other rettrementtenefits payable. To make up the shortfali in Eamed Leave,
no commutation of Half Pay Leave shall be permissible. The cash eouivalent
lor..halt pay leave component shall. henceforth. be calculated in the manner
indicated below:-
Halfpay leave salarv admis-
sible on the date ;f retire-
Cash payment in liell of menl p,lur Deamess Allow- Number of days of half
halfpay leave compo- ance admissible on that date pay leave al credit subiect
nent to the total ofearned leave
l0 and HPL 6t credit not
exceeding 100 days
2. These orders shall take effect fiom 1st September, 200g.
3. Formal amendments to the Central Ciyil Services (Leave) Rules, I972
are being issued separately.
I GI , Depr. of Per. & Trs._ O M No. 14028/3/2008-Estr. (L), dated the 25lh September,
2008 l

(5-A) Extension ofthe reyised orders on encashment ofEarned Leave

-
and HalfPay Leave to industrial employees._ It is directea toiiate tirat ttre
matter regarding extension ofrevised ordirs on encashment of Eamed
Leave
and HalfPay Leave to industrial employees at par with the non_irarstiufC.nt
af
uovl,nm:J't empfgyees covered by the CCS (Leave) Rules, 1972 has been un{er
consroeratron ot thls Deparunent. It has been decided in consultation with
the
MrnrsEy ot tinance (Department ofExpenditure) lo exlend the provision ofthis
Deparfrnent's o.M. No. 14028/3/200E-Esft.(L), dated the 256 sipi..u"i, zoot,
mutatis mutandis t.o indusrrial emplol ees of Ministries / Deparnient other
lhan
Rartways. Accordingly, industrial employees shall be entiiled to encash
both
Eamed I eave and HalfPay Leave, subject'to overall limit ofJ00. Cash equlvalent
payable for Earned Leave shall continue unchanged. However, cash equivalent
payatle for Half Pay Leave shall be equal to leive salary admisiible'ior uaff
Pay Le.ave plus Deamess Allowance admissible on the leave salary wirhout
any
reduction being made on account of pension and pension equiv;le;; ;f other
retirement.benefit payable. To make up for the shdrtfa in gamiJ no le*",
commutation of Half Leave shall be allowed. This Departmenr.s O.M. No.
14028/25/94-Esfi. (L), dated the 7,h Ocrober, 1996 stands ;mended ro rhis exrent.
2. This order shall take effect from the date of7_l l-2006, the date ftom
which accumulation and encashment of300 days EL were allo*"J1oif,l.n
subject to the follou ing conditions:
*a
(i) The benefit will be admiss.ib^lein respect ofpast cases i.e. relating
ro
period with effect from 7_ I I-2006 ro till dare. bn receipt
otappiicarions
to thar effecr from rhe pensioner concemed Uy tfri ea"ii'nirt arlue
Mlntstry concemed.

LR-5
66 SWAMY'S LEAVE RIJI-ES I RULE 39-D

{,i)
' ln resDect of retirees (retired after 7-11-2006)' who have already
receivld encashmenl of eamed leave of ma,rimum limit of 300 days
together with encashment of HPL standingat their credit on the date
ofietirement, such cases need not be reopened. However. such cases of
Governmeniservant considered as lndustrial emPloyees retiring after
'1-11-2006- in which there was a shortfall in reaching the maximum
limit of300 days can be reoPened.
&Trg.O.M No. l20l 2/3,/2009-Lstl (l-) dated the 28th December 2012
IGl..Dcpt of Per. 1

l5-B) Encashment of HPL is not admissible to GoYernment servants

.ou.i.d ,nd., Rule 39 (6) (a) (rl) ofCCS (Leave) Rules. 1972 Hence' O M'
No. i+oztl:lzooe-estt. iLi, d;tad 25 -9-2 008, (G ID 5 abo'e) does not supersede
the provisions ofthe said rule.
f G I . DeDt ofPeI & Tr.s., Lcttur No 14028,'3,'2009-Es1t' (L) daled the lsth March
2009
ro s*amr Publishers (Pl I ld . Chennat-600 018 I

(5-C) Encashment of leave Date of effect modilied to l-l-2006

insre;d oi l-9-2008.- Reference -
is invited to this Department's O M ofeven
nr.I"t, aut"O 25-9-2008 on the subject mentioned above according towill which
ofleave in respect oftenfal Govemment Employees be
"ri"tf,rir"rtUott fot Eamed Leave and HalfPay Leave subject to overall limit of
"onilA"i"a
iOO aux una in respect of encashment of H ali Pa1 Leave. no reduction shall be
rnuaa o'n ua.ount oipension and pension equivalent ofolher retirement benefits
in case ofstrortfatt in'eamed leave, no commuution ofhallpay leave is pemrissible'
The order was made effective iiom the lst Septembe( 2008 The matler was
reconsidered in this Depanment in consultation *ith the Depaflment of Expen-
Olt-uie (lmplementation'Cell) and it has been decided to modifr the date ofeffect
oiit o"iu.t-"nt's O.M. ofeven number, dated the 25th September, 2008 to
" instead of l-9-2008 subject to the follou ing conditions:
l- t-2006
{i.l The benefit will be admissible in respect ofpast cases on receipt of
applications to that effect fiom the pensioners concemed by the
Administrative Ministry concemed.
{ lll' tn resDect ofretirees who have alreadl received encashment of Eamed
Leave of maximum limit of300 days together with encashmentof
iiL standing at their credit on the daie ofretirement, such cases need
not be reopeied. However' such cases in which there was a shortfall
in reaching the maximum limit of 300 days can be reopened'
{ril)
' Calculation ofcash equivalent in respecl of HPL at credit shall be
mtade mutqlis muan dii in the manner given in this Department's O
M'
even number. dated 25-9-2008.

2. [n respect ofDersons serving in lhe Indian Audit and Accounts Depan-

menti, thise d.Ms. isiues with the concurrence ofthe Comptroller and Auditor-
General of India.
(L) datedthe l6lh November 2009' ]
IGL, Dept. ofPer &Trg.'O.M No. 14028/3/2008-Estt
 RULE 39-D] KINDS OF LEAVE DUE AND ADMISSIBLE 67

(+D) Encrshment of leave to be granted to Goy€rnm€nt servants

on their appointment in Central Public Enterprises,- The undersigned
is directed to state that this Department has been receiving references irom
various It4inistries, Depanments seeking clarificarion .egirding the entitle-
ment to leave encashment on appointment of Governmentlervants in Centml
Public Enterprises.
2.As per DoP&T, O.M. No.280 t615/85-Esn. (C), dared 3l -1_ 1986, appoint-
ment ofan officer in a Central Public Enterprise after acceptance ofhis reihnical
resignation from Govemment is treared as immediate absorption. As Der the
terms and conditions contained in this OM, a Central Govemmlnt servanitaking
appointmenl in the Central Public Enterprises on Immediate Absorption basii
was entitled to encashment ofEamed Leave to his credit at the time of;cceotance
ofhis resignation from Government Service, subiect to a limit of I g0 davi. Half
Pay Leave stood forfeited. (The limir of Eamed Leave which could'be thus
encashed was later raised to 300 days).

. 3. It is clarified that as per Rule 39-D ofthe CCS (Leave) Rules, 1972, the
calculation ofleave encashment in case ofpermanent absorption in public Sector
Und€rtaking / Autonomous Body wholly or substantially owned or controlled
by the Central / State Govemment will be as per Rule 39 (2) (6) which has
been amended vide Notification GSR 170, dated l-12-2009 io read as under:

The cash equivalent ofleave salary under Clause (a) shall be calculated as
follows and shall be payable in one lumpsum as a one-time senlement

Pay admissible
on the date of
retirementp/rs Number of days of unutilized
(D Cash Deamess Allow- earned leave at credit subiect to
equivalent ance admissible the total ofeamed leave and Half
for eamed on that date Pay Leave at credit not exceeding
leave x 300 davs
30

HalfPay Leave
salary admissible
on the date of
(lr) Cash retirement p/a.t
payment Deamess Number of days of Half Pay
in lieu of Allowance Leave at credit subject to the
HalfPay admissible total of Eamed Leave and
Leave on that date Half Pay Leaye at credit not
component x exceeding 300 days.
30

No commutation of Half Pay Leave shall be permissible to make up the

shortfall in Eamed Leave.
6tt SWAMY'S I,EAVE RULES I RI]I"E 39-D
-
4. All Ministries / Departrnenls may note for further action accordingly.
I GL, Dept. 01'Per. & Trg.. O.M. No. 14028/3/201 I -Estt. (L). daled lhe 24th May, 201 L ]

(6) DA / ADA increase with retrospective effect also sdmissible.-

Reference is invited to Rules 39. 39-A and 39-B of the CCS (Leave) Rules.
1972. wherein it has been provided that the cash equiYalent ofleave salary which
becomes payable on retirement at the time offinally quifting the servic€ is to be
paid in one lumpsum as one-time seltlement.
2. A number ofreferences have been received in the Dept. ofPer. & A.R.,
seeking clarification as to whether any increase in DA / ADA sanctioned by the
Government with rehospective effect will be admissiblc to those Government
servants, who have already been paid leave salary in one lumpsum as one-time
settlement. The words "payable in one lumpsum as one-time settlement" occurring
in the Rules should or need not be taken to mean that ifany increase in Dearness
Allowance / instalment ofADA is allowed after the final settlement, but with
retrospectiye elfect, it should be denied to the employee who was in service on
the date from which such increase was made applicable. lt is hereby clarified
that if any increase in DA/ADA is sanctioned by the Government with
retospective effect and the Govemment servant concemed was eligible for the
same on the date ofhis retirement / quitting service, then the difference between
the leave salary already paid and leave salary payable according to the new
rates will be admissible to the Government servant concemed, notwithstanding
the fact that one-tim€ settlement had already been made prior to the date of
issue oforders regarding the increase in DA/ADA, etc.
I Gl.. D.P & A.R , O.M. No P 14028/l l /81-Estt. (L). dated the 8th March, 1982. 1

(7) Exemption from lncome Tax..- (o) Payment untler Rules 39 and
39-8. In computing the total income ofa previous year ofany person, any
income falling within any ofthe following clauses shall not be included.

(10-AA) (r) Any payment received by an employee of the Central

Govemment or a State Government as the cash equivalent ofthe leave salary in
respect ofthe period ofeamed leave at his credit at the time ofhis retkement on
superannuation or otherwise.
I Sections 10, l0-AA (i) of lncome To( Acl, l 16l, extract. ]

(b) Palment under Rule 39-A. The Board have been advised that this
reccipt in the hands ofthe family is not in the nature ofone from an employer to
an employee. The deceased had no right or interest in this receipt. This payment
is only by way of financial benefit to the family or the deceased GoYernment
servant, which would not have been due or paid had the Govemment servant
been alive. In view thereof, the amount will not be liable to income tax.

I GI. C.B.D.T.. Ctcular No 309, dated the 3rd July, 1981. l

 RULE 39.DJ KINDS OF LEAVE DUE AND ADMISSIBLE 69
(8) Leave accumulated while in ApS and brought
forward allowed
encashment.- The question. whether on repatriatioi of Sirffl On,"e.s for
from
Ars to Departm€nt olposts. Ieave accumulated in ApS can be allowed to be
orougnr rorward has been under consideration. It has now been
decided in
consultation with Deparrment of personne |
-O frairirg- VLnir-t v o'i U.ten..
and Minislry of Finarice that teaue accumut"t.J r, ai;s ."i,jii'irli,jr,, ro**a
on repatriation (ofstaff) to the Department ofposts bur suchtirr*i,,'i".*u.o.a
leave sna be a owed to be carried foi-u arC for encasltmenl
only-at the rime of
rerirement/superaruruarion_andnotforavaitr.nr,uUL..rrottli,ix.i_u,nf,mir
(prescflDeo lor leave encashment) under the CCS (Leave)
Rules, The Icave so
accumulated tn sen,rce in ApS should be kept in a different
record and a remark
should_be made in the Service Book indi""tii.,g tt it
*u,thii;orr;iliui" ,o,
availed of in APS and wil be treated as leiue foi il"ii= ir."rl-rn"rt,
subject to limits prescribed for encashment from timeioiim.. "-*-"*
orf,
This issues with the concurrence of Intemal Finance, vrde their
t.R. No.
408-FAP/88, dated 29- I -l 988.
I(i.t., Depl. ofposts. Lr No.87/l/87_SpB-U, dared the l6th February, 1988. l
(9) Annual Allowance to CHS Doctors caonot
- be taken for comoutation
of encashment of leave. with reference ro Len.. N". a_itoill
dated 25-2- 1988, on rhe subjecr noted above, it tras uein diiiaei-iricinsuttationV
iiiilcns.
with the Ministry ofFinance aad Departmeni of personnel and frulninn
annual allowance granted to Cenrrai Health Service Doctor; fo;;;;;;mic
tt u, tt .
and
research pursuits may not be aliowed during periods ofleau"
oit _
Ieave up ro I20 days. "itt "u-"a
. 2. [his^allowance may also not be allowed for computing the amount ot cash
equryarcnrot teave satar) tn respect ofeamed leave at cred it at the time
ofret emenr
I Gl., Min. ot Heat0 & I.:$:., O.M No. A.27023l3/8rcHs. V dated dle 28rh Juty,
l 1989.

l0) Treatment of HeadquarterAllowance._ [ am directed to for$

(
,
phorocopy ofDop & T, tD No. I 4028/ I /2005_Estt. (L), part
ard a
Fite, Oatea Z_C_ZOOS
on the aboye subject.
2. The clarification on the issue was sought by DeparBnent of Teiecom
fiom Department of personnel and Training. ti' oqi".mr'"ri-rii;Lsts.
irre pr_r
Directorate has also raken up a similar issie for cllarificiiion. in-vilw'or
tne
.^,fl::i:l]^"1 Deptrtment of relecom by Dop & r, the Headquarter
_cly:l,ro.
Alowance ts not to be taken into account for calculating leave encashment
binefits
at the time ofretirement. The said clarification may -bi ioli"*"A
,.-prj"rrfy.
IC 1., Depr. of posts, Lr No. I- 10/2004_pAp, dated the qh December, 2005 ]

.. (ll) Cash payment in lieu of unutilized earned leave on the date of

retirement to the Central Goyernme employees *t o
retir-edas a measu re of.punishment uraer trrle oisciplinary".e
comfriso.ity
or lhe rnstruct ions issued by this Department yrde o. M.
irr"i,"tin ,..rn,
(L). dared 22-6-1987- a C6rernmerit servant. No. t +Oza7 r slde_ i .ru.
who is compulsorily relired as a
measure of punishment under disciplinary rutes
anO tt. OIrc"rpii",".y
"rifr_ity
70 SWAMY'S LEAVE RULES [RULE 39-D

has imDosed anv reduction in rhe amount of his pension (including gratuity)
*i* [r]" aO [,t tt e cCS (Pensions) Rules. 1972. he is not being allowed
encashment ofleave on such retirement.
2. The demand ofthe StaffSide to allow encashment of unutilized eamed
leaye to those Central Govemment employees. who are compulsorily retired
as
whose cut In pension ( Including gntuity)
u-rn"**a oiprnitftmenr and in case a
tui U"* *ior.a by the Disciplinary Authoriry' has been reconsidered in
in
such
.o"*f,uti." ititt ttte'vinistry of Finanie lt has now been dec ided that
of
iases where the Gol ernmeni seruants are compulsorily retired as a measure
ounirhaant -d in whose cases even if a cut in-pension { including gratuity) has
[".n .Gi"a, the benefit of encashment of eamed leave at the time relevant of such
i"itl."nt tt utt U. ullowed. It has accordingly been decided to delete the
Rule 39 (5-A) ofCentral Civil Services (Leave) Rules, 1972
3. ln so far as persons serving in the lndian Audit and Accounts Department
tnld issues after c6nsultation with the Comptroller and Auditor-
"." "oni"*"d.
General of India.
4. These orders will be effective from the date ofissue'
(L). dated lhe l3th February' 2006 ]
I GL, Dept. ofPer & TE., O.M. No. l4O2E/12004-Estt

(12) Order of eligibitity of relations for encashment of leave in the

.""ni-# Co"".o.ent-servants dying in harness'- Consequent upon the
decisions taken bv the Government on thie recommendations ofthe Sixth Central
F", Co-rni.ii"r't"lating to eligibility for encashment of leave. the President is
oldased to decide that for purposes of payment of encashment ol leave to a
i.iir" ari* i, hamess under ihe proviiions of Rule 39-C ofthe centralasCivil
Si*iiesif-"'auel nules, 1972, the imount should be paid to the relations per
the following order:-
1l) widow or the eldest surviving widow (with reference to the date of
marriage; or husbandl
(2) the eldest surviYing son or an adopted son:
(3) the eldest surviving unmarried daughter;
(4) the eldest surviving widowed daughter;
(5) the father;
(6) the mother;
(7) the eldest suviving married daughter;
(8) the eldest surviving brother below the age of l8 years;

(9) the eldest surviving unmarried sister;

(10) the eldest surviYing widowed sister; and
(ll) the eldest child ofthe eldest predeceased son'

2. These orders shall take effect from lst SePtember, 200E'

 RULE 39-D] KINDS OF LEAVE DUE AND ADMISSIBLE ]1

3. Fonnal amendments to the Central Civil Services (Leave) Rules, 1972

ar€ being issued separately.

[ G.1.. Depr of Per & Trg., O M. No. t4028/3/2008-Estt. (L), dated the 25rh S€plcmber,
-^^^
2008. I

(I3) Timely payment of dues of encashment of leave to Government

srrvrnts retiring on attaining the age ofsuperannuation _ need to obyiate
delays in payment of such dues.- It is directed to state that in terms of the
provisions of Ru le 39 of the CCS (Leave) Rules, 1972, the authoriry comDetent to
grant leave is suo moru required to issue an order grantinq cash equiJalent
of
leave salarl for both earned leave and halfpay leav-e, ifan-y, at rhe iredil olrhe
Covemment servant on the date ofhis retirement. subject to ihe prescribed limits.

2. lt has since been brought to the Dorice of rhis Departsnent that the
concemed administrative authorities as indicated in First Schedule to the said
rules incl 'ding authorities subordinale to the leave sanctioning authoriries to
whom such powers have been delegated, are not ensuring thit the dues, as
admissible to a Govemment servani retiring on attainingithe age of super-
annuation, are promptly paid. This has led toivoidabte liti-gation ihere courts
have been directing pa),ment ofinterest on such delayed p{..rnents. It has been
observed fiom the references received in this Department ihit the delavs in such
pa),rnents are predominantly due to avoidable adminisrrative reasons rilating to
processing of such cases.

3. It is fiirther stated that the Leave Account of a Govemment servanr is a

dynamic document which is requbed to be revisited periodically lo record credits
of Earned Leave and Half Pa1 Leave in terms of provisioni of Rules 26 and
29 of the CCS (Leave) Rules, 1972 wlth entries made on each occasion the
Govemrnent 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
ofthe Covemment servant and a constant check maintained to ensure that the
total accumulations at any given tinre do not exceed 300 + l5 days.

4. Delays in reckoning the leave accumulations atthe credit ofGovernment

servant at any stage. panicularly al the time ofhis retirement on suDerannuation-
cannot be acceptable and can be construed as adminis$ative lapse. liable to
attract provisions ofthe CCS (Conduct) Rules. 1964 and CCS (CCA) Rules, 1965.
All cases of delay may be looked into and delays in disbuisemjnt of dues to
Government servants retiring on attaining the age ofsuperannuation be avoided.

5. The administrative aulhorities may consider putting in place a mechanism

to check such delays and define varioud processing parimeters and time_lines
viz.. is-suance of orders in respect of suih retiriniGovernment servants who
haye 300 + I 5 days eamed leave at their credit on the 20d ofthe month in which
they are-retnng as any leave availed by such Govemment servants shall not
rmpact the maximum ceiling.of encashment ofsuch leave even ifany
reqr.rest
rs made lbr grant ofearned leave during the said period. The possiUiliil
of
e-tansfer ofdues can also be worked out in-consultation with rerp.iri"i-iAaOr.
'72 SWAMY'S LEAVE RULES I RULE 40
-
6. Alt Ministries / Departrnents are accordingty advised to bring the position
..f.o"d io in tt it oM to'the notice of all concimed from the pe$pective of
ensurins that the dues of leave encashmenl in respect of Govemment servants
i.iiri.n'"" utt"i"rg the age of superannualion are discharged with due
;;;;;fr;. lt may 6'e ensur-ed that ianction orders' in this regard are issued
G"ti- io tt at Ou"i aAmissible to the Govcmnc;'it servanc cn attaining the age
o?ruiira*"uutlon. on account ofencashment ofleaYe, are discharged as soon
;'p-Jssibl", prefeiaUfv on the next working day following the date of their
retirement on suPerannuation.
(L), dated the 2l st October' 2013
I GL. Dept ofPer. & Trg.. O.M. No. I E0l9/6/2013-Esn'
1

40. Leave Salary

l(1) ExceDt as Drovidcd in sub-rule (7), 8 Government servant who
oro"""ds oo .".ned ieave is entitled to leave salary equal to the pay drawn
immediately before proceeding on earned leave.
NoTE.- In resPect ofany period spent on foreign service out,oflndia, the
Dav which the Covernment servant wouid have drawn ifon duty in lndia but for
ioi"ign i.;i.. *t of lndia shall be substituted for the pay actually drawn while
calculating leave salarY.
(3) A Government servant on half pay leav,e or.leave not.dueis ertitled
to leave salary equal to half th€ amount specified in sub-rule (l)'
(4) A Governm€nt servant on commuted leave is entitled to leave
salary iqual to the amount admissible under I sub-rule (l) ]'
(5) A Government servant on extraordinary leave is not entitl€d to
any leaYe srlary.
(6\ Deleted.
(7) (a) Deleted.
(b) Deleted.
(c) In the case ofa Covernment servant wlto is granted leave earned
by him during the p€riod of reemploymenl. the -leave salary
siall be based-on the pay drawn by him exclusive ofthe pension
and pension equivalent of other retir€ment benefits'
{8) ln the casc of a person to whom the Employees'State Insuranc€
ect, lsag (34 of 19481 applies, leave salary payab-le during leave, other
it ri t.ut", shait ni reoucea uy the amount ofbenefit payable rnder
"u.n"it
the said Act for the corresponding pcriod.
(9) (c)' lf. in the case of a Government serlatrtwho retires or resigns
from the service, the leaYe already availed of is more than
l. Subslrruted for lhe prevlous sub-rules(l) and (21. vtde GL M'F'' Notillcation No
r o rjr:i w'ieiru, i"i.a'i* iirt o.t.u*. l9i6 and rales effect ftom the lst March l975
Sub-rute (2) deemed to have been delcled'
 RI,'LE 42 ] KINDS OF LEAVE DUE AND ADMISSIBLE 73

the creditso due to him, Dec€ssary adjustmentshall be

mrde
in respect ofleave salary ifany, overdrawn.
(b) Wrere the quantum ofeartred leave already evailed ofby
a Government servant who is dismisseO or'.emo"eU
frorn
s€rvice or who dies while in service is in excess ofthe leave
credit under Clause (6) ofsub-rule (2) of Rule 27. the oyer_
payment of lerye salary shall be recoyered in such cases.

GOVERNMENT OF INDIA'S DECISIONS

(1) Benefit of increment falling due duritrg lesve in the crse
of desth
while on leave.- please see GID (3ibelow Rule-39.
(2) Risk Allowance forms part of leave salary._ With reference
to O. M.
)::,r,l9l?1y^q?.-Tl ). dat;d,the
_(Al wherher I etti0iilis".t: iilr'. ."u1*,
menuoned above. the question the fusk Allowance allowed to the ",'ii. v arious
categories ofemployees should form part of the t_.uu" Silu.v
o, not.'iu, u".,
unoer conslderatron. lt has now been decided in consultation ,"ith
the M in istry
of Finance (Depaftnent of Expendirure) that ti,. : n i[ af f o**".::L_,.a
,o
,t1:.:^T1,.",y_.::
*h*e duty invotves risk shalt be treated as an Altowai'ce during
leave m,lhe same manner as Co-mpensatory Allowance is allowed
in addition t6
19lu,] q*pg]he period ofteave. However, the RiskAllowance so allowed
l:1y.
wIlr rotte admrsstble lbr calculating benefit ofencashment
ofleave like House
Kenr. A owance / CompeDsatory (City) Allowance.

lGL,Depr.ofPer&irg,O.M.No 14026/,t/89_Esn. (L), daredthe lorh Juty, 1990.1

41. Drawal of leave salary

The leave salary payable under these rules sha[ b€ drawr in rupees
in India
42. Advance of leave salary
s€rvant. including a Covernmear servart on foreign
"^_ ,1^9:::"r.ll*t
servrce, proce€dmgon leave fora period not less than thirtydays
may beallowid
an advance in lielr of leave salary up to a month.s pay'and allowances
admissibl€ on rhat teave satary subjeci to OeOuction, o'nlc;;;;;ii;"r_"
Tax, Provident Fund. House ilent. Recovery oflO"rn""i, "'
"i".'''
GOVERNMENT OF INDIA'S DECISIONS

- (1) General Conditions. It has been decided to accept the recorrmen_

dation ofthe pa1 Commission subjecl to lhe i"fi""l"g."ralil""i, '--" '
(r) No advance_may be granted when the leave taken is for less
than a
month / 30 days.
(ii) The amount ofthe advance should be restricted to the
net amount of
teavr salary for the first monrh of leave rt ur i.
uo_irri . to
"iiiiiv
the Govemment servant after deductions rn u."orniirifn"orn.
r*_
 SWAMY'S LEAVE RULES I RULE 42
14 -
that
Provident Fund, House Rent, Repayment ofAdvances, etc ' so
there is no financial risk involved'
(iii) The advance should be adjusted in full in the leave salary bill in
'"" .*r""t oitr," teave availed oi ln cases where the advance cannot be
payment
* iai*t"o in n tt, tle balance will be recovercd from the next
of piy oriand leave salary.
iv) The advance may be sanctioned by the Head ofthe Oflice or by any
"-'
{
;;i';;;rb;.di;;ie ofrtcer to whom the power mav be sp-e-ciallv
delegated, both in the case ofGazetted and Non-Gazetted oftrcers'
(v) Officers who are Heads of Offrces may sanction the advance to
themselYes.
{vi) Advances in respect oftemporary and quasi-permanent Government
'' '
ti*-i rn"v ui'sanctioned without the Surety ofa permanent Central
Government servant.
{vir) The amount of advance will be debited to the Head of Account to
'' ' fi"[ the;t etc., of the GoYemment servant is debited and the
udvance will be watched through objection book
^Jiutt "nfoitt"Oflicer
hJthe Accounts concerned
(v;ir) Advances under these orders shatl be sanctioned in whole rupees'
(rx) The usual deductions on account of Income Tax, Provident Fun4
'-'' iouse nent, nepayment ofAdvances, etc',.mal be effected from the
Orty p"v *fiiif, *t6 Oovemment servant will draw for the ponion
of
th"'nioiitt in which the leave commences if the period of duty is for
i-t . .ijoi pu.t ofu.onth Otherwise, such deductions
may be made
from the leave salary.
and the l2th
lGl.. M.F., O.M. No. F. ? (75)-E. lV (Ay60, dated the 3td August' t960
January, 1961.l

NorE l.- Leave salary advance may also be allor'ved to Central Covem-
."nt'.Jri-tt tt-.f".tiJ tJmporarily to posts other than und€r Central CiYil
DeDartsnenb. The borrowing authority should be informed ol thrs by makmg a
ir][iG pi""itiitil"*re ierms-oroe u'arisler of the Govemment servanls concemed
t Gl.. M.F., O.M. No. 7 (75)-Esn. lv (A)/60. dated the 12th
July' 196l and Note I below
Rule 259 General Financlsl Rules I

NoTE The concession may be allowed also to State Govemment

2.-
servanfs transferred temporarily to posts under Central Civil Departments'
I G l.- M.F.. O.M. No F. 7 (75fEsn lV (A)/60. dated th€ l6th November'
196l and Note 2
rrlowhule 259- General Frnancial Rules l

(2) How early advance may be paid and mode of adjustmert'- The
following poins have been raised:-
(r) is the reasonable period prior to the comnencement ofthe leave
' ' What
;p;;hi.h,h" advanie in liiu ofleave salary should be paid to an
RULE 42 ] KINDS oF LEAVE DUE AND ADMISSIBLE 75

officer proceeding on leave, after the Head ofthe Office has certified
the date on which the officer would be relieved?
(ii) When the period ofleave (not less than one month) falls in two months,
should the advance in lieu ofleave salary be adjusted proponionally
in two months in which the leave salary is actually dril,riZ
The position is clarified as under-
(, It is not considered desirable to lay down any time-limit for the
pu4rose, as it is for the leave sanctioning authority to ensure that the
concession ofadvance ofleave salary is not abused and the time-lag
between drawal of advance and the date of actually proceeding oi
leave is not so substantial as to enable the offcer concemed to uti-lize
the advance as a sort of indirect financial aid.
(ir) The appropriate course in such cases would be to adjust a part ofthe
advance to the extent of leave salary dralir in the first biti for leave
salary or leave salary-cum-duty pay and the balance in the next bill
for similar dues. Thus the advance of teave salary will be adjusted
against the leave salary at the earliest opporhrnity and no part;fthe
advance will be adjusted from duty paton the hrst occasion ofsuch
adjustment.
I D.G, P & T.'s Letler No. 52r,63-SPB. II, dated the 30th November, 1963. ]

(3) When- psyment is _made by foreign employer.- The following

procedure should be observed inrespect ofan advanie in lieu of leave salar!
to a Govemment servant on foreign service in India:-
(r) As soon as the foreign employer pays the advance, he should place a
demand on the Accountant-General / Head ofOftice responsible for
authorizin_g / drawing leave salary duly supported by theiash receipt
obtained from the officer.
(ir) The Accountant-General / Head ofOfiice should check the corecmess
ofthe amount paid as advance and refund the amount ofthe advance
to the foreign employer by means ofa bank &aft. If it is found that
the advance already paid by the foreign employer is more than the
correct amount admissible under rules, the Accountant-General / Head
of Ofiice should reimburse only the correct amount and request the
foreign employerto recover the balance from the Governmeni servant
direct.
(ii, The amount ofBank draft should be classified under the final head to
which the leave salary is debitable.
(.v) Suitable entries should also be made by Accountant-General in his
Objection Book and the Audit Register for watching rhe adjustment
ofthe advance in the usual course. Likewise, the Headtf Offiae should
keep appropriate note in his records to watch the adjustrnent ofthe
advance from the final leave salarv.
76 SWAMY'S LEAVE RULES I RULE 42
-
(!)' The foreign employer should indicate in the Last Pay.Certificate the
outstandiig advanie so that the recovery ofthe same is not lost sight
ofby the Accountant-General / Head ofOflice.
I GL. M.F.. o M. No F. 7 (75)-E. Iv (Ay60. dated the 5th June. 1962 l

(4) Government servants on deputation aYailing leaYe.at the time of

."reition to parent Departmeot.- The following procedure should be
followed for payment and adjustment ofadvance in lieu ofleave salary in a case
/
where a Govemment servant on temporary transfer from one Depanment Govem-
ment to another avails ofleave at the time of his reversion to his parenl Depart-
ment / Government:-
(r)- As the borrowing Department would be in possession ofthe Audit
Officer's previous leave report or leave account ofthe-Covemment
servant concemed the entitlement to leaYe can be verified by the Depart'
ment with reference to the relevant documents. The palment ofadYance
in lieu ofleave salary should then be rnade by the borrowing Department,
after ascertaining fiom the lending Department the period and natue
of leave that would be sanctioned.
(ii) ln cases of transfer liom one Cental Civil De?artment 10 another
such Department and also in other cases where the rules ofincidence
in Accoiurt Code. Vol. I, do not apply. the Department paying the
advance in lieu ofleave salary would bear the charges initially The
payment ofadvance should be indicated in the LPC to enable necessary
idjustment by the Department to which the Govemment servant is
transferred.
(iii) In cases oftransfer from one Depanmenl / Govemment to another
where. under the rutes of incidence the leave salary is to be borne by
the lending Department / GoYemment, the borrowing Department /
Governmeit should pay the adYance fiom out ofits ov,/n Budget and
later raise a debit foi ihe amount against the lending Department /
Govemment. The amount thus recovered from the lending Depart-
ment / Govemment should be classified in the accounts according to
the general principles enunciated in Chapter 5 ofAccount Code- Vol ['

I Gl.. M.F., O.M No. F. 7 (l)-E. Iv (A)/65, dated the 22nd t)ecember. 1965. ]
 CHAPTER V
Special kinds of leave other than Study Leave
43. Maternity Leave
(l) A female Governm€nt seryant (including an apprentice) with less
than two surviving children may b" granted -atdr'nity iea"e -Uy an
authority competent to grant leave for iperiod ot rq lEO days irom the
I
date of its cornrnencemenl
(2) During such period, she shall be paid l€aye satary equal to the
pay drawn immediately before proceeding on leave.

_ l\91a,., In- the case of a person to whom the Employees' State Insu:.ance
Act. 1948.(34 of 1948r. applies, the amount ofleave salarv payable under this
rule shall be reduced by the amounr of benefit payable under"the said Act for
the correspond ing period.
2t (3f
Maternity le&ve not exc€eding 45 days may also be granted to a
-
female Govet'nment servant (irrespeciive of the number o"f surviving
children) during the entire seryice of that fcmal€ Government seryant i;
case of miscarriage including abortion on production of medical cer-
tificate as laid down in Rule 19:
Provided that th€ maaernity leave granted and availed of before the
co-mmencement of the CCS (L€ave) Amcndment Rules, 1995, shall not be
taken into account for th€ purpose of this sub-rule. I

-- -(4) {4) Maternity lcave may b€ combined with leave of any other
kind.
(b) Notwithstanding the requirement of production of nredical certifi-
cat€ contain€d in sub-rule (l) of Rule 30 or sub-rule [) of Rule 31. leave
of the kitrd due and admissible (including commuted leave for a Deriod
not €xceedirg 60 days and leave not du€) up to a maximum of tI two years ]
may, if a-pplied for, be granted in continuation of maternity leave gianted
under zub-nrle (l).
(5) Maternity leave shall not be debited against the leave accounL
l._Subsrituted vids C.L:^D-epl of per.4 Tr€., NodficarioD No. F. No. I lotZll2009-Btt. (L),
_ -
dared tie lst 2000, published rs C.S.R. 170 in the Gaze(e of India, dated the 5.ii
Dece mber, 2009. -D-ecember,
Takes effect from l-9-2008 vid? O.M., dared I l -9-2fi)8 _ See btD (5) bctow
this rul.
2. Subslituted, rdd C.t . Depr. of per. & Trg . Nolificadon No. ll0l8r/94-Esfl. (L), dared
-ii
the same drte-
;
fie 3 rsr March. re95. pubt'shed c.s.R. no f ri reirn rrG cai.n. r"ar. LiliirL"ii
",y "r
 RULES [RUI-E 43
7E - LEAVE
SWAMY'S

GOVERNMENT OF INDIA'S DECISIONS

al I Unmarried female Govern ment servants also eligible for

maternity
hrr"l-"U il;;'R;" +: or il.
Central Civil Services (Leave) Rules' 1972'
-1 t"ut" -u, be qranted to a female Covernment servant by an authority
"-i*
;;;;;;ili;;;;i.a,"-tuu.;""t to n''tnlment of conditions laid down underthe
as to
ln ihis connection, a reference was received in this Department
".iJi{ufe.
if,"-"aaittiUifity ofmaternity leave to unmarried fetnale Govemment servants'

and it
2. The matter has, accordingly, been considered in this Dep-artrnent
i. f"ft'ti,ui t'tri *o.a :'f"*ut"" li the CCS (Leave) Rules' 1972' does not
"married" is
.i..iri."ii, i"r.t . the marital sratus of the female and the word
thal as. the rule
ili ,litiia i" ,t" *orJ::r".ut." lt is therefore' clarified
admissible
illiria-,ri,i *i-"r"t. anv aisiinction in ttris regard' matemity leave as
;;:'#;;;J t" un'tnm"ttiea female Gdvemment servant Fu'ther' at the
i."*, *t it. ar. regard mav be had to the conditions laid in
liii-. iiiri
"i "]
;i,L;:";iil; ias il.u,e) nut.tit'. weifare of the mother and the child'
which is ofprimary concem, shall also be kept in view'
No 13018/l/86-Estt' (1.) dated the 28thApril' 1986' I
I Gl., Dept. of Per & Trg . O N,

a2l Mat€rnity teave for induced abortion.- lt has been decided that the
i"ir..i ,i,iii tt'i ttleai.at re..ination ofPregnancy Act .l97l ' should
;il;;;il;;il
"u"ni.i of abortion for the purpole of granting maternity
as a case
leave under the CCS (Leave) Rules, l9?2.
lGl.M.F,O.M No. l4(6)-E IV (A)/74. daled the 2l sr April
l9?5 l

(31 No special casual leave for Salpingectomy operation undergone

wittr'linducld abortion'' - Go'irnment servants undergoing
Female
i"ioinni.,oru or., atioo al.tngv ith medical termination ofpregnancy will be
who
."ii,i.Ei" iii*..rs matemiS"leaue. Such female Government servants l4
i""ifny olmaternirv- leave will not be entitled to additional days
"""ii-,fr.
(nou 70 working days) ofspecial casual leave'
I Gl.. Depl. ofPer & Irg.. o.M No 28016i l/91-Estt (A) dated the l3th Mav 1992 I

I4t No maternitv leave for threatened'abortion'- [t is clarified that

''utnrtion" does not include "threatened abortion" and matemity leave cannot
be granted in the case of"threatened abortion "
JGI.D.P&AR..OM No l30l 8/ I I i s4-Flslt {L). daled the l6$ March' 1985' l

(5) Mat€rnity leaYe increased to lEo days'- Cons^equent upon the

decisions tafen by ihe Coverrrnent on the recommindations ofthe S-ixth Central
Child Care Leave' the- President
iu, tomm ission ietating to Matemit) Leave and
i, ir.^.J i" J..ia. thi't the eristing provisions of lhe Central Civil Services
 RULE 43.A] SPECIAL KINDS OF LEAVE OTHER TIIAN STUDY
LEAVE 79

(Leave) Rules, 1972 will be treated as modified as

follows in respect ofcivilian
employees of the Cenfal Government:-
(a) Tte.existing ceiling of 135 days Materniry Leave provided in Rule
4J ( I ) ot CentralCivilServices (Leave) Rules. I 972 ihall
be enhanced
to 180 days.
(6) Leave ofthe kind due and admissible (including commuted leave
period not exceeding 60 days and leave not a,f,y tf,"t.un
for
a
U. grarteA
rn contrnuarron with Matemity Leave provided in Rule 43
shall be increased to 2 years.
i4) (r)
***
2. These orders shall take eflect from lst September,2OOg.

. 3. Il.yi-.y of Paragraph 2 above. a women employee in whose case lhe

perroo ot I JJ days ot maternity leave has not expired on
the said date shall also
oe entrlted to lhe maremity leave of lg0 days.

4- Formal amendments to the Central Civil Services (Leave) Rules. l9?2

are being issued separately.

lCI, Depr ot per. & Tre.. OM No I lO | 8/2/2 008-Estr. (L), dared the ltth Seprember,
2008 I

r43-A. Paternity Ieave

(l) A male Government servant (itrcluding ar apprentice) with less

than two surviving children. may be granted nrlerrity L""". Uv an autho.
rrt) competent to grant leave for a period of l5 days. during t-he confine_
ment of his wife for childbirth. i.e.. up to l5 days before, orup'ro iir-rortn,
rrom the date of delivery of the child.

. .. (2) During su;h period of l5 dals, he shall be paid Ieave salar] equat
to th€ pay drawn immediately before proceeding on leave.

(3) Thc Paternity Leave may be combined with leave ofany

other kind.
(4) The Paternity Leav€ shall not be debited against the leave
account.

. (5) lf_Paternity Leav€ is not availed of within the period specified in

sub-rule ( I ). such leave shall be treated as lapsed.

., Nu]u The Patemity Leave shall not normally be refused under any
clrcumstances.

- I lnsrnedv/deCI. Depl ofper & Trg.. Nolrficarron No Ilo26/l/9C-Esfl (L).dar(drhe

l8rh Apflt 2002. pubtrshed as cs.R. tqs trirhe Gazeue of tna;..
'laLes e,I(cl from
7-t0-1997 wdeO_M,dared 7-tO-1997
a"i"j if,.;?f, :oo:. iiii
 SWAMY'S LEAVE RULES I RULE 43.44
80 -
r43-AA. Paternity Leave for Child Adoption
(l) A male GoYernment servant (including an apprentice)^withageless
of
than iwo n iving children, on valid adoption;f a child below thc
su
;;;;;;;.;;" ;"Eanted Paternitv Leave for a period of l5 davs lYithin 8
periLd of six-monihs from the date of valid adoption'
(2) Durins such period of l5 days, he shall be paid leave salary equal
to th; pry dra"wn immediately befor€ proceeding on lelve'
(3) The Paternity l,eave may be combined with leave ofany other
kind'
(4) The Paternity Leave shall not be debited against the leave account'
(5) lf Pat€rDitv Leave is not availed of within the period specified itr
sub-iuie (l), such liave shall be lreated as lapsed'

NoTE I .- The Patemity Leave shall not normally be refused under any
circumstances.

':NoTE2.- "Child" for the purpose of th is rule will include a- child taken
as ward by the Govemment servant, under the Guardians and Wards-Act'
1890
it p"ir.""it"* applicable to that Government servant, provided such a
"i
ward "liies with ttre Govimment servant and is treated as a member of the
family
and provided such Govemment servant has' through a special
will' confened
ufori that ward the same s(atus as that of a natural bom child'

Y3-8. Child AdoPtion Leave

(l) A female Government servanl. with fewer than two surYiving
child['n, on valid adoption of child below the age of on€ year may b€ grtnted
a
uJirpri.iif*"e, by an authority competent to.grant leave' for a period
of 't | 801 days immeiiately after the date of valid adoption'
"'f,iiO
(2) During the period of child adoPtion leave, she shall be paid leave
salai iqual to.-tne pay drawn immediatelt before proceeding on leave'
(3) (a) Child adoption leavemay becombined with leave ofany other kind'
(b) tn continuation of the child adoption leave granted under sub-
rule ( l), a female Government senant on Yalid adoption of a child ma1
vi.J€ Cl. Depl ofPer & Trg , Nolrfication No ,F No ll0l2/12009-Estt'
(L)'
l. Insened
-irioii".l"..
a"t"a ir,. lbosi p,rut,shea as G s R tlo in the Cazette of lndta- dded-th€ 5th
rx"J.t.r--jiros.
ti;r"t itltct ir6m 2z-z-200s v ide o M.. dated 22-7'2009 Srse GID (2) b€lotr
4l (B).
-
Rule
2 Inse(ed vrde G.1.. Depl. ot Per. & Trg. N!'tln':'lo F No 13026i 5/20-ll-Estt (L)'
tle 4li Apnl- 2012
cs n zs: 1E) In the Cazenc ol lndra'
a"t"a G" Iifr,qp.,r. zoiz, priti.nia
dared
^ Notrficatron No 13018/4/2004- Esfi lL)'dated
3 Substitured bf'GI.Dept ofPer &Trg.,
of lndra dared the 27lh April'
lrit ir.ir-looo. prtiitr,ii ^ os.n No:91 rn theRule
trr. GaTctle
iobe. tafes noir 3l-3-2006 vd? CID below this
'nect I
No l0l2/1/2009- Estt'
4. Substiturrd ude Gl.. Dept. ofPer & Trg'. Nottficalion No' -l
r I r arta-rie" iii iicember, 2009, publ rshcd as tr'S R. I
70 rn the Gazelle of lnd ra' daled rhe 5th
iiJ;",n'*-.loris. r"k* fiom 22-7-200s s.e CID l2) below thrs Rule
elTect -
 RIJLE 43.8] SPECIAL KNDS OF LEAVE OTHER THAN STUDY I-EAVE 8i
slso be granted, if applied for, leave of the kind due and admissible
(including leave not due and commuted leave nol exceedine 60 davs without
productio-n-of medical certificate) for a period up to onelear riduced by
the age ofthe ad-opted child on the date;fvalid idoption, without takin!
iI!to account child adoption leave.
Provided that this facility shall not be admissible in case she is alreadv
having tro suniving children aa the time ofadoption.
(4) Child sdoption leave shall not be debited against the leave account.
rNOTE.-
'Child', for the purpose ofthis rule will include a child taken
as rv-ardby the Government servant, under the Guardians and Wards Act,
It90 or the_personal law applicabl€ to that Government servant, provided
such a ward liyes with the Government servant and is treated as a member
ofthe family and provided such Government s€rvart has, thmugh a special
will, conferred upon that lvard the same status as that of I na-turai born
child.
GOVERNMENT OF INDIA'S DECISIONS
(t) Grant of Child Adoption Leavc for lJ5 days to the femole Cover[-
ment servants on adoption of achilduptoonelearofage._ Reference is
invited to O.M. No. I 301 8/4/89-Estt. (L.1, dited the 23th OctobL, t efe regarding
grant ofleave to female Govemment seryants on adoption ofa child ani to sav
tu, * h.uyl,lq ggpidered,thejustifications given by theAssociation ofAdoptiv'e
Parents (ATMAJA) and rhe views of the Ministr] of Health and Family Weltare
as well as those oflhe Department ofWomen and Child Development. ii has been
decided to extend the benefit ofleave for 135 days to lhe adopiive mothers with
fewer than two surviving children as ,Child Adoption Leave'onadoption ofa child
up to one year ofage, on the lines of matemity leave admissible to nitural mothen.

2. During the period of Child Adoption Leave, she shall be Daid leave
salary equal to the pay drawn immedialeli before proceeding on leave.
3. Child Adoption Leave may be combined with leave ofany other kind.
4. In continuation of 'Child Adoption Leave', the adoprive mothers may
also be-granted, ifapplied for. leave ofthe kind due and admissible (includin!
Leave Not Due and Commuted Leave not exceeding 60 (srxtv) davs withoui
produjtion of Medical Certificate) for a period up tdone yeaiieduied by the
age oftheadopted child on the date oflegal adoption withoui taking into dccount
the period of Child Adoption Leave, subject to the following con-ditions:-
(r) This facility shall not be admissible to an adopriye mother already
having two surviying children at the time ofadoption.
(ll) The nraximum period ofone year leave ofthe kind due and admissible
(including Leave Not Due and Commuted Leaye up to 60 days without
production of Medical Certifi cate) will be reduced by the age ofthe
. . !. rr:"r-d. yg-a tj.P.epl. ollel 4 T'8.. Notfn No. F. No. t3026/5/2ol t-Estr (L)
4
dated dl€ 4dl April. 2012. published as GS R. 283 (E) in the cazette oflrdia. dated the 4lh April,2Ol i
LR-6
t2 SWAMY'S-LEAVE RULES I RULE 43{
child on the date of adoption without taking into account Child
Adoption l,eave as in the following illustrations:-
lfthe age ofthe adopted child is less than one month on the date of
- adoption, leave up lo one year may be allowed.
Ifthe age ofchild is sir( months and above but less than seven months,
- leave up to 6 months may be allowed.
lfthe age ofthe child is 9 months and above but less than ten months,
- leave up to 3 months may be allowed.

5. Child Adoption Leave shall not be debited against the leave account.
6. So far as persons serving in the Indian Audit ard Accoamts DePatunents
are csrcsne4 theG orders ae being issued after corsuhaion withttrc C &AG oflndia

7. Relevant rule is being incorporated / amended

E. These orders will have effect from the date ofissue.
IG1., Ded. of Per & Try., I30l &4,2004-Eslt. (L), dated lhe 3lst March,2006. ]

(2) Enhlrcement of Child AdoPtion L,erve from 135 drys to 180 days
8nd extension of thc facility of Paternity Leave to rdoptive father.- After
implementation of the Sixth Central Pay Commission recommendations, the
peiiod ofmatemity leave was enhanced fiom t35 days to 180 days. Subsequendy,
ihis Depanment has received representations requesting for enhancement of
the period of Child Adoption Leave from 135 days to 180 days in line with the
maGmity leave. The rnatter has been examined in fiis Depafinent and it has been
decided io enhance the period ofChildAdoption Leave from 135 days to I E0 days.
2. A female Govemment servant in whose case the period of 135 days of
ChildAdoption Leave has not expired on the date ofissue ofthese orders shall
also be eligible for Child Adoption Leave of 180 days.

3. lt has also been decided that a male Govemment servant (including an

apprentice) with less than two surviying children, on valid adoption of a
child below the age of one yeal may be sanctioned Patemity Leave for a period
of l5 days within a period ofsix months from the date ofvalid adoption.
4. These orden shall take effect from the date ofissue.
I Gl., D.pt. of Per & Trg., O.M. No. 13018/t/2009-Esn. (L), dared the 22nd July, 2009. ]

r43-C. Child Care Leave

(l) Subject to th€ prcvisions ofthis
rule, a woman Government servant
may be granted child care leave by an authority competent to grant leave
for a maximum period of730 days during her entire service for taking care
L Subsrituted ,id; GI., Depl. ofPer & Trg., Notificstion No. F. No. 13018/4/201 I -Estt. (L),
dated the 27th August, 201l, publishcd as GS.R. No. 64E (E) in lhe Gazcne of lndi4 daled lhe
27th August, 201 L Takes effect from l -9-2008 vde O.M., dated I l-9-2008 &€ GID ( I ) below
this Rule. -
RULE 43€l spEctAL KINDS oF LEAVE orHER THAN sruDy LEAVE t3

of her two eldest survivirg children, whether for rearing or for lookiog
after any of their needs, such as education, sickness and the like.
(2) For the purposes of sub-rule (1), 6child' means-
(a) I child below the ege ofeighteen years: or
(r) a child below the age oftwcnty-two years with a minimum
disability of forty per c€nt as specified itr the Government
oflndia in Ministry ofSocial Justice and Empowerment's
Notilication No. 16lE/97-N 1.1, drted the lst Jutre, 2001.
(3) Gratrt ofchild care leave to a womrn Government seryant uIlder
sub-.rule (1) shsu be subject to the following conditions, namely:-
(r) it shall not be granted for mor€ thsn three spelh in a calendar year;
. t(1, ir shrll not ordinarily be granted during th€ probrtiotr period
except in crse of certain extreme situations where the leave
ssnctioning authority is srtisfi€d about the need ofchild care leave
to the probationer, provided that the period for which such leave
is sanctioned is mioimal.
(4) During the period ofchild corc leave, the woman Goyernment servatrt
shall be paid leave sal,ary equal to the psy drawn immediately beforc proceed ing
on leave.
(5) Child care leave may be combined with leave of any other kind.
(6) Notwithstandingthe requirementof production of medicalcertili-
cate contained in sub-rule (l) of Rule 30 or sub-'rule (l) of Rule 31, leave of
the kind due and sdmissible (including Commuted Leave not exce€ding sixty
da;:s 1o6 ,""""
Not Due) up to a maximum of one year, if applied for, be
granted in continuation with child care leave granted under sub-rule (l).
(7) Child care leave shall not be debited against the leave account.
GOVERNMENT OF INDIA'S DECISIONS
(1) Child Care Leave for 730 days.

Women employees having minor children may be granted Child Care

Leave by an authority competent to graDt leave, for a maximu,r period of two
years (i.e. 730 days) during their entire service for taking care of up to two
children, whether for rearing or to look after any oftheir needs like examination,
sickness, etc. Child Care Leave shall not be admissible ifthe child is eighteen
years of age or older. Dudng the period of such leaye, the women employees
shall be paid leave salary equal to the pay drawn immediately before proceeding

I. Clause (r) of sub-rule 3 ot Rule 434 o nkd and Clause (iii) re-numbcrcd as (ii) vrile
GI., Depr ofPer. & Trg., Notficarion No. n No. 13018/62013-Est. (L), dated the 9th October 2014,
publishe-d as GSR 7 I I (E) in the Gazeor of tndi4 dated lh€ 9th October, 20 I 4 and takes effect
from that date.
81 SWAMY'S- LEAVE RULES I RULE 43{
on leaye. It may be availed of in more than one spell. Child Care l,eave shall
not be debited alainst the leave account. Child Caie Leave may also be allowed
for the third year as leave not due (without production ofmedical cenificate). It
may be combined with leave ofthe kind due and admissible.
I GI.. Dept. of Per & Trg., O.M. No. 13018/22008-Estt. (L), dated the I llh September,
200t Para 2 (c) ftom l-9-2008. l
- - Takcs.ffect
(2) Clsrilications:-
The question as to whether child care leave would be admissible for the
third child below the age of l8 years and the procedure for grant ofchild care
leave have been under consideration in this Department and it has now been
decided as follows:-
(i) Child Care Leave shall be admissible for two eldest surviving children
only.
(ir) The leave account for child care leave shall be maintained in the
pro forma enclosed, and it shall be kept along with the Service Book
ofthe Govemment servant concemed.

Pro formr for mrintainitrg Child Care Leave Account

I Gl , Depr. of Per & Trg.. O.M. No. I3018/2/200E-Esn (L). dated the 29th Septerrbc], 2008. I
Pcriod ofChild Balance ofChild
Care bave tak€n Care lrave Signature and designation
ofthe ceni0rng officer
From To Balance Dale

I 2 3 4 5

I Gl., Dept ofPer. & Trg, O M No. 13018/2,2008-Esn. (L). daEd d|€ 29rh Scprenrber, 20O8. ]
(3) References have been feceived from yarious sections regarding the
procedure for grant gfthis leave, etc. ln this connection, it is mentioned that the
intention ofthe Pay Commission in recommending ChildCare Leave for women
employees was to facilitate women employees to take care oftheir children at
the time of need. However, this does not mean that CCL should disrupt the
functioning of Central Government Offices- The nature of this leave was
envisaged to be the same as that ofearn€d leave. Accordingly, while maintaining
the spirit of?ay Conunission's recommendations intact and also harmonizing
the smooth functioning ofthe offices, the following clarifications are issued in
consultation with the Deparhrent of Expenditure (lmplementation Cell) with
regard to Child Care Leave for Central Govemment employees:-

(r) CCL aannot be demanded as a matter of right. Under no circum-

stances can any employee proceed on CCt without prior proper
approval ofthe leave by the leave sanctioning authoriry.
 RULE 43.C] SPECI,AL KINDS OF LEAVE OTHEF. THAN STUDY LEAVE E5

(ir) The leave is to be teated like the Eamed Leave and sanctioned as
such.
(iii) Consequen(ly. Saturdays. Sundays. Cazened holidays. etc. falling
during the period ofleave would also count for CCL,;s in the case oT
Earned Leave.

[G1.. Dept. of Per & Trg., O.M No. lj0l8/2/2008_Esfl. (L), dared lh€ ttth November,
-^^^ l
2008.

(4) It is further clarified that child care leave sanctioned rrrior to issuance
of O.M. No. I 301 8/2/2008-Esn. (L). dated the t8th Novembe( 2008 ihall be
treated as child care leave and shall be deducted from the Child Care Leave
account ofthe Govemment servant concerned. No adiustment against any other
kind ofleave shall be made in this regard. The Child iare teave-sanctioned for
rhe.qeriod beyond l8-ll-2008 shall, howevel be regulated in terms of
clarification issued vide OM, ofeven number. dated l g- I f-2008-
IC.|. Depl. of Per. & 1rg, O.M No. I 30 I 8/2/2008-Esn (L), dated rhc 2nd f)ecember,
-^-_.
2008 l

(5) CCL can be availed, even ifemployee has EL at credit,-

This_Department has been receiving representations from Govemment
servants through various quarters like the piblic Grievances Cell / Associa-
trons. requ-esting to review rhe decision to allow Child Care Leave (CCL)
-etc..
only ifthe employee has no E.L. at her credit.

2. This Departmenr's O.M. No. I 301 8/2/2008-Estt. (L), dated I l-9-2008,

regarding introduction of Child Care Leave in respect olCentrat Govemment
gTp]9y^€!! sutsequent clarificarions vitle O.Ms., dared 29-9-2008,
l8-l l-2008-andand 2-12-2008 were reviewed. It has now been decided in
consultation with Depanment of Expenditure, to delete the condition that CCL
can.be availed only ifrhe employee concemed has no Eamed Leave at her credit,
subjecl to the follo\.r ing conditions:-

(l) CCL may not be granted in more than 3 spells in a calendar year.
(ii) CCL may not be granred for less than l5 {ays.
(ir0 CCL should not ordinarily be granted during the probation period
exceptin case ofcertain extreme situations where the leave sanctioning
authority is fully satisfied about the need of Child Care Leave to thi
probationer It may also be ensured that the period for which this
leave is sanctioned during probation is minimal.

3. It is reiterated that the leave is to b€ treated like Eamed Leave and

sanctioned as such.
66 SWAMY'S- LEAVE RULES I RULE 43{

4. These orders take effect from l-9-200E. Eamed Leave, ifany, availed
bv women emolovees before availing CCL subsequent to the issue ofthe O'M'
ilo. trb r arzljoo6-esm. (L). dated I 8- I I -2008 may be adjusted against CCL, if
so requested by the emPloYee.
t Gt., Dept of P€r. & Trg., O.M. No. I30 I &1201GEtt (trave), daEd 0E th SepEnber,2010' l
(6) Clarificttions.- Subsequent to issue of this Deparhnent's OM of
.u"n nulnbe., dated 7-9-20lO. this Department has been receiving references
from various i)epartments, seeking ctarifications. The doubs raised are clarified
as under:-
l. Whether Eamed Leave availed for any purpose can be conYerted into
Child Care Leave? How should applications where the purpose ofavailing leave
has been indicated as 'Urgent Work'but the applicant claims to have utilized the
leave for taking care ofthe needs ofthe child, be treated?
Child Care Leave is sanctioned to women employees having minor children,
for rearing or for looking after their needs like examination, sickness, etc'
Hence Eined Leave av;iled specifically for this purpose only should be
converted.
2.Whether all Eamed Leave availed irrespective ofnumber ofdays i.e.'
less than 15 days, and number of spells can be converted? In cases where the
CCL spills overio the next year ([or example 30 days'CCL fiom 27th December),
whethir the Leave should be treated as one sPell or two spells'?
No. As the instructions contained in the OM, dated 7-9-2010 has been
given retrospective effect, alt the conditions specified in.the OM- would
[ave to be fulfilled for conversion of the Eamed Leave into Child Care
Leave. In cases where the leave spills oYer to the next year' it may be
treated as one spell against the year in which the leave commences.

3. Whether those who have availed Child Care Leave for more than
3 spelts with less than 15 days can avail further Child Care Leave for the
remaining period ofthe current year?
No. As per the OM ofeven numbel dated 7-9-2010, Child Care Leave
may not Le granted in more than 3 spells. Hence CCL may not be allowed
more than 3-times irrespective ofthi number ofdays or times Child Care
Leave has been availed earlier. Past cases may not be reopened.

4. Whether LTC can be availed during Child Care Leave?

LTC cannot be availed during Child Care Leave as Child Care Leave is
granted for the specific purpose oftaking care ofa minor child for rearing
or for looking after any other needs of the child during exanrination,
sickness, etc.
I G I , Dept. of Per & Tr8., O.M. r\-o 13018/ I /2010-Estt (Irave). dated the 30th December.
2n10.l
 RULE 43.CI SPECIAL KINDS OF LEAVE OTHER TTIAN STUDY LEAVE 8?

(7) Child Care Lerve Waiving of age restriction of lE years for

Goyernment servrnl having - mentally challenged / disrbled children.-
Refer€nce is invired to DoP & T, O.M. No. [30 I g2l200E-Esn. (L). dated I t -9-2ooE
on-the subject mentioned above. This Departmenl has been receiving various
references regarding waiving of the age restriction of l8 years in rispect of
disabled / mentally challenged children for granr ofChild Care Leave to women
employees. The matter has been considered in consultation with Ministry of
Finance and it has b€en decided to permrt Child Care Leave to women employees
with dis-abled ch ildren up to the age of22 years for a maximum period od2 yiars
(i.e. 730 days) subject to the other conditions stipulated by the Government in
this regard from time to time. However, it is stressed ahat CCL cannot be
demanded as a matter of right and under no circumstances can any employee
pr9c99d_ o1 .C9L without prior approval of the leave sanctioning authoriry.
Disabled Child having minimum disability of40% is elaborated in the Minisrf
a
of Social Justice and Empowerment Notification No. 1618/97-NI.l, dated l42OOl
(copy enclosed) (not prinkA. Documents relating to the handicap as specified
in theNotification, as wellas a certificate flom the Govemment servant regarding
dependency ofthe child on the Goyernment servant would have to be submitted
by the employee. The Child Care Leave would be permined only ifrhe child is
dependent on the Government servanl.
IG1., Dept. of Per. & Trg., O.M. No. 13018/6/2009-Esrt. (L), dared the 3rd March,
20r0. l

(8) Grani of Child Care Leave to Civilian Female Industrial Employees

of Defence Establishments.- The undersigned is dir€cted to state that the mafter
regarding extension of the benefit of Child Care Leave to civilian industrial
employees working in D€fence Establishments at par with the Non-induslial
Central Govemment employees covered by the CCS (Leave) Rules, 1972 has
been under consideration ofthis Department. Ithas been decided in consultation
with the Min:stry ofFinance (Department ofExpenditure) to exlend the benefit
ofChild Care Leave to civilian female indusnial employees working in Defence
Establishments at par with the non-industrial Central Government employees
covered by the CCS (Leave) Rules, 1972 subject to the conditions provided in
Rule 43-C ofthe CCS (Leave) Rules, 1972, as amended fiom time to rime.
These orders shall take effect fiom the date ofissue.
Gl., Dept. of Per & Trg., O.M. No. 1201U212009-Es$ (L). dated th€ 20th October,
201I

(9) Grant of Child Care l,€ave to Ciyiliar I'emale Industrial Employees

ofDefence Establishmerts.- It is directed to refer to this Department's OM of
even number, dated 20-10-201 I on the above subject and to state that it has
been decided to extend the benefit of Child Care Leave to ciyilian female
industrial employe€s working in Defence Establishments with etrect fiom l -9-2008
at par with the non-industrial Central Government employees coyered by the
CCS (trave) Rules, 1972. Eamed Leave, if any, availed by these employees
between I -9-2008 and 2O- I 0-201 I specifically for rhe purpoie oftaking caie ot
the needs oftheir e ldest rwo minor children may be convened into Chi ld Cari Leave.
83 SWAMY'S- LEAVE RULES I RULE 4.{

2. All conditions specified in Rule 43-C ofthe CCS (Leave) Rules, 1972
including the number of days and number of spells have to be fulfilled for
conversion ofEamed Leaye into Child Care Leave.
I GI.. Dept. of Per. & Te.. O.M. No. 1201?]22009-Estt. (Irave). dated the 3lst May,2012 ]

(10) Extension oforders for grant of Child Care Leave to all Civilian
Female IDdustrial Employees ofthe Central Goyernment.- lt is directed to
state that the matter regarding extension of benefit of Child Care Leave to all
Civilian Female Industrial Employees ofthe Central Goyernment at par with
the civilian fernale industrial employees of Defence Establishment covered by
the CCS (Leave) Rules, 1972 has been under consideration ofthis Department.
It has been deoided in consultation with the Ministry ofFinance (Department of
Expenditure) to extend the benefir of Child Care Leave to all Civilian Female
Industrial Employees ofthe Central Govemment at par with the civilian female
industrial employees of Defence Establishment coyered by the CCS (Leave)
Rules, 1972 subject to condition proyided in Rule 43-C ofthe CCS (Leave)
Rules, 1972, as amended from time to time.
2. This order shall take effect ftom the date of l-9-2008. Eamed Leave, if
any',availed by thes: employees between l-9-2008 to till date specifically for
the purpose oftaking care ofneeds oftheir eldest two minor children may be
converted into Child Care Leave.
IOI . Dept ofPer & Trg. O.M. No. 12012'2/2009-Esn (L). dared rhe IstAugusr,2012 ]

(ll) Child Care Leave (CCL) in respect of Central Goyernment

Employees Clarification,- The undersigned is directed to refer to this
Department's- O.M. No. I 301 6/2/2008-Esn. (L), dared I l-9-2008 (c/D (l)
above\ regNdngintroduction of Child Care Leave (CCL) in respect ofCentral
Government employees. Subsequently, clarifications have been issued vide
OMs, dated 29-9-2008, 18- l I -2008, 2- l2-2008 and dated 7 -9-2010 (GlDs (2),
(3),(4) and(5) above). Child Care Leave at present is allowed for a minimum
period of l5 days. References haye been received fiom various quarters seeking
a review ofthis stipulation.

2. The matter has been considered in consultation with Department ofExpen-

diture. and it has been decided to remove the requirement ofminimum period of
l5 days' CCL. There is no change as regards other conditions ofthis leave.
3. These orders take effect from the date
^fissue ofthis Offrce Memorandum.
lGl..Drpt.of Per&Trg,O.M.No. l30lE/6/2013-Esn. (L). dated the 5th June,2014 |

44. Special disability Ieave for injury intentionally inflicted

(l) The authority competent to grant leave may grant special distbility
leaye to a Goyernment s€rvant (whether permanent or t€mporary) who is
disabled by injury intentionally inflicted or caused in, or in consequence ofthe
due perl'ormance of his olficial duties or in consequence of his ollicial position.
 RULE.4.l] SPECIAL KINDS OF LEAVE OTHER THAN STUDY LEAVE E9

(2) Such leave shall not be granted utrless th€ disability manifested
itself within three months of the occurrence to which it is atiributed and
the persor disabted acted with due promptitude in bringing it to notice:
Provided thst the authority compea€trt to grana leave mav. if it is
satisfied as to the caus€ of the disabitity, p".rit'i** io U" elirt"a in
cases where the disability matrifested it*tf more than three mo:nths afler
lhe occurrence of its cause-

. ..(3). Thc_period- of leave granted shall be such as is certified by an

Authorized Medical Attendant and shall in no case exceed 24 monthi.
(4) Special disabitity leave may becombined with leave ofany other
kind.
.. .(5) Special disability leave may be granted more than once if the
orabrlrty ls aggravated or reproduced in similar circumstances at laterdate,
but not more thao 24 months ofsuch leave shall be granted in consequence
of any one dissbility.

.(6)-Special disability teave shall be counted as duty ir calcutating

service forpension and shall not, except the leave gratrted underthe proviso
to Clause (D) of sub-rule (7), be debited against fhe leave account.
(7) Leave salary during such leave shall,-
(a) for the first 120 days ofany period ofsuch leave, including
a period ofsuch leave granted under sub_rule (5), be equai
to lesve salary while on errned leave; and
(b) forthe remaining period ofany such leave. be equal to Ieaye
salarl during half pay leave:
Provided thrt
a Goyernm€nt servant may, at his option, be allowed
leave salary as in srb-rule (a) for
aleriod not exceeding inother 120 days,
atrd in lhe event the period of such leaye shall be debi-ted to l,is half pay
Ieaye account.

NoTE.- Leave salar) in respect of special disability leave granted to a

^
uovemment servant who has rendered service under more than one Gouemment
may be apportioned between ttre Governments irr accordance
G-tirJ i-.ri *1...
(8) (a) l.n
!h_€^91s9-of-a pgJson to whom the Workmen.s Compensatiotr
Acr, t 923 (E of t923). appties, the srr.ount ot teavc sahii
D;anre
under tDis rule shall be reduced by the amouna of compe-nsation
pay_ablc undcr Ctause (d) of sub-iection (l)
of Seciioi l--of tfre
ssid Act.
(6) In the_ case of a person to whom the Employees' State Insurance
e{8), a pplies, il,",i.,iuoi oi-r""r. i"rry
payaDle _(il r.f.
LLj: J l^{lunder I
a[is rule shall be reduced by the amount of
benefit payable under the saidAct for tt"
"**.piir-ai,igi,*frO.
90 SWAMY'S LEAVE RULES I RULE 45
-
(9) (a) Th€ provisions of this rule shall also rpply-
(, to e civil Covernment servant disebled in consequence of
service with I militery force, ifhe is discharged as unfit for
further military service, but is not completely aod
permrnently incrpacit8ted for further civil service; snd
(ir) to a civil servstrt not so disch8rged who suffers a disability
which is certilied by I Medicrl Board to be directly
attributable to his service with a military force'
45. Special disability leave for accidental injury
(l) The provisions of Rule,l4 shsll apply also to, Government servant,
rflhether permanent or temporary, who is disabled by injury accidentally
incurred in, or in consequenca of, the due performance ofhis oflicial d[ties
or in consequence ofhis oflicial position, or by illness incurred in the perfor-
mance of any particular duty, which has the effect of increasing his liability
to illness or injury beyond the ordinsry risk attaching to the civil post
which he holds.
(2) Th€ grant ofspecial disability leave in such case shall be subject to
the further conditions-
(i) that the disability, if due to disease, must be certified by an
Authorized Medical Attendant to be directly due to the perfor-
mance ofthe p8rticular duty;
(i, that, if the Government servant has cortracted such disability
during senice otherwise than with a military force, it must be, in
the opinion ofthe suthority competent to sanction leave, excep-
tional in character; Nnd
(rrr) that the period of absence iecommended by an Authorized
Medical Attendant may be covered in part, by leave under this
rule snd io prrt by sny other kind ofleave, and that the smount
of special disability lerve granted on leavb salary equal to that
admissible on earned leave shtll rot exceed I20 days.

46. Hospital leave

(l) The authority competent to grant leeve may grsnt hospital le8ve tG-
(a) Class IV Governmert servants, and
(r) such Clsss tII Government servrnts whose duties involve the
handling of drngerous machinery explosive material$ poisonous
drugs and the like, or the performrnce ofhazardous t8sks,
rvhile under medical treatment in a bospital or otherwise, for illness or
injury ifsuch illness or injury is directly due to risks incurred in the course
of their ollicial duties.
(2) Hospital leave shall be grant€d on the production of medical
certificate from an Authorized Medical Attendanr.
RULE47] SPECIAI KINDS OF LEAVE OTHER THAN STUDY LEAVE 9I

(3) Hospifsl leaye may b€ grrnted for such period as the suthority
granting it may consider necessary, on leave salsry-
(r) equal to leave salary while on earned leave, for th€ first
120 days ofany period ofsuch leave; and
(ir) equal to leave srlrry during half pay lesve, for the
remrining period of any such leave.
(4) Hospital leave shall not b€ debited sgainst the leave account atrd may
b€ combined with any other kind ofleave which may be admissible, provided
the total period of leave, after such combinatior, do€s not exceed 28 months,
(5) (a) In the case ofa person to whom the Workmen's Compensatiotr
Act, 1923 (8 of 1923), applies, the amount of leave salary
payable under this rule shall be reduced by the amount of
compensstion pryable under Claus€ (d) of sub-.section (l) of
Section 4 of thc said Act.
(6) In the case ofperson to whom the Employe€s'State Insurance
Acr, l94E (34 of 1948), applies, the amount of leave salary
payable underthis ruleshall be reduced by the amount ofbenefit
payable under thc said Act for the corresponding period.

GOVERNMENT OF INDIA'S DECISION

Applicability to industrial and work-charged staff- Industrial and
work-charged staffwill also be entitled to hospital leave in the same mann€r as
other Central Goyemment servants.
I GL. M.F., O.M. No F 7 (76)/Estt IV (4)/60, dated rhe l4rh July. 1960. ]

{7. Seamen's sick leave

(l) A Government servant serving as an officer, wrrrant omcer or
petty officer on a Government vessel may, while undergoing medical
treatment for sickness or injury, cither on his vessel or in hospital, be
granted leave, by an suthority competent to grant lerve, on l€ave salary
equal to full psy for a period not €xceeding six weeks:
Provided that such leave shall not be granted ifa Government Medical
Officer certifies tbat the Government servsnt is malingeritrg or that his
ill-health is due to drunkenness or similar self-indulgence or to his own
action in wilfully causing or aggravating disease or injury.
(2) A seaman disabled in the exercise of his duty may be allowed
leave on leave selary equal to full pay for a maximum period not exceeding
three months, ifth€ following conditions are fulfilled, namely:-
(a) a Gov€rnment Medical Officer must certify the disabilityi
(6) the disability must not be due to the seaman's own carelessness
or inexperience;
(c) the vacancy caused by his absence must not be fil,ed,
92 SWAMY'S LEAVE RULES RULE 49
- I

(3) (a) In the case of a person to whom the Workmen's Cornpen-

srtior Act, 1923 (E of 1923), applies, the amount ofleave salary
payable under this rule shall be reduced by the amount of
compensation payable under Clause (d) ofsub-section (l) of
Sectior 4 ofthe said Act.
(b) ln the case ofa person to whom the Employees'State Insurance
Act, 1948 (34 of 1948), applies, the amount of leave salary
payable underthis rule shall be reduced by the amount ofbenefit
payable und€r the sail Act for the corr€sponding period.

48. Deleted
49. Departmental leave
(l) De,a! tmentsl leave may be granted to-
(a) CIass III Goy€rnment servants (other than Diyision I stalI
alld Clerks) and to Class Mover[ment servants in the
Survey of India, attached to Suryey Parties with field and
recess duties;
(6) members of the seasonal staff in the Posts 8nd Telegraphs
Department, whose duties are not continuous but are limited
to certain fixed periods in each year,
(2) In addition to leave due and admissible, departmenlal leave may be
granted only to Goyernment seryants whose services are temporarily not
required.
(3) (a) Departmental leave with l€ave salary may be granted during
the recess by the Head of the Party or Oflice to which the
Government seryant belongs in the Survey of India or an
authority not lower than the Divisional Superintendent ofPost
Oflices in the Posts and Telegraphs Department, as the case
may be, provided the authority granting the leave considers
in thecase ofa Classry Gov€rnmert servant that it is desirable
to re.employ the Goy€rnm€nt servant in the ensuing season.
(6) Leave so granted may, in special cases, be extended by the
Surveyor-General or the Postmaster-General orthe Director
of Posts rnd Telegraphs, as th€ case may be, up to a maximum
of eighteen months in sll.

(4) (a) Departmental leavewith leavesalary may begranted at tim€s

otherthsn the recess, for trot more than six months at a time,
by Directors in the Survey of India, provided the leave is
grrnted itr the interests ofGoyernmenl and not at the request
of the GoYernment servant.
(6) Lerye so grsnt€d may, in special cases, be extended by the
Surveyor-General up to e maximum of one year in all,
 RULE 49] SPECIAL KINDS OF LEAVE OTHER THAN STUDY LEAVE 93

(c) Leave on medical certiftcate shall not be regsrded as granted

in the interests of Government.
(5) Where the Presklent by general or special ord€r so authorizes,
-
departmenaal leave without lcave salery may be grrnled by the Surveyor-
General orthe Postmrster-General or the Directoi ofposts ind Telegraphs,
as the case may b€, in continuation ofthe departmentsl leavewith leavisaiary
(6) (a) A Government servant on Departmental Lerve with lerve
salary shall be poid leave salary equel to 25 per cent of
the said salary sdmissible during the earned leave under
sub-rule (l) of Rule 40. No allowsnce, other than Dearness
Allowance, shrll bc sdmissible on such leave srlary.
(b) A Government servant while on departmertal leaye with
leave salary shall be paid leave salary at the end of eech
morth rp to first sir months and there{fter it shall be paid
when the Government servant returns to duty:
Provided thst wher€ a Goyernment seryantdies while on departmenlal
leave, his leave salary up to the date of his death, or the last d'av of such
leave with leave salary, whichever is earlier, shall be paid to his ieirs.
(7) D€partmental leave does llot count as duty and such leave shall
not be debit€d to his leave accourt.
(8) Departmcntal leave may b€ granted when no leave is due.
(9) Departmental leave may be combired with any other kind ofleave
tf,hich may be due.
(10) (a) When a Goverlment servant to whom these rulesapply, holds
a post in yhich the Surveyor-General or the poitmaster_
General or th€ Director ofposts and Telegraphs, as the case
may be (hereinafter in thissub-rule referred toas the authority)
considers that he is unlik€ly to be eligible for departmental
lerve in future, theauthority m8y, by order in writing, declare
that, with effect from such datc, not being earlierlhan the
Government seryrnt's hst return from departmental leaye,
as th€ ,uthority may fix, any balance of leave at debit in the
Government servant,s leave account should be cancelled.
(r) Atl lerve earned 8fter such date shall be credited ss duc in
the Government servanl's lctye lccount and s lecve taken
after such date, including depertmental leave with leave
salrry, ifrny, shrll be debited in it.

. - . NoTE.- This sub.rule applies to cases of Govemment servants who have

debrt balance in their leave account due to th€ir availing ofdeDartsnental
leave
before.tlrg lsl November, t973, when depffrnental leavl with tiveiiiun
ur"a
to be debrted to leave account_
 t

CHAPTER VI

Study Leave
50. Conditions for grant of study leave
(1) Subject to conditions specified in this Chapter, study leave may
be grsnted to a Government servant with due regard to th€ exigencies of
public service to €nable him lo undergo, in or out of India, a special
course of study consisting of higher studies or specialized training in a
professional or a technical subject having a direct end close connection
with the sphere of his duty.
(2) Study leave may dso be granted-
(i) for a course of trlining or study tour in which a Govern-
ment servant may not attend a regular acsdemic or semi-
rcedemic course if the cours€ of training or the study tour is
certified to be of delinite advantage to Government from
' the point of view of public interest and is related to sphere
ofduties ofthe Gov€rnment servant; rnd
(ii) for th€ purpose of studies connected with the frrm€work or
background of public administrrtion subject to the
conditions that-
(a) the particular study or study tour should be approved
by the authority competent to grent leeve; rnd
(b) the Government servant should be required to submit,
on his return, a full report on th€ work done by him
while on study leave;
(r'ir) for the studies which may trot be closely or directly
connected with the work of a Government servant, but
whicb 8re capable of widening his mind in a manner likely
to improve his abilities ss a civil servant and to equip him
better to collaborrte with those employed in other branches
of the public service.
Nore.- Application for study leave in cases falling under Clause (iii)
shall be considered on merits of each pase in consultation with the DepartrneDt
of Expenditure of the Ministry ofFinance.
(3) Study l€av€ shrll not be grented unless-
(i) it is certilied by the authority competent to gratrl lerve that
the proposed course of study or trrinlng shall be of delinite
rdv.ntsge from the point of view of public interests;
(ir) it is for prosecution of studies itr subiects other then
rcademic or litenry subject:
RULE 50l STUDY LEAVE 95

Provided that rn officer of the Indirn Economic Servlce or Indian

Statistical Service mry be granted study lerve for prosecuting a course of
study for obtaining Ph.D., on a research thesis, subject to the condiaions
that-
(a) the subject of research and the institution at which such
reserrch is to be und€rtaken are got approved by the Chief
Economic Adviser to the Government of India, in case the
opplicrnt is a member of the Indirn Economic Service, or
by the Director, Central Statistical Orgsnization, in case the
rpplicant is a member ofthe Indian Statistical Service;
(r) the applicant obtains a certificrte from the said authority to
th€ effect that such study will be valuable in th€ melter of
incr€asing the efficiency of the oflicer in the performanc€ of
his duties as a member of the Indian Economic Service or
the Indian Statistical Service, as the case may be; and
(c) in cases where the study is to be urdertaken at I foreign
university, the applicant obtains r further certificate that
the facilities for research on th€ particular subject chosen
for study ar€ not available at any University or other
Institution in India:
Provided further that a Medical Oflicer may be granted study leave
for prosecuting a course of postgraduate study in Medical Sciences if the
Director-General of Health Seryices certifies to the effect that such study
shall be valuable in increasing the efficiency of such Medical Officer in
the performance of his duties:

Provided also that a specialist or r technical person may be granted

study leave, on merits of each case for prosecuting a postgraduate course
of study directly related to the sphere of his duty in case the Head of thc
Department or the Secretary to the Department or Ministry concerned
certifies that the course of study shall enable the sPecialist or the techni-
cal person, as the case may b€, to keep abreast with modern development
in the field of his duty, improve his technical standards and competence and
thus substantidly b€nelit the Department or Ministry.

(ir'i) the Department of Economic Affairs of the Ministry of

finance agrees lo th€ release of foreign exchange involved
in the grant of study leav€, ifsuch l€rve is outside India:

Provided that in releasing foreign exchange to Government servants

proceeding on study leave rbrord, the Deprrtment aforcsaid shall satisf]'
itself whether such Government servants comply with the minimum edu-
cational criteria rs sp€cified in the gen€rd orders issued by the said
Deprrtment from time to time regulrting relerse of foreign cxchange to
persons proceeding abroed for bigher studies et their €xpense.
 96 SWAMY'S- LEAVE RULES RULE 50
I

(4) Study leave out oflndia shall not be granted for the prosecution of
sr-r'dies in subjects for which ad€quate fscilities exist in India or under any
of the Schemes administered by the Department of Economic Affairs of
the Miristry of Finance or by the Ministry of Education.
(5) Study leave may be granted to a Government seryant-
(l) who has satisfactorily completed period ofprobation and has
rendered not less than fiye years, rcgular continuous service
including the period of probation under the Governmenl;
(1, who is not due to reach the age of superannuation from the
Government service within r I three t ears (five ]ears in the case
ofCentral Health Service Ofticer who has been granted thirty-
six months'study leaye under sub-rulc (2) of Rule 5l) from ]
the date on which he is expected to return to duty after the
expiry of the l€ave; and
(iii) who executes a Bond as laid down in Rule 53 (4) und€rtaking
lo serve the Governm€nt for a period of rIthre€ lears (fivi
y€ars in the case of Central Health Service Oflicer who has
been gra[ted thirty-six months'study leave under sub-rule
(2) of Rule 5l) after I the expiry ofthe leave.
(6) Study leave shall not be granted lo a Government sen,ant with
such frequency as to remove him from contact with his regular work or to
cause cadre difficulties owing to his absence on leave.

GOVERNMENT OF INDIA'S DECISIONS

_. . Grant of Study Leaye I permissio[ to pursue postgr8duate Degree /
Diploma / DNB courses by CHS Officers.- The quesrion of grant of"study
leave / permission to pursue Postgraduate Degree , Diploma / bNB courses
conducted by National Board of Examinations by CUS Offtcers has been
reviewed in this Ministry.
2. In partial modification
ofthis Ministry's O.M. No. A.29015/19/99{HS. V
dated the llthFebruary. 2002- il has been decided lo consider granling
pcrmission / study leave to CHS Officers in terms of the provisioniof CCS
(Leave) Rules for pursuing Postgraduate Degree ,/ Diploma / DNB courses
conducted by National Board of Examinations as well, thoush mav not be
recognized by the Govemment of lndia at the recommendatio-ns of'Medical
Council of India, subject to the condition thal PG allowance shall be sranted
only for possession of Postgraduare Degree Diploma DNB qualilications
which are recognized by Medical Council of India. The other conditions for
grant ofstudy leave to CHS Ofl'icers will remain unchanged.
IG1.. Min. of H. & F.W. O.M. No. A. 290t 8/t/2006 / CHS. V dared rlrc 30rh March,2006. ]

I Subsriruled v/de C t.. Depr of Per & Trg.. Notification No. F. No 13026/5/2OtO-
Esfl. (L). dated the 5rh Augusr. 20 , pubtrshed as CS.n No. OOI (E) in Ue caz€ne of Indi4
dared the 5lh Ausust, 201I and takes effecl from 5-8-201I
 RULE 5l I STUDY LEAVE s7
I5l. Maximum amount of study leave
^ (l) The maximum amount ofsaudy leave, which may be granted to s
coyernment servant, other than centoi H"rrii, s"-i"" iiiri"i,lirrrr u"_
(a) ordinarily twelve monlhs at any one time, and
(b) during his entire servic€, awenay_four monahs in all (inclusive
, of simitar kind of lcave for study or trainin!lrandj unOer
any other rules).
(2)- ln respect ofCentral Healah Servic€
Officers, study leave may be
granlcd for. rhiray-six months fog acquiring postg.aara# quiiin.atror,
subject to rhe condirion rhaa a cenrr;l rf.ilif, jE
be€n granted such studv teave sh-a[ execute; "i..-Ofi"? "no rru.
il; ffi;;;:;rl
tnt or
Rnte s3 to ser"e rhe Gowrnmert ror a
of the study collrse.
f;;il
;iri;;;;;ri"'.""o"rpr"rion

GOVERNMENT OF INDIA,S DECISIONS

(l) Study leave may be taken in more fhan one spell also._ Doubts
,nave oeen expressed whelher the sludy lea!e should be tak;n in one spell
onty.
This has been considered in this Depirtment i, .;;;tt;;;; ;il'ii.,."iliniury
of Finance. lt is now clarified that study leur. ,rJ*'t uior#.nr'#.jproutrton
::i,b^.:::iL:9
ro "f_P,
rne conctrtton
a covemment servant in more "ihan
"r.
ip.ri ,ir'"
lhat such srud) leave availed of in different'spells
*ui*,
does not
exceed 24 monrhs
I GL Dept ofper& Trg.. O M. No. 13023/20l84_Est. (L), dared the 9lh Decemb€r.
l9li6. I
(2) Ministries / Departments-can sanction study
leave exceeding t2
monahs up to the maximum of 24 months af a,tiet"t._
rererences tor grant
e n-rit., of
ot study leave for a period ofmore than l2 months at a time
in-retaxation ofR.ute 5t (;) ofcCS tl_eavet nuiii. lizi.
nom-rne vanous M tnlsfles / Deparonents. Doubts have
,r. l"i"* [..irra
also been rais;d whether
or,stu^dl leave for a period exceeding l2 months at a sftetch
{anr
approvar ol the Department of personnel and Training or whether it
requires the
granted by Ministries / Departmenls under their pogeisl can be

2. This issue has been considered and it has been held thar grant
of study
leave for a period exceeding t2 months at; ii;; d;;;;;i;;;"i".1Ji*iit",
$,!19
sl tct^ortne ccs (aeave)n"r"r, rqil. "r
iiir,'ir,l..i-e Jta#"i,r,"
vlrnrsrres / Departments are competent to sanction study
leave in exercise of
delegaled to rh-em under the Firsr Schedule of the Central
:l1Po*.1:
)eryrces (Leave) Rules. 1972. for a period exceeding 12 months
Ciril
uD to the
maximum timit of24 monrhs ar a srretih atso, pr;;iailiriin. otr,.i."Iji,iorc
precedent to grant ofstudy leave are fulfilled.'
I Gl., Dept. ofPer& Try., O.M. No. t3023/25lt4-E$l (L). dared $e 23rd Augusr. t985 l
. . I Subslrruled b) Gl.. Depr otper & trg. . Nonfic-alron No. t3023/388-Esn (Lr. Vol. It.
dared rhe 26lh Ocrobcr. 2007. pubtished as cS.n
. No. 229 in rhe Cazefle of Indi4 daled lhe jrd
November. 2007. 'tates efeci from 3- _2007

LR-7
98 SWAMY'S LEAVE RULES [RUI-E 5I
-
(3) Grrnt ofstudv lesve to those s€lected for the award ofJrrvahrrhl
n"r,rri'f"riJ*rrtip-.-i question has been raised whether in view of the change
studv leave in lndia. anv.revision of.the-ttrms
il ,il;;;ileau;;alarv'Juring "employees
ii-'ci"tiii br"iitment selected for the Jawaharlal Nehru
"i"i,i
Fellowshio is called for The matter has been considered in the Mmstry
ot f-rnance
;ffii;'Pi;t;;;i. piiasea io ae"iae in consultation with the comptroller and
ffiiilc;;;'ai'6iiin iup"o"t.ion of the earlier o M' (not Finte ' the
'f;i;;;" term;;iai bi eiverito centrat covemment employees wio-are awarded
;;;;;f"l il;iliirto'*tr,ip tuture in relaxation oiRules 51,57 and 59 of
in
Central Civil Services (Leave) Rules, 1972:-
(r) They will be granted study leave for the entire period of the
FellowshiP.
(ii) willbe entitledtothe b€nefits admissible to them in accordance
''-' Thev
t itti tit" r.tto*ship and in addition, entitled to draw leave salary
equal to the pay thit they drew while on duty with the Government
ini-"diut"ty b"iot" proc&ding on such leave and Deamess Allowance
at the Central Goverirment rates on the leave salary admissible to them'
(iii) Where considered necessary' the ofiicial may be allow-ed.during lhe
'"-' r"iioa oithe Fellowship, ihe continued use of the facility of the
Liia.ntiur t.t"pt ore offrcially alloned to him' subject to paymerrt by
him ofthe billi for the rental and call chaBes of the telephone '
2. This order takes effect from the I st November, 1973'
IGI M.F.. O.M. No 4(l)-E. lV (A)/?5 dated 0te ?th June 19T6andGl'DP&AR''
o M ilo. I 102l/ I l/82-Estt. (L), dated the 29th s€prcmber' l9E3' I

(4) Studv f,€ave for fcllowships offered by reputed lnstitutes'- The

reasibiliwof tiineing more Fellowships under the purview of Study Leave' on
ja*aharlal Nehru Memorial Fellowships
;h;;;"; ilJc"onditions as the
iJNMfihii b""; ;rd"r consideration ofthis Department for sometim€ on the
i,;i;;f tilil;E;m various Departrnents / Minisuies regarding fellowships
rf.iJ Uv ."ri"t"J institutions and' in consultation with -Depqgnelt-glExlfet
aiirii. ii ir^ k." aecided to include the Fellowships offerld by (r) K'K Birla
DeveloPnent
trf) tndian InstiEtes ofManagemen! ii0 Managemert
(
Foundatioru-cirr"fo.
i.r,iio", (rv) l,ok Nayak Jiyaprakash Narayan N1!9n11,lnstihrte
-a on the'same terms as that of the fellorvshfi
"i?ri.ii,.f.& -a Forensic Scienie terms will be offered to c€flral
"i[*J l" ift'r.a].t oreserrt. The following
i"""ii!niji who are awarded t[e said fellowship in relaxation of
an,i sS ofcentral Civil Services (Leave) Rules. 1972:-
nrr".ii- "-oror&s
(r) They will be granted study leave for the entire period of the
FellowshiP;
(ir1 Thw wilt be entitled to the benefits admissible to them in accordance
'''' *ifr t. f.ffo*ship and in addition, entitled to draw leave salary
onii i,"iftout alloriance) equal to.the. pay that they drew while on
au6 iiift tft" Govemment ihmediately before proceeding on such
 RULE 53l STUDY LEAVE 99

leave. However, they will be entitled to Deamess Allowance at the

Central Govemment, rates on the leave salary admissible to them;
(iii) Where considered necessary, rhe official may be allowed during the
period of the Fellowship. the continued usl of the facilitv oi rhe
residential telephone oflicially alloned to him. subject to payment by
him ofthe bills for the rental and call charges of t-he teleph6ne.
2. So far as penons serving in the Indian Audit and Accounts DeDartments
are concemed, these orders are being issued afler consultation with the C&AG
oflndia.
3. This order takes effect from the date ofissue.
I GL, Dept. of per. & Trg., O M. No. t 3023/2/2008_Estt. (L), dated fie lst September,
201 t. l

52. Applications for study leave

(l) (a) Every application for study leave shall be submitted through
proper channel to the authority competent to grant leav€,
(b) The course or colrses ofstudy cont€mplsted by the Govern-
ment seryant rnd any examination which he proposes to
undergo shall be clearly specified iD such applidtio;.
(2) Where it is not possible for the Government servant to sive full
d€t8ils in his application. or i( rfter leaving lndia, he is to make any-change
in the programme which has been approied in india, he shall su"bmit tf,e
particulars as soon €s possible to the Head of ihe Mission or the authority
competent lo grant leaye, as the case msy be, and shall not, unless prepared
lo do so at his own risk commetrce the cours€ ofstudy or incu.
"oyirpenr""
in connection therewith until he receives the appioval of the'aut'hority
compete[t to grant the study leaye for the course.

53. Sanction of study leave

. (l) a-report regsrding rh€ admissibility of the study teav€ shall
obtained from the Audit Officer:
be

Provided that the study leave, ifany, rlready availed of by the Goyern_
ment scryant shall be included in the report.
(2) Where a Government s€ryant borne pemaDeDuy on the cadre of
orc deprrtment orestablishment is serviltg temporarily in another depart_
ment or establishment, the grrnt of study leaye to him shall be subiect to
the condition thrt the conctrrrence of theteparlment orthe establis'hment
to which he is permsnently attached is obtiined before leave is granted.

..
the ,{3) }f9ry U-e-study teave is gra-nted for prosecution
Head of ah€ Mission concerned
ofstudies sbroad,
shall bi informed of the fact by the
100 SWAMY'S LEAVE RULES I RULE 54
-
authority gratrting the leave, provided that where such leaYe has been
granted by an Administrator, th€ illtimation shall be sent through the
Ministry concerned.
NorE.- The Head of the Mission shall be contacted by the Govemment
servant for issue ofany letters ofintroduction or forothersimilar facilities that
may be required.
(4) (a) Every Government s€rvanl ilt permanent employ who has
been granled study leave or €xlension of such sludy leav€
shall be required to execute a Bond in Form 7 or Form 8'
as the case may be, before the study leave or extension of
such study leave granted to him commences.
(b) Every Governmenl servanl not in permaneol employ who
has been granted study leaveor extension ofsuch sludy leave
shall be required to execute a Bond in Form 9 or Form 10,
as the case may be, b€fore the study l€ave or extension of
such study leave granted to him commences.
(c) The Authority competent to grant leave shall send to the
Audit Oflicer a cerlilicate to the effect thal the Government
servant r€ferred to in Clause (a) or Clause (6) has executed
the requisite bond.
(5) (a) On completion ofthe courseofstudy, the Government servant
shall submit to the suthority which granled him the study
leave, the certilicates of examinations passed or special
courses ofstudy undertaken, indicating the date ofcommence-
ment and t€rminalion of the course with the remarks, if
any, ofthe authorily in charge ofthe course ofstudy.
(b) lfthe study is urdertaken in a country outside India where
there is an lndian Mission, the certificates shall be
submitted through the Head ofthe Mission concerned.

54. Accounting of study leave and combination with leave

of other kinds
(l) Study leave shall not be debited against the leave account of the
Government servrnt.
(2) Study leave may be combined with other kinds of leave, but in no
case shall the grant of this leave in combination with leave, oth€r lhan
extraordinary leave, involve a tolal absence of more than twenty-eight
months gener8lly and thirty-six months for the courses leading to Ph.D.
degree from the regular duties of the Goy€rnment servant.

EXPLANA-TIoN.- The limit of twe[ty{ight months / thirty-six months

of absence prescribed in this sub-rul€ includes the period of vacalior.
 RULE 56] STUDY LEAVE tgl
, (]) A Gov.€rnment servant granted study leave in combination with
tond of leave may, lf he so desires, undertake or commence
iil 9]n.I
rour-se. ol sludy during any olher kind r
of leave and subject to the other
condilions Iaid down in Rute 57 being satislied, J.;r, ir,iai"ii#rn""
respect thereof: tn

Provid€d that the period of such leave coinciding with the

course of
study shall not count asstudy leave.

55. Regulation of study leave extending beyond course of

study
the course- of study falls shorl ofstudy
^ lhen seryant, he shall resume duty on the conclu-sion of toa
uovernment
leaye granted
the
cours€ of srudy'.unless the previous sanclion of trre
auttroritv competent
ro grant teave has been obtain€d ao trcat the period of ihortfill
as
ordinary leav€.
I
[ 56. Leave Salary during study leave
(l) tr'rc€pt as provided in sub-.rule (6), during
Study Leave availed
of outside India, a Government iervant sh;ll dra'.w i;;;e
equal to- th_e pay that the Governm€nt s".uant Arew in]tc
Satary
on
duty with Goyernment immediately Uefo.e pio"eeA-ine'o;
su"l,
l€aye and in addition the Dearness a,lforiance, fio'use'nent
Allowance 8nd- Study Allowance as admissible i,
rviah thc provisions of Rules 57 to 60. "."oiU"n..
(2) E-xcept as-provided in sub-rule (6), during Study Leave ayailcd
of in- India, a Goyernment se."ant shafi O."ri ica"" t-'ufo.y
equal to-thr pay that the Goyernment servant Oreiv wn]te
on
duty with Government immediately Uetore proceealne o; suctr
Ieaye and in addition the Dearnesi Allornun'."
Allowance as rdmissible in accordance witfr tfre
n"nt
"na-io'ui.
piovisions of
Rule 60.
(3) PaJment o-f leave salary at full rate under sub-rule (2) shall
be
suDJect ao turnishing of a certificate by the Governmint servant
to the ellect that he is not in receipt of any scholarship. stipend
or remuneration in respect ofany part_time employmeiri. '
(4) The amount , if an.!,,,
the perlod of. Study -reccived by a Government servant during
Lcav€ as scholarship or stipend oi
remuneratio n in respect of any part-time emplol.ntent as
envisaged in sub-rule (2) of Rute 57, shau be adjustdd against
the Leave S alary p_ayrble under this sub-rule iubject 6 rhe
condition th at the Leaye Salary shall not be rediced to
an
I Sub5(itured vrde C.t., DeDr. of per. &
,,",r*fi'j;H;;i6t';"iio,#I*ai.[';i,i:11f;:'3t!,1;,"3f0irJ,,i:ffa-fil:ti jfill
toz swAMY',S
- LEAVE RULES [RULE 57

amount le$s tban that pryrble rs Leave Srlery during half-Pay

lerve.
(5) No study ellowance shatl be paid during Study L€ave for
courses ofstudY in India.
a6l Durins the currencv of Study Lerve tYithin or outside ltrdia on
' ' or aftir lst day 6f January. 1996, a Ccnhal Government
iertani statt driw benefits oi Revised Pry from the date such
revision took Place. l
5?. Conditions for grant of study allowance
1l) A studY allowance shall be granted to a Government servanl who
nu. il.i"n ei#t"d study leave foi studies outside India for the period
'definite
.o'"ni io ot"os."utiog a cours€ of study at a recognized institu-
;r;';;li;;" delin-ite tour of inspeclion of any special class of work as
well as for thi period covered by any examination at the end oI lhe course
of study.
(21 where a Government servent has been Pcrmitted to receive and
."t"ii,in ro his leave salary' any scholarship or stiPend thst mry be
ar"arded to"iaition
him from a Government or non4overtrmetrt sources, or any
other remuneration in resp€ct of any part-time emPlolment-
(a) no studv allowance shall be admissible in cas€ thc net
'-'' amount'of such scholarship or stip€nd or remuneration
of iees, if eny' paid by the
i"trit"A ut Uy deducting the costvalue
GovernmeDt servrnt fr;m the of the scholarship or
stiDend or remuneration) exceeds the amount of study
albwence otherwise admissible:
case the net amount of scholarship or stipend or
'-' in
lb)
iemuneration is less than the study rllowance otherwise
admissible, the dilference betwcen the value of th€ net
scholarship or stipend or any other remunerstion io respect
of any part-time imployment and the study 8llowanc€ may
be granled by the authority competen' lo grant leave'
(3) Studv sllowrnce shall not be granled for atry p€riod during *hich
Co'"-Jrnrn"it servrnt itrterrupts his course of study to suit his own
"
convenience:
Provided that the ruthority competeot to gmnt le'v€ or the Head of
Mission mav authorize the gratrt of Study Auowance for a Period not
li days at e timiduring such interruPtion if it was due to
"i..Jing
sickness.
(4) Deleted.
($ StudY dlowance shall also be altowed for tbe entirc Period
ofraiition dirring the course ofstudy subject to the conditions that-
(d) the Government servrnt attends duriDg vscction eny specid
'"' oi itrOy or practicel tminitrg u;der the direction of
"outi"
 RULE s9l STUDY LEAVE 103

the Government or the authority competent to grant leave,

. as the case msy be; or
(D) in the rbsene of rny such direction. he produces
'satisfrctory evidence b€fore the Head of the Missi6n or the
suthority competent to grant leave, as the case may be, that
he has continued his studies during the vacationt
Provided-thatjn respect ofvacation falling at lhe end ofthe course of
-
study, it shall be sllowed for a maximum perioi of 14 days.
(6)-The period for which Study Allowanc€ may be granted shall not
exceed 24 months in all.

58, Rates of Study Allowance

(1) The rates ofStudy Allowance shall be as follows:-

Narr of $e Country Study allowance per diem

Australir f 1.00 (Sterting)
Continent ofEurope ... I 1.65
New Zealend t 1.20
United Kingdom i, 2.00
Unit€d States of America ... t 2.75

(2).The rates of Study Allowance prescribed in sub-rule

. (t ) may be
revised by the Central Govertrment from time to time.
(3) The ratesof Study Allowance to be granted to a Goyerom€nt
s€rvent wllo study l€sve in any country other than the one specilied
_tikes
in sub-rule (1) shell be such as may be specially determined'by the
President in each case.

59. Procedure for payment of study allowance

.!l) Pay.ment oftudy allowance shau be subject to the furnishing ofa
certilicete by the Governmena servrnt to th; efiect thrt he is ;ot in
receipt o{ any scholarship, stipend or any other remutreration in
respect of rny prrt-time employment.

. (2) Study A.llowsnc€ shell be paid at the end of every month provi_
sionally subject to en underteking itr writing being obt;ined from tbe
Government servrnt lhat he would refund to-ahe G6vernment anv oyer-
payment conseque[t on his failure to produce the required certilicate of
stt€ndance or on his failure to satisfy the authority ;ompetent to grant
leav€ about the proper utilizrtion of the time spei,t toi which S-tudy
Allowance is claimed.
(3) (a) In tbe case of a definite course of saudy at a recognized
institufion, the Study Allowancc shall bi payable 6y the
authority comp€tent to grant lerve, if tire" study leave
l0{ SWAMY'S LEAVE RULES I RULE 60
-
availed of is in a country wh€re there is no Indian Mission,
and by th€ Head of thd Mission in other cases, on claims
submiited by th€ Governm€nt serYant from time to time'
supported by proper certificates of attendance.
(b) The certilicate o[ attendance required to be submitted in
support of the claims for Study Allowance shall be
foiwarded at the end of the term' ifthe Government serYant
is undergoing study in an educational institution' or at
intervals-notlxceeAing three months if he is undergoing
study at anY other institution'
(4) (a) When the programme of study spproved does not include'
or does noi consist enlirely of, such a course of study' the
Government servant shall submit to the authority
competent to grant leaYe direct or through the Ilead of the
Mission a diar-y showing how his time has been sPtnt and a
report indicating fully the nature of th€ methods and
op'erations whicli hare been studied and including- sugges'
tions as to the Possibility of adapting such methods or
operations to conditions obtaining in lndia.
(b) The authority compet€nt to grant leave shalldecide whether
the diary and repolt show that the time of the Government
servant was properly utilized and shall determine accordingly
for what periodi Study Allowance msy be granted.
60. Admissibility of allowances in addition to Study Allowance
(l) For the 6.51 t[ 180 J days of the Study LeaYe, ]Iouse Rent
Allowance shall be paid at th€ rates sdmissible to the Government
seryant from time to time at the station from vhere he proceeded on
study teaye. The continual€t of pa]'menl of House Rent-Allowance beyond
l[ 18"0 ] days shall be subjeci to the Production of a -cer-tificate as
or"r.rib"d"in Para. 8 (d) oi Ministry of Finance. O.M. No. 2 (37)'E II
iBt/ol. aut"a z7-t t-1965, as amended from time to time.
(2) Except for house rtnt allowanc€ as admissible under sub-rule (l)
and the Dearness Allowance and the Study Allowance, where admissible'
no other allowance shall be paid to a GoYernment servant in resPect of
th€ period ofstudy l€ave granted to him'
GOVERNMENT OF INDIA'S DECISION
*CCA also during the period of Study Leave'- The President is
oleased to decide that a Lenrui Cor"m-ent employee who is granted Study
Liave will be entitled to draw Compensatory (City) Allowance during the
l. Substiluled vid? C.1.. Depl. of Per. & Tr8., Notification No' I l0l'lR/E9-Es!'
(L)' &ted
,rr" z iti-t^iiiiii;. isoi. prbl,.li.das c.S.R. rio. 49 io the Gazette of India dared the 8th
February, 19S2.
* CCA slands abolished vi.dd G.l Min of Finance' O M No 2 (13y2008-E'll (B)' dared thc
'
29th Augusl. 2008.
 RULE 63 l STUDY LEAVE t05
first 120 days (ro, I80 da,) ofthe study leaye at the rates
admissible to the
Govemmenr servant from time to_time at ihe
*"rlir.'i,ito.."a"a
""il"r'F",
on study leave. The conrinuance ofpaym.nt of co.p"nsiio.yiCirrl,{iro*un."
beyond t20 days (nr,,r t80 davs r ohrhe .iroy ,iiii. rrl","iir.i'.iru.i".,
i.i".
the producrion of cenificates nrescriUa i, F-i ri 14',ji o.iur.l.itli] : are
.
ll(8y64. dated 27- -t965. ai amended nm tlr.i"'tii"I "' '" '
2. These orders take eff€ct fiom the date of issue.
I Gl.. M.F., O.M. No. I lOl8/8/88-E. II(B), dated the lgth December. t989 ]

61. Travelling Allowance during study leave

A Governmcnt servalt to whom study leave has be€n granted
not ordinarity be paid shatt
Trave ins A[o*"n..Lui ir," Fi"rid;i il;;';;
aional circumstarces sanction t-t . pry..rt oi,u"f, ;,i;;;;";:- " """"p.
, No'rE.- Where a Govemment seryant serving in the Indian Audit and
Accounls Department is on study leave in rnaiu, trll"corpt."iiJrlrirrronor-
Ceneral of India mav. in excenrionat
Travelling Allowance.
.i;rr;l;;;; #;.it",
iiJ !r"r,
"r
62. Cost of fees for study
A Governm€nt servant to whom study leave has been granted
-. shall
ordinarityte required to meet rhc cost oir""i pria io-r-ii""r,iroi trt i,
exceptional cases, the president may sanction ttr'e grani oi;;'h ;J"r,
Provided thst in no case shall thecost of fees be paid to a
s€rvant.who is.in receipt of scholarship or stipend f;;; Government
or who is permi.ted to receive or r€taio, in
;;t-;;;'rorr""
remuneration in respect of part_time employment.
io tr;; i;;;;;;.y,
"Aaition "ry
_ NoTL-
Accounts
Where a Govemment servant serving in the Indian
Deparrmenr is on slud) lea.ve in India. if,. Eornpir"iiii'una
Audit and
uenerat.ol tndra may. in exceptional circumstances. sanition i,,at.r_
the grant ofthe
cost of fees paid for the studv.'

63, Resignation or retirement after study leave

or non-
completion of the course of study
- (l) If a Government seryant resigns or retires from
otherwise quirs service withour ,etrrnirE_to oury aii.i p"ii"j seryice or
leave or with in a period of th ree yea rs "i,troy
ffive yei.s i n tt ". 'crre"Jf-C.,
r
l r."t
HeatthService Oflicer who his beengrantiO thirty_siimontiJl"-u"i
u nu",
sub-rute (2) of Rute 5l ) after I such iar., io dri'v
oi irir" i, o,"
""#iilt"
L Subslituted vtd"_!il: t)epl. ot Per. & frg. Notrticarron
No. fN,J IJ0:652nt{,-Estr
(L). dared $e 5U Aus usr. 201 l. pu^blished
as cs d \o. 60t rf rrn the
"oiin'a;.:;;i.;
5th Augusr, 20, t anj lal,es effccl fiom tlat dak C_rue il:
106 SWAMY'S LEAVE RULES [RULE 63
-
course of studv 8nd is thus unlble to furnish the certificates as required
,nu"i suu-ruti ts) of Rule 53, he shall be requirtd to refund-
(i) the actual amount of lerve salary, Sfirdy All'owante' cost of fees'
" tiavelling anO otherexpenses, ifiny' incurred by the Government
of Indiai 8nd
(ii) scturt smount, if8oy, ofthe cost incurred by o-ther agencies
'"' the
;;;h ". foreign boveinments. Foundstions iid Trusts in
connection with the course of study,

tosethcr with interest thereon at rates for the time being in force on
d;;;;;;;;i'i;;, iiom tte date of demrnd, before his resignation is
;;;;i;;p";Gion to rttire is grtnted or his quifting scrvice otherwise:

Provided that except in the case ofemployces who fail to complete the
course ofstudy nothing in this rule shsll spply-
(a) to s Govertrment servant who' rfter return to duty from study
'''' i"ut", l. p"t.itted to retire from service on medical groundsl or
(6) to a Government servant who, after return to duty from stttdy
'- ' ieave, is deputed to serve in any Stalutory orAutonomous Body
or Inititution under the controi ofthe Governmer!t and is subse-
quently permitted to resign from senice und-er thc.GoYernment
*itt "i"*
, to t i" permanent absorption in tte said statutory or
Autonomous body or Institutiol in the public interest'
studY lesve availed of by such Government servant shall be
'-' 'a) Thc
121 (

cor"ert"i into regular leave strnding 8t his credit on thc d.ate on

lnE"n rf," study Teave commenced, iny regular- tesYe.taken in
coniinuation oi study leave being suitably adjusted for the
ouroose and the balance ofthe period ofstudy leave' ifany' which
lanirot be so converted, treated as €xtraordittary leeve'
' (b) ln addition to the amount to be refunded by the Gov-ernmert
servanl under sub'rule (l), he shall be required to refund any
excess of leave salary actually drawn over the leave salary
admissible on conv€rsion of the study lelve'

(3) Notwithstandirg anYthitrg contained in this rule' the President

mav'ii it is necessary oi exiedient to do so, eithcr in public intGrest or
irrJi* i"e".u to the pecuiiar circumstances of the case or class of
oiO"., waive oi reduce the amount required to be re-funded under
iuu-.tfi tfl uvit . Governm€nt servant concerned or class ofGovernment
"".".,'Uv
servants.
 CHAPTER VII

Miscellaneous
64. Interpretation
- --Where- any doubt arises as to the interpretation of these rules, it
shall be referred to the Goyenrment of India in the Ministry of person-
nel, Public Grievances and Pensions for decision.

65. Power to relax

\trhere any Ministry or Department of Government of India is sat-
isfied that the operation of ?ny of these rules causes undue hardship in
any particular case, that Ministry or D€partment, as the case may be,
may by order, for reasons to be recorded in writing, dispense wiih or
relax the requirements of that rute to such extent a;d subject to such
exceptiors and conditions as it may consider necessary for dealing with
the case in a just and equitable manner:
Provided that no such order shall be made except yith the concur-
rence of the Ministry of Personnel, Public Grievances and Pensions.

66. Repeal and saying

(l) On the commencement of these rules, every rule, regulation or
order, including Oflice Memorandum (hereinafter refered to in this
rule as the old rule) in force immediately before such commencement
shall, in so far as it provides for any of the matters contained in these
rules, cease to operat€.
. (2) Notwithstending such cesser of operation, anlthing done or ary
action taken or any leave earned by, or granted to, or aicrued to thL
credit of a Govenrment servant, rmder the old rute, shall be deemed to haye
been. done, earned, grantad or accrued rmder the mrresponding
provisions of-taken,
these rules.
 THE FIRST SCHEI'ULE
I See Rule 3 (c) ]
AUTHORITIES COMPETENT TO GRANT LEAVE

sl Kind of leave Authority cornpafcft to

No. gant leav€
(1) (2\ (3)

Earned L€ave, Half Pay L€av€, (i) Mi[isrry / Departmcnt of the ccntral
Commuted lrave. Leave not Due, Covemment.
Extrao.dirrary Leave, Malemity
Leave. Hospital Lrave. S€amen s (r0 Admhisrdor.
Sick Leave. '[ Patelnily Lesve.
Child Adoption Leave, Patemity (rr, Cornptollct and Audilor4enrtd
Leave for Child Adoption and
Child Care trave. l (rv) He.d ofDep.ttmo[
(v) Any other authority which is the appointing
authority.

(vi.) Any subordinat€ aulhority to which the

authoriry.r (,
!o (v) may delegste lhe powet
subject to dry cofldidon thrt may be spccificd
in lh€ d€legation.

NoTE I .- If dle Govammcnt s€rvmt is in

foreign servicr,-

(i) lh€ authorily which sanctioncd the transf€t to

foreign service.

(rr) Foreip employer Powet to be ex€rcised

-
only in resp€ct ofeamed leave not exceeding
120 days ard while taling decision io trant
or refuse leave preparalory to tetiremml. prior
concrnrence of the lending authority under
!h€ Central Govemment shall be obtained as
provid€d in sub-rule (2) ofRule 38.

NoTE 2.- lf the Govcmmenl servant is

serving with a State Covea[m€nt, the State
Govemment or such suthority as may be specified
by that Govemment:

(a) while taking decision to glant or refi$e leave

preparutory to retrremcnl pnor concutrencc
of lending authority undea the Centr.l
Govemment shall be obtained:

l. Insdted rrd" GL, Dept. ofPct & Tr8., Notification No. 13026/6201 l'Estt. (L), dlted the
271h Dcc€rnbcr- 20 I L
 AUTHORITIES COMPETENT TO GRANT
LEAVE r09

sl. Xird of leavc

No. A thority compeEnr b
(l) gran l€ave
(2)
(3)
(b')

(c) ln crse the Ie ing audority utdcr lhe

Lenra Uovemrna is mt aenasrht. t^
ll|e refusel of leave prepirarory rc
rEorEnrnr. ir stull bc 96146 16 66
uove[uhe s€rvant ard if lhe Stae
uovennr€nl needs 0le scrvicEs of the
otlrccr durinS dur period, thc Govem-
nrent servanl rluy be re_ehDloved bv
Illat covernrEnt corrurrcnrti, Jitr O!
reave prepamtory to redremefi erd
teave salary regulatrd in accordance
wr& {re pmvisiotu of srErulc (6) of

2. Special Disabitiry t-cave (l) Miniyry/Depa.tncfi of tll. Cenrral

uovcnunent-
(il) Adminisf.tor.
(ir, Comptroltcr ard Audibr{eneral.
(iv) Head of Departn€nr.
(v) Any _ olher audbrity which is lh€
appolruu audoriry.

3. Sndy bave. (r) Mini$y/Dcparmc of dE Ce nosl

uoverruxrent.
(n) Adminisrnor.
(ir, Comptroller ard Auditor4eDerrl.

, AtrrHons' NorE._ The Govemrrnt se.vant

on forrign service is allowed to ercash
earned t..vcat his crcdir oh fie dale of rerirenEnr _
vrzr Rute-39i11..-
 THE SECOND SCEEDI'LE
I S.. Rulc 3 (n) I
FORM I
I Sr. Rulc 14 I

APPLICATION Fr)R LEAVE OR T1OR EXTENSION OF LEAVE

t. Nete of rpplicent
Post tcld
3. D.pqtl[Eot, offioc .td sc.tiort
4. Pay
5. Housc Raor rDd oliat CornpcDsatory AllowrE s drtwn in
thc prescnt Post
6. Nrtrre ard pcriod of lcave applicd for srd date from shich
rcquircd
7. Surdeys aDd bolidlys, if
any' pmPos'd bc to
prcfired/ntffired lo lcava ...
t. Groutrds on which te{vc is rpplicd for
9. Dalc of rcum from hst l€avc' and fte rnnlr€ ard
pcriod of
thai leave
10. I DroDosc/do nol pmpose to avail mysclf of leavc trevel
*'rr""'rsion for the btock ycers ...... ....... "' duriIg the
cnsriDg lcave
It. Address dudng leave Period
s?notur. of AppAcan
(*ilh date)

12. Remark atd-/or rccomrnendrtion of the Confiolling Offic'r

Sigr4rrs (wift date)
Dcsigmrion

CERTIFICATE REGARDING ADMISSIBILTTY OF LEAVE

13. Certilied that...................... ltatur' nf l?av?\ for """ "" " "" Q)eioA frcm
to ..... ...... ..... lrs admissibtc uodcr nde ,,,,,' ',',, of lhe
Central Civil Services (Leave) Rules, 192'
SiSrar!/e (with date)
Designation

*14. Orders of the authority competent to grrnt leave

Si8nolr? (wilh date)
Designetion

.
If the aDDlicant is drawing any compensatory allowarce, lt should also be irdicated in
to reNm to lne same post or
rhe orders on th! expiry of leave. the Govemment servant is likely
to ardher post cffrying similar a.llolr'arlce.
 FORM 2
I S., Rulc 15 ]

FORM OF LEAVE ACCOUNT

I C.1., Dcpr of Per. & Trg., O.M. No. t TOl l/l/g9-Esr. (L), dered rl|e I llh March, Zn8 I

Narnc of Covemfilcnt sarvilnt.......,................ ....... DaE of Binh

Date of commcncement of contiuuous service ,..,........... .._.......

Date of Quasi-Pemaneat / Pcrnrarcnt employhcnt..._......_......... ...... ..... Data of rctir€n€nt / resigDation

EARNED LEAVE HALF PAY LEAVE

Particulars of LEAVE
service in the E
calendar '; P 6e
66 LEAVE TAKEN
: ASaitrst ttE
half-year ; sE E
eammgs on
:t a
3*
d^eh .E !6 half pay
o
.si
UE
=E gl eE
:4 !,? 60I P- EI I ? EB 9q
nn
uJv
Et 3[
.90
a+
?.=
€;3 3*
E.E
E !!i,q !9, o. a 4-d
t- EO 95 E- F
-rl I6
'l
6 6-9 Ebi
E I5 €
9 I -t z ,E
zd
z F
O "=i
2 3 4 5 6 '7
8 9 t0 ll t2 l3 14 l5 l6 t'l l8 t9

I
tt2 SWAMY'S- LEAVE RULES
I

AE:6.9 -l
9€- 9t slo:) )
o^sal uoq ulneJ uo
rcuslsg
sl
e^stl ,(sd JlsH Jo
€l
(€t+92+61 qoJ)
uelerl a^?tl ,(Ed JleH Jo lslotr z
9 (Ze + 6Z stol)
5>
9t
o ono pN e^efl Jo Istol

z =c
99
s,(ep.lo oN

ij .Ei 9
oI Eb
3
c!
urorc
i3
€=
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(-)
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:€
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3 2t l!58 8!
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9, Ee .;;
uro.l:I
! la-il 5
o sz slo3 .Io ac
?9 zz
e^eal ,(sd Jleq oru!
peua uoa a e3l pelnururoS
irEtr
(aJl^Jrs erfot :s i oi i i
Ul e^eel Palnrruo, s{lP
oldr pau:,ruo: :acrl,{ed Jleq
016
AE'ET
s^lp 08l ol polItull) lsarelul FN I
i !
c J€
E E6 - o
cllqnd ur .q ol Pe$rua, saPnls
E
roJ 'J y{ rnoqua e^sa'l pelnuuroJ
; Eq J I
zt! E
EE;€T
2
F suE r;
d-a ,tr e.E E E

E-EEE
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8
 FORMS
lt3
FORM 3
I See Rule 19 ]
MEDICAL CERTIFICATE FOR GAZETTED OFFICERS
RECOMMENDED LEAVE OR EXTENSION OF LEAVE OR
COMMUTATION OF LEAVE

Signature of the Covemment servant. .... ..... ....

I, ............ after careful personal examination of the case hereby
certify thar Shi/Shrimati/Kumari _........-.......... -.. whose signatuie is given
above,_ is suffering from .................. and I mnsider *rat a pErioO of-ub."n""
foom duty of ........................ with effect from ...................... o'uUioiut"tv n"""r-
sary for the resroration of his/her health.
l[ *** ]
Civil Surgeotu Staff Surgeon/
Authorized Medical Anendanr
Dated ...............................
Dispensary
rNoTE l.- Deleted
NorE 2.-
This form should be adhered to as closely as possible and
shguld b,e filled in after the sigoature of the Govemment 'r.*ini t u".o
t keD. The c€nirying officer is not at liberfy to cenify that the Government ^
servant requires a change from or to a partiautar locality or thar he is not fit
to proceed to a panicular locality. Such cenificares should only be siven at
file explicir desLe of the administrarive authoriry concemed t6 wh6m ir is
open, ro decide, when an application o-n such-grounds has U"en maOi to
trim,
yh:theJ th:.lpplicant should _go before 2_z[ Civil Surg€on/Staff Surgeon/
Authorized Medica.l Anendarr I to decide the question olf his/her fimeis for
service.
NoTE 3.- No recommendation contained in this cedficate shall be
evidence of a claim to any leave not admissible to the Couer"-int ,"-ant.
FORM 4
19 ][ ,t?? Rute
MEDICAL CERTIFICATE FOR LEAVE OR EXTENSION
OF LEAVE OR COMMUTATION OF LEAVE
Signature of the Govemment servant ...............
I, ................ .. ...... after careful personal examination of the case hereby
certiry that Shri/Shrimati/K'.rmari ........ . ....... .... whose signature is glven
above, is suffering from ................. and I consider that a period of absence
L Delered. vde G.1,, D.P. & A.R., Notification No. p. l3Ol5/l t/82_Estl. (L), dared llle
25dl May, 1984.

. -2-..qr9stifi!!4, id. c.t.,D.p, & A.R., Norificarion No. p. 13015/l l/82,E!tr. (L), da@d
the 25rt May, 1984.
5 LR-t
II4 SWAMY'S-LEAVE RUI,ES

from dufv of .................... with etfect from .......... "" is absolutely necessary
for the ristorarion of his/her health
Authorized Medical Attendant
Hospital/Dispensary
... ................
or other Registered Medical
Practitioner
Dated ............. ............... ..

NorE l.- The nature and probable duration of the iltness should be
specified.
NoTE 2.- This Form should be adhered to as closely as possible and
rnootd G fil"O in after the signature of the Govemment servatrt has been
;;I;. Th. certifying officer is-not at libefty ro certify that the Gov€rnment
r"--t."qui."t i ch"ange from or to a partiaular localiry,.or that he is.not fit
io oroceed'to a panicul-ar locality Such cenificates should only be Siven at
irr.'"irii.lt o"iii. of the adrninistrative authoriry concerned, to whom it is
.""r ii ae"iOe. when an application on such grounds has been made to him'
vii,etfret ttre applicant shorjld go before a Civil Surgeon or Staff Surgeon to
decide the quesiion of his/her fitness for service'
NoTE3.- Should a second medical opinion b€ required, the authority
".-;;;; ; erant teave should arrange foi the second medical examination
io li-rrJt uftt earliest possible daie by a Medical Officer not below the
..,ii#" ifir st" geon or^staff surgeon,'who shall expres^s an opinion both
;;;;d. ih" iuit ?r ittn"rt and as-regards the necessity for the- amount of
leaG recommended and for rhis purpose he rnay either requlre Ule uovem-
ment servant to appear before himself or before a Medical ottlcer noml-
nated by himself.
NoTE 4.- No recommendation contained in this certificate shall be
evidence of a claim to any leave not admissible to the Government servant'
FORM 5
I See Rule 24 (3) ]
MEDICAL CERTIFICATE OF FITNESS TO
RETURN TO DUTY
Signature of the Govemment servant
we, the members of Medical Board
I, Civil Su taff
Authorized M al Attendant of
Registered Med Practitioner
)
do hereby cenify that we/l have carefully examined , Shri/Shrimati/
il#i--: ..-.. 1. *tor. signature is given above' and fmd that he/she
recovered from his,&er illness and is now tll to resume dutles
ln
b-"r.-.*i i.*i"". W.rt ul.o certiry that cenihcate(s) and sntement(s) of
before arriving.at this decision'
;;ii'i1il';i-am;;o tr," otigina medical
 FORMS lt5
the_gase (o1 c€rtified copies therco0 on which teave was granted or extended
and have taken these into consideration in arriving al our/mt decision.
Members of the Medical Board
(1) . ...
@
(3) ........
Civil Sur taff

Dated .............................. Registered Medical Practitioner

NoTE.- The original medical certificate(s) and statement(s) of the case
on-which the leave was originally granted or extended shall be produced
before the authori]y required to issue the above cefiilicate. For this purpose,
th: original certificare(s) and statement(s) of the case should be preparia n
duplicate, one copy being retained by the Government servant conceined.

FORM 6

I See Rule 32 (3) ]

BOND FOR TEMPORARY GOVERNMENT SERVANTS
GRANTED EXTRAORDINARY LEAVE IN
RELAXATIoN oF RULE 32 (2) (e) FOR STUDY

KNOW ALL MEN BY THESE PRESENTS THAT WE ,,,.,.,.,....

residents of......................... in the District of ............... ...... at present employed as
............................. itr the Ministry/Office of......................... qhereinafter called ,,the
Obligor") and Shri/Shdmari/Kumari ......................................... . son/daughter
of .......... . .. ... of .. .. ..... . and Shri/Shrimati/Kumari .........
son/daughter of...................... of....... . ........ . (hereinafter called "the Sureties,,),
do hereby jointly and severally bind ourselves and our respective heirs,
executors and admi strators, to pay to the President of India, his suc-
cessors and assigns (hereinafter called the "Govemment") on demand the
sum of I )
(Rupees ........................... together with inrerest
thereon from lhe date of demand at GovernmeDt rates for the time being in
force on Govemment loans or, if the payment is made in a country other than
India, the eqliva.lent of the said amount in the currency of that country
convened at the official rate of exchange between that muntry and India AND
TOGETHER with all costs between the anomey and clienr and all charges and
expeDses that shall or may have been incurred by the Government.

WHEREAS the Govemment has at the request of the above bounden

Shri/Shrimat/Kumari ..................... employed as a .............................., granted
himAer regular leave. followed by extraordinary Ieave without oiv and
allowances. for a period of .............. months ..-....... days with effiri from
5.A in order to enable him./her to study at -........................
ll6 SWAMY'S- LEAVE RULES

AND WTIEREAS the Govemment has appointed/will bave to appoint a

trUrtitui. to p"ifo.. tfr" duties of dGrng th: period of absence of
- Sirri/Shrimati/Kumari on extraordinary leave'
AND WHEREAS for the b€tter protection of the Goverrunent, the
oufigoi ts agreed to execute this bo;d with two Sueties with such
condition as hereunder written:
AND WHEREAS the said Sureties have agreed to execute this Bond as

sureties on behalfof the bounden

NOW THE CONDITION OF TTIE ABOVE WRITTEN OBLIGATION
IS fUef,' in the event of the above bounder\ Shri/Shimati'/Kumari
- .... failing to rejoin on lhe expiry'and of the period-of extraordinary
I"uu". tn" posi oideinattv heta by him./hir serve the Govemment after
*.i,iirn r.it such ieriod not exteeding a period of " years as the
6;;;-#;i -uy i.quir. or refusing io sirve the Govemmentwhich in.any other
.-".1w at mav'be required by rhe Govemment on a salary to he/she
*,iuta entittca undei the ruies, the said Shdshdmati'/Kumari ' ' or
'Ue

hii,4rer executors and administrators shatl forthwith pay to the Gowmment

on a"au"a the said sum of a together with interest thereon
fro* Ga a"t" of demand at GoYemment rates for the time being in force on
Government loans.
AND uoon the Oblisor Sbri/Shrimati,4(umari and or Shri'/Shri-

S*"tiei ufotes"id m"ting such payment the above wrinen obligatior shall be
uoia *a or"o effe"t, oth;rwise it ahal be and remain in force and virtue:
PROVIDED ALWAYS that the liability of the Sure ties hereunder shall
not be impaired or discharged by reason of time being granted or by
any
i".b;il;. act or omissi6n of ihe Govemment or any person authorized nor by
ii"-l *fr"tfto *ittt or without the consent or knowledge of the Sureties)
if,"fi'it U. necessary for the GovemmeDt to sue the Obligor.before suing
the iureties Sbri/Shrimati/Kumari and Shri/Shrimati4(umari
.. or any of them for amounts due hereunder'
The Bond shall in all respects be govemed by the laws of Indra for the
ti-. i.ine in force and the righrs and liabilities hereunder shall where
necessary 5e accordingly determinld by the appropriate Courts in India'
r[ ]
Signed and dated this .. . day of .. two thousand and

Signed and delivered by the Obligor

abovenamed Shri/ShIimati/Kuman

in the presence of
on this
l. The words "TlIe Governrnent oflndia have agleed to bear-the anP^duty Fyable
(L)' dated the
s*i;' dii"t"i. *a" c.i,-oept. oiper' a rrg , Nolifi;ation No' 11026/l/2002-Estl
iilit,tlliii,i.i, riioii;,iiu'.f,"a ". cifl s6-in t]'. cazerte orlndia,dated the srh June 2004'
t
 FORMS It7
Witnesses I
2

Signed and delivered by the Surety

above named Shri / Shrimati / Kumari

in the presence of
Witnesses I
2

Signed and delivered by the Surety

above named Shri / Shfimati / Kumari

in the presence of
Witnesses: I
2 .....

ACCEPTED
for and on behalf of the
President oflndia
rFoRM u

I See Rule 53 (4) ]

BOND TO BE EXECUTED BY A GOVERNMENT SERVANT
IN PERMANENT EMPLOY, WHEN PROCEEDING
ON STUDY LEAVE
KNOW ALL MEN BY THESE PRESENTS THAT I,
resident of ..... ......... .............. in the Distdct of .. at present employed as
....... .. ..... in the Ministry / Offce of ........ ........ do hereby bind myself and my heirs,
executors and administrators lo pay to the President oflndia (hereinafter called
"the Govemm€nt") on demand the sum of I . . (Rupees ........................ only)
together with interest thereon from the date ofdemand at Govemment rates for
the time being in force on Government loans or, ifpalment is made in a country
other than Indi4 the equiyalent of the said amount in the currency ofthat cotmty
converted at the official rate of exchange between that cormfy of lndia AND
TOGETHER with all costs between attomey and client and all charges and
expenses that shall or may have been incurred by the Govemment.

WHEREAS L................ am granted study leave by Govemment.

1. Substituted vr'rb GL, Dept. of Per. & Trg., Notlir. No. F. No. 13026/4/2012-Est1. (L),
dared the 18th February,2014, published as GSR 96 (E), in the Gazette of India, daed the l8th
Febn !ry. 2014 and takes efrect from lhar date
1I8 SWAMY'S
- LEAVE RULES

AND WHEREAS for the better Protection ofthe Govemment, I have agreed
to ex€cute this Bond with such condition as hereunder is wriften;

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION

IS THAT in the event of my failing to resume dury, or resigning or retiring from
service or otherwise quitting service without returning to duty after the expiry^
or termination ofthe ieriod of study leave or failing to complete the couse of
study or at any time wiihin a period of three years / five years after my return to
duw- I shau iorthwith pav io the Govemment or as may be directed by the
Goiernmenr, on demand'thi said sum of (Rupees ....... only) together
{
with interest thereon from the date ofdemand at Govemment rates for the time
being in force on GoYemment loans.

NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN

OBLIGATTON IS THAT the period ofmy bond mandating putting in service
for the period as specified above, after expiry ofthe study leave availed by me,
shall bi extended by a comparable period, equivalent to the ag€regate
periods of leave of aiy kind ivailed by me during the currency of the bond
period.

AND upon my making such payrnent, the above written obligations shall
be void and ifno efoect, oth-erwiselt ;hall be and remain in full force and virtue.

The Bond shall in all respects be govemed by the taws of India for the time
being in force and the rights and liabilities hereunder shall, where necessary, be
accoidingly determined by the appropriate Courts of India.

Signed and dated this .. .... ...... day of .. . . . .. two thousand and .

Signed and delivered by

In the presence of
Witnesses l. .......

2. ........

ACCEPTED
For and on behalfofthe
President of lndia

EXPLANATIoN.- The term 'currency of bond' means the period during

which the liability of the Govemm€nt servant is activated and the right of the
Government is aiive to claim the predetermined and stipulated amounts from
the Govemment servant who fails to discharge his obligation.
 F'OR M S ll9
rFoRM E
I See Rule 53 (4) ]
BOND TO BE EXECUTED BY A GOVERNMENT SERVANT
IN PERMANENT EMPLOY, WHEN GRANTED
EXTENSION OF STUDY LEAVE
KNOW ALL MEN BY THESE PRESENTS THAT I,

as ................... .. ........... in the Ministry / Office of ...... . .- ... ... ao il".iUy -

bind myself and my heirs, e*ecuto.s and administrators to pav io tf,e
President of India (hereinafter called ,.the Government',) on denland the
sum of (Rupees .......... ..... only) tog6ther witll interest .
-{
thereon from the date ofdemand at Covernment rates foi the-time being in force
on Covemment loans or ifpayment is made in a country other than Inali, ti,e - -
equivalent of the said amount in the currency of that country convened at the
official rate of exchange between that country and India AND TOGETHER
with al I costs between aftorney and client and all charges and expenses that shall
or may have been incurred by the Govemment.

WHEREAS L .... was granted study leave by Government for the

..
period ...........to ... ....... in consideration ofwhich I executed a
Bond, dated ..... for I .................... . (Rupees ................. only)
in favour ofthe President oflndia.

AND WHEREAS the extension of study leave has been grdnted to me at

my request until ...

AND WHEREAS for the better protection of the Goyemment, I have ag.eed
to execute this Bond with such conditions as hereunder are written.

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION

IS THAT in the event ofmy failing to resume duty, ofresigning or retiring fiom
service or otherwise quining service without returning to duty after lhe expiry
or termination of the period of sutdy leaye so extended or failing to completi
the course of study or it any time within a period ofthree years / five yearsifter
my retum to duty. I shall forthwith pay to the Govemment or as may be directed
by the Government, on demand the said sum of { ..
. ...-....... (Rupees
only) togetherwith interest thereon from the date ofdemand at
Govemment rates for the time being in force on Govemment loans.

NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN

OBLIGATION IS THAT the period ofmy bond mandating. puning in service
for the period as spec,ified above, after expiry ofthe study iiive auaTled by rn",

. . l. SubstrruEd vrde Gl.. De . of per & TB. Norft. No. F No I 1026/4/20 I 2-Esn (L),
dared rh€ lErh February. 2014, published as GSR t6 (E), in the Cszette oflndia, dared the liilil
february. 2014 and takes elTect from that dats
120 SWAMY'S LEAVE RULES
-
shall be extended by a comparable period, equivalent ro the aggregate periods
oiieuve ofany find availed by me, during thi currency ofthe bond period'
AND uDon mv makina. such paltnents, the above wrinen obligations shall
he void and ifno e'ffect. otierwise it ihall be and remain in full force and virtue'

The Bond shall in all respects be govemed by the laws oflndia for the time
beins in force and the rights and liabilities hereunder shall' where necessary' be
accoidingly determinedty the appropriate Couns in India.
Signed and dated this ..... .. . day of two thousand and

Signed and delivered by

ln the presence of
Wihesses I . .....

2..
ACCEPTED
For and on behalf of the
President of lndia

Expt-ANATIoN.- The 'currency of bond' means the period during which

the liabilitv of the Govemment servant is activated and the right of the
Covernment is alive to claim the predetermined and stipulated amounts from
the Govemment servant who fails to discharge his obligation.
rFoRM 9

I See Rule 53 (4) ]

BOND TO BE EXECUTED BY A GOVERNMENT SERVANT
NOT IN PERMANENT EMPLOY,
WHEN PROCEEDING ON STUDY LEAVE

KNOW ALL MEN BY THESE PRESENTS THAT WE

residents of ....... .... . in the District of . ... .. ... at present employed as
in the Ministry / Ofiice of .. .. .. . (hereinafter -catted 'lhe
oblisor") and Shri/ Shrimaihi / Kumari .... .. son / daughter of... ..
anA (h-ri 7 Stuimattri / Kumari son / daughter of ...... ............ . and
Shri / Shrimathi / Kumari .. son / daughter of .... . .... (hereinafter
called "the Sureties") do hereby jointly and severally bind ourselves and our
respective heirs, executors and'adminiitrators to pay to the President oflndia

l. Substituted vid€ GL, Dept ofPer & Trg., Norh' No' F' No' | 1026/42012-Estt (L)'
ad"a rirr. is$ r"b.ury, 2014. puilished as GSR i6 ttt. in the Gazene of India dared $e | 8th
February. 20 14 and takes effecl from that date.
 FORMS t2t
(hereinafter called'the Govemmenr") on demand the sum of I ........ ....(Rupees
. . . only) together with interest thereon from the date of demand at
Govemment rates for the time being in force on Govemment loans or, if palment
is made in a count'y other than Indi4 the equivalent ofthe said amouirt in the
currency ofthat country, converted at the official rate ofexchange between that
country and India AND TOGETHER with all costs between attomey and client
and all chrges and experses that sh;all or may have been incurred by the Governrnent.

WHEREAS the Obligor is granted study leave by the Govemment:

AND WHEREAS for the better protection of the Govemment, the Obligor
has agreed to execute this Bond with such condition as hereunder is written.

AND WHEREAS the said Sureties have agreed to execute this Bond as
Sureties on behalfofthe above bounden
NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATIONS
IS THAT, in the eventof the Obligor Shri / Shdmati / Kumari .............
........ failing
to resume duty, or resigning from service or otherwise quitting service without
retuming to duty after the expiry or termination ofthe period of study leave or
failing to complete the course of Study or at any time within a period of three
years / five years after his return to duty, the Obligor and the Sureties shall
forthwith pay to the Govemment or as may be direcGd by the Govemment, on
demand the said sum of { .
. ...... (Rupees .... .. only) together with interest
thereon from the date ofdemand at Government rates for the time being in force
on Govemment loans.

NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN

qBI1I-qATION lS THAT, the period ofbond, mandating putting in service by
the Obligor for the period as specified above, after expiry of the study leave
availed by him or he1 shall be extended by a comparabie period, equivilent to
the aggregate_ periods of leave of any kind availad by him or her'during the
currency of the bond period.

AND upon the Obligor Shri / Shdmati / Kumari ... . ....... and or Shri /
Shrimati / Kumari ..and or Shd / Shdmati / Kumari ... . . .. .... . the
Sureties aforesaid making such payment the above written obligation shall
be void and ofno effect, otherwise it shall be and remain in full force by yirtue.

PROVIDEDALWAYS that the liability ofthe Sureties hereunder shall not

be impaired or discharged by reason oftime being granted or by any forbearance
act or omission ofthe Goyernment or any person authorized by them (whether
with or without the consent or loowledge ofthe Sureties) nor shail it be nicessary,
for the Govemment to to sue $e Obligor before suing the Sureties Shri / Shrimati i
Kumari .. ...
and Shri / Shrimati / Kumari or anv of
them for amounts due hereunder.

_ TIeBond shall in all respecs be governed by the laws oflndia for the time
being in force and the rights
and liabilities herermder shall where necessarv be
accordingly determined by the appropriate Courts in India.
 SWAMY'S LEAVE RULES
122 -
Signed and dated this day of ".. two thousand and

Signed and delivered by the Obligor

Above-named Shri / Skimati / Kumari

In the presence of
Witnesses 1................
)
Simed and delivered bY the Obligor
ab"ove-narned Shri / Shrimati / Kumari

In the presence of ...

Witnesses l. ... ..... ..

Sisned and delivered by the Obligor

ab"ove-named Shri / Shrimati ' Kumari

ln the presence of ..

Witnesses 1.
2

Siened and delivered by the Obligor

ab'ove-named Shri / Shrimati / Kumari

In the presence of
Wihesses 1. ... . .

2...

ACCEPTED
For and on behalfofthe
President oflndia

during
ExPLANATIoN.- The term 'currency of bond' means
the
-period
servant is activated and the right ofthe
*f,i"t'tr," ri"Uiritv of the Covernment from
e;;;;";;i; ;it;to
claim the predetermined and stipulated
obligation'
amounts
di 6lu-"-*"nt ."tuant who fails to discharge his
 FORMS t23
IFoRM lo
I See Rule 53 (4) ]
BOND TO BE EXECUTED BY A GOVERNMENT SERVANT
NOT IN PERMANENT EMPLOY, WHEN
GRANTED EXTENSION OF STUDY LEAVE
KNOW ALL MEN BY THESE PRESENTS THAT WE ,,, ,.
residents of. . .... ........... .. .. .. .
.. in the District of .. . ..... . . at present employed
e$ in the Ministry / Office of .. (hereinafter called
"the Obligor") and Shri I Shrimathi / Kumari ....... son ,daughter of
and Shri / Shrimathi I Kumari .... .. son / daulhter of
:-.-- :. ..........:. (hereinafter called ',the Sureties',) do hereby jointly and siverally
bind_ourselves and our respectivc heirs, executors and aiministrators to pay to
the President of India (hereinafter called ,.the Govemment,,) on demairdihe
sr"tm of ( ......... .. (Rupees . . ............ only) together with interest thereon from
the date ofdemand at Govemment rates for the time being in force on Govemment
loans or, ifpaynent is made in a country other than Indi4 the equivalent ofthe
-official
said amount in the currency of that counfy converted at the rate of
exchange between that country and India AND TOGETHER with all costs
between anom€y and client and all charges and expenses that shall ormay have
been incurred by the Govemment.

_ WHEREAS the Obligor was granted study leave by the Government from
the period Aom ......... to ..
in consideration of whici he executed a Bond,
dated .......for< (Rupees ...... ... only) in favour ofthe president oflndia:
AND WHEREAS the extension of study leave has been granted to the
Obligor at his request Lurtil
AND WHEREAS for the better protection of the Government the Obligor
has agreedto execute this Bond with such condition as hereunder is wittei:
AND WHEREAS the said Sureties have agreed to execute this Bond as
Sureties on behalfofthe above bounden - ...
....

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION

IS THAT in the event of the Otligor Shi / Shdmati / Kumari
.. .. ... failing
to resume dury. or resigning ftom service or otherwise quitting service withoui
retuming to duty after the expiry or rermination of the piriod -of study leave so
extended or failing to complete the course ofsrudy or at any timc within a oeriod
ofthree years / five years after his retum to dury. the Obligor and the Sureties
shall forthwith pay to the Govemment, on demand the said sum
(Rupees of { .....
only) together with interest thereon from the date of
demand at Government rates for the time being in force on Govemment loans.

Subsrituled vide-9\1., Depl. of peL &-lrq

. .l : llotfn No. F. No. I3026/4/2012_Estt. (L),
daEd rhe l8lh. February. 20t4, p-ubhshed as GSR 96 (E), in the Gazette oftndi4 darcd the lbti.i
february, 2014 and takes efect from thal datc.
124 SWAMY'S LEAVE RULES
-
NOW FURTHER THE CONDITION OF THE ABOVE WRITTEN
OBLIGAfIONS IS THAT the per iod ofbond, mandating putting in service by
the Obligor for the period as specihed above, after expiry of tht Study Leave
availed by him or her, shall be extended by a comparable period, equivalent to
the aggregate periods of leave of any kind availed by him or her, during the
cunency ofthe bond period.
AND upon the Obligor Sbri / Shrimati / Kumari ... ... ....... and, or Shri /
Shrimati / Kumari ...... .. ....... .. . and, or Shri / Shrimati / Kumari ..... . ...
the Sureties aforesaid making such payment the aboYe written obligation shall
be void and ofno effect, otherwise it shall be and remain in full force and virtue;

PROVIDED ALWAYS that the liability ofthe Sureties hereunder shall not
be impaired or discharged by reason oftime being granted or by any forbearance,
act oi omission ofthe Govemment of any person authorized by them (whether
with or without the consent or loowledge ofthe Sureties) nor shall it be necessary,
for the Govemment to sue the Obligor before suing the Sureties Shri / Shrimati /
Kumari .. and Shri / Shrimati / Kumari .. or any ofthem
for amounts due hereunder.
The Bond shall in all respects be govemed by the laws oflndia for the time
being in force and the rights and liabilities hereunder shall where necessary be
accoidingly determined by the appropriate Courts in India.

Signed and delivered by the Obligor ..... . .... .

Above-narned Shri / Sh mati / Kumari

In the presence of
Witnesses l. .... ....

2. ..... .....

Signed and delivered by the Obligor....

Above-named Shri / Shrimati / Kumari

In the presence of
Wihesses l. ..
2. ... .............
ACCEPTLD
For and on behalfofthe
President of India

E)@[ANATIoN.- The term 'currency of bond' means the period during

which the liability ofthe Govemment servant is activated and the right ofthe
Govemment is alive, to ctaim the predetermined and stipulated amounts from
the Government servant who fails to discharge his obligation.
 APPENDX -I
I!trSCELLAIYEOUS DECEIONS
(A) Leav.e Rules applicable to civil Governnent
to .take up military service during emergency
._ scrvants permitted
(l) It has been decided in consulration with the Mi.nistry
the Ministry of Defence that permanent ci"ir of Finance and
permined !o take uD militarv'service durl"i
cori*roliUrilr.l'
*t o ."
tn.-pr"*T'..?igffi,l .rrar u.
allowed !o earn leive during mrrrury servrce according
to the Civil Lrave
Rules app-licable to them Lfore tri.i. t
amount of leave actuallv taken [y sugh p.r5g;
r tlo-il?ri[.i"riii.". n.
;HFiili1ffi'se.vic",
shall be deducted from their civit dr"..;;;;;.l"y[L"Jr|ri*r"r*r_p
9:.1_1t,3,","..0*r
ounng.
military service. shalt u"
-"o"iJTrI ir'ifii.i".
mxihry services is less than .oe teave eameaturinitiii or,_
se*i"e
lgcordlnc ro the civil rules, the ua-""
itccounts,
*lr-u.-"iiiil
io*,il8il'ciiir r.uu"
2. Temporary civil Government servants will, during
be governed by rhe military leave rules in *'*, service,
military
ai'i"ipeit-*-"
. 3. In all cases, the leave salary_ will be paid by
the Defence Authorities
and no leave salary contribution itai u. j.ri"
ments
de;'-uy",iiJEJii o.prr_
from the Ministry of Defence.
I c.I., M.H.A., O.M. No. F.35lt/62-Es6. (B), dated dle4dl December, 1962
]
It has b€en decided in consultatioD with the
Ministry of Finance Lhar
the service.conditions of the civil uoverrunent
servanb who are permitted to
up.military service during the period *-t ir-,r,.
lake
torce.
ii."ri Jri'ffi"y
i, i,
shalt be govemed by the provisions
Memoranda issued durine ire tasi emergency,
d;;;;il"-;;i"oul om..
in the Appendix (Not piited _ ti," o.iuir, oi
fnctrae"s O.iri. rUouej:-
'' ,riiliiir.
""*" -g,u.n

I c.I., C.S. (D.p. & A.R.), O.M. No. 1ll3r2_Estt. (C),

dared &e lorhAugust, 1973.
]
ll.r, pay and allowance, leave, etc..
in respect of rho"e
-^..3:
uovernment servanb who were/are permitted ro take -ui-niiiir'ari.seryice
duriDg rhe previous/present emergency were/are
prot€cted, vrZe rhe Offi,_e
Memoranda referred ro in the-margin (N*-;;;;;;:i,ilirjJI
above). o.u.
I G.L, C.S. (D.p. & A.R.), O.M. No. 39019/t/7S-EsE. (C),
(2) It has been decided in .onsulrarion wirh dat€d tlle 8lll August, rq6. ]
rhe Ministry il F,nan..
thal rhe provisioDs of rhe Ofltce M.emgqand.a
,.f.;r.d i"' j;'iilJ;igin lr,
t
fl tt'h""i'';$::"t''T;li??:i:ltt''bou'i;;'rd;;;)it#uppri-

6
sron. As soon as the rraining is over and
,ir"-fir"i*i.il,#irl",[i::
'u.r,.o,.iiiioo,'.u.nif"t"##T"1,'.X';i:i,,il:,1,,$##il*:.-jfl
i,
126 SWAMY'S
- LEAVE RULES

sranGd to such an officer, he wilt cease to be goYerned by the provisions of

itre aforesaid Office Memoranda and his claim to come baci< to his civil post
should be deemed to have been terminated automatically. Thereafter, such
an officer will be entitled to military rates of pay and allowances and could
be governed by military rules.
1q76 l
t G.I., C.S. (D.P. & A.R.), O.M. No 39O19/1/75-Esu. (C)' dat€d the 8tI August,
(1)
6) Wilh reference to Decision above, it has been decided as follows:-
(1) The permanent civil Government sewants, who remain subject to
tne CivU fraie Rules, will be graated leave during the period of their miti-
rarv service utrder the leave rules of the Armed Forces. The leave so
gr;r,t"d *itl also be subjert to the conditions and limits laid down in the
leave rules of Armed Forces.
(2) The balance of leave in the civil leave account at the time of their
transfer to military service will be frozen.
(3) (, The leave actuallv taken during military s€rvice will be
' ' ' adjusted in the civil leave account only at the end of military
seivice and in the manner indicated below-
(a) Annual leave against Earned IJave.
(D) Sick leave on full pay as commuted leave against half pay
leave.
(r) Furlough on half pay/sick leave on half pay against half
pay leave.
(iD
'' If a Government servant availed of leave during military
service in excess of that he eamed during the service under
the Civil IJave Rules, such excess consumPtion \4'ill be
condoned in terms of Ministry of Home Affairs, Office
Memorandum, dated the 4th December' 1962'
(iii)
' ' Accordingly, the leave at credit in the frozen leave account will
not be ofir;ted on for any purpose during military service'
(iv) The balance of leave eamed ouring military service. remaining
at the credit of a Govemment aeruant on the date of his
reversion after adjustment of leave availed of during that
service as at sub-p-aragraph (i) above, will be credited to his
froz-en leave accorunt itr ierms of Decision (l) above. to the
extent that the total of leave at credit in the frozen leave
account together with the balance of leave added under this
clause doei not exceed the limits up to which leave can be
accumulated under the leave rules aPPlicabte to the
Govemment servant.
(v) the civil Government servants-will be- granted.leare under
' ' As
the leave rules of Armed Forces during the period of military
service, they will not be granted special disability leave under
the Civil IJave Rules.
 MISCELLANEOUS DECISIONS t27

(4) (, A pennanent civil Governme servant, who takes leave

during the period of military servic€, will be entitled to leave
Xlary under the leave rules of the Armed Forces, if a
Govemment servant is in receipt of civil rates of pay. the
leave salary under the leave rulei of the Armed Forcei ;iU be
calculated with reference to the civil pay only.
(ii) In accordance with Decision (l), the leave salary in respect of
the leave availed of during_ military service will 'be paid'by thi
Defence Authorities. The leave salary in respect oi the ieave
earned dudng military servic€ will, if such leave is availed of
after reversion to the civil departmenr, be the liability of the
civil depanment concemed.
(5) The leave accounts of temporary Government servants, who will be
govemed fully by the leave rules of the Armed Forces during rhe Deriod of
military service, will also be frozen. They will neirher earn aiv leive under
the Civil trave Rules .ilring_ the period of milirary service noi will they be
allowed any pecuniary benefir in respect of the leave at their credit on the
date of transfer ro military service. The leave at their credit in the frozen
Ieave account will, however, be carried forward and made available to them
on their reyersion to the civil departments.
(6) Quasi-Permanent GoverDment servants will be Ireated otr Dar with
temporary Government servants in the matter of leave on their tr;nsfer to
military service.
2. These orders will remain in force for the duration of the emergency
or until such time thereafter as the Govemment may deem fit to coitinrie
them.
I G.1., M.F., O.M. No. F. 7-XII (l) Esn. IV (A)/62, dared lhe 3rd April, l!X3. ]

@) Carry-forward of leave in case of transfers

(1) Various types of cases.- The Government of India have had
under consideration for some time the question of delegating powers ro the
Ministries of the Govemment of India to allow carry forw-ard of leave in
cases of Government servants appointed under them, after rendering
temporary service under other Government departments, State Govern-
ments, etc.

- --
(2) The questioD of carry-forward of teave generalty arises in the
following cases:-
(i) Temporary Government servants transferred from one Central
Ciyil Depanmenr to another Central Civil Departrnent.
(.1) Temporary Goyerrunent servants transferred from the Central
Civil Department to Defence Department and yice versa.
(iir) Temporary Government servants transferred from a
Commercial Department to a Central Ciril Department and
vlce yersa-
t28 SWAMY'S RULES
-LEAVE
(iv) Employees of Bodies Corporate owned or controlled by
Government appointed to posts in the Central Civil Departnents.
(v) Temporary State Government servants appointed under the
Central Covemment.
(vi) Temporary Cental Govemment servants who take up
appointment under the St te Govemment and Bodies corporate
owned or controlled by Government.
(3) (, Tenporary Government servants tarcfened from one Cental
Civil Department to another Ce ral Avil Depanment.
It has been decided that the Ministries of the Govemmetrt of India, and
the Comptroller and Auditor-General in respect of the personnel serving in
the lndiatr Audit and Acc.unts Depanment, shall be vcsted with the power
to allow the mncession of carry-forward of leave in such cases, subject to
the following conditions:
-
(a) The Government servant concerned did not resign his
former Govemment employment to take up service in the
new office.
(D) There is no break in his service.
(ii) Tenporary Govenrnen sena s tansferred from a Avil
Depafiment to the Defence Deponmen and vice versa.
The carry-fonvard of leave in cases of Govemment servants appointed
in a Central Civil Depanment after rendering service in
the Defencr
Deparment and vice versa is regulated under Finance Department, Ofnce
Memorandum No. 7 (43)-R.1./44, dated the 13th September, 1944 and Of&ce
Memorandum No. 7 (43)-R.1./44, dated the lst July, 194.5 (AnnexureJ).
Not pinted. -
(iii) Tenporary Govemment senants transferred from a
Commercial Departmetu to a Central Civil Department and
ytce yersa.
The carry-forward of leave in cases of temporary Govemment servants
transferred from a Civil Department to Railway Department or vice versa is
regulated under Government of India, Ministry of Finance, Office Memo-
randum No. 7 (165)-8. M59, dated the 28th October, 1959 (Annexuell).

Orders regarding carry-forward of leave to temporary Government ser-

vants transferred from a Civil Department to the P & T Department and
vice versa have been issued separately, vidc Government of India, Ministry
of Finarce, Office Memorandum No. F. 7 (203)-8. M59, dated the 25th
October, 1960 (Annexure-Ill).
(iv) Employees of Bodies corporate owned or controlled by
Government appoinled to posts in the Central Avil
Depa ments.
(v) Temporary State Goverrunent servants appointed under the
Central Govemment.
 MISCELLANEOUS DECISIONS 129

__ Normally, the carry-forward of leave is not p€rmissible in these cases.

However. tl, rn any panicular case, the state Govemment or the Bodv cor_
porate agree to bear the leave salary charges in respect of the carried for-
ward leave, the mnccssion may be agreed io by the Administrative Ministry
coDcertred. as a special case.
(vi) Tenporary Cental Goyemment senaus who take up
appointment mder lhc State GovemDnnt/Bodies corporarc
ownzd or corumlw b) Cwtcrnmenr.

_ The_concession of carry-forwaro ot leave is not permissible nor do the

Central Government acarpt any liability in the mafter.
I G.1., M.F., O.M. No. ? (lr)-Es[. IV (4)/60, dated dlc 3oth Delrmber, t%0. ]

AI\INEXI.]RE -I
Not pinted.

AI\IIEXURE - II
TRANSFERS BETWEEN CIVIL AND RAILWAYS

The question of the carry forward of the leave at thefu credit by tempo_
rary Government servants, transferred from a Civil Departmenr to fue nirit-
yay Department or vicr versa, has been under tie consideration of
Government for some time-past. It has now been decided thal a temporary
Government servant uansferred from a Civil Department to a nilway
Departmenr, or vice versa, shall be permitted to carry forward the eamed
leave or leave on average pay, as tht case may be, at his credit on the date
ol transter, provided that the transfer is held to b€ in the public interest.
(+*:r.)
2. For the purposes of the above orders, a Eansfer made as a result of
a Government servant's application for appointment having been forwarded
t\gugh proper channel or when it is arranged in consultation with the Head
of D.€partment in-which he rvas previously lmployed by virtue of his special
qualifications and/or experience shall be treated -as a iransfer in the public
rnterest.
3, The question whether the transfer of a Government servant was in
the public interest or otherwise would for lhis purpose be determined by the
depanment to which he has been transferred. In a iase where leave has -been
allowed-to,be carried forward, it may be clearly understood that ii does nor
automatically confer any other right on the Govlrnment servant to claim the
benefits of his previous service in resp€ct of any other maner.

.,, 1. TI. c.ongeTr3n of ca-rry forward of eamed leave on average pay

wrll also b€ admissible ro rhe following categories of remporary Goveirment
servants:
-
LR-9
I3O SWAMY'S-LEAVE RULES

(n TemDorafl Govemment servants who are likely to be

' retrdnched from a Civil Department/Railway Departmenl but
who succeed in securing employment in a Railway Depart-
-
ment/Civil Department befoie their services are ac'"u:lly
Erminated: and
(ii)
' ' TemPorary Government servants who have been retrenched
-Civit
from' a DepanmenvRaitway Depa(ment and who
succeed h securin! employment in a Railway Department/
Civil Depanment while on lerminal leave.
t G.I., M.F., O.M. No. F 7 (165)-Esn. M59' dated the 28tb October, 1959 1
NorE.- The above orders shall take effect from the lst January, 1956
and the benefit would be extended to the employees in question ifthey con-
iinue to te in service, on an application being made by them to the appro-
priate authorities .

t G.I., M.F., o.M. No. l1(1)-E. Iv (A)/73' date.d the 3Oh December, 1974 1

ANNEXURE - III
TRANSFERS BETWEEN CIVIL AND P&T
(l) The question of the carry forward of the leave at their credit by
temporary Government servants, transferred from a Civil DePanment to
ioair an,i Telegraph Departme , or vice versa, has been under the consid-
eration of Goveroment for some time past.
2. It has now been decided that a temporary Government servant trans-
fened from a Civil Department to Posts and Tetegraphs Department or vice
versa, shall be permittid to sarry forward all leave at his credit on the date
of transfer, proiided the tralsfer is held to be in the public interest.
3. ,r**

5. A temporary Government servant's transfer shall be treated to be in

the public int,irest in all cases where the applications are forwarded to the
new depanment tfuough proper channel and the Government servant con-
cimed is relieved for t-akiirg up the new appointment without being required
to resign his post.
6. **r.

t G.I., M.F., O.M. No F. ? (203)-Estt. v/59, dated dte 25dl October' 1960 1

(2) Transfers of Government servant to an Autonomous Organiza-

tion conseouent on the conversion of a Government oflice/department
into an Aulonomous Body.- The Government of India have had under
consideration for some time Past the question of leave concessions to be
allowed to Government employees who are transferred to an Autonomous
 MISCELLANEOUS DECISIONS l3l
Organization consequent on the conversion of a Government office/
department into such a Body. It has now been decided in consultation with
the Comptroller and Auditor-General, that all Govemment servants,
whether permanent, quasi-permanent or temporary, so taken over by the or-
ganization will be treated as if they had continued to be Govemment ser-
vants and allowed to carry forward the leave at their credit on the date of
their permanent transfer. The Govemment would be liable for the
feavg galary in respect of the leave to b€ carried forward. This liability will
be discharged by the payment of a lumpsum arnount by the Government to
their Autonomous Organization conc€med, determined at the time of con-
version keeping in view the number of employees, their salary and the
amount ard kind of leave carried forward. The company would thus be free
to meet future commitments in respect of such leave when the emptoyees
avail of the carried forward leave.

2. The procedure for working out the lumpsum itr each case will be set-
tled bv the Administrative Ministry in consultarion with Ministry of
Finance.
3. These orders will take effect from the date of issue.
I G.I., M.F., O.M. No. F. I (I3)-Estt. IV (A)/61, dat€d the 29dr Seprember, 1965. ]

(3) On permanent absorption in a Statutory Body or Autonomous

Organization owned or controlled by Gov€rnment.- In respect of depu-
Etionists who opt for absorptiol in any Statutory Body or Autonomous
Organization owned or controlled by Government, such Body or Organiza-
tion should take over the liability in regard to leave on average payliamed
leave that the optee has to his credit at the time of leaving Gbvernment
service arrd in return Govemment shall pay ro the Starutory Body/Autono-
mous Organization a lumpsum equal to leave salary for the leave on average
pay/earned leave due to the Govemment servant on the date of his perma-
nent absorprion in such Body/Organization. While issuing the final sanction
for the absorption of the optee in the Autonomous Organization, the Admin-
istrative Ministry/Cadre Authority mncemed should also incorporate the
p_rovision with regard to payment of lumpsum equat to leave salary by
Govemment. This b€nefit will be available only in cases where the perma-
nent transfer from Government service to a Statutory Body/Autonomous
Organizalion is in public interest. These orders take effect irom the 20th
February, 1971 and cases already decided otherwise will not be reopened.
I G.L, M.F., O.M. No. 26 (18),8. V (B)/75, dared (he 8th April, 196 pan.7. .l

-
Deputationists who initially joined the enterprise on their own yolition
may also be permirted to carry forward the leave at their credit on their
absorption in the enterprise but rhe period of leave to be carried forward
should be restricted to 120 days.

I G.I., D.P. & A.R., O.M. No. 28-t6t4t16Ests. (C), dated the 25rh March, lf?. ]
137 SWAMY'S LEAVE RULES
-
(C) Pnocedure for grart of leave and disbursement and allocstion
of leave sslary
(1) State Government servants serring under Central Government.-
The Government servants lent by the State Government to the Cenlral
Govemment continue to be governed by the State l-€ave Rules and the in-
cideDce of tbst leave salaries is govemed by dre rules contained in Soction tr of
Part B of Appendix - 3 to the Ac.ount Code, Volume I. Doubts are,
however, entefiained in some quarters about the ptocedure for the grant of
leave and disbusements of leave salary to such Govemment servants. The
following iDstructions are ac.ordingty issued about the procedure to be
adoptal in the matt€r of grant of leave and disbursement of leave salary
!o Staie Govenunent servants transfered temporarily to serve under the
Cenral Covgmment:-
(l) If such a Government servant applies for leave during the
period of his temporary service under the Central
Government, the leave will be sanctioned to him by the
appropriate authority under the Central Government who
would be competent to grant him leave.
ln the case of a Ga?E tted Government servant, leave should
be sanctioned only after its admissibility has been certified by
the Accountant-General of the State Government concerned.
For this purpose, the Govemment servant should submit his
application for leave, ir dupticate, to such State Audit Officer
who after duly recording the necessary certificate on the
apptication, will retum one copy of it to the Government
servant concemed dke.t and the other to the Audit Officer,
who audis his pay, indicating at the same time the lines on
which the leave salary is to be calculated and also furnishing
simultaneously the nectssary particulars, if such particulars
have not been furnished already in accordance with relevant
provisions of the Comptroller and Auditor-General's Manual
of Standing Orders (Technical Vol. I) about pay, etc., drawn
by the Government servant which may be available in his
office and which may be necessary for the latter Audit Office
to know for the calculation of leave salary. On receipt of the
duplicate copy of the application for leave, the latter Audit
Offrcer will calculate the leave salary admissible and issue the
leave salary certificate to the Government servant direct in the
usual manner.
In the case of non-gazetted Govemment servant, the
authority competent to sanction leave may get a certificate of
admissibility of leave under the State l.eave Rules, where
necessary, from the lending ofhce under the State
Government concemed.
(i, The payment of leave salary in respect of the leave granted by
the CCntrat Government wilt in the case of a Gazetted
 MISCELLANEoUS DECISIoNS I33
Govemment servatrt, authorized the treasury,
while in the case of-bea non_gazetred_through
Coiernmint'- servanr
payment shall be made by the bonowing department or office
concemed.
In the case of a Government serva[t subiect to the
Fgn,dqmgntal Ru.les, the salary sha.ll be allocated ii
with Rules 1-8 of Secdon Ii of part B of Appendii_3 to the
iccordance
Account Code, Volume I, which in the case i,i a Covirnmenr
s€rvatrt subject to the Revised lrave Rules of the State
Governrnent the leave salary in respect of earned leave will be
debited to the State Govemhent concerned in accordance with
the provision of Rule 9 ibid.
(iir) If a Government servant applies for leave prepararory ro
retirement and it is propos6d to refuse such leive on the
grounds of exigencies of public service under Fundamental
Rule 16 or the State Rules, corresponding to Rule 7 of t]Ie
-instruciions
Revised t eave Rules, 1933, the contained in
Decision No. (l) below Rule 7 should be followed.
(iv) If a Government seryanr applies for leave at the exDirv of the
period of his employment rinder the Central Goveriurient and
Ffol. h. actually resumes duty under the State Governmenr,
the Cenrral GoverDment should decide whether leave shodd
be sanctioned. If leave is granted, reversion to the Sate
Government of the officer concerned will take effect from the
date of expiry of
leave and formal orders/notif,rcation
san-_ctioning leave will be
issued by Central Goyernment. It
will, however, be desirable to ke-ep the Shte Government
informed so that it may make arrangiments for rhe posting of
the officer at the expiry of rhe lea-ve granred ro trim by"the
Centra-l Govemment.
2. In cases where the services of the employees of any Srafirrory Bodies,
mmmercial conc€rls or semi-Oovemment org-anizations are lent to ttie Centra
Government on terms which include rhe pafren of leave salary mnrributions
the leave applied for by sucb an employai, for a period nor ixce"Oing four
months during employmenr under ltre Centra.l Coveinmenr, will be sanc-rioned
by the Govemnrent afler ascertaining the admissibility of ijave from the Statu-
lory Bdy, etc., corE€rned. If such an employee appiies for leave at the end of
,"f his emptoyment unaer bovemmint anO before'hiictually
9: 19lSdlty, utrder the Sratulory Body, erc., the leave will be sanctioned bl,
:T:p
SFIb.y.ITdy corcerned. A cop-y of orders sanctioning leave to an employee
oj q*9u"d. rl$T whether by Govenxnenr or by thi Sratutory Body, erc.,
snould rnvariably be endorsed to rhe Accounts Officer concemed. A copi
of the
gld:it :T",i:nir,C, leave ro an emptoyee of non_gazeneO ,tarus Uy rf,iSiaruro.y
tody, etc.,lhould, however, be endorsed to the officc in which he was
The liabiliry in respect of leave salary and *rnp*.rlorv'rtto**""
".pl9.yd.
payaDre to the Uovernment servant concemed in respect oi. Ieave jranted
Uoth
t34 SWAMY'S- LEAVE RULES

during or at rhe end of employment under Government should be discharged

in accordance with the terms of transfer of the Govemment servatrt mn-
cemed.
t G.I-, M.F., O.M. No. 7 (3l)-Estt. lV/58, dated the 22nd September' 1958 and 31st
May, 1!50 ard O.M. No. F. 16 (8)-E. lV (A)/65, dated dle 7th Julv, 1965. l
(2) Central Government servants on their transfer from one depart-
ment/oflice to another.- Doubts have arisen in some quarters about the
procedure for the grant of leave or extension of leaYe and disbursement of
ieave salary to a Government servant transferred from one Central
Civil Department to another such Department while he is already on leaYe
or in transit from one Department to another Department. The following
decisions have now been taken and are communicated to all concerned:-
(i) In cases where a period of leave has already been sanctioned
by a Central Civil Department and the Government seryant
cilncemed is transfered to another such Department where he
has to join on the exPiry of leave, the issue of formal
order/notifrcation sanctioning leave and the payment of leave
salary shall devolve on the depafiment from which he is
transferred.

In cases where extension of leave is apPlied for in continuation of the

leave already granted to him by lhe Department from which he is trans-
ferred, the issue of formal order/notification sanctioning leave and the pay-
ment of leave salary shall devolve on-
(a) the Department where he is to report for duty in the
transfei or reversion of the Government servant to such
Depafiment is to take effect from rhe date of expiry of the
original spell of leave, or
(b) the Department from which he is transferred, if the
Eansfer/reversion is to take effect from the date of expiry
of extension of leave aPPlied for.
(ii) In cases where the leave is applied for by a Governrnent
servant during the period of transit from one Central Civil
Department to anottler such Department, the leave should be
satrctioned by the Department where he has to report for duty
and the Department should also make suitable administrative
arrangements incumbent on the sanctioning of leave.
2. The procedure prescribed in Paragraph 1 wll apply rnatais trutandis in
case of grani of leave and the disbursement of leave salary of GoYernment
servants kansferred from one office to another under the same Department.
t G.I., M.F., O.M. No. F. 7 (3l)-Estt. lv/60, dated the Eth September, 1960. l
(3) Incidence of leave salary in resp€ct of earned lesv€ surrendered
bv State Government employees on deputation to Centre.- Under the
eitant leave rules of some State Governments (e.9., Kerala, Tamil Nadu,
 MISCELLANEOUS DECISIONS 135

Ardka Pradesh, Karnataka, etc.), the employees of those Governments,

while remaining on duty and drawing their usual duty pay and allowances,
can surrender, up to a certain limit, earned leave at their credit and, in con-
sideration thereof, draw for that period additional remuneration equivalent
to the leave salary at the rate admissible to them had they actually ayaited of
the earned leave.
2. A question has been raised whether in respect of the employees of
these State Govemments who may be on deputation to the Central Govern-
ment, this facility of encashment of earned leave, without actually proceed-
ing on leave, cast on the Central Government any liability towards the
additional remuneration admissible to them in case they avail of the faciliry
while on such deputation. It may be clarified that when the services of an
employee of a State Government are lent to the Central Government,
the leave salary contribution payable by the lafter Government to the
former, in accordance with the rules of incidence in Part B-II of Appendi3
to Account Code, Volume I, completely extinguishes the irnancial ti-
abiiity of the borrowing Government in relation to leave (other than special
disability leave, if any) eamed by the employee concemed, irrespective of
whether leave is actually availed of or not. The facility available under the
rules of the State Governments referred to above, for encashment of leave
without the leave being availed of, does not amount to any increased entitle-
ment of leave. Accordirrgly, it has beer decided in consultation with the
Auditor-General of India, that when an employee of the State Goveroment
surrenders, white on deputation to the Central Government or at the end of
it, earned leave at his credit and, in consideration whereof, becomes entitled
to additional remuneration representing cash value of the leave sufiendered,
the liability for the payment thereof will devolve wholly on the (parent)
State Goveinment and that the Central Government, being the borrowing
Governrnent, will continue to be liable for payment of only the dury pay and
allowances. The Central Govern nent will also not bear any liability for the
payment of House Rent or other Compensatory Allowance relatable to the
cash value of the leave that may be surrendered by him while on deputation
or at the end of it.

I G.I., M.F., O.M. No. F. I (4?)-8/69, dared the 4th June, l97l. ]

(4) Simplification of adjustments on account of allocation of leave

salary and pension between Departments of Central Government.- The
rules in regard to allocation or sharing of tle liability on account of leave
satary and peDsionary charges of Govemment servants with service under
more than one Department among the Departments of the Government of
India including Railway, P & T and Defence Departments containeo in
Appendix-3B{I and BJV to Account Code, Volume I, have been under
review of tlte Govemment of India for some time. After consideration of
the various issues and keeping in view the need for simpliffing inter-
departmental adjustments, it has been decided to dispense witli thi system of
136 SWAMY'S LEAVE RULES
-
allocation of leave salary and pension among the departments of Central
GoverDmenl as specified below-
(a) Leave sabry.- The existing system of allocation or sharing of the
liability on account of leave salary or Paymetrt of leave salary contribution
by on; Depanment of Central Government to another will be dispensed
with. The liability for leave salary will be bcme in full by the Department
from which the Govemment servant proceeds on leave, whether it be
his parent Departmenl or a borrowing Department with whom he is on
deputation.
In the case of Government servants who avail of leave on termination
of their deputation period, the liability for the leave salary will be bome by
the Deparment which sanctiors the leave.
(b\ Pensiow.- The liability for pension including gratuity will be
bome in full by the Department to which the Government servant
permanently belongs at the time of retirement. No recovery of proportionate
|ension nei:d be made from the other Central DePartment under whom he
had served.
(c) Contibutory Provident Fund.- T\e liability for Government
contribution shall be borne by the parent Department and no share of
contribution will be recovered from any borrowing Department.
2. These orders will take effect from lst January, 1978 and will apply
to all cases of leave salaries paid and pensions sanctioned on or after that
date.
t G.I., M.F., O.M. No. F. 2 (117)r6lSC, dated the 26lh Delemb€r, 1977. I
l. It has been decided to extend the provisions of (4) above to the
Union Territory Governments with or without legislature. Accordingly,
there will be no allocation of leave salary/peDsion contribution among
Central Goveroment Departments including Railways, P & T, Defence and
Union Territory Govemmena with or without legislature.
These orders will also be effective from lst January, 1978' Past
2.
cases where adjustments have already been effected, will not be reopened.
I Joint Controller-Geneml of Accounts, O.M. No. S. 11031/1/78/T.A. 725' dated rhe
23d February, 1979. l
l. The above provisions shall also cover cases of all Govemment ser-
vants (temporary/quasi-permanent/permanent) who have retrdered technical
resisnadon on their selirtion for iervice i-n another departmenr (including
Raii'wavs/P & T/Deferce DeDartmetrts) within the Government of India and
hence
'the queslion of altocition of pension (or incidence of leave salary)
between such Departments would not arise.
2. In this comection, il is mentioned that according to (i) M,H A '
O.M. No. 85/68/Estt. (C), dated 19-12-1969, resignation by a quasi-perma-
nent/permanent centrai Government servant to.take 9P .?PlolntTglt under
anorlr'er Central Government Department (i.e., Civil/P & T lDefercel
 MISCELLANEOUS DECISIONS 137

llil*11:1 ,p as per proviso

(jr) ro Rule 26 of CCS (pension) Rules, l9?2,
resrgnauon by a Govemment servant to take, with prior permission, another
appointment, ]yhethe r l€mporary or permaoent, undei the
tent oi du"in."n,
servrce quailhes, shall not entail forfeiture of past service
for purpose of
pension.
3. In the case of Govemment seryants who are selected inpublic
Sector
or other Autonomous Bodies with reference to their applications in response
to open advertisem€nts, the proyisions of M.H.A., O.l,i. No. 7Ol
6U6z_Estt.
(A), dated 22-1-1966, etc., as amended from time to time woufa
* appiicaUfe.
c.I., M.F., Conrrolfer-ceneEl of Accouo6, O.M. No. S.
- [
2lst April, 1980. l
n}3vtt 8}ftN14g4, dat d trc

(D) I*ave Entitlements of Temporery Status Casual Labourers

., _P.:r!:3- The scheme is applicable to casual labourers in employment of

the Ministries / Departments of Goyernment of India and their Atta;hed and
Subordinate Offices, on the dare of issue of these orders. Ariii ,h"ii
not b"
applicable to casual workers in Railways, Depanment of Telecommrn,catlon
and Department ofPosts who already hive their own schemes.
Parq- 5_* * *
(iii) l*ave entitlement will be oI a pro rata basis at the rate of one day
for every 10 days of work. Casual or any other klnd oiiiaue, e^cept
maternify leaye, will not be admissible. ihey will also be aliowed io
carry forward the leave at- rheir credit on their .egutarizaii;n. They
will not be entitled to the benefits of encashrieni oi''l"or" on
termination of service for any reason or on their quitting service.
(;v) leave to lady.casual labourers as admissible to regular
|tat9rnlg,
Lnoup 'D' employe€s will be allowed.
per. & Trg., O.M. No. 51016/Z9O,Estt. (C),
.^^- [ G.I., Depl. of
1993-App€odix.l
dated the loth Seprember,

It is clarified that the limit on accumulation of total number of days of

*lll,k^3,Tjays as in thc case of regutar Core-m.ni e.priy"er. tn
L:l::
otner words, UL t S can accumulale leave up to a maximum of 300'days
only.
Depr of Per. & Trg., O.M. No. 49014/3/2007-Esn. (C), daled rhe l8th October,
--- [G.1.,
2W1. )
C larificqtions.
-
l.-For rhe purpose of assessing leave entitlement, how should
,.Point penod
quarrlyrng be reckoned?

_ Clartfi.cation.- Qualifying period should be reckoned with reference to

acluar numb€r-ol days' d_uty performed ignoring days of weekly
off, leave and
aosence. etc. All davs of durv will [s gqunlgd irrespective
spells ofabsence. which do nor constitute break in r.rJi"._'
of intervening
Point 2.- Frequency at which leave wiU be credited.
 SWAMY'S-LEAVE RULES
I38
Ctarification.- Twice a year. On the lst of January and lst of July,
creaii wifi Ue afforAeO for the-preccding half-year or fiaction thereof, on a
pro rata basis at the rate of one day for every l0 days of work'
(C)' dated lhe 12th Julv
t G.I., D€p!. of Per. & Trg., O.M. No 49o14/2/93-Estt
1994-Para. 2, Sl. Nos 6 ard 7. l

In the Department of Telecommunications

6. Temporary status would entitle fte casual labourers to the following
benefits.-

(iii)
'-'-' kave entitlement will be on pro rata basis, one day for every l0
arrt of work. Casual leave oi any other kind of leave will not be
adinissible. They will also be allowed to carry forward the leave at
tli-it on tir"ir regularization. They witl not-be eDtitled to the
benefit of encxhment of leave on rermination of servlces lor any
"teait
reason or their qui(ing service.
lG.I., Dept. of Telecom. Circular No. 269-10/89-STN' dated the ?th November'
1989-Amexure. I

In the DePartment of Posts

1. 'Temporary Status' woutd be conferred on the casual labourers in
2g-ll-1989 and who continue to be currently employed
i.-- oo"
".proiroirii
anO' hive renOereO continuous service of at least one yqq; during the year
[* rnu" have been engaged for a period of 2'10 days (206 days in the case
of 6fhces observing five days' week).
2. Such casual workers engaged for futl working hours' viz ' 8 hrs'
l""tuainel hour's lunch time w'ill-be paid at daily rales on the basis of the
ffiilffi'oi the pay scale for a regu[ar Group 'D' official including DA'
HRA and CCA.

4. kave entitlement witl be one day for every l0 days' of- work'
o,
Ca.*i i"u""-N,j *y other kind of leave, exc€pt matemity leave, will not be
ii.i*iirf". l'n"i.trn"ttt of leave is permissible on termination of
serviies for any reason or on the casual labourers quitting service'
5. Maternity leave to lady full time casual iaboureB will be allowed
as

admissible to regular Group 'D' employees'

**+:*
dle l2lh Apnl' 1991 l
I G.I., D€pt. ofPos6 No. 45-95/E7-SPBI' dated
Cliifications.-
 MISCELLANEOUS DECISIONS I39
tor weekl-y off ro labourers continue ro remain
--_^2:-?iqi!']i,V.
same as Delore. -casual the
_viz., after 6 days of continuous work. They witt Ue intitleO
(o one weekly off. They wi[ also be entitled for 3 p"ia Naiilrn,af iloiiorys.

.. 3. Leave salary to the casual labourers wirh temporary status wrll be

paid at the rate of daily wages being paid ro rhe
i'uLii"" .J*.*.a.
"".uJ
4..Casual labourers who work in offices observing
5_days a week are
not entitled to Paid Off on Saturday or Sunauy. f" oUre?
paid off after 6 continuous working days i. p.i..ir.iUf"
*iii ii," *""ny
oJv'i- tfr-oi"'"*u"r
workers who work ar the rate ot s-nouii peio"y l,i'Jiliii,,i,,n"i,Ji"r"'ng
days a week. o
( c.I., Dept. of posrs, No.45l37_91-SpB. I, dared rhe 5thJune,
1991. l
has been decided that the casual labourers
11
-3. with of
this Depanment
co.nferred temporary shtus as per rr," ,.t ir"
said Circular No. 45-95/i7-spB. r, oarcu rz_e_i6ir.'u."i.cJrt.j'L-,r,5ioou"-
ii.rii'"1'r*
*i,i,
temporary stan:s Group ,D' employees with effect r.om ttre
Aiie ttrlv.om_
ptete three years of service in thi niwry ,"dil;;;;",r .i"*
ilro., ,r,.
alo1e-said scheme. From that date they will U,i - entiUea'lo*U"enents
admissible to remporary Group .D' employi:es .u.t ii_-"-'--- '"
"-
1. All kinds of teave admissible to temporary employees;
2. Holidays as admissible to regular employees.
I c.I., Depr. of posrs No. 66.9/91-SpB. I, daled lhe 3oth Novemb€r, 1992.
]
 APPENDIX .. II
LEAVE TERMS TO BE GRANTED TO OFFICERS
APPOINTED ON CONTRACT IN VARIOUS POSTS
GI., Dept. of Per. & Trg., O.M. No. 12016/3/E4-Estt. (L),
dated the 12th April, 1985, as amended by
O.M. No. t2016/l/go-Estt. (L), dated the 5th July, 1990'
O.M. No. l2ol6/2/99-Estt. (L), dated the l2th July, 1999 and
O.M. No. 12016/5/2009-Estt. (L), dated the 3lst Jaruary,20ll

The .rndersigned is directed to state that the leave terms to be granted to

officers who are appointed on contract in various posts under the Central
Government have bean under consideration ofthe Govemment for some time.
It has now been decided that the officers appointed on contract in Yarious posts
under the Govemment will be entitled to leive as follows:-
(r) Eamed leave as admissible to a Central Govemment servant govemed
by the Central Civil Services (Leave) Rules, 1972.
(il) Halfpay leave / Commuted leave as admissibleto atemporary Govem-
ment seryant under the Central Civil Services (Leave) Rules, 1972.
(iii) Extraordinary leave-
(a) in the case of contract appointments for one year or less, no
extraordinary l€ave,
(b) in the case of contract appointments for more than one year
but not more than 5 years. extraordinary Ieave as admissible to
a temporary Government servant under the Central Civil
Seryices (Leave) Ru les. I972, subj ect to the condition that the
total extraordinary Ieave sanctioned during the entire contract
period shall not exceed 90 days;
(c) where the contract appointment is for more than 5 years,
extraordinary leave as admissible to a temporary Govemment
servant. underthe CentralCivil Services (Leave) Rules. 1972;
(/) where the contract appointment is for an indefinite period, tt'e
officer will be entitled to extraordinary leave as admissible to
an o{ficer in permanent Govemment service under the Central
Civil Services (Leave) Rules. 1972.
)
2. Encashment of Leave.- The contract oflicers w'llsao rzorz be allowed
encashment ofeamed leave at their credit on the date oftermination ofcontract
subject to the ceilings mentioned below
 LEAVE TO OFFICERS ON CONTRACT l4t

Maximum earned leave for

Period of contract appointment which encashmenl
will be allowed at the timc of
termination of contract

2 years or less No encashment

more than 2 years up to 5 years 50 days
more than 5 years up to l0 years 100 days
more than l0 years up to l5 years t 50 days
more than 15 years up to 20 years 200 days
more than 20 years up to 25 years 250 days
more than 25 years 300 days
3. The encashment of earned leave as above will, however, be subject to
the condition that the total eamed leave for which encashment will be a[lowed
together with the earned leave or full pay leave for which encashment had been
allowed in previous appointments, ifany, under the Govemment an Autonomous
Body or Bodies or Public Sector Undertaking(s) is not more than 300 days.
4. These Orders take effect from lst July, 1997 and will be applicable in
cases oftermination ofcontract on or after this date. Accordingly, encashment
ofearned_leave beyond 240 days shall be restricted to the quantum ofsuch leave
eamed after lst July, 1997 onwards.

5.. The grant of encashment of leave will be subject to the conditions

prescribed in the Central Civil Services (Leave) Rules, i972.

. -6..In so far as the application ofthese orders to the offjcials employed in

the Indian Audit and Accounts Department is concemed, this issuej with the
concurrence ofthe Offce ofthe Comptroller and Auditor-Ceneral oflndia.

3. Encashment ofEarned l,eave to oflicers appointed after retirement

within two years.- Officers who are appointed on contract basis after retirement
even within two years has been considered in consultation with Department of
Expenditure. It has now been decided that encashment ofEamed Leave will be
allowed to retired oflicers. appointed on contract basis after retirement eyen
within the first two years, subjecr ro the condition that the total number ofdays
for which encashment is allowed on termination of contract together with tLe
number ofdays ofEamed Leave or Full pay Leave for which e-ncashment had
already been allowed in previous appointments under the Goyernment shall not
exceed 300 days. The O.M. No. l20l6Dl99-Estt. (L). daled the l2d Julv. tq99,
stands modified to the extent mentioned above.

2. These orders take effect from the date ofissue.

_ 3. So far as persons serving in the Indian Audit and Accounts
Dgpafm!ry1 {e concemed, these oiders are being issued ut". .oriuttution
7 with rhe c&AG of India.
 APPENDIX - III

ORDERS REGARDTNG GRANT CF CASUAL LEAVE

lxb srnctll cAsuAL LEAvE

CASUAL LEAVE
and is not subject to any
Casual leave is not a recogoiz€d form of leave
dor"-r.ni of India' An official on casual leave is not
-r".-#uil'ui*,.
l["iJ * "uii"i r-m dutv and his Pay is not intermitted'
Casual l-eave but not with
l.Casual leave can be combined with Special
any other kind of leave.
2. It cannot be combined with joining time'
period of casual leave are not
3. Sundays and Holidays falling during a
counted as pafl of casual leave'
offs can be
4. Sundays / public holidays / restricted holidays / weekly
prefixed / suffixed to casual leave'
no daily allowance will
5. Casual leave can be taken while on tour' but
be admissible for the Period.
6. Casual leave can be taken for half-day also'
7. Essentially intended for short periods lt should not normally be
granted fo, more thap 5 days at any one ttme'
8. LTC can be availed during Casual l-eave'
9. Entitlement (per calendar yearF
8 days For those entitled to 17 holidays'
-
For emDtove€s with disabililies' additional 4 days as SPecial
Casual
;;;;"ffiftii'; ,"q'iit;t"ts relatins ro tlre disabilitv- of the
.'n"ia ,l,L o.r.'r., adtJ rs-rr-zooa tte; GID l3belowE Miscell-
-
aneous).
l0 days For those not entitled to l7 holidays'
-joining during the middle of a year may avail casual leave
10. Officials
pr";;i";;l;;ri;;'iiiit p"tlofi at tne aiscretion of the compeEnt authoritv'
account of
Revised form for maintaining cazual leave account'-The for this
."rrii.rr.-i. piir.ni-rnuintuinJ in iorm S l89 (not printed) and
"i lr- muintuintd in each section or branch' a seParate page
ilil;;;6;i y*t As a measure of economy and
heins allotted to each employee tutty
l" it'' tiliti'',,! rorm' it has been decided to replace
;:lii""il;;;;;;o,i"t to this Office Memorandum'
the existing form by a new one as in ini"xute
i-;;;i;# based'on the re'isJ'form should be maintained hereafter'
 ORDERS REGARDING C,L, AND SPECI,AL C,L. 143

The intention is that, only one page should be used for a whole year
for all the
employees.rn one section (group), appmpriate indication being
eiven in the
againsr the dare_on which casuat leave or resriEti hotiday is
:l:I1lt:gtumn
avarled of by an individual and the entry should be aftested by the
sanction'ing
officer promptlv by means of dated initials.
... It is requested that suitable instructions may be issued to all concerned to
utilize the revised form for the maintenance of cisrat teure a""ount.-----
ANNEXURE
Cas,ual Leave and restricted holidays account for the yelr ..............................
Ministry / Department ....... ................, Section / Branch

Casual L.€ave taken oo (dates) RH

st. No. Name Rernarks
12345678 I 2

[ G.1., M.H.A., O.M. No. 46l3/61-Esrs. (A), daEd lhe l?th July, 196t, read wilh O.M.
-
lZ9I9,1--JCA, dated rhe l4rh JaDuary, 1998. l No.

Halfday's casual leave to be debited for late attendanc€._ The

^
Government of India have had under consideration foi'iorn" tii" pu.t
measures to enforce punctuality and ensure prompt and efficient
t aniu"tioi, of
work ln Central Govemment offices. It has been found that in many
offices.
Iate attendance, with or without permission, is frequent. Wt it.
o..uiionul fut.
attendance due to unavoidable reasons. e.g., illness in the family,
a cycle
puncture, late running of buses / train. etcl may be .onJo*a,-iilir.
,, no
t::]tl:l::l_l:r J:quenr, ta(e attendance for theie ,.u.o^. in ?u"t.-li"qu.n,
rare anendance even
_with prior permission is not conducive to the effiiient
rransacnon ot work. It has accordingly been decided that half
leave should be debited to the casua'i i"uu" u""ouni oi u
-ciu"-,i!'nti".uum
a day,s casual
for each late attendance but late attendance t" ;'h;rr,;;';;-rtr"
tt rn
l:9::: j9i.il a monrh may be condoned by "p the competeni
rs sausleo thal lt ts due to unavoidable reasons like those "rttoiitv,
,. i
mentioned Larlier.
In case such a course does not.ensure punctual anendanie
servant, suimble disciplinary action may be taken against
Jit
"-iio*i"__"nt
t,irn-in-uAa-irion to
debiting. hatf a day's casuat ieave to t i, l^rui r.rr.-i..orni'o"
of such late attendance i"i"J."".i",
t44 SWAMY'S- LEAVE RULES

2- tt is aDDreciated that lhere may be occasions on which a Government

'i^u-f,Iui-iimi uiqeni privai? work, which does not require a tull
".'"riti
Orv'i i"tuit leave, e.g., when he has to 8o !o Railway Statloo to recerve a
-have
Hi..o il *rii*,'oi"td a aispensarv to himself or a memb€r of his
il'i-rr-" ii"liial-lr'rr." been d&idea'that in such cases half a day's. casual
i1"".'ri-JriJiiiaiJl*u;;6;fi;"rt servant' rurv be to granted-o lim and
It'Jiiiiii['ii-i ;i n;trc i
iJ,: Govemmeni servant attend office late
&;;;r?"8';T-1"" .o-ioe *iih permission) sbould cease forthwith'
3. A Crcvemment servant fi)ay have some urgent PT-v3re work
in the
,t"rri"-'*rriJ--0.*- ""i t"qult" " iltt duy't casual leave lf he 9".:h tr,I ?
;;;; *.ral leave in tlrc afte'moon, it may be gra ed !o him (md.[le ex$ong
frictice of leaving office early with permissiotr should cease lortirwlth)'
4- For the erant of halfday's casual leave vide Paru' 2 and 3 above'
rr,. ruo.i'ini"-riur-ii ro be thi dividing lhe, i'e, a person who at
bkes
illf{r;b r""r" for forenoon sessi-on is required to mme^to
^office
"^uJ
i*ch-11.i.-rri-r:o p... i" of offices wtiich open at- 9'3o a'm')'
"*"for afternoon sessiotr, he can be.allow€d to
'siil"ir#ir.'iil'oi*""'t ii"t i"ur"
p... in the case of offices openins-at 9'30
il;;*"iiil'"i i.iiip... lJ r.ooaiiet"nt
l.iir. -r"v'i*io"-*
ii'.miJ'J *n!"ii-io'tto* office hour/lunch time' the Head of
tiil# io *r,u, would be the dividing line for the grant of
half{ay's ca-"ual leave.
5. In view of the decisions contained in the preceding pamgraphs'
the
account of some Govertrment servants
batarce -a:t ciioir io ttt" casual leave
#;;;-;.-; ;f tull dav PIur half a day ln such cases'. urere is no
#ttil.";"'-ti;;;; t'ilf ; dav's casual ieaue in conjunction wittt tull
;;i,1';;; ilur".,li * ,ppri.o for' Likewise, even
of
when the casual leave
tull days' lhere is no
;'d;"dt, "iu bor"-.nrilnr servantcasual leave in coniunction-
is in terrns
with tull
lli}il io iri"-ei-i;f existing' resrriction imPosed in
hJr-dav's
lvtinisry's
#fi;; l."u'". rn" lome
the 23rd Dece-mber' 1959' on lhe number
Sirrl i*r. &li6d e.tl.'iel' o16
;iAri;;l;; thit ian normattv be sranted at a time will' however'
continue to aPPlY.
6. In the case of a GoverDnent servant who, having- exhausted his
.r.*i'r6ri-"tiena"-omce ute up ro og"- bour at a tirne for,unavoidable
Hil'*'iliii".i"a ln iara. r abovi, such late attendance may be condoned
;;;;;;;;'iffi;; occasions in the month; if, however' he attends office
i;il; Jffiteni;;ions in the month, disciplinary action mav be taken
against him.
7. As no orders regarding punctual attendance would be frrlly effective
unless strict measures are taken for their enforcement-' . Section
-6lrtcers
should be very panicular in scrutinizrgE ti.te
6iiil",&;d"ty me tun"t hour mrist'also be yery scrupulouslv
;;;;;;;'itdti.k. -siitii"
l;::H;i1";G-ti" ofhcers/Supervisory offic€rs- themselves'
ililiJ o:il-i ;li*k; ;;t-b; canied out'in one or two sections of a
"lir#lfi6ip1*ii,1ilbin"'". u,o.itt'" direct supervision of senior officer
a-

like the Joint Secretary rn of Adminijuation or of lhe Head of

"n,g"
 ORDERS RECARDING C,L. AND SPECIAL C,L. I45
Department, as the case mav be_ Where there are Heads
may themsetves carry out the surpriseihi"k
of
"' Offices,
""'* they
fri;i*iif
I G.I., M.H.A., O.M. No. 6oll?/6+Esrs. (A), daEd tu 4h Au8usr, l!b5. I
Comp€Batory .off.- It has been decided that the accumulation of
compensarory leave in lieu of dury on Sundays, €rc., *iti
,"i U" i,iU;""r i"
such teave shourd ri
alowed iitLin'i'm;I;';iil
itoming
flul.,*,,bur
I c.I., M.F., O.M. No. 9 (t?)-E. II (8y65, dared lhe 2?lh Nov.n$cr, 1965.
]
Exception.- It has been represenaed tlat it is difficult to granr the
compersarory leave wirhin oo" nioort in"iiirL: t8"suooen
"s-"oiiaei.
spun of work, a full section or a wing of
-
oinSi ioo.rrtiri-olf u'.ioruf"
number of emptoyees has to be pur on- worl drri;i i;tid;"-'-Ii'.ir"h
.u*.
ttte granr of compensatory teave to all he suff";iri;in';
possible
fronil*i, not
-without d;trimenr to currenr work. h has, th;;?;.;,'&;ilteciaea
that white as a rule tbe compensatory teaue stouio 6e'!ia.i;;;ld,
on"
month of its becoming aue.'rrris con'aiiion ;i;;
;la?ffi'il'"1l1,,o*r
clrcumstances where an officer of tbe rank of joint Seciitarv
oi'r-U.ir. <,
the--case of Secretariar staff) atrd H"ud oa i,e Deerr;;;Iiio"ir,.L"
staff of Anached/subordinari or ottrei oidceJ is- J,iL.iila"ir,ii,ij'*I_, or
i
mmpensatory leave to all the staff within monrh wouid-car-ie.serious "r
gfnt,.work provided. rrri ooi --e -tt.i-ilo" a,y.,
*l*::,:^:^_ll leave
compensatory ^ is allowed to be availed of at a time.
I G.I., M.F., O.M. No. F. 9 (17)-II (By65, dared drc 2oln March, 1 7. I
SPECIAL CASUAL LEAVE
A. For participation in Sports and Cultural Activities
(l) Sports events.- At presetrt Special Casual l,eave is sranted to
^
ueDtral Uovernemnt servants for a period not exceeding 30 days in any
one
calendar year for-
(, panicipating in sponing events of national/intemational
rmportance;
(iI) coaching/4dministrarion of teams participating in sponing events
of national/intemational imponancC;
(rrD
llenging coaching or training camps under Rajkumafi Amrit Kaur
Loacntng:jcheme or similar All India Coaching or Training
Schemes;
(iv) 36.n6rt coaching or rraining camps at the National
Institute of
Spons, Pariala:
(v) parriciFating in mountainecring expeditions;
(v0 attend^ing_coacldng^camps in sports organized by National
Sporrs
reoeratton_/spons Boards recognized by Government (DeDartmenr
of Youth Affairs and Sponsy; ird
(yi, participating in trekking expeditions.

LR- IO
146 SWAMY'S LEAVE RULES
-
2. SDecial casual leave is also granted to Central Govemmetrt.servaots
r". i"oaitu io aivt ii any one calendar year-for participating
in-i"t[r-Uinisteriat and iiter-Deirartmental tournaments and sponing events
"-*Iilol"nit
held in and outside Delhi.
and
Besides the inter-Ministerial and inEr{epartme al sponing.meets
,nr-r-int will availible to the physically.disabled
-6;fi;..t
. special casual leave be
imployees who are sponsored to paflicipate. in sports
C;;rl
#iilt".i"-*G otguriir,ir by different State Govemments subject to the
overall limit of 10 days in a calendar year'
-qriitl*
3. The Govemment of India have had under considelation for some
of granting some fufl'her incentives/facilities to
,i-.1u.i- tl" -.p.tti*"."i'.
lil".'ri", ,ra The- malter has been examined and the
President is pleased to decide as follows:-
(n Itr the case of Central Govemment servants who are selected for
","dil;;;'i" ;;ttit e of nalional/intemational importance' the
##dti ;"" iruir-Lvi "u"ns
ot *t ich thev paniciPate itr rhe evenrc as also the
ffirifit i, ""G'ird t" *apre-participatng
from suih tournirmens/meets may be. treated
Coaching Canp is held i
,"- Auir. furtt.t, if- any
ittiiiilt *i,r, ,ri" uuou,i-oi"ntiirn"u iventi and the Govemment servant is
;;iffiii-i; il;il-tni *"' this period mav also be reated as.on dutv'
E"ir--"-".',iiri.'G iiisifu p.ouitions regarding grant of Special. casual
i.;;-f1;ii;prtp;t"irn"niio'n"o in this item mav be treated as cancelled'
(irl The ouantum of special casual leave for a period not exceeding -30
arr"'ii r'-"iJraiiyear 'ato*eo to(vii)Central Gov-ernment
l
employees for
will
il'"-$t-irarc""o-ii it"-. <iiO to in Para above' cover also
events
'tfei'. inenai"g the pre-selection trial camps connected with sPortrng
of national/intemational importanc€.
Nationat Championships by Nalional. Sports Federation'- For
t'\e
*uiline tlie faciliiies mentioned in the O M , referred to above'
""-o."-oi
'N;','#; ehr-;6;ships being conducted by the recognized National Sports
il;;;r-.hi; u"i"d conoi.t.a bv thL recognized National spons
conducted by
FJ.ffi;;"il lnaffiud disciplines- and National Games
of National
ifi#'i;i;di" A;soiiaiion striuu be recognized as events
importance.
Events recognized by the International Sports, Bodies.'- For the
-.;;"s-;d'uy
.r,r-*"-oiauaitin-s the facitities mentioned in the O M' quoted above' the
;;;i* .fiJ rtre Inte-atio,tal Spons Bodies in . the concemed
ili;l# in wtiich participation has Leen with the prior approval of
itr. 6"riir-*i ip"parini"n, of Youth Affairs and sports) may be treated
as sporting events of intemational importance'
conducted by the Central Civil
It is further cladfied that toumaments for
Senices Sports Board are recognized as events of National importance
il;6";;i";;aft b"nifit."contain"d in this Depa(ment's o M' dated
16-7-198s.
 ORDERS REGARDINC C,L, AND SPECTAL C,L 147

Managers, Coach€s, etc.- Managers/CoalhesA,Iasseurs/Doctors

as
m3y. be approved or required by ihe Federations- ,nAir-
aomlnlste_r/coach/maaage tbe teams panicipation in sports -r",
events of
to
National/Intemational importanc€
-ay 6e treited as a" lniegiaf p-aLrt of the
teams. and these officials may also be allowed rhe ,u-. f1iitifi",
,r.
ava able to sponspersons for such pafliciparion except that the question
grant of rewards in the form of advince increments
^ of
-Ua-U"tn1iAe."a on
-j when sporuored by the Departments
recnnrcatif ottlclals concerned with the administration"o"*-J-
1t11,]:l Ho*"r"r, tt"
of the tourDirments will
not be treared as part of the tearns.but will be given the iu"ifitli.
oT-uuulling
of special casual leave as is admissible ln ttrj case of person, Jor"r"O io
fqi !,(iO ro (wr) of this Depanmenr's O.u. or ei"n-nulii, o"tea
l6-7- 985.
r

_. G.l:. Dept. of Per. & Tr8., O.M. No. 6/t/85+sn- (pay) 0), dated rhe l6h July, t9E5,
7rh -,I
Novem-ber, l9E8 ard $e 8rh June, t989 ad o.u. Ni,. larii'tilolii_dn., a"iJ',r," r:,r,
August, 1993. l

For _players seriously injured during sports competitions in Telecom

-
rrept.- It was decided in the meeting of the Telecom Spons Control Board
at New Delhi ot
]9-12-1987, that if in the event of aay .ponr.a]j*o_an
ini,lr* oI beins hospitalized during rhe f.ti.o* spontng
eve s. ::rj:*t{
^c:l]:-c he/she should be given special casual leave, but in any case
the tota'i
number ot special casual leave availed by hir/her should nor exc€ed 30
lays in a year as imbibed in the instructions issueO Uy tne b"prn-"rt of
Personnel and Training, New Dethr.

I G.I., Depr. of Telecom, No. 17-26l87-Spofls (D, dated rhe 30rh December, 1987.
l
(2) Cultural Activities.- Home Ministry,s O.M. No. 46tZO/54_Ests.
(A), dated rhe l6rh June, 1958, provides for gi-ant
ot speciat ,o
Uovernment servants who panicipare in sponing -events"^uJ'i"ru"of National/
Internattonal tmportance and Inter Ministerial/Intei_Departmental tourna-
ments and sporting events. It has been decided to ext"rd this
ro
those Gov.lrnment sewants also who participare l, cuftoiaJ-actir.iiles,
"on"".iio,fif<e
dance, drama. music, poeric symposium, etc., ofan efr_nJiu,
character orgailized by the Central Secretariat Spons Control
oiiri".-stut.
Board or on
rrs Denatr subJect to rhe overall limil of 30 days referred
to in paragraph td)
of that OM. Special casual teave will not be'admissible foi
panicipalion in culrural activiries organized locally. olr",lE" o. fo.

I c.I., M.H.A., O.M. No.27t3t8-Es6. (B), dated &e 28lhJune, 1969.

I
Representations have been received from various quaners that similar
concession may be extended to CeDtra.l Cou.--Jni-"_pJov*.
ro,
panicipation in National and Internarionat a-"ire
organized by covernment of India/Governm*i ip""r"i.a"
;Ji;si;'liii,iil...
matter has been considered and it has U."" a""i'O"J-m*t
6'Ji"i rr,.
servants, who panicipate in dancing and singing
b"o-r"".n ar,
o-.lrnireO ,t
"orp"tition,
t48 SWAMY'S RULES
-LEAVE
Resional. National or lnternational level may be granted sPecial casual leave
i,Ji"ii,Ea-i"i'1j oiys in any calendar veai'. It is clarified thal he special
with
*irA li"ri-*iU no't ue adirissiute foi practice lo connection such
cultural activities.
The term 'Govemment Sponsored Body' mentioned -in- rhis office
fra".oi-du. Aenotes instihltio;s and organizations substantially controlled
assisunce from tlrc
il"'-6o*rn*.nt and which receive lubstantial
Gvemment in the form of granl-in-aid.
I C.I., D@t- of Pcr, & Tr8., O.M. No. 2&)ldtl87-Est
(A)' &Ed dE glh S@II5er' l9E?' l

Several instances have come to notice when Govemment s€rvants are

auo"IJ io-ou.ti"iD;ti in lnternational culhral events such as Festivals of
irii, i"'i"t'"Gii i"untries. Ketping this in view' it has betn decided to
iiti"o tt" r"op" of the instruciions issued vide oM, dated 9-9-1987' to
orovide for qi-t of Sp""iul Casual Leave to Government servants to
5;i;;;"i;i" i;;aiionil culrural events such as Festivals of India,-abroad'
fi;iri;ili""rl iulruta.l euent for which Special Casual I'eave is admissible
st ii by the Government bf India/a Govemment sPonsorcd
icor..-ent Sponsored Body'would have the same meaning
"ro Tha"i"
s;dr. ".i.rri"a
Erm
as dlfined in OM. dzted 9-9-1987.
The maximum limit of Special Casual kave on account of Partici-
oation-in dancine and singing competitions at Regional' Nationa'l or Inter-
ili;;Jl"*l as-well as pinicipati6n in international cultural events would
not exceed 15 days in any calendar year.
I G.1., Dept. of Per.& Trg , O.M. No. 28016/5/8E-Estr
(A)' daEd dle tst APril' t992 l
(3) Mountaineering Expeditions.- It has been decided that Govern-
ment servants pafllclpalrng m mountaineering exP€ditions Pay b€
granted
i*iili r!*i nbt ex"ceeding 30 days in any one calendar year' subject
".t""r conditions:-
t; the following
(a) thar the expedition has the approva'l of the lndian Mountaineering
Foundation: and
(D) there will be no change in the overall limit of 30 days' special
''cuua.l leave for one ialendar year for participation in sponing
event of National or Intemational importance'
The Deriod of absence i-n excess of 30 days should be treated as regular
leave oi the kind admissible under the lea'a rules aPpticable to tIe Person
ihi. pr.pote, Government sewants may- be permitted as a
"".*-"J.-f"i
ipi"iA to combiire ipecial casual leave with Segular lrave'
"^"
I G.I., M.H.A., O.M. No. 27l4/68-Ests
(B), dated the 6$ Novernber' 1969 1

(4) Trekking Expeditions'- The question has beer raised, whether

'oecial'casual Ieaie could be granted to Government emPloyees tahng Part
i{ tririi"i ripioirioni ur.o. in" matter has been considered caretulty and
-ir,ii
t, ilG;"" T;td;o tt period of absence from duty of central
"
 ORDERS REGARDING C.L, AND SPECIAL C-L. I49
Govemmert employees- participating in Trekking Ex@itions may be
regulated by the grant of special casual leave not eiceeding 30 days in one
calendar year, subject to the following conditions:-

.1.. (c)_ That the expedition has the approval of the Indian Moun_
taineering Federation or is organized by youih Hostels Association of India;
and

.
(r) There wi! !e ry chlnge in the overalt limit of 30 days of special
casual leave for an individual Govemment seryant for one caleridar vesr fot
participating in sporting events ofNational or Intemational imponancd.
2. The period of absence in excess of 30 days should be treated as regular
-
leave of the kind admissible under the leave rirles applicable to the p€rsons
-be
conc€med. FoJ this purpose, Croverrunent servants may permiued as a-special
case, to combine special casual leave with regular leavC.
I G.I., Depl. of Per. & Tr8., O.M. No. 2801d2/E+Estr (A), dared rhe I I rh ADril. 1985 and
No. 28016/3/89-Esn. (A). dared rhe 25rh Oclober, t989.1

B. For Famlly planning

(l) In the csse of Male Employees.- Male Central Government
employees wto undergo Vasectomy operation under the Family Welfare
hogramme for the first time may be granted special casual'leave not
excerding five working days. Sundays and closed holidays intervenins should
be ignored while calculating the period of special iasual leave.- If any
employee undergoes Vaseatomy operation for th-e second time on account of
-failure of the first operarion. special casual leave not exceeding five
the
working days may be granted again on production of a certificate fro-m the
Medical Authority concemed to the effect that the second operation was
performed due to the failure of the first operation.

(2) In the case of Female Employees.- (a) Female Central Govern-

ment employees who undergo Tubectomy operations whether puerperal or
non-puerperal -
may be granted special casual leave not exc€eding 10 working
&ys. -
(b) In the case of female Central Govemment employees who undergo
Tubectomy o;rration for the second time on account of the failure of the first
operation, speaial casual leave not exceeding l0 working days may be granted
again on production of a medical cenificate Aom the prescribed Medical
Authority concerned to the effect that the second operation was performed
due to the failure of the first operation.
(c) Female Central Govemment employe€s who have insertions of
Intra-Uterine contraceptive devices may be gant€d special casual leavc on the
day of the ruCD insertion.
(d) Female Cen[ a! Government employees who have reinsertions of
Intra-Uterine Device (IUD) may be grantcd sp€cial casual leave on the day of
the IUD reinsenion.

LR-II
150 SWAMY'S LEAVE RULES

(e) Female C-entral Government employees who undergo Salpingectomy

."".,itlir" aft.t Meal."t Termination of'Prlgnancy (MTP) may be grant€d
special casual leave not exceeding t0 working days.

Female Govemment servants who undergo Salpingectomy operation

alonp with Medical Termination of Pregnancy and avail the facility of
-"t"'rnitu 1""u" for six weeks under Rule 43 will NOT be
entitled to
additionil l0 working days ofspecial casual leave'

(3) MaIe Central GoYernment Employ€es whose wiYes und€rgo

t,ruecio-v operation.- (c) Male Cenuai Government employees whose
*** ura1rgo'.ltft"t pu"tpitul or non-puerperal Tubectomy operation for the
ni.iil-" ot-rut the s'ecorid time due [o failure of the firstleave
oPeration (under
for 3 working
irrnii, Weffare norramme) may be granted special casual
aavs. iubiect to the-produciion ;f a ;edical certificate slating that their wives
t,"i'" ,"J!igo". rrdertomy operation for the se.ond time due to the failure of
tai nirt opE ution. It shall'noi be necessary to state in the certificate that the
fi.t"n"" 3t the Cenral Governmenl empioyee is required to look afler the
wife during her convalescence.
(6) Male Central Government employees .
wives- undergo
-whose
Tubectomy / Salpingectomy operation after Medical Termination of Pregnancy
(MT?) miv be'erinted sbecial casual leave up to 7 days' subject to the
oroduirion'of the-medical cerlificate stating that their wives have undergone
tubectomv / SatpinqectomY operation afte: Medical Termination of hegt'ancy'
It shall not be iecEssary io iute in the cenificate that the presence of the
Central Government employee is required to look after the wife during her
convalescence.

Special casual leaY€ has to follow the date of operation.- The grant
of soeiial casual leave to a male CoYernment servant whose wife undergoes
Tubectomy operation is intended to enabte him to look after his family after
the operation. In the circumstances, the special casual leave will. necessariJy
have io follow the rlate of operation and there cannot be any gap between the
date of operation and the daie of commencement of spe'cial casual leave.

(4) Spechf casual leave to women employees when their husbantls

undergo Vasectomy operrdon.-
-should The question wheth€r women Central
Goverirnent employ-ees be granted any Special Casual-Irave when
their husbands rindirgo Vasecomy oPeration in terms of this DePartment's
O.M. No. 28}l63n-5-F,stt. (A), dated G8-1978, has been engaging the
attention of the Government of India for some time. It has been now decided
that special casual leave for one day, on the day when fieir husbands unde'go
Vasectom, operation may be given to women Central Government
employees, to enable them to attend on their husbands.
(5)Post-sterilizadon ComPlicadons.-(4) Non-Hospitalizationi
Post-Vasectomy Complications / Post-Tubectomy complications:- Commuted
 ORDERS REGARDING C,L, AND SPECTAL C,L, l5l
leave to be granted, if n_ecessary as complications requiring hospitalization are
oI mrnor nature which do not call for addilional special cai:al l6ave.

.Ieave(b.)beyond
Hospitalizarion: A Government employee who requires special
rhe
casual
limits laid down for u'naJrgoin! ,t"iitiruti"o'n'-oi"r"tion
owing. to the. developmenl of post-operation .ol.pf i'"uiiori'rr'v'Le i-to*.a
speclar casuat teave lo cover the period for which he or she is
hospitalized on
account ot^ post-operational complications, subject to the production
cenrltcate trom the concerned Hospilal Authorities/an Autiorized
of a
Merjical
Attendant.

(6) Admissible for steritization operation by laproscoplc method

tas.been raised these pro'uirioii ,"ruin! io grun,
1F-":f,1 !-r::ll",lleave to male
oI speatal casual -whethir
and female Central Govemment empiovees on
account. of- puer?eral or non-puerperal Tubectomy operari;;;-;ill
be
appllcable atso to cases where the sterilization of female CLntral Government
employees is performed through operation under laproscolic ;;ihA. -
2. The matter has becn considered in consultation with Ministry of
Health and Family Welfare and it has been decided ttrai-itri-'aloresara
provrsrons retattng to gant of special casual leave to male
and female Central
uovernment emptoye€s- may also be applied to cases where the steritization
operalton rs performed by laproscopic method. Ministry of Finance, etc.,
are
requested to bring this decision to'the notice of all coicemed i"-in!
una.,
their control.

. _ (?) ft" special casual leave for Salpingectomy operation undergore

with 'induced abortton'.- See GID (3) Uetoi, nute i:.'

.(E) For.under3oing recanalization operation,_ Central Govemmenr

employ€es who undergo operation for recanalization may be granted special
casual leave up ro a period of 2l days or actual period irf hoipitalization
as
ce(rtred by rhe Authorized Medical Artendant. whichever is less. In addition,
special casual leave-can also be granted for the actual perioa of
rfre io ana fro
Joumey-pertbrmed_ for undergoing this operation. The'grant of sDecial casual
leave lor recanallzation opera on (without any commitment to the
rermbursement of medical expenses) is subject to the iollowing
conditions:_
(0 the_-operation should have been performed in HosDital / Medical
College / Institute where facilities for recan"tization aie avaitaUte. If
the operation is performed in a privare hospital, it itoufi-L on.
nomrnated by- the State Government / Uni6n Territory Adminis_
tration for performing recanalization operations.
(ii) the.reqrlesr.lor grant of spccial casual leave is supponed
by a
medical crrtificate from the-Docror who p"rfo-"A tt ilo"iitton
ro
rhe. effecr. that hospitalizarion of Ur" C6remminr
,"*inilo. tf,"
penoo supulated therein was essential for the operation
and
post-operation recovery.
152 SWAMY'S-LEAVE RULES

The concession indicated aboYe is admissible to Central Govemmelt

employees who--
(c) are unmarried; or
(D) haYe less than two children; or
(c) desire recanalization for substantial reas--o-n!, e'g',-a Prson has lost
" all male children or all female chitdren sfter Vasectomy /
Tubectomy operation performed earlier.

(9) Combining \f,ith regular / casual leave.- Sperial casual leave

.rnnoi.d with steriTization / recanalization under family welfare programme
mav be suffixed as well as prefixed to regular leave or casual leave However'
.o.ilal casual leave should'not be allowed to be prefixed both to regular leave
aiO casuat leave. Sperial casuat leave should either be prefixed to regular or
to t"uu" and'not both. Similarly, special casual leave may be suffixed
to r"gutar leave or to casual'leave and not both The intervening
iitt"u.uuf
"i uni' o. Sundays may be prefixed / sufhxed to regular leave' as the
t Jiauyr
case may be.
t G.I., D.P. & A.R., O.M. No 28old3r8-Estt.
(A), dated the 6th Attgust' l99i
No. ZAOI6/ilfOEsu. (A), datei lhe 3oth APril, 1981, No 35l&82'Esn (A)' daEd rhe l3lh
(A),
O;iober, 19E2, No. 28dlAsA3-EstL (A), dalfd the 5rh JaDuary' 1984, No' 2801ul /88-Estt
Ou-"a ,lri" zri Julle, 1988, No 28ol6r'l/91-Estt. (A)' dated the l3th May, 1992 and No
28016/OZ20O?-Estt. (A), dated lhe 4th January' 2008. l
(10) Not rdmissible to temporary status Mazdoors'- Benefit of
'CL/Special
soeciat increment cannot bi allowed to casual labour with
timporary suius who undergo sterilization of their own or of their spouse'

t D.G. Posts. 45-5692-SPBJ, dated the l5th March, 1995. l

C' For Ex'Servicemen

Appearlng before Medical Re-SurYey Boards and to-go to Artllicial

Limb Centres- for treatment, etc'- The DePanmcnt of Personnel and
Administrative Reforms have been receiving from time to time requests
irom Ministries / Departments for concurrence to the gmnt of special casual
ieave to Ex-Servicimen re-employed as civilians' for appearing- before
Medical Re-survey BoarJs for aiseising their disability pension and also to
those Ex-servicemen who had sustained injuries during oPerations and are
re-emoloved as civilians, to enable them to go to Artificial Limb Centres for
.eolaclmint of the a.rtificial limb(s) or for treatment. This Department has
;;;;;;li; b*" asreeinq to such requests in consultadon with the Ministry of
Finun"i] no*.l.r, iith the inciease in the number of such cases, the
o""riion of a"legatina necessary powers to Minishies / Departments has
-lt his the been decided (hat the Ministries / Departments
bbn examined. now
;;;;;a mav themselves decide such cases without ref$ence to this
ixp"rt.irt or'the Ministry of Finance and grant special casual leave to
 ORDERS REGARDING C,L. AND SPECIAL C,L, I53
their staff under their administmtive control for the purposes mentioned
above. They can, in such cases, after satisfying therrselves about tle merits
of each individual case, grant special casual leave up to a maximum of
fifte€n days in a year, including transit time both ways on the basis of
medical discharge certificates.
The power of granting special casual leave under these orders will b€
exercised by the Head of Department as defimd h SR 2 (10) in the case of
Govemment servants under their administrative control and by the
Mirdstries/Departments of the Gov€mment of India in other cases.

I G.1., D.P. & A.R., O.M. No. 28016/12n5-EsB. (B), dat€d the 4dr May, 1976. I

D. For Union/Association Activfties

(1) Menrbers/Leader/Secretary of Stalf Side of JCM.- At the
requestof the leader of the Staff Side, the Head of Departmen Ofhce,
under which a Member of Joint Council is serving, may sanction specia.l
casual leave of not morc than five days in a year to enable a member of the
Staff Side to attend Staff Side consulrations. No travelling/daity allowance
will be payable for jourueys performed for such consultations.
Similarly, the leader of the Staff Side and, at above the Departmental
Joint Council level, one Secretary from the Staff Side designated as such by
the t€ader, may be allowed additional special casual leave of not more than
ten days in a year for preparing Staff Side cases; and
The orders contained in this Ministry's O.M. No. 24133159-Ests. (B),
dated the 4th January, 1960, regarding the grant of special casual leave up
to a maximum period of ten days to the office bearers of the recognized
service associations for participation in the activities of their associations
will also continue to be applicable.
I G.I., M.H.A., O.M. No, 8/I/61-JCA, daEd dlc lSdr Odobcr, t%6 Prrd. 7 (i).nd
(rr). I -
ln accordance with the instructions contirined in Paragraph 7 (i) of the
Ministry of Home Affairs, O.M. No. 8/I/64-JCA, dared the lSrh October,
1966, ar the rcquest of the leader of the Staff Side, the Head of
Department/Office under which a Member of a Departnental Council is
serving, may sanction special casual leave of not more than five days in a
year to enable to member of the Staff Side of the Council to attend to Staff
Side consultalions, without any T.A./D.A. for the journeys. It has now
be€n decided that instead of a total of five days' special casual leave in a
year mentioned above, fte Slaff Side members of the Departmental Councils
may be allowed for such consultations-

_ (t).- Qg day's spocial casual leave for each meetitrg of the DepartmentAl
Council (No T.A./D.A. would be admissible for these daya) ana itr
additioD;
154 SWAMY'S LEAVE RULES
-
(ii) One day's duty period, on the day preceding the day of each
meeting of the Deparmrcntal Council, for consultations, as this will be
treated as duty, T.A./D.4. would be admissible.
This issues with the concurrence of the Ministry of Finance, vide thetr
U.O. No. 3830/E. IV (B)/70, dated the 28th August, 1970.
I G.I., M.H.A., O.M. No. 8/6,0-JCA, dated dle 30rh October, 190. I
(2) Union olfice.besrers/delegat€s.- It has been decided that the
following facilities may be provided to recognized Unions/Associations of
the Central Govemment Employe€s to carry on their activities:-
l. Taking into accouni the present practice in various Depanments, it
has been decided that the existing position of special ca$al leave as laid
down in Home Ministry's O.M. No. 24/33/59-Est. (B), dated the 4th
January, 1960, be furthet liberalized as indicated below-
(a) Those office-bearers of recognized S€rvice Associations/Unions of
Central Govemment employees who are getting speciat casual
leave up to a maximum of 10 days in a calendar year for
participation in the activities of Associations may be allowed
special casual leave subject to the same conditions as in the O.M.
referred to above up to a maximum of 20 days in a calendar year.
(r) Speciat casual leave up to l0 days in a calendar year will be
admissible to outstation delegate/members of executive mmmittee
of recognized All-India Association/Federation to anend its
meetings.
(c) Special casual leave up to 5 days in a calendar year would be
admissible to local delegates and local members of executive
committees of all recognized Associations/Unions/Federatiotrs.
It is, however, clarihed that those who would be availing of casual
leave in their capacity as office-bearer under (a) above will not be entitled to
avail casual leave separately in their capacity as Delegate/Committee
Members under (b) and (c).
2. It is clarified that the special casual leave granted for purposes of
work connected with JCM as laid down in Paragraph 7 of M.H.A., O.M.
No. 8/I/64-JCA, dated the 18th October, 1966, is in addition to the special
casual leave mentioned in Paragraph 1 above for participation in the
activities of the Associations/Unions.
3. It has been decided that the Chief Executive as defined in lhe
Constitution of the Associatiotr/Union/Federation or the General Secretary,
or where the Ctief Executive has b€en specifically defined, the General
Secretary may be brought on ransfer to the headquarters of the appropriate
Head of Administration as far as possible. Lr such of the Government
departments/offices where a different practice is being followed now, the
existing practice, if not less favourable, may continue.
 ORDERS REGARDING C,L, AND SPECTAL C.L 155

4. It has been decided ttrat three years should be the normal period of
deputation for elected office-bearers of Unions, but may be extanded in
sp€cial cases.
I G.I., M.H.A., O.M. No. 27l3/69-Esrs. (B), dard lhe 8rh April, 1 9. I
Cl.aifications.- According to Order above, ofarc€-bearers of
recngnircd, Service Associations/Unions of Central Government employe€s
are allowed special casual leave up to a maximum of 20 days in a calendar
year for participation in the activities of Associations/Unions. Outstation
Delegates/Members of Executive Committee of a recognized All-India
Association/Federation are also allowed special casual leave up to l0 days
in a calendar year for attending its meetings. Similarly, the local Delegates
and the local Members of Executive Committees of all recognized
Associationsrunions/Federations arc allowed special casual leave up to 5 days
in a calendar year for attending meeting of such Associations/ Unions/
Federations. A question has been raised as to how the grant of special casual
leave should be regulated-
(a) in cases where a Union/Association/Federation follows a year
other than the calendar year fbr pruposes of its annual Elections;
a:rd
(D) in the case of office-beiuers, etc., who come into office during the
course of a year io casual vacancies.
The matter has been examined in consultation with the Ministry of
Finance and it has been decided that (i) in cases referred to in Paragraph 1
(d) above, the entitlement of special casual leave should be regulated in
terms of lhe year actually followed by such Union-/Association/Federation in
place of the calendar year; and (ii) in regard to the case of office-bearers,
etc., coming inm office during the course of a year in casual vacancies
I
referred to in Paragraph (D) above, the competent authority may, at its
discretion, grant special casual leave up to the maximum entitlement in a
full year, h,aving regard to the genuineness and merits of each particular
case.
I G.L, C.S, (D.P.), O.M. No. 8/13r2-rCA, dated dre 4lh Septembft, W2. I
(3) In P & T.- Io modification of the orders contained in Paragraph I
of D.c., P. & T., No. 54/7/69-SPB. Il, dated 30-12-1969 \not prinreD, it
has been decided that speciat casual leave up to a maximum of 20 days in a
year may be granted for the followi-ng purposes:-
l. (a) When Delegates to the Alt-India Conferences and Circle
conferences and meetings and Members of the Executive
Councils and circle and Divisional Executive Committees are
required to attend such conferences aad meetings.
(r) Whm members Aom ouBtations are required to attend
monthly meetitrgs with Heads of Circles.
(c) When members ftom outslations wait on deputation on the
Minister/Minisrer of State/Depury MiD.ister and Director-
General.
156 SWAMY'S-LEAVE RULES

2. Special casual leave may be allowed to members of the Unions

comine ftbm outstations to anend thet monthly meetings with Departmental
officeri at Divisional level on the following conditions:-
(a) That not more thatr two Memb€rs of the Divisional Union are
allowed this concession during a year.
(D) That special casual leave is allowed only for the dayldays of the
me€ting aDd the actual time taken in the journey.
(c) That the maximuri limit of special casual leave allowed does not
exceed 12 days in a year.
(4
'' That the concession undet this item will not bring an--additional
benefit to staff who under Paragraph I above are allowed the
concession of special casual leave to the extent of 20 days il a
year. If any oflicial is required to me€t the Divisional-Head, the
ipecial casrial leave granted to him for the purpose will be counted
against those 20 days sPecial casual leave in a year.
(e) The local members may be given suitable off for the duration of
meeting.
3. All the above-mentioned concessions are to be allowed subject to
condition of exigencies of service.
I D.G., P. & T., Memo. No. 54/I/71-SPB. [, dated the 15th March' 1971 ]

E. Miscellaneous
(l) Interview/Medical Examination to join Indian Naval Reserve.-
The period of absence from dury of civilial Govemment servants
occasibned by l}leir interview/medical examination, etc.. in connection with
their ioinine the Indian Naval Reserve and the Indian Naval Volunteer
Reserie stroiuld be treated as special casual leave. This conctssion would,
however, be admissible in those cases where it may not be possible for the
Government servants concerned to attend to their civilian duties after the
intervieWmedical examination, etc. If a Government servant withdraws his
candidature at the interview, he would not b€ entitled to any special casual
leave.
I G.1., M.H.A., O.M. No. 4?/4/62-Ests. (A), datEd dle 4h December, 1 2 and O.M
No. 47l28/63-8s6. (A), datei $e 20th June,1 3. l
(2) Transit Time to join training in Territorial Arrry, etc-- Wlen
Civil Government servanls are calfud for training ia the Territorial
Army/Defence Resewe/Auxiliary Air Force, the period sPent by them in
uansi! from the date of thet reli;f from civil posts to the date on which they
report to mililary authorities and vice versa should be treated as special
*iurl 1""u". Dirring such periods, which should be restricted lo the
minimum required for the purpose, they would be paid pay and allowances
at civil rates by their parent departmenvoffice.
t G.I., M.H.A., O.M. No 36/15/64-Ests. (B), daled dle 15dlJune, 1965 1
 ORDERS REGARDING C,L, AND SPECIAL C,L, 157

(3) To attend Competitive Examinations,- The Govemment of

India have had under consideration the question of treatment of period of
absence from duty of Central Government servants appearing at
depanmental promotion examinations (op€n) mmpetitive examinations. It
has been decided that special casual leave may be granted to Central
Govemment servants who are eligibte to aPpear at dePartmental promotion
examinations which are neither obligatory Ilor entail a condition of
preferment in Government service I e.9., limited competitive examination
for Se.tion Officcrs' Grade of the Central Secretariat Service, departmental
examirution for recruitment to Grade IV of the General cadre of IFS (B),
etc. l. Special casual leave will not, however, be admissible to departmental
candidates for appearing at the open competitive examinations held by the
UPSC, e.g., Combined Services Examinations, Stenographers Examinations,
LDCS Examinations, Assistants' Examinations, etc., for direct recruitment.
Special casual leave for lhe depanmental promotion examination will,
however, cover the actual duration of the examination concerned plzs the
mhimum period required for the journey to and from the examination
centre nearest to the headquarters station where such examination is held
outside the headquaners. No travelling allowance will, however, be
admissible to the Government servant appearing at the examination.
Government sewants can combine special casual leave with ordinary
casual leave Out not with regular leave) for the purpose.
The power of granting special casual leave under these orders will be
exercised by the Head of the Department/Office concemed.
I G.1., M.H.A.. O.M. No. 4626163, Ests. (A), daEd the 2rd Dcember, l!X3. ]
(4) To appear at the proficiency test conducted by the Subordinate
Service Commission for grant of advance increments to StenographeE
(ordinary grade).- A question was raised regarding the treatment of absence
from duty of the candidates who appear for the proficiency test conduded by
the Subordinate Service Commission for grant of advance increments to
Stenographers (ordinary grade) in the Subordinate Offices of the
Government of India in accordance with the recommendations of the Third
Pay Commission. The question has been considered and it has been decided
tinl the period of
ab,sence of the candidaies may be treated as Special Casual
I-eave under the Ministry of Home Affain, O.M. No. 46126163-Esn. (A),
dated the 2d December, 1!b3.
2. Government servants can combine SPecial Casual l-eave with
ordinary casual leave Out not with regular leave) for the purpose. The
power of granti:rg Sp€cial Casual l.eave under lhese orders will be exercised
by the Head of the Depanment/Office concemed.
t G.I., D.P. & A.R., O.M. No. F. 2E016/5/8GEsts. (A), datEd the 23rd December,
1980. I
(9 For looking after work of co{p€rative societies formed
exclusiyely vith the Central Government empl,oye€s.- Members,
Delegales of Members, Managrng Committee Members and ofhce bearers
t.R- 12
158 SWAMY'S LEAVE RULES
-
of Co-operative Societies (formed exclusively with Central Government
employei:s) who are posted outside the headquarters of lhe societies, may be
grAteil special casual leave up to a maximnm period of t€n days itr a
iatendar year plzs the minimum period required for the joumeys to attend
such meetings.
Members of the Co-operative Societies whose bye-laws provide for
attending Annual General Meetings/Special General Meetings tbrough
delegates of members will not be eligible for special casual leave and in
such-cases only the elected delegates will be eligibte for this special casual
leave. However, if the members are required to participate in any meeting
outside the headquarters of th€ society for the purpose of electing their
delegates, they may be granted special casual leave.
The power of granting special casual leave under these orders will be
exercised by the Heads of Departments/Ministries concemed.
Special casual leave under lhese orders, will be allowed to be combined
wirh ordinary casual leave only and not with regular leave. Sundays/
Holidays intervening the period of special casual leave will not be ignored
but will form part of special casual leave.
I G.I., M.H.A., O.M. No. ,16/22l63-Estt. (A), dated dle l4th January, lqi4.. ]
The benefit of special casual leave as admissible in the Mimstry of
Home Affairs, OM of 14th January, 1964, may be ext€nded also to those
Govemment employees who are members, office bearers, etc., of such
Co-op€rative Societies aad who are posted at the same place as tl'e
Headquarters of the Co-operative Societies, subject to the following
conditions :
-
(r) Special casual leave should be granted only to cover the actual
period of unavoidable absence and subject to exigencies of work'
If the absence will be in lhe forenoon or h the afternoon, as the
case may be, then special casual leave may be granted for half a
day only to cover the actual period of absenc€.
(ii) The Government servant concerned should furnish a certificate
from the Co-operative Society concemed to the effect that he
actually attended the meethg, indicating the time and duration of
the meeting.
(iil) The grant of special casual leave under this OM would be subject
to all other conditions laid down in the Mhistry of Home Affairs,
O.M. No. 46122163-Estt. (A), dated &e l4th January, 1964.
I G.I., M.Ii.A., D-P. & A.R., O.M. No. 28016/l/84-Estt. (A), drt€d dE l9th Juie,
l
1984.
(O Hesds of DeporbneDts may gratrt specia! casual leave itr csses of
natural calamities, bandh, etc.- Proposals have been made to the
Department of Personnel and A.R. for delegation of powers io geads of
Depanmenls to grant special casual leave to Central Government employees
who stay at places far from their headquaflers, as a result of which they
 ORDERS REGARDING C,L, AND SPECTAL C,L r59

have to commute a long distance to their office, and due to dislocation of

traffic arising out of natural calamities, bandh, etc., they are not able to
undertake the joumey and repon to the headquarters for duty.
The matter has been carefi ly cotrsidered in consultation with the
Ministry of Finance (Department of Expenditure). In accordance with the
Department of Personnel and A.R.'s O.M. No. 2716171-Ests. (B), dated
l-11-1971, all the Heads of Depanments have been authorized to grant
special casual leave with the concurrence of the Ministry/DepartmeDt
administratively concerned. ln view of the genuine difficulty felt in
exercising of powers by Head of Depanment with the prior concurrence of
Ministries/Departments, it has been decided that the following procedure
may be adopted for granting special casual leave in cases of the kind
mentioned in Para. I above:-
(a) Special casual leave wherever admissible under the provisions in
this regard may be granted by the Head of Depanment.
(D) All such cases where special casuat leave has been granted should
be reported to Mitristry/Departnxent/C. & A.G., as the case may
be.
t G.L, D.P. & A.R., O.M. No. 28016/lr9-Bsts. (A), dated lhe 2&h May, 199. l

Copy of G.1., Cabinet Secretaiat (Dept. of Personnel), O.M.

No. 271617l-Estt. (B), dated l-l l-1971
Special casual lerve to employe€s who could not attend oIfice on
account of bandh, curfew, failure of transport, etc.
The absence of Central Government employees oo a day or days of a
bandh may fall under one of the following categories:-
(i) where a Government servant had applied or applies for leave for
the day or days of the bandh for genuine reasons, e.g., medical
grounds, of which the competent authority is satisfied;
(iD where the competent authority is satisfied that the absence of
individual concemed was entirely due to reasoDs beyond his
control, e.9., due to failure of transport or disturbances or
picketing or imposition of curfew, etc.;
(iir)unauthorized absence, i.e., where conditions mentioDed in (i) or
(il) above are not satisfied.
As regards the first category, leave of the kind due and admissible,
including Casual l-eave, may be granted to the Government servants
concerned. As regards the second category, if the competent authoriry is
salisfied that the absence was due to failure of transport facilities, special
casual leave may be granted to such Govemment servants who had to come
from a distance of more than 3 miles to their place of duty. If the absence
was due to picketing or disturbances or curfew, then too special casual leave
could be granted to regularize the absence, without insisting on the
condition that the distance between their place of duty and their residence
160 SWAMY'S I-EAVE RULES
-
should be more than 3 miles. Special casual leave in either of the cases
mentioned above may be granted with the concurrence of the Ministry/
Department concerned.
2. As regards the thhd category mentioned above, under the proviso to
Fundamental Rule l7 (1), 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. Unauthorized absence of this kind, apart from resulting in
loss of pay and allowances for the period of such absence, would also
constitute a break in service entailing forfeiture of past service for all
purposes, unless the break itself is condoned and treated as dies non- lf the
break is condoned and ueated as dies non by the competent authority, the
service rendered prior to the break will be counted for all purposes, but the
period of the break itself will not count for any purpose.
3. There might, however, be a case in which a number of Govemment
employees acting in combination or in a concerted manner may absent
themselves Aom duty for a part of a day only. The provisions of Ministry of
Home Affairs, O.M. No. 60ll7l6/=Ests. (A), dated the 4th August, 1965,
shall not apply to such a case. Their absence even for a part of a day in the
above circumstances shalt be deemed to be unauthorized absence for a
whole day, and action may be taken in regard to the unauthorized absence
as outlined in Para- 2 atrove-

4. It is requested that these orders may be brought to the notice of all

the Heads of Departments under your control for appropriate action and for
informing the employees under them suitably in regard to the provisions
contained in Paragraphs 2 and 3 above.
(7) For participating in activities of Kendriya Sachivalaya Hindi
Parishad.- The question whether Government servants participating in the
activities of the Kendriya Sachivalaya Hindi Parishad should be granted any
facilities by way of special casual leave has been under consideration.
Taking into account the fact that the activities of the Parishad have a relation
to the Official t anguage policy of Government, it has been decided, as a
special cas€, that Govemment servants may be gra ed special casual leave
to the extent indicated b€low for work connected with the various meetings,
etc., of the Parishad-
(a) in connection with the genera.l body meetings of the Parisbad and
on the occasion of its prize distribution, an office-bearer of the
Parishad may be grant€d spocial casual leave up to the limit of five
days in a year including the time taken on jourDq6, subjecl to the
condition that the special casual leave will be confinod to ttc days
on which the meetings/ceremonies are held and the time actually
taken on the joumeys;
(r) for participation in the rneetings of the Central Committee at
Delhi, an office-bearer travelling from an outstation may be
granted special casual leave up to a limit of hve days depending
on the distance of his place of duty from Delhi; and
 ORDERS RECARDING C,L, AND SPECIAL C,L. l6l
(c) office-bearers working in the Central Secretariat at Dethi and
going to different places for attending to activities of the Parishad
other than tbose mentioned in (a) and (D) above may be granted
special casual leave up to a limit of rwenty days in a year for the
oufward and return journeys, subject to the condition that (r) the
special casual leave will be resricted to the time actually spent on
the joumeys, and (ir) for reckoning tlrc twenty days limil, such
special casual leave as may have been taken in terms of (a) and (D)
above will be taken into account.
All Ministries/Departments may please note that the total special casual
leave granted to an individual during any one year for any of the purposes
mentioned in (a), (D) and (c) above or for all the purposes taken togethir, is
not to exceed twenty days.
I C.S., D.P. & A.R., O.M. No. 28016/2/7GEsn. (B), dsted lhe 2qh June, 1q76. ]
(8) During Elections.- (a) General Elections to lrk Sabha/State
Assembly.- Every eligibte voter is entitled to be regisEred in the Electoral
Roll of a constituency in which he ordinarity resides. In some cases, it may
happen that the Central Govemment employee residing, and enrolled as a
voter, in a particular plac€/constituency, say Delhi (where election is to be
heid) may be employed in any office located at some other place, say,
Faddabad/Ghaz iabad, etc. ln such cases, the individual Central Government
employee may be granted special casual teave, if his ofhce does not happ€n
to be closed on that particular day, to enable him to exercise his franchise.
(b) Bye-Ekctions to Lok Sabha/Statc Assemblies.- Same u (a) above.
(c) Panch{yat/Corporation/Municipalities or other local bodies.-
Central Govemment offrces shall not be ctosed. Employees who are bona
fide voters and desire to exercise their franchise should, however, be
offered reasonable facility, subject to the normal exigencies of service,
either by way of coming late to ofhce or by being allowed to leave office
early or a shon absence on lhat day.
I C.I., Dept. of Pcr. & Trg., O.M. No. l2l4/86JCA, dar.d lhe gth March, 1987. ]
(O Biennial Elections to State Legislariye Councils from Graduates/
Teachers Constituenaes. t++r' All Central Govemment employees who
-
are University Graduates and are bona flrde voters in the election to the
tJgislalive Couircils from Graduates and Teachers Constituencies may, in
future, be allowed Special Casual I-eave on the day ofpoll to enable them ao
exercise their right of franchise in such elections.
I G.I., Dept. of Per. & Trg., O.M. No. lznl*lc{, d^Et ttD l6dr May, 1994. I
(9) Snecial casurl leaye may be granted for the following purposes
also:-
1. Training and duty as members of officially sponsored Auxiliary
Police organizations, such as Home Guards, National Volunteer Corps, etc.
2. Training as a member of St. John Ambulance Brigade (to the extenr
not covered by ordinary casual leave due).
162 SWAMY'S LEAVE RULES
-
3.Periods spent in camp by Government servants to join the Urban
Units of Territorial Army, not exceeding 14 days, which can be combined
with regular leave, where necessary.
4. Interview/medical examination at the time of actual recruitment,
commissioning in the Urban Unit of the Territorial Army (to the extent not
covertd by ordinary casual leave due).
5. Training with P & T Units of Tenitorial Army.
6. Attending coacbing or training camps under the Rajkumari Amrit
Kaur Coaching Scheme or similar All-India Coaching or Training Scheme,
provided the Government servants are selected or sPonsored by a National
Spons Federation/Association recognized by All-India Council of Sports
and approved by the Ministry of Education.
7. Participants in Republic Day Parades and rehearsals connected
therewith as members of the St. John Ambulance Brigade.
8. Donating blood to recognized Blood Banks on working day (for that
day oDly).
9. For giving running commentaries over the All India Radio/
Doordarshan in National/International meets to officials selected or
sponsored by the National Sports Federation/Association recognized by the
All-India Council of Spons and approved by the Ministry of Education.
10. Central Government servants who having joined Ilk
Sahayak Sena
have won cedificate of merit and are required to participate in the Repubtic
Day Parade (for the period of stay not exceeding 14 days phts minimum
period required for joumey from headquafters to Delhi and back).
11. Attending Couns of law as jurors or assessors with the permission
of Heads of Depanments.
12. Govemment servants who are members of the Indian Institute of
Public Administration and who are residing outside Delhi for attending
authorized meeting of the Institute for a period not exc€eding 6 working
days in a calendar year plm joumey time.

- Chapter ll. ]
I G.I., M.H.A., Notes on OfIice Procedure
(10) Special casual leave enhanced to 7 days to employees associated
with the activities of St. John Ambulance Brigade.- According to
M.H.A., O.M. No. 27l5/70-Estt. (B), dated 12-1-1971, Government
servants, who have enrolled themselves as members of st. John Ambulance
Brigade white performing such duties during office hours on working days
may be granted special casual leave not exceeding three days per annum.
Also, if the duties so performed extend to only half a day on any one
occasion, the said OM provide that only half a day's sPecial casual leave
should be allowed.
2. On the basis of a request made by the St. Johlr Ambulance
Association, the Ministry of Health and Family Welfare recommended for
consideration of this Department, enhancement of special casual leave to
 ORDERS REGARDINC C,L, AND SPECIAL C.L 163

members of St. John Ambulance Association, while performing duties to

provide first-aid cover on occasions like festivals, natural calamities, major
accidents, sports meet, etc., from the present 3 days to 7 days. The matter has
be.en considered and it has been decided to enhance the quantum of special
casual leave to Central Government servants performing duties in conneation
with the activities of the St. John Ambulance Association from the present
3 days to 7 days.
These orders will take effect from the date of issue.
t G.I., D€pr. of Per. & Trg., O.M. No. 2lol l/288-Estr. (A), dated the 2lst March, 1988. l

(11) Combination of special casual leave with ordinary casual leave /

regular l€ave.- A question has been raised whether ordinary casual leave
can be sanctioned in combination with special casual leave on occasions for
which special casual leave could be granted under the existing orders. It is
clarified that as a general rule, it is open to the competent authority to grant
casual leave in combination with special casual leavei but, in cases where it is
permissible to grant regular leave in combination with special casual leave,
casual leave should not be granted in combination with both special casual
leave and regular leave.

I G.1., M.H.A., O.M. No. 46l&67-Ests., dated lhe 22nd July, 1967. ]

(12) Grant of Special Casual L€ave to differentty abled Central

Government employees.-Representations are received from differently-
abled persons for grant of Special Casual Leaye to participate in conferences /
workhops / seminars / trainings for Disability and Development-related
programmes.
2. The question of granting Special Casual Leave to differentl)-abled
Central Govemment employees has been considered and it has ir.en decided
that subject to exigencies of work, Special Casual Leave for not more than l0
(ten) days in a calendar year may be granted to differently-abled Cenhal
Government servants with disabilities as defined in the Persous with Disa-
bilities @qual Opponunities, Protection of Rights and Full Participation) Act,
1995 for participating in the Conference / Seminars / Training / Workshop
related to Disability and Development-related programmes organized at
National and State level agencies to be specified by the Ministry of Social
Justice and Empowerment.
3. The period of absence in excess of l0 days is to be treated as regular
leave of the kind due and admissible. Spe.ial Casual Leave under these
orders will be allowed to be combined with regular leave as a special case.
4. The power of granting Special Casual Leave under these orders will be
exercised by the Heads of Departments concemed.
I G.1., Depr. of Per. & Trg., O.M. No. 2t01d022007-Bn. (A), dated the l4th November,
2007.1
164 SWAMY'S
- LEAVE RULES
(l3)_Sp€cial dlspensafion ln the form of Special
^ Emptoy€€s with disab tttes.- rr," Si*tt C"nnur euy
Casual Leave to
9:1,:l 99:"r:-"nr
Lommrssion had recommended that the number of Casual trave available for
employe€s with disabilities should be 12 days as against A aays-ior ottra
employees and it has b€en de{ided thar the adaitiona'l,enefrr oidaavJ
teave
shall be gran_tcd in the form of Special Casual l-€ave. Tfre undeiJisned ls
accordrngly dlre{ted to convey the sanction of the Government that eentral
uovernment employees with disabilities as defined in the persons with
Disabilities (Equal Opporruniries, protecrion of Rights ani -fuf iiani"i_
pation) Act, 1995 m-ay be. granted Special Casual Liave for 4 (four) days
rn- a calenda.r year of specific requirements relating to
the disability of rire
official.
2. These orders take effect from lst September, 200g.
Depr. of Per. & Trg. O.M. No. 250t t/t/2008-Es& (A), dated the lgth Novembcr,
^-^^ !Gl.
2008. l
 APPENDX - IV
[ See GID (l) below Rule 32 ]

LIST OF RECOGNIZED LEPROSY INSTITUTIONS

--.4ur!*s'NorE.-ThclisrorigimllycirqdrtcdurdcrM.F.,O.M,in1956c.naiBooly
93 instiNliotrs eDd vc bavc Dt rcalivcd any ftrnhcr aeedment to thrt ordct. How.ver,
MitrisLy of llcdli, cov.rtrrEd of lDdir, b.vr cinuliEd s rIDrE .rb.ugivc list ir lf6 fo.
Frrposas of [Fdicd taaotEDt ,rd ]rimtirrscmnt. Wc havc, therEfoaa, Eproduccd this list in
this ApFrdix.

G GovaraEcnt
-
p pdv.r
-
1. Andhra Pradesh
(P) l. A.L.C. Mission trprosy Hoeital, IGdur.
2. L.pmsy Hospiral, Dichapalli.
(G) 3. L.po.y Colooy, N.ny.4ct.
4. Lprosy Colony, Zahcrabad.
5. Gover n nt lrprosy Hospital, Atkrarnpalli, District ChiEoor.
2. Assam
(P) l. Safiiprra Iiprosy Colony, Bong.igaon, District Goalpan.
(G) 2. Boko lrposy Colony, Dilrrid IGrtrnlp.
(P) 3. Christier t prosy Colony, PO Barbhca, Joftet.
3. Bihar
(G) l. t plosy Res.-rrch Insiarte, Bnmby, DisEict lt!.rhi.
(P) 2. Srldoha Irprosy Colotry, Di$rict S. ParSrna.
(G) 3. King Edwad VII McEorid Irpmsy AsyluD, cay..
(C) 4. R4jkurDrri Irprosy Asylum, Deoghar, Districr S. PargeIta.
(P) 5. San6rl PEharia Sevr Mordrl, Delgbrl rd M,rhllul.
4. Gujarar
(G) t. Xagrapcdr bprosy Hospitrl, Abft.dabad.
(G) 2. lrprosy Hospital, Junegadh.
(P) 3. Shree Meghji Pethraj Kusdu Nivaran Dham, Bhavn gar.
(G) 4. Areryr Irprosy Hospital, PO Z$n d, Disrrid Vadod.ra.
5. Himachal Pradesh
l.
bprosy Hospital, SabadN.
2.
Pa.lampur Irprosy Hom€, District Kangra.
6. Jammu and Kashmir
(G) l. Irprcsy Colony, ,arnmu.
(G) 2. IJprosy Hospital, Srinegar.
7. Kerala
(G) l. l2prosy SarutoriurD, NoonDd, Disrdct Allcppcy.
8. Madhya Pradesh
(G) l, Covcrn nenr Irprosy Hospit l, Sehorc-
(G) 2. IJpmsy Home, BotrgfiEa, IDdorr,
(C) 3. lrprcsy Eomc, Ujjain.
166 SWAMY'S- LEAVE RULES
(G) 4. kpros, Home ard Hospital, Rajgarh.
(P) 5. Chadkhlri Irpmsy HonE ard llospital, PO BaitalFrr, DisEict Bilaspur
(P) 6. Betherda t prosy Asylum, Champa, District BilasFr.
(P) 7. Shantipur bprosy Asylum, PO Shantipur, District Raipur.
(P) E. RejnardSaon bprosy Home, Di$rict Durg
(c) 9. Government Leprosy Horne aid Hospital, RaiPur.
(G) I O. Irprosy Colony, Chitelanka, PO Dant$r'ada, District Bastar.
9. Mahanshtra
(P) l. The Acwor& l,cprosy Hospital, Wadala, Mumboi-3l.
2. The t eprosy Hospital, Sholapur.
3. Thc Sasoon Hospital, Pune (OuFPatient department).
(P) 4. Thc Leprosy Hospital, Poledpur, Dinrict Kolaba
5. The Sherdr Park lrprcsy Colony, Kolhapur.
(P) 6. (olhara Irpmsy Horne, pO AchalFrr, District Amr.vati
?. Jagadamba Kushla Niwas, Ammvali.
(P) E. Datlapur Irprosy Colony, PO Nalwed, District Wardha
(P) 9. Maharcgi Seva Mardal, PO Anadun, District Chada.
(G) tO. Beggars Hone for Malcs, Chenrbur, Mumbai-7l.
ici r r. mi r"tu o"partrne of Plastic SulSery' J.J. 6roup of Hospitals, Mumbai'
10. Mvsore
(Gi l. Govemment trprosy Asylum, Magadi Road' Bangalore.
(P) 2. Sankeshwar Mission Hospital ard Silver rubilee lrprosy Hospital' Sankeshwar'
Dislrict B€l8aum.
11. Manipur
(P) L Leprosy Colony, Imphal
12. Nagaland
(C) L kpmsy Colony. Kohirha-
13. Orissa
(G) l. t prosy Home ard Hospital, Cumck.
(P) 2. kprosy Colony, Baripada, District MaFrbhanj,
(G) 3. kprosy Colony, Puri.
14. Puniab
(P) L Bharar kchar Sevadal, trdhlaDa.
(P) 2. Christian Hospilal, ,agadhari.
(G) 3. bprosy Patients' Welfare Society, Patiala.
(P) 4. IJprosy Colony, Ferozepur.
(P) 5. IJprosy ColonY, Irdhiana.
15. Raiasthan
IGi l. Government lrprosy Asylum, Puranaghal, Agra Road, Jaipur.
(G) 2. Irprosy Asylum, PO MaDdor, Jodbpur.
(G) 3. S.M.S. Hospital (Skin and Venercal Departrn€nt), Jaipur.

16. Tamil Nadu

(G) l. Central trprosy Teaching and Research lnslitut , Tinnnani, Chingleput.
(c) 2. Govemmenl Gardhiji kprosarium, PO TolurPary, District Tiruchirappalli'
3. Ednpur Silver Jubilee Clinic, saispur.
(G) 4. Erskirc Hospital, Madurai - 13.
(P) 5. DebenCra Nath Mullick t€prosy Home, PO ryagadurS' Distdct S. Arcot.
(c) 6. scudder Memorial Hospital, PO RaniPet, District N. Arcot.
(P) 7. St. Joscph Izprosy Hospital ard Asllum' Kakukarady' Distric! s Arcot.
(P) 8. Sac.ed Hcsrt kprosy Hospital, Po satkottai, District Thanjr}ur.
(P) 9. DayaFram bpmsy Hospiol ad HorE, Mararnadurai' Dixrri.t Ram,JBlhaFrr.m'
 LIST OF RECOCNZED LEPROSY INSTITUTIONS 161

(P) 10. I(asarrba Gandhi Kushta Nivaran Nilayam, MalvardBgal, District S. Arcot.
ll. Cheshirc Home, PO Vishranfiillam, District N. Arco!.
(G) 12. Govemnpnt GerEral Hospiral (lrprosy Depargnen9, Chennai.
13. Daya Sadan Home, Peramtur Barracks, Chennai - 12.
(P) 14. Schitrelin Leprosy Research Sanatorium, PO Kanigiri (via IGtpadi), N. Arcor.
(P) 15. Christian Medical College .rd Hospital. Vellore.
17. Tripura
(G) l. kprosy Clinic anrched to V.M. Hospital, Agartala (OPD).
18. Uttar Pradesh
(P) l. Naini Irprosy Hospital and Home, Allahabad.
(G) 2. State lrprcsy l{omc, Tethardi, Melrur.
(G) 3. kprosy Hospihl, Nishatganj, Ixcknow.
(G) 4. Maularcn Leprosy Hospitsl, Dehra Dun.
(P) 5. kprosy Home and Hospital, Almon.
6. t pmsy Horhe ard Hospital, Chadag.
(P) 7. Iiprosy Hospihl, Agra.
(P) 8. IJprosy Home and Horyital, Zamurtganj, Faiz.bad.
(G) 9. Raja IGli Sa*ar trprosy Asylum, VaraDAi.
(G) 10. StatE Lprosy Hospital, Barrich.
19. West Bengal
(G) 1. Gauripur t pmsy Colony, Bankura.
(P) 2. lrprosy HorEe, B.nkurs.
(P) 3. Asaisol lrprosy Settlernent, Asansol.
(P) 4. Ranigunj trprosy Home, District Burdwan.
(G) 5. Krislmagar tfprory Clinic, District Nadia.
(G) 6. Irprosy Clinic, Howrah.
(G) 7. Bedumpur tiprosy CliDic, District Murshidabad.
(G) 8. f'alirnpory lrprcsy Colony, Districr Darjeeling.
(G) 9. School of Tropical Medicine, Leprosy Research Dapanment, Calcutta.
(G) 10. l,eprcsy Vagnnt Home, 75, Beeleghata Main Road, Calcutra.
(P) 11. liprosy Horne ard Ho+ital, Purulie.
20. Andaman and Nicobar Islands
(G) 1. Barnboo Flat Hospital, Wimberlyging, PonBlair.
21. Aruuachal Pradesh
(G) 1. Hansen's Disease Sanatorium, Passighat.
(G) 2. HaNen's Disease SaMtorium, PO Bondila, District Kam€g.
(G) 3. Hansen's Disease Sanatorium, Alon8.
22. Delhi
(P) 1. kprosy Home, Tahirpur, Shaldara, Delhi-32.
23. Goa
(G) l. bprosaria Central Douter Froline De Melo, PO Macasana.
24. l-accadive
(C) 1. Adroli Leprosy Colony.
25. Meghalaya
(G) 1. Maibong kprosy Colony, PO Maibong.
2. Tirra Irprosy Colony, PO Tura, Garo Hills.
26. A[ tle Government bprosy Centre Units ad SEt Centr-s as well as voluntary SET
Centr€s aided bytle Government for routine trcatrnent of Leprosy.
I Authoriry.- O.1., M.H., O.M. No. S, 14011/7/75-MC, dared rhe 20rh March. 1976
(Section 3). l
 INDf,X
I Thi3 i[der h.s lraatr compilcd tol€ly for thc purposc of rssistitrg referatrcB. No
crprc;lion usad iE il lhould ba.oDsidarad iD .Dy way i! intcrprcting tha rul€s. I

Ad hoc rtuOloy.$ Callrrl Laave

- - gart Appx. Ill
Earned Lcave ro R 2, GID (3) Orde6 rcgarding of
- -
Applicxbility of CCS Rul$ lo Child Adoption L..v. R 43-8.
- -
Non-slatutory departmcntal canteen Child C.r. Lc.v.
employees R 2, CID (l). -
- For 2 years (730 days) R 43 (C), GlDs
Authoriti€r (l)to(ll). -
-
Cornpetcnt to gaant leave First
of-
Schedule. - Combi!.tior
Different kinds ofleave R ll.
Ctlb prydtaot ir liau oflaava $lrry -
- Special Casual Leave wrth half-a-day s
Annual allowancc to CHS DoctoE not 10 Casual t eave- R I l, CIDS (l) and (2).
be tsken into account R39-D.CID
(e). - vacstion with CL permissible
- R 2t, GID
(3).
st th€ tinl€ ofLTC 38-A Glh ( I ) to (3)
R.
-
At lhe time of retirement / quitting servic.e ComDutad Lcrv.
R 39-D, GID (6). -
- Application for
- to be suppon d by MC
DA / ADA increasc retrosp€dively R 39-
D, CrD (6). - -R30.
May b€ granted even when EL is available
EL ac.umulaled in APS md brought forward R 30, Notc.
allowed for R 39-D, GID (8).
- -
To be treal€d as HPL *hen CS rcsigns /
Exemption from Income Tax R 39-D,
GID (7). - voluntarily rctircs \eithout retuming to
duty R 30 (2).
In cas€ of compulsory retit€ment as a -
Without MC for approved cou$e ofstudy
penalty R 39. (r-A).
-
In cas€ ofdealh in servicc or after super- - R 30
Without MC in continuation of matemity
annualion R 39-A.
- leave- R43(4).
In casc of death while on lasve, benefit of
increment fallng du€ during leave Without MC to female Goverffncnt se atlls
R 39-D, GID (3).
- on adoption of a child- R43-8.
ln ofvoluntary retiremcnt / premature
case DepartDrartrl L.rvc
r€tirement / invalidation R 39-D,
- -
GID (l). Conditions for gr&rt of- R 49-
On invalidation R 39-B. Leavc salary during to be paid evety
- monti for tlE fi^t six mdlhs - R 49 (6).
On transfer to lndustflal Establishmanl - -
R6.
Etrncd Lcrvc
Payabl€ to whom R 39{. -
-
To offcers appointed on codact Appx. [. Calculdtion of- R 27.
R 39-D,
- Credit of- for the half-ycar when Gs is
To re-cmployed Pcnsioners
GID (4). - to retire / r.sigrs R 27 (2).
-
credit of is removed /
To lndustrial EmploFes
(5-A).
R 39-D, GID
- - when Gs
dismissed/dies- R 2? (2).
 INDEX 169

Errrcd L.rv. (Conrd.) HrlfP.y L.xv.

- -
Credit of- of
to be rcduced by on€-lenth Credit of to be reduced b) one-
petiod of EOL/dies non during eighteenlh ofpeflod of dr6 ro, duflng
previous h.lf-ycar
- R 27 (3). previous half-ye.r R 29 (2) (d)
-
Eligibility for lo thos€ on leave on the For the broken period up to 3l-12-1985
- half-year R 26, GID
Iast date ofthe R 29, GrD (r). -
(l ). -
To b€ credited in advance R 29.
Encashment along with LTC R 38-A. -
GrD (r ). - To oflicers appoinled on contmcr Appx.
II,
Extending beyond the clos€ ofthe half-year
To Teachers rn Vacalion Deparlment
R 26. CtD (l). -
- R 28, CrD (5).
['or thos€ in lacalion depanment
- R 28.
Covemment servanls lo be encouraged to Hospit.l Lcrva
rake R7 (GID(l). -
- Conditions for grant of- R 46
To Teachc6 in Vacalion Departnrnt R 28.
- For indusrial and work-charged staff
Leave account to be credited with in R 46. GID
advarce R 26 (l). -
-
Maximum
- admissible al a time R 26 Lcrvc
(2). -
Not admissible if full vacation is atailed
Absence aft€r expiry of- R 25
R 28 (2). Acceptance of service oI employment while
- on-R13.
Procedur€ for advance credit when of-
leave at credit is more lhan285 days Accounl should be maintained in F. 2
R 26 (l ) (6), proviso. R I5. -
-
To Honorary Workers
- R2.clD(2). Application for- R 14.

To olficers appornted on contrlct Appx. Cannot b€ claimed as ofright R 7 (l).

lt. - -
Cary-forward of- R 33. OID(l)and
total caedrt of- not lo exceed J00 days Appx. L

-R26. Carry-fon ard of where break is

Vacation rn combination or continuarion of condoned -
R9,GID.
R 28 (3). -
- Claim to ceases on dism issal / removal /
Ertraorditrtry Larvc
-
resignation R 9-
- -
Can run concurentlywith period ofnotice Combination ofdifferent kinds of- R I I
- R 32, GrD r?). Combination ofholidays \xith R 22
Maximum limit of on any one occasion
(2). - Commencem€nt and termination of- R 2 I .

- R 32
May be granted even when other leave is Commencement and termination of- on
transf€r to Foreign Service
admissible if the official applies for
R 32 (r). GID, - R 21,
-
On m€dical ce(ificate can be commuted Commutation of one kind of into
as LND R l0- Note. another to be applied for within one
-
Periods ofabsence can be commuled as
month ofr€joining- R l0 (l) Proviso.
R 32 (6). - Commutation of one kind of
JoofliceB appornted on contract- Appx.
- into
another cannot be done after the
II, employee cease to be in service
R IO, GID, -
Two spells of-interven€d by afly other
kind of leav€ !o be treated as one Effect ofdismissal / removal / resignation
continuous spell R 32 (5). on-atcredit-R9.
-
t10 SWAMY'S RULES
-LEAVE
Larva (Contd.) Lctv. (Contd )
- -
Grant of- on MC
- R | 9. To schoolteachers utilized fot school work
during vacation R 2E, GID (9).
Gr.nt of when admissibility repon is -
-
delaycd-R16(2). To temporary status casual labour
- Appx.
I-D.
May be refused or revoked due to
exigencies-R7(2). verification oftitle lo R 16.

Nature of-
cannot b€ altered except at
wilful absence after expiry liable to of-
disciplinary action R 25 (2).
lhe written reqlest ofthe GS R 7 (2).
- -
No to be sanctioned until admissibility Lelve not due
-
is asc€nained R 16. -
- Caflnot be granted as LPR R3l (l).
Order should show the balance of- at -
credit R 16, Note.
To be debited to HPL to b€ earned
- subsequently R 3l (l).
Overstayal of- does not count for incre-
-
May bc ganted llithout MC in continua-
ment-R25,AI. tion of Matemity Leav€ R 43 (4).
Overstayal of - Action for overstayal. -
May be granted without MC to female
Wilful absence and unauthorized Goveqm€nt servants on adoption ofa
absence R 25. GIDS (l) to (4). R 43-B.
- child
-
Prcfixing / Suffixing holidays wilh 22. May b€ granted without MC as Child Care
-R Leave R 43-C. GID (l).
Prefixing / Suflixing period ofrest with - -
R 22, GrD (r ). To be limited to 360 days in enlire service
R 3l (l).
Preparatory to retirement
- R 38. -
To temporary CS R 3l (l-A).
Rccall before expiry of- R 23. -
Retum ftom R 24. Lerve Sslsry
-
- R22,GID(2)
RH can be prefixed ro
Advanc€ of- R 42.
Sanctioning authority shall get prior
approval before sanctioning - for Benefit of increment falling due during
leave in case of death while on leave
going abroad R l7,GID(2).
- - R 40, CrD (r).
Shall not be granted to GS whom compe-
tent authority has decided to dismiss /
During ChildAdoption Leave R.43-B.
-
remove R 17.
- During Child Care Leave R. 43-C.
Should not be denied to employees during During Depanmental Leave to be paid at
the last ten yea$ ofservice- R 7, GID the end ofevery month for six months
(2). R 49 (6).
Should not be granted to GS undlr suspen- During EOL not entitled to R 40 (5).
sion R 17, GID (l). -
- During Half Pay leave R 40 (3).
Terms to omcers appointed on contracl - -
ApPx Il During Matemity kave R 43 (2).

To ad hoc employces R 2, GID (3). During Paternity Leave R43-A.

- -
To GS unlikely to be fit to roturn to duty During Patemity Leave forChild Adoption
R-41-AA.
-R20. During Stud!' Leave R 56.
To persons re-€mployed after retirement -
-R34 Equal to pay drawn immediately before
To probationer. a person on probation. an proceeding on Earned leave R 40.
-
apprentrce R 33.
- Risk allo\ ance forms part of- R40, GID
To SAS apprentice R 33, CID (2). (2).
-
 INDEX 17t

Matcr[ity Lcrva Prtcrtrity Lc.vc (Corrd.)

- -
For 45 days only in the entire career for To male Covernmenl servanl during
miscarriage-R43(3). confinemcnt ofhis wife R 43-A.
-
For induced aborlion R 43. clD (2).
- Sarman'3 lick lcrve
-
For miscarriage / abortion
- R 43 (3). Condrtions for grant of- R 47.
Leave in continuation of- R 43 (4).
May b€ combined with Ieave of any other Specirl Casurl Leev€
kind-R43(4). -
For Union activities, cultural activities, elc.
May be granred for a period
_R43.
of 180 days
- Appx III.
No for threalened abonion 4l
No
- ibr induceC abor.ion -
(3).
R 43. CID
-
GrD (4).
- R

Sp.cirl disrbility lcrve

Not to be debited to ollicial's lea./e accounl -
R 43 (5). During training / service in Territorial
- Army R 44.
To female Govemme servant wilh less -
than ttto survivingchildren- R43 { l). For accidental injury R 45.
-
Unmarried female Cov€mment servant also For injur) intentionally inflicled R 44.
eligible for R 43, CID (l).
-
- Study Allowrnce
MrximuIn rmoultt of- -
Conditions for grant of- R 57.
Any kind ofleave for a continuous period Other allowance in addilion to R 60
not to exceed 5 yearc R 12. -
- Procedurc for payment of- R 59.
EL atatime shall be 180 days R26 (2).
Rates of- R 58.
EL at a time in excess of 180 days R 26
(3). - Study Leeve
-
EOL at one occasion
- R 32. Combination of- with other leave
- R 54.
HPL that may be commuted without Mc Conditions for gmnt of- R 50, GID.
R 30 (r-A).
- Maximum amount of- R 51, GlDs (l),
LNDtobelimited to360 days in the s€rvice (2). (3) and (4).
3r (r).
- R
Procedure for applying for
- R 52.
Mcdicsl C€rtific.te Regulation of ext€nding beyond course
- ofstudy R 55.
By Railw.y aulhorities acceptable R 19, -/ retirernent
GID (l). - R€siglation aiier study leave

From AMAnecessary foI GOs R l9 (l -R63.

- ). Sanction of- R 53.
Fro$ AMA or Regd. Medical Practilioner T.A. during- R6l.
for NCOS R l9 (1).
- Vrcation DePsrtment
From CGHS Doctor ior CGHS bene- -
ficiaries R l9 (l). Eamed Leave to those in R 28.
- -
From JIPMER, AllMS, PCIM, Chandi- Earned Leave to adlor employees in
garh, acc€ptable R 19, CID (3). R 28, GID (7).
-
-
Leaveon-R 19. Lrabilrry of lending Covemmenl for leave
sala;v ofcovemment servants lenl for
servi;e in (2).
Prternity Lerve
- - R 28, GID
a

Admrssible to adoplive fathers also - Transfer from Non-vacation Depai-

- to (l
R.43-AA. R 43-8. GID (2). menr
- R 28. GID ).
 SwamY's Compilation of
Fundamenta! Rules and Supplementary Rules
All books r€vised as p€r Govemmenfs ordeE on
Sixth Pay Commission's Recommendations
Part l-GENERAL RULES
Contains the whole of Fundamental Rules (except T.A.)' Orders on
Pension / Leave Salary contributions during Foreign Service, DelBgation
of Powers under various Rules, Combination ot Appointments, Oeputa-
tion, Dismissal, Removal, Suspension, Retiremenl, Joining Time, Facili-
ties for SeNice in Remote Areas, Special Pay and its Treatment' Facilities
to Sportspersons, etc.

Part ll- TRAVELLING ALLOWANCES

Contains Supplemenlary Rules relating lo T.A. Porvers delegated to i
various authorities, T.A. to non-offcial members, T.A. under Medical
Attendance Rules, Transport Allowance, Transport Allowance to blind or
orthopaedically handicapped employees, Conveyance Allowance to
Medical Oficers / Specialists of CHS/non-CHS, T.A. to Members of Staf \
Side of JCM, etc.

Part lll LEAVE RULES

-
Contains an up-to-date, comprehensive, self-contained and reliable
reference @mpendium on CCS (Leave) Rules, 1972, presented in an
easy-to-rebr manner with brief headings for Govemment decisions. All
orders, audit instruclions and decisions in FRs, SRs and RLRS not
codified so far. included.

Part lv DA, DR AND HRA

-
Deamess Allof,ance.- General Orders OA Fourth Pay Commission,
-
DA Fifth Pay Commission; D.A. Sixth Pay Commission; D.A. in the pre-
revised scales of pay. Deamess Relief to Pensioners. General Orders
DR Fourth Pay Commission DR Fifth Pay Commission DR Sixth -
-
Pay Commission. Ex gntia and DR to CPF Beneticiaries.
-
General Orders on HRA, Rates of HRA and CCA from 1-11-1973 to
31-8-2008. Orders on HRA from 1-9.2008. List of 'X', 'Y' and 'Z' class
cities. Remote Locality Allowan'ce, Bad Climate Allowance, POect
Allowance, Tribal Area Allourance, Hill Areas Allowance, Border Area
Allowance, Sunderban Allowance, Hard Area Allowance, HRA in lieu of
rent-free accommodation, Concessions for serving in N-E. Region.
Constituenta of Urban Agglomerations based on 2001 Census.

A Complete Tr€atis€ containing most precious information.