SWAMY'S LRAVE RULES | RULE 2

GOVERNMENT OF INDIA'S DECISIONS

canteens also r
() Employces of non-statutory departmental
under the purview of various CCS Rules applicable to other emplovees
to the instructions contained
of comparable status,-Attention is invited 29-1-1992 on h
this Department's O.M. No. 12/5/91-Dir. (C), dated non-statutory registered
above subject vide which the employces serving in
departmental cantcens/tiffin rooms have bcen declared as Government
employecs with effect from 1-10-199T and have becn extended all benefts
as are available to other Government employees of comparable status from
representatives have now
that dated viz.., 1-10-1991. Canteen Staff's
brought to the notice of this Department that various orders of the
are not
Government/benefits extended to its employees by the Government
canteen staff.
being made applicable/extended to the
2. In this connection, it may be stated that
with the declaration of
employees serving in non-statutory canteens/tiffin rooms as Government
their status from
employees with effect from 1-10-1991 and change in Employees'", these
"Holders of CivilPosts* To full-fledged Government
purview of various CCS Rules
employees have automatically come under the comparable status. As such old
applicable to other Government employees of (Recruitment and Condiions of
rules viz., Departmental Canteen Employees effect from 1-10-1991, vide
Service) Rules, 1980, were repealed with it is
notificationbearing No. 3/1/93-Dir. (C), dated 15-12-1994. Accordingly,
Governmet
reiterated that all orders issued by the Government in respect of staff
employees from time to timne will automatically be applicable to the
rooms.
engaged in non-statutory departmental canteens/tiffin
age of
3. Besides, specific orders/clarifications with regard to their benefits.
retirement, confirmation, removal from probation, etC., pensionary
vae
CGEGIS and compassionate appointment, etc., have buen issued
following Office Memoranda:
(i) 3/1/95-Dir.(C), dated 5-6-1995;
(i) 3-2-95-Dir. (C), dated 22-8-1995;
(in) 12/3/92-Dir. (C), dated 16-11-1992, 16-12-1993 and 10-5-1990,
(iv) 12/2/92-Dir. (C), dated 28-5-1992; and
(v) 3/2/96-Dir. (C), dated 124-1996.
the above
4. All the Ministries/Departments are requested to bring under them.
instructions to the notice of all Attached/Subordinate Offices 1997.J
[ G.I., Dept. of Per. & Trg., O.M. No. 3/2/95-Dir. (C), dated the 26th February,
Ordinarily, the CCs
(2) Applicability to Honorary Workers. workers
the honorary W
(Leave) Rules, 1972, would be applicable tomonth, wher
but in casepresents
appointed on a token salary of rupee one per
worker fromthe
the application of these rules to such an honorary
practical difficulties, the question of exempting such a worker
considered by
applicability of the Leave Rules, 1972, may be
 PRRLIMINARY 3
RULE 2|
Department of
Administrative Ministry/Dcpartnent in consultation with the Finance
Ministry of at the
Personnel and Administrative Reforms and thecmployment of the honorary
time of prescribing the terms and conditions of individual rnerit and a
on an
worker. Each such casc has to be cxanincd Rules, 1972.
cach case whethcr the Leave
decision taken in respcct ofworker or not.
should apply tothe honorary August, 173.1
(A)-Branch/73, dated the 10th
LG.L, M,F., U.0. No. 1283-E. IV
-1. Reference is
month to ad hoc employees.13018/I/85-Est.
(3) EL at 2, days per
Personnel and Training, O.M. No. (L).
Departnent of
invited to
September, 1985 (not printed), on the above subject
any
dated the 16th hoc employees who do not holdCivil!
wherein it was clarified that ad Central
not governed by the
Government are
regular post under 1972.
Services (Leave) Rules, that
instructions have been issued in the past emphasizing minimum and
2. Several be kept down to the connection,
appointments to any grade should circumstances. In this
ad hoc under unavoidable (B), dated
should be made only No. 39021/5/83-Estt.
to Memo.
Specific attention is drawn appointments on ad hoc basisperiods can arise due
9-7-1985. The need for making to meet
appointments are made for brief
hoc
to several reasons. AdSometimes the appointments made to the post have to
was
urgent requirements. reasons as ad hoc eyen though the recruitment
be treated for technical prescribed procedure, e.g., regular appointments
in accordance with the court injunction.
cannot be made due to a
allowing some leave to ad h0c empioyees has
question of employees are
3. The consideration of this Ministry. Some ad hoc under the CCS
been under
employees; they are not entitled to any leave can be
not regular 1972. As the services of ad hoc employees all kinds of
(Leave) Rules, cannot also be made entitled for
terminated at any time, they
regular emnployees.
leave which can be availed of by pleased to
factors into account, the President is now for purely
4. Taking all appointment is treated as ad hoc
employees whose
ede thatreasons may be extended the benefit admissible to temporary
technical 1972. In all other cases of ad hoc
(Leave) Rules.
Cnployees under the CCS
for brief periods, the ad hoc employees may be
appointments, which are of 2 days per month of completednotservice. half a
Ulowed earned leave at the rate days and
should be for full earned
While granting the leave, the leave benefit of encashment of
day. They will also not be entitled to the
leave on termination of their service.
instructions contained in 0.M. No. 39O2 17
n accordance with the likely to continue
employment is not
5/83-Estt. (B), dated 9-7-1985, ad hoc
beyond a period of one year. If ad hoc appointments made for brief periods
continue beyond a pernod
Of nowever, for some reasons, though rarely, extended the
of three years without break, such ad hoc employees may be
temporary employees under ue
COsI all kinds of leave as admissibleoftotheir initial employment.
S(Leave) Rules, 1972, from the date
 4 SWAMYy's-LEAVE RULES [RULE
6. These orders issue in consultation with the Ministry of Finance.
7. They willcome into force from Ist July, 1986. Past cases decided otherwic
need not to be reopened.
[ GI., Dept. of Per. & Trg., 0.M. No. 13018/1/82-Estt. (L), dated the 241h l.
1986. 1
(4) Adhoc employees in Vacation Department.-See GID (7) below Rule 28

3. Definitions
(1) In these rules, unless the context otherwise requires
(a) *Administrator" means an Administrator of a Union Territory;
(b) Audit Officer' means the Accounts and Audit Officer, whatever his
official designation, in whose circle the office of the Government
servant is situated;
(c) "Authority competent to grant leave" means the authority specified
in Column (3) of the First Schedule to these rules, competent to
grant the kind of leave specified in the corresponding entries in
Column (2) ofthesaid Schedule;
(a) "Completed years of service'" or one year's continuous service"
means continuous service of specified duration under the Central
Government and includes the period spent on duty as well as on leave
including extraordinary leave;
(e) "Date of retirement"or "dateof his retirement" in relation to 2
Government servant, means the afternoon of the last day of the monu
in which the Government servant attains the age prescribedfor
retirement under the terms and conditions governing his serviCES
() "Department ofthe Central Government" means a Ministry or a
Department ofthe Central Government as notified from time1totime
and includes the Planning Commission, the Department of
Parliaments aSecretariat,
President' ry Affairs, thethe Cabinet
President's Secretariat,
Secretariat and the Prime
the Vice-

Minister's Secretariat;
fa) "disability" means "specified I disability", "benchmark disability"
and disability having high Support needs as referred tointhe
Rights of Persons with Disabilities. Act, 2016(49 of 2016).
(g) Foreign service" means service iin whicha Governmentt servant
receives his pay with the sanction of Government from any'source
other than the Consolidated Fund of!lndia orthe Consolidated Fund
of any State orthe
1.
datedInserted vide Consolidated Fund of a Union Territory;
the 3rd April,GI., Dept. of Per. &Trg. Notification No. F. No.
18017/V/2014-Est
2018, published as GSR 438 (E) in the Gazette of India.
 CHAI
General Conditions
7. Right to leave
as of right.
() Leave cannot be claimed
(2) Whenthe exigencies of pulblic service soi require,,leave of any kind
mav be refused or evoked by the authority competent to grant it, but
ot be opcnto that authority to alter the kind of leave due and annliode Shall
servant.
at the written request of the(Government
Provided that leave applied under Rule 20, shall not be refused or revek,
without reference to the Medical Authority, whose advice: shall be binding .
GOVERNMENT OF INDIA'S DECISIONS
() Government servantsto be encouraged to take leave regularlyTe
Government have had under consideration the recommendation made by the
Second Pay Commission that the Heads of Departments, Offices,etc., shouid
plan their work in such a way as to permit Government servants to take acertain
amount of leave annually and a longer period after some years or according to
any special necessity.
Leave cannot be claimed as of right. When the exigencies of the public
service sO require, discretion to refuse or revoke leave of any description is
reserved to the authority enmpowered 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 effect to abridge the leave
entitlement of the staff. Indeed it is desirable in the interest of efficiency of the
public service that Government servants take leave at suitable intervals and
return to work keen and refreshed.
The leave sanctioning authority may, therefore, encourage Governnment
Servants to take leave regularly, preferably annually. In cases where all appl
cations for leave cannot, in the interest of public service, be granted at thefor sanethe
time, the leave sanctioning authority should draw up phased programme
grant of leave to theapplicants by turns with due regard to the principles enunciated.
[ GL., M.H.A., O.M. No. 6/51/60-Ests. (A), dated the 25th January, 1961 and reiteraled, viak
2001.]
G., Dept. of Per. & Trg., O.M. No. (L), dated the 22/27th March,
14028/3/2000-Estt.
(2) Leave should not during the last tenyearsof
service.-1. Rule7 providesordinarily
be denied Whenthe
that leave cannot be claimed as of right.
1. Inserted vide G.I., Dept. of 18017/1/2014-Est.
Per. & Trg., Notification No. E No.
(L), dated the 3rd April, 2018, published as GSR 438 (E) in the Gazette O1
RULE 9] GENERAL CONDITIONS 9

exigencies of public service so require, discretion torefuse 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 always possible to let
allwho 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, however, not intended to be
used, as in effect, to abridge the leave entitlement of the Staff. Indeed, it
is desirable in the interest of efficiency of public service that Government servants
take earned leave at suitable intervals and return to work keen and refreshed.
2.The position has been reviewed by the Government in the light of the
recommendation of the Fourth Pay Commission regarding increase in ceiling
on earned leave accumulations from 180 days to 240 days. While accepting
the recommendation, the Cabinet have also observed that earned leave
should not ordinarily be denied to any employee, especially in the last ten years
of his career, so that earned leave accumulations beyond 180 days normally do
not take place. The leave sanctioning authorities are, therefore, requested to
ensure that the earned leave is not ordinarily denied to an employee.
[ G.I., Dept. of Per. & Trg., 0.M. No. 14028/19/86-Estt. (Leave), dated the 29th
September, 1986.]
8. Regulationof claim to leave
A Government servant's claim to leave is regulated by the rules in force
at the time the leave is applied for and granted.
9. Effect of dismissal, removalor resignation on leave at credit
leave to the
(1)Except as provided in Rule 39 and this rule, any claim towho resigns
credit ofa Government servant, who is dismissed or removed or or removal
from Government service, ceases from the date of such dismissal
or resignation.
(2) Where a Government servant applies for another post undersuch the
Government of India but outside his parent office or department and if
application is forwarded through proper channel and the applicant is required
to resign hispost before taking up the new one, such resignationshall not
result in the lapse of the leave to his credit.
and
(5) AGOvernment servant, whois dismissed or removed from service his
leave
IS reinstated on appeal or revision, shall be entitled to count for
service prior to dismissal or removal, as the case may be.
(4)AGovernment 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 entitled to count his former service towards leave.
GOVERNMENT OF INDIA'S DECISIONS
() Carry-forward of leave in cases where break due to retrenchment
ondoned.-1. In supersession of the orders contained in G.I., M.F.,
O.M. No. F. S (57)-E. IV*47. dated the 4th July. 1947, 18th November, 1954
10 SWAMY'S LEAVE RULES | RULE

and the 23rd February, 1955 (not reproduced), the President is pleased to
decide that the following, concessions shall be granted to the temporary
Government servants who are discharged duc to reduction of establishmen
from one Central Government officc and reappointed in another Central
Governnment ofice.

2. In all cases in which there is no brcak or the break, if any, is converted

into joining time with or without pay, the past service will count for pension and
cary-forward of leave will be perimissible. The carry-forward of leave in the case
of Government servants retrenched fromone Central Government Department
and appointed in a Railway Department or vice versa may be regulated
under G.I., M.E, O.M. No. E7(165), F. IV/59, dated the 28th October, 1959
(Anexure-ll of Appendix-I at the end of this Compilation).
Incases where the period of break in service exceeds 30 days, the question
of condoning the break either for purposes of pension or for carry-forward of
leave will have to be examined under the orders issued on the subject from
time to time and may be decided by the Administrative Ministries in consultation
with the Ministry of Finance.
[ G., M.F., O.M. No. F. 12 (19)-E. IV (B)/63, dated the 17th September, 1963 and
15th January, 1964. ]

(2) Carry-forward of leave benefits Technical Resignation and

LienConsolidated guidelines.
In terms of Rule 9 (2) of the CCS
(Leave) Rules, 1972, technical
resignationshall not result in the lapse of leave
servant. The balance of unutilized Child Care Leave tothe credit of the Governmen
leaves of the kind due and admissible will be (CCL) as well as all othe!
carried forward.
[Para. 2.2 (i) of GI.,
the 17th August, 2016. ] Dept. of Per. & Trg.. O.M. No.
28020/1/2010-Estt. (C), date
AUDIT INSTRUCTION
where
Continuity of service benefit for the purpose of leave. In case
resignation is not deemed as
Article 418 (b), CSR, continuity
matter of leave also. ofresignation in
service benefitviewshould
of its being covered by
be allowed in t
[
Correction No. 46 to the Manual of Audit
Instructions (Reprint). J
Extract from C.S.R.
Article 418 (b). Resignation of an
inpermission, another appointment, whetherappointment
permanentto ortaketemporary,
up, withServic
prop
which counts in full or in part, is
not a
resignation of public service.
 RULE 10]
GENERAL CONDITIONS
In cases where an interruption in 11
appontnents being at different service is
stations,
joining time permissible under the rules onsuch inevitable
due to the two
leave of any kind due to the interruptions, exceeding
not
transfer, shall be covered by theof
mal condonation under Govcrnment
Article 422
scrvant on the date of rcliefgrant
to the extent to which the or by
covered by leave due to the Govenment scrvant. period is not
10. Commutationof one kind of leave into another
)
Attherequest of aGovernment servant, the
authority which granted
him leave maycoMinute it retrospectively into leaveof
Os due and admissible to him at the time the leave wasadifferent kindwhich
granted, but the
Governmentservant canot claimsuch cOmmutation as a matter of right.
I Provided that no such request shall be considered unless received by
such authority, or any other authority designated in this behal, within aperiod
of 30 days of the concernedGovernment servant joining his duty on the expiry
of the relevant spell of leave availed of by him. ]
(2) The commutation of one kind of leave into another shall be subject to
adjustment ofleave salary on the basis ofleave finaly granted to the Government
servant, 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 leave granted on medical certificate or otherwise
may be commuted retrospectively into leave not due subject to the provisions
ofRule 3 1.

GOVERNMENT OF INDIA'S DECISION

Commutationof leave of one kind into leave of another kind cannot be

the
done after the emplovees cease to be in service.-- Cases have come to
of thê
hotice of this Department where certain Ministries / Departments
of one kind into that
overnment of India have allowed commutation of leave
O another kind even when the reauest for the same
was made by the
retirement,
emnentservant concerned after finally quitting the service on
Pparently in exercise of the powers vested under Rule 10of COS (Leave)
Government servant the
Rules, 1972, which provides that at the request ofretrospectively
a
intoleave of
authority which granted him leave may commute it
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 9and

39 (1) (a) of the above-said Rules according to which all leave standingto the
credit ofaclear that the servant as he ceases to be in service.
It is thus Government
powers vested as the
lapses in sOon Ministries / Departments under
Rule 10 ibid., cannot be exercised by them after the employee concerned has
1. Inserted vide G.I., Dept. of Per. & Trg., Notification No, 14015/2/97-Estt. (L),
dated the 31st
December, 1997.
LR-3
12 SWAMY'S --LEAVE RULES [RULE 1
ceased to be in service, Anysanction issued by the Ministries /Department
concerned commuting one kind of leave granted to thecmployee when he Was
in service, into any oher kind of lcave, after the employce has ceased to be in
Government service is irregular and violative of the provisions of the Statutory
Rules.
It is requested that instructions be issued to all the concerned officers in
the Ministry /Department to ensure compliance with the provisions of the
Statutory Rules so as to avoid any irregular action in such cases. Desirability 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 irregularities.
[ GL, MH.A, D.P.&A.R., O.M. No. P. 12025/2/81-Estt. (L), dated the 2nd December, 1981.

11. Combination of different kinds of leave

Except as otherwise provided in these rules, any kind of leave under these
rules may be granted in combination with or in continuation of anyother kind
of leave.

EXPLANATION.- Casual leave which is not recognized as leave under

these rules shall not be combined with any other kind ofleave admissible under
these rules.

GOVERNMENT OF INDIA'S DECISIONS

(1) Special Casual Leave.-As ageneral rule, it is open to the
Authority to grant casual leave in combination with special casual Competent
but in cases where it is pernmissible to grant regular leave in leave,
special casual leave, casual leave should not be granted in combination with
both special casual leave combination with
and regular leave.
[GL., M.H.A., 0.M. No. 46/8/57-Ests. (A), dated the 22nd
July, 1967. ]
(2) Combining half a day's casual
as to how half a day's casual leave availedleave.-A question has been raiseu
of by an officer in the afternoons
to be treated, if the officer has no further
casual
unable to resume duty on the next working day leave to his credit but
due to sickness or otnet
compelling grounds and has to avail of regular leave to cover hisabsence fo
that working day.
Z. The position is that, since casual leave cannot be combined with regula
leave, an officer who has only half a dav's
satisfy himself that he would be in a position tocasual
attend
leave to his credit shoul
day, before he avails of half a day's casual leave in theoffice on the next wor
it is possible, in some cases, that an officer afternoon. Nevertheles
who
leave in the afternoon may be unable to resume duty avails of half a day's Cas
on the next working d)
 RULE I3] OENERAL CONDITIONS

because of uncxpccted illness, or sOme other compelling grounds and s thus

constraincdtotake leave torthat day
: Aler caretul consideration of thcmatter, it has been decided that the
oflicer, reterredtoin P'aragraphl above, may, as an cxceptionto the gcncral rule,
conbine halfa day's casual lcave with regular leave if his absence
bepeitedtoworking day was duc to sickness or other compelling grounds.
onthe ncxt a day's casual lcave at their credit and who will not
Those wBho have only halfworking day (having alrcady applicd for leave of the
attend office onthe next cover their absence for that working day and for
due and admissible to
kind shouldInot be allowedthe last halfa day's casual leave
subsequent days, if any)
for the afternoon.
1966. 1
M.H.A., O.M. No. 60/45/65-Ests. (A), dated the 4th February,
rGL

Maximum amount of continuous leave

l12,
servant Jshall be granted leave of any kind for a
(1) No Government years.
continuous period exceeding five exceptional circumstances of the
President, in view of the duty
(2) Unless the Government servant who remains absent from with or
case, otherwise determines, a
exceeding five years other than on foreign service,
service:
for a continuousperioddeemed to haveresignedfrom the Government
without leave,shall be for such
reasonable opportunity toexplain the reasons
provisions of
Provided that a Government servant before
absence shall be given to that
sub-rule (2) are invoked. applied
rule shall not apply to acase where leave is
[Provided that thisconnection with a disability ].
on medical certificate, in
Rule 20.
AUTHORS NOTE. -Please seeGID() below
employment while on leave
13. Acceptance of service or who has
Government servant fother than a Government servantpermitted
()A or who has been
been perrmitted a limited amount of private practice
as an examiner or similar employ
o undertake casual literary work or service
preparatory to retirement shall not taKe
Weny while on leave, including leave including the setting up oi a
rService or employmnent elsewhere, consultant or legal or medicai
PYate professional practice as accountant.
practitioner, without obtaining the previous sanction of
lies elsewhere
) ne President, if theproposed services or employment
than in India; or
1. 13026/2/2010
Estt. (L),Substituted vide G.I., Dept. of Per. & Trg., Notification No. F. No.Gazette of India,
dated the dated the 29th March, 2012, published as GSR 261 (E) in
29th March,
the
2012.
2. Inserted vide G.I., Dept. of Per. & Trg., Notification No. F. No. 18017/1/2014-
Est. (L), dated the
3rd April, 2018, published as GSR 438 (E) in the Gazette of India.
 however, be per
Sector Undertaking or a body referred to in Clause Publi
(a) of
sub-rule (2) of Rule 38 andin that event also leave
for leave preparatory to retirement shall be the Same as
admissible under Rule 40.
(3) (a) In case a Government servant who has proceeded on leave
preparatoryto retirement is required, beforethe date of retirement
for employment during such leave in any post under the
Central Government in or outside Indiaand is agreeable to return
to duty, the unexpired portion of the leave from the date o Gover
rejoining shallbe cancelled.
() The leave so cancelled under Clause (a) shall be allowet 15. I
tobe encashed in the manner provided insub-rule (2) of Rule 39
(c) Deleted. in For
( Deleted. Gazet
by him
(4) Deleted.
allowa
AUDIT INSTRUCTION
shall b
Although the grant of permission to take up private employment durin
leave on medical certificate is technically covered by the provisions of FKo 16. V
[cf. Rule 13 ]. such an arrangement is clearly contrary to the spirit of the regul
tions. as it 1s not the intention that the leave which can be obtained on the regard
strength of a medical certificate should be allowed to a Government serv
priva
the lea
the state of whose health enables him to earn a competence by No
employment. FR 69 should not, therefore, be construed as permittng undertak: leave /
Government servant who avails himself of]fleave on medical certificate to
regular employment during such leave. 1.

[Para. 7, Chap. X, Sec. I of Manual of Audit Instructions (Reprimt). I ated the

 (c) inthe case of Gazetted competent to grant leave,Cer may,
authority
at the request of the
provisional leave salary slip for a
period not
exceeding 0Ssue
sixty day a
NOTE.- In the case of leave preparatory to retirement or
where
days.
Payment in lieu ofleave at credit is granted under Rule 39, an undertaking cash
for
the lcave salary, if any, paid in excess, shall be taken from
recovery of the
Government servant.
circumstances
17. Leave nottobe granted in certain
Leave shallnot be grantedto a Government servant whom acomnetert
punishing authority hasdecided to diSmiss, remove or compulsorily retire
from Government service.
GOVERNMENT OF INDIA'S DECISIONS
(1) No leave during suspension.- Leave may not be granted to a
Government servant under suspensIOn.
[Fundamental Rule 55.]

(2) Leave sanctioning authority shall get prior approval before sanctioning
ieave forgoing abroad'-As per 0.M. No. 11013/7/94-Est. (A), dated 18-5-1994
(notprinted), it has inter aliabeen clarified that separate permission may not be
necessary where a Government servant has indicated his intention of leaving
headquarters / station along with leave address while applying for leave. It has
also been clarified that incase leave applied for the purpose of visiting foreign
country is sanctioned, it would imply that permission for going abroad is also
granted and, therefore, leave sanctioning authorityshould keep this aspect in
mind while grantingthe leave applied for.
2. The above instructions have been reviewed and it has been decided that
while granting leave, the sanctioning authority shall take prior approval,
required, for permiting the officer to go abroad as per the existing instructions.
[GI., Dept. of Per. & Trg., O.M. No. 11013/8/2000-Estt. (A), dated the 7th Novembel
2000. ]

(3) Competent Authority whose permission is to be taken by the leave

sanctioning authority
abroad.It
before sanctioning leave to aGovernment servant to go
isclarified that the competent authorityas per the aforesaid Ome
 RULE 17] GRANT OF AND
RTURN FROM LEAVE
17
Memorandum, dated the 7th November, 20MO is to the
1 terms of the instruetions, if any, issucd by the competent authority in
administrative Ministries Cadre Authority or the
/Departmcnts themsclves.
in this Department
and Training has not issued any instructions of Personnel
cgard in
Central Government servants. In the absence of any such respect of the
instructions. the
approval of the leave sanctioning authority would imply approval
heead also. I may be cnsurcd that the leave applications in such to the visit
cases
invariably mention the purpose of going abroad.
LGL. Dept. of Per. & Trg., 0.M. No. 11013//2004-Estt. (A), dated the Ist Sertember
2008. ]

(4) Requirement of taking prior permission for leaving station /

headguarters for going abroad while on leave.- It is directedto refer to the
Otce MemorandumNos. 11013/7/2004-Estt.(A), dated the Ist September, 2008.
11013/7/2004-Estt.(A), dated the 15th December, 2004, 11013/8/2000-Estt.(A).
dated the 7th November, 2000 and 11013/7/94-Est. (A), dated the 18th May.
1994, and to say that as per the existing instructions, when Government servant
applies for leave for going abroad on a private visit, separately prior permission
of the Competent Authority for such visit is also required. While granting such
permission, many factorsare required to be kept in view. For example, permission
investigation /
may be denied in the interest of security. Individuals facing by police
inquiry on serious charges, who may try to evade apprehension the country.
authorities, or facing the inquiry, may also not be permitted to leave servants for
On the other hand, it is also desirable that requests of Government
such permission are dealt with expeditiously.
that requests for
2. Keeping the above in view, it has been decided attached formats.
permission for private visits abroad may be processed in the Authority
Asclarified vide the OM, dated the Ist September, 2008, the Competent
Cadre Authority l
Tor granting permission will be as per instructions issued by the
Administrative Ministry /Department. In the absence of any such instructtons,
work in a
11S the leave sanctioning authority. In case due to specific nature of he
Department, administrative exigencies, or some adverse factors against Govern-
Government servant, etc., it is not expedient to grant permission to the
ient servant, such decision for refUsal should not be taken below the level of
ead of Department. It mav be ensured that the decisions are conveyed tO ne
to the
Government servants within 21 days of receipt of complete application the
Competent in the application should be brought to
noice of theauthority.
Government lacunaewithin
Anyservant one week of the receipt of the application.
In the event of failure on the part ofthe Competent Authority to conmmunicate its
decision to the receipt of the
employee concerned with 2l days ofpermission
application, Government
been grantedthe employee concerned shall be free to assume that
to him.
has

3. If in
casehandled
nature of work some modifications
by any organization, changes
are considered necessary to specialized
may beduemade with the
approval this
of
Department.
 the facts of
mount of leave thereferred to in
purpose may either
require the
a Medical Officer
nominated by applicant
himself. recommended
to appear
before himself andillness and
for that
or before
(5) The grant of medical
confer upon the
certificate shall |beGovernment
be
certificate
servant
forwarded to concerned
underanythis rule does not in
right to leave; the itself
orders of that authority awnited. the authority competent to grant leave medicaland
(6) The authority conmpetent to
the production ofa medical certificategrant
in
leave may, in its
case of discretion, waive
period not exceeding three days at a time. Such an application for leave for a
treated as leave on medical certificate. and shall beleave shall not, however, he
than leave on medical grounds. debited against leave other
GOVERNMENT OF INDIA'S DECISIONS
(1) Certificates issued by Railway Medical Authorities,- It has been
decided that for the purpose of the grant of leave to the staff of Railway Audit
Offices, the certificates of illness and fitness issued by the Railway Medical
Authorities on the forms prescribed by the Ministry of Railways. may be accepted
from the staff of all such offices.
[GI., M.E, Letter No. F. 5 (1)-EGI (B)/63, duted the Sth April, 1963.]

(2) Procedure for securing second medicalopinion.- 1. Representations

Authorities
have been received from the StaffAssociations that the Divisional
concerned. This action
are directing officials to appear before the Civil Surgeon
on the part of the leave sanctioning
authorities does not conform to the
(Leave) Rules, 1972. which
provisions of Rules 19 (3) and 19 (4)of the CCS
contemplate
sanctioning authority may secure second medical opnion
() the leave Government Medical Officer not below the rank of
Dy requesting a Surgeon to have the applicant meicaliy
CIVIl Surgeon or Staff
examined on the earliest possibledate, and
will thereupon express an opinion
(ii) the Government Medical Officer regards the necessity
of the illness and as
both asS regards the factsrecommended and for that purpOse he may
for the amount of leave Medical
before himselfor before a
either require the applicantto appear
Officer nominatedby himself.
22 SWAMY'S --LEAVE RULES | RULE
2. In other words,the leave sanctioning authority, in case of RULE 2
write, under intimation to the official concerned, for second doubt
medical , may
Surgeonto have the applicant medically
the rank of a Civil
Government Medical Officer not below examincd. The Medical Surgeonopinion
or Stat
Officer wil
(/

direct the official concerned either to appear before him or before a Medica
Officer, nominated by him, at aparticular date, time and place.
3. It is requested that the concerned leave sancioning authorities may he
suitably instructed to follow the procedure stipulated above.
| D.G. P. &T. Letter No. 34/3/75-SPB. II, dated the 6th November, 1975.1
(3) Certificates fromAIIMS, New Delhi, PGIM, Chandigarh and,JIPMEP
Pondicherry,can beaccepted.-This Department have been receiving a number
of references from various Ministries / Departments that medical certificates
issued from AlIMS, New Delhi, PGIM, Chandigarh andJIPMER, Pondichery
may also be accepted for the purpose of grant of commuted leave to Gazetted
Government servants.This has been under consideration for sometime and i
has now been decided in consultation with the Ministries of Finance and
Health that medical certificates issued by the above-mentioned institutions
may also be accepted for the purpose of grant of commuted leave to Gazetted
Government servants /non-Gazetted Government servants.
[GI., Min. of Per. & Trg. O.M. No. 13015/35/84-Estt. (L), dated the 18th July, 1985.]

(4) Commuted Leave to a Government servant who has opted out of CGHS (2)
facilities and is availing the medical facility provided by the employer of with th
his / her spouse.- This Department has been receiving references from of the
various Ministries / Departments seeking clarification regarding admissibiliy SUO nmor
of Commuted Leave on the basis of medical certificates issued by
Medical Practitioners approved by the employer of the spouse in caseS Hospitals!
the concerned employee has been allowed to avail such Wnel
facilities from ne
employer of the spouse. The matter has been considered in the lign
(1
clarification given by the Ministry of Health and Family Welfare. It is clar1iie Person
and Fu
that leave on medical grounds may be allowed on the
basis of certificae
issued by Hospitals /Medical Practitioners
spouse in such cases. approved by the employer o (Leave)
Notific
[G.I., Dept. of Per. & Trg., O.M. No. 13015/1 /2011-Estt. (Leave), dated the
19th October, 2011.) ofconseq
Righ
force fre
20. Leave to a
to return to Government servant who is unlikely to befit can be
duty acquiret
(1) (a) When a
Medical down
fit ttoreturnt Could t
noreasonabk
Authority has Sreported
prospect that the Government servant will ever be no
duty, leave shall
that there is
RULE 20 | GRANT OF AND
RETURN FROM LEAVE
23
W) The leave may he
granted, if due, by the authority competent to grant
leave on the following
) if the Medical
conditions;
the Government Authority is unable to say with certainty that
servant,
never again be fit for service,who has acquireda disability, will
at atime may be granted andleave notexceedling twelve months
such leave shallnot he extended
without further reference to a Medical Authority:
ii) ifa Government servant is declared by the
as specified in Rule 19, as to have acquired Medical Authority,
which may prevent him from discharging further such disability
leaveor an extension of leave may be granted to him after service.
the
certificate of the Medical Authority has been received in
Form 3-A:

Provided that any leave debited for the period(s) granted under
sub-clause (i) of Clause (b), after receipt of thecertificate of disability
of the Medical Authority, shallbe remitted back into the leave account of
the Government servant:

Provided further that any leave granted to regulate the period of absence
under sub-clause (ii) of Clause (b), after receipt of the certificate of the
Medical Authority, shall not be debited to the leave account of the
Government servant.

(2) In the case of a Government servant who is granted leave in accordance

with the provisions of Clause (b)of sub-rule (1), the provisions of Section 20
of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) shall,
Suomotu, apply. ]
GOVERNMENT OF INDIA'S DECISIONS
(1) Amendment to Central Civil Services (Leave) Rules, 1972 -
rersons with Disabilities (Egual Opportunities, Protection of Rights
and Full Participation))Act, 1995 (PWDAAct, 1995),The Central Civil Services
(Leave) Rules, 1972 were amended vide the Department of Personnel and Training
NotificationtoNo.the 13026/1/2002-Estt. (L), dated the 15/16th January, 2004
Consequent
of Persons with Disabilities (Equal Opportunities, Protection
forceRights and Full
Participation) Act, 1995(PWD Act, 1995) which came into
from 7th February,
2.
1996.
can be Section 47 of the PWD Act, 1995 provides that services of noemployee
acquired
down
terminated
a disability norduring
can his
he service. The
be reduced first
in proviso
rank to
in case the employee
the Section 47 has
lays
could bethat if suchtoan employee is not suitable for the postandhe service
was holding, he
1.
shifted Some other post. However, his pay benefits

Estt. (L), Substituted vide

dated the 3rd April,
G.I., Dept. of Per. & Trg.. Notification No. F. No. 18017/1/2014
2018, published as GSR 438 (E) in the Gazette of India.
 24 SWAMYy'S LEAVE RULES |RULE;

WOuld bc protected. The second proviso provides that if it is not possible

asupernumerar
djustsich an cmployee against any post, he wouldbe kept age
on
of superannuatio
Post until a suitable post is availablc or he attains the
47 provides that n
whichever is carlicr. Further, the Clausc (2) of Section
promoion shall be denicd to aperson mercly on ground of his disabilt
Hon'hle Supreme Cor
In Kunal Singhv. Union of ndia| (2003) 4 SCC524 |,
of Section 47 of the PWD A
has observed that the very frame and contents
1995 clearly indicateits mandatory nature.
absence of Government servants uh,
3. The issues relating to lcave or required to be dealt with in th
have acquired a disability while in service arePersons with Disabilities (Ea
light of the provisions of the Section 47 ofParticipation) Act, 1995. The cas
Opportunities, Protection of Rights and Full but wh
of a disabled Government servant whois declared fit to resume duty
may not be able to perform the duties of the post he was holding earlier mav he
dealt with as per the first proviso to Section 47 of the PWD Act. 1995. The
second proviso shall apply if it is not possible to adjust him against any existing
post. In all such cases, the Government servantso adjusted shall be entitled t
the pay scale and other service benefits attached to the post he was holding.
4. A disabled Governnent servant who is not fit to return to duty shail be
adjusted as per second proviso to the Section 47 mentioned above, until he
declared fit toresume duty or attains the age of superannuation, whichever is
earlier, with the same pay scale and service benefits. On being declared fit for
resuming duty, the Government servant who is not fit for the post he is holding
may be adjusted as per the first proviso to Section 47.
5. Leave applied on medical certificate in connection with disability should
not be refused or revoked without reference to a Medical Authority, whos
advice shallbe binding. The ceiling on maximum permissible leave laid down in
Rule 12 may notbe applied to leave on medical certificate applied in connection
with the disability. Any leave debited for the period after a Government servan
is declared incapacitated shall be remitted back intohis/her leave account.
6. For a Government servant who is unable to submit an application
medical certificate on account of disability, an application / medical certificat
submitted by a family member may be accepted. The provisions relating
examination of disabled Government seryants and the Medical Authoriue
competent to issue such certificates are also being amended.
7. Necessary amendments to the Central Civil Services
are being (Leave) Rules, I7*
notified separately.
[GI., Dept. of Per. & Trg., O.M. No. I8017/1/2014-Est. (L), dated the 25th February. 2015.

(2) Leave to a Government servant who is unlikely to be fit to returnto

duty.- It is directed to say that the CCS (Leave) Rules, 1972 have been amended
vide Notification GS.R. No. 438 (E), dated 3-4-2018 to bring them in conformity
with the Rights of Persons with Disabilities Act, 2016. Accordingly, it has now
been decided that leave applied under Rule 20, shall not be refused or revoked
 RULE 22) CRANI O AN) PETURN FROM IEAV
without referece to he Medical Authorify. whoe advice shall he hindsng
hrtbet. anv leave debited for the pericxlegrantedafter receipt of the cetific ate
f dsatblity of the Medical Authority. shall he remitted ha k 1nto the leave
te
aynt of the Ovenment servant. The (ertificate of Disah1lity 1s requredrfa
(iovernnent dor tor
be issud in Fon3A which <hould he signed hy a
granted iexve
Govemment mcdical board. Futher, a Governnent servant whr iS f
(b) of sub rule ( ) of Rule 20
in accordance with the provisions of ClauseSection
(CSlcave) Rules, 1972, the provisions of 20 of the Rights of Perons
motu apply
with Disabilitics Act. 2016 (49 of 2016) shall, suo
19-4-2017.
2. These orders arc to be effcctive from 7th uly. 2913
I . Dept. of Pcr. & Trg. O M. No, 18017/i/2014-Estt (L), dted the
leave
21. Commencement and termination of
Except as provided in Rule 22, leave ordinarily begins on the day on which
day preceding that on which
the transfer of chargeis effected and ends on the
the charge isresumed.
GOVERNMENT OF INDIA'S DECISION
Government servant is transferred to
Transfer to foreign service.- If a
from the date of such transfer, to be on
foreign service while on leave, he ceases,
leave and to draw leave salary.
[ Fundamental Rule 112.]

22. Combination of holidays with leave

(1) () when the day, immediately preceding the dayon which a Government
begins or
servant's leave (other than leave on medical certificate) hoiday
immediately following the day on which his leave expires, is adeemed
Government servant shall be
or one of series of holidays, the caseswhere for administrative
to have been permitted (except in
reasons permission for prefixing / sutfixing holidays to leave
of the day before,
specifically withheld)to leave his station at the elose
holiday or series of holidays,
or return to iton the day following such
provided that
(a) his transfer or assumption of charge does not involve the
other than
handing or taking over of securities or moneys
a permanent advance;
notentail acorrespondingly early
(D) his early departuredoesstation
Iransfer from another ofa Government servant to
perform his duties; and
corresponding delay
t) the delay in his return does not involve aGovernment
n the transfer to another station of the servant
Who was performning hisduties during his absence or in the
discharge fromGovernment service of a person temporariy
appointed to it.
 joining duty, holida) day)shall IS SO
certificd
be
(including
sufixcd to
that
the leave, and| holiday(s),,if any,
shall
eallowedt
preceding
be treated as part of the leave. the his
certified the
day he isso
condition that departing (G0vernment servant remain,
the charge,
(2) On
sponsible for the moneys in this the Head of. Department may, in an,
waive the application ofClause(a) ofthee proviso to sub-rule (
partiularcase,
Unles the authority competent to grant leave in any case othe
(3)
directs
(a) if holidays are prefixed to leave, the leave and any consequen
rearrangement of pay and allowances take effect from the dav aft
the holid:avs; and
() if holidays are suffixed to leave, the leave is treated as havins
terminated and any consequent rearrangement of pay and allowanc
takes effect from the day on which the leave would have ended i
holidays had not been suffixed.
NOTE. Acompensatory leave granted in lieu of duty performed b
a Government servant on Sunday or a holiday for a full day may be treate:
as a holiday for the above purpose.
GOVERNMENT OF INDIA'S DECISIONS
(1) Period of rest to RMS Sorters., The period of rest given to the RMS
Sorters may be prefixed to leave subject to the following conditions:
(a) that the period so prefixed does not exceed one day; and
(b) that before so proceeding on leave, the sorters should attend the recal.
record office, have their papers checked up and hand over charge
their duties before availing of the period of rest. 24.
TGI, M.F. (C's) Endt. No. SPB. 51-3/52. dated the 22nd September, 1955.1
(2) Treatment of restricted holiday.-It is observed that a restricte
holiday is not exactly covered under SR 2(12) (b), as it stands at presen the au expir.
Decause on arestricted holiday, the office is not closed for transaCue
Government business without reserve or qualification. However, as the restrictei
holidays are akin to other closed holidays, it has been decided withthe serva
LR
 RULE 24 ] GRANT OF AND RETURN FROM LEAVE 27

concurrence of the Ministry of Finance and the Comptroller and Auditor-Gieneral

of lndia, that, restricted holiday can bc prefixed or suffixed to regular leave or
Casual Leave.
|GL, M.H.A., O.M. No. 20/37/60-Pub. I, dated the 7th October, 1960. |
23. Recallto duty before expiry of leave
(1) Deleted.
(2) Deleted.
(3)) In case a Government servant is recalled to duty before the expiry of
his leave, such recall to dutyshall be treated as compulsory in all cases and
the Government servant shall be entitled
(a) ifthe leave from which he is recalled is in India, to be treated as on
duty from the date on which he starts for the station to which he is
ordered, and to draw-
() travelling allowance under rules made in this behalf for the
journey; and
which
(ii) leave salary, until he joins his post, at the same rate at
he would have drawn it but for recall to duty;
er
to count the time
(b) ifthe leave from which he is recalled is out of India,calculating leave,
spenton the voyage to India as duty for purposes of
and to receive
and for the period from
() leave salary, during the voyage to Indiaofjoining his post, at the
date
the date of landing in India to thedrawn
same rate at which he would have it but for recalltoduty:

(ü) a free passage to India;

if he has not completed half
(iii) refund of his passage from India date ofleaving for India on recall
the period of his leave by the
shorter;
or three months, whichever is
travelling allowance, under the rules for the time being in force,
(iv)
travel from the place of landing in India to the place ofduty.
for
rules governing the drawal of travelling allowance for a journey on
For
recall from leave, see Supplementary Rules 142 and 143.
e
24. Return from leave
before the
AGOvernment servanton leave shallnot return toduty by
(2) granted to him unless he is permitted to do so
pry of the period of leave
the authoritywhich granted him leave.
Notwithstanding anything contained in sub-rule (1), a Government
(4) be precluded from returnng
shall
vant on leave preparatorvtoretirement
LR4
 SWAMYS LEAVE RULES |RULE
25. Absence after expiry of leave
(1)Unless the authoritycompetent togrant leaveextends the leas
(Govemmentserv antwho remains atbsent after the endof leave is entitled
leave salary for the period of such absence and that period shall be do
against his leave aceount as thongh it were half pay lenve, to the extent such
is due, the perid in evcess of such leave due beimg treated as extraordinary le
(2) Wilful absence from duty after the expiry of leave renders a(.over
ment ser ant liable to disciplinary action.
GOVERNMENT OF INDIA'SDECISIONS
(1) Treatment of wilfulabsence from duty not recognized.- Wilful absene
from dut,. Cven though notcovercd by grant of leave does not entail los
lhen The period of absence not covered by grant of leave shall have to b
treated as des non for all purposes, viz., increment, leave and pension Suc
absence without leave where it stands singly and not in continuation of an
authorizcd lcave of absence will constitute an interruption of service for th
purpose of pension and unless the pension sanctioning authority exercises
powers under Article 421, CivilService Regulations [ now Rule 27 of the Centr
CivilServices (Pension) Rules ] totreat the period as leave without allowanc:
the entirepast service will stand forfeited.
IC&AG. UO. No. 1947-A/438-58, dated the 12th September. 1958. in Gi. M
File No 1452)-E. V/58. ]
(2) Action for overstayal of leave.-Doubts were raised in certain quarter
asextraordinary
to how the leave,
cases inshould
whichbeandealt
official overstays the prescribed quantum o
with. The matter has been considered
consultation with the Department of Personnel and the Ministry of Finance
Department of Expenditure. It has been clarified that the amendment does ne
take away the power ofthedisciplinary authority to take appropriate disc1pinar
action for any misconduct and impose one of the penalties under CCS(ClA
Rules. 1965.Action can, therefore. be taken under these rules for unauthorizc
absence from duty or overstayal of leave even for one day, treating 1
misconduct. if the facts and circumstances of the case warrant such arn actie
|DG. P & TsLetter No0. 6/28/70-Dise. L. dated the 10th February, I9/- 1
of leave.
(3) Action for unauthorized absence from duty or overstayaal
Departmente
The following decisions have been taken in consultation withthe
Personnel and the Ministry of Finance:
leave|LeaveRules
(i) When a temporary Government servant asks tor Revised
of the
the limits prescribed under Rule 14(6)Services 19
Rules, tahen
(Leave)
1933 now Rule 32 ofthe Central CivilI decision could be
and if the circumstances are exceptional, a leave in
by the leave sanctioning authority to grant further Suchcasc
of the limnits in consultation with the Ministry ofFirance.
should be referred to the Directorate.
 RULE 25 ]
GRANT OF AND
RETURN FROM LEAVE
(in) When a 31
temporary
prescribed limit of Government
servant applics for leave beyond the
is
which further leave
extraordinary
authority not satisfied with the leave and the leave sanctioning
grounds as exceptional,hasthebeen askcdgenuineness of grounds on
for, nor does the
the Government leave cannot be granted. itIn consider
such
the
servant a
fied date failing which heshould beasked to rejoin duty within a specicase,
would render himself liable for
action. Disobedience of orders
period would afford good andto rejoin duty within thedisciplinary specified
disciplinary action sufficient reasons for initiating
under CCS (CCA) Rules, 1965. Ifhe rejoins duty
bythe stipulated date, he may be taken back to service and the
of absence not covered by leave be period
treated
dealt with in accordance with the orders as overstayal of leave and
overstayalof leave. regarding regularization of
If the Government servant does not join duty by the
stipulated date,
it would be open to the disciplinary authority to institute disciplinary
proceedings against him. If during the course of disciplinary
proceedings hecomes for rejoining duty, he should be allowed to do
sowithout prejudice to the disciplinary action already initiated against
him (unless he is placed under suspension) and the disciplinary action
concluded as quickly as possible. The question of regularization of
the period of overstayalof leave be left over for consideration till the
finalization of the disciplinary proceedings.
(ii) IfaGovernment servant absents himselfabruptly or applies for leave
which is refused in 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 ofabsence would be treated as unauthorized
entailing loss of pay for the period in question under proviso to
Fundamental Rule 17, thereby resulting in break in service. If, however,
he reports for duty before or after initiation of disciplinaryproceedngs,
e may be taken back for duty because he has not been placedperiod
under
disciplinary actionmay beconcluded and the
of absence The
Suspension. treated as unauthorized resulting in loss in pay and
and
howances for the period ofabsence under proviso to FR 17()
us a break in service. The question whether the break should be
be considered only
oned or not and treated as dies non should
er conclusion of the disciplinarvproceedings and that too after the
Government servant represents in this regard.
2.It is made clear that a Government servant who remains absent unauth0-
riandZedlthisy wishould
thout notproperbe putpermission
off till theshould
absencebe proceeded
exceeds theagainst
limit immediately
prescribed in
Rule32d (2)consider
Shoul (a) ofthetheCCSgrounds
S(Leave)adduced
Rules, 1972. However,
by the ,the Disciplinary
Government servantAuthority
for his
unainaryuthautorizheordityabsence before initiating disciplinary proceedings.
is satisfied grounds adduced for unauthorized
that the
If the discip-
absence
32 SWAMY's LEAVE RULES | RULE

are justificd, the leave of the kind applied for and due and admissible may
granted to him.
I97:
|DOP &I', lcttcr No b/)8/0 Disc I (SPB-). dated the 5th Octohecr

Absence.
(4) Guidelines for Regularization of Unauthorized / Der
Department has bcen recciving various references from Ministries
long periods
ments regarding regularization of unauthorized absence for
references are made basically because the Ministries / Departrnents do not fol
absence. Guidelir
the prescribed proccdure for dealing with such unauthorized
instructions exist for handling such situations.
1972.
2. As per Rule 25 of theCCS (Leave) Rules
() Unless, the authority competent to grant leave extends the leav
Government servant wh0 remains absent after the end of leave
entitled to no leave salary for the period of such absence and
period shall be debited against his leave account as though it w
half pay leave, to the extent such leave is due, the period in excess
such leavedue being treated as extraordinary leave.
(2) Wilful absence from duty after the expiry of leave renders a Gove
ment servant liable to disciplinary action. Government of In
decisions also exists that a Governiment servant who remains abs
without any authority should be proceeded against immediately
this should not be put off till the absence exceeds the limit presc
bed in Rule 32 (2) (a) oftheCCS (Leave) Rules, 1972.
3. lt is once again stressed that a Government servant who rema
absent without any authority should be proceeded against immediarely.
Ministries /Departments arerequested to ensure that in all cases of unauthor
absence by a Government servant, he should be informed of the conseque
of such absence and be directed to rejoin duty immediately /within a spe:t
date, say within three days, failing which he would be liable for disciplin
action under CCS(CCA) Rules, 1965. Ifthe Government servant does no
duty by the stípulated date, the Disciplinary Authority should initiate discipln
conclud
action against him and the disciplinary case should be conducted and c
as quickly as possible. situatu
Authorities that the: serv
4. It is only due to apathy of the Disciplinary
arises where long pending unauthorized absence leads to delay in other
Such sit
matters of Government servants, incBuding promotions. To avoid Authorities
tions, all Ministries / Departments should advise Disciplinary whoabsc
ensure that prompt action is taken against Government issued
servants.without del
themselves without permission and that charge-sheets are
ofanoft
5. The consequences and procedure to be followed in respect Outun
who is absent from duty without any authority has been broughtprovisions
FR 17(1 ) and 17-A. As per FR 17-A(ii) without prejudiceto the abs

Rule 27 of the Central Civil Services (Pension) Rules, 1972, remaining

 RULE 25 1 ORANT OF AND RETURN FROM
IEAVE
without any authotity or deserting the post, hall he deemed to cause an
interruption of break in the serviceof the employee onless
hythe ompetent Authority for the purpose of leave iravel otherwise decided
concevsien quasi
permanency and eligibility fot appearing in department exarminatins for which
a minimm periodofcontinuous service is required
6 Comptroller and Auditor-General have issued orders rhat the perod of
ahsence not covered by grant of leave shallhave to be treated as dies mon lor sll
nuoses,viz., increment, lcave and pension Such absence without leave where
stands singly and not in continuation of any authorized leave of absence will
constitute an inteTuption of service for the purpose of pension and unless the
nension sanctioning authority exercises itspowers under Article 421,Civil Servce
Regulations now Rule 27 of the CCS (Pension) Rules ] to treat the period x
leave without allowance, the entire past service willstand forfeited
7. lt may be noted that regularization of unauthorized absence for pension
Durpose is to be considered under theCCS(Pension) Rules. Only in cases where
the Disciplinary Authority is satisfied that the grounds adduced for unauthonzed
kind applied for and due and adm1ssible
absence are justified, the leave of the (Leave) Rules.
may be granted to him under the CCS
13026/3/2010-Estt. ( Leave), dated the 22nd June.
|G.. Dept. of Per. & Trg., 0.M. No.
2010.]

Consolidated instructions relating to action warranted against

(5) grant
from duty without authorization various
Government servants remaining away undersigned is directed to say that
of leave -Rule position.-The from Ministries/Departments seeking advice
references are being received observed that
regularization of unauthorized absence. It has been
post facto accorded by the administrative authorities to he
due seriousness is not being aliaunder the CCS (Leave) Rules, 1972, for taking
Various rule provisions, interaction against Government servants stay1ng away
sanctioned
and appropriate of
mmediate overstayingthe periods
from duty without prior sanction of leave oris unauthorized and warTants prompt
leave. It is reiterated that such absence observed that concerned adminis-
and stringent action as per rules. It has been such
prescribed procedure for dealing with
trative authorities do not follow the
unauthorized absence. Departmentsisinvited to
the
2. In view of this, attention of all Ministries / in the following paragraphs
various provisions of the relevant rules, asindicated
absence of Government servants.
for strict situations of unauthorized broughttothe notice of allthe
It is also adherence in Government
Suggested that these provisions may bewhich may visit ifa to provide
enployees so as to highlightthe consequences present OM intends is advised
Servant on an unauthorized absence. The provisions. Hence it competent
IS
ready reference inrespect of the relevant are referredto bytheprovisions
that the relevant points
rules, as are being cited below,
application. The
relevantfollows:-
autwhihcorih tmayies be in mind while considering
for appropriate and judicious
such cases are
indicated as
kept
 LEAVE PUIES
SWAMYS

(a) Proviso to R17() oficer who is ahsent from duty witho

etipulates that an the perioe
The said provision entitled to any pay and allowances during
be
any authotity shallnot
of seh abkence

() ERI-A
provides that where an individua!Iemployer
ahsenes
inter alia the period of such
The said provision
unauthorizedly or deserts the post,
the employog
remains absent interruption or break in service of
shall be deemed to
causean
competent authority for the purpose of leave
uniess otherwise decided
by the
appcaring in departmental examinations, for
eligibility for
travel concession and
period ofservice is
required.
which a minimum
25 of the CCS (Leave) Rules, 1972
(c) FR overstays
addresses the situation where an employee Competent
The said provision of the kind due and admissible and the
leave from
bevond the sanctioned
approved such extension. The consequences that flow
Authority has not of leave include that:
such refusal of extension leave salary for
shall not be entitled to any
(i) theGovernment servant
such absence;
his leave account as though it
period shall be debited against excess
(ii) the such leave is due, the period in
were half payleave to the extent extraordinary leave.
of such leave due being treated as
absence from duty after the expiry of leave renders a Govemment
(i) wilful disciplinary action.
servant liable to
are
respect to (iii)above, it may be stated that allMinistries / Departments
Government
with unauthorized absence by a
requestedto ensure that in allcases of consequences of such absence and e
Servant, he should be informed of the period, say withn three
directed to rejoin duty immediately /within aspecified CCS(CCA
days, failing which he would be liable for disciplinaryaction under
remains abseh!
Government servant who
Kules, 1965. I may be stressedthat a immediately and this should
without any authority should be proceeded against under the varou
the limit prescribed case should be
not be put off tillthe absence exceeds disciplinary
provisions of CCS (Leave) Rules, 1972 and the
conducted and concluded as quickly as possible.

(d) Rule 32 (6) of the CCS(Leave) Rules, 1972 commute

leave, to
grarnt
This provision allows the authority competent toextraordinary leaveunder
under
retrospectively periods of absence without leave intoprovision also exists thal
Rule 32 (6) of CCS (Leave) Rules, 1972. Asimilar please be
ensured
Rule 27 (2) of the CCS (Pension) Rules, 1972. It may
judiciously, keeping
discretion allowed under these provisions is exercised
 GRANT OF AND RETURN FROM LEAVE 35
RULE 2S]

circumstances and merits ofof each individual case. The period of

viewthe leave shall normally not
grant of extraordinary
absence so regularized byincrements
of and for the sajd purpose, it shall be
count for the purpose 26 (b) (ii).
regulated by provisions of FR
should initiate appropriate action against
3 AllMinistries / Departmentsper rules.
servants as
delinquent Government
No. (Leave),
13026/3/2012-Est. dated the 28th March. 2013.1
[G.L. Dept. of Per. &Trg., O.M.
AUDIT INSTRUCTION

does not count for increment.-A period

Period of overstayal of leave time-scale unless under
count for increments in a
ofoverstayalofleave does not commuted into extraordinary leave and under
is
FR 85(b) [ cf., Rule 32 (b) ]itextraordinary specially allowed to count
leave is
the proviso to FR 26 (b) the
for increment. Instructions (Reprint).]
ofManual ofAudit
[Para. 6(iii), Chap. IV, Sec. I