ACKNOWLEDGEMENT

Any administration backed by the use of ad-hoc measures and whimsical orders from the lack
of knowledge of Rules, Regulations and Instructions as also from improper skill to interpret
and to execute them is bound to leave the employees discontented. Himachal Pradesh Institute
of Public Administration , Shimla (HIPA) has, therefore, always remained in hunt for employing
various methods for updating the knowledge and sharpening the skill of the administering
officers and assisting staff of the State of Himachal Pradesh.
Under the aegis of UNDP and the Government of India, Department of Personnel and Training,
New Delhi, HIPA conducted Training Needs Analysis of various categories of the civil servants in
the State of Himachal Pradesh. During the conduct of training needs of the employees, it
revealed that personnel matters still find a lions share. Therefore, it was considered
necessary to equip the officers and staff deciding and dealing with the provisions of
establishment Rules and instructions on the subjects besides inculcating in them the skill to
apply these. However, large number of the civil servants have scarcity of time and means and
vastness of the service matters did not allow us to venture into fulfilling whole of such
requirements. Obviously, it was also not possible for us to prepare a package of class-room
training for all. As a step ahead, HIPA, therefore, decided and prepared training modules in
the following three most important aspects of service matters: Pay Fixation,
Leave Rules and
Pension Rules
These modules are the outcome of mammoth labour, wide-ranging research and significant
care. These modules have been drafted with the belief that these will go a long way in
finalizing personnel matters of the civil servants promptly, fairly and in their right
perspective.
On the basis of long deliberations during the workshops and suggestions received from the
experts and faculty members on Finance and Accounts at HIPA, a module after its validation
by a penal of experts, finally prepared a module on Leave Rules which is in your hands.
The module has been prepared in self-instructional mode and with the belief that time and
travel cost would be saved. .
I would like to place on record the appreciation for the excellent work done by Shri B.M.
Gupta, Assistant Controller (Finance and Accounts), HIPA who has taken a lot of pains in
drafting this module by working day and night for months together in bringing this module
out by his hard work. He also deserves my gratitude for the entire word-processing job
employed in this task.
I would also like to place on record my appreciations for giving valuable suggestions
provided by Sh. V.K. Sood, Retd., Controller, Finance and Accounts, Department of Personnel, HP
Government, Shri B.D.Lath, . Audit Officer, National Academy of Audit and Accounts, Shimla and
Shri H.R.Verma, Deputy Controller (F&A), H.P.Tourism Development Corporation, Shimla, for
validating this module by devoting and sparing their valuable time. I also place on record my

sincere thanks to Dr. Kailash Walia, Retd. Principal for giving his services for editing the
module. I am also grateful to Shri A.D. Negi, Deputy Controller(F&A), Shri Moti Ram Verma and
Shri K.K. Sharma, Assistant Controllers(F&A) of the Institute for scrutinizing the preliminary
draft of the module.
My sincere thanks are also to the participants who attended the Pilot-Run workshops of this
module for their hard work while on their job and also suggesting valuable rectifications,
language use and filling the gaps in the presentation of the draft module. Names of these
valuable contributories are given in the Annexure.
I would also like to place on record my appreciation for the untired efforts, support and
contributions made by Shri S.S. Panwar, Programme Officer, UNDP, HIPA at various stages of
drafting, editing, preparation, managing and timely presentation of this module. The work
was done by him with great devotion to duty.
Last, but not the least,
I am extremely grateful to the United Nations Development
Programme(UNDP), New Delhi and the Training Division, Department of Personnel and Training,
Govt. of India, New Delhi for financing this project as well as their continuous moral and
academic support without which the Institute could not have even thought in this direction.
I believe this work of HIPA will prove to be a milestone in handling personnel matters
efficiently and effectively in all State and Semi-Government Organisations at various levels of
official hierarchy.

Shimla
18th October, 2002

Director,
Himachal Pradesh Institute of Public Administration,
Fairlawn, Shimla-171 012.

INTRODUCTION TO THE PACKAGE AND THE MODULE:

Dear Learner,
Efficiency in Administration is need of the hour. Efficiency can be ensured through
constant touch with the latest developments in the related area. We recently conducted a
study on training needs of various categories in the government offices. This inter-alia
included the ministerial categories of government servants as also the Heads of Offices.
We found that their training needs mostly & commonly revolve around the personnel
matters. Obviously, we cannot jump into the entire bulk in one go. We sorted out these
needs further and found that not less than 75 to 80% of personnel matters in every office
relate to three aspects Pay fixations, Leave cases and Pensionary benefits.
Our study further revealed that the number of persons to be trained is quite large. It was
not possible to prepare a package of face-to-face training for all, as that would have
taken a long time. As an alternative to face-to-face class-room training, we therefore,
decided to launch a training programme through Distance Learning.
And, therefore, we feel immense pleasure in bringing for you a package of three
important aspects of personnel matters Pay Fixation, Pension and Leave. The second
in the chain of these - Module on Leave Rules, is now in your hands.
For the convenience of study, we have divided the module in two units. In Unit-I, we
will discuss different kinds of leave available to the government servants to whom the
Central Civil Service(Leave)Rules, 1972 are applicable. Here we have taken care to
differentiate between various kinds of leave. We have also focused our attention on
actual entitlements of different kinds of leave, method of calculation and leave salary
payable for each.
Unit-II of the module takes care of the regulations and procedures governing the leave.
Here we have discussed some general regulations pertaining to leave. We have also
deliberated on some procedural requirements such as leave applications, leave on
medical certificates etc. Maintenance of leave account also finds place in this Unit.
While working on this module, you are to take care of one point. We have used the term
quasi-permanent while discussing various aspects of leave. With the change in the
procedure of declaring a government servant permanent, the term has become
redundant. We have not skipped this term since this still appears in the Rules.
We believe that you will find this module quite helpful in processing and deciding the
leave cases. This compilation is purely for understanding purposes. We, therefore,

request you to read this with relevant rules and executive instructions. This compilation
is not and should not be quoted as an authority anywhere.
Last but not the least, we have taken utmost care in preparing the module. To add to the
reliability of the compendium, a Team of Subject-Experts has validated this. An Edit
Board has also gone through the language used to make it easily understandable and
transferable. Lists of members of Validation Team, Edit Board and Pilot-Run
programme are appended at Annexures A, B and C of this module.
Nevertheless, you may find some deviations/mistakes that might have crept in. We
look forward for your suggestions in this regard for betterment of the module in future.

B.M. Gupta,
Assistant Controller(F&A)
HIPA, Fairlawns, Shimla-171012

th

Dated 10 October, 2002

CONTENTS

UNIT-1: KINDS OF LEAVE

1.1
1.2
1.3
1.4

1.5
1.6

1.7

1.8
1.9
1.10
1.11
1.12

Pp 6-100

INTRODUCTION
OBJECTIVES
WHY LEAVE
UNRECOGNISED KINDS OF LEAVE
CASUAL LEAVE
SPECIAL CASUAL LEAVE
COMPENSATORY LEAVE
INTRODUCTION TO C.C.S. (LEAVE) RULES, 1972
ORDINARY KINDS OF LEAVE
EARNED LEAVE FOR NON-VACATIONAL STAFF
EARNED LEAVE FOR VACATIONAL STAFF
HALF-PAY LEAVE
COMMUTED LEAVE
LEAVE NOT DUE
EXTRA-ORDINARY LEAVE
SPECIAL KINDS OF LEAVE
MATERNITY LEAVE
PATERNITY LEAVE
SPECIAL DISABILITY LEAVE FOR INJURY INTENTIONALLY INFLICTED
SPECIAL DISABILITY LEAVE FOR ACCIDENTAL INJURY
HOSPITAL LEAVE
STUDY LEAVE
POINTS TO REMEMBER
SELF ASSESSMENT QUESTIONS
SUM UP
ANSWERS TO SELF ASSESSMENT QUESTIONS
APPENDICES

UNIT-II: PROCEDURES AND REGULATION OF LEAVE

2.1
2.2
2.3
2.4

2.5
2.6
2.7
2.8
2.9
2.10

Pp101-133

INTRODUCTION
OBJECTIVES
LEAVE APPLICATION AND SANCTION
CONDITIONS GOVERNING LEAVE

RIGHT TO LEAVE

REGULATION OF CLAIM

CONVERSION OF LEAVE IN TO OTHER KIND

COMBINATION WITH LEAVE AND HOLIDAYS

MAXIMUM SPELL OF LEAVE

CURTAILMENT OF LEAVE

REQUIREMENT OF MEDICAL CERTIFICATE

OVERSTAYEL OF LEAVE

EFFECTS OF DISCIPLINARY PROCEEDINGS ETC.

SERVICE AND EMPLOYMENT DURING LEAVE

MAINTENANCE OF LEAVE RECORDS
SUM UP
POINTS TO REMEMBER
SELF-ASSESSMENT QUESTIONS
ANSWERS TO SELF ASSESSMENT QUESTIONS
APPENDICES
Annexure A List of the Members of Validation Team
Annexure B List of Members of Editing Board
Annexure C List of Participants of Pilot Run

Pp 134-136

UNIT I

KINDS OF LEAVE
STRUCTURE
1.1
1.2
1.3
1.4

INTRODUCTION
OBJECTIVES
WHY LEAVE
UNRECOGNISED KINDS OF LEAVE
CASUAL LEAVE
SPECIAL CASUAL LEAVE
COMPENSATORY LEAVE
1.5 INTRODUCTION TO C.C.S. (LEAVE) RULES, 1972
1.6 ORDINARY KINDS OF LEAVE
EARNED LEAVE FOR NON-VACATIONAL STAFF
EARNED LEAVE FOR VACATIONAL STAFF
HALF-PAY LEAVE
COMMUTED LEAVE
LEAVE NOT DUE
EXTRA-ORDINARY LEAVE
1.7 SPECIAL KINDS OF LEAVE
MATERNITY LEAVE
PATERNITY LEAVE
SPECIAL DISABILITY LEAVE FOR INJURY INTENTIONALLY INFLICTED
SPECIAL DISABILITY LEAVE FOR ACCIDENTAL
INJURY
HOSPITAL LEAVE
STUDY LEAVE
1.8 POINTS TO REMEMBER
1.9 SELF ASSESSMENT QUESTIONS
1.10 SUM UP
1.11 ANSWERS TO SELF ASSESSMENT QUESTIONS
1.12 APPENDICES

1.1

INTRODUCTION:

The present unit is the first of the module on Leave Rules. All of us are already aware
of the term leave. Have you ever tried to list and count different types of leave
including the kinds that are not recognized as leave? At this time, try to recall all the
types of leave you know about and list them. Now match it with the list provided at

Appendix I. Does it surprise you that we are linking as many as 15 types of leave?
These are admissible to government servants under different circumstances.
There are three broad groups for these various kinds. For the purpose of an easy
understanding, therefore, these three groups have been dealt with in 3 different
Sections. Each Section contains one distinct group of the kinds of leave it embraces
Generally, all kinds of leave are subject to certain regulations. These regulations are
contained in Unit-II of this module. However, unrecognized kinds of leave are not
governed by these regulations and we will discuss this with that particular kind of
leave also.

1.2

OBJECTIVES:

After working through the unit, you will be able to:

p list out various kinds of leave;
p explain their method of credit and debit to the leave account of government
servants;
p describe admissibility of different kinds of leave to various categories of
employees;
p explain why some kinds of leave are treated as unrecognized ones; and
p explain how to calculate the leave salary payable for each kind of leave.

1.3

WHY LEAVE?

Rule 11 of the Fundamental Rules says that services of the govt. servants are always at
the disposal of the government. This is because the government is paying them for their
services. Can you think of a situation if this rule is followed in rigidity? What will
happen? The government servants will never be able to attend to their private affairs.
They will have to attend the office even when they are confined to bed. Or else they
have to face the consequences of willful absence. You can also realize their fatigue if
they go on working continuously like a revolving wheel without any change. Then.
what is the alternative?
The Government has taken care of such situations. It has kept definite provisions for
leave to meet with them. When the government servants are granted leave, they become
free from their official duties. They can refresh themselves during leave and can rejoin
duties thereafter with new vigour and strength. They are not treated as absent while on
leave. The government wants that everyone in the office should proceed on leave to
return to work in a fresh mood. Can you say now that leave is the authorized absence
of a govt. servant from official duties?

WHY DIFFERENT TYPES OF LEAVE?

1.3.1

You have listed various types of leave. Give a thought for a while why so many types
of leave have been prescribed by the government.
The government has taken care of various situations under which the government
servants will not be able to attend their work places. The types of leave have been
provided to take care of particular situations e.g. Study leave will be needed only where
it is required for higher studies in the public interest. Every kind of leave is admissible
under specific circumstances. Different circumstances, therefore, necessitated different
kinds of leave.
In this section we will discuss various kinds of leave that are admissible to a govt.
servant under various circumstances. As already mentioned above, there are as many
as 15 kinds of leave that can be availed by govt. servants under different circumstances.
These types can broadly be divided into three major groups:

Unrecognized kinds of leave;

Ordinary kinds of leave; and
Special kinds of leave.

Each of the above groups have been discussed in a distinct Section for the purpose of
an easy understanding. Section 1.4 tells us about the unrecognized kinds. We will
discuss rest of the two groups in later Sections.

1.4

UNRECOGNISED KINDS OF LEAVE

There are some periods of absence of a govt. servant which are not treated as leave. You
must be knowing that the govt. servants are paid their salary for the services they
render to the govt. Can they be paid such salary for their leave periods too? Certainly
not. Then what is to be paid to them for their leave periods? The amount payable is
termed as leave salary. A govt. servant who is on leave is to be allowed leave salary
and not the salary. This leave salary is different for different kinds of leave and we
will discuss that with the particular kind. However, here you must clearly understand
that they are to be allowed salary and not the leave salary, when they are on any
unrecognised kind of leave. Unrecognised kinds of leave include:

Casual Leave;
Special Casual Leave; and
Compensatory Leave.

These kinds of leave are not strictly recognised as leave under C.C.S. (Leave) Rules,
1972. This is because of this reason that govt. servants are treated as on duty even
when they are availing leave from any of these kinds. Lets discuss these individually
now.

1.4.1

CASUAL LEAVE:

This is the most popular kind of leave and is first one from the unrecognized kinds.
You must be knowing about it. The provision for this kind of leave has been made to
take care of emergencies. Therefore, provisions for its grant are simple. It is not subject
to the regulations of Leave Rules. This is granted and regulated under executive
instructions of the State Government as discussed in succeeding paragraphs.

Meaning:
Literally saying, the term casual means sudden. Therefore the term Casual Leave
means availing of leave in emergent cases when one does not have time to wait for the
sanction by his superior Officer. However, it should not be construed to mean that one
could always avail casual leave without having prior sanction of ones superior or
without intimation/application about ones absence. Casual leave should be applied for
on a plain paper giving therein the brief details of the grounds upon which you intend to
avail it. The need for Casual leave may arise:

Due to the reasons beyond ones control e.g. self-illness, illness in the
family etc. In this type of cases, casual leave may be allowed to be
applied for and availed without prior sanction since the government
servant could not help without it. You would notice in this case that there
is no way of knowing the circumstances in advance. The leave
sanctioning authority, in its discretion, may however, call for certain
evidence of emergency.

For reasons, which could be foreseen e.g., marriage in the family or even
any other pre-fixed event. In this type of cases, casual leave should be
applied for in advance and should be availed only after it has been
sanctioned.

Regulation of Casual Leave

Admissibility of casual leave to a govt.servant is:

12 days for those who are in service on Ist January of a calendar year and
will remain in service till 31st December of that calendar year. The credit
of entire amount of leave is to be afforded on Ist January itself.
For those who join govt. Service during the currency of a calendar year,
remaining months of that calendar year are to be calculated. They will be

entitled to casual leave @ 1 day for each such remaining month. Lets
understand this with the help of following example:

EXAMPLE:
A male govt. servant joins service on 18th March 2001. As he was not in service on Ist of
January. 2001, he is not entitled to full credit of 12 days casual leave for 2001. We will
calculate the months of service he will be rendering during 2001. These are from April to
December 2001 i.e. 9 months. He will be entitled to 9 days casual leave for the year 2001.
In all such cases, the credit is to be afforded on the day of joining govt. service.

Another case may be of those govt. servants who are in service on Ist of
January but will retire during that year. They will also be entitled to
casual leave credit @ 1 day for each month of service they will render
during the year of their retirement. In such cases also, the credit is to be
afforded on Ist January.

ACTIVITY:
Go through service books of 5 employees of your office and note down their joining dates.
Now calculate the casual leave they were to be credited for the year of their joining the
service.

Grant of Casual Leave:

Casual Leave can be granted immediately after one has become entitled to its credit.
In any one spell casual leave for more than 8 days is not to be allowed. However, this
condition is not to be applied rigidly in cases where leave-sanctioning authority finds
special circumstances to relax it.

Combination of Casual Leave

Casual Leave can be combined with Sundays and other holidays. These can be
Casual Leave can also be
prefixed1, suffixed2 or intermixed with casual leave.
combined with Restricted Holidays, Special Casual Leave and Compensatory leave.
However, its combination with Special Casual Leave and Compensatory leave is subject
to certain conditions that have been discussed while discussing these two kinds in
succeeding Sub Sections. Casual Leave under no circumstances, barring one case as
discussed in Earned Leave, can be combined with ordinary kinds of leave or special
kinds of leave. The following example will help you in understanding the combination
of casual leave with Sundays and holidays:

1
2

Day(s)coming immediately before leave

day(s)coming immediately after leave

10

EXAMPLE:
The office remains closed on 12th, 13th and 16th of September. The govt. servant applies for
casual leave for 14th & 15th September. He can be allowed to prefix 12th and 13th
September to his casual leave. Likewise, he can also be allowed to suffix 16th September.
Thus by taking two days casual leave, he can remain out of his duties from 12th to 16th
September.

The above example must have made it clear to you as to how you will process/decide
the cases of casual leave where the government servants apply for casual leave in
combination with Sundays and other holidays.

DO YOURSELF-1:
21st October 2001 is Sunday. 26th (Friday) of the same month is Dussehra a gazetted
holiday. The office remains open on 27thOctober, 2001(Saturday). Determine and specify
the dates he will need casual leave to make a spell of leave from 21-28 October 2001.

Sanction:
Casual Leave is to be applied for on a plain paper giving the duration of leave required
and briefly the purpose for which it is required. Casual Leave can also be sanctioned
for day. When it is sanctioned for half a day, the lunch hours are the dividing line for
determining the half-day. A govt.servant, who applies for half-day casual leave for the
forenoon, should be present in the office at the time when office re-opens immediately
after the lunch break. A govt. servant, who requires -day casual leave for the
afternoon, can leave office immediately at the commencement of lunch break.

Deduction for Late attendance:

You are aware that govt. servants on one or the other occasion come late to the office or
leave office before closing hours, on the pretexts of extraneous grounds. You also know
that the govt. has already made ample provisions to take care of leave requirements of
govt. servants. In view of availability of different kinds of leave, it is always expected
of a govt. servant to devote full time to his duty towards the govt. Late attendance or
early leaving the office is, therefore, not a healthy practice even with the permission
from superiors. Of course, a person may be late to office due to late running of
transport, or sudden break down of his conveyance. Such type of exigencies is always
casual and you cannot expect them to occur frequently. Therefore, when the
government servants come late to office or want to leave the office early, 1/3rd days
casual leave should always be deducted from their Casual Leave account for each late
arrival or early departure up to 2 hours. . However, this deduction should not be made
where govt. servants attend the office late up to 1 hour due to reasons beyond their
control. But this late attendance should not be for more than two occasions in a month.
Suitable disciplinary action should also be taken in addition to deduction of Casual
leave, in the case of late-comers.

11

Conversion into regular kind

We have already discussed the combination of Casual leave with Special Casual Leave,
Compensatory leave and gazetted holidays & Sundays. Instances may occur when govt.
servants apply for Casual leave, proceed on leave but find after the expiry of leave
unable to rejoin duties on the due date because of certain unavoidable circumstances.
They apply for extension of leave and their total absence on leave exceeds the
maximum limits for which casual leave could be sanctioned. Alternatively they may not
have sufficient Casual leave in their account. In such cases, the govt. servants should be
asked to apply for leave from amongst regular kinds of leave i.e. ordinary kinds of leave
or special kinds of leave as the case may be. Their entire absence, including the casual
leave already sanctioned, will be treated as regular leave. This is because of the reason
that casual leave cannot be combined with regular kinds of leave.

Lapse:
You are aware that provision for casual leave has been kept by the govt. to take care of
emergent requirements of leave by a govt. servant. This kind of leave is also not strictly
recognized as leave and a govt. servant while on this kind of leave, is treated as on duty.
Therefore, govt. servants must avail the casual leave at their credit during the year for
which it is meant. In case the govt. servant does not avail it by 31st December of the
respective year, the balance of casual leave is not carried forward. It will lapse on the
closing day of the year itself.

Do yourself-2:
1.
2.
3.

Fill in the Blanks:

A government servant is entitled to _______days casual leave for one calendar
year.
A person on casual leave is paid ___________ and its period is treated as
_______.
Unavailed casual leave lapses at the end of the ___________year.

12

Do Yourself-3:
Write in the space provided whether the following statements are true or false:
1.
2.
3.

4.
5.

Casual Leave is an unrecognized kind of leave.

Unrecognized kinds of leave are subject to the
regulations of leave rules.
For new entrants to government service, credit of
casual leave is to be afforded @ 1 day for each
remaining calendar month of service of that calendar
year.
Casual Leave can ordinarily be combined with earned
leave
Government servants become entitled to avail casual
leave from the next day of their entry to service and
entire casual leave credited can be sanctioned in one
go to them subject to a maximum of 8 days.

SPECIAL CASUAL LEAVE:

1.4.2

In Section 1.4.1, we have seen that casual leave is admissible to the govt. servants to
meet with their emergent needs of leave. Govt. has kept yet another type of leave
known as special casual leave. This kind of leave is admissible to the govt. servants to
take care of special kinds of unofficial duties expected from them e.g. to sports persons,
trade union leaders. This kind of leave is also admissible as an incentive to promote
family welfare programme of the government.
Special Casual Leave also falls in the category of unrecognised kinds and is,
therefore, not subject to the regulations of C.C.S.(Leave)Rules contained in Unit-II of
this module. When a govt. servant is on Special Casual leave, he is to be treated as on
duty. Therefore, he is allowed salary and not the leave salary for such absence.
The govt. has not prescribed a uniform pattern for the grant of this kind of
leave. Therefore, we have discussed its admissibility individually for each purpose as
follows.

1) FOR SPORTING EVENTS:

Special Casual leave for sporting events is admissible:

For attending coaching or training camps under Rajkumari Amrit Kaur

Coaching Scheme or similar All India Coaching or Training Schemes;
Attending coaching or training camps at the National Institute of Sports,
Patiala;

13

Participating in mountaineering expeditions;

Attending coaching camps in sports organized by National Sports
Federation/Sports Boards recognized by All India Council of Sports;
Participating in trekking expeditions; and
Participating in inter-ministerial and inter-departmental tournaments and
sporting events.
For participation in Ski Training/ Meets/ Competitions organized or
approved by the Mountaineering Institute and Allied Sports, Manali.

Quantum for Sporting Events:

Admissibility of Special Casual Leave for various Sporting events is as under:

For participating in inter-ministerial and inter-departmental tournaments,

maximum amount of Special Casual Leave should not exceed 10 days in
a year Special Casual Leave admissible for other sporting events is 30
days in a calendar year. The facility of Special Casual Leave includes
the time spent in journey for participating in such events.. Technical
officials who are concerned with the administration of these events are
also entitled to equal number of special casual leave.

Government servants who are selected for participating in sporting

events of national/international importance, the period of actual days on
which they participate in the events is to be treated as duty. Period of
actual days here means the duration of the event. To and fro journey
days will be a part of his duty. If some coaching camps are organized
prior to such participation, the duration of such coaching camps will also
be treated as duty.

2) FOR FAMILY PLANNING:

Quantum of Special Casual leave for promoting the small family norms/family welfare
programme of the govt. is as under:

When a male govt. servant undergoes vasectomy operation for the first
time, he is entitled to a maximum of 10 working days special casual
leave. If his first operation fails and he goes for the operation for second
time, another 10 days special casual leave will be granted to him.
Holidays and Sundays will not be counted for calculating the number of
working days on either of the occasions. However, application for the
grant of such leave should be supported with a medical certificate. If the
leave is granted for the second time, the second medical certificate
should have a mention that the operation was necessitated for the second
time due to failure of the first one. Another point that needs to be
understood is that the concept of working days is applicable only in the
cases of vasectomy operations and that too for the first vasectomy

14

operation only. In all other cases, the number of days of Special Casual
Leave will include the Sundays and intervening holidays.

For availing Special Casual Leave, it is not necessary that the male
employee himself should undergo family planning operation. In case his
wife undergoes tubectomy, leproscopy or salpingectomy operation, even
then the male employee will be entitled to a maximum of 7 days Special
Casual Leave. This facility is admissible even for the second time where
his wife has to undergo such operation for the second time due to failure
of the first operation. It has to be certified by the Medical Officer that the
wife of the government servant has undergone such operation for the
second time due to failure of the first operation. It need not to be stated
in the certificate that presence of the government servant was required to
look after his wife. Another condition to avail this facility of Special
Casual Leave is that the leave should follow the date of such operation.
This leave will be in addition to the Special Casual Leave admissible to
his wife, if she be a government servant.

A
male
government
servant,
whose
wife
undergoes
tubectomy/salpingectomy operation after Medical Termination of
Pregnancy is also entitled to Special Casual Leave maximum for 7 days.
This facility is available subject to the production of medical certificate
to the effect that his wife has undergone such operation after medical
termination of pregnancy. It need not be stated in the certificate that the
presence of the government servant was required to look after his wife.

To female government servants, the maximum quantum of Special

Casual Leave admissible for undergoing Tubectomy/laproscopy
operation is 20 days. Another 20 days Special Casual Leave can be
sanctioned to her where she has to undergo such operation for the second
time due to failure of the first operation. She will also be entitled to 14
days of Special Casual Leave if she undergoes salpingectomy operation
after Medical Termination of Pregnancy.
One day Special Casual Leave is admissible to female govt.servants for
the purpose of insertion or re-insertion of IUCD.

If the female govt.servant has to undergo re-canalisation operation, she

will be entitled to maximum 21 days of Special Casual Leave. This
number of 21 days is to be restricted by the actual days for which she
remained hospitalized for this purpose.

In case the husband of a female govt. servant undergoes vasectomy

operation, she will be entitled to one day Special Casual Leave for the
day of such operation.

15

There may be a case that a govt. servant has to undergo recanalization

operation due to the death of his/her child(ren).For this purpose, the
government has kept a provision of Special Casual Leave, subject to the
recommendations of the doctor. The quantum of leave available for this
purpose is up to 21 days or the period for which the govt. servant
remains hospitalized, whichever is less. In addition to this, the
government servants are also entitled to and from journey days as
Special Casual Leave, for undergoing this operation. The facility of
Special Casual Leave for recanalisation operation, is subject to the
following conditions:
o The recanalization operation should be performed in a hospital
/medical college/ Institute where such facility exists. Alternatively,
the operation should have been performed in a private hospital who
is duly nominated by the State Governments/Union Territories for
performing recanalisation operations;
o The attending Medical authority should certify the period for which
hospitalization of the govt. servant was essential for performing
operation and post-operation recovery.
o The government servant should either be unmarried or should not
have more than two children at the time of conduct of this operation.
However, this facility is also admissible to those government
servants who desire recanalisation for substantial reasons e.g. a
person who has lost all male children or all female children after
undergoing vasectomy/tubectomy operation.

Additional Special Casual Leave for Family Programme

You know that complications may arise as a result of operations taking place. The
government has already taken stock of such situations. That is why the government has
kept provision for the extended/additional Special Casual Leave for the government
servants undergoing such operations. Extension of Special Casual Leave/Additional
Special Casual Leave will be allowed in the following cases

Where the hospitalization of the government servants is necessitated as a

result of such operation, beyond the maximum amount of Special Casual
Leave as discussed earlier in this Sub-Section, the entire period of their
hospitalization caused due to post operation complications will be treated
as Special Casual Leave;
Where the employee concerned is not fit to resume duty after the
vasectomy operation but does not remain hospitalized and needs more
rest, additional 7 days Special Leave can be sanctioned in his favour; and

16

Where the employee has undergone tubectomy operation and is not fit to
resume duty after the expiry of normal Special Casual Leave admissible,
additional 14 days Special Casual Leave can be sanctioned to her if she
does not remain in hospital.

3) FOR POETICAL SYMPOSIA

Government servants invited by the Himachal Pradesh Academy of Arts and Culture
for attending poetical symposia, are entitled to Special Casual Leave up to a maximum
of 30 days in a year. This will include the time spent in attending the symposia and to
and fro journey time. This facility is available only in those cases where the employee
has received a formal invitation from the said Academy. This facility is not available if
the symposia are being organized at the place of posting of the government servant
beyond normal working hours. This implies that if the symposia are being organized
during office-hours, the government servant will be entitled to Special Casual Leave.
This facility is also not available if the symposia are being organized by any other
agency. The authority that is competent to sanction Casual Leave can also sanction this
Special Casual Leave .

4) FOR PARTICIPATING IN ACTIVITIES OF THE ASSOCIATIONS

Giving due regard to the additional work which has to be performed by
the office bearers of N.G.Os Federation, the government has allowed the concession of
Special Casual Leave to them. The concession is granted to enable to participate in the
executive meetings, conferences and other activities related to the Association. The
facility is admissible to the State/District Units of N.G.O.s Federation as under:

20 days in a calendar year to the State Level Office bearers of the State
N.G.O.s Federation;
10 days in a calendar year to the District Level Office bearers of the
State N.G.O.s Federation; and
5 days in a calendar year to the local delegates and local members of the
State N.G.O.s Federation.

Combination:
Special Casual leave can be taken in combination with other regular leave. It can also be
combined with casual leave. Care should be taken to see that it is not sanctioned when
combined both with casual leave and regular leave together. To make it clearer, if a
person is on casual leave, he can be sanctioned Special Casual Leave in addition,
without asking to return to duty. Similarly, when a person is on Special casual leave,
he can be granted casual leave without returning to duty. But when govt. servants are
on casual leave and are sanctioned Special Casual leave in combination, they cannot be
sanctioned any other kind of leave thereafter. Similarly, when they are on regular leave,
they can be sanctioned Special Casual Leave but cannot be sanctioned casual leave
thereafter. In simple words, you can say that govt servants can be allowed to combine
either Casual leave or regular leave with Special Casual Leave. However, they can

17

combine more than one kinds of regular leave with Special Casual Leave. Special
Casual leave, like casual leave, can also be prefixed and suffixed with Sundays and
other holidays.

Sanction:
No Performa is prescribed as an application for the grant of Special Casual Leave. It
should be applied on the plain paper. It should be supported with the necessary
documents e.g. Medical Certificate or invitation to participate in a sporting event etc. It
should be submitted to and sanctioned by the authority that is competent to sanction
Casual Leave for the person seeking the grant of Special Casual Leave.

Do Yourself-4:
Write whether the following statements are true or false:
1
Special Casual Leave is admissible to all government servants
alike casual leave.
2
Special Casual Leave can be combined with unrecognized
( regular) kinds of leave.
3. Quantum of special casual leave is different for different
purposes.
4. Special Casual leave is sanctioned by the authority competent to
sanction casual leave
5. Special Casual leave can be granted for contagious diseases.

1.4.3

COMPENSATORY LEAVE

The third and the last kind of leave from amongst the unrecognized kinds of leave is
Compensatory Leave. As per Fundamental Rule 10 of the Fundamental and
Supplementary Rules, the whole time of a government servant is at the disposal of the
government. Despite this provision in the Rules, the government has prescribed the
office hours to be from 1000 to 1700 on all the working days. Granting leave in lieu
thereof compensates government servants, who are required to attend the office before
the commencement or after the close of office hours due to certain exigencies in public
interest. This kind of compensation in terms of leave is termed as Compensatory
Leave. Similarly, Compensatory Leave is also admissible for working on Sundays
and holidays.

Entitlement:
The provisions relating to Compensatory Leave are applicable only to a part of the nongazetted staff of the State Government. These are not applicable to:

The Gazetted Government Servants;

18

Those government servant who are entitled to over-time allowance in

lieu of putting extra duty;
Field, Technical and Inspection Staff of the government. However,
Drivers are allowed Compensatory leave if deployed on duty before or
beyond office hours or on holidays etc.
Chowkidars working in government offices are required to be given
weekly offs by putting other class-IV on their duty. However, where
weekly off cannot be given, Chowkidars will be entitled to one day
Compensatory Leave in lieu thereof.

Credit
The authority that is competent to sanction Casual Leave to that category of employees
maintains the compensatory leave account. The account is to be maintained only in
respect of those employees who are entitled to the grant of Compensatory Leave.
No compensatory leave is to be granted if the employees are deployed for duty for a
period not exceeding one hour before the commencement of office hours. This credit is
also not to be given if they are deployed for duty for a period not exceeding one hour
after the close of office hours. The credit of Compensatory leave is to be afforded on the
following conditions:

If the government servants are deployed for duty officially by the

authority that is competent to sanction casual leave to them;

The extra duty is performed to dispose of certain work of emergent

nature and not to clear the pending work/arrears;

One compensatory Leave is allowed for working on a Sunday/Holiday

for full day. In cases where government servants are asked to work for
half a day on Sunday/Holiday, they will be entitled to half-a-day
Compensatory Leave. Lunch break is the dividing line for finding out
whether they have performed duty for half-a-day or for full day. In other
words, if they are asked to perform duty in the forenoon, before lunch
break, they will be entitled to half-a-day Compensatory Leave. Likewise,
if they are required to perform duty in the afternoon after lunch break,
they will be entitled to half-a-day Compensatory Leave. Two credits of
half-a-day Compensatory Leave will constitute one day Compensatory
Leave.

Compensatory leave is also earned when one performs emergent duties

before the commencement or after the close of office hours. The credit
account of such extra-duty performed, is to be maintained in hours.
However, no credit is to be given for the first hour before the
commencement and after the close of office hours. To take an example if

19

the official is asked to sit in the evening up to 1930 hours and the office
hours close at 1700 hours, he will be entitled to the credit of only 1.5
hours Compensatory Leave. This is so because no credit is to be afforded
for the extra duty performed by him from 1700 to 1800 hours. The
government servant will be entitled to one compensatory leave for each
such 6.5 hours of duty.

DO YOURSELF-5:
A government servant on a working day is detailed for duty from 0700 hours in the
morning to 1800 hours in the evening. For how many hours, the Compensatory Leave
account of the Government servant will be credited? The normal working hours in the
office are from 1000 to 1700 daily.

Sanction and Debit:

As compensatory leave is not a recognized kind of leave and is to be allowed sparingly
under emergencies, it should not be allowed to accumulate. The person, who has
earned it, must be granted the same immediately thereafter. If this is not practicable,
Compensatory Leave should be allowed at the earliest convenient time to ensure that it
does not accumulate. Compensatory Leave should not be allowed to exceed 3 days at
a time. Compensatory leave is to be applied for on a plain paper and is to be sanctioned
by the authority that is competent to sanction Casual Leave.

Combination with other kinds:

Compensatory leave can be allowed to combine with Casual Leave or with Sundays and
holidays. However, it should be ensured that total absence of an official from his duties,
does not exceed 10 days where he has been sanctioned Compensatory Leave in
combination with Casual Leave and/or Sundays and Holidays. It can also be prefixed or
suffixed to regular kinds if it was earned by performing duty on Sundays and Holidays.
But leave earned by performing extra duty on working days can not be so suffixed or
prefixed to regular leave.

Lapse:
You know that Compensatory Leave is to be allowed immediately after it has been
earned. However, if it is not found practicable to grant leave on certain occasions, the
government servants must avail the Compensatory Leave in their credit, before the 31st
December of that calendar year. In case they do not avail the same by this date, the
Compensatory leave to their credit will lapse. There is, however, one exception where
Compensatory Leave does not lapse on 31st of December. When a government servant
earns Compensatory Leave during the month of December but cannot be granted
Compensatory Leave during that December itself, such Compensatory Leave will be
allowed to be carried forward and allowed to be availed in the next calendar year. It
should be carefully noticed that this exception applies in respect of the Compensatory
Leave earned only during the month of December itself.

20

Do Yourself-6:
Strike out the wrong alternative:
1.
Compensatory Leave is admissible to all/specific categories of government
servants.
2.
Compensatory Leave is admissible to clear the arrears/to dispose of emergent
work.
3.
Compensatory Leave can generally be availed only during the calendar
month/year in which earned.
4.
A government servant on Compensatory leave is paid salary/leave salary.

1.5

INTRODUCTION TO CENTRAL CIVIL SERVICE

(LEAVE) RULES. 1972:

You have gone through the provisions relating to Casual Leave, Special Casual Leave
and Compensatory leave. All these three types of leave fall under the category of
Unrecognized Kinds of Leave. Strictly speaking, these are not leave and a person
availing such leave is treated to be on duty. Unrecognized kinds of leave are also not
subject to any rules. These are regulated under the executive instructions of the State
Government. That is why these are termed as unrecognized kinds. We have already
seen that a government servant when avails these kinds of leave, is to be paid salary for
the period of leave.
Apart from Unrecognised kinds, there are certain other kinds of leave also which are
available to the government servants. For these kinds, they are allowed leave salary
and not the salary when they are on leave of these kinds. These kinds of leave are
incorporated in a special set of rules known as Central Civil Service (Leave) Rules,
1972. When Himachal Pradesh was granted the status of a full-fledged State of the
Union of India, the State Government adopted the Leave Rules as were applicable to the
Central Government employees. It is to be clearly understood here that this was the
status of Leave Rules on the date of such adoption. Any amendments made by the
Central Government to these Rules are not applicable to the Government servants of
Himachal Pradesh unless adopted by the State Government. However, till now the State
Government has adopted all the amendments made by the Central Government to these
Rules. Therefore, these rules, as amended till date, are 100% applicable to the
employees of H.P.Government. However, the State government has made an addition
in Extra-Ordinary Leave. It has allowed its employees to seek employment elsewhere
by proceeding on EOL of 5 years. This addition to the C.C.S.(Leave)Rules has been
discussed later under Extra-Ordinary Leave.

21

Central Civil Service (Leave) Rules 1972 incorporate various kinds of leave. These
kinds of leave are grouped under two major categories i.e. Ordinary kinds of leave and
Special Kinds of Leave.
Both these categories of leave are subject to the conditions/regulations as contained in
the Rules themselves. We will discuss the various kinds of leave included under each
of these groups in the following two Sections.

ORDINARY KINDS OF LEAVE:

1.6

As stated above, there are two categories under which the various kinds of leave can be
grouped. This Section deals with the first group i.e Ordinary Kinds of Leave.
The Central Civil Service (Leave) Rules, 1972 provide for the following ordinary kinds
of leave:

Earned Leave for non-vacational staff;

Earned Leave for vacational staff.
Half Pay Leave
Commuted Leave
Leave Not due
Extra-ordinary leave

You would have observed that there are 6 kinds of leave that are grouped as Ordinary
Kinds. Factually, government servants earn during their service, only the first two
kinds of leave i.e. Earned Leave (which is different for Non-vacational staff and
vacational staff) and the Half-Pay Leave. By Non-vacational staff, we mean that the
staff that is not entitled to vacations in the vacation Departments and also the
government staff serving in Non-vacation departments. By vacational staff we mean
those government servants serving the vacation departments and are entitled to regular
vacations notified for that Department.
The next two kinds i.e. Commuted Leave and Leave Not Due can better be termed as
the branches of Half-pay Leave as these are only the converted kinds of Half-Pay
Leave. These are debited to Half-Pay Leave Account and no separate account is kept
for them. The last kind i.e. Extra-Ordinary Leave is the leave that carries no leave
salary and only an entry is made in the service records whenever a government servant
is sanctioned such leave. This is also because of the reason that government servants
do not earn this kind of leave. They are instead
granted this mainly for the
regularization of those periods of absence which otherwise cannot be regularized by the
grant of leave. We will discuss all these six kinds in the following sub-sections.

22

1.6.1

EARNED LEAVE FOR NON-VACATIONAL STAFF:

First in the series of Ordinary kinds of Leave is Earned Leave. This is a very popular
kind of leave and you must be knowing about it. This kind of leave is subject to
regulations
contained in 2nd unit of this module. This can be availed both by
temporary and permanent govt. servants. This is called Earned Leave because in the
past it had to be earned by duty. At those times, it could only be availed after it had
been earned. You would like to know as to how it was being earned by duty. For that
you will have to go to the Rules that remained prevalent till 1974. Till then, the credit of
Earned Leave was made generally @ 1 day for every 11 days of service. Whenever
government servants wanted to avail Earned Leave, their days of duty between the
periods of their previous return to duty from leave and till the date from which they
wanted to avail it afresh, had to be counted. These duty days were then used to be
divided by 11 and the resultant figure was credited to their earned leave account. You
would see that this was quite a cumbersome process and maintaining and checking of
leave accounts was not easy. But now the government has simplified the procedure for
the credit of Earned Leave. Can you think of other aspects of Earned Leave that we
must know so that we become fully acquainted with the ins and outs of Earned Leave?
It is not only the credit but also other aspects of Earned Leave that we are required to
know. You cannot think of dealing with or deciding the cases of Earned leave unless
you know fully about:

How Earned leave is Credited

What is the maximum limit for its accumulation;
How it is debited; and
What is the longest spell for which it can be granted?

Our following discussion embraces all these aspects in detail.

You should keep in mind that in the present Sub-section, we will discuss the provisions
relating to the Earned Leave for government servants serving in the Non-vacation
Departments as also to the Non-vacational staff of the Vacation departments. These
provisions do not apply in their totality, to the vacational staff of the Vacation
Departments. Provisions relating to the vacational staff have been discussed in the next
sub-section of this Unit.

METHOD OF CREDIT
As stated earlier the credit of earned leave was being made after it had been earned by
duty. However, the position has changed now. The credit of Earned Leave is being
allowed in lump sum and in advance twice during a year. For the purpose of credit of
earned leave, a calendar year is divided in two half years. The first half-year
commences from Ist of January and ends on 30th of June every year. Likewise, the 2nd

23

half-year commences from Ist of July and ends on 31st of December every year. The
provisions with regard to credit and debit of Earned Leave are identical for both the half
years. We will discuss provisions relating to one half year. You can apply those for the
2nd half-year by making necessary changes in the names of the months.
For the
purpose of credit of Earned Leave, we will divide the employees in three groups:

Employees entitled to full gross credit of earned leave;

Employees entitled to proportionate credit of earned leave-I
Employees entitled to proportionate credit of earned leave-II

Full Gross credit:

The first group consists of those employees who are in service on the commencement of
a half-year and will also remain in service till the end of that half-year. We can say that
in this group we include those employees who will render complete 6 calendar months
of service during that half year. Employees retiring on 30th June or 31st December of
any year will also fall under this category. To understand the credit of Earned Leave in
all such cases, we will take the example of first half year of the year 2002. This group
will consist of those employees who will be on the rolls on Ist January, 2002 and will
not superannuate (attain the age of retirement) before 30th June, 2001.
To such
employees, we will give gross credit of 15 days Earned leave. It has already been stated
that Earned Leave credit is now given in advance, Therefore, credit for the first halfyear of any calendar year, will be given on Ist of January itself.

Proportionate Gross Credit for retiring government servants:

If we exclude the employees who will be in service for full 6 months of the half year,
the next group will comprise of those employees who although are in service on the first
day of the half year but will retire on superannuation in-between. In their case we will
work out the complete calendar months (January, February and so on) for which they
will remain in service. Complete Calendar month means from Ist forenoon of the month
to the Afternoon of the last day of that month. Take an example of the government
servants who were in service on Ist January 2002 and will retire on 31st March
2002(AN). In their case the gross credit of Earned leave will be calculated for 3 months
because they will complete only 3 complete months of service of that half year and then
will retire. To calculate the gross credit of earned leave we simply multiply these
complete calendar months by 5/2. This figure of 5/2 has been obtained from
15/6(Proportionate credit for one month). We will not round the figure of gross credit
because gross credit is not to be rounded.

Proportionate Gross credit for new entrants:

At this stage we have excluded two categories of employees i.e. (i) employees who will
remain in service for full 6 month of a calendar half-year and (ii) the employees who
will retire in-between that half year. In the third group we will keep those employees

24

who were not in service on the first day of the half-year but who have joined govt.
service after the commencement of that half-year. This means that they are entirely new
to the govt. service. In their case also the gross credit of earned leave is to be
determined on the very first day of their service. This will be done by calculating the
number of complete calendar months for which they will be in service during remaining
months of the half-year. Lets take an example:

EXAMPLE:
A govt. servant joins service on first appointment on 1st March 2001(FN). He/She will get
the gross credit of earned leave on Ist March 2001. The quantum of gross credit will be
determined by multiplying the number of completed months of service by 5/2. So in
present case, the employee will get gross credit of 10 days i.e.
March, April, May & June = 4 complete months
Credit of Earned Leave

= 4 x 5/2 = 10 days.

You may carefully note that the month of March 2001 has been taken as full month as
the government servant had joined duty on the very first day and that too in the
Forenoon. In all other cases where the employees would have joined their duty on any
day of March 2001, including the cases of those who would have joined on Ist March
2001 in the Afternoon, the month of March would not have been counted. This is
because in that case the month of March would have been an incomplete month.
Therefore, you must keep in mind that in the case of fresh entrants to government
service, the month of entry will never be
counted unless they join the duty in the
forenoon of the first day of that month.

Do yourself-7:
Had the employee in above case joined on !st May, 2001(AN) or anytime thereafter
during May, how much leave would be credited to his/her earned leave account on the
date of joining?

Ans.:__________________________________________________________________
______________________________________________________________________
_________________________________________.

Reduction from gross credit:

By now you are able to determine the periods of gross credit of earned leave for each
employee in your office. You can now decide how much gross credit is to be afforded
to the Earned Leave account of the following categories of employees:

25

Who remain in service for the whole of a half-year;

Those who are due to retire in-between that half-year; and
Those who enter the service during that half-year.

Are you not thinking at this stage as to why the term Gross credit has been used?
The credit given by the above provisions is not complete and is subject to certain
adjustments/reductions. These adjustments/reductions are to be made only in respect of
those government servants who either have availed Extra-Ordinary Leave during the
immediately preceding half-year and/or any of their periods has been treated as dies non
during the same period. Extra Ordinary Leave is a distinct kind of leave and has been
discussed in a separate Sub-section. The periods of dies non have been discussed in
Module on Pension Rules. Extra-Ordinary Leave or the treatment of certain period of
service as Dies Non, are two events during which the government servant does not earn
Earned Leave. Do you know how this is given effect? Reducing the periods of gross
credit does this. Let us now see how the period of gross credit is reduced. For this
purpose we have to go to the leave account of the half-year which immediately precedes
the half-year for which gross credit has been determined. We presume that we have
determined on Ist of January 2002, the gross credit to be given to the earned leave
account of a particular govt. servant at 15 days for the half year Ist January 2002 - June
2002. The half-year immediately preceding this half year is July 2001 December
2001. Count the no. of days of EOL or Dies-non periods, if any during the period July
2001- December 2001. Divide your counts by 10. Do not round the figure. Reduce the
gross credit by this figure i.e. dividend obtained
Now the last outcome i.e. Gross
credit minus reduction will be the net credit of earned leave. If it contains a fraction that
is to be rounded to the nearest complete day as under:

The net credit is to be increased by one day if the fraction is equal to or

more than 0.5;
If the fraction is less than 0.5, it is to be ignored;

Let us take up an illustration to be clearer about what we have discussed above.

ILLUSTRATION:
A govt. servant availed extra-ordinary leave for 35 days from Ist October, 2001 to 4th
November, 2001. Calculate the period of net credit to be given to him on Ist January,
2002.The person will retire in February 2010.
Calculation of Net credit:
Gross credit( 1-1-2002 to 30-6-2002)
= 15 days

Periods of Ext.Ord.leave/dies non

between 1-7-2001 to 31-12-2001
= 35 days
Reduction to be made from
gross credit i.e. 1/10th of 35 days
= 3.5 days
Net credit
=11.5 or 12 days (Rounded)

26

While reducing the periods of gross credit by the 1/10th of the periods of Extra-Ordinary
Leave or that of Dies Non, one point needs attention. Rules provide that the net credit
will not be any negative figure. In other words, you can say that the figure, by which the
gross credit is to be reduced, should not be a greater figure than the period of gross
credit. However, this may work out to be a greater figure in certain cases. In that event,
you should restrict the same to be equal to the figure of gross credit. We can discuss this
through the following illustrations:

ILLUSTRATIONS:
(1) A government servant remained on Extra-Ordinary Leave from 15-1-2001 to 27-52001. Also, his period of service from 28-5-2001 to 30-6-2001 was treated as dies non. His
net credit of Earned Leave on 1-7-2001 for the half-year July-December, 2001 will be
calculated as follows.
a) Gross credit to be given on 1-7-2001 = 15.0 days
b) Reduction to be effected on a/c of:
(i) Extra Ordinary Leave
15-1-01 to 27-5-01 = 133 days
(ii ) Dies Non Period
28-5-01 to 30-6-01 = 34 days
1/10th of 167 days
=16.7 days Restricted to
= 15.0 days
c) Net credit
= NIL

(2)Continuing the above illustration, we presume that the government servant is to retire
on superannuation on 31-7-2001. In this case the period of net credit will be worked out as
under:
a) Gross Credit (only for July, 2001)
= 2.5 days
b) Reduction to be effected = 16.7 days Restricted to
=2.5 days
c)Net Credit
= NIL

In our above discussion, we have seen that the periods of EOL or that of dies non of the
preceding half-year only, are considered for reduction from the gross credit. We have to
keep in mind two other aspects at that time. If any of these two events extends beyond
that preceding half-year i.e. starts in one half-year and ends in another, we will count
only those days which fall in that half-year. You can say that our count will commence
either from Ist January or from Ist July as the case may be. Similarly, our count will
end with the end of that preceding half-year i.e. on 30th June or 31st December
according to the circumstances in each case.
Further, the government servants may retire under the provisions of rules before
attaining the age of superannuation. They may die. They can be dismissed or removed
or they may resign. Any of these contingencies can happen during the middle of a

27

calendar year. They might have taken EOL or some of their periods might have been
treated as dies non in respect of this half-year also. If this is so, that period is also to be
added to our count for the preceding half-year. The sum of the counts is then to be
divided by 10 to find out the period of reduction.

Do Yourself-8:
A government servant remained on extra-ordinary leave from 15-12-2000 to 31-1-2001.
Determine the period of net credit of earned leave to be afforded on 1-1-2001.
Ans._________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________________________________.

Accumulation:
You have seen that the unrecognized kinds of leave do generally lapse at the end of the
y ear i.e. leave credits of one year cannot be availed in the next year. But, like other
kinds of Regular Leave, credits of Earned Leave do not lapse at the end of the year.
These go on accumulating. Alternatively, you can say that its unspent balance of any
half-year is added to the new credit. But this is not unlimited. Having determined the
periods of net credit of earned leave, we will now discuss the extent to which the earned
leave goes on accumulating i.e. we remain adding the net credits to the periods of leave
which he is having in his account on the closing day of the immediately preceding half
year. We will just determine the balance of the govt. servant on the last day of
December, 2001 and add to it the net credit to be given on Ist January, 2001. We will
continue this process. One thing is to be taken care of here. If the closing balance lies
between 286 to 300 days and the net credit amounts to 15 days, the credit in the leave
account will be shown as 300 + ( ). In the bracket we will show the figure by which
the total of the two i.e. closing balance + net credit exceeds 300 days. This is due to the
fact that the government has kept the accumulation limit of earned leave at 300 days.
The figure remaining inside the bracket must be availed by him in the half year itself in
which this was created. If the government servant does not avail it by the last day of the
half year, this figure in the bracket will not be carried forward. This will lapse. Only the
figure of balance earned leave as is outside the bracket will be carried over as the
balance of that half-year. We will discuss this with the help of an illustration:

ILLUSTRATION

(i)

The closing balance of earned leave account of an employee is 200

days on 31-12-2001. He is to be given 15 days net credit of earned leave on 1-1-2002. His
balance of leave on 1-1-2002 will be 200+15=215 days.

28

You will see here that there is no need to put any figure in the bracket. This is because the
total of closing balance of previous half-year + net credit determined for the current halfyear, does not exceed 300 days.

(ii)

In the above case if the closing balance is 290 days, the balance on 1-1-2002 will be
290+15 = 300+( 5) days.

The government servant can avail these 5 days by 30-6-2002. If these are not availed,
the closing balance on 30-6-2002 will be 300 days. If fresh net credit of Earned Leave
on 1-7-2002 is determined to be 15 days, the total Earned Leave balance at the credit of
the government servant on 1-7-2002, will be 300+(15) days.

Credit of Unavailed joining time as earned leave:

Dear Learner, when a government servant is transferred from one station to another or
from one office to another, the government gives him time to join the new assignment.
This time is dependent of the distance between two stations. However, only one day
joining time is allowed when transfer is at the same station. We are not to discuss these
provisions in detail here. You should only understand that if a government servant does
not avail full joining time admissible on transfer from ONE STATION TO ANOTHER,
in public interest, the Unavailed joining time is credited as Earned leave to his/her
Earned leave account if either of the following conditions is fulfilled:
(I)
The government servant is ordered to join at the new station without availing
full joining time in public interest. The transfer orders should clearly state that the
government servant will join the new assignment without availing full joining time in
public interest. or
(II)
The family of the government servant does not accompany the government
servant when the government servant proceeds to join the new assignment. However, it
(family) must join the government servant at the new station within the maximum
permissible period i.e. within 6 months.
If any of the above two conditions are fulfilled, the Unavailed joining time is added to
the Earned Leave account of the employee to the extent it does not take total
accumulation of Earned leave beyond 300 days. Did you observe here that such
Unavailed joining time can not be kept in brackets. Further if a government servant
does not avail the joining time admissible on transfer at the same station., that is not
credited to earned leave account and instead that lapses.

29

EXAMPLE:
A government servant is having 297 days of earned leave at credit on a particular date.
He is ordered transfer to a station to which he is entitled to 10 days of joining time.
However, the transfer orders clearly stated that the government servant should join the
new assignment after availing on 3 days of joining time.
The rest of the 7 days will be credited to the earned leave account. However, since the
government servant is having 297 as balance in that account and 297+7 will go beyond 300
days, the accumulation will be restricted to 300 days. Rest 4 days will lapse.

Debit
You have so far become familiar with the provisions relating to:

The determination of net credit of Earned Leave; and

Accumulation of Earned Leave; and

Carry forward of leave from one half-year to the other.

Now we will discuss how the leave account of government servants is effected when
they avail Earned leave. This is quite simple. We may have the two type of balances
in the Earned Leave account. Can you find them yourself? These are:

Where the balance of Earned Leave does not exceed 300 days; and

Where the balance exceeds 300 days and the figure over and above 300
has been kept in the bracket.

In the first type of cases, whenever a government servant avails leave during that half
year, the balance is reduced by the number of days for which Earned Leave has been
availed. In the second type of cases, whenever the Earned Leave is availed during that
half year, the debit will first go to the figure in the bracket. If the leave availed is more
than the figure in the bracket, the main balance i.e. balance outside the bracket will be
reduced by the number of days which are in excess of the balance in the bracket.
Credit of a half year always precedes the debit. Therefore, where the leave availed by
him falls between two half years i.e. June-July or December-January, the number of
days of each half year are to be worked out separately. The number of the current half
year will be reduced from the balance on the date of proceeding of leave. But the
number of days of leave which fall during the next half year are not to be deducted.
Reduction on that account will be made only after the close of the account of current
half year and adding thereto the net credit of the next half year. This can be illustrated
with the following example.

30

EXAMPLE:
A govt. servants leave account on 20th June,2001 shows earned leave balance of 200 days.
He proceeded on leave for 30 days from 21st June. Debit in his earned leave account will be
shown as under:

Balance on the date of proceeding of leave

Leave availed (21-6 to 30-6)
Balance on 30-6(Close of half year)
Fresh credit on 1-7
Total leave at his balance on 1-7
Leave availed 1-7 to 20-7
Balance leave as on 21-7

200
10
190
15
205
20
185

Thus the debit is to be split up in two half years if the leave availed falls between two
half years i.e. it commences in one half-year and ends in another.

Do Yourself-9
A government servant is having 249 days earned leave at credit on 21-6-2001. He proceeds
on earned leave from 22-6-2001 to 15-7-2001. Neither any other leave was availed by him
during this half-year nor any period was treated as dies non How the debit will be
reflected in the earned leave account.
Ans.__________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________

Maximum single spell:

You have seen that the Earned Leave can accumulate up to 300+(15) days. Can the
government servants avail all Earned Leave at their credit in one spell? Certainly not.
The government has laid down certain restrictions upon availing of Earned Leave in one
spell. Government servants can generally be sanctioned Earned Leave maximum for a
spell of 180 days and not beyond that. Do you know in certain cases this limit can be
crossed? In case of Class I & II government servants, Earned Leave up to 240 days can
be sanctioned in one spell. However, this will be sanctioned only if they require it to be
spent outside India, Bangladesh, Bhutan, Sri Lanka, Nepal and Pakistan. They are not
required to spend the entire leave outside these countries but they must spend at least

31

that period of leave which is in excess of 180 days, outside these countries. For example
if a Class-I government servant is sanctioned 210 days of Earned Leave, he/she must
spend at least 30 days of leave outside the above named countries.
Earned Leave up to 300 days can also be sanctioned in one spell if it is required as
Leave Preparatory to Retirement. This means that the last day of leave should include
the date of retirement also, so that the government servant does not turn up to duty after
the commencement of leave.

Leave Salary:
Government servants availing Earned Leave are entitled to leave salary equal to the pay
they are drawing on the date of proceeding on Earned Leave. Pay here means the Basic
Pay and allowances attached to pay such as Personal Pay, Special Pay, Non Practicing
Allowance etc. It does not include those allowances like C.C.A., Capital Allowance,
H.R.A., Permanent Traveling Allowance etc., which are granted to government servants
under Supplementary Rules. The payment of such allowances will depend upon the
fulfillment of conditions, which are laid down for their payment.

Do Yourself-10:
A government servant is drawing basic pay of Rs.9200/- and DA at 40% of basic pay.
Determine the leave salary.
Ans:______________________________________________________________

ENCASHMENT OF EARNED LEAVE:

You have seen that if the government servants do not avail entire Earned leave at their
credit, this leave goes on accumulating. Such accumulation benefits the employees at
the time of their quittal of service/retirements etc. An employee can also get cash in lieu
of salary while availing Leave Travel Concession. Let us now see how much amount of
Earned leave can be allowed to be encashed and for what purposes.
You know that government servants are entitled to two Leave Travel Concessions
every four years Home Town and Anywhere in India. Under the scheme of Leave
Travel Concession, the government reimburses them only the amount of fair to their
destinations. Naturally, they need more money at that time to cover their incidentals. As
a welfare measure, therefore, if Earned Leave is at their credit, 10 days out of their
account have been allowed to be encashed at the time of availing Leave Travel
Concession. In all, the government servants can avail the benefit of such encashment 6
times in their entire service career. Thus, you can see that at best 60 days Earned Leave
can be allowed to be encashed during service of the government servants. The
encashment of Earned Leave for Leave Travel Concession purposes is subject to certain
restrictions and for that you should refer the relevant provisions while processing or
deciding any such case.

32

At the end of the service career of the government servants or at the time of death of the
government servants, they/their families are allowed the encashment benefit of
unutilized Earned Leave at credit of the Government servant on the day of quittal/death.
You may recall that while accumulating the Earned Leave, we had kept the
accumulation restricted up to 300 days. In certain cases, we had also kept the amount of
Earned leave in a bracket. For the purpose of encashment we are concerned with the
balance of Earned Leave in the main account only. The amount kept in bracket is not
encashed at all.
The amount to be encashed is to be worked out by applying the following formula:
Cash
Equivalent of
unutilized
Earned leave

Last Pay admissible +

Dearness allowance
admissible on that
date

No. of days of
unutilized Earned
Leave restricted to
300 or 150 days

30
Barring the case of resignations and quittal of service by the government servants, the
government servants are to be granted encashment for the entire amount of Earned
Leave up to 300 days. While allowing this encashment, it is to be ensured that the
maximum amount of leave which can be allowed to be encashed does not exceed 300
days including the Earned leave encashed for L.T.C. purposes. The orders for
encashment are to be issued suo moto by the authorities that are competent to grant
such leave
The cases where such encashment is allowed should fall in any one of the following:

Compulsory Retirement on attaining the age of superannuation.

On pre-mature retirement under Pension Rules/Fundamental

Rules/H.P.Civil Service (Pre-Mature Retirement) Rules, 1976. The premature retirement may be the voluntary retirement by the government
servants or by the government.

When a government servant is retired compulsorily as a measure of

penalty under Central Civil Service (Classification, Control and Appeal)
Rules, 1965 provided the disciplinary authority has not ordered any
reduction in pension or gratuity.

Reduced by the days allowed to be encashed for LTC

At own motion (without calling for applications)

33

When a government servant is declared permanently incapacitated for

further service and is sent on Invalid Pension.
On retirements after service extended beyond the age of superannuation.

On termination of services of government servants in accordance with

the terms and condition of appointment.

Where the government servants have been re-employed after retirement,

after termination of their service during their service on re-employment.
In their case, however, the total of Earned leave encashed i.e. during
L.T.C. + At the time of Ist retirement + encashment now to be allowed,
is to be restricted to 300 days.

Earned Leave encashment in lieu of unutilized amount of Earned leave

is restricted to 50% of the amount of Earned Leave at credit or 150 days
(including the amount of Earned Leave allowed to be encashed for LTC),
whichever is less, for those government servants who resign or quit the
service at their own.

Leave encashment of Earned leave on the above terms is also admissible to those
government servants who superannuate from service while under suspension. This may
also be allowed in case of those government servants against whom disciplinary or
criminal proceedings are pending. However, the payment of leave encashment should
be withheld wholly or partly. where in any of such cases the disciplinary authorities
feel that some money can become recoverable from the government servant after such
proceedings are finalized/concluded. If on finalization of such proceedings some
amount becomes recoverable, that will be adjusted against the amount withheld on this
account. The rest of the amount (whole of amount withheld where nothing is found to
be recovered on conclusion) will be paid to the government servant.
We have discussed the various aspects of Earned Leave as applicable to the nonvacational staff of the vacation departments as also to government servants of the nonvacation departments. We can summarize our discussion on Earned Leave to these
categories of government employees, as under:

A calendar year is divided in two Half-years i.e. (i)January-June and

(ii)July-December for accounting purposes of Earned Leave.
Government servants are entitled to 15 days of Earned leave in each
Half-year.
Earned Leave to fresh entrants and to those who will retire during the
Half-year, is to be credited at the rate of 2 days per complete month of
service to be rendered in that Half-Year.
The period of 15 days or the period as determined for new entrants or
for government servants to superannuate during the Half-year, is to be

34

reduced by 1/10th of the periods of Dies Non or E.O.L. in the

immediately preceding Half-year; The credit rounded to the nearest day,
is to be made on the first day of commencement of each Half Year.
Accumulation of Earned Leave, exceeding 300 days is to be kept in
bracket. This excess can be availed by the government servants before
the expiry of the Half-year. The bracketed Earned Leave lapses on the
last day of that Half-year.
Earned Leave availed if falls in two Half-years, is to be split up and the
debit of each Half-year will go only to the Half-year to which that
pertains.
Earned Leave can be sanctioned for a maximum period of 180 days or
240 days depending upon the purpose for which it is required as also
keeping the group of the Government servants in view.
Encashment of Earned Leave remaining at credit of government servant
is to be allowed to be encashed by the leave sanctioning authority at the
time of quittal/retirements/deaths etc.

Do yourself 11:
Match the following:
1 An unrecognized kind of leave

Earned Leave

2 Credited in advance every half- b

year

Resignations

1.6.2

1/10th is deducted from gross c

credit of earned leave

Bracketed Earned leave

4 Half amount of earned leave is d

encashed

Compensatory Leave

5 Not encashed

Periods of dies non and EOL

of immediately preceding
half-year

EARNED LEAVE FOR GOVERNMENT SERVANTS

ENTITLED TO VACATIONS:

In Sub-section 1.6.1, we have discussed the provisions of the Leave Rules applicable for
the persons serving in the non-vacation departments of the Government. You know that
there are certain departments of the government where some categories of employees
are entitled to vacations during the year. Such government servants have to proceed on
forced leave during certain periods of the year. This forced leave is necessitated because
their services are temporarily not required in the Departments where they are posted.
The best example of such a category you will find is that of Teachers posted in various
Educational Institutions. When such Institutions remain closed due to vacations to the

35

pupils, the services of Teachers are not required. Therefore, they are also sent on
vacations. This period of vacation is treated as duty. Other employees posted in those
Departments are not entitled to avail these vacations. The best example of such a
category is the ministerial staff posted in the Directorate of Education. Unlike Teachers,
they are not entitled to any vacation. You also know that on the other hand, government
servants posted in many of the departments are not entitled to vacations at all.
We have already discussed the Earned Leave provisions relating to the government
servants posted in non-vacation departments. These provisions are equally applicable to
the employees of vacation departments who are not entitled to vacations.
Do you know that the government servants posted in vacation departments were not
entitled to regular Earned leave at all till 1984. This was solely for the reason that such
government servants were entitled to vacations in lieu of Earned leave. They were,
however, entitled to Half-Pay leave on same conditions as is admissible to the
government servants serving in non-vacation departments. The government reviewed
the position and at present, Teachers, Principals, Headmasters, Librarians, Laboratory
Assistants and Watermen working in schools are also granted certain regular amount of
Earned Leave. This credit of Earned leave has been provided in lieu of the Half-Pay
leave. Half-Pay leave credit is not admissible to them.
Since no Half-Pay leave is to be credited to the Half-Pay leave account of such
government servants, they automatically become non-entitled to the grant of Commuted
Leave and Leave Not due another two kinds of ordinary leave discussed later in this
Unit. However, Half-Pay leave which was in balance in their accounts on the date of
application of this provision, can be allowed to be converted into Commuted Leave or
can be availed as Half-Pay leave.
Barring above six categories of government servants, persons entitled to vacations still
do not get any regular Earned Leave. They are entitled to Half-Pay leave as earlier.
Consequently they can also avail Commuted leave and Leave Not Due, if otherwise due
and admissible under the provisions of those kinds of leave.
Further, it is only the credit that is different for vacational and non-vacational
government servants. Rest of the provisions i.e. accumulation, maximum spell of
Earned leave and debit of Earned leave are similar to all categories of employees
vacational and non-vacational. Therefore, we will discuss only about the credit. We
have already discussed rest of the provisions.
Government servants entitled to vacations and earned leave, are entitled to two types of
credit general and proportionate. We will take up both kinds of credits of Earned leave
available to them in our succeeding discussion:

36

General Gross Credit of Earned Leave:

You are aware that for the purpose of credit of Earned Leave in Earned Leave accounts
of those government servants who are not entitled to vacations, a calendar year is
divided in two half-years January-June and July-December. While discussing days
of earned leave to be credited in their case, we grouped the employees as:

Government servants who serve for full six months;

Government servants who will retire during that half-year; and

Government servants who will enter the government service for the first
time on any day during that half-year.

For the first type of cases, we determined the gross credit at 15 days and for other two
categories we credited the Earned leave account for complete calendar months of
service @ 2.5 days for each such month. All these provisions are equally applicable to
the Teachers, Principals, Headmasters, Librarians, Laboratory Assistants and Watermen
serving in the schools. However, rate at which the earned leave is to be credited in their
account is different. The amount of Earned Leave to be credited to the first group i.e to
those government servants who will serve for full six months in their case is only 5 .
For those who will serve for a part of the half-year i.e retiring government servants and
new entrants to service, the gross credit of Earned Leave is at the rate of 10/6 per
complete calendar month of service during that half year. You can now yourself work
out the gross credit to be afforded to them.
After determining the gross credit to the government servants not entitled to vacations,
we reduced that figure by 1/10th of the amount of Extra-Ordinary leave and that of diesnon periods in the immediately preceding half-year. This is equally applicable here
also. However, the rate of deduction of gross credit is 1/30th of the periods of Extra
ordinary leave and that treated as dies-non. We have also discussed in the Earned leave
that in certain cases, this reduction is to be effected in respect of the periods of dies non
or those of EOL in respect of the preceding half-year together with those in the halfyear of dismissals, removals, compulsory retirements, deaths etc. That provision is also
to be applied in totality here. Other provisions with regard to maximum reduction from
gross credit and those relating to the rounding of net credit are also similar. We hope
you are now able to find out the gross and net credits of earned leave to these categories
of government servants.

The government has curtailed the vacations and ordered simultaneously the earned leave to be 10.
However, since the orders are not clear, we have kept the advance credit to be at 5 in each half-year. We
expect early clarification from the government regarding effect of dies non/EOL periods on earning those
10 days as also the rate of earning per month, whether that is to be credited in advance like regular earned
leave or is to be treated otherwise. We expect of you to keep a constant watch on these clarification and
update your knowledge as soon as these are issued.

37

Proportionate gross credit.

Dear Learner, in our preceding discussion, we have seen that 6 categories of
government servants serving in the schools are now entitled to Earned leave credit of 5
days in each half-year or say 10 days every year. Can you think of a situation that they
can get Earned leave up to 40 days in a year under certain circumstances?
You are aware that vacations are in lieu of Earned leave. If the government servants
entitled to vacations are not allowed to avail them, they become entitled to Earned
Leave. However, they do not get one day Earned Leave for each day of vacation under
such circumstances. Instead the numbers of days of vacations available to them during a
year are equated with 30 days of vacations. Government servants who are ordered to
remain on duty for whole or part of their vacations are allowed Earned leave
proportionate to these 30 days. Thus, government servants who are not allowed to avail
vacations even for a day during any year, become entitled to 30 days Earned leave.
Government servants who are deprived of enjoying more than 15 days of vacations in
any year are also treated not to have enjoyed any vacation and they are also entitled to
30 days of Earned leave. Those who have enjoyed more than 15 days of vacation and
have also been ordered to perform duty for a part of vacations will get proportionate
credit of Earned leave. The proportion will be worked out:
Number of days of vacations not availed
------------------------------------------------------- X 30
Number of vacations in one year
A government servant who is ordered to remain on duty for 32 days and the total
vacations available in a year are 70, will get credit of (32/70)x 30= 13.7 or 14 days of
Earned leave as a compensation for working during vacations. While affording credit
we have to keep in mind the following points:

Year for this purpose does not mean a calendar year. It constitutes of 12
months of actual duty. Date of joining of the government servants as a
vacational staff, therefore, becomes important.

Temporary government servants, who are in the first year of their

service, are not entitled to this proportionate credit of Earned leave.

Proportionate credit is available only if the government servants are ordered to remain
on duty during vacations. Superior authorities should have issued these orders.

please observe that these categories can earn earned leave up to 50 days a year. 10 as per
provisions of the rules + 10 on increase in the number of teaching days + 30 days if they
avail vacations for a period not exceeding 15 days. However, virtually, these should not
exceed 40 i.e. 30 days of earned leave at par with the non-vacational staff + 10 days in
lieu of half-pay leave. The proportionate credit, therefore, needs amendment in view of 10
days of earned leave allowed on increase in teaching days.

38

Different departments have designated different officers to issue such orders. Therefore,
while affording credit, it should always be seen that an authority that is competent to do
so issues the orders.
ACTIVITY:
Go through the Records of a District Education Office and find out who is competent to
deploy vacational staff for duty during vacations.

Government servants desirous of availing Earned leave in between a duty year will get
credit proportionate to the number of days of duty during that year. This will also be
applicable where actual period of duty in a year falls short of 365 or 366 days. It should
be clear in your minds that credit of 30 days Earned leave is for a year of duty i.e. for
365 or 366 days of duty including vacations. Therefore, we must convert the duty days
to one year i.e. if a government servant has performed duty for 278 days in a year, we
will convert that into a year by dividing it by the number of days of that year. Let us
take an illustration for this:

ILLUSTRATION:
A teacher working in a school continuously from 15-12-1998 is entitled to vacations from
1st January to 14th February and again from 16th September to 30th September every year.
During the year 2001, he was detailed for duty from 15th January to the 14th February. His
duty days from 15th December, 2000 to 14th December, 2001 were worked out to be 270
including the vacations he availed during this year. How much Earned leave is to be
credited to his Earned Leave account for the duty he performed during vacations?
1)
No. of duty days in a year
2)
No .of days in a year
3)
Proportion of duty days to year
4)
No. of days of duty during vacations
5)
Total vacations during the year
6)
Earned leave to be credited
=(270/365) X (31/60) X 30 = 11.47
or 11 days

=270
=365
= 270/365
= 31
= 60

Other features
You should also keep in mind that:

To Teachers, Headmasters, Principals, Librarians, Laboratory Assistants

and Watermen working in the schools, proportionate credit is in addition to the regular
credit of Earned leave.

Proportionate credit of Earned leave also admissible to all categories of

government servants categorized as vacational staff.

Vacation is treated as duty. It can be combined with regular leave or

casual leave but not with both.

39

Compulsory recall from vacations is treated as compulsory recall from

leave for the purpose of Supplementary Rules i.e. for the grant of
T.A./D.A. etc.
Conditions of encashment, accumulation, debit and availing of maximum
Earned leave in one spell and leave salary, as discussed in the previous
Sub-section, do equally apply equally to the Earned leave under this SubSection also. However, for the purpose of combination with Earned
leave, the total spell will include the number of days of vacations also. In
other words, the maximum spell of 180 or 240 days will mean vacations
+ Earned leave.

Do Yourself-12:
Write True or False. Use the space provided for writing your answers.
1.

Proportionate gross credit is available to all categories of vacational staff deployed

for duty during vacations.
Authorities competent to grant casual leave can deploy vacational staff for duty
during vacations.
Principal s of schools are entitled to full credit of earned leave.
Proportionate gross credit is equal to the number of days for which duty is
performed during vacations.
Proportionate gross credit is not admissible during first year of service to
temporary government servants.

2.
3.
4.
5.

Answers::
(1)______(2) ______(3)_______(4)_______(5)_______.

1.6.3

HALF PAY LEAVE

Dear learner, you are now familiar with the first of the regular Kinds of leave i.e.
Earned Leave. You know how it is credited, what is the maximum limit for its
accumulation, how it is debited and to what extent can it be sanctioned and availed in
one spell. We have also discussed as to how it differs in its application to vacational
and non-vacational staff.
In the present Section, we will discuss another kind of leave from amongst the regular
kinds, which a government servant earns during his service career. This is Half-Pay
Leave. This leave is admissible to all government servants whether vacational or nonvacational. However, this is not admissible to Teachers, Principals, Headmasters,
Librarians, Laboratory Assistants and Watermen working in the schools. This is so

40

because they have been allowed the benefit of regular credit of Earned leave as we
discussed in our preceding Sub-section.
Half-Pay leave can be availed on any grounds even when Earned Leave is due. It is not
a requirement of the Rules that this leave can be availed only on medical grounds. Did
you know about this fact?
To make ourselves well acquainted with the Half-Pay Leave, we have to discuss the
provisions regulating its Credit, Accumulation, Debit and the maximum limit for which
it can be availed in one spell. All these aspects of Half-Pay Leave have been discussed
in the succeeding paragraphs.

Credit:
You know that the government servants earn Half-Pay Leave. They can avail it only if
its account shows credit balance. We must, therefore, know how this kind of leave is
credited to its account. For this purpose, the government has prescribed more or less
similar provisions as are for Earned Leave and which we have discussed in detail in
sub-sections 1.6.1 & 1.6.2.
For the purpose of credit of Half-Pay Leave also, a
calendar year is divided in two half years. The first half year commences from Ist of
January and ends on 30th of June every year. Likewise, the 2nd half-year commences
from Ist of July and ends on 31st of December every year. Like for Earned Leave, the
provisions with regard to credit and debit of Half-Pay Leave are also identical for both
the half years. We will discuss provisions relating to one half year. You can apply the
same for the 2nd half- year by making necessary changes in the names of the months.
For the purpose of credit of Half-Pay Leave, we will again divide the employees in
three groups:

Employees entitled to full gross credit of Half-Pay leave;

Employees entitled to proportionate credit of Half-Pay leave;

Employees entitled to proportionate credit of Half-Pay leave-II;

Full Gross Credit:

Like Earned Leave, the first group here also consists of those employees who are in
service on the commencement of a half-year and will remain in service till the end of
that half-year. We can say that in this group we include those employees who will
render complete 6 calendar months of service during that half year. Employees retiring
on 30th June or 31st December of any year will also fall under this category. To
understand the credit of Half-Pay Leave in all such cases, we will take the example of
first half-year of the year 2001. This group will consist of those employees who will be
on the rolls on Ist January 2001 and will not superannuate before 30th June 2001.
To such employees, we will give gross credit of 10 days Half-Pay leave. As is in the
case of Earned Leave, credit of Half-Pay Leave is also now given in advance for one
half-year. Therefore, credit for the first half-year of any calendar year, will be given on

41

Ist of January itself. Similarly, credit for the 2nd Half-Year or any calendar year will be
given on Ist July of that year.

Proportionate Gross credit for retiring govt. servants.

If we exclude the employees who will be in service for full 6 months of the
half year, the next group will comprise of those employees who although are in service
on the first day of the half-year but will retire on superannuation in-between. In their
case we will work out the complete calendar months, as we did for Earned Leave, for
which they will remain in service. Complete Calendar month here also means from
forenoon of the Ist day of the month to the Afternoon of the last day of that month.
Take an example of the government servants who were in service on Ist January, 2001
and will retire on 31st March, 2001(AN). In their case the gross credit of Earned leave
will be calculated for 3 months because they will complete only 3 complete calendar
months of service of that half year and then will retire. To calculate the gross credit of
Half-Pay leave we simply multiply these complete calendar months by 5/3. This figure
of 5/3 has been obtained from 10/6(Proportionate credit for one month). We will not
round the figure of gross credit because gross credit is not to be rounded.

Proportionate gross credit to new entrants:

At this stage we have excluded two categories of employees i.e. (i) employees who will
remain in service for full 6 month of a calendar half-year and (ii) the employees who
will retire in-between that half year. In the third group we will keep those employees
who were not in service on the first day of the half-year but who have joined govt.
service after the commencement of that half-year. This means that they are entirely new
to the govt. service. In their case also the gross credit of Half-Pay leave is to be
determined on the very first day of their service. This will be done by calculating the
number of complete calendar months for which they will be in service during remaining
months of the half-year.
Example:
A govt. servant joins service on first appointment on 1st March, 2002(FN). He/She will
get the gross credit of Half-Pay leave on Ist March, 2002. The quantum of gross credit
will be determined by multiplying the number of completed months of service by 5/3. So
in present case, the employee will get gross credit of 6.66 days i.e.
March, April, May & June = 4 months
Credit of Half-Pay Leave = 4 x 5/3 = 6.66 days.

You may note that the month of March 2002 has been taken as full month as the
government servant had joined duty on the very first day and that too in the Forenoon.
In all other cases where the employees would have joined their duty on any day of
March, 2002, including the cases of those who would have joined on Ist March, 2002 in
the Afternoon, the month of March would not have been counted. This is because in

42

that case the month of March would have been an incomplete month. Therefore, you
must keep in mind here that in the case of fresh entrants to government service, the
month of entry will never be counted unless they join the duty in the forenoon of the
first day of that month.

REDUCTION FROM GROSS CREDIT:

By now you are able to determine the periods of gross credit of Half-Pay
Leave for each employee in your office. You can now decide how much gross credit is
to be afforded to the Half-Pay Leave account of the following categories of employees:

Who remain in service during the entire half-year;

Those who are due to retire in-between that half-year; and
Those who enter the service during that half-year.

Here again we have used the term Gross credit. The credit given by the
above provisions is not complete and is subject to certain adjustments/reductions. These
adjustments/reductions are to be made only in respect of those government servants
whose period of duty during the immediately preceding half-year, might have been
treated as Dies-non. You know that in the case of Earned Leave, we reduced the gross
credit by 1/10th of the periods of Dies Non and/or Extra-Ordinary Leave during the
immediately preceding half-year. But in the case of Half Pay Leave, we will count only
the periods treated as dies non during the immediately preceding half year and reduce
the periods of gross credit by 1/18th of such periods. Extra-Ordinary Leave has no effect
on the earning of Half-Pay Leave. We presume that we have determined on Ist of July
2002, the gross credit to be given to the Half-Pay leave account of a particular govt.
servant at 10 days for the half year Ist July 2002 31st December 2002. The half-year
immediately preceding this half year is January 2002 June. 2002. We will count the
no. of days of Dies non periods, if any during the period January 2002 June. 2002..
We will then divide the counts by 18. We will not yet round the figure obtained by us.
This is to be reduced from the periods of gross credit that we have determined. Now the
last outcome i.e. Gross credit minus reduction will be the net credit of Half Pay leave. If
it contains a fraction, that is to be rounded to the nearest complete day as under:

The net credit is to be increased by one day if the fraction is equal to or

more than 0.5;
If the fraction is less than 0.5, it is to be ignored;

However, while reducing the periods of gross credit by 1/18th of the periods of
Non, Some points need attention. These are:

Dies

Rules provide that the net credit will not be any negative figure.. In other
words, you can say that the figure, by which the gross credit is to be
reduced, should not be a greater figure than the period of gross credit.
However, this may work out to be a greater figure in certain cases. In

43

that event, you should restrict the same to be equal to the figure of gross
credit. We can discuss this through the following illustrations:

ILLUSTRATIONS:
(a) A government servant remained on Extra-Ordinary Leave from 15-1-2001 to 27-52001. Also, his period of service from 28-3-2001 to 30-6-2001 was treated as dies non. His
net credit of Half Pay Leave on 1-7-2001 for the half-year July-December, 2001 will be
calculated as under:

Gross credit to be given on 1-7-01

= 10 days

Reduction to be effected on a/c of

Dies Non Period 28-3-01 to 30-6-01
=95/18=5.3 days

Period of Net credit

= 4.7 or 5 days

(b) Continuing the above illustration, we presume that the government servant is to retire
on superannuation on 31-7-2001. In this case the period of net credit will be worked out as
under:

Gross Credit (only for July, 2001)

= 1.6 days

Reduction to be effected = 5.3 days

= 1.6 days (Restricted)

Net Credit
= NIL

we have seen that the periods of dies non of the preceding half-year
only, are considered for reduction from the gross credit. We have to keep
in minds two other aspects at that time. If any of these two events(dies
non or EOL) extends beyond that preceding half-year i.e. starts in one
half-year and ends in another, like for Earned Leave, we will count only
those days which fall in that half-year. You can say that our count will
commence either from Ist January or from Ist July as the case may be.
Similarly, our count will end with the end of that preceding half-year i.e.
on 30th June or 31st December according to the circumstances in each
case.

Extra ordinary leave does not affect credit of Half Pay Leave.

44

ILLUSTRATION
The period of service of a government servant from 1-5-2001 to 31-7-2001 was treated
as dies non. Work out the number of days to be reduced from gross credit of half-pay
leave on 1-1-2001.
Total period treated as dies non during the half year= 61 days
Therefore, gross credit is to be reduced by = 61x1/18= 3.4 days

Further, the government servants may retire before attaining the age of
superannuation. They may die. They can be dismissed or removed or
they may resign. Any of these contingencies can happen during the
middle of a calendar half-year. They might have taken EOL or some of
their periods might have been treated as dies non in respect of this halfyear also. If this is so, the procedure here is also not different from that
for Earned Leave. We will count these periods also and add these to our
count for the preceding half-year. Thereafter, we will divide the sum
by 18 to find out the period of reduction.

Accumulation:
You know that Earned Leave can at best accumulate unto 300+(15) days. However,
there is no such restriction of maximum accumulation in respect of Half-Pay Leave. A
government servant may remain earning Half-Pay Leave and that goes on accumulating
without any limit as to its maxim

Maximum single spell:

Do you remember that Earned Leave generally cannot be sanctioned and availed for
more than 180 days in one spell? At this stage, also try to recollect as to whom and on
what condition it can be sanctioned in excess of this limit. These provision of rules are
the restricting provisions under which Earned Leave cannot be sanctioned beyond
above limits. Do you know about any such restriction in case of the Half-Pay Leave?
Half-Pay Leave does not have any such restrictions. Therefore, a government servant
can avail, if sanctioned, the entire Half-Pay Leave in his account in one spell. However,
there is a general condition in the Leave Rules under which any government servant
cannot be sanctioned leave beyond 5 years in any one spell. We will discuss in detail
about this condition and other general conditions upon which different kinds of leave
are dependant, in the next Unit of Leave Rules. This condition is applicable to the HalfPay Leave also. Therefore, not only while processing the cases of Half-Pay Leave or
while sanctioning it but also while considering the grant of all kinds of leave, this
condition should always be kept in mind.

period from 1-5-2001 to 30-6-2001 will not affect the gross credit on 1-1-2002. Please observe that this
period would have affected the credit on 1-7-2001.

45

Half-pay leave to temporary government servants:

Dear Learner, you are aware that the appointment status of the government servant has
the following three categories:
1.
2.
3.

Permanent Government servants;

Quasi-Permanent Government servants; and
Temporary Government servants.

We have not so far made any distinction between any of these categories while
discussing the grant of leave to them. That comes now. Grant of half-pay leave to
temporary government servants is subject to one additional condition. In their cases,
Half-Pay leave is to be sanctioned only and only if the Leave Sanctioning Authority is
satisfied that the temporary government servants in whose favour the leave is to
sanctioned, will be returning to duty after the expiry of this leave. If the Leave
Sanctioning Authority is satisfied of the circumstances that the temporary government
servants will not be able to resume duty after the expiry of Half-Pay leave, it is not to be
sanctioned. You must, therefore, ensure while processing the cases or sanctioning of
Half-Pay Leave that the posts against which the appointment of temporary government
servants have been made, are likely to continue till their return to duty after the expiry
of Half-Pay leave. As an exception, this condition is not be enforced to a temporary
government servant who has been declared by the medical authority to be permanently
unfit for government service.

Leave Salary:
You are already able to calculate the amounts payable as Leave Salary when a
government servant happens to be on Earned Leave. Do you know how the Leave
Salary of a person who is on Half-Pay Leave, is to be calculated? Just work out 50% the
Leave Salary payable on Earned Leave. The resultant figure is the Leave Salary payable
for Half-Pay leave. You can say Leave Salary payable for Half-Pay leave is just half of
the Leave salary payable for Earned Leave. Is it not so easy to calculate it?
The constituents of Leave Salary in case of Half-Pay leave are again the same as are in
the case of Earned Leave. Allowances payable under Supplementary Rules do not fall in
the definition of Leave Salary. Therefore, if these are payable during leave, these will
not be divided by 2. The rate of payment will be equal to 100 percent of what was being
paid to the government servants at the time of commencement of leave.

Encashment
You know that Earned Leave remaining unavailed by the government servants is
allowed to be encashed under certain conditions at the time of their quitting service by
retirement/resignation, death etc. Likewise, the Half-Pay leave that is in the balance of

46

the Half-Pay leave account of government servants is also allowed to be encashed in the
following cases
(i)
(ii)
(iii)
(iv)

On retirement after attaining the age of superannuation

On premature/voluntary retirements under Fundamental Rules/Pension
Rules.
In case of death of a government servant.
To permanent/quasi-permanent government servants who are retired on
invalidation.

You have seen that there is no bar as to the remaining service while encashment of
Earned leave is allowed. In other words, encashment of Earned leave is to be allowed
even to a person retiring on superannuation. However, half-pay leave encashment is to
be restricted here. Days of Earned Leave encashed(including that encashed for LTC) +
days of Half-Pay leave encashed + Date of retirement (other than superannuation
retirement) should not go beyond the normal date of superannuation. This condition is
not applicable in case of superannuation retirements and Half-Pay leave can be allowed
to be encashed though it will take them beyond the date of superannuation. Further,
while calculating the leave salary payable for Half-Pay leave encashment, D.A. is to be
added only for such number of days as fall short of 300 days of Encashment of Earned
Leave. Say if a government servant has been allowed earned leave encashment for 260
days, the D.A. will be paid for the encashment of 40 days of Half-Pay Leave only.
While allowing encashment of Earned leave, no deduction on any account was effected
from the amount of leave encashed. However, from the amount of Half-Pay leave
encashment, we are to deduct the following components:

Pension/Family Pension for the corresponding period; Enhanced portion

of family pension is to be ignored and only ordinary portion is to be
taken into account.

Relief on Pension/Family Pension for the corresponding period; and

Pension equivalent of gratuity/Death Gratuity to be calculated as under:

Retirement/Death gratuity divided by (12 x Commutation factor)
Only the amount remaining after deducting the above components from the amount of
half-pay leave encashment is to be paid. If the amount of deduction is more than the
amount of encashment, nothing is to be paid on this account

47

DO YOURSLF-13
Write whether the following statements are true or false
1
2.
3.
4.
5.

Leave salary for half-pay leave is just equal to 50% of leave

salary payable on Earned leave.
Compensatory allowances payable on half-pay leave are paid at
full rates as were being paid prior to proceeding on such leave,
subject to certain conditions.
Half-Pay leave is admissible to all employees in vacation and
non-vacation departments.
A government servant continues to earn half-pay leave when on
extra-ordinary leave.
Half-pay leave is not encashed

COMMUTED LEAVE:

1.6.4

We have seen during our discussions on Earned Leave and Half-Pay leave that these are
the only regular/recognized kinds of leave that are earned by a government servants. It
is as a result of this fact that we maintain credit account of these two kinds of leave.
You may also remember that although Commuted Leave and Leave Not Due are
another two distinct kinds of leave under the Central Civil Service (Leave) Rules, 1972,
yet factually these are two branches of Half Pay Leave as these are also debited to Half
Pay Leave account.
In the present sub-section, we will discuss various aspects of Commuted Leave which
include:

Commuted Leave on Medical Certificate;

Commuted leave for other than on Medical Certificate;

Maximum single spell for its grant; and

Leave Salary payable during Commuted Leave.

Commuted leave on medical certificate:

As stated above, commuted leave is a branch of Half-Pay leave. When government
servants request for the grant of this leave, double the amount of leave availed by them
is debited to the Half-Pay leave account. Commuted Leave is generally granted against
the production of Medical Certificate of self-illness of the government servants.

48

Commuted leave other than on medical certificate:

We have seen above that Commuted leave can be granted only on the production of
Medical certificate. There are certain exceptions to this general rule. Commuted leave
for the following purposes is admissible even without the production of Medical
certificate:
(i)

Commuted leave is also admissible for approved courses of higher studies

certified to be in the public interest. The maximum limit for the grant of
Commuted Leave for higher studies is 90 days (equal to 180 days HalfPay Leave).

(ii)

Commuted Leave can also be sanctioned without the production of

Medical certificate yet in another one case. Female government servants
are entitled for the grant of Maternity Leave. In continuation of this
maternity Leave they can take another one year leave which is debited to
their leave account. We will discuss this in detail in the next section. In
this extended tenure of one-year leave, if the female government servant
wants to avail commuted leave up to 60 days (equal to 120 days HalfPay leave), she is not required to produce the Medical certificate. This
exception of one year-leave is also applicable to an adoptive mother
subject to certain conditions. We will discuss those while we take up
maternity leave.

Return to duty from leave:

It is an important condition for the grant of Commuted Leave that the government
servants will be returning to duty after its expiry. Can you think what will happen if the
government servants do not return to duty after availing Half Pay Leave? There are
different circumstances under which it may happen. They may resign or retire
voluntarily without returning to duty. The government may retire them while on leave.
Since while on Commuted Leave, they will generally be on leave on Medical
certificate, they maybe declared permanently incapacitated for further service or even
they may die while on this kind of leave. In the cases of resignations or voluntary
retirements or retirements by the government, the entire period of Commuted Leave
shall automatically be treated to have been converted into Half-Pay leave. When this is
done, the balance of leave salary i.e. Leave salary payable for Commuted Leave and the
Leave salary payable for half-pay leave, shall be recovered from them. However, no
such recovery is to be made where the government servants are not able to resume duty
after the expiry of leave owing to their permanent incapacitation for service or due to
their death.
Since it is a pre-condition to rejoin duty after the grant of Commuted leave, this leave
cannot be granted as Leave Preparatory to Retirement.

leave up to and including the day of retirement.

49

Maximum single spell:

You have seen that the Commuted leave is debited to the Half-Pay leave account. You
also remember that the entire Half-Pay leave at the credit of the government servant can
be availed in one spell. This is, however, subject to the general condition that leave
beyond five years is not admissible to any government servant in any one spell. Can
you now find out the maximum limit for which Commuted leave can be sanctioned in
one spell? You may observe now that since there is no limit to the availing of Half-Pay
leave, there is also no limit to the availing of Commuted leave in one spell. However,
this is again subject to the general condition as discussed above. One point needs
attention here. Since double of the amount of Half-Pay leave is to be debited when
Commuted leave is availed by the government servants, only of the amount of HalfPay leave at their credit, can be sanctioned as Commuted leave e.g. if the Half-Pay
leave account of an employee shows credit balance of 440 days, only 220 days of
Commuted leave can be sanctioned. If 220days are availed by the government servant,
entire 440 days of Half-Pay leave will be consumed.

Leave Salary:
Government servants during Commuted leave are entitled for the payment of leave
salary equal to the leave salary as on Earned leave. The definition of leave salary also
remains the same.
You may observe the following points from the above discussion :

Commuted Leave is granted generally on Medical certificate;

It can be granted without the production of medical certificate for higher

studies certified to be in the public interest. It can also be granted up to
60 days without the production of medical certificate in continuation of
maternity leave or to adoptive mothers subject to certain conditions.
Double the amount of Commuted Leave is debited to the Half-Pay Leave
account;
It is a pre-condition that the government servant will return to duty after
the expiry of Commuted Leave. If he does not return, this leave will be
treated as Half-Pay Leave and the difference of leave salary between
both of these kinds will be recovered. This recovery will not be made in
cases of permanent incapacitation or deaths.
As the government servant will not be able to return to duty after its
expiry, Commuted leave cannot be granted as Leave Preparatory to
Retirement.

please see Maternity leave under Special kinds of leave.

50

Do Yourself-14:
Strike out the odd one from the given alternatives given in italics.
1.
2.
3.
4.
5.

Commuted leave has/does not have credit account.

Commuted leave carries full/half leave salary
Commuted leave can be/cannot be granted without medical certificate for
prosecuting higher scientific and technical studies.
Double/half the amount of commuted leave is debited to half-pay leave account.
Commuted leave can/cannot be granted as Leave Preparatory to Retirement.

1.6.5

LEAVE NOT DUE:

Dear Learner, by now you are aware of different provisions relating to the grant and
admissibility of the following kinds of regular leave:

Earned Leave for Non Vacational Staff ;

Earned Leave for Vacational Staff;

Half-Pay Leave; and

Commuted Leave

In the present section we are taking up another kind of leave out of the ordinary kinds Leave Not Due. As the name implies, this kind of leave is granted though it is not due.
We have already discussed in Section 1.4 that Commuted Leave and Leave Not Due are
not factually independent kinds of leave. These are the branches of Half-Pay Leave and
are debited to the Half-Pay leave account. Leave Not Due is granted and availed in
advance of earning of leave in the account to which it is debited Half-Pay leave. So
this kind of leave can never be sanctioned as Leave Preparatory to Retirement. Do you
know why the government has kept a provision for the grant of Leave not Due?
You know that the human body is prone to various ailments and the government
servants are also human beings. In certain cases, the ailment may be so prolonged as
may render a government servant unable to resume duties for long periods. To cover
such contingencies, the government has kept the provision of this kind of leave so that
the period of absence during illness of the government servant is regularized by the
grant of leave. This also mitigates their financial hardships to some extent. How?
You will see later in this Section that this kind of leave also carries some leave salary.
The miseries of the ailing government servants aggravate had they been forced to be on
leave without pay i.e. Extra-Ordinary leave. The government has, therefore, kept the
provision that under certain circumstances Half-Pay leave can be sanctioned in advance
of earning. Grant of this kind of leave, therefore, pre-supposes that there is no Half-Pay
leave at credit of the government servant on the day of commencement of leave. It

51

should carefully be noted that the condition of non-existence is only in respect of HalfPay leave. Leave Not Due can be sanctioned even when other kinds of leave are due
and admissible to the government servants but they specifically request for the grant of
this kind of leave. You should note carefully that Leave Not Due is actually the HalfPay leave granted in advance of earning yet it cannot be allowed to be commuted.
Therefore, it cannot be sanctioned as Commuted Leave.
Having understood the nature and admissibility, we will now take up other conditions
and aspects of Leave Not Due.

Maximum single spell:

Grant of Leave Not Due is limited. In the entire service of government servants, this
leave can be granted up to 360 days. They can avail it either in one spell or in different
spells. You have seen in our earlier discussion in this sub-section that Leave Not Due is
the advance sanction of Half-Pay leave. Therefore, ultimately this is to be debited to his
earnings of leave in that account. This necessitates another restriction for the grant of
this leave. It cannot be granted for more days than the government servants will earn
Half-Pay leave in their remaining service. Let us take the following illustration to
understand these two conditions regarding the grant of Leave Not Due:

ILLUSTRATION:
A permanent government servant is to retire on 31-12-2025. On 31-1-2001, he applies for
the grant of 450 days of Leave Not Due on medical grounds. No Half-Pay leave is due at
his credit on 31-1-2001. Determine the no. of days for which Leave Not due can be
sanctioned in his favour.

ANS:
Remaining Service in Half years
= 49
Half-Pay leave to be earned in remaining service = 49x10=490 days.
Period for which Leave Not Due can be sanctioned = Half Pay leave to be earned in
remaining service or 360 days, whichever is less = 360 days.

DO YOURSELF-15:
In the above illustration, the government servant is to retire on 31-12-2010 instead of 3112-2025. Other facts remain the same. Determine the maximum period for which Leave
Not Due can be sanctioned in favour of the government servant.

Admissibility:
To Permanent Government servants:
We know that the appointment of government servants carries three types Permanent,
Quasi Permanent and Temporary. Leave Not Due is generally admissible to the

52

government servants holding their posts either in permanent capacity or in quasipermanent capacity. They can be sanctioned Leave Not Due on medical certificate,
irrespective of the type of illness if the Leave Sanctioning authority is reasonably
satisfied that they will be returning to duty after the expiry of leave. You know that any
kind of leave or total spell of leave, besides specific conditions attached to that kind, is
subject to the general condition that leave cannot be sanctioned beyond 5 years to any
government servant. This general condition applies here also.
To Temporary Government Servants
Leave not Due on same terms and conditions as are applicable to permanent and quasipermanent government servants, can also be granted to Temporary government
servants, if they fulfill the following conditions:

They have completed one year of service; and

The temporary post that they are holding should last till their return to
duty.

Leave sanctioning authority has reasons to believe that the government

servant will be returning to duty after the expiry of leave.

They are suffering from T.B., Leprosy, mental Illness or Cancer and are
undergoing treatment for:
o
o

o
o

Pulmonary tuberculosis or pleurisy of tubercular origin, in a

recognized sanitarium.
Pulmonary tuberculosis or pleurisy of tubercular origin, at his
residence under a tuberculosis specialist recognized by the State
government for the treatment of such disease. The specialist should
also certify that there are reasonable chances of recovery on the
expiry of the leave recommended.
Tuberculosis of any other part of the body, by a qualified
tuberculosis specialist or a Civil Surgeon or Staff Surgeon; or
Leprosy, in a recognized leprosy Institution or by a Civil Surgeon
or Staff Surgeon or a specialist in leprosy hospital recognized as
such by the Health Department of the State government ;
o
Cancer or for mental illness, in an institution recognized for
the treatment of such disease or by a Civil Surgeon or Staff
Surgeon or a specialist in such diseases.

Admissibility other than on Medical Certificate

So far we have discussed the admissibility of Leave Not Due only on the production of
medical certificate. Leave Rules also provide for the grant of Maternity leave to female
government servants as a special kind of leave. We will take up the details of this

53

special kind in our next section of this Unit. Here we will discuss the provisions of
maternity leave that are relevant to the grant of Leave Not Due.
In continuation of Maternity leave, female government servants are entitled to take one
year leave of the kind due and admissible from amongst the ordinary kinds. They can,
therefore, be granted Leave Not Due even up to one year without the production of
medical certificate if this kind of leave is admissible to them i.e. they are a permanent or
a quasi permanent government servant. Can you bring out why Leave Not Due without
medical certificate cannot be granted to temporary female government servants. This is
because Leave Not Due is admissible to temporary government servants only for the
treatment of T.B., Leprosy, Mental Illness and Cancer which require the production of
specific medical certificate. Since in continuation of maternity leave, they will not be
fulfilling this condition, they cannot be granted Leave Not Due without the production
of medical certificate.
Provision of maternity leave also provides that the leave up to one year of the kind due
and admissible can also be granted to in continuation of maternity leave, to adoptive
mothers. Therefore, adoptive mothers can also be sanctioned Leave Not Due without
production of medical certificate if this kind of leave is due and admissible to them.
We will be taking up detailed provisions of maternity leave in the next section of this
Unit.

Leave salary:
We know that Leave Not Due cannot be allowed as a Commuted leave. We also know
that it is debited to the Half-Pay leave account. Therefore, leave salary for Leave Not
Due is equal to the leave salary for Half-Pay Leave.

Effects of non-earning of half-pay leave:

You have seen that Leave Not Due is nothing else but the grant of Half-Pay leave in
advance of earning. Therefore, government servants who are granted Leave Not Due
must earn equal amount of Half-Pay leave in their subsequent service to set off the
leave granted to them in advance. There may be circumstances where the government
servants will not be able to earn Half-Pay leave at all or they may not earn Half-Pay
leave equal to the number of days of Leave Not Due availed by them. Can you think of
such circumstances? They are:

Resignation;
Voluntary Retirement;
Retirement as a measure of penalty;
Pre-mature retirement by the government;
Permanent incapacitation for further service; and
Death.

54

We will now discuss effects of Leave Not Due under different circumstances when it is
either not earned or if earned, is not equal to the number of days of Leave Not Due.

When a government servant who has been granted Leave Not Due,
resigns or seeks voluntary retirement without returning to duty from
leave, it is to be presumed that Leave Not Due was never sanctioned in
favour of that government servant. As a result of this the resignation or
voluntary retirement will become effective from the date of
commencement of Leave Not Due. Any leave salary paid on this account
will also become recoverable. This will also apply to those government
servants who are retired compulsorily as a measure of penalty under
Central Civil Service (Classification, Control and Appeal) Rules.
When a government servant who has been granted Leave Not Due,
resigns or seeks voluntary retirement after returning to duty but before
earning Half-Pay leave equal to the number of days of Leave Not Due
granted, leave salary equal to the number of days which have not been
earned, becomes recoverable from such a government servant. This will
also apply to those government servants who are retired compulsorily as
a measure of penalty under Central Civil Service (Classification, Control
and Appeal) Rules.
If a government servant becomes permanently incapacitated for further
service or dies or is retired prematurely by the government under the
Fundamental Rules or the Pension Rules, on attaining requisite age or
after completion of minimum requisite qualifying service, no recovery
on account of Leave Not Due is to be made. This will apply irrespective
of the fact whether the government servant returned to duty or not. We
will discuss in detail these provisions of pre-mature/voluntary
retirements in a separate module titled as Module on Pension Rules.
To have a clearer concept of the effects of above events on Leave Not
Due, we will take up some illustrations:

ILLUSTRATIONS:
(1) A government servant is granted Leave Not Due on Medical certificate for 240 days
commencing from 1-11-2001. The government servant is allowed to seek voluntary
retirement from Ist April. 2002. What happens to the Leave Not Due?
Ans. Since the government servant has been allowed to retire while on Leave Not Due and
without returning to duty, the retirement will come into effect from the date of
commencement of Leave Not Due. Therefore, the government servant will be deemed to
have retired from 1-11-2001 instead of 1-4-2002. The leave salary paid for the period of 111-2001 to 31-3-2002 will be recovered.

55

(2) The government servant in illustration (1) above, returns to duty after the expiry of
leave but resigns w.e.f. 1-10-2003. Determine the effect of Leave Not Due.
ANS:
(a)
Leave Not Due availed from 1-11-2001 = 240
(b)
Less credit of Half-Pay leave on:
I) 1-1-2002
= 10 Balance
230
ii) 1-7-2002
= 10 Balance
220
iii) 1-1-2003
= 10 Balance
210
iv) 1-7-2003
=3x5/3=5 Balance
205
The Government servant has to refund leave salary for 205 days.

DO YOURSELF-16:
(a)A government servant who was on Leave Not Due for 100 days w.e.f. 26-12-2001 on
medical certificate, dies on 31-1-2002 without returning to duty. How is the period of
Leave Not Due to be treated in this case?

(b) If instead of the death of the government servant, he would have been retired as
a measure of penalty under C.C.S.(C.C.A.)Rules, 1965 w.e.f. 31-1-2002, would
your answer have been different?

1.6.6

EXTRA-ORDINARY LEAVE:

Dear Learner, we are now in the last leg of our present Section of this Unit on Leave
Rules. You have already become familiar with different ordinary kinds of leave. The
present sub-section brings to you the last kind of leave from amongst the ordinary kinds
Extra-Ordinary Leave. This kind of leave is popularly known by many of us as Leave
Without Pay. This is again a regular kind of leave under the Central Civil
Service(Leave) Rules, 1972.

When granted?
Extra-Ordinary Leave is granted to government servants when:

Other kinds of leave are not due and admissible; or

Other kinds may be due and admissible, but the government servant
specifically requests for the grant of this kind of leave.

It must be clear in your minds that Extra Ordinary leave can be granted on the request
of the government servant even when other kinds of leave are available to him. In our

56

Unit II of this module on Leave Rules, we will discuss about another general
condition. It says that the Leave Sanctioning authorities cannot change the title of leave
applied for by the government servants. Since extra-Ordinary Leave is also one of the
regular kinds of leave, it cannot be converted to any other kind by the Leave
Sanctioning authority on their own.

When not granted:

There is a provision in the C.C.S.(Pension)Rules, 1972 that government servants can
seek voluntary retirement after certain length of service specified in those rules.
Fundamental Rules also contain a provision for voluntary retirement by the government
servants on attaining certain age specified under the Rules. H.P. Civil Service(Premature Retirement)Rules, 1976 also provide for voluntary retirements by the
government servants. One provision is common in all these rules on voluntary
retirements. The government servants who want to seek retirement before they attain
the age of superannuation, are required to give three months notice to the government of
their intention. During the period of such notice, they can apply for and be granted leave
of the kind due and admissible. However, Leave Rules specifically exclude the grant of
Extra-Ordinary leave during such notice period. Therefore, this kind of leave cannot and
should not be sanctioned concurrent with the period of notice for voluntary retirement.

Maximum limit:
To Permanent and Quasi-Permanent government servants
You may recollect the general condition that leave beyond 5 years cannot normally be
granted to the government servants. Subject to this general condition, Extra-Ordinary
Leave of any duration can be sanctioned to the permanent and quasi-permanent
government servants.
To Temporary Government Servants:
Temporary government servants do not enjoy the privilege of Extra-Ordinary leave of
any duration up to five years. In their case, the grant of this kind of leave is restricted
and is dependent upon their length of service as also on the purpose for which it is
required. We will discuss later about specific provisions made by the government of
Himachal Pradesh regarding grant of Extra-Ordinary Leave for a specific purpose. That
provision does not differentiate between the employees on the basis of their
appointment status and is equally applicable to all of them. Barring that provision,
Temporary government servants can be sanctioned Extra-Ordinary leave up to a
maximum limit of:
a. three months without linking it to the length of service. This leave is
admissible with or without the production of medical certificate. You
should note that the leave sanctioning authorities are competent to
sanction Extra-Ordinary leave up to three months for any purpose to all
categories of temporary employees. This leave is admissible even

57

immediately after the entry of the government servant to government

service.
b. when the temporary government servants complete one year of service,
they become entitled to Extra-Ordinary leave for 6 months. However,
this admissibility is only for the purpose of self-illness of common
nature and they are required to produce medical certificate. While
counting the completion of one-year service, three months Extraordinary leave which we have discussed in (a) above, will also count.
c. Temporary government servants who are suffering from any of the four
major ailments T.B., Leprosy, Cancer or Mental Illness can be
sanctioned Extra-Ordinary leave for 18 months, if they have completed
one year of service. For the grant of leave under this provision, the
government servants must be undergoing treatment for:
Pulmonary tuberculosis or pleurisy of tubercular origin, in a
recognised sanitarium.
Pulmonary tuberculosis or pleurisy of tubercular origin, at his
residence under a tuberculosis specialist recognised by the
State government for the treatment of such disease. The
specialist should also certify that there are reasonable chances
of recovery on the expiry of the leave recommended.
Tuberculosis of any other part of the body, by a qualified
tuberculosis specialist or a Civil Surgeon or Staff Surgeon; or
Leprosy, in a recognised leprosy Institution or by a Civil
Surgeon or Staff Surgeon or a specialist in leprosy hospital
recognised as such by the Health Department of the State
government;
Cancer or for mental illness, in an institution recognised for
the treatment of such disease or by a Civil Surgeon or Staff
Surgeon or a specialist in such diseases.
d.

Government servants who have completed 3 years of service, can be

sanctioned Extra-Ordinary leave up to 24 months for the purpose of
prosecution of higher studies. The sanctioning authority must certify that
the higher study for which such leave is sanctioned, is in the public
interest. While counting the length of service, any leave of the kind due
and admissible, granted to the government servants also counts. Extra-

58

ordinary leave of 3 months as discussed in (a) above, will also count, as

this is one of the kinds of leave due and admissible. The limit or
conditions prescribed for the grant of this leave can be relaxed. However,
where such leave is sanctioned in relaxation of the provisions, the
government servant in whose favour the leave has been sanctioned, is
required to execute a bond on the prescribed form [Form No.6 of C.C.S
(Leave) Rules, 1972]. This form provides for an undertaking to refund the
expenses incurred by the government plus the expenditure incurred by any
other agency during such leave, together with interest, if the Government
servant does not return to duty after the expiry of leave. This amount is
also payable if the government servant quits the service within 3 years
from the date of his return to duty. Thus, where leave was sanctioned by
relaxing the provisions of rules and the government servant does not return
to duty or quits service within 3 years of his return to duty after the expiry
of leave, he is required to refund to the government:
o
o
o

Expenses incurred by the government during the leave period of

the government servant; plus
Expenses incurred by any other agency on the government servant
during such leave; plus
Interest on the expenses incurred by the government and any other
agency.

Form No.3 is in the nature of a bond. The execution of bond by the

government servant is required to be supported with two sureties. These
sureties must be of equal or higher status as compared to the government
servant.
e

here is a special provision of Extra-Ordinary leave to Scheduled Castes and

Schedule Tribe government servants. If the government servants belonging
to these categories require this kind of leave to attend Pre-Examination
Training Course, they can be granted Extra-Ordinary leave for full
duration of such course irrespective of their length of service. However,
the government should have approved the center for such a course, where
they want to undergo this training programme.

In case of temporary employees, if two spells of Extra-Ordinary leave are

intervened by other kinds of leave, maximum limit prescribed, will
apply taking both the spells together. In other words, leave other than
extra-ordinary leave will be deducted from the total spell of leave availed
by the government servants and the limits prescribed for maximum grant
of Extra-Ordinary leave applied thereafter. Counting the entire ExtraOrdinary leave together.

59

Extra-ordinary leave for employment elsewhere:

The government of Himachal Pradesh has introduced a special scheme of ExtraOrdinary Leave to its employees. This scheme envisages attracting the government
servants to seek employment in private sector or to engage themselves in other
occupations etc. The scheme is applicable to all the employees of the state government.
Main features of the scheme are as under:

Serving government servants will be allowed 5 years Extra-Ordinary

Leave for securing employment in the private sector or for any other
purpose. It is a pre-condition that the employees should not have any
official dealings with the prospective employer in cases where they want
to avail the benefit of the scheme for employment in private sector.

Extra-Ordinary leave for 5 years can be granted to them either in one

spell or on year to year basis. This provision has been kept to provide the
employees with ample time to settle down in his private employment or
other occupations etc. At the same time it takes care of the fact that
different employees will require different time for settlement. Therefore,
the provision of year to year basis has also been kept so that in case the
employees, if settled elsewhere, do not have to wait for his quittal of
government service unnecessarily.

Extra-Ordinary leave under this scheme will count as qualifying service

neither for the purpose of pensionary benefits nor for any other service
benefit like annual increments etc. However, this will not be treated as a
break-in-service. Qualifying service rendered by the employees before
the commencement of this scheme will be added to the qualifying
service rendered after return to duty from such Extra-Ordinary Leave. In
other words, the period of such Extra-Ordinary Leave will be given the
effect of dies non for the purpose of pensionary and all other service
benefits. We will discuss the effect of periods of service that are treated
as dies non, in our module on Pension Rules in detail.
As discussed above, as the entire period of Extra-Ordinary leave is to be
treated as period not qualifying for any service or pensionary benefits,
the employee has not to deposit any money towards Pension and Leave
contributions.
Entire earnings made during such Extra-Ordinary leave out of such
private employment/occupation etc. are to be retained by the government
servants. They will not have to deposit any part of it into government
treasuries.
Repayment of loans and advances taken by the government servant is to
be ensured by the respective departments.

60

The posts so vacated as a result of government servants proceeding on

Extra-Ordinary leave under this scheme are not to be filled up by the
departments/offices by any means of recruitment or appointment or
promotions.
Extra-ordinary leave under this scheme is to be granted only to those
government servants whose services can be spared. The scheme does not
apply to those government servants whose services cannot be spared by
the government/department in public interest. The fact whether the
services of a particular government servant can be spared or not, is to be
determined by the Administrative Secretary of the respective
departments.

Leave Salary:
You would have observed above that all kinds of leave carry leave salary with them.
For Earned Leave and Commuted leave government servants are allowed leave salary
equal to the pay they drew immediately before proceeding on such leave. For Half-Pay
leave and Leave Not due, the government servants are paid as leave salary which is
equal to 50% of pay they were getting immediately before availing these kinds of leave.
However, grant of Extra-Ordinary leave does not carry any leave salary and the govt.
servants are to be paid nothing on this account whenever they be on this kind of leave
whether on medical certificate or on some other ground. . Allowances payable under
Supplementary Rules, however, do not fall in the definition of Leave Salary. Therefore,
if these are payable during leave under those Rules, the rate of payment will be equal to
100 percent of what was being paid to the government at the time of commencement of
leave.

Effects of extra-ordinary leave:

As a general principle, leave carrying leave salary full or half, qualifies for all service
and pensionary benefits. Therefore, leave with leave salary will count as service while
calculating the periods for the grant of pensionary benefits. These are also treated as
qualifying for the grant of annual increments. In other words, all kinds of leave for
which leave salary is payable do not effect the service and pensionary benefits, where
qualifying service is needed. Extra-ordinary leave does not carry any leave salary.
Therefore, this is treated as qualifying neither for incremental nor for the pensionary
benefits as a general rule. There are certain exceptions to this general rule. If ExtraOrdinary leave falls under any of such exceptions, then it will qualify for all purposes
including the grant of increment. These exceptions are:

Extra-Ordinary leave granted on medical certificate; or

Extra-Ordinary leave granted due to civil commotions whereby the
government servants are rendered unable to join or re-join their duty.
This provision includes Extra-Ordinary leave granted only due to law
and order problems. It does not include leave necessitated due to natural
calamities; or

61

Extra-Ordinary leave granted for the purpose of higher scientific and

technical studies certified to be in the public interest by the leave
sanctioning authority.

Dear Learner, with this, we have come to an end of Ordinary Kinds of Leave. You
must have enjoyed while working on different ordinary kinds of leave. In the next
section, we will take up Special Kinds of Leave admissible to the government servants
under special circumstances. We do hope that you will go on working through those
kinds too.

Do Yourself-17:
Write whether the following statements are true or false:
1
Extra-ordinary leave under general provisions of the rules
is admissible up to 5 years (including other kinds of
leave)both to temporary and permanent government
servants
2
Extra ordinary leave carries leave salary equal to 50% of
pay
3.
Compensatory allowances are payable during extraordinary leave as on Earned leave.
4
Extra-Ordinary leave is admissible even when other kinds
of leave are due
5.
Under special extra-ordinary leave, the government
servants are free to seek employment elsewhere

1.7

SPECIAL KINDS OF LEAVE

Dear Learner, in the previous Section of this Unit on Leave Rules, we discussed with
you different Ordinary Kinds of Leave. We hope that you have worked on them and are
by now are able to differentiate between each one of them.
The objective of the present Section is to make you fully aware with certain special
kinds of leave that are also admissible to government servants. These kinds are not
granted to every government servant but are available only under special circumstances
to individuals. That is why these kinds have been grouped as Special Kinds of Leave.
These are:

Maternity Leave;
Leave to female government servant on adoption of a child;
Paternity Leave;
Special disability leave for injury intentionally inflicted:

62

Special disability leave for accidental injury;

Hospital Leave; and
Study Leave

We will take up these kinds one by one in the following discussions:

1.7.1 MATERNITY LEAVE:

This kind of leave is admissible to the female government servants for the purpose of
delivery of a child or for the purpose of abortions. The rules do not make any
distinction on account of marital status of the female. Therefore, even unmarried female
government servants are also entitled to this kind of leave.

Maternity leave for delivery:

As stated above, Maternity leave is admissible for two purposes:

For delivering a child; and

For abortions.

The condition for the grant of delivering a child is that the female government servant
must not be having more than one surviving child at the time of commencement of this
leave. How do you interpret this condition? Many of us do feel that this kind of special
leave can be availed only twice by a female government servant. But this is not true. A
female government servant can avail this leave any number of times or she may be able
to avail it only once. There is no restriction as to how many time this can be availed.
The condition is only with regard to the surviving children at the time of
commencement of leave. It may happen in a particular case that a female government
servant might have availed this leave twice but a child delivered by her might have not
survived. Thus, she can avail maternity leave for the third time also. On the other hand,
a female government servant might deliver twins at the time of her first delivery and
both of them may survive. She can not avail maternity leave for delivery second time
because she will be having more than one surviving children and the condition will not
be fulfilled.
The quantum of Maternity leave for delivering a child is 135 days from the date of
commencement of leave. The delivering mother can combine this special leave with
other regular/ordinary kinds of leave which may be due and admissible to her. You
may recall that at the time of our discussions on Commuted leave and on Leave Not
Due, we had remarked on Maternity Leave. Generally, both these kinds of leave are
granted to a government servant on the production of Medical certificate. However,
both these contain an exception that these can be granted without the production of
medical certificate, if these or either of these are/is required in continuation of maternity
leave. Maximum limit for the grant of Commuted leave in continuation of maternity

63

leave is 60 days(equal to 120 days Half-Pay leave) under this provision whereas there is
no such limit for the grant of Leave Not Due. If the delivering mother is a permanent
government servant, she can take Leave Not Due for any period but when combined
with other kinds, total period of leave should not exceed one year. One year period does
not include the period of Maternity leave.

For abortions:
Maternity leave is admissible not only for delivering a child. It is also admissible to
female government servants for abortions. Abortions include miscarriages, induced
abortions under Medical Termination of Pregnancy Act. But these do not include
threatened abortions. The leave is to be sanctioned only after the production of medical
certificate by female government servants.
Grant of this leave does not have any condition as to the number of surviving children.
Therefore, this leave is admissible irrespective of the number of children that female
government servant may be having on the date of commencement of this leave.
The quantum of Maternity Leave for abortions is 45 days during the entire service of
the female government servant. She can avail it in more or any number of spells. While
counting 45 days, any period of maternity leave for abortions, which might have been
availed by the female government servant prior to 16-6-94, will not count.
Alternatively, we can say that female government servants who were in service on 166-94 or those who join government service after 16-6-94, are entitled to 45 days of
maternity leave for abortions.
Maternity leave for this purpose can be combined with any other kind of regular leave.
However, the facility of availing Commuted leave or that of Leave Not Due without the
production of medical certificate is not available in these cases.

For adoption of a child:

In our foregoing discussions, we have seen that Maternity leave is admissible for
pregnancy/delivery as well as for abortions. Leave Rules also take care of the
requirement of leave by adoptive mothers i.e. female government servants who want to
adopt a child. If a female government servant does not have more than one surviving
child and wants to adopt a child of less than one year old, she can take leave of the kind
due and admissible up to one year. Thus two conditions must be satisfied on the date of
adoption of a child:

The female government servant should not have more that one surviving
child; and
The age of the child to be adopted should be of less than one year.

If both the conditions are satisfied, the adoptive mother will be entitled to
leave of the kind due and admissible for a period by which the age of the child falls

64

short of one year. The facility of this leave up to one year is the same as is for
delivering mothers. Here also, if the female government servant wants to avail
commuted leave up to 60 days or Leave Not Due, that will be granted without the
production of medical certificate. If it is otherwise due and admissible.

Leave salary:
Maternity leave may be for pregnancy or for abortions, is not to be debited to the
leave account of the female government servants. An entry only is required to be made
in the service records.
Maternity leave carries leave salary as is admissible on Earned Leave i.e. salary equal to
the pay drawn immediately before proceeding on leave. If any compensation for the
corresponding period is payable under Employees State Insurance Act, 1948, leave
salary so payable is to be reduced by the amount of compensation. Compensation
payable for the period intervening with the Maternity leave is only to be reduced. If any
compensation extends beyond the period of Maternity leave, that is not to be adjusted
against the leave salary.
For any leave in continuation or combination with Maternity leave or for leave granted
to adoptive mothers, leave salary will be paid according to the kind of leave applied for
and sanctioned.

Do Yourself-18:
Strike out the odd one from the alternatives given in italics:
1.
Maternity leave is admissible up to one/two children.
2.
If twins were born during first delivery and both are surviving,
maternity leave is admissible/not admissible for the 2nd delivery.
3.
Maternity leave carries leave salary equal to that of leave salary payable
on Earned Leave/Half-Pay leave.
4.
Maternity leave is admissible/not admissible for abortions.
5.
Commuted leave can be/cannot be prefixed to maternity leave without
medical certificate.

1.7.2

PATERNITY LEAVE:

Dear Learner, you are well aware of the change that has occurred in our social system
of living. The joint family system has almost disappeared now and we are well ahead of
nucleus family system in which there is none else than the husband who could take care
of his pregnant wife. Viewing this, the 5th Central Pay commission has recommended
the grant of Paternity leave to the government servants to look after their wives during
the pre/post natal periods. Central Government has adopted the recommendation of Pay
Commission. This has also been adopted by the Government of Himachal Pradesh and

65

consequently the Paternity leave is now admissible to the government servants serving
the State of Himachal Pradesh.
This provision provides for the grant of 15 days Paternity leave to male government
servants who may be having less than two surviving children. There is, however, one
ambiguity. It may happen than the male government servant may be having one child.
He may need Paternity leave after his wife has delivered the 2nd child. Then at the time
when he avails paternity leave, this condition is not fulfilled. Let us wait for a
clarification from the government in this regard. Till then we have to go by the spirit of
the provision. We will not count the newly born baby while determining eligibility of
the government servant for the grant of this leave.
Paternity leave is admissible for 15 days from the date of commencement. Since the
main purpose behind the grant of this leave is to enable the male government servants
to look after their wives at the time of delivery, this leave is to be granted only during
the confinement of wife of the government servant. This leave can be availed 15 days
before or within 6 months from the date of delivery by his wife. For the grant of this
leave, it is not a requirement of rules that the wife of that government servant should be
a government servant. This leave is not generally to be refused under any
circumstances.
It is also permissible to combine this leave with any other regular leave due and
admissible..

Leave salary:
During Paternity leave, the government servants are entitled to a leave salary that is
equal to the Pay drawn immediately before proceeding on such leave. In cases of
combination with other kinds of leave, leave salary for other kinds will be according to
the kind of leave granted.
Paternity leave is not to be debited to the leave account of the government servant.

Do Yourself-19:
Write whether the following Statements are true or false:
1
Paternity leave is admissible to those government servants
whose wives are in government service/
2. The quantum of paternity leave is 15 days
3. Paternity leave can be availed within 1 year from the date of
delivery of the child.
4. Paternity leave is to be debited to the Earned Leave account
of the employee.
5. Paternity leave is to be granted in exceptional circumstances

66

1.7.3 SPECIAL DISABILITY LEAVE FOR INJURY

INTENTIONALLY INFLICTED:
It may happen sometimes that the government servants may confront themselves with
disability as a result of injuries:

Inflicted upon them in due performance of their official duties; or

Caused to them in the due performance of their official duties; or
Inflicted upon them in consequence of their official position; or
Caused to them in consequence of their official position;

Since the disability in the above circumstances would be the result of the performance
of official duties or that of official position of the government servants, the Leave rules
provide for a special kind of leave to meet with above exigencies of public service.
Leave sanctioning authorities are competent to grant leave in such cases which will not
be more than the period recommended by the medical authorities. The maximum limit
for the grant of such leave is 24 months. It can also be combined with regular kinds of
leave.
This leave can be granted more than once if the disability is aggravated or reproduced in
similar circumstances at a later date. However, total leave on this account will
cumulatively ( leave granted on earlier occasions for that disability and the grant of
leave under consideration), should not exceed 24 months for any one disability.

Manifestation of disability:
You will agree that the disability caused by the events explained above, should manifest
within a reasonable time from the date of occurrence of such an event. Disability cannot
be presumed to have manifested after an indefinite period. Therefore, the Leave Rules
take care of only those disabilities, which manifest within three months of the
occurrence to which it is attributed. However, where leave-sanctioning authority has
reasons to believe that the disability has actually manifested after the expiry of three
months, it may permit the government servant to avail this kind of leave. Further, when
the disability manifests, the government servants should immediately bring this to the
notice of the leave sanctioning authority. They should report the manifestation of
disability promptly after they are in a position to report. Leave sanctioning authorities
should satisfy itself that the government servant has acted with due promptitude in
bringing it to notice.

Leave salary:
Government servants who are granted Special Disability leave under this provision are
entitled to leave salary as under:

67

If the leave availed is up to 120 days, they will get leave salary as
admissible on Earned Leave i.e. equal to pay drawn immediately before
proceeding on such leave;

If the leave availed exceeds 120 days, they will get leave salary as
admissible on Earned Leave for the first 120 days of such leave. For rest
of the period of Special Disability Leave, leave salary will be equal to
the leave salary as admissible on Half-Pay leave i.e. 50% of leave salary
for Earned Leave;

Government servants who avail Special Disability Leave exceeding 120

days have one more option. They can get leave salary as for Earned
Leave up to another 120 days. For this purpose, equal number of HalfPay leave in their account will be debited.

While counting the above periods, leave granted on earlier occasions for
the same disability will be treated as a continuing one. The government
servants will get full leave salary only once or cumulatively for 120 days
for the same disability. Similarly, the option to convert another 120 days
of half leave salary to full leave salary is to be availed once or
cumulatively for the same disability. We hope you are able to interpret
the term cumulatively. Remember that Special Disability leave under
this provision is admissible for the same disability on more than one
occasion also.
Let us take a few illustrations to understand the above implications:

ILLUSTRATIONS:
(A)
A male government servant is sanctioned 110 days of Special Disability
Leave for a disability caused in the performance of his official duties. Determine his
leave salary.
(B)
Continuing illustration (A) above, what will be his leave salary in case
the period of leave granted is 220 days?
(C)
days.

Determine leave salary in (A) above if the period of leave availed is 700

(D)

The government servant was sanctioned Special Disability leave for

230 days earlier. The same disability recurs and he is again granted such leave for
another 345 days. On earlier occasions, he was paid full leave salary for the entire

period by debiting 110 days to his Half-Pay leave account.

68

ANS:
(A)

The period of leave in this case is less than 120 days. Therefore, the government servant is
entitled to full leave salary for the entire leave period of 110 days.

(B)

The period of leave in this case exceeds 120 days. Therefore, government servant will get
full leave salary for first 120 days and for remaining period of leave of 100 days, he is
entitled to half leave salary. Since the remaining period is also less than 120 days. He has,
therefore, the option to convert this entire remaining period of 100 days into leave with
full leave salary.
If he opts, 100 days Half-Pay leave will be debited to his account.

(C)

The period in this case again exceeds 120 days. Therefore, for the first 120 days, the
government servant will get full leave salary. For remaining 580 days, he is entitled to half
leave salary. However, out of these 580 days, he can get full leave salary for another 120
days. This is possible only if he requests that his Half-Pay leave account be debited by 120
days. Thus the government servant can get full leave salary for 240 days in all. For rest of
460 days, he is entitled to half leave salary.

(D)

The government servant on earlier occasion of the same disability was granted full leave
salary. It means that he has availed the entire benefit of full leave salary admissible for
Special Disability Leave i.e. 120 days. On that occasion, he was paid full leave salary for
230 days which further means that for another 110 days, full leave salary was paid to him
by debiting 110 days to his Half-Pay leave account. Therefore, when his disability has
recurred, at best he can get full leave salary for another 10 days(120 days 110 days), by
debiting 10 days to his Half-Pay leave account. For rest of the period of 335 days (345 days10 days),he is entitled to half leave salary.

If any compensation under Workmen Compensation Act, or the Employees State

Insurance Act is paid, leave salary so payable is to be reduced by the amount of
compensation. Compensation payable under Employees State Insurance Act for the
period intervening with the Special Disability leave is only to be reduced. If any
compensation extends beyond the period of such Leave that is not to be adjusted against
the leave salary.

Do Yourself-20:
Write whether the following statements are true or false:
1. Special Disability leave is admissible up to 24 months
2. Only first 120 days of Special Disability leave carry full leave
salary without debit of any amount of leave to any account.
3. Special Disability leave is to be granted only in one spell for
the same injury/disability.
4. Special Disability leave is admissible if the injury/disability
manifests within three months from the occurrence of the
event.
5. Compensation under Workmen Compensation Act has
nothing to do with the leave salary payable on Special
Disability leave.

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1.7.4

SPECIAL DISABILITY LEAVE FOR

INJURY:

ACCIDENTAL

In the previous Sub-section we discussed about the Special Disability leave for
disability intentionally inflicted upon or caused in to government servants in the
performance of their duties or as a consequence of their official position. It may happen
sometimes that the government servants may also be disabled as a result of:

Accidental injuries incurred to them in due performance of their official

duties; or
Accidental injuries incurred to them in consequence of their official
position; or;
Illness to them in the performance of any particular duty, which
increased their liability to illness or injury beyond the ordinary risk
attaching to the post held by him.

You would have observed that the causes of disability are different in this Sub-Section
as compared to the causes we discussed in the previous Sub-Section. In both cases the
end result is disability incurred by the government servants as a result of their official
position or in the due performance of their official duty. Therefore, the provisions with
regard to the grant of Special Disability in such cases are also identical. You are already
aware of the provisions of Special Disability Leave for injuries intentionally inflicted.
Those provisions are equally applicable for accidental injuries also. We need not
discuss them again. There are, however, certain deviations and additional requirements
where Special Disability Leave for accidental injuries is to be granted. These are:

You have seen above that Special Disability leave under this provision is
admissible for Disability caused due to the incurring of illness of that
type which would not have been there had the government servant not
performed a particular duty. It should, therefore, be expressly certified
by the authorized medical attendant that this illness of the government
servant is directly due to the performance of particular duty;
The authority competent to sanction leave must be of the opinion that the
disability is exceptional in character.
The quantum of leave to be sanctioned as Special Disability leave in
cases covered under this Sub-section is also limited to 24 months.
However, the authorities that are competent to sanction such leave
should use their discretion and regularize the period of absence
recommended by the authorized medical attendants partly by the grant of
leave as Special Disability leave and partly by other kinds of leave due
and admissible. They are to ensure that Special Disability Leave with full
leave salary is not sanctioned beyond first 120 days under this provision.

70

Do Yourself-21:
Match the following:
1

Quantum of Special Disability A

leave for accidental injury

Special
Disability
leave
for B
accidental injury carries full leave
salary

Special
disability
leave
for C
accidental injury
Leave salary beyond 120 days
D
Other kinds of leave due and E
admissible

4
5

1.7.5

Admissible to be sanctioned in
continuation of special disability
leave
Granted if the injury is due to
extra-ordinary reasons and
beyond ordinary risk attached to
the job performance.
Equal to half pay leave salary
24 months
120 days

HOSPITAL LEAVE:

Dear Learner, by now you are aware of the provisions relating to the admissibility and
grant of Maternity Leave, Paternity leave and Special Disability leave besides the leave
salary payable in each of these special kinds of leave.
Have you ever thought about or have come across a situation where the government
servants handling dangerous machinery or performing hazardous duties, met with an
accident or contracted illness as a result of such handling of machinery or performing
such duties? Do you know that the government has well perceived such situations? It
has provided for a special kind of leave to cope with such exigencies. This special kind
of leave is known as Hospital Leave.

Admissibility:
Hospital leave is not admissible to every government servant. Its admissibility and grant
has been restricted to specific government servants as under:

All the Class-IV/Group-IV government servants irrespective of the

nature of their duty; and
To those Class-III/Group-III government servants whose duties involve
the handling of:
o Dangerous Machinery
o Explosive materials
o Poisonous drugs and the like

71

To those Class-III government servants whose duty involves

performance of hazardous tasks.

You must have observed from the above that Class-I &II government servants are not at
all entitled for the grant of Hospital leave. Its admissibility to Class-III government
servants is restricted and it is admissible only to those government servants whose duty
involves performance of hazardous tasks or handling of dangerous machinery etc. It is
not related to the performance of duty etc. when it is to be granted to Class-IV
government servants.
You have seen that the intention behind providing Hospital leave is to allow time for
recovery to those Class-III&IV government servants who might be injured or who may
contract illness as a result of risks involved in their official duty. Therefore, the leave is
always to be sanctioned on advice of the authorized medical attendant on the basis of a
medical certificate.

Quantum of leave:
The Rules do not restrict the Hospital leave to any maximum. Therefore, this leave can
be granted by authorities competent to sanction such leave for any period within the
overall restriction of five years.
Hospital leave can also be combined with other kinds of leave due and admissible to the
government servants. When combined with other kinds, the total period of leave should
not exceed 28 months. Combination of other leave is, therefore, restricted to those cases
where the Hospital leave is for a period of less than 28 months. Where Hospital leave
itself exceeds 28 months, it cannot be combined with other kinds of leave.

Leave salary:
Government servants who are granted Hospital leave are entitled to leave salary for
such leave as under:

Where Hospital leave does not exceed 120 days, Leave salary is
admissible as on Earned leave for the entire period of leave; and
Where Hospital leave exceeds 120 days, the Leave salary for this leave
will be as on Earned Leave for the first 120 days. For remaining period
of leave, the government servants are entitled to leave salary as on HalfPay leave.
When Hospital leave is combined with other kinds of leave due and
admissible, leave salary for the leave so combined will be according to
kind of leave granted.
If any compensation under Workmen Compensation Act, or the
Employees State Insurance Act is paid, leave salary so payable is to be
reduced by the amount of compensation. Compensation payable under
Employees State Insurance Act for the period intervening with the

72

Hospital leave is only to be reduced. If any compensation extends

beyond the period of Hospital Leave that is not to be adjusted against the
leave salary.

Do Yourself-22:
Write whether the following statements are True or False
1. Hospital Leave is admissible to Hospital staff only
2. The quantum of Hospital Leave is the discretion of the
leave sanctioning authority subject to the maximum
recommended by the Medical authorities.
3. Government servants getting hospital leave up to 120
days are entitled to full leave salary.
4. Hospital Leave is always to be sanctioned against medical
certificate.
5. Compensation under Workmen Compensation Act is to
be adjusted against the leave salary payable on Hospital
Leave.

1.7.6

STUDY LEAVE:

Dear Learner, under Special Kinds of Leave we have discussed about Maternity Leave,
Paternity Leave, Special Disability Leave and Hospital Leave. Now we are taking up
another Special but a very known kind of leave termed as Study Leave.
You are aware that the government servants serve the government for pretty long years.
The knowledge and skill they acquired before joining service, is definitely not able to
cope with the dynamic changes in this era of science and technology. Think of a doctor
who was recruited 20 years ago. Do you expect that he will be able to discharge his duty
effectively and efficiently in todays time with that knowledge? The functioning in the
government offices also changes with the passage of time. Therefore, government
functionaries are also required to be equipped with the latest methods to perform better.
In all, we can say that the government servants are also required to be kept abreast with
the changes occurring in their functions and duties. Study leave is not granted for
prosecution of studies in academic or literary subjects. It is with this objective in view
that the government has kept a provision for the grant of Study Leave.

Purposes for grant:

As stated above, the main purpose behind the grant of this leave is to keep the
government servants in line with the changed requirements in the performance of their
job. For sharpening their knowledge and skill and to bring these up to international
standards, the leave is granted for courses of study available not only in India but also
abroad. Therefore, this leave is granted for the following study purposes:

73

To undertake special courses of study consisting of higher studies or

specialized training in a professional or a technical subject having a
direct and close connection with the sphere of their duty;

To attend a course of training or study tour in which a government

servant may not attend a regular academic or semi-academic course.
Such course of training or study tour should be certified of definite
advantage to government from the point of view of public interest. It
should also be related to sphere of duties of the government servant;

To attend studies connected with the framework or background of public

administration. In such cases, a government servant can be allowed
Study Leave for undertaking study or a study tour. The course of study
or the study tour should have the approval of the authority competent to
sanction leave. If the government servants are sanctioned Study leave
under this provision, they are required to submit a full report on the work
done by them during Study leave. This report is to be submitted after
their return to duty.

It is always not necessary that the courses of study that may have close
and direct relation with the sphere of his duty. Study leave can also be
sanctioned for undertaking study that may not be closely or directly
connected with the work of a government servant. However, this leave is
to be granted only if the study is capable of widening the mind of the
government servant. The motive behind the grant of leave under this
provision is twin-fold. Such course of study on the one hand will
improve their abilities as a civil servant. On the other hand this will
equip them better to collaborate with those employed in other branches
of the public service.

Although Study leave is not to be granted for prosecution of academic or

literary studies, in the interest of better job performance, the following
categories of government servants have been allowed Study leave for
prosecuting a post-graduate course of study:
o

Medical Officers for post-graduate study in Medical Sciences.

The study leave under this provision is to be sanctioned only if
the Director of Health Services certifies that such study shall be
valuable in increasing the efficiency of such medical officers in
the performance of their duty;
To specialists or technical persons for prosecuting post-graduate
course of study. The course of study should have direct relation
with the sphere of his duty. For the grant of Study Leave under
this provision, the Head of the Department or the Secretary of the

74

Department concerned certifies that the course of study shall

enable the specialists or technical persons to keep abreast with
the modern development in the field of their duty. It is also to be
certified by either of them that the course of study will improve
their technical standards and competence, which will
substantially benefit the Department or the Ministry.

Conditions:
The grant of study leave is subject to the following conditions:

If the course of study is outside India, the government servant should

arrange the consent of the Department of Economic Affairs of the
Ministry of Finance as to the release of foreign exchange involved in the
grant of Study leave;
Study leave out of India is not admissible for the prosecution of studies
in those subjects for which adequate facilities exist in India. It is also not
to be granted if such facilities are available under any of the schemes
administered by the Department of Economic Affairs or by the Ministry
of Education.
The government servant to whom Study Leave is to be sanctioned should
have completed 5 years of regular continuous service. 5-year service also
includes the satisfactorily completed period of probation.
The government servants should not be so old as to retire within 3 years
after their probable return from Study leave. In other words, you can say
that the government servants should serve the government at least for 3
years after their return to duty from Study leave. Government servants,
who will not be able to fulfill this condition, cannot be granted this leave.
They have also to execute a bond giving an undertaking to this effect on
a set form Form No.7. You can peruse a copy of this Form at
Appendix-II at the end of this Unit.

Quantum:
Study leave can be granted for a total period not exceeding 24 months during the entire
service of a government servant. Out of this period of 24 months, ordinarily this leave
should not be granted for more than twelve months at any one time. This implies that
this leave can be availed by a government servant in more than one spell. However, the
total period counted cumulatively for this leave taken on different occasions should not
exceed 24 months in the entire service.
Spilling the Study leave over different spells is restricted to another condition. If it is to
be granted to the same person in different spells, it should not be sanctioned in a way:

To remove the government servants from contact with their regular

work; and

75

To cause cadre difficulties owing to their absence on leave.

There is an exception to the condition that Study leave cannot be granted for a period of
24 months. Government servants who are awarded Jawahar Lal Nehru Fellowship can
be sanctioned Study Leave for the entire period of such Fellowship.
Application:
The government servants are required to apply for Study leave to the leave sanctioning
authority. They should send their application through proper channels. Applicants
should specifically mention the course/courses of study they want to undergo. You are
aware that this is a pre-requisite for the grant of sanction of Study leave as it is not to be
granted for study in literary and academic subjects.
It is possible that at the time of submission of application the government servants may
not be able to give full details. It is also possible that after the government servants
leave India a change in the programme already submitted and approved, may be
necessitated. In either of these situations, the government servants should submit the
particulars immediately to the Head of the Mission or to the leave sanctioning authority
and wait for the approval. If they commence the course of study or incur any
expenditure before such approval, it will be at their own risk.

Sanction:
Study leave is to be sanctioned only after its admissibility report has been obtained from
the authority maintaining such record. If the application submitted by the government
servant is for second or subsequent spell, Study leave sanctioned and availed earlier
should also be incorporated in the report.
It is possible that the government servant may be serving a department or an
organization other than parent department, at the time of sanction leave. Study leave in
such cases is to be sanctioned only after approval from the parent department has been
obtained.
Study leave can be sanctioned for study either in India or abroad. If the course of study
is out of India, the Head of the Mission in that country is required to be informed of the
sanction of Study leave. This information should be submitted by the leave sanctioning
authority. The government servant thereafter should contact the Head of the Mission for
issue of any letters of introduction or for any other requirement abroad.
You are aware that the government servants are required to execute a bond for serving
the government at least for three years after their return to duty. It is possible that the
government servants may have to extend the Study leave already sanctioned. In such
cases another bond is to be executed. These bonds should be submitted by the
government servants before the commencement of leave or extension of leave. The
government has prescribed forms for bonds that are different for permanent and

76

temporary government servants. Permanent government servants are required to execute

these bonds in Form No.7 for the sanction of leave and in Form No.8 for the extension
of leave. For the temporary government servants, these bonds are to be executed in
Form No. 9 for sanction of leave and in Form No.10 for extension of leave. A copy each
of these forms is appended at the end of this Unit as APPENDICES II to V.

ACTIVITY:
Please go through the Appendices II & IV. List out the differences in these two
forms.

Combination With other kinds and maintenance of study leave account:

You know that Study leave is a Special kind of leave. Like other kinds of Special leave,
this is also not to be debited in the leave accounts of government servants. Study leave
can be combined with other kinds of leave. When it is combined with other kinds of
leave, the combination should be so adjusted that the total period of absence including
Study leave does not exceed 28 months including the period of vacation. This period of
28 months absence will be counted in respect of leave with leave salary only. If ExtraOrdinary leave is also combined with Study leave, the period of Extra-Ordinary leave
will be excluded from such counting. For courses leading to Ph.D degrees, the total
period of absence is 36 months instead of 28 months.
When the study leave is combined with other leave of the kind due and admissible, the
government servants can undertake or commence a course of study during that leave.
Such course of study should not coincide with the period of leave in any case. If it
coincides, the period of study leave for which it has coincided will not be treated as
Study leave. We can say that the government servants can undertake or commence
additional course of study only during their own leave and not while on Study leave. If
such additional course falls in-between Study leave, it will be deemed that the
government servants have commenced that additional study taking their own leave.
Study leave for that period will not be granted. Let us take an illustration:

ILLUSTRATION:
A Medical officer was granted Study Leave from 15-12-1999 to 14-12-2001 for
attending a post-graduate course in medical science. While undergoing this
programme, the Medical Officer wants to take up a three-month Diploma Course
simultaneously which was to commence from 1-11-2001. The Officer applied for the
sanction of Earned Leave for the remaining period up to 31-1-2002. Decide the
periods for which Study Leave and Earned Leave are required to be sanctioned in
this case.

77

ANS:
The Officer cannot take up additional course during the Study leave period. Such
additional course can be undertaken during own leave that is allowed to be combined with
Study leave. In case such additional course coincides with Study leave, the Study leave for
the period of such co-incidence cannot be granted.
In the present case, therefore, the Earned Leave will be sanctioned from the date of
commencement of Diploma course i.e. 1-11-2001. Study leave sanctioned earlier will have
to be revised. It will be granted from 15-12-1999 to 31-10-2001.

Leave salary and other entitlements:

The payment of leave salary and other monetary benefits to government servants while
on Study Leave, is not similar for Study Leave availed in India and that availed abroad.
Let us see what payments are made to them during Study leave under both the situations
and how these are different.
(a)
Entitlements while Study is in India
Government Servants during study leave are entitled to leave salary as is admissible on
Earned Leave. They get this leave salary for the entire period of Study Leave. Payment
of Leave Salary at these full rates is admissible if they furnish a certificate stating that
they are not in receipt of any scholarship, stipend or remuneration for any part time
employment. If they are in receipt of any of such stipend, scholarship or remuneration,
the amount payable for that is to be adjusted against the leave salary. However,
minimum leave salary payable will not be reduced below that payable for Half-Pay
leave. They will be allowed to retain the entire amount of stipend, scholarship or
remuneration in all cases. We can take an illustration to understand it.

ILLUSTRATION:
A government servant who is on Study Leave is also in receipt of Stipend of Rs.6000 per
month. The Basic Pay of the government servant is Rs.9200 per month and the rate at
which D.A. is payable is 45% of basic pay. Determine the amount of leave salary payable
for Study leave.

ANS:
Normally, the government servants are entitled to full leave salary (i.e. leave salary as admissible
on Earned Leave) while on Study leave in India. However, any amount received by them on
account of any stipend, scholarship or remuneration for any part-time employment is to be
adjusted against such leave salary. Where such adjustment is made, the government servants are
entitled to minimum of leave salary as admissible for Half-Pay leave.
In the present case, the leave salary of the government servant comes to Rs.9200 + (45% of 9200) =
13340. Amount of Rs.6000 received by the government servant as Stipend is to be adjusted against
this leave salary. After adjusting fully this stipend, the amount payable on account of leave salary
remains at Rs.7340.
As per restriction to adjustment, the government servant is to be allowed either this amount or the
amount of leave salary payable as on Half-Pay leave, whichever is higher. Amount of leave salary
payable on Half-Pay leave is 50% of Basic Pay + (45% of 50% of Basic Pay) = 4600 + 2070 = 6670.
The government servant will, therefore, be entitled to the amount of 7340 being higher of the two.
In addition, retention of the entire amount of Rs. 6000 by the government servant, will also be
allowed.

78

In addition to leave salary payable as above, the government servants while on study
leave in India, are also entitled to House Rent Allowance and Compensatory (City)
Allowance for the first 180 days of such leave. Payment of these allowances beyond
first 180 days is admissible only if the government servants fulfill the conditions under
which these allowances are paid under Supplementary Rules. They are required to
certify that they do fulfill those conditions.
(b)
Entitlements while Study Leave is availed for studies out of India:
The government servants while on Study leave abroad are entitled to draw leave salary
equal to the pay that they were drawing while on duty with government immediately
before proceeding on leave. You would have noted that here again the leave salary
payable is equal to that payable on Earned leave and there is no difference between the
leave salary on Study Leave while in India and that payable while abroad. However,,
while on Study leave abroad, the government servants are also entitled to the payment
of Study Allowance in addition to leave salary. This Study Allowance is payable at the
rates fixed by the government from time to time. This allowance is not payable while
Study Leave is in India. We will have separate detailed discussions on the Study
Allowance.
While discussing payment of leave salary for Study Leave in India, we have seen that
any amount of stipend, scholarship or remuneration received by the government servant
is required to be adjusted against the leave salary. When study leave is abroad, this
adjustment is not to be made from the leave salary. Any amount of stipend, scholarship
or remuneration for part-time employment, is only to be adjusted against the payment to
be made to them on account of Study Allowance. Scholarship and stipends in this case
includes such payments from a government or a non-government source. While making
adjustments on this account from the Study Allowance, it is to be ensured that the cost
of fee paid by the government servant from such stipend, scholarship or remuneration is
deducted first from these receipts. Nothing is to be paid on account of Study allowance,
if the amount left thereafter exceeds the amount of Study Allowance. In case the
amount left after deducting the cost of fee, is less than the amount of Study Allowance,
the difference can be allowed by the leave sanctioning authority.

Study Allowance:
We have seen that the government servants are entitled to Study Allowance for studies
abroad in addition to full leave salary. We have also seen that any receipts of stipend,
scholarship or remuneration are to be adjusted against the payment of this allowance.
Now we will discuss other aspects of the payment of this allowance. These are:
Study Allowance is payable to the government servants while on Study Leave abroad
for the period spent for:

Undertaking a definite course of study at a recognised Institution. This

includes any period of examinations at the end of the course; or

79

Any definite tour of inspection of any special class of work.

Study allowance is not to be paid for any period of interruption where the interruption
does not exceed 14 days continuously due to the sickness
of the government servants, the Head of Mission can allow the payment of Study
allowance for the period of such interruption.
Study allowance is also not payable for the period of any vacation during the course of
study. However, this can be allowed for the entire period of vacation in two cases.
Firstly, this allowance can be paid if as per direction of the government or that of the
leave sanctioning authority, the government servant attends any special course of study
or practical training during vacation. Secondly, payment of study Allowance for the
period of vacation will also be allowed where no such direction exists but the
government servants produce satisfactory evidence of having continued their studies
during vacation. The evidence is required to be produced either before the Head of the
Mission or before the leave sanctioning authority.
Study Allowance cannot be
allowed for a period exceeding 14 days, where the vacations fall at the end of the
course of study.
Payment of Study Allowance is to be allowed only after the government servants
furnish a certificate stating that they are not in receipt of any scholarship, stipend or
remuneration in respect of any part-time employment. However, provisional payment
of Study Allowance can be allowed at the end of every month. Provision payment is to
be allowed only if they undertake in writing to refund to the government any
overpayment consequent on:

Their failure to produce the certificate of attendance of the course of

study; or
their failure to satisfy the leave sanctioning authority about the proper
utilization of the time spent for which Study Allowance is claimed.

If the Study Allowance is payable for prosecuting a definite course of study at a

recognised Institution, the payment of this allowance will be made by Head of the
Mission. If the study is in a country where there is no Indian Mission, the payment of
this allowance will be made by the leave sanctioning authority. The payment of Study
allowance will be made against the claims to be submitted by the government servants
along with certificates of attendance, from time to time. The certificate of attendance
required to be submitted by the government servants is to be submitted by them at the
end of the term in case the study is in educational institutions. In other cases, this
certificate is to be submitted in intervals of less than 3 months.

Travelling allowance and cost of fee:

When a government servant proceeds to avail Study leave, travelling allowance is not to
be paid. The cost of fee for the prosecution of such studies is also to be met with by the

80

government servants themselves. However, the Governor of Himachal Pradesh can

allow either or both of these payments in exceptional cases. However, where the
government servant has been allowed to retain any receipts on account of stipend,
scholarship from whatever source or remuneration on account of part time employment,
the cost of fee should not be allowed in any case.

Effects of Non-fulfillment of conditions of bond:

You know that the government servants are granted Study Leave to prosecute higher
studies etc. The government grants this leave with the objective that the government
servants after acquiring such higher knowledge and skill will be able to perform their
duties in more efficient manner. Naturally, the purpose of grant of this leave is forfeited
if the government servants either do not successfully complete the course of study or if
they complete, they leave the service before serving the government for a sufficient
period. You may remember that before proceeding on Study Leave, the government
servants are required to serve the government at least for 3 years after their return to
duty from Study leave. To meet these objectives, the government has kept some
enforcing provisions in the Leave Rules. These are:
At the end of the course of study, the government servants are required to furnish the
certificates of examinations passed or special course of study undertaken. These
certificates should indicate the date of commencement and termination of the course
together with remarks of the authority in-charge of such a course. The certificates are to
be submitted to the leave sanctioning authority if the study leave was availed in India.
However, if the study leave was availed abroad, the certificates to the leave sanctioning
authority are to be submitted through the Head of the Mission concerned. If the
government servants fail to produce such certificates, they have to refund to the
government actual amount of leave salary, study allowance, cost of fee, traveling
allowance and other expenses, if any, incurred by the government. They have also to
refund the actual amount on the cost incurred by other agencies such as foreign
Governments, Foundations and Trusts in connection with their course of study. The
above payments are to be refunded together with interest thereon. The rate of interest
will be the rate fixed by the government from time to time for government loans. The
interest will be charged from the date of demand. These provisions are equally
applicable where the government servants quit service either before returning to duty
after the expiry of leave or within 3 years from the date of resumption of duty.
Refund is not to be enforced against those government servants who complete
successfully the courses of study but are either:
a. permitted to retire from government service on medical grounds; or
b. deputed to serve in any statutory or autonomous body or institution
under the control of the government and are permanently absorbed

81

therein in the public interest after resignation from their government

posts.
Where refund is to be enforced on any of the above accounts, the study leave availed
by the government servants is to be converted into leave of the kind due and admissible
The credit in the leave account of the government servants will be as on the date of
commencement of Study leave. Any other leave availed by the government servant
along with Study leave is also to be suitably adjusted. If any period remains uncovered
thereafter, the same is to be treated as Extra-Ordinary leave. Leave salary paid on
account of Study leave is to be adjusted against the leave salary so becoming due. If the
leave salary paid earlier is more than the revised leave salary becoming due, the excess
of such leave salary is to be refunded to the government along with other refund
becoming due. The Governor of Himachal Pradesh is empowered to waive or reduce
the refunds becoming due from the government servants. He can exercise this power in
the case of a particular government servant or in a class of cases having regard to the
peculiar circumstances of each case or a class of cases.

Do Yourself-23:
Write whether the following Statements are true or false:
1.

Study leave is admissible for 36 months at the maximum

2.

Study leave can also be granted if the course of study is to

widen the mind of the government servant to serve as a civil
servant.
Leave salary during study leave is payable as on Earned
Leave
Two courses of study can be undertaken simultaneously
during study leave.
While study leave is being availed in India, earnings through
stipend etc. are to be adjusted against the leave salary
payable
While study leave is abroad, the earnings through stipend
etc. are to be adjusted first against study allowance and then
from leave salary
If the course of study is not completed successfully, the leave
salary and other expenses become recoverable
Generally the course fee and traveling expenses are to be
borne by the government servants themselves while
proceeding on study leave.
Study leave cannot be allowed on more than one occasion.

3.
4.
5.

6.

7.
8.

9.
10.

Leave salary for study leave while in India cannot be less

than that payable on Half-Pay leave.

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1.8

POINTS TO REMEMBER:

1.8.1

GENERAL ABOUT LEAVE:

1.8.2

Leave is authorized absence from duty

Leave has three broad groups having various kinds.

CASUAL LEAVE:

1.8.3

Casual leave is an unrecognised kind of leave and is treated as duty.

12 days of Casual Leave is admissible in any one calendar year. Can
be combined with Special Casual Leave and Compensatory Leave.
Credit for new entrants and retiring government servants is to be
given @1 day for each complete month of service.
Casual Leave not availed by 31st December of the relevant year
lapses on that date.

SPECIAL CASUAL LEAVE:

1.8.4

Admissible for specific purposes e.g. Sporting events, Family

Welfare Programmes, Trade Union Activities. etc.
Can be combined either with Casual Leave or with one or more
kinds of regular leave but not with both at the same time.
Being an unrecognised kind of leave, it is treated as duty

COMPENSATORY LEAVE:

It is admissible to only a few categories of Class-III and IV

government servants.
It is earned by performing duty of emergent nature either on
Sundays or holidays or beyond office hours.
One day Compensatory Leave is admissible for 6.5 hours of extraduty.
Can be availed up to 3 days at a time and can be combined with
Casual and Special Casual leave.
Absence on this kind of leave is treated as duty.

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1.8.5

EARNED LEAVE TO NON-VACATIONAL STAFF

1.8.6

It is credited at the rate of 15 days on Ist January and Ist July every
year.
To fresh entrants and retiring government servants, the credit is
afforded @2.5 days for each complete calendar month of service in
that half-year.
Credit is to be reduced by 1/10th of EOL and Dies Non periods of
previous half-year.
It can accumulate up to 300 days + (15 days).
If debit falls in two half-years, that is to be split up so that credit of
every half-year precedes the debit for that half-year.
Generally can be availed for 180 days at any one time.
Leave salary for Earned Leave is equal to pay last drawn before
proceeding on leave.
Payment of compensatory allowances is to be regulated under
Supplementary Rules.
Unutilized Earned leave is to be encashed at the end of service/ on
death.

EARNED LEAVE TO VACATIONAL STAFF:

1.8.7

Advance credit Admissible only to selected categories of vacational

staff.
Credited in advance @ 5 days for each Half-Year
For new entrants and retiring government servants, the rate of
credit is 5/6 for each complete calendar month of service in that
half-year.
Credit is to be reduced by 1/30th of the periods of Dies-Non and
EOL, during preceding half-year.
Proportionate credit of Earned Leave is also admissible for duty
performed during vacations. This is post credit in contrast to
regular earned leave credit which is granted in advance.
Other conditions are similar as for non-vacational staff.

HALF-PAY LEAVE:

Not admissible to those categories of vacational staff to whom

Earned leave credit is available.
Credited in advance on Ist January and Ist July every year, at the
rate of 10 days in Each complete Half-Year of service.

84

1.8.8

To new entrants and retiring government servants credit is

admissible @ 5/3 days for each complete calendar month of service
during that half-year.
Credit is reduced by 1/18th of the periods of Dies-Non during the
preceding half-year.
Its accumulation is unlimited. It can also be granted for any
duration in one spell, subject to availability.
If debit falls in two half-years, that is to be split up so that credit of
every half-year precedes the debit for that half-year.
Allowed to be encashed in certain cases.

COMMUTED LEAVE:

1.8.9

It has no credit account. Double the amount of leave availed is

debited to Half-Pay leave account.
Admissible on Medical Certificate. Also admissible without medical
certificate for 60 days in continuation of Maternity Leave and up to
90 days for prosecution of higher studies in entire service.
Half the amount of Half-Pay leave at credit can be sanctioned in one
spell without any limit to the maximum grant.
If government servants quit service without returning to duty, this
leave is to be treated as Half-Pay leave and difference of leave salary
recovered. Recovery is not to be made in cases of death, pre-mature
retirements by the government and permanent incapacitation of the
government servant on medical grounds.
Leave salary admissible is as on Earned Leave.

LEAVE NOT DUE:

Only permanent government servants are entitled for this kind of

leave. Granted to temporary government servants with one year
service also for treatment of T.B., Leprosy, Cancer and Mental
Illness.
Granted when no Half-Pay leave is at credit.
Maximum amount of leave admissible is 360 days during entire
service with further restriction that it should not exceed the amount
of Half-pay leave to be earned by the government servant in future
service.
Admissible only on production of Medical Certificate. To temporary
government servants, medical certificate of a specialist of a general
hospital or a medical officer of a specialized institution required.
Debited to Half-Pay leave account and cannot be commuted.

85

1.8.10

1.8.11

If the government servant quits service without returning to duty,

quittal from service will be from the date of commencement of such
leave. If one quits service before earning equal amount of Half-Pay
leave, leave salary paid for the amount of leave remaining unearned, will be recovered. Recovery in either case is not to be
effected here also in cases mentioned under Commuted leave.
Leave salary equals leave salary on Half-Pay leave.

EXTRA-ORDINARY LEAVE:
To permanent government servants, admissible without any limit
and for any purpose.
To temporary government servants in the first year of service,
admissible up to 3 months, after one year of service up to 6 months
for common ailments and up to 18 months for major ailments
mentioned under Leave Not Due. They can also be sanctioned this
leave up to 24 months for higher studies if they have completed 3
years service. For government servants belonging to Scheduled
Casts and Scheduled Tribe communities, EOL equal to the duration
of Pre-entrance Coaching Programmes in approved centers, can be
sanctioned without linking to the length of service.
EOL under special scheme up to 5 years is admissible to permanent
and temporary government servants for seeking employment,
profession outside the government.
Carries no leave salary and is not to be debited to any account.
Compensatory allowances payable as per conditions laid down in
Supplementary Rules.

MATERNITY LEAVE:
Admissible to female government servants for 135 days from the
date of commencement of leave for pregnancy. They should not have
more than one surviving child on the date of commencement of such
leave.
Also admissible for 45 days in one or more spells for abortions
without any restriction as to the number of surviving children.
Leave of the kind due and admissible up to one year can be suffixed
to Maternity leave taken due to pregnancy.
Leave of the kind due and admissible up to one year is also
admissible for adoption of a child by a female government servant.
This is subject to the condition that the child is less than one year of
age on the date of adoption and the female government servant does
not have more than one surviving children on the date of adoption.

86

1.8.12

1.8.13

The age of the child is to be reduced from one year for determining
the admissible quantum of such leave.
Leave Salary on Maternity leave is as on Earned leave.
Maternity leave is not to be debited to any leave account.

PATERNITY LEAVE:
Admissible to male government servants during confinement of wife.
They should not have more than one surviving child at the time of
availing this leave.
Admissible for 15 days and is not to be debited to any leave account.
Leave salary admissible is as on Earned leave.
Can be availed within 15 days prior to and 6 months after delivery
by wife.
This is generally not to refused under any circumstances.

SPECIAL DISABILITY LEAVE FOR INJURY

INTENTIONALLY INFLICTED:
Admissible for disability manifested within three months of
occurrence of an injury inflicted or caused in or in consequence of
the due performance of official duties or in consequence of official
position.
Leave to be granted on authorization from medical officer subject to
a maximum of 24 months for any one disability. If the same
disability recurs, the disability leave can be granted in different
spells cumulatively for 24 months.
Can be combined with leave of kind due and admissible.
Leave salary for first 120 days of Special Disability Leave for same
disability will be as for Earned Leave and for rest of the period of
leave as on Half-Pay leave. Government servants at their option can
get full leave salary for another period not exceeding 120 days. If
they do so, equal number of days will be debited to their Half-Pay
leave account. Benefits received under Employees State Insurance
Act or under Workmen Compensation Act for period corresponding
to Special Disability Leave are to be adjusted against the leave
salary.
Special Disability leave is not to be debited to any leave account.

87

1.8.14

1.8.15

1.8.16

SPECIAL DISABILITY LEAVE FOR ACCIDENTAL INJURY:

Admissible to those employees who are disabled by injuries
accidentally incurred in, or as a consequence of the performance of
official duties or as a result of official position. . Also admissible for
illness incurred in the performance of such particular duties that
increase their liability to illness beyond the ordinary risk attached to
the post held by him.
All the provisions of Special Disability Leave for Injuries
Intentionally Inflicted are applicable with little deviations.
The disease incurred must be certified to be directly the consequence
of particular duty.
The period of absence may be covered partly by the grant Special
Disability Leave and partly by the grant of the kind of leave due and
admissible.
Full leave salary should not exceed for a period exceeding 120 days.

HOSPITAL LEAVE:
Admissible to all Class-IV government servants. Also admissible to
Class-III government servants handling dangerous machinery,
explosive materials, poisonous drugs and alike or who have to
perform hazardous tasks.
Admissible for illness or injuries directly due to the risks involved in
the performance of official duties.
To be granted on medical certificate .
Period of leave to be decided by the leave sanctioning authority.
Can be combined with leave of the kind due and admissible.
Full leave salary for a period not exceeding 120 days admissible
together with Half-Pay leave salary for rest of the period of Hospital
leave.
Compensation under the Acts mentioned in 1.8.13 to be adjusted
against the payment of leave salary.

STUDY LEAVE:
Granted to government servants having minimum service of 5
years, for acquiring higher knowledge of modern science and
technology with a view to improve their job performance.

88

1.9

Also admissible for such studies that may widen their minds to
serve better as a civil servant.
Generally not admissible for literary and academic courses.
It can be granted for 24 months in entire service. Out of this not
more than 12 months in one spell are to be sanctioned in one
spell. This condition can be relaxed. Can be combined with leave
of the kind due and admissible but total period of absence
excluding extra-ordinary leave should not be more than 28
months. This limit of 28 months can be extended upto 36 months
for courses leading to Ph.D.
Where studies are abroad, sanction of Ministry of Expenditure
for release of foreign exchange is a pre-requisite.
Government servants have to execute a bond on the prescribed
Performa to serve the government at least for 3 years from the
date of return to duty.
Not to be debited to any leave account. Leave salary is equal to
the pay last drawn plus D.A. If study is abroad, in addition to
leave salary, payment of Study Allowance is also admissible.
Leave salary payable for studies in India and Study allowance
payable for studies abroad are subject to adjustments of earnings
by the government servants.
H.R.A. and Compensatory (City) allowance are admissible for
180 days. These can be paid beyond 180 days if the conditions for
their grant as prescribed under S.Rs. are fulfilled.
Government servants not returning to duty after expiry of leave
or quitting service or not completing the study successfully, are
required to refund to the government all the expenses incurred
on studies.

SELF-ASSESSMENT QUESTION:
(A) True or False:

a) Casual Leave can be combined with Special Casual Leave

True/False

b) Combination of Earned Leave with Commuted Leave is

permissible
c) Earned Leave can be availed for the entire period of credit
without any limit.
d) A government servant availing Commuted Leave can quit
service without returning to duty.
e) Leave Not Due can be commuted on medical certificate
f) Extra-Ordinary leave carries no leave salary
g) Credit of Half-Pay leave is to be reduced by 1/18th of the periods
of EOL and Dies Non.

True/False

89

True/False
True/False
True/False
True/False
True/False

h) Maternity leave for abortions can be granted for any number of

times without restriction to the number of surviving children.

True/False

i) Hospital leave is permissible to all categories of government

servants
j) Leave salary for the entire period of Special Disability leave is as
for Earned Leave
k) Study leave cannot be sanctioned for academic and literary
studies.
l) Extra-Ordinary leave for prosecution of higher studies can be
sanctioned with leave salary.
m) Paternity leave can also be sanctioned to those government
servants whose wives are not in government service.

True/False

n) No leave is credited to the leave account of vacational staff

deployed on duty during vacations.

True/False

o) Earned leave on medical certificate can be sanctioned in advance

without availability of credit in the Earned leave account

True/False

(B)

Tick the right answer:

1. Special Casual Leave can be combined with:
i)
Casual leave and Regular Leave
ii)
Either Casual leave or Regular leave
iii) Casual leave and Maternity leave
iv) None of the above]
2. Leave Salary on Commuted Leave is:
i) As on Earned leave
ii) As on Half-Pay leave
iii) As on Leave Not Due
iv) None of the above
3.Maternity Leave of 135 days is admissible to:
i) Married female government servants
ii) Unmarried female government servants
iii) Female government servants with more than two children
iv) Both to married and unmarried female government servants
4. Leave Not Due to permanent government servants is admissible:
i) Up to 5 years in entire service
ii) Up to 3 years in entire service
iii) Up to 240 days in entire service
iv) None of the above
5 After availing Study leave for one year, it is mandatory to serve the government:
i)
For 5 year
ii)
For 3 years
iii)
For 1 year
iv)
None of the above

90

True/False
True/False
True/False
True/False

1.10

SUM UP

Dear Learner, We have discussed with you about the various kinds of leave. We have
also discussed why leave is required and why it has so many kinds. We believe your
hard work on the unit will improve your office working . You are able to process and
decide the leave cases more efficiently now. But, your knowledge in this area still
leaves gaps. In the 2nd Unit of Module on Leave Rules we will discuss with you the
regulations under which these kinds of leave are governed. This will make you to
abridge the gaps. Lets depart now to meet again in Unit II.

1.11

ANSWERS TO SELF-ASSESSMENT AND

IN-TEXT QUESTIONS:

1.11.1

Answers to Self assessment Questions

(A) True or False:

True: (a), (b), (f), (h) and (m)
False: (c ), (d), (e), (g), (i), (j), (k), (l), (n) and (o)
(B) Tick the right answer:
2.
- (ii)
3.
(i)
4.
- (iv)
5.
- (iv)
6.
(ii)
1.11.2
Answers to In-Text Questions:
Do yourself-1:
22nd to 25th October and 25th October, 2001

Do Yourself-2:

1-12, 2-Salary, duty, 3-calendar.

Do Yourself-3:
True 1, 3 & 5
False: 2 & 4

Do Yourself-4:
True: 2, 3 and 4
False: 1 and 5

91

Do yourself-5:
2 hours( 7 to 9 AM) (No compensation for Ist hour before i.e. 9 to 10 AM and one hour after i.e. 5
to 6 PM

Do Yourself-6(right alternatives)
1-Specific
2-To dispose of emergent work
3-Year
4-Salary

Do yourself-7:
2.5 days (rounded to 3 days. Please note that this is net credit also)
Do Yourself-8:
15-17/10=13.3 or 13 days (Period from 1-1-2001 to 31-1-2001 will not affect credit on 1-1-2001
as it is not preceding half-year)
Do Yourself-9
Balance 249 days
Debit for 22-6 to 30-6=9 days
Balance 249-9=240 days
Fresh credit on 1-7= 15 days
Accumulated balance: 240+15=255 days
Debit 1-7 to 15-7=15 days
Balance on return from leave=255-15=240 days.
Do Yourself-10:
Basic Pay 9200 + DA 40%(3680) = 12880/Do Yourself-11:
1-d, 2-a, 3-e, 4-b, 5-c
Do Yourself-12:
1-False, It is not available to temporary government servants during Ist year of service. 2- False,
3-True, 4-False, 5-True.
Do Yourself-13:
1-True, 2-True, 3- False, 4-True, 5- False
Do Yourself-14:
Right alternatives: 1- Does not have, 2-full, 3-can be, 4-double, 5-cannot
Do Yourself-15:
190

92

Do Yourself-16:
(a) No recovery will be effected.
(b) Leave salary paid for Leave Not due will be recovered.
Do Yourself-17:
1-False, 2-False, 3-True, 4-True, 5-True
Do Yourself-18:
Right alternatives: 1-Two, 2-Not admissible, 3-Earned leave, 4-Admissible, 5-Cannot( Without
MC it can be suffixed only)
Do Yourself-19
1-False. 2-True, 3-False, 4-False, 5-False
Do Yourself-20:
1-True, 2-True, 3-False, 4-True, 5-False
Do Yourself-21:
1-D, 2-E, 3-B, 4-C, 5-A
Do Yourself-22:
1-False, 2-True, 3-True, 4-True, 5-True
Do Yourself-23:
1-True, 2-True, 3-True, 4-True, 5-True, 6-False, 7-True, 8-True, 9-False, 10-True.

1.12

LIST OF APPENDICES

Appendix I :

Various Kinds of Leave

Appendix II:

Bond to be executed by a Permanent government

while proceeding on Study Leave

Appendix III :
Appendix IV:

Appendix V :

servant

Bond to be executed by a permanent government servant when

granted extension of study leave.
Bond to be executed by a temporary government servant while
proceeding on Study Leave.
Bond to be executed by a temporary government
granted extension of study leave.

93

servant when

APPENDIX I
VARIOUS KINDS 0F LEAVE
1.

CASUAL LEAVE

2.

SPECIAL CASUAL LEAVE

3.

COMPENSATORY LEAVE

4.

EARNED LEAVE FOR NON-VACATIONAL STAFF

5.

EARNED LEAVE FOR VACATIONAL STAFF

6.

HALF-PAY LEAVE

7.

COMMUTED LEAVE

8.

LEAVE NOT DUE

9.

EXTRA-ORDINARY LEAVE

10.

MATERNITY LEAVE

11.

PATERNITY LEAVE

12.

SPECIAL DISABILITY LEAVE FOR INJURY INTENTIONALLY

INFLICTED

13.

SPECIAL DISABILITY LEAVE FOR ACCIDENTAL

INJURY

14.

HOSPITAL LEAVE

15.

STUDY LEAVE

94

APPENDIX-II
[Adapted from Form No.7 of C.C.S (Leave) Rules, 1972]

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
district
of_______________at
present
employed
as
_________________________ in the Ministry/Office of ________________do hereby bind myself and
my heirs, executors, administrators to pay to the Governor of Himachal Pradesh(hereinafter called the
Government)
on
demand,
the
sum
of
Rs._______________________________(Rupees__________________________)only together with
interest thereon from the date of demand at government rates for the time being in force on government
loans or, if payment is made in a country other than India, the equivalent of the said amount in the
currency of that country converted at the official rate of exchange between that country and India AND
TOGETHER with all costs between attorney and client and all charges and expenses that shall or may
have been incurred by the Government.
WHEREAS I______________AM GRANTED STUDY LEAVE BY THE government
AND WHEREAS for the better protection of the Government I have agreed to execute this bond with
such condition as hereunder is written:
NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my
failing to resume duty, or resigning or retiring from service or otherwise quitting service without
returning to duty after the expiry or termination of the period of study leave or failing to complete the
course of study or at any time with8in a period of three years after my return to duty, I shall forthwith
pay to the Government or as may be directed by the Government, on demand the said sum of
Rs.______________________--(Rupees___________________________)only together with interest
thereon from the date of demand at Government rates for the time being in force on Government loans.
AND upon my making such payment the above-written obligations shall be void and of on effect,
otherwise it shall and remain in full force and virtue.
The bond shall in all respects be governed by the laws of India for the time being in force and the rights
and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate Courts in
India.
The Government of Himachal Pradesh has agreed to bear the stamp duty payable on this bond.
Signed and dated this_____________day of _______________two thousand and_____.
Signed and delivered by__________________
In the presence of_______________________
Witnesses:

(1)_____________________
(2)_____________________
ACCEPTED
For and on behalf of the
Governor of Himachal Pradesh

95

APPENDIX-III
[Adapted from Form No.8 of C.C.S (Leave) Rules, 1972]

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______________________RESIDENT OF
_____________________IN
THE
district
of_______________at
present
employed
as
_________________________ in the Ministry/Office of ________________do hereby bind myself and
my heirs, executors, administrators to pay to the Governor of Himachal Pradesh(hereinafter called the
Government)
on
demand,
the
sum
of
Rs._______________________________(Rupees__________________________)only together with
interest thereon from the date of demand at government rates for the time being in force on government
loans or, if payment is made in a country other than India, the equivalent of the said amount in the
currency of that country converted at the official rate of exchange between that country and India AND
TOGETHER with all costs between attorney and client and all charges and expenses that shall or may
have been incurred by the Government.
WHEREAS I______________was GRANTED STUDY LEAVE BY THE government for the period
from __________________to____________________in consideration of which I executed a bond,
dated_________________, for Rs.____________________(Rupees _________________________only)
in favour of the Governor of Himachal Pradesh.
AND WHEREAS
the extension of study leave has been granted to me at ,my request
until____________________.
AND WHEREAS for the better protection of the Government I have agreed to execute this bond with
such condition as hereunder is written:
NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my
failing to resume duty, or resigning or retiring from service or otherwise quitting service without
returning to duty after the expiry or termination of the period of study leave so extended or failing to
complete the course of study or at any time with8in a period of three years after my return to duty, I shall
forthwith pay to the Government or as may be directed by the Government, on demand the said sum of
Rs.______________________--(Rupees___________________________)only together with interest
thereon from the date of demand at Government rates for the time being in force on Government loans.
AND upon my making such payment the above-written obligations shall be void and of on effect,
otherwise it shall and remain in full force and virtue.
The bond shall in all respects be governed by the laws of India for the time being in force and the rights
and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate Courts in
India.
The Government of Himachal Pradesh has agreed to bear the stamp duty payable on this bond.
Signed and dated this_________________day of ____________two thousand and_____.
Signed and delivered by__________________
In the presence of_______________________
Witnesses:

(1)_____________________
(2)_____________________
ACCEPTED
For and on behalf of the
Governor of Himachal Pradesh

96

APPENDIX-IV
[Adapted from Form No.9 of C.C.S (Leave)Rules, 1972]

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______________________RESIDENT OF
_____________________IN
THE
district
of_______________at
present
employed
as
_________________________ in the Ministry/Office of _______________(hereinafter called the
Obligor)
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 administrators to pay
to the Governor of Himachal Pradesh(hereinafter called the Government) on demand, the sum of
Rs._______________________________(Rupees__________________________)only together with
interest thereon from the date of demand at government rates for the time being in force on government
loans or, if payment is made in a country other than India, the equivalent of the said amount in the
currency of that country converted at the official rate of exchange between that country and India AND
TOGETHER with all costs between attorney and client and all charges and expenses that shall or may
have been incurred by the Government.
WHEREAS the Obligor is GRANTED STUDY LEAVE BY THE government
AND WHEREAS for the better protection of the Government 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 behalf of the above
bounden_________________
NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the
Obligor Shri/Shrimati/Kumari____________________ failing to resume duty, or resigning from service
or otherwise quitting service without returning to duty after the expiry or termination of the period of
study leave or failing to complete the course of study or at any time within a period of three years after
his return to duty, the Obligor and Sureties shall forthwith pay to the Government or as may be directed
by the Government, on demand the said sum of Rs.______________________-(Rupees___________________________)only together with interest thereon from the date of demand at
Government rates for the time being in force on Government loans.
AND
upon
the
Obligor
Shri/Shrimati/Kumari____________________________and
or
Shri/Shrimati/Kumari____________________________and,
or
Shri/
Shrimati/Kumari
___________________ the sureties aforesaid making such payment the above-written obligations shall
be void and of on effect, otherwise it shall and remain in full force and virtue.
PROVIDED ALWAYS that the liability of the sureties hereunder shall not be impaired or discharged by
reason of time being granted or by any forbearance, act or omission of the Government or any person
authorized by them (whether with or without the consent or knowledge of the sureties) nor shall it be
necessary, for the Government to sue the obligor before suing the sureties Shri/Shrimati/Kumari
__________________________or any of them for amounts due hereunder.
The bond shall in all respects be governed by the laws of India for the time being in force and the rights
and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate Courts in
India.
The Government of Himachal Pradesh has agreed to bear the stamp duty payable on this bond.
Signed and dated this_________________day of ____________two thousand and_____.

97

Signed and delivered by the Obligor

Above named Shri/Shrimati/Kumari
_____________________________________
In the presence of_______________________
Witnesses:

(1)_____________________
(2)_____________________

Signed and delivered by the surety

Abovenamed Shri/Shrimati/Kumari
_____________________________________
In the presence of_______________________
Witnesses:

(1)_____________________
(2)_____________________

Signed and delivered by the surety

Abovenamed Shri/Shrimati/Kumari
_____________________________________
In the presence of_______________________
Witnesses:

(1)_____________________
(2)_____________________
ACCEPTED
For and on behalf of the

Governor of Himachal Pradesh

98

APPENDIX-V
[Adapted from Form No.10 of C.C.S (Leave)Rules, 1972]

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______________________RESIDENT OF
_____________________IN
THE
district
of_______________at
present
employed
as
_________________________ in the Ministry/Office of _______________(hereinafter called the
Obligor)
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 administrators to pay
to the Governor of Himachal Pradesh(hereinafter called the Government) on demand, the sum of
Rs._______________________________(Rupees__________________________)only together with
interest thereon from the date of demand at government rates for the time being in force on government
loans or, if payment is made in a country other than India, the equivalent of the said amount in the
currency of that country converted at the official rate of exchange between that country and India AND
TOGETHER with all costs between attorney and client and all charges and expenses that shall or may
have been incurred by the Government.
WHEREAS the Obligor was m GRANTED STUDY LEAVE BY THE government for the period
from______________________to__________________in consideration of which he executed a bond,
dated_____________________, for Rs.___________________(Rupees_______________only) in favour
of the Governor of Himachal Pradesh.
AND WHEREAS THE extension of Study leave has been granted to the obligor at his request
until_____________________.
AND WHEREAS for the better protection of the Government 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 behalf of the above
bounden_________________
NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the
Obligor Shri/Shrimati/Kumari____________________ failing to resume duty, or resigning from service
or otherwise quitting service without returning to duty after the expiry or termination of the period of
study leave so extended or failing to complete the course of study or at any time within a period of three
years after his return to duty, the Obligor and Sureties shall forthwith pay to the Government or as may
be directed by the Government, on demand the said sum of Rs.______________________-(Rupees___________________________)only together with interest thereon from the date of demand at
Government rates for the time being in force on Government loans.
AND
upon
the
Obligor
Shri/Shrimati/Kumari____________________________and
or
Shri/Shrimati/Kumari____________________________and,
or
Shri/
Shrimati/Kumari
___________________ the sureties aforesaid making such payment the above-written obligations shall
be void and of on effect, otherwise it shall and remain in full force and virtue.
PROVIDED ALWAYS that the liability of the sureties hereunder shall not be impaired or discharged by
reason of time being granted or by any forbearance, act or omission of the Government or any person
authorized by them (whether with or without the consent or knowledge of the sureties) nor shall it be
necessary, for the Government to sue the obligor before suing the sureties Shri/Shrimati/Kumari
__________________________or any of them for amounts due hereunder.
The bond shall in all respects be governed by the laws of India for the time being in force and the rights
and liabilities hereunder shall, where necessary, be accordingly determined by the appropriate Courts in
India.
The Government of Himachal Pradesh has agreed to bear the stamp duty payable on this bond.

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Signed and dated this_________________day of ____________two thousand and_____.

Signed and delivered by the Obligor
Above
named
Shri/Shrimati/Kumari
_____________________________________
In the presence of_______________________
Witnesses:

(1)_____________________
(2)_____________________

Signed and delivered by the surety

Abovenamed Shri/Shrimati/Kumari
_____________________________________
In the presence of_______________________
Witnesses:

(1)_____________________
(2)_____________________

Signed and delivered by the surety

Abovenamed Shri/Shrimati/Kumari
_____________________________________
In the presence of______________________
Witnesses:

(1)_____________________
(2)_____________________
ACCEPTED
For and on behalf of the
Governor of Himachal Pradesh

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UNIT-II
PROCEDURES AND REGULATION OF LEAVE
STRUCTURE
2.1

2.2
2.3
2.4

2.5
2.6
2.7
2.8
2.11
2.12

2.1

Introduction
Objectives
Leave Application and Sanction
Conditions Governing Leave

Right to Leave

Regulation of claim

Conversion of leave in to other kind

Combination with leave and holidays

Maximum spell of leave

Curtailment of Leave

Requirement of Medical Certificate

Overstayel of Leave

Effects of Disciplinary Proceedings etc.

Service and Employment during leave

Maintenance of Leave records
Sum up
Points to Remember
Self-assessment questions
Answers to Self Assessment Questions
Appendices

INTRODUCTION

Dear learner, in the previous unit you have gone through various kinds of leave that are
admissible to the Govt. servants. Now you must be familiar with the nature of these.
However, the grant and sanction of leave to the government servants is subject to
certain conditions. This unit discusses the procedure and conditions followed while
sanctioning leave to a Govt. servant. In this unit we will discuss about application for
leave, sanctioning authority, right to leave, combination of leave., conversion of the
kind of leave and other regulations related to the grant of leave. You will recall here
that these provisions are not applicable to Casual Leave and Special Casual Leave. The
unit is divided into a number of sections. . We feel that you should know and work on
various implications of these conditions so that you may apply these in their right
perspective.

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2.2
OBJECTIVE:
After working on this Unit, the learner will be able to:

2.3

describe the conditions upon which leave entitlement of

government servants depends;
explain how to regulate cases of permanent incapacitation on
medical grounds
list out steps to be taken on absence and overstayel by
government servants.
explain how to maintain leave account.
describe how to process/decide the requests for employment etc.
during leave.
LEAVE APPLICATION:

You must be availing leave of different kinds. Therefore, you are well aware of the fact
that the government has prescribed a form to be used as leave application. Specimen of
the same is available at Appendix-I at the end of this Unit.
The government servant
has to apply for leave on this form. It should be clearly understood that by filling up
and submitting this form, the government servants cannot presume that the leave has
been sanctioned. This will become leave only after it is sanctioned by the leave
sanctioning authority. While applying for leave, the applicants should fill all the
columns.
Sanctioning Authority:
You know that a particular officer sanctions leave. Do you know from where this
authority is derived? The leave rules prescribe various authorities that can sanction
different kinds of leave to govt. servants. The list is at Appendix-II at the end of this
Unit. You will notice that the list contains authorities down up to Head of Department
level in the appendix. This is so because they can further delegate their power to
sanction leave to their subordinates according to working requirements. The delegation
differs from one Department to the other. You should be cautious here to observe that
the delegation may again differ from leave to leave. Further, you can observe from the
appendix that in some cases. Heads of Department also do not have powers to sanction
the leave. In that event, the power to sanction leave rests with the Administrative

102

Department. Therefore, Heads of Department are not competent to delegate such

powers.
ACTIVITY:
Find out the extent of delegation to you for different kinds of leave if you are Head of
Office and if not, to your Head of Office who sanctions the leave,. Then complete the
list provided by us down up to the level of your office
.

2.4
CONDITIONS GOVERNING LEAVE:
Dear Learner, in Unit I we had detailed discussions on various kinds of leave that are
admissible to government servants. You know that we kept these kinds under the
following three different groups:

Unrecognized Kinds of Leave;

Ordinary Kinds of Leave; and
Special Kinds of Leave.

Please try to recall at this stage as to which of the above groups is not governed by the
regulations of Central Civil Service (Leave) Rules, 1972. We are sure, your reply will
be the first one i.e. Unrecognized kinds. Yes, it is this group and the kinds of leave
included in it are not governed by the regulations of the rules. The kinds of leave
included in this group, as you know, are:

Casual Leave;
Special Casual Leave; and
Compensatory Leave.

Our discussions in present Unit do not apply to these three kinds of leave. You are
aware that government has issued various executive instructions for the regulation of
these three kinds of leave. We have already taken care of those in our First Unit.
You are also aware that the regulations incorporated in the Leave Rules apply to the
kinds of leave that are included in other two groups. Ordinary Kinds of Leave and
Special Kinds of Leave. Leave Rules have various provisions for the regulations of
various kinds of leave included in these two groups. . Our following discussion mainly
aims at these provisions.
2.4.1
RIGHT TO LEAVE:
Leave is availed by everyone who is in government service. But do you know that the
leave cannot be claimed as of right? The grant of leave is entirely at the discretion of
leave sanctioning authority. We should keep in mind the following provisions of the
rules in this regard:

103

The govt. servants cannot claim the leave as of right. They should not
presume that the application for leave would necessarily be accepted.
Therefore, they must wait for the formal sanction before proceeding on
leave. This is mandatory because leave may not be sanctioned in
exigencies of public service.
Leave once sanctioned to govt. servants can be cancelled at any time
before they proceed on leave. This can be done in cases where their
presence is felt necessary in the office.
Government servants availing the sanctioned leave; can be recalled to
duty before they have availed the leave fully. In such case they will be
entitled to T.A./D.A.

Government servants proceeding on leave without sanction can, therefore, be proceeded

against and penalized for the violation of the provisions of leave rules read with Central
Civil Service (Conduct) Rules, 1964. Leave Rules do not contain any minimum time
limit for submission of leave application before proceeding on leave. Nevertheless, the
application should be submitted well before the commencement of leave so that enough
time is allowed for its processing and sanction.
Our above discussion does not mean that the leave should always be availed only after
written sanction to the grant of leave has been communicated to the government
servant. In emergencies, the leave sanctioning authority may allow the government
servant in anticipation of written sanction, to proceed on leave. You should, however,
be clear that written confirmation should always follow the verbal grant of leave.
On the other hand, the authority to reject the leave should also not be mis-used/abused
by the leave sanctioning authorities. They should prescribe the processing time required
for leave applications. While sanctioning or rejecting leave they should neither be
guided by whims nor by bias. Decision as to the sanction or rejection of leave should
not only but also appear to be a judicious decision in the public interest.
TITLE TO LEAVE CANNOT BE CHANGED:
You have seen that the leave sanctioning authority has the discretion to reject the
request for the grant of leave, to curtail the leave already sanctioned and being availed
or to cancel the leave sanctioned but which is yet to commence. However, when it
intends to sanction the leave, it has no authority to change the title(kind) of leave
applied for by the government servant. It is bound to sanction only the kind of leave
that has been applied for by the government servant. Of course that should be due and
admissible. If that may not be due and admissible, it should seek the revised application
but should not change the title applied for by the government servant.

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Leave Not to be Granted:

Dear Learner, you are aware that the conduct of the government servant is prescribed in
the Conduct Rules. If the government servants do what they should not or do not do
what they should , they can be charge-sheeted. Consonant with the gravity of the misconduct, they can even be dismissed, terminated or compulsory retired from service.
Leave should never be granted where the disciplinary authority has decided to impose
any of the above penalties to a government servant.
Leave is also not to be granted to a government servant who is under suspension.
2.4.2

REGULATION OF CLAIM TO LEAVE:

The leave rules keep on changing from time to time. While processing leave cases, you
may find a situation that a government servant may be on leave and in-between the
leave rules may undergo a change. In such a case, what will you do? Will you apply the
change in the case of that government servant also? You may have to change your
decision if you are aware of the provisions of leave rules in this context. Leave cases of
the government servants are decided with reference to the rules applicable on the date of
proceeding on leave. If any change in the rules takes place during the leave of a govt.
servant that should not be applied in that particular case

2.4.3

CONVERSION OF LEAVE TO OTHER KINDS

You must have processed leave cases of the government servants. You also know that
the government servants often request for the conversion of the kind of leave that has
already been availed by them. How do you process such cases? Leave Rules authorize
the leave sanctioning authority to accede to such requests. But the request must fulfill
the following conditions.

The kind of leave already availed can be converted into any other kind
only on the request of the government servant. The new kind of leave,
however, should be due and admissible to the govt.servant on the date of
commencement of leave.

Conversion of the kind of leave is not the right of the government

servant. It is the prerogative of the leave sanctioning authority to allow
or to reject the request.

The government servant has to request for the conversion of the kind of
leave within 30 days. These 30 days will be counted from the date of
return to duty after availing the leave.

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The leave salary to the government servant will be paid

the revised kind of leave.

according to

Do yourself-1:
A female government servant avails Earned Leave from 4-12-2000 to 31-1-2001. During
the currency of this Earned Leave, she had to undergo medical treatment from 12-1-2001
to 31-1-2001, for which the medical officer grants her medical certificate. She makes a
request on
5th March, 2001 to the leave sanctioning authority to convert the earned leave from 12-12001 to 31-1-2001, into commuted leave on the authority of the medical certificate.
Ans._________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________

DO YOURSELF(2):
What would you suggest if she submits the request on 3rd February, 2001 and the leave
sanctioning authority rejects the same.

2.4.4 COMBINATIONS OF DIFFERENT KINDS OF LEAVE:

Another important provision in the leave rules says that leave of different kinds can be
taken in combination with one another. This section contains various related provisions.
These will guide you in processing and deciding the leave cases where the government
servant requests for the grant of more than one kind of leave in one spell.
Different kinds of leave are admissible to a govt. servant. The
government
servants can request for the grant of two or more kinds of leave combined together.
They do not need to return to duty for availing a different kind. You must carefully see
that the provisions do not envisage the combination of only two kinds of leave together.
Government servants can even request for the grant of more than two kinds of leave and
the leave sanctioning authority subject to the delegation of the authority of sanction, are
competent to sanction those kinds. While sanctioning different kinds of leave in one
spell only one point is to be kept in mind. If the total spell contains two or more subspells of the same kind of leave, it is to be ensured that all such sub-spells are counted
as single spell for determining the admissibility.

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EXAMPLE:
A government servant applies for the following spells of leave to be availed in India:
1. Earned leave from 1-1-2001 to 31-3-2001
2. Commuted leave from 1-4-2001 to 30-4-2001
3. Earned Leave from 1-5-2001 to 31-7-2001
4. Half pay leave from 1-8-2001 to 31-8-2001.
You are aware that Earned leave cannot be sanctioned generally for a period of more
than 180 days in any one spell. Further, different sub-spells of same kind of leave falling
in one spell are to be counted as one spell. In the present case, the Earned leave applied for
by the government servant exceeds 180 days. Will you accept the request?
No. The reason as you know, is that Earned Leave cannot generally be sanctioned for
more than 180 days in a single spell. Is it?

Combination of different kinds of leave has further been subjected to another condition.
We will see later that leave cannot be granted for more than 5 years generally in any
one spell. This condition has also to be taken care of while sanctioning different kinds
of leave together. In case you find that request of the government servant is genuine for
the grant of leave in excess of 5 years, you have to refer the case for sanction by The
Governor of Himachal Pradesh.
You also know that kinds of leave admissible under Central Civil Service (Leave)
Rules, 1972 do not include Casual leave. Casual leave is regulated by administrative
instructions of the government. This cannot generally be combined with regular kinds
of leave included in the rules stated above. A person on casual leave is treated to be on
duty and not on leave. However, there is one exception where casual leave can be
allowed to be prefixed to Earned leave. Are you aware of that exception?
Casual leave can be prefixed to regular leave on the following conditions.

day Casual leave is allowed to be prefixed to regular kinds of leave

in exceptional circumstances. For this purpose, the government servant
should have only day casual leave at credit and rendered unable to
attend office on the next day due to the reasons beyond control, e.g.
sickness or death in the family.

Special casual leave is another type of leave that can be sanctioned to a

government servant in special circumstances. This leave is also not a
regular kind of leave and is not regulated by these rules as stated in
UnitI. This leave can be prefixed or suffixed to casual leave or with
one or more kinds of regular leave. This cannot be combined with both
at the same time. We had a detailed discussion on that in Unit-I of
Leave Rules.

107

Do yourself-3:
Answer the following in the space provided:
1.
2.
3.

What is the maximum amount of casual leave that can be combined with
regular leave.
Can Commuted Leave (popularly termed as Medical leave) be combined with
Casual Leave?
Can extra-ordinary leave be combined with Casual Leave?

Ans. (1)__________________________________________
(2)__________________________________________

(3)__________________________________________.

Combination with Holidays:

If leave commences immediately after a holiday(including a restricted holiday) or a
series of holidays, the holidays are automatically allowed to be prefixed to leave.
Similarly, if a holiday (including a restricted holiday) or a series of holidays fall
immediately after the termination of leave, the holidays are automatically allowed to be
suffixed to leave. These provisions, however, do not apply in the following cases:

In cases of leave on medical certificate of self-illness;

In cases where permission is specifically withheld;
Leave is not in respect of a govt. servant whose transfer or assumption of
charge involves handing or taking over of securities or moneys other
than permanent advance e.g. cashier. This condition can be relaxed by
Heads of Departments with the condition that the person in charge of
such moneys or securities will remain responsible for the same;
If the substitute of the person proceeding on leave has to leave early
his/her station consequent upon early proceeding of the person who is to
proceed on leave.
If the late-resumption of duty (after holidays) results either in:
o Corresponding delay of the person to be relieved by him/her to
another station; or
o Corresponding delayed discharge of the person temporarily
appointed as his/her substitute.
If the government servant falls in any of the above exceptions, we should
not construe that he/she cannot prefix/suffix holidays to leave. The only
requirement in such cases is that the prefixing and suffixing will not be
automatic but will require special permission of the leave sanctioning
authority.

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Leave on Medical Certificate v/s Prefixing/Suffixing holidays

You have seen that when holidays fall immediately before or after regular kinds of
leave, they are automatically prefixed/suffixed to the sanctioned leave excepting cases
discussed above. One of the exceptions to this general rule is the leave on medical
certificate. The principle is quite simple in this case. The entire period covered by the
medical certificate is to be treated as leave irrespective of the fact whether it includes a
prefixing or suffixing holiday. If, however, you find that certain holidays are falling
immediately before or after the period covered by the medical certificate, that/those
will be suffixed/prefixed automatically to the leave on medical certificate.
ILLUSTRATION:
Mr.M submits a certificate of medical unfitness from 14th to 24th April, 2002. 13th, 14th and
15th are Holidays. He produces a medical fitness certificate which declares him fit to
resume duty from 25th April, 2002. 25th April, 2002 is a holiday. He resumes duty on 26th
April, 2002.
Leave of Mr.M will be regulated as under:
Leave on Medical Certificate: 14th to 24th April, 2002
Prefixing Holiday:
13th April, 2002
Suffixing Holiday 25th April, 2002.

Do yourself-4:
Ms N applies for the grant of leave from 5th October, 2000 to 28th October, 2000 with the
permission to prefix 2nd to 4th October, 2000 and suffix 29th October 2000 which are
gazetted holidays. She produces a medical certificate of unfitness for the period from 3rd
October, 2000 to 29th October, 2000. She is declared fit to resume duty from 30th October,
2000. Regulate her request for the grant of leave.
Ans.---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------.

Consequential Arrangements on Prefixing and Suffixing of holidays:

Holidays falling before or after leave do not disturb the consequential arrangements of
period of leave. Government servants are paid leave salary for the actual period of leave
and not for holidays. All other consequential arrangements such as appointments of
temporary staff etc. are to be made only for the leave period excluding holidays.
Prefixing and Suffixing of Restricted Holidays:
Restricted holidays can be prefixed or suffixed to regular leave just like a holiday.
Therefore, if a restricted holiday intervenes two spells of gazetted holidays and the

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government servant applies for the grant of leave thereafter with the request to avail
restricted holiday, such request can be entertained.
ILLUSTRATION:
12TH , 13TH AND 15TH April, 2000 are gazetted holidays. 14th is a restricted holiday. Mr. P
applies for the grant of Earned leave from 16th April, 2002 to 28th April, 2000 with the
permission to prefix 12th to 15th April, 2000. He has two restricted holidays at his credit on
the date of application.
The request of Mr.P is as per provisions of the Rules and can be entertained.

Do yourself-5:
15th November, 2000 is a restricted holiday and 16th a Sunday. Mr.J applies for the grant
of leave from 17th November to 25th November, 2000 with the permission to prefix 15th and
16th November, 2000. Regulate his request. He has two days restricted holidays at his
credit.
Ans._________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
__________________________________________________________.

Prefixing and Suffixing of Compensatory Leave:

In Unit-I we have seen that Compensatory leave can be earned in two ways. It is earned
by performing duty during extra hours on working days. It is also earned by performing
duty on Sundays and Holidays. Compensatory leave earned by performing duty on
Sundays and Holidays is to be treated as a holiday. It can, therefore, be combined with
regular leave. However, if the Compensatory leave has been earned by performing duty
for extra-hours on working days, that can not be so prefixed or suffixed.
ILLUSTRATION:
Mr. A has the following Credits of Compensatory leave:
19-04-2002 performed duty up to 21 hours
20-04-2002 performed duty up to 2100 hours
21-4-2002 performed duty for whole Sunday
28-4-2002 performed duty for whole Sunday

day
day
1 day
1 day

3rd and 4th October, 2002 are holidays and 5th and 6th restricted holidays. Again 9th and 10th
October, 2002 are holidays. He applies for Earned Leave from 11th to 16th October, 2002
with the permission to avail prefixing holidays from 3rd to 10th October, 2000 (by adding
both RHs due and 2 Compensatory leave for 7th and 8th October, 2002 earned on 21st
April, 2002 and 28th April, 2002).
The request of Mr. A is as per provisions of the Rules and can be entertained.

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Do yourself-6:
In the above illustration, presume that Mr. A had not performed duty on 28th April, 2002
and had not earned this Compensatory leave. While applying for leave he also requests to
be permitted to suffix on 7th and 8th October, 2002, the compensatory leave at his credit.
How would you have regulated the request of Mr.A.?
Ans._________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_________________________________________________________

_______________________________________________.

2.4.5

MAXIMUM SPELL OF LEAVE

Government servant cannot be allowed to remain out of office for an indefinite period.
You would like to know as to what is the maximum limit of the authorized absence
(leave) for which they can be allowed to keep away from their duties. The leave rules
do have regulatory provisions. Maximum 5 years leave is admissible to a government
servant in one spell. This includes both ordinary kinds of leave and special kinds of
leave. This will be allowed only if the government servants have so much leave to their
credit or if they are entitled to other kinds where credit is not required.
It is also to be ensured that the govt. servants give sufficient grounds for such a long
spell of leave.

In case leave in excess of 5 years is necessitated in exceptional

circumstances that can be granted only with the sanction of
The
Governor of H.P.

Leave here means one kind of leave or different kinds of leave

combined together.
Do yourself-7:
Name any 5 kinds of leave that do not require credit in leave account but which can be
sanctioned subject to fulfillment of certain conditions. Of the 5 kinds, at least two should
be from ordinary kinds. Write maximum period in respect of each for which that kind can
be sanctioned in one spell. Use the space provided to write your answer:
Ans. (1)_____________________________________________________.
(2)__________________________________________________________.
(3)__________________________________________________________.
(4)__________________________________________________________.
(5)__________________________________________________________.

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Do Yourself-8:
(1) Which one of the following can not normally be combined with regular kinds of
leave
(a) Casual Leave
(b) Special Casual Leave
(c) Compensatory leave
(2) Leave Salary means:
a) Amount payable on account of leave encashment
b) Amount payable on account of duty pay
c) Neither of the above

Do yourself-9:
List the kinds of leave that do not require credit in the account
the time of sanction.

of

Govt. servant at

Ans:

2.4.6
CURTAILMENT OF LEAVE
Leave Rules contain the following provision relating to rejoining of duty before the
expiry of full period of sanctioned leave:

When leave-sanctioning authority exercises its authority for compulsory

recall of the government servant from leave. The decision of the
sanctioning authority should be in the interest of office work. This has
already been discussed earlier in this Unit.

When govt. servants availing leave decide to curtail leave on their own
and come back for duty. As per general rule, Government servants have
to avail full leave as sanctioned to them. They cannot rejoin duty before
its expiry. However, they can be allowed by the Leave sanctioning
authority to rejoin duty before expiry of leave. The govt.servant has to
make a request for this in writing stating reasons for it. In such cases the
discretion lies with the sanctioning authority. It may refuse the
government servant to rejoin before expiry of full period of sanctioned
leave.

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2.4.6 REQUIREMENT OF MEDICAL CERTIFICATE

Leave rules contain specific provisions if the govt. servant on grounds of self-illness
applies for any or more kinds of leave. You must be processing such type of cases
frequently. As we have already discussed that such an application must have the
support of a medical certificate.
Both in case of Gazetted and non-gazetted government servants, a medical certificate
on the prescribed form is required to be submitted along with application. Two separate
forms are prescribed for medical certificate for them.. Specimen of each of these is at
Appendix-III(Gazetted) and Appendix-IV(Non-Gazetted).
ACTIVITY
Observe both the forms at appendix III &IV carefully and list out differences
between the two.

CONTENTS AND ISSUING AUTHORITY:

The Medical Certificate in respect of all categories of government servants - Gazetted
as well as non gazetted, should mention:

the nature of illness

likely duration of illness

Leave rules prescribe different medical authorities that are competent to

issue
medical certificates to gazetted and non-gazetted government servants. These are:
For Gazetted Government Servants:
The medical certificate should be from a govt. medical officer. Any medical officer of a
recognized hospital is also authorized to issue medical certificate to them. They can also
produce medical certificate issued by higher medical authority.
For Non gazetted government servants :
Non-gazetted government servants can produce medical certificate
issued by
registered medical practitioners. Registered medical practitioner can be of any system
of medicine i.e Allopathic, Homeopathic, Ayurvedic, Unani or Dentist in case of dental
ailments.
You should also keep in mind that Medical Officers cannot recommend the grant of
leave where they find that the government servant will never be able to return to duty.
In such cases the contents of medical certificate should say this fact only.

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We now want to discuss another important aspect of leave on medical certificate. The
government servants are in the habit of presuming sanction of leave on the authority of
medical certificate. This is a mis-conception. The general principle still remains
Application for leave becomes leave only when it has the proper sanction. You will
agree that Medical Certificate is not the sanction of leave and merely a
recommendation. The medical certificates are also subject to second medical opinion.
Therefore, even if government servants have been issued medical certificates, the
sanction cannot be presumed. However, leave sanctioning authorities take full
precautions while rejecting any leave application supported by medical certificate. The
most appropriate way is to seek 2nd medical opinion.
SECOND MEDICAL OPINION:
You would have also encountered cases where you feel that the medical certificate
submitted by the government servants is apparently not genuine. What do you do in
such a cases?
Let us examine the laid down provisions. There is a provision for second medical
opinion. This provision has been kept to avoid use of medical certificate that are not
genuine. Leave sanctioning authority is competent to get a govt. servant medically
examined for the 2nd time. Only Staff Surgeon or a Civil Surgeon or any higher
authority can conduct 2nd medical examination. They can also nominate any other
medical officer to conduct the 2nd medical examination.
Dear learner, when you feel that the medical certificate annexed to the leave application
to be processed/decided by you is not genuine and you want it to refer for 2nd medical
opinion, how do you get the 2nd medical opinion? Do you write to the govt. servant to
produce another medical certificate issued by any of the above authorities or you follow
certain other procedure?
The procedure laid down in the rules say that the letter must be addressed to any of the
above authority. A copy of such communication should be made available to the
government servant. The above authority will prescribe the date and time for the 2nd
medical examination.
You may find that the opinion in the original medical certificate is different from the
opinion in the 2nd medical certificate. You should go by the recommendations given in
2nd medical certificate. It is binding upon you. The government servant is also bound to
accept it.
We find one more common deviation from the rules taking place in many offices.
Government servants are in the habit of producing medical certificate at the end of
leave. Medical authorities are also issuing medical certificate of unfitness and that of
fitness on the same piece of paper. This practice forfeits the very purpose of 2nd

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medical opinion. This is also against the requirements of the rules. You know that a
medical certificate is required to be annexed to the leave application. Unless, it is so,
how leave-sanctioning authority will be able to seek 2nd medical opinion? In our
opinion, 2nd Medical Opinion is impracticable to be sought once the government
servant has been declared fit? We, therefore, suggest to get rid of the practice of issuing
twin medical certificate immediately. This will help a lot the leave sanctioning
authorities to take care of dubious medical certificates by resorting to 2nd medical
opinion.
Another bottleneck that we find in the 2nd medical opinion is that the communication
takes so much time that enables the government servant to return to duty after having
been declared fit. The time taken in seeking 2nd medical opinion should be minimized
by the use of quick means of communication e.g. Telegram, Fax, Telephone (confirmed
in writing later), W/T etc. The communication delay should not only be curtailed at the
end of Leave sanctioning authorities but also at the level of Health Department too.
Do yourself-10:
Fill in the blanks:
1.
2.
3.
4.
5.

Gazetted government servants should produce medical certificate from a

___________________________or from authorized medical attendant of a
recognized hospital.
Non-Gazetted government servants can submit medical certificate issued by a
_______________________________ .
Second medical opinion can be sought from an authority not below the rank
of______________________.
The letter seeking second medical opinion is to be addressed to the
_______________________with a copy to the ____________________.
____________ medical opinion has an overriding effect on ____________________
medical opinion.

CERTIFICATE OF FITNESS:
When a govt. servant returns to duty after the expiry of leave, a certificate of fitness is
required to be produced by him. The form prescribed for the same is at appendix V.
The govt. servant cannot be allowed to rejoin his duties unless he produces this
certificate.
The certificate of fitness should be from authorized medial attendant. In case of nongazetted government servants, the officers under whom such government servants are
posted can also accept fitness certificates issued by RMPs at discretion
Fitness certificate after availing leave on account of treatment of T.B., should only be
accepted if it is issued by:

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o
o

Pulmonary Tuberculosis:
Medical Officer In charge of a T.B. Sanitarium or a recognized T.B.
Specialist
Other than Pulmonary Tuberculosis:
Qualified T.B. Specialist or a Civil Surgeon.

LEAVE TO PERMANENTLY INCAPACITATED PERSONS :

We have seen that medical authorities cannot recommend the grant of leave where they
find the government servants to be permanently unfit for further government service.
Instead they are required to record this fact on the medical certificate.
What will you do when a government servant has submitted such a certificate to you
with the request for the grant of leave? Lets see the laid down provisions of the rules
covering such requests.
Leave sanctioning authority in such cases can grant leave to the government servants.
The grant of leave is, however, dependent upon the findings of the medical authority.
The medical authority may be unable to state with certainty that the government servant
will or will not be able to return to duty. In such cases, leave of the kind due and
admissible for a period not exceeding 12 months can be sanctioned. Such leave can be
extended only after seeking fresh opinion of the medical authority.
INVALIDATION ON PERMANENT INCAPACITATION
Dear Learner, you have seen that leave is admissible to the government servants where
medical authority is not sure of the recovery of the government servants. You may also
face a case where medical authority is of definite opinion that the government servant
has become permanently unfit for government service. What will you do in such a case
if the government servant applies for the grant of leave? Do you know that leave of the
kind due and admissible up to six months can be granted to such government servants
also? These six months will count after the date of signing of medical opinion. If the
government servant has been allowed to perform duty after the signing of medical
report, the leave will be curtailed by such number of days of duty. You can say that at
best the government servant can remain in service for 6 months after the date of signing
of report. These six months comprise duty + leave.
ILLUSTRATION:
A Government Servant is declared permanently incapacitated for further service vide
report dated 2-11-2000. The leave sanctioning authority receives the report on 6-11-2000.
The government servant who is yet to be relieved, requests on 10-11-2000, for the grant of
maximum leave due and admissible.
Leave can be sanctioned to the government servant up to 1-5-2001 if due and admissible.

116

So far we have discussed the cases of requests for leave of those government servants:
o
o

Where medical opinion is uncertain about permanent incapacitation; and

Where medical opinion is certain on permanent incapacitation.

You may encounter a case where the medical opinion is definite on permanent
incapacitation and the government servant is either on duty or on leave. How will you
process/decide the case if the government servant on duty does not request for the grant
of leave? Another case may be that the government servant who is on leave on the date
of medical report, does not request for the grant of extension of leave. Naturally such a
person cannot be retained in service and needs to be invalidated. You should, therefore,
take the following steps:
p

If such a person is on duty, arrange his/her immediate relief. The

invalidation in such cases will take place from the date of relief
of the government servant. It does not mean that the person
should not be retained in service even for a day. The requirement
of the rules is simple. You should not prolong the stay of such a
person than it is absolutely necessary. You have already seen that
such a person can be sanctioned leave also. The duty + leave
beyond the date of medical report cannot exceed 6 months here.
If leave is granted, the invalidation will take place from the date
of expiry of leave.

ILLUSTRATION:
(1) A Government servant is declared permanently incapacitated for further service as per
report of medical authority dated 3-3-2002. The report is received in the office of leave
sanctioning authority on 7-3-2002. The government servant does not apply for any leave
and the leave sanctioning authority relieves him/her from 10-3-2000.
Invalidation takes effect from 10-3-2000.
(2) In illustration (1) above, the government servant is having 300 days of Earned Leave
and 532 days of HPL on the date the medical report is received in the office. He applies for
the grant of commuted leave from 8-3-2002 for the maximum admissible period.
Commuted leave will be sanctioned up to 2-9-2002. The government servant will stand
invalidated from 3-9-2002.

If such a person is already on leave and does not seek extension

of leave, he/she will be invalidated on the expiry of leave. If the
government servant applies for extension of leave, the
invalidation will take place from the date of extension of leave.

117

You are already aware of the fact that duty + Leave (including
extension of leave) cannot exceed 6 months beyond the date of
medical report.
ILLUSTRATIONS:
(1)
A government servant who is declared permanently incapacitated for
further service vide report dated 5-7-2001, is already on leave up to 21-8-2001. The report
is received in the office of the leave sanctioning authority on 7-7-2001. The government
servant does not seek any extension of leave. He/she will stand invalidated from 22-8-2002.
(2) In the illustration (1) above, the government servant applies for the grant of leave of
the kind due and admissible for the maximum period.
The government servant can at best be sanctioned extension of leave up to 4-1-2002.
He/she will stand invalidated from 5-1-2002.

2.4.8
OVERSTAYAL OF LEAVE:
You are aware that leave does not become leave unless it is sanctioned by the leave
sanctioning authority. You come across many cases where government servants request
for the grant of extensions of leave. Where leave sanctioning authorities are not
satisfied, they can refuse the extensions. If a request for extension of leave is rejected,
this becomes a case of absence after the expiry of leave, known as overstayal of leave.
Disciplinary action can be taken against those government servants who do not resume
duty on due date after the expiry of leave. In addition to any disciplinary action, the
period of overstayal of leave is to be debited to Half-Pay leave account. No leave salary
is payable for such debit.
If no half-pay leave is due, the period of overstayal will be treated as extra-ordinary
leave. If Half-Pay leave is available only for covering a part of period of overstayal,
debit will first go to the Half-Pay leave account and only rest of the period will be
treated as Extra-Ordinary leave.
You would have observed that no leave salary/salary becomes payable when
government servants overstay leave. The period is to be treated as Half-Pay leave and/or
as Extra-Ordinary Leave. In the normal course, Half-Pay leave carries leave salary as
on Earned Leave. This is not payable in cases of overstayal. We will discuss in our
module on Pension Rules how does a period of service without salary or leave salary is
treated while calculating qualifying service for the Pensionary benefits. To be short
here, you should take care that the entire period of such Half-Pay leave and ExtraOrdinary Leave becomes a dies non period i.e. period of no service. This is to be
excluded as such for our calculations of qualifying service, increment and earning of
leave. If it is treated as Extra-Ordinary Leave, the effect remains the same since this
kind of leave does not qualify for any of these purposes.

118

PROCEDURE:
The rules prescribe the following procedure for dealing with the cases of overstayal of
leave:

You have seen that entitlements of Temporary government servants for

Extra-Ordinary leave are limited. If temporary government servants
request for leave in excess of these limits on exceptional grounds, the
leave sanctioning authority can take up the case with their Heads of
Departments for consultations with Finance Department. With the
consent of the later further leave can be sanctioned.

When the circumstances indicated by the temporary

government
servants are not exceptional in the eyes of the leave sanctioning
authority, the leave cannot be granted. It should, therefore, issue a notice
to the government servant to re-join duty. The notice should have a
specific date by which the duty should be rejoined. It should also be
made clear to him that in case of non-compliance of the notice,
disciplinary action will be taken against him/her. If the government
servant rejoins by that date, he should be taken back in service. The
period in excess of sanctioned leave till rejoining of duty in such cases
should be treated as overstayal.
If the government servant does not rejoin duty within the date specified
in the notice, the leave sanctioning authority is free to initiate
disciplinary action. At this stage you will find that the government
servant has also misconducted in disobeying the notice also which itself
is a good reason for disciplinary action., It may happen that the
government servant returns to duty during the course of such
proceedings. He/She should be taken back in service. Disciplinary
proceedings will continue and are to be concluded quickly. The period of
overstayal of leave in such cases should be decided only after
finalization of the inquiry.

You should be clear in mind that the Absence and Overstayal are two
distinct terms and should not be used interchangeably. Overstayal is one
where government servant does not rejoin after having availed
sanctioned leave. To the contrary, absence is one where government
servants absent themselves. Overstayal is preceded immediately by leave
and absence by duty. Rules envisage different actions for both. Absence
constitutes break in service. This results in forfeiture of the entire past
service. However, this is not the case with overstayal of leave.
Overstayal is to be debited to Half-Pay leave account to the extent
possible but without leave salary , rest being treated as Extra-Ordinary
leave. Of course, disciplinary proceedings can be resorted in either of the

119

cases of absence or overstayal. Another important point here is that rules

do not make any distinction whether or not the government servant has
applied for leave/extension of leave before availing it. Both are to be
covered as wilfull/unauthorised absence.

It may happen that a government servant absents abruptly or avails

leave(not extension of leave) without sanction or where leave is refused
to be sanctioned in public interest. Such a government servant should
also be issued notice conveying the consequences of absence including
that of loss of pay and treatment of the period as break in service. If
he/she rejoins before or after the initiation of disciplinary proceedings,
he/she should be taken back. Disciplinary action will continue in such
cases. After finalization, the period can be treated as one without pay
resulting in break in service. Condonation of break should be considered
only after government servant requests for the same.

The above provisions should not be resorted to where the leave

sanctioning authority finds the reasons of overstayal or absence as
genuine and exceptional. Leave may be sanctioned in such cases.

2.4.9

EFFECT OF DISCIPLINARY PROCEEDINGS ETC.

The government servants under the following circumstances does not have any claim to
leave at their credit:

Termination of service;

Compulsory retirement;

Pre-mature retirement;

Resignation.
This provision, however, does not apply to determine the leave encashment entitlement.
That has been discussed under the Sub-Sections on Earned Leave and Half-Pay leave in
the Ist Unit. Leave at credit also does not cease:

in case the resignation is on account of appointment in any other

department of the State govt. This is applicable only if the govt. servant
had sent
application through proper channel. This is termed as
technical resignation; or
in case the govt.servant is reinstated into service after being dismissed or
removed; or

i.e it is allowed to be carried forward

120

in case the govt. servant was retired on compensation or invalid pension

and is re-employed. This will apply only if
past service of the
government servant counts for pension on re-employment

Do yourself-11:
TICK THE RIGHT ANSWER
1.

Leave at credit of a govt. servant ceases with the termination of his

.
True/False

2.

Amendments in Leave Rules become applicable even during the currency of

leave period
True/False

3.

Technical resignation is a resignation submitted for the purpose of obtaining

employment elsewhere in the government with permission of appointing
authority.
True/False

4.

Past service rendered does not count in any case if the re-employment is after
invalidation.
True/False

2.4.10

services

SERVICE/EMPLOYMENT ETC. WHILE ON LEAVE

By now you have become familiar with various conditions upon which the leave
entitlement of government servant depends. Do you know that government servants
while on leave remain govt. servants? They should not ordinarily be allowed to accept
any profit of office etc. elsewhere.
These provisions do not apply where a government servant takes (special) ExtraOrdinary Leave with a view to seek employment elsewhere. You are already aware of
this special scheme of the government that we have discussed under Extra-Ordinary
Leave in Unit-I.
In other cases of employment etc. during leave, the Rules contain the following
provisions to regulate such requests:

Government servants who are on leave cannot take any service or

employment elsewhere. They also cannot set up a private professional
practice during leave.
Government servants on leave can undertake limited private practice
with the permission of the Government. They can also be allowed to
undertake casual literary work or service as an examiner or similar
employment.

121

A government servant can also be allowed to accept a service or

employment:
o
o

Abroad with the sanction of the Governor of H.P.

In India, by the appointing authority

Govt.servants should not ordinarily be permitted to accept employment or service in

India or abroad. Instead, they should either get their services transferred to the new
Department/office or should resign.

2.5

Government servants on leave preparatory to retirement can be granted

permission to join a public sector undertaking or an autonomous
organization on the condition that leave salary remains the same. He
cannot be permitted to take up private employment while on leave
preparatory to retirement.

MAINTENANCE OF LEAVE RECORDS

You are now aware that leave availability is not unlimited. This necessitates the
maintenance of leave accounts of individual employees. You must be maintaining the
leave account of various employees posted in your office. How do you keep their
account for different kinds of leave? You know that there is a prescribed form [Form
No.2 of C.C.S. (Leave) Rules, 1972] for keeping the account of some kinds of leave..
Please go through the same carefully and list out various points emerging there from.
Have you observed that this form is basically meant only for two types of leave i.e.
Earned Leave and Half pay leave? In the previous unit you have learnt that these are
the only kinds of leave under the leave rules, which are earned by a govt. servant during
service. Leave not due and commuted leave are debitable to half pay leave account.
These are not earned.
As per instructions of the govt., account of casual leave, special casual leave and
Compensatory Leave is required to be kept separately on a register. This is so because
these are not recognized kinds of leave.
How do you keep the leave account when a govt. servant is sanctioned leave of any
other kind? Do you make an entry in the leave account only? If it is, you are following
the right procedure. Only an entry giving full particulars of the leave of any other kind
sanctioned is required to be made in the service record. The entries made in the leave
account are to be attested by the leave sanctioning authority. You should get them
attested simultaneously with the sanction of leave.

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Lets now discuss how to fill up the form prescribed in the rules for the maintenance of
Earned Leave, Half-Pay Leave, Commuted Leave and Leave Not Due. You have
already gone through various contents of this form. Take a copy of the form and place it
before you before proceeding further.
We hope the copy of the form is before you now. Lets first take up the credits of
Earned Leave and Half-Pay leave. First of all, you are to fill up Column Nos. 11 and 35
in case of existing employees. These are the opening balances. Remember, opening
balance in Col.No.11 cannot exceed 300 days. Any bracketed figure is not to be taken
as opening balance.
You know the quantum of gross credit of Earned Leave for different categories of
employees. You are also aware of the quantum of gross credit of Half-Pay leave. It is
also known to you that credit in respect of both of these kinds is to be allowed in
advance on the commencement date of the half-year or the date of entry into service of
the newly recruited government servants, as the case may be. Columns 1 & 2 of this
form pertain to the months of the half-year (January-June and July-Dec.) to which this
gross credit pertains. From means the date of commencement of half-year(January,
July or the date of entry into service) and to means the date of close of the halfyear(June, December or the month of Cessation, Retirement. Death etc.).
You are aware that credit in both kinds of leave is to be afforded only for completed
months of service in the half-year. For the credit of Earned Leave, enter the number of
completed months in Column No.3 and that for Half-Pay leave in Column No.12. You
also know rate of credit for both the kinds. Apply the same and enter the gross credit
figure in Column No. 4 & 13 respectively. You have completed the gross credit figures
for both the kinds of leave.
While discussing these kinds in Unit-I, we have seen that this gross credit of Earned
Leave is reduced by a 1/10th of EOL and Dies Non periods during immediately
preceding half-year. Similarly the gross credit of HPL is reduced by 1/18th of the
periods of dies non during the previous half-year. In col. No.5, you are to fill up the
number of such EOL/Dies Non and in column No.14, the days of dies non only.
Column No.6 and 15 are meant for entering the figures of reduction in respective
account Remember if this is a figure with fraction, it is not to be rounded at this stage.
You will now fill up the total leave at credit on the opening day of the half-year.
Col.No.7 and 16 are meant for this. Figure in Col.No.7 is the outcome of totals of
Col.11+Col4 reduced by Col.6. Similarly, figure in Col.No.16 is the result of Col.
34+Col.. 14 reduced by col. .15). If figures in Col.No.7 or 16 contain a fraction, then
round the same to the nearest day. Further, you know that figure in Col.No.7 can at
maximum be 300 + (15).
Col.Nos.8 to 10 and 17 to 36 are meant for affording debit of both these kinds. We
believe you are yourselves able to fill up these.. You are now to take care of one

123

important point while debiting the leave. If the availed periods of leave spread over to
two half-years, debits for each half-year will be given separately. The golden principle
in this case to be followed is Credit always precedes the debit, leave not due being an
exception. You are already familiar with this concept.
We have seen that entries of other kinds of leave are made in available spaces in the
leave account without following a system. This is not a healthy practice from the
viewpoint of checking as well as future needs. Each and every kind of regular leave
availed should be entered in-between the entries of two half-years i.e. below the halfyear to which it pertains and above the next half-year. This will provide you to see the
entire spell of leave taken by the government servants during any particular half-year at
one place. Lets take an illustration.
ILLUSTRATION:
The following are the particulars of a male government servant of a non-vacation Department.
Closing Balance of E.L. on 31-12-2001 15 days
Closing balance of HPL on 31-12-2001 nil
EOL from 3-9-2001 to 15-9-2001 on domestic affairs.
E.L. from 2-1-2002 to 27-1-2002
EOL from 5-3-2002 to 25-3-2002
Paternity Leave 26-3-2002 to 9-4-2002
Half Pay leave from 10-4-2002 to 15-4-2002
The posting of leave account should appear as under. Please read
with the columns of the Form of Leave account.

124

10 11 12 13 14 15 16 17

18

19 34 35

15

--

10

10

Availed EOL on domestic affairs

from 5-3-2002 to 25-3-2002 = 21 d
The period does not count
purpose.

31-12-2002

1-7-2002

Availed Paternity Leave fo

first child, from 26-3-2002
to 9-4-2002 = 15 days

15-4-2002

26 1

-10-4--2002

15 13 1.3 27

27-1-2002

2-1-2002

30-6-2002

1-1-2002

--

2.6 SUM UP
Dear Learner, you are quite familiar by now with the various kinds of leave. You are
now well equipped with the procedure and regulations which govern them. This will
definitely help you in your routine working while processing the leave cases in your
office. Your advice to the leave sanctioning authorities will help them to take right
decisions. This will also help you in your career advancement. Are you not feeling
enriched and comfortable to come up to the expectations of your superiors? But keep
one thing in mind. Change is the law of the nature. These rules and regulations also
keep on changing to meet needs of different times. We hope that you will keep
yourself abreast with the changes to keep up the pace.

125

Next and last in our series on Service rules is another important module Pension
Rules. In Pension Rules, we will cover the calculation of the different Pensionary
benefits. We will also cover the method of their payment where government servant
dies before receiving the amount. The Module also takes care of the family pension.
The Module also embodies other topics of interest to you. We believe that you will like
to go through the same after having worked on our two modules module on Pay
fixation and the module on Leave Rules.
2.7 POINTS TO REMEMBER:

There are prescribed forms for leave application and medical certificates.
Leave cannot be claimed as a matter of right
Title of leave applied for cannot be changed by leave sanctioning
authority
Kind of leave already availed can be allowed to be changed at discretion
of leave sanctioning authority subject to fulfillment of certain conditions.
Different kinds of leave can be combined together
Request for leave on medical grounds should be supported with a
medical certificate.
Requirement of production of medical certificate can be waived by leave
sanctioning authority for leave for a period up to 3 days. Leave without
medical certificate will not be treated as leave on medical grounds.
If government servants want to rejoin duty before expiry of full period of
sanctioned leave, he/she should seek prior permission of the leave
sanctioning authority. Such permission can be refused at discretion by
the latter.
In dismissal, removal etc, the govt. servant does not have any claim to
the balance leave
Earned Leave and Half Pay Leave may be encashed under certain
circumstances
A govt. servant is normally not to be allowed to employ himself
elsewhere during leave.
Leave is not to be granted to a government servant whom the
disciplinary authority has decided to dismiss, remove or compulsory
retire. It is also not to be granted to a person under suspension.
Absence from duty constitutes break in service. Unless the break is
condoned by the competent authority, the entire past service of the
government servant stands forfeited.
Overstayal of leave unless regularized by the leave sanctioning authority
is to be debited to Half-Pay leave account to the extent HPL is due. The
remaining period is to be treated as Extra-Ordinary Leave. No leave
salary is payable for the period debited as HPL.
A government servant can be proceeded against departmentally also in
addition to above actions, for absence or overstayal.

126

2.8

SELF ASSESSMENT QUESTIONS:

State whether the following statements are true of false:

1.
Form of medical certificate for gazetted and non-gazetted government
servants is same

T/F

Leave can be sanctioned without verification of title under certain

circumstances

T/F

Leave sanctioning authority is bound to accept the medical certificate

submitted by the government servants
Kind of leave already sanctioned can be altered on request of the
government servant
Benefit of leave encashment is allowed on dismissal

T/F

One can rejoin duty before expiry of leave without permission of Leave
Sanctioning authority
Encashment of leave is allowed only for earned leave

T/F

T/F

Government servant while on leave preparatory to retirement can not be

allowed to take private employment
A govt. servant can take only one kind of Leave in one spell

10

Casual leave can always be availed without sanction.

T/F

4
5
6
7
8

2.9.

T/F
T/F

T/F

T/F

ANSWERS TO SELF-ASSESSMENT AND IN TEXT QUESTIONS:

2.9.1
Answers to Self-Assessment Questions:
TRUE: (b), (d) and (h)
FALSE: (a), (c), (e), (f), (g), (i) and (j)
2.9.2

Answers to In-Text Questions:

Do yourself-I: Her request cannot be entertained as she did not apply for conversion of
the kind of leave within one month from the date of return to duty.
Do Yourself-2: Although the request has been submitted within one month, yet the
conversion is the discretion of the leave sanctioning authority. The action of leave
sanctioning authority is, therefore, within its authority.

127

Do yourself-3: (1) to (3): Only day casual leave can be combined with any regular
kind of leave under special circumstances.
Do yourself-4: The entire period covered by medical certificate i.e. from 3rd October to
29th October is to be treated as leave on medical certificate. Since the leave is already
sanctioned, such conversion is at the discretion of leave sanctioning authority.
Do yourself-5: Restricted leave can be sanctioned for 15th and it can be prefixed to
regular leave.
Do Yourself-6: Restricted leave could have been sanctioned for 5th and 6th and one day
compensatory leave for 7th. Her leave would have commenced from 8th. The other
compensatory leave cannot be allowed to be prefixed/suffixed as a holiday because it
was earned in lieu of extra-hours of duty and not on a holiday.
Do yourself-7: See the respective kind in Unit-I. Leave Not Due and Extra-Ordinary
Leave under Ordinary Kinds of leave do not require any credit at the time of sanction.
Do yourself-8: 1 (a). 2(c)
Do yourself-9: Barring Earned Leave, Half-Pay leave and Commuted leave, no other
regular leave requires credit in leave account at the time of sanction. Of course, the
leave can be sanctioned only if it is admissible otherwise.
Do yourself-10: 1. Government medical officer, (2) Registered Medical Practitioner,
(3)Civil Surgeon/Chief Medical Officer, (4)Civil Surgeon, Government Servant, (5) 2nd,
Ist.
Do Yourself-11: 1- True, 2 -False, 3 -True, 4 -False.
2.10

APPENDICES:

Appendix -I

Form of Application for leave

Appendix-II

Authorities competent to sanction leave

Appendix-III

Form of Medical certificate for Gazetted government servants

Appendix-IV

Form of Medical Certificate for Non-Gazetted Government

servants

Appendix-V

Medical Certificate of Fitness

128

APPENDIX-I
FORM OF APPLICATION FOR LEAVE OR EXTENSION OF LEAVE
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Name of the applicant

Post held
Department, Office and Section
Pay
House Rent and other compensatory
allowances drawn in the present post
Nature and Period of leave applied for and date
from which required
Sundays and holidays, if any, [proposed to be
prefixed/suffixed to leave
Grounds on which leave is applied for
Date of return from last leave and the nature
and period of that leave
I propose/do not propose to avail myself of
leave travel concession for the block
years___________during the ensuing leave.
Address during the leave period

Signature of the applicant with date

12. Remarks and/or recommendation of the
Controlling Officer
Signature with date
Designation
CERTIFICATE REGARDING ADMISSIBILITY OF LEAVE
13. Certified
that
_____________(Nature
of
leave)
for
________(Period)
from___________to____________ is admissible under Rule________of the Central civil Services
(Leave) Rules, 1972.

14. Orders of the authority competent to grant leave.

Signature with date

Designation

Signature with date

Designation

If the applicant is drawing any compensatory allowance, it should also be indicated in the orders on the
expiry of leave, the Government servant is likely to return to the same post or to another post carrying
similar allowance.

129

APPENDIX-II
AUTHORITIES COMPETENT TO GRANT LEAVE
Sr.No.

Kind of leave

Authority competent to grant leave

Earned Leave,
Half-Pay leave,
Commuted Leave,
Leave Not Due,
Extra-Ordinary
Leave, Maternity
Leave, Hospital
Leave

(i)
(ii)
(iii)
(iv)

2.

Special Disability
leave

(i) Department of the Government

(ii) Head of Department
(iii) Appointing authority

3.

Study Leave

(v)

Department of the Government

Head of department
Appointing authority
Any other authority to whom any of the above
authorities may delegate powers to sanction the
leave.
In the case of government servants on foreign
service:
(a) authority which sanctioned the transfer to
foreign service
(b) Foreign employer upto 120 days. In case of
grant or refusal of leave preparatory to
retirement, prior permission of the lending
authority required.

Department of the Government

130

APPENDIX III
MEDICAL CERTIFICATE FOR GAZETTED OFFICERS RECOMMENDED
LEAVE OR EXTENSION OF LEAVE OR COMMUTATION OF LEAVE

SIGNATURE OF THE GOVERNMENT SERVANT_________________________

I, ____________________________after careful personal examination of the case
hereby certify that Shri/Shrimati/Kumari_______________________whose signature is
given above, is suffering from________________and I consider that a period of
absence from duty of_____________with effect from_____________________is
absolutely necessary for the restoration of his/her health.
Civil Surgeon/Staff Surgeon/Authorized Medical Attendant
_______________________________________Dispensary
Dated_____________________
This form should be adhered to as closely as possible and should be filled in after the
signature of the government servant has been taken. The certifying officer is not at
liberty to certify that the Government servant requires a change from or to a particular
locality or that he is not fit to proceed to a particular locality. Such certificates should
only be given at the explicit desire of the administrative authority concerned to whom it
is open to decide, when an application on such grounds has been made to him, whether
the applicant should go before a Civil Surgeon/Staff Surgeon/Authorized Medical
Attendant to decide the question of his/her fitness for service.
No recommendation contained in this certificate shall be an evidence of a claim to any
leave not admissible to the government servant.

131

APPENDIX IV
MEDICAL CERTIFICATE FOR LEAVE OR EXTENSION OF LEAVE OR
COMMUTATION OF LEA VE FOR NON-GAZETTED GOVERNMENT
SERVANTS
Signature of the Government servant___________________________________
I, ____________________________after careful personal examination of the case
hereby certify that Shri/Shrimati/Kumari_______________________whose signature is
given above, is suffering from________________and I consider that a period of
absence from duty of_____________with effect from_____________________is
absolutely necessary for the restoration of his/her health.
Authorized Medical Attendant
______________Dispensary
or other Registered Medical Practitioner
Dated_____________________
This form should be adhered to as closely as possible and should be filled in after the
signature of the government servant has been taken. The certifying officer is not at
liberty to certify that the Government servant requires a change from or to a particular
locality or that he is not fit to proceed to a particular locality. Such certificates should
only be given at the explicit desire of the administrative authority concerned to whom it
is open to decide, when an application on such grounds has been made to him, whether
the applicant should go before a Civil Surgeon/Staff Surgeon/Authorized Medical
Attendant to decide the question of his/her fitness for service.
Should a second medical opinion be required, the authority competent to grant leave
should arrange for the second medical examination to be made at the earliest possible
date by a medical officer not below the rank of a Civil Surgeon or Staff Surgeon, who
shall express an opinion both as regards the facts of illness and as regards the necessity
for the amount of leave recommended and for this purpose he may either require the
Government servant to appear before himself or before a medical officer nominated by
himself.
No recommendation contained in this certificate shall be an evidence of a claim to any
leave not admissible to the government servant.

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APPENDIX- V
MEDICAL CERTIFICATE OF FITNESS TO RETURN TO DUTY
Signature of the Government Servant _________________________________
We, the members of Medical Board
------------------------------------------I, _______________Civil Surgeon/Staff Surgeon
-------------------------------------Authorized Medical Attendant
-------------------------------------Registered Medical Practitioner
Of ______________________do hereby certify that we/I have carefully examined
Shri/Shrimati/Kumari______________________whose signature is given above, and
find that he/she has recovered from illness and is now fit to resume duties in
Government service. We/I also certify that before arriving at this decision, we/I have
examined the original medical certificate(s) and statement(s) of the case(or certified
copies thereof) on which leave was granted or extended and have taken these into
consideration in arriving at our/my decision.
Members of the Medical Board
(1)________________________
(2)________________________
(3)________________________
Civil Surgeon/Staff Surgeon
-------------------------------------Authorized Medical Attendant
-------------------------------------Registered Medical Practitioner
Dated____________________
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 authority required to issue
the above certificate. For this purpose, the original certificate(s) and statement(s) of the
case should be prepared in duplicate, one copy being retained by the Government
servant concerned.

133

ANNEXURE-A
Validation Workshop on Development of Modules
For
Leave Rules
LIST OF RESOURCE PERSONS
Sl. No.
1.

Name & Designation

Dr. Desh Deepak, IAS.,
Director,
HP Institute of Public Administration,
Fairlawns, Shimla-12.

Shri V.K. Sood,

Retired Controller(F&A),
Department of Personnel,
HP Secretariat, Shimla-2.

Shri H.R. Verma,

Deputy Controller(F&A),
HP Tourism Development Corporation,
Shimla-1.

Shri B.D. Lath,

Audit Officer,
National Academy of Audit & Accounts,
Shimla-4.

Shri B.M. Gupta,

Assistant Controller (F&A),
HIPA, Shimla-12.

Shri S.S. Panwar,

Programme Officer, UNDP-ATI,
HP Institute of Public Administration,
Fairlawns, Shimla-12.

134

ANNEXURE- B
Editing Board
On
Development of Modules
For
Leave Rules
Sl. No.
1.

Name & Designation

Dr. Desh Deepak, IAS.,
Director,
HP Institute of Public Administration,
Fairlawns, Shimla-12.

Dr. Kailash Walia,

Retired Principal,
Flat No. 228, Below BCS,
New Shimla-9.

Shri B.M. Gupta,

Assistant Controller (F&A),
HIPA, Shimla-12.

Shri S.S. Panwar,

Programme Officer, UNDP-ATI,
HP Institute of Public Administration,
Fairlawns, Shimla-12

135

ANNEXURE C
PILOT RUN WORKSHOP
ON
LEAVE RULES
LIST OF PARTICIPANTS
Sr.No.
Name & Address of Participant
1.
Shri Devinder Dutt, Lecturer,
Government Sr.Sec.School, Junga, District Shimla, H.P.
2
Shri K.C. Thakur, Superintendent(Estt.)
O/o E-in-Chief, HPPWD, US Club, Shimla-171001.
3
Shri Ramesh Chauhan, Section Officer(Personnel),
H.P. Secretariat, Shimla-171002.
4
Shri Suresh Chand, Sr.Assistant
(CM-A) Section, H.P. Secretariat, Shimla171002.
5
Shri Hemant Sharma, Sr.Assistant,
H.P.Public Service Commission, Shimla171002.
6
Shri Prem Lal Sharma, Sr.Clerk,
H.P.Institute of Public Administration, Shimla-171012.
7
Shri Mohinder Singh, Sr.Assisatant,
Capital Treasury, Shimla-171002.
8
Shri Roop Singh Dhiman, Superintendent,
Tgehsil Oficer(Sadar), Bilaspur(H.P.)
9
Shri Mast Ram Verma, Superintendent Gr.I
Directorate of Urban Development, H.P. Shimla-171002.
10
Shri B.S. Thakur, Superintendent,
Cooperative Department, H.P.Shimla-171009
11
Shri B.R. Verma, Sr.Assistant,
Directorate of Economics and Statistics, H.P. Shimla-171009
12
Shri H.C. Mehta, Superintendent Gr.I
Directorate of Ayurveda, H.P. Shimla-171009
13
Shri D.S. Verma, Planning Officer,
Department of Planning, H.P. Shimla-171009
14.
Smt.Bimla Negi, Jr.Assistant,
Directorate of Primary Education, H.P.Shimla-171001.

136