Save as otherwise provided in these rules, these rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the Union, but shall not apply to-

These Rules SHALL NOT Apply To

Railway servants - Have separate Railway Service Leave Rules
Persons in casual or daily-rated or part-time employment - Different employment terms with no regular establishment
Persons paid from contingencies - Salaries drawn from contingency funds, not regular budget
Workmen employed in industrial establishments - Governed by Industrial Disputes Act and Factories Act
Persons employed in work-charged establishments - Salaries charged to specific works/projects
Members of the All India Services - IAS, IPS, IFoS have separate AIS Leave Rules
Persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries - Local hires at missions abroad
Persons employed on contract except when the contract provides otherwise - Contractual employees unless contract specifies applicability
Persons in respect of whom special provisions have been made by or under the provisions of the Constitution or any other law for the time being in force - Those under special constitutional/statutory provisions
Persons governed, for purposes of leave, by the Fundamental Rules or the Civil Service Regulations - Pre-existing leave frameworks continue
Persons serving under a Central Government Department, on deputation from a State Government or any other source, for a limited duration - Deputationists retain parent cadre rules

Scope: Applies to all Central Government civil servants in Union affairs except the 11 excluded categories above. Most important exclusions: Railway servants, All India Services, and contractual employees.

RULE 3 Definitions

(1)

In these rules, unless the context otherwise requires-

(a)

Administrator

Administrator means an Administrator of a Union Territory.

Refers to administrative heads of Union Territories: Andaman & Nicobar Islands, Lakshadweep, Dadra & Nagar Haveli and Daman & Diu, Chandigarh, and Ladakh. Exercises executive powers for UTs without elected legislatures.

(b)

Audit Officer

Audit Officer means the Accounts and Audit Officer, whatever his official designation, in whose circle the office of the Government servant is situated.

⚠

Designation may vary (Principal Accounts Officer, Pay & Accounts Officer, etc.) but refers to the audit authority having jurisdictional control over the geographical area of the government servant's office. Responsible for leave account audit.

(c)

Authority competent to grant leave

Authority competent to grant leave means the authority specified in Column (3) of the First Schedule to these rules, competent to grant the kind of leave specified in the corresponding entries in Column (2) of the said Schedule.

Leave Sanctioning Authority Matrix

Sanctioning powers are delegated hierarchically based on leave type. First Schedule provides the matrix: Column 2 lists leave types, Column 3 lists competent authorities. Different leaves require different approval levels (e.g., Casual Leave by immediate superior vs. Study Leave by higher authority).

(d)

Completed years of service or one year's continuous service

"Completed years of service or one year's continuous service" means continuous service of specified duration under the Central Government and includes the period spent on duty as well as on leave including extraordinary leave.

✓

Period on duty counts

✓

All regular leave types included

✓

Extraordinary leave also counts

✗

Break in service resets counter

Significance: Critical for eligibility of LTC, study leave, leave encashment. Unlike many rules, even extraordinary leave (unpaid) counts. Service must be continuous - resignation or dismissal resets to zero on rejoining.

(e)

Date of retirement or date of his retirement

"Date of retirement" or "date of his retirement" in relation to a Government servant, means the afternoon of the last day of the month in which the Government servant attains the age prescribed for retirement under the terms and conditions governing his services.

MOF NOTIFICATION

Date of Retirement Clarification

Notification No. 5(7)-E.IV(A)/75 dated 02.12.1975

Clarifies retirement occurs on afternoon of the last day of the month (not on birthday). Employee born 15th January attaining 60 years retires on afternoon of 31st January, enabling full month's leave, salary, and proper retirement formalities.

Key Point: Retirement time = Afternoon (traditionally 3:00 PM) of last day of month of superannuation. Employee can avail leave for entire month and receive full month's benefits.

(f)

Department of the Central Government

Department of the Central Government means a Ministry or a Department of the Central Government as notified from time to time and includes the Planning Commission, the Department of Parliamentary Affairs, the President's Secretariat, the Vice-President's Secretariat, the Cabinet Secretariat and the Prime Minister's Secretariat.

Ministries/Departments: All regular ministries per Government of India (Allocation of Business) Rules

Planning Commission: Now replaced by NITI Aayog

Department of Parliamentary Affairs: Coordinates government business in Parliament

President's Secretariat: Assists President in constitutional functions

Vice-President's Secretariat: Supports VP and ex-officio Rajya Sabha Chairman

Cabinet Secretariat: Apex body coordinating inter-ministerial matters (includes RAW, SPG)

Prime Minister's Secretariat (PMO): Staff support to Prime Minister

(fa)

Disability

"disability" means "specified disability", "benchmark disability" and "disability having high support needs" as referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016).

DOPT NOTIFICATION

Disability Categories Insertion

Notification No. 18017/l/2014-Estt. (L), dated 03.04.2018

Clause inserted in 2018 to align with RPwD Act 2016, recognizing modern disability understanding and providing legal basis for disability-related leave provisions, medical leave extensions, and special accommodations.

Disability Category	Definition (RPwD Act 2016)	Leave Implications
Specified Disability	21 specified conditions: blindness, low vision, hearing impairment, locomotor disability, autism, etc.	Eligible for disability-specific leave benefits
Benchmark Disability	Disability ≥40% certified by medical board	Enhanced leave benefits, relaxations in leave rules
High Support Needs	≥80% disability with multiple conditions requiring high support for daily activities	Maximum leave concessions and special provisions

(g)

Foreign service

Foreign service means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any State [or the Consolidated Fund of a Union Territory].

⚠

Critical Distinction: "Foreign Service" does NOT mean foreign country posting. Determined solely by salary payment source. If paid from sources OTHER than the three Consolidated Funds, it's foreign service regardless of location.

Foreign Service Examples

Deputation to PSUs where salary paid by PSU
Autonomous bodies (ICMR, CSIR) with independent funding
International organizations (UN, WHO, World Bank) on their payroll
State PSEs paying the salary
Statutory authorities with independent budgets
Private sector under government schemes

Leave Account: During foreign service, leave account maintained by parent (lien-holding) department. Leave earned per deputation terms but terminal benefits calculated per parent cadre rules.

(h)

Form

Form means a Form appended to the Second Schedule to these rules.

Second Schedule contains standardized proformas for leave applications and certificates ensuring uniformity across all Central Government departments.

(i)

Government servant in quasi-permanent employ

Government servant in quasi-permanent employ means-

(A)

An officer who, having been declared by the Union Public Service Commission to be eligible for appointment to the ministerial Services of the Government of India, has been appointed to a temporary or officiating vacancy on the understanding given to him in writing before he took up the appointment, that that vacancy is expected to become permanent but is not confirmed after completion of three years continuous service.

(B)

An officer who may be declared as quasi-permanent under the Central Civil Services (Temporary Services) Rules, 1965.

①

UPSC-declared eligible for ministerial services

②

Written assurance vacancy will become permanent

③

Appointed to temporary/officiating vacancy

④

Not confirmed after 3 years continuous service

Quasi-Permanent Status

Transitional category between temporary and permanent providing job security and leave benefits similar to permanent employees. Prevents indefinite exploitation of temporary status after substantial service (3 years). Protects from arbitrary termination while permanency process is pending.

(j)

Government servant in permanent employ

Government servant in permanent employ means an officer who holds substantively or provisionally substantively a permanent post or who holds a lien on a permanent post or who would have held a lien on permanent post had the lien not been suspended.

Status	Meaning	Example Scenario
Substantively holding	Confirmed in permanent post and currently working in it	Assistant confirmed and working in own post
Provisionally substantively	Substantive appointment but confirmation provisional pending condition	Confirmed subject to passing departmental exam within 2 years
Holds lien	Has permanent post but not currently working in it	Officer on deputation/foreign service retaining parent post
Lien suspended	Lien temporarily suspended but would exist otherwise	Appointed to another post on probation; original lien suspended

Lien Concept: Permanent right to hold a post ensuring return after temporary assignments. Even while working elsewhere (higher post, deputation), holding lien makes one a "permanent employee" for leave calculations. Lien suspended during probation in another post but revives if probation unsuccessful.

(k)

Head of Mission

Head of Mission means Ambassador, Charge d' Affaires, Minister, Consul-General, High Commissioner or any other authority declared as such by the Central Government, in the country in which the Government servant undergoes a course of study or training.

Application Context: Relevant for government servants on study leave or training abroad. Head of Mission acts as administrative authority for monitoring attendance, certifying study completion, verifying medical certificates, and reporting irregularities.

(l)

Military Officer

Military Officer means an officer of the Armed Forces who is-

(i)

A Commissioned Officer of the Army, the Navy or the Air Force, or

(ii)

(a)

A Junior Commissioned Officer (including an honorary commissioned officer), or an 'other rank' of the Army, or

(b)

A Branch List Officer or rating of the Navy, or

(c)

An airman including a Master Warrant Officer of the Air Force.

Service	Commissioned Officers	Non-Commissioned Ranks
Army	Lieutenant to General	JCOs: Subedar Major, Subedar, Naib Subedar Other Ranks: Havildar, Naik, Lance Naik, Sepoy
Navy	Sub-Lieutenant to Admiral	Branch List Officers Ratings: Master Chief Petty Officer to Ordinary Seaman
Air Force	Flying Officer to Air Chief Marshal	Airmen: Master Warrant Officer, Warrant Officer, Junior Warrant Officer, Sergeant to Aircraftman

⚠

Relevance: Definition applies when military officers on deputation to civilian departments or for inter-departmental leave coordination. Military personnel have separate leave rules but this ensures proper interface.

(m)

Vacation Department

Vacation Department means a department or part of a department, to which regular vacations are allowed, during which Government servants serving in the department are permitted to be absent from duty.

Educational Institutions: Universities, colleges, schools, training institutes with summer/winter vacations

Judicial Departments: Courts with fixed vacation periods when routine hearings suspended

Legislative Departments: Parliamentary departments aligned with Parliament sessions

Research Institutions: Organizations with academic calendars having regular vacations

Leave Impact: During officially sanctioned vacations, absence doesn't count as leave. Must be on duty during working periods. Vacation periods don't reduce leave balance, making effective entitlement higher than non-vacation departments. Governed by special FR 83 provisions.

(2)

Words and expressions used herein and not defined but defined in the Fundamental Rules and Supplementary Rules shall have the meanings respectively assigned to them in the Fundamental Rules and Supplementary Rules.

Residuary Interpretative Provision

Ensures interpretative consistency across all service rules. If a term is undefined in CCS Leave Rules but defined in FR/SR, the FR/SR definition applies. Prevents ambiguity and maintains uniformity. Examples: "competent authority," "pay," "emoluments," "joining time," etc.

RULE 4 Government Servants on Temporary Transfer or Foreign Service

(1)

Sub-rule (1) – Continuity of CCS Leave Rules

CCS Leave Rules continue to apply when Government servant is on:

Temporary transfer to Indian Railways

Temporary transfer to State Government

Foreign service within India

(2)

Sub-rule (2) – Limited Applicability

CCS Leave Rules apply only to the extent provided in terms and conditions when on:

Foreign service outside India

Service with UN agencies (whether within or outside India)

Temporary transfer to Armed Forces of the Union

RULE 5 Transfer from Services/Posts Governed by Other Leave Rules

Applicability: Applies to permanent Government servants to whom CCS Leave Rules do not originally apply.

(a)

Clause (a) – Temporary Transfer

When temporarily transferred to a post where CCS Leave Rules apply, the Government servant remains subject to the leave rules which were applicable to him before such transfer.

Provisos for Clause (a)

First Proviso – Military Officers not in permanent civil employ: If elected to draw civil rates of pay, leave shall be regulated as per CCS Leave Rules.
Second Proviso – On Release/Discharge from Armed Forces: Annual leave due shall be carried forward with effect from the date of such release/discharge.

(b)

Clause (b) – Substantive Appointment to Permanent Post

When substantively appointed to a permanent post where CCS Leave Rules apply:

CCS Leave Rules become applicable from the date of such appointment

Leave at credit under previously applicable rules shall be carried forward subject to maximum limits of accumulation as laid down in Rule 26

The leave so carried forward shall first be exhausted before the leave earned under CCS Rules is availed of

Leave salary in respect of carried forward leave shall be borne by the Department or Government from which the Government servant proceeds on leave

Proviso for Military Officers In addition to earned leave equal to annual leave on the date of appointment (as permissible under Armed Forces leave rules), half pay leave equal to the number of days of furlough shall also be carried forward.

RULE 6 Transfer to Industrial Establishment

When Does This Apply?

When a Government servant governed by CCS Leave Rules is appointed in an industrial establishment wherein leave terms are governed by Factories Act, 1948.

Suo Motu Order by Competent Authority:

Cash equivalent of leave salary granted for earned leave and half pay leave at credit

Maximum limit: 300 days

Cash amount equals: Leave salary for EL + Leave salary for HPL + Dearness Allowance at rates in force on the date the Government servant ceases to be governed by CCS Leave Rules

Proviso – On Return to CCS Leave Rules Governed Post

Benefits under Rule 39 modified as follows:

Scenario	Condition
On Superannuation	Encashment of leave subject to condition that total of: • Days of EL and HPL already encashed under Rule 6, and • Days of EL and HPL to be encashed on superannuation shall not exceed 300 days
On Premature Retirement	Cash equivalent of unutilized EL and HPL subject to condition that total of: • Days of EL and HPL already encashed under Rule 6, and • Days of EL and HPL to be encashed on premature retirement shall not exceed 300 days

Key Point: The 300-day cap is a cumulative limit – it includes both the encashment done at the time of transfer to industrial establishment AND the encashment at the time of superannuation/premature retirement.