Chapter I
Preliminary
Rules 1 to 6 ยท Short Title ยท Application ยท Definitions ยท Transfer Provisions
Rules at a Glance
| Rule No. | Rule Title | Key Point |
|---|
| Rule 1 | Short title and commencement | Called CCS (Leave) Rules 1972 ยท In force from 1st June 1972 |
| Rule 2 | Extent of application | Applies to Central civil posts ยท 11 categories excluded including railway servants, AIS members, daily-rated, part-time, contract employees, persons on deputation from State Govts |
| Rule 3 | Definitions | Key definitions ยท Completed years of service ยท Date of retirement ยท Foreign service ยท Vacation Department ยท disability (specified/benchmark/high support needs โ added 2018) |
| Rule 4 | Govt servants on temporary transfer or on foreign service | Temporary transfer to Railways/State Govt โ rules continue to apply ยท Foreign service outside India โ rules apply only to extent provided in terms |
| Rule 5 | Transfer from services or posts governed by other leave rules | Temporary transfer: old rules continue ยท Substantive appointment to permanent post: rules apply from date of appointment; leave carried forward subject to Rule 26 maxima |
| Rule 6 | Transfer to industrial establishment | On transfer to Factories Act establishment: cash equivalent of EL+HPL paid (max 300 days) ยท On return: encashment on superannuation/premature retirement subject to 300-day overall cap |
Rule 1Short title and commencement
- ๐These rules shall be called the Central Civil Services (Leave) Rules, 1972.
- ๐
They came into force on 1st June 1972.
Rule 2Extent of application
These rules apply to Government servants appointed to civil services and posts in connection with the affairs of the Union. The following are excluded:
11 Categories Excluded from CCS (Leave) Rules:- (a)Railway servants
- (b)Persons in casual, daily-rated or part-time employment
- (c)Persons paid from contingencies
- (d)Workmen employed in industrial establishments
- (e)Persons employed in work-charged establishments
- (f)Members of the All India Services
- (g)Persons locally recruited for service in Diplomatic/Consular/Indian establishments in foreign countries
- (h)Persons employed on contract (except when contract provides otherwise)
- (i)Persons with special provisions under the Constitution or any other law
- (j)Persons governed by Fundamental Rules or Civil Service Regulations for leave purposes
- (k)Persons on deputation from a State Government to a Central Govt Department for a limited duration โญ Exam point
Rule 3Definitions
๐ Key Definitions
- ๐Completed years of service: Continuous service under Central Govt โ includes period on duty as well as on leave including extraordinary leave.
- ๐Date of retirement: The afternoon of the last day of the month in which the Government servant attains the prescribed retirement age.
- ๐Foreign service: Service where a Government servant receives pay from any source other than the Consolidated Fund of India or any State or Union Territory.
- ๐Vacation Department: A department or part of a department to which regular vacations are allowed, during which Government servants are permitted to be absent from duty.
- ๐Disability: "Specified disability", "benchmark disability" and "disability having high support needs" as per the Rights of Persons with Disabilities Act, 2016. Added 2018
- ๐Government servant in permanent employ: Holds substantively or provisionally a permanent post, or holds a lien (or suspended lien) on a permanent post.
- ๐Government servant in quasi-permanent employ: Declared eligible by UPSC, appointed to a temporary/officiating vacancy expected to become permanent, but not confirmed after 3 years' continuous service. OR declared quasi-permanent under CCS (Temporary Service) Rules, 1965.
Rule 4Government servants on temporary transfer or on foreign service
- โ
Temporary transfer to Indian Railways or State Govt or foreign service within India: CCS (Leave) Rules continue to apply.
- ๐Foreign service outside India (including UN agencies): Rules apply only to the extent provided in the terms and conditions of foreign service.
- ๐Temporary transfer to Armed Forces: Rules apply only to the extent provided in the terms of temporary transfer.
Rule 5Transfer from services governed by other leave rules
- ๐Temporary transfer: The Government servant remains subject to the leave rules applicable before transfer.
- โ
Substantive appointment to permanent post: CCS (Leave) Rules apply from date of appointment. Leave at credit under previous rules carried forward subject to maximum limits under Rule 26. Carried-forward leave exhausted first.
๐ Military Officer Proviso
- ๐For Military Officers, half pay leave equal to the number of days of furlough shall also be carried forward (in addition to earned leave) when appointed substantively to a permanent civil post.
Rule 6Transfer to industrial establishment
- ๐ฐOn appointment in an industrial establishment governed by the Factories Act, 1948: cash equivalent of leave salary for EL and HPL at credit โ maximum 300 days โ shall be paid.
- ๐On return to CCS Rules: Encashment on superannuation or premature retirement is capped such that total encashment (under Rule 6 + Rule 39) does not exceed 300 days. โ 300-day overall cap
Chapter II
General Conditions
Rules 7 to 13 ยท Right to Leave ยท Commutation ยท Combination ยท Maximum Continuous Leave
Rules at a Glance
| Rule No. | Rule Title | Key Point |
|---|
| Rule 7 | Right to leave | Leave cannot be claimed as of right ยท May be refused or revoked ยท Kind cannot be altered except at written request ยท Leave on medical certificate cannot be refused/revoked without Medical Authority advice (binding) |
| Rule 8 | Regulation of claim to leave | Claim regulated by rules in force at the time leave is applied for and granted |
| Rule 9 | Effect of dismissal, removal or resignation | Leave ceases on dismissal/removal/resignation ยท 3 exceptions: forwarded application, reinstatement, re-employment with past service counted |
| Rule 10 | Commutation of one kind of leave into another | Retrospective commutation allowed at request ยท Not a right ยท Request within 30 days of rejoining ยท Adjustment of leave salary |
| Rule 11 | Combination of different kinds of leave | Any kind of leave may be combined with any other ยท Casual leave cannot be combined with regular leave |
| Rule 12 | Maximum amount of continuous leave | No leave exceeding 5 years ยท Absence beyond 5 years = deemed resignation ยท Exception for leave on medical certificate for disability (2018) |
| Rule 13 | Acceptance of service while on leave | No private employment without prior sanction ยท LPR: cannot take private employment ยท PSU/public body employment permitted during LPR |
Rule 7Right to leave
- โ ๏ธLeave cannot be claimed as of right. When exigencies of public service so require, leave may be refused or revoked.
- ๐The authority shall not alter the kind of leave due and applied for, except at the written request of the Government servant. โ Written request needed
- ๐ฅProviso (disability/Rule 20 cases): Leave shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding. Added 2018
Rule 8Regulation of claim to leave
- ๐A Government servant's claim to leave is regulated by the rules in force at the time the leave is applied for and granted.
Rule 9Effect of dismissal, removal or resignation on leave at credit
- โLeave at credit ceases from the date of dismissal, removal or resignation.
โ
Three Exceptions โ Leave Does NOT Lapse
- 1๏ธโฃApplication forwarded through proper channel for another Govt of India post and applicant required to resign before taking up new post.
- 2๏ธโฃGovernment servant dismissed or removed and reinstated on appeal or revision โ entitled to count prior service for leave.
- 3๏ธโฃGovernment servant retired on compensation/invalid pension/gratuity, re-employed and allowed to count past service for pension.
Rule 10Commutation of one kind of leave into another
- ๐At the request of a Government servant, the granting authority may commute leave retrospectively into a different kind โ which was due and admissible at the time. Not a right.
- ๐
Time limit: Request must be received within 30 days of rejoining duty. โ 30 days
- ๐ฐAdjustment of leave salary โ excess recovered or arrears paid.
- ๐Note: Extraordinary leave may be commuted retrospectively into leave not due subject to Rule 31.
Rule 11Combination of different kinds of leave
- โ
Any kind of leave may be granted in combination with or in continuation of any other kind of leave.
Important: Casual leave is not recognised as leave under these rules and shall not be combined with any other kind of leave admissible under these rules.
Rule 12Maximum amount of continuous leave
- ๐No Government servant shall be granted leave for a continuous period exceeding five years. โ 5-year maximum
- โ ๏ธAbsence beyond 5 years (other than on foreign service) โ the Government servant shall be deemed to have resigned from Government service, unless the President determines otherwise.
- ๐A reasonable opportunity to explain reasons for absence shall be given before invoking the deemed resignation.
- ๐ฅDisability exception: Rule 12 shall not apply to leave on medical certificate in connection with a disability. Added 2018
Rule 13Acceptance of service or employment while on leave
- โA Government servant while on leave shall not take up any service or employment elsewhere without prior sanction of โ the President (if outside India) or the authority empowered to appoint him (if in India).
โญ Special Rules for Leave Preparatory to Retirement (LPR)
- โGovernment servant on LPR shall not be permitted to take up private employment.
- โ
May take up employment with a Public Sector Undertaking or specified body โ leave salary remains the same as admissible under Rule 40.
- ๐If recalled to duty during LPR โ unexpired portion of leave from date of rejoining shall be cancelled and may be encashed under Rule 39(2).
Chapter III
Grant of and Return from Leave
Rules 14 to 25 ยท Application ยท Leave Account ยท Verification ยท Medical Certificate ยท Commencement ยท Recall ยท Return ยท Overstay
Rules at a Glance
| Rule No. | Rule Title | Key Point |
|---|
| Rule 14 | Application for leave | Form 1 to competent authority ยท Disability proviso: application may be signed/submitted by spouse, parents (if unmarried), adult child/sibling, or limited guardian under RPWD Act 2016 |
| Rule 15 | Leave account | Form 2 ยท Gazetted: maintained by Audit Officer (or HoO if pay drawn/disbursed by HoO) ยท Non-Gazetted: maintained by Head of Office |
| Rule 16 | Verification of title to leave | No leave granted without admissibility report from authority maintaining leave account ยท Sanction to indicate EL/HPL balance ยท Provisional sanction: up to 60 days if admissibility report unduly delayed |
| Rule 17 | Leave not to be granted in certain circumstances | Not granted when competent punishing authority has decided to dismiss, remove or compulsorily retire the Govt servant |
| Rule 18 | Deleted | โ |
| Rule 19 | Grant of leave on medical certificate | Gazetted: Form 3 (CGHS Dispensary/Govt Hospital/AMA) ยท Non-Gazetted: Form 4 ยท Disability: Form 3-A ยท Waiver of MC for up to 3 days at authority's discretion (not treated as leave on MC) ยท Second opinion from Govt Medical Officer not below Civil/Staff Surgeon |
| Rule 20 | Leave to Govt servant unlikely to be fit to return | Leave may be granted even when Medical Authority says no reasonable prospect of fitness ยท Up to 12 months at a time if uncertain ยท If permanent disability certified (Form 3-A): leave/extension not debited to leave account ยท RPWD Act S.20 applies suo motu |
| Rule 21 | Commencement and termination of leave | Leave begins on day transfer of charge is effected ยท Ends on day preceding resumption of charge |
| Rule 22 | Combination of holidays with leave | Holidays immediately before/after leave (other than MC leave) may be prefixed/suffixed automatically ยท 3 provisos (no securities/moneys, no early transfer of other Govt servant, no delayed return of substitute) ยท MC leave: separate auto-prefix/suffix rules ยท Compensatory leave = holiday for this purpose |
| Rule 23 | Recall to duty before expiry of leave | Sub-rules (1)&(2) deleted ยท Sub-rule (3): recall treated as compulsory ยท Leave salary continues till joining ยท TA admissible ยท If leave outside India: voyage treated as duty; free passage + TA from landing point |
| Rule 24 | Return from leave | Cannot return before leave expires without permission ยท LPR: precluded from returning without consent of appointing authority ยท MC leave: fitness certificate Form 5 required ยท Gazetted: Medical Board (except โค3 months or Board waives) ยท Not entitled to resume same post as a matter of right |
| Rule 25 | Absence after expiry of leave | No leave salary for overstay period ยท Period debited as HPL to extent due; excess treated as EOL ยท Wilful absence = disciplinary action |
Rule 14Application for leave
- ๐Any application for leave or for extension of leave shall be made in Form 1 to the authority competent to grant leave.
โ
Disability Proviso โ Who may sign the application (Added 2018)
Where a Government servant is unable to submit an application or medical certificate on account of a disability, the application may be signed and submitted by:
- (a)The spouse of the Government servant; or
- (b)The parents, in case of an unmarried Government servant; or
- (c)The child (including adopted child) or brother or sister of the Government servant who has attained the age of majority; or
- (d)Any person who has been assigned limited guardianship of the Government servant in terms of Section 14 of the Rights of Persons with Disabilities Act, 2016.
Such application shall be deemed to have been made and submitted by the Government servant himself.
Rule 15Leave account
- ๐A leave account shall be maintained in Form 2 for each Government servant:
๐ Who Maintains the Leave Account
| Category of Govt Servant | Maintained By |
|---|
| Gazetted Govt servants (pay drawn by Accounts Office) | Audit Officer |
| Gazetted Govt servants (pay drawn and disbursed by HoO) | Head of Office (per Note to Rule 15) |
| Non-Gazetted Govt servants | Head of Office or officer authorized by him |
Rule 16Verification of title to leave
- ๐Sub-rule (1): No leave shall be granted to a Government servant until a report regarding its admissibility has been obtained from the authority maintaining the leave account.
- ๐The order sanctioning leave shall indicate the balance of EL/HPL at the credit of the Government servant.
โญ Provisional Sanction โ Sub-rule (2)
- ๐Where obtaining the admissibility report will be unduly delayed, the leave sanctioning authority may issue provisional sanction for a period not exceeding 60 days based on available information. โ Max 60 days provisional
- ๐Grant is subject to verification by the authority maintaining the leave account. A modified sanction shall be issued where necessary.
- ๐For Gazetted Govt servants, the Audit Officer may issue a provisional leave salary slip for a period not exceeding 60 days at the request of the competent authority.
Note โ LPR / Cash payment cases (Rule 39): An undertaking for recovery of leave salary paid in excess shall be taken from the Government servant before provisional sanction of LPR or cash payment in lieu of leave.
Rule 17Leave not to be granted in certain circumstances
Leave SHALL NOT be granted when:
A competent punishing authority has decided to dismiss, remove or compulsorily retire the Government servant from Government service. โ Decision = bar on leave
โญ Important Distinction โ Rule 17 vs earlier understanding
- ๐Rule 17 bars leave only when a decision to dismiss/remove/compulsorily retire has already been taken by the competent punishing authority โ not merely when proceedings are pending or contemplated.
Rule 19Grant of leave on medical certificate
Sub-rule (1) โ Forms and Medical Authorities
๐ Prescribed Medical Certificate Forms
| Category | Form | Issuing Authority |
|---|
| Gazetted โ CGHS beneficiary | Form 3 | CGHS Dispensary doctor; if away from CGHS area โ AMA |
| Gazetted โ non-CGHS | Form 3 | Government Hospital or AMA; for indoor/specialized treatment โ authorized private hospital doctor |
| Non-Gazetted โ CGHS beneficiary | Form 4 | CGHS Dispensary; if away from CGHS area โ AMA or Registered Medical Practitioner (if no AMA within 8 km) |
| Non-Gazetted โ non-CGHS | Form 4 | Government Hospital or AMA |
| Disability cases (any) | Form 3-A | CGHS doctor / Govt Hospital / Specialist / Medical Board (multiple disabilities) |
๐ Note โ Non-Gazetted: Ayurvedic / Unani / Homoeopathic Certificate
- ๐A certificate from a registered Ayurvedic, Unani or Homoeopathic medical practitioner, or a registered Dentist (for dental ailments), or an honorary Medical Officer may be accepted for non-Gazetted Govt servants โ provided such certificate is accepted by the Government of the State in which the Govt servant falls ill for its own employees.
Sub-rule (2) โ Disability Certificate (Form 3-A)
In case of a Government servant who has acquired a disability, the Medical Authority shall certify in Form 3-A:
- (a)The nature and extent of the disability
- (b)The date from which such disability has occurred or manifested (to the extent medically possible)
- (c)Whether there are reasonable prospects for the Govt servant to be fit to resume duties, and if not, categorically state that he is completely and permanently incapacitated for further service
โญ Sub-rules (2-A) and (2-B) โ Added 2018
- ๐Sub-rule (2-A): Medical Authorities competent to issue Form 3-A disability certificate: CGHS doctor / Govt Hospital / Specialist in Govt Hospital / Medical Board (for multiple disabilities) โ in addition to authorities under Chapter X of RPWD Act 2016.
- ๐Sub-rule (2-B): No reference from the Head of Office or any other authority may be required for issue of a medical certificate of disability. โญ No HoO reference needed
Sub-rules (3) to (6) โ Second Opinion, Rights and Waiver
- ๐Sub-rule (3): The leave sanctioning authority may, at its discretion, secure a second medical opinion by requesting a Government Medical Officer not below the rank of Civil Surgeon or Staff Surgeon to examine the applicant at the earliest.
- ๐Sub-rule (4): The Government Medical Officer shall express an opinion on both the facts of the illness and the necessity for the amount of leave recommended. He may require the applicant to appear before himself or a Medical Officer nominated by him.
- โ ๏ธSub-rule (5): The grant of a medical certificate does not in itself confer any right to leave. The certificate shall be forwarded to the leave sanctioning authority and orders awaited. โ Certificate โ right to leave
- โ
Sub-rule (6) โ Waiver: The authority competent to grant leave may, in its discretion, waive the production of a medical certificate for leave of not exceeding three days at a time. Such leave shall not be treated as leave on medical certificate and shall be debited against other leave. โญ 3-day waiver
Rule 20Leave to a Government servant unlikely to be fit to return to duty
- ๐Sub-rule (1)(a): When a Medical Authority has reported that there is no reasonable prospect that the Government servant will ever be fit to return to duty, leave shall not necessarily be refused to such Government servant.
๐ Two Situations under Sub-rule (1)(b)
- (i)If Medical Authority is unable to say with certainty that the Government servant will never be fit: leave not exceeding 12 months at a time may be granted. Extension requires fresh reference to Medical Authority. โ 12 months at a time
- (ii)If Government servant is declared as having acquired permanent disability preventing further service (Form 3-A received): leave or extension of leave may be granted after receipt of Form 3-A certificate.
- โ Any leave already debited during period under (i) after receipt of disability certificate shall be remitted back to the leave account.
- โ Leave granted to regularise absence under (ii) shall not be debited to the leave account. Leave not debited
- โ๏ธSub-rule (2): In the case of a Government servant granted leave under sub-rule (1)(b), the provisions of Section 20 of the RPWD Act, 2016 shall apply suo motu (automatically, without application). Added 2018
Rule 21Commencement and termination of leave
- ๐
Except as provided in Rule 22, leave ordinarily begins on the day on which the transfer of charge is effected and ends on the day preceding that on which the charge is resumed.
โญ Key Distinction from Common Understanding
- ๐Rule 21 says leave begins on the day of handing over charge (not the day after). It ends on the day before resuming charge (the day of resumption is a working day). This is subject to Rule 22 (combination with holidays).
Rule 22Combination of holidays with leave
Sub-rule (1)(i) โ Leave Other Than Medical Certificate Leave
- ๐
When the day immediately preceding the start of leave or immediately following the expiry of leave is a holiday or series of holidays, the Government servant shall be deemed permitted to leave his station at close of the day before or return on the day following such holiday โ subject to three provisos:
Three Provisos โ Prefixing/Suffixing NOT automatic if:- (a)His transfer/assumption of charge involves handling securities or moneys other than a permanent advance
- (b)His early departure entails a correspondingly early transfer of another Govt servant to perform his duties
- (c)Delay in return involves a corresponding delay in the transfer/discharge of the substitute performing his duties during absence
Sub-rule (1)(ii) โ Leave on Medical Certificate
๐ Special Auto-Prefix/Suffix Rules for MC Leave
- (a)Certified medically unwell to attend office: Holidays immediately preceding the day of certification โ automatically prefixed to leave. Holidays immediately succeeding that day (including that day) โ automatically suffixed.
- (b)Certified medically fit for joining duty: Holidays succeeding the day of fitness certification (including that day) โ automatically suffixed to leave. Holidays preceding the day of fitness certification โ treated as part of the leave.
Sub-rules (2) and (3) โ Waiver and Pay Effects
- โ
Sub-rule (2): The Head of Department may waive the application of Proviso (a) in any particular case โ on condition that the departing Government servant remains responsible for the moneys in his charge.
- ๐ฐSub-rule (3): Unless the leave sanctioning authority directs otherwise:
- (a) If holidays are prefixed to leave โ leave and any rearrangement of pay take effect from the day after the holidays.
- (b) If holidays are suffixed to leave โ leave is treated as having terminated from the day leave would have ended if holidays had not been suffixed; pay rearrangement takes effect from that day.
- ๐Note: A compensatory leave granted in lieu of duty performed on Sunday or a holiday (full day) may be treated as a holiday for the above purpose.
Rule 23Recall to duty before expiry of leave
- ๐Sub-rules (1) and (2): Deleted.
๐ Sub-rule (3) โ Recall is Compulsory โ Entitlements
In case a Government servant is recalled to duty before expiry of leave, such recall shall be treated as compulsory in all cases. The Government servant is entitled to:
If leave from which recalled is in India:
- (i)Treated as on duty from the date he starts for the station to which ordered.
- (ii)Travelling allowance for the journey under applicable rules.
- (iii)Leave salary until he joins his post at the same rate as if not recalled.
If leave from which recalled is outside India:
- (i)Time spent on voyage to India counts as duty for calculating leave.
- (ii)Leave salary during voyage to India and from date of landing to joining post โ at same rate as if not recalled.
- (iii)Free passage to India.
- (iv)Refund of passage from India if Government servant has not completed half the period of leave by date of leaving for India on recall, or three months, whichever is shorter.
- (v)Travelling allowance for travel from the place of landing in India to the place of duty.
Rule 24Return from leave
Sub-rule (1) โ Cannot Return Early Without Permission
- โA Government servant on leave shall not return to duty before the expiry of leave unless permitted to do so by the authority which granted him leave.
Sub-rule (2) โ Leave Preparatory to Retirement
LPR Special Rule: A Government servant on leave preparatory to retirement is precluded from returning to duty, save with the consent of the authority competent to appoint him to the post from which he proceeded on LPR. โ Consent of appointing authority needed
Sub-rule (3) โ Fitness Certificate on Return from Medical Certificate Leave
- ๐(a) A Government servant who took leave on medical certificate may not return to duty until he has produced a medical certificate of fitness in Form 5.
โญ Sub-rule (3)(b) โ Gazetted Officers: Medical Board Required (with Exceptions)
- ๐For Gazetted officers, the fitness certificate shall be obtained from a Medical Board, except in:
- (i)Cases where leave is for not more than three months
- (ii)Cases where leave is for more than three months but the Medical Board at the time of original/extension certificate specifically states that the Govt servant need not appear before another Medical Board for the fitness certificate
In such excepted cases, certificate may be from: Chief Medical Officer / District Medical Officer / Civil Surgeon / Staff Surgeon / CGHS Medical Officer or (for cases under sub-rule (6) of Rule 19) from AMA or Medical Superintendent of the hospital concerned.
- ๐Sub-rule (3)(d): For non-Gazetted Govt servants, the authority may at its discretion accept a certificate from a Registered Medical Practitioner.
Sub-rule (4) โ No Automatic Right to Same Post
- โ ๏ธ(a) A Government servant returning from leave is not entitled to resume the same post which he held before going on leave, as a matter of course โ unless specifically ordered. โญ Exam point
- ๐(b) He shall report his return to duty to the authority which granted leave (or the authority specified in the leave order) and await orders.
- ๐ฅNote: A Government servant who had been suffering from Tuberculosis may be allowed to resume duty on the basis of a fitness certificate which recommends light work.
Rule 25Absence after expiry of leave
Sub-rule (1) โ Treatment of Overstay Period:
Unless leave is extended by the competent authority, a Government servant absent after the end of leave:
- โIs entitled to no leave salary for the period of absence
- ๐That period shall be debited against his leave account as though it were HPL, to the extent HPL is due
- ๐The period in excess of HPL due shall be treated as Extraordinary Leave โญ Exam point โ HPL first, then EOL
- โ๏ธSub-rule (2): Wilful absence from duty after expiry of leave renders a Government servant liable to disciplinary action.
โญ Key Numbers and Facts to Remember โ Chapter III
- ๐Rule 14: Leave application in Form 1 ยท Disability: spouse/parent/adult child/sibling/limited guardian may sign
- ๐Rule 15: Leave account in Form 2 ยท Gazetted: Audit Officer (or HoO if pay drawn by HoO) ยท Non-Gazetted: HoO
- ๐Rule 16: Provisional sanction: max 60 days if admissibility report delayed
- ๐Rule 17: Leave barred only when punishing authority has decided dismissal/removal/compulsory retirement (not merely contemplating)
- ๐Rule 19: Gazetted โ Form 3 ยท Non-Gazetted โ Form 4 ยท Disability โ Form 3-A ยท Fitness โ Form 5
- ๐Rule 19(6): MC may be waived for leave up to 3 days at a time (not treated as leave on MC)
- ๐Rule 19(2-B): No HoO reference needed for disability certificate
- ๐Rule 20: Uncertain about permanent disability โ leave up to 12 months at a time ยท Extension requires fresh reference to Medical Authority
- ๐Rule 20: Permanent disability confirmed (Form 3-A) โ leave not debited to leave account; previous HPL debits remitted back
- ๐Rule 21: Leave begins on day of handing over charge ยท Ends on day before resuming charge
- ๐Rule 22: 3 provisos for prefix/suffix ยท Compensatory leave = holiday for prefix/suffix purpose
- ๐Rule 23: Recall = always compulsory ยท If recalled from outside India: refund of passage if < half leave completed or 3 months, whichever shorter
- ๐Rule 24: Cannot return early without permission ยท LPR: needs appointing authority consent ยท Fitness Form 5 needed after MC leave ยท No automatic right to same post
- ๐Rule 25: Overstay: no leave salary ยท Debited as HPL first, excess as EOL ยท Wilful absence = disciplinary action
Chapter IV
Kinds of Leave Due and Admissible
Rules 26 to 42 ยท EL ยท HPL ยท Commuted Leave ยท Leave Not Due ยท EOL ยท LPR ยท Encashment ยท Leave Salary
Rules at a Glance
| Rule No. | Rule Title | Key Point |
|---|
| Rule 26 | Earned leave โ Non-Vacation Departments | 15 days credited in advance on 1st Jan & 1st July every year ยท Max accumulation 300 days ยท Balance >285 days: advance credit kept separately, adjusted first against EL taken ยท Joining time (unavailed) credited as EL (max 15 days) ยท Foreign service counts as duty if leave salary contribution paid |
| Rule 27 | Calculation of Earned Leave | 2ยฝ days per completed calendar month ยท On retirement/resignation: up to date of retirement/resignation ยท On removal/dismissal: up to end of preceding calendar month ยท On death: up to date of death ยท EOL/dies non: credit reduced by 1/10th of period (max 15 days) ยท Fractions rounded to nearest day |
| Rule 28 | Earned leave โ Vacation Departments | 5 days credited on 1st Jan & 1st July ยท If vacation partially availed: additional EL proportional to un-availed vacation (max 30 days in a year) ยท If no vacation availed: EL as per Rule 26 ยท Max accumulation 300 days ยท Vacation may combine with EL subject to limits |
| Rule 29 | Half pay leave | 10 days credited in advance on 1st Jan & 1st July ยท Rate: 5/3 days per completed calendar month ยท On death: up to date of death ยท Dies non: credit reduced by 1/18th (max 10 days) ยท No accumulation cap ยท Admissible on MC or private affairs ยท Departmental leave employees: 20 days per 12 months actual duty |
| Rule 30 | Commuted leave | Max half of HPL at credit ยท On MC ยท 1 day commuted = 2 days HPL debited ยท Prospect of return required ยท Up to 180 days without MC for approved course of study in public interest ยท Recovery if resigns/retires voluntarily without returning (not if ill-health/death) |
| Rule 31 | Leave not due | Permanent/quasi-permanent: max 360 days during service ยท Temporary with TB/Leprosy/Cancer/Mental illness + 1 year service: max 360 days ยท Only on MC ยท Debited against future HPL ยท Recovery if quits without earning (not if ill-health/death/compulsory retirement) |
| Rule 32 | Extraordinary leave | No other leave admissible OR Govt servant applies in writing ยท No leave salary ยท Non-permanent limits: 3M / 6M (1yr service + MC) / 18M (TB/Leprosy/Cancer/Mental illness) / 24M (studies, 3yr service) ยท Bond in Form 6 for study EOL ยท SC/ST: HoD may grant EOL for Pre-Exam Training Course ยท Two spells with intervening leave = one continuous spell ยท Absence without leave may be commuted into EOL retrospectively |
| Rule 33 | Leave to probationer, person on probation and apprentice | Probationer: entitled as if substantive ยท Leave not beyond probationary period or date of termination ยท Person on probation: leave as temporary/permanent depending on post ยท Apprentice: ยฝ pay leave (max 1 month/year) on MC + EOL |
| Rule 34 | Persons re-employed after retirement | Treated as fresh entrant from date of re-employment for all leave purposes |
| Rules 35โ37 | Deleted | โ |
| Rule 38 | Leave preparatory to retirement | EL (max 300 days) + HPL due, extending up to and including date of retirement ยท No EOL in LPR ยท On foreign service in Local Body: foreign employer decides with lending authority's concurrence ยท In other foreign service: LPR only on quitting foreign employer |
| Rule 38-A | Encashment of EL with LTC while in service | Max 10 days per LTC ยท Balance of 30 days EL must remain after encashment + leave availed ยท Overall cap: 60 days in career ยท No HRA in cash equivalent ยท Failure to avail LTC: refund + 2% above PF interest rate + leave re-credited ยท Not counted against Rules 6/39/39-A/39-B/39-C/39-D limits |
| Rule 39 | Cash payment in lieu of leave โ retirement/cessation | No leave granted beyond retirement/resignation/final cessation ยท Superannuation: suo motu EL+HPL max 300 days ยท If resigns/quits: EL only, half of EL at credit, max 150 days ยท Service extended: during extension leave as per Rule 26; after extension encashment max 300 days ยท Withheld if disciplinary/criminal proceedings pending |
| Rule 39-A | Cash equivalent โ death in service | EL+HPL at credit on date of death, max 300 days ยท Paid to family per Rule 39-C order ยท DA also payable additionally |
| Rule 39-B | Cash equivalent โ invalidation from service | EL+HPL max 300 days ยท Non-permanent: HPL component not included |
| Rule 39-C | Payment of cash equivalent โ in case of death | 11-rung family order: widow/husband โ eldest son/adopted son โ unmarried daughter โ widowed daughter โ father โ mother โ married daughter โ brother (<18) โ unmarried sister โ widowed sister โ eldest child of predeceased son |
| Rule 39-D | Cash equivalent โ permanent absorption in PSU/Autonomous Body | EL only (not HPL) at credit on date of absorption, max 300 days ยท "Permanent absorption" = resignation from Govt service through proper channel to take up PSU appointment |
| Rule 40 | Leave Salary | EL: pay drawn immediately before leave ยท HPL/Leave Not Due: half of sub-rule (1) ยท Commuted leave: full pay (= EL rate) ยท EOL: nil ยท ESI Act employees: leave salary reduced by ESI benefit for corresponding period ยท Re-employment EL: pay excluding pension/gratuity equivalent |
| Rule 41 | Drawal of leave salary | Leave salary payable under these rules shall be drawn in rupees in India |
| Rule 42 | Advance of leave salary | Advance up to one month's pay and allowances on that leave salary ยท Available for leave of 30 days or more ยท Subject to deductions: Income Tax, PF, HRA, advances, etc. |
Rule 26Earned Leave โ Non-Vacation Departments
Sub-rule (1)(a) โ Advance Credit Mechanism
๐ How EL is Credited โ Sub-rule (1)(a)(i)
- ๐
Leave account credited with EL in advance in two instalments of 15 days each on the 1st day of January and 1st day of July every calendar year. โ 15+15 days advance
- ๐ฆLeave at credit at close of previous half-year carried forward, subject to the condition that: carried forward leave + half-year credit does not exceed 300 days.
โญ 285-Day Proviso โ Special Adjustment Rule
- ๐Where EL at credit on last day of December or June is more than 285 days but 300 days or less: the advance credit of 15 days on 1st January/July shall not be credited to the leave account directly.
- ๐Instead, it shall be kept separately and first adjusted against EL taken during that half-year. Balance, if any, credited at close of half-year subject to 300-day cap. โ 285-day trigger
Sub-rule (1)(a)(ii) โ Credit of Unavailed Joining Time as EL
- ๐When a Government servant joins a new post without availing full joining time because: (a) ordered to join without full joining time, or (b) proceeds alone and takes family later within permissible period โ
- โ
The unavailed joining time (max 15 days, reduced by days actually availed) shall be credited to his EL account. โญ Joining time credited as EL
- โ ๏ธCondition: EL at credit together with joining time so credited shall not exceed 300 days.
Sub-rule (1)(c) โ Non-Permanent Govt Servant Appointed to Permanent Post
- (i)Where a Govt servant not in permanent/quasi-permanent employ is appointed substantively to a permanent post without interruption, his leave account shall be credited with the EL that would have been admissible had his previous duty been rendered as permanent/quasi-permanent โ reduced by EL already taken.
- (ii)Any EOL availed since permanent appointment may, subject to Rule 10, be converted into EL to the extent due and admissible as a result of recasting of the leave account.
Sub-rule (1)(d) โ Foreign Service Counts as Duty
- ๐A period spent in foreign service shall count as duty for earning EL under Rule 26, if contribution towards leave salary is paid on account of such period. โญ Exam point
Sub-rule (2) โ Maximum EL Granted at One Time
๐ Maximum EL at One Time
- ๐180 days โ in the case of any Government servant employed in India โ 180 days max at one time
- ๐150 days โ in the case of Government servants of non-Asiatic domicile mentioned in the Exception to sub-rule (1)
Sub-rule (3) โ EL exceeding 180 days for Class I/II spending leave abroad
- โ๏ธEL exceeding 180 days but not exceeding 300 days may be granted if the entire leave or any portion is spent outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan โ for Govt servants in Class I or Class II service.
- โ ๏ธCondition: Period of such leave spent in India shall not in the aggregate exceed 180 days.
Rule 27Calculation of Earned Leave
- ๐Sub-rule (1): EL credited at the rate of 2ยฝ days for each completed calendar month of service which he is likely to render in a half-year of the calendar year in which he is appointed. โ 2.5 days per completed month
๐ Sub-rule (2) โ Credit in Special Circumstances
- (a)Retirement or resignation: Credit at 2ยฝ days per completed month up to the date of retirement or resignation.
- (b)Removal or dismissal: Credit at 2ยฝ days per completed month up to the end of the calendar month preceding the calendar month of removal/dismissal. โญ Up to preceding month
- (c)Death while in service: Credit at 2ยฝ days per completed month up to the date of death.
- ๐Sub-rule (3): If a Govt servant has availed of EOL and/or some period treated as dies non in a half-year, the credit at commencement of the next half-year shall be reduced by 1/10th of the period of such EOL/dies non, subject to a maximum of 15 days. โ Reduction: 1/10th, max 15 days
- ๐Sub-rule (4): While affording credit, fractions of a day shall be rounded off to the nearest day.
Rule 28Earned Leave โ Vacation Departments
๐ EL for Vacation Department Employees โ Three Scenarios
| Scenario | EL Credited |
|---|
| Advance credit each half-year (1st Jan & 1st July) | 5 days each = 10 days per year |
| Portion of vacation availed | Additional EL in proportion of 20 days as un-availed vacation bears to full vacation (total in year โค 30 days) |
| No vacation availed at all | EL as per Rule 26 (i.e., 15 days each half-year) |
- ๐For this rule, "year" = 12 months of actual duty in a Vacation Department โ not a calendar year.
- ๐A Govt servant is considered to have availed vacation unless required by general/special order of higher authority to forgo it. If prevented from enjoying more than 15 days of vacation by such order โ considered to have availed no portion of the vacation. โญ 15-day threshold
- ๐Vacation + EL combination: Vacation may be taken in combination with or in continuation of any leave. Total of vacation and EL taken in conjunction shall not exceed the EL due and admissible under Rule 26.
- ๐ฆMaximum accumulation: 300 days (same as Rule 26). Unavailed joining time credit facility also available to Vacation Dept employees.
Rule 29Half Pay Leave
๐ HPL โ Credit Mechanism
- ๐
Sub-rule (1): HPL account credited in advance in two instalments of 10 days each on the 1st day of January and July every calendar year. โ 10+10 days advance = 20 days per year
- ๐Rate: 5/3 days per completed calendar month of service (sub-rule (2)(a)).
- โพ๏ธNo maximum accumulation limit. โญ Key exam point
๐ Sub-rule (2) โ Credit in Special Circumstances
- (b)Retirement/resignation: 5/3 days per completed month up to date of retirement/resignation.
- (c)Removal/dismissal: 5/3 days per completed month up to end of preceding calendar month.
- (ca)Death in service: 5/3 days per completed month up to date of death.
- (d)Dies non: Credit at commencement of next half-year reduced by 1/18th of the period of dies non, subject to max 10 days. โ Reduction: 1/18th, max 10 days
- ๐Sub-rule (3): A Govt servant eligible for Departmental leave (Rule 49) shall be entitled to HPL of 20 days on completion of 12 months of actual duty.
- ๐Sub-rule (4): HPL may be granted on medical certificate or on private affairs.
- ๐Sub-rule (5): Fractions of a day shall be rounded off to the nearest day while affording HPL credit.
Rule 30Commuted Leave
- ๐Sub-rule (1): Commuted leave not exceeding half of HPL at credit may be granted on medical certificate.
- โ ๏ธConditions: (a) Competent authority satisfied there is reasonable prospect of returning to duty on expiry. (d) Twice the amount of commuted leave shall be debited against HPL due. โ 1 commuted day = 2 HPL days debited
โญ Sub-rule (1-A) โ Commuted Leave Without MC for Course of Study
- ๐HPL up to a maximum of 180 days may be commuted without production of medical certificate where the leave is utilised for an approved course of study certified to be in the public interest by the leave sanctioning authority. โ 180 days without MC for study
Sub-rule (2) โ Recovery on Voluntary Resignation/Retirement: Where a Govt servant granted commuted leave
resigns or retires voluntarily without returning to duty, commuted leave shall be treated as HPL and the
difference in leave salary recovered.
No recovery if: Retirement is by reason of ill-health incapacitating the Govt servant for further service, or in the event of death.
- ๐Note: Commuted leave may be granted even when EL is due โ at the request of the Govt servant.
Rule 31Leave Not Due
๐ Sub-rule (1) โ Permanent/Quasi-permanent Govt Servants
- ๐Leave Not Due may be granted (excluding LPR) to a Govt servant in permanent or quasi-permanent employ, limited to a maximum of 360 days during entire service on medical certificate. โ 360 days max
- โ
Conditions: (a) Reasonable prospect of returning to duty ยท (b) Limited to HPL likely to be earned thereafter ยท (c) Debited against HPL to be earned subsequently.
โญ Sub-rule (1-A) โ Temporary Govt Servants (TB/Leprosy/Cancer/Mental Illness)
- ๐Leave Not Due up to 360 days may also be granted to temporary Govt servants suffering from TB, Leprosy, Cancer or Mental Illness โ additional conditions:
- (i)Minimum 1 year of service โ 1 year minimum
- (ii)The post from which proceeding on leave is likely to last till return to duty
- (iii)Request supported by medical certificate as per Rule 32(2)(c)/(d)
Sub-rule (2) โ Recovery of Leave Salary:- (a)If Govt servant granted Leave Not Due resigns or retires voluntarily without returning to duty: Leave Not Due shall be cancelled, resignation/retirement takes effect from date Leave Not Due commenced, and leave salary recovered.
- (b)If Govt servant returns to duty but then resigns/retires before earning the leave: liable to refund leave salary to extent leave not yet earned.
- โ
No recovery if: Retirement due to ill-health incapacitating for service ยท death ยท compulsory retirement under CCS (Pension) Rule 48(1)(b) or FR 56(j)/(l).
Rule 32Extraordinary Leave (EOL)
Sub-rule (1) โ Two Circumstances for Grant
- (a)When no other leave is admissible
- (b)When other leave is admissible, but the Govt servant applies in writing for the grant of EOL
Sub-rule (2) โ Limits for Non-Permanent Govt Servants
โญ EOL Limits on Any One Occasion โ Non-Permanent Employees
| Clause | Maximum | Conditions |
|---|
| (a) | 3 months | General |
| (b) | 6 months | Completed 1 year's continuous service on date of expiry of all due leave including 3M EOL under (a) + supported by medical certificate |
| (d) | 18 months | Completed 1 year's continuous service + undergoing treatment for: Pulmonary TB or Pleurisy (in recognised sanatorium or at home under TB Specialist), TB of any other part (qualified TB Specialist/Civil/Staff Surgeon), Leprosy (recognised leprosy institution), Cancer or Mental illness (recognised institution) |
| (e) | 24 months | For studies certified in public interest + completed 3 years' continuous service on date of expiry of all due leave including 3M EOL under (a) โ 3 years for study EOL |
Sub-rule (3) โ Bond for Study EOL
- ๐(a) Where EOL in relaxation of clause (e) is granted for studies, the Govt servant shall execute a Bond in Form 6 โ undertaking to refund actual expenditure incurred by Govt (plus interest) if he does not return to duty on expiry of such leave or quits service before 3 years after return to duty. โ 3-year service obligation
- ๐(b) Bond to be supported by Sureties from two permanent Govt servants of comparable or higher status.
Sub-rules (4), (5) and (6) โ Special Provisions
- ๐Sub-rule (4): Government servants belonging to Scheduled Castes or Scheduled Tribes may be granted EOL by the Head of Department in relaxation of sub-rule (2) for attending Pre-Examination Training Course at Govt-notified centres. โญ SC/ST: HoD power
- ๐Sub-rule (5): Two spells of EOL, if intervened by any other kind of leave, shall be treated as one continuous spell of EOL for the purpose of sub-rule (2). โญ Exam point
- ๐Sub-rule (6): The authority competent to grant leave may commute retrospectively periods of absence without leave into EOL.
Rule 33Leave to Probationer, Person on Probation and Apprentice
๐ Three Categories
- (1)Probationer โ entitled to leave as if holding the post substantively (not on probation). Leave shall not extend: (i) beyond date probationary period expires or is extended, or (ii) beyond the earlier date of termination of services.
- (2)Person appointed on probation โ entitled to leave as a temporary or permanent Govt servant according as the appointment is against a temporary or permanent post. However, if he already holds a lien on a permanent post before such appointment โ entitled to leave as a permanent Govt servant.
- (3)Apprentice โ entitled to:
- (a) Leave on medical certificate, on leave salary equivalent to half pay, for a period not exceeding one month in any year of apprenticeship
- (b) Extraordinary leave under Rule 32
Rule 34Persons Re-employed after Retirement
- ๐In the case of a person re-employed after retirement, the provisions of these rules shall apply as if he had entered Government service for the first time on the date of his re-employment. โญ Fresh entrant for all leave purposes
Rule 38Leave Preparatory to Retirement (LPR)
Sub-rule (1) โ Quantum and Condition
- ๐
A Govt servant may be permitted to take LPR to the extent of EL due, not exceeding 300 days, together with HPL due โ subject to the condition that such leave extends up to and includes the date of retirement. โ EL max 300 days ยท must touch retirement date
- โNote: LPR shall not include EOL.
Sub-rule (2) โ Govt Servant on Foreign Service in Local Body
- (a)Where Govt servant is on foreign service in or under a Local Authority / Corporation / Company wholly or substantially owned/controlled by Govt or a Body controlled/financed by Govt: the decision to grant or refuse LPR shall be taken by the foreign employer with the concurrence of the lending authority under Central Govt.
- (b)Such Govt servant shall also be allowed to encash EL at credit on the date of retirement in the manner provided in Rule 39(2).
Sub-rule (3) โ Foreign Service in Other Bodies
- ๐Where Govt servant is on foreign service in or under a local body other than the one in sub-rule (2)(a), LPR shall be admissible only when he quits duty under the foreign employer.
- โProviso: Where the Govt servant continues in service under such foreign employer, he shall not be eligible for cash payment in lieu of leave under Rule 39.
Rule 38-AEncashment of Earned Leave along with LTC while in service
Sub-rule (1) โ Conditions
- ๐A Govt servant may be permitted to encash EL up to 10 days at the time of availing LTC while in service, subject to: โ Max 10 days per LTC
- (a)A balance of at least 30 days of EL is available at credit after accounting for encashment and leave being availed. โ 30-day minimum balance
- (b)Total EL so encashed during entire career does not exceed 60 days in aggregate. โ 60-day lifetime cap
Sub-rule (2) โ Formula for Cash Equivalent
๐ Cash Equivalent Formula โ Rule 38-A
Cash equivalent = [(Pay + DA on date of availing LTC) รท 30] ร Number of days of EL encashed (max 10 days)
Note: No House Rent Allowance is included in the cash equivalent (Sub-rule (3)).
Sub-rule (4) โ Not Counted Against Other Encashment Limits
- ๐The period of EL encashed under Rule 38-A shall not be deducted from the quantum of leave that can normally be encashed under Rules 6, 39, 39-A, 39-B, 39-C and 39-D.
Sub-rule (5) โ Failure to Avail LTC
Consequence if LTC is not availed within prescribed time: The Govt servant shall be required to refund the entire amount of leave encashed along with interest at 2% above the rate of interest allowed on PF balances. He shall also be entitled to credit back of leave so debited. โ 2% above PF rate
Rule 39Cash Payment in lieu of Leave โ Retirement / Cessation of Service
Sub-rule (1) โ No Leave Beyond These Dates
- โNo leave shall be granted beyond: (a) date of retirement ยท (b) date of final cessation of duties ยท (c) date of retirement by notice or pay in lieu of notice ยท (d) date of resignation.
Sub-rule (2) โ Superannuation: Suo Motu Cash Equivalent
โญ Cash Equivalent on Normal Retirement โ Formula
- ๐The authority competent to grant leave shall suo motu issue an order granting cash equivalent of EL + HPL at credit on date of retirement โ maximum 300 days overall. โ 300 days overall cap
- ๐ฐFor EL component: Cash = [(Pay + DA on retirement date) รท 30] ร Days of EL at credit
- ๐ฐFor HPL component: Cash = [(Half Pay leave salary + DA thereon) รท 30] ร Days of HPL at credit
- ๐Overall limit for both EL and HPL combined: 300 days. No commutation of HPL to make up shortfall in EL.
- ๐Payable as one lump sum as one-time settlement.
Sub-rule (3) โ Withholding on Disciplinary Proceedings
Power to Withhold: Where a Govt servant retires while under suspension or while disciplinary or criminal proceedings are pending, the competent authority may withhold whole or part of cash equivalent of EL if there is a possibility of money becoming recoverable on conclusion of proceedings. On conclusion, the withheld amount shall be paid after adjustment of Govt dues.
Sub-rule (4) โ Service Extended Beyond Retirement Date
- (i)During period of extension: EL due for extension period + EL at credit on date of retirement โ subject to max 180/300 days as per Rule 26.
- (ii)After expiry of extension: cash equivalent of EL+HPL at retirement + EL+HPL earned during extension minus leave availed during extension โ subject to max 300 days.
Sub-rule (5) โ Retirement by Notice or Pay in Lieu of Notice
- ๐Suo motu cash equivalent of EL+HPL at credit โ subject to max 300 days. Same formula as sub-rule (2).
Sub-rule (6) โ Various Modes of Cessation
๐ Sub-rule (6) โ Cash Equivalent by Mode of Separation
| Mode | Leave Encashed | Maximum |
|---|
| Services terminated by notice / pay in lieu (6)(a)(i) | EL + HPL at credit | 300 days |
| Resignation or quitting service (6)(a)(ii) | EL only โ half of EL at credit | 150 days โ Half of EL, max 150 days |
| Termination of re-employment (6)(a)(iii) | EL + HPL at credit on termination date | 300 days (including encashment at retirement) |
Rule 39-ACash Equivalent of Leave Salary โ Death in Service
- ๐ฐCash equivalent of EL+HPL at credit of the deceased Govt servant on the date of death, not exceeding 300 days, shall be paid to his family in the manner specified in Rule 39-C. Same formula as Rule 39(2). โ 300 days
- ๐Note: In addition to cash equivalent of leave salary, the family shall also be entitled to payment of Dearness Allowance only as per separately issued orders.
Rule 39-BCash Equivalent of Leave Salary โ Invalidation from Service
- ๐ฅSub-rule (1): A Govt servant declared by a Medical Authority to be completely and permanently incapacitated for further service may be granted, suo motu, cash equivalent of EL+HPL at credit on date of invalidation โ maximum 300 days. Same formula as Rule 39(2).
- โ ๏ธSub-rule (2): A Govt servant not in permanent or quasi-permanent employ shall not be granted cash equivalent in respect of HPL standing at his credit on the date of invalidation. โญ Non-permanent: no HPL encashment
Rule 39-CPayment of Cash Equivalent โ Death of Govt Servant (Order of Payment)
In the event of death (in service, after retirement, or after cessation of duties but before actual receipt of cash equivalent), the amount shall be payable in the following order:
๐ 11-Rung Order of Payment
- (i)Widow (eldest surviving widow by date of marriage if more than one) / Husband (if female Govt servant)
- (ii)Eldest surviving son or adopted son
- (iii)Eldest surviving unmarried daughter
- (iv)Eldest surviving widowed daughter
- (v)Father
- (vi)Mother
- (vii)Eldest surviving married daughter
- (viii)Eldest surviving brother below the age of 18 years
- (ix)Eldest surviving unmarried sister
- (x)Eldest surviving widowed sister
- (xi)Eldest child of the eldest predeceased son
Rule 39-DCash Equivalent โ Permanent Absorption in PSU / Autonomous Body
- ๐ญA Govt servant permitted to be absorbed in a Corporation/Company/Body wholly or substantially owned or controlled by Central/State Govt shall be granted, suo motu, cash equivalent of EL at credit on the date of absorption โ subject to maximum of 300 days. Same formula as Rule 39(2).
- โ ๏ธNote โ "Permanent absorption" means: A Govt servant who applied through proper channel for a PSU/Autonomous Body post and resigns from Govt service to take up that appointment. โญ Only EL, not HPL
Rule 40Leave Salary
๐ Leave Salary โ Complete Summary
| Type of Leave | Leave Salary (Sub-rule) |
|---|
| Earned Leave | Pay drawn immediately before proceeding on EL (sub-rule (1)) |
| Half Pay Leave / Leave Not Due | Half of the amount in sub-rule (1) (sub-rule (3)) |
| Commuted Leave | Full pay โ same as EL (sub-rule (4)) |
| Extraordinary Leave | Nil (sub-rule (5)) |
| EL earned during re-employment | Pay exclusive of pension and pension equivalent of retirement benefits (sub-rule (7)(c)) |
โญ Important Notes โ Rule 40
- ๐Foreign service out of India: Pay which the Govt servant would have drawn if on duty in India but for foreign service shall be substituted for the pay actually drawn while calculating leave salary.
- ๐ESI Act employees (sub-rule (8)): Leave salary payable during leave other than EL shall be reduced by the amount of ESI benefit payable for the corresponding period.
- ๐Sub-rule (9) โ Adjustment on retirement/resignation: If leave already availed is more than credit due, necessary adjustment shall be made in respect of leave salary overdrawn. Overpayment also recovered in cases of dismissal/removal or death.
Rule 41Drawal of Leave Salary
- ๐The leave salary payable under these rules shall be drawn in rupees in India.
Rule 42Advance of Leave Salary
- ๐ฐA Govt servant (including a Govt servant on foreign service) proceeding on leave for a period of not less than 30 days may be allowed an advance in lieu of leave salary of up to one month's pay and allowances admissible on that leave salary.
- ๐Subject to deductions on account of: Income Tax, Provident Fund, House Rent, Recovery of Advances, etc. โญ 30-day minimum for advance
โญ Key Numbers to Remember โ Chapter IV
- ๐EL credited: 15+15 days (1st Jan & 1st July) ยท Rate: 2.5 days/completed month ยท Max: 300 days
- ๐285-day trigger: If EL >285 days on 31 Dec/30 Jun, advance credit kept separately, adjusted first
- ๐EL max at one time: 180 days (in India) ยท Up to 300 days if Class I/II and entire/part leave spent outside specified countries
- ๐EL reduction for EOL/dies non: 1/10th of period, max 15 days
- ๐HPL credited: 10+10 days (1st Jan & 1st July) ยท Rate: 5/3 days/completed month ยท No accumulation cap
- ๐HPL reduction for dies non: 1/18th of period, max 10 days
- ๐Commuted leave: Max half of HPL at credit ยท 1 day = 2 HPL days debited ยท 180 days without MC for approved course of study
- ๐Leave Not Due: Permanent/quasi-permanent: 360 days ยท Temporary (TB/Leprosy/Cancer/MH + 1yr service): 360 days
- ๐EOL limits (non-permanent): 3M / 6M (1yr + MC) / 18M (TB/Leprosy/Cancer/MH + 1yr) / 24M (study + 3yrs)
- ๐Study EOL Bond (Form 6): Refund if leaves within 3 years of return ยท 2 permanent sureties
- ๐LPR: EL max 300 days ยท Must include date of retirement ยท No EOL in LPR
- ๐Rule 38-A (LTC encashment): Max 10 days per LTC ยท 30-day EL balance must remain ยท 60 days lifetime ยท No HRA ยท Failure: refund + 2% above PF rate
- ๐Rule 39 (superannuation): EL+HPL max 300 days ยท Resignation/quitting: half of EL, max 150 days
- ๐Rule 39-C order: 11 rungs ยท "Eldest surviving widow" = by date of marriage, not age
- ๐Rule 39-D (PSU absorption): EL only, max 300 days ยท No HPL
- ๐Rule 42 advance: Leave of 30+ days required ยท Up to 1 month's pay and allowances
Chapter V
Special Kinds of Leave other than Study Leave
Rules 43 to 49 ยท Maternity ยท Paternity ยท Child Adoption ยท CCL ยท WRIIL ยท Seamen ยท Sexual Harassment ยท Departmental Leave
Rules at a Glance
| Rule No. | Rule Title | Key Point |
|---|
| Rule 43 | Maternity Leave | 180 days ยท Female Govt servant (including apprentice) ยท <2 surviving children ยท Full pay ยท Not debited to leave account ยท Miscarriage/abortion: 45 days (irrespective of children) ยท Combination: any leave + commuted leave (max 60 days) + leave not due up to 2 years in continuation ยท Surrogacy: surrogate + commissioning mother (both if Govt servants) eligible for 180 days |
| Rule 43-A | Paternity Leave | 15 days ยท Male Govt servant (including apprentice) ยท <2 surviving children ยท Within 15 days before or 6 months after delivery ยท Full pay ยท Not debited ยท Not normally refused ยท Lapses if not availed within period ยท Surrogacy: commissioning father eligible within 6 months of delivery |
| Rule 43-AA | Paternity Leave for Child Adoption | 15 days ยท Male Govt servant (including apprentice) ยท <2 surviving children ยท Child below 1 year ยท Within 6 months from pre-adoption foster care or valid adoption ยท Not debited ยท Lapses if not availed ยท If foster care not followed by valid adoption: leave debited from other leave ยท "Child" includes ward under Guardians and Wards Act if treated as family member + special will |
| Rule 43-B | Child Adoption Leave | 180 days ยท Female Govt servant ยท <2 surviving children ยท Child below 1 year ยท Immediately after foster care or valid adoption ยท Full pay ยท Not debited ยท If foster care not followed by adoption: leave debited from other leave ยท In continuation: leave due + leave not due + commuted leave (max 60 days, no MC) up to 1 year minus child's age at adoption ยท "Child" includes ward |
| Rule 43-C | Child Care Leave (CCL) | 730 days during entire service ยท Female Govt servant + single male Govt servant ยท For 2 eldest surviving children ยท Child: below 18 years OR any age with โฅ40% disability ยท Max 3 spells/calendar year (single female: 6 spells) ยท Min 5 days at a time ยท Not during probation except extreme situations ยท 100% salary for first 365 days; 80% for next 365 days ยท Not debited ยท Combination: any leave + commuted leave (max 60 days) + leave not due up to 1 year in continuation ยท Surrogacy: commissioning mother (<2 children) eligible ยท Hospital inpatient child: authority may relax to 6 spells |
| Rule 44 | Work Related Illness and Injury Leave (WRIIL) | Illness/injury attributable to/aggravated by official duties or official position ยท Full pay during entire hospitalization ยท Beyond hospitalization: non-military โ full pay 6 months + half pay 12 months (half pay period may be commuted) ยท CAPF officers: full pay 6M + full pay 24M ยท CAPF below officer rank: full pay, no limit ยท ESI/Workmen's Compensation: leave salary reduced by compensation/benefit ยท No EL or HPL credited during WRIIL |
| Rule 45โ46 | Omitted | โ |
| Rule 47 | Seamen's sick leave | Officers/warrant/petty officers on Govt vessel ยท Medical treatment (illness or injury): max 6 weeks on full pay ยท Disabled in exercise of duty: max 3 months on full pay (Govt MO certificate + disability not self-caused + vacancy not filled) ยท Not granted if malingering/drunkenness/self-inflicted ยท Workmen's Compensation/ESI: leave salary reduced by compensation/benefit |
| Rule 48 | Special Leave โ Sexual Harassment | Up to 90 days ยท Aggrieved female Govt servant ยท On recommendation of Internal/Local Committee ยท During pendency of inquiry under POSH Act 2013 ยท Not debited against leave account |
| Rule 49 | Departmental Leave | For Survey of India field/recess staff and seasonal P&T staff ยท Only when services temporarily not required ยท Not debited ยท May be granted when no leave is due ยท Recess: max 18 months ยท Non-recess (Survey of India): max 1 year (6M at a time) ยท Leave salary: 25% of EL salary + DA only ยท Paid monthly for first 6M; thereafter on return ยท Without leave salary only with Presidential authorisation |
Rule 43Maternity Leave
Sub-rule (1) โ Duration and Eligibility
- ๐ฉA female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave for a period of 180 days from the date of its commencement. โ 180 days
Sub-rule (2) โ Leave Salary
- ๐ฐDuring maternity leave, she shall be paid leave salary equal to pay drawn immediately before proceeding on leave (full pay).
- ๐ESI Act Note: Where ESI Act 1948 applies, the leave salary shall be reduced by the amount of ESI benefit payable for the corresponding period.
Sub-rule (3) โ Miscarriage / Abortion
โญ Maternity Leave for Miscarriage / Abortion
- ๐
Maternity leave not exceeding 45 days may also be granted to a female Govt servant (irrespective of the number of surviving children) during the entire service in case of miscarriage including abortion โ on production of medical certificate as per Rule 19. โ 45 days ยท Irrespective of number of children
- ๐Maternity leave availed before the commencement of the CCS(Leave) Amendment Rules, 1995 shall not be taken into account for the purpose of this sub-rule.
Sub-rule (4) โ Combination with Other Leave
- โ
(a) Maternity leave may be combined with leave of any other kind.
- โ
(b) Notwithstanding the requirement of medical certificate in Rule 30(1) or Rule 31(1), leave of the kind due and admissible โ including commuted leave for a period not exceeding 60 days and leave not due โ up to a maximum of two years โ may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1). โ Up to 2 years continuation ยท commuted leave max 60 days without MC
Sub-rule (5) โ Not Debited to Leave Account
- ๐Maternity leave shall not be debited against the leave account.
Sub-rule (6) โ Surrogacy (Added 2024)
โ
Surrogacy Provision โ Added June 2024
- ๐In case of surrogacy, both the surrogate mother and the commissioning mother with less than two surviving children may be granted maternity leave of 180 days, in case either or both of them are Government servants. Added 2024
- ๐"Surrogate mother" means the woman who bears the child on behalf of the commissioning mother.
Rule 43-APaternity Leave
Sub-rule (1) โ Duration, Eligibility and Period
- ๐จA male Government servant (including an apprentice) with less than two surviving children may be granted paternity leave for a period of 15 days during the confinement of his wife for childbirth โ i.e., up to 15 days before, or up to six months from the date of delivery. โ 15 days ยท within 6 months
Sub-rules (2) to (5) โ Leave Salary, Combination, Debit, Lapse
- ๐ฐ(2) Leave salary: pay drawn immediately before proceeding on leave (full pay).
- โ
(3) Paternity leave may be combined with leave of any other kind.
- ๐(4) Paternity leave shall not be debited against the leave account.
- โ ๏ธ(5) If paternity leave is not availed within the period specified in sub-rule (1), such leave shall be treated as lapsed. โ Lapses if not availed
Sub-rule (6) โ Surrogacy (Added 2024)
โ
Surrogacy Provision โ Added June 2024
- ๐In case of a child begotten through surrogacy, the commissioning father who is a male Govt servant with less than two surviving children may be granted paternity leave of 15 days within 6 months from the date of delivery. Added 2024
- ๐"Commissioning father" means the intending father of the child born through surrogacy.
Note: Paternity Leave shall not normally be refused under any circumstances.
Rule 43-AAPaternity Leave for Child Adoption
Sub-rule (1) โ Eligibility and Duration
- ๐จA male Government servant (including an apprentice) with less than two surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted paternity leave for a period of 15 days, within a period of six months from the date of accepting the child in foster care or valid adoption. โ 15 days ยท Child below 1 year ยท within 6 months
Proviso โ Foster Care Not Followed by Adoption: If pre-adoption foster care is not followed by valid adoption, the paternity leave already availed shall be debited from any other kind of leave available to the credit of the male Govt servant.
Sub-rules (2) to (5)
- ๐ฐ(2) Leave salary: full pay drawn immediately before proceeding on leave.
- โ
(3) Paternity leave may be combined with leave of any other kind.
- ๐(4) Paternity leave shall not be debited against the leave account.
- โ ๏ธ(5) If paternity leave is not availed within the specified period, such leave shall be treated as lapsed.
โญ Definition of "Child" for this Rule
- ๐"Child" includes a child taken as ward by the Government servant under the Guardians and Wards Act, 1890 or the personal law applicable โ provided: the ward lives with the Govt servant, is treated as a member of the family, and the Govt servant has through a special will conferred the same status as a natural born child.
- ๐Paternity Leave shall not normally be refused under any circumstances.
Rule 43-BChild Adoption Leave
Sub-rule (1) โ Eligibility and Duration
- ๐ฉA female Government servant with fewer than two surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted child adoption leave for a period of 180 days, immediately after accepting the child in foster care or on valid adoption. โ 180 days ยท Child below 1 year
Proviso โ Foster Care Not Followed by Adoption: If pre-adoption foster care is not followed by valid adoption, the leave already availed shall be debited from any other kind of leave available to the credit of the female Govt servant.
Sub-rule (2) โ Leave Salary
- ๐ฐDuring child adoption leave, she shall be paid leave salary equal to pay drawn immediately before proceeding on leave (full pay).
Sub-rule (3) โ Combination and Continuation
- โ
(a) Child adoption leave may be combined with leave of any other kind.
โญ Sub-rule (3)(b) โ Extension in Continuation of Child Adoption Leave
- ๐In continuation of child adoption leave, a female Govt servant on valid adoption may also be granted, if applied for, leave of the kind due and admissible โ including leave not due and commuted leave not exceeding 60 days without MC โ for a period up to one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave already granted. โ Commuted leave max 60 days without MC
- โProviso: This facility shall not be admissible if she is already having two surviving children at the time of adoption.
Sub-rule (4) โ Not Debited to Leave Account
- ๐Child adoption leave shall not be debited against the leave account.
- ๐Note โ "Child": Includes a child taken as ward under the Guardians and Wards Act, 1890 or applicable personal law โ provided the ward lives with the Govt servant, is treated as a family member, and through a special will has been conferred the same status as a natural born child.
Rule 43-CChild Care Leave (CCL)
Sub-rule (1) โ Eligibility and Total Quantum
- ๐
A female Government servant and a single male Government servant may be granted CCL for a maximum period of 730 days during entire service for taking care of their two eldest surviving children. โ 730 days ยท Two eldest children
- ๐Purpose: for rearing or looking after any of their needs such as education, sickness and the like.
Sub-rule (2) โ Definition of "Child"
๐ "Child" for CCL purposes โ Two Categories
- (a)A child below the age of 18 years; or
- (b)An offspring of any age with a minimum disability of 40% as specified in the MoSJE Notification No. 16-18/97-NI.1 dated 01.06.2001. โญ Any age if โฅ40% disability
Sub-rule (3) โ Conditions
โญ Key Conditions for Grant of CCL
- (i)Not granted for more than three spells in a calendar year. โ 3 spells per year (general)
- โ
Relaxation: Leave sanctioning authority may relax up to 3 additional spells beyond the existing 3 (i.e., up to 6 spells total) where the child is admitted in hospital as inpatient. [DoPT OM dated 29.07.2024]
- (ii)In case of a single female Government servant, grant in three spells per year shall be extended to six spells in a calendar year. โญ Single female: 6 spells
- (iii)Shall not ordinarily be granted during probation period, except in extreme situations where leave sanctioning authority is satisfied about the need and the period is minimal.
- (iv)CCL may not be granted for a period less than 5 days at a time. โ Minimum 5 days at a stretch
Sub-rule (4) โ Leave Salary
๐ CCL Salary Rates
- ๐ฐFirst 365 days: 100% of salary
- ๐ฐNext 365 days: 80% of salary โญ 80% for second block
- ๐Explanation โ "Single Male Government servant" means an unmarried, or widower, or divorcee Government servant.
Sub-rules (5), (6), (7) and (8)
- โ
(5) CCL may be combined with leave of any other kind.
- โ
(6) Notwithstanding the MC requirement in Rule 30(1) or 31(1), leave of the kind due and admissible โ including commuted leave not exceeding 60 days and leave not due โ up to a maximum of one year โ if applied for, may be granted in continuation with CCL. โ Commuted leave max 60 days without MC in continuation
- ๐(7) CCL shall not be debited against the leave account.
โ
Sub-rule (8) โ Surrogacy Provision (Added 2024)
- ๐In case of surrogacy, the commissioning mother with less than two surviving children may be granted CCL. Added 2024
- ๐"Commissioning mother" means the intending mother of the child born through surrogacy.
Rule 44Work Related Illness and Injury Leave (WRIIL)
- ๐ฅWRIIL may be granted to a Government servant (whether permanent or temporary) who suffers illness or injury that is attributable to or aggravated in the performance of official duties or in consequence of official position โ subject to Rule 19(1). โญ Attributable to official duties
Condition (1) โ During Hospitalization
- ๐ฐFull pay and allowances shall be granted during the entire period of hospitalization. โ Full pay for entire hospitalization
Condition (2) โ Beyond Hospitalization
๐ WRIIL Beyond Hospitalization โ Three Categories
| Category | Entitlement |
|---|
| (a) Govt servant (non-military officer) | Full pay for first 6 months after hospitalization + Half pay for next 12 months. The half pay period may be commuted to full pay with corresponding HPL days debited from leave account. |
| (b) CAPF Officers | Full pay for first 6 months after hospitalization + Full pay for next 24 months |
| (c) CAPF Below Officer Rank | Full pay and allowances with no limit regarding period No time limit |
Conditions (3) and (4)
- ๐(3) Where the Workmen's Compensation Act, 1923 applies, the leave salary payable under WRIIL shall be reduced by the amount of compensation paid under the Act.
- โ ๏ธ(4) No EL or HPL shall be credited during the period that the employee is on WRIIL. โ No EL/HPL credit during WRIIL
Rule 47Seamen's Sick Leave
Sub-rule (1) โ Sick Leave for Officers/Warrant/Petty Officers
- โA Govt servant serving as an officer, warrant officer or petty officer on a Government vessel, while undergoing medical treatment for sickness or injury (on vessel or in hospital), may be granted leave on full pay for a period not exceeding six weeks. โ Max 6 weeks
- โProviso โ Not granted if: A Govt Medical Officer certifies the Govt servant is malingering, or that ill-health is due to drunkenness or similar self-indulgence, or to his own action in wilfully causing or aggravating disease or injury.
Sub-rule (2) โ Disability in Exercise of Duty
- โA seaman disabled in the exercise of his duty may be allowed leave on full pay for a maximum period not exceeding three months, if: โ Max 3 months
- (a)A Government Medical Officer certifies the disability
- (b)The disability is not due to the seaman's own carelessness or inexperience
- (c)The vacancy caused by his absence is not filled
Sub-rule (3) โ Compensation/ESI Deduction
- (a)Where the Workmen's Compensation Act, 1923 applies: leave salary shall be reduced by the amount of compensation payable under Section 4(1)(d) of that Act.
- (b)Where the Employees' State Insurance Act, 1948 applies: leave salary shall be reduced by the amount of ESI benefit payable for the corresponding period.
Rule 48Special Leave connected to Inquiry of Sexual Harassment
- โ๏ธLeave up to a period of 90 days may be granted to an aggrieved female Government servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. โ 90 days ยท Female Govt servant only ยท IC/LC recommendation
- ๐Leave granted under this rule shall not be debited against the leave account.
Rule 49Departmental Leave
Sub-rule (1) โ Eligible Categories
- ๐Departmental leave may be granted to:
- (a) Class III Govt servants (other than Division I staff and Clerks) and Class IV Govt servants in the Survey of India, attached to Survey Parties with field and recess duties.
- (b) Members of the seasonal staff in the Posts and Telegraphs Department, whose duties are not continuous but limited to certain fixed periods each year.
Sub-rule (2) โ Only When Services Temporarily Not Required
- ๐In addition to leave due and admissible, departmental leave may be granted only to Government servants whose services are temporarily not required. โญ In addition to other leave
Sub-rules (3) and (4) โ Authority and Maximum Duration
๐ Departmental Leave โ Duration and Sanctioning Authority
| Type | Sanctioned By | Maximum |
|---|
| Survey of India โ Recess (with leave salary) | Head of Party/Office; extended by Surveyor-General | 18 months in all |
| P&T Department โ Recess | Authority not below Divisional Superintendent of Post Offices; extended by PMG/Director of P&T | 18 months in all |
| Survey of India โ Non-Recess (in interest of Govt, not at request of Govt servant) | Directors of Survey of India; extended by Surveyor-General | 6 months at a time; 1 year in all ยท Leave on MC not treated as in interest of Govt |
Sub-rule (5) โ Departmental Leave Without Leave Salary
- ๐Where the President by general or special order authorizes, departmental leave without leave salary may be granted by the Surveyor-General/PMG/Director of P&T in continuation of departmental leave with leave salary.
Sub-rule (6) โ Leave Salary
โญ Departmental Leave Salary Rules
- (a)A Govt servant on departmental leave with leave salary shall be paid 25% of the leave salary admissible during EL under Rule 40(1). No allowance other than Dearness Allowance shall be admissible on such leave salary. โ 25% of EL salary + DA only
- (b)Leave salary is paid at the end of each month for the first six months and thereafter when the Govt servant returns to duty.
- ๐Proviso (Death during departmental leave): Where a Govt servant dies while on departmental leave, his leave salary up to the date of death or the last day of such leave with leave salary, whichever is earlier, shall be paid to his heirs.
Sub-rules (7) to (10) โ Other Provisions
- (7)Departmental leave does not count as duty and shall not be debited to the leave account.
- (8)Departmental leave may be granted when no leave is due. โญ Can be granted without any leave at credit
- (9)Departmental leave may be combined with any other kind of leave which may be due.
- (10)(a)Where the Surveyor-General/PMG/Director of P&T considers that a Govt servant is unlikely to be eligible for departmental leave in future, he may by order in writing declare that, with effect from a specified date (not earlier than the Govt servant's last return from departmental leave), any balance of leave at debit in the leave account shall be cancelled.
- (10)(b)All leave earned after such date shall be credited as due in the leave account; all leave taken after such date (including departmental leave with leave salary) shall be debited in it.
โญ Key Numbers to Remember โ Chapter V
- ๐Maternity Leave: 180 days ยท Female (incl. apprentice) ยท <2 surviving children ยท Miscarriage/abortion: 45 days (irrespective of children) ยท Continuation: any leave + commuted (max 60 days) + leave not due up to 2 years ยท Surrogacy: both surrogate + commissioning mother eligible (2024)
- ๐Paternity Leave: 15 days ยท Male (incl. apprentice) ยท <2 surviving children ยท Within 15 days before or 6 months after delivery ยท Cannot be refused normally ยท Lapses if not availed ยท Surrogacy/adoption also covered
- ๐Child Adoption Leave (female): 180 days ยท Child below 1 year ยท Immediately after foster care/adoption ยท Continuation: leave not due + commuted (max 60 days, no MC) up to 1 year minus child's age at adoption
- ๐CCL: 730 days entire service ยท 2 eldest children ยท Child <18 years OR any age with โฅ40% disability ยท 3 spells/year (single female: 6) ยท Min 5 days ยท 100% pay for 365 days; 80% for next 365 days ยท Continuation: commuted max 60 days + leave not due up to 1 year ยท Hospital inpatient: up to 6 spells (2024)
- ๐WRIIL beyond hospitalization: Non-military: full pay 6M + half pay 12M ยท CAPF officers: full pay 6M + full pay 24M ยท CAPF below officers: no limit ยท No EL/HPL credit during WRIIL
- ๐Seamen's sick leave: Sickness/injury: max 6 weeks full pay ยท Disabled in duty: max 3 months full pay
- ๐Special Leave (POSH): 90 days ยท Female Govt servant only ยท On IC/LC recommendation ยท Not debited
- ๐Departmental Leave salary: 25% of EL salary + DA only ยท First 6M paid monthly; thereafter on return ยท Recess max 18 months ยท Non-recess Survey of India: max 1 year (6M at a time)
- ๐Maternity/Paternity/CCL/Child Adoption Leave: All โ not debited to leave account
Chapter VI
Study Leave
Rules 50 to 63 ยท Conditions ยท Maximum ยท Sanction ยท Leave Salary ยท Allowances ยท TA ยท Fees ยท Resignation
Rules at a Glance
| Rule No. | Rule Title | Key Point |
|---|
| Rule 50 | Conditions for grant of study leave | Higher studies / specialised training with direct connection to sphere of duty ยท Also for: training/study tour in public interest, public administration background, mind-widening studies ยท NOT for academic/literary subjects (except IES/ISS PhD with CEA/CSO approval, Medical Officers with DGHS certificate, specialists with HoD certificate) ยท Foreign exchange approval from DEA required for leave outside India ยท DEA must be satisfied applicant meets minimum educational criteria ยท Not if adequate facilities exist in India ยท 5 years regular continuous service (incl. probation) ยท Not if superannuation within 3 years of expected return (5 years for CHS officers on 36M leave) ยท Bond to serve 3 years after return (5 years for CHS officers) ยท Not granted so frequently as to cause cadre difficulties |
| Rule 51 | Maximum amount of study leave | Generally: max 12 months at a time; max 24 months in entire service (inclusive of similar leave under any other rules) ยท Central Health Service Officers: up to 36 months for PG qualification (bond: serve 5 years after completion) |
| Rule 52 | Applications for study leave | Through proper channel ยท Course/examination to be specified ยท If details not possible or programme changes after leaving India: submit particulars to HoM/competent authority and await approval before commencing course (at own risk if not waited) |
| Rule 53 | Sanction of study leave | Admissibility report from Audit Officer (including prior study leave already availed) ยท If serving temporarily in another dept: concurrence of permanent cadre dept required ยท If abroad: Head of Mission to be informed ยท Bond forms: permanent employee โ Form 7 (study leave) / Form 8 (extension) ยท Non-permanent โ Form 9 (study leave) / Form 10 (extension) ยท Certificate of bond execution sent to Audit Officer ยท On completion: certificates of exams/courses submitted to granting authority (via HoM if abroad) |
| Rule 54 | Accounting of study leave and combination | Not debited to leave account ยท May be combined with other leave ยท Total absence including vacation not to exceed 28 months (36 months for PhD courses) ยท Other leave coinciding with course does not count as study leave |
| Rule 55 | Regulation of study leave extending beyond course | If course falls short of leave granted: must resume duty on conclusion of course, unless prior sanction obtained to treat shortfall period as ordinary leave |
| Rule 56 | Leave Salary during study leave | Outside India: full pay + DA + HRA ยท Inside India: full pay + DA + HRA (subject to certificate of no scholarship/stipend/part-time remuneration) ยท Scholarship/stipend/part-time remuneration adjusted against leave salary (floor: not below HPL salary) ยท Pay revision benefits drawn from date of revision even during study leave |
| Rules 57โ59 | Omitted | โ |
| Rule 60 | Admissibility of allowances | HRA: paid at rates at station of departure for first 180 days; beyond 180 days on production of prescribed certificate ยท No other allowance except DA and HRA |
| Rule 61 | Travelling Allowance during study leave | Ordinarily not paid ยท President may sanction in exceptional circumstances ยท IA&AD: CAG may sanction in exceptional circumstances for study leave in India |
| Rule 62 | Cost of fees for study | Ordinarily borne by Govt servant ยท In exceptional cases President may sanction ยท Not paid if in receipt of scholarship/stipend or permitted to retain part-time remuneration ยท IA&AD: CAG may sanction in exceptional circumstances for study leave in India |
| Rule 63 | Resignation or retirement after study leave | If resigns/retires without returning to duty OR within 3 years of return (5 years for CHS/36M leave) OR fails to complete course: must refund leave salary + fees + TA + expenses (Govt + foreign agencies) with interest ยท Study leave converted to regular leave at credit; balance = EOL ยท Excess leave salary refunded ยท Exceptions: medical retirement after return, deputation to Statutory/Autonomous Body and subsequent permanent absorption in public interest ยท President may waive/reduce refund in public interest or peculiar circumstances |
Rule 50Conditions for grant of study leave
Sub-rule (1) โ Purpose
- ๐Study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, a special course of study consisting of higher studies or specialised training in a professional or technical subject having a direct and close connection with the sphere of his duty.
Sub-rule (2) โ Extended Purposes
- (i)For a course of training or study tour (not necessarily a regular academic/semi-academic course) if certified to be of definite advantage to Government from the point of view of public interest and related to the sphere of duties.
- (ii)For studies connected with the framework or background of public administration โ subject to: approval by the competent authority, and submission of a full report on the work done on return. Note: Applications under clause (iii) shall be considered on merits in consultation with DoE, MoF.
- (iii)For studies which may not be closely or directly connected with the work but are capable of widening the Govt servant's mind in a manner likely to improve his abilities as a civil servant and equip him to collaborate with other branches of the public service.
Sub-rule (3) โ Prerequisites Before Grant
Study Leave SHALL NOT be granted unless all conditions are met:- (i)Certified by the competent authority that the study/training shall be of definite advantage from the point of view of public interest.
- (ii)It is for subjects other than academic or literary subjects.
โญ Provisos to Sub-rule (3)(ii) โ Exceptions Allowing Academic Study
- ๐IES/ISS officers: May be granted study leave for PhD research โ with approval of Chief Economic Adviser (IES) or Director, CSO (ISS), certificate that study will increase efficiency, and (for foreign universities) certificate that facilities not available in India.
- ๐Medical Officers: May be granted study leave for postgraduate study in Medical Sciences โ if DGHS certifies study shall increase efficiency.
- ๐Specialist/technical person: May be granted study leave for postgraduate course directly related to sphere of duty โ if HoD/Secretary certifies it will enable keeping abreast with modern development, improve technical standards and substantially benefit the Dept/Ministry.
- (iii)Where study leave is outside India: DEA, MoF must agree to release of foreign exchange. DEA shall satisfy itself that the Govt servant complies with minimum educational criteria as per general orders regulating release of foreign exchange for persons proceeding abroad for higher studies.
Sub-rule (4) โ No Study Leave Outside India if Facilities Exist in India
- โStudy leave outside India shall not be granted for prosecution of studies in subjects for which adequate facilities exist in India or under any schemes administered by DEA/Ministry of Education.
Sub-rule (5) โ Personal Eligibility Conditions
๐ Three Personal Eligibility Conditions
- (i)Has satisfactorily completed probation and rendered not less than 5 years' regular continuous service including the period of probation under Government. โ 5 years
- (ii)Is not due to reach superannuation within 3 years from the date on which he is expected to return to duty after expiry of leave โ 5 years in the case of Central Health Service Officers granted 36 months' study leave. โ 3 years (5 for CHS/36M)
- (iii)Executes a Bond under Rule 53(4) undertaking to serve Government for a period of 3 years after expiry of leave โ 5 years in the case of CHS Officers granted 36 months' study leave. โ Bond: 3 years (5 for CHS/36M)
Sub-rule (6) โ Frequency of Grant
- ๐Study leave shall not be granted with such frequency as to remove the Govt servant from contact with his regular work or to cause cadre difficulties owing to his absence on leave.
Rule 51Maximum Amount of Study Leave
โญ Maximum Study Leave โ Two Categories
| Category | At one time | Entire service | Bond |
|---|
| All Govt servants (except CHS) | 12 months | 24 months (inclusive of similar leave under any other rules) | Serve 3 years after return |
| Central Health Service Officers (PG qualification) | Up to 36 months | โ | Serve 5 years after completion of course |
Rule 52Applications for Study Leave
- ๐Sub-rule (1): Every application shall be submitted through proper channel to the authority competent to grant leave. The course/courses of study and examinations proposed shall be clearly specified.
- ๐Sub-rule (2): Where full details cannot be given in the application, or if a change in the approved programme occurs after leaving India โ the Govt servant shall submit particulars to the Head of Mission or competent authority as soon as possible and shall not commence the course or incur expenses until approval is received (at own risk if commenced without approval).
Rule 53Sanction of Study Leave
- ๐Sub-rule (1): A report regarding admissibility of study leave (including any study leave already availed) shall be obtained from the Audit Officer.
- ๐คSub-rule (2): Where a Govt servant serving temporarily in another dept/establishment, the grant of study leave shall be subject to concurrence of the permanent cadre dept/establishment.
- ๐Sub-rule (3): Where study leave is for prosecution of studies abroad, the Head of Mission concerned shall be informed by the authority granting the leave (via the concerned Ministry if granted by an Administrator). The Head of Mission shall be contacted by the Govt servant for letters of introduction or other facilities.
๐ Sub-rule (4) โ Bond Forms โ Four Forms
| Type of Govt Servant | Study Leave | Extension of Study Leave |
|---|
| In permanent employ | Form 7 | Form 8 |
| Not in permanent employ | Form 9 | Form 10 |
Bond must be executed before study leave/extension commences. The authority shall send a certificate of bond execution to the Audit Officer.
- ๐Sub-rule (5): On completion of the course, the Govt servant shall submit to the granting authority the certificates of examinations passed or special courses undertaken, indicating date of commencement and termination with any remarks of the authority in charge of the course. If abroad, certificates submitted through the Head of Mission.
Rule 54Accounting of Study Leave and Combination with other Kinds of Leave
- ๐Sub-rule (1): Study leave shall not be debited against the leave account of the Government servant. โญ Not debited
โญ Sub-rule (2) โ Total Absence Limit when Combining Study Leave with Other Leave
- ๐Study leave may be combined with other kinds of leave, but in no case shall the grant of study leave in combination with other leave (other than extraordinary leave) involve a total absence of more than:
- ๐28 months โ generally โ 28 months
- ๐36 months โ for courses leading to a PhD degree โ 36 months for PhD
- ๐Explanation: The limit of 28/36 months includes the period of vacation.
- ๐Sub-rule (3): A Govt servant may undertake or commence a course of study during any other kind of leave if he so desires.
- โ ๏ธProviso: The period of such other leave coinciding with the course of study shall not count as study leave. โญ Other leave during course โ study leave
Rule 55Regulation of Study Leave Extending Beyond Course of Study
- ๐When the course of study falls short of the study leave granted, the Govt servant shall resume duty on the conclusion of the course, unless the previous sanction of the competent authority has been obtained to treat the period of shortfall as ordinary leave.
Rule 56Leave Salary during Study Leave
๐ Leave Salary Rates During Study Leave
| Study Leave Location | Leave Salary Components |
|---|
| Outside India [Sub-rule (1)] | Full pay + DA + HRA |
| Inside India [Sub-rule (2)] | Full pay + DA + HRA as admissible per Rule 60 โ subject to certificate under sub-rule (3) |
- ๐Sub-rule (3) โ Certificate required for India study leave: Full-rate leave salary subject to furnishing a certificate that he is not in receipt of any scholarship, stipend or remuneration in respect of any part-time employment.
โญ Sub-rule (4) โ Scholarship / Stipend / Part-time Remuneration Adjustment
- ๐Any amount received during study leave as scholarship, stipend, or part-time employment remuneration shall be adjusted against the leave salary payable.
- โ ๏ธCondition: Leave salary shall not be reduced to an amount less than the leave salary admissible during half pay leave. โ Floor = HPL salary rate
- ๐Sub-rule (6): During study leave (within or outside India) on or after 1st January 1996, a Central Govt servant shall draw benefits of Revised Pay from the date such revision took place.
Rule 60Admissibility of Allowances in Addition to Study Allowance
- ๐ Sub-rule (1) โ HRA: For the first 180 days of study leave, HRA shall be paid at rates admissible at the station from where he proceeded on study leave. Continuance beyond 180 days is subject to production of the prescribed certificate. โ HRA up to 180 days freely; beyond 180 days on certificate
- โSub-rule (2): Except for HRA (as per sub-rule (1)) and DA (where admissible), no other allowance shall be paid to a Government servant in respect of the period of study leave. โญ Only HRA + DA permissible
Rule 61Travelling Allowance during Study Leave
- โA Government servant on study leave shall ordinarily not be paid Travelling Allowance.
- โ
The President may in exceptional circumstances sanction the payment of TA.
- ๐Note โ IA&AD: Where a Govt servant serving in the Indian Audit and Accounts Department is on study leave in India, the Comptroller and Auditor-General of India may in exceptional circumstances sanction the grant of TA.
Rule 62Cost of Fees for Study
- โA Government servant on study leave shall ordinarily be required to meet the cost of fees paid for the study himself.
- โ
In exceptional cases, the President may sanction the grant of such fees.
- โProviso: The cost of fees shall in no case be paid to a Govt servant who is in receipt of a scholarship or stipend from whatever source or who is permitted to receive or retain any remuneration in respect of part-time employment.
- ๐Note โ IA&AD: The Comptroller and Auditor-General of India may in exceptional circumstances sanction the grant of cost of fees where a Govt servant serving in IA&AD is on study leave in India.
Rule 63Resignation or Retirement after Study Leave / Non-completion of Course
Sub-rule (1) โ Refund Obligation
Refund Required if Government Servant:- โResigns, retires, or otherwise quits service without returning to duty after study leave, or
- โResigns, retires, or quits within 3 years of return to duty (5 years for CHS Officers granted 36 months' leave), or
- โFails to complete the course of study and is unable to furnish the certificates under Rule 53(5)
Amount to refund:
- (i)Actual amount of leave salary, cost of fees, TA and other expenses incurred by the Govt of India
- (ii)Actual amount of cost incurred by foreign Govts, Foundations and Trusts โ together with interest at rates applicable to Govt loans, from the date of demand
Refund must be made before resignation is accepted / permission to retire is granted / quitting service is allowed.
โ
Proviso โ Refund NOT Required (Except for Non-completion of Course)
- (a)A Govt servant who, after return to duty from study leave, is permitted to retire on medical grounds.
- (b)A Govt servant who, after return from study leave, is deputed to a Statutory or Autonomous Body under Govt control and is subsequently permitted to resign to take up permanent absorption in that body in the public interest.
Sub-rule (2) โ Conversion of Study Leave on Refund Obligation
- (a)Study leave availed shall be converted into regular leave standing at credit on the date study leave commenced; any regular leave taken in continuation suitably adjusted; balance that cannot be so converted treated as EOL.
- (b)In addition to the refund under sub-rule (1), the Govt servant shall also refund any excess of leave salary actually drawn over the leave salary admissible on conversion of study leave.
Sub-rule (3) โ President's Power to Waive/Reduce Refund
- โ
Notwithstanding anything in this rule, the President may, if necessary or expedient in public interest or in view of the peculiar circumstances of the case or class of cases, waive or reduce the amount required to be refunded under sub-rule (1). โญ Presidential waiver power
โญ Key Numbers to Remember โ Chapter VI
- ๐Qualifying service: 5 years (including probation)
- ๐Not within 3 years of superannuation (5 years for CHS officers on 36M study leave)
- ๐Bond to serve: 3 years after return (5 years for CHS/36M)
- ๐Maximum study leave: 12 months at one time ยท 24 months in entire service ยท CHS Officers for PG: up to 36 months
- ๐Bond Forms: Permanent โ Form 7 (leave) / Form 8 (extension) ยท Non-permanent โ Form 9 (leave) / Form 10 (extension)
- ๐Total absence when combined with other leave: 28 months generally ยท 36 months for PhD courses ยท includes vacation
- ๐Leave salary: Full pay + DA + HRA (both India and outside India) ยท Scholarship/stipend adjusted (floor = HPL salary)
- ๐HRA beyond 180 days only on production of prescribed certificate
- ๐TA and fees: Ordinarily borne by Govt servant ยท President may grant in exceptional cases ยท Not if receiving scholarship/stipend/part-time remuneration
- ๐Refund bond period: Must serve 3 years after return (5 for CHS/36M) ยท Study leave converted to regular leave on default; excess = EOL ยท Interest at Govt loan rates from date of demand
- ๐No debit: Study leave not debited to leave account
Schedules
First Schedule & Second Schedule
Authorities Competent to Grant Leave ยท Prescribed Forms (Forms 1 to 10)
First Schedule โ Authorities Competent to Grant Leave [See Rule 3(c)]
First ScheduleAuthorities Competent to Grant Leave [Rule 3(c)]
First Schedule at a Glance
| Sl. | Kind of Leave | Authority Competent to Grant Leave |
|---|
| 1 |
Earned Leave ยท Half Pay Leave ยท Commuted Leave ยท Leave Not Due ยท Extraordinary Leave ยท Maternity Leave ยท Hospital Leave ยท Seamen's Sick Leave ยท Paternity Leave ยท Child Adoption Leave ยท Paternity Leave for Child Adoption ยท Child Care Leave | - (i) Ministry / Department of the Central Government
- (ii) Administrator
- (iii) Comptroller and Auditor-General
- (iv) Head of Department
- (v) Any other authority which is the appointing authority
- (vi) Any subordinate authority to which authorities (i) to (v) may delegate the power, subject to any condition specified in the delegation
NOTE 1 โ Foreign Service:- (i) The authority which sanctioned the transfer to foreign service
- (ii) Foreign employer โ power exercisable only for EL not exceeding 120 days. For LPR: prior concurrence of lending authority under Central Govt required as per Rule 38(2)
NOTE 2 โ Serving with State Government:- The State Government or authority specified by it
- (a) For LPR: prior concurrence of Central Govt lending authority required
- If Central lending authority disagrees with refusal of LPR โ LPR must be granted; State may concurrently re-employ the Govt servant during LPR; leave salary regulated per Rule 40(6)
|
| 2 |
Special Disability Leave | - (i) Ministry / Department of the Central Government
- (ii) Administrator
- (iii) Comptroller and Auditor-General
- (iv) Head of Department
- (v) Any other authority which is the appointing authority
|
| 3 |
Study Leave | - (i) Ministry / Department of the Central Government
- (ii) Administrator
- (iii) Comptroller and Auditor-General
|
โญ Key Exam Points โ First Schedule
- ๐Sl. No. 1 (most leave): Authority extends all the way to any delegated subordinate authority โ broadest distribution of powers.
- ๐Sl. No. 2 (Special Disability Leave): Five authorities โ no further delegation mentioned in the schedule.
- ๐Sl. No. 3 (Study Leave): Only three authorities โ Ministry/Dept, Administrator and CAG. โ Most restricted
- ๐Foreign employer can grant EL but capped at 120 days. LPR always requires Central lending authority concurrence regardless of who the employer is.
- ๐Special Leave (Rule 48 โ sexual harassment) and WRIIL (Rule 44) are not separately listed โ governed by those rules themselves.
Second Schedule โ Prescribed Forms [See Rule 3(h)]
Second SchedulePrescribed Forms โ Complete List
The Second Schedule prescribes the forms to be used under the CCS (Leave) Rules, 1972. Below is a complete reference of all forms, their rule citations, and their purpose.
๐ Master Table โ All Prescribed Forms
| Form No. | Rule Reference | Purpose / Title |
|---|
| Form 1 | Rule 14 | Application for Leave or for Extension of Leave |
| Form 2 | Rule 15 | Leave Account |
| Form 3 | Rule 19 | Medical Certificate for Gazetted Officers โ Recommended Leave / Extension / Commutation of Leave |
| Form 3-A | Rules 19 and 20 | Medical Certificate for Government servants who have acquired a disability โ to be recommended leave under Rule 20 (certifies nature of disability, date of onset, and whether prospect of return to duty exists) |
| Form 4 | Rule 19 | Medical Certificate for Non-Gazetted servants โ Leave or Extension of Leave or Commutation of Leave |
| Form 5 | Rule 24(3) | Medical Certificate of Fitness to Return to Duty (issued by Medical Board / Civil Surgeon / Staff Surgeon / AMA / Registered Medical Practitioner) |
| Form 6 | Rule 32(3) | Bond for Temporary Government servants granted Extraordinary Leave in relaxation of Rule 32(2)(e) for study purposes โ with two sureties (jointly and severally liable) |
| Form 7 | Rule 53(4) | Bond by a Government servant in permanent employ when proceeding on Study Leave โ individual bond (no sureties needed) |
| Form 8 | Rule 53(4) | Bond by a Government servant in permanent employ when granted Extension of Study Leave โ individual bond (no sureties needed) |
| Form 9 | Rule 53(4) | Bond by a Government servant not in permanent employ when proceeding on Study Leave โ with sureties (jointly and severally liable) |
| Form 10 | Rule 53(4) | Bond by a Government servant not in permanent employ when granted Extension of Study Leave โ with sureties (jointly and severally liable) |
Form 1Application for Leave or Extension of Leave [Rule 14]
๐ Contents of Form 1 โ Fourteen Fields
- 1Name of applicant
- 2Post held
- 3Department, Office and Section
- 4Pay
- 5House Rent and other Compensatory Allowances drawn in present post
- 6Nature and period of leave applied for, and date from which required
- 7Sundays and holidays, if any, proposed to be prefixed/suffixed to leave
- 8Grounds on which leave is applied for
- 9Date of return from last leave, and nature and period of that leave
- 10Whether Leave Travel Concession is proposed to be availed during the ensuing leave (for the relevant block years)
- 11Address during leave period
- 12Remarks and/or recommendation of the Controlling Officer
- 13Certificate regarding admissibility of leave โ certifying the kind, period and dates of leave as admissible under the specified Rule of CCS (Leave) Rules, 1972
- 14Orders of the authority competent to grant leave โ including indication (where the applicant draws compensatory allowance) of whether on expiry of leave he is likely to return to the same or similar post
Form 3Medical Certificate for Gazetted Officers [Rule 19]
- ๐Certifies that the named Gazetted Govt servant (whose signature is taken on the form) is suffering from a specified ailment and that a period of absence from duty is absolutely necessary for restoration of health.
- ๐Issued by: Civil Surgeon / Staff Surgeon / Authorized Medical Attendant at the CGHS Dispensary or Govt Hospital.
โญ Notes on Form 3
- 2The certifying officer is not at liberty to certify that the Govt servant requires a change from or to a particular locality, or is not fit to proceed to a particular locality โ such certificates only given at the explicit desire of the administrative authority.
- 3No recommendation in the certificate shall be evidence of a claim to any leave not admissible to the Govt servant. โ Certificate โ right to leave
Form 3-AMedical Certificate for Govt Servants with Disability [Rules 19 & 20]
- ๐Form 3-A is used where a Government servant has acquired a disability. It certifies:
- 1That the Govt servant is under medical supervision and suffering from a specified medical condition.
- 2The date from which the medical condition can be reasonably estimated to have manifested.
- 3One of two conclusions (relevant boxes to be struck as applicable):
- (i) It cannot be said with certainty that the Govt servant will never again be fit for service โ recommends leave for a period up to one year.
- (ii) There is no reasonable prospect that the Govt servant will ever be fit to return to duty.
๐ Significance of Form 3-A
- ๐Form 3-A triggers the special provisions of Rule 20 โ leave granted under Form 3-A conclusion (ii) is not debited to the leave account, and any previous HPL debits during the period of uncertainty are remitted back to the leave account.
- ๐As per Rule 19(2-B), no reference from the Head of Office is required for issue of this certificate.
Form 4Medical Certificate for Non-Gazetted Servants [Rule 19]
- ๐Same structure as Form 3 but for non-Gazetted Govt servants. Issued by Authorized Medical Attendant / Government Hospital / or other Registered Medical Practitioner.
โญ Key Notes on Form 4
- 1The nature and probable duration of the illness should be specified.
- 3Where a second medical opinion is required, the authority competent to grant leave should arrange for examination at the earliest possible date by a Medical Officer not below the rank of Civil Surgeon or Staff Surgeon โ who shall express an opinion both as regards the facts of illness and as regards the necessity for the amount of leave recommended.
- 4No recommendation in the certificate shall be evidence of a claim to any leave not admissible.
Form 5Medical Certificate of Fitness to Return to Duty [Rule 24(3)]
- ๐Certifies that the named Govt servant has recovered from his/her illness and is now fit to resume duties in Government service.
- ๐Issued by: Medical Board (3 members) / Civil Surgeon or Staff Surgeon / Authorized Medical Attendant / Registered Medical Practitioner โ depending on the category of Govt servant and duration of leave (per Rule 24(3)).
- โ ๏ธThe issuing authority must state that they have examined the original medical certificate(s) and statement(s) of the case on which leave was granted or extended and have taken these into consideration in arriving at their decision.
โญ Note on Form 5
- ๐Original medical certificate(s) and statements of the case on which leave was originally granted or extended shall be produced before the authority issuing Form 5. For this purpose, the original certificate(s) should be prepared in duplicate โ one copy retained by the Govt servant.
Form 6Bond for Temporary Govt Servants โ EOL for Study [Rule 32(3)]
- ๐This bond is executed by a temporary Govt servant when granted Extraordinary Leave in relaxation of Rule 32(2)(e) for the purpose of study.
- ๐ฅJoint and several bond โ the Govt servant (Obligor) along with two sureties who are permanent Govt servants of comparable or higher status.
๐ Obligation Under Form 6 Bond
- ๐If the Govt servant fails to rejoin the post on expiry of EOL and serve the Government after rejoining for the period required (not exceeding the period specified), or refuses to serve in any other capacity as required โ the Obligor and Sureties shall pay the specified amount with interest at Government loan rates from the date of demand.
- ๐The liability of Sureties shall not be discharged by reason of time being granted or any forbearance by the Government. It is not necessary for the Government to sue the Obligor before suing the Sureties.
- ๐Bond governed by the laws of India; disputes settled by appropriate Courts in India.
Forms 7 & 8Bond for Permanent Employees โ Study Leave and Extension [Rule 53(4)]
- ๐Form 7: Executed by a Government servant in permanent employ when proceeding on Study Leave. Individual bond โ no sureties required (only the Govt servant binds himself/herself).
- ๐Form 8: Executed by a Government servant in permanent employ when granted Extension of Study Leave. Also an individual bond (refers back to the original bond executed at the time of study leave).
โญ Key Obligation Under Forms 7 and 8
- ๐Obligation is triggered if the Govt servant fails to resume duty, or resigns/retires/quits service without returning after expiry of study leave, or fails to complete the course, or quits service within 3 years/5 years after return to duty.
- ๐Important Condition: The period of the bond mandating service after return shall be extended by a comparable period equivalent to the aggregate periods of leave of any kind availed during the currency of the bond period. โ Bond period extended by leave taken during bond
- ๐"Currency of bond" means the period during which the liability of the Government servant is activated and the right of the Government is alive to claim the stipulated amounts from the Government servant who fails to discharge his obligation.
Forms 9 & 10Bond for Non-Permanent Employees โ Study Leave and Extension [Rule 53(4)]
- ๐Form 9: Executed by a Government servant not in permanent employ when proceeding on Study Leave. Joint and several bond with sureties.
- ๐Form 10: Executed by a Government servant not in permanent employ when granted Extension of Study Leave. Also joint and several with sureties (refers back to original bond in Form 9).
๐ Distinction Between Permanent and Non-Permanent Bonds
| Feature | Forms 7 & 8 (Permanent) | Forms 9 & 10 (Non-Permanent) |
|---|
| Liability type | Individual โ Govt servant alone | Joint and several โ Obligor + two Sureties |
| Sureties required | No | Yes โ two sureties who are permanent Govt servants |
| Bond extension clause | Yes โ bond period extended by leave taken during bond currency | Yes โ same extension clause applies |
| Surety's right before being sued | Not applicable | Govt need NOT sue Obligor before suing Sureties |
- ๐Same bond period extension clause applies: the bond period is extended by the aggregate periods of leave of any kind availed during the currency of the bond period.
- ๐Same definition of "currency of bond" applies โ period during which liability is activated and Government's right to claim is alive.
- ๐All bonds governed by the laws of India; disputes settled by appropriate Courts in India.
โญ Quick Revision โ Schedules and Forms
- ๐First Schedule [Rule 3(c)]: Authorities for most leave โ 6 levels including delegation ยท Special Disability Leave and Study Leave โ only Ministry/Dept, Administrator, CAG (and HoD + appointing authority for Special Disability) ยท Foreign employer: EL max 120 days
- ๐Form 1 [R.14] โ Leave application ยท Form 2 [R.15] โ Leave account
- ๐Form 3 [R.19] โ MC for Gazetted ยท Form 4 [R.19] โ MC for Non-Gazetted ยท Form 3-A [R.19 & 20] โ Disability MC ยท Form 5 [R.24(3)] โ Fitness certificate
- ๐Form 6 [R.32(3)] โ Bond for temporary Govt servant โ EOL for study โ with two sureties ยท jointly and severally liable
- ๐Form 7 [R.53(4)] โ Study leave bond ยท permanent employee ยท individual bond ยท Form 8 [R.53(4)] โ Extension of study leave ยท permanent ยท individual
- ๐Form 9 [R.53(4)] โ Study leave bond ยท non-permanent ยท with sureties ยท Form 10 [R.53(4)] โ Extension ยท non-permanent ยท with sureties
- ๐Bond period extension: All study leave bonds (Forms 7โ10) โ bond period extended by leave availed during currency of bond period
- ๐Form 3-A key effect: Conclusion (ii) โ leave not debited to leave account ยท Conclusion (i) โ max 12 months at a time; extension requires fresh reference to Medical Authority
- ๐Form 5 (Fitness): Must state original MCs were examined ยท Prepared in duplicate โ one copy retained by Govt servant