No. 12012/3/2009-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, Dated the 28th December 2012
OFFICE MEMORANDUM
Subject: Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.
The undersigned is directed to state that the matter regarding extension of revised orders on encashment of Earned Leave and Half Pay Leave lo industrial employees at par with the non industrial Central Government employees covered by the CCS (Leave) Rules. 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the provision of this Department’s OM No.14028/3/2008-Estt (L) dated 25th September 2008, mutatis mutandis to industrial employees of Ministries/Department other than Railways.
Accordingly, industrial employees shall be entitled to encash both Earned Leave and Half Pay leave, subject to overall limit of 300. Cash equivalent payable for Learned Leave shall continue unchanged. However, cash equivalent payable for half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefit payable. To make up for the short fall in Earned Leave, no commutation of Half Leave shall be allowed. This Department’s OM No. 14028/25/94-Estt.(L) dated 7th October, 1996, stands amended to this extent.
2.These order shall take effect from the date of 07.11.2006, the date from which accumulation and encashment of 300 days EL were allowed to them and subject to the following conditions :-
(i) The benefit will be admissible in respect of past cases i.e. relating to period w.e.f. 07.11.2006 to till date, on receipt of applications to that effect from the pensioner concerned by the Administrative Ministry concerned.
(ii) In respect of retirees (retired after 07.11.2006), who have already received encashment of earned leave of maximum limit of 300 days together with encashment of HPL, standing at their credit on the date of retirement, such cases need not he reopened. However, such cases of Government servant considered as industrial employees retiring after 07.11.2006, in which there was a shortfall in reaching the maximum limit of 300 days can he reopened.
3. Hindi version will follow.
(Vibha G.Mishra)
Director
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/12012_3_2009-Estt-L.pdf
Sir,
Sub: Encashment of EL and HPL to Industrial Employees.
This is with reference to OM No. 12012/3/2009-Estt.(L) dated 28.12.2012 on the above subject issued by the Ministry of Personnel, PG&Pension, Deptt of P&T. In this connection, I wish to point out that the decision contained in the said OM is biased and unilateral keeping in view the exemption extended to employees of Railways and substantial “Pension” benefit to Central Govt. Employees. Since employees of the Industrial DA and Central DA are not at the same platform, imposing CCS (Leave) Rules, 1972 on employees of IDA pattern is not justified, specailly in the absence of Pension, which needs to be reviewed by the concerned department.
Regards,
Msingh
Sir,
I am an exserviceman and have availed 300 days leave encashment during army service. Thereafter I have served as reemployed civilain in defence for 10 years. Request conirm weather I am entitled for leave encashment in second service for 100 days. Thanking you please.
It is seen after going through the stipulation in the above rules that a person whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre revised pay scale and will get the next increment in the revised pay structure oh 1.7.2006 i.e. on expiry of six months.
Similarly, those, whose next increment is between 1st July 2006 and 1st December, 2006 would also be granted next increment in the revised pay structure on 1.7.2006.
The persons whose increment dates are between 1st Feb. 2006 and 1st June 2006 are now get the next increment on 1.7.2006.
In the case of those who retired on 30th June and completed pensionable service but due to present provision of Date of Increment on 1st July they will not get Increment benefit but their junior whose date of Birth in July will retired on 31 July will get One Increment so senior will suffer a loss of one increment perpetually thus affecting their pension.
So It is should proposed that the persons whose has completed six or more than six month in the year of retirement should be entitle for 1 increment at the time of his retirement
D K Bhatt