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Leave Rules – FAQ

By
igeadmin
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DOP&T – Department of Personnel and Training, has released Leave Rules – FAQS for Central Govt. Employees.

S.No

Frequently  asked Question

Answer

1

 What are the leave entitlement of Govt. servants serving in a vacation Department w.e.f.  1.9.2008? Earned  leave  for persons serving  in  Vacation Departments:-(1)   (a) A Government  servant(other  than  a military officer) serving in a Vacation  Department shall not  be entitled to  any earned leave in respect of  duty performed  in  any year  in which  he  avails himself of  the full vacation.

(b)  In  respect of any  year  in  which  a Government  servant avails himself of a portion  of the vacation,  he  shall be  entitled to earned leave in such proportion  of  30 days, as the number of days of  vacation not  taken  bears  to  the  full  vacation:

Provided that no such leave shall  be admissible  to  a Government  servant not in permanent  employ  or  quasi-permanent  employ in respect of the first year of  his service.

(c) If, in any year, the Government servant does  not  avail  himself  of   any  vacation, earned leave  shall be admissible to  him in respect  of that year under rule 26.

For the purpose of  this rule, the term ‘year’ shall be  construed not  as  meaning a  calendar year  in which  duty is performed but  as  meaning twelve months of actual duty in a Vacation Department.

A Government servant entitled to vacation  shall be considered  to  have  availed  himself  of  a vacation or a portion of a vacation unless he has been  required by general or special  order  of  a higher  authority  to  forgo such  vacation or portion of a vacation:

Provided  that  if  he has  been prevented by such order from enjoying more than fifteen days of the vacation,  he   shall  be considered  to  have availed himself of no portion of the vacation.

When  a Government  servant  serving  in  a Vacation  Department proceeds  on  leave  before completing a  full year  of duty, the earned leave admissible  to him  shall  be  calculated  not  with reference to  the vacations which  fall during the  period  of  actual duty  rendered before proceeding on  leave  but with reference  to  the vacation  that  falls during  the  year  commencing from  the  date on  which he  completed  the previous year of duty.

As per Rule  29(1) the half pay leave account of every Government  servant  (other than a military officer shall  be  credited  with half  pay  leave  in advance, in two installments of  ten days each on the  first  day  of  January  and  July  of  every calendar year.

2

 Whether encashment of  leave is allowed  after LTC is availed. Sanction of leave encashment should, as  a rule, be lone  in  advance,  at   the time  of  sanctioning the LTC.  However, ex-post facto sanction  of  leave encashment  on  LTC may  be  considered  by  the sanctioning  authority  as  an  exception  in  deserving cases  within  the time  limit prescribed  for submission of claims for LTC.

3

 Whether encashment of Leave with LTC  can be availed  at the time when  the LTC is availed by the Government servant only or  can leave be encashed  at the time when LTC is availed by family members? A Govt. servant can be  permitted to encash earned leave  upto  10  days  either at  the  time of  availing LTC  himself  or when  his  family avails it, provided other conditions are satisfied.

4

 Whether leave encashment should be revised on retrospective revision  of pay/D.A? In  terms  of  38-A  of  CCS(Leave)  Rules, encashment  of EL alongwith  LTC  is  to  be calculated  on pay admissible on the date of availing LTC+DA  admissible on  that  date.  If  pay  or  DA admissible  has been revised with retrospective effect,  the  Govt. servant  would  be  entitled  to encashment of Leave on the revised rates.

5

 Whether encashment of Earned Leave allowed  to  a  Govt. servant  prior  to  his joining the  Central  Govt.  is  to   be  taken into account while retiring ceiling of leave encashment  on his  superannuation  and retirement from Central Govt.? Encashment  of EL  allowed  by  the  State Governments,  Public Sector  Undertakings, Autonomous  Bodies for  services  rendered  in  the concerned Govt. etc. need not be taken into accounl for  calculating the ceiling of   300 days  of   Earned leave to  be encashed as  per CCS(Leave) Rule.

6

 Whether leave  encashment  can  be sanctioned  to  a  Govt.  servant  on  his superannuation while under suspension? Leave encashment can be sanctioned, however Rule 39(3)  of  CCS  (Leave) Rules,  1972  allows  with holding of leave encashment in the case of a Govt. servant who retires  from  service  on attaining  the age of  superannuation  while  under suspension  or while disciplinary  or  criminal  proceedings  are pending against him,  if  in  view  of  the  authority there  is  a possibility  of   some  money  becoming recoverable  from  him  on conclusion  of   the proceedings against  him. On conclusion of  the proceedings  he/she  will become  eligible  to  the amount so withheld after adjustment of Government dues, if any.

7

 Whether leave encashment can be sanctioned  to  a  Govt.  servant  on  his dismissal/removal, from service? A  govt.  servant who  is  dismissed/removed  from service  or whose  services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1).  Hence he is not entitled to any leave encashment.

8

  Whether interest is payable  on delayed payment of leave encashment dues? No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.

9

 Whether  a Govt. servant  who  has  been granted study leave may be allowed  to resign  to  take  up  a post  in  other Ministries/Department  of  the Central Govt.  within the bond period? Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond  to  serve the Govt. for a period  of 3 years.  As the Govt. servant would  still be  serving the Govt. / Department he may be allowed to submit his technical resignation  to  take up another post
within the Central Govt.

10

  Whether women employees  of Public sector  undertakings/Bodies  etc. Are entitled to CCL? Orders  issued  by  DOPT are not automatically applicable  to  the  employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry etc. It is for the PSUs/ Autonomous Bodies to  decide the  applicability  of the  rules/instructions issued  for  the central Government employees  to their employees  in  consultation  with  their Administrative Ministries.

11

 Whether Govt. servant can  be permitted  to leave  station/go abroad while on CCL? Child care leave is  granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Govt. servant has to go abroad for taking care of the child, she may do so  subject to other conditions laid down for this purpose.

12

  What  is  the intention  behind  the instruction that  CCL  is to  be  treated  like EL  and sanctioned as such? The intention  is  that  CCL  should be availed  with prior  approval  of  leave sanctioning authority  and that the combination  of  CCL with  other leave,  if any, should be  as per the restriction of combination with EL.  The restriction of the limit of 180 days at a stretch  as  applicable in the case of  EL  will  not apply in  case of CCL. The other conditions like CCL may  not be granted for less than  15 days or in more than 3 spells, etc., in a year, will apply.

Click here to get Original DOPT Order Copy

DFFT – Last Date has been extended till 6th January 2012

By
igeadmin
-

MOST IMMEDIATE

No. 12037/37/2011-FTC
Government of India
Department of Personnel and Training
Training Division

Dated the 9th December, 2011

To

1. The Chief Secretaries of all the State Governments/ UTs.

2. The Secretaries of all the Ministries/Departments of Government of India.

Sir/Madam,

In continuation of this Division’s circular of even number dated 16th September 2011 inviting applications for various long/short-term foreign training programmes to be organized under the Domestic Funding of Foreign Training (DFFT) Scheme, this is to inform that the last date of receipt of completed applications of willing officers from the Controlling Authorities, after filling the requisite details in Annexure II, has been extended till 6th January 2012.

2. The deadline for filling up of Annexure I of the application form by individual officers will continue to be 20th December 2011.

(Sanjiv Shankar)
Director (FTC)

Click here to get Original DOP&T Order Copy

Lok Sabha Q & A – Revision of Pension

By
igeadmin
-

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
LOK SABHA
UNSTARRED QUESTION NO : 231
ANSWERED ON 23.11.2011
REVISION OF PENSION
Shri C. R. PATIL

Questions 

(a) whether the Government had issued a notification for revision of pension of those Government employees who retired before 2006;

(b) if so, the details thereof;

(c) the time by which the pension of the retired Government employees is likely to be revised; and

(d) the details of norms for revision of pension and the likely benefit to each pensioner?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office . (SHRI V. NARAYANASAMY)

(a) to (c): Yes, Madam. Instructions for revision of pension, with effect from 01.01.2006, of pre-2006 Central Government civil pensioners were issued vide Department of Pension and Pensioners’ Welfare’s Office Memorandum No. 38/37/08-P&PW(A), dated 1st September, 2008. These orders provided for payment of the revised pension and the first instalment of 40% arrears by the pension disbursing authorities by 30th September, 2008. This date was subsequently extended up to 30th November, 2008 vide Office Memorandum No. 38/37/08-P&PW(A), dated 14th October, 2008. The remaining 60% of arrears of pension was ordered to be paid by 30th September, 2009 vide Department of Pension and Pensioners’ Welfare’s Office Memorandum No. 38/37/08-P&PW(A) dated 25.08.2009.

(d): The above mentioned orders provided that the pension/family pension of pre-2006 pensioners/family pensioners would be consolidated with effect from 1st January, 2006 by adding together :-

(i) the pension/family pension as on 31.12.2005

(ii) dearness pension, where applicable

(iii) dearness relief upto AICPI (IW) average index 536 (Base year 1982=100) i.e. @ 24% of basic pension/basic family pension plus dearness pension as admissible.

(iv) fitment weightage @ 40% of existing pension/family pension.

The orders further provided that the revised pension, in no case, shall be lower than fifty percent of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale form which the pensioner had retired. In the case of HAG+ and above scales, this would be fifty percent of the minimum of the revised pay scale.

Source : Lok Sabha Portal

Flexible Complementing Scheme for Promotion of Scientists

By
igeadmin
-

Flexible Complementing Scheme (FCS) for in-situ promotion of scientists/technical personnel in the scientific Departments as a career advancement scheme is operative as per modified FCS guidelines, issued by DoPT after the 6th Central Pay Commission (CPC). As per the same, the Modified Assured Career Progression (MACP), as approved for Central Govt. civilian employees would also be applicable to scientists covered under FCS.

FCS is applicable to Scientists and Engineers who possess academic qualification of at least Master’s Degree in Natural/Agriculture Sciences or Bachelors Degree in Engineering/Technology/Medicine. It is necessary that the Scientists are engaged in scientific and innovative activities as distinct from the mere application of technical knowledge.

Under the Modified FCS guidelines, issued after 6th CPC, MACP as approved for Central Govt. civilian employees would also be applicable to those scientists, covered under FCS, who do not get in-situ promotion under the FCS. This is expected to provide an alternate channel for development for Scientists.

This information was given by Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Prime Minister’s Office, Shri V. Narayanasamy in written reply to a question in the Rajya Sabha today.

Family Pension – list of documents to be submitted by a claimant member

By
igeadmin
-

No. 1/6/2011- P&PW(E)
Government of India
Ministry of Personnel. Public Grievances and Pensions
Department of Pension & Pensioners Welfare
(Desk ‘E’)

3rd Floor, Lok Nayak Bhavan,
New Delhi the 8th December, 2011

Office Memorandum

Sub: Family pension – list of documents to be submitted by a claimant member of family (other than spouse) along with Form 14. PPO and death certificate in respect of the deceased pensioner/family pensioner – regarding.

The Department of Pension & Pensioners Welfare has been receiving references for clarification by various Ministries/Departments of the Government regarding the documents for family pension, including certificate of income, required to be submitted by a claimant member of family (other than spouse) along with application form (Form 14), PPO and death certificate after the death of a pensioner/family pensioner The matter was also discussed at length in the 20th meeting of SCOVA held on 21st September. 2011 (item No 9 2 of the Minutes refers). It was agreed In the meeting that a list of such documents will be made available at the website of the Department of Pension & Pensioners Welfare. It was pointed out in the meeting that It is indicated in this Department’s Office Memorandum No.45/51/97-P&PW(E). dated 21.7.1999 that a self certificate for the income of those who are self employed or are in receipt of income from sources other than employment may be accepted It was decided to send a copy of this 0M. to all member associations of SCOVA.

2. This iS informed that the claims submitted by a claimant member of family (other than spouse) for family pension after the death of a pensioner/family pensioner in Form 14 and supported by the death certificate and PPO of the pensioner/family pensioner. may be processed in consultation with the Pay and Accounts Officer, who is the custodian of the pension file which contains all relevant Forms and information of the pensioner In a very rare case where the name of the claimant member is not available in the records of the Head of Office as well as the Pay & Accounts Officer concerned and the claimant member also fails to submit a copy of PPO or Form 3 containing ‘Details of Family submitted earlier by the deceased employee/pensioner the certificates prescribed at serial number 9(v) of Form 14 may be accepted In addition to these certificates PAN Card, Matriculation Certificate, Passport, CGHS Card, Driving License Voters ID Card and Aadhar Number may also be accepted. Acceptance of voter’s ID card ana adhar Number is subject to the condition that the pensioner/family pensioner certifies that he/she is not a matriculate and he/she does not have any of the documents mentioned in Form 14 or above Apart from these documents, the Ministries/Departments may accept any other document submitted by the claimant which may be relied upon and which establishes the relationship of the claimant with the pensioner and/or contains his/her date of birth

3 The applicant has also to prove that no other surviving member in the family, who may have a prior entitlement for family pension s eligible For this purpose. the above and/or any other documents, such as marriage/death/income certificates of the other members which may be essential in a given situation may be used.

4. As decided in the SCOVA meeting. a copy of O.M. No 45/51/97-P&PW(E). dated 21.7.1999 is enclosed for circulation to an Ministries/Departments/Associations

(D.K. Solanki)
Under Secretary

Click here to get Original Copy

High Court Order – Excess salary quashed

By
igeadmin
-

The Madras High Court has quashed an order dated December 10 last year, which directed the authority concerned to recover the excess salary amounting to over Rs 85,000 from a woman after her retirement.

P K Kannammal was appointed as Malaria Field Worker in October, 1969. She retired from service on October 30, 2009.

However, by December 10, 2010, the Block Medical Officer, Government Primary Health Centre, Salem, sought to recover the excess payment of `85, 600 from Kannammal on the ground that her services had been regularised only from April 19, 1977. Claiming that her services had been regularised as early as on October 7, 1969, Kannammal preferred the present writ petition.

Allowing the plea, Justice D Hariparanthaman observed that the impugned order was admittedly passed without hearing the petitioner.

Further, when the petitioner was regularised with effect from October 7, 1969 and the monetary benefits were paid, the same could not be recovered after 32 years, that too, after retirement, the judge said.

Dependency criteria for grant of two family pensions

By
igeadmin
-

No.1/11/2011-P&PW(E)
Government of India
Ministry of Personnel, PG and pension
Department of Pension & Pensioners’ Welfare

Lok Nayak bhawan, Khan Market,
New Delhi, the 30th November, 2011

OFFICE MEMORANDUM

Sub: Interpretation of dependency criterion for grant of two family pensions under the CCS (Pension) Rules, 1972 – regarding.

The undersigned is directed to refer to this Department’s O.M. No.45/86/97-P&PW(A) – Part I, dated 27th October, 1997 and O.M. No.45/51/97-P&PW(E), dated 5th March, 1998 regarding eligibility of dependent parents, sons and daughters for receipt of family pension and the income/dependency criterion prescribed for that Attention is also invited to O.M. No.38/37/08-P&PW(A), dated 2nd September, 2008 whereby the dependency criterion has been revised.

2. This Department has been receiving communications from various quarters seeking clarification whether in the wake of the Office Memoranda referred to above, second family pension is admissible to a family pensioner who is already in receipt of an amount of family pension which is equal to or more than the dependency criterion.

3. It is hereby clarified that family pension admissible to a beneficiary in respect of one deceased employee/pensioner is not to be counted as income for the purpose of determination of eligibility for another family pension, which is admissible in connection with another deceased employee/pensioner. However, any other income/earning of the beneficiary under consideration will be counted towards income for deciding eligibility for family pension.

4. It is further clarified that the sum of amount of family pensions admissible to a family pensioner as indicated above shall be regulated as per Rule 54 (11) (a) of the CCS (Pension) Rules, 1972 as amended time to time.

5. This issues with the concurrence of Department of Expenditure vide their I.D. No.383/E.V/2011, dated 22nd November, 2011.

(K.K.Mittal)
Director

Click here to get Original Copy

Zero Balance Bank Account for Pensioners

By
igeadmin
-

RBI has not stipulated any minimum balance to be maintained in pension accounts by the pensioners. Individual banks have framed their own rules in this regard. However, some banks have also permitted zero balance in the pensioners’ accounts.

Bank Details :

Axis Bank
IDBI Bank
HDFC Bank
ICICI Bank
& some other banks also offering zero balance accounts for pensioners.

Also pensioner can transfer the pension account from one branch to another branch of the same bank within the same centre or at a different centre.

Pensioners can transfer the account from one authorized bank to another within the same centre (such transfers to be allowed only once in a year), Also transfer the account from one authorized bank to another authorized bank at a different centre.

Banks providing some facilities to pensioners like, cheque book facility, online account, third party transfers, bill payment options , lockers etc., So, check with your bank for zero balance account.

Welfare Projects for Government Employees and General Public

By
igeadmin
-

Kendriya Bhandar was set up in 1963 as a welfare project to promote Consumer Cooperative societies amongst Central government employees and with the aim of supplying essential commodities of quality at competitive and fair prices. Over a period of last 47 years, Kendriya Bhandar has set up 87 stores in Delhi and 26 stores outside Delhi. In addition, Kendriya Bhandar has carried out certain specific welfare activities as under:

(i) Kendriya Bhandar has successfully sold/distributed packed Atta 10 Kg bags @ Rs. 139/- each under the Bhagidari initiative of the Delhi Government.

(ii) Kendriya Bhandar has successfully sold yellow peas in one Kg consumer packs under advice from Ministry of Consumer Affairs.

(iii) Ensuring quality of pulses/rice and spices by laboratory testing before making the same available in Kendriya Bhandar’s packing to its customers.

(iv) Presently selling generic medicines at economical prices under Jan Aushadi project of Department of Pharmaceuticals, Government of India through three chemist shops.

Kendriya Bhandar has informed that it carries out market surveys periodically to ascertain reasonability of rates. Recently they have carried out a survey on 23.11.2011 and it has been observed by them that selling prices of Kendriya Bhandar are generally lower than/competitive to the rates prevailing in the market.

This was stated by Minister of State in the Ministry of Personnel, Public Grievances and Pensions and PMO Shri V. Narayanasamy in written reply to a question in the Rajya Sabha today.

-PIB

Creation of New Grade NFSG for UDC

By
igeadmin
-

The Government has created a new grade Non-Functional Selection Grade (NFSG) for UDC in the grade pay of Rs. 4200/- in Pay Band-2 in Central Secretarial clerical Services (CSES). The pay of the employees of the State government is the subject matter of the State concerned and it is not in the purview of the Central Government to issue any instruction in this regard.

Till the year 1995, the Lower Division clerks (LDCs) for Delhi Administration/NCT of Delhi were recruited through Staff Selection Commission (SSC) as and when requisitioned by the Delhi Government along with other indenting organisations. Upper Division Clerk (UDC) in CSCS is a promotional post for LDC.

This was stated by Minister of State in the Ministry of Personnel, Public Grievances and Pensions and PMO Shri V. Narayanasamy in written reply to a question in the Rajya Sabha today

– PIB

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