LEAVE SALARY
Provisions stipulated under the CCS (Leave) Rules, 1972 regulating payment of Leave Salary to central Govt. employees are explained here under.
1. Amount of Leave Salary [CCS Leave Rule – 40]
(1) Except as provided in sub-rule (7), a Government servant who proceeds on Earned Leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.
NOTE - In respect of any period spent on Foreign Service out of India, the pay which the Government servant would have drawn if on duty in India but for Foreign Service out of India shall be substituted for the pay actually drawn while calculating leave salary.
(3) A Government servant on Half Pay Leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).
(4) A Government servant on Commuted Leave is entitled to leave salary equal to the amount admissible under (sub-rule (1).
(5) A Government servant on Extraordinary Leave is not entitled to any leave salary.
(7) In the case of a Government servant who is granted Earned Leave during the period of re-employment, the leave salary shall be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.
(8) In the case of a person to whom the Employees’ State Insurance Act, 148 (34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
(9A) If, in the case of a Government servant whoretires or resigns from the service, the leave already availed of is more than the credit so due to him, necessary adjustment shall be made in respect of leave salary, if any, overdrawn.
(9B) Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who dies while in service is in excess of the leave credit under Clause (b) of sub-rule (2) of Rule 27, the overpayment of leave salary shall be recovered in such cases.
2. Drawal of Leave Salary [CCS Leave Rule – 41]
The leave salary payable under these rules shall be drawn in rupees in India.
3. Advance of Leave Salary [CCS Leave Rule – 42]
A Government servant, including a Government servant on Foreign Service, proceeding on leavefor a period not less than thirty days may be allowed an advance in lieu of leave salary up to a month’s pay and allowances admissible on that leave salary subject to deductions on account of Income Tax, Provident Fund, House Rent, Recovery of Advances, etc.
NOTE-1: Leave salary advance may also be allowed to Central Government servants transferred temporarily to posts other than under Central Civil Departments. The borrowing authority should be informed of this by making a suitable provision in the terms of the transfer of the Government servants concerned.
NOTE-2: The concession may be allowed also to State Government servants transferred temporarily to posts under Central Civil Departments.
4. Increment during Leave [Author’s Analysis]
It can be inferred from Rule – 40 (1) that an employee shall not earn increment falling due during the period of any kind of leave including the Saturdays/Sundays/Holidays prefixed and/or suffixed to the holiday. The financial benefit in such cases is given w.e.f the date on which the employee resumes duty after availing leave. It can be further inferred that when the date of increment [01-July for all w.e.f 01/01/2006] happens to be a Saturday/Sunday/Holiday, the employee should not avail any leave either on the previous or the next working day to earn the increment on that date [i.e. 01-July]
1. Amount of Leave Salary [CCS Leave Rule – 40]
(1) Except as provided in sub-rule (7), a Government servant who proceeds on Earned Leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.
NOTE - In respect of any period spent on Foreign Service out of India, the pay which the Government servant would have drawn if on duty in India but for Foreign Service out of India shall be substituted for the pay actually drawn while calculating leave salary.
(3) A Government servant on Half Pay Leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).
(4) A Government servant on Commuted Leave is entitled to leave salary equal to the amount admissible under (sub-rule (1).
(5) A Government servant on Extraordinary Leave is not entitled to any leave salary.
(7) In the case of a Government servant who is granted Earned Leave during the period of re-employment, the leave salary shall be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.
(8) In the case of a person to whom the Employees’ State Insurance Act, 148 (34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
(9A) If, in the case of a Government servant whoretires or resigns from the service, the leave already availed of is more than the credit so due to him, necessary adjustment shall be made in respect of leave salary, if any, overdrawn.
(9B) Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who dies while in service is in excess of the leave credit under Clause (b) of sub-rule (2) of Rule 27, the overpayment of leave salary shall be recovered in such cases.
2. Drawal of Leave Salary [CCS Leave Rule – 41]
The leave salary payable under these rules shall be drawn in rupees in India.
3. Advance of Leave Salary [CCS Leave Rule – 42]
A Government servant, including a Government servant on Foreign Service, proceeding on leavefor a period not less than thirty days may be allowed an advance in lieu of leave salary up to a month’s pay and allowances admissible on that leave salary subject to deductions on account of Income Tax, Provident Fund, House Rent, Recovery of Advances, etc.
NOTE-1: Leave salary advance may also be allowed to Central Government servants transferred temporarily to posts other than under Central Civil Departments. The borrowing authority should be informed of this by making a suitable provision in the terms of the transfer of the Government servants concerned.
NOTE-2: The concession may be allowed also to State Government servants transferred temporarily to posts under Central Civil Departments.
4. Increment during Leave [Author’s Analysis]
It can be inferred from Rule – 40 (1) that an employee shall not earn increment falling due during the period of any kind of leave including the Saturdays/Sundays/Holidays prefixed and/or suffixed to the holiday. The financial benefit in such cases is given w.e.f the date on which the employee resumes duty after availing leave. It can be further inferred that when the date of increment [01-July for all w.e.f 01/01/2006] happens to be a Saturday/Sunday/Holiday, the employee should not avail any leave either on the previous or the next working day to earn the increment on that date [i.e. 01-July]
