INTEREST ON LEAVE ENCASHMENT/ LEAVE ENCASHMENT ON SUSPENSION/DISMISSAL/REMOVAL
1. Whether leave encashment can be sanctioned to a Govt servant on his superannuation while under suspension?
Leave encashment may be allowed in such
cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding
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.
2. Whether leave encashment can be sanctioned to a Govt.servant on his dismissal/removal, from service?
A government servant, who is
dismissed/removed from service, 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.
INTEREST ON LEAVE ENCASHMENT
1. Whether interest is payable on delayed payment of leave encashment dues?
No. There is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment.
STUDY LEAVE
1. What is the maximum amount of study
leave which can be availed? The maximum amount of study leave for other
than CHS officers is restricted to twenty four months during the entire
service period and ordinarily it can be allowed for upto twelve months
at a time. {Rule 51(1)). For CHS officers the ceiling is for 36 months
for acquiring PG qualifications. {Rule 51(2)}.
2. Whether study leave can be clubbed
with other leave? Yes. Study leave may be combined with other kinds of
leave, but in no case shall be grant of this leave in combination with
leave, other than extraordinary leave involve a total absence of more
than twenty eight months generally and thirty-six months for the courses
leading to PhD. degree from the regular duties of the Government
servant. (Rule 54)
3. What is the validity period of bond to be executed by the Government servant while proceeding on study leave?
Government servant is required to
execute a bond to serve the Government for a period of three years after
expiry of study leave. For CHS officers the period is five years. (Rule
55).
4. 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?
As per rule 50(5) (iii), a Govt. servant
has to submit a bond to serve the Govt. for a period of 3 years. As the
Govt. servant would still be serving Government in a Department other
than parent Department, he may be allowed to submit his resignation to
take up another post within the Central Govt. if he had applied for the
post through proper channel.