Encashment of earned leave on Leave Travel Concession – DOPT Clarification

F.No.20-05/2013-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION AND IT
DEPARTMENT OF POSTS
(ESTABLISHMENT DTVTSION)
DAK BHAWAN, SANSAD MARG,NEW DELHI- 110 OO1

2nd September,2013

To

ALL HEADS OF CIRCLES,
ALL GM (PAr)/DAs (P),
ALL DIRECTORS POSTAL STAFF COTLEGE tNDIAIPTCs.

Sub: Clarification on Encashment of Earned Leave in connection with  Leave Travel Concession – Payment of difference regarding

Sir/Madam,
I am directed to forward herewith a copy of the extracts on FAQ in respect of Leave Encashment with Leave Travel Concession issued under DOP&Ts No.21011/08/2013-Estt{AL) dated ‘Nil’ downloaded from the official website of Department of Personnel & Training for kind information and further necessary action in this regard.

Yours faithfully,

(Shankar Prasad)
Assistant Director General (Estt)

General entitlement of leave FAQ

No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Establishment (Leave) Section
General entitlement of leave
S.No	Frequently Asked Questions	answer
1	What is the maximum periodof leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded?	No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1)) Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))
2.	What are the leaveentitlements of Govt. servants serving in a vacation Department?	The rule 28 of the CCS (Leave) Rules, 1972which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:- (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 instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

Payment of TA/DA to retired government servants appearing as witnesses in proceedings before the CDI in CVC

372/3/2007-AVD-III (Vol. 10)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***

North Block, New Delhi
Dated: 14th October, 2013

Office Memorandum

Subject: Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (Hota Committee) – Para 38 of the Committee’s Report regarding payment of TA/DA to retired government servants appearing as witnesses in proceedings before the CDI in CVC – Government’s decision thereon – reg .
The undersigned is directed to say that the Govenunent had appointed a Committee of Experts to review the procedure for DisciplinaryNigilance Inquiries and recommend measures for their expeditious disposal.
The Committee comprised the following:
(i) Shri P.C. Hota, Former Chairman, UPSC – Chairman
(ii) Shri Arvind Varma, Former Secretary, DoPT – Member
(iii) Shri P. Shankar, former CVC – Member.
2. The Expert Committee has, in para 38 of its Report, inter alia, recommended that “In case the witness is a retired Government Servant and is appearing before the CDI in a Departmental Inquiry, the expenses would be borne, in the first instance, by the CVC and subsequently be adjusted with the Department/Organisation concerned.”.
3. The aforesaid recommendation of the Hota Committee has been considered by a Committee of Secretaries (CoS) under the chairmanship of Cabinet Secretary and the CoS has recommended acceptance of this recommendation. Government has accepted the recommendation of the Hota Committee as endorsed by the CoS.
4. Accordingly, it has been decided that in cases where any of the witnesses in a departmental inquiry is a retired Government Servant and is appearing before the CDI in the Central Vigilance Commission in the Departmental Inquiry, the expenses on payment of admissible TA/DA to such witness would be borne, in the first instance, by the Central Vigilance Commission and subsequently be adjusted with the Department/Organisation concerned.
5. The above decision of the Government is brought to the notice of all Ministries/Departments for information and compliance.

(V.M. Rathnam)
Deputy Secretary to the Govt. of India
Tel: 23094637