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Civil Services (Leave) Rules, 1979
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Civil Services (Leave) Rules, 1979

Edition: 2010
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Product Details:

Format: PB
Pages: 88 pages
Publisher: Jay Kay Law Reporter
Language: English
Date Added: 2012-09-18
Search Category: Bareacts
Jurisdiction: Indian

Overview:

LEAVE RULES AT A GLANCE

1. The Jammu and Kashmir Civil Services (Leave) Rules 1979 apply only to the Govt. servants who have been appointed after 1-1-1979 and those who were in-service on 31-12-1978 and opted for these (Leave) Rules. Such of the provisions contained in Jammu and Kashmir Civil Services Rules Vol-I Chapter-III Article 111-A to 166-C as are of general nature and are not in consistent with the J&K Civil Service (Leave) Rules, 1979 will however continue to apply to all the employees.

2. No leave can be claimed absolutely as a matter of right.

3. A Govt. servants claim to leave is regulated by the rules in force at the time the leave is applied for and granted.

4. Any kind of leave can be granted in combination with or in continuation of any other kind of leave subject to certain provisions in these rules except casual leave which is not a recognized leave (Rule 12).

5. No Govt. servant shall be granted leave of any kind for a continuous period exceeding 5 years (Rule 13).

6. No leave of any kind can be granted to a Govt. Servant who is under suspension. (Rule 18).

7. Prefixing and suffixing of holidays other than leave on Medical grounds is automatic.

8. No govt. servant can join the duty before expiry of the period of leave granted to him unless he is permitted to do so by the competent authority.

9. Willful absence from duty after the expiry of leave renders a Govt. servant liable to disciplinary action under Rule 25. The cases of this type are required to be dealt with under Article 128 of J&K Civil Service Regulations Vol.1.

10. Leave Account of every Govt. servant is to be credited at a uniform rate of 15 days at the commencement of each calendar half year i.e. 1st January and 1st July every year (Rule 26).

11. The maximum amount of Earned Leave:-

i) to be granted at a time should not exceed 120 days

ii) maximum amount of E/leave to be credited to the a/c of govt. servant upto 31-12-1987 is 180 days,

iii) maximum amount of E/leave to be credited to the a/c of govt. servant w.e.f. 1-1-1988 to 30-6-1997 is 240 days,

iv) maximum amount of E/leave to be credited to the a/c of govt. servant w.e.f. 1-7-1997 onwards is 300 days (Rule 26).

v) unavailed period of joining time during transfer from one station to another station is also credited to Earned leave account w.e.f.

12. Half Pay Leave: - A Govt. Servant is entitled to half pay leave of 20 days in respect of each completed year of service.

13 (a) Commuted leave on full pay not exceeding the amount of half pay leave due can be granted on Medical Certificate to Govt. Servants on certain conditions.

b) Commuted leave may be granted at the request of Govt. Servant even when Earned leave is due to him.

c) Half Pay Leave up to a maximum of 180 days may be allowed to be commuted during the entire Service where such leave is utilized for an approved course of study

14. Leave not due: - It is admissible to only permanent Govt. servants. Maximum amount of leave not due is admissible up to 360 days out of which not more than 90 days at a time and 180 days in all may be allowed otherwise than on Medical Certificate (Rule 30) Leave Not Due is debited to half pay leave account of Govt. Servants which he may earn subsequently. This leave cannot be granted in case of leave preparatory to retirement.

15. Extraordinary leave is granted to a Govt. Servant:-

i) when no other kind of leave is admissible,

ii) when other kind of leave is admissible, but Govt. Servant applies in writing for Extra Ordinary Leave without allowances.

iii) Extra Ordinary Leave is admissible to a permanent Govt., servants only. In case of temporary officials, the same shall be admissible only upto 3 months.

16. Cash in lieu of leave salary:-

A Govt. servant may be paid cash equivalent of leave salary in respect of period of Earned leave at his credit at the time of retirement as under:-

i) Earned leave up to a maximum of 180 days up to 31-12-1987.

ii) Earned leave up to maximum of 240 days w.e.f. 1-1-1988 to 30-6-1997.

iii) Earned leave up to maximum of 300 days w.e.f. 1-7-1997 onwards.

iv) W.e.f. 1-4-1982 benefit of cash in lieu of Earned Leave extended to Govt. servants who retire voluntarily,

v) The benefit of cash in lieu of Leave Salary also stand extended to Govt. servants w.e.f.. June 1990 as below:-

a. who are permanently incapacitated for further service by a competent medical authority.

b. Who are retired from Govt. service under Article 226(2) and 226(3) of J&K C.S.Rs.

c. Who have been compulsorily retired as a measure of penalty under the provisions of Rule 30 of Classification Control and Appeal Rules 1956.

vi) Reimbursement of cash in lieu of Leave Salary is admissible only for the amount of Pay and D. A. last drawn. Other Allowances i.e. HRA, CCA, MA or other compensatory allowances are not admissible.

19. LEAVE SALARY ADMISSIBLE DURING LEAVE:-

i) Leave salary to a Govt. servant during Earned leave is payable equal to the pay drawn immediately before proceeding on Earned Leave (Rule 39).

ii) A Govt. servant on “half pay leave” or “leave not due” is entitled to leave salary equal to half the amount specified in (i) above.

iii) A Govt. servant on commuted leave is entitled to leave salary as in (ii) above,

iv) A Govt. servant on Extra Ordinary Leave is entitled to no leave salary.

20. A Govt. Servant including a Govt. Servant on foreign service, proceeding on leave for a period not less than 30 days may be allowed an advance in lieu of leave salary upto a months pay.

MATERNITY LEAVE

1. Maternity leave is admissible to a govt. servant with less than two surviving children up to 135 days.

2. Maternity Leave not exceeding 6 weeks may be granted to female Govt. servant in case of miscarriage including abortion (irrespective of number of children).

3. Paternity Leave: - A male Govt. Servant may be granted Paternity Leave for a period of 15 days during the period of confinement of his wife.

4. The leave i.e. Maternity/Paternity/Abortion leave is not debited to leave account and are granted on full pay. These leaves may be combined with any other kind of leave due. These leaves count as service qualifying for increment/pension.

DISABILITY LEAVE (Rule 42, 43)

1. The period of leave to be sanctioned will be subject to the maximum of 24 months as certified by an authorized medical attendant.

2. It may be granted more than once if the disability aggravated or recurs in similar circumstances at a latter date, the maximum leave in consequence of any one. Disability should not exceed 24 months. This leave will count as service for pension.

3. This leave can be combined with any other kind of leave. The leave salary for 120 days will be the pay last drawn and for remaining period it will be equal to leave salary drawn during half pay leave. If the official is entitled to the benefits admissible under Workmen’s Compensation Act. The amount of leave salary payable shall be reduced by the amount of compensation paid under the Act.

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