IP 2025 Tips 8 - on the CCS Leave Rules, 1972

TIPS 8 ON THE CCS (LEAVE) RULES, 1972

ALL LEAVE RULES IN A NUTSHELL

The CCS (Leave) Rules, 1972 came into force with effect from?

Answer: 1st June , 1972 [Rule 1 (2)]

CCS (Leave) Rules is applicable to :

Answer: Government servants appointed to the Civil Services and

posts in connection with the affairs of the Union [Rule No. 2 ]

CCS (Leave) Rules is not applicable to : (i) Persons paid from contingencies

(ii) Persons employed in industrial establishments

(iii) Persons governed for the purpose of leave, by the Fundamental

Rules or the Civil Service Regulations

(iv) Persons serving under Central Government Department from a

State Government or any other source for a limited duration [Rule 2]

In CCS (Leave) Rules, what is definition of Administrator?

Answer: An Administrator of a Union Territory [Rule No. 3 (1) (a)]

(a) Leave cannot be claimed as a matter of right.

(b) When the existence of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it.

(c) It shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government

servant. (d) Leave applied under Rule 20 shall not be refused

without reference to the Medical Authority whose advice shall be binding

Answer: All the above are correct [ Rule 7]

When a Government servant applies for a specific kind of leave, the Leave

Sanctioning Authority does not have the power to alter. [Rule 7 (2)]

(i) Leave should not ordinarily be denied during the last ten years of service. (ii) Employees should be encouraged to take leave regularly (iii) Leave is not a matter of right [Rule 7 and its GIDs]

What will happen to the leave at credit of a Government servant who is dismissed from service?

Answer: The whole leave at credit shall cease from the date of dismissal [Rule 9 (1)]

Technical resignation shall not result in the lapse of the leave to the credit of the Government servant. The balance of unutilised Child Care Leave as well as all other leave of the kind due and admissible will be carried forward . [GID No. 2 below Rule No. 9]

What is the time-limit for commutation of one kind of leave into another while re-joining duty? (Commutation means conversion)

Answer: 30-days [Rule 10 (1)]

Commutation of leave of one kind of leave into leave of another kind cannot be done after the employees cease to be in service.

[GID below Rule 10]

Extra Ordinary Leave granted on medical certificate or otherwise may be commuted respectively into leave not due (subject to provision of Rule 31). [Note below Rule No. 10 (2)]

Combination of leave is not permissible in case of:

Casual leave with any kind of leave. [Explanation below Rule No. 11]

An officer who has only half a day's casual leave to his credit should be permitted to combine half a day's casual leave with regular leave if his absence on the next working day was due to: Sickness or other compelling grounds. [GID 2 below Rule 11]

A Government servant may be granted leave of any kind for a continuous period exceeding five years unless the President, in view of the exceptional circumstances of the case ,otherwise determines:

[Rule No. 12 (2)]

Maximum amount of continuous leave which can be availed with sanction of President of India in exceptional circumstances is : No limit

[Rule 12 (2)]

An application for leave under CCS (Leave) Rules has to be made in

Form 1 [Rule 14]

Leave Account of a Gazetted Government servant shall be maintained by: Audit officer [Rule 15]

Before granting leave, the competent authority should obtain admissibility report from whom?

Answer: Authority maintaining the leave account [Rule No. 16 (1)]

Writing the balance of earned leave / half pay leave at the credit of a

Government servant in the order of sanctioning leave is: A must

[Note below Rule No. 16 (1)]

When admissibility is delayed, a competent authority can grant leave not exceeding 60 days on provisional basis. [Rule No. 16 (2) (a)]

Leave shall not be granted to the Government servant to whom a competent authority has decided to dismiss, remove or retire compulsorily from Government service [Rule No. 17]

No leave can be granted to a suspended employee.

[ GID No. 1 below Rule 17]

An application for leave on medical certificate made by a Gazetted

Government servant shall be accompanied by medical certificate issued by the Doctor in a CGHS Dispensary if he is a CGHS beneficiary.

[Rule No. 19 (1) (i)]

Authority competent to grant leave may, at its discretion, secure a second medical opinion by requesting a Government Medical Officer not below the rank of a Civil Surgeon to have the applicant medically examined on the earliest possible date. [Rule No. 19 (3) ]

Leave sanctioning authority can waive the production of Medical Certificate in case of an application for leave on medical grounds, if the period of leave applied for is less than three days. [Rule 19 (6)]

When the Medical Authority has reported that there is no reasonable prospect that the the Government servant will ever be fit to return to duty, leave shall not necessarily be refused to such Government servant.

[Rule 20 (1) (a)]

The maximum leave that can be granted if due, by the competent Authority in case the Medical Authority is unable to say with certainty that the Government servant will never again be fit for service is 12 months [Rule 20 (1) (b) (i)]

Restricted Holidays can be prefixed or suffixed to regular leave or casual leave. [GID No. 2 below Rule No. 22]

(a) In case a Government servant is recalled to duty before expiry of his leave, such recall to duty shall be treated as compulsory in all cases.

(b) The Government servant is entitled to be treated as duty from the date on which he starts for the station to which he is ordered

(c) The Government servant is entitled to draw (i) travelling allowance for the journey and (ii) leave salary until he joins his post at the same rate at which he would have drawn it but for recall to duty

[Rule 23 (3)]

A Government servant on leave shall not return to duty before the expiry of the period of leave granted to him unless he is permitted to do so by the authority which granted him leave. [Rule 24 (1)]

Absence from expiry of leave means (a) Unless the authority

competent to grant leave extends the leave, a Government servant who remains absent after the end of the leave is entitled to no salary for the

period of absence

(b) That period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as ex-ordinary leave.

Government servant liable to disciplinary action. [Rule 25]

Visit : https://www.saposts.com/ for latest updates

EARNED LEAVE

(Rules 26 to 28 of CCS (Leave) Rules, 1972)

1. Credit: 1st January -15 days and 1st July -15 days

In the middle of the year 2½ days for a complete month

2. Unavailed joining time may be credited into EL account

(i) Employee is ordered to join the new post without availing full entitled joining time.

(ii) Employee proceeds alone to the new place of posting, joins the post

without availing full joining time and takes family later within the permissible period for claiming Transfer TA for the family.

(iii) EL at credit together with unavailed JT should not exceed 300 days

3. Reduction :

(i) 1/10 of EOL and Dies Non taken during the previous half year

(ii) If a Govt. servant retires / resigns / removed / is dismissed / dies in the middle of a calendar year, EL should be reduced @ 1/10 of any EOL

and Dies taken in that half year and the leave account regularized.

4. Maximum accumulation: 300+15 days

5. Ceiling of availing EL :

(i) at a time if leave spent in India is 180 days

(ii) to spend a portion of his leave outside India at a time earned leave for a maximum of 300 days whereas 120 days should be availed outside India

6. Regulation of Eared leave working in the vacation departments

(a) Earned leave shall be credited in advance in two installments of five days each on the first day of January and July of every calendar year.

(b) In respect of any year in which a Government Servant avails a portion of the vacation, he shall be entitled to additional earned leave in such proportion of twenty days, as the number of days of vacation not taken bears to the full vacation, provided the total earned leave credited shall not exceed thirty days in a calendar year.

c) If, in any year, the Government servant does not avail any vacation, credit of EL will be 15 days for each half year on 1st January & 1st July

HALF PAY LEAVE

(Rule 29 of CCS (Leave) Rules, 1972)

1. Credit: Advance credit 1st January -10 days and 1st July -10 days

In the middle of the year 5/3 days for a complete month

2. Reduction : 1/18 of Dies-Non taken during the previous half year

Maximum accumulation: There is no ceiling for accumulation of HPL

Visit : https://www.saposts.com/ for latest updates

COMMUTED LEAVE

(Rule 30 of CCS (Leave) Rules, 1972)

Conditions: (i) When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave at credit.

(ii) Only if there is reasonable prospect of his returning to duty, commuted leave can be granted. If the official does not rejoin duty for any reason, the commuted leave will be converted as Half Pay Leave.

(iii) Half pay leave up to a maximum of 180 days may be allowed to be commuted during the entire service without production of medical

certificate where such leave is utilized for an approved course of study

certified to be in the public interest by the leave sanctioning authority.

Generally commuted leave is granted only on medical certificate. Commuted leave up to 60 days without medical certificate may be granted in continuation of maternity leave and to an adoptive mother on valid adoption of a child.

LEAVE NOT DUE (LND)

(Rule 31 of CCS (Leave) Rules, 1972)

(i) LND is granted when there is no HPL at credit after minimum service of one year. During LND, salary of half pay is payable.

(ii) LND can be granted only on medical certificate maximum 360 days in entire service.

(iii) Only if there is reasonable prospect of his returning to duty, LND can be granted. If the official does not rejoin duty for any reason, LND will

be cancelled.

(iv) LND without medical certificate may be granted in continuation of maternity leave and to an adoptive mother on valid adoption of a child.

(v) Leave salary in respect of LND leave is recoverable in case of resignation and voluntary retirement. No leave salary shall be recovered

if the retirement of ill-health incapacitating the Government servant for

further service or in the event of death.

EXORDINARY LEAVE

(Rule 32 of CCS (Leave) Rules, 1972)

(i) Extraordinary Leave may be granted

(a) when no other leave is admissible

(b) When other leave is admissible, but the Government servant applies in writing for grant of extraordinary leave.

(ii) An official on Extraordinary leave is not entitled to any leave salary

(iii) A temporary Government servant shall not be granted Extra Ordinary leave without medical certificate on any one occasion in excess of 3

months.

(iv) A temporary official who has put in a continuous service of a minimum one year maybe granted Extra Ordinary leave with medical certificate for common ailments for a period not exceeding six months.

(v) 24 months of EXOL can be granted to the Government servant who has completed three years of service for the purpose of prosecuting studies certified in public interest.

LEAVE PREPARATORY TO RETIREMENT

(Rule 38 of CCS (Leave) Rules, 1972)

A Government servant may be permitted to take Leave Preparatory to

Retirement for the maximum period of 300 days to the extent of earned leave and half pay leave and include the date of retirement. It shall not include EOL.

MATERNITY LEAVE

(Rule 43 of CCS (Leave) Rules, 1972)

(i) Maternity leave may be granted to a female Govt. servant with less than two surviving children for a period of 180 days from the date of its

commencement .

(ii) Maternity leave for a total period not exceeding 45 days in the entire service can be granted for miscarriage / abortion to a female Government servant irrespective of number of surviving children

(iii) In continuation of maternity leave without production of medical certificate maximum period of leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years may be granted.

(iv) Unmarried female Govt. servant is eligible for maternity leave

(v) Maternity leave is eligible for induced abortion

(vi) No maternity leave is eligible for threatened abortion

SPECIAL MATERNITY LEAVE (OM dated 02.09.2022) (GID No. 6 below Rule 43 of CCS (Leave) Rules, 1972)

Special Maternity Leave of 60 days is granted to a female Central Government servant in case of death of a child soon after birth / stillbirth on the following conditions;

(i) In case a Maternity Leave has already been availed by a female Central Government servant and her leave continues till the date of expiry of child soon after birth / stillbirth, the maternity leave already availed till death of the child may be converted into any other kind of leave available in her leave account without insisting for a medical certificate and a Special Maternity Leave of 60 days may be granted from the date of expiry of child soon after birth / Stillbirth.

(ii) In case the maternity leave has not been availed by a female Central Government servant, 60 days of Special Maternity Leave may be granted from the date of expiry of child soon after birth / stillbirth.

(iii) The condition for death of a child soon after birth may be defined as up to 28 days after birth.

(iv) A baby who dies after 28 weeks of pregnancy, but before or during birth, is classified as a stillbirth.

(v) The benefit of Special Maternity Leave shall be admissible only to a

female Central Government servant with less than 2 surviving children and for child delivery only in an authorized hospital.

PATERNITY LEAVE

(Rule 43-A of CCS (Leave) Rules, 1972)

(i) Paternity leave may be granted to a male Government servant having less than two surviving children for a period of 15 days.

(ii) It can be granted 15 days before the date of confinement or up to six months from the date of delivery.

PATERNITY LEAVE FOR CHILD ADOPTION

(Rule 43-AA of CCS (Leave) Rules, 1972)

Paternity leave may be granted to a male Government servant having less than two surviving children on valid adoption of a child below the age of one year for a period of 15 days.

CHILD ADOPTION LEAVE

(Rule 43-B of CCS (Leave) Rules, 1972)

(i) Child Adoption Leave of 180 days may be granted to a female Govt. servant with fewer than two surviving children immediately after the date of valid adoption of a child below the age of one year.

(ii) Child adoption leave will be not debited against the Leave Account

(iii) Commuted leave up to 60 days without medical certificate is allowed to female Government servants on adoption of a child.

CHILD CARE LEAVE

(Rule 43-C of CCS (Leave) Rules, 1972)

(i) Child Care Leave is granted to a female Government servant having minor children below the age of 18 years for a period of 730 days.

(ii) CCL is admissible for women employees for two eldest surviving children if the age of the child is below 18 years.

(iii) The age of dependent disabled children is without any age limit.

(iv) Minimum percentage of disability for a disabled child is 40%.

(v) CCL cannot be granted for more than three times in a calendar year.

(vi) CCL is implemented with effect from 01.09.2008.

(vii) Leave salary of CCL for a female Govt. Servant and a single male

Govt. servant is 100% of salary for the first 365 days and 80%of salary of the next 365 days .

(viii) Explanation.—Single Male Government Servant’ means – an

unmarried or widower or divorcee Government servant.”

(ix) A single female Government servant can avail six spells of CCL in a calendar year.

WORK RELATED ILLNESS AND INJURY LEAVE (WRIIL)

(Rule 44 of CCS (Leave) Rules, 1972)

(a) The authority competent to grant leave may grant Work Related

Illness and Injury Leave (herein after referred to as WRIIL) to a

Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position on the following conditions, namely :

(1) Full pay and allowances shall be granted to all employees during the entire period of hospitalization on account of WRIIL.

(2) Beyond hospitalization, WRIIL shall be governed as follows:

(a) A Government servant (other than a military officer) full pay and allowances for the six months immediately following hospitalization and Half Pay for twelve months beyond the said period of six months. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employees leave account.

(b) No Earned Leave or Half Pay Leave shall be credited during the period that employee is on WRIIL.”.

Note: Special disability leave for accidental injury under Rule No 45 and

Hospital leave under No. 46 were cancelled.

SPECIAL LEAVE CONNECTED WITH INQUIRY ON SEXUAL HARASSMENT (Rule 48 of CCS (Leave) Rules, 1972)

(i) Leave up to a maximum of 90 days may be granted to an aggrieved female Govt. servant on the recommendation of the Internal Committee or Local Committee during the pendency of the inquiry under Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013

(ii) Leave so granted to the aggrieved woman under this rule shall not be debited against the leave account.

STUDY LEAVE

(Rules from 50 to 63 of CCS (Leave) Rules, 1972)

Purposes for which Study Leave granted:-

(a) the proposed course study or training shall be definite advantage from the point of view of public interest

(b) It is prosecution of studies of subjects other than academic or literary subject [Rule No. 50 (3)]

Minimum service required for grant of Study Leave:

(a) Minimum satisfactory service including period of probation should be five years (b) Service should not attain superannuation within three years from the date of expected return to duty after the proposed Study Leave [Rule No. 50 (5)] What is the minimum period of service required for sanction of Study Leave? Answer: 5-years [Rule 50 (5) (i)]

The maximum limit of Study Leave prescribed is :

Answer: 12 months at a time and 24 months in entire service

[Rule No. 51 (1)]

Study Leave: Can be taken in more than one spell

[GID No. 1 below Rule No. 51 of CCS (Leave) Rules, 1972]

Ministries / Departments can sanction Study Leave exceeding 12 months up to the maximum of 24 months at a stretch.

[GID No.2 below Rule No. 51 of CCS (Leave) Rules, 1972]

Combination of Study Leave with earned leave shall not generally involves a total absence of more than:

Answer: 28 months [Rule 54 (2) of CCS (Leave) Rules, 1972]

If a Government service resigns from service or otherwise quits service without returning to duty after the period of study leave, he shall be required to refund the actual amount of leave salary, Study Allowance, cost of fees, travelling and other expenses incurred by the Government of India. [Rule No. 63 (1) of CCS (Leave) Rules, 1972]