Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation…

No. 18019/6/2013-Estt(L)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, 21st October, 2013

OFFICE MEMORANDUM

Subject: Timely payment of dues of encashment of leave to Government servants retiring on attaining the age of superannuation — need to obviate delays in payment of such dues – regarding.

The undersigned is directed to state that in terms of the provisions of rule 39 of the CCS(Leave) Rules, 1972, the authority competent to grant leave is suo mote required to issue an order granting cash equivalent of leave salary for both earned leave and half pay leave, if any, at the credit of the Government servant on the date of his retirement, subject to the prescribed limits.

2. It has since been brought to the notice of this Department that the concerned administrative authorities as indicated in First Schedule to the said rules including authorities subordinate to the leave sanctioning authorities to whom such powers have been delegated, are not ensuring that the dues, as admissible to a Government servant retiring on attaining the age of superannuation, are promptly paid. This has led to avoidable litigation where courts have been directing payment of interest on such delayed payments. It has been observed from the references received in this Department that the delays in such payments are predominantly due to avoidable administrative reasons relating to processing of such cases.

3. It is further stated that the Leave Account of a Government servant is a dynamic document which is required to be revisited periodically to record credits of Earned Leave and Half Pay Leave in terms of provisions of rules 26 and 29 of the CCS(Leave) Rules, 1972 with entries made on each occasion the Government servant avails the leave of the kind due and admissible to him Further, the said rules envisage that advance credits be made in the leave account of the Government servant and a constant check maintained to ensure that the total accumulations at any given time do not exceed 300+15 days.

4. Delays in reckoning the leave accumulations at the credit of Government servant at any stage, particularly at the time of his retirement on superannuation, cannot be acceptable and can be construed as administrative lapse, liable to attract provisions of the CCS(Conduct) Rules, 1964 and CCS(CCA) Rules, 1965. All cases of delay may be looked into and delays in disbursement of dues to Government servants retiring on attaining the age of superannuation be avoided.

5. The administrative authorities may consider putting in place a mechanism to check such delays and define various processing parameters and time lines viz. issuance of orders in respect of such retiring Government servants who have 300+15 days earned leave at their credit on the 20th of the month in which they are retiring as any leave availed by such Government servants shall not impact the maximum ceiling of encashment of such leave even if any request is made for grant of earned leave during the said period. The possibility of e-transfer of dues can also be worked out in consultation with respective P&AOs.

6. All Ministries/Departments are accordingly advised to bring the position referred to in this OM to the notice of all concerned from the perspective of ensuring that the dues of leave encashment in respect of Government servants retiring on attaining the age of superannuation are discharged with due promptness. It maybe ensured that sanction orders, in this regard are issued timely, so that dues admissible to the Government servants on attaining the age of superannuation, on account of encashment of leave, are discharged as soon as possible, preferably on the next working day following the date of their retirement on superannuation.

sd/-
(Mukul Ratra) 
Director

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18019_6_2013-Estt.L-21102013.pdf]

Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees

No. 12012/3/2009-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, Dated the 28th December 2012

OFFICE MEMORANDUM

Subject: Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

The undersigned is directed to state that the matter regarding extension of revised orders on encashment of Earned Leave and Half Pay Leave lo industrial employees at par with the non industrial Central Government employees covered by the CCS (Leave) Rules. 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the provision of this Department’s OM No.14028/3/2008-Estt (L) dated 25th September 2008, mutatis mutandis to industrial employees of Ministries/Department other than Railways.

Accordingly, industrial employees shall be entitled to encash both Earned Leave and Half Pay leave, subject to overall limit of 300. Cash equivalent payable for Learned Leave shall continue unchanged. However, cash equivalent payable for half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefit payable. To make up for the short fall in Earned Leave, no commutation of Half Leave shall be allowed. This Department’s OM No. 14028/25/94-Estt.(L) dated 7th October, 1996, stands amended to this extent.

2.These order shall take effect from the date of 07.11.2006, the date from which accumulation and encashment of 300 days EL were allowed to them and subject to the following conditions :-

(i) The benefit will be admissible in respect of past cases i.e. relating to period w.e.f. 07.11.2006 to till date, on receipt of applications to that effect from the pensioner concerned by the Administrative Ministry concerned.

(ii) In respect of retirees (retired after 07.11.2006), who have already received encashment of earned leave of maximum limit of 300 days together with encashment of HPL, standing at their credit on the date of retirement, such cases need not he reopened. However, such cases of Government servant considered as industrial employees retiring after 07.11.2006, in which there was a shortfall in reaching the maximum limit of 300 days can he reopened.

3. Hindi version will follow.

sd/-
(Vibha G.Mishra)
Director

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/12012_3_2009-Estt-L.pdf]

Clarification sought by Audit on encashment of sick leave

No.2(14)/2012-DPE(WC)
Government of India
Ministry of Heavy Industries & Public Enterprises
Deportment of Public Enterprises

Public Enterprises Bhawan,
Block No.14. CGO Complex,
New Delhi-110 003
Dated: 17th July, 2012

To
Shri.R.Sridhara
Deputy Director
Office of the Principal Director of Commercial
Audit and Ex-Officio Member, Audit Board
Bangalore – 560 001

Subject: Clarification sought by Audit on encashment of sick leave.

I am directed to refer to your letter No.Reports/DPE/2011-12/814 dated 7/3/2012 on the subject mentioned above.

2. As per DPE O.M. dated 24.4.1987, leave Rules are framed by individual public enterprises with approval of the Board of Directors, keeping in view the broad parameters of the policy guidelines laid down in this regard by the Government. In this context DPE O.Ms.  dated 05.08.2005, 10.12.2008 and 26.10.2010 regarding the issue of leave encashment may also be referred. Since Government’s guidelines do not permit encashment of sick leave, the same can not be enchased. However, earned leave and half-pay leave can be considered for encashment of leave on retirement subject to over all limit of 300 days. The cash equivalent payable for half-pay leave would be equal to leave salary as admissible for half-pay plus DA. It is, however, clarified that to make up the short fall in Earned Leave, no commutation of half-pay leave would be permissible.

Yours aithfully

ad/-
(P.J.Michael)
Under Secretary

Source: www.dpe.nic.in
[http://dpe.nic.in/sites/upload_files/dpe/files/glch04d18.pdf]

Some key features of 6th CPC…

Some important recommendations of 6th CPC… Most of the recommendations made by 6th CPC has been accepted by the Union Government.

The following orders in respect of maternity leave, child care leave, leave travel concession, deputation allowance have been issued after the recommendation of Sixth Central Pay Commission.

Enhancement of the quantum of Maternity Leave

Maternity Leave admissible to female Government servants has been enhanced from 135 days to 180 days with effect from the 1st September, 2008. This would enable female Government employees in nursing of their children till the age of 6
months. Further, the period of leave which can be availed of in continuation of maternity leave has also been increased to 2 years .

Introduction of Child Care Leave

In order to facilitate women employees to take care of their children at the time of need, Government has introduced Child Care leave with effect from 1st September,2008. Women employees having minor children may now be granted Child Care leave for a maximum period of two years (i.e. 730 days) during their entire career for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness etc. This leave can be availed of in more than one spell and will be admissible when the Government servant has no earned leave at her credit.

Benefits of Maternity Leave, Child Care leave extended to members of All India Service

In pursuance of the acceptance of recommendations of the Sixth Central Pay Commission, for the central civil employees, some provisions like enhancement of Maternity Leave from 135 to 180  days and Child Care leave upto two years during their entire Service to women employees have been extended to the members of All India Services.

Encashment of Earned Leave along with LTC

Encashment of earned leave up to ten days at a time and to the extent of sixty days during entire career has been permitted while availing Leave Travel Concession (LTC) by Central Government servants. Previously, the earned leave so encashed alongwith LTC was to be deducted from the maximum amount of earned leave encashable at the time of retirement. With effect from 1 September, 2008, the earned leave encashed at the time of availing LTC will not be deducted from the maximum amount of earned leave encashable at the time of retirement.  The specialconcessions/benefits granted to central government employees working in Kashmir Valley and relief to Kashmiri migrant employees of Central Government and PSUs have extended for a further period upto 31 December, 2009.

Special Casual Leave to Differently-Abled Persons

The following orders in respect of casual leave to differently-abled persons have been issued:-

(i) Orders were issued for grant of Special Casual Leave upto 10 days in a calendar year to enable differently-abled persons in the Government to attend Conferences/Workshops held in connection with welfare of such category of persons.

(ii) Orders were also issued for grant of Special Casual Leave for 4 days in a calendar year for differently-abled persons in connection with their absence from duty in view of their special requirements.

Children Education Allowance Scheme

Children Education Allowance and Reimbursement of Tuition Fee which were hither to payable separately have now been merged and known as ‘Children Education Allowance Scheme”. Under the Scheme, Government servants can claim Children Education Allowance of Rs.12,000/- per child per annum for two school going children till the twelfth class. Hostel subsidy up to a maximum of Rs.3000/- per month per child can also be reimbursed under the scheme. However, both Hostel subsidy and Children Education Allowance cannot be availed concurrently. The above limits would be automatically raised by 25 per cent every time the Dearness Allowance on the pay goes up by 50 per cent.

SPECIAL ALLOWANCE FOR CHILD CARE FOR WOMEN WITH DISABILITIES AND EDUCATION

Allowance for disabled Children

Women Government employees with disabilities are being paid Rs. 1000/- per month as Special Allowance for child care from the time of the child’s birth till the child is two years old. Reimbursement of Children Education Allowance for disabled children of Government employees are being paid at double the normal rates prescribed for normal children, i.e. Rs. 24,000/- per child per annum.

Deputation (Duty) Allowance

Subsequent to implementation of the recommendation of 6th CPC the rates of Deputation (Duty) Allowance has been revised w.e.f. 1.9.2008 to 5 per cent of basic pay subject to a maximum of Rs. 2000/- p.m. within same station and at the rate of 10 per cent of basic pay subject to Rs. 4000/- p.m. in other case.

Leave Travel Concession (LTC)

In relaxation of CCS(LTC) Rules, 1988, the Government have decided to permit Government servants to travel by air to North Eastern Region (NER) on LTC for a period of two years  w.e.f. 2 May, 2008 as indicated below:-

(i) Group ‘A’ and Group ‘B’ Central  Government employees will be entitled to travel by Air from their place of posting or nearest airport to a city in the NER or nearest airport.

(ii) Other categories of employees will be entitled to travel by air to a city in the NER from Guwahati or Kolkata.

(iii) All Central Government employees will be allowed conversion of one block of Home Town LTC into LTC for destinations in NER

Consequent upon the acceptance of the recommendations of Sixth Central Pay Commission following decisions have been taken regarding LTC which are effective from 1st September, 2008.

Definition of Family

The parents and /or step parents (stepmother and stepfather)who are wholly dependent on the Government employees shall be included in the definition of family for the purpose of LTC, irrespective of whether they are residing with the Government employee or not.

The definition of dependency will be  linked to the minimum family pension prescribed in Central Government and dearness relief thereon.  The extant conditions in respect of other relations included in the family including married/divorced/abandoned/separated/widowed daughters shall continue without any change.

Increase in the number of Home-Town LTC for fresh recruits

Fresh recruits to central government  are allowed to travel to their home town along with their families on three occasions in a block of four years and to any place in India on the fourth occasion.  This facility shall be available to the Government officers only for the first two blocks of four years applicable after joining the Government for the first time.  The blocks of 4 years shall apply with reference to the initial date of joining the Government even though the employee changes the job within Government subsequently.  The existing blocks will remain the same but the entitlements of the new recruit will be different in the first eight years of service. All other provisions concerning frequency of travel under LTC are retained.

Source: www.cgstaffnews.com