30 days EL w.e.f. 20.07.1998 to be granted to Industry Employees of OFB

PC of A (Fys) clarification letter No. Pay/Tech-II/1058, Dated 10.01.2014 regarding 30 days EL w.e.f. 20.07.1998 to be granted to Industry Employees (IEs) of OFB:

Office of the Principal Controller of Accounts ( Fys.)
1.0-A,S.K.Bose Road, Kolkata-700001

No. Pay/Tech-II/1058

Date: – 10/01/2014

To
All Cs of F&A(Fys.)/Br.AOs,

Sub:- Authorisation of Earned Leave in respect of Industrial Employees (IEs) Of Ord. Fys and Ord. Equip. Fys.

Ministry of Defence vide ID No.8/1R108/D(Fy.II) dated 25/09/20,13 has clarified that the Industrial Workers employed in Ordnance factories are entitled for 30 days Earned Leave (Annual Leave) with wages. With the issuance of the clarification the provisions contained in DOP&T OM dated 20-07-1998 has become equally applicable to Industrial Employees, opted to be governed under Factories Act for Earned Leave purpose by virtue of the provisions contained in Section 78 of the Factories Act, 1948. Further, on specific queries, the Ministry confirmed that the clarification should be given effect from 20-07-1998.

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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]

Entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways – CGDA Orders

Office of the Controller General of Defence Accounts
Ulan Batar Road, Delhi Cantt – 110010

No.AT/II/2188 (PC) 10/03

Dated: 19 Oct 2011

The PCA (Fys)

Kolkata

Subject: Entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways.

Reference: Your office letters No Pay/Tech-II/1058 dated 01-10-2010 and this HQrs letter even No dated 13-07-2011.

The issue of entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways was referred to MoD (Fin) for examination and issue of clarification. MOD (Fin) has examined the issue in consultation with MoD/D (Civ-II) and MoD/ D (Fy-II)/DDP and accordingly MOD Fin (DP-l), vide their notings dated 22-09-2011 has intimated that it was clearly indicated in the order dated 5.8.2005 that it would be last chance and the option given vide order dated 5.8.2005 was for changing their earlier option for purpose of leave and the employees who did not exercise their option implies that they wish to remain with their earlier option and the employees who had not exercise their option in favour of CDS (lE) Rules, 1954 means they opted to be remain governed under the Factories Act. MOD Fin (DP-I), has further observed that in view of the views given by Ministry of labour it is clear that the factories Act, 1948 and CDS (IE) Leave Rules, 1954 are two different laws and the employees cannot have benefit of both. The ‘law’ will be applicable to only such employees who chooses to opt for that.

2. Necessary action to regulate the affected cases may be taken accordingly.

sd/-

For CGDA

Copy to

1. The Chairman
10 A, S K Bose Road Ordnance,
Factory Board, Kolkata-700001
For information
2. Shri Sadhu Singh
General Secretary, BPMS
2-A, Navin Market Kanpur-208001
For information with reference to your letters No. BPMS/LEAVE/57 (7/3/L) dated 23-09-2010, 15-10-2010 and 07-06-2011.
3. Shri C. Srikumar
General Secretary, AIDEF
S. M. Joshi Bhawan, Survey No 81 Dr Babasaheb Ambedkar Road Khadki, Pune – 411 003
For information with reference to your letters No. O60/1060/CGDA/AIDEF/AIDEF/11 dated 12-04-2011.

Persmin clarification on Encashment of EL

Encashment of leave to be granted to Government servants on their appointment in Central Public Enterprises.

The Persmin (Ministry of Personnel, P.G. and Pensions) has clarified regarding the above matter, the entitlement to leave encashment on appointment of Government servants in Central Public Enterprises. An officer in a Central Public Enterprise after acceptance of his technical resignation from Government is treated as immediate absorption. As per the terms and conditions, a Central Government servant taking appointment in the CPE on immediate absorption basis was entitled to encashment of EL to his credit at the time of acceptance of his resignation from Government service. There is a limit of 189 days. HPL stood forfeited. (The limit of EL which could be thus encashed was later raised to 300 days.)

It is further clarified that the calculation of leave encashment in case of permanent absorption in PSU/Autonomous Body wholly or substantilally owned or controlled by the Central/State Government will be as per rule 39(2)(b) which has been amended vide Notification GSR 170 dated 1/12/2009.

Rate of calculating entitlement to Earned Leave (E.L) and Half Pay Leave (HPL)


No.13026 /1/2010-Estt. ( Leave)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***

New Dlehi, the 7th Februay, 2011


OFFICE MEMORANDUM

Sub:    Rate of calculating entitlement to Earned Leave (E.L) and Half Pay Leave (HPL).

      The undersigned is directed to say that matter regarding entitlement of a Government servant, who dies while in service, to Earned Leave under Rule 27(2)(b) and Half Pay Leave Rule 29 (2) (c) of the CCS (Leave) Rules 1972 has been under consideration of this Department.

2.       At present rule 27 (2) (b) says ‘when a Government servant is removed or dismissed from service or dies while in service, credit is allowed at the rate of 2 1/2 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.’

Similarly Rule 29 (c) says ‘When a Government servant is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.’

3.       These rules adversely affect cases where the death of a serving Government Servant occurs on the last day of the month as the day of death is treated as his last working day. Clause (b) of sub rule (2) of rule 27 and clause (c) of sub-rule (2) of rule 29 of the CCS Leave Rules is modified as under :-

Rule 27 (2) (b) ‘When a Government servant is removed or dismissed from service, credit is allowed at the rate of 2 1 /2 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies, while in service, credit of Earned Leave shall be allowed at time rate of 2 1/2 days per completed month of service up to the date of death of the Government Servant.’

Rule 29 (2) (c) ‘When a Government servant is removed or dismissed from service, credit of Hall Pay Leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies while in service, credit of Half Pay Leave shall be allowed at the rate of 5/3 days per completed month of service up to the date of death of the Government Servant.’

4.      These orders take effect from the date of issue.

5.      So far as persons serving in the Indian Audit & Accounts Departments are concerned, these orders are being issued after consultation with the C&AG of India.

s/d
(Zoya C. B.)
Under Secretary to the Government of India

www.persmin.gov.in