General Condition in leave rules for government Employees
This detailed guide aims to provides an overview of the essential leave rules as outlined in the latest consolidated document on leave for government servants.
Right to Leave
- Claim to Leave:
- Leave is not an entitlement that can be claimed as a matter of right.
- Authorities can refuse or revoke leave if public service demands it. However, they cannot change the type of leave requested without the employee’s written consent.
- For medical leave under Rule 20, any refusal or revocation must involve consultation with the Medical Authority, whose advice is binding
Regulation and Claims
- Regulation of Leave:
- Leave entitlement is governed by the rules in effect at the time the leave is applied for and granted.
- Impact of Employment Changes:
- Dismissal, Removal, or Resignation: Any accrued leave is forfeited upon dismissal, removal, or resignation unless specified otherwise under Rule 39.
- Application for Another Post: If an employee’s application for another government position is processed through the proper channel and resignation from the current post is required, accrued leave does not lapse.
- Reinstatement: Employees reinstated after dismissal or removal can count their prior service towards leave.
- Re-employment: Those re-employed and allowed to count past service for pension can also count it towards leave.
Leave Conversion and Combination
- Commutation of Leave:
- Leave can be retroactively converted to another type that was due at the time of the original leave, subject to authority approval and a 30-day application period post-return.
- Adjustments in leave salary are made based on the final type of leave granted, ensuring no overpayment or underpayment.
- Combination of Leave:
- Different types of leave can be combined or taken in succession, except casual leave, which is not combinable with other leave types.
Limits and Employment During Leave
- Maximum Leave Duration:
- Continuous leave cannot exceed five years. Absence beyond this period, without exceptional circumstances approved by the President, results in deemed resignation, unless it is medically certified leave for disability.
- Employment During Leave:
- Government servants on leave, including leave preparatory to retirement, cannot take up other employment without prior approval:
- Approval from the President is required for employment outside India.
- Approval from the appointing authority is required for employment within India.
- Generally, government servants on leave are not allowed to take up other jobs. Exceptions are possible under specific conditions, such as temporary service transfer or required resignation.
- Those on leave preparatory to retirement can only be employed in public sector undertakings with appropriate leave salary adjustments.
- Government servants on leave, including leave preparatory to retirement, cannot take up other employment without prior approval:
- Service During Leave:
- If a government servant on leave preparatory to retirement is recalled to duty, the unexpired leave is canceled and can be encashed as per rules.
- DOPT Notifications: Several rules and provisions have been updated through various DOPT notifications, reflecting the latest policy changes and guidelines for leave management.
