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LECTURE-2

Kinds of Leave due and admissible

As per the existing procedure,, leave is credited in advance to the

Leave Account of a GS on 1st January and 1st July respectively and debited
as and when leave is availed by him/her. Besides, there are some special types
of leave which have no effect on the leave account if availed.

Debitable leave Non-debitable leave

*Earned Leave (EL) *Maternity Leave
*Half-Pay Leave (HPL) *Paternity Leave
*Commuted Leave *Child Care Leave
*Leave Not Due (LND) *Study Leave
*Extra Ordinary Leave(EOL) *Work Related Illness and Injury
Leave (WRIIL)

➢ Earned leave for Government servants serving in Departments

other than Vacation Departments (Rule-26 & 27):-

The leave account of every Government servant (other than a military

officer) who is serving in a Department other than a Vacation Department, shall
be credited with earned leave, in advance, in two instalments of 15 days each
on the first day of January and July of every calendar year.

➢ Calculation of Earned Leave:

:-Earned leave shall be credited to the leave account of Government servant at
the rate of 2½ days for each completed calendar month of service which he
is likely to render in a half-year of the calendar year in which he is
appointed.
The credit for the half-year in which a Government servant is due to
retire or resigns from the service shall be afforded only at the rate of 2½ days
per completed calendar month up to the date of retirement or resignation.
:- When a Government servant is removed or dismissed from service,
credit of earned leave shall be allowed at the rate of two & half 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 the rate of two & half days per completed month of service
up to the date of death of the government Servant.
:- If a Government servant has availed of extraordinary leave and/or some
period of absence has been treated as dies non in a half-year, the credit to be
afforded to his leave account at the commencement of the next half-year shall
be reduced by 1/10th of the period of such leave and/or dies non subject to
maximum of 15 days.
➢ :-When a Government servant joins a new post without availing full
joining time, the number of days of joining time as admissible, subject
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to the maximum of 15 days, reduced by the number of days actually

availed of, shall be credited to his leave account as earned leave.
Provided that the earned leave at his credit together with the
unavailed joining time allowed to be so credited shall not exceed 300
days (in addition to the number of days for which encashment has been
allowed along with LTC while in service).
➢ :- The leave at the credit of a Government servant at the close of the
previous half-year shall be carried forward to the next half-year, subject
to the condition that the leave so carried forward plus the credit for the
half-year do not exceed the maximum limit of 300 days (in addition to
the number of days for which encashment has been allowed along with
LTC while in service).
Provided that where the earned leave at the credit of Government
servant as on the last day of December or June is between 286 to 300
days (in addition to the number of days for which encashment has been
allowed along with LTC while in service), the advance credit of 15 days
earned leave on first day of January or July be kept separately and first
adjusted against the earned leave that the GS takes during that half-year
and the balance, if any, shall be credited to the leave account at the close
of the half-year, subject to the condition that balance of such earned leave
plus leave already at credit do not exceed the maximum limit of 300 days
(in addition to the number of days for which encashment has been allowed
along with LTC while in service).
➢ The maximum earned leave that may be granted at a time shall be 180
days in the case of any Government servant employed in India.
EXCEPTION:-(a) Earned leave for a period exceeding 180 days but
not exceeding 300 days (in addition to the number of days for which
encashment has been allowed along with LTC while in service) may be
granted to a GS in Group ‘A’ and Group ‘B’ officers/ services, if at least
the quantum of leave in excess of 180 days is spent outside India,
Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan. (Rule-
26(3)
(b) EL may be taken at a time up to 300 days as leave preparatory to
retirement.
Half pay leave (Rule-29):-
The half pay leave account of every Government servant (other than a
military officer) shall be credited with half pay leave in advance, in two
instalments of 10 days each on the first day of January and July of every
calendar year.
The leave shall be credited to the said leave account at the rate of 5/3
days for each completed calendar month of service which he is likely to
render in the half–year of the calendar year in which he is appointed.
Where a period of absence or suspension of a Government servant has
been treated as dies non in a half-year, the credit to be afforded to his half
pay leave account at the commencement of next half-year, shall be reduced
by 1/18TH of the period of dies non subject to a maximum of 10 days.
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The leave under this rule may be granted on medical certificate OR on

private affairs. While affording credit of half pay leave, fraction of a day
shall be rounded off to the nearest day.
❖ The credit for the half-year in which a GS is due to retire or resigns
from the service shall be allowed at the rate of 5/3 days per completed
calendar month up to the date of retirement or resignation.
❖ When a GS is removed or dismissed from 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.
❖ When a GS 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.
NOTE:- In case of a temporary official or quasi-permanent official, no half
pay leave shall be granted unless the authority competent to grant leave has
reasons to believe that the Government servant will return to duty on its
expiry except in the case of a Government servant who has been declared
completely and permanently incapacitated for further service by a Medical
Authority.
Commuted leave (RULE-30)
Commuted leave not exceeding half the amount of half pay leave due
may be granted on medical certificate to a Government servant (other than
a military officer), subject to the following conditions:-
(a) the authority competent to grant leave is satisfied that there is
reasonable prospect of the GS returning to duty on its
expiry.
(b) when commuted leave is granted, twice the amount of such
leave shall be debited against the HPL due.
❖ HPL 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.
❖ Commuted leave in continuation of maternity leave may be granted
up to 60 days without medical certificate. Such leave up to 60 days
without production of medical certificate may also be granted to an
adoptive mother.
❖ Commuted leave in continuation of Child Care Leave may be granted
up to 60 days without production of medical certificate.
❖ Where a GS who has been granted commuted leave resigns from
service or at his request permitted to retire voluntarily without
returning to duty, the commuted leave shall be treated as HPL and
the difference between the leave salary in respect of commuted
leave and half pay leave shall be recovered. However, no such
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recovery shall be made if the retirement is by reason of ill-health

incapacitating the GS for further service or in the event of his death.
❖ Commuted leave may granted at the request of the Government
servant even when earned leave is due to him.
Leave not due (Rule-31):-
❖ Leave Not Due may be granted to the GS with no HPL at credit.
❖ Except in the case of leave preparatory to retirement, Leave Not Due
may be granted to a Government servant in permanent employ or quasi-
permanent employ (other than a military officer) limited to a maximum of 360
days during the entire service on medical certificate subject to the following
conditions:-
(a) The authority competent to grant leave is satisfied that there is
reasonable prospect of the Government servant returning to duty on
its expiry. (Hence, it is not granted during leave preparatory to retirement)
(b) Leave Not Due shall be limited to the half pay leave he is likely to
earn thereafter.
(c) Leave Not Due shall be debited against the HPL the Government
servant may earn subsequently.
❖ Leave Not Due may also be granted to the temporary Government
servants with one year of minimum service and suffering from TB, Leprosy,
Cancer or Mental Illness, for a period not exceeding 360 days during entire
service, subject to following conditions, namely:
(i) that the post from which the Government servant proceeds on leave is likely
to last till his return to duty;
(ii) that the request for grant of such leave is supported by a medical certificate.
(iii) Leave Not Due shall be limited to the half pay leave he is likely to earn
thereafter.
(iv) Leave Not Due shall be debited against the HPL the Government
servant may earn subsequently.
❖ Where GS resigns or retired voluntarily without returning to duty
or resigns or retires before earned HPL:-
Where a Government servant who has been granted LND resigns form
service or at his request permitted to retire voluntarily without returning
to duty, the Leave Not Due shall be cancelled, his resignation or retirement
taking effect from the date on which such leave had commenced, and the
leave salary shall be recovered.
Where a Government servant who having availed himself of Leave Not
Due returns to duty but resigns or retires from service before he has
earned such leave, he shall be liable to refund the leave salary to the extent the
leave has not been earned subsequently.
However, no leave salary shall be recovered if the retirement is by
reason of ill-health incapacitating the Government servant for further service
or in the event of his death Or the Government servant is compulsorily
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retired prematurely under Rule 42 CCS (Pension) Rules, 2021, or is retired

under Fundamental Rule 56(j) or Fundamental Rule 56(i).
NOTE:- LND can be granted to an officer whose leave account shows a debit
balance in consequence of grant of LND on a previous occasion.
Extraordinary leave (EOL) (Rule-32)
* Extraordinary leave may be granted to a Government servant (other than a
military officer) in special circumstances-
(a) when no other leave is admissible:
(b) when other leave is admissible, but the Government servant applies
in writing for the grant of extraordinary leave.
NOTE-The authority competent to grant leave may commute retrospectively
periods of absence without leave into extraordinary leave.
* For temporary official, the limit for grant of EOL on any one occasion
is:-
(a) All official- up to three months with or without medical certificate.
(b) six months, where the Government servant has completed one year's
continuous service on the date of expiry of leave of the kind due and
admissible under these rules, including three months’ extraordinary leave
under Clause (a) and his request for such leave is supported by a
medical certificate as required by these rules;
(c) eighteen months, where the Government servant who has completed
one year’s continuous service is undergoing treatment for -
(i) Pulmonary Tuberculosis or Pleurisy of tubercular origin, in a
recognized sanatorium;
(ii) Tuberculosis of any other part of the body by a qualified Tuberculosis
Specialist or a Civil Surgeon or Staff Surgeon; or
(iii) Leprosy in a recognized leprosy institution or by a Civil Surgeon or
Staff Surgeon or a Specialist in leprosy hospital recognized as such by the
State Administrative Medical Officer concerned.
(iv) Cancer or for mental illness, in an institution recognized for the
treatment of such disease.
(d) twenty-four months, where the leave is required for the purpose of
prosecuting studies certified to be in the public interest, provided the
Government servant concerned has completed three years’ continuous
service on the date of expiry of leave of the kind due and admissible under
these rules, including three months’ extraordinary leave under Clause (a).
NOTE:- Where a Government servant is granted extraordinary leave in
relaxation of the provisions contained in Clause (d), shall be required to
execute a Bond undertaking to refund to the Government the actual amount
of expenditure incurred by the Government during such leave plus that
incurred by any other agency with interest thereon in the event of his not
returning to duty on the expiry of such leave or quitting the service before a
period of three years after return to duty.
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The Bond shall be supported by Sureties from two permanent

Government servants having a status comparable to or higher than that of
the Government servant.
NOTE:- For the purposes of determining one occasion, two spells of
extraordinary leave, if intervened by any other kind of leave, shall be
treated as one continuous spell of extraordinary leave.
NOTE:-
* EOL to SC and ST employee:- Government servants belonging to the
Scheduled Castes or the Scheduled tribes may, for the purpose of attending the
Pre-Examination Training Course at the centers notified by the Government
from time to time, be granted extraordinary leave by Head of Department. This
may be granted to temporary employee in more than one occasion also.
* LEAVE PREPARATORY TO RETIREMENT:-
A Government servant may be permitted by the authority competent to grant
leave to take leave preparatory to retirement to the extent of earned leave due,
not exceeding 300 days together with half pay leave due, subject to the
condition that such leave extends up to and includes the date of retirement.
The leave granted as leave preparatory to retirement shall not include
extraordinary leave.
* Where a Government servant who is on foreign service in or under any
Local Authority or a Corporation or Company wholly or substantially owned
or controlled by the Government or a Body controlled or financed by the
Government (hereinafter referred to as the local body) applies for leave
preparatory to retirement, the decision to grant or refuse such leave shall be
taken by foreign employer with the concurrence of the lending authority
under Central Government.
The Government servant on foreign service shall be allowed to encash
earned leave at his credit on the date of retirement subject to maximum of
300 days.