Leave encashment to officers appointed on contract in various posts under Central Government

No. 14028/1/ 2019-Estt. (L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Date: 20th June, 2019

Office Memorandum

Subject: Leave encashment to officers appointed on contract in various posts under Government – regarding

The undersigned is directed to say that the leave terms of the officers appointed on contract in various posts under the Government are governed by DoPT’ s OM No.12016/ 3/84-Estt.(L) dated 12.04.1985 which was subsequently amended vide OMs No. 12016/1/ 90-Estt. (L) dated 05.07.1990, No.12016/ 2/ 99-Estt(L) dated 12.07.1999 and No.12016/ 5/ 2009-Estt.(L) dated 31.01.2011.

Para 2 of the OM dated 12.04.1985 prescribed the limit of encashment of earned leave upto a maximum period of 180 days during the contract period of such officers which was amended vide OMs dated 05.07.1990 and 12.07.1999 thereby increasing the maximum permissible encashment limit of earned leave upto 240 days and 300 days respectively. Para 3 of the above OM dated 12.04.1985 prescribed that the total earned leave for which encashment may be allowed together with the earned leave or full pay lave or which encashment had been allowed in previous appointments, if any, under the Government is not more than 180 days which was subsequently increased to 240 days and 300 days vide OMs dated 05.07.1990 and 12.07.1999 respectively.

It has been observed that many times the Government appoints officers on contract for a specified period in public interest keeping in view their professional or scientific/ technical expertise and this restriction of 300 days may act as a disincentive especially for those who have highly specialized professional or scientific/ technical skills to join the government in various posts on contract basis for a specified period.

Now, it has been decided in consultation with Department of Expenditure that the officers who are appointed on contract in various posts under the Central Government will be allowed encashment of earned leave at their credit on the date of termination of contract, subject to the condition that for each completed year of service put in by him in the post in such contract appointment, not more than 10 days benefit of earned leave encashment shall be permissible. While calculating the encashment of leave in such a contract appointment, the number of days of leave for which encashment had been allowed in previous appointment, if any, under the Government shall not be taken into account. The relevant provisions relating to earned leave encashment as contained in para 2 and 3 of DoPT’s OM No.12016/ 3/84-Estt.(L) dated 12.04.1985 as amended vide OMs dated 05.07.1990, 12.07.1999 and 31.01.2011 stand further amended accordingly.

The above amendments will be effective with effect from the date of issue of this OM.

(Sandeep Saxena)
Under Secretary to the Government of India

Source: DoPT

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Joining Time Rules

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 11th December, 2018

G.S.R. 1209(E).– In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972,

(A) in rule 28, in sub-rule (1) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-

“(a) The leave account of every Government servant (other than a military officer) who is serving in a Vacation Department shall be credited with earned leave, 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, earned leave will be as per Rule 26 instead of clauses (a) and (b).”;

(B) in rule 29, for sub-rule (1), the following sub-rule shall be substituted, namely:-

“(1) The half pay leave account of every Government servant (other than a military officer and a Government servant serving in a Vacation Department) shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.”;

(C) in rule 43-C. (a) for sub-rule (1), the following sub-rule shall be substituted, namely”;

“(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like.” ;

(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-

“(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:-

(i) it shall not be granted for more than three spells in a calendar year;

(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.

(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.

(iv) child care leave may not be granted for a period less than five days at a time.

(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty five days, and at eighty percent of the salary for the next three hundred and sixty five days.

Explanation.- Single Male Government Servant’ means – an unmarried or widower or divorcee Government servant.”;

(D) for rule 44, the following rule shall be substituted, namely:-

“44. Work Related Illness and Injury Leave:-

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 subject to the provisions contained in sub-rule (1) of rule 19 of these rules, on the following conditions, namely :

(1) Full pay and allowances shall be granted to all employees during the entire period of hospitalisation 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 hospitalisation 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) For officers of Central Armed Police Forces full pay and allowances for six months immediately following the hospitalisation and full pay only for the next twenty four months.

(c) For personnel below the rank of officer of the Central Armed Police Forces full pay and allowances, with no limit regarding period.

(3) In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation paid under the Act.

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

(E) rules 45 and 46 shall be omitted.

[F. No. 11020/01/2017 -Estt(L)]

GYANENDRA DEV TRIPATHI Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3,

Sub-section (i), dated 8th April, 1972 vide number S.O. 940 dated the 15th March, 1972 and have been subsequently amended vide:

Source: DoPT

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A brief on all Types of Leave applicable to Central Government Employees as per Leave Rules – Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due, Maternity Leave, Paternity Leave, Study Leave, Extraordinary Leave, Chile Care Leave and More

1. Earned Leave: Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave: All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave: This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.

It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due: This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave : Maternity leave is granted to women government employees.

1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.

2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.

The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave : A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave: Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.

The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.

The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.

Study leave will not be debited to the leave account and may be combined with other leave due. Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave : Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave : In a calendar year eight days of casual leave is permissible.

Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.

(ii) It cannot be combined with joining time.

(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.

(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.

(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.

(vi) Casual Leave can be taken for half day also.

(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances.

(viii) LTC can be availed du ring Casual Leave.

(ix) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the Competent Authority.

10. Child Care Leave : Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..

Conditions for Child Care Leave

1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.

2. It can be availed in more than one spell.

3. It can not be debited against the leave account.

4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave: Hospital leave is admissible to Group ‘C’ employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group ‘D’ Employees.

Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement : The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of ‘earned leave’.

No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave : Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.

May be combined with any other leave.

Will count as service for pension.

Will not be debited to the leave account.

14. Child Adoption Leave: Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave.

It may be combined with leave of any other kind. Leave not debited against the leave account.

15. Leave to Probationers : A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices : Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship

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NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110055

Affiltated to:
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. II/10

Dated: 22/02/2016

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Accumulation of Leave on Average Pay (LAP) by the employees – Advance Correction Slip No. 78 of IREC Vol.I. (1985 Edition) reprint Edition of 1995.

Ref: (i) NFIR’s PNM item No.5/2010.
(ii) Railway Board’s letter No. E(P&A)I-2010/FE-4/2 dated 05/07/2013 addressed to GS/NFIR.

*********

With reference to above, the Federation encloses herewith a copy of its letter of even number dated 22/02/2016 addressed to the DOP&T seeking review of the case as the situations in the Railways are different.

NFIR requests the Railway Board to pursue the matter again with the Ministry of Personnel (DoP&T) at appropriate higher level for obtaining special dispensation so that leave can be got accumulated beyound 300 days by the Railway employees. A copy of the proposal being sent to the DoP&T may be endorsed to the Federation for taking follow up action.

DA/As above

Yours faithfully,
(Dr. M. Raghavaiah)
General Secreatary

Copy to the General Secretaries of affiliated Unions of NFIR.
Media Centre/NFIR.
File No.05/2010 (PNM).

Accumulation of Earned Leave/Leave on Average Pay (LAP) beyound 300 days.

No. 13012/I/2010-Est (L)

Department of Personnel and Training
Establishment(Leave) Section
**********

New Delhi, the 24th September, 2012

OFFICE MEMORANDOM

Subject: Accumulation of Earned Leave/Leave on Average Pay (LAP) beyound 300 days.

The Undersigned is directed to refer to Ministry of Railways (Railway Board) O.M.No. E(P&A)I-2010/FE-4/2 dated 10.9.2012 on the above subject and to say that proposal therein is not agreed to as the justification given for the same is not satisfactory. When due leave is not even being availed and accumulations are lapsing there does not seem to be any case for further compounding such unavailed accumulations.

Further the Govt. Policy under lying the CCS (Leave) Rules, 1972 is to encourage Government servant to break the monotony of routine work through periodical savvaticals and balancing the same against the demand of public interst & exigencies. Ministry of Railways is requested to revisit their policy of grant of leave, so that the workforce is not denied leave in cases of acute personal needs and also be encouraged for periodic time off.

(Rishi Pal)
Section Officer

Ministry of Railways
(Shri K.Shankar, Dir.Estt.(P&A)
Railway Board
Room No.337-A, Pragati Madan
New Delhi

Source: NFIR

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“The recommendations in relation to pay of both the civilian and defence forces personnel will also lead to a significant increase in the pay drawn and therefore in the total amount of leave encashment available for an employee. Therefore raising the present ceiling of 300 days is not recommended by the Commission”.

Earned Leave : Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence personnel.

EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC.

Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20 years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.

Leave Encashment permitted at the time of retirement:

Half Pay Leave (HPL) : Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.

Analysis and Recommendations : The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended

Analysis and Recommendations : In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.

The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered.

The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.

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Enhancement of ceiling of Earned Leave for purposes of Leave Encashment

The Commission has received representations seeking raising the ceiling limit of 300 days to 450 days for purposes of Leave encashment.

Analysis and Recommendations : The Commission notes that based on the recommendations of the VI CPC, serving employees are entitled for encashment of Earned Leave up to 60 days while in service. This is not to be deducted from the maximum number of Earned Leave of 300 days encashable at the time of retirement. The VI CPC, therefore, has further liberalised the regime of leave encashment.

The recommendations in relation to pay of both the civilian and defence forces personnel will also lead to a significant increase in the pay drawn and therefore in the total amount of leave encashment available for an employee.

Therefore raising the present ceiling of 300 days is not recommended by the Commission.

Authority: 7th CPC Report

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Those who were recruited and appointed as regular postal employee in various cadres like Postal Assistant /Sorting Assistant or Postman or MTS they are entitled for leave from the date of joining in the post as detailed below.

Earned Leave  : 15 days for 6 completed months of service
Half Pay Leave : 10 days for 6 completed months of service
Casual Leave : 8 days for calendar year
Restricted Holidays : 2 days for calendar year

As detailed above, therefore the Government servant can avail per year with full pay & allowances

EL : 30 days
CL/MC: 10 days
CL : 8 days
RH : 2 days

Total : 50 days.

Note:
EL and Half pay leave can be accumulated in the individual leave account without limit barring EL will 300+15 days. Hence the GS can avail as and when they need leave limited to maximum 180 days in a single spell. While on retirement from service Cash equivalent to leave salary will be paid for the balance of EL at their credit subject to maximum of 300 days.

Source : http://indianjobguru.in/

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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.

In view of the above following instructions are issued for immediate implementation:

1) Entitlement of 30 days Earned .Leave for each completed year of service may be extended to IEs who are guided under Factories Act invoking provisions of Section 78 of Factories Act.

2) The benefit of calculation of leave wages as per Section 80 of the Factories Act may be extended only to those piece workers who already opted to be guided under Factories Act for EL purpose on or before 31/10/2005. No fresh option in this regard is acceptable.

3) Crediting of 30 days EL for those IEs, as specified in Para 2, may be made w.e.f. 20/07/1998 subject to maximum accumulation of 120 days upto 06/11/2006 and 300 days thereafter.

4) Calculation of leave wages of such Industrial employees, as mentioned in Para 2 and debiting of availed leave in their leave account is to be made taking into account .intervening Sunday g & Holidays as inclusive of availed leave. Hence, instead of the existing formula of P/(N-S), their leave wages may be calculated as per regular establishment i.e. taking into account the formula of P/N where ‘P’ means the Basic Pay and piece work profit actually earned in the month immediately preceding the leave. If holidays fall during the currency of the availed Earned Leave, ‘Holiday Pay’ should not be allowed separately.

(Avra Ghosh)
Joint Controller of Accounts(Fys.)

Source: http://bpms.org.in/
[http://bpms.org.in/documents/ies-leave-2k1s.pdf]

The post Clarification regarding 30 days EL to Industry Employees of OFB appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

MINISTRY OF DEFENCE
DEPARTMENT OF DEFENCE PRODUCTION
D(Estt/NG)

Subject: Entitlement of 30 days EL Irrespective of option in respect of Industrial Employees of OFs.

In continuation to this Ministry’s ID of even no. dated 04.10.2013 it is clarified that the entitlement of earned leave of 30 days would be with effect from 20.07.1998 as the clarification was issued in response to ambiguity being raised to the effect of DOP&T’s order dated 20.07.1998 with regard to entitlement of earned leave as was categorically mentioned in the first paragraph of the ID dated 04.10.2013.

sd/-
(Amlan Das)
Under Secretary

Source: www.bpms.org.in
[http://bpms.org.in/documents/el-clarification-7f6x.pdf]

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