No. 13026/4/2012-Estt.(L)
Bharat Sarkar/Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 18 February. 2014

OFFICE MEMORANDUM

Subject: Execution of Bond for availing Study Leave under rule 53(4) of the CCS(Leave) Rules, 1972 – regarding.

The undersigned is directed to state that Government servants are allowed to avail “Study Leave’ in terms of the provisions of rules 50-63 of the CCS (Leave) Rules, 1972. The provisions of rule 53(4) mandates for execution of a bond by the Government Servant who is granted such leave in the relevant format prescribed for the said purpose i.e. Forms 7-10 of the CCS (Leave) Rules, 1972.

2. The said Bond executed by the Government servant requires putting in specified period of service after expiry of the Study Leave as prescribed by provisions of rule 50(5) of the said rules.

3. It has come to the notice of this Department that the provisions of the aforesaid bond are being circumvented and officers who have availed Study Leave proceed on prolonged spells of leave due and admissible to them and thus do not put in active service for the requisite period as indicated in the bond executed by them.

A. In view of the above position, the provisions of the prescribed format of the Bond have been reviewed in consultation with the Department of Legal Affairs and it has been decided that the prescribed forms 7, 8, 9 and 10 of the CSS (Leave) Rules, 1972 may be revised by incorporating a specific clause confirming commitment of the Government servant to put in requisite active service after expiry of the Study Leave. The copies of the revised formats are enclosed herewith. The grant of Study Leave shall continue to be regulated in terms of the relevant provisions of the rules as indicated in para 1 above. Ministry of Home Affairs etc are requested to ensure that the necessary Bond in respect of grant of Study Leave under the CCS (Leave) Rules, 1972 may henceforth be obtained in the revised formats.

5. These orders are being issued after consultation with the C&AG of India in respect of persons serving in the Indian Audit & Accounts Department.

6. Formal amendments to CCS (Leave) Rules, 1972 are being issued separately.

sd/-
(Mukul Ratra)
Director (L&A)

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_4_2012-Estt.L-18022014.pdf]

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The content of the letter is reproduced and given below for your ready reference…

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI -110055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No.II/10

Dated: 24-06-2013

The Secretary (E),
Railway Board,                               Kind attention Shri Suresh Kumar Seth. AM/Staff
New Delhi

Dear Sir,

Sub: Grant of Study Leave to the railway employees for pursuing higher studies in India – modification of extant provisions – requested.

Leave Rules play a significant role in the personal life and career prospects of a Government Employees including Railway employees. So for as Railway employees are concerned, the leave rules are available vide Chapter 5 of the Indian Railway Establishment Code, Vol-I-1985 (2 Reprint Edition). Leave Rules, also known as Railway Services (Liberalised Leave) Rules, were first introduced w.e.f. 1949 and are applicable to Railway employees appointed on or after 1st February, 1949. Though these rules have been amended from time to time yet do not fulfil the present day requirement and at times found totally outdated.

1.1 Important segment of these Rules which affect adversely are the rules on “Study Leave”. The Study Leave is generally granted to the Railway employees of Group ‘A’, ‘B’ & ‘C’ categories.

1.2 Rule 556 read with Appendix ‘V’ of the ‘Leave Rules’ provides for ‘STUDY LEAVE’ where following provisions have been made in Rule (7).

Leave salary during study leave

(1) During study leave availed outside India a Railway servant shall draw leave salary equal to the pay (without allowances other than dearness allowance) that the Railway servant drew while on duty immediately before proceeding on such leave, in addition to the study allowance admissible in accordance with the provisions of rules 8 to 10.

(2) (a) During study leave availed in India, a Railway employee shall draw leave salary equal to the pay (without allowances other than dearness allowances) that the Railway servant drew while on duty immediately before proceeding on such leave.

(b) Payment of leave salary at full rate under clause (a) shall be subject to furnishing of a certificate by the Railway servant to the effect that he is not in receipt of any scholarship, stipend or remuneration in respect of any part-time employment.

(c) The amount, if any received by a Railway servant during the period of study leave as scholarship or stipend or remuneration in respect of any part time employment as envisaged in sub-rule (2) of rule 8, shall be adjusted against the leave salary payable under this sub-rule subject to the condition that the leave salary shall not be reduced to an amount less than that payable as leave salary during half pay leave.

(d) No study allowance shall be paid during study leave for courses of study in India.

1.3 Rule 2 (d) quoted above clearly puts restriction that no study allowance is payable if study is undertaken in India.

1.4 On the other hand railway employees undertaking study outside India are paid study allowance that too in foreign currency. The provision needs to be amended for extending study allowance to Railway employees who avail study leave for acquiring higher skills in the Country also.

2. NFIR desires to cite a case of Railway Employee who will be facing financial hardship while availing Study Leave. The facts of the case are given here under:

2.1 Ms Jyoti Chawla, Chief Matron (PB-II & GP Rs.5400/-), working in the Northern Railway Central Hospital, New Delhi, has been sanctioned two years Study Leave commencing from 23/07/2013 to 22/07/2015 for doing M.Sc. (Nursing) at Raj Kumari Amrit Kaur College of Nursing, Lajpat Nagar, New Delhi, by the Medical Director, Central Hospital. New Delhi, vide Notice No.724-E/Jyoti Chawla/Chief Matron/CH dated 31/05/2013.

2.2 While sanctioning Study Leave, restrictions have been laid down in the notice issued by the Medical Director, Central Hospital that all expenditure for pursuing the said course i.e. Tuition Fee, Hostel Fee, Books, Boarding & Lodging etc., any other expenses shall be borne by her at her own level.

2.3 The employee has also to execute a bond to serve the Railway Administration for three years on completion of the said course with further condition that in case she resigns/leaves the service, she will have to deposit the amount of leave salary paid to her during Study Leave. A copy of said notice is enclosed for reference.

3. The position brought out above shows that the above-named employee while pursuing the M.Sc. (Nursing) shall not be entitled for study allowance, and even transport allowance for attending daily classes of M.Sc.(Nursing). Federation further wishes to state that with the radical changes in the Educational Sector and with the setting up new medical and engineering colleges with almost all types of syllabuses, the expenditure incurred by the Railway employees needs to be borne by the Railway Administration, thus the employees alongwith leave salary should be paid allowances like:
Study Allowance,
Transport Allowance etc.,
to motivate them to acquire higher skills which would benefit railways as such staff would give equality services.

NFIR. therefore, requests the Railway Board to kindly consider and amend extant provisions, allowing the payment of above allowances to the employees who are granted Study Leave for acquiring higher skills.

Yours faithfully,
sd/-
(M.Raghavaiah)
General Secretary

Source : NFIR
[www.nfirindia.org]

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Study Leave

SI. No. / Frequently asked Questions / Answer

1. What is the maximum amount of study leave which can be availed?
The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}.

2. Whether study leave can be clubbed with other leave?
Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)

3. What is the validity period of bond to be executed by the Government servant while proceeding on study leave?
Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).

4. Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?
As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]

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