REF: BPMS / OFB / Leave / 57 (7/3/L)

Dated: 10.07.2017

To,
The Director IR,
Ordnance Factory Board,
10 A, S K Bose Road,
Kolkata – 700001

Subject: Extension of Injury Leave beyond 28 months in factory accident case.

Reference: Minutes of 21st SCM of JCM-III Level Council (OFB) held on 30.03.2017

Respected Sir,

Having gone through the minutes circulated vide OFB letter No.20/14/21(11)/A/IR, Dated 15.05.2017, it is observed that Secretary, Staff Side Shri R Srinivasan has raised the issue that the employee who met with an accident while on duty is being granted hospital leave upto 120 days with full pay and thereafter he may be granted half pay leave upto 28 months. But after 28 months there is no benefit, no pay is allowed because there is no provision of half pay leave. Minutes further states that the matter has been taken up with MoD wide OFB letter No. 1240/Per/Policy/Accident, Dated 24.06.2016.

In this regard, it is submitted that Rule 46 of CCS (Leave) Rules, 1972 & Article 291 of Civil Service Regulations deals with the Hospital Leave.

As per Rule 46 of CCS (Leave Rules) the authority competent to grant leave may grant hospital leave to Class IV & Class III Government servants, while under medical treatment in a hospital or otherwise, for illness or injury not exceeding 28 months. Hospital Leave may be granted for 120 days equal to earned leave and the remaining period will be equal to half pay leave.

Min of Defence ID No. 11(13)(60)1511/D(Civ-II), Dated 10.02.1961 under Article 291 of CSR states that it has been decided in modification of the provisions of Article 291, Civil Service Regulations that hospital leave may be granted upto 03 months on full pay or six months on half pay in any period of three years to all class IV Government servants and also to those class III Government servants whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs, etc. or the performance of hazardous tasks.

Further, it states that Industrial staff will also be entitled to hospital leave in the same manner as indicated above. Subsequently, vide MoD ID No. 11(13)60/5678/D (Civ-II), Dated 28.05.1962 it was clarified that all categories of staff other than Gazetted Officers in the Defence Establishments will be entitled to hospital leave.

Further, MoD issued Memo No. 11(6)67/5255/D(Civ-II), Dated 15.05.1967 which reads as under:-

“The Government has had under consideration for some time the question of removing the restrictions on the quantum of hospital leave to Government servants who suffer illness or injury directly due to risks incurred in the course of their official duties.

The President is now pleased to decide that the categories of the Defence civilians eligible for this kind of leave in terms of Defence Ministry‟s Office Memorandum No. 11(13)/60/1511/D(Civ-II), Dated 10.02.1961 and 11(13)/60/5678/D(Civ-II) , dated 28.05.1962 will be entitled to hospital leave without any restriction on the quantum of leave. This kind of leave can be granted for such period as is considered necessary by the authority competent to grant it.

The decision takes effect from 31.03.1967.

Article 291 Civil Services Regulations will be amended in due course.”

From above, it may be deduced that all the employees (upto Non-Gazetted) of Ord Fys are entitled for hospital leave without any restriction on the quantum of leave if he met with accident while on duty.

Therefore, you are requested to issue necessary clarification to resolve the issue without further delay.

Thanking you.

Sincerely yours
S/d,
(MUKESH SINGH)
Secretary/BPMS & Member,
JCM-II Level Council (MOD).

Signed Copy

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TYPES OF LEAVE ADMISSIBLE

• Casual Leave
• Earned Leave
• Half Pay Leave
• Commuted Leave
• Leave Not Due
• Extra-ordinary Leave
• Study Leave
• Hospital Leave
• Special Disability Leave
• Maternity Leave
• Paternity Leave
• Child care Leave

General Conditions:- Leave

• Leave – no claim as a right;
• Can be refused/ revoked;
• Kind of leave applied can not be altered by sanctioning authority;
• Commutation of leave within 30 days;
• Can not be granted for more than 5 years at a stretch;
• Prefix / Suffix – Sundays/holidays;
• MC : Govt servants – from AMA/CGHS Dispensary;
• MC: NGOs – from RMP;
• Period of over-stayal debited as HPL with no pay/allowances;
• Disc. Action on willful absence from duty after expiry of leave.

Casual Leave

• Not a recognised form ;
• Can be combined with special CL / vacation only;
• Sundays/holidays falling during a period of CL not counted;
• Sundays / holidays / restricted holidays can be prefixed/suffixed;
• Can be availed for half a day;
• Total 08 days admissible in a calendar year;
• Normally more than 5 days at a time not allowed;
• Joining in middle of year-proportionately or full – at the discretion.

Earn Leave

• 15 days on 1st January/July in advance;
• Credit reduced @ 1/10th of EOL& Dies non in previous half year;
• Rounding – fraction;
• Accumulation up to 300+15 days;
• Fresh appointment , Retirement /removal / dismissal / death in middle of half year – @ 2½ days per completed month;
• 180 days maximum can be availed at a time, exception
• Unavailed joining time credited in EL account.
• Encashment of E.L. during LTC (10 Days ) / On retirement ( Max 300 days)

Half Pay Leave

• 10 days on 1st January/July in advance;
• Credit reduced @ 1/18th of Dies non;
• Rounding – fraction;
• Accumulation – No limit;
• Fresh appointment – @ 5/3 days p.m.;
• Retirement /removal / dismissal / death in middle of half year
• Temp. Employee – grant subject to his return to duty;
• Can be on MC/without MC;
• On MC- Comm. Leave on full pay if applied for.

Commuted Leave

• Not exceeding half of HPL balance on medical certificate;
• up to 90 days during entire service –w/o MC for an approved course of study certified to be in public interest;
• up to 60 days to a female G.S. with less than 02 living children, on adoption of a child less than one year old;
• up to 60 days to a female G.S. w/o MC in continuation of maternity leave;
• Granted only if reasonable prospects of the G.S. returning to duty on its expiry.
• If quits service- period treated as HPL;
• If quits on ill health/death – No recovery.

Leave not due

• To permanent GS with no HPL at credit;
• Only on MC;
• Limited to HPL – G.S. likely to earn in remaining service period;
• Debited in HPL a/c;
• Temp. GS with min. 01 year of service – suffering from TB, Cancer or Mental illness can be granted .
• Not granted as LPR.

Leave not due-Exception

• To female GS w/o MC – in continuation of maternity leave;
• To female GS w/o MC – on adoption of a child less than one year old.
• Max. 360 days during entire service .

Leave Not Due [LND]

• Cancelled if GS does not return to duty – L.S. recovered;
• L.S. not to be recovered :
– if resigns due to ill- health incapacitating him for further service,
– if retired prematurely,
– in the event of death.

Extra Ordinary Leave (EOL)

• When no Other leave is admissible; or
• When Other leave admissible, but Govt. servant applies for EOL;
Subject to maximum leave period of 05 years, EOL can be granted to a permanent Govt. servant up to any limit

For temporary officials: –

– Up to 03 months with or w/o MC;
• with a minimum of 01 year’s service- – up to 06 months with MC for common ailments;
– Up to 18 months with MC for cancer, mental illness, pulmonary TB or Pleurisy of Tubercular origine;
• With three or more year’s service
– up to 24 months where the leave is required for studies certified to be in public interest.

Maternity Leave- Female Employees

• Admissible to married/unmarried female G.S.; – Pregnancy: 135 days;
– Miscarriage / abortion: total 45 days in the entire service.
• Leave is not debited to leave account.
• It is granted on full pay.
• It may be combined with leave of any other kind.
• Any kind of leave (i/c 60 days of Comm. Leave/LND w/o MC) up to one year can be sanctioned in continuation of Maternity Leave;
• Not admissible for ‘threatened abortion’

Paternity Leave-Male Govt. Servant

• To male Govt. servant with less than two surviving children.
• It is not debited in leave account.

Leave salary equal to last pay drawn is admissible

Study Leave

• Five year’s service (I/c period on probation)
• For higher studies/specialized training in a professional/technical subject capable of widening his mind in a manner likely to improve his ability as a civil servant;

• Study leave can be :
– Granted for maximum 24 months in the entire service and may be granted at a stretch or in different spells;
– not debited to the leave account;
– Requisite Bonds in the prescribed forms are required to be executed

• Finance Ministry’s agreement for release of foreign exchange is necessary for study leave outside India;

• Leave Salary:
– Pay plus DA, HRA, CCA & study allowance admissible outside India;
– No study allowance admissible for course in India.

Special Disability Leave

• When disabled by injury intentionally inflicted or caused in due performance of official duties;

• When disabled by illness incurred in performance of any duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attached to civil post;

• Period of leave to be certified by AMA;

• Maximum 24 months;

• Not be debited to the leave account;

• First 120 days on full pay , after that on HPL;

• Period counts for pension.

Hospital Leave

• Gr ‘C’ whose duties involve handling of dangerous machinery, explosive material, poisonous drugs or performance of hazardous tasks; and

• Gr ‘D’ while under treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duties.

• Certificate of AMA necessary;

• Period of leave considered necessary by authority;

• Total period combined with any other kind not exceeding 28 months;

• Not be debited to the leave account;

• First 120 days on full pay , after that on HPL.

• Period counts for pension.

Child Care Leave

Who are entitled for Child Care Leave?

• Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) 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. Child Care Leave shall not be admissible if the child is eighteen years of age or older.

• Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate)

• No. CCL is not applicable to third Child.

• The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.

• No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.

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