No. 11020/08/2024-AIS-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 18th September, 2024

To,
Chief Secretaries of all the State Governments;

Subject: Instructions under AIS (Study Leave) Regulations, 1960 regarding Leave Salary for AIS officers on Central Deputation during Study Leave and grant of ex-India Study Leave for pre or post course formalities.

Sir / Madam,

I am directed to refer to letter No. 11020/09/2008 -AIS-III dated 14/07/2008 (copy enclosed) which provides for Regulation of grant of Study Leave to the members of the All India Services who are on deputation to the Government of India under Central Staffing Scheme.

2. Instances have come to notice of this Department of Study Leave proposals of AIS officers whose Central Deputation tenure is ending during the period of Study Leave, which causes inconvenience to the members of the All India Services in drawing leave salary.

3. Accordingly, in continuation of procedure provided as per letter dated 14.07.2008, it is decided that while granting the Study Leave in such cases, the salary of the concerned AIS officer till the approved period of Central Deputation shall be borne by the Central Government and for the period beyond Central Deputation, coinciding with the Study Leave period, shall be borne by the respective State Cadre/ Government.

4. In view of the above, the State Cadres/Governments while giving its concurrence/NOC in respect of Study Leave of AIS officers on Central Deputation, shall also affirm that the salary of the concerned officer for the period beyond Central Deputation, coinciding with the Study Leave period, shall be borne by the State Government.

5. Further, it has also been decided that, subject to Regulation 4 of AIS (Study Leave) Regulations, 1960, while submitting the application for ex-India Study Leave, the officer concerned may take a total 15 days of ex-India Study Leave, beyond the scheduled commencement and end dates of study course as per academic calendar of the University/ Institute. Such combination of 15 days ex-India Study Leave can be taken in parts or in total, either before commencement or after the end of Study Course abroad for pre or post course formalities. Further, such pre/post Study Leave period beyond the academic calendar of the University/ Institute needs to be duly specified while submitting proposals for ex-India Study Leave.

6. This issues with the approval of Competent Authority.

Encl: As above.

Yours faithfully,

Sd/-
(Kavita Chauhan)
Under Secretary to the Government of India

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No.NC-JCM-2020/ DOPT (DA)

October 08, 2020

The Secretary,
Government of India,
Department of Personnel & Training,
North Block,
New Delhi

Dear Sir,

Sub: Computation of gratuity and leave encashment in the case of persons retired/ to be retired after 1.1.2020 Consequent upon the denial of DA/DR

We invite your kind attention to the orders in F. No. 1/1/2020-E II (B) dated 23.04.2020 wherein the decision of the Government to deny the dearness allowance dearness relief to the employees and pensioners respectively has been conveyed. We had written two letters in the matter on 23rd April 2020 and on 26th May 2020. The undersigned had taken up the issue also with the Cabinet Secretary. when he assured of an informal discussion in the matter with the Staff Side. However. no talks have taken place thereafter. It is not for the first time that the Government is by pausing the National Council. Staff Side. On the last occasion. when the National Council met. we had pointed out the inordinate delay in convening the meetings. We are constrained to believe that the Government wanted the negotiating body to have a burial. I am however duty bound to convey the growing resentment of the employees over this unprecedented decision. As the Government has decided to deny the dearness relief to the pensioners. the pensioner community is in great financial stress as many of them are compelled to spend exorbitant amount for the treatment of Covid.

It has been brought to our notice that the denial of DA and freezing the same forced 18 months from 1.01.2020 to 1.07.2021 has created a piquant situation for the lower level administrative functionaries to correctly compute the retirement benefits in the case of those civil servants who are retiring after the date of issue of the above cited O.M. The definition of “emoluments” for the purpose of computing the gratuity as also the leave salary (of the accumulated leave) includes Dearness allowance as admissible and not as paid or payable to the Government servant. Without exception. every administrative Department has computed the entitlement on this account only with reference to the Basic pay Dearness allowance paid or received by the concerned individual i.e 17%, Either 21% w.e.f 1-1-2020 or figure increase in percentage are not taken into account while calculating gratuity and leave salary. Since the order of the Finance Ministry clearly stipulates that the Dearness Allowance admissible to the Government servants would be restored on 1.07.2021. the computation of Gratuity and leave salary without taking into account the DA as admissible to the individual Government servant is incorrect. Annexed to this letter is an example as to how the individual loses out if the present faulty, computation procedure is followed It could be seen from the given example, the concerned Government servant will lose a staggering sum of Rs. 57116 because of this faulty computation.

The Government is required to pass the orders as and when the DA has become due, Freezing it for certain period of time or denying it altogether for a specified duration are altogether different issues. Our objection to the adopted policy has already been conveyed to the Government. The faulty computation of Gratuity and Leave salary is not even intended by the order issued by the Government on 23rd April, 2020.

Also check: Benefit of gratuity in respect of Central Government Employees counting of service on joining new service covered under National Pension System (NPS)

We, therefore. request you to kindly get the matter examined and ensure that

(i) Orders are issued as and when the Dearness allowance has to be revised on the basis of the cost of living index;
(ii) Direct the administering Ministries to compute the emoluments of persons who are to retire during the period of freezing, taking the correct amount of DA as admissible to receive and not what has been paid to him for computing gratuity and leave salary
(iii) The orders revising the rate of DA DR are to be issued in April, 2020, before September, 2020 and again in April, 2021.

Thanking you,

Yours faithfully,

Shiva Copal Mishra
Secretary

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NFIR

No.IV/NFIR/7th CPC (Imp)/ Allowance/2016/Part I

Dated: 27/12/2019

The Secretary(E),
Railway Board
New Delhi

Dear Sir,

Subject: Payment of Leave Salary to the Running Staff after implementation of 7th CPC recommendations-reg.

Ref: (i) NFIR’s PNM Items No. 47/2018 & 57/2016.
(ii) Railway Board’s letter No. E(P&A)II/2017/RS-22 dated 28/12/2018 (RBE No.2204/2018).
(iii) NFIR’s letter No. IV/NFIR/7th CPC (Imp)/Allowance/2016/Part II dated 12/01/2019, 18/03/2019, 28/05/2019 & 17/08/2019.

Federation invites kind attention of the Railway Board to the references cited above relating to payment of Leave Salary to the Running Staff pursuant to the implementation of the recommendations of 7th Central Pay Commission. Federation once again reiterates that though the Railway Board have issued orders vide RBE No. 204/2018 dated 28/12/2018 but, however, there is no clarity in the said orders regarding date of effect i.e. from 01/01/2016, consequently in the provision in IPAS, date of effect has been taken as 01/07/2017 and the Running Staff have been put to recurring financial loss for 18 months (from 01/01/2016 to 30/06/2017) leave salary. Though the Federation has been making efforts to persuade the Railway Board to set right the technical snag but however action to correct/up-date IPAS has no been taken yet with the result Federation continues to receive grievances from the Running Staff from Zonal Railways.

Also check: 7th CPC: Payment of leave salary to the running staff after the implementation of 7th CPC recommendations

NFIR, therefore, once again urges upon the Railway Board to kindly intervene and issue suitable instructions to all concerned to rectify/up-date the IPAS giving effect to the instructions vide RBE No. 204/2018 dated 28/12/2018 from 01/01/2016 repeat from 01/01/2016 and not from 01/07/2017.

Action taken in the matter may kindly be apprised to the Federation.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

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NFIR

No. IV/NFIR/ 7th CPC (Imp)/ Allowance/2016/ Part II

Dated: 28/05/2019

The Secretary (E),
Railway Board,
New Delhi

Dear Sir.
Sub: Payment of Leave Salary to the Running Staff after implementation of 7th CPC recommendations – reg.

Ref: (i) NFIR’s PNM Item No. 47/2018.
(ii) Railway Board’s letter No. E(P&A)II/2017/RS-22 dated 28/12/2018 (RBE No. 204/2018).
(iii) NFIR’s letter No.IV/NFIR/ 7th CPC (Imp)/Allowance/2016/Part II dated 12/01/2019 & 18/3/2019.

Copies of Federation’s letter dated 12/01/2019 & 18/03/2019 are enclosed wherein following specific points have been mentioned:-

• Instructions issued vide RBE No. 20412018 dated 21/12/2018 do not contain the relevant provision made in Para 3.23 (b) of Board’s letter No. E(P&A)II-80/RS-10 dated 17/07/1981 which have not been incorporated.
• Board’s instructions contained in Para 2 of RBE No. 204/2018 dated 28/12/2018 are not being complied with on many Zones/Divisions with retrospective effect i.e.01/01/2016 due to Technical problems being faced in IPAS which has failed to accept amendments from back date.

NFIR, therefore, once again requests the Railway Board to kindly issue modified instructions to RBE No. 204/018 so that the remaining portion of Board’s earlier order dated 17/07/1981 also finds place in the
instructions and at the same time payments are made to the Running Staff from retrospective effect i.e.01/01/2016 duly updating the IPAS. Action taken in the matter may kindly be apprised to the Federation.

DA/As above

Yours faithfully,
(Dr. M.Raghavaiah)

Source: NFIR

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ENCASHMENT OF EARNED LEAVE ON JOINING CENTRAL GOVERNMENT FROM PSUS & VICE VERSA

Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.?

Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.

Whether Leave encashment allowed by Govt. under CCS(Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?

Encashment of EL allowed by the Govt. under the CCS (Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body / PSU for the post absorption period.

Whether cash equivalent of leave salary in case of permanent absorption in PSU / Autonomous Body is permissible?

A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo-motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D)Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment – {Note below rule 39-D – Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012}

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No.204/2018

No. E(P&A)II/2017/RS-22

New Delhi, dated 28.12.2018

The General Managers/CAOs,
All Zonal Railways & Production Units.

Sub:- Payment of leave salary to the running staff after the implementation of 7th CPC recommendations.

Some of the Zonal Railways have raised the issue that leave salary is not being paid to the running staff on the revised pay in the 7th CPC pay structure, GS/AIRF and GS/NFIR have also made various references to the Railway Board in this regard. NFIR has also raised the issue in the forum of PNM as Item No. 47/2018.

2. The issue has been examined in Board’s office and it is clarified that as per Rule 1412(III) of IREC Vol. II and Rule 924(i)(k) of IREM-I, Pay Element (presently 30% until further orders) will be reckoned for calculation of Leave Salary of Running Staff on the revised basic pay in the 7th CPC pay structure.

3. This issues with the concurrence of the Finance Directorate of Railway Board.

(N.P. Singh)
Joint Director, Estt. (P&A)
Railway Board

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.E(P&A)II/2016/F.E.2/5

New Delhi, dated 25.07.2018

The General Secretary
NFIR,
3,Chelmsford Road
New Delhi – 55

The General Secretary
AIRF
4,State Entry Road
New Delhi -55

Sir,

Sub: Payment of leave salary to Running Staff in 7th CPC.

The undersigned is directed to refer to NFIR’s letter No.IV/RSAC/Conf./Part IX, dt. 13.02.2018 and No.I/3/Part I, dated 04.04.2018 and AIRF’s letter No.AIRF/55(141), dated 09.06.2018 on the above subject and to state that the matter is under examination in Board’s Office.

Yours faithfully,
Sd/-
for Secretary, Railway Board

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NFIR

No. I/3/Part I

Dated: 04/04/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Payment of arrears arising out of leave salary consequent to the implementation of the report of 7th CPC for the period from 01/01/2016 and onwards – denial of payment on Zonal Railways.

Federation invites kind attention of the Railway Board to the provisions contained in Para 924 read with Sub-Para (iv) of IREM Vol. I wherein it has been stipulated that when Running Staff are on leave (including Casual Leave), they shall be paid leave salary based on the Basic Pay plus 30% thereof and other Allowances including DA/ADA due on the Basic Pay plus 30% thereof. Reports continued to be received from many zones that the arrears arising out of leave salary as a result of implementation of 7th CPC with effect from 01/01/2016 are not being paid to the Running Staff more particularly the West Central Railway.

In this connection, Federation also invites kind attention of the Railway Board letter No. E(P&A)II-2016/FE.2/5 dated 16/10/2017 (RBE No. 148/2017) wherein instructions were issued for reckoning of 30% pay element for calculation of leave salary on 6th CPC pay, to the Running Staff during the period 0l/01/2016 to 31/08/2008 on raising the issue by NFIR through PNM agenda item No. 57/2016 at the level of Railway Board. Unfortunately, similar instructions have not been issued for payment of leave salary taking into account 30oh of pay element to the Running Staff consequent to implementation of the recommendations of 7th CPC w.e.f. 01/01/2016 with the result running staff are not being paid leave salary on Zonal Railways reckoning 30% pay element on 7th CPC Pay in the absence of Board’s instructions.
NFIR, therefore, requests the Railway Board to consider the above facts and issue suitable instructions to the Zonal Railways for reckoning 30% pay element for payment of leave salary (7th CPC Pay) to the Running Staff w.e.f. 01/01/2016 and onwards. A copy of the instructions may be endorsed to the Federation.

Download Order
Source: NFIR

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Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff – reg.

No. IV/RSAC/Conf./Part IX

Dated: 13/02/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff – reg.

The extant instructions provide that the Running Staff are entitled for payment of Leave Salary duly reckoning 30% of pay. It has, however, been represented by our affiliates as well staff that on many Zonal Railways 30% of 7th CPC pay is not being reckoned for the purpose of payment of Leave Salary to the Running Staff. When pointed out, the Zonal Railways stated that Board’s clarification is awaited.

In this connection, NFIR desires to state that Leave Salary is not part of Allowances, therefore, 30% of 7th CPC pay needs to be added to the Basic Pay for the purpose of payment oi Leave Salary to the Running Staff. In view of confusion prevailing on certain Zonal Railways, the Railway Board may consider issuing suitable clarification for reckoning 30% of 7th CPC pay for the purpose of payment of Leave Salary.

NFIR, therefore, requests the Railway Board to issue clarification instructions as suggested above, duly endorsing copy thereof to the Federation, at the earliest.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

Source : NFIR

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• It is a full pay leave not debited to any account.
• It is granted as under:
  

  For confinement	180 days
  Miscarriage/Abortion	45 days during service
  Female Casual workers	4 weeks

• Temporary Railway employees may be granted Maternity Leave if their employment is likely to continue till they come back to service may be granted Maternity Leave on the basis of Medical Certificate.
• It may be combined with any other type of leave.
• Any leave (including LND) upto a maximum 2 years may be granted in continuation of ML if applied for without Medical Certificate.

Source: Maternity Leave

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