Leave Rules under Govt. of WB (WBSR Part 1) (Synoptic note)

Leave Rules:

Leave Rule 153: Leave cannot be claimed as a right.

• When the exigencies of the public service so require, discretion to refuse or revoke leave is reserved to the authorities empowered to grant it and to regulate the leave to cause as little change as possible in administrative arrangements and to ensure that the strength of a service is not unduly depleted.
• Government employees may be recalled to duty before expiry of leave.
• It is not open to the leave sanctioning authority to alter the kind of leave applied for.
• Leave of one kind granted earlier may be converted into leave of a different kind at the request of the official and at the discretion of leave sanctioning authority.
• Leave may not be granted to an employee while he is under suspension or committed to prison.

Leave Rule 34: Unless the Governor in view of the exceptional circumstances of the case otherwise determines, no permanent employee shall be granted leave of any kind for a continuous period exceeding 5(five) years.

Different Kinds of leaves:

Casual Leave: Leave Rule 207:

1. A government employee on Casual Leave is not treated as absent from duty.
2. Casual Leave should only be granted for adequate reasons and cannot be claimed as of right or allowed when the interests of public service forbid it.
3. Casual Leave cannot be combined with any other leave.
4. Casual Leave cannot be sanctioned for more than 7 consecutive days at a time including Sundays, holidays, and weekly off days.

Special Casual Leave (Appendix II):

• Special casual Leave not exceeding 30 days may be granted for participating in Sports event of national or international importance, cultural activities of an all India and state character, Mountaineering Expeditions in any calendar year. It may also be granted to the delegates of the conference and meeting of the Employees Association.

Earned Leave: Leave Rule: 169, 170, 176.

Admissibility:

• Private affairs and medical ground.
• 2.5 days per completed calendar month. 30 days per year.
• 15 days on the 1^st January & 15 days on the 1^st July.
• Maximum credit 300 days.

Period of Leave:

• 120 days at a time ordinarily

Leave carries forward:

• Resignation: application through proper channel, same Government

Leave salary (Pay) Encashment:

• Full pay
• Resignation: application through proper channel. Max 150 days.
• When an employee retires on superannuation, dies while in service, the leave sanctioning authority will Suo motu grant him leave encashment up to the period of 300 days or leave due whichever is less as per GO No.3453-F dt.28.3.2001
• Employees who retire while on suspension will be eligible for leave encashment if the suspension was wholly unjustified.

 Earned Leave in Vacation Depts. (Leave Rule: 171)

      Admissibility:

• No earned leave is credited if full vacation is availed of.
• If a Govt. employee is prevented from availing full vacation, earned leave is admissible to him in such proportion of 30 days as the number of days of vacation not taken to the full vacation.

      Period of Leave:

• Maximum accumulation of Earned leave will be 300 days.
• The total duration of vacation earned leave and commuted leave taken in conjunction shall not exceed 180 days.

      Leave salary (Pay):

• Full Pay

Half- Pay Leave: Leave Rule: 173, 176:

      Admissibility:

• Private affairs and on medical Certificate.
• @5/3 days for each completed calendar month.
• Can be converted to full pay leave if taken as Commuted leave on Medical Certificate

      Period of Leave:

• Advance half pay leave is permitted.
• 20 days for every completed year of service including periods of leaves of all kinds.
• 10 days on 1^st January & 10 days on 1^St July.

      Leave salary (Pay):

• Leave salary is equal to half the amount admissible while on earned leave and D.A. on half pay and Full HRA up to 120 days. Full M.A. also if applicable.

Commuted Leave: Leave Rule: 173(3), 176(4):

      Admissibility:

• Commuted leave not exceeding half the amount of half-pay leave and can be taken on Medical Certificate.
• Commuted leave may be granted at the request of a Govt. employee even when earned leave is due to him.

      Period of Leave:

• Half—pay leave up to a maximum of 1 80 days can be commuted in entire service life as stud leave.
• Teaching and non-teaching employees of Govt School may be allowed 30 days commuted leave on private affairs as per G.O.No.769-F dated 13.7.95.

      Leave salary (Pay):

• Leave salary is equal to the amount admissible while on earned leave.
• If a Govt. employee on commuted leave quits service voluntarily without returning to duty, the commuted leave shall be treated as half-pay leave and the excess leave salary recovered. In the event of death or due to ill health incapacitating the employee for further service, recovery may be waived.

Leave not due: Leave Rule: 174, 176(2).

      Admissibility:

• It should be limited to half— pay leave the Govt. employee is likely to earn subsequently.
• Meant to be granted only in cases of exceptional illness.
• Temporary employees having one year service may be granted 360 days in illness like TB, Leprosy, Cancer, or mental disease.

      Period of Leave:

• Maximum 360 days in entire service period.
• May be sanctioned with or without a Medical Certificate.
• Without MC 90 days at a time & 180 days in entire service period.

      Leave salary (Pay):

• Leave salary is equal to half the amount admissible while on earned leave and D.A. on half pay and Full HRA up to 120 days. Full M.A.

Extra- Ordinary Leave: Leave Rule: 175

      Admissibility:

• When no other leave is admissible

      Period of Leave:

• Temporary employee: 3 months
• Six months on completion of one year’s service on Medical Certificate
• Eighteen months when undergoing treatment for TB, Leprosy, cancer, mental disease.
• Twenty-four months for studies certified to be in the public interest.

      Leave salary (Pay):

• Without Pay & Allowances.
• Extra ordinary leave does not count for increment but where Govt is satisfied that leave was taken on account of illness or for any other cause beyond the Govt. employees’ control or prosecuting scientific or technical studies may direct that whole or part of such leave will count for increment.

Special kinds of Leave: (Leaves not debited):

Special Disability Leave: Leave Rule: 150, 195, 196

      Admissibility:

• Disability by injury or in consequence of due performance of official duties on production of medical board’s certificate.

      Period of Leave:

• Maximum 24 months

      Leave salary (Pay):

• 120 days Full Pay thereafter Half Pay.

Study Leave: Leave Rule: 197 read with Appendix 5:

      Admissibility:

• Higher study in the interest of public service.

      Period of Leave:

• 12 months at any one time and 24 months during service period

      Leave salary (Pay):

• Outside India, Full Pay + DA, whereas within India Pay are admissible if Scholarship / Stipend / Part time salary is not drawn.

Quarantine Leave: Leave Rule: 198

      Admissibility:

• Specified infectious disease certified by medical officer.

      Period of Leave:

• Normally 21 days, in exceptional cases 30 days.

      Leave salary (Pay):

• Full Pay.

Maternity Leave: Leave Rule: 199

      Admissibility:

• Only female Govt. employee. Also admissible for abortion, miscarriage.

      Period of Leave:

• Maximum 180 days, 6 weeks for miscarriage and abortion.
• Can be continued with other leaves (except CL) up to one year without medical certificate.

      Leave salary (Pay):

• Full Pay.

Child Care Leave: Leave Rule: Memo no. 1364-F(P) Kolkata, the 15 the February, 2012 The order shall take effects from 1^St January, 2012.

      Admissibility:

• Only female Govt. employee for taking care of up to two children up to 18 years of their age, whether for rearing or to look after any of their needs like examination, sickness etc.

      Period of Leave:

• Maximum 730 days during entire period of service.
• It may not be granted more than three spells in a calendar year.
• It may not be granted for less than 15 days in a spell.
• It should not be ordinarily granted during probation period except in certain extreme situations.

      Leave salary (Pay):

• Full Pay.

Child adoption Leave: Leave Rule: Memo no.9728-F(P) dated 24.10.2011

      Admissibility:

• Only female Govt. employee with less than two surviving children, adopts a child of less than 1 (one) year, she will be entitled to “Child adoption Leave.”

      Period of Leave:

• 135 days.
• Leave may be continued with any other leave (except C.L.) for a period up to one year or till the child is one year old, whichever is earlier. Even leave not due and commuted leave up to 60 days without production of medical certificate is admissible. The order shall take immediate effect from 01.10. 11.

      Leave salary (Pay):

• Full Pay.

Hospital Leave: Leave Rule: 200 to 204

      Admissibility:

• Medical ground.

      Period of Leave:

• 28 Months with all leave taken together.

      Leave salary (Pay):

• 3 Months Full Pay and thereafter Half pay

Special Sick Leave: Leave Rule: 205

      Admissibility:

• Navel staff on medical ground.

      Period of Leave:

• Maximum 3 months.

      Leave salary (Pay):

• Full Pay.

Leave Rule 80: Joining Time.

** Joining time may be combined with vacation and/or regular leave of any kind except casual leave

Leave Rule 82: When a new post is within the same station and no change of residence is involved, the joining time admissible is one day only. Holiday counts as a duty for the purpose of this rule.

[Some relevant definitions and rules]

• Rule 3B: Abstaining from or refusal to work at any time during prescribed hours of work on any day-to be treated as absence without leave, shall not draw any pay & allowances for that day. Government employees will also be liable to disciplinary action for dereliction of duty.
• Rule 3C: Resorting to strike or abetting a form of strike is not permissible- liable to disciplinary action & deemed to be absent without leave and shall not be entitled to any pay & allowances for such period.
• Rule34 (3): Break in Service: Willful absence from duty after expiry of the leave renders a Government employee liable to disciplinary action. The period of absence not covered grant of leave shall have to be treated as “dies non” for all purposes, viz., leave, increment, and pension. Unless pension sanctioⁿ authority treats the entire period as “leave without pay”, the entire past service stands forfeited.
• Rule 15: Unless otherwise distinctly provided, the whole time of a Government employee is at the disposal of the Government which pays him. He is also under obligation to stay at the headquarters unless permitted to reside outside. The service is transferable.
• Rule 5(22): Leave salary means the monthly amount paid by Government to a Government employee on leave.
• Rule 5(42): A vacation department is a department or part of a department to which regular vacations are allowed during which government employees serving in the department are permitted to be absent from duty.

…………………………