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Leave Rules / Instructions – Punjab State Government Employee

Leave Rules / Instructions – Punjab State Government Employee : Do You want to know about the leave rules and instructions applicable to The Punjab State Government Employee? Keep on reading to know all about various types of leave rules and other important information regarding these.

All About Leaves applicable to the Punjab State Government Employee.

  1. What are different kinds of leave?
  2. What is leave?
  3. How is leave earned?
  4. What are the rates of earned leave?
  5. Which period is countable for calculating earned leave?
  6. What is the extent of accumulation of earned leave?
  7. Leave accounts are required to be maintained?
  8. How Earned leave and commuted leave accounts are maintained?
  9. Rates of earned leave in the vacation department?
  10. Can leave be claimed as a matter of right?
  11. In which form the leave or an extension thereof should be applied?
  12. To whom the GE should submit his application for leave or an extension thereof?
  13. Can leave sanctioning authority (LSA) refuse the leave applied for by a GE?
  14. Can the nature of leave due and applied for being altered (changed) at the option of the LSA?
  15. Can EOL be sanctioned when earned leave is due and applied?
  16. Does the grant of medical certificate confer upon any right of the GE to leave?
  17. Who can issue the medical certificate for leave to a GE?
  18. Can leave be granted to GE whom the CA has decided to dismiss (etc) from service?
  19. Can Sundays and other holidays be prefixed and suffixed?
  20. Can private or commercial employment be taken during leave?
  21. Can a GE be recalled from leave?
  22. Can a GE on leave resume the duty at his own?
  23. Can a GE on medical certificate return to duty on expiry of leave?
  24. Can a GE who is on leave return to the same duty?
  25. What is to be done if GE does not resume duty after expiry of leave? Or what is over-stay of leave?
  26. Is leave admissible to GE engaged on a contract basis?
  27. What is EOL and when it can be granted?
  28. What is leave salary?
  29. At what rate the leave salary to be paid?
  30. Can leave salary be given in advance?
  31. What are additional kinds of leave granted in special circumstances?
  32. Which kinds of leave are not debitable to the Leave A/c?
  33. Up to what extent leave encashment is given?
  34. How is LE calculated?
  35. Is leave encashment to be given to the family of GE who dies while in service?
  36. Can leave encashment (LE) be withheld?
  37. When leave at credit is lapsed?
  38. Is a GE on casual leave treated as absent?
  39. What is the scale of casual leave, how is it calculated and how is its accounting?
  40. Can a GE who is on casual leave on the date of increment, draw the same?
  41. What is the treatment of casual leave?
  42. Can restricted leave be sent from home?
  43. When first half is taken as CL and second half is declared as holiday, how the leave to be treated?

Abbreviation used in the notes:

  1. GE             employee;
  2. CA             Competent Authority;
  3. LE              Leave Encashment;
  4. CSR           Civil Services Rules, Volume I, Part I or Part II
  5. EOL            Extra Ordinary Leave;
  6. HoD            Head of the Department;
  7. HoO            Head of the Office;
  8. LSA             Leave Sanctioning Authority;

What are different kinds of leave?

 Leave TypeRelevant Rule of CSR Vol-1, Part-1
1Earned leave         8.116 (i) and (ii)
2Leave preparatory to Retirement (Leave Encashment Rules) 8.116(iii)
3Half pay leave8.119(a) & (b)
4Commuted leave8.119 (c)
5Leave not due8.119(d)
6EOL (Extra Ordinary Leave)8.121
7Special disability leave8.124
8Study leave8.126
9Maternity leave8.127 (a)
10Hospital leave8.127 (c)
11Adoption leave8.128 - A
12Child Care Leave8.128 - B
13Terminal leave 8.138 - A


What is leave?

  1. Leave includes earned leave, half pay leave, commuted leave, leave not due and EOL.
  2. Earned leave means leave earned in respect of period spent on duty. Earned leave due means the amount of earned leave at the credit of GE.
  3. Half pay leave means leave earned in respect of completed years of service; Half pay leave due means the amount of half pay leave, calculated as prescribed In rule 8.119 of the Punjab CSR Vol-1, Part-1.
  4. Commuted leave means leave taken on medical grounds, which is debited double the amount of leave.
  5. EOL means leave without salary but to be given only under special circumstances;
  6. Leave preparatory to retirement.

How is leave earned?

      Leave is earned by duty as well as leave except EOL. 8.1 of CSR Vol-1 Part-1.


What are the rates of earned leave?

  1. Up to 10 years’ service-15 days per year;
  2. Next 10 years’ service-20 days per year;
  3. Thereafter, 30 days per year. . . .

Which period is countable for calculating earned leave?

With effect from 24.11.1988, the period spent on duty and all kinds of leave except EOL is countable for calculating earned leave.


What is the extent of accumulation of earned leave?

  1. Up to 30.6.1959            – 180 days;
  2. 7.59 to 23.11.1988        – No limit;
  3. 11.1988 to 17.11.1997  – 360 days; and
  4. 11.1997 onward            – 450 days. . .

Leave accounts are required to be maintained?

Yes, leave accounts of Gazetted and Non-Gazetted Employees shall be maintained by the HoD or HoO, as the case may be. 8.51 of CSR Vol-1, Part-1.


How Earned leave and commuted leave accounts are maintained?

The earned leave and commuted leave accounts are maintained in the service book of every Govt. Employee as under:-

Suppose date of appointment of an employee is 01.02.2000. He has taken leave from 1.5.2005 to 24.5.2005 for domestic work. He has also taken commuted leave for 15 days from 1.6.2006 to 15.6.2006. His Leave account on 31.12.2006 will be as under:-

Earned leave account Half pay leave (HPL) account
Period Earned leave Period HPL at credit
1.2.2000 to 31.12.2000 = 335 days

1.1.2001 to 31.12.2004 = 1461 days

1.1.2005 to 30.04.2005 = 120 days

Total days                      = 1916 days

1916 X (1/24) = 79 & 20/24

79 & 20/24 1.2.2000 to 31.1.2006

= 6 X 20 =120 days

(20 Leave per year)

120 days
Earned Leave taken from 1.5.2005 to 24.5.2005 24 days Less leave taken from 1.6.2006 to 15.6.2006 = 15 days but being commuted leave double the amount is to be debited 30 days
Balance as on 30.4.2005 79 & 20/24 – 24 =

55 & 20/24

Balance as on 31.1.2006 90 days
1.5.2005 to 31.12.2006 = 610 days

610 X (1/24) = 25 & 10/24

25 & 10/24 No Calculation because anniversary has not changed
Balance as on 31.12.2006 55 & 20/24 + 25 & 10/24 =

81 & 10/24

Balance as on 31.12.2006 90 days

Rates of earned leave in vacation department?

  • Employees of the vacation department are entitled to 8 days earned leave for every completed year spent on duty 8.117(a).
  • However, if in any year he has been prevented from availing himself of the full vacation he is entitled to the earned leave as is admissible to the employees of non-vacation department as under:-
    • Up to 10 years’ service-15 days;
    • Next 10 years’ service-20 days;
    • Thereafter, 30 days . . . 117(b).
  • If an employee of the Vacation Department avails himself of a part of vacation, the EL proportionately admissible under rule 8.117(b) together with 8 days will not exceed the maximum limit admissible, as above.

Can leave be claimed as a matter of right?

No leave cannot be claimed as a matter of right. Competent Authority can refuse leave, if the circumstances of public service so warrant. 8.15 of CSR Vol-1, Part-1.


In which form the Earned leave or an extension thereof should be applied?

Application for Earned leave should be made on form Punjab CSR No. 2. You can Download The Earned Leave Performa by Click Button Below 

Click to Downlaod


To whom the GE should submit his application for leave or an extension thereof?

To the Authority competent to grant leave as provided in Appendix 12 as under:-

Sr.No. Authority To whom Extent
1. Head of the Department All Gazetted Class I and II (now Group A & B) officers working under the HoD. Full powers
2. Head of the Office All Class III and IV (now Group C & D) employees working under the HoO. Full powers

Relevant Rule – 8.4 and 8.23 of CSR Vol 1, Part-I.


Can leave sanctioning authority (LSA) refuse the leave applied for by a GE?

The LSA can refuse the leave applied for when the exigencies of public service so require.

Relevant Rule – 8.15 of CSR Vol 1, Part-I.


Can the nature of leave due and applied for be altered (changed) at the option of the LSA?

The nature of the leave cannot be altered at the option of the LSA.

Relevant Rule – 8.15 of CSR Vol 1, Part-I.


Can EOL be sanctioned when earned leave is due and applied?

EOL may be sanctioned in special circumstances i.e. when no other leave is due or when other leave is admissible but GE himself applies for the same. 8.12 of CSR Vol 1, Part-I.


Does the grant of medical certificate confer upon any right of the GE to leave?

No, this does not in itself confer upon any right to leave. It must be sanctioned. He will be treated as absent. Relevant Rule – 8.16(1) of CSR Vol 1, Part-I.


Who can issue medical certificate for leave to a GE?

Medical certificate given by a RMP or a Vaid or Hakim or a Homoeopathic Practitioner is valid for sanctioning leave on medical ground. However, the authority competent to sanction leave reserve the right to seek second medical opinion from the Civil Surgeon or Assistant Civil surgeon.

Relevant Rule – 8.13 of CSR Vol 1, Part-I.


Can leave be granted to GE whom the CA has decided to dismiss (etc) from service?

No. leave shall not be granted to such employee.

Relevant Rule – 8.19 of CSR Vol 1, Part-I.


Can Sundays and other holidays be prefixed and suffixed?

Yes, Sundays and other holidays including restricted holidays can be suffixed and prefixed.

Relevant Rule – 8.26 of CSR Vol 1, Part-I and letter dated 4.4.1973.


Can private or commercial employment be taken during leave?

Ordinarily No. But can accept with the previous sanction of the CA.

Relevant Rule – 8.41 of CSR Vol 1, Part-I.


Can a GE be recalled from leave?

Yes, but some concessions like TA for return journey, period on voyage for calculation of leave before 24.11.88, etc are to be given to him.

Relevant Rule – 8.42 of CSR Vol 1, Part-I.


Can a GE on leave resume the duty at his own?

No. He cannot return to the duty before the expiry of leave unless he is permitted to do so by the CA.

Relevant Rule – 8.43 of CSR Vol 1, Part-I.


Can a GE on medical certificate return to duty on expiry of leave?

No, unless he submits medical fitness certificate.

Relevant Rule – 8.44 of CSR Vol 1, Part-I.


Can a GE who is on leave return to the same duty?

No. He should report his arrival and await orders.

Relevant Rule – 8.45 and 8.46 of CSR Vol 1, Part-I.


What is to be done if GE does not resume duty after expiry of leave? Or what is over-stayal of leave?

Unless the CA extends the leave, no leave salary to be paid for the period of absence, period to be debited to leave account as HPL or if not due, EOL.

Willful absence may attract disciplinary action.

Relevant Rule – 8.47 of CSR Vol 1, Part-I.


Is leave admissible to GE engaged on contract basis?

Leave admissible to the GE engaged on contract will be determined by the terms of their contract. But those should not be in excess of leave admissible to the permanent GE.

Relevant Rule – 8.57 of CSR Vol 1, Part-I.


What is EOL and when it can be granted?

EOL is leave without any salary. It can be granted when no other leave is admissible or the GE himself applies for it.

Relevant Rule – 8.121 of CSR Vol 1, Part-I.


What is leave salary?

Monthly amount paid to the GE on leave.

Relevant Rule – 2.34 and 8.122 of CSR Vol 1, Part-I.


At what rate the leave salary to be paid?

An officer on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on leave.


Can leave salary be given in advance?

Yes, as provided in rule 8.122 one month’s net pay can be given as advance.


What are additional kinds of leave granted in special circumstances?

  1. Special disability leave of maximum 24 months where a GE has been disabled to perform his duties
    – 8.124 of CSR Vol.I, part I.
  2. Study leave to study scientific and technical and similar problems. Not to be debited to leave account.
    – 8.126 of CSR Vol.I, part I and Appendix 20.
  3. Maternity leave to a female GE for 180 days – not to be debited to leave account.
    – 8.127(a) of CSR Vol.I, part I.
  4. After 8.11.1995 maternity leave for miscarriage or abortion to be restricted to 45 days during the entire service.
    – 8.127 note 2 of CSR Vol.I, part I.
  5. Hospital leave may be given to Group IV and III employees may be given whose duties involve dangerous machinery, explosive material and poisonous drugs etc. not to be debited to the leave account.
    – 8.127(c) of CSR Vol.I, Part I.
  6. Three months adoption leave is admissible to a female GE on adopting new born child. (Child Care Leave)
    – Rule 8.128 – A of CSR Vol-1, Part-I.
  7. Paternity leave of 15 days as commuted leave can be granted to Male GE having less than two children.
    – Rule 8.128 of CSR Vol-1, Part-I.

Which kinds of leave are not debitable to the Leave A/c?

  1. EOL                              – 8.121
  2. Special disability leave – 8.124
  3. Study leave                  – 8.126
  4. Maternity leave            – 8.127 (a)
  5. Hospital leave              – 8.127 (e)
  6. Adoption leave             – 8.128 – A
  7. Child Care leave          – 8.128 – B

Up to what extent leave encashment is given?

Cash equivalent of leave salary in lieu of un-utilized earned leave. Maximum for 300 days. It is Pay+DA and not CCA and HRA etc.
Relevant Rule – 8.21 (a) of CSR Vol 1, Part-I.


How is LE calculated?

(Pay+DA admissible on the date of retirement) X (No. of days of un-utilized leave)/30

Note : Un-utilized leave is subject to maximum 300 w.e.f.1.1.1996. 8.21(c) of CSR Vol 1, part I.
Example:

      Pay in pay band           12000

      Grade Pay                     5000

      DA on above (35%)       5950

      Total                           (22950 X 300)/30= 229500 /-
Payable amount is Rs. 2,29,500/-.


Is leave encashment to be given to the family of GE who dies while in service?

Yes, amount is to be paid to the family of the GE.
Relevant Rule – 8.122 (8) of CSR Vol. I, Part-I.


Can leave encashment (LE) be withheld?

Yes, LE can be withheld, where disciplinary proceedings are pending and possibility of some amount becoming recoverable is there.

Relevant Rule – 8.21(aa) of CSR Vol 1, Part-I read with letter no. 3-2(3)-1FCD-86/1730, dated 11.2.1987.


When leave at credit is lapsed?

On the date of retirement. The accumulated leave beyond 300 days will lapse to the Govt.

Relevant Rule – 8.21 of CSR Vol 1, Part-I.


Casual and quarantine leave

Is a GE on casual leave treated as absent?

GE on casual and quarantine leave is not treated as absent. He is on duty.
Relevant Rule – 8.60 of CSR Vol 1, Part-I.

What is scale of casual leave, how is it calculated and how is its accounting?

  1. Scale
    It is admissible as follows:-
    To employees with 10 years’ service or less – 10 days/Year;
    To employees with more than 10 years service but less than 20 years service – 15 days/Year;
    To employees with over 20 years service – 20 days/Year; Appendix 17.
  2. Women employees are entitled 20 days CL every year irrespective of number of years of service put in by them. Letter No.10/11/88-FPI/775, dated 22.8.1989.
  3. How calculated:
    From the date the employee completes 10th or 20th year of service, he will get casual leave according to the next higher scale, from the beginning of
    calendar year.
  4. Accounting of casual leave:
    Leave account to be maintained annually from 1st Jan to 31st December of each year. Leave from 25th Dec to 5 Jan to an employee will be debited to the two years account.
    Relevant Rule – 8.61 of CSR Vol 1, part I.

Can a GE who is on casual leave on the date of increment, draw the same?

Yes, because casual leave is no leave. However, if on earned leave, increment to be drawn on joining the duty.
Relevant Rule – 8.61 of CSR Vol 1, Part-I.


What is treatment of casual leave?

  1. Short leave
    up to 2 hrs is one third;
    up to 3 and
    half hrs – half day, and
    beyond this period – full day.
  2. When 2nd half is declared as holiday, application for first half leave– to be treated as full day.
  3. Full casual leave to be given to employee, who joins service at any time of calendar day.

Can Restricted leave be sent from home?

Yes, restricted leave can be sent from home. Letter dated 20.4.1999.


When first half is taken as CL and second half is declared as holiday, how the leave to be treated?

The employees applying for first half day C/L to be treated as full day leave for the day, when 2nd half is declared as holiday. Letter dated 28.4.1994.


THANKS

Hope you like. These notes are shared from training courses organized at MGSIPA, Chandigarh. Keep on Visiting for More Such Updates.

Also Visit

https://www.opchi.com/punjab-civil-services-rules/

https://www.opchi.com/the-punjab-civil-services-rules-volume-i-part-i/

https://www.opchi.com/the-punjab-civil-services-rules-volume-i-part-ii/

https://www.opchi.com/the-punjab-civil-services-rules-vol-2/

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