Chapter 2 : LEAVE RULE
LEAVE RULES
Que. What are the types of leave rules.
Ans:- 1. Company Leave Rules.
2.Fundamental Leave Rules.
3.State Railway Leave
Rule 4. Liberalised leave Rules,1949 Or Central Pay Commission Leave Rules.
Presently Liberalized leave Rules are only applicable.
Leave cannot be clamed as of right and leave of any kind may be refused or revoked
by the authority component to grant it.
Que.6 What are the kinds of leave?
Ans. Kinds of Leaves.
1. Leave on average pay .
2. Leave on half average pay.
3. Commuted Leave.
4. Leave not due.
5. Extraordinary Leaves.
6. Maternity Leave.
7. Paternity Leave
8. Study Leave.
9 Hospital Leave
10 Special Disability Leave
11. Leave Preparatory to Retirement.
12. Leave Encashment.
13. Casual Leave
14. Spl.Casual Leave
15. Compensatory Casual Leave
16.Leave to Special Class Apprentices.
17. Leave to Apprentice Mechanics.
18. Leave to Trade Apprentices.
19. Leave to Other Apprentice.
20. Extraordinary Leave to Apprentices.
21. Leave to Workshop Staff.
22 Leave to Running Staff.
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1) Average Leave.
No any Railway servant shall be granted leave of any kind for a continuous period of
five years. Minimum leave of 180 days can be granted at a time at a time. Total number of
average leave per year is 30 days Teaching staff of Railway School shall not be entitled for
average leave. Maximum number of 300 days leave can be accumulated.
2)Leave on Half Average Pay .
A Railway servant can availed 20 days leave per year on Half-Average pay, that to be producing medical certificate.
3) Leave without pay (leave not due).
4) Extra Ordinary Leave.
5) Maternity leave: A female servant including Apprentices with less than two serving children may be granted maternity leave for 180 days. This leave is eligible for those who are mis-carriage including abortion.
6) Paternity Leave: This leave is granted to Rly.servant including Apprentice with less than two serving children for 15 days during the confinement of his wife (or) before 135 days from the date of delivery.
[RBI's No. E((P & A ) 1 / 97 /CPC /LE-6-dt. 8. 4. 99.]
7) Casual leave: Casual Leave is admissible to Rly. Staff in all groups. The C/Leave is
granted to enable them to attend to sudden unforeseen needs / requirements. It is not treated as absent from duty and his pay is not terminated. If a Rly. Servant joined in Rly. in the middle of the year, he entitled to the full quantum of casual leave. There is no restriction to sanction full quantum of casual leave to those joining services in the second half of the year.
e.g. Example. If the Rly. Servant joined in Rly. service in the month of December, he
will be entitled to take full of quantum of C / L
[RB’s L.No. E(G) 56 LE 2 /91/3 of dt.5.10.56 ]
Casual leave, which was not availed in the calendar year , will lapse.
8) Extraordinary Leave: The Extraordinary Leave may be granted in to different occasions.
(a)When no other leave is admissible.
(b)When other leave is admissible. The Rly. Servant should give in writing for the
granting of Extra ordinary leave. This leave is permissible only for Permanent staff. Extra
ordinary leave on any one occasion in excess of the following limits.
3month without certificate. Staff who had completed 3 years of service can avail 6
months, which will be recommended by Med. certificate.
18-month leave who had completed one-year service for the following reasons.
TB on any part of the body by a qualified TB specialist. Leprosy in a recognized leprosy institute recognized by state administrative medical officer concerned. Cancer or mental illness in an institute.
9) Maternity Leave: -
Maternity Leave- (1) A female railway servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) Maternity Leave not exceeding 45 days may also be granted to a female Railway servant (irrespective of the number of surviving children) during the entire service of that female Railway servant in case of miscarriage including abortion on production of medical certificate as laid down in Rule 519.
(4) (a) Maternity Leave may be combined with leave of any other kind.
(b) Notwithstanding the requirement of production of medical certificate contained in Rule 527 or sub-rule (1) of Rule 528, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account.
(10) Hospital Leave : hospital leave can granted to Group C and D staff while under treatment for illness of injuries if such illness or injury is directly due to risk incurred in the time of official duties. This leave may be granted after submission of Medical Certificate from an authorized Medical authority. He may be granted leave not more than 120 days of average pay and the remaining period may be given on half pay salary. Divisional Rly.Managers are empowered to relax provision in individual cases meriting sanction of
hospital leave beyond 120 days. General Manager is empowered to grant hospital leave (unlimited ) to any no of days.Injured Rly. Servant injured on duty during 1985-93 where hospital leave was not granted beyond 120 days on full pay may be reviewed by the Administration and accordingly Hospital leave may be regularised by General Manager. The Hospital full average pay during the period 1985-93(old Cases) may be regularised after getting personnel sanction of the G.M. with concurrence of the FA & CAO be debited against leave account. Hospital leave which may granted by GM is unlimited and cannot be debited against leave account.
Hospital leave may be granted to the Rly. Servant who remains absents from duty for Amputation and Replacement of Artificial limbs or for obtaining spare limb.
Any Rly.servent who the Workman Compensation Act applies, the amount of leave salary payable during hospital leave shall be reduce by the amount of compensation payable under Sec.4 (1) (d). Compensation payable under cause (b) or (c) of Sec. 4(1), then hospital leaves salary to paid in full amount.
11) Special Disability Leave: The competent authority has to grant special disability leave to Rly. Servant whether temporary or permanent who is disabled by injury on duty. The period of such special leave should be certified by the Authorized Medical Attendents, and this leave should not be beyond 24 month in respect of one disability and this period will be counted as Duty. This leave can be combine with any leave. Leave salary during such leave shall for the
120 days of any kind, be equal to leave salary while on leave on average pay and and for the re maining period of any such leave, be equal to leave salary during Half Pay leave , provided the Rly. servant may at his option, may be allowed leave salary as for the period exceeding 120 days and without even the period of such leave shall be debited to his Half Pay Leave account.
This provision be applied to Temporary servant also -who was injured on duty or
becomes illness during the performance of Duty.
12) Leave Preparatory to Retirement: When a Railway servant is not interested of encashment of leave on average pay at his account at the time of Retirement can be permitted by the competent Authority to take leave preparatory to retirement to the extent of
Average which should not exceed of 240 days together with Half Pay leave and this leave s hould be up to the date of Retirement including to the date of retirement .
13) Leave Encashment: Retirement (w.e.f 1.1.2006)
Consequent to 6 th CPC recommendations both LAP and LHAP shall be considered for encashment subject to a maximum limit of 300 days.
Cash equivalent in lieu of LAP = Pay plus DA admissible on the date of retirement * No of LAP at credit (max overall limit of 300) / 30
Cash equivalent in lieu of LHAP = Half pay plus DA admissible on the date of retirement * No of LHAP at credit (max overall limit of 300) / 30
To make up shortfall of LAP no commutation of LHAP permitted.
Permanent absorption in Public Sector Undertaking
A railway servant who has been permitted to be absorbed in a post in a PSU owned or controlled by the Central/State Government shall be granted, cash equivalent of leave salary in respect of both leave on average pay leave on half average pay at the credit of the Railway servant subject to a maximum of 300 Dyingin harness/resignation/compulsary retirement.
In case of a Railway Employee dying in harness the Leave encashed amount shall be paid to family.
A Railway Employee who quits/ resigns shall be entitled to cash equivalent of LAP at credit on date of cessation of service to the extent of half of such leave at credit subject to a maximum of 150 days encashment.
Railway Employees who are compulsorily retired under DAR can be sanctioned encashment of LAP as per rules.
Amount is calculated as (Pay + DA)/30 * LAP at credit(subject to maximum).
Consequent to 6 th CPC recommendations both LAP and LHAP shall be considered for encashment subject to a maximum limit of 300 days. (w.e.f 1.1.2006).
Cash equivalent in lieu of LAP = Pay plus DA admissible on the date of retirement * No of LAP at credit (max overall limit of 300) / 30
Cash equivalent in lieu of LHAP = Half pay plus DA admissible on the date of retirement .
* No of LHAP at credit (max overall limit of 300) / 30.
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* Establishment Rule chapter 1
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