E1-E2 CSS Rev.Dt.

05-09-2011

LEAVE RULES

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Chapter-4
LEAVE RULES

RIGHT TO LEAVE (Rule 7):

(i) Leave cannot be claimed as matter of right.
(ii) Leave of any kind may be refused or revoked in the interest of service by the
sanctioning authority but it is not open to the authority to alter the kind of leave
applied for except at the request of the official.
(iii) The sanctioning authority may encourage Government servants to take leave
regularly, preferably annually.
(iv) The sanctioning authority may commute retrospectively leave of one kind into another
at the request of Govt. servant under Rule 10. But the Govt. Servant cannot claim such
commutation as of right and should apply for conversion within 30 days of expiry of
the leave availed.
EARNED LEAVE (Rule 26 and 27)
Earned leave account of every employee shall be credited in advance, in
two installments of 15 days each on the First day of January and July of every calendar
year. The credit to be afforded will be reduced by 1/10 th of the extra ordinary leave availed
and /or period of dies-non during the previous half year, subjected to a maximum of 15
days. Earned leave can be accumulated up to 300 days. The credit for half year in which
the government servant is appointed will be afforded at the rate of 2.5 days for each
completed calendar month of service which he is likely to render in the half year in which
he is appointed. Earned leave may be granted at a time for 180 days.
HALF PAY LEAVE (Rule 29)
This leave may be granted on medical certificate or on private affairs. Half pay
leave account will be credited in advance on 1st January and 1st July every year at the rate
of 10 days each. The half pay leave to be credited every half year will be reduced at the
rate of 1/18th of the period of dies-non / suspension treated as dies-non during the
preceding half year, subject to a maximum of 10 days. The advance credit for the half year
in which a government servant is appointed will be at the rate of 5/3 days for each
completed calendar month of service he is likely to render in the half year in which he is
appointed.
Provided that the case of a employee not in permanent employment or quasi
permanent employment no half pay leave may be granted unless the authority competent to
grant leave has reason to believe that the employee will return to duty on its expiry except
in case of a employee who has been declared completely and permanently incapacitated for
further service by a medical authority.
COMMUTED LEAVE (Rule 30)
Commuted leave not exceeding half the amount of half pay leave due may be
granted on medical certificate to Government servant subject to the following conditions:

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(a) The authority competent to grant leave is satisfied that there is reasonable
prospect of the employee returning to duty on its expiry.
(b) When the commuted leave is granted, twice the amount of such leave shall be
debited against the half pay leave due. It can be granted at the request of the
employee even when the earned leave is due to him.
LEAVE NOT DUE (Rule 31)
Save in the case of leave preparatory to retirement, leave not due may be granted to
a government servant in permanent employment or quasi-permanent employment subject
to the following conditions:
(a) The authority competent to grant leave is satisfied that there is reasonable
prospect of the Govt. servant returning to duty on its expiry.
(b) Leave not due shall be limited to the half pay leave he is likely to earn
thereafter.
(c) Leave not due during the entire service shall be limited to a maximum of 360
days
(d) Leave not due shall be debited against the half pay leave the Government
servant may earn subsequently.
EXTRAORDINARY LEAVE: may be granted to an employee in special circumstances:
(a) When no other leave is admissible.
(b) When other leave is admissible but the Government servant applies in writing
for the grant of extraordinary leave. It varies from 3 months to 24 months as
per rule 32 of C.C.S. Leave rules.
LEAVE PREPARATORY TO RETIREMENT (Rule 38)
An employee may be permitted by the authority competent to grant to take leave
preparatory to retirement to the extent of earned leave due (not exceeding 300 days)
together with half pay leave due,(subject to the condition that such leave extends up to and
includes the date of retirement).
MATERNITY LEAVE (Rule 43)
A female employee may be granted maternity leave by an authority competent to
grant leave for such a period of 180 days from the date of its commencement. During such
a period she shall be paid leave salary equal to the pay drawn immediately preceding the
leave.
PATERNITY LEAVE (With effect from 7.10.97)
A male employee with less than 2 surviving children may be granted paternity
leave for a period of 15 days during the confinement of his wife i.e. up to 15 days before or
up to 6 months from date of delivery of child. If such a leave is not availed it will be
treated as lapsed. Paternity leave shall not be debited to leave account.
HOSPITAL LEAVE (Rule 46)
The authority competent to grant leave may grant hospital leave to
(a) Class IV employees, and
(b) Such class III employees whose duties involve the handling of dangerous
machinery, explosive materials poisonous drugs and the like, or the
performance of hazardous tasks, While under medical treatment in a hospital or
otherwise, for illness or injury if such illness or injury is directly due to risks
incurred in the course of official duties.

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Hospital leave shall be granted on the application on the production of medical

certificate from an Authorized Medical Attendant. Hospital leave may be granted for such
a period as the authority granting it may consider necessary.
Hospital leave shall not be debited against the leave account and may be combined
with any other kind of leave which may be admissible, provided the total period of leave
after such combinations, does not exceed 28 months.
Leave salary for the first 120 days will be the pay last drawn and for the remaining
period, it will be equal to leave salary during half pay leave.
SPECIAL DISABILITY LEAVE (Rule 44 & 45) :
a) It is granted to a permanent/temporary Government servant who is disabled by injury
intentionally inflicted or caused in, or in consequence of his official position or the due
performance of his official duties.
b) The disablity should have manifested itself within three months of the occurence to
which it is attributed and the disabled person should have acted with due promptitude in
bringing it to the of the competent authority notice.
c) The competent authority, if satisfied may also permit grant of leave even where the
disability manifested itself after more than three months.
d) Special disability leave is also admissible to Government servant who is disabled by
injury accidentally incurred in, or by illness incurred in the performance of any particular
duty which has the effect of increasing his liability to illiness or injury beyond the ordinary
risk attaching to the civil post which he holds. The AMA lie should certify in these cases.
e) If the disability as at (d) above is contracted during service otherwise than with a
military force, eligible for of leave if the competent authority is satisfied that it is very
essential.
f) Leave can also be granted if disability is contracted during service otherwise than with a
military force, if in the opinion of competent authority it is exceptional in character.
g) The leave can be granted for a maximum of 24 months.
h) The disability leave can be combined with any other kind of leave. It will not be
debited to leave account. The leave period will count for pension.
i) The leave can be granted more than once if the disability is aggravated or reproduced in
a similar circumstances at a later date, but the maximum leave in consequence of any one
disability should not exceed 24 months.
k) In case of officials entitled to any benefit under the Employees' State Insurance Act or
Workmen Compensation Act, the amount of leave salary will be reduced to the extent of
benefits available under the above Acts.
Special Casual leave for Union Representatives:
Special casual leave up to a maximum of 20 days in a year may be granted for the
following purpose:

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(a) When delegates to the All India Conferences and Circle conferences and
meetings of the executive councils and circle and divisional executive
committees are required to attend such conferences and meetings.
(b) When the members from outstations are required to attend monthly meetings
with the Heads of Circles.
(c) When members from outstations on deputation wait for the Minister, Minister
of State (Deputy Minister and Director General).
Special casual leave may be allowed to members of the unions coming from
outstations to attend their monthly meetings with Departmental Officers at Divisional level
on the following conditions:
(a) That not more than two members of the Divisional Union are allowed this
concession during a year.
(b) That special casual leave is allowed only for the day/days of the meeting and
the actual time taken in the journey.
(c) That the maximum limit of special casual leave allowed should not exceed 12
days in a year.
(d) That the concession under this item will not bring an additional benefit to staff
who under paragraph (1) above are allowed the concession of special casual
leave to the extent of 20 days in a year. If any official is required to meet the
Divisional Head, the special casual leave granted to him for the purpose will be
counted against those 20 days special casual leave in a year.
(e) The local members may be given suitable off for the duration of the meeting.
All the above concessions are to be allowed subject to condition of exigencies of
service.
(D.O.T's Memo No. 54/1/71-SPB II dated 15th March 1971)
REGARDING GRANT OF SPECIAL CASUAL LEAVE
For participation in Sports and Cultural Activities
(A) Sports Events
Special casual leave may be allowed to an employee for period not
exceeding 30 days in any one calendar year. The period of absence in excess of 30 days
should be treated as regular leave of the kind admissible under the leave rules applicable
to the persons concerned. For this purpose employees may as a special case, be permitted
to combine special casual leave with regular leave. Special casual leave should not
however, be granted in combinations with ordinary casual leave.
The special casual leave may be allowed only -
(a) For participation in sporting events of National or International importance
and
(b) When the employees concerned is selected for such participation,
(c) In respect of International Sporting events by any National sports
Federation/Association recognized by the All India Council of Sports and
approved by the Ministry of Education, or
(d) In respect of events of national importance, when the sporting event
in which participation takes place, is held on an international or inter-circle basis
and the employee concerned takes part in the event in a team as a duly nominated
representative on behalf of the state, zone, or circle, as the case may be. This
concession is not to be allowed for participating either in a National or

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International sporting event in which such participation of the employee

concerned takes place in his personal capacity and not in a representative
capacity.
The grant of special casual leave will be subject to the provisions of paragraph 2 above.
The power of granting special casual leave under these orders will be exercised by Heads
of Departments as defined in supplementary Rule 2 (10) in the case of Government servant
under their administrative control and by the Ministers of the Government of India in other
cases.
Special casual leave under these orders may be granted to the employees who are selected
or sponsored by the organizations mentioned in para 2 (b) (i) above, for giving running
commentaries over the All India Radio and Doordarshan in National/International meets.
(G.I MHA O.M. No. 46/7/50 Est., dated 5th April 1954, and 28016/2/79 Est. (A), dated
the 28th November 1989.
Home Ministrys O.M. above and No. 46/20.54 Est. (A), dated the 16th June 1958 (not
printed) and provided for the grant of special casual leave to the employee who participate
in sporting events National/International importance and the inter Ministerial/Inter
departmental tournaments and sporting events. A doubt has been expressed whether
special casual leave could be allowed for central pre-section trial held in different stations
to select All India players for such tournaments or sporting events. It will be observed from
Home Ministry's order mentioned above that it was specifically stated that special casual
leave could be granted only on those where an employee is actually selected and he
participates in sporting events of National/Inter-departmental tournaments. Pre-selection
trail to select All India players for such tournaments are not covered by Home Ministry's
order mentioned above. As such no special casual leave should be granted for absence due
to pre-selection trials for selecting All India players in sporting events of
National/International importance or in Inter-Departmental tournaments.
(G.I. M.H.A., O.M. No. 46/15/67 Est (A) dated 1st January, 1968)
Cultural Activities:
It has been decided to extend the concession granted in Ministry of Home Affairs,
O.M. No. 46/20/54 Est. (A), dated 16th June 1958 to those Government servants also who
participate in cultural activities, like dance, drama, music, poetic symposium, etc. of an All
India or Inter-State Character organized by the Central Secretariat Sports Control Board or
its behalf subject to the overall limit of 30 days referred to in paragraph (d) of that O.M.
special casual leave will not be admissible for practice or for participation in cultural
activities locally.
Mountaineering Expeditions:
It has been decided that employees participating in mountaineering expeditions
may be granted special casual leave not exceeding 30 days in any one calendar year,
subject to the following conditions:
(a) That the expedition has the approval of the India Mountaineering Foundation;
and
(b) There will be no change in the overall limit of the 30 days special casual leave
for one calendar year for participation importance.
For Family Planning
(1) In the case of Male Employees:

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Male employees who undergo vasectomy operation under the family welfare
programs may be granted special casual leave not exceeding six working days. If an
employee undergoes vasectomy operation for the second time on account of the failure of
the first operation a special casual leave not exceeding six days may be granted again on
production of a certificate from the medical authority concerned to effect that the second
operation was performed due to the failure of the first operation.
(2) In the case of Female Employees:
(a) Female employees who undergo tubectomy operations-whether puerperal or
non-puerperal may be granted special casual leave not exceeding fourteen
working days.
(b) Female employees who have insertions of intrauterine contraceptive devices
may be granted special casual leave on the day of IUCD insertion.
(c) Female Employees who undergo salpingectomy (MTP) may be granted special
casual leave not exceeding 14 days.
(3) Male Employees whose wives undergo Tubectomy operations:
(a) Male employees whose wives undergo either puerperal or non-puerperal
tubectomy operation for the first time or for the second time due to failure of
the first operation (under Family Welfare Programs) may be granted special
casual leave for 7 days subject to the production of medical certificate stating
that their wives have undergone tubectomy operation for the second time due to
the failure of the first. It shall not be necessary to state in the certificate that the
presence of employees is required to look after the wife during her
convalescence.
(b) Male employees whose wives undergo tubectomy/salpingectomy operation
after Medical Termination of Pregnancy (MTP) may be granted special casual
leave up to 7 days subject to the production of the Medical Certificate stating
that their wives have undergone tubectomy / salpingectomy operation after
Medical Termination of Pregnancy. It shall not be necessary to state in the
certificate that the presence of the employee is required to look after the wife
during her convalescence.
(4) In case of post sterilization/operation complications:
An employee who requires special casual leave beyond the limits laid down for
undergoing sterilization operation owing to the developments of post-operation
complications may be allowed special casual leave to cover the period for which he or she
is hospitalized on account of post operational complications, subject to the production of a
certificate from the concerned hospital, the benefit of the additional special casual leave
may also be extended it the extent of seven days in case of vasectomy operation and the
fourteen days in case of tubectomy operation, and to such employees who after sterilization
operation do not remain hospitalized but at the same time, are not bound fit to go to work,
subject to the production of a medical certificate from the appropriate authority in the
concerned hospital/authorized medical assistant.
(5) For undergoing recanalisation operation:
Employees who undergo operation for recanalisation may be granted special casual
leave up to a period of 21 days or actual period of hospitalization as certified by the
authorized medical attendant, whichever is less. In addition special casual leave can also be
granted for the actual period of the to and fro journey performed for undergoing this

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operation. The grant of special casual leave for recanalisation operation (without any
commitment to the reimbursement of medical expenses) is subject to the following
conditions.
(i) The operation should have been performed in hospital/medical college/Institute
where facilities for recanalisation are available. If the operation is performed in a
private hospital it should be one nominated by the State Government for
recanalisation operations.
(ii) The request for grant of special casual leave is supported by a medical
certificate from the doctor who performed the operation to the effect that
hospitalization of the employees for the period stipulated therein was essential for
the operation and post-operation recovery.
The concession indicated above is admissible to employees also who:
(a) Are unmarried or
(b) Have less than two children or
(c) Desire recanalisation for substantial reasons e.g.
(d) A person has lost all male children or all female children after
vasectomy/tubectomy operation performed earlier.
(6) Combining with regular/casual leave:
Special casual leave connected with sterilization/recanalisation may be prefixed to
regular leave or CL. It cannot however be combined with casual leave and regular leave.
(G.I. Department. Of Personal & A.R.O.M. No. 28016/3/78 Estt. (A) dated 6th August
1979)
Leave Application
Application for leave must be submitted in SR-I. An application for leave must be
submitted ordinarily one month in advance so as to enable necessary arrangements to be
made for the performance of the applicants duties during his absence. Where an
application is not submitted one month in advance, in the absence of adequate reasons for
such delayed submission, the leave applied for is liable to be refused or postponed.
An application for leave will be submitted to the applicants immediate superior
who, if he is not the authority competent to sanction the leave will record his
recommendations and proposal for filling up the vacancy during the applicants absence
and forward the application without further delay to the officer who maintains the
applicants service book/record and leave account. That officer will examine the service
book/record and leave account and record the total amount of leave at the credit of the
applicant and forward the form expeditiously to the authority competent to sanction the
leave.
An officer who is authorized to sanction the leave will satisfy himself as to the title
of the leave applied for by reference to the certificate of admissibility of leave recorded on
the leave application. If the officer grants leave, an order will be issued specifying the
arrangements ordered in consequence of the vacancy, if any. A copy of the orders will be
furnished to the Head of the Applicants office and to the Head of the Office from which
the applicants pay is drawn and to each of the officials concerned; and in case of leave
application submitted to the Head of the Circle through a supervising officer, a copy of the
order passed should also be furnished to the supervising officer.

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CASUAL LEAVE
Casual leave is not recognized form of leave and is not subject to any rules.
Technically, therefore, an employee on casual leave is not treated as absent from duty and
his pay is not intermitted. For administrative reasons and in order to ensure, as far as
possible, uniformity of treatment in this respect, the following instructions have been laid
down:
(a) The number of days specified is a maximum only and no one can claim the
maximum number of days of casual leave as a matter of right.
(b) Casual leave is intended essentially for short periods or absence due to unexpected
contingencies. Such leave should ordinarily be granted for short periods of , 1, 2,
3 days but not exceeding 5 days at any one time. The head of the office may
however waive this condition in any individual case if he considers that there are
exceptional circumstances justifying a relaxation in this regard. The practice of
prefixing or suffixing casual leave to gazetted holidays and weekly off falling
within the period of casual leave, or proceeding of following it, should not be
counted as part of the casual leave.
(c) Except in the cases specified in para 5.1 given \below the grant of casual leave is, in
each case, subject to the clear condition that no extra expenditure should be
incurred in consequence of the absence of an official on casual leave. Casual leave
can be granted only when this can be done without inconvenience to public
administration and performed by the remaining staff or can be held up without
inconvenience, pending his return to duty.
(d) The authority competent to grant casual leave is head of the office, and where the
applicant is himself the head of the office, the authority immediately superior to
him. The head of the office under the control of a gazzeted officer may delegate the
power to grant casual leave to any authority subordinate to the latter. The decision
of this authority to grant casual leave is final in all cases.
Note 3: In regard to persons who join service in the middle of a calendar year the
authority competent to grant such leave, will have the discretion to grant either the
full period of 12 days or only a proportion thereof, after taking into account the
circumstances of the case.
(e) Casual leave need not be reported nor recorded in absentee statement, in service
books or service rolls. It should be noted in loose sheets in from Est-50 given on
page 67. The form should be kept with the authority, empowered to sanction casual
leave or with his head clerk, if any, Inspecting Officers should scrutinize a
proportion of these casual leave sheets. When an official is transferred, the officer
maintaining his casual leave sheets will forward them enclosed in a service register
cover direct to the officer by whom they are to be maintained.
Absence from duty
Absence after expiry of leave (Rule 25 of C.C.S. Leave Rule)
(a) Unless the authority competent to grant leave extends the leave, an employee who
remains absent after the end of leave is entitled to no leave salary for the period of
such absence and that period shall be debited against his leave account as though it
were half pay leave to the extent such leave is due, or the period in excess of such leave
due being treated as extraordinary leave.

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(b) Willful absence from duty after the expiry of leave renders a Government servant
liable to disciplinary action.

Government of Indias Decisions:

(1) Action for willful absence from duty:
Willful absence from duty, even though not covered by grant of leave does not
entail loss of lien. The period of absence not covered by grant of leave shall be treated as
dies non for all purposes, viz. increments, leave and the pension. Such absence without
leave where it stands singly and not in continuation of any authorized leave of absence will
constitute of an interruption of service for purpose of pension and unless the pension
sanctioning authority exercises its powers under Article 421, Civil Service Regulations
(now Rule 27 of the Central Civil Services (Pension rules) to treat the period as leave
without allowance, the entire past service will stand forfeited. (C&A.G., U.O. No. 1947-
a/438-58 dated the 12th September 1958 in G.I. M.F. File No. 11-(52)EV/58.
(2) Action for overstay of leave
Doubts were raised in certain quarters as to how the cases in which an official
overstays the prescribed quantum of extraordinary leave, should be dealt with. The matter
has been considered in constitution with the Department of Personnel and the Ministry of
Finance. It has been clarified that the amendment does not take away the power of the
disciplinary action for any misconduct and impose one of the penalties under C.C.A Rules,
1965. Action can, therefore be taken under these rules for unauthorized absence from duty
or overstay of leave even for one day, treating it as misconduct, if the facts and
circumstances of the case warrant such an action. DOT letter no 6/28/70 Disc. I dated the
10th February 1972).
(3 )Action for unauthorized absence from duty or overstay of leave:
The following decisions have been taken in consultation with the Department of
Personnel and the Ministry of Finance:
(a) When a temporary employee asks for leave in excess of the limits prescribed under
Rule 14(b) of the Revised leave Rule, 1933 (now Rule 32 of the Central Civil
Service (Leave) Rules, 1972) and if the circumstances are exceptional, a decision
could be taken by the leave sanctioning authority to grant further leave in excess of
the limits in consultation with the Ministry of Finance. Such cases should be
referred to the Directorate.
(b) When a temporary employee applies for leave beyond the prescribed limit of
extraordinary leave and the leave sanctioning authority is not satisfied with the
genuiness of the grounds on which further leave has been asked for, nor does he
consider the grounds as exceptional, the leave cannot be granted. In such a case the
Government servant should be asked to rejoin duty within a specified date, failing
which he would render himself liable for disciplinary action. Disobedience of
orders to rejoin duty within the specified period would afford good and sufficient
reasons for initiating disciplinary action under C.C.S. (C.C.A) rules 1965. If he
rejoins duty by the stipulated date, he may be taken back to service and the period
of absence not covered by leave be treated as overstay of leave and dealt with in
accordance with the orders regarding regularization of overstay of leave.
(c) If the employee does not join duty by the stipulated date it would be open to the
disciplinary authority to initiate disciplinary proceedings against him. If during the

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course of disciplinary proceedings he comes for rejoining duty, he should be

allowed to do so without prejudice to disciplinary proceeding already initiated
against him (unless he is placed under suspension) and the disciplinary action
concluded as quickly as possible. The question of regularization of the period of
overstay of leave is left over for consideration till the finalization of the disciplinary
proceedings.
(d) If the employee absents himself abruptly or applies leave which is refused in the
exigencies of services and still he happens to absent himself from duty he should be
told of the consequence viz., that the entire period of absence would be treated as
unauthorized, entailing loss of pay for the period in question under provision to
fundamental Rule 17 there by resulting in break in service. If however, he reports
for duty before or after initiation of disciplinary action it may be concluded and the
period of absence treated as unauthorized resulting in loss in pay and allowances
for the period of absence under provision to F.R. 17 (I) and thus a break in
service. The question whether the break should be condoned or not and treated as
dies-non should be considered only after concluding of the disciplinary proceedings
and that too after the employee represent in this regard.
(e) It is made clear that a employee who remains absent unauthorized without
permission should be proceeded against immediately , and this should not be put
off till the absence exceeds the limit prescribed in Rule 32 (2) (a) of the C.C.S
(leave) Rules, 1972. However, this disciplinary authority should consider the
grounds abducted by the employee for his unauthorized absence are justified, the
leave of the kind applied for and due and admissible may be granted to him. DOTs
No 6/28/70 Disc. 1) (SPB 12) dated the 5 th October 1972)

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Application for leave or for extension of leave (SR 1)

1. Name of the applicant

2. Post held
3. Department / Office / Section
4. Pay
5. House rent and other compensatory allowances drawn in the present post.
6. Nature and period of leave applied for and date from which required.
7. Sunday and holidays, if any, proposed to be prefixed, suffixed to leave.
8. Grounds on which leave is applied for.
9. Date of return from last leave, and the nature and period of that leave.
10. I propose / do not propose to avail myself of leave / travel concession for the block
years . during the ensuring leave.
11. Address during leave period.
Signature of the applicant
12. Remarks and / or recommendation of the controlling officer.

Signature (with date)

Designation.
CERTIFICATE REGARDING ADMISSIBILITY OF LEAVE

Certified that (nature of leave)

for ..from to .If admissible under
rule of the Central Civil Services (Leave) Rules, 1972.

Signature (with date)

Designation

Order of the authority competent to grant leave.

Signature (with date)

Designation

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If the applicant is drawing any compensatory allowance, it should also be indicated in the
orders on the expiry of leave, the employee is likely to return to the same post or to another
post carrying similar allowance.
Casual Leave Account (Est. 50)

Sl. Name of the Casual Leave for the Year .

No Official
. 1 2 3 4 5 6 7 8 9 10 11 12 RH1 RH2

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