Amendment in the CCS (Leave) Rules, 1972 consequent upon implementation of the recommendation of 7th CPC

No. X-20/22/2021-SPN-II

Government of India

Ministry of Communications

Department of Posts

(SPN-II Section) :

Dak Bhawan, Sansad Marg,

New Delhi -110001.

Dated 8^th April, 2021

Subject: Amendment in the CCS (Leave) Rules, 1972 consequent upon implementation of the recommendation of 7th CPC. :

Sir/Madam,

I am directed to forward herewith copies of Department of Personnel & Training’s Gazette Notification No. G.S.R. 1209 (E) dated 11.12.2018 and

Clarification issued thereof vide O.M. No. 11020/01/2017-Estt.(L) dated

30.08.2019, on the above mentioned subject, for compliance.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 11th December, 2018

G.S.R. 1209(E).— In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

(1) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2, In the Central Civil Services (Leave) Rules, 1972, ——

(A) in rule 28, in sub-rule (1) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-

(a) The leave account of every Government servant (other than a military officer) who is serving in a Vacation Department shall be credited with earned leave, in advance in two instalments of five days each on the first day of January and July of every calendar year.

(b) In respect of any year in which a Government Servant avails a portion of the vacation, he shall Be entitled to additional earned leave in such proportion of twenty days, as the number of days of vacation not taken bears to the full vacation, provided the total eared leave credited shall not exceed thirty days in a calendar year,

(c) If, in any year, the Government servant does not avail any vacation, earned leave will be as per Rule 26 instead of clauses (a) and (b).

(B) in rule 29, for sub-rule (1), the following sub-rule shall be substituted, namely: —

4 (1) The half pay leave account of every Government servant (other than a military officer and a Government servant serving in a Vacation Department) shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year.

(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like.” ;

(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-

“(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:-

(i) it shall not be granted for more than three spells in a calendar year;

(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.

THE GAZETTE OF INDIA : EXTRAORDINARY {PART II—SEc. 3(i)}

(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.

(iv) Child care leave may not be granted for a period less than five days at a time.

(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty five days, and at eighty percent of the salary for the next three hundred and sixty five days.

Explanation.—Single Male Government Servant’ means ~ an unmarried or widower or divorcee Government servant.”

(5) for rule 44, the following rule shall be substituted, namely:-

“44, Work Related Illness and Injury Leave:-

The authority competent to grant leave may grant Work Related Unless and Injury Leave ( herein after_ referred to as WRIIL) to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position subject to the provisions contained in sub-rule (1) of rule 19 of these rules, on the following conditions, namely :

(1) Full pay and allowances shall be granted to all employees during the entire period of hospitalisation on account of WRITL.

(2) Beyond hospitalization, WRITL shall be governed as follows:

(a), A Government servant (other than a military officer) full pay and allowances for the six months immediately following hospitalisation and Half Pay for twelve months beyond the said period of six months. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employees leave account.

(b) For officers of Central Armed Police Forces full pay and allowances for six months immediately following the hospitalisation and full pay only for the next twenty four months.

(c) For personnel below the rank of officer of the Central Armed Police Forces full pay and allowances, with no limit regarding period.

(3) In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation paid under the Act.

(4) No Earned Leave or Half Pay Leave shall be credited during the period that employee’ is on WRIIL.”.

7 (E) rules 45 and 46 shall be omitted.

[F. No. 11020/01/2017 -Estt(L)]

GYANENDRA DEV TRIPATHI Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3,

Sub-section (i), dated 8" April, 1972 vide number S.O. 940 dated the 15" March, 1972 and

have been subsequently amended vide:

No. 11020/01/2017-Estt. (L)

Government of India

Ministry of Personnel PG & Pensions

Department of Personnel & Training

Old JNU Campus, New Delhi

Date: 30.08.2019 -

OFFICE MEMORANDUM

‘Sub: Amendment in the CCS (Leave) Rules, 1972 consequent upon the implementation of the recommendations of 7 CPC,

The undersigned is directed to say that the Government has accepted the

Recommendations of the 7" CPC and implemented the same vide Notification dated 11.12.2018. This Notification has been uploaded in the Department's website also at the address. However, despite issue of the notification in this regard, some employees have been seeking formal and informal clarifications with regard to the amendments carried through the above Notification. Keeping this in view, following clarifications specifying the amendments carried out in the CCS (Leave) Rules, 1972 vide the above said

Notification are issued: :

I. The amendments made in the CCS (Leave) Rules, 1972 vide Notification dated

: 11.12.2018, have come into force w.e.f. 14.12.2018 when the Notification was

published in the official gazette.

II. Government servants serving in a Vacation Department have been allowed

Earned Leave in place of Half Pay Leave by amending Rule 28 and Rule 29.

III. With the amendment of Rule 43-C relating to Child Care Leave (CCL), following changes have been made:- .

(a) CCL may be granted at 100% of the leave salary for the first 365 days and

80 % of the leave salary for the next 365 days.

(b) CCL may be extended to single male parents who may include unmarried

or widower or divorcee employees,

spells in a calendar year. However, for other eligible Government servants,

it will continue to be granted for a maximum of 3 spells in a calendar year.

IV. “Special Disability Leave for injury intentionally inflicted” under Rule 44 Has been substituted by a new Leave named “Work Related Illness and Injury Leave

(WRIIL)” which may be granted to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position. With the introduction of WRIIL, “Special Disability Leave for accidental injury” (under Rule 45) and Hospital Leave (under Rule 46) have been deleted.

WRIIL has following provisions:- .

(a) Full pay and allowances will be granted to all employees during the entire

period of hospitalization on account of WRILL.

(b) Beyond hospitalization, WRIL will be governed as follows:

(i) Government servants (other than military officers) will be paid full pay

and allowances for the 6 months immediately following hospitalization

and Half Pay only for 12 months beyond that period. The Half Pay

period may be commuted to full pay with corresponding number of

days of HPL debited from the employee's leave account.

(ii) For officers of the Central Armed Police Forces (CAPP), full pay and

allowances will be paid for the 6 months immediately following

Hospitalization, and full pay only for the next 24 months.