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 8th 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.
(C) in rule 43-C. (a)-for sub-rule (1), the following sub-rule shall be substituted, namely”;
(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,
(c) For single female Government servants, the CCL may be granted for six
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.
(iii) Personnel below the rank of officers of CAPF
will be paid full pay and
allowances, with no limit regarding the period of
leave.
(iv) 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 payable under
the Act. oe
(v) No EL or HPL will be credited during the
period that employee is on
WRIIL.
