GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
RAJYA SABHA
UNSTARRED QUESTION NO-849
ANSWERED ON-12.12.2013
Countries rank in Global Age Watch Index
849 . SHRI ALOK TIWARI
PRABHAT JHA
KUSUM RAI
ARVIND KUMAR SINGH
(a) whether as per the data of Global Age Watch Index, India ranks at 73rd position in elderly care out of 91 countries sampled; and
No.A-24020/01/2013-SS.I
Government of India/Bharat Sarkar
Ministry of Labour & Employment/Shram Aur Rozgar Mantraylya
Social Security Division/Samajik Surakasha Prabhag
Shram Shakti Bhawan, New Delhi.
Dated the 30th July’ 2013
To,
The Director General,
ESI Corporation,
Panchdeep Bhawan,
CIG Marg,
NEW DELHI 110002.
Subject: Clarification regarding grant of CCL and other related benefits - reg.
Sir,
I am directed to refer to ESIC’s letter bearing No. A-40/11/5/2012-E.III dated 27.05.2013 on the subject mentioned above and to say that the matter has been examined in consultation with Department of Personnel and Training.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(P&A)l-2011/CPC,LE..3
New Delhi, dated 03.01.2013
The General Secretary,
AIRF,
4, State Entry Road,
Mew Delhi-110 055.
Sir,
Sub:- Grant of CCL to widower Railway employee in the event of death of wife left behind two surviving children.
Ref: Board’s letter No. E(P&A)I-2011/CPC/LE-3 dated 03.05.2012.
The undersigned is directed to refer to your letter No. AIRF/50(95) dated 19.04.2012 on the above cited subject and it is stated that the matter regarding grant of CCL to widower male employees at par with female employees was referred to DOP&T, which is nodal department in the matter of Leave.
50479—F.D.—H.G.P., Chd.
No.11/102/2009-3FR
From
Principal Secretary to Government Haryana,
Finance Department.
To
1. All Administrative Secretaries to Government Haryana.
2. All the Heads of Department.
3. Commissioner, Ambala, Hisar, Rohtak and Gurgaon Divisions.
4. All Deputy Commissioners in Haryana.
5. Sub Divisional Officers (Civil) in Haryana.
6. The Registrar, Punjab & Haiyana Higb Court, Chandigarh.
Dated, Chandigarh, the 5th November, 2012.
Subject:- Grant of Child Care Leave (CCL) to Women Government Employees-Delegation of Power.
Sir,
I am directed to invite your attention to Haryana Government Finance Department’s letters no. 11/102/2009-3FR dated 5.7.2012, on the subject noted above. Vide these instructions it was clarified that cases would be sent to the Finance Department for sanction of Child Care Leave (CCL) for a period of more than 120 days if to be spent within India and of 240 days if to be spent out of India. On reconsideration it has now been decided that such leave may be sanctioned by the following authorities to the employees working under them:-
No. 2(9)/2012-E.II(B)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, 27th August, 2012.
OFFICE MEMORANDUM
Subject:- Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL) - Reg.
The undersigned is directed to refer to Para 6 (a)(i) of this Ministry’s O.M. No.2(37)-E.II(B)/64 dated 27.11.1965, as amended from time to time, on regulation of House Rent Allowance during Leave which stipulates that a Government servant is entitled to draw HRA..... during total leave of all kinds not exceeding 180 days and the first 180 days of the leave if the actual duration of leave exceeds that period; but does not include terminal leave,...... It has also been stipulated, thereunder, that drawal of the allowance (HRA) during the period of leave in excess of first 180 day availed of on grounds other than medical grounds mentioned in sub-para (ii), shall be subject to furnishing of the certificate prescribed in Para 8(d) of the O.M. ibid.
Department of Personnel & Training
Estt (Leave) Section
| Frequently asked Question | Answer |
| 1. What are the leave entitlement of Govt. Servants serving in a vacation Department w.e.f. 1.9.2008 | Earned leave for persons serving in Vacation Departments: (1) (a) A Government servant (other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.
(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation.
Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service.
(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26. · For the purpose of this rule, the term ‘ year’ shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department. · A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation Provided that if he has been prevented by such order form enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. · When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. · As per Rule 29(1) the half pay leave account of officer shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.
|
| 2. Whether encashment of leave is allowed after LTC is availed | Sanction of leave encashment should, as a rule be done is advance, at the time of sanctioning the LTC. However, ex-post facto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC |
| 3.Whether encashment of leave with LTC can be availed at the time when the LTC is availed by the Government servant only or can leave be encashed at the time when LTC is availed by family members | A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC himself or when his family avails it, provided other conditions are satisfied. |
| 4.Whether leave encashment should be revised on retrospective revision of pay / D.A. | In terms of 38-A of CCS (leave) Rules, encashment of EL along with LTC is to be calculated on pay admissible on the date of availing LTC + DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, the Govt. Servant would be entitled to encashment of leave on the revised rates. |
| 5.Whether encashment of Earned Leave allowed to a Govt. Servant Prior to his joining the Central Govt. is to be taken into account while retiring ceiling of leave encashment on his superannuation and retirement from Central Govt? | Encashment of EL, allowed by the State Governments, Public Sector Undertakings/ Autonomous Bodies for services rendered in the concerned Govt etc need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS(Leave) Rules |
| 6. Whether leave encashment can be sanctioned to a Govt. Servant on his superannuation while under suspension? | Leave encashment can be sanctioned, however rule 39(3) CCS (Leave) rules 1972 allows with holding of leave encashment in the case of Govt Servant who retires form service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable form him on conclusion of the proceedings against him. On conclusion of the proceedings he/she will become eligible to the amount so withheld after adjustment of Government dues, if any |
| 7.Whether leave encashment can be sanctioned to a Govt. Servant on his dismissal / removal, from service? | A govt servant who is dismissed / removed from service or whose services are terminated ceases to have any claim to leave at his credit from the date of such dismissal as per rule 9(1). Hence he is not entitled to any leave encashment. |
| 8. Whether interest is payable on delayed payment of leave encashment dues? | No, there is no provision in the CCS (Leave) Rules 1972 for payment of interest on leave encashment. |
| 9.Whether a Govt, servant who has been granted study leave may be allowed to resign to take up a post in other Ministries / Department of a central Govt. within the bond period | Yes. As per rule 50(5) (iii) a Govt. Servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would will be serving the Govt/Department he may be allowed to submit his technical resignation to take up another post within the central govt. |
| 10.Whether women employees of public sector undertakings/Bodies etc. Are entitled to CCL? | Orders issued by DOPT are not automatically applicable to the employees of central public sector undertakings/Autonomous Bodies, banking industry etc. It is for the PSUs/Autonomous Bodies to decide the applicability of the rules/instructions issue for the central Government employees to their employees in consultation with their administrative Ministries. |
| 11.Whether Govt. Servant can be permitted to leave station/go abroad while on CCL | Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Govt. Servant has to go abroad for taking care of the child, she may do so subject to other conditions laid down for his purpose |
| 12.What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such? | The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction of combination with EL. The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc, in a year will apply |
Source:www.persmin.nic.in
