Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL) - Reg.

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.

Grant of Child Care Leave to Civilian Female Industrial Employees of Defence Establishments.

   Based on the recommendation of the VI CPC, Govt. of India accepted and introduced Child Care Leave for Women Central Government Employees vide OM. No.13018/2/2008-Estt(L) dt.11-09-2008.According to this order, the women employees could avail the CCL only after exhausting the Earned Leave if any in their credit. After receiving various representations from Govt Servants/ Federations/Associations, Govt of India reviewed its earlier decision and issued a clarification. According to which, all the establishment has been directed that Earned Leave, if any availed by women employees before availing CCL subsequent to the issue of the OM.13018/2/2008-Esst(L) dt.18-11-2008 may be adjusted against CCL if so requested by the employees.

   The Civilian Female Industrial Employees of Defence Establishment covered by the CCS (leave) Rules 1972 were denied this benefit of CCL, though they are at par with the Non-Industrial Women Central Government Employees Covered by the CCS(Leave) Rules 1972.

   All the Defence Employees Federations taken up the matter to Ministry Level and demanded to grant the CCL to Industrial Women Central Government Employees. Then the matter was subsequently considered and the benefit of Child Care Leave to Civilian Industrial Employees working in Defence Establishments at par with the Non-Industrial Govt Employees covered by CCS (Leave) Rules,1972 has been extended vide Department of Personnel & Training Letter No.12012/2/2009 Estt(L) Dt.20th October 2011. But the order was given effect only from the date of issue of this order i.e. w.e.f. 20-10-2011.Due to which the EL availed by Women Industrial Employees working in Defence Establishments during the period of September 2008 to October 2011 can not be adjusted against CCL. After receiving many representations from women employees, the Federations approached the higher authority to consider this and to issue necessary clarificatory orders to give retrospective effect subsequent to the issue of the OM.13018/2/2008-Esst(L) dt.18-11-2008.Especially the INDWF Federation has represented this issue to the Secretary,DOP&T to review this order. Through its letter, posted in INDWF blog, explained that many Women Industrial Employees working in Defence Establishments during the absence of the benefit of CCL, availed Earned Leave between September 2008 and October 2011 are not been allowed to adjust against CCL and were deprived of the benefit, since the extended benefit was given only w.e.f. 20-10-2011.