Government plans to review the Leave Travel Concession (LTC) policy

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA

UNSTARRED QUESTION NO 2100
ANSWERED ON 18.12.2013

REVIEW OF LTC POLICY

2100 . Shri AMARNATH PRADHAN

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Government plans to review the Leave Travel Concession (LTC) policy to check bogus LTC claims, inflated air travel bills and foreign travels by the employees of the Central Government, State Bank of India and other PSUs as reported in the media;

(b) if so, the details thereof;

(c) if not, the manner in which the Government plans to check fictitious claims and streamline the working of private travel agencies; and

(d) the penal action proposed for violation of rules in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (SHRI V. NARAYANASAMY)

(a) to (d): Government of India formulates the policies and schemes keeping in mind the various service requirements of the employees and their welfare. Various Ministries/Departments & other independent agencies of the Government of India are responsible for the proper implementation of these policies. These policies are reviewed from time to time and also amended when situation demands.

In case of Leave Travel concession having any fraudulent activities coming to the notice of designated body/agencies, the irregularities are looked into in terms of Rule 16 of the CCS (LTC) Rules, 1988 and disciplinary proceedings are initiated against the Government servant on the charge of preferring a fraudulent claim which may result in imposition of any of the penalties specified in Rule 11 of CCS (Classification, Control and Appeal) Rules, 1965. During the pendency of disciplinary proceedings, the Government servant shall not be allowed the next two or more sets of LTC in addition to the sets already withheld.

Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorisation/grant of leave — Rule position.

No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)

New Delhi, the 28th March, 2013.

OFFICE MEMORANDUM

Subject:- Consolidated instructions relating to action warranted against Government servants remaining away from duty without - authorization/grant of leave — Rule position

   The undersigned is directed to say that various references are being received from Ministries/Departments seeking advice/post facto regularization of unauthorized absence. It has been observed that due seriousness is not being accorded by the administrative authorities to the various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for taking immediate and appropriate action against Government servants staying away from duty without prior sanction of leave or overstaying the periods of sanctioned leave. It is reiterated that such absence is unauthorized and warrants prompt and stringent action as per rules. It has been observed that concerned administrative authorities do not follow the prescribed procedure for dealing with such unauthorized absence.

   2. In view of this, attention of all Ministries/Departments is invited to the various provisions of the relevant rules, as indicated in the following paragraphs for strict adherence in situations of unauthorized absence of Government servants. It is also suggested that these provisions may be brought to the notice of all the employees so as to highlight the consequences which may visit if a Government servant is on unauthorized absence. The present OM intends to provide ready reference points in respect of the relevant provisions, hence it is advised that the relevant rules, as are being cited below, are referred to by the competent authorities for appropriate and judicious application. The relevant provisions which may be kept in mind while considering such cases are indicated as follows:

(a) Proviso to FR 17(1)

   The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

(b) FR 17-A

   The said provision inter alia provides that where an individual employee remains absent unauthorisedly or deserts the post, the period of such absence shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession and eligibility for appearing in departmental examinations, for which a minimum period of service is required.

(c) Rule 25 of the CCS Leave Rules 1972

   The said provision addresses the situation where an employee overstays beyond the sanctioned leave of the kind due and admissible, and the competent authority has not approved such extension. The consequences that flow from such refusal of extension of leave include that:

   i. The Government servant shall not be entitled to any leave salary for such absence;

   ii. The period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.

   iii. Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.

   With respect to (iii) above, it may be stated that all Ministries/ Departments are requested to ensure that in all cases of unauthorised absence by a Government servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/ within a specified period, say within three days, failing which he would be liable for disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a Government servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed under the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case should be conducted and concluded as quickly as possible.

(d) Rule 32 (6) of the CCS (Leave) Rules, 1972
 
   This provision allows the authority competent to grant leave, to commute retrospectively periods of absence without leave into extraordinary leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be ensured that discretion allowed under these provisions is exercised judiciously, keeping in view the circumstances and merits of each individual case. The period of absence so regularised by grant of extra ordinary shall normally not count for the purpose of increments and for the said purpose it shall be regulated by provisions of FR 26(b) (ii).

   3. All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.
 
   4. Hindi version will follow.

Sd/-
[Mukesh Chaturvedi]
Deputy Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/13026_3_2012-Estt-Leave.pdf

DOPT ORDER 2013: Leave Encashment with LTC.

No. 21011/08 / 2013-Estt(AL)
Government of India/Bharat Sarkar
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Establishment (Leave) Section

Leave Encashment with LTC

Sl. No.	Frequently asked Questions	Answer
1.	Whether encashment of leave is allowed after LTC is availed?	Sanction of leave encashment should, as a practice, be done in advance, at the time of sanctioning the LTC. However, ex-postfacto 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.
2.	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?	Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or when his family avails it provided other conditions are satisfied.
3.	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 alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.
4.	Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?	The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006[OM No. 12012/3/2009- Estt.(L) dated 28-12-2012]

Encashment of Earned Leave on joining Central Government from PSUs & vice versa

Sl. No.	Frequently asked Questions	Answer
1.	Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating 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 therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.
2.	Whether Leave encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?	Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period.
3.	Whether cash equivalent of leave salary in case of permanent absorption in PSU/Autonomous Body is permissible?	A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012 )

Leave Encashment on Suspension/Dismissal/Removal

Sl. No.	Frequently asked Questions	Answer
1.	Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension?	Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from 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 from 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.
2.	Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from service?	A government servant, who is dismissed/removed from service, 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.

Interest on Leave Encashment

Sl. No.	Frequently asked Questions	Answer
1.	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.

Study Leave

Sl. No.	Frequently asked Questions	Answer
1.	What is the maximum amount of study leave which can be availed?	The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}.
2.	Whether study leave can be clubbed with other leave?	Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)
3.	What is the validity period of bond to be executed by the Government servant while proceeding on study leave?	Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).
4.	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 the Central Govt. within the bond period?	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 still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

Paternity Leave for Child Adoption/Child Adoption Leave

Sl. No.	Frequently asked Questions	Answer
1.	How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave	As per notes below rules 43AA and 43B "Child" for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child'.

Child Care Leave

Sl. No.	Frequently asked Questions	Answer
1.	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, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.
2.	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 Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.
3.	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 on 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., will apply. {Rule 43-C}
4.	Whether child care leave has been extended to female industrial employees?	Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012 }

Commuted Leave

Sl. No.	Frequently asked Questions	Answer
1.	Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?	Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

Sd/-
(S. G. Mulchandaney)
Under Secretary

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf

PAYMENT OF LEAVE ENCASHMENT AS LTC ADVANCE

No.12647/LTC/Mov C/ 25 /D(Mov)/2013
Government of India
Ministry of Defence
New Delhi, the 25th Feb, 2013

To
The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject : PAYMENT OF LEAVE ENCASHMENT AS LTC ADVANCE

Sir,
   1. I am directed to refer to GOI, MoD letter No.12647/Q Mov C/2610/D(Mov)/98 dated 11 Sep 98 as amended vide corrigendum No.B/33931/AG/PS-2(b)/3343/D(Mov)/99 dated 10 Dec 99 and GOI, MoD letter No.12647/LTC/Mov C/2970/D(Mov)/08 dated 17 Dec 2008 which authorise encashment of annual leave up to 10 days along with LTC to the extent of total 60 days in a career span to cover incidental expenses incurred on travel by service personnel.

   2. Since the Govt. orders do not specify the time frame to be maintained while disbursing advance payment of leave encashment with LTC, a clarification was sought by CGDA from DoPT.

   3. Now, DoPT vide their OM No.14028/2/2012-Estt-Estt.(L) dated 26 Jun 12 (copy enclosed) have clarified that the benefit of leave encashment on LTC may be allowed 60 days before proposed date of outward journey.

   4, In view of the above clarification by DoPT, sanction of competent authority is hereby accorded for extension of DoPT instructions dated 26 Jun 12 as in para 1 above for all service pers also.

   5. This issues with concurrence of Ministry of Defence (Finance/QA) vide their ID No. 9(2)/98/76/QA dated 11 Feb 2013.

Yours faithfully,

Sd/-
(Deepak Narang)
Under Secretary to the Govt of India

Source:http://cgda.nic.in/adm/levEncLTC190313.pdf