No. 13026 / 1 / 2010 - Estt. ( Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
Office Memorandum
Sub: Rate of calculating entitlement to Earned Leave (E.L) and Half Pay Leave (HPL).
The undersigned is directed to say that matter regarding entitlement of a Government servant, who dies while in service, to Earned Leave under Rule 27(2)(b) and Half Pay Leave Rule 29 (2) (c) of the CCS (Leave) Rules 1977 has been under consideration of this Department.
2. At present rule 27 (2) (b) says 'when a Government servant is removed or dismissed from service or dies while in service, credit is allowed at the rate of 2½ days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.'
Similarly Rule 29 (c) says 'When a Government servant is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5 / 3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.'
3. These rules adversely affect cases where the death of a serving Government Servant occurs on the last day of the month as the day of death is treated as his last working day. Clause (b) of sub rule (2) of rule 27 and clause (c) of sub-rule (2) of rule 29 of the CCS Leave Rules is modified as under :-
Rule 27 (2) (b) 'When a Government servant is removed or dismissed from service, credit is allowed at the rate of 2 ½ days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies, while in service, credit of Earned Leave shall be allowed at the rate of 2 ½ days per completed month of service up to the date of death of the Government Servant.'
Rule 29 (2) (c) 'When a Government servant is removed or dismissed from service, credit of Half Pay Leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service. When a Government Servant dies while in service, credit of Half Pay Leave shall be allowed at the rate of 5/3 days per completed month of service up to the date of death of the Government Servant.'
4. These orders take effect from the date of issue.
5. So far as persons serving in the Indian Audit & Accounts
Departments are concerned, these orders are being issued after consultation with the C&AG of India.
6. Hindi version will follow.
Sd/-
(Zoya C. B.)
Under Secretary to the Government of India
To
All Ministries/Departments of the Govt. of India (As per list)
F.No.13026 /1/2010-Estt.( L) New Delhi
Copy also forwarded to:
2. Office of the Comptroller & Auditor General of India
3. Office of the Controller General of Accounts. Ministry of Finance.
4. Secretaries to Union Public Service Commission Supreme Court of India / Election Commission Lok Sabha Sectt./ Rajya Sabha Sectt./ Cabinet Sectt./ Central Vigilance Commission /President's Sectt./ Vice-President's; Sectt./ Prime Minister's Office / Planning Commission.
5 All State Governments and Union Territories
6 Governors of all Stales / Lt Governors of all Union Territories
7. Secretary, National Council of JCM (Staff Side), 3-C, Feroz Shah Road, New Delhi
8. All Members of Staff Side of the National Council of JCM / Departmental Council.
9. All Officers/Sections of DOPT / Deptt. of Administrative Reforms & Public Grievances / Department of Pensions & Pensioners Welfare / PESB
10. Ministry of Finance, Department of Expenditure
11. Railway Board, New Delhi
12. NIC, DOP / Director E-1
13 50 spare copies.
Sd/-
(Zoya C. B.)
Under Secretary to the Government of India
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