CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 (UPDATED AS ON 19.09.2022)
TABLE OF CONTENT
- SHORT TITLE AND COMMENCEMENT.
- EXTENT OF APPLICATION.
- GOVERNMENT SERVANTS ON TEMPORARY TRANSFER OR ON FOREIGN SERVICE.
- TRANSFER FROM SERVICES OR POSTS GOVERNED BY OTHER LEAVE RULES.
- TRANSFER TO INDUSTRIAL ESTABLISHMENT. RIGHT TO LEAVE.
- REGULATION OF CLAIM TO LEAVE.
- EFFECT OF DISMISSAL, REMOVAL OR RESIGNATION ON LEAVE AT CREDIT.
- COMMUTATION OF ONE KIND OF LEAVE INTO ANOTHER.
- COMBINATION OF DIFFERENT KINDS OF LEAVE.
- MAXIMUM AMOUNT OF CONTINUOUS LEAVE
- ACCEPTANCE OF SERVICE OR EMPLOYMENT WHILE ON LEAVE.
- APPLICATION FOR LEAVE.
- LEAVE ACCOUNT.
- VERIFICATION OF TITLE TO LEAVE.
- LEAVE NOT TO BE GRANTED IN CERTAIN CIRCUMSTANCES.
- GRANT OF LEAVE ON MEDICAL CERTIFICATE TO GAZETTED AND NON- GAZETTED GOVERNMENT SERVANTS.
- LEAVE TO A GOVERNMENT SERVANT WHO IS UNLIKELY TO BE FIT TO RETURNTO DUTY.
- COMMENCEMENT AND TERMINATION OF LEAVE.
- COMBINATION OF HOLIDAYS WITH LEAVE.
- RECALL TO DUTY BEFORE EXPIRY OF LEAVE.
- RETURN FROM LEAVE.
- ABSENCE AFTER EXPIRY OF LEAVE.
- EARNED LEAVE FOR GOVERNMENT SERVANTS SERVING IN DEPARTMENTS OTHER THAN VACATION DEPARTMENTS.
- CALCULATION OF EARNED LEAVE.
- EARNED LEAVE FOR PERSONS SERVING IN VACATION DEPARTMENTS.
- HALF PAY LEAVE.
- COMMUTED LEAVE LEAVE NOT DUE EXTRAORDINARY LEAVE
- LEAVE TO PROBATIONER, A PERSON ON PROBATION AND AN APPRENTICE.
- PERSONS RE-EMPLOYED AFTER RETIREMENT.
- LEAVE PREPARATORY TO RETIREMENT.
- ENCASHMENT OF EARNED LEAVE ALONG WITH LEAVE TRAVEL CONCESSION WHILE IN SERVICE.
- LEAVE/CASH PAYMENT IN LIEU OF LEAVE BEYOND THE DATE OFRETIREMENT, COMPULSORY RETIREMENT OR QUITTING OF SERVICE.
- CASH EQUIVALENT OF LEAVE SALARY IN CASE OF DEATH IN SERVICE.
- CASH EQUIVALENT OF LEAVE SALARY IN CASE OF INVALIDATION FROM SERVICE.
- PAYMENT OF CASH EQUIVALENT OF LEAVE SALARY IN CASE OF DEATH, ETC., OF GOVERNMENT SERVANT.
- CASH EQUIVALENT OF LEAVE SALARY IN CASE OF PERMANENT ABSORPTION IN PUBLIC SECTOR
UNDERTAKING / AUTONOMOUS BODY WHOLLY OR SUBSTANTIALLY OWNED OR CONTROLLED BY THE CENTRAL/STATE GOVERNMENT.
- LEAVE SALARY.
- DRAWAL OF LEAVE SALARY.
- ADVANCE OF LEAVE SALARY.
- MATERNITY LEAVE PATERNITY LEAVE
- PATERNITY LEAVE FOR CHILD ADOPTION
- CHILD ADOPTION LEAVE CHILD CARE LEAVE
- WORK RELATED ILLNESS AND INJURY LEAVE
- SEAMEN’S SICK LEAVE
- SPECIAL LEAVE CONNECTED TO INQUIRY OF SEXUAL HARASSMENT.
- DEPARTMENTAL LEAVE
- CONDITIONS FOR GRANT OF STUDY LEAVE
- MAXIMUM AMOUNT OF STUDY LEAVE
- APPLICATIONS FOR STUDY LEAVE
- SANCTION OF STUDY LEAVE
- ACCOUNTING OF STUDY LEAVE AND COMBINATION WITH LEAVE OF OTHER KINDS
- REGULAR OF STUDY LEAVE EXTENDING BEYOND COURSE OF STUDY.
- LEAVE SALARY DURING STUDY LEAVE
- ADMISSIBILITY OF ALLOWANCES IN ADDITION TO STUDY ALLOWANCE.
- TRAVELLING ALLOWANCE DURING STUDY LEAVE.
- COST OF FEES FOR STUDY.
- RESIGNATION OR RETIREMENT AFTER STUDY LEAVE OR NON-COMPLETION OF THE COURSE OF STUDY.
- INTERPRETATION POWER TO RELAX REPEAL AND SAVING
- MATERNITY LEAVE PATERNITY LEAVE
- PATERNITY LEAVE FOR CHILD ADOPTION
- SCHEDULE AND FORMS
CENTRAL CIVIL SERVICES
CHAPTER I- Preliminary
1. Short title and commencement
(1) These rules may be called the Central Civil Services (Leave) Rules, 1972.
(2) They shall come into force on the 1st day of June, 1972.
2. Extent of application
Save as otherwise provided in these rules, these rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the Union, but shall not apply to-
(a) Railway servants;
(b) persons in casual or daily-rated or part-time employment;
(c) persons paid from contingencies;
(d) workmen employed in industrial establishments;
(e) persons employed in work-charged establishments;
(f) members of the All India Services;
(g) persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries;
(h) persons employed on contract except when the contract provides otherwise;
(i) persons in respect of whom special provisions have been made by or under the provisions of the Constitution or any other law for the time being in force;
(j) persons governed, for purposes of leave, by the Fundamental Rules or the Civil Service Regulations;
(k) persons serving under a Central Government Department, on deputation from a State Government or any other source, for a limited duration.
(I) In these rules, unless the context otherwise requires-
(a) “Administrator” means an Administrator of a Union Territory;
(b) “Audit Officer” means the Accounts and Audit Officer, whatever his official designation, in whose circle the office of the Government servant is situated;
(c) “Authority competent to grant leave” means the authority specified in Column (3) of the First Schedule to these rules, competent to grant the kind of leave specified in the corresponding entries in Column (2) of the said Schedule;
(d) “Completed years of service” or “one year’s continuous service” means continuous service of specified duration under the Central Government and includes the period spent on duty as well as on leave including extraordinary leave;
(e) “Date of retirement” or “date of his retirement” in relation to a Government servant, means the afternoon of the last day of the month in which the Government servant attains the age prescribed for retirement under the terms and conditions governing his services.
(MOF Notification No. 5(7)-E.IV(A)/75 dated 02.12.1975)
(f) “Department of the Central Government” means a Ministry or a Department of the Central Government as notified from time to time and includes the Planning Commission, the Department of Parliamentary Affairs, the President’s Secretariat, the Vice-President’s Secretariat, the Cabinet Secretariat and the Prime Minister’s Secretariat;
(fa) “disability” means “specified disability”, “benchmark disability” and “disability having high support needs” as referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016).
(DOPT Notification No. No. 18017/l/2014-Estt. (L), dated 03.04.2018)
(g) “Foreign service” means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any State [or the Consolidated Fund of a Union Territory];
(h) “Form” means a Form appended to the Second Schedule to these rules;
(i) Government servant in quasi-permanent employ” means-
(A) an officer who, having been declared by the Union Public Service Commission to be eligible for appointment to the ministerial Services of the Government of India, has been appointed to a temporary or officiating vacancy on the understanding given to him in writing before he took up the appointment, that that vacancy is expected to become permanent but is not confirmed after completion of three years continuous service;
(B) an officer who may be declared as quasi-permanent under the Central Civil Services (Temporary Services) Rules, 1965.
(j) “Government servant in permanent employ” means an officer who holds substantively or provisionally substantively a permanent post or who holds a lien on a permanent post or who would have held a lien on permanent post had the lien not been suspended;
(k) “Head of Mission” means Ambassador, Charge d’ Affaires, Minister, Consul-General, High Commissioner or any other authority declared as such by the Central Government, in the country in which the Government servant undergoes a course of study or training;
(1) “Military Officer” means an officer of the Armed Forces who is-
(i) a Commissioned Officer of the Army, the Navy or the Air Force, or
(ii) (a) a Junior Commissioned Officer (including an honorary commissioned officer), or an “other rank’ of the Army, or
(b) a Branch List Officer or rating of the Navy, or
(c) an airman including a Master Warrant Officer of the Air Force;
(m) “Vacation Department” means a department or part of a department, to which regular vacations are allowed, during which Government servants serving in the department are permitted to be absent from duty.
(2) Words and expressions used herein and not defined but defined in the Fundamental Rules and Supplementary Rules shall have the meanings respectively assigned to them in the Fundamental Rules and Supplementary Rules.
4. Government servants on temporary transfer or on foreign service
(1) Government servants to whom these rules apply shall continue to be governed by these rules while on temporary transfer to the Indian Railways or to a State Government or while on foreign service within India.
(2) In the case of Government servants on foreign service outside India (including service with UN agencies within or outside India) or on temporary transfer to the Armed Forces of the Union, these rules shall apply only to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case may be.
5. Transfer from services or posts governed by other leave rules
Unless it be otherwise provided in these rules, a permanent Government servant to whom these rules do not apply –
(a) when transferred temporarily to a service or post to which these rules apply, shall remain subject to the leave rules which were applicable to him before such transfer; and
Provided that where a Military Officer not in permanent civil employ has elected to draw civil rates of pay, his leave shall be regulated as per the provisions under these rules:
Provided further that in the event of his release/discharge from the Armed Forces, he shall carry forward the annual leave due to him with effect from the date of such release/discharge. (DOPT Notification No. 11012/1/85-Estt.(L) dated 23.06.1987)
(b) when appointed substantively to a permanent post to which these rules apply, shall become subject to these rules from the date of such appointment, in which case the leave at his credit under the rules previously applicable to him shall be carried forward subject to the maximum limits of accumulation as laid down in Rule 26. The leave so carried forward shall first be exhausted before the leave earned under these rules is availed of. The leave salary in respect of the leave carried forward shall be borne by the (Department or the Government from which the Government servant proceeds on leave):
(DOPT Notification No. 14028/4/91-Estt.(L) dated 18.09.95)
Provided that in the case of Military Officer, half pay leave equal to the number of days of furlough shall also be carried forward in addition to the earned leave equal to the number of days of annual leave on the date he is so appointed, it would be permissible to grant him under the leave rules of the Armed Forces.
(DOPT Notification No. 11012/1/85-Estt.(L) dated 23.06.1987)
6. Transfer to industrial establishment
If a Government servant governed by these rules is appointed in an industrial establishment wherein his leave terms are governed by the Factories Act, 1948 (63 of 1948), the authority competent to grant leave shall, suo motu, issue an order granting cash equivalent of leave salary in respect of earned leave and half pay leave at his credit subject to a maximum of 300 days and the cash so granted shall be a sum equal to the leave salary as admissible for earned leave and leave salary as admissible for half pay leave plus dearness allowance admissible on that leave salary at the rate in force on the date the Government servant ceases to be governed by the provisions of the said rules: —
Provided that in the event of his return to a post or service to which the Central Civil Services (Leave) Rules, 1972 apply, the benefit of cash equivalent of leave salary payable under Rule 39 shall be modified as under —
(a) On superannuation.— encashment of leave shall be subject to the condition that the number of days of both earned leave and half pay leave for which encashment has already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on superannuation does not exceed 300 days;
(b) On premature retirement.— cash equivalent of unutilized earned leave and half pay leave should be subject to the condition that the number of days of earned leave and half pay leave for which encashment had already been allowed under this rule and the number of days of earned leave and half pay leave to be encashed on premature retirement shall not exceed 300 days.
(DOPT Notification No. 11012/1/2009-Estt.(L) dated 01.12.2009)
CHAPTER II- General Conditions
7. Right to leave
(1) Leave cannot be claimed as of right.
(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.
Provided that leave applied under Rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding.
[DOPT Notification No. No. 18017/1/2014-Estt. (L), dated 03.04.2018]
8. Regulation of claim to leave
A Government servant’s claim to leave is regulated by the rules in force at the time the leave is applied for and granted.
9. Effect of dismissal, removal or resignation on leave at credit
(1) Except as provided in Rule 39 and this rule, any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.
(2) Where a Government servant applies for another post under the Government of India but outside his parent office or department and if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit.
(3) A Government servant, who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal or removal, as the case may be.
(4) A Government servant, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to count his past service for pension, shall be entitled to count his former service towards leave.
10. Commutation of one kind of leave into another
(1) At the request of a Government servant, the authority which granted him leave may commute it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but the Government servant cannot claim such commutation as a matter of right.
Provided that no such request shall be considered unless received by such authority, or any other authority designated in this behalf, within a period of 30 days of the concerned Government servant joining his duty on the expiry of the relevant spell of leave availed of by him.
[DOPT Notification No. 140 15/2/97-Estt. (L), dated31.12.1997]
(2) The commutation of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the Government servant, that is to say, any amount paid to him in excess shall be recovered or any arrears due to him shall be paid.
NOTE.- Extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due subject to the provisions of Rule 31.
11. Combination of different kinds of leave
Except as otherwise provided in these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.
EXPLANATION.- Casual leave which is not recognized as leave under these rules shall not be combined with any other kind of leave admissible under these rules.
12. Maximum amount of continuous leave
(DOPT Notification No. No. 13026/2/20 10- Estt. (L), dated 29.03.2012)
(1) No Government servant shall be granted leave of any kind for a continuous period exceeding five years
(2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines, a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service:
Provided that a reasonable opportunity to explain the reasons for such absence shall be given to that Government servant before provisions of sub-rule (2) are invoked.
Provided that this rule shall not apply to a case where leave is applied on medical certificate, in connection with a disability.
(DOPT Notification No. 18017/1/2014-Estt. (L), dated 03.04.2018)
13. Acceptance of service or employment while on leave
(1) A Government servant (other than a Government servant who has been permitted a limited amount of private practice or who has been permitted to undertake casual literary work or service as an examiner or similar employment) while on leave, including leave preparatory to retirement shall not take up any service or employment elsewhere, including the setting up of a private professional practice as accountant, consultant or legal or medical practitioner, without obtaining the previous sanction of –
(a) the President, if the proposed services or employment lies elsewhere than in India; or
(b) the authority empowered to appoint him, if the proposed service or employment lies in India.
(2) (a) No Government servant while on leave, other than leave preparatory to retirement shall ordinarily be permitted to take up any other service or employment.
(b) If grant of such permission is considered desirable in any exceptional case, the Government servant may have his services transferred temporarily from his parent office to the office in which he is permitted to take up service or employment or may be required to resign his appointment before taking up any other service or employment.
(c) A Government servant while on leave preparatory to retirement shall not be permitted to take up private employment. He may, however, be permitted to take up employment with a Public Sector Undertaking or a body referred to in Clause (a) of sub-rule (2) of Rule 38 and in that event also leave salary payable for leave preparatory to retirement shall be the same as admissible under Rule 40.
(3) (a) In case a Government servant who has proceeded on leave preparatory to
retirement is required, before the date of retirement for employment during such leave in any post under the Central Government in or outside India and is agreeable to return to duty, the unexpired portion of the leave from the date of rejoining shall be cancelled.
(b) The leave so cancelled under Clause (a) shall be allowed to be encashed in the manner provided in sub-rule (2) of Rule 39.
(MOF Notification No. P-11012/1/77-E-IV(A) dated 21.11.1979)
(DOPT Notification No. 14028/9/80-Estt.(L) dated 01.10.1981)
CHAPTER III- Grant of and return from leave
14. Application for leave
Any application for leave or for extension of leave shall be made in Form 1 to the authority competent to grant leave.
Provided that where a Government servant is unable to submit an application or medical certificate on account of a disability, such application or medical certificate may be signed and submitted by.
(a) the spouse of the Government servant; or
(b) the parents in case of an unmarried Government servant; or
(c) the child including adopted child or brother or sister of the Government servant, who has attained the age of majority; or
(d) any person who has been assigned limited guardianship of the Government servant in terms of Section 14 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), and the same shall be deemed to have been made and submitted by the Government servant himself.
(DOPT Notification No. 18017/1/2014-Estt. (L), dated03.04.2018)
15. Leave account
Except as provided in the Note below, a leave account shall be maintained in Form 2 for each Government servant by the Audit Officer in the case of Gazetted Government servants and by the Head of Office or an officer authorized by him in the case of non-Gazetted Government servants.
NOTE.- In the case of Gazetted Government servants whose pay and allowances are drawn and disbursed by the Head of Office, the leave account shall be maintained by that Head of Office.
(MOF Notification No. 4(7)-E.IV(A)/72 dated 30.04.1973)
16. Verification of title to leave
(1) No leave shall be granted to a Government servant until a report regarding its admissibility has been obtained from the authority maintaining the leave account.
NOTE.- The order sanctioning leave shall indicate the balance of earned leave/half pay leave at the credit of the Government servant.
(GSR No. 1422, F.No. 11012/1/77-E.IV(A) dated 21.11.1979
(2) (a) Where there is reason to believe that the obtaining of admissibility report
will be unduly delayed, the authority competent to grant leave may calculate, on the basis of available information, the amount of leave admissible to the Government servant and issue provisional sanction of leave for a period not exceeding sixty days.
(b) The grant of leave under this sub-rule shall be subject to verification by the authority maintaining the leave account and a modified sanction for the period of leave may be issued, where necessary.
(c) In the case of Gazetted Government servants, the Audit Officer may, at the request of the authority competent to grant leave, issue a provisional leave salary slip for a period not exceeding sixty days.
NOTE.- In the case of leave preparatory to retirement or where cash payment in lieu of leave at credit is granted under Rule 39, an undertaking for recovery of the leave salary, if any, paid in excess, shall be taken from the Government servant.
(DOPT Notification No. 14028/9/80-Estt.(L) dated 01.10.1981)
17. Leave not to be granted in certain circumstances
Leave shall not be granted to a Government servant whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from Government service.
19. Grant of leave on medical certificate to Gazetted and non- Gazetted Government servants
(1) An application for leave on medical certificate made by —
(DOPT Notification No. 13026/1/2002-Estt. (L), dated15/16.01.2004)
(i) a Gazetted Government servant, shall be accompanied by a Medical Certificate in Form 3 given by a doctor in a Central Government Health Scheme Dispensary if such a Government servant is a Central Government Health Scheme beneficiary or by a Government Hospital or by an Authorized Medical Attendant if he is not a Central Government Health Scheme beneficiary and by an Authorized Doctor of the private hospital recognized under Central Government Health Scheme or Central Services (Medical Attendance) Rules, 1944, in case of hospitalization or indoor specialized treatment in respect of any particular kind of disease like heart disease, cancer, etc., for the treatment Of which the concerned hospital has been recognized by the Ministry of Health and Family Welfare:
Provided that the Gazetted Government servant who is a Central Government Health Scheme beneficiary, if at the time of illness, is away from Central Government Health Scheme area or proceeds on duty outside the Headquarters will produce Medical Certificate or Fitness Certificate in Form 3 and Form 5, as the case may be, given by an Authorized Medical Attendant;
(ii) a non-Gazetted Government servant, shall be accompanied by a Medical Certificate in Form 4 given by a Central Government Health Scheme Dispensary if such a Government servant is a Central Government Health Scheme beneficiary or by Government Hospital or by an Authorized Medical Attendant if he is not a Central Government Health Scheme beneficiary; and by an Authorized Doctor of the private hospital, recognized under Central Government Health Scheme or Central Services (Medical Attendance) Rules, 1944, in case of hospitalization or indoor specialized treatment duly approved by the Competent Authority in respect of particular kind of disease like heart disease, cancer, etc., for the treatment of which the concerned hospital has been recognized by the Ministry of Health and Family Welfare:
Provided that the non-Gazetted Government servant who is a CGHS beneficiary, if at the time of illness is away from Central Government Health Scheme area or proceeds on duty outside the Headquarters will produce Medical Certificate or Fitness Certificate in Form 4 or Form 5, as the case may be, given by an Authorized Medical Attendant or by Registered Medical Practitioner if there is no Authorized Medical Attendant available within a radius of eight kilometers from his residence or place of temporary stay outside his Headquarters and also in the circumstances when he finds it difficult to obtain Medical Certificate or Fitness Certificate from a Doctor in a Central Government Health Scheme Dispensary or an Authorized Medical Attendant; defining clearly the nature and probable duration of illness.
NOTE.— In the case of non-Gazetted Government servant, a certificate given by a registered Ayurvedic, Unani or Homoeopathic medical practitioner or by a registered Dentist in the case of dental ailments or by an honorary Medical Officer may also be accepted, provided such certificate is accepted for the same purpose in respect of its own employees by the Government of the State in which the Central Government servant falls ill or to which he proceeds for treatment.
(DOPT Notification No. 13015/11/82-Estt. (L), dated 25.05.1984)
(2) In case of a Government servant who has acquired disability, the Medical Authority shall certify, in Form 3-A, —
(DOPT Notification No. 18017/1/2014-Estt. (L), dated 03.04.2018)
(a) the nature and extent of the disability;
(b) the date from which such disability has occurred or manifested, to the extent it may be medically possible to indicate the same;
(c) whether there are reasonable prospects for the Government servant to be fit to resume duties, and if not, categorically state that such Government servant is completely and permanently incapacitated for further service.
(2-A) For the purposes of these rules, a doctor in Central Government Health Scheme or a Government Hospital, or a specialist in Government Hospital in cases requiring specialized treatment, or a Medical Board in a Government Hospital in the case of multiple disabilities shall, in addition to the authority certifying specified disability under the provisions contained in Chapter X of the Rights of Persons with Disabilities Act, 2016 (49 of 2016), be the Medical Authorities competent to issue certificate of disability in Form 3-A.
(2-B) Notwithstanding anything in these rules, no reference from the Head of Office or any other authority may be required for issue of medical certificate of disability.
(3) The authority competent to grant leave may, at its discretion, secure a second medical opinion by requesting a Government Medical Officer not below the rank of a Civil Surgeon or Staff Surgeon, to have the applicant medically examined on the earliest possible date.
(4) It shall be the duty of the Government Medical Officer referred to in sub¬rule (3) to express an opinion both as regards the facts of the illness and as regards the necessity for the amount of leave recommended and for that purpose may either require the applicant to appear before himself or before a Medical Officer nominated by himself.
(5) The grant of medical certificate under this rule does not in itself confer upon the Government servant concerned any right to leave; the medical certificate shall be forwarded to the authority competent to grant leave and orders of that authority awaited.
(6) The authority competent to grant leave may, in its discretion, waive the production of a medical certificate in case of an application for leave for a period not exceeding three days at a time. Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than leave on medical grounds.
20. Leave to a Government servant who is unlikely to be fit to return to duty
(1)(a) When a Medical Authority has reported that there is no reasonable prospect that the Government servant will even be fit to return to duty, leave shall not necessarily be refused to such Government servant.
(b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions: —.
(1) if the Medical Authority is unable to say with certainty that the Government servant, who has acquired a disability, will never again be fit for service, leave not exceeding twelve months at a time may be granted and such leave shall not be extended without further reference to a Medical Authority;
(ii) if a Government servant is declared by the Medical Authority, as specified in Rule 19, as to have acquired such disability which may prevent him from discharging further service, leave or an extension of leave may be granted to him after the certificate of the Medical Authority has been received in Form 3-A:
Provided that any leave debited for the period(s) granted under sub-clause (i) of Clause (b), after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant:
Provided further that any leave granted to regulate the period of absence under sub-clause (ii) of Clause (b), after receipt of the certificate of the Medical Authority, shall not be debited to the leave account of the Government servant.
(2) In the case of a Government servant who is granted leave in accordance with the provisions of Clause (b) of sub-rule (1), the provisions of Section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) shall, suo motu, apply.
(DOPT Notification No. 18017/1/2014-Estt (L), dated 03.04.2018)
21. Commencement and termination of leave
Except as provided in Rule 22, leave ordinarily begins on the day on which the transfer of charge is effected and ends on the day preceding that on which the charge is resumed.
22. Combination of holidays with leave
(1)(i) When the day, immediately preceding the day on which a Government servant’s leave (other than leave on medical certificate) begins or immediately following the day on which his leave expires, is a holiday or one of series of holidays, the Government servant shall be deemed to have been permitted (except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave specifically withheld) to leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays, provided that-
(a) his transfer or assumption of charge does not involve the handling or taking over of securities or moneys other than a permanent advance;
(b) his early departure does not entail a correspondingly early transfer from another station of a Government servant to perform his duties; and
(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.
(ii) In the case of leave on medical certificate-
(GSR No. 1422, F.No. 11012/1/77-E.IV(A) dated 21.11.1979)
(a) When a Government servant is certified medically unwell to attend office, holiday(s), if any, immediately preceding the day he is so certified shall be allowed automatically to be prefixed to leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding the day he is so certified shall be treated as part of the leave; and
(b) When a Government servant is certified medically fit for joining duty, holiday(s) if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding the day he is so certified shall be treated as part of the leave.
(DOPT Notification no. 11012/2/80-Estt.(L) dated 24.08.1981)
(2) On condition that the departing Government servant remains responsible for the moneys in this charge, the Head of Department may, in any particular case, waive the application of Clause (a) of the proviso to sub-rule (1).
(3) Unless the authority competent to grant leave in any case otherwise directs –
(a) if holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances take effect from the day after the holidays; and
(b) if holidays are suffixed to leave, the leave is treated as having terminated and any consequent rearrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been suffixed.
NOTE.- A compensatory leave granted in lieu of duty performed by a Government servant on Sunday or a holiday for a full day may be treated as a holiday for the above purpose.