| General Principles |
- Leave cannot be claimed as a matter of right. - Rules 7 (1).
- The league sanctioning authority may refuse, or revoke leave of any kind but cannot alter the kind of leave due and applied for. - Rule 7 (2).
- Earned Leave should not ordinarily be denied during the last ten years of service. - GID (2), Rule 7.
- Leave of one kind taken earlier may be converted into leave of a different kind at a later date at the request of the official and at the discretion of the authority who granted the leave. For example, extraordinary leave may be retrospectively converted into leave not due and earned leave into half pay leave or earned leave into MC into commuted leave, as the case may be. The Government servant should apply for such conversion within thirty days of completion of the relevant spell of leave. This, however, cannot be claimed as a matter of right by the official. - Rule 10 (1) and provision.
- Conversion of one kind of leave into leave of a different kind is permissible only when applied for by the official while in service and not after quitting service. - Rule 10, GID.
- Leave sanctioning authority may commute retrospectively periods of absence without leave into extraordinary leave. - Rule 32 (6).
- No leave of any kind can be granted for a continuous. exceeding five years, except with the sanction of the President. Without a valid reason, a government servant who remains absent for continuous period exceeding five years other than foreign service, with or without leave, should be deemed to have resigned from government service. - Rule 12.
- An official on leave should not take up any service or employment elsewhere without obtaining prior sanction of the competent authority. - Rule 13.
- Grant of leave on medical grounds.- Government servant (Gazetted or non-Gazetted) -
- who is a beneficiary and residing within the limits of CGHS at the time of illness should produce medical certificate/fitness certificate from CGHS doctor.
- in respect of Government servant who has opted out of CGHS facilities and availing the medical facilities provided by his/her spouse's employer, the medical certificate for availing the commuted leave issued by the hospitals/medical practitioners approved by that employer is allowed. - GID (4), Rule 19.
- who is not a CGHS beneficiary and CGHS beneficiaries who proceed outside the HQ on duty, leave, etc., should produce the certificate from AMA, and in such case, a non-Gazetted Government servant may produce certificate from RMP, if there is no AMA available within a radius of 8kms from his residence. - Rule 19 (1).
- Where a non-gazetted government servant finds it difficult to obtain MC/FC from CGHS/AMA, the leave sanctioning authority may consider grant of leave on the basis of the certificate from RMP after. taking into account the circumstances of the case.
- In the case of hospitalization/indoor treatment permitted in a private hospital recognized under the CGHS/CS (MA) Rules, a government servant (Gazetted or non-Gazetted) may produce MC/FC from the authorized Doctor in such a hospital in case his hospitalization/indoor treatment is on account of the particular kind of disease (e.g., heart, cancer, etc.) for the treatment of which the concerned Hospital has been recognized. The relaxation is not admissible in case of any day-to-day/outdoor treatment or indoor treatment in respect of any other disease. - Rule 19 (1).
- Leave sanctioning authority may secure second medical opinion, if considered necessary. - Rule 19 (3).
- A Government servant who is on leave on medical certificate will be permitted to return to duty only on production of a medical certificate of fitness from the AMA/CGHS Doctor/Registered Medical Practitioner, as the case may be. - Rule 24 (3) and Rule 19.
- Overstayal of leave without proper sanction, will be debited against the HPL account of the Government servant to the extent of HPL is due and the excess treated as EOL. No leave salary is admissible for the entire period of overstayal and the period of such overstayal will not count for increment, leave and pension. - Rule 25 (1) and Audit Instruction.
- Wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action. - Rule 25 (2).
- Absence without leave not in continuation of any authorized leave will constitute an interruption of service unless it is regularized. - Audit Instruction under 25 (1).
- Permanently incapacitated Government servants not to be invalided.- A Government servant who has been permanently incapacitated from Government service on account of mental or physical disability shall not be invalidated or reduced in rank. If he is not suitable for the present post, he could be shifted to some other post with the same pay scale and service benefits. If not possible to adjust, he may be kept on supernumerary post until a post becomes available or his superannuation, whichever is earlier. No promotion shall be denied. - GID (1), Rule 20 (2).
- Transfer to foreign service.- If a Government servant is transferred to foreign service while on leave, he ceases, from the date of such transfer to be on leave and to draw leave salary.
Leave applied on MC due to disability should not be refused/revoked without
reference to a Medical Authority. The ceiling on maximum leave under Rule 12
will not be applied. Any leave debited after Government servant is
incapacitated shall be remitted back. Family member may submit leave
application/medical certificate, if Government servant is unable to submit
the same.
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The Certificate of Disability is required to be issued in Form 3-A which
should be signed by Government doctor of a Government medical board.
Further, a Government servant who is granted leave in accordance with the
provisions of Clause (b) of sub-rule (1) of Rule 20, the provisions of
Section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016)
shall
suo motu
apply.
- GID (2), Rule 20.
