Rule 12 - Deemed Resignation
Original Rule Text
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)
12. Remarks and/or recommendation of the Controlling Officer Signature (with date) Designation
CERTIFICATE REGARDING ADMISSIBILITY OF LEAVE
What This Means
Rule 12 of the CCS (Leave) Rules, 1972, essentially states that if a government employee is absent from duty for more than five years continuously, without being on foreign service, they will be considered to have resigned from their position. This applies whether the absence is with or without approved leave. The rule aims to maintain discipline and ensure that government positions are not left vacant indefinitely. It affects all government employees covered under the CCS (Leave) Rules, 1972.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Continuous absence exceeding five years leads to deemed resignation.
- 2Foreign service is an exception to this rule.
- 3The rule applies regardless of whether the absence is with or without leave.
- 4The President has the discretion to make exceptions based on exceptional circumstances.
- 5This rule maintains discipline and prevents indefinite vacancy of government posts.
Practical Example
Mr. Verma, a government employee, took unauthorized leave for personal reasons in 2018. He did not report back to duty and did not apply for any further leave extensions. By 2023, he had been absent for a continuous period of five years. Unless the President, considering any exceptional circumstances presented by Mr. Verma, decides otherwise, Mr. Verma will be deemed to have resigned from his government service as per Rule 12 of the CCS (Leave) Rules, 1972. This means he will lose his job and associated benefits.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What does 'deemed to have resigned' mean?▼
Does this rule apply if I am on deputation?▼
What are considered 'exceptional circumstances' that might lead to an exception?▼
If I am deemed to have resigned, can I appeal the decision?▼
Does this rule apply to all government employees?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Rule 12 of the CCS (Leave) Rules, 1972, for what continuous period of absence from duty, other than on foreign service, is a Government servant deemed to have resigned?