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Rule 12 - Deemed Resignation | KartavyaDesk

CCS Leave

Original Rule Text

(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:

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

  • •Continuous absence exceeding five years leads to deemed resignation.
  • •Foreign service is an exception to this rule.
  • •The rule applies regardless of whether the absence is with or without leave.
  • •The President has the discretion to make exceptions based on exceptional circumstances.
  • •This 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?▼
It means that legally, the government will consider you to have voluntarily left your job, even if you didn't formally submit a resignation letter.
Does this rule apply if I am on deputation?▼
No, this rule specifically excludes periods spent on foreign service. Deputation within the government is generally not considered foreign service.
What are considered 'exceptional circumstances' that might lead to an exception?▼
The rule doesn't define 'exceptional circumstances.' It's up to the President's discretion, but it could include situations like prolonged and incapacitating illness, or unforeseen family emergencies of a severe nature. Supporting documentation would be crucial.
If I am deemed to have resigned, can I appeal the decision?▼
Yes, you generally have the right to appeal the decision. The process for appeal would depend on the specific circumstances and the relevant departmental rules. Consult with your department's legal or administrative section for guidance.
Does this rule apply to all government employees?▼
This rule applies to government employees covered under the CCS (Leave) Rules, 1972. Certain categories of employees may be governed by different leave rules.

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?

Related Rules

Rule 27CCS (Leave) Rules, 1972 - Rule 27 - Chapter IVRule 28CCS (Leave) Rules, 1972 - Rule 28 - Chapter IVRule 30CCS (Leave) Rules, 1972 - Rule 30 - Chapter IVRule 32CCS (Leave) Rules, 1972 - Rule 32 - Chapter IVRule 35CCS (Leave) Rules, 1972 - Rule 35 - Chapter IV

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