Rule 28 — CCS
Original Rule Text
(1)
(a) The leave account of every Government servant (other than a military officer) who is serving in a Vacation Department shall be credited with earned leave, in advance in two instalments of five days each on the first day of January and July of every calendar year.
(b) In respect of any year in which a Government servant avails a portion of the vacation, he shall be entitled to additional earned leave in such proportion of twenty days, as the number of days of vacation not taken bears to the full vacation, provided the total earned leave credited shall not exceed thirty days in a calendar year.
(c) If, in any year, the Government servant does not avail any vacation, earned leave will be as per Rule 26 instead of Clauses
(a) and (b).
EXPLANATION.— For the purpose of this rule, the term "year" shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.
NoTE 1.— A Government servant entitled to vacation shall be considered to have availed a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation:
Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.
NOTE 2.— When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference, to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.
(2) Vacation may be taken in combination with or in continuation of any kind of leave under these rules:
Provided that the total duration of vacation and earned leave taken in conjunction, whether the earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the amount of earned leave due and admissible to the Government at a time under Rule 26.
28. Earned leave for persons serving in Vacation Departments (DOPT Notification. No. 11020/01/2017- Estt. (L), dated 11.12.2018)
(3) The earned leave under this rule at the credit of a Government servant at the close of the previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit for the half year shall not exceed the maximum limit of 300 days. NOTE.— The facility of crediting of unavailed portion of joining time shall be admissible to persons serving in Vacation Departments, in accordance with the provisions of sub-clause
(ii) of Clause
(a) of sub-rule (1) of Rule 26. (DOPT Notification No. 13012/12/86-Estt.(L) dated 25.03.1989) 29. Half pay leave (DOPT Notification No. 11020/01/2017-Estt (L), dated 11.12.2018) (1) The half pay leave account of every Government servant (other than a military officer and a Government servant serving in a Vacation Department) shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year]. (2)
(a) The leave shall be credited to the said leave account at the rate of 5/3 days for each completed calendar month of service which he is likely to render in the half-year of the calendar year in which he is appointed.
(b) The credit for the half-year in which a Government servant is due to retire or resigns from the service shall be allowed at the rate of 5/3 days per completed calendar month up to the date of retirement or resignation.
(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. (DOPT Notification No. 13026/01/2010-Estt (L), dated 12.05.2011) (ca) 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. (DOPT Notification No.13026/1/2010-Estt. (L), dated 12.05.2011)
(d) Where a period of absence or suspension of a Government servant has been treated as dies non in a half-year, the credit to be afforded to his half pay leave account at the commencement of next half-year, shall be reduced by one-eighteenth of the period of dies non subject to a maximum of ten days. (DOPT Notification No. 13014/1/87-Estt.(L) dated 16.06.1987) (3) A Government servant who is eligible for Departmental leave under Rule 49, shall be entitled to half pay leave of twenty days on completion of twelve months of actual duty.
(4) The leave under this rule may be granted on medical certificate or on private affairs. (DOPT Notification No. 13014/1/85-Estt.(L) dated 03.12.1985) (5) While affording credit of half pay leave, fraction of a day shall be rounded off to the nearest day: (DOPT Notification No. 13014/1/87-Estt.(L) dated 16.06.1987)