Rule 28 - Earned Leave Limit
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. (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
What This Means
Rule 28(3) of the CCS (Leave) Rules, 1972, deals with how your earned leave (EL) balance is carried forward from one half-year to the next. Basically, any earned leave you haven't used by the end of a half-year (either June 30th or December 31st) gets added to your leave balance for the next half-year. However, there's a limit: the total earned leave you can have at any time cannot exceed 300 days. This rule ensures that you don't lose the earned leave you've accumulated, but it also prevents you from accumulating an excessive amount of leave that could disrupt government operations. The note to this rule also allows for crediting of unavailed joining time to employees in vacation departments.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Unused Earned Leave (EL) is carried forward to the next half-year.
- 2The maximum accumulated Earned Leave (EL) allowed is 300 days.
- 3Carry forward leave + new credit for the half-year cannot exceed 300 days.
- 4The facility of crediting of unavailed portion of joining time is admissible to persons serving in Vacation Departments
Practical Example
Ms. Sharma, a Section Officer, had 280 days of earned leave at the end of December. In January, she is credited with 15 days of earned leave for the new half-year. Her total leave balance would be 295 days (280 + 15). This is below the 300-day limit, so all 15 days are credited. However, if Ms. Verma had 290 days of earned leave at the end of December, and is credited with 15 days in January, her total would be 305 days. Because the maximum is 300, only 10 days would be credited, bringing her total to 300. The remaining 5 days would lapse.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens to my earned leave if I have more than 300 days?▼
When is earned leave credited to my account?▼
Does this rule apply to all government employees?▼
What is 'joining time' and how does it relate to this rule?▼
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 28(3) of the CCS (Leave) Rules, 1972, what is the maximum amount of Earned Leave (EL) that a Government servant can have at their credit?