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Rule 31 - Leave Not Due | KartavyaDesk

CCS Leave

Original Rule Text

31. Leave not due (1) Save in the case of leave preparatory to retirement, Leave Not Due may be granted to a Government servant in permanent employ or quasipermanent employ (other than a military officer) limited to a maximum of 360 days during the entire service on medical certificate subject to the following conditions:- (a) The authority competent to grant leave is satisfied that there is reasonable prospect of the Government servant returning to duty on its expiry; (b) Leave Not Due shall be limited to the half pay leave he is likely to earn thereafter; (c) Leave Not Due shall be debited against the half pay leave the Government servant may earn subsequently. (1-A) Leave Not Due may also be granted to such of the temporary Government servants as are suffering from TB, Leprosy, Cancer or Mental Illness, for a period not exceeding 360 days during entire service, subject to fulfillment of conditions in Clauses (a) to (c) of sub-rule (1) and subject to the following conditions, namely:- (DOPT Notification No. 11012/1/85-Estt.(L) dated 06.06.1988) (i) that the Government servant has put in a minimum of one year‘s service; (ii) that the post from which the Government servant proceeds on leave is likely to last till his return to duty; and (iii) that the request for grant of such leave is supported by a medical certificate as envisaged in Clauses (c) and (d) of sub- rule (2) of Rule 32. (GSR No. 1422, F.No. 11012/1/77-E.IV(A) dated 21.11.1979) (2)(a) Where a Government servant who has been granted Leave Not Due resigns form service or at his request permitted to retire voluntarily without returning to duty, the Leave Not Due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commenced, and the leave salary shall be recovered. (b) Where a Government servant who having availed himself of Leave Not Due returns to duty but resigns or retires from service before he has earned such leave, he shall be liable to refund the leave salary to the extent the leave has not been earned subsequently: Provided that no leave salary shall be recovered under Clause (a) or Clause (b) if the retirement is by reason of ill-health incapacitating the Government servant for further service or in the event of his death:

What This Means

Rule 31 of the CCS (Leave) Rules, 1972, deals with 'Leave Not Due' (LND). Think of it as an advance on your future Half Pay Leave (HPL). It allows permanent and quasi-permanent government employees (excluding military officers) to take leave even if they don't have enough leave balance, primarily for medical reasons. The maximum LND you can take in your entire career is 360 days, and it's granted only if the leave-approving authority believes you'll likely return to work after the leave. Temporary employees suffering from serious illnesses like TB, Leprosy, Cancer, or Mental Illness can also avail LND under specific conditions after completing one year of service.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • LND is an advance on future Half Pay Leave (HPL), up to a maximum of 360 days in your entire career.
  • Primarily granted for medical reasons and requires a medical certificate.
  • Applicable to permanent, quasi-permanent, and certain temporary employees with serious illnesses.
  • The leave-granting authority must be satisfied that the employee is likely to return to duty.
  • If an employee resigns or retires before earning the LND, they may have to refund the leave salary, unless the retirement is due to incapacitating ill-health or death.

Practical Example

Priya, a permanent government employee, needs to undergo a major surgery but has exhausted her available leave balance. She applies for 90 days of Leave Not Due, supported by a medical certificate. The leave-approving authority, after reviewing her medical records and service history, is convinced that Priya will recover and return to work. They approve her LND application. However, if Priya, after returning to work for only six months, decides to resign, she will be required to refund the salary she received for the unearned portion of the LND, unless her resignation is due to a medical condition that prevents her from continuing her service.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if I take Leave Not Due and then resign?
If you resign or voluntarily retire without returning to duty after taking LND, the leave will be cancelled, and your resignation/retirement will be effective from the date the LND started. You'll have to refund the leave salary you received, unless your retirement is due to ill-health or death.
Is Leave Not Due a right?
No, Leave Not Due is not a right. It is granted at the discretion of the leave-approving authority, subject to fulfillment of the conditions specified in the rule.
Can a temporary employee get Leave Not Due?
Yes, temporary employees suffering from TB, Leprosy, Cancer, or Mental Illness can be granted LND, subject to certain conditions, including having completed at least one year of service and the post being likely to last until their return.
How is Leave Not Due adjusted?
Leave Not Due is debited against the Half Pay Leave (HPL) you earn subsequently. This means that as you accrue HPL, it will first be used to offset the LND you have already taken.
What is the maximum Leave Not Due I can avail in my entire career?
The maximum Leave Not Due that can be granted to a government servant is 360 days during the entire service.

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

What is the maximum number of days of Leave Not Due (LND) that can be granted to a permanent government servant during their entire service, excluding leave preparatory to retirement?

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