Rule 38 — CCS

38. Leave preparatory to retirement (1) A Government servant may be permitted by the authority competent to grant leave to take leave preparatory to retirement to the extent of earned leave due, not exceeding 300 days together with half pay leave due, subject to the condition that such leave extends up to and includes the date of retirement.

("240 days substituted with 300 days" vide DOPT Notification No. 13026/1/2002-Estt. (L), dated the 15/16.01.2004) NOTE.- The leave granted as leave preparatory to retirement shall not include extraordinary leave.

(2)

(a) Where a Government servant who is on foreign service in or under any Local Authority or a Corporation or Company wholly or substantially owned or controlled by the Government or a Body controlled or financed by the Government (hereinafter referred to as the local body) applies for leave preparatory to retirement, the decision to grant or refuse such leave shall be taken by foreign employer with the concurrence of the lending authority under Central Government. (DOPT Notification No. 14028/9/80-Estt.(L) dated 01.10.1981)

(b) The Government servant on foreign service shall also be allowed to encash earned leave at his credit on the date of retirement in the manner provided in sub-rule (2) of Rule 39.

(c) Deleted. (DOPT Notification No. 14028/6/82 -Estt.(L) dated 31.05.1985) (3) Where a Government servant is on foreign service in or under a local body other than the one mentioned in Clause

(a) of sub-rule (2), leave preparatory to retirement shall be admissible to him only when he quits duty under the foreign employer:

Provided that where the Government servant continues in service under such foreign employer, the Government servant shall not be eligible for grant of cash payment in lieu of leave under Rule 39.

38-A. Encashment of Earned Leave along with Leave Travel Concession while in service.- (DOPT Notification No. 14028/1/20 10- Estt. (L), dated 26.08.2011)

(1) A Government servant may be permitted to encash earned leave up to ten days at the time of availing of Leave Travel Concession while in service, subject to the conditions that—

(a) a balance of at least thirty days of earned leave is available to his credit after taking into account the period of encashment as well as leave being availed of:

(b) the total leave so encashed during the entire career does not exceed sixty days in the aggregate;

Cash equivalent = Pay admissible on the date of availing of the Leave Travel Concession plus Dearness Allowance admissible on that date. 30 X Number of days EL subject to the maximum 10 days at one time

(2) The cash equivalent for encashment of leave under sub-rule (1) shall be calculated as follows, namely:—

(3) No House Rent Allowance shall be included in the cash equivalent calculated under sub-rule (2); (4) The period of earned leave encashed shall not be deducted from the quantum of leave that can normally be encashed by the Government servant under Rules 6,39,39-A, 39-B, 39-C and 39-D.

(5) If the Government servant fails to avail the Leave Travel Concession within the time prescribed under the Central Civil Services (Leave Travel Concession) Rules, 1988, then he shall be required to refund the entire amount of leave so encashed along with interest at the rate of two per cent above the rate of interest allowed by the Government as applicable to Provident Fund balances and shall also be entitled for credit back of leave so debited for leave encashment.