Rule 38 - LPR on Deputation
Original Rule Text
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;
(2) The cash equivalent for encashment of leave under sub-rule (1) shall be calculated as follows, namely:—
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
(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.
What This Means
Rule 38(2)(a) of the CCS (Leave) Rules, 1972 deals with a specific situation: when a government employee is working for another organization (a 'local body') on 'foreign service' and wants to take leave before retiring. This 'local body' could be a local authority, a corporation owned by the government, or any body controlled or funded by the government. The rule essentially states that if such an employee applies for 'leave preparatory to retirement' (LPR), the decision to approve or deny that leave isn't solely up to the organization they're currently working for.
Instead, the organization where the employee is currently working (the 'foreign employer') needs to get the agreement (concurrence) of the government department that originally employed the person (the 'lending authority'). This ensures that the parent department has a say in whether the employee can take LPR, considering their service record and any potential pending matters. This rule is important because it protects the interests of both the employee and the government, ensuring a smooth transition into retirement while also safeguarding government interests.
In simpler terms, if you're a government employee on deputation and want to retire, both your current employer and your original government department need to agree on your retirement leave.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies to government servants on foreign service.
- 2Concerns Leave Preparatory to Retirement (LPR).
- 3Decision to grant/refuse LPR rests with the foreign employer.
- 4Requires concurrence from the lending authority (parent government department).
- 5Ensures both employee and government interests are considered.
Practical Example
Mr. Sharma, a Section Officer in the Ministry of Finance, was on foreign service with the Delhi Municipal Corporation (DMC). After working with the DMC for five years, Mr. Sharma decided to apply for Leave Preparatory to Retirement (LPR) for six months before his superannuation. He submitted his application to the DMC. The DMC, as the 'foreign employer', couldn't approve his LPR on its own. They had to seek the concurrence of the Ministry of Finance, which was the 'lending authority'.
The DMC forwarded Mr. Sharma's application to the Ministry of Finance. The Ministry reviewed Mr. Sharma's service record, checked for any pending disciplinary proceedings, and then conveyed their concurrence to the DMC. Only after receiving this concurrence could the DMC formally approve Mr. Sharma's LPR. If the Ministry had raised objections (e.g., due to an ongoing inquiry), the DMC might have had to refuse the LPR, or grant a shorter period of leave.
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 is 'foreign service' in this context?▼
What happens if the lending authority doesn't concur with the LPR?▼
Does this rule apply to all types of leave?▼
Who is considered the 'lending authority'?▼
What if the employee is permanently absorbed into the foreign employer organization?▼
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 CCS (Leave) Rules, 1972, Rule 38(2)(a), when a government servant on foreign service applies for Leave Preparatory to Retirement (LPR), who makes the final decision regarding the grant or refusal of such leave?