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Rule 38 - LPR on Deputation | KartavyaDesk

CCS Leave

Original Rule Text

(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)

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

  • •Applies to government servants on foreign service.
  • •Concerns Leave Preparatory to Retirement (LPR).
  • •Decision to grant/refuse LPR rests with the foreign employer.
  • •Requires concurrence from the lending authority (parent government department).
  • •Ensures 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.

Frequently Asked Questions

What is 'foreign service' in this context?▼
Foreign service, in this context, refers to a government employee working for another organization, such as a local authority or a government-owned company, while still retaining their lien with their parent government department.
What happens if the lending authority doesn't concur with the LPR?▼
If the lending authority does not concur, the foreign employer may have to refuse the LPR or grant a reduced period of leave. The reasons for non-concurrence would typically be communicated to the employee.
Does this rule apply to all types of leave?▼
No, this rule specifically applies to Leave Preparatory to Retirement (LPR). Other types of leave are governed by different rules within the CCS (Leave) Rules, 1972.
Who is considered the 'lending authority'?▼
The 'lending authority' is the government department or organization that originally employed the government servant and from where they were sent on foreign service.
What if the employee is permanently absorbed into the foreign employer organization?▼
If the employee is permanently absorbed, they are no longer on foreign service, and this rule would not apply. They would be governed by the leave rules of the organization they are permanently absorbed into.

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?

Related Rules

Rule 27CCS (Leave) Rules, 1972 - Rule 27 - Chapter IVRule 28CCS (Leave) Rules, 1972 - Rule 28 - Chapter IVRule 30CCS (Leave) Rules, 1972 - Rule 30 - Chapter IVRule 32CCS (Leave) Rules, 1972 - Rule 32 - Chapter IVRule 35CCS (Leave) Rules, 1972 - Rule 35 - Chapter IV

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