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Rule 4 - Leave on Foreign Service | KartavyaDesk

CCS Leave

Original Rule Text

(2) In the case of Government servants on foreign service outside India (including service with UN agencies within or outside India) or on temporary transfer to the Armed Forces of the Union, these rules shall apply only to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case may be.

What This Means

CCS (Leave) Rule 4(2) essentially states that the standard leave rules don't automatically apply to government employees who are on foreign service outside India (including with UN agencies) or temporarily transferred to the Armed Forces. Think of it as a temporary pause on the usual leave rules. Instead, the leave entitlements for these employees are governed by the specific terms and conditions outlined in their foreign service agreement or temporary transfer order. This ensures that their leave is managed according to the arrangements made for their specific assignment.

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

Key Points

  • Rule 4(2) applies to government servants on foreign service outside India or temporary transfer to the Armed Forces.
  • Standard CCS (Leave) Rules, 1972, do not automatically apply in these cases.
  • Leave is governed by the terms and conditions of the foreign service agreement or temporary transfer order.
  • This ensures leave management aligns with the specific assignment's requirements.

Practical Example

Ms. Priya Sharma, a Section Officer in the Ministry of External Affairs, is seconded to the United Nations Development Programme (UNDP) in New York for two years. Her foreign service agreement with UNDP clearly states her leave entitlement: 25 days of annual leave and 10 days of sick leave per year, governed by UNDP's policies. Even though Priya is a central government employee, CCS (Leave) Rules, 1972, do not directly dictate her leave during this period. Instead, the leave rules outlined in her UNDP agreement will apply. Similarly, Mr. Rajesh Kumar, an Under Secretary, is temporarily transferred to the Indian Army for a six-month project. His leave during this period is governed by the Army's regulations, as specified in his transfer order, not the standard CCS (Leave) Rules.

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

Frequently Asked Questions

If I am on foreign service, do I lose all my accumulated leave under CCS (Leave) Rules?
No, your accumulated leave remains credited to your account. However, during your foreign service, your leave is governed by the terms of your foreign service agreement. Upon repatriation, the remaining leave under CCS (Leave) Rules will be available to you.
What happens if my foreign service agreement doesn't mention leave rules?
It is highly unusual for a foreign service agreement to not mention leave. However, if such a situation arises, you should immediately clarify with the concerned authorities (both your parent department and the foreign organization) to establish the applicable leave rules.
Does this rule apply to deputation within India?
No, Rule 4(2) specifically applies to foreign service outside India and temporary transfers to the Armed Forces. Deputation within India generally falls under different rules and regulations, and the CCS (Leave) Rules usually continue to apply unless specifically stated otherwise in the deputation order.
If my temporary transfer to the Armed Forces is extended, does the leave rule change?
No, the principle remains the same. Your leave will continue to be governed by the Armed Forces' regulations as long as you are on temporary transfer, regardless of the duration, as specified in the transfer order.

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 4(2), which of the following categories of government servants are NOT automatically governed by these rules regarding leave?

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