Rule 40 - Leave Salary Adjustments | KartavyaDesk
Original Rule Text
(5) A Government servant on extraordinary leave is not entitled to any leave salary. (6) Deleted. (7) (a) Deleted. (b) Deleted. (DOPT Notification No. 14028/9/80 -Estt.(L) dated 1.10.1981) (c). In the case of a Government servant who is granted leave earned by him during the period of re-employment, the leave salary shall be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits. (DOPT Notification No. 14028/6/82 -Estt.(L) dated 31.05.1985) (8) In the case of a person to whom the Employees‘ State Insurance Act, 1948 (34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefit payable under the said Act for the corresponding period. (9) (a) If, in the case of a Government servant who retires or resigns from the service, the leave already availed of is more than the credit so due to him, necessary adjustment shall be made in respect of leave salary, if any, overdrawn. (b) Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who die while in service is in excess of the leave credit under Clause (b) of sub-rule (2) of Rule 27,the over payment of leave salary shall be recovered in such cases. (MOF Notification No. 16(6)-E.IV(A)/74 dated 31.07.1976)
What This Means
Rule 40 of the CCS (Leave) Rules, 1972, deals with the calculation and adjustments of leave salary in various specific situations. It clarifies that if you're on Extraordinary Leave (EOL), which is leave without pay, you won't receive any leave salary during that period. The rule also addresses scenarios involving re-employed government servants, employees covered by the Employees' State Insurance Act, and situations where a government servant retires, resigns, is dismissed, removed, or dies while in service. In essence, it ensures that leave salary is calculated correctly and that any overpayments are recovered appropriately.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- •No leave salary is paid during Extraordinary Leave (EOL).
- •Leave salary for re-employed government servants is based on their pay, excluding pension and pension equivalent of retirement benefits.
- •Leave salary is reduced by the amount of benefit payable under the Employees’ State Insurance Act, 1948, for leave other than earned leave.
- •Adjustments are made to leave salary if more leave than due is availed before retirement or resignation.
- •Overpayment of leave salary is recovered if a government servant is dismissed, removed, or dies while in service and has availed of leave exceeding their entitlement.
Practical Example
Mr. Sharma, a government employee, took 30 days of Extraordinary Leave (EOL) due to a personal emergency. According to Rule 40(5), he will not receive any salary for these 30 days. Later, upon retirement, it was found that Ms. Verma had taken 15 days of earned leave more than she was entitled to. Her last drawn salary was ₹70,000 per month. The overdrawn leave salary, calculated proportionally, will be recovered from her retirement benefits as per Rule 40(9)(a).
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 to my salary if I take Extraordinary Leave?▼
How is leave salary calculated for a re-employed government servant?▼
What happens if I take more leave than I am entitled to before retiring?▼
If I am covered under ESI, does it affect my leave salary?▼
What happens to my leave salary if I die while in service and have taken more leave than I was due?▼
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 Rule 40 of the CCS (Leave) Rules, 1972, what is the leave salary entitlement for a Government servant on Extraordinary Leave (EOL)?
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