Rule 49 — CCS

49. Departmental Leave (1) Departmental leave may be granted to :-

(a) Class III Government servants (other than Division I staff and Clerks) and to Class IV Government servants in the Survey of India, attached to Survey Parties with field and recess duties:

(b) members of the seasonal staff in the Posts and Telegraphs Department, whose duties are not continuous but are limited to certain fixed period in each year. (2) In addition to leave due and admissible, departmental leave may be granted only to Government servants whose services are temporarily not required. (3)

(a) Departmental leave with leave salary may be granted during the recess by the Head of the Party or Office to which the Government servant belongs in the Survey of India or an authority not lower than the Divisional Superintendent of Post Offices in the Posts and Telegraphs Department, as the case may be provided the authority granting the leave considers in the case of a Class IV Government servant that it is desirable to reemploy the Government servant in the ensuing season.

(b) Leave so granted may, in special cases, be extended by the Surveyor– General or the Postmaster-General or the Director of Posts and Telegraphs, as the case may be, up to a maximum of eighteen months in all. (4)

(a) Departmental leave with leave salary may be granted at times other than the recess, for not more than six months at a time, by directors in the Survey of India, provided the leave is granted in the interests of Government and not at the request of the Government servant.

(b) Leave so granted may, in special cases, be extended by the SurveyorGeneral up to a maximum of one year in all.

(c) Leave on medical certificate shall not be regarded as granted in the interest of Government. (5) Where the President by general or special order so authorizes, departmental leave without leave salary may be granted by the SurveyorGeneral or the Postmaster-General or the Director of Posts and Telegraphs, as the case may be, in continuation of the departmental leave with leave salary. (6)

(a) A Government servant on Departmental Leave with leave salary shall be paid leave salary equal to 25 per cent of the said salary admissible during the earned leave under sub-rule (1) of Rule 40. No allowance, other than Dearness Allowance, shall be admissible on such leave salary. (DOPT Notification No. 13012/12/86-Estt.(L) dated 25.03.1989)

(b) A Government servant while on departmental leave with leave salary shall be paid leave salary at the end of each month up to first six months and thereafter it shall be paid when the Government servant returns to duty: (MOF Notification No. 16(5)-E.IV(A)/74 dated 11.04.1975) (DOPT Notification no.14028/18/86-Estt.(L) dated 23.03.1988)

Provided that where a Government servant dies while on departmental leave, his leave salary up to the date of his death, or the last day of such leave with leave salary, whichever is earlier, shall be paid to his heirs.

(7) Departmental leave does not count as duty and such leave shall not be debited to his leave account. (8) Departmental leave may be granted when no leave is due. (9) Departmental leave may be combined with any other kind of leave which may be due.

(10)(a)When a Government servant to whom these rules apply, holds a post in which the Surveyor-General or the Postmaster-General or theDirector pf {posts and Telegraphs, as the case may be (hereinafter in this sub-rule referred to as the authority) considers that he is unlikely to be eligible fordepartmental leave in future, the authority may, by order in writing, declare that, with effect from such date, not being earlier than the Government servant‘s last return from departmental leave, as the authority may fix, any balance of leave at debit in the Government servant‘s leave account shall be cancelled.

(b) All leave earned after such date shall be credited as due in the Government servant‘s leave account and all leave taken after such date, including departmental leave with leave salary, if any, shall be debited in it. NOTE :- this sub-rule applies to cases of Government servants who have debit balance in their leave account due to their availing of departmental leave before the 1st November, 1973, when departmental leave with leave salary used to be debited to leave account. (MOF Notification No. 16(5)-E.IV(A)/74 dated 11.04.1975)