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Rule 49 - Departmental Leave | KartavyaDesk

CCS Leave

Original Rule Text

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)

What This Means

Rule 49 of the CCS (Leave) Rules, 1972, deals with 'Departmental Leave.' This type of leave is specifically for certain employees in the Survey of India and the Posts and Telegraphs Department. It's designed for staff whose work isn't continuous throughout the year, like seasonal workers or those attached to survey parties with field and recess duties. Essentially, it allows these employees to take leave during periods when their services aren't immediately needed.

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

Key Points

  • Departmental Leave is primarily for Class III (excluding Division I staff and Clerks) and Class IV employees in Survey of India and seasonal staff in the Posts and Telegraphs Department.
  • It can be granted with or without leave salary, depending on the circumstances and the authority granting the leave.
  • The duration and conditions of the leave, including salary, vary based on whether it's granted during a recess or at other times.
  • Extensions of Departmental Leave require approval from higher authorities like the Surveyor-General or Postmaster-General.
  • Leave salary during Departmental Leave is 25% of the salary admissible during earned leave, with only Dearness Allowance being admissible on such leave salary.

Practical Example

Ramesh, a Class IV employee in the Survey of India, works with a survey party that has field duties for 8 months of the year and a recess for 4 months. During the recess, his Head of Party grants him Departmental Leave with leave salary because his services are temporarily not required. He receives 25% of his regular salary plus Dearness Allowance during this leave. Later, due to unforeseen circumstances, Ramesh needs an extension. The Surveyor-General approves an extension of his leave, ensuring it doesn't exceed the maximum permissible limit of eighteen months in all. Similarly, Sita, a seasonal staff member in the Posts and Telegraphs Department, is granted departmental leave during the off-season, allowing her to manage personal affairs while receiving a portion of her salary.

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

Frequently Asked Questions

Who is eligible for Departmental Leave?
Class III (excluding Division I staff and Clerks) and Class IV employees in the Survey of India attached to Survey Parties, and members of the seasonal staff in the Posts and Telegraphs Department.
Can Departmental Leave be granted with full salary?
No, Departmental Leave with leave salary provides 25% of the salary admissible during earned leave, plus Dearness Allowance.
What is the maximum duration for which Departmental Leave can be extended?
In special cases, Departmental Leave can be extended up to a maximum of eighteen months in all by the Surveyor-General or the Postmaster-General when granted during recess, and up to one year in all by the Surveyor-General when granted at other times.
Is medical leave considered as leave granted in the interest of the Government under Rule 49?
No, leave on medical certificate is specifically excluded from being regarded as granted in the interest of the Government.
Can Departmental Leave without leave salary be granted?
Yes, if authorized by the President, Departmental Leave without leave salary can be granted in continuation of Departmental Leave with leave salary by the Surveyor-General, Postmaster-General, or Director of Posts and Telegraphs.

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 49, which of the following categories of Government servants is eligible for Departmental Leave?

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