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Rule 5 - Leave Carry Forward | KartavyaDesk

CCS Leave

Original Rule Text

(DOPT Notification No. 11012/1/85-Estt.(L) dated 23.06.1987) (b) when appointed substantively to a permanent post to which these rules apply, shall become subject to these rules from the date of such appointment, in which case the leave at his credit under the rules previously applicable to him shall be carried forward subject to the maximum limits of accumulation as laid down in Rule 26. The leave so carried forward shall first be exhausted before the leave earned under these rules is availed of. The leave salary in respect of the leave carried forward shall be borne by the (Department or the Government from which the Government servant proceeds on leave): (DOPT Notification No. 14028/4/91-Estt.(L) dated 18.09.95)

What This Means

Rule 5 of the CCS (Leave) Rules, 1972, deals with what happens to your accumulated leave when you become a permanent government employee. Specifically, it addresses situations where you were previously under different leave rules (perhaps as a temporary employee or in a different government department) and are now appointed to a permanent position covered by the CCS (Leave) Rules. This rule ensures a smooth transition regarding your leave balance.

Essentially, when you're appointed substantively to a permanent post, your existing leave balance (earned under the previous rules) is transferred and added to your new leave account under the CCS (Leave) Rules. However, there's a limit to how much leave you can accumulate, as specified in Rule 26. The leave you carried forward from your previous employment must be used *before* you start using the leave you earn under the CCS (Leave) Rules. Importantly, the department or government that you were previously working for is responsible for paying your leave salary if you take leave from the carried-forward balance.

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

Key Points

  • •Applies when a government servant is appointed substantively to a permanent post under CCS (Leave) Rules after being under different leave rules.
  • •Existing leave balance from the previous employment is carried forward to the new leave account.
  • •The carried-forward leave is subject to the maximum accumulation limits as per Rule 26.
  • •Carried-forward leave must be exhausted before availing leave earned under CCS (Leave) Rules.
  • •The previous department/government bears the leave salary for leave taken from the carried-forward balance.

Practical Example

Priya was initially employed as a contractual employee in the Ministry of Skill Development for two years. During this time, she accumulated 15 days of earned leave under their specific leave policy. Later, she cleared the UPSC exam and was appointed as a Section Officer in the Ministry of Finance, a permanent position covered by the CCS (Leave) Rules.

According to Rule 5, Priya's 15 days of earned leave from her previous job are carried forward to her new leave account in the Ministry of Finance. However, let's say Rule 26 limits accumulated leave to 300 days. If Priya already had 290 days of leave from previous service (hypothetically), only 10 days would be added. When Priya needs to take leave, she must first use those 15 (or 10 in the hypothetical) days of carried-forward leave. The Ministry of Skill Development will be responsible for paying her leave salary for those 15 days.

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 leave if I move from one central government department to another?▼
If both departments are covered by the CCS (Leave) Rules, your leave is simply transferred. Rule 5 applies if you're moving from a non-CCS (Leave) Rules covered position to a CCS (Leave) Rules covered position.
Is there a limit to how much leave I can carry forward?▼
Yes, the maximum limit for accumulation of leave is specified in Rule 26 of the CCS (Leave) Rules, 1972. Any leave exceeding this limit will lapse.
Who pays my leave salary when I use the leave I carried forward?▼
The department or government from which you proceeded to the new permanent post is responsible for paying your leave salary for the carried-forward leave.
What if my previous employer had a different definition of 'earned leave'? Does that matter?▼
The leave is carried forward as 'earned leave' under the CCS (Leave) Rules, even if it was called something else previously. The number of days is what matters, not the specific terminology.
Does this rule apply if I resign from my previous job and then rejoin the government service later?▼
Generally, no. Resignation usually results in forfeiture of accumulated leave. Rule 5 applies when there's a continuous transition to a permanent post.

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 5 of the CCS (Leave) Rules, 1972, when a government servant is appointed substantively to a permanent post, what happens to the leave at their credit under the rules previously applicable to them?

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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