Rule 50 - Study Leave Explained

Rule 50].

To whom? Permanent Government Servant who:

(a) has been declared to have completed probation

(b) Has put in regular and continuous service for 5 years including probation period

(c) Has executed a bond in the Prescribed form to serve the Government for a period of three years on expiry of the study leave and

(d) Would not reach the age of superannuation within 3 years of the expiry of the study leave.

Admissibility? Study leave is admissible for employees pursuing –

i. higher studies or specialised training in a professional or technical subject having a direct and close connection with the sphere of duties ii. studies connected with the framework or background of public administration

iii. studies which are capable of widening his mind and improving his abilities as a civil servant

iv. a Ph. D. course by an officer of IES or ISS

v. a postgraduate course by a specialist or a technical person.

vi. a postgraduate course in Medical Sciences by a Medical Officer.

When Study Leave is not admissible?

i. For prosecution of studies out of India, if adequate facilities exist in India

ii. For prosecution of studies in subjects other than academic or literary subject

iii. For any course, with such frequency as to remove him from contact with his regular work or to cause cadre difficulties owing to his absence on leave.

Sanctioning authority? Ministries/ Departments of the Central Government/ Comptroller and Auditor – General of India in the case of staff working in IAAD – First Schedule of the C.C.S. (Leave) Rules.

Period of study leave admissible? 1. o Ordinarily 12 months at any one time and

o During his entire service, 24 month in all (inclusive of similar kind of leave for study or training granted under any other rules).

2. Maximum 36 months in all during entire career for central Health Service Officers for acquiring post graduation qualification provided they execute a bond to serve for a period of five years in Government after completing the study course.

3. For the Award of Jawahar Lal Nehru Fellowship– for the entire period of fellowship.

Study leave may be combined with? Other kind of leave and including the period of vacation provided the total period of absence – excluding E.O.L., shall not exceed 28 months generally and 36 months in case of Ph.D. course. This leave shall not be debited to leave account.

Regulation of study leave extending beyond course of study? – If the course of study falls short of the study leave granted to an employee, he shall resume duty on the conclusion of the course of study. The employee may obtain prior sanction of the leave sanctioning authority to treat the period of shortfall as ordinary leave.

On what conditions can study leave be granted?

a) To be certified by the competent authority that the study shall be of definite advantage from the point of view of public interest.

For study leave outside India-

b) the facilities for study/research should not be available in India.

c) Government Servant shall submit completion/pass certificate in respect of the course of study/examination.

d) Study leave should not be granted with such frequency as to remove the Government servant from contact with his regular work or to cause cadre difficulties owing to his absence on leave.

e) Study leave shall not be granted unless it is for prosecution of studies in subjects other than academic or literary subject; except in the following cases:

(i) To an IES/ISS officer for doing Ph.D. if chief Economic Advisor/Director, central Statistical organization approves the subject of research and the institution at which the research is to be undertaken and certifies that the study will be valuable in the matter of increasing the efficiency of the officer.

(ii) To a Medical officer for prosecuting a course of postgraduate study in Medical Sciences if the DGHS certifies that the study will be valuable in the matter of increasing the efficiency of the officer.

(iii) To a specialist or a technical person for prosecuting postgraduate course of study directly related to sphere of duty in case the Head of the Department or the Secretary of the Ministry/Department certifies that the course of study shall:-

 enable him to keep abreast with modern developments in the field of his duty

 improve his technical standards and competence; and

 thus substantially benefit the Department.

Who will bear TA and cost of fees? Ordinarily Government servant himself. But in exceptional cases, the President may sanction payment of such allowance or fees.

What if bond obligation is violated or the condition enunciated in the bond is not met if the Government servant-

(i) fails to complete the course of study: or

(ii) resigns/takes voluntary retirement without return to duty; or

(iii) returns to duty but resigns/takes voluntary retirement before serving for 3 years on expiry of study leave.

Consequences of such violation:

(i) Study leave is converted into leave due and admissible and extraordinary leave. Excess payment of leave salary is recovered.

(ii) Before the resignation is accepted or the Government servant is permitted to retire voluntarily the actual amount together with interest comprising-

(iii) Leave salary, study allowance, cost of fees, travelling and other expenses, if any, incurred by the Government of India and

(iv) The cost incurred by other agencies such as foreign governments foundations and Trusts in connection with the course of study shall be recovered.

However, no such recovery will be made if the Government servant is permitted to retire on medical grounds or to resign for his permanent absorption in the public interest in an autonomous or statutory body or institution to which he was deputed to serve by Government on return from study leave.

Leave Salary

Study leave in India: Pay drawn on duty immediately before proceeding on leave and DA and HRA thereon. This amount shall be reduced by the amount, if any received by the Government servant as stipend, scholarship or remuneration for any part-time employment. However, the net leave salary shall not be less than the leave salary admissible on HPL.

Study leave outside India: Pay drawn on duty immediately before proceeding on leave, DA and HRA thereon and study allowance at prescribed rates. Any amount of stipend, scholarship or remuneration for part-time employment if received by Government servant after deducting the cost of fees, if any paid by him, shall be adjusted against the study allowance. If the net amount of stipend etc. is less, the balance shall be paid as study allowance and if it is more no study allowance shall be paid as study allowance.

Note: Allowances, like HRA etc. in the Leave Salary will be admissible at the prescribed rates, fixed by the Ministry of Finance from time to time.

16. LEAVE ENCASHMENT [Rule 39].

EARNED LEAVE

16.1 The authority competent to grant leave shall suo-motto issue an order granting cash equivalent of leave salary for Earned Leave, if any, at the credit of Government servant concerned, on the last day of his service subject to a maximum of 300 days in respect of the following categories:

i. retirement on attaining the age of superannuation;

ii. cases where the service has been extended, in the interest of public service beyond the date of retirement on superannuation;

iii. voluntary/pre-mature retirement;

iv. where the services are terminated by notice or by payment of pay and allowances in lieu of notice, or otherwise in accordance with terms and conditions of appointment;

v. termination of re-employment after retirement

vi. to the family of the deceased Government servant died while in service;

vii. invalidation on Medical ground;

viii. compulsory retirement as a measure of punishment without reduction in pension;

ix. absorption in a Public Sector Undertaking/autonomous body wholly or substantially owned or controlled by the Central/State Government;

x. transfer to an industrial establishment;

16.2 Encashment of Earned Leave will be allowed to retired officers appointed on Contract basis after retirement even within the first two years, subject to the condition that the total number of days for which encashment is allowed on termination of contract together with the number of days of Earned Leave or Full Pay Leave for which encashment had already been allowed in previous appointments under the Government shall not exceed 300 days.

16.3 Half of the leave at credit on the date of cessation of service, subject to a maximum of 150 days is to be encashed in case when a Government servant resign or quits service, of his own accord.

16.4 Encashment not exceeding 10 days of Earned Leave at a time is permissible for availing LTC subject to the condition that:

(a) The total leaves so encashed during the entire career does not exceed 60 days in the aggregate.

(b) A balance of at least 30 days of EL is still available to the credit after taking into account the period of encashment as well as leave; and

(c) The period of leave encashed shall not be deducted from the quantum of leave that can be normally encashed at the time of superannuation.

(d) Encashment of Leave on LTC of family is permissible [DoPT FAQ dtd 25.3.2013].

16.5 Cash equivalent of leave salary consist of pay plus appropriate Dearness Allowance thereon.

Formula for calculation:

(Pay + D.A) admissible on the date of availing LTC x No. of days of EL (max. 10 days at one time)/30

Limitations: No HRA shall be payable. Special Pay is counted for leave encashment, but DA on Special Pay is not counted. Personal pay for Family Planning and Hindi Teaching Scheme are not counted for this purpose.

HALF PAY LEAVE

16.7 Both Earned Leave and Half Pay Leave shall be considered for encashment of leave subject to overall limit of 300 days. The cash equivalent payable for Earned Leave shall continue unchanged. However, cash equivalent payable for Half Pay Leave shall be equal to leave salary as admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. To make up the shortfall in Earned Leave, no commutation of Half Pay Leave shall be permissible. The Cash equivalent for half pay leave component shall, henceforth, be calculated in the manner indicated below:- [This restriction is not applicable if encashment of EL alone is due and granted subject to maximum of 300 days.]

16.7 Formula for calculation:-

Cash payment in lieu of HPL Component

= HPL salary admissible on the date of retirement + DA admissible on that date 30

X Number of days of HPL at credit subject to the total of EL + HPL not exceeding 300 days No HRA is admissible for HPL encashment.

[Amendment to Central Civil Service (Leave) Rules, 1972 – Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act 1995)]:

G.I., Dep. of Per. & Trg., O.M.No.18017/1/2014-Estt(L), dated 25.2.2015

Para5: Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 12 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

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What This Means

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

Key Points

• 1Study leave can be granted for training, study tours, or research related to public administration.
• 2The proposed study must be of definite advantage to the government and in the public interest.
• 3Generally, study leave is not granted for purely academic or literary subjects, with exceptions for IES/ISS officers pursuing Ph.D.s.
• 4For studies not directly connected to the employee's work, consultation with the Department of Expenditure is required.
• 5A report on the work done during study leave must be submitted upon return.

Practical Example

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

Cross References

Frequently Asked Questions

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