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Rule 60 - LPR for Deputation | KartavyaDesk

CCS Leave

Original Rule Text

2. 3. Special Disability Leave Study Leave NOTE 2.—. If the Government servant is serving with a State Government, the State Government or such authority as may be specified by that Government: (a) While taking decision to grant or refuse leave preparatory to retirement prior concurrence of lending authority under the Central Government shall be obtained: (b) * Not printed. In case the lending authority under the Central Government is not agreeable to the refusal of leave preparatory to retirement, it shall be granted to the Government servant and if the State Government needs the services of the officer during that period, the Government servant may be re-employed by that Government concurrently with the leave preparatory to retirement and leave salary regulated in accordance with the provisions of sub-rule (6) of Rule 40. (i) Ministry/Department of the Central Government. (ii) Administrator. (iii) Comptroller and AuditorGeneral. (iv) Head of Department. (v) Any other authority which is the appointing authority. (i) Ministry/Department of the Central Government. (ii) Administrator. (iii) Comptroller and AuditorGeneral.

What This Means

CCS (Leave) Rule 60 deals with Leave Preparatory to Retirement (LPR) for government servants who are serving with a State Government but are originally employees of the Central Government (on deputation). It essentially outlines the process for granting or refusing LPR in such cases. The rule ensures that the lending authority (the Central Government) has a say in whether the employee can take LPR, considering they are still technically their employee. This is important because the Central Government might have plans for the employee's return or need their expertise.

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

Key Points

  • Rule 60 applies to Central Government employees on deputation to State Governments seeking Leave Preparatory to Retirement (LPR).
  • The State Government must obtain prior concurrence from the Central Government (lending authority) before granting or refusing LPR.
  • If the Central Government disagrees with the refusal of LPR, the leave must be granted.
  • The State Government can re-employ the officer concurrently with their LPR if their services are still needed, with leave salary regulated as per Rule 40(6).
  • The 'lending authority' can be a Ministry/Department of the Central Government, Administrator, Comptroller and Auditor-General, Head of Department, or the appointing authority.

Practical Example

Mr. Rajesh Kumar, a Section Officer in the Ministry of Finance, is on deputation to the Government of Karnataka. He applies for LPR six months before his intended retirement date. The Karnataka government wants to refuse his LPR because they need him for a crucial project. However, according to Rule 60, they must first seek the concurrence of the Ministry of Finance. If the Ministry of Finance disagrees with the refusal and insists that Mr. Kumar be granted LPR, the Karnataka government must grant it. If Karnataka still needs Mr. Kumar's services, they can re-employ him during his LPR period, and his salary will be adjusted according to Rule 40(6).

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 if the State Government doesn't seek concurrence from the Central Government before refusing LPR?
Refusing LPR without the Central Government's concurrence would be a violation of Rule 60 and could lead to administrative issues and potential legal challenges.
Does this rule apply to all types of leave, or only Leave Preparatory to Retirement?
This rule specifically addresses Leave Preparatory to Retirement (LPR) for Central Government employees serving with State Governments.
Who is considered the 'lending authority' in the Central Government?
The 'lending authority' can be the Ministry/Department, Administrator, Comptroller and Auditor-General, Head of Department, or the appointing authority of the Central Government employee.
What is the significance of Rule 40(6) mentioned in the rule?
Rule 40(6) provides the guidelines for regulating the leave salary of a government servant who is re-employed during their Leave Preparatory to Retirement.
If the Central Government agrees to the refusal of LPR, can the State Government automatically refuse it?
Yes, if the Central Government concurs with the refusal of LPR, the State Government can proceed with refusing the leave based on their administrative needs.

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) Rule 60, when a Central Government employee on deputation to a State Government applies for Leave Preparatory to Retirement (LPR), what is the State Government required to do before granting or refusing the leave?

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