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Rule 9 - Leave Transfer | KartavyaDesk

CCS Leave

Original Rule Text

(2) Where a Government servant applies for another post under the Government of India but outside his parent office or department and if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit.

What This Means

Rule 9 of the CCS (Leave) Rules, 1972, focuses on protecting your accumulated leave when you apply for and get selected for another government job outside your current department. Essentially, it ensures that if you apply for a new position within the Government of India, and your application is properly forwarded through the correct channels (meaning your current department approves and sends it on), you won't lose your earned leave just because you have to resign from your old job to take up the new one. This is a significant benefit as it allows you to carry forward your leave balance, providing continuity and preventing you from having to start from scratch with your leave accrual in your new role.

This rule applies specifically when you are moving from one government department or office to another within the Government of India. It's crucial that your application is forwarded 'through proper channel' – this means your current employer is aware of and approves your application. The rule protects your leave balance, preventing it from lapsing simply because you had to resign to accept the new position. It primarily affects government employees who are seeking career advancement or a change in roles within the government sector.

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 applies for another post under the Government of India.
  • •The application must be forwarded 'through proper channel'.
  • •Resignation from the previous post is required to take up the new post.
  • •Ensures that the accumulated leave does not lapse upon resignation.
  • •Protects the leave balance of the employee during inter-departmental transfers.

Practical Example

Ms. Priya Sharma, a Section Officer in the Ministry of Finance, applied for a position as an Assistant Director in the National Investigation Agency (NIA). Her application was duly forwarded through proper channel by her department. After being selected, Ms. Sharma was required to resign from her position in the Ministry of Finance to join the NIA. At the time of her resignation, she had 60 days of earned leave and 15 days of half-pay leave to her credit. Thanks to Rule 9 of the CCS (Leave) Rules, 1972, Ms. Sharma's 75 days of leave did not lapse. Instead, they were carried forward and credited to her leave account in the NIA, allowing her to utilize them as needed in her new role.

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

Frequently Asked Questions

What does 'through proper channel' mean?▼
'Through proper channel' means that your application for the new post is routed through your current employer (department/office) for their approval and forwarding. It signifies that your employer is aware of your application and has no objection to it.
Does this rule apply if I'm applying for a job outside the Government of India?▼
No, Rule 9 specifically applies to applications for posts *within* the Government of India but *outside* your current office or department. If you are applying for a job outside the government, different rules regarding resignation and leave encashment may apply.
What happens if my application is not forwarded through proper channel?▼
If your application is not forwarded through proper channel, Rule 9 will not apply. Your resignation might result in the lapse of your accumulated leave. It is crucial to ensure your application is correctly processed through your current department.
Does this rule apply to all types of leave?▼
Yes, Rule 9 protects all types of leave to your credit, including earned leave, half-pay leave, and any other type of leave that has been properly credited to your account.
Is there a time limit within which I must join the new post for this rule to apply?▼
While Rule 9 itself doesn't specify a time limit, the joining time rules and regulations of the new department will apply. Ensure you join the new post within the stipulated time frame to avoid any complications with the transfer of your leave balance.

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 9(2), under what condition will a government servant's accumulated leave not lapse when applying for another post under the Government of India?

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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