Rule 9 - Leave Transfer
Original Rule Text
9. Effect of dismissal, removal or resignation on leave at credit (1) Except as provided in Rule 39 and this rule, any claim to leave to the credit of a Government servant, who is dismissed or removed or who resigns from Government service, ceases from the date of such dismissal or removal or resignation.
(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.
(3) A Government servant, who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal or removal, as the case may be.
(4) A Government servant, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to count his past service for pension, shall be entitled to count his former service towards leave.
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
- 1Applies when a government servant applies for another post under the Government of India.
- 2The application must be forwarded 'through proper channel'.
- 3Resignation from the previous post is required to take up the new post.
- 4Ensures that the accumulated leave does not lapse upon resignation.
- 5Protects 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.
Cross References
Frequently Asked Questions
What does 'through proper channel' mean?▼
Does this rule apply if I'm applying for a job outside the Government of India?▼
What happens if my application is not forwarded through proper channel?▼
Does this rule apply to all types of leave?▼
Is there a time limit within which I must join the new post for this rule to apply?▼
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?