7th pay arrears receipt after study leave period
Sambath
(Querist) 19 November 2017
This query is : Resolved
Hi sir, This is sambath working as lab technologist in Jipmer (autonomous under CGHS). I had availed study leave after completing 6 years of service, for the period of twenty four months between july 2015 and may 2017. I joined my duty on 22 may, 2017, before the leave expires well in advance, after successfully completing my course in the due time. I was paid (basic, HRA and DA) salary during my study leave. As you know 7th central pay commission was revised on 1st Jan 2016. I din get my increment salary for whole 2016 but the same had been revised retrospectively from the date I joined. Similarly now the admin deny me the 7th cpc arrears for the period Jan 2016 to April 2017. It seems I only get the revised pay from the date I joined without any arrears. Why won't I be eligible for the Ministry pay revision during the study period when the study leave was actually sanctioned by the CGHS?? Also I would like to know if I can avail one more year study leave since I had signed 5 years of bond to serve the Institute after the leave.?? If yes whats the next earliest time I can apply?
Sudhir Kumar, Advocate
(Expert) 22 November 2017
Why won't I be eligible for the Ministry pay revision during the study period when the study leave was actually sanctioned by the CGHS??
HAVE YOU REPRESENTED TO THE DEPTT
Sudhir Kumar, Advocate
(Expert) 22 November 2017
Also I would like to know if I can avail one more year study leave since I had signed 5 years of bond to serve the Institute after the leave.??
IF YOU HAVE NOT CONSUMED WHOLE OF 2 YEARS OF STUDY LEAVE YOU CAN SIGN FRESH BOND AND TAKE STUDY LEAVE IF OTHERWISE ADMISSIBLE AND IF OTHERWISE DEPTT WILING TO GIVE.
Sudhir Kumar, Advocate
(Expert) 22 November 2017
If yes whats the next earliest time I can apply?
NO SUCH CEILING IS PRESCRIBED.
Sambath
(Querist) 22 November 2017
Thank u for your valuable comments Mr. Sudhir Kumar. I had availed two years (1year 11 months) only. I heard CHS staffs are eligible for three years and to sign 5 years of bond for that. Since I have signed 5 years of bond and serve under CGHS, am I eligible for one more year??
Guest
(Expert) 22 November 2017
Dear Sambath,
Although the 7th CPC recommended the date of effect to be 01-01-2016. Rules very clearly provide that if a Government servant is away on leave or even is availing joining time as on 1st of January 2016 the increased pay will be effected only from the date of which such employee resumes duty and not from the first of January 2016.
Secondly, even as per leave rules, during leave period only the last pay drawn is allowed. Further, even increment is also not allowed during leave period.
So, question of any increased pay or arrears for the period of leave does not arise.
Guest
(Expert) 22 November 2017
Very rightly guided by Mr. Dhingra.
Sambath
(Querist) 22 November 2017
Thank you Mr. Dhingra. I Wan you to check leave rules that I would like to share here, once.
"Central civil services leave rules (1962)- chapter VI - study leave-57 th point ".
Guest
(Expert) 22 November 2017
Mr. Sambath,
Please make clear, what exactly you want to convey by asking me to check Rule 57 about conditions of study leave, which I already know. You must be clear on the point about what exactly you want clarification from me.
Please don't expect me to use telepathy to read your mind to enable me to know what you want to point out or ask from me.
Guest
(Expert) 24 November 2017
Mr. Sambath,
You have not been able to clarify your point. You cannot be ethically expected to keep any expert in guessing position. It is your need for getting solution for your problem, not that of any expert, who is supposed to waste his time, energy and infrastructure for providing solutions free of cost.
But, if you are unaware about your own need, what is the fun in referring any such rule, when the conditions of the said rules are for you to be observed, not the administration to adhere to. More so, the rule referred by you is not the only rule that deals with the issue of study leave, they start from Rule 50 for the purpose of study leave. So reading between the lines may never help you in any way
If you have any doubt in my opinion, you may remove that by going through Rule 56 of the CCS (Leave) Rules, which pertains to leave salary during study leave and be satisfied.
So, there arises no question of any arrears becoming due, as your last pay drawn could not be enhanced in any way by any rule while continuing on leave.
However, had you joined even for a single day on 01.01.2016 or even on some other day after that, your duty pay could have been fixed as per the 7th CPC and hence would also have caused increase in leave salary, as per that admissible with reference to your last duty day of 01.01.2016 or thereafter. Just one day of duty in between could have caused a major difference in your leave salary and further continuation of the increased pay as per the 7th CPC.
Ms.Usha Kapoor
(Expert) 23 June 2018
I agree with Sudhir Kumar and Dhingra Ji.
