Study leave
shibily
(Querist) 24 May 2012
This query is : Resolved
i am a junior Engineer in CPWD joined in july 2011.i completed my 1st year m-tech from Govt engineering college and take break of study from college.my probation on CPWD completed on july 2013.i want to join the m-tech course in july 2013 as it is the last chance according to rule of university .on what leave rule of central government i can join for the course.kindly suggest me the leave applicable for me to join master degree
Raj Kumar Makkad
(Expert) 24 May 2012
Study Leave :-
(i) Eligibility
Granted to government servants with not less than five years’ service for undergoing a special course consisting of
higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties or being capable of widening his mind in a manner likely to improve his ability as a civil servant. – Rule 50(1) & (2).
(ii) Sanctioning authority
Ministry/Department of the Central Government/Administrator/Comptroller and Auditor General of India. - First Schedule, Sl No. 3.
(iii) Course should be certified to be of definite advantage to Government from the point of view of public interest. - Rule
50 (3).
(iv) The particular study or study tour should be approved by the authority competent to grant leave. – Rule 50 (2)
(v) The official on his return should submit a full report on the work done during study leave. – Rule 50 (2)
(vi) Salary during Study Leave shall be the last pay drawn.
Raj Kumar Makkad
(Expert) 24 May 2012
Study Leave :-
(i) Eligibility
Granted to government servants with not less than five years’ service for undergoing a special course consisting of
higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties or being capable of widening his mind in a manner likely to improve his ability as a civil servant. – Rule 50(1) & (2).
(ii) Sanctioning authority
Ministry/Department of the Central Government/Administrator/Comptroller and Auditor General of India. - First Schedule, Sl No. 3.
(iii) Course should be certified to be of definite advantage to Government from the point of view of public interest. - Rule
50 (3).
(iv) The particular study or study tour should be approved by the authority competent to grant leave. – Rule 50 (2)
(v) The official on his return should submit a full report on the work done during study leave. – Rule 50 (2)
(vi) Salary during Study Leave shall be the last pay drawn.
Anirudh
(Expert) 25 May 2012
Dear Mr. Nadeem,
The eligibility for grant of study leave is minimum 5 years service.
The querist says that she joined the service in july 2011. Then how can she be eligible for study leave?
However, she can apply for, either Leave Not due or Extraordinary Leave. The provisions for grant of such leave is as under:
31. Leave not due
(1) Save in the case of leave preparatory to retirement, Leave Not
Due may be granted to a Government servant in permanent employ or
quasi-permanent employ (other than a military officer) limited to a
maximum of 360 days during the entire service on medical certificate
subject to the following conditions:-
(a) The authority competent to grant leave is satisfied that there is
reasonable prospect of the Government servant returning to
duty on its expiry;
(b) Leave Not Due shall be limited to the half pay leave he is
likely to earn thereafter;
(c) Leave Not Due shall be debited against the half pay leave the
Government servant may earn subsequently.
(1-A) Leave Not Due may also be granted to such of the temporary
Government servants as are suffering from TB, Leprosy, Cancer or Mental
Illness, for a period not exceeding 360 days during entire service, subject to
fulfillment of conditions in Clauses (a) to (c) of sub-rule (1) and subject to
the following conditions, namely:-
(i) that the Government servant has put in a minimum of one
year’s service;
(ii) that the post from which the Government servant proceeds on
leave is likely to last till his return to duty; and
(iii) that the request for grant of such leave is supported by a
medical certificate as envisaged in Clauses (c) and (d) of subrule
(2) of Rule 32.
(2)(a) Where a Government servant who has been granted Leave Not
Due resigns form service or at his request permitted to retire
voluntarily without returning to duty, the Leave Not Due shall
be cancelled, his resignation or retirement taking effect from
the date on which such leave had commenced, and the leave
salary shall be recovered.
(b) Where a Government servant who having availed himself of
Leave Not Due returns to duty but resigns or retires from
service before he has earned such leave, he shall be liable to
refund the leave salary to the extent the leave has not been
earned subsequently:
Provided that no leave salary shall be recovered under Clause (a) a or
Clause (b) if the retirement is by reason of ill-health incapacitating the
Government servant for further service or in the event of his death:
Provided further that no leave salary shall be recovered under Clause
(a) or Clause (b), if the Government servant is compulsorily retired
prematurely under Rule 48 (1) (b) of the Central Civil Services (Pension)
Rules, 1972, or is retired under Fundamental Rule 56(j) or Fundamental
Rule 56(i)
32. Extraordinary leave
(1) Extraordinary leave may be granted to a Government servant
(other than a military officer) in special circumstances-
(a) when no other leave is admissible:
(b) when other leave is admissible, but the Government servant
applies in writing for the grant of extraordinary leave.
(2) Unless the President in view of the exceptional circumstances of
the case otherwise determines, no Government servant, who is not in
permanent employ or quasi-permanent employ, shall be granted
extraordinary leave on any one occasion in excess of the following limits:-
(a) three months;
(b) six months where the Government servant has completed one
year’s continuous service on the date of expiry of leave of the
kind due and admissible under these rules, including three
months’ extraordinary leave under Clause (a) and his request
for such leave is supported by a medical certificate as required
by these rules;
(c) Deleted.
(d) eighteen months, where the Government servant who has
completed one year’s continuous service is undergoing
treatment for -
(i) Pulmonary Tuberculosis or Pleurisy of tubercular
origin, in a recognized sanatorium;
NOTE.- The concession of extraordinary leave up to eighteen
months shall be admissible also to a Government servant suffering from
Pulmonary Tuberculosis or Pleurisy of tubercular origin who receives
treatment at his residence under a Tuberculosis Specialist recognized as
such by the State Administrative Medical Officer concerned and produces a
certificate signed by that Specialist to the effect that he is under his
treatment and that he has reasonable chances of recovery on the expiry of
the leave recommended.
(ii) Tuberculosis of any other part of the body by a qualified
Tuberculosis Specialist or a Civil Surgeon or Staff
Surgeon; or
(iii) Leprosy in a recognized leprosy institution or by a Civil
Surgeon or Staff Surgeon or a Specialist in leprosy
hospital recognized as such by the State Administrative
Medical Officer concerned;
(iv) Cancer or for mental illness, in an institution recognized
for the treatment of such disease.
(f) twenty-four months, where the leave is required for the
purpose of prosecuting studies certified to be in the public
interest, provided the Government servant concerned has
completed three years’ continuous service on the date of
expiry of leave of the kind due and admissible under these
rules, including three months’ extraordinary leave under
Clause (a).
(3)(a) Where a Government servant is granted extraordinary leave in
relaxation of the provisions contained in Clause (e) of sub-rule
(2), shall be required to execute a Bond in Form 6 undertaking
to refund to the Government the actual amount of expenditure
incurred by the Government during such leave plus that
incurred by any other agency with interest thereon in the event
of his not returning to duty on the expiry of such leave or
quitting the service before a period of three years after return
to duty.
(b) The Bond shall be supported by Sureties from two permanent
Government servants having a status comparable to or higher
than that of the Government servant.
(4) Government servants belonging to the Scheduled Castes or the
Scheduled tribes may, for the purpose of attending the Pre-Examination
Training Course at the centers notified by the Government from time to
time, be granted extraordinary leave by Head of Department in relaxation
of the provisions of sub-rule (2).
(5) Two spells of extraordinary leave, if intervened by any other
kind of leave, shall be treated as one continuous spell of extraordinary
leave for the purposes of sub-rule (2).
(6) The authority competent to grant leave may commute
retrospectively periods of absence without leave into extraordinary leave.
Shonee Kapoor
(Expert) 29 May 2012
Thanks experts for enlightenment on this issue.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
