Ankit T (Income Tax Inspector) 14 July 2013

Extraordinary leave on probation

Learned Members, I have been selected as an Income Tax Inspector and took charge on 17 Oct 2012. I am on probation (I suppose) and duration of the same is 2 years. I am also preparing for civil services examination and have duly intimated my officials about the same. Now, I took an Extra- ordinary leave for 2.5 months from 20 march to 5 june to prepare for the prelims exam and took my charge on expiry of the leave period. I am quite sure that I will make it through the prelims stage and thus require another period of leave for at least 3 months..What I need to know is 1. Can I avail of Extra-ordinary leave under CCS rule 32(2)(a), if I have already taken a term of the same leave before, and these two terms of leave, which add up to 5.5 months, will be taken even before I have completed 1 year of service, that too under probation. 2. Does my explanation of rule 33(2) stand good in law if I presume myself a permanent employee for the purposes of rule 32 and presume that I can take an EOL up to a period of 5 years. 3. Elaborating on the clause "on any one occasion" in rule 32, I believe that I should be given another term of EOL of 3 months from Sep 2013 to Dec 2013. Is this interpretation wrong? 4. Will my probation period be extended automatically by the duration of EOL? 5. Will I be given any increment when I am on EOL? 6. Are the two terms different--" being a probationer" and " on probation" ? I will be extremely thankful.

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3 Replies

Sudhir Kumar, Advocate (Advocate) 14 July 2013

1. Can I avail of Extra-ordinary leave under CCS rule 32(2)(a), if I have already taken a term of the same leave before, and these two terms of leave, which add up to 5.5 months, will be taken even before I have completed 1 year of service, that too under probation.

Ans Yes :

2. Does my explanation of rule 33(2) stand good in law if I presume myself a permanent employee for the purposes of rule 32 and presume that I can take an EOL up to a period of 5 years.

Ans :No

3. Elaborating on the clause "on any one occasion" in rule 32, I believe that I should be given another term of EOL of 3 months from Sep 2013 to Dec 2013. Is this interpretation wrong?

Ans :No

4. Will my probation period be extended automatically by the duration of EOL?

Ans : No

5. Will I be given any increment when I am on EOL?

Ans : No

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Ankit T (Income Tax Inspector) 14 July 2013

Dear Sir, the authority competent to grant me EOL is not accepting the explanation..Can you site any case law, if available, reflecting such explanation-

Ans Yes :

3. Elaborating on the clause "on any one occasion" in rule 32, I believe that I should be given another term of EOL of 3 months from Sep 2013 to Dec 2013. Is this interpretation wrong?

Ans :No

Also, the CCS leave rules, Rule 33(2) is as under--

(2) A person appointed to a post on probation shall be entitled to
leave under these rules as a temporary or a permanent Government servant
according as his appointment is against a temporary or a permanent post:

If I am on probation against the post Income Tax Inspector, which is a permanent post, shouldn't be I treated as a permanent Govt. servant? Kindly explain.