gaurav 12 May 2018

Retaining government accomodation during extraordinary leave

Dear Experts,

I have been working as Scientist (at Joint Director Rank- Grade Pay Rs. 76,00/-, Group-A, Gazetted Post) at Department of Scientist and Technology, Ministry of Science and Technology, New Delhi (Central Government) since 5 years. I have got admit at US university for (2 years) Masters Programme in the area related to my profession (Software/ Computers). I duly informed informed my Deprtment while applying to this course last year.

I understand that I am eligible for availing Study Leave, however, observing the past history of such cases in my Department, I have learned that Study Leave is generally got rejected citing one reason or another by the Personnel Section (like need for country for such course not justified, similar course available in country and many more). However, there are few cases where Extraordinary Leave has been granted for studying inside the country. Therefore, I am exploring the option of availing Extraordinary Leave. In this regard, following are my questions for you since my department isn't very cooperative in such discussions and want me to go through the propoer channel to explore my queries (which will waste lot of time and may waste my admit):

Can I avail Extraordinary Leave (EOL) after 5 years of Service for joining (2 years) Masters at USA if approved by my repoting and reviewing officer (Head of my Division)? Can Personnel Section still create issues?
Can I retain government provided accomodation for entire period of my EOL while at abroad for higher studies for 2 years? Please point me exact guidelines in this regard
What issues do you foresee in this regard?

Thanks in advance for your reply

Regards

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11 Replies

R.Ramachandran (Advocate) 12 May 2018

If extraorrdinary leave is granted by the sanctioning authority, then nobody can create any problem.

You can retain the Govt. accommodation during that period of EOL.

I do not foresee any other problem.

gaurav 12 May 2018

Thanks for answering, however, during EOL, salary isn't paid so how HRA/ License fee will be deducted? Also, few websites indiates that during EOL, one can retain govt accomodation up to 120 days only.

I request you to kindly double confirm your reply? Also, please provide any weblink indicating such rule.
Pleae provide other answer aske in my question.

R.Ramachandran (Advocate) 12 May 2018

You know how much licence fee is being deducted from your salary each month.

Based on that you can pay by cash to your PAO or directly into the Estate Office. These procedures you have to ascertain.

What I have answered is on the broad lines, not upto the last mile. The last mile leg work or tying up the loose ends has to be done by you. This you can do once your EOL for 2 years is approved.

There is nothing like 120 days limit for retaining the quarters. In fact, whoever has said so, you should ask them the basis on which they are saying.

gaurav 23 May 2018

Dear Sir,

Thanks for your reply, however, I request you to kindly share the excerpts from rulebook in this regard stating that House can be retained for whole duration (2 years) of extraordinary leave (which I am not able to find).

Regarding my statement of 120 days retainment of government accomodation, there are such rules in various other departments (like railways) which i could find on internet like following:

An employee in occupation of quarter may be permitted, while on leave for a period not exceeding 120 days, to retain the quarter for the period of leave on payment of normal rent/flat rate of licence fee/rent provided the authority sanctioning the leave certifies that the employee concerned is likely to be posted back to old station on expiry of his leave.

https://indianrailwayemployee.com/circular/allotment-railway-quarters-and-retention-part-2

gaurav 23 May 2018

From the page 40 of Central Government General Pool Residential Accommodation Rules, 2017 available at https://estates.gov.in/home;jsessionid=83C25FF4391CC095D9E82C4057B793F5

House can be retained for the full period of leave/posting on normal licence fee for all authorised and sanctioned leave except extraordinary leave without medical grounds, on proceeding on training, on mandatory posting under Central Staffing Scheme to Lok Sabha or Rajya Sabha Secretariat on certificate from Establishment Officer, Department of Personnel and Training, and on transfer to a non-family station abroad declared by Ministry of External Affairs (provided the allottee or members of family does not own a house at the last place of posting)