The appointment letter issued to you should elaborate the type of appointment offered to employee e.g. temporary with prescribed period of probation, against permanent post with prescribed period of probation, contractual appointment.

{The employer should provide accurate proof of employment/contractual employment by appointment letter/contract of employment.}

Probation period is intended to train and evaluate the employee for absorption in establishment if found fit during period of probation.

It is believed Group-A officers selected and appointed thru UPSC, Civil services examination are for permanent post.

Yu may go thru your appointment order. In the order of appointment it might have been mentioned e.g.” On successful completion of probation period your services shall be confirmed in writing” “you shall retire from the service upon attaining age of ……years”.

The descripttion of eligibility of leave is also given in appointment letter and service rule book.

Valuable advice of learned experts/members is sought.

Types of Leave available to Central Govt Employees

15. Leave to Probationers :- A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

KASHMERE GATE, DELHI – 110006

PART-B

16.      TEACHERS APPOINTED ON PROBATION :

                  A teacher, appointed as a probationer against a  substantive vacancy and with definite terms of probation, shall during the period of probation, be granted leave which would be admissible to him if he had held his post substantively otherwise than on probation.  If for any reason it is proposed to terminate the services of a probationer, any leave granted to him shall not extend beyond the date on which the probationary period expires or any earlier date on which his services are terminated by the orders of the Board of Management. If a person in the permanent service of the  University is appointed ‘on probation’ to a higher post, he shall not, during probation, be deprived of the benefit of leave rules applicable to his permanent post.

PART-C

17.              TEACHERS APPOINTED ON CONTRACT

Teacher appointed on contract will be granted leave in accordance with the terms of contract.

Thanx a lot for reply..........my appointment letter says i am appointed against a permanent post and i will be on probation for one year. I was selected by UPSC. 

Actually i am working in vacational department (college having periodic vacation).............In our first year of service we were restrained from availing vacation (summer and winter) ..............On completion of one year probation period when we sought E/L in lieu of non availing vacation...........we were told by our AO that we are not entiltled for EL in lieu of first year of not availing the vacation.

My appointment letter do not have any detail about but it is written that service condions are governed by CCS rules.

It will be useful if some rule or example may provided to clear the doubt or how to tackle with deptt about this issue.

Valuable advice of learned experts/members having mastery on CCS rules is sought.

You have posted that:

--“In our first year of service we were restrained from availing vacation (summer and winter)”

Is it a service rule that probationers are not entitled for vacation?

Or you were not permitted despite being eligible for vacation? If you were entitled for vacation and were restrained from vacation by office order and asked to work then you may seek clarification on rules which are applicable to you for compensatory off or wages/salary @........times the normal wages/salary. If such facility is applicable to you there may be some time frame within which such compensatory off/compensation can be availed with sanction of sanctioning authority.

--“On completion of one year probation period when we sought E/L in lieu of non availing vacation...........we were told by our AO that we are not entiltled for EL in lieu of first year of not availing the vacation.”

If you wish to seek clarification the copy of service rules applicable to dept/establishment may be obtained from office. RTI may be another route to get these or seek clarification.

It is felt that AO has responded as per rules attached and given below. However you may check at your end and confirm. It is felt that your dept. has treated period of probation as non permanent service.

https://www.nitkkr.ac.in/CLR.pdf

F.R. & S.R. – PART III

CENTRAL CIVIL SERVICES

LEAVE RULES

(m) “Vacation Department” means  a department or part of a

department, to which regular vacations are allowed, during

which Government servants serving in the department are

permitted to be absent from duty.

16. Verification of title to leave

(1) No leave shall be granted to a Government servant until a

report regarding its admissibility has been obtained from the authority

maintaining the leave account.

NOTE.- The order sanctioning leave shall indicate the balance of

earned leave/half pay leave at the credit of the Government servant.

28. Earned leave for persons serving in Vacation Departments

(2) Subject to provisions of sub-rule (1), a Government servant

(other than a military officer) serving in a Vacation Department shall not be

entitled to any earned leave in respect of duty performed in any year in

which he avails himself of the full vacation.

(3)(a) In respect of any year in which a Government servant avails himself

of a portion of the vacation, he shall be entitled to earned leave in

such proportion of 30 days or 45 days when governed by the

exception to sub-rule (1) of Rule 26, as the number of days of

vacation not taken bears to the full vacation:

Provided that no such leave shall be admissible to a Government

servant not in permanent employ or quasi-permanent employ in respect of

the first year of his service.

https://yearbook4goiemployees.weebly.com/earned-leave-el.html

EARNED LEAVE (EL)

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Earned Leave to central Govt. employees are explained here under.

1.            Entitlement [CCS Leave Rule – 26 (1) (a) (i)]
The leave account of every Government servant (other than a military officer) who is serving in a Department other than a Vacation Department, shall be credited with earned leave, in advance, in two installments of 15 days each on the first day of January and July of every calendar year, provided that the earned leave at credit together with the un-availed joining time allowed to be so credited shall not exceed 300 days (excluding* the number of days for which encashment has been allowed along with Leave Travel Concession while in service).
* Including till 31/08/2008 as the amendment was made by sixth CPC w.e.f 01/09/2008.

https://www.nitkkr.ac.in/CLR.pdf

F.R. & S.R. – PART III

CENTRAL CIVIL SERVICES

LEAVE RULES

(m) “Vacation Department” means  a department or part of a

department, to which regular vacations are allowed, during

which Government servants serving in the department are

permitted to be absent from duty.

16. Verification of title to leave

(1) No leave shall be granted to a Government servant until a

report regarding its admissibility has been obtained from the authority

maintaining

THE ALL INDIA SERVICES (LEAVE) RULES,

Can be seen at

1955https://persmin.gov.in/Archive/Acts_Rules_Archive/AISRules_Archive/AISManual_Updated_27112007/3.%20The%20All%20India%20Services%20%28Leave%29%20Rules,%201955%28Updated%20up%20to%2015th%20March,%202008%29.pdf

2 (d) ‘earned leave’ means leave earned under rule 10;

2 (e) ‘earned leave due ‘ means the amount of earned leave to the credit of a

member of the Service on the date on which he became subject to these

rules calculated in accordance with the Government rule by which he was

governed immediately before that date plus the amount of earned leave

calculated as prescribed in rule 10 diminished by the amount of earned

leave taken after the date on which he became subject to these rules

10.Rate and amount of earned leave —

10

10(1)(a) The leave account of a member of the Service shall be credited with

30 days earned leave in calendar year. This shall be done in advance

in two instalments of 15 days each on the 1st of January and July,

every year:

41

33. Interpretation—If any question arises as tothe interpretation of these rules,

the Central Governmentshall decide the same.

as AO to show the exact rule.  Employes invacation deptt have less entitlelment of EL in considertation of lesser No of working days per  year.  So if you work in vacation deptt  (even during probatoin) yo ar eentitled to EL Credit.

send PM if in doubt