Attendance of Central Govt officials during lockdown: Clarification on 50% Attendance, Leave availed and work from home.

 Attendance of Central Govt officials during lockdown: Clarification on 50% Attendance, Leave availed and work from home.

रक्षा लेखा प्रधान नियंत्रक (प.क.) चंडीगढ़-160009
PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
(WESTERN COMMAND), CHANDIGARH-160009
Tel.No. :0172-2741611, E-mail: pcdawcanl.dad@hub.nic.in

No. AN/I/1041/Circular

Dated: 31/05/2021

Subject: Preventive measures to contain the spread of COVID-19: Attendance of Central Govt officials regarding.

With reference to Ministry of Personnel, Public Grievances and Pensions, (Deptt of DOPT) OM No. F.No. 11013/9/2014-Estt.A.II] dated 28th May 2021 and in continuation of this office circular No. even dated 12/05/2021 and in view of Covid-19 cases, it has been decided that as a measure to contain the spread of COVID-19, staff in respect of Main Office, Chandigarh and SAOs/AO/AAOs/staff in sub offices under PCDA (WC) shall attend the offices(s) to the extent of 50% on every alternate day from 01/06/2021 to 15/06/2021. Sr.AO/AO (as per Annexure ‘A’) and AAOs in Main Office, Chandigarh shall attend the offices to the extent of 50%.

2. The Officers In-charge shall prepare roster at their end accordingly. Those officials, who are not required to attend the office on a particular day, shall work from home and should be available on telephone and electronic means of communications at all times. Under no circumstances, such officials will leave the duty station. In case of any official work, the Officer-in-charge can call any official to attend office

3. The Officer in charge of any sub-office / section in Main Office can direct more officials to attend offices as per administrative requirement.

4. In Area Accounts Offices and PAO (ORs), Roster will be made by the Officers Incharge as per their requirement/monthly closing/pay bills etc.

5. It has been observed that some staff members avail leave between the days earmarked for work from home’ as per duty roster thus resulting in absenting themselves for continuous period, which not only affects the efficacy of the concerned Section/Group but also disrupts the duty roster system. It is enjoined upon all concerned that in case of officials availing such leave frequently, the entire period (work from home and leave availed on working days) shall be debited against the official’s leave of kind due to him.

6. All Group Officers/Officers-in-charge of Main Office and Sub Offices are directed to ensure that there is no pendency of work especially bills/letters in sections/offices for more than one week. It may also be ensured that for officials whose pendency in case of bills and letters is more than 07 working days, functioning of work from home would automatically stands cancelled.  Attendance of staff may be regulated accordingly.

7. It may be ensured that AAO of Section would attend the office when his SAO/AO works from home to avoid hampering of the work in Section. The Group Officer may assign SAO/AO under his/her administrative jurisdiction to Section/Group whose SAO/AO and Link Officer proceeds on leave/sick report or on work from home.

8. All Group Officers/ Officers-in-Charge may constantly review the status of their sections on daily basis and take necessary action besides ensuring correct and timely submission of control chart to AN-III section/System & Coord Section respectively. All the Officers and staff may be advised to get themselves vaccinated to effectively contain the spread of COVID-19. The guidelines/directions issued by government from time to time contain the spread of COVID-19 shall be strictly adhered to & strictly follow Covid appropriate behaviour during the said period.

PCDA has seen.

(MANJEET KAUR)
Dy.CDA

1. The CGDA, Ulan Batar, Road, Palam, Delhi cantt-10
2. PS to PCDA/GO(AN)
3. All IDAS Officers under PCDA(WC) Chandigarh
4. All Officer In-charge in Main Office, Chandigarh
5. All Sub Offices under PCDA(WC) Chandigarh
6. IT&S SEc. (Local)  … with request to upload on PCDA (WC) Website.

(N C DOGRA)
Sr. A.O (AN)

 

Source:  Click here to view/download the PDF

Modified Flexible Complimenting Scheme (MFCS) - Treatment of period of CCL towards minimum residency period for in-situ promotion

AB 14017/32/2013-Estt.(RR)

Government of India

Department of Personnel and Training

New Delhi, 

Dated: 25th February, 2019

OFFICE MEMORANDUM

Sub: Treatment of period of Leave towards minimum residency period for in-situ promotion under Modified Flexible Complimenting Scheme (MFCS)

The undersigned is directed to refer to DoPT OM of even number dated 30.07.2014 regarding the subject mentioned above. Representations have been received seeking clarifications regarding treatment of Child Care Leave as per extant instructions towards minimum residency period.

2. The matter has been examined in consultation with Department of Science and Technology and the following clarification is issued:

Clause (v) of Para 4 of OM AB 14017/32/2013-Estt.(RR) dated 30.07.2014 may be replaced with the following clauses:

“(v) Earned Leave for a total period of not exceeding 180 days (for 3 year residency period), 210 days (for 4 year residency period) and 240 days (for 5 year residency period) sanctioned as per Leave Rules shall also be taken into account while computing minimum residency period.

(va) Child Care Leave sanctioned as per Rules shall also be taken into account while computing minimum residency period”.

3. For removal of doubts, it is clarified that the above said modifications will be effective from 30.07.20 14, i.e. from the date of issue of the said OM.

(G. Jayanthi)

Joint Secretary to the Government of India

Source: Click here to view/download the PDF

https://dopt.gov.in/sites/default/files/leave_0.PDF

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave

As per notes below rules 43AA and 43B “Child” for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

CHILD CARE LEAVE

1. Whether women employees of Public Sector undertakings/Bodies etc. are entitled to CCL?

Orders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.

2. Whether Govt. servant can be permitted to leave station/go abroad while on CCL?

Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.

3. What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?

The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL.’ The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C)

4. Whether child care leave has been extended to female industrial employees?

Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43-C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012)

Commuted Leave

1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?

Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

Amendment in Central Civil Services (Leave) Rules.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 11th December, 2018

G.S.R. 1209(E).— In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972,

(A) in rule 28, in sub-rule (1) for clauses (a), (b) and (c), the following clauses shall be substituted, namely:-

“(a) The leave account of every Government servant (other than a military officer) who is serving in a Vacation Department shall be credited with earned leave, in advance’ in two installments of five days each on the first day of January and July of every calendar year.

(b) In respect of any year in which a Government Servant avails a portion of the vacation, he shall be entitled to additional earned leave in such proportion of twenty days, as the number of days of vacation not taken bears to the full vacation, provided the total earned leave credited shall not exceed thirty days in a calendar year.

(c) If, in any year, the Government servant does not avail any vacation, earned leave will be as per Rule 26 instead of clauses (a) and (b).”;

(B) in rule 29, for sub-rule (1), the following sub-rule shall be substituted, namely:—

“(1) The half pay leave account of every Government servant (other than a military officer and a Government servant serving in a Vacation Department) shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.”;

(C) in rule 43-C. (a) for sub-rule (1), the following sub-rule shall be substituted, namely”;

“(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the

like.” ;

(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-

“(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:-

(i) it shall not be granted for more than three spells in a calendar year;

(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.

(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.

(iv) child care leave may not be granted for a period less than five days at a time.

(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty five days, and at eighty percent of the salary for the next three hundred and sixty five days.

Explanation.—Single Male Government Servant’ means – an unmarried or widower or divorcee Government servant.”;

(D) for rule 44, the following rule shall be substituted, namely:-

“44. Work Related Illness and Injury Leave:-

The authority competent to grant leave may grant Work Related Illness and Injury Leave ( herein after referred to as WRIIL) to a Government servant (whether permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position subject to the provisions contained in sub-rule (1) of rule 19 of these rules, on the following conditions, namely :

(1) Full pay and allowances shall be granted to all employees during the entire period of hospitalisation on account of WRIIL.

(2) Beyond hospitalization, WRIIL shall be governed as follows:

(a) A Government servant (other than a military officer) full pay and allowances for the six months immediately following hospitalisation and Half Pay for twelve months beyond the said period of six months. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employees leave account.

(b) For officers of Central Armed Police Forces full pay and allowances for six months immediately following the hospitalisation and full pay only for the next twenty four months.

(c) For personnel below the rank of officer of the Central Armed Police Forces full pay and allowances, with no limit regarding period.

(3) In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation paid under the Act.

(4) No Earned Leave or Half Pay Leave shall be credited during the period that employee is on WRIIL.”.

(E) rules 45 and 46 shall be omitted.

sd/-

[F. No. 11020/01/2017 -Estt(L)]

GYANENDRA DEV TRIPATHI Jt. Secy

SPECIAL CASUAL LEAVE FOR REGULARISING ABSENCE ON ACCOUNT OF BANDH ETC.

SPECIAL CASUAL LEAVE FOR REGULARISING ABSENCE ON ACCOUNT OF BANDH ETC.

While the Government may issue specific instructions regarding treatment of the period of absence of employees during any particular bandh, ordinary a Government servant may be granted special casual leave as explained below, if the competent authority is satisfied that the absence of the individual concerned was entirely due to reasons beyond his control, e.g. due to failure to transport, or disturbances or picketing or imposition of curfew etc. If the absence was due to failure of transport facilities, the special casual leave may be granted if the Government servants had to come from a distance or more 3 miles (5 kms.) to their places of duty. 

If the absence was due to picketing or disturbances or curfew, the special casual leave may be granted without insisting on the condition that the distance between the place of duty and residence of the Government servant should be more than 3 miles (5 Kms).

Special casual leave in these cases may be granted by the Head of the Department.

(DP&T OM No. 27/6/71-Estt(B), dated the 1st Nov. 1971

DP&T OM No. 28016/1/79-Estt(A), dated the 28th May,1979

DP&T OM No. 3011/(S)/87-Estt(B), dated the 16th Feb., 1987)

LEAVE TO A GOVERNMENT SERVANT WHO IS UNLIKELY TO BE FIT TO RETURN TO DUTY

No 18017/1/2014-Estt (L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 17.07.2018

OFFICE MEMORANDUM

Subject: Leave to a Government servant who is unlikely to be fit to return to duty — Reg.

            The undersigned is directed to say that the CCS (Leave) Rules, 1972 have been amended vide Notification G.S.R. No. 438 (E) dated 03.04.2018 (copy enclosed) to bring them in conformity with the Rights of Persons with Disabilities Act, 2016. Accordingly, it has now been decided that leave applied under rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding. Further, any leave debited for the period(s) granted after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant. The Certificate of Disability is required to be issued in Form ‘3A’ which should be signed by a Government doctor of a Government medical board. Further, a Government servant who is granted leave in accordance with the provisions of clause (b) of sub rule (1) of rule 20 of CCS (Leave) Rules, 1972, the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016(49 of 2016) shall, suo-motu, apply.

2. These orders are to be effective from 19.04.2017.

3. Hindi Version will follow.

Encl: As above

(Sandeep Saxena)
Under Secretary to the Government of India

Leave Entitlement of Casual Labourers with temporary status

To view the ruling, please CLICK HERE. 

Special Leave connected to inquiry of sexual harassment: CCS (Leave) Amendment Rules, 2017

THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 15th March, 2017

G.S.R. 251(E).-In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) Amendment Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, for rule 48, the following rule shall be substituted, namely:

48, Special Leave connected to inquiry of sexual harassment - Leave upto a period of 90 days may be granted to an aggrieved female Government Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Government Servant under this rule shall not be debited against the leave account.

[F. No. 13026/2/2016-Estt. (L)]

GYANENDRA DEV TRIPATHI, Jt. Secy.

Footnote : The principal rules were published vide Notification Number 80. 940, dated the 8th April, 1972 f and were last amended vide Notification number G.S.R. 711(E) dated the 8th October, 2014.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O. 940 dated the 8th April, 1972 and have been subsequently amended.

Read at dopt.gov.in

Central Civil Services (Leave) (Third Amendment) Rules, 2012.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY.

PART II, SECTION-3, SUB-SECTION (i)]

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

NOTIFICATION

New Delhi, the 4th April, 2012.

G.S.R..... - In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules. 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) (Third Amendment) Rules, 2012.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), in rule 43-AA, the existing “Note” shall be numbered as “Note I” and after Note 1 as so renumbered, the following note shall be inserted, namely:-

Note 2:- “Child for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

3. In the said rules, in rule 43-B, the following note shall be inserted, namely:-

Note :- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

[F.No. 13026/5/2011 - Estt.(L)
sd/-

(Mamta Kundra)

Joint Secretary to the Government of India

Note: The principal rules were published vide Notification No. S.O. 940, dated the 8th April, 1972 and were last amended vide notification number G.S.R..., dated the 29th March, 2012.

Source:www.persmin.nic.in

Amendment to CCS (Leave) Rules, 1972

The Department of Personnel and Training (DOPT) has amended the CCS (Leave) Rules vide Notification dated 29.03.2012. as per the new amendment, the Government Servants cannot be granted any kind of leave for a continuous period more than 5 years. It has been further laid down that any government servant if absent from duty for more than 5 years continuously with or without leave (other than on foreign service), they shall be deemed to have resigned from their post.

Complete text of DOPT Notification dated 29.03.2012 is reproduced below :

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi. the 29th March, 2012.

Notification

GSR…….(E) …. In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

I. (i) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2012.

    (ii) They shall come into force on the date of theìr publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972, for rule 12, the following rule shall be substituted, namely:-

“12.(I) No Government Servant shall be granted leave of any kind for a continuous period exceeding five years.

(2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines, a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service :

Provided that a reasonable opportunity to explain the reasons for such absence shall be given to that Government servant before provisions of sub-rule (2) are invoked”.

F.No.13026/2/2010-Estt.(L)]

sd/-

(Mamta Kundra)

Joint Secretary to the Government of India

HSG I PM is empowered to relieve staff on E.L

No 51-4/2011- SPB – 11

Government of India

Ministry of Communications & IT

Department of Posts 

Dak Bhavan, Sansad Marg

New Delhi – 110001

Dated 01-08-2011

 To,

1. All Chief Postmasters General
2. All Postmasters General

 Sub: Grant of leave to the staff working under HSG I Postmaster.

Sir / Madam,

It is observed that HSG.I Postmaster is competent to grant only casual leave to the staff working under him/her. The applications for grant of other kind of leave to staff are forwarded by him/her to the Division office for approval. It has been brought to the notice of the Directorate that at times the
said procedure takes time and if such officials who don ot have casual leave left in their accounts want to proceed on earned leave immediately to some unforeseen circumstances, they face problems in proceeding on leave at short notice.

2. The matter has been looked into. It has been decided by the competent authority in the Directorate that in such pressing circumstances, HSG I Postmasters while recommending earned leave may relieve the official of his duties in anticipation of grant of leave by the competent authority, provided :

I. The earned leave applied for by the individual is not for more than the period of three days.

II. No substitute is required in case the official proceeds on leave.

III. The leave may be recommended by the HSG I Postmaster by recording that it is being recommended subject to the availability of leave in the credit of the applicant.

IV. The official may be relieved after duly following the procedure of handing/taking over of the charge.

V. If later on the sanctioning authority finds that the official does not have the leave applied for to his credit he should obtain the revised application from the individual for the kind of leave he/she is entitled to at the earliest.

VI. If the official needs earned leave for more than three days or wants to extend the earned leave beyond three days he should apply for same well in advance so that it is sanctioned as per the existing procedure.

Yours faithfully,

                                                                                                                                   -Sd-

(B.P.Sridevi)

Director (Staff