Leave Rules

 

Leave Rules 

RIGHT TO LEAVE

Leave cannot be claimed as a matter of right and leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Railway servant.

CONVERSION OF ONE KIND OF LEAVE INTO ANOTHER

1. At the request of a Railway Servant made before he ceases to be in service, the authority which granted him leave may convert it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted.
2. Commutation of one kind of leave granted to an employee while in service into any other kind of leave after cessation from service is irregular and violation of statutory rules
3. Provided that no such request shall be considered unless received within a period of 30 days of the concerned Railway Servant joining duty on the expiry of the relevant spell of leave availed of by him. [w.e.f.05.02.1998]…(RBE 29/98..SC 71/1998]
4. The railway servant cannot claim such conversion as a matter of right.

LEAVE ON AVERAGE PAY [LAP] : -

A Railway servant, permanent or temporary, other than one serving in a Railway School (e.g., a Teacher, Principal, HM, Librarian, Lab. Asst., or a waterman etc.,) is entitled for 30 days LAP in a calendar year which is afforded in advance at uniform rate (*) of 15 days each in two installments on 1st January and 1st July every year w.e.f. 01.01.1977[SC 38/1977] …….(*) it was at the rate of 16 days for the second half year of for every EVEN year prior to 01.01.1977.

Crediting of LAP: -

LAP shall be credited in advance at the rate of 2 ½ days for each completed calendar month of service which he is likely to render in a half year in which he is appointed.

From the next half year, LAP will be credited in advance in two installments on 1st January and 1st July every year at 15 days each.

[1] Retirement/ Resignation

[2] Removal / Dismissal/ Death while in service

The credit for the half year in which a railway servant is due to retire or resigns from service shall be afforded only at the rate of 2 ½ days per completed calendar month up to the date of retirement or resignation.

When a railway servant is removed or dismissed from service or dies while in service, credit of LAP shall be allowed at the rate of 2 ½ days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.

Reduction while crediting of LAP

If a railway servant has availed of extraordinary (EOL)...SC 38/77… and / or some period of absence treated as ‘DIES-NON’….SC 72/79…. during the previous half year the credit shall be reduced by 1/10th of the period of such leave (EOL) and / or DIES-NON subject to a maximum of 15 days.

Rounding off while crediting LAP

While affording credit of LAP fraction of a day shall be rounded off to the nearest day.

Carry forward of LAP balances

The leave at the credit of a railway servant at the close of the previous half year shall be carried forward to the next half year subject to the leave so carried forward plus the credit for the half year do not exceed the maximum limit of 300 (*.*) days. (*.*) Limit raised from 240 to 300 from 01.07.1997…RBE 155/97…SC 189/97]…Limit was 240 days from 01.07.1986… SC 153/86…Limit was 180 days prior to 01.07.1986 Procedure for crediting of LAP with effect from 01 07.97/ 01.07.1999

In case the credit of LAP of an individual is 285* days or less as on 1st January / 1st July of a year, 

LAP of 15 days, or, Proportionately less in respect of retiring persons or those leaving service during the next half year will continue to be credited as usual.

In case the credit of LAP of an individual is 300* days or less but more than 285* days as on 1st January / 1st July of a year, [RBE 156/99..SC 183/99], credit of LAP for 15 days may be kept separately and first adjusted against any LAP that the Railway servant concerned may avail during the ensuing half year and the balance, if any, credited to the LAP account at the close of the half year subject to the ceiling of 300 days.

* 225 days or less as on 1st January/ 1st July of a year [W.E.F.01.01.’90] SC 32/90

*240 days or less but more than 225 days as on 1st January/ 1st July of a year [W.E.F.01.01.’90] SC 32/90

Note: If the LAP availed during the half year is more than 15 days the amount in excess of 15 days will have to be debited to the leave account.

Limitation on grant of LAP: The maximum LAP to be granted at a time is limited to 180 days.

LEAVE ON HALF AVERAGE PAY [LHAP]:

A Railway servant, permanent or temporary, (*) including the one serving in a Railway School is entitled for 20 days LHAP in a calendar year afforded in advance in two installments on 1st January and 1st July every year at 10 days each W.E.F 01.01.1986.. [SC 90/86]…(*) ACS 116…RBE 57/2011….SC 60/2011 Prior to 01.01.1986, no advance credit of LHAP was given and the method was to credit 20 days on completion of one year service. After grant of such 20 days credit of LHAP in the middle of the year, the next credit will be afforded on 1st of the next year proportionately for the period balance period up to 31st December and later by giving 20 days thereafter for every year.

Crediting of LHAP

LHAP shall be credited in advance at the rate of 5/3 days for each completed calendar month of service which he is likely to render in a half year in which he is appointed.

From the next half year, LHAP will be credited in advance in two installments on 1st January and 1st July every year at 10 days each.

[1] Retirement / Resignation

[2] Removal / Dismissal/ Death while in service

The credit for the half year in which a railway servant is due to retire or resigns from service shall be afforded only at the rate of 5/3 days per completed calendar month up to the date of Retirement or Resignation. [SC 90/86]

When a railway servant is removed or dismissed from service or dies while in service, credit of LAP shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.[ SC 90/86]

Reduction while crediting of LHAP

Where a period of absence or suspension of a railway servant has been treated as ‘dies-non’ in a half year, the credit to be afforded to his half pay leave account at the commencement of next half year, shall be reduced by one-eighteenth [1/18th] of the period of ‘dies-non’, subject to a maximum of 10 days.

Rounding off while crediting LHAP

• While calculating the completed months of service the month may be rounded off to the next higher if it exceeds more than 15 days (e.g., if a railway servant has completed a year’s service as on 11th May 1985, he may be given the benefit of LHAP from May 1985 [since it exceeds 15 days] to December1985 for 13 days viz 5/3 X 8= 13 ½)..SC 90/86
• While affording credit of LHAP fraction of a day shall be rounded off to the nearest day.

Carry forward of LHAP balances: -

The leave at the credit of a railway servant at the close of the previous half year shall be carried forward to the next half year.

[Note: - There is no maximum limit on its accumulation as in the case of LAP].

Limitation on grant of LHAP at one spell: - The amount of LHAP that can be availed of in one spell irrespective of its being combined with any other kind of leave or not shall be limited 24 months. [This limit is, however is not applicable in case of commuted leave availed under Rule 527 of IREC-I).

The LHAP may be granted on medical certificate or on private affairs,

Provided that in the case of railway servants, not permanently employed, no LHAP shall be granted unless the authority competent to grant leave has reasons to believe that the railway servant will return to duty on its expiry, except in the case of a railway servant who has been declared completely or permanently incapacitated for further service by a medical authority…

If a railway servant is on leave on the day on which he completes a year of service, he shall be entitled to half pay leave without having to return to duty.

Other aspects [LAP/LHAP]

Decided that LAP/LHAP at credit of the employee should be endorsed on the leave application whenever leave is applied for and the employee to note the same. [SC 145/77…SC 84/79].

Decided that instead of issuing individual leave orders, on sanction of leave, a consolidated leave orders may be issued in a fort-night [say 20th of the month for those who proceed on leave between 1st and 15th; and on 5th of the next month for those who proceed on leave between 16th ant the last working day of the previous month.. these dates may vary to suit local conditions…..]..[SC 111/78]

LAP should not be denied ordinarily, especially in the last ten years of career [SC 154/86]…[RBE 133/2001…SC 156/2001]

The period spent on study leave shall be counted for earning of both LAP & LHAP w.e.f.04.01.2011….[RBE 01/2011….SC 06/2011].

COMMUTED LEAVE : -

Commuted leave not exceeding half the amount of LHAP due may be granted on medical certificate to railway servant subject to the following conditions: -

1. The authority competent to grant leave is satisfied that there is reasonable prospect of the railway servant returning to duty on its expiry;
2. When commuted leave is granted, twice the amount of such leave is debited against the LHAP;
3. No limit to the number of days of commuted leave to be availed of during the entire service;
4. LHAP up to a maximum of 180 days shall be allowed to be commuted during the service where such leave is utilized for an “APPROVED COURSE OF STUDY” which is certified to be in the public interest by the leave sanctioning authority;
5. Where a railway servant who has been granted commuted leave and resigns from service or at his request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as LHAP and the difference between the leave salary in respect of commuted leave and LHAP shall be recovered; Provided that no such recovery shall be made if the retirement is compulsorily thrust upon by reason of ill health incapacitating the railway servant for further service or in the event of his death.
6. Commuted leave may be granted at the request of the employee even when LAP is due to him. Para 551 of Medical Manual [IRMM] lays down that a Railway Doctor may issue a certificate to cover the period of sickness from an earlier period only if requested by the administration for such a certificate and if the medical authority is satisfied about the genuineness of the case on the strength of medical evidence available with him, which should be recorded in detail. Board desire that the contents of the para 551 of IRMM may be noticed by all cadre controlling/ leave sanctioning authorities to view such requests from employees of Group “A”, “B”, “C” & “D” with reasonable compassion.

LEAVE NOT DUE (LND) : -

LND to permanent employees [Para 528 of R-I]: - Leave not due may be granted to railway servant in permanent employment subject to the following conditions: -

LND shall be limited to the LHAP which he is likely to earn thereafter;

LND during the entire service shall be limited to a maximum of 360 days, on medical certificate; LND shall be debited against the LHAP he earns subsequently.

Where a railway servant who is granted LND resigns from service or at his request permitted to retire voluntarily without returning to duty, the LND 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.

Where a railway servant who having availed himself of LND 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) or (b) if the retirement is compulsorily thrust upon him by reason of ill health incapacitating him for further service [SC 46/81] or if he is retired compulsorily on disciplinary grounds [SC 46/81] or due to pre-mature retirement or in the event of death. LND to Temporary employees [Para 529 of R-I]: - Subject to the provisions of clause (i) and clause (iii) to rule 528 (1) Leave not due may be granted to a temporary railway servant suffering from TB, Leprosy, Cancer or Mental illness provided that: -

The grant does not exceed 360 days during the entire service, on medical certificate; The railway servant concerned has put in at least one year’s railway service;

The post from which the railway servant proceeds on leave is likely last till his return to duty; And the request for leave is supported by a medical certificate.

LEAVE TO APPRENTICES

Special class Railway Apprentices are eligible for leave on full stipend for a period not exceeding one month in any year of apprenticeship, (532-R-I) Provided that, except on grounds of ill health, the leave shall not be granted if it would interfere with his training…Leave in excess of one month in any year may be granted on grounds of ill health, but with no stipend.

Apprentices (Other than Artisans) such as Apprentice Mechanics in Railway Workshops, Journeymen and similar other apprentices / trainees, Probationary ASM s/ Commercial Clerks and all others who are trained for employment (533-R-I), Apprentices under training for group-C posts in all other departments, who are posted to supervisory posts after training such as Apprentice TXR s / PWI s, Stores Apprentices etc., (535-R-I) may be granted leave: -

On full stipend not exceeding 16 days in any year of apprenticeship

on half stipend on medical certificate not exceeding 20 days