Tuesday, March 26, 2013

Leave Encashment on Suspension/Dismissal/Removal

Sl. No.

Frequently asked Question

Answer

1.

Whether leave encashment be sanctioned to a Govt. servant on his superannuation while under suspension?

Leave encashment may be allowed in such cases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave encashment in the case of a Govt. servant who retires from service on attaining the ge of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings he/she will become eligible to he amount so withheld after adjustment of Government dues, if any.

2.

Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, service?

A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the from date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

source-persmin

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf

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