IMPORTANT ORDERS REGARDING LEAVE
SPECIAL LEAVE FOR COVID 19:CLARIFICATION:GOVT LETTER NO.DMA2/263/2022 DT:29/04/2022
Daily wage appointment in special casual leave vacancy:permission granted..GO(Ms)71/2019/GEDN DT:25/06/2019
Disability leave ( അവശതാവധി ) to part time contingent menial employees.GO(P)03/2019/P&ARD DT:11/06/19
KSR PART 1 RULE 88 പ്രകാരം ശൂന്യവേതനാവധി അനുവദിക്കുമ്പോൾ തുടർന്നുള്ള ഇൻക്രിമെന്റ് ശൂന്യവേതനാവധി ഒഴിവാക്കി ഒരു വർഷം പൂർത്തിയാകുന്ന മാസത്തിന്റെ ആദ്യ ദിനം മുതൽ അനുവദിക്കാം: സ്പഷ്ടീകരണം( SANCTION OF INCREMENT AFTER LEAVE WITHOUT ALLOWANCE) .LETTER NO.INF2/12/2017/FIN. DT:28/04/17
Sanction of maternity leave clarification Lr No.H2/19423/16/DPI/K.DIS DT:05/08/2016.(അധ്യാപികമാർ വെക്കേഷൻ കാലയളവിൽ പ്രസവിച്ചാൽ പ്രസവതിയ്യതി ക്കൂടി ഉൾപ്പെടുന്ന വിധത്തിൽ പ്രസവാവധി എടുക്കണം . Ref:judgement DT:16/08/1998 WÀ 47/1998 )
EARNED LEAVE SURRENDER BENIFIT TO CLUSTER COORDINATORS.LETTER NO.P1/865/2016/SSA DT:31/03/2016
MATERNITY LEAVE TO GENETIC MOTHERS OF CHILDREN BORN ON SURROGACY:GO(P)2/2016/FIN DT:12/01/2016
Counting of training ,leave vacancy service for higher grade..GO(Ms)112/84/GEDN DT:19/06/1984.
REGULARISATION OF STRIKE PERIOD
| Strike Date | How it Regularised | Order No. and Date. |
17/11/1988 to 22/11/1988 | Eligible Leave. | G. O. (Ms) No. 32/90/GAD dt.02/02/1990 |
| 30/08/1989 | Eligible Leave including Casual Leave. | G. O. (Ms) No. 20/90/GAD dt.18/01/1990 |
| 08/08/1990 | Eligible Leave including Casual Leave. | G. O. (Ms) No. 371/91/GAD dt.18/11/1991 |
| 09/08/1990 | Eligible Leave including Casual Leave. | G. O. (Ms) No. 371/91/GAD dt.18/11/1991 |
| 13/08/1990 | Eligible Leave including Casual Leave. | G. O. (Ms) No. 370/91/GAD dt.18/11/1991 |
| 06/02/1991 | Eligible Leave. | G. O. (Ms) No. 136/91/GAD dt.08/04/1991 |
| 29/11/1991 | As duty (except for pay & allowances) | G. O. (Ms) No. 365/93/GAD dt. 13/10/1993 |
| 19/06/1992 | As duty (except for pay & allowances) | G. O. (Ms) No. 1/94/GAD dt.03/01/1994 |
| 25/09/1992 | As duty (except for pay & allowances) | G. O. (P) No. 9/94/GAD dt.06/01/1994 |
| 28/10/1992 | As duty (except for pay & allowances) | G. O. (Ms) No. 247/94/GAD dt.08/08/1994 |
| 09/12/1992 | As duty (except for pay & allowances) | G. O. (Ms) No. 413/94/GAD dt.29/11/1994 |
| 10/08/1993 | ||
| 09/09/1993 | Eligible Earned Leave / HPL | G. O. (Ms) No. 181/95/GAD dt.13/06/1995 |
| 29/09/1993 | Eligible Earned Leave / HPL | G. O. (Ms) No. 162/95/GAD dt.20/05/1995 |
| 24/11/1993 | Eligible Leave | G. O. (Ms) No. 319/95/GAD dt.02/09/1995 |
| 24/05/1994 | Eligible Leave | G. O. (Ms) No. 317/95/GAD dt.02/09/1995 |
| 29/09/1994 | Eligible Leave | G. O. (Ms) No. 352/95/GAD dt.27/09/1995 |
| 23/11/1994 | Eligible Earned Leave / HPL | G. O. (Ms) No. 176/95/GAD dt.03/06/1995 |
| 26/11/1994 | Eligible Earned Leave / HPL | G. O. (Ms) No. 351/95/GAD dt.27/09/1995 |
| 20/06/1995 | G. O. (Ms) No. 181/95/GAD dt.13/01/1995 | |
| 04/08/1995 | Eligible Leave | G. O. (Ms) No. 328/95/GAD dt15/09/1995 |
| 12/10/1995 | Cir. No.83386/SSI/95/GAD dt.02/11/1995 | |
| 26/10/1995 | ||
| 08/11/1995 | Cir. No.94212/SSI/95/GAD dt.18/11/1995 | |
| 07/03/1996 | ||
| 12/11/1996 | ||
| 29/08/1997 | ||
| 06/11/1998 | ||
| 11/12/1998 | ||
| 18/11/1998 | ||
| 09/12/1998 | ||
| 09/02/1999 | ||
| 04/03/1999 | ||
| 11/05/2000 | Eligible Leave including Casual Leave | |
| 29/02/2000 | Eligible Leave | |
| 22/03/2000 | Eligible Leave | |
| 24/03/2000 | Eligible Leave | |
| 04/10/2000 | Eligible Leave including Casual Leave | |
| 01/11/2000 | Eligible Leave | |
| 10/01/2001 | Eligible Leave | |
| 11/01/2001 | L W A | |
| 14/02/2001 | L W A | |
| 12/03/2001 | Eligible Leave | |
| 25/07/2001 | Eligible Leave | |
| 22/11/2001 | Eligible Leave | |
| 10/01/2002 | Dies-Non | |
| 29/09/2005 | Eligible leave on self declaration | G. O. (P) No. 376/2005/GAD dated 18/10/2005 |
| 24/01/2006 | Dies-Non | G. O. (P) No. 24/06/GAD dt.20/01/2006 |
| 13/06/2006 | ||
| 14/12/2006 | ||
| 30/10/2007 | ||
| 21/07/2008 | ||
| 20/08/2008 | ||
| 07/09/2010 | Eligible Leave including Casual leave | G. O. (P) No. 357/2010/GAD dated 11/11/2010 |
| 28/02/2012 | Dies-Non./ Casual leave on written declaration | G. O. (P) No. 47/2012/GAD dated 27/02/201 Circular No.21439/2012/GAD dated 23/03/2012 |
| 21/08/2012 | Dies-Non | G. O. (P) No. 211/2012/GAD dated 17/08/2012 |
08/01/2013 to 13/01/2013 | Dies-Non | G. O. (P) No. 385/2012/GAD dated 26/12/2012 G. O. (P) No. 17/2013/GAD dated 19/01/2013 G. O. (P) No. 21/2013/GAD dated 25/01/2013 |
20/02/2013 to 21/02/2013 | Dies-Non Eligible leave including Casual Leave | G. O. (P) No. 42/2013/GAD dated 18/02/2013 GO(P)No.68/2013/DAD dated 12/03/2013 |
02/09/2015 | Dies-Non | GO(P)No.227/2015/GAD Dated 25/08/2015 |
| 10/02/2021 | Dies-Non | G. O. (Ms) No. 46/2021/GAD dt 09/02/2021 |
“Leave means permitted absence from duty”.
A. General conditions:
1. The Government are the Sanctioning Authorities for the
grant of Leave Without Allowance exceeding 4 months at a time & LWA for study purpose (R.110 C-app.XII B. All other kinds of leave are sanctioned by competent departmental authorities. R.64.
2. Leave cannot be claimed as a right. In exigencies of service, the sanctioning authority may at his discretion, refuse or revoke the leave of any description. R.65.
3. The nature of the leave due and applied for by an officer cannot be altered at the option of the sanctioning authority. Note under R.65.
4. Holidays and restricted holidays can be prefixed or suffixed to leave. R 68 read with Note 1 below it.
5. An officer when entered on leave on MC may be allowed to join duty after producing Medical Certificate of fitness. Note 2 to R 68.
5(a).When a Government Servant is certified medically fit for joining duty,holidays if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holidays if any, preceding the day he is so certified shall be treated as part of the leave.(Note 2(ii) KSR PART 1)
5(a).When a Government Servant is certified medically fit for joining duty,holidays if any, succeeding the day he is so certified (including that day) shall automatically be allowed to be suffixed to the leave, and holidays if any, preceding the day he is so certified shall be treated as part of the leave.(Note 2(ii) KSR PART 1)
6. Any kind of leave other than LWA under App. XII A, XII B, and XII C may be combined with.
7. Vacation may be availed in combination with or in continuation of any kind of leave R.74.
8. The maximum amount of leave, in combination or otherwise, granted at a time shall not exceed 5 years.
9. LWA under App XII A and XII C shall not be granted exceeding 5 years at a time.On expiry of that, further extension may be considered.
10. Any kind of leave, except EL, can be commuted into any other kind of leave (R.76& 89). But, EL sanctioned to join spouse can be
retrospectively commuted into LWA under App.XII.C
11. An officer on leave may not return to duty before the expiry of leave unless he is permitted to do so .R.72
12. An officer on leave should intimate sufficiently early his intention of joining duty after the leave, enabling to issue posting orders in time. R.124.
13.no earned leave shall be admissible to an officer in a
vacation department in respect of the first year of his service.Rule 86 KSR PART 1
13.no earned leave shall be admissible to an officer in a
vacation department in respect of the first year of his service.Rule 86 KSR PART 1
14.No convertion of leave shall be permitted on expiry of one year from the date of sanction of the leave".CIRCULAR NO.09/2015/FIN DT:16/01/2015
B. Classification of Leave
Leave is classified into ordinary leave and special leave.
1. Ordinary leave: This is the leave earned by a Government servant in proportion to his/her duty or service. A leave account is maintained. Every leave except LWA availed shall be debited against the leave at credit. Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due and Leave Without Allowance are coming under this category.
2. Special leave: This is the leave granted to a particular person in a special circumstance. No leave account is necessary. Disability leave, Maternity leave, Child Adoption Leave and Hospital leave are the four types of special leave.
C. Five kinds of ordinary leave.
1. Earned Leave: R. 78, 79, 86, 86A & 87
All permanent employees are earning EL at the rate of one day for every eleven days
on duty. Non-permanent employees are earning this leave at the rate of one day for every 22 days on duty for the first year and after that @ 1/11. When the person is confirmed in that cadre, the EL calculated @ 1/22 will be regularized @ 1/11. From 27/2/2007 all non permanent employees who have completed 3 years' continuous service are eligible to recalculate their EL @ 1/11 for the first year. The maximum amount of EL that can be at credit at a time shall not be in excess of 300 days w.e.f. 01-11-1998. The maximum amount of EL that can be granted at a time shall not be in excess of 180 days. But, in the case of leave preparatory to
retirement, it can be granted upto 300 days. During a financial year 30 days EL can be surrendered in a block for leave salary. For terminal surrender it will be upto 300 days.
EL Salary:
Full pay, if the person had been on duty+Dearness Allowance to that pay +compensatory allowances as admissible (No HRA if occupying Government Quarters)+special pay as admissible. If promoted during EL, monetary benefit of promotion shall be granted only from the date on which charge is assumed. (See
Rules 92&93).
2. Earned leave for those persons enjoying vacations. R.80, 81, & 86.
i) Those persons who are eligible for regular vacations are not eligible for EL, if they are enjoying full vacation. But, if they are prevented from enjoying vacation in full they will earn EL under formula n/v X 30, where ‘n’ represents the number of days
prevented from enjoying and ‘v’ total period of vacation.
(ii) If in any year (actual duty period of 12 months and not calendar year) an employee is not enjoying the vacation, EL is earned for that year @ 1/11.
(iii) Teaching staff attending valuation and tabulation work of SSLC and HSC Public examinations during vacation shall be considered to have been prevented from enjoying full vacation and they earn EL at proportionate rate as per R 81.
3. Half pay leave R. 82 & 83
This leave is earned at 20 days for each completed year of service. HPL is granted eitheron private affairs or on Medical Certificate.Completed year of service includes periods spent on duty, periods of leave including LWA on MC, periods of suspension treated as duty / leave other than LWA and dies-non. (LWA availed for other employment under APP. XII A, LWA for joining spouse under APP.XII C, LWA for study purpose under APP. XII B and LWA specially ordered not to count for
service benefits, are not earning HPL).HPL is not earned for fraction of a year. It is granted without any limit.
Half Pay Leave Salary. R.93
Leave salary will be equal to half of the pay, the officer would get, had he been on duty during the period of leave. It includes an increment that falls due during the period of HPL. When an officer is promoted during the HPL, the monetary benefit of promotion shall be granted only from the date on which he assumes charge of the post, if there is change of duties.
Dearness Allowances during HPL will be based on leave salary actually drawn. But, in the case of NGOs whose pay before proceeding on leave does not exceed Rs. 10,790 w.e.f.
01-04-2005 in the revised scale of pay( 18740 w.e.f 01/07/2009 & 35700 w.e.f 01/07/2014), the DA will be what would have been admissible to him had he performed duty; ie, full DA. In such cases leave salary and DA shall not be less than 65% of the amount of pay and DA while on duty.
4. Commuted Leave. R.84 & 86 A
This is a conversion of HPL into full pay leave. Twice the amount of HPL will be debited for each commuted leave. All permanent employees and those who have completed three years of continuous service are eligible for this leave. No MC is necessary for the grant of this leave from 23-12-1982.Leave Salary will be twice the amount of pay admissible on HPL and DA to that amount.R.94.
5.Leave Not Due R. 85
This is HPL granted in advance. Only permanent employees are eligible to avail this leave.This is granted only when no other leave is at credit and the Leave Sanctioning Authority is satisfied that there is reasonable prospect of the employee returning to duty on the expiry of the leave and earning an equal amount of HPL thereafter for adjusting the leave granted. During the entire service the maximum amount of LND should not exceed 360 days out of
which 180 days may be granted without MC and it should not exceed 90 days at a time. The remaining 180 days should be on medical certificate.
6.Leave Without Allowance/ Extraordinary Leave * R. 64, 86A &88
This leave is granted to an officer in regular employment, when there is no other leave at credit or there is leave at credit, but applies for LWA. Non-permanent employees with less
than 3 years service are eligible to LWA upto 3 months at a time. This is granted on MC or otherwise. This is also granted:
i. for regularizing the period of suspension. R 88(ii)
ii.for treatment of TB, Cancer or mental disease. R. 90.
iii.for obtaining superior qualification. 91
iv.for taking up other employment APP.XIIA or for joining with spouse under App. XII C
v.for study purpose-APP XII B
Period of LWA exceeding 4 months requires sanction of the Government. R 64.
(LWA taken by teachers for the completion of training courses such as B.Ed, HindiTeacher’s Training, LTT and TTC shall not be reckoned as qualifying service). LWA under Rule 88 otherwise than on MC, ie. Private/ personal/ domestic and for regularizing the unauthorized absence / suspension will not to be reckoned for granting increment, higher grade, pension or for accumulation of EL. (Govt. Circular No. 72/2005 / Fin dated30/12/2005.
* 7. Extraordinary Leave : Ordinary leave is the leave that earned in proportion to duty or service. But, LWA which is included in the category of ordinary leave, is not earned.
Therefore, this is otherwise termed as Extraordinary leave.
D. Five Kinds of Special Leave
1. Disability Leave.R. 97
This leave is granted to an officer who is disabled by injury intentionally inflicted or caused in or in consequence of due performance of his official duties or in consequence of his
official position. It shall not be granted unless the disability manifests itself within three months of the occurrence to which it is attributed and the person disabled acts with due promptitude in bringing it to the notice of the sanctioning authority with the support of MC.The Maximum period is 12 months in ordinary course and 24 months in special circumstance for one disability.
This can be combined with other kind of leave.
Leave Salary: For the first four months at the rate of EL salary and for the remaining period at the rate of salary for HPL. R. 104.
2. Maternity Leave R.100, 101 & 102
From 1-04-2009 this leave is granted to female Government Servants on full pay for a maximum period of 180 days R.100.
Female recruits through PSC who join duty within 180 days from their date of delivery (other than on account of miscarriage) shall, on joining, be granted from the next day the balance of M/L admissible as on the date of joining duty subject to the following conditions.
(a) Holidays/Vacation falling immediately after the date of joining service cannot be prefixed to the leave.
(b) A certificate from the medical officer who attended the delivery showing the date of delivery along with medical certificate of health as prescribed in Rule 13 Part I KSRs should be produced.
This is also granted in the case of miscarriage including abortion for a period not exceeding six weeks and for hystrectomy (uterus removal) for 45 days. R. 101.
This leave can be combined with any other kind of leave and MC is not necessary for such leave not exceeding 60 days in continuation. LWA without MC upto 60 days will be counted
for granting increment. R. 102.
Leave salary as admissible for EL under R.92.
3. Child Adoption Leave R. 102 A
Adoptive mothers with less than 2 surviving children are eligible for 180 days leave similar to maternity leave from the date of legal adoption of a child upto one year of age till the child reaches one year of age. Any other eligible leave can be combined with this leave similar to the case of maternity leave. Benefits are similar to that of maternity leave. LWA for 60 days in continuation can be sanctioned without MC similar to maternity leave. In
continuation other leave can also be granted with the support of medical certificate if deemed necessary to look after the adopted child.
4. Paternity Leave :
G.O.(P) No.85/11/Fin dated 26.2.11. Paternity Leave for 10 days each for two children will be sanctioned to serving male employees at the time of delivery
of their wives.
5.Hospital Leave R.103
This leave is granted to the categories of Government Servants specified under the rule while under medical treatment for illness or injury, if such illness or injury is directly due to risks incurred in the course of their official duties.This is granted for treatment either at hospital or at home.
The duration will be as suggested by the attending Medical Officer.
Leave salary as for Disability leave. (R 104)
Comment on the following: -
a) On 1-7-2004 an officer requested for converting 30 days EL availed of by him in April2004 into HPL.
(See R 76 & 89. EL shall not be commuted
Hence irregular)
b) A Permanent officer who is due to retire on superannuation on 1-8-2003 has applied for 40 days Leave Not due from 1-3-2003 as there was no EL or HPL at his credit. Considering his ability and devotion, it was granted
(See R 85; Cannot earn HPL. Hence irregular).
c) An officer not in permanent employ has applied for 20 days EL oncompletion of 200 days duty. It was granted after satisfying the purpose for which it was applied,
(See R 86 will earn EL at 1/22. Hence irregular)
d) An officer applied for 15 days EL, which was admissible. But, as the leave sanctioning authority wanted to punish for his frequent absence, LWA for 15 days was sanctioned to him.
(See note under R.65. Action irregular)
e) A temporary clerk who had put in 2 years service was granted LWA for 5 months
(See R 88 (ii) and 88 A.LWA upto 3 months can be granted.
Hence irregular).
f) A clerk in the office of the City Police Commissioner,
Thiruvananthapuram met with a scooter accident and one of his legs was fractured.
He was granted hospital leave for 4 months.
(See R 103 clerk is not eligible to hospital leave, and that leave is granted while undergoing medical treatment for illness or injury, if such illness or injury is directly due to the risk incurred in the course of official duty. Hence also the above action is irregular.
g) Commuted leave for 15 days is granted to an officiating clerk who has put in 2 yearsservice.
(see R.86A. CML can be granted only to permanent officers and officers having 3 years continuous service. Hence irregular)
h) EL and LWA were sanctioned as leave for study purpose to a clerk for technical course of study in a polytechnic.
(See note 2 to R 91 sanction irregular).
i) The balance of EL of a full time teacher at the time of his appointment to a parttime post was allowed to be surrendered.
(See ruling to R.86, the action is irregular.
When a full time teacher is appointed to a part-time post, the EL at credit can be
granted only when he is reappointed in the fulltime post).
E. Some other Leave
1. Commutation of Leave R. 76&89
This is conversion of one kind of leave into another kind with retrospective effect, provided EL shall not be commuted into leave of a different kind except the EL availed for meeting spouse as provided in Note. 1 of Appendix XII C.Commutation of one kind of leave into another kind automatically carries with it the drawal
of arrears of leave salary or recovery of amounts overdrawn.
2. Leave for obtaining superior qualifications-R 91
Officers with a continuous officiating or temporary service of two years or more, will be granted, in addition to any leave to which they are eligible, leave under this rule for obtaining superior qualifications like BA, BL etc. But this two-year service is not insisted upon in the case of employees belonging to SCs/STs. Such leave will not be given for broken periods, but will cover the entire period of the course concerned. Extension of leave
will be granted to cover the further period required for the completion of the study.
‘Superior qualifications’ mentioned above are intended to enhance the usefulness of the Government servant concerned as a member of the service or will improve his prospects in
the service of which he is a member. In circular No. 24780/ R4/ 99 Fin dated 22-04-1999, it has been directed by Government, to
specify in the leave sanctioning order under R 88&91 whether the LWA so granted will count for service and retirement benefit.
Leave under R 91 can be granted by the authority competent to sanction eligible leave and LWA.
3. Leave to officers appointed for limited periods and provisional employees.
Where the appointment is for one year or less, earned leave on full pay calculated at 1/11 of the period spent on duty may be granted subject to a maximum of 15 days on MC. If there is no EL at credit, HPL up to 15 days on MC, subject to the condition that the leave
period of the two kinds does not exceed one month in the term of service of the concerned.
If the officer serves in the vacation department, EL is not admissible. If absolutely necessary, HPL on MC, not exceeding 1/11 of the time spent on duty, subject to a maximum of 15 days during the term of service.
(See G.O. (p) 740/70 Fin dated 20-11-
1970 and Appendix VIII).
The leave of provisional recruits shall be regulated by Appendix VIII. (See G.O. (p) 216/05/Fin dtd 11/05/05.
4. Leave for Full Time Contingent Employees
Permanent FTC employees are eligible for EL and HPL as regular employees. LWA as admissible to regular employees, if they have completed 3 years continuous service, and to those with less than 3 years service, the duration of such leave shall not exceed 3 months at a time.
5. Leave for Part Time Contingent Employees
EL is earned at 1/22 of duty. EL to be granted in a year shall not exceed 15 days.
Maximum EL at credit shall not be in excess of 120 days. EL at credit when promoted shall be carried over. 30 days EL can be surrendered in a year.
Terminal surrender of EL up to 120 days is allowed. LWA under special circumstances for a maximum period of 120 days in a calendar year, maternity leave for 3 months, and leave for miscarriage or abortion for six weeks, are also admissible.
Casual leave 20 days similar to regular employees.. LEAVE BENEFIT TO PART TIMR TEACHERS: 1.GO(MS)253/12/G.EDN DT:07/08/2012 2.GO(MS)273/12/G.EDN DT:07.09.12. 3.GO(MS)283/13/G.EDN DT:23/10/2013. 4.GO(MS)269/15/G.EDN DT:08.10.2015
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