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gokul1969
15-12-2011, 07:14 PM
As per FAQ issued by DOPT, Govt. servant are permitted to encash earned leave upto 10 days either at the time of availing LTC himself or when his family avails it, provided other conditions are satisfied.

My point if spouse of govt. servant avails All India LTC alone in December,2011 and the government servant avails LTC in January,2012, Whether he can avail Encashment of Leave both times. You may note that the present block year for LTC is 2010-2013. The official has not availed encashment previously and as such well within the permissible limit of 60 days in the entire service. Senior members please respond.

I would like to have the opinon of Mr.Victor.

Gokul

Victor
15-12-2011, 10:24 PM
As per FAQ issued by DOPT, Govt. servant are permitted to encash earned leave upto 10 days either at the time of availing LTC himself or when his family avails it, provided other conditions are satisfied.

My point if spouse of govt. servant avails All India LTC alone in December,2011 and the government servant avails LTC in January,2012, Whether he can avail Encashment of Leave both times. You may note that the present block year for LTC is 2010-2013. The official has not availed encashment previously and as such well within the permissible limit of 60 days in the entire service. Senior members please respond.

I would like to have the opinon of Mr.Victor.

Gokul

As per Rule 38-A of CCS(Leave) Rules, 1972 EL encashment is availabe to the Govt. servant at the time of availing of LTC. Further, the govt. servant is also required to avail leave if he intends to encash EL on LTC. DOPT had also issued a clarification vide OM dated 3.6.2009 (http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/14028_4_2009-Estt.(L)0001.pdf) in view of the fact that the "facility is also admissible while availing Casual Leave". Hence, this implies that the encashment is permissible only when the GS avails LTC with or without family.

However the FAQ (http://persmin.gov.in/DOPT/RTICorner/ProactiveDisclosure/FAQ_Leave.pdf) issued by DOPT has given a new dimension to this issue. As per point no. 3, "a Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC himself or when his family avails it, provided other conditions are satisfied". So as per the FAQ it can be concluded that you are entitled to EL encashment at the time of your spouse availing LTC alone in Dec 11 as well as in Jan 12 when you intend to avail LTC. However, no formal clarification to the existing rules have been issued nor the CCS(Leave) Rules, 1972 suitably amended in line with this new interpretation. So your admin could play spoilsport on the ground that this FAQ is not a signed document or that a formal clarification has not been issued to all the Ministries/Departments.

Victor

sinha_audit
21-12-2011, 08:21 PM
Another example of Govt having contradictions in its orders and clarification.